HomeMy WebLinkAboutJuly 07, 2011 - CouncilCOUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday, July 7, 2011
7:00 p.m.
Page
1.CALL TO ORDER
2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a)Minutes of the budget meeting of Council held June 6, 2011.
(b)Minutes of the budget meeting of Council held June 16, 2011.
(c)Minutes of the regular meeting of Council held June 16, 2011.
(d)Minutes of the budget meeting of Council held June 21, 2011.
(e)Minutes of the special meeting of Council held June 29, 2011.
(f)Added Item(s)
4.DELEGATIONS
(a)7:05 p.m. - Ray Maddox regarding Cemetery Maintenance
Item 9(h)
5.INFORMATION ITEMS
(a)Copy of resolution from the Township of Carling passed June 13, 2011 regarding
"Donation to the Town of Slave Lake".
File: C10
(b)Correspondence dated July 4, 2011 from AMCTO regarding "Livestock Damage
Protection - Significant Changes Effective July 1, 2011".
File: A01
(c)Bayham Community Centres Committee draft minutes of meeting held June 30,
2011.
File: C06
5-7
9-10
11-22
23-24
25-26
27
29-30
31-33
Page 1 of 297
Council Agenda July 7, 2011
Page
5.INFORMATION ITEMS
(d)Bayham Harbourfront Committee minutes of meeting held May 18, 2011.
File: C06
(e)Lake Erie Region Source Protection Committee minutes of meeting held June 2,
2011.
File: E00
(f)Corresondence dated May 20, 2011 from Environment Canada regarding "2011
Lakewide Management Annual Report".
File: E00
(g)Correspondence dated June 24, 2011 from Ministry of Infrastructure regarding
"Building Together".
File: A16
6.PLANNING, DEVELOPMENT, RECREATION & TOURISM
7.ROADS, AGRICULTURE & DRAINAGE
(a)Staff Report PW2011-07 regarding "Harmony Acres Speed Limit".
File: T08
8.PROPERTY, BUILDING & PROTECTIVE SERVICES
(a)Building Permit Report for month ending June 30, 2011.
File: P10
(b)Staff Report P2011-012 regarding "Station 1 - Port Burwell".
File: P16
(c)Staff Report P2011-013 regarding "Communications Agreement".
File: L04
9.FINANCE, ADMINISTRATION & PERSONNEL
(a)Cheque Register being Cheque #10611 to Cheque #10710 inclusive, except
Cheque #10611 totaling $573,141.52 and Payroll Disbursements for the period
ending June 12 & June 26, 2011 totaling $101,601.25 & $60,275.39 respectively.
35-36
37-45
47-51
53-54
55
57
59-65
67-70
71-85
Page 2 of 297
Council Agenda July 7, 2011
Page
9.FINANCE, ADMINISTRATION & PERSONNEL
(b)Brochure regarding "Aylmer Express Graphics Group 3 Port Tour Classic-Century
Ride".
File: A04
(c)Refined resolution regarding "Escalating Ontario Provincial Police Service Costs".
File: C09
(d)Correspondence received from the Pilgrims of Estherville regarding "Plaque In
Honour of the Founders of Bayham".
File: S09
(e)Correspondence dated February 11 and June 13, 2011 regarding "Estherville
Cemetery AGM Report".
File: S09
(f)Staff Report PW2011-08 regarding "County Road Maintenance Agreement /
Funding".
File: L04
(g)Memorandum regarding "MTO Authorized Requestor Agreement 11091".
File: L04
(h)Memorandum C2011-08 regarding "Inactive Cemetery Maintenance".
File: S09
(i)Memorandum C2011-09 regarding "Elgin Military Museum Agreement".
File: L04
(j)Staff Report F2011-09 regarding "Cell Phones".
File: A12
(k)Staff Report F2011-11 regarding "Interest Rates for Water Project".
File: F05
(l)Correspondence dated July 4, 2011 from Marion Paterson (SANYA) regarding
"use of Municipal sign".
File: C13
10.ENVIRONMENT
(a)Correspondence dated June 21, 2011 from Ministry of Agriculture, Food and Rural
Affairs regarding "Application under Intake One of the Ontario Small Waterworks
Assistance Program - Phase Three".
File: F11
87-88
89
91-92
93-106
107-119
121-156
157
159-176
177-179
181-182
183
185
Page 3 of 297
Council Agenda July 7, 2011
Page
11.COMMITTEE OF THE WHOLE
(a)In Camera.
(b)Out of Camera.
12.BY-LAWS
(a)By-Law 2011-057 A By-Law to further amend By-Law 2011-001 (appointing
members to Boards and Committees)
(b)By-Law 2011-059 A By-Law to adopt the 2011 assessment on which taxes shall
be levied and the current estimates for 2011
(c)By-Law 2011-060 A By-Law to adopt the 2011 Capital Estimates for 2011
(d)By-law 2011-061 A By-Law to establish a levy for the year 2011
(e)By-Law 2011-063 A By-Law to authorize the execution of an agreement (Elgin
Military Museum)
(f)By-Law 2011-064 A By-Law to authorize the execution of an agreement (MTO)
(g)By-Law 2011-065 A By-Law to confirm all actions of Council
13.ADJOURNMENT
(a)Adjournment
187
189-230
231-237
239-241
243-259
261-295
297
Page 4 of 297
BUDGET MEETING MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
June 6, 2011
7:00 PM
The frfth 2011 budget meeting of the Council of the Municipality of Bayham was held on
Monday, June 6, 2011 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor
Mark Taylor, Councillors Tom Southwick, 'Wayne Casier and Ed Ketchabaw, Adminishator
Kyle Kmger, Clerk Lynda Millard and Treasurer Denis Duguay.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None
(a) Added Item
20tt-260
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
I'THAT in accordance with Section 21 of Procedural ByJaw 2002-93, Report
regarding Potential Surplus Properties be added to the agenda as item 3(d)."
CARRIED UNANIMOUSLY
Agenda items were considered in the following order 3(b), (c), (d) & (a).
3. 2Ol1DRAF"T BUDGET
(a) 2011 Draft Budget as previously circulated.
The Treasurer circulated Staff Report F20l l-05 containing a list of reductions proposed by staff
to reduce the tax rate increase from l0%o to 2.3%. These proposed reductions were reviewed,
discussed and accepted with some exceptions.
(b) StaffReport F2011-05 regarding "Tax Sale".
File: F22-ll
The Administrator advised that an Engineer has investigated the Fabco building in Vienna and
determined it to be unsafe. Steps can be taken under the Building Code Act to have the building
demolished. The assessment will be reduced after the building is demolished. Reduced taxes will
still accrue. A minimum of two weeks notification will be given to parties having an interest in
the property prior to conducting the necessary works. The owner will have the opportunity to
appeal the order. It was suggested that materials from the building be salvaged. The successful
contractor will need to provide proof of liability and WSIB coverage.
Page I of3
Minutes of the budget meeting of Council held June 6, 2011.Page 5 of 297
Budget Meeting Minutes June 06, 201 I
20tt-26t
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Council direct staff not to Vest the property and to let the Tax Arrears
Certificated be deemed cancelled as of June l7,20ll;
AND TIIAT Staff be directed to take steps for demolition in accordance with the
Building Code Act."
CARRIED UNANIMOUSLY
(c) Harbourfront Committee - Additional Dredge Information
The revised dredging plan dated June 6 was circulated to members of Council.
The Administrator advised that the report, being presented by Glen Underwood on behalf of the
Harbourf¡ont Committee and circulated to Council only, contains figures that are to remain
confidential until RFP bids close, as the Municipality is a potential bidder for the Ojibwa
dredging project. He noted that consideration of the report does not meet the requirements
necessary to be discussed in closed session. The Harbourfront Committee will make a
recommendation to Council for submission of an RFP.
Mr. Underwood identified three options to complete the dredging of the harbour between July 1
and mid-September, to allow access by a shallow draft barge and the Ojibwa submarine. The
increase in the depth requirements from 8 feet to l0 feet requires an additional50% of material
to be dredged from the harbour than previously contemplated.
Option I is an IMS Model 5012 self-propelled suction tlpe dredge, transfer equipment including
all floating, flexible discharge piping and a booster pump;
Option 2 is a similar but larger IMS Model 7012 and same capacity booster and equipment;
Option 3 is an Ellicott "Dragon" Model Hydraulic Pipeline 370 dredge and same capacity
booster and equipment.
Dredged material moved per hour is:
Option I 84.8 cubic meters
Option 2 I2l cubic meters
Option 3 90.5 cubic meters (solids only)
Operating costs per hour are as follows:
Option I $228 per hour
Option 2 $270 per hour
Option 3 5322 perhour
The recommendation of the Harbourfront Committee is the purchase of the IMS Model 7012
plus the booster equipment and necessarypipes and fittings. Cost does not include a barge,
vessel or mobile crane.
Page2 of3
Minutes of the budget meeting of Council held June 6, 2011.Page 6 of 297
Budget Meeting Minutes June 06, 2011
(d) Staff Report PR2011-09 regarding "Potential Surplus Properties".
File: L04
The Report was circulated to Council by the Administrator.
He advised that many of these properties show un¡ealistic assessments and many are not being
maintained due to the nature of the lands and would provide a low impact on the budget. A
review of the properties and ultimately conveyance may be beneficial, however legal costs may
exceed the property values. The current firehall property may be included on the list of potential
sites once the new firehall is built and in service. To proceed with any conveyances, properties
would need to be declared surplus and appraisals may be necessary prior to sale.
It was agreed to defer the report and bring back at a later date.
The next budget meeting was scheduled for Thursday, June 9th at 7:00 p.m.
4. BY.LAW
(a) By-Law 2011-050 A By-Law to confimr all actions of Council
20tt-262
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT confirming By-Law 2011-050 be read a first, second and third time and
finally passed."
CARRIED IINANIMOUSLY
5. ADJOURNMENT
(a) Adjournment
20rt-263
Moved by Deputy Mayor M Taylor
Seconded by Councillor Vy' Casier
TTTHAT the Council meeting be adjourned at 10:45 p.m."
CARRIED UNANIMOUSLY
Y, \,, t
CLERKMAYOR
Page 3 of3
Minutes of the budget meeting of Council held June 6, 2011.Page 7 of 297
Page 8 of 297
BUDGET MEETING MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
June 16,2011
6:00 PM
The seventh 2011 budget meeting of the Council of the Municipality of Bayham was held on
Thursday, June 16, 2011 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor
Mark Taylor, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Administrator
Kyle Kruger, Clerk Lynda Millard and Treasurer Denis Duguay.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 6:00 p.m.
2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NÁ.TURE THEREOF
None.
3. 2O1l DRAFT BI]DGET
(a) Staff Report F20 I I -05 regarding "Budget Reductions 201l" .
File: F05.11
In regard to Edison Fest and fundraising efforts, the Administrator clarified that fundraising
expenditures are deducted from fundraising revenues with the balance being transferred to the
Edison Museum Building Reserve Fund, once the year end audit has been completed. He also
advised that the $2,000 transfer to the building reserve fund comes directly from the tax levy.
The Administrator also clarified that Canada Day expenditures are a line item in the budget and
are not to be considered with the festivals allocation. A portion of costs is reimbursed by a
federal grant through the Port Burwell Historical Society. The amount was increased to $1,404 as
requested by PBHS.
Councillor Southwick advised that the Museums Board had reduced their budget by $15,000 as
requested. Details are to be provided.
In the Business and Commerce allocation it was agreed that Beautification (hanging flower
baskets etc) remain at $3448.
Under Tourism and Marketing, Beach maintenance was reduced by 52,000 to $5,000; Wind
Interpretive Centre staffing was reduced by $3,500 to 512,764.
It was agreed that $4,600 maintenance remain in the Vienna Community Centre allocation.
The meeting was adjourned to hold the regular scheduled meeting of Council and reconvened
briefly following that meeting. No further action on the budget was taken.
Page I of2
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Budget Meeting Minutes June 16, 2011
20tt-267
Moved by deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 6:55 p.m. to reconvene later.rr
CARRIED I.JNANIMOUSLY
4. BY-LAW
(a) By-Law 20ll-054 A By-law to confirm all actions of Council
20Lt-268
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"TIIAT confirming By-Law 20ll-054 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
5. ADJOURNMENT
(a) Adjoumment
The next budget meeting was scheduled for Tuesda¡ June 21st at 7:00 p.m.
20tt-269
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
|TTIIAT the Council meeting be adjourned at 10:43 p.m."
CARRIED UNANIMOUSLY
MAYOR
Page2 of2
Minutes of the budget meeting of Council held June 16, 2011.Page 10 of 297
COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
June 16,2011
7:00 PM
The regularmeeting of the Council of the Municipality of Bayham was held on Thursday, June
16,20ll in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor,
Councillors Tom Southwick, Walme Casier and Ed Ketchabaw, Administrator Kyle Knrger and
Clerk Lynda Millard.
Planning Coordinator/ Deputy Clerk Margaret Underhill was in attendance to present her
reports.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECT'NIARY INTEREST & THE GENERAL NATURE
THEREOF
None.
3. APPROVA.L OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes ofthe special meeting of Council held May 3I, 2}ll.
20lt-270
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"TIIAT the minutes of the special meeting held May 3l,20ll be approved as
circulated.'f
CARRIED UNANIMOUSLY
(b) Minutes of the regular meeting of Council held June 2,2}ll.
20Il-27t
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
TTTHAT the minutes of the regular meeting held June 2r20ll be approved as
circulated."
CARRIED UNANIMOUSLY
(c) Minutes of the budget meeting of Council held June 6,20ll.
(d) Minutes of the budget meeting of Council held June 9,2OIl.
Page 1 of 12
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Council Minutes June 16, 2011
20rr-272
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
'TTHAT the minutes of the budget meeting held June 9,2011be approved as
circulated.rf
CARRIED UNANIMOUSLY
4. DELEGÄTIONS
(a) 7:05 p.m. - John Regan, General Manager and Rhonda Stewart, Executive Assistant
from the Elgin Business Resource Centre regarding "Updates from Elgin Business
Resource Centre and Exploring Opportunities with Elgin Business Resource Centre"
John Regan and Rhonda Stewart gave apower point presentation regarding the community
business support services provided by the Elgin Business Resource Centre in St. Thomas. The
mission statement is to provide business resources and to be a catalyst in strengthening our
communities. Core services include business counseling/training, funding support through access
to capital - lender, Sand Plains Development Fund, community economic development, self
employnent benefits program, summer company and business incubation. Previously known as
the Community Futures Development Corporation, the organization has been active in Elgin
since 1986. Statistics show that the business counseling success rate indicates that 7l% of
businesses benefiting from their services and started between 1998 and 2009 are still operating.
The organization provides access to capital business loans as a lender of last resort up to
$150,000. The Sand Plains community development fund provides loans up to $250,000 for not-
for-profit organizations through the Tillsonburg office. This program ends in March2}I2.
The Self Employment Benefits Program provides 42 weeks of Employment Insurance eligible
persons to establish their own businesses. Entrepreneurial and youth support programs are also
available. The organization is a member of all local Chambers of Commerce.
Mr. Regan encouraged Council members to get the word out to the community about the services
available and left promotional material for distribution to the public.
(b) 7:30 p.m. - Wanda Hoshal regarding isues of Estherville previously discussed at
Council along with other matters.
W'anda Hoshal provided a handout to Council regarding wording for a commemorative plaque
proposed for the Estherville Cemetery. She noted that the group was no longer contemplating
that the plaque be made of brass due to cost and potential for theft, rather suggested a new
material called avion which is available in London. No pricing was provided.
Ms. Hoshal commented that there was no cost to the Municipalþ for the retrieval and placement
of stones to Estherville as neither staff nor equipment were provided.
Page2 ofl2
Minutes of the regular meeting of Council held June 16, 2011.Page 12 of 297
Council Minutes June 16,2011
5. INF'ORMATION ITEMS
(a) AMO Breaking News dated Jtrne l,2Ol1 regarding "Bill 181 Passes Third Reading
Mandatory Reti¡ement atage 60 for Ontario's Salaried Firefighters".
File: A0l
(b) Long Point Region Conservation Authority Board of Di¡ectors minutes of meeting held
May 4,2011.
File: A16
(c) Edison Museum Building Committee minutes of meeting held May 30, 2011.
File: C06
(d) Bayham Historical Society minutes of meeting held May 12,2011.
File: C06
(e) Copy of Resolution dated May 3l,2Ol1 from City of London regarding "CBC decision
to shut down over the ai¡ television transmission to the London market"
File: C10
(Ð I¿ke Erie Region Source Protection Committee minutes of meeting held May 5,20L1.
File: E00
(g) Correspondence dated June 13, 2011 from Ross and Martha Andrews regarding "Waste
Collection Scheduling".
File: C13
Staffwas di¡ected to respond to the Andrews that there are currentþ no changes contemplated
for waste management services.
20tt-273
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT information items 5(a) through 5(g) be received for information.rr
CARRIED UNANIMOUSLY
6. PLANNING. DEVELOPMENT. RECR"EATION & TOURISM
(a) ShffReport D2}ll-22regarding "MacDonald Consents 854/lL &,E'55/L1".
File: DlO.ll MacDonald
20lt-274
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"TIIAT Council recommend to the Elgin County Land Division Committee the two
consent applications 854/11 & 855/11, submitted by John Robert MacDonald, be
granted with each application subject to the following conditions:
Page 3 of12
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Council Minutes June 16,2011
1. copy of the final survey be provided to the municipality
2.Letter of Undertaking providing for the consolidation of the severed parcel with
the adjacent property as per the application."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mopping not necessarily being correct.
CARRIED
(b) StaffReport D2OLI-23 regarding "Breedon Consents E56-58/11".
File: Dl0.1l Breedon
20tt-275
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications E56/11, submitted by Brian and Theresa Breedon, be granted
with each application subject to the following conditions:
1. the application is amended to reduce the severed parcel lot area to provide for a
22 metre wide access to the interior agricultural lands
2. copy of the final survey be provided to the municipality
3. $500 cash-in-lieu parkland dedication fee payable to the municipality
4. municipal lot assessments subject to municipal approval
5. grading plan for the entire lands subject to municipal approval
6. water quantity testing report subject to provincial standards
7. water quatity testing report for nitrates and bacteria content subject to
provincial standards
8. County of Elgin confirmation of permitted access to County Road 38
9. removal of pack barn
10. rezoning to remove the "holding" provision subject to Conditions 4-9 being
satisfied
11. civic numbering signage."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
20It-276
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications 857/11 and 858/11, submitted by Brian and Theresa Breedon,
be granted with each application subject to the following conditions:
1. copy of the final survey be provided to the municipality
2. $500 cash-in-lieu parkland dedication fee payable to the municipality
Page 4 of 12
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Council Minutes June 16, 2011
3. municipal lot assessments subject to municipal approval
4. grading plan for the entire lands subject to municipal approval
5. water quantity testing report subject to provincial standards
6. water quality testing report for nitrates and bacteria content subject to
provincial standards
7. county of Elgin confirmation of permitted access to County Road 38
8. rezoning to remove the "hosding" provision subject to Conditions 3-7 & 10
being satislied
9. civic numbering signage
10. removal of all buildings on E57l11 only."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(c) StaffReport D2Oll-24 regarding "Soreny Farrns Consent E4l/11".
File: D10.11 Soreny Farms
20tt-277
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee that
consent application B,4llll, submitted by Soreny Farms Limited, be amended and
resubmitted for consideration."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(d) StaffReport D2Oll-25 regarding "Soreny Farms Consents 842-45/11".
File: D10.11 Soreny Farms
20rt-278
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
íTHAT Council recommend to the Elgin County Land Division Committee that
consent applicationsB424Slll, submitted by Soreny Farms Limited, be granted
each subject to conditions:
1. Development Agreement with the municipality
2.water quantity testing report meeting the Provincial standards
3. water quality testing report for nitrates and bacteria content meeting the
Provincial standards
4. stormwater management plan with an engineered municipal drain connection
5. grading plan subject to municipal approval
6. final survey provided to the municipality
Page 5 of 12
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Council Minutes June 16, 2011
7. $500 cash-in-lieu ofparkland dedication
8. purchase of civic numbering signage
9. rezoning to remove the íholding" provision subject to conditions 1-5."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(e) StaffReport D2Oll-26 regarding "Szorenyi Consents E50-53/11".
File: D10.ll Szorenyi
20tt-279
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee the
following:
THAT consent application E50/11, submitted by Michele Szorenyi, be refused on
the basis that Registered Plan 205 "Donnelly Drive" street allowance cannot be
included in the consent;
AND THAT consent application 851i11, submitted by Michele Szorenyi, be granted
subject to conditions:
1. confirmation of lot dimensions showing Donnelly Drive street allowance is not
included and maintain the required minimum frontage of 20 metres
2. water quantity testing report meeting the Provincial standards
3. water quality testing report for nitrates and bacteria content meeting the
Provincial standards
4. stormwater management plan with an engineered municipal drain connection
5. grading plan subject to municipdl approval
6. Sewer Services permit
7. Road Access permit
8. final survey provided to the municipality
9. $500 cash-in-lieu of parkland dedication
10. purchase of civic numbering signage
11. rezoning to remove the "holding" provision subject to conditions 1-6
A¡ID THAT consent applications E52l11 and 853/11, submitted by Michele
Szorenyi, be granted each subject to conditions:
1. water quantity testing report meeting the Provincial standards
2. water quality testing report for nitrates and bacteria content meeting the
Provincial standards
3. stormwater management plan with an engineered municipal drain connection
4. grading plan subject to municipal approval
5. Sewer Services permit
6. Road Access permit
7. final survey provided to the municipality
Page 6 of 12
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8. $500 cash-in-lieu of parkland dedication
9. purchase of civic numbering signage
10. rezoning to remove the "holding" provision subject to conditions 1-6."
Deputy Mayor Toylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
7. ROADS. AGRICULTURE & DRAINAGE
(a) Event Road Closure Request Forrn from Port Burwell Historical Society regarding
"Canada Day Celebrations".
File: R06
20tt-280
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
TTTIIAT municipal streets in Port Burwell be used for a Canada Day Parade on July
l,20ll beginning at 11:00 a.m.;
THAT the municipality hereby requests permission from the County of Elgin to use
Wellington Street from Elizabeth Street west to Robinson Street;
AND THAT the Bayham Public Works Manager take the necessary precautions for
traffic control, safety and signage requirements."
CARRIED UNANIMOUSLY
(b) Event Road Closure Request Form from Straffordville Community Committee
regarding "Straffordville Watermelon Fest. "
File: R06
20tt-281
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
frTIIATCouncil grants permission to use municipal streets within Straffordville for
Watermelon Fest parade;
THAT Old Chapel Street south from Heritage Line to Plank Road be closed durÍng
the paradet
THAT Council requests permission from the County of Elgin to use Plank Road
from Third Street, south to Heritage Line and Heritage Line west to the Bayham
Community Centre on Saturday, August 27,2011between 9:30 and 11:00 a.m.
during the parade in Straffordville subject to the organizers:
o provÍding the municipality with proof of liability insurance to cover all events
including naming the municipality as an additional insured;
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Council Minutes June 16,2011
¡ obtaining the necessary approvals from the Ontario Provincial Police and the
Bayham Fire Chief (as per completion of the Municipal Road Close Notice and
parade route mapping);
THAT the Manager of Public Works be directed to make the necessary
arrangements for traffic control and safety;
AND THAT the clean up of the park area be the responsibility of the organizers."
CARRIED UNANIMOUSLY
8. PROPERTY. BUILDING & PROTECTIVE SERVICES
(a) Building Permit Re,port for month ending May 31, 2011.
File: P10
20lt-282
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"TIIAT Building Permit Report for month ending May 31, 2011 be received for
information.r'
CARRIED UNANIMOUSLY
(b) Correspondence dated June 7, 2011 from Outback Ca-Fing regarding "Request for
Noise By-Law Amendment".
File: POl
It was noted that the Bayham noise by-law is strictly prohibitive and that legal action is currently
in process regarding enforcement.
20tt-283
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT correspondence from Outback Camping regarding Request for Noise By-
Law Amendment be received.rr
CARRIED T]NANIMOUSLY
(c) Correspondence dated May 31, 2011 from Ontario Early Years Centre Elgin-
Middlesex-London regarding "Summer Park Program".
File: C13
20rt-284
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
Page 8 of 12
Minutes of the regular meeting of Council held June 16, 2011.Page 18 of 297
Council Minutes June 16,2011
I'THA.T Council supports the request for permission to use green space in the
Straffordville Community Park on Friday mornings from 9:30 - L1:30 a.m. for the
period July 8 - August 26,2011subject to proof of liability insurance coverage,
naming the Municipality of Bayham as an additional insured, in the minimum
amount of $2,000,000,000;
AND THAT the cleanup of the area be the responsibility of the users."
CARRIED UNANIMOUSLY
9. FINANCE. ADMINISTRÄTION & PERSONNEL
(a) Cheque Registerbeing Cheque #10546 to Cheque #10610 inclusive, totaling
$106,269.72 and Payroll Disbursements for the period ending I;tlf.ay 29,2011 totaling
s63,029.42.
20tI-285
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT Cheque Register being Cheque #10546 to Cheque #10610 inclusive, totaling
5106,269.72 and Payroll Disbursements for the period ending lùday 29,2011 totaling
563.'029.42 be approved. "
CARRIED UNANIMOUSLY
(b) SaffReport F2Oll-04 regarding "Council Remuneration & Expenses".
File: F03.03
20tt-286
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"TIIAT StaffReportE20ll-04 regarding Council Remuneration & Expenses be
received for information. f r
CARRIED UNANIMOUSLY
(c) Discussion regarding "Ongoing Policing Service Increases".
Councillor Southwick circulated a handout including a draft resolution in opposition to the 5%
increase to the OPP contact renewal costs as approved by the provincial govemment. Members
were requested to provide revised wording suggestions to staff. Further consideration is to be
given at the next meeting.
(d) Correspondence dated June 6, 2011 f¡om Paul Andriekus regarding"Harmony Acres
Line Race Track".
File: C13
20Lt-287
Page 9 of 12
Minutes of the regular meeting of Council held June 16, 2011.Page 19 of 297
Council Minutes June 16, 2011
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
''THAT correspondence from Paul Andriekus regarding Harmony Acres Line Race
Track be received;
AND TIIAT the letter be referred to staff and OPP for further report."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) StaffReport E2011-03 regarding "Water System Transfer Agreement - Secondary
System and Bayham".
File: E08
It was noted that this is a housekeeping matter to clariff ownership and represents no change to
current municipal operations. These sections of the waterline serve only the local area and should
have no impact on future grants.
20rr-288
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"TIIAT By-Law 2011-053, being a by-law to authorize an agreement with the Port
Burwell Area Secondary Water Supply System Joint Board of Management for the
transfer of Certain Assets be presented to Council for enactment.ft
CARRIED UNANMOUSLY
11. COMMITTEE OF'THE WHOLE
(a) In Camera.
20rt-289
Moved by DeputyMayor M Taylor
Seconded by Councillor W Casier
TTTHAT the Council do now rise to enter into an I'In Camera" Session of Committee
of the Whole ú9245 p.m. to discuss:
. a proposed or pending acquisition or disposition of land by the municipality or
local board;
o labour relations or employee negotiations."
CARRIED I]NANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held June 2,20II.
(c) Proposed or pending acquisition or disposition of land by the municipality or local
Page 10 of 12
Minutes of the regular meeting of Council held June 16, 2011.Page 20 of 297
Council Minutes June 16, 2011
board (Elgin Military Museum)
(d) Discussion regarding labour relations or employee negotiations. (CUPE Contract)
(e) out of camera.
20tt-290
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Committee of the Whole do now rise from the "In Camera" session at
10:35 p.m."
CARRIED UNANMOUSLY
12. BY-LAWS
(a) By-Law 2}lt-049 A By-law to authorize the renewal of an agreement (Norfolk
Disposal Services Limited)
O) By-Law 2011-051 A By-law to repeal By-Law No. 378 of the former Village of Port
Burwell, being a ByJaw to Prohibit the Discharge of Fi¡earms
(c) By-Law 2011-053 A By-law to authorize the execution of an agreement (Port
Burwell Area Secondary Water Supply System)
It was noted that By-law 2011-051 repeals the prohibition of the discharge of firearms in Port
Burwell.
20tt-29t
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT By-Laws 2011449,2011-051 and 2011-053 be read a first, second and third
time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 2011-055 A By-Law to confirm all actions of Council
20tt-292
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"TIIAT confirming By-Law 2011-055 be read a firsÇ second and third time and
finally passed."
CARRIED UNANIMOUSLY
Page 1l of 1,2
Minutes of the regular meeting of Council held June 16, 2011.Page 21 of 297
Council Minutes June 16,2011
13. ADJOURNMENT
(a) Adjounrment
20tt-293
Moved byDeputyMayor M Taylor
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 10:40 p.m."
CARRIED I'NANIMOUSLY
MAYOR
Page 12 ofl2
Minutes of the regular meeting of Council held June 16, 2011.Page 22 of 297
BUDGET MEETING MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM
9344 Ptank Road, Straffordville
Tuesday, June 21,2011
7:00 PM
The eighth 2011 budget meeting of the Council of the Municipalþ of Bayham was held on
Tuesda¡ June 21, 20ll lnthe Council Chambers. Present were Mayor Paul Ens, Deputy Mayor
Mark Taylor, Councillors Tom Southwick, Wa1'ne Casier and Ed Ketchabaw, Aclministrator
Kyle Kruger, Clerk Llarda Millard and Treasurer Denis Duguay.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DECLARATION OF PECTJNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
3. 2Ol1DRAF'T BUDGET
(a) StaffReport F2011-05 regarding "Budget Reductions 20Il'. þreviously circulated)
File: F05.11
A revised budget dated June 21,2011 was circulated to Council.
The Administator advised of revision allocations made as follows: Building services wages and
benefits reduced by $5,000; Richmond Water System transfer to reserves of $5,032 to balance
revenues and expenditures; Museums wages and benefits reduced by $15,000 to $31, 399 and
$3,040 respectively; Port Burwell Fire Station long term debt at $689,800 pending final design;
Richmond Water System $255,000 to reflect OSV/AP funding; transfer of $17,900 from
economic development signs to east pier repairs; and the removal of harbour dredging costs.
Staffresponded to Council questions and comments. It was agteed to transfer $5,000 to a reserve
for a sound system in Council Chambers. $7,000 was added to Council professional services in
regard to the Boundaries Act for a total of $15,000, to be raised through the tax levy rather than
the operations stabilization reserve.
A public notice of intent to adopt the budget at the regular meeting being held July 7th is to be
placed in the local newspapers and posted on the web site.
20tt-294
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
'TTHAT the budget dated June 21,2011 be adopted as amended."
CARRIED UNANIMOUSLY
Page 1 of2
Minutes of the budget meeting of Council held June 21, 2011.Page 23 of 297
Budget Meeting Minutes Jvne2l,20ll
20tt-295
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
I'THAT Council support the festivals as follows:
Edison Fest $1333.33
Tub Daze $1333.33
WatermelonFest $1333.33."
CARRIED T]NANIMOUSLY
20tt-296
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT 5167.67 be added to each of the festivals from the Municipal Assistance
Program.tt
CARRIED UNANIMOUSLY
4. BY-LAW
(a) ByJaw 20ll-056 A By-law to confirm all actions of Council
20tt-297
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"TIIAT confirming By-law 2011-056 be read a firsÇ second and third time and
finally passed.r'
CARRIED I'NANIMOUSLY
5. A.DJOURNMENT
(a) Adjournment
20tL-298
Moved by Councillor W Casier
Seconded by Councillor E Ketchab
"TIIAT the Council meeting be adjourned at 8:00 p.m."
CARRIED UNANIMOUSLY
MAYOR
Page2 of2
Minutes of the budget meeting of Council held June 21, 2011.Page 24 of 297
COUNCIL SPECIAL MEETING MINUTES
THE CORPORATION OF'THE MUNICIPALITY OF BAYIIAM
9344 Plank Road, Straffordville
\ilednesday, June 29, 20ll
7:00 PM
Council Chambers
The special meeting of Council of the Municipality of Bayham was held on Wednesday hne 29,
2011 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor,
Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Administrator Kyle Knrger and
Clerk Lymda Millard.
Glen Underwood and Brenda Martin, representing the Harbourfront Committee, were also
present.
1. CA.LL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECTINIARY INTEREST & THE GENERAL NATURE
THEREOF'
None.
3. ADMINISTRATION
(a) Consideration of RFP to be presented by Harbourfront Committee.
Mayor Paul Ens noted that due to discussion that may include proposed figures for a
Request for Proposal (RFP) for dredging to accommodate the Ojibwa Project, it may be
necessary for Council to move in and out of closed session.
Glen Underwood advised that he had met with a contact with 15 years of experience
working on a dredge similar to the one the Harbourfront Committee proposed for
purchase by the Municipality. He requested an additional two days to provide details
and financial input prior to submission of an RFP by the Municipality.
Council was advised that the RFP deadline has been extended to Friday, July 8th. This
would delay a start time to at least mid-July.
It was noted that, although responses had been received from the Ministry of Natural
Resources and the Long Point Region Conservation Authority, approval from the
Department of Fisheries and Oceans has still not been received.
Various details of the requirements of the RFP were discussed. Concerns were raised
regarding the extent of financial risks involved and the ability of the Municipalityto
meet the criteria.
It was suggested that information gathered through the RFP process would be heþfuI
for future dredging efforts.
Page I of2
Minutes of the special meeting of Council held June 29, 2011.Page 25 of 297
Council Budget Meeting Minutes Ivne29,20ll
It was agreed that the Municipality decline to make an RFP submission for the dredging
project.
4. BY.LAW
(a) By-Law 20ll-062 A By-Law to confirm all actions of Council
20tt-299
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
'|THAT confirming By-Law 20ll-062 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
5. ADJOURNMENT
(a) Adjoumment
201 l-300
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 7:53 p.m."
CARRIED UNANIMOUSLY
MAYOR
Page2 of2
Minutes of the special meeting of Council held June 29, 2011.Page 26 of 297
5
dlo
The Corporation of
THE TOWNSHIP OF CARLING
R.R. #I, Nobel, Ontario POc lcO
E-matl: admin@carlingtownship. ca
Phone: (705) 342-5856 . Fax: (705) 342-9527
June 20, 2011
ïownship of North Stormont
Ms. Karen McPherson
MunicipalClerk
15 Union St. PO Box g9
Berwick, ON
Koc 1c0
Dear Ms.McPherson,
suBJEcr: TOWNSHIP oF NORTH sroRMoNT-wtLDFtREs tN SLAVE LAKE,
ALBERTA
At a Regular meeting of the Council for the Township of Carling held on June 13, 201 1 , the
Councíl carfied the following resolution:
1l-078 Moved by CouncÍllor Larson
Seconded by Councillor Murphy
NO\ry THEREFORE BE IT RESOLVED THAT Council of the Township of Carling
support the position of the Township of North Stormont and authorize a donation oi
$100.00 to the Town of Slave Lake to help compensate them in their recent fire;
AND FURTHER THAT the resolution be forwarded to all Ontario municipalities and
that they be asked to match this donation.
Carried.
Yours truly,
Æ
Stephen P.6egî à
Chlef Adm inistrative OfficeriClerk
cc. AllOntarioMunicipafities
SPK:bs
Copy of resolution from the Township of Carling passed June 13,
2011 regarding "Donation to the Town of Slave Lake".
Page 27 of 297
Page 28 of 297
If this ema¡l does not display properly, please view our El!@iq.
Changes to Livestock Damage Program effective July l, 201I Page I of2
July 1,2011
Legislative Express
ln this lssue;
Livestock Damage Program - Significant Changes Effective July 1,20'11
Overview:
Members were advised in the June 9th Legislative Express that AMCTO has been working with OMAFRA to finalize
the modernization of the Livestock Damage Program. On June 30th, OMAFRA released details of the Ontario
\Mldlife Damaqe Compensation Prooram English oress release; French oress release which in turn provides a link
to important explanatory materials, guides and forms.
AMCTO is pleased that the approach reflects our earlier suggestions to expand the list of both eligible livestock
species and eligible wildlife species and to update the maximum values of compensation. Special thanks to
Michele Kennedy, CMO, Town Clerk, Town of Writchurch-Stouffuille and Sue Dawe, CMO, Clerk and Director of
Corporate Services, Municipality of Port Hope for their tireless efforts over several years on behalf of AMCTO
members to encourage modernization of this program.
Sue Dawe continues to represent AMCTO at an OMAFRA established permanent working group whose early tasks
included advising on the program as well as assessing how best to address any training needs of Valuers. This
training will begin to roll out over the summer. Watch for details from OMAFRA.
Note that livestock and poultry injured or killed by dogs will be covered not by this regulation but by the new
Protection of Livestock and Poultrv from Dogs Act effective July 1 , 2011. A new minister's regulation prescribes the
maximum compensation values for livestock killed or injured by dogs under the Protection of Livestock and Poultrv
From Doqs Act for each livestock species named under the Act. The methodology used to establish maximum
compensation values for this new regulation was also developed through the working group. The new Act and these
regulations means the repeal of the Livestock, Poultrv and Honev Bee Protection Act.
lmplications for Members:
Members might anticipate more claims under this program not only because the list of eligible livestock has
been expanded to include non traditional livestock, (e.9., llamas, bison) and predators not previously
included (e.9., weasels, cougars, birds of prey) but because compensation levels have increased
significantly. After more than 20 years of no change, compensation rates for some livestock are increasing
five fold. And, importantly, compensation levels are to be reviewed at least every five years to avoid these
dramatic shifts in the future.
Municipalities will be compensated thirty dollars ($30.00) for the expenses the municipality incurred for
its Valuer and other administrative costs and for the payment made to the livestock owner. To be eligible for
payment, the municipality must apply for its costs using a Ministry-approved form and follow the process set
out in a Program Guideline .
Councils should be advised that recovering the municipal administrative fee from the livestock owner will
be prohibited.
The basic process of handling claims will be similar, but timelines, types of evidence and appeal
processes have been clarified: 48 hours for producer to notify Valuer of loss or damage, 3 days for Valuer
to investigate, 10 days for Valuer to report; such evidence, including the taking of photographs and/or video,
that is reasonably necessary; producer and municipality may each appeal Value/s decision within 20 days.
Aot
http : I I amcto. informz. n etJ amcto I archive s/arch iv e I 6 I 4 403 . html 7l4l20rr
Correspondence dated July 4, 2011 from AMCTO regarding
"Livestock Damage Protection - Significant Changes Effective July
Page 29 of 297
2680 Skymark Àvenue Sutte # 910, lvlissiËsauga ON M4W-5L6
Phgne - 905-602-4294 | Fax - 905-602-4295
Send to a frieRd I U.iìsubscr¡be
Fouæred Bv.i..lnfor
Correspondence dated July 4, 2011 from AMCTO regarding
"Livestock Damage Protection - Significant Changes Effective July
Page 30 of 297
S
MINUTES
Bayham Community Centres Committee C D 6
Commitfee Room
9344 Plank Road, Straffordville, ON
Thursday June 30, 2011 FF
7:30 p.m.
Present: Councillors Wayne Casier and Ed Ketchabaw, Straffordville Lions Club representative
Roy Stewart, Vienna Lions Club representative William Gheysen, Community Member atLarge
Lynn Prues, Bayham Community Centre Manager Jackie Declerq and Secretary Lynda Millard.
Absent: Community Member atLarge Diane Squires and Vienna Community Centre Manager
Jackie Ringland (Bootle).
1. Call to Order Chairman Casier called the meeting to order at 7:35 p.m.
2, Disclosure of Pecuniary Interest and the General Nature Thereof None
3. Minutes of the meeting held March23,20ll
Moved by V/m Gheysen
Seconded by Ed Ketchabaw
"That the minutes of the meeting held March23rz0ll be approved as circulated."
Carried
4. Business from Minutes
Mike'Wells hopes to get into the Bayham hall soon to complete the painting along the
front wall.
The duct enclosure has been completed by Ed Matthews, additional insulation was put in.
The service men have not been able to fix the new dishwasher and the company is to
replace it.
Staff have been unable to reach Edward Jones of All Canadian Services Corps regarding
the clothing bins.
The Park gates at SCC have been fixed.
Roy Stewart recovered the podium.
The Engineer's draft report regarding Fire Code issues was just submitted and is to be
circulated to members by email.
5. Reports & Correspondence
(a) Managers 2011 Rental Reports (i) Vienna -Not available
(ii) Shaffordville - received
(b) 2011 Operating Budget Actuals to June 23lll- received
Bayham Community Centres Committee draft minutes of meeting
held June 30, 2011.
Page 31 of 297
(c) Special Occasion Permits & Extended Hours
Moved by R Stewart
Seconded by L Prues
'That the current hours for special events, including those under a Special
Occasions Permit at both halls remain the same being bar closes and
music/entertainment cease at 1:00 a.m., tables are cleared by 1:30 a.m. and all
persons are out of the building by 2:00 a.m." Carried
(d) Draft 5 year capital project 20ll -2015
Staff was directed to order ten new tables for the Bayham Community Centre once
Council has passed the budget.
(e) Removal of unused & broken wooden chairs BCC in basement & VCC in Electrical room
Jackie D is to get the ten or so chairs welded by \Mill Arlo or Weber's; the rest have been
fixed.
Bill Gheysen is to ¿urange for the Vienna Lions to move the old chairs that are still good
from the electrical room to the food booth at the Vienna Memorial Park. Broken ones are
to be discarded.
6. Other Business
Jackie D. noted that the $175 refund to the Straffordville Community Committee for the
talent show fee waiver for 2010 is still outstanding. Lynda will confirm the amounts and
have the balance refunded less the 20l l $100 fee.
Jackie D. advised that weather stripping around the doors needs to be replaced with
heavier material. She is to make a list of odd jobs that need doing and Lynda will arrange
with Ed Matthews to complete.
Jackie Ringland is to be asked to provide a list of additional small jobs that need to be
done at Vienna.
Bill noted that one of the oven racks is missing. Lynda will order a ne\ry one.
Lynda advised that she is meeting with a contractor to complete laying the tile under the
dishwasher area once it has been completed.
7. Concerns from Committee Members and/or Managers None
8. Committee of the \ilhole Closed Session (only if needed)
Bayham Community Centres Committee draft minutes of meeting
held June 30, 2011.
Page 32 of 297
Bayham Community Centres Committee draft minutes of meeting
held June 30, 2011.
Page 33 of 297
Page 34 of 297
5
(o6
Bayham Harbourfront Gommittee
MINUTES
Held at Municipal Office, 9344Plank Road, Straffordville, Ont.
May 18,2011
7:00 pm
Present: Brenda Martin-Chair, Ron Flick, Barry Wade, Doug Lester, CraigGregson,
Lynn Acre, Ed Bradfield, Kyle Kruger, Glen Underwood, Earl Shea, Ron Bradfield, Tom
Southwick, and guests Noel & Seda Hayes of Kingfisher's Cottages. (Mayor Paul Ens
anived at 8:15 pm).
Regrets: Ray Talbot
1. Call to Order:
The Chairman called the meeting to order at 7:05 pm.
2. Disclosure of Pecuniary Interest
None
Approval of the Minutes
It was moved bv Lvnn Acre and seconded by Craig Gregson that the minutes
Dredging:
DREDGE UPDATE: K.Kruger reported that confirmation has been received
from the engineers that l0 feet of depth is required in the harbour, with a 60-
foot width, sloped sides. Some small scrub trees need to be removed plus all
of the soil beneath those trees. This extra will require additional approvals
from LPRCA. Brian Riggr is helping with the permits. MOE appears to be
OK with in-water disposal, but still requiring more information. B.Riggs has
completed more outer harbour soundings and has determined optional
disposal sites for the dredgeate. Documents from Riggs regarding soundings
have gone to ministry May 13 for approval. Bayham expects to receive
approval midllate June. May 30 the RFP for dredging harbour this year will go
out. Only l0 weeks of opportunity to dredge. (July I - mid Sept.)
A discussion followed regarding the addition of a booster pump to the IMS
dredge to double its productivity, and make it a feasible alternative to hiring
an outside contractor. It was suggested that the booster could be leased for one
year to allow for the large amount of dredgeate removal. K.Kruger advised
that Bayham could bid on its own RFP if this option proves to be feasible.
G.Underwood agreed to compile a cost estimate for the purchase/lease of a
booster pump. The lease agreement between the Elgin Military Museum and
the Municipality should be finalized very soon.
3.
4.
Bayham Harbourfront Committee minutes of meeting held May
18, 2011.
Page 35 of 297
Chaþerson
-2-
5. Grants Workgroup Update: No report.
6. Other Business:
NauyBlues Updøte; Lynn Acre reported that attendance was low at Navy
Blues Fest due to the rainy weather in the sunounding area. However the
event was wellrun, well attended by locals and enjoyed by all.
Membershíp:Douglester sent his letter of resignation from the committee. It
was moved by L.Acre and seconded by T.South\Mick that we accept. with
much regret. the resignation of Doug Lester. Motion Carried. The chairman
advised that she presented D.Lester with a gift and extended appreciation for
his participation in the committee.
7. Adjournment & Next Meeting Date: It was moved by Ron Bradfield and
Tuesdav June 7. 2011 at 7:00 pm at the Municipal offrce. Motion Carried'
Secretary
Bayham Harbourfront Committee minutes of meeting held May
18, 2011.
Page 36 of 297
DRINKIN¿ LVÂ-rtrrl
CE
L_)
EÒò
LAKE ERIE REGION SOURCE PROTECTION COMMITTEE
MEET¡NG MINUTES
Thursday, June 2,2011
The following are the minutes of the Lake Erie Region Source Protection Committee meeting
held on Thursday, June 2, 2011 at the Grand River Conseryation Authority Administration
Office,400 Clyde Road, Cambridge, ON.
Members Present: C. Ashbaugh, Ghair; H. Comwell, R. Haggart, J. Harrison, A. Henry,
C. King, R. Krueger, l. Macdonald, J. Oliver, D. Parker, L. Penin,
R. Seibel, M. Wales, W. Wright-Cascaden
Members Regrets: M. Ceschi-Smith, P. General, M. Goldberg, K. Hunsberger, J. Laird,
G. Montour, D. Murray, T. Schmidt, B. Ungar, P. Wilson,
D. Woolcott
Proxy Representatives: *P. Busatto (J. Laird), S. Kongara (M. Geschi-Smith), L Macdonald
(8. Ungar), L. Perrin (D. Murray), W. Wright-Cascaden (M. Goldberg
& D. Woolcott), N. Kodousek (T. Schmidt & P. Wilson)
Liaisons:L. Ross, Provincial Liaison; J. Farwell, SPA Liaison
Region Management C. Evanitski, LPRCA; C. Munay, KCCA; R. Sackrider, LPRCA;
Committee: K. Smale, CCCA; E. VanHooren, KCCA
S. Brocklebank, GRCA; S. Cooke, GRCA; N. Davy, GRCA;
J. Etienne, GRCA; L. Heyming, GRCA; E. Hodgins, Region of
Waterloo; C. Jacques, LPRCA; M. Keller, GRCA; L. Lobe, Region of
Waterloo; T. Ryan, GRCA; D. Schultz, GRCA; T. Seguin, GRCA;
E. Stahl, GRCA; H. Waite, County of Oxford; A. Wong, GRCA;
G. Zwiers, GRCA
1. Gallto Order
C. Ashbaugh called the meeting to order at 1:05 p.m.
2. Roll Call and Gertification of Quorum - 17 Members Constitute a Quorum
(213 of members)
The Recording Secretary called the rolland certified quorum.
3. Chairman's Remarks
C. Ashbaugh welcomed members, staff and guests and noted that the public meetings for
the notice of plan commencement have been going well. He thanked municipal and
conservation authority staff and source protection committee members attending the
meetings for their support and dedication.
Lake Erie Region Source Protection Committee minutes of
meeting held June 2, 2011.
Page 37 of 297
Minutes of Meeting
Lake Erie Region Source Protection Committee
June2,2011 Page2
4. Review of Agenda
Movedby: A.Hen
Seconded by: R. Krueger carried unanimously
THAT the agenda for the Lake Erie Region Source Protection Committee
Meeting of June 2, 2011 be approved as distributed.
5. Declarations of Pecuniary Interest
There were no declarations of pecuniary interest made in relation to the matters to be dealt
with.
6. Minutes of Previous Meeting - May 5,2011
Moved by: D. Parker
Seconded by: L. Perrin carried unanimously
THAT the minutes of the previous meeting May 5, 2011 be approved as
distributed.
7. Hearing of Delegations
None
8. Presentations
None
9. Correspondence
a) Copies for Members
None
b) Not Copied
None
10. Reports
a) SPG-Il-06-01 Draft Updated Kettle Creek Source Protection Area Assessment
Report Public Comments
S. Brocklebank provided an overview of Report SPC-11-06-01.
R. Haggart asked how individuals who provided comments on the assessment report will
be notified how their comments were taken into consideration. S. Brocklebank advised
that the comments and the response to the comments are included in Appendix A of the
Lake Erie Region Source Protection Committee minutes of
meeting held June 2, 2011.
Page 38 of 297
Minutes of Meeting
Lake Erie Region Source Protection Committee
June 2,2011
Res. Â/o. 38-11 Moved by: A. Henry
Seconded by: J. Oliver
Page 3
assessment report, which will be posted on www.sourcewater.ca. L. Penin asked if there
could be some type of generic notification sent to those who commented which states
that the committee received the comments and that the responses to the comments are
in Appendix A of the assessment report. He expressed concern that a lack of response
could be perceived as the comments having fallen on deaf ears.
C. Ashbaugh asked how many responses would have to be sent out if staff were to
respond to the comments. M. Keller identified that there are not a substantial number of
comments; staff were following the process as it was done last year. The assessment
report is posted online, and the public can look at the next posted version to see if or how
their comments were addressed. He further noted that the agendas, reports and minutes
are public information and are also posted online, although this approach does require
that those who commented follow up on their own initiative. A. Henry suggested that even
if only a form letter, it would be beneficial to send a letter acknowledging receipt and
advising how those who commented how they can follow up.
S. Kongara advised that if there were comments that cannot be addressed by the
assessment report pertaining to the Brantford water supply, City of Brantford staff would
like to know. Although the comments may not fit the criteria for an amendment to the
assessment report, and the comments may not be addressed through this process, the
municipality may be able to contact that person and discuss possible altemate methods
of addressing their concerns.
W. Wright-Cascaden suggested that, in future, the public can be advised how their
comments will be addressed both in the public consultation posting and at the public
consultation meetings.
carried unanimously
THAT the Proposed lJpdated Kettle Creek Source Protection Area
Assessment Report be submitted to the Keftle Creek Source Protection
Authority, as required under section 19 of the Clean Water Act.
b) SPC-ll-06-02 Draft Amended Long Point Region Source Protection Area
Assessment Report Public Comments
S. Brocklebank provided an overview of Report SPC-11-06-02.
J. Oliver asked why the Ministry of the Environment is providing additional comments so
late in the process. S. Brocklebank responded that when the Long Point Region
Assessment Report was approved on April 29, the Ministry of the Environment provided
additional comments with their approval as they had previously done with the Catfish
Creek and Kettle Creek assessment reports. L. Ross added that the Ministry's approach
is to send the approval letter, and in a separate attachment include additional steps the
Ministry of the Environment would like to see for the assessment report. The proposed
changes are not required to meet the regulations and do not alter the report significantly,
but they are changes the Ministry of the Environment would like made to the report.
Lake Erie Region Source Protection Committee minutes of
meeting held June 2, 2011.
Page 39 of 297
Minutes of Meeting
Lake Erie Region Source Protection Committee
June 2,20'11
Res. /Vo. 39-11 Moved by: J. Oliver
Seconded by: L. Perrin
Res.IVo. 40-11 Moved by: l. Macdonald
Seconded by: M. Wales
Page 4
R. Haggart summarized that there are no major changes for the report as a result of the
Ministry's comments. L. Ross replied affirmatively adding that if major amendments were
required, there would have been a Directors' letter indicating the changes required and
requesting that, once the changes were made that the report be re-submitted.
L. Ross added that the Approved Long Point Region Source Protection Area Assessment
Report has been posted on the EBR.
carried unanímously
THAT the Lake Erie Region Source Protection Committee direct staff to
make the recommended changes to the Draft Updated Long Point Region
Source Protection Area Assessmenf Report in response to comments
received during the consultation period.
c) SPG-11-06-03 Draft Amended Grand River Source Protection Area Assessment
Report Public Gomments
M. Keller provided an overview of Report SPC-11-06-03 and noted that, since the report
was written, it has been confìrmed that the Chiefswood property is below the intake
protection zone for Ohsweken. As such, concerns identified in a comment received
cannot be addressed in the assessment report. Further, it has been identified that the
property noted is on reserve, so the provincial source protection planning process is not
able to address this comment. As a result, there are no changes required to the
assessment report.
R. Seibel pointed out that the summary of comment G identifìes the extraction as below
the water table when in fact the full comment identifies the extraction as above water
table. He also asked if there were handouts for comments A-C. S. Brocklebank identified
that comments A-C were handwritten comments from the public open houses.
carried unanímously
THAT the Lake Erie Region Source Protection Committee direct staff to
make the recommended changes to the Amended Grand River Source
Protection Area Asses sment Report.
J. Oliver asked how the indefinite delay of the submission of the Grand River Source
Protection Area Assessment Report will affect the committee's ability to comply with the
legislated timelines. M. Keller responded that he does not think it will affect compliance
because everything required to develop the policies is cunently available. lt is his hope
that the Ministry's review will not result in a lot of new amendments. lt is likely the
Amended Assessment Report will be submitted in July or August, depending on the
extent of the comments received from the Ministry.
Lake Erie Region Source Protection Committee minutes of
meeting held June 2, 2011.
Page 40 of 297
Minutes of Meeting
Lake Erie Region Source Protection Committee
June 2,2011
d) SPC-If -06-04 Livestock Grazing/Pasturing Discussion Paper
Page 5
H. Waite provided an overview of SPC-11-06-04 and the Livestock Grazing/Pasturing
Discussion Paper.
D. Parker commented that the discussion paper appears to have omitted dead stock
control. M. Keller responded that the livestock grazing/pasturing discussion paper would
not be the appropriate place to consider dead stock, and suggested that it would be better
placed under waste. He added, however, that he does not believe dead stock is being
considered under waste either, and suggested that this is more an omission of the
regulation rather than the discussion papers. L. Ross added that dead stock is exempt
from Source Protection Planning because there are other regulations in which it is
addressed.
J. Olíver pointed out that he thought it was agreed at a previous meeting that there would
be merit in the project team providing some sort of ranking of the policy options. M. Keller
responded that this recommendation was taken back to the project team, and the project
team expressed concern that a robust evaluation system and criteria would be required to
rank the policy options; otherwise the ranking would be a subjective exercise. The project
team was also concerned that ranking the policy options may impact the municipalities'
flexibility when selecting policy options. As a compromise, they are using wording like
'most promising' and 'most useful' in the discussion papers. W. Wright-Cascaden added
that the project team tried to include some sample policies that they thought were the
most realistic for the broadest range of municipalities. She noted that there are still
choices within those examples, but the examples provide a starting point. Because of the
wide range of resources of the municipalities it would have been too prescriptive to have
adopted a 'good, better, best" ranking of the policy options.
R. Haggart asked how the discussion papers are being released to municipalities, noting
that he has a number of organizations that are interested in reviewing the discussion
papers once released. M. Keller responded that the discussion papers are being released
to municipalities via e-mail, through the municipal water services and planning directors
group. He added that it is also posted on the website as part of the agenda.
N. Kodousek asked if there will be a recommendation to implement common programs if
there are synergies between various municipalities and if some recommendations could
be directed towards the Ministry. She noted that although some programs already exíst,
any new programs would require funding, and funding will affect how municipalities do
their policy evaluations. M. Keller replied that, although proposed policies can be directed
to the province, in many æses they can only be recommendations. Whereas, policies
directed towards the municipalities are a requirement for the most part. The cost will be,
in many cases, the deciding factor. There are no commitments from the province with
respect to future funding, although that is something this region can advocate. L. Ross
pointed out that there is funding available under the Ontario Drinking Water Stewardship
Program until 2012 but beyond that, there has been no formal commitment. She noted
however, the Source Protection Programs branch is currently investigating possible
funding models for implementation and the chairs and project managers will be involved
in that discussion.
Lake Erie Region Source Protection Committee minutes of
meeting held June 2, 2011.
Page 41 of 297
Minutes of Meeting
Lake Erie Region Source Protection Committee
June2,2011
Res. lVo. 41-11 Moved by: A. Henry
Seconded by: L. Perrin
Page 6
R. Krueger suggested charging a nominal fee for access to the discussion paper; the
money from the fee would then be redirected to an implementation fund. He noted that
industry does this by charging a fee for white papers.
D. Parker noted a gpographical error on the first page, third paragraph which says
"handling and storage of fuel".
D. Parker requested that the paper be amended to include dead stock as a threat noting
that he would prefer to include it and be told to take it out than not include it. M. Keller
responded that he could discuss with the Ministry of the Environment how dead stock can
be included in the procÆss and can report back. L. Ross noted that, although the
legislation regarding what can be included in the plan is fairly restrictive, she can also
verify how dead stock fits into the process. One of the objectives is that the policy must
be a threat policy. She reminded members that the committee can, however, express
their opinions outside of the plan. W. Wright-Cascaden suggested that she would prefer
that M. Keller follow up with options for including dead stock rather than including it in this
discussion paper right now.
M. Wales pointed out that the wording in the legislation that does address dead stock was
recently updated. The wording is very specific regarding what can and cannot be done
with respect to composting and burial in relation to water and the water table. He
conceded, however, that there is still the issue with the regulation being ignored, noting
that this is still worthwhile to investigate through the Clean Water Act.
R. Seibel suggested that the committee could ask the province for approval to consider
the burying of dead stock as a local threat in a future assessment report. L. Ross
suggested that she will also investigate whether it can be included if there is an issue
related to that activity.
carried unanimously
THAT the Lake Erie Region Source Protection Committee release the
Livestock Grazing and Pasturing Land Drscussion Paper to municipalities
for source protection planning purposes.
e) SPG-Il-06-05 Outdoor Gonfinement Discussion Paper
H. Waite provided an overview of Report SPC-11-06-05 and the Outdoor Confinement
Discussion Paper.
A. Henry noted that the discussion paper focuses on pathogenic threats and asked how
quantity threats will be taken into consideration. He noted that watering large herds of
animals can take considerable quantities of water. M. Keller responded that a permit to
take water would be required in this instance and that this water taking would be
evaluated where there is a Tier 3 water budget. J. Etienne clarified that it is difficult to
take livestock operations into consideration for a water quantity assessment, because
they do not require permits to take water.
Lake Erie Region Source Protection Committee minutes of
meeting held June 2, 2011.
Page 42 of 297
Minutes of Meeting
Lake Erie Region Source Protection Committee
June 2,2011 Page 7
A. Henry asked if future operations could be considered through official plans, zoning,
bylaws, or permits, noting that any well over 50,000 litres per day requires a permit from
the Ministry of the Environment. L. Ross responded that there are exemptions; she would
need to reference the Ontario Water Resources Act to confirm, but believes providing
water to animals is exempt. A. Henry noted there are some legislative changes
forthcoming regarding the Great Lakes and asked if inclusion of watering animals in the
permit to take water process would be one of the modifications. M. Wales noted that he
would suggest that the farm community would be opposed this type of amendment to the
Great Lakes Annex agreement. He further stated that amending this agreement will be a
very slow process.
D. Parker noted a Çpographical error on page 6 pertaining to the storage and handling of
fuel. Referring to minimum distance set-backs, he stated that he believes that set-backs
must be reciprocal. He also reiterated that he feels dead stock should be included.
L. Ross stated that, as she mentioned at the last meeting, policy in the source protection
plan can only address prescribed or local threats; the establishment of a well or home is
not a prescribed threat. She stated that it is a valid point, but in terms of the committee
having the authority regarding the locating of a well, it is not within the scope of the
sourcè protection committee. W. Wright-Cascaden pointed out that locating a well would
be addressed through the environmental assessment process.
Res. À/o. 42-11 Moved by: D. Parker
Seconded by: L. Penin carried unanimously
THAT the Lake Erie Region Source Protection Committee release the
Outdoor Confinement Area and Farm Animal Yard Discussion Paper to
municipalities for source protection planning purposes.
* The committee took a break at 2:45 and reconvened at 2:53.
0 SPC-Il-06-06 Storage and Handling of Fuels Discussion Paper
L. Lobe provided an overview of Report SPC-11-06-06 and the Storage and Handling of
Fuels Discussion Paper.
L. Ross noted that on page 5, under gaps, it states that the Environmental Protection Act
(EPA) does not require a mechanism to notify a municipality. She stated that, under Part
10 of the EPA, there is an obligation to notify a number of parties, including municipalities.
She pointed out that there are exemptions, and she can provide those for inclusion.
A. Henry asked if the example of the Risk Management Plan should state provision and
approval. M. Keller replied affirmatively. W. Wright Cascaden pointed out that Risk
Management Plans are only negotiated between the risk management official and the
property owrìer; it would not be a complete risk management plan unless both parties
approved and signed the agreement.
Lake Erie Region Source Protection Committee minutes of
meeting held June 2, 2011.
Page 43 of 297
Minutes of Meeting
Lake Erie Region Source Protection Committee
June 2,2011
Res. IVo. 43-11 Moved by: L Macdonald
Seconded by: M. Wales
Page 8
carried unanimously
THAT the Lake Erie Region Source Protection Committee release the
Handting and Storage of Fuel Drscussion Paper to municipalities for
source protection planning purposes.
g) SPG-Il-06-07 Storage and Handling of Organic Solvents Discussion Paper
L. Lobe provided an overview of Report SPC-11-06-07 and the Storage and Handling of
Organic Solvents Discussion Paper.
L. Ross refened to the example policy tool for specify action and pointed out that there is
a requirement to comply with an action only as long as it is a signifìcant threat. lt would
not have that legal effect in areas that do not have a significant threat.
Res. Â/o. /U-11 Movedby: A.Henry
Seconded by: l. Macdonald carried unanimously
THAT the Lake Erie Region Source Protection C,ommittee release the
Handling and Storage of an Organic Solvent Drscusslon Paper to
municipalities for source protection planning purposes.
h) SPC-í f -06-08 Storage and Handling of DNAPLs Discussion Paper
L. Lobe provided an overview of Report SPC-11-06-08 and the Storage and Handling of
DNAPLS Discussion Paper.
L. Ross pointed out that there is no requirement under legislation to write a one-size-fits-
all policy for this type of threat. ln addition to prohibition, the committee could elect to
recommend, for example, a risk management plan for commercial operation or an
education and outreach policy for household use.
C. Ashbaugh expressed his concern regarding DNAPLs, and advised that it is his hope
that the committee makes a concerted attempt to address DNAPLs. L Macdonald advised
that industries are aware of the hazardous nature of DNAPLs and have replaced it where
they can. lndustries recognized decades ago that there are other prefened options;
DNAPLs are only used where absolutely necessary. Many sites of concern are sites from
the past.
R. Krueger questioned the threats total of "0" for DNAPLs for Haldimand County noting
that PAH's would be by-products of combustion from the Nanticoke power plant. L. Lobe
advised that staff will investigate and confirm the threats number for Haldimand County.
M. Keller concurred but pointed out that, even if the reports states "0" and they do have
PAHs, there would still be a requirement to comply with any policy developed. The threats
totals are merely a snapshot in time.
Lake Erie Region Source Protection Committee minutes of
meeting held June 2, 2011.
Page 44 of 297
Minutes of Meeting
Lake Erie Region Source Protection Committee
June2,2011 Page 9
Res. No. 45-11 Moved by: l. Macdonald
Seconded by: R. Krueger carried unanimously
THAT the Lake Erie Region Source Protection Committee release the
Handling and Storage of a Dense Non-Aqueous Phase Liquid Drscussion
Paper to municipalities for source protection planning purposes.
11. Business Arising from Previous Meetings
None
12. Other Business
a) Question and A¡rswer Period
None
13. Closed Meeting
Not applicable
14. Next Meeting-Thursday, June 16,2011, l:00 pm
Grand River Gonservation Authority,400 Clyde Road, Gambridge, ON
C. Ashbaugh reminded members that an SPC meeting is scheduled for June 16, 2011 at the
GRCA.
The July 7,2011 meeting will be at the Ohsweken Fairgrounds.
The August 4, 2011 meeting will begin with a tour of the Nanticoke Water Treatment Plant
followed by the Source Protection Committee meeting at the Jarvis Community Centre.
15. Adjourn
Moved by: l. Macdonald
Seconded by: R. Krueger carried unanimously
THAT the Lake Erie Region Source Protection Committee meeting of June
2,2011 be adjourned.
The meeting adjourned at 3:40 p.m.
Chair Recording Secretary
Lake Erie Region Source Protection Committee minutes of
meeting held June 2, 2011.
Page 45 of 297
Page 46 of 297
I*I ã:i'å::'""t Environnement
Environment Canada
4905 Dufferin St.
Toronto Ontario Canada M3H 5T4
\liay 20,2011
Dear Friend of the Great Lakes,
We are pleased to provide you with the attached 2011 Lakewide Management
Annual Report(s).
Lakewide Management Plans (LaMPs) are developed and implemented by US
and Canadian federal, state and Ontario provincial government agencies in
consultation with many other partners. LaMPs support the restoration and
protection of the chemical, physical and biological integrity of the Great Lakes as
prescribed by the Great Lakes Water Quality Agreement. These plans provide the
framework for binational environmental restoration and protection efforts, identify
actions necessary; and co-ordinate the work of the numerous partners involved in
the implementation of these actions. Lakewide Management Plans establish
environmental goals and targets, assess the state of the ecosystem and develop
strategies to implement actions addressing priority issues.
The annual management reports highlight progress over the past year, challenges
forthe lake, and outline planned activities including outreach, monitoring,
protection and restoration actions.
Ihese reports were developed cooperatively by Environment Canada and the U.S.
Environmental Protection Agency and reflects the collaborative effotls of federal,
state, tribal and provincial governments, as well as stakeholder organizations.
ln addition to the printed versionis that we are sending you, the reports may also
be found on Environment Canada's web site at http://wvvw.ec,qc.ca/ qreatlakes
and on the Binational.net web site at: http://binational.neVhome e.html
Please do not hesitate to contact us if you have comments or questions regarding
these reports, lndividual lake staff contacts are listed on each report or feel free to
contact us at qreatlakes-qrandslacs@ec.gc.ca.
We appreciate and value your interest in the progress of Environment Canada's Great Lakes programs.
Acting Director, Great Lakes Division
Environment Canada
Stav lnformed!
lf you have recently moved, or if you wish
to be added to our distribution list to
receive LaMP annual reports as they
become available, please send an email to
greatlakes-q randslacs@ec.oc.ca with the
following information:
. Your name, company or
organization and mailing address
. YoLrr preference to receive
documents in electronic or print
format
. Your email address
. Anything else you may want to let
us know or ask about the Great
Lakes!
As always, your details will be treated as
privileged information and will only be used
to disseminate our Great Lakes
information to you, our stakeholders.
These distribution lists are never shared
outside of Environment Canada,
é-ao
.c
Can www.ec.gc.ca
""*it.".
'".#'
Corresondence dated May 20, 2011 from Environment Canada
regarding "2011 Lakewide Management Annual Report".
Page 47 of 297
LAKE ERIE LAKEWIDE
&
:MANAGEMENT PLAN
iAnnual Repo rT 2011
t'-
in this lssue
Overview...., ........................1
Accomp1ishments....,......,......,...........,........ 2
Overview
The Lake Erie ecosystem is unique. lt is the shallowest and the most biologically
diverse of all the Great Lakes. The Lake Erie watershed is home to over 11 million
people, supports one of the largest freshwater fisheries in the world, and provides
many recreational and tourism opportunities due to the presence of numeious
beaches and extensive wetland complexes. lt is sensitive to pressures from urban
and rural land uses, such as excessive nutrient inputs, habitat loss and degradation
and the introduction of non-native invasive species.
Lake Erie Lakewide Management Plan (LaMP) participants continue to tackle the
challenqe of managing this variable and sensitive ecosystem. This Annual Report
summarizes recent progress, as well as challenges and next steps. Highlights in this
2011 report include:. An update on the sett¡ng of ¡nd¡cator targets for total phosphorus
concentrations in Lake Erie;. An update on the Great Lakes Restoration lnitiat¡ve (GLRI) and Canada-Ontario
Agreement (COA);
. An update on algae and a call to action to address the issue;
. Potential irnpacts of climate change on hypoxia (areas of low dissolved oxygen)
in Lake Erie;. An update on tlre development of the Binational Biodiversity Conservation
Strategy for Lake Erie
Although progress continues, there is still much work to be done. lf you would like
to know more, please visit the website alwww.binational.net or use the contacts
listed on the back page. Ò
Challenges
Next Steps
Watershed Map..........,......,.........................4
Special Events 4
......2
What is the LaMP?
Under the Great Lakes Water Quality
Agreement, the governments of
Canada and the Unitecl States agreed
"to restore and maintain the chemical,
physical, and biological integrity of
the waters of the Great Lakes Basirr
Ecosystem".
This is acconrplished in part through
the developnrent and implenrentation
of binational Lakewide Management
Plans (LaMPs) for each lake. Lake Erie
LaMP participants have identified
ecosystem goals ancl objectives and
assessed the state of lake. Through
the development of issr.re related
strategies, the LaMP will iderrtify
actions required to restore .rnd protect
the lake and evaluate the effectiveness
of those actions.
The Lake Erie LaMP is coordinated
by a committee of water quality
natural resource managers fronr both
Canada and the Ut'ìited States, with
participation fronr federal, provincial,
state and local govertrnrents tlrat have
a role in implenrentation.
For nrore irrfornration about the Lake
Erie LaMP, visil.: www.binational.¡tet or
http://w w w.ep a.gov/g I n po/e ri e. h t tn l.
A view of Lake Er¡e at Long Point Provincial Park, Ontar¡o.
Credit: o Ontario Parks.
Corresondence dated May 20, 2011 from Environment Canada
regarding "2011 Lakewide Management Annual Report".
Page 48 of 297
-:,
LAKE ERIE LAKEWIDE MANAGEMENT PLAN
Annual Report 20'11
Accomplishments
Lake Erie Total Phosphorus Targets Set, Nutrient
M a n agem ent Strategy DeveloPed
As part of its leadership role in restoring Lake Erie, the Lake
Erie LaMP Management Committee set and agreed to
indicator endpoints for total phosphorus concentrations for
surface water (see table). These targets are based on the best
available science, and when achieved, will reduce problem
algal blooms in the Lake. This will, in turn, improve fish and
wildlife habitat and recreational use of the lake, reduce
additional costs for drinking water treatment, and improve
hypoxia (low oxygen) in the central basin.
Targets for Total Phosphorus Concentrations
Offshore
Western Basin 15
CentralBasln 10
Eastern Basin 10
Neafshore 20
Tributarlds 32
Coastal Wetlands one recording of <30 ¡rg/L annually
xMean Annual Total Phosphorus Concentration FglL
The Lake Erie Binational Nutrient Management Strategy
identifies the strategic actions required to move towards the
achievement of these endpoints. As the implementation of the
Nutrient Management Strategy moves forward, new research
and monitoring will continue to fill knowledge gaps and may
lead to the refinement of these targets. This will help to ensure
that the targets are ecologically credible and sustainable
to meet the vision, goals and objectives of the Lake Erie
Binational Nutrient Management Strategy.
As part of its commitment to adaptive management, the
LaMP Management Committee will closely monitor research
advancements and recommend appropriate adjustments to
nutrient management actions and targets to assure that sound
science continues to serve as the basis for responsible public
policy.
Government Funds Flowing to Great Lakes Proiects
Through the Great Lakes Restoration lnitiative, nearly USS18
million went to about 30 projects within the Lake Eríe Basin
to address LaMP priorities such as phosphorus reduction,
habitat restoration, and the creation of monitoring programs
that will establish measurements of nearshore health.
Detailed information on all GLRI projects can be found at:
htt p : //g re atl a ke s r e sto r ati o n.u s/.
ln Canada, action on LaMP priorities are supported through
projects delivered under the Canada-Ontario Agreement
Respecting the G¡eat Lakes Basin Ecosystem (COA). For an
overview of recent successes and accomplishments that have
taken place, as well as challenges that are being faced under
COA, g o to htt p: //w w w.ec.g c.ca /g re atl a ke s, click o n Ca na d a -
Ontario Agreement, and then Keeping the Great Lakes Great
under 2007-2010 COA. Ò
Challenges
Taking Action to Manage Nutrients in Lake Erie
Lake Erie water quality has taken a turn for the worse. The
algal blooms that threatened the Lake Erie ecosystem in the
1960s and 1970s have returned, and the extent and duration
of anoxia/hypoxia in the central basin continues to increase.
Growth of Cladophora, a type of algae, has once again become
a problem in nearshore zones, and botulism outbreaks are
believed to be linked to the interrelationships between
Cladophora,zebra and quagga mussels and round gobies'
Although it does not appear that total phosphorus loads are
increasing lakewide, total phosphorus concentrations in the
nearshore are, and significantly increased loads of soluble
reactive phosphorus (a measure of the most biologically
available form of phosphorus from non-point sources) have
now been measured in the Maumee and Sandusky rivers'
While the mechanisms behind these changes are areas of
active scientific investigation, there is an urgent need now for
coordinated and strategic nutrient management actions.
The success of the Lake Erie Binational Nutrient Management
Strategy will depend on the commitment from various
stakeholders to join forces and to change how nutrients are
currently used, applied, transported and discharged' Multiple
jurisdictions, in both Canada and the United States, will be
Íesponsible for on the ground implementation actions.
Laboratory on Gibraltar lsland' Ohio - August 2010.
Photo credit: Dr. Jeffiey M, Reutter, Stone Laboratory Ohio State Un¡versity.
Lake Erie and Watershed
Habitat Type
Harmful algal blooms as viewed from the docks in front of the Stone
Corresondence dated May 20, 2011 from Environment Canada
regarding "2011 Lakewide Management Annual Report".
Page 49 of 297
LAKE ERIE LAKEWIDE MANAGEMENT PLAN
Annual Report 2011
Algal Blooms increasing in Western Lake Erie
Lake Erie is once.again experiencing significant harmful
algal blooms. The hot summer of 2010 produced a sickly
and unprecedented bloom of toxic blue-green algae in
western Lake Erie. Scientists working on Lake Erie, blame
high concentrations of phosphorus and high water
temperatures for the re-emergence of algal blooms
on course to be the worst in 30 or 40 years. Loadings
of soluble reactive phosphorus from the Maumee and
Sandusky rivers have been the highest and second
highest respectively since records began in 1975.ln 2009,
harmful algal blooms led to swimming advisories along
Ohio's Lake Erie shoreline for the first time since the
1970s.
Hypoxia to Worsen with Climate Change
Zones of hypoxia (areas of low dissolved oxygen) have
increased in the Great Lakes over the past 50 years and
represent a significant threat to the health and economy of the
lakes. Research now suggests that this will continue to worsen
with climate change.
Hypoxia is linked to eutrophication. Eutrophication occut's
when nutrients from point sources (e.9. wastewater discharge)
and non-point sources (e.g. runoff from croplands) cause algae
to proliferate, Bacterial decomposition of dead algae leads to
areas of low dissolved oxygen on the lake bottom.
Lake Erie has likely always experienced zones of hypoxia in
the late summer due to natural factors, with the central basin
being the most vulnerable. Although late summer hypoxia is a
natural phenomenon in Lake Erie, summer oxygen depletion
rates increased during the 1950s and 1960s due to increased
phosphorus loadings. Phosphorus reduction programs led to
improved conditions unt¡l the late 1990s, when bottom water
hypoxia returned to pre-act¡on levels, with increases in non-
po¡nt sources pinpointed as the most likely cause.
Climate change will likely exacerbate the development of
hypoxic conditions in Lake Erie, as well as the occurrence
of other related ecological problems, such as harmful algal
blooms. For example, climate change is expected to increase
precipitation, which will promote increased runoff of nutrients
to coastal ecosystems. Expected long-term ecological changes
from climate change will mean an earlier onset of hypoxia
each year and, possibly, a longer overall duration. As our
understanding of climate change impacts become better
understood, this new knowledge will be applied to current
nutrient reduction strategies within the basin. For more
information on hypoxia, go to http://www.whitehouse.gov/sites/
d efa u I t /fr I e s / m i cro site s /o stp/ hy p oxi a - re p o r t. p df . Ò
Next Steps
Developing o Binational Biodiversìty Conservation
Strategy
Biological diversity, or biodiversity, refers to the variety of
life, as expressed through genes, species, and ecosystems,
and is shaped by ecological and evolutionary processes. The
full spectrum of biodiversity is essential to ma¡ntaining the
ecological functions, processes, and connections that sustain
us and provide many economic and social benefits. The
biodiversity of Lake Erie is under stress from multiple factors,
including degradation of water quality in tributaries and
open waters; climate change; aquatic and terrestrial invasive
species; loss and fragmentation of habitaq rapid residential
and industrial growth; altered hydrology; and agricultural
practices that result in excess nutrients and sediments flowing
into tributary streams or significant alterations of watershed
hydrology. Natural resource management agencies and their
partners around the Lake Erie watershed have recommended
the creation of a Lake Erie Biodiversity Conservat¡on Strategy
(Biodiversity Strategy) that will include long-term strategies
to restore and protect the chemical, physical, and biological
integrity of the Lake Erie ecosystem.
Through Great Lakes Restoration lnit¡ative funding and
support from Environment Canada, The Nature Conservancy
and The Nature Conservancy of Canada are currently working
with a broad network of U.5. and Canadian scientists, natural
resource professionals, non-profit organizations, the Lake
Erie LaMP work group, and other stakeholders, to create the
Biodiversity Strategy, which will highlight the conservation
features ( e.g., species, systems, processes, functions) that
represent the biodiversity of the lake, identify the key threats
to these features, and propose long-term strategies that,
when implemented, will conserve a functioning system. The
Biodiversity Strategy is expected to be completed by Fall 2012.
For further information, please contact Doug Pearsall, The
Nature Conservancy, at dpearsall@tnc.org. Ò
Lake Erie's wild species and spaces will benefit from the Binational
Biodiversity Conservation Strategy.
Photo credit: @ Jim Schmidt, provided by U.S, National Parks Service.
Corresondence dated May 20, 2011 from Environment Canada
regarding "2011 Lakewide Management Annual Report".
Page 50 of 297
@
LAKE ERIE LAKEWIDE MANAGEMENT PLAN
Annual..R¡port 2011
Special Events
Great Lakes & St. Lawrence Cities
lnitiative Conference
Location: Niagara Falls, ON
Date: June 15-lZ 2011
For More lnformation:
htt p : //w w w.gls I citi e s.o rg
State of the Lakes Ecosystem
Conference
Location: Erie, PA
Date: Octob er 26-27, 2011
For More lnformation:
htt p://w w w. so I e creg i st r ati o n.ca
Catalogue No.: En1 61 -71201'l E
The Lake Erie Drainage Basin
The Lake Erie ecosystem naturally functions in three distinct basins. lts shoreline
includes Point Pelee, the most southerly point in Canada, as well as portions of Ontario
and the states of Michigan, Ohio, Pennsylvania and New York.
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For More lnformation:
For more information about the Lake Erie Lakewide For more information about the Lake Erie Binational
Management Plan, visit the website at Public Forum, please contact;
www.binational.net or contact: ln Canada:
ln Canada: Theresa Hollingsworth
Kelly Phillips Upper Thames River Conservation Authority
Environment Canada 1424 Clarke Road
4905 Dufferin St. London ON Canacla N5V 589
Toronto ON Canada M3H 5T4 hollingswortht@thamesriver.on.co
greatlakes-grandslacsgec.gc.ca In the United States:
ln the United States: Joe Logan
Dan O'Riorclan Ohio Environmental Council
U.5. Environmental Protection Agency 1207 Grandview Avenue #201
77 Wesr Jackson Blvd., G,17J Columbus OH USA 43212-3449
Chicago lL USA 60604-3511 ioe@theoec.org
orio rd an.dan i e lEepo.gov
Corresondence dated May 20, 2011 from Environment Canada
regarding "2011 Lakewide Management Annual Report".
Page 51 of 297
Page 52 of 297
-)Page I of2
Kyle Kruger
From: Ministry of lnfrastructure [info.moi@ontario.ca]
Sent: June24,2011 4:22PM
To: Kyle Kruger
Subject: Building Together, Ontario's Long-Term lnfrastructure Plan
Ministry of lnfrastructure Ministère de I'infrastructure
Office of the Minister Bureau du ministre
Sth Floor, Mowat Block 5e étage, édiflce Mowat
900 Bay Street 900, rue Bay
Toronto ON M7A 1C2 Toronto (Ontario) M7A1C2
Tel: 416 325-5270 Tél:416 325-5270
Fax:416 325-8860 Téléc: 416 325-8860
www.ontario.calinfrastructure www.ontario.calinfrastructure
June 24,2011
His Worship Paul Ens
Mayor
Municipality of Bayham
bayham@bayham.on.ca
Dear Mayor Ens:
I am pleased to inform you of the release of the Government of Ontario's new long{erm
infrastructure plan, Building Together.
Building Together presents a strategic framework for continued infrastructure investment that
drives economic growth and enhances our quality of life. lt also provides clarity, sustainability and
greater predictability in Ontario's infrastructure policies, while focusing on ensur¡ng the province
remains economically competitive and innovative.
Through Building Together, the province will continue to make significant investments in public
infrastructure over the next decade. We will begin by investing more than $35 billion over the next
three years, including $12.8 billion in 2011-12. These investments are projected to create and
preserve over 300,000 jobs.
The development of our plan was guided by our extensive consultations across the province, and I
am grateful for the valuable input of our partners in this important process.
The detailed plan is available on our ministry's website. To access the full document, please visit
www. o ntar!e-qa/þurld i ngþgethel.
We value collaboration with our partners in addressing the province's infrastructure challenges.
Working together, we have crafted a long-term plan which willfocus Ontario's infrastructure
investments to create jobs and help enhance the quality of life of all Ontarians.
Please accept my very best wishes.
27106120tr
Correspondence dated June 24, 2011 from Ministry of
Infrastructure regarding "Building Together".
Page 53 of 297
Page2 of2
Minister of lnfrastructure
c: Mr Kyle Kruger, Administrator, Municipality of Bayham
27t06120t1
Correspondence dated June 24, 2011 from Ministry of
Infrastructure regarding "Building Together".
Page 54 of 297
l
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council DATE: July7,2}ll
FROM: G"rry LeMay, Manager Public Works FILE: 1ù?
SUBJECT: Harmony Acres Speed Limit NUMBER: PW 2011-07
Purpose
This report is further to a resident request for a speed limit reduction on Harmony Acres Line in the
Municipality of Bayham.
Background
Council received a concern from a resident on Harmony Acres Line with speeding vehicles, asking
for a reduced speed limit. Council referred the letter to staff and the OPP for comment. The current
speed limit on this road is 80 km per hour. The Highway Traffic Act provides for speed limits of 80
km per hour on local roads unless a municipal by-law is passed setting a different limit
Staff Comments
Although Harmony Acres Line is avery small street in length, unfortunately we are being faced with
the speeding of four wheel drive vehicles and off road vehicles. There may be access to area gullies
and unofficial trails that is attracting these to this area. The Police stated that off road vehicles have
the option of crossing the roadway but if they choose to go down the roadway similar to a vehicle
they are subject to the same rules of the roads as are motor vehicles and in turn subject to the same
fines regarding insurance, license, and other similar items.
In discussion with the OPP, reduced speed limits are not suggested as an effective deterrent in this
case. Signage alone tends to be little deterrent. The Municipality presently has very few areas where
the speed limit is reduced to control the speed of traffic and it is a general thought the best means of
controlling speeding is through enforcement. Staff have contacted the OPP regarding this concem
and the Police advise that patrols will assist in this concern. Therefore, the OPP will attempt to
increase enforcement not only of speed limits, but also licencing/insurance requirements etc for off
road vehicles. The Ontario Provincial Police feel that their presence will and should control the
speeding on this particular roadway as well as others in the Municipality.
Strategic Plan Goal(s)
1 . Goal #2 A well maintained and secure infrastructure
Recommendation
THAT Staff Memorandum 20Il-07 be received.
Respectfully submitted,
Gerry LeMay, Manager Public Works
Reviewed By.
Staff Report PW2011-07 regarding "Harmony Acres Speed
Limit".
Page 55 of 297
Page 56 of 297
Municipatity of Bayham
Building Permits
For The Month of June 2011 File: PlO
Jul-02-2011
No.Date Roll #Permit
Ilolder
Property Descrlptlon Building
Tvpe
Value Permit
Fee
Septic /Sewer
Fee
40 3-Jun )-006-l 8400 Reddecopp, Heinrich I 1590 Plank Road construct storaee shed 500so ft 7.500 80.0(
4l 6-Jun u -001-l 7500 Uren. James ]6 Erieus Street :onstruct 2 patio decks 320so ft 2.500 160.0(
42 7-Jun )-007-04203 On the Mark Homes & Constr )346 Sorineerhill Road me storey house il attached earage 3006sq ft 225.000 1595.0(375.0(
43 8-Jun l-001-l95OOmlit Ianzen. David 37 Union Street )ne storey house w/ attached earaee 2138so ft 200.00(1343.0(185.0(
44 3-Jun ¿-001-21700 Southem. Justin 34 Robinson Street :hange use ofmain floor ofblde to café restaurant 20(80.0(
45 3-Jun )-004-06400 Luce. Ma¡vin 57401 Heritase Line ronstruct one storev shoo l280so ft 25.00(387.0(
46 4-Jun z-001-34700 Bradfield. Bonnie 25 Wellinston Sheet ¡onstruct handicao ramD to front ofbldp 2.00(80.0(
47 6-Jun ¿-001-02400 Barber. Alan 19 Elizabeth Steet )onstruct Datio deck 420so ft 2.00(80.0(
48 2O-Jun )-004-10417 Friesen. Peter 56866 Heritase Line lonstruct Datio deck 5l2sa ft 2.40(80.0(
49 2l-Jun )-006-12200 Nevill. Robert 12229 Plank Road :emove and reDlace existins sunroom 2lOso ft 54.00(181.0(
50 22-J¡n +-001-23700 Morrell. Donna 14 Walnut Sûeet )ne storey house W attached earase 2592so ft r 50,00(1530.0(185.0(
June-l1 670-600 s,s96.00 74s.0Í
2011 YEARTO DATE t.623455 r8.294.00 3225.0(
June-10 3.032.70(15.475.00 E50.0(
2O1O YEARTO DATE 5.126.5ó(35-4s6.00 3100.0(
Prepared by:
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Page 58 of 297
t
coRpoRATroN oF Trü'MtINrcPALrrY,oF'BÄYHAM ?tø
sTAft:ßn-p,gnÏ
TO: Mayor & Members of Council DATE: June 28,2011
FROM: Gord Roesch - Fire Chief FILE:
SUBJECT: Statíon 1 - Port Burwell NUMBER: P2011-012
Purpose
This report is to provide Council with an update as to the structural integrity of Bayham
Fire Station #1 - Port Burwell.
Background
Peter Corfield and Associates completed a Master Fire Plan and that plan was
submitted to council on April 15th,2010. One of the recommendations in the Master
Fire Plan was to replace the current fire station in Port Burwell. A committee was
established and several meetings have taken place.
Staff Report (FD2010-002) was subsequently presented to council and a resolution
authorizing staff to move forward and hire an engineering firm to represent the
municipality was passed.
The Municipality hired Dawley Engineering and currently there are plans before Council
to consider.
On June 27,2011 the Fire Chief was made aware that earlier in the day part of the floor
in the south apparatus area of Station #1 had given way. On June 28, 2011 the Fire
Chief inspected the area in question, and requested the Chief Building Official attend
and give an opinion as to the integrity of the apparatus floor area. The CBO attended
and deemed that the area was unsafe, and subsequently issued an order under the
Ontario Building Code.
The order is attached to this report.
Staff Gomments
1. Apparatus have been moved as per the order.
a. After consultation with both District Chiefs, we moved Tanker 1 to
Station 2.
b. The 1933 Bickel (antique fire truck) has been relocated to a private
storage area.
2. Station 1 does not have a tanker, Station #2will automatically respond with
both tankers to a call in Station 1 running area. lt is important to note that the
majority of the Station I urban running area is serviced by fire hydrants.
3. Station 2 has adjusted the training schedule to allow firefighters to train with
Tanker 1 and its equípment.
Staff Report P2011-012 regarding "Station 1 - Port Burwell".
File: P16
Page 59 of 297
4. Due to the engineering work underway and the current information before
Council regarding the replacement of Station #1, notwithstanding council
direction to the contrary, staff does not recommend spending any money to
repair the existing facility.
Attachments
1. Station 1 - Order to Complv.pdf
Recommendations
1. That council receives report P2011-012 and further more direct staff to take
Bayham Station 1 replacement documents to tender.
Respectfully submitted,
Roesch
Reviewed By:
Staff Report P2011-012 regarding "Station 1 - Port Burwell".
File: P16
Page 60 of 297
Municipality of Bayham, 9344 PlankRoad, Straffordville, ON, NOJ 1Y0, BCIN# 19636
Order Number: (optional)
Order to Gomply
Pursuant to Subsection l2(2) of the Buílding Code Act' I 992
Date Order issued: June 2t' 2011
ApplicationÆermit Number:Address to which Order applies
24 Pitt StreeÇ Port Burwell
Order issued to:
Municipalityof Bafam
P.O. Box 160
Staffordville, ON
NOJ lYO
The inspection on or about June 28,2011 at the above-refsrenced address found the following contrave'lrtion(s) of the
Building Code or the Euilding Code Act, 1992.
You a¡e hereby ordered to correct the contraveotions iteNnizd below irrmediateþ
Name Bill BCIN 23413
Telephone no. 51 9-866'5521
Contact tel. number (optional)
Signature
Contactname (
Note:
r It is illegal to obstn¡ct the visibility of a posted O¡der. It is also illegal to remove a posted Order unless authorized by an
inspector or Registered Code Agency. lBuílding Code Aql992 s.20)
r An Order may be app€aled to the Superior Court of Justice. [Buítdíng Code Acç 1992 s.2í).Itnay also-be appealed to the
Building Co¿ã Comn¡sion concerning the sr¡fificie,ncy of comptiance with the technical requirenents of the Building Code.
lBuìlding CodeAct, 1992 s-241
o Failure to comply with this Order could result in a Stop Work Order. lBuílding Code Act, 1992 s. l4J
o Failue to comply with this Order is an offence uùich could result in a fne.lBuilding Code Act 1992 s.361
¡ ' No construction affected by this Order is to be covered until inspected and approved.lBuilding Code Act, 1992 s-l3l
Item Refere¡rce Description and location Required action and compliance date
I 15.e(4)A portion of the existing buil¿ling is
inanunsafe condition
See ¡tt¡ched Schedute'A' for details
Order issued by:
This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code Act, 1992 Page I of I
Staff Report P2011-012 regarding "Station 1 - Port Burwell".
File: P16
Page 61 of 297
Municþatity of Bayham
93,14 PlankRoad, Post OfficeBox 160
Staffordville ON NOI lYO
Phone (519) 86Gs52l Fæc (519) 866-3884
June 28,2011
Municipalþ of Baytam
P.O. Box 160
Straffordville, ON
NOJ lYO
Dear Sir:
Re: 24 Pitt Steet, iort Burwell (Port Br¡rwell Firehall)
Order to Compl¡ Rerredy Unsafe Condition, Schedule "4"
The above mentioned existing building was inspected on June 28,2011 by the undersigned. It was
found that the south bayparking Eal rge floor has collapsed in various locations. It is assumed that the
weight of the fire truck has re,ndered the concrete floor slab unusable. Photographs of the floor slab
locations are attached.
This portion of the building is considered as beingunsafe due to its conditioq (as per Section
15.9Q) of the Ontario Building Code Act) "A building is unsafe if the building is in a condition that could
be hazardous to the health or safety of persons in the norrnal use of the building and/or if the building is
stnrcturally inadequate or faulty for the pu{pose for which it is used."
The continued use of south bay parking garrge for the parking of fire trucks shall cease
inmediately. Theuse of this portion ofthebuilding as aparking gara5e shall not reoornmence until
structural modifications of the concrete floor slab are completed under the direction of a Professional
Engineer.
Yours üuly,
ChiefBuilding Official
Drainage Superintendent
Staff Report P2011-012 regarding "Station 1 - Port Burwell".
File: P16
Page 62 of 297
Staff Report P2011-012 regarding "Station 1 - Port Burwell".
File: P16
Page 63 of 297
Staff Report P2011-012 regarding "Station 1 - Port Burwell".
File: P16
Page 64 of 297
, .., ¡,.i/'ra' ì
t,'ûi
.t.tèt
Staff Report P2011-012 regarding "Station 1 - Port Burwell".
File: P16
Page 65 of 297
Page 66 of 297
?
CORPORATION OF THE MTINICIPALITY OF BAYHAM
STAITII REPORT
TO: Mayor & Members of Council
FROM: Gord Roesch - Fire Chief
SUBJECT: Communications Agreement
DATE: June 30,2011
FILE: L o 4
NUMBER= P2011-013
Purpose
This report is to provide Council with information regarding the fire dispatching contract
between the Town of Tillsonburg and the Municipality of Bayham.
Background
On July 11,2007 the Municipality of Bayham and the Town of Tillsonburg entered into
an agreement for the Town of Tillsonburg to provide fire dispatching services for the
Bayham Fire and Emergency Services.
Bayham was and still is currently a member of a County of Elgin Communications
Committee. The committee is made up of the Mayor, CAO and Fire Chief from each
Municipality. The Committee went through a RFP process for dispatching services and
Tillsonburg was the successful bidder. The contract comes due June 30,2012.
On May 17th,2011 Tillsonburg Fire Chief Parsons attended a meeting with the Elgin
County Fire Chief's where Tillsonburg's interest to renew our agreement was
expressed.
On June 20,2011 The Fire Chief received a letter requesting that the Municipality of
Bayham and the Town of Tillsonburg begin talks to renew the fire dispatching
agreement, with a new fee schedule to be implemented no later than January 1,2012.
The letter from Chief Parsons is attached to this report.
Staff Comments
1. On June 24th,2011 | requested a meeting with Chief Parson's, to date he has
not been available to meet with us.
2. Our current contract does not expire until June 30Th,2012.
3. The County Communications Committee is going to meet in the near future
to discuss fire dispatching and the renewal process.
4. lt is my opinion that Bayham not negotiate on our own, but continue to work
in partnership with the other members of the Elgin County Communications
Committee.
Staff Report P2011-013 regarding "Communications Agreement".
File: L04
Page 67 of 297
Attachments
1.
Recommendations
1. That council receives report P2011-013 and further more direct staff to
continue to work in partnership with the Elgin County Communications
Committee.
Respectfully submitted,
Fire Chief
Staff Report P2011-013 regarding "Communications Agreement".
File: L04
Page 68 of 297
ã=Jí(:onbur5
-
o/fuølr,flX¿ørfu
The Corporation of the Town of Tillsonburg
June 20,ZOlL
Mr. Gord Roesch
Fire Chief,
Township of Bayham
Re: Fire Communications Agreement
vla: facsimlle
Dear Chief Roesch;
The Town of Tillsonburg Fire Department continues to be pleased to serve as your fire dispatch and
communications centre, Since the commencement of our service to you on July LL,2007, our fire
communications team has dedicated our efforts as a high performing; standards based 911 and fire
communications bureau. We are pleased to confirm that we are answering emergency 911 calls on average
within 12 seconds and our dispatch time to alert your fire service is less than one minute on average. We feel
another important key to our success is the efficient two way communication between our offices which
facilitates prompt resolution to any and every concern that has arisen'
Having acquired the experience of beginning and operating the fire communications service for close to four
years now has allowed us to grow with a better understanding of administrative requirements' lf we are to
continue to operate the fire communications service we will need to adjust our operating budget in a way that
ensures that you as our client receive the high performance, standards based service you are accustomed to.
please accept this correspondence as our formal request to renew our agreement with an adjustment to the
fees paid to Tillsonburg by the Township of Bayham, We have developed a revised competitive fee structure as
presented to a meetin! with the Elgin Chiefs on May 17th. We would like to initiate the revised fee rate at the
earliest possible time in order that we may reduce the risk to the Town of Tillsonburg, preferably no later than
January t, 2O;.Z. Chief Roesch, may I suggest we meet at a convenient time in the near future so that we may
further discuss the foregoing and íf mutually acceptable begin the process to renew our agreement.
Fire Chief,
Tillsonburg Fire & Rescue Services
Kelley Coulter, CAO
Staff Report P2011-013 regarding "Communications Agreement".
File: L04
Page 69 of 297
Staff Report P2011-013 regarding "Communications Agreement".
File: L04
Page 70 of 297
2010.11.19 6.3 9050 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0611612011
001647 125'4750NTAR|O LTD
687144 LAMPS 0s11112011 I 63.66 01061I
service cfrarge SERVICE CHARGE 0513112011 I 4.10 010611
Cheque Amount - 67.76
001337 AROUND ABOUT BAYHAM
233 WATER INFRASTRUCTURE AD O5t18l201'l I 33.90 010612
Cheque Amount - 33.90
OOOO9.I BARRY R. CARD
2120'13-4'6 LEGAL SERMCES 0610112011 t 2,30s.77 010613
Cheque Amount - 2,305.77
OOO121 BRADCRANEXINC
4563 BOOM TRUCK - FIáGS O6101t2011 I 24t1.60 010614
Cheque Amount - 248.60
000220 CJDL
6453 ELTZABETH ST SUBDTMSTON 0610112011 t 2,u0.23 010615
Cheque Amount - 2,U0.23
OOO272 DYNAMIC FLUID PRODUCTS INC
l-1090êo HosEs, cRlMPS, SEALS O6t1012011 I 120.60 010616
ChequeAmount- 120.60
OO17O8 EASTLINK
Jun5.t98665521 MONTHLY TELEPHONE 0610112011 I 1,309.91 010617
Cheque Amount - 'l,309.91
000316 EQUIPMENT CENTRE SIMCOE LTD
TO571OO CEMENT MIXER
OOO334 FASTENALCANADA
ONTIS443O4 GLOVES
o6t1012011 I 45.20 010618
05t17t20't1 I 26.44 010619
Cheque Amount - 26.44
000346 FORM & BUILD SUPPLY INC
393715 coNcRETE PATCH 0512712011 I 88.75 010620
ChequeAmount- 88.75
OOO357 G& K SERVICES CANADA INC
1518701649 SHOP TOV\JELS, FLOOR MATS 06107120',11 I 211.93 01062'l
Cheque Amount - 2l'1.93
001258 HENNESSY GIBSON HOGAN
54247 LEGAL SERVICES 06ßA201l t 757.77 010622
Cheque Amount - 45.20
0611612011 2:19PM
Cheque Amount - 757.77
Page 1
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 71 of 297
2010.11.'19 6.3 9050 MUNICIPALIW OF BAYHAM
Accounts Payable
Royal Bank
Cheque Regíster - 0611612011
0610812011
06t08t2011
0610812011
06t0812011
06/162011 2:l9PM
010623
010623
010623
010623
010624
010625
010626
Jun12650 - 91004
Jun68850 - 12275
Jun75250-12272
Jun93850 - 91019
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10222
UTILITIES. PUMP'Í8
UTILITIES. PB GARAGE
UTILITIES . PB LIGHTHOUSE
UTILITIES - PUMP#7
I
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277.85
120.77
171.Æ
139.35
Cheque Amount -
05t1u2011 I
709.45
734.50AD - PB PROVINCIAL PARK
OOO513 KOOLEN ELECTRIC
16902 CLEAN DRAIN & FILTER
OO147O LEANNWALSH
supplies - paper CASE OF PAPER
000647 NORFOLK DISPOSAL SERVICES
Cheque Arnount -
0610712011 I
734.50
101.14
Cheque Amount -
0610712011 I
101.14
70.02
Cheque Amount -70.02
52,718.70 0'106270000177295
0@706 PITNEY BOVVES
791817208/.30
OOO7I6 PRAXAIR DISTRIBUTION
11374794
OOO737 RAMONA PEIDL
876319
876320
876321
DW05259767
DW05261302
DWo5264290
DW0526/.291
GARBAGE DISPOSAL 05t31t2011
Cheque Amount -
COMPREHENSIVE SERVICE PI.AN æIMI2O11 I
Cheque Amount -
CYLINDER LEASE 0512012011 I
Cheque Amount -
52,718.70
574.16 0't0628
010629
574.',16
271.09
MONTHLY CLEAÀ¡ING . MAYI 1
MAYIl CLEANING-V.C.C.
MAYI1 CLEAIIING - S.C.C.
o5t3'U2011
051311201',|
05t31t2011
I
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27',1.09
940.00 010630
923.00 010630
1,066.00 010630
OOO79O SAFETYKEEN CANADA INC
Acct 0000902898 I.ATE FEE
OO1ß2 SUN MEDIACORPORATION
Cheque Amount -
06t0a20't1 I
2,929.00
25.00 0't063'l
ENTERTAINMENT GUIDE
PROJECTOJIBWA
BUSINESS DIRECTORY
COMMUNITY CENTRE AD
Cheque Amount -25.00
581.96 010632
145.77 010632
152.55 010632
152.55 0'10632
0512012011
051251201'l
0512512011
051251201'l
I
I
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I
0n,0427 HYDRO ONE NETWORKS INC
Cheque Amount -I,032.83
Page
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 72 of 297
2010.11.19 6.3 9050
001418 TELUS
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0334
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MUNICIPALIWOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0O11612011
0611612011 2:19PM
DOLI..AR POOL SAVINGS
PAPER FEE
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o5t27nof
05n7/2011
05n7f2011
0s12712011
osfzTnof
-'t57.54 010633
2.25 010ô33
489.15 010633
54.90 010633
41.08 010633
49.79 010633
¿14.86 010633
50.62 010633
44.æ 0f0633
483.89 010633
320.0ô 010633
48.08 010633
45.20 010633
c
I
I
I
I
I
I
I
I
I
I
I
I
0f 5894762035120n,5876 CELL PHONE- G ROESCH
015894762035/6171156 CELL PHONE - G LEMAY
0158947620351617',t294 CELL PHONE - C JOHNSTON
015894762035/6197656 CELL PHONE - A SWANCE
015894762035/q}65709 CELL PHONE. PB FIREDEPT
015894762035/6365787 CELL PHONE- RAODS DEPT 1
. 015894762035/6366178 CELL PHONE - STRAF FIRE DEPT
015894762035/6366198 CELL PHONE - E BRADFIELD
015894762035/6366368 CELL PHONE - E ROLOSON
015894762035/6369464 CELL PHONE - K KRUGER
015894762035/9021249 CELL PHONE - ROADS DEPI 2
Gheque Arnount -
INFORMATIONTECHNOLOGY 06113120'11 I
Gheque Amount -
CaARBAGE BAGS 05l0P,12011
FUNNEL, GARBAGE BAGS, GAS O O5IO5Ii2O11
FENCE POSTS 051191201'l
I
I
I
GAS - FIREDEPT
Gheque Amount-
a€/ßnorl I
MAYI1 I.A¡'IDSCAPING
Cheque Amount-
oíß1nofl I
Cheque Amount-
Cheque Run Total -
1,516.80
336.12 010634
21'1.17
414.45
4',14.45
2,271.90
010636
010ô37
2,271.30
7',t,472.59
Page
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 73 of 297
MUNICIPALITY OF BAYHAM
General Ledger
Posting Summary Trace: 015553 Report Date: 06/17l201f
Oø117t2011 3:21PM
Accounts Payable Voided Cheque
Fiscal Year: 2011
PostedBy: SANDRA
0'l{100-1030 General bank
01-010G'1950 Accounb PayableTraide
Void Ohq: 10611
1%æ75 ONTARIO LTD
Vold Ohq:10611
125975 ONTARIO LTD
ToblDeblb
Total Crcdltg
Net Posting
67.76
67.76
67.76
67.76
0.00
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 74 of 297
001647 12554750NTAR|O LTD
æ7144 LÄIüPS
service draqe SERMCE CIIARGE
MUNICIPALIWOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - æn7f20f1
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 75 of 297
2010.1'1.19 6.3 9050 MUNICIPALITYOF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0612'112011
0Æ,n1f2011 I
0612112011 1l:124M
010640
010641
010d42
0108t3
010644
001847 AUBREEUNTCH
award
001849 ETHAI.I WEBE
award
001695 GENMKUSSEN
math award
OO1848 GRACEWALL
award
OO185O LINDEEDECLERCQ
awad
001696 QUINN KEIZER
math award
GR.8 MATH AWARD
GR.TAWARD
GR.SMATHAWARD
GR.TMATHAWARD
GR.TAWARD
GR.SMATHAWARD
Cheque Amount -
06121f2011 I
30.00
30.00
Cheque Amount -
o6l2'l,f201'l I
30.00
50.00
Cheque Amount -
0612112011 I
50.00
50.00
Cheque Amount -
od21r2ü1 I
Gheque Amount -
06121120'l'l I
20.00
20.00
Cheque Amount-
Gheque Run Total -200.00
Page
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 76 of 297
201',t.02.01 7.27653 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 06123120'11
001ô47 1255475 oNTARIO LTD
123'41'l TOILET PAPER, PAPER TOVIEL 06123t20'11 I 347.95 010645
Cheque Amount- 347.95
001372 1ST STRAFFORDVILLE BPSC
assistance 2011 MUNICIPAL ASSISTANCE 06122t2011 I 500.00 010646
Cheque Amount- 500.00
OOOOI9 AJ. STONE COMPANYLTD
ooooloolg3 DIAPHRAGM ASSEMBLY 04t29t2011 I 98.28 010647
0000'100586 FACE SHIELDS 06115t2011 I 190.90 010@17
ChequeAmount- 289.18
OO1M6 ARCHIBALD GRAY& MCKAYLTD
tNoo26856 ESTHERVTLLE CEMETERY BOUND 06t1312011 I 14,379.08 0104ß
Cheque Amount - 14'379.08
OOOO95 BAYHAM COMMUNITY INITIATIVES
assistance 2011 MUNICIPAL ASSISTANCE O6t2212011 I 500.00 010ô49
ChequeAmount- 500.00
OOO1,I4 BOB BUTLER
glasses
001271 BRENDAGIBBONS
glasses
GLASSES o6to1t201't I 275.æ 010650
Cheque Amount -
06114t2011 t 275.00 010651
Cheque Amount - 275.00
OOO154 CA¡IADIAN KOOLWATER
2990 WATER BOTTLES 061142011 I 38.00 010652
ChequeAmount- 38.00
OOOIOO CORPORATE EXPRESS
27835880 BINDING COMBS o6t15t2011 I 26.13 010653
27882416 PAPER, BINDERS, DRY ERASE BR 06t21120'11 I 279.35 010653
0612312011 229PM
001853 CSINOS FARMS LTD.
21
275.00
GI-ASSES
Cheque Amount- 305.48
PART|AL REFUND OF DEPOSIT 06116120't1 I 933.93 010654
Gheque Amount - 933.93
OOO229 DANCE SEWER CLEANING INC
't2187 oATCHBAS|N, VACUUM FORCEMA 05Ì061201'l I 1,779.75 010655
Cheque Amount - 1,779.75
001854 DA\A/LEY ENGINEERING
1277 QUOTE FOR DRAWNGS, SPECS 06t14t201'l I 11,300.00 010656
Page 1
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 77 of 297
2011.02.01 7 .2 7653 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 061231201'l
0612312011 2:29PM
Cheque Amount - 'l I,300.00
000262 DONNAMCCORD
OO.I9672D CONTACT LENSES o5t11t2011 I 84.00 0',10657
Cheque Amount - 84.00
OOO272 DYNAMIC FLUID PRODUCTS INC
l-111824 HOSES, CRIMPS, UNION o6t2ol2o11 I 156.56 010658
Cheque Amount - 156.56
OOO287 EDISON MUSEUM.PETW CASH
prosram supplies CHILDREN'S PROGRAM SUPPLIES 05t3112011 I 10.17 010659
Cheque Amount - 10.17
OOO297 ELGIN COUNTY PLOWI4EN'S ASSOC
assistance 20'11 MUNICIPAL ASSISTANCE 0612212011 I 200.00 010660
Cheque Amount - 200.00
OOO357 G& K SERVICES CAI{ADA INC
1518707039 sHoP TOWELS , FLORR MATS of,121t2011 I 211.93 010661
Cheque Amount - 211.93
OO127O GORD ROESCH
JTAG Training TRAINING MATERIALS 06t16t2011 I 232.02 010662
poot rentat RETMBURSE FOR POOL RENTAL 0612112011 I 82.00 010662
Cheque Amount - 314.02
OOO391 GREGCOLE
repair work REPAIR WORK ON TANKER 2 061182011 I 85.00 010663
ooo217 IBIGROUP
252551
OO1M5 KIRKBARONS
28
CONSULTING FEES
AMISH BOOKS
ChequeAmount- 85.00
06t1012011 I 5,184.s5 010664
Cheque Amount - 5,184.55
o6t21t2o'11 I 50.00 010665
o6l2ol20't1 I 50.85 010667
06t21t2011 I 259.90 010667
Cheque Arnount - 50'00
001542 LIZ UNDERHILL
canada jamboree CANADA DAY JAMBOREE O5113t2O11 I 500'00 010666
ChequeAmount- 500.00
OOO588 MCBAIN SIGNS & GRAPHIC DESIGN
11988 911S|GN
11996 STREET SIGNS
001852 MERT MCCLINTOCK
Cheque Amount -310.75
Page 2
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 78 of 297
2011 .02.01 7 .2 7653 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register- 0612312011
STAGE COACH RIDES - EDISONFE 06104120'11
Cheque Amount -
06t0312011
Cheque Amount -
061231201'1 2:29PM
452.00 010668Edison Fest
000609 MINISTER OF FINANCE
1435{3-Jun-2011 DEBENTURE200142
000617 MUDFORD FAMILY FOOD TOWN
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
000623 MUNICIPALITY OF BAYHAM
Jun'11 petty PETTY CASH
OO1'43 OTTER VALLEY CHAMBER OF COMMERCE
assistance 2011 MUNICIPAL ASSISTANCE
OO1O24 OTTERVALLEY/PORT BURWELL
assistance 201'l TUB DAZE
OOIO31 PORTBURWELLCOMMUNITY
assistance 20'l I MUNICIPAL ASSISTAItCE
OOO7O9 PORT BURWELL HISTORICAL
assistance 201 I MUNICIPAL ASSISTANCE
OOO733 R&RREFRIGERATION
3294
AA1574 R-S,AFETY
RS1-41820
ANNUAL MAINTENANCE
452.00
2,980.59 010669
101106't3759
101 10616753
101 10619559
101 10620866
101 10623591
10110623972
1 01 1 06251 78
1 01 1 06261 39
101 10626902
0411312011
04t2712011
0510912011
05114120'11
o5t26120'11
05t281201',l
06102120'11
06/06/201 1
06/09/201 I
Cheque Amount -
æt231201',l
Cheque Amount -
06t221201',l
Cheque Amount -
06t22t2011
Cheque Amount -
0612u2011 I
Gheque Amount -
06122J20Í
Cheque Amount -
o6t2a20'11
Cheque Amount -
HYDRAULIC WATER STOP, HARD 0611312011
2,980.59
18.55 010670
9.38 010670
18.36 010670
61.23 010670
12.02 010670
91.02 0,10670
8.38 010670
9.75 010670
8.38 010670
237.O7
163.02 010671
010673
163.02
200.00 010672
200.00
1,500.00
't,500.00
500.00 010674
500.00
350.00 0'10675
350.00
649.78 010676
æ9.78
'139.26 010677
OOO747 REID'S PRE.CAST CEMENT PRODUCT
Cheque Amount -139.26
Page
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 79 of 297
BIG'O', TEES
OOO829 SPECTRUM COMMUNICATIONS LTD
3 MONTHS RENTAL
001786 SPRINGVALLEYAUTO & MARINE
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0612312011
06f2312O11 2:29PM
187.58
78
91
REPAIRLEAKON PUMP
REPAIR PORTABLE PUMP
MUNICIPALASSISTANCE
OOO849 STRAFFORDVILLE COMMUNITY
ASSISTANCE.WATERMELON FES 062201I
OO1O91 TBN DISTRIBUTERS LIMITED
WNDSHIELD REPAIR
OOO89O TILLSONBURG & DR]STRICT
assistance 201 I MUN¡CI PAL ASSISTAI.ICE
001851 TOWNSHIP OF EAST ZORRA-TAVISTOCK
ADAPTER KIT, SOFTWARE
001359 TREASURERE.C.F.P.O.Â
membership dues 2011 MEMBERSHIP DUES
00094ti VAI.¡BREE DRANAGE & BULLDOZING
209138 BARTLEYDRAIN
f00.00
4,486.03 010686
Gheque Amount -
Page
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 80 of 297
000206 CONSEIL SCOI.AIRE PUBLIC DU
June'11 leqy
001270 GORDROESCH
storage & eheldng
æ0552 LONDON DISTRICT CATHOLIC
OOO879 THA¡úES VATLEY DISTRICT SCHOOL
MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Registrer - 061241201 1
Gheque Amount-
SHELVING & STORAGE - STATION æ12U2011 I
000205 coNsEtL scol-AtRE DE DrsrRlcT
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 81 of 297
2011 .02.01 7 .2 7653 MUNICIPALITY OF BAYHAM 06/30/2011 9:274M
Accounts Payable
Royal Bank
Cheque Register - 061301201'l
OOOO33 AGLINE
610878 SERVICE ON MOWER 06t0912011 I 1,608.78 010692
Cheque Amount - 1,608.78
001337 AROUND ABOUT BAYHAM
2U FIREFIGHTER VOLUNTEERS 0612012011 I 65.34 010693
Cheque Amount - 65.54
OOOO75 AYLMEREXPRESS
00001611522 EDISONFEST, OJIBWA o5t2512011 I 122.45 010694
Cheque Amount - 122'45
OOO194 CLEAN HARBORS CANADA INC
3C1152207 |-ARGE TTEtuVHAZARD WASTE DA\ 0512812011 I 11,938.89 010695
Cheque Amount - 11,938.89
0æ212 COUNTY OF ELGIN
tNoo0o31306 poltcE SERV|oES - JUNE"| l 06t1012011 I 62,987.83 0',10696
Cheque Amount - 62,987.83
000218 cuPE LOCAL3s
May remit UNION DUES o6t2u20f I 374.58 010697
Cheque Amount - 374.58
000316 EQUIPMENT CENTRE SIMCOE LTD
T057279 FLOORSAW, ASPHALT BLADE 0612412011 I '131.08 010698
Cheque Amount - 131 .08
OO0r';27 HYDRO ONE NETWORKS INC
Jun00240 - 14793 UTILITIES - GARAGE 0611012011 I 537.16 010699
Jun06571 -,14066 UTILITIES - METER CHAMBER 06109120'11 I 41.15 010699
Jun3275934009 UTILITIES - MILTON&WATERLOO 06109120'l'l I 11.61 010699
Jun50370 -20077 UTILITIES - VIENNA LIBRARY 0610912011 I 167.21 010699
Jun62770 - 20225 UTILITIES - VIENNA MEM PARK 0610912011 I 'l 16.97 010699
Cheque Arnount - 874.10
000446 JACKIE RINGI-AND
Jun15Jul15/11 MANAGER FEES 0612812011 I 791.66 010700
Cheque Amount -791.66
001857 JOHN DEERE FINANCIAL
6201917 V-BELT
6202002 BELT
6202197 R.OLLER
000658 oMERS
May'11 remit 04100 MAY11 REMIT 05t3112011 I 12,266.73 010702
0512712011 I 85.55 010701
0512712011 I 3.83 010701
05!31!201M 70.',!0 010701
Cheque Amount - 259.48
Page 1
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 82 of 297
2011 .02.01 7 .2 7653 MUNICIPALITY OF BAYHAM
Accounts Payable
Royal Bank
Cheque Register - 0613012011
Cheque Amount -
OOO743 RBC ROYAL BANK
Jun4516 050000991 I 9 AMO TORONTO 05t1012011
Jun45'160500 009541 I I CANADA POST - HHì¡/D FLYERS 0511U2011
Cheque Amount -
000660 RELIANCE HOME COMFORT
Jun005 51483742'14837 WATER HEATER RENTAL - MED Bl 0G11312011
Jun0066310304721O18 UNIT RENTAL - E.C.C. 0610912011
Cheque Arnount -
OOO829 SPECTRUM COMMUNICATIONS LTD
0613012011 9:274M
12,266.73
791.00 010703
180.62 010703
971.62
37.75 010704
31.08 010704
0611512011
0611512011
68.83
26-37 010705
95.99 010705
PAPER FEE
o16242498033t23/.901 4 MOBTLE HIGH SPEED
016242498033/6366069 CELL PHONE - B KNIFTON
01 6242498033/6780758 MOBILE HIGH SPEED
o16242498033t67 817 43 MOBILE HIGH SPEED
@1856 TRACEY KINGSLEY
F2011424 PARTIAL DAMAGE DEPOSIT
OOO925 TRILLIUM MILWAY COMPA¡IY
PCK1981 SIGNALS
0000624270
0000624660
001418 TELUS
016242498033
OOO935 UNION GAS LIMITED
Jun27321 061 969754
Jun27321062430725
OVERCALLS, HOLIDAY FEE
ANSWERING SERVICE
uTtLtTtEs - E.c.c.
UTILITIES. PUMP#1
Cheque Amount -122.36
2.27 010706
41.75 010706
30.01 010706
41.75 010706
41.75 010706
0610512011
06t05t2011
06t0512011
0610512011
0610512011
Cheque Amount -
o6t29t20't1
't57.53
122-00 010707
Cheque Amount -
0613012011
122.OO
638.92 010708
Cheque Amount -638.92
95.58 010709
23.36 010709
061161201'l
0611612011
000986 WORKPLACE SAFEW & INSURANCE
'1625314 remit MAYIl REMIT
Cheque Amount -
05t14120't1 I
118.94
2,432.65 010710
Cheque Amount -2,432.65
Cheque Run Total -96,053.97
Page
Cheque Register being Cheque #10611 to Cheque #10710
inclusive, except Cheque #10611 totaling $573,141.52 and
Page 83 of 297
sORW I'IUNICIPALlTY OF BAYHAH
TOT PACKETS -
CURRENT
FEDL TAX 9,4L3.23
NR TAX
PROV TAX
EI CoNT 2,277.76
QPIP
cAN PEN 4,996.48
QC PEN
QC HSF
ON EHT L,403.26
hB HET
NL HAPSET
T0T STATS 18,090.75
cHEQUES 40,372.LO
DEPOS ITS 42,924.9O
US DEPS
DED DEPS
TOT NPAY 83,297.00
RRSP
RTI
ADJUST -DR
ADP CANADA
PAYROLL TECHNOLOGIES
DAILY UPDATE REPORT
COIlPANY TOTALS
ADJUST -CR CURRENT TOTAL
9 ,4L3.23
2,277 .76
4 ,996.4A
L ,403.26
18,090.73
40 ,372 -L0
42,924 -90
83,297.00
t 0 I ,387.75
188.96
24.56
101,60I.25
OF SERVICE CHARGES
YTD ADJUST
ITEH
PAYROLL RUNS
RUN: JUN L4 20LL N0: H
PAGE: 512
HST REG: I00057415 RT0004
COHPANY PAGE: 3
DEBIT DATE: JUN 15, 20II
DATE 0F PAY: JUN 17' 2011
YTD TOTAL
LL6,927 .03 FEDL TAX
NR TAX
PROV TAX
25,280.30 Er C0NT
QPIP
57,587.?8 CAN PEN
QC PEN
QC HSF
L2,97L.65 ON EHT
I'IB HET
NL HAPSET
2L2,736.76 TOT STATS
40,372.LO CHEQUES
497 ,340.2A DEPOSITS
US DEPS
DED DEPS
537 ,7L2.3A TOT NPAY
RRSP
RTI
750,449.L4 TOT PAYROL
2,255.04 SERV CHRG
GST
293.L4 HST
752,997 .36 GRAND TOT
TOT PAYROL
SERV CHRG
GST
HST
GRAND TOT
I 0 I ,387.75
188.96
24 -56
r0I,60r.?5
ITEH UNITS
SALARIED WORKPAYS 20
PAY ADVICE FOLD 69
TOTAL S,/C SUBJECT TO HST IS
TOTAL PAYROLL DEBTT IS
CHARGE
35.00
15. t8
ANALYS I S
I TEH
HOURLY !¡ORKPAYS
COURIER FEE
188.96
UNITS
49
I
CHARGE
80.85
12.00
UNITS
I
CHARGE
47 .93
101,60I.25 DEBIT INFORHATI0N: 003 05I02 I0I19?5
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sORÌ¡¡ }IUNICIPALITY OF BAYHA}I
TOT PACKETS -
ADP CANADA
PAYROLL TECHNOLOGIES
DAILY UPDATE REPORT
CO}IPANY TOTALS
ADJ IJST - CR CURRENT TOTAL
9 ,378.40
2,I92.AA
4 ,975.46
I ,134.65
L7 ,68L.37
42,423.40
42,423.40
60,L04.77
150.99
I9.63
60 ,275.39
ANALYSIS OF SERVICE CHARGES
I TE}I UNITS
RUN: JUN 27 ?OLL N0: D
PAGE: 485
HST REG: I00057413 RT0004
COHPANY PAGE: 3
DEBIT DATE: JUN 28, 20ll
DATE OF PAY: JUN 30, 20lI
CURRENT
9 ,37A.40
2 , L9?.88
4,975.46
1,I34.65
I7,68r .37
42,423.40
42,423.40
60 ,L04.77
I30.99
19.65
60 ,255.39
ADJUST - DR
20.00
20.00
YTD ADJUST YTD TOTAL
126,305.43 FEDL TAX
NR TAX
PROV TAX
27,473.LA EI CoNT
QPIP
62,533.24 CAN PEN
QC PEN
QC HSF
L4,L06.28 ON EHT
IIB HET
NL HAPSET
230,4I8.I5 TOT STATS
40.372.L0 CHEQUES
539 ,763.68 DEPOSITS
US DEPS
DED DEPS
580, T55.78 TOT NPAY
RRSP
RTI
8I0,555.9I TOT PAYROL
2,406.07 SERV CHRG
GST
3T2.77 HST
8L3,272.75 GRAND TOT
FEDL TAX
NR TAX
PROV TAX
EI CONT
QPIP
CAN PEN
QC PEN
QC HSF
ON EHT
I{B HET
NL HAPSET
TOT STATS
CHEQUES
DEPOS ITS
US DEPS
DED DEPS
TOT NPAY
RRSP
RTI
TOT PAYROL
SERV CHRG
GST
HST
GRAND TOT
ITEI{ UNITS
SALARIED WORKPAYS 20
PAY ADVICE FOLD 58
TOTAL S./C SUBJECT TO HST IS
TOTAL PAYROLL DEBIT IS
CHARGE
55.00
8.36
THE ABOVE ANALYSIS
I TEI{
STOP PilT GREGSON CRAI
HOURLY !¡ORKPAYS 18
COURIER FEE I
I50.99
60,?75.39 DEBIT INFORI,IATION: O03
INCLUDES UNCOLLECTED FEES FOR THESE
CHARGE ITEI{ UNITS
29.70 PAYROLL RUNS T
I2.OO STOP PI{T GREGSON CRAIG S
05102 I0lr9?3
PREVIOUSLY PROVIDED SERVICES/ITEIIS
RUN DATE
JUN 22 2011
CHARGE
20.00
CHARGE
47 .93
20.00
UNITS RUN DATE ITE}I UNITS CHARGE
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Page 86 of 297
RELEASE, WAIVER AND INDEMNITY
PLEASE READ & SlcN (one form for each r¡de4
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vclunla{ity srgn thrs agÍeeÍìer ìt,
PLEASE READ AND S'GN THIS FORM,
HEGISTRATION WLL NOT BE ACCEPTED
WITHOUT A VALID SIGNAruRE.
I'lâil re j )l lìciÈr iÞlpasÈ f ú nl)
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Municipality of Bayham
Resolution
Re: Escalatinq Ontario Provincial Police Service Costs
Whereas Municipalities served by the OPP were not involved in contract
negotiations between the Province of Ontario and the OPP staff, which resulted
in significant wage settlements;
And Whereas these same Municipalities are ultimately faced with the resultant
massive cost increases to provide police services to our residents;
And Whereas the average annual cost of living increase over the past 18 years is
less than 2%;
And Whereas Municipalities have reached the limit to what the local taxpayers
can afford to pay in property taxes;
Now Therefore be it resolved;
That the Municipality of Bayham requests the Province of Ontario and the OPP to
reconsider their recent agreement, and include municipalities in contract
negotiations;
And That the Munícipality of Bayham confirm that it will only consider a 2% wage
increase in its 2014 budget;
And That if such reconsideration is not pursued or such reconsideration fails to
reach a settlement satisfactory to all, that the Province and OPP utilize the next
24 months to make plans to cut service levels, including any necessary layoffs, in
order to offset the wage increase of over 14o/oi
And That this resolution be forwarded to Premier Dalton McGuinty and OPP
Commissioner Chris Lewis for action;
And That this resolution be forwarded to Leader of the Opposition Tim Hudak,
Elgin OPP Commander Brad Fishleigh, AMO, ROMA, and all municipalities
served by the OPP for their support.
Refined resolution regarding "Escalating Ontario Provincial Police
Service Costs".
Page 89 of 297
Page 90 of 297
Brenda Gibbons
From: Kyle Kruger
Sent: Thursday, June 30, 201'1 1:14 PM
To: Lynda Millard; Brenda Gibbons
Subject: FW: Estherville
Attachments: lN HONOUR OF THE FOUNDERS OF BAYHAM.doc
For next agenda.
Kyle Kruger C.M.O.
Administrator
Municipality of Bayham
Flom : honor wassing [mailto : eweighand@hoûnail.com]
Sent: June 30,2011 12:39 PM
To: Kyle Kruger
Subjecü Estherville
Dear Kyle,
The Pilgrims of Estherville would appreciate the inclusion of approval for the wording and installation of
the plaque at Estherville Cemetery on the July 7 council agenda. I have attached the final wording as
presented at the June 16 council meeting. The only addition to the copy will be the names of donors and
will include The Pilgrims as a group, not individual names.
As discussed June 30, the application for approval for wording and installation only, not for funding.
The group has decided on the colours to be used for the plaque and the stand. Everything will be
tastefully done.
Your co-operation is greatly appreciated.
Thanks.
Honor Wassing on behalf of The Pilgrims of Estherville
6/30/2071
Correspondence received from the Pilgrims of Estherville
regarding "Plaque In Honour of the Founders of Bayham".
Page 91 of 297
IN HONOUR OF THE FOUNDERS OF BAYIIAM
In memory of Joseph Merríll
In 1835, Joseph Merríll donøted land to the Trustees of the Baplíst Meetíng
House to buíld a church ønd a cemetery.
In the 1960s, headstones and monuments were movedfrom Esthervílle
Cemetery to the present caírn area when díscarded bøses and stones were usedfor
stabílízatíonJïll ølong the Líttle ønd Bìg Otter Creeks. Some heødstones were used øs
paths and patíos ín private gardens, and møny stones cannot be recovered yel
In 2008, the Pílgrìms of Esthemílle begøn locøtíng and retríeving stones whích
were brought home to Esthervílle ín 2010. Unstable bank condítíons prevented
retríeval of all the stones, but those unrecovered wíll not be forgotten
To date, no records ofgrave locatíons høve surfaced, butpreservìng the
artífacts here møy help future researchers locate ancestors ønd lost records.
Thìs project ís a memoríal to the brave souls who settled Bayham, begínníng ín
the earþ 1800s and ís a testament to the sígniJicant contrìbutìons and hístory of the
Píoneers who buílt the areø
The líves of the dead are ìn the hands of the lívìng.
Correspondence received from the Pilgrims of Estherville
regarding "Plaque In Honour of the Founders of Bayham".
Page 92 of 297
I
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June 13,20ll
Municipality of Bayham
P.O. Box 160
9344 Plank Road
Straffordville, ON NOJ 1Y0
FileNo. BA-02-12-1
AttentÍon: Mr. KyIe S. Kruger, C.M.O.
Administr¡tor
RE: Boundariqs Act Survey of the Easterly Boundary of the EsthenÍlle Cemetery
Part of Lot 12, Concession 2, Municipality of Bayham, County of Elgin
Following receipt of your instructions to determine and survey the Easterly limit of the
Estherville Cemetery in Lot 12, Concession 2 of the former Township of Bayham, forthe
purpose of making a Bounda¡iesAct application to confirrn the true location of the
boundary, I provide you with the following report.
TIIE SITUATION
The lands registered under PIN 35322-0265 fo¡m what is known as the Estherville
Cemetery and are registered to The Trustees of the Baptist Meeting House. According to '
the legal description the lands contain 0.9 Acres. The lands immediately to the East
registered under PIN 35322-0128 and þing between the cemetery and the former
Highway l9 (Plank Road) are registered to Alice Elizabeth Csinos. According to its
description it contains 0.91 Acres.
A few years ago, Ms. Csinos made application to build a bam on he¡ land. This caused a
citizen's group to be formed, called the Pilgrims of Estherville. This group claim that the
Csinos lands a¡e in fact part of the ce,rnetery and that À¡fs. Csinos does not own the parcel.
Ongoing objections by this group have led to the munícipality wanting to determine the
Easterly limit of the cemetery lands and have the location confimred under the
Bounda¡ies Act.
ARCHIEÄtD, GRAY & fIICKAY+{af-8- !
3514 White Oak Road, London, 0ntario Canada N6E 279 I Iel (519) 685-5300 / Fax (51S) 685-5303 / agmlon@agm.on.ca / www.agm.on.ca
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 93 of 297
TITLE RESEARCH
1. ORIGINAL CROWN GRAI.{T
The oríginal crown grant or patent for Lot 12, Concession 2 was granted in 1812 to
William Stanton for 200 Acres. Subsequent to that, in deed MIDDI69, registered
November 4, 1816, all of l.ot 12, Concession 2 was acquired by Joseph Merrill.
2. PIN 35322.0265 _ CEMETERY LANDS
By deed MGR2778, registered December 21't 1835, The Trustees of the Regular Baptist
Chr¡rch at Bayham acquired a parcel ûom Joseph Merrill measuring 264 feetin width by
99 feet in depth on the West side and 198 feet in depth on the East side. There is no
subsequent deed regisæred for this parcel.
From the description found in MGR2778, the parcel was clearly set out on the ground
(probably by a suweyor), as the two front corners and the Northwest rea¡ corner are
stated to have a post at them and the rea¡ Northeast comer has a stone at it. The a¡ea
stated in the description of 3 roods and 20 perches convert to about 0.9 Acres. This
accu¡ate unit of measure.also indicates that a surveyor probably originally surveyed the
parcel on the ground. The description does not tie the parcel to a lot comer or to the Ptank
Road.
3. PIN 35322.0128_ THE CSINOS LANDS
The original deed for these lands was granted to David Merrill from the eldest son of
Joseph Menill by a deed registered as MIDD7697 onSeptember 18, 1845. The
description starts at Plank Road and goes Westerly (no distance given) to the "lands
deeded to fhe Baptist Chr¡¡ch". The description states an a¡ea of 3 roods atd25 perches
(about 0.9 Acres) and states a depth of I chain 75 links (l15.5 feet).
David Merrill then conveyed the parcel to Cha¡les e. pelton by a deed registered as
nnmber 2169 onJune 14ü, 1859. The deed description also starts at Plank Road aid goes
rWesterþ (again no distance giveÐ to the "lands deeded to the Baptist Church". However,
it states a depth of2 chains and 50 links (165 feet) and an area ofl acre and 20 perches
(1.12 Acres), which is slightly bigger than the previous deed, although the title abstracts
do not show that Davíd Merrïll acquired any firther land. The deed description does strate
however that its Nonhwesterþ comer is the reaÍ corner of the church lands.
Page 2 of8
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 94 of 297
There are numerous transfers of this parcel that use the exact same deed description as
found in Inst. No. 2169 up until 1944 when The Green Lumber Company Limited
conveyed the parcel to Glennville Wilson. firen by a declarationregistered as Inst. No.
29595 on October 16, 1953, where Casper O'Geil claims that Glennville Wilson sold him
the parcel, the description changed. It now used dimensions that can be found on the
Highway widening plan registered as Plan D46 (MTO Plan No. 791'14 dated December
zft,7934).It should be noted that the last paragraph of an agreement attached to Inst.
No. 29595 indicates some question of Glennville Wilson's title to the lands (appears to be
due to back ta¡res owing).
Further title issues existed during subsequent years due to non-payment of tæ<es until
Reference Plan l lR-157 was prepared in 1973 for a conveyance to Emest and Evelyn
Sage who then conveyedthe parcel rn1974 to Robert Csinos. Sub'sequent conveyances
ended up with the parcel in Alice Csinos' name.
4. PIN 35322-0305 _ ADJOINING LAND TO THE NORTH
i*
"o.
2837 taloseph Menill the second registered in 1852, staæs tfrat tfre parcel is
bounded on the South by parcels belonging to David Merrill and the Baptist Chrnch,
thereby recognizing the two separate parcels. The current dee{ Inst. No. E,145370 does
tlre same.
RELEVANT SURVEYS
l. Highway wideningplan registered as Plan D46 (MTO PlanNo. 1917-4 dateÅ,
December 21"t,!934)i
The plan widened the Plank Road throughparts of Lot 125 Concession I
and Lotq 12,13,14 and 15 Concession 2. In the course of surueying üe
widening inthe Southeast coÌner of Lot 12, Concession2, thehighway
surveyors measured out the parcel that is now in Alice Csinos name. At
that time it was owned by The Green Lumber Company. Of interest, the
survey accurately measured the location of a wire fence marking the limit
between the Baptist Church Cemetery and the lands of the Green Lumber
Company. Because of the depth discrepancy in The Cheenlumber
Company deed (as previously outlined), the highwayplan shows, "owner
unknown" for a small sliver of land immediately North of The Green
Lumber Companyparcel.
Page 3 of8
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 95 of 297
Plan 11R-157:
This Reference Plan, prepared by John F. Westoru OLS in May of 1973
surveyed the Csinos parcel and labeled it as '?a¡t 2" onthe plan. It held a
wire fence forthe limit betweenthe Baptist Chwch Cemetery and the
Csinos lands as the common deed line, with similar measurements to it as
can be formd on MTO Plan79L7-4. It also held a wire fence to ma¡k the
North limit of the Csinos lands.
Plan 11R-1780:
In the course of surveying a'?art" across the Big Otter Creek, this
Reference Plan" prepared by Donald I. Houghton, OLS in February of
1979, established the limits of the road allowance between Concessions I
md2.It established the road allowance limits in accordance with Plan
llR-157.
Plan 1lR-8375:
This Reference Plan prepared by Kim S. Husted, OLS in August of 2005,
suweyed for furtlrer widening along the West side of the Plank Road,
North of Part 2 of Plan 11R-157. It esablished the No¡th limit of Part 2 in
accordance \Mith Plân I lR-l 57.
PI.]BLIC MEETING
A public meeting was held on April 27th ,2011 to learn of any knowledge or evidence that
people may have for the boundary in question.
Forr inærvie\rys \ilere held as follows:
l. Honor Wassing Harris Teal and Wanda Hoshal from ttre Pilgrims of Estherville
group;
2. Mae Iæonard, a dowser who appeared to be speaking on behalf of the Pilgrims of
Estherville;
3. Mary Craig, wbo did some Regisry Office research onbehalf of the Piþrims of
Estherville, and;
4. Mark Taylor and Tom Southwick ûom the municipal council who also seemed to
be speaking on behalf ofthe Pilgrims ofEstherville.
All of the informatíon provided by these people either claimed that all of the Csinos lands
were totally part of the ce,metery lands or that a good portion of the Westerþ side of the
3.
4.
Page 4 of I
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 96 of 297
Csinos lands were part of the cemetery leaving a small slive¡ of land for the Csinos'
be¡peen the cemetery and the highway.
OTHER EVIDENCE
l.Information that the Municipalþ has provided indicates that in 1967, as a
Centennial Yearprojec! a Committee was formedto clean up the Estherville
Cemetery which had apparently been abandoned by the Baptist Church and had
not been used for a very long period of time. A letter dated luly 25h,1967 from
Frederick K. Ashbaugh (clearly a member of the Committee) to the Municipal
Clerk suggested that the cemetery stones would have to be moved and placed
somewhere while earth works were done to level the cemetery grounds. He
inquired about who owned the 1 Acre sorner parcel and whether the stones could
be placed on it. He drew amap to accompany the letter showing the cemetery
parcel and the corner 1 Acre parcel and asked'\pho owns this section". Someone
has written on the map "C. O'Geill oumeC' and "forrrerly Glen Wilson Est.".
The Municþalþ provided a copy of an Archaeological Assessment of Part 2 of
Plan l1R-157 (Csinos lands) that was done by Mayer Heritage Consultants Inc. in
October of 2008. This assessment was done prior to issuing a building permit to
the Csinos for their bam for the purpose of determining if any graves were present
within the footprint a¡ea where the barn was to be built. The report indicates that
no grave shafts of othe¡ cultural featues were observed over the area where the
newbam was to be built.
CONCLUSIONS
1. From the Registry OfÏïce research worþ it is clea¡ that there a¡e two parcels of
land inthe Southeast corner of Lot 12, Concession2,the Cemeteryparcel of 0.9
Acres and the Csinos parcel of 0.91 Ac¡es. The Registry Ofüce resea¡ch also
shows that there has never been a common owner of these two properties.
The cemetery parcel has its roots in the only deed that was regisûered for it Inst.
No. MGR2778, registered in 1835.
The Csinos parcel has a contínuous sfring of title deeds that go backto its first
creation in 1845 by Inst. No. MIDD7697. /.J.lof the early deed descriptions for
the parcel state that it contains 1.12 Acres. When measured today the original
parcel contains the current 0.91 Acres, plus the pieces taken for widening of 0.14
2.
Page 5 of I
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 97 of 297
Acres and 0.05 Acres respectivel¡ for a total of I . l0 Aues, very near the size
stated in the early deeds. As well, all of the Csinos parcel deed descriptions going
back to 1845 state that its Westerly boundary is the limit of the Cemetery.
Coupled u¡ith all òf this is a statement found in the early deed of the parcel to the
North that states that it is bounded by two pariels South of its South boundary
(obviously the Cemetery parcel and the Csinos parcel).
CONCLUSION: There is and always has been two separate parcels...the
Cemeterypa¡cel and the Csinos parcel;
2. F¡om information received from the Pilgrims ofEstherville group at the Public
Meeting, it is clear that they strongly believe that there are graves over the Csinos
lands and therefore the Cemetery extends overthe Csinos property either all the
way to Pla¡k Road or most of the way to it, depending on the particular Pilgrim's
belief.
Cont¡adicting this evidence is tlre fast that the A¡cheological Assessment did not
find any evidence of graves or other cultural features within the fooprint of the
Csinos' bam. Further to this is the letter to the muicþal clerk in 1967 from
Frederick K. Ashbaugh where he is asking about who owns the I Acre corner
parcel. In the letter he states that he is looking for a place to temporarily store
graves stones while they graded the cemetery grounds. Itseems logical to
conclude that ifthere ìryere grave siones erected and standing in place on the
Csinos lands then it would be obvious to him who owned the land.
CONCLUSION: Even though the Pilgrims are very strong in their belief
thatthey have good evidence of graves existing onthe Csinos lands, I find
that it is not concrete enough to override the two contradicting facts that
there were no graves found by the Archeologist within the area of the barn
fooþrint and that Mr. Ashbaugh clearly did not see any gravestones on the
Csinos lands in 7967.T\e stongest piece of evidence that the Pilgrims
presented was a photogaphtaken from somewhere in the cemetery,
looking East towards Pla¡k Road. It shows two boys at a gravestone. They
claim tbat the road in the background of the photograph is very close to
the boys and the gravestone. I disagree and feel that the depth from the
boys to the road is ha¡d to perceive in the photo.
3. Goine back to 1934 when Plank Road was widened by MTO Plan P-1917-4,there
is very stong evidence that a wire fence stood on the line betweenthe Cemetery
parcel and the Csinos parcel. This fence is again shown onPlan I lR-157 in
almssf the exact same location as shown in Plan P-1917-4. The chain link fence
that we measured to today is also very close to the location ofthe original fence.
Page 6 of 8
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 98 of 297
4.
CONCLUSION: Since prior to the highway survey of t93 4 there was no
evidence found in the deed descriptions (or from anywhere else) of the
looation of the Easterþ cemetery boundary, relative to the limit of Plank
Road or the Southeast comer of Lot l2,the wire fence shown and
measured in 1934 on Plan P-7917 -4 and the related field notes are the best
evidence of the original location of the Easterly limit ofthe Cemetery. The
highway surveyors show this fence as a "wfue fence". Inl973 Mr. Weston
also showed the fence as a'lvire fence" on his Reference Plan l lR-I57.
Today we find a chain link fence that has been in place for a long period
oftime in the same location. Since surveyors usually make a distinction
between a "wire fence" and a'schain link fence", it is felt that the wire
fence that Mr. Weston saw in 1973 is probably the same wire fence that
the highway surveyor saw. Sometime after 1973 the chain link fence must
have been built, concluding that from at least 1934 to the present there has
been a fence on the bourdary.
The limits of the road allowance between Concessions I and 2 we¡e first retraced
by the 1934 highway sr¡rvey shown on Plan P-19174. The field notes show that
the suweyor went across Big Otter Creekto the road allowance between Lots l0
and I I to establish the limits. The same road allowance limits were later retraced
bythe surveyors who produced Plans llR-157 and 1lR-U80. Their location
differs from the highway surveyor's in that they held a piece of road fence on the
North side of the road, somewhere East of Big Otter C¡eek and did not go all the
way to the Lot l0/11 road allowance in search of evidence.
CONCLUSION: The limits of the road allow.ance between Concession 1
and 2 should be retaced using Plan P-1917-4 as it is felt that the highway
surveyor used better evidence to retace the limits.
The limit between PIN 35322-0128 and PIN35322-0305 was retraced by the
highway surveyoñ¡ in 1934 and shown on Plan P-1917-4. They used the wire
fence that existed in that day to define the limit, Similarly, Plan l lR-l57 ret¡aced
the limit using a wire fence that existed tî 1973 to define the limit. Both swveys
use the same point at the road limit but at the comer of the cemetery the
difference between the two limits is about 6 inches.
CONCLUSION: There were two old wood fence posts still standing along
ttre limit which fit the highway surveyor's establishment better so the
angle shown on the highway field notes and on Plan Pl9l7-4 should be
held to establish the Northerly extent ofthe boundary in luestion.
5.
Page 7 of8
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 99 of 297
FINAL DETERMINATION
From all of this evidence, I have determined that there are two parcels along Glen Erie
Line inthe Southeast corner of Lot 12, Concession 2 of Bayham Township. One parcel
being the Cemetery parcel and the other the Csinos parcel. I have also determine.d that,
since at least 1934, there has been a wire fence that has stood on the line between the two
parcels. I have fi¡¡ther deterrrined that the best available evidence of where the original
boundary was set on the ground is the location of the wi¡e fence as stweyed by the
highway surveyots inl934. The Easterly limit of the Estherville Cemetery was therefo¡e
so established and a one inch square steel survey monument was set in the groimd at each
comeÍ. Each monument is painted and clearly ma¡ked in the field by a wooden marker.
It should be noted that, as an Onta¡io Land Sun'eyor, I am not licensed to determine the
actual ownership of a parcel. I can only determine if a boundary exists and where its
location is to be found. Therefore, I make no findings of the actual ownership of either
the Cemetery lands or the Csinos lands.
Enclosed are 6 copies of AGM Plan No. 9-L-3878-Zwhich shows the detail of the
survey. The plan has been prepared as a Bounda¡ies Act plan and is suitable for an
application under the Boundaries Act to have the line confirmed as surveyed.
Enclosed is our account for the report and survey of this boundary. I tnrst you will find it
in order. If there ar€ any questions or comments about either the survey or the account
please don't hesitate to contact the undersigned.
In the meantime, we thank you very muoh for using the sewices of AGM Surveying &
Engineering. It has been very much appreciated.
JDA:
Encl:
f,þrojectslblbayhanþa)\balba-02lba-02-I2lba-02-12-llsurldocuments emailLsurvey report.doc
Yours truly,
Onta¡io Land Suweyor
Page 8 of I
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 100 of 297
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S URVEYIHE . EHGIilËEAIilE
Bv Email Onlv ß paqes to kkruqef(Abavham.on.cal
February 11, 2011
Municipality of Bayham
P.O. Box 160
9344 Pla¡k Road
Stratfordvilie, ON NOJ 1Y0
Attention: Kylc S. Kruger' C.M.O.
Administrator
RE¡ Estherville (Olil PortBurwell) Cemetery
Part of Lot 12, ConcessÍon 2 (Twp. of Bayham) - Municipalþ of Bayham
Pronosal for Boundaries Act Survey of fhe Easterþ Boundqy-
Kyle, thank you for meeting with me on February lil and outlining the background for the issues
invoft,ed with the location of the Easterþ boundary of the Estherville Cemeæry and providing
me with associated material from yow files. It has given me a full understanding of what will be
involved ín doing a Boundaries Act Suwey to determine the t¡ue location of the boundary in
question.
I have ,'eviewed the material and provide you the following sunmar1'of the stages involved wilh
the sur:vey and an estimate of the fees for each stage.
Research
Our research will include the following:
I . A full Land Registy Offrce search of the title for both the Cemetery property and for the
property to the Easf (Csinos). The search will go right back to the Crown Patent and will
inciude a reníew ofthe deed descripions for both properties, right from the very first
deed for each.
2. A search for all legal surveys in the vicinìty of the properties, including plans, field notes
and reports, This will include all surveys forHighn'ay 19 and all private surveys.
3. A detailed review of all mate¡ial provided by yourselfl
4. A meeting at the municipal offices with any interested parties, This can be facilitated by a
public notice issued byyou as Administrator, inviting all interestedparties to appear at a
ãesignated time. These people'would be requested to coutact you for appointments and a
schedule rvill be made for 20 minute interviews each, befir.een me and the party'
Estimated Fee -lus $300 IIST
AÊCHIBA[0, GBAY t McKÁY
SS'l4WhiteOakRoad,London,ontartoCanadaNoE2Zg /Tel (519) 685-5300 / Fax(519)605-5303 / agmlon@agm.on,ca/ www.agm'on,ca
Page 1 of3
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 102 of 297
Preliminary Survey
The preliminary survey will include a field survey to measure and review the ground evidence
and to establish the boundary on the gound. This establistunent would come about after a full
review and assessment of all evidence gathered, both from the research stage and from the
ground evidence rneasured. the location established would be the one that I am prepared to
defend in a Boundaries Act submission, A plan would be prepared showing the boundary
location, the fences, the Csinos' bam and the stone cairn. It would also show all evidence that
was used during the course of the survey,
A report will be prepared of the suwey and the report and the plan (being a draft of the
Boundaries Act Plan) will be delivered to you with averbal explanation of our findings'
Estim¡ted Fee -S50fl disbursements, Plus HST
Boundaries Act Application and Hea¡ing
It is very difficult to estimate the fee involved here. After the submission of the application and
plar¡ the Ministry will ci¡culate the diaft Boundaries Act plan for comments and objections. ff
there æe no objections then there will not be a hearing so the cost wÍll be much less. A very
rough estimation of what the fees may be is as follows:
Our fees fo¡ all of our work will be based on the actual time and disburseménts that will be
incuned at each stage, Our hourly rates are as follows:
Field Crew - $145.00/hr
Researching, Calculatinglc[D Drafting - $ 86.00/hr
Ontario Land Suweyor - S160.00/hr
Disbursements - at cost
Estimate of Fees for Application -$11300' plus $250 disbursements, plus HST
Estimate of Fees for HearÍng Preparation -$1p80/ila¡ plus disbursements, plus HST
Íto2 d¡ys anticipated)
Estimate of Fees for Ilearing Attendance -$1r280/day, plus disbursements' plus HST
ft to 3 devs anticinated)
Page2 of3
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 103 of 297
Kyle, from our conversation at our meeting I realize that the total fees estimated here is a fair
amount higher than you anticipated. As you can see from my CV attached,I have had quite a bit
of experience u'ith Boundaries Act and Land Titles Act surveys (both are quite similar and
usually involve hearings). From this, I believe that my estìmate of the time and disbursements
that will be involved with this suryey is quite realistic.
I thank you for the opportunity to provide this sun'ey proposal. Should you have any questions
pleæe don't hesitate to call.
In the meantime I look forwa¡d to heæing back from you. If you would like us to proceed please
sìgnback below.
Yours truly,
Archibald, Gray & McKay Ltd.
I :lDocVÐ,4lESTI MATEIBryh an - Es thuv il I e Cent¿te¡y est. doc
I autlrorize Archibai{ Cnay &.McKay
Ltd. to proceed.
MunicÍpality of Bayham
Per: Kyle S. Kruger, C.M.O.
Administator
J. D. Annable
Ontario Land Surveyor
Page 3 of3
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 104 of 297
PROFES SrOr:fAL C URRr CULUM VrrAq
JEFTREY DREW AIYNABLE
Ontarío Land Surveyor
PBOX'ESSIONAL PROF,TLE
¡ Commissioned as an Ontario Land Surveyor on June 24,lg77 by the Association of
Onta¡io Land Surveyors;. Employed by Archibald, Gray & McKay Ltd., Ontario Land Surveyors:
Pa¡ttime from 1965 to 1971, while attendinguníversity;
Full time froml972 to the present;¡ Became sbareholder andpartner ofArchibald , Gray & McKay Ltd. October 72,197g;r Served on the elected Boa¡d ofDirectors (known as the Council) of the Association of
Ontario Land Surveyors from l99lto 1997;¡ P¡esident of the Association of Ontario Land Suweyors for the t995196 tetm;o Served on various Committees of the Associatiou of Ontario Land Sunrvyors:
past member Planning for professíonal Development Committeeì- past member Standards TaskForce
past member Role of the Suweyor Committee
past member Standards Committee
pastmember and chairperson of the Fees Infomration committee
past member Practice Advisory Committee
past assistant to the Academic and Experience Requirements Committee
past member Public Awareness Committee ,
past member Nominations Committee
cunent member Discipline Committee
cunent Chair of the Annual Meeting Committee;¡ P¡ovided seminar paper on "The Surveyo¡s Dilemma" - (the subjeot of conflicting
evidence when determinirg a boundary) to the members of the Association of O¡rlario
Land Surveyors at their 1984 Abnual Meeting;¡ Lectured on behalf ofthe Association of,ontario Land suweyors to:
sfudent surveyors
survey technicíans
Fanshawe College law clerk students
Sfudent lawyers at the Bar Admíssion cor¡rses provided in London, Ontario;o Current membet, past director and Chairperson of the Soufhwestem Regional Group
Chapter ofthe Association of Ontar.io Land Surveyors;c completed business management cou¡se provided by Unique Management Consultants;o completed business management and marketing course provided by W.A. Gilbert &
Associates;
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 105 of 297
Attendetl væious semi¡ars presented by the Association of Ontario Land Suweyors about
legal and technical surveying as well as survey business matters;
Cur¡ent member and Past President ofthe Rotary Club of London - Lambeth.
As well as the nor¡nal cadastral and technical surveys that are done on a daily basis, the
foilowing court action surveys have been completed:
¡ Boundaries Act surveys âon" on all of the municipal streets for the Tolvn of Bayfi.eld in
Hr¡ro¡ County, whicbincluded numerous publio meetings to resoh'e issues. This project
was staged in sections and completed over a 3 to 4 yeæ period in the early 1980's to
accomrnodate budgets;r February 1981, Boundaries Act #BA-1847 - Éurveyor and expert witness at a hearing on
behalf of The Township of Westnrinster who'was objecting to the limit of a road
allowance that was the subject of the applicalion;
r Januarf¡ 1983, Bounda¡ies Act #P,A-203g - suryeyor and expert witness forthe applicant
who was having problems with a neighbour over a boundary in Aylmer;
¡ Novernber, 1983, Boundaries Act#BÃ-2102 - surveyor aad expert w{tness for the
applicant who was having problems with aneighbouf over a boundary in Granton;
. Siptember, 1985, Boundaries Act#BA-2229 - surveyor and expe{ wifrlss f9r the
uppti*nt who was having problems with a neighbour over a boundary in London;
. April, 1993, BoUndaries Aot IIB^-2537 - surveyor and expert witness for the applicant
*io wu, having problems with aneighbour over aboundary inlambeth;
¡ Septemb er, lgg1,Bouhdaries Act # BA-2553 - suweyor and export wiüress {--fu
objector who was having problems with a neighbour over a boundary in Lambeth;
. Aprit, 1997, Referen". Þtun # ¡gR-12900 - surveyor and expert witness for the applicant
for a Land Titles Hearing over a section of disputed land in the Township of Catadoc;
r September,200l, Reference Plan # 33R-14700 - surveyoraüd expert witness for the
applicant for a Land Titles Hearing over a srip of dispgted land in London;
o October, 2011, - surveyor and expãrt witness fo¡ an objector for a Land Titles Hearing
over a stuip of disputed lzurd in Port Stanley
2
Correspondence dated February 11 and June 13, 2011 regarding
"Estherville Cemetery AGM Report".
Page 106 of 297
,1
CORPORATION OF THE MTJNICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT : County Road Maintenance Agreement/Funding
DATE: June 28, 201I
FILE: L04
NUMBER: PrW2011-08
Purpose
This report is to provide comment on County of Elgin reports regarding a new Road Maintenance
Agreement and regarding a request from certairLareamunicipalities for inclusion of a fuel surcharge.
Background
As Council is aware, within the County of Elgin, local municipalities carry out the maintenance of
roads under the jurisdiction of the County, and in return receive funding for such maintenance. The
County continues to set minimum maintenance standards, and retains responsibility for all capital
works and requirements. These arrangements are set out in the Ministers Restructuring Order effective
January l, 1998. Some clarification of this relationship was established via an agreement between the
County and each area municipality, completed in the case of Bayham in 2003.
Current Funding
Under the current arrangements, the County of Elgin determines the compensation for area
municipalities based on a rate per km of County road maintained. Since 2000, the rate has
appropriately been higher for higher classified roads. The rates have typically been adjusted annually
by the CPI.
Compensation Review Committee
In 2010, a steering committee comprised of County Engineering staff along with two financial staff and
two roads department staff from area municipalities was established, to review compensation to the
area municipalities for County road maintenance. This Committee met through 2010, and according to
members of the Committee, the majority of discussions was regarding establishing a compensation
method on a unit price basis vs. the current lump sum. Under such a model, a unit cost would be
developed for each service which would be paid by the County upon proof of completion of the works
(i.e.: $x to complete a sign replacement). Concerns remained with winter control, however discussions
were on-going. The Committee did not meet during the election period in the fall of 2010 due to the
inability of the County and several local municipalities to implement any potential changes, but did
eventually reconvene in May 2011. At that time, the committee was presented a draft report from
County staff recommending that municipalities continue to be compensated on a cost per kilometer for
County road maintenance as is currently in place, and that the allocation for class I and 2 roads be
examined. The report was presented to County Council, and direction was given that the report be
circulated to areamunicipal Councils for comment. A copy of that report is attached.
Fuel Surcharge
At the same time, several area municipalities have approached the County to consider a fuel surcharge
to address the impact of on-going fuel price increases. The resultant County staff report suggests that
the annual adjustment to compensation rates by the annual CPI addresses inflation, including fuel
prices. That report has also been circulated to area municipalities for comment.
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 107 of 297
Staff Comments
Funding Model
Depending on the details in a new agreement with the County, staff opinion is that either funding
model put forward by County staff can be accommodated, though there are questions regarding the
level of oversight the report suggests is necessary for an invoice system. It seems the oversight is well
beyond what is the norm for any contracted service. Also, concems in regard to the overall agreement
and clarity of maintenance requirements, as well as the basis for current compensation remain. Initial
discussions that led to the Committee being formed were relative to the compensation rates, and the
type and level of expenditures that would be appropriate, including items such as insurance, insurance
deductibles, facility maintenance and other overhead, etc. were properly accounted for. At this time,
there seems to be inconsistent treatment of such costs.
As Council is aware, in the last couple ye¿ìrs, Bayharn is showing a significant deficit relative to
County road maintenance. This is at least in part due to more thorough delineation of costs (such as
patrolling) as County road maintenance expense. County staff suggest in their report that over the past
number of years, there has been a surplus in payments to local municipalities for road maintenance.
Bayham staff contend that this may not be reflective of the actual situation. Bayham and some other
area municipalities had historically only accounted for direct costs for County road maintenance. No or
insufhcient consideration of indirect costs, such as patrolling, inspections, and overhead has been
accounted for historically. It is noted that the County staff report recommends examining the costs of
Class 1 and 2 roads. There is no explanation of the reasoning for examining only these classes. Staff
suggest similar examination should be carried out for the remaining road classes as well.
Lastly, staff understand that Central Elgin has also expressed interest to the County to assist in a pilot
project for a unit cost system. Supporting the County and Central Elgin pursuing such a project may
assist in a long-term examination of the funding system.
Fuel Surcharge
County staff also report on the request from some area municipalities regarding a fuel surcharge.
County staff suggest that the compensation over the years has resulted in a net surplus, and also that the
annual adjustment to the compensation rate by the CPI adequately addresses fuel cost increases.
Staff note the earlier assertion that the historical numbers regarding compensation may not truly reflect
the actual situation. Additionally, staff note that the CPI is a measure of impacts of inflation on a
family/household, and is not reflective of the impacts of inflation on a "construction" service as is
being provided for County roads. Staff at Central Elgin have undertaken some review and consultation
regarding the application of the CPI. It can reasonably be argued that the impact of fluctuations in fuel
has far greater impact on the construction industry than on family households. Fuel use is a major cost
input for road maintenance services, and products such as aggregate production and delivery also have
high fuel input costs. Central has suggested using the Construction Price Index for annual adjustments
instead of the Consumer Price Index, as it is more reflective of the inputs for road maintenance
services. The Construction Price Index is the common method of adjusting items such as development
charges. Use of this index may then negate the need for a fuel surcharge.
Attachments
1. County of Elgin Report - New Road Maintenance Agreement
2. County of Elgin Report - Fuel Surcharge Request
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 108 of 297
Strategic Plan Goal(s)
Goal #1 - Practice responsible financial management
Goal#2 - Ensure reliable, well maintained and secure infrastructure
Recommendations
l. That Council advise the County of Elgin that the Municipality of Bayham can accept either funding
model outlined in their report regarding a new road maintenance agreement.
2. Thatthe County be requested to examine the current allocation for all classes of roads.
3. That Council recommend to the County of Elgin that annual adjustments to compensation rates for
road maintenance be adjusted by the annual Construction Price Index.
4. That Council advise that it is supportive of a pilot project, as offered by the Municipality of Central
Elgin, to examine compensation on a unit price basis.
y submitted,
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 109 of 297
REPORT TO COUNTY GOUNCIL
FROM: Peter Dutchak, Deputy Director of Engineering Services
DATE: May 18,2011
SUBJECT: A New Road Maintenance Agreement
INTRODUCTION
As directed by Council on the May 26rh,2OOg meeting, the County Solicitor has
prepared a draft revised Road Maintenance Agreement' A staff led Road
itÍaintenance Agreement Team comprised of the Treasurers from the Townships
of Malahide and Southwold, the ioad Supervisors from the Municipalities of
central Elgin and west Elgin and county staff, have met with the county solicitor
to discusé reimbursemeit rates, aitivities and processes' This report
recommends a methodology to finalize the new agreement'
DISCUSSION
Since the fall of 1g98, road maintenance activities for the County of Elgin have
been performed by Eigin's local municipal partners under a formal agreement.
Municipalities are' coñrpensated for maintenance activities with lump sum
payments, 6 times annuály, based on the length and class of road maintained.
The existing maintenance agreement has expired as of December gfi,2010 and
therefore must be renewed-. Also, subsequent to the Hipson lnquest, a fatal
accident which lead to a number of recommendations to improve safety, County
Council directed the County Solicitor and staff to complete a number. of items to
be incorporated into a revised agreement with municipalities. Although the
Coroner's recommendations have álready been incorporated into practice, they
are not formally addressed in the preseni maintenance agreement and must be
incorporated.
The following items have now been included in a revised Road Maintenance
Agreement:
1. More detailed specifications of service requirements'
2. Clarification oi inspection requirements and duties, including joint
quarlerlY insPections.
3. ilarify rêporiing requirements, including a reporting mechanism in relation
to deficíency idéntified during joint inspections and activity summaries.
4. lnvoicing and bonus paymênt mechanism conditional upon municipal
fulfilment of performance and reporting requirements'
5. Develop compensation rates for the new system'
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 110 of 297
ln addition, Council directed staff to hire one staff person to administer the new
invoice, inspection, repoding and payment approval system once implemented'
The main difference with the new draft agreement is the principle of
compensation, using a full invoice system. Current compensation is delivered in a
lum[ sum amount r,í¡tfl tt'''" expectation of a delivered seruice. The new proposed
format compensates the municipalities on a per unit basis per maintenance
activity. The revised system intends to compensate municipalities for work
.orpl.t"d and places budgetary risks with the county. simply put, if the
municipality completes a tasi, then the municipality will be compensated for that
task. 'However, the corollary is also true as an incomplete task will not attract
payment.
Challenges with an Invoice SYstem
Under an invoíce, or, pay-as-you-go system, municipalities would invoice the
County monthly for all activities performed, usíng prescribed rates.
While an invoice system is fair, it will take far more effort to operate than the
current system. For instance, winter control, that accounts for approximately sixty
percent ôf maintenance spending annually (+/- $1,650,000), will have to be
iracked very accurately and specifically. Each municipality will have to document
and justify each truck's operating time (gate to gate) and meas.ure salUsand
qrrniiti"r'for each storm event. The munìcípality will be reimbursed the following
month once they invoice the County for exactly what was done the previous
month. The prinóiple of the new formula is intended to compensate municipalities
for all additional costs incurred to operate the new system.
Another example of the potential complexity of the system is signage. Thousands
of different types of road signs exist and various maintenance aciivities are
completed on if'em. A sign may be simply straightened after winter activities, or
replaced if it is worn or damaged. There are steel posts with small signs or large
signs wíth wooden posts thai would require utility locates to install' Some sign
rãint"n"nce activities require one person and 15 minutes of time and other
activities require pre-planning, traffic control, equipment, 5 persons and a couple
of hours to complete. The rañge and scope of activities will require many difterent
rates of compensation that still may not fit all scenarios.
The new accounting system may take additional effod on both the municipality's
and the County's pãrt U"p"nding on the system already in place. When fully
implemented, the bounty will require an additional stafl person to monitor the
activities, ensure due diiigence/follow up and approve monthly invoicing' The
estimated cost for a full time County employee plus vehicle is $100,000 annually.
Another item of potential concern for municipa cash flow'
Under the current system, lump sum payme nicipalitíes
regardless of the workload. Under the propo s are onfy
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 111 of 297
compensated after work is completed. There may be instances where less
County road work is required lmitO winters), or when municipal forces are busy
with oiher local projects and therefore are not completing or delaying non-urgent
tasks on County róads. ln those instances, municipalities would only receive
minimal operationalfunding for patrols, etc.
On the other hand, if conditions dictated extraordinary maintenance work on
County roads, the iounty would experience unbalanced budget expenses. This
possib-ility will be "*p"nréd
through a County road maintenance contingency fund
already established.
lnvoice System and Level of Service
Under the existíng compensation system, municipaiities are able to manage their
operations and piovide services to a level their councils see fit, as long as they
remain within the allocation provided and maintain minimum standards. A full
invoice system will dictate the level of seruice to be completed to meet the
minimum maintenance standards only. For example, some municipalities
complete ¡ne grass cutting around residential areas several times per year. The
propbsed system will speıify the frequency and. widths to cut annually and only
äorp"nrrté tor those äctivities. Additional activities beyond *l9l the contract
rp"rifi.r will be not be reimbursed by the County. lf municipalities choose to
exceed the level of service identifieó by the contract, it will be at the local
m unicipality's expense.
lnvoice System and Winter Gontrol
Municipalities consistently meet the Provincial Minimum Maintenance Standards
(MMS) for winter control, however, the level of service provided above that level
ùaries'greatly across the County. Under an invoice system, the County will have
to closðg mónitor the level of sárvice being provided to ensure that winter control
remains eflective while keeping costs as low as possible. Although decisions to
deploy forces to combat wintei events will remain with municipalities, the County
w¡li b'e taking a much more active role in understanding when and how
municipalitíes provide winter control services.
The Gurrent Funding Model GaP
The existing compensation model has been in place for the last 13 years' As
already me-ntioned, municipalities are currently compensated for maintenance
activities with lump rum påyments, 6 times annuafly, based on the length and
class of road mainiained with the expectation of a delivered service'
Financially, the current system has worked well. Over the past 13 years the
County hás paid municipaiities $29,518,313 to maintain its roads and collectively,
municþalitiei have r"pb't"d ç29,434,205 in expendìtures or $84,108 less than
their allocations. This äxperience has demonstrated that municipalities have been
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 112 of 297
able to maintain the County roads for the allocations provided. .Although
financially successful, the existing system does not fully address all maintenance
completed on County roads and therefore some improvements are necessary'
There is a difference between Minimum Maintenance Standards (MMS) and
maintenance items that should be completed on a roadway to ensure its
functional longevity. Some activities can be deferred without failing to meet the
M if neglected will, negatively affect the condition of the
roexpenslvecapitalprojects.TheMMsonlydealwithth y, or the area from edge of shoulder across the driving
lanes to the other edge óf shoulder, and does not include the ditch area'
Therefore, many activiies requiring drainage work can be left undone that
eventually deteríorate the roadway white never triggering the MMS (ie. Ditching'
berm removal, culvert repairs, drainage outlet erosion, etc.). These proactive
activities are required to properly maintain road infrastructure, however, because
they are not prescribed specificaily by the MMS, they are often not completed until
they cause other road issues.
Under the current compensation model, the County does not inTerfere with
municipal operations and only assesses the road's condition. While MMS are
being bonsistently met, the ievel of service above the MMS and other road
main-tenance actiúities are being completed differently by munícipalities'
Also, because the current system operates under a funding model where
rnunicipalities are able to retaiñ any surpluses, a "dis-incentive" may be created
whereby only minimum requirements for safety are met in some cases.
Funding Principle
The Elgin maintenance model operates under the assumption that the.lower-tier
munici[alities control costs and may retain any surpluses for purposes deemed fit
by their councíls. The understanding is that a fixed allocation is granted by the
County and the service is designed around the funds available.
To formalize this "Funding Prínciple" a resolution was adopted by Council and
states the following:
THAT the lower tiers closely monitor the level of service they are providing
to limit maintenance expenditures and to work within the approved yearly
allocation, and,
THAT, as a generalfunding principle, the yearly maintenance allocation not
be exceedeã given the latitude available for each participant to control
costs and the level of service províded.
4
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 113 of 297
This funding principle is especially important in years of positive bud-get variances'
Municipalities are encouraged to reserve any eXceSS maintenance funds to offset
years with extraordinary expenses'
Co-operative CaPital Projects
ln an attempt to address these "major maintenance" needs beyond the scope of
the MMS, Council implemented Co-operi
$100,000 annuallY to comPensate
comptete some of these identified p
additional costs of materials and
projects and munlcipãtities pay lgr labour and equipment in this joint venture'
Under the system, municipalities ídentify small projects that would benefit the road
and save future maintenance activitieê il''"t tfrey woutd be willing and able to
ðomptete, and the òòunty selects which projects will be done annually'
Co-operative Capital Projects have been successful, however' not all
municipalities parücipate regularly and some municipalities are limited by time,
resources and/or ttjility to äompiete some projects' ln practice'. municipalities
also charge their húút and equipment time to their County road maintenance
allocations.
A Simpler Solution as compared to an lnvoicing System
There is merit in utilizing the existing compensation model moving forward, if an
additional compensatiorimechanismïas fòrmalized to compensate municipalities
for work beyond the scope of the existing agreement'
The existing Co-operative Capital Projects account could be evolved and
incorporat"i ¡n the maintenance agr"e*"nt to.fund maintenance activities that
are not consistently n"¡ng completãd today. The Co-operative Capital Projects
account would n" i"n"mãd "Májor Maintenance Projects", to better describe the
purpose of the account and áifferentiate it from the Mínimum Maintenance
Standards activities atreaOy being compensated under the allocations to
municipalitíes.
This fund and mechanÍsm would ens
activities are being completed, preservi
2012. An additional County employee
stem was not imPlemented'
5
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 114 of 297
The maintenance agreement would specify the type of projects that would be
funded under Major Maíntenance Projects and how the work would be prescribed
and accepted. Íhe municipality woulO have the "first right of refusal" to either
accept oi decline completing the prescribed work. lf a municipalíty declines
corpleting the work, tl'ren thé County would hire a private firm to complete the
project as-is done today in some instances (i.e. gravel shoulder resurfacing).
Some examples of maintenance projects that would trigger full reimbursement
through a Major Maintenance Projects fund include:
o Ditching (to establish a new grade)
o Berm removalo Adding gravelto shoulders
o Sign replacementso Culvert rePlacementso Major drain repairs/replacements
o Entrance culved rePlacements
o Tree/stumP removal
o Major washout rePairs
o AsPhalt Patcheso Minor bridge rePairs
The advantages of retaining the existing compensation model with additional
funding for Major Maintenance Projects are as follows:
. Municipalities maíntain autonomy to manage their own operations within
the annual allocations Provided.. Lump sum payments to municipalities will continue for consistent budgeting
and cash flow.o Municipalities will retain any allocation surpluses from local efficiencies'
. Less administration for all parties than a full invoicing system'
o Municipalities will not require scales and material measuring equipment'
. Less staff time by municipalities as compared to a full invoicing system.
. County would not require an additional staff person valued at $100,000
annually or $1 million over the term of the agreement'
. Municipalities are reimbursed 100o/o for all projects they complete under
Major Maintenance Projects, beyond the scope of the actívities currently
completed.
CONCLUS¡ON
The existing County road maintenance system has been in operation fo¡^;I3 years
and the existing maintenance agreement has expired as of December 31st 2010.
The findings of the Hipson lnquest determined that the County must take an
active rolJensuring that required maintenance is completed on the .roads the
County has jurisdiclion over. The County has adopted inspection and reporting
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 115 of 297
pract¡ces to address the recommendations of the Hipson lnquest and now those
þroc"sses must be formalised ín the agreement'
County staff, the County Solicitor and a review team comprised of adm.inistrative
representation from
-ioúr.
trnicipalities have been working on a revised road
maintenance agreement planned to be initiated January 1,2012.
council has directed the county solicitor to prepare the revised maintenance
ãg="r"nt to include an invoice for compensation model' Staff considered the
consequences of a full invoice system and has found some challenges and
addition costs that may not necessarily improve upon the existing agreement and
funding model.
The existing lump sum compensation model has operated well financially for
many years. A servíce gap exists between Minimum Maintenance standards and
other maintenan." t"q,l¡råments' lf a formal mechanism was in place to fully
ðotp.nt"te municipalities for " mai service
éap äouu be eliminäted, and d be Î^1TI
6enefits to the existing model repo ls merlr
in retaining the curlent compensation with ,!1: ^ t- of an
additional funding mechanism to compensate municipalities for other
maintenance work-not contemplated under the existing agreement'
tenance Agreement Review Team'
review committee is comfortable
commended in the report with a view to
d Class 2 roads to address and update
current costs and responsibilities.
RECOMMENDATION
THAT the new maintenance agreement utilize the same lump sum compensation
model and scope of activitieJ ín use today for municipalities, .and include' an
additional invoicing system to reimburse municipalities for major maintenance
work activities beyınd the scope of the existing agreement; and,
THAT staff be directed to examine the current allocation model for Glass 1 and
Class 2 roadways.
All of which is Respectfully Submitted,
Peter Dutchak
Deputy Director of Engineering Services
Clayton Watters
Director of Engineering Servíces
Approved for Submission,
Mark G. McDonald
Ghief Admin istrative Officer
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 116 of 297
REPORT TO COUNTY COUNCIL
FROM: Clayton watters, Director of Engíneering services
DATE: May3,2011
SUBJECT: Fuel Surcharge Request
INTRODUCTION:
The Township of Malahide, Township of southwold and the Municipality of
Dutton/Dunwich have requested an íncrease to the maintenance payments due to an
increase in fuel costs in the form of a fuel surcharge
presenly, the maintenance allocations to municipalities are adjusted annually by the
october consumer Price lndex (cPl) that includes the commodity of fuel.
DISCUSSION:
Since 1996, Elgin's municipal partners have been contracted to complete maintenance
activities on County roads. Aliocations are calculated based on the Class of road and
number of kilometres of County road maintained. These allocations are increased
annually by the October Consumér Price lndex (CPl) to account for inflationary costs.
Council chose to use the CPI to capture inflationary adjustments since it remains the
accepted standard and has been in place for nearly 100 years- The overall CPI has eight
catejories that are used to formulaie the index. These include: food; shelter; household
op.rãfionr; clothing; transporlatíon; health care; recreation; and alcoholic beverages.
Gasoline costs direcfly account for 4.92o/o of the overall CPl, however, the spectrum of
categories in the ou"ráll CPI are also largely influenced by fuel. For.example, food prices
will iñcrease as the price of fuel increasel,
-because
of the increased costs of transpofting
the food to market.
The Cpl for the period of October 2009 to October 2010 was 2.4o/o. This growth was
largely attributablä to transportation prices. The singl_e most important factor in 2010 was
the increase in the price oi gasoline. 25% of the CPI for this period was influenced by
gasoline prices. lylunicipal ai-locations were increased accordingly and the total allocation
io municiþalities was in'creased by 965,000 for 2011. As fuel prices continue to rise in
2011,these costs will be reflected ln the annual 2011 CPI (Octobe_r 2010 to October 2011)
and maintenance allocations will be increased accordíngly for 2012.
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 117 of 297
For example, the March 2011 CPI was 3.3%, the largest year-over-y€ar increase since
200g, anO'0.Ó% of this increase is attributable to energy costs. lf the CPI remains at these
levels, and the october Cpl is also 3.3%, m rnicipal aiðcations will be increased by a total
of $90,600 for 2012.
The percentage of the overall Cpl that is directly attributable to gasoline costs Ø.92%) is
similar to the percentage of the maintenance allócation that municipalitíes use to purchase
fuel. Therefore, the CÞl remains an accurate inflationary adjustment for the County road
maintenance allocations.
For example, the Township of Malahide h
litres of dieselfuel in 2010 for all their opera
25o/o of their total fuel usage was for Coun
control. Therefore 22,500litres of fuel, at a
that $18,900 was spent on diesel fuel for C
2010, the Township of Malahide's allocatio
comprised 3.3% of their total allocation. Assuming the Township of Malahide also spent
"ppr*irrtely $10,000 on gasoline fuel costs for County road. activities in 2010, the
pärcentag" of th"ir'total alloıation spent of fuel remains comparable to the percentage of
fuelthat comprises the CPl.
Also in 2010, the Municipality of Dutton/Dunwich spent $18,125 on all types oJ tygt-lo1
County road maintenance operations. Their 2010 maintenance allocation was $371,500
and thêrefo re 4.8% of their allocation was spent directly on fuel.
These examples confirm that municipalities spend approximately 5% of.their maintenance
allocation direcly on fuel costs. lhà cPl's cälculation includes approximately 5% for !h9
inflationary cost of gasoline. Therefore, the CPI captures increases for fuel costs that
municipalities expeñence. Allocations are adjusted annually from the previous year's
experience.
CONCLUSION
The overall Cpl for long periods of time is an accurate estimation of the inflationary or
changes in prices tor góoOs and services. That is, commodities that comprise. the CPI
calculation are volatile and can rise and fall in the short term, but are captured through
averages in the long term.
Gasoline comprises 4.g2% of the overall CPl, which is a very similar percentage tt-!9
what municipalities spend of their total maintenance allocation on fuel' Therefore, the CPI
annual inffationary äd¡ustment provided to municipalities captures the cost of fuel
increases, CPI increased the maintenance allocations by a total of $65,000 to
municipalities for 201j. The CPI for 2011 will adjust2ol2 payments to municipalities.
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 118 of 297
ln2010, the municipalities had a net surplus of $108,000. In the last thirleen years, the
municipalities have also had a net surplus. ln other words, the allocations provided were
greatei than their expenditures. During that time, the County has compensated the
municipalities nearly $30 million to maintain the County roads.
By the above measure, the present financial arrangement is a success. The philosophy 9,f
th-e current compensation system is that municipalities have significant latitude in their
operations, and ihey are able to use any surplus from efficiencies to offset any deficits in
oiher years. lsolating costs is contradictory to this existing fundíng principle. Therefore,
staff suggests that thê overall CPI is still the most effective method for annual increases
that reflect changes in prices for municipalities.
RECOMMENDATION
THAT the overall CPI continue to be used to adjust the annual maintenance allocations to
municipalities; and,
THAT this report be circulated to Elgin's partner municipalities.
All of which is Respectfully Submitted,
Clayton Watters
Director of Engineering Services
Approved for Submission,
Mark G. McDonald
C h ief Ad m in istrative Officer
Staff Report PW2011-08 regarding "County Road Maintenance
Agreement / Funding".
Page 119 of 297
Page 120 of 297
î
CORPORATION OF THE MUNICIPALITY OF BAYHAM
STAFF MEMORANDUM
TO: Mayor & Members of Council
FROM: Kyle Kruger, Administrator
SUBJECT: MTO Authorized Requestor Agreement 11091
DATE: June 30, 2011
FILE: L O /
The Municipality of Bayham currently has an agreement with the Ministry of Transportation termed an
"Authorized Requestor Agreement". This agreement is required by the MTO to permit the Municipality
access information regarding driver and vehicle records for the purpose of legal proceedings for parking
infractions.
The MTO has recently advised that due to a program review regarding the protection of personal
information, an amended agreement is required. A ByJaw to authorized execution of the agreement is
attached for consideration.
Completion of this Agreement is mandatory for the Municipality to maintain access to records needed to
coÍrmence any legal proceedings relative to parking tickets.
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 121 of 297
THE CORPORATION OF THE
MTJNICIPALITY OF BAYHÄM
BY-LAW 20tt-064
A BY-LAW TO AUTHORIZE TIIE ÐGCUTION OF A C,OVERNMENT
AUTHORIZED REQTIESTER AGREEMENT WITII THE MINISTRY OF
TRANSPORTATION OF' ONTARIO
\ilHEREAS Section I I of the Municþal Act" 2001, S.O. 2001, c. 25 as amended provides
in part that a lower tier municipalþ may pass byJaws respecting highways, including
parking and üaffic on higþways,
AND WIIEREAS the Municipality of Bayham requires access to the information
products maintained by the Ministry of Transportation for the purpose of commencing a
legal proceeding against a registered licence plate holder who has committed a parking
infraction in contravention of a Municipal parking by-law,
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems
it necessary and expedient to enter into an Authorized Requester Agreement with the
Ministry of Transportation of Ontario to permit access to the Ministry's information
products.
NOW THEREFORE TIIE CORPORATION OF THE MI]NICIPALITY OF
BAYHAM IIEREBY ENACTS AS F'OLLO\MS:
1. THAT the Clerk be and is hereby authorized to execute the Authorized Requester
Agreement between the Municipality of Bayharn and the Ministry of
Transportation of Ontario, afifixed hereto and forming part of this byJaw, and the
Clerk is directed to affix the Corporate Seal thereto.
2. AND TIIAT the previous Authorized Requestor Agreement numbered 11091 be
and the same is terminated upon the effective date of this agreonent.
3. AND TIIAT this byJaw shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED TIIIS
7rH DAY oF JULY 2orr.
MAYOR CLERK
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 122 of 297
Ministry of
Transportation
Ministère des
Transports
I nformation Management
Services Oversight Office
2680 Keele Street
Building A, Room 178
Downsview, Ontario
M3M 3E6
June 23,2011
Mr. Kyle Kruger
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road
Straffordville, ON NOJ 1Y0
Dear Mr. Kruger:
RE: AUTHORIZED REQUESTER AGREEMENT 1IO9I
I am writing in regards to your current Authorized Requester Agreement.
As a result of a program review, and in consultation with both the Ontario Privacy
Commíssioner's Offíce, the Ministry of Transportation is revising your Authorized
Requester Agreement, dated June 29, 2009.
The ministry takes the protection of personal information very seriously. The ministry
only releases personal address information to clients who meet the ministry's prescribed
criteria for the Authorized Requester Program. Agreement clauses pertaining to
disclosure, retention and authorized use have been revised as a result of the program
review.
As a result, the ministry is replacing your current Authorized Requester agreement as
per Article 3. Please review the enclosed agreement thoroughly and initial and sign
where required, indicating your understanding and compliance with the terms of the new
agreement. Please return both copies of the signed agreements to the above address
no later than July 22,2011. Your current agreement and access to the Ministry of
Transportation's information products will be terminated if we have not received these
new agreements by the due date indicated above. Once sígned by a ministry
representative, a copy of the new agreement will be returned to you for your files.
t2
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 123 of 297
11091
AUTHORIZED REQUESTER
AGREEMENT
(Mrm-rcrpAl, pARKrNc TAc PROGRAM)
BETWEEN
IIER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO, as represented by the
Minister of Transportation
AND
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 124 of 297
-l-
AUTHORIZED REQUESTER AGREEMENT
THIS ÀGREEMENT made as of the 23rd day of June, 2011 (the "Effective Date").
BETWEEN:
IIER MAJESTY THE QT EEN in right of Ontario, rs represented by
the Minlster of Transportatíon
(,'MTO")
-and-
TIIE CORPOR.A,TION OF TTIEMUNICIPALITY OF BAYI{AM
(the I'Munlcipalityri).
WHERDA,S:
^4. MTO mainøi¡s computer daøbases containing infomlation pertaining to driver, vehicle and
moto¡ caEier records;
B. The Municipaþ requires access to such i¡formation for the purpose of conmencing legal
proceedings against registered licence plate holders who have committed parking infractions
u¡der Part tr of th e Provincial Oflences Acl (Ontario) , and/or in coDtraveution of a municipal
parking byJaw; and
C. MTO is prepared to permit the Municipality to obtain such access, subject to the provisions of
this Agreement.
NOIV THERDFORE MTO and the Municipality agree as follows:
ARTICLE 1
DET'INITIONS AI\D SCIIEDULES
1.1 Definitions.
In this Authorized Requester Agreemetrt, u¡less the coDtext requires a different meaning, the following
terms shall have the following meanings:
I'Agreement'i means this agreement entitled ',4,uthorized Requester Agreement", including the
attached Schedules, any documents or i¡struments incorporated by reference in this agreement, and
any amendments to any of the foregoing that may be agreed to in writing by MTO and the
Municipalþ or that are otherwise provided for in this agreement.
"Application" neans the application, in the fomr approved by MTO, submitted by the Requester to
become a¡ Authorized Requesær.
TTARISú means the Authorized Requester Information System of MTO, which is an electronic system
used by MTO to receive Licensed Information Requests from Authorized Requesters, and to send
Licensed Info¡mation Responses to Authorized Requesteß and to maint¿in client profiles, as zuch
system may be modiñed by MTO from time to time.
"Auditr aud simila¡ expressions mean the performance by, or on behalf of MTO, of such audits,
reviews, investigations, inspections, confirmations, certifications, tests, studies and determinations of,
or relating to, ary matter or '\ìng pertaining to this Agreement.
"Authorized Requesterrr means any person or other organization (including other municipalities) to
whon MTO has, pursuant to aû agreement, granted a non-exclusive, non-assipable and
non-hansferable licence to access and use tûe Lice¡sed Informatioo solely for Authorized Uses.
"Authoriz¿d Staff I means:
(a) smFloyees of the Municipality, aud
O) individual third party contractors Out not corporations, parEretships or other legal
entities) engaged by the Municipality to perform employeeJike functions,
who need to ¿ccess zuch Licensed Information or Passwords, in order for the Municipalþ to use the
Licensed Information fo¡ Authorized Uses in acco¡dance with this Agreement, and who are listed in
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 125 of 297
7
Pa¡t A-2 of Schedule rrArr.
t'Authorized Usest' has the meâning set out in section 4,1,
"Business Day'r means a day other than a Saturday, Sunday or a statutory, civic or public sewice
holiday obsewed in the Province of O¡tario.
rrClaimsrt mearx¡ any claims, demands, actions, causes of action, suits or p¡oceedings against, of
darnages (including indirect, special, incidental, consequential or punitive damages), losses, liabilities
or obligations of MTO, or of MTO's employees, agents or contractors.
I'Confidential Informatiotrrr has the meâning set out in secflon 5.1.
'rContractor Security Agreementrr meaos a privacy and confidentiality agreement between the
Municipality and Autho¡ized Staff who a¡e individual third potty contactors engaged by the
Municipality, in the form specified by MTO.
'rDamages" means losses, compensation, damages (including indirect, special, incidental,
consequential and punitive damages), expenditures, costs (including reasonable administrative costs
and ¡easonable legal fees and costs), expenses, interest, liabilities, judgeørents, awards, taxes, fines,
penalties, charges and amounts paid in settlement.
"I)eclalatiotr" has the meaning set out in section 10,2.
rrl)elivery Ch¡nnelr meâns the method or system by which a Licensed Information Request is
transmitted or delivered from the Municipality to MTO or by which a Licensed Information Response
is transmitted or delive¡ed from MTO to the Municipality.
I'Discloserr means directly or indiectly disclose, provide, distribute, exchange, sell, license, lease,
givg make available or perrrit access to or use of; and "Disclosed", "Disclosing" and "Disclosure"
have corresponding ¡sanin gs.
"Effective Date" means the effective date of this Agreement, as set out at the beginning of this
Agreement.
"Employee Security Statementil means a privacy and confidentiality statement in the fo¡rr attached
as Schedule "8", as may be modiñed by MTO tom time to time.
t'f,'ees'r means those fees set out in Schedule ItCtt,
TFOIPPAil means the Freedom of Information and Prolection of Privacy Act (Ontzrio), as amended
from time to time
rrFiscal Yearrr means a twelve (12) month period beginning on April I and ending on March 3l of the
following year.
"Government of Ont¡rlo" means Her Majesty the Queen in right of Ontario or any ministry, agency,
board, commission, departnent, corporation or ot¡er legal entity of or owned by the Govemment of
Ontario.
'rGrântrr has the meaning set out in section 2,1,
'rlnitial Term" has the meaning set out in section 3.1(a),
"Licensed Information'r has the meaning set out in P¡rt A-1 of Schedule rrA":
rrlicensed Information Request" meåru one request for Licensed Information contained in one
collection of Licensed Inforrration and pertaining to one driver, which request is in the fomrat
stipulated by MTO ûom time to timg and which request is Fansmitted or delivered by the
Municipality to MTO using a Delivery Channel specified in P¡rt A-1 of Scheduìe "4".
"Licensed Information Response" means tle Licensed Information (or other ¡esponse such as nno
infomration available") fa¡smitted or delive¡ed by MTO to the Municipality, using a Delivery
Channel specified in Part A-1 ofSchedule rrÄ", in response to a Licensed Information Request.
'rlicensed Personal Inform¡tion" mea¡s any Licensed Information tbat is Personal Infomlation.
f f Mtr'OIPPAf ' means the Municìpal Freedom of Informatíon and Protection of Privaqt Act (Ontxio),
as amended from time to time.
rrNonlisclosure Agreementrr hæ the meming set out in section 53(c).
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 126 of 297
-J-
rrPassword" meêns any password, key, code or identifier assigned to a user in connection with making
Licensed Inforrration Requests or receiving or asçessing Licensed Infomration Responses.
"Pe¡mitted Recipientrt has the meaning set out in Part A-1 of Schedule "Arr.
"Personal Inform¡tionÍ nsa.s personal information as defi¡ed in FOIPPA.
ttPersonal Inform¡tion Recordstt means all Records of, or containing, Personal Information that is
Processed by the Municipalþ in connection with the performance by the Municipality of the
Municipality's obligations under this Agreement or the exercise by the Municipality of the
Municipality's rights under this Agreement.
"Privacy I)efault" mears a b¡each of (i) any Privacy Laws; or (ii) auy of the provisions of this
Agreement relating to the Municipality's compliance with the Privacy Laws, including Schedule I'I)r';
or (üi) any other provision ofthis Agreeneut where such breach involves o¡ results in any Processing
of (or failwe to Process) Personal Information that is trot strictly in accorda¡ce with this Agreement.
I'Privlcy Laws'means (a) FOIPPA O) MFOIPPA aod (c) the provisions of auy other law from time
to time that address any Processing of(or failure to Process) Personal Infomration.
"Processrr means directly or indirectly create, access, collecÇ process, receive, hold store, use or
Disclose; and "Processed" and "Processing" have corresponding meanings.
f'POArf means tåe Provincial Ofences Act (On;Tario) as amended fiom tine to time.
rrRecordsrr means the records of the Municipality in any format or medium, including any nreco¡du as
defined in FOIPPA.
trRecords Custodian" has the mea¡ing set out in section 9,5.
'rSupporting Document" means any ofthe documents which
(a) support or veriff i¡fo¡mation contained in the Application (as such information may
subsequently have been changed in accordauce with ¡ection 12.2 (a)); and
(b) are listed in P¡rt A-l of Schedule "4".
.Termrr means the Initial Term and any renewal(s) of this Agreement made in acco¡dauce with
section 3.1@).
rrWlrrlnt¡rrr meâns any representâtion, \Ã,a¡ranty or condition, express, implied, collateral or statutory.
1.2 Schedules.
The following attached Schedules form part ofthis Agreement:
Schedule "A' Specificatioos (Pa¡t A-1 and Pa¡t A-2)
Schedule'ts" EmployeeSecurityStatement
Schedule "C" Fee Schedule
Schedule'D" Audit, Inspection and Review
Sched,'le "E' Form of Monthly Report
Schedule'F" FormofA¡nualReport
Schedule "G" Form ofMTO Report
ARTICLE 2
GRANTOT'LICENCE
2.1 GranL
Subject to the provisioos of this Agreenent, MTO hereby grants to the Municipalþ a non-exclusive,
non-assignable a¡d non-transferable licence (the "Grant") to access and use the Liceosed Information
solely for the Authorized Uses.
2.2 Title.
The Municipality acknowledges and agrees that MTO (or the Govemment of Ontario) is and shall at
all times remain the sole owner of all dght, title and interest in the Lice¡sed l¡formation, including all
i¡tellectual property rights (such as copyright) and other proprietary rights and trade secrets.
Accordingþ, the Grant is not, and shall not be deemed to be, a transfer, sale or disposition ofany or all
of MTO's right, title or interest of any kind in the Licensed Information.
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
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2.1 Changes in Licensed Information,
(a) Despite any other provision of this Agreemen! the Municipalþ acknowledges and
agrees that MTO reserves the rigbt in its absolute disc¡etion to add to, withdraw
ûom, or change the content or stn¡ctue of, or subject matter covered by, or cease to
make available, any or all of the Licensed Information at any time.
(b) Upon implementation by MTO of any of the chaoges contemplated in section 2.3(a)
above, all references to "Licensed Information" in this Agreement shall be deemed to
be a:nended to reflect such changes.
2.4 No Gu¡rantees or \rysrrânties.
The Municipality achowledges and agrees that MTO does not waraút or guarantee the accuracy of
the Licensed Information.
ARTICLE 3
TERM
3.1 Term.
Subject to the provisions ofthis Agreement:
G) Tbis Agreement shall be effective on the Effective Date and shall continue in fo¡ce
for an initial term of twelve months (the "Initial Term").
(b) This Agreement shall be automatically renewed for subsequent terms of twelve (12)
months eacb, provided that:
(Ð neither party provides to the other, at least thirg (30) days befo¡e the
expiry ofthe then curent term, rvritten notice ofthat party's intention not to
fenew;
(iÐ if requested by MTO, prior to such renewal the Municipality signs the fo¡m
of authorized requester ag¡eement that MTO then requires to be signed by
Authorized Requesters;
(iiÐ the Municipalþ has updated the list of Authorized Stafr contained in P¡rt
A-1 and P¡rt A-2 of Schedule 'À' and has reviewed a¡d affirmed such
list in acco¡dance with section 8.1;
(iv) the Municipality has updaæd the information contained in the Application
and has reviewed and affirmed such infomration i¡ accordance with section
12.2: and
(v) prior to such ¡enewal the Mrmicipality has satisfied any other conditions
that may be stipulaæd by MTO for the ¡enewal of the Grant
3.2 Early Termination.
This Agreement shall aùtomatically terminate in the event that MTO ceases to make available any
Licensed Information to third parties outside ofthe Government ofOntario.
3.3 Terminrtion Without Cause.
Notwithstanding any other provision of this Agreement, this Agreement may be terminated without
liabilþ by either party giving to the other party thify (30) calendar days prior written notice of
termination.
ARTICLE 4
AUTHORIZED USES
ñid-a;lı
4.1 Authorized Uses,
The Municipality shall access a¡d use the Licensed Information solely for the following uses (the
"Authorized Uses'):
(a) to send to registered licence plate holders ¡otices that are prescribed by law where a
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
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legal pmceeding has been coûunenced by the Municipality agaimt the registered
licence plate holder alleging that Îåe registered licence plate holder has committed an
infraction against Part tr of the Provincìal Ofences Act (Ontario) and/or a parking
byJaw enacted by the Municipality; aud
O) to have Licensed Information certified by MTO for legal proceedings where it is
alleged that the registered licence plate holder has committed an infraction against a
parking byJaw enacted by the Municipality.
4,2 Changes to Autho¡ized Uses.
Despite section 4,1, the Municipality acknowledges and agrees that MTO shall have the right
unilaterally to emend or delete any or all of the Authorized Uses at any time, effective upon written
notice to the Municipality setting out the applicable amendment(s) or deletion(s).
43 Informed Consent
Despite section 4.1, if required by MTO, the Municipaliry shall, prior to requesting, accessing or usilg
any Licensed Informatiou under this Agreement, obt¿in the informed consent of the individu¿l to
whom the Licensed Information is referable.
4.4 Demonstration tb¡t Uses Authorized
Upon MTO's request from time to lime, the Municipality shall reasonably demonshate that the
Municipality's use of any particular Licensed Information (as specified by MTO) has been strictly in
accordance with this Agreement. For avoid¿nce of doubt, any breach of the requirements of this
section 4.4 shall constitute a Privacy Default.
4.5 Data Matching end Data Profiling.
(a) Subject to the Authorized Uses, the Municipality shall not develop, or derive for any
purpose whatsoevel any other product, work or dat¿base in huma¡-readable or
machine-readable form or otherwise, that incorporates, modifies, or uses in any
man¡e¡ whatsoeve¡ any Personal Information contai¡ed in, or obtained from, the
Licensed l¡formation. This section shall not, however, apply with respect to any
specific Personal Information which the Municipality had in its possession prior to
¡sssiying the Licensed Information.
O) Subject to the Authorized Uses, the Municipality shall not place any data which was
not obtained under this Agreemen! into a database containing Personal Information
obtained under this Agreement, other than as fi¡st authorized by MTO in writing.
4.6 Indlviduals Not to be Contacted.
The Municipality shall not use the Licensed Information directly or indirectly to locate o¡ contact any
individual to whom the Licensed Infomration is directly or indirectly referable, other than as expressly
st¿ted in the Authorized Uses.
Survival.
For the avoidance of doubg the obligations of the Municipality contained in this Article 4 shall survive
the expiry or termination of this Agreement.
ARTICLE 5
CONT'IDENTIALITY
ñiffi;
5.1 Confidential Information.
Sr¡bject to sections 5.2, 5.3 and 5.4, the Municipality shall hold in strict confidence all Licensed
Infomration and any other confidential i¡formation or materials of MTO, or of third parties and in the
possession o¡ control of MTO, and any information derived from any of the foregoing (collectively,
the "Confi dential Information").
5,2 M¡intain Confidentiality.
Without limitation to section 5.1, the Municipality shall not directly or indirectly:
(a) disclose, make available, or provide or permit access to or use of, any Confidential
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
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Information for any purpose (other than to its Authorized Staffwho need to know
such Confrdential Information in order to carÐ/ out the Municipality's business, and
who are permitted access to such Confidential Information shictly in accordance
with Article 8);
O) reproduce o¡ make copies, or permit any third party to reproduce or make copies, of
any Confidential Information, in whole or in part (other than copies of Confidential
Information made by the Authorized Staff contemplated in section 5.2 (e) in the
nomral course of the Municipality's business), othe¡ than as expressly stated in the
Authorized Uses.
Disclosure of Licensed Information to Permitted Recipienß.
(a) Despite section 5.2, but zubject to the provisions ofsections 53 (b), 53 (c) and 53
(d), the Municipalþ shall bave the right to disclose particular Licensed Info¡mation
(but not Passwords or any other Co¡fidential Information) to Permined Recipients
solely for the purpose specified in Part A-1 of Schedule "4", Fo¡ avoid"nce of
doubt, nothing in this section 53 (a) pemits the Municipality to give a Permitted
Recipient general access to the Licensed Inforrration in the Municipality's
possession or control, nor shall a Permitted Recipient be entitled to make copies of
Licensed Information.
O) The Municipality shall reco¡d (in such form and format as ûom time to time may be
required by MTO) each disclosu¡e to a Permitted Recipient. Such record shall
include the particular Licensed Information disclosed, the Permitted Recipient to
whom such Licensed Information was disclosed, the business purpose for such
disclozure, and the date of disclosure. The Municipality shall mai¡øin such reco¡ds
throughout the Term and fo¡ a period of three (3) years after the expiry or
termination of this Agreement
(c) Prior to making any disclosure to a Perrritted Recipien! the Municipality shall ente¡
into a privacy and non-disclosu¡e agreement with that Pemritted Recipien! in the
form specified by MTO in writing from tine to time (the "Non-disclosure
Agreement").
(d) The Municipalþ shall ensure that each Permitted Recipient fully complies with the
Non-disclosure Agreement. The Municipality shall be fully liable to MTO for any
breach of the Nondisclosure Agreement by a Permitted Recipien! and any such
breach shall constitute a breach by the Municipality of this Agreement.
(e) The Municipality shall ¡etain an original copy of each Non-Disclosr¡re Agreement
ûom the time it is executed until at least three (3) years after the date the Permitted
Recipient who signed that Non-Disclosure Agreement ceases to be a Permitæd
Recipient. Upon MTO's request from time to time, the Municipality shall provide
MTO with copies of all executed Non-Disclosu¡e Agreements.
I)isclosures Required by Applicable Law.
(a) Despite section 5,1, the Municipality ma¡ subject to sect¡ons 5.4 @) and 5.4 (c),
disclose Co¡fidential l¡formation to the extent required by applicable law.
(b) If the Municipality becomes compelled by applicable law to disclose Confidential
Information, the Municipalþ may only disclose that part of the Confidential
Info¡mation that it is compelled by applicable law to disclose, and may only disclose
such Confidential Infornation in the ma¡¡er and to the extent so compelled by
applicable law.
(c) Ifthe Municipality becomes compelled by applicable law to disclose Co¡fidential
Ioformation, the Municipality shall notifl MTO of the discloswe as soon as is
reasonably possible.
Survival.
For the avoidance of doub! this Article 5 shall sr¡wive the expiry or termimtion of this Agreement for
any reason.
ARTICLE 6
PRWACYLAWS
6.1 Privacy Laws.
(a) This Agreement and the righæ g¡anted to the Municipality under this Agreement are
5.4
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
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subject to any restric e law, including
the Privacy Laws or the Govemment
of Oowio or by the Prior to o¡ after
the date ofsigning this Agreement.
without limiting the generality of section 6.1(¡), this Agreement is subjectto ary
provisions of any applicable law that may restrict or limit:
(Ð the information included in the Licensed Infomntion; or
(iÐ the information that may be provided in response to a Licensed Information
RequesL
6.2 Compliance by MuniciPalitY'
The rmwillremain, in
fult its Processing of
Lice generalþ of the
comply with any written i¡structions or di¡ectiors from MTO from
Pe¡sonal Information o¡ Persoual Infomration Records (including the
p¡66s55íng of such Licensed Personal Information or Personal Information Records)'
(b)
Survival.
For the avoida¡ce of doub! this Article 6 shall suwive the expiry or termination of this Agreement for
aûy ¡eason.
ARTICLE 7
PROTECTION OF CONT'IDENTIAL INÍ'ORMATION
Eih-ãF
7.1 Security of Confìdential Information.
The Municipality shall maintain the security and hteg¡ity of the Co¡fidential Information. Without
limit¿tion to the foregoing, the Municipality shall
(a) keep all copies or partial copies of the Confidential Information in a physically
secure location to which access is restricted;
(b) ensu¡e that access to any Confidential Information stored on a computer is
Password-protected and that the Passwords a¡e Eeated as Confidential Information
and are changed on a frequent basis;
(c) comply with the security provisions a¡d standards set out in Part Ä'-1 of Schedule
ttAtr; and
(d) comply with such security requirements as a¡e from time to time speci-fied by MTO'
7.2 Security Produch.
The Municipality shall be responsible fo¡ the selection, implementation and maintenance of
appropriate security products, tools and procedures sufficient to meet MTO's requirements for
protecting the Confidential Information ûom improper access, loss, alteration or desfruction. The
Municipality shall be responsible for establishing, nonitoring and testing the Municipality's own
security products, tools aod procedures to ensu¡e their adequacy.
7.3 Pesswords.
(a) Deemed to be C¡nfrdenti¡I Information. Äny Passwords shall be deemed to be
"Confidential Information" for the purposes ofthis Agteement.
O) No Disclosure to Third Parties. For the avoidance of doubt, the Municipality shall
not disclose any Passwords to, or permit atry access to, or use of, any Passwords by
aûy third party, provided that nothing in this section shall prevent the Municipality
from disclosing Passwords to its Authorized Staffwho:
(Ð need to know such Passwords in orde¡ for the Municipality to obtain and
use the Licensed Information fo¡ Authorized Uses, and
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
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are autborized to access to such Passwords strictly in accordance with
Article 8.
7.4 Restricted Access.
The Municipality shall at all times restrict access to the Confidential Info¡mation solely to Authorized
Stafl in accorda¡ce with the requirements set oìrt itr rhis Agreement. The Municipality shall be
responsible to MTO for any unauthorized access to Confidential Information rezulting from the
Municipality's failure to meet the Municipality's obligations in rhis Agreement (including this section).
7.5 No Exposure.
Subject to the Authorized Uses set out in section 4.1, and without limiting the generalþ of the
restrictions or obligations placed upon the Municipality in Ärticles 4, 5, ó ¡nd 7, no Confidential
Information shall be exposed or placed so that it can be viewed by the public and/or any
non-authorized persons.
7.6 I)estructionofConfide¡tlallnformation.
(a) Subject to sections 7.6@) and 7.6(c) and 7.6(d), the Municipality shall desfroy all
copies of Confidetrtial Infomation in its possession or control, upon or before the
ea¡lier of:
(Ð the expiratioo or termination ofthis Agreement for auyreason;
(iÐ thirty (30) days following completion or fulfilment of the applicable
Authorized Uses as set out itr section 4.1; or
(üÐ the third Business Day after the date of zuspension, caucellation or
voluntary ca¡cellation of any or all of the Municipality's accounts with
MTO or any or all of the Municipality's rights or privileges r¡nde¡ this
Agreement.
Despite section 7.6(t), if this Agreement expires and no Event of Defar¡lt has
occur¡ed and then remains outstanding, the Municipality shall not be requi¡ed to
destoy the Confidential Information and records ¡eferred to in that section for so
long as there remains in fr¡ll force and effect a separate wdtten agreemeDt entered
into by the Municipality with MTO under which the Municipalþ is authorized to
possess and use that Confidential Info¡mation and tbose records for tåe purposes for
which they are then being possessed and used by the Municipality.
Despite section 7.6(a), the Municipality shall not be required to destroy the
Confidential Information and ¡ecords ¡eferred to in that section to the extent (if any)
that:
(Ð the Confidential Info¡mation was also separately obtained by the
Municipality ûom a thi¡d party that was not at that time under any
obligation to keep such Co¡fidential I¡formation confidential; or
(iÐ the Confidential Information pertains to a¡ individual who has co¡sented to
having the Municipality keep that Confidential Information þrovided that
such consent is given in accordance witl applicable law), or
(iiÐ the Municipality is required by applicable law to retain for any period of
time any of the Confidential Information. The Municipality shall be
permitted to rerain such ofthat Confidential Information or those records, in
such form and for such period oftime, as is so required by applicable laq
subject to the Municipality's confidentiality, non-disclosu¡e and security
obligations in this Agreement (including all of the Municipality's
obligations in Articles 4, 5, 6 end 7).
(d) For the avoidance of doubt, ¡othing in this section 7,6 shall limit o¡ ¡elease the
Municipality ûom the security, coofidentiality and non-disclosu¡e provisions ofthis
Agreement, which provisions shall survive any temrination or expiration of this
Agreement and shall ¡emain in fi¡ll force and effect r¡ntil such time as they are
satislied or by their nature expire.
Retention of Licensed Information Within Canada.
(iÐ
(b)
(c)
7.7
Memorandum regarding "MTO Authorized Requestor Agreement
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The Municipality shall ensure that:
(a) no Licensed Information Requests will be made, and
(b) uo Licensed Information Responses o¡ Licensed Information will be received,
tra$mitted, sto¡ed or retained by or on behalf of the Municipalþ
outside Canada, for any time period no matter how short.
ARTICLE 8
AUTHORIZED STÀFF
8.1 Listed in P¡rt A-2 of Schedule "4".
The Municipality covenants and warr¿nts that all Authorized Staff as of the date of this Agreement
have been listed in Part A-2 of Schedule I'4". The Municipality shall, within ten (10) days of any
çhmge in the list of Authorized Søtr, advise MTO of such change in writing or other format
acceptable to MTO. Notwithshnding any otherprovision of this Agreement, MTO reserves the rigbt in
its absolute discretion:
(a) to reject any employee o¡ conúactor of the Municipality as an Autho¡ized St¿ff
mernber; and
(b) to prohibit atr Authorized Søffmember from accessing any Lícensed lnformation.
8.2 Employee Training, Security Statements and Contr¡ctor Security Agreements.
The Municipality shall require all Authorized Saff:
(a) when and as required by MTO, to take such training in the handling aud protection
ofthe Licensed Information as is made available to tbe Municipality by MTO;
(b) who are Municipalþ employees, to enter into and comply with the Employee
Security Statement; and
(c) who a¡e individual thi¡d party contractors engaged by the Municipality, to ente¡ into
a:rd comply with a Conhactor Security Agreement.
8.3 AuthorizedStaffCompliance,
The Municipality shall be solely responsible for ensuring that its Authorized Staff ñrlly comply with
the Municipality's confidentiality and security obligations contained in this Agreement. ìVithout
limiting the generality ofthe foregoing, or of section 8,2, the Municipalþ shall be solely responsible
for ensuring frrll compliance with the Employee Security Statement and ConFacto¡ Security
Agreement by Autho¡ized Søff. The Municipality shall indemni$¡ and hold hamrless MIO from and
against any Damages that occur æ a result of any non-compliance with the Enployee Security
Statement or Contractor Security Agreement by such Authorized Statr
8.4 Retention of Original Copies.
The Municipality shall retain an original copy of each Employee Security St¿tement a¡d ConEacto¡
Security Agreement from the time it is executed until at least three (3) years after the date the
Authorized Staffwho siped that Enployee Security Statement or the ConEactor Security Agreement
(as the case nay be) ceases to be an enployee or contractor of the Municipality. Upon MTO's request
ftom time to time, the Municipality shall provide MTO with copies of all executed Employee Security
St¿tements and Conhactor Security Agreements.
ARTICLE 9
REPORTING A¡fD RECORDS
GÏ¡Eß-
9.1 Montbly Report
The Municipality shall duly complete and remit to MTO a montlly report which is contained in
Schedule I'E". The signature of the T¡easurer or Chief Financial Ofücer of the Municipality shall be
affixed to the monthly repof. The monthly report shall be remitted to and ¡eceived by MTO within
fifteen days after the end of each calendar month to which the monthly report corresponds. Where the
Municipality owes MTO pa)ment under Article 16 herein, the monthly report shall be remitted along
with the payment that is owing to MTO. Where no payment is q\wing to MTO under Article 16 herein,
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
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the monthly report that is remitted shall indicate as such.
9.2 Annual Report
The Municipality shall duly complete and ¡emit to MTO a¡ a¡nual report as prescribed in Schedule
"tr'r'. The first annual report shall b€ remitted to, and received by MTO on or before April 15,2005,
and shall contain data conesponding to the period from the Effective Date to March 31, 2005.
Subsequent annual reports shall be remitted to, and ¡eceived by MTO on or before April 15 fo¡ each
year that the Agreement is in effect, a¡d shall contain data corresponding to the previous Fiscal Year.
9,3 MTO Reports
MTO shall duly complete and send an annual ¡eport to the Municipality as prescribed in Schedule
"G". The report shall be remitted and received by the Municipality on or before May lst of each year
that the Agreement is in effect, and the data contained in each rçort shall correspond to the previous
Fiscal Year, except for the first annual report which shall correspond to the period from April l, 2004,
to March 31,2005.
9.4 Records
MTO and the Municipality shall maintain written records, which shall be sufficient to enable both
parties to produce the reports that are prescribed in Schedules 'rErr, rrFrr and rrGil, The Municipalþ
shall retain tle ¡ecords contemplated in this section 9.4. throughout the Term and fo¡ three (3) years
thereafter.
9.5 Records Custodian
Each party shall designate oûe or more individuals with appropriate authority as the persons
responsible for the compilation and custody ofthe written records ofthat party prescribed in section
9.4 (a "Records Custodian"). The Records Custodi¿in(s) designated by a party shall be comp€tent to
certifr the accr¡râcy and completeness ofthe written ¡ecords that such party is required to maintain and
produce. The Records Custodian(s) desipated by each party is (are) set out in Part A-2 of Schedule
"4", provided that either party may change the designation upon notice to the other party given in
acco¡dance witl section 21.3.
ARTICLE 10
AUDIT AI\ID ANI\ruAL DECLARATIONS
iñfüãß
10.1 Audit of Municipality,
The Municipality shall accommodate Audits of tbe Municipalþ in accordance with the provisions of
Schedule "I)rr. For the avoidance of doubt, this section l0,l and Schedule ilDil shall survive the
expiry or termination of this Agreement for any re¿¡son.
10.2 Audit of Permitted Recipienh
The Municipality shall eosure that each Permitted Recipient accommodates Audits of that Pe¡mitted
Recipient in accordance with the provisions of Schedule I'Drr (as if that Permitted Recipient were tle
"Municipality" as specified in Schedule "D"), and that such Permitted Recipient fully cooperates
with and assists MTO in carrying out such Audis in accordance with such provisions. The
Municipality shall be fully liable to MTO for any failure by a Permitted Recipient to fulfil the
requirements contemplated by this section 10.2, and any such failu¡e shall constitute a breach by the
Municipalþ of this Àgreement. The Municipality agrees to indemniô¡ and hold harmless the MTO
ñom and against any Dâmages that occur as a result ofaoy such failure,
103 AnnualDeclaration.
Prior to the expþ of each current Term, the Municipality shall complete, sign and submit to MTO a
decla¡ation (the "Declaration") relating to the Municipality's compliance with the obligations under
this Agreement during the previous twelve (12) months. The Declar¿tion shall be in such form a¡d
format as may be specified by MTO from time to time, and shall be executed by such officer of the
Municipality, or other responsible person, as may be specified by MTO in the form of the Declaration.
ARTICLE 11
INFORMATION TRANSMISSION
"As Requested'r Basis.l1.l
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
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Licensed Info¡mation shall be provided by MTO to the Municipality through the Delivery Qftannels
and on an "as requested" basis in response to Licensed Information Requests, all in accordance with
the procedures speciñed by MTO fiom time to time. The Municipality acknowledges tbat, owing to the
complexþ and diversþ oftecbnologies utilized in the provision oflicensed Information Responses,
MTO does not guaraûtee that it will ta¡smit o¡ deliver Licensed Information within a stipulated time
after receip ofthe applicable Licensed Information Request.
ll.2 Incomplete, Inaccur¡te or Corrupted I)ocuments.
(a) IfMTO ¡easonably suspects that a Licensed Inforrration Request ¡eceived from the
Municipality was incompletely or inaccurately traûsmitted, or comlpted in
transmission, or not intended for MTO, MTO shall so notifr the Municipalþ. MTO
shall not respond to such Licensed Information Request until MTO has ¡eceived
conf¡¡¡ration ûom the Municipalþ ofthe validity and completeness ofthe Licensed
Information Request.
O) If the Municipality reasonably suspects that a Licensed Information Response
received ûom MTO was incompletely or inaccwately Eansmitted, or cormpted in
transmission, or not intended for the Municipality, the Municipality shall so noti$
MTO. The Mu¡icþality shall not rely upon any information until the Municipality
has received confimration fiom MTO of the validity and completeness of the
Licensed Information Response. If requested by MTO, the Municipality shall ¡eturn
or destoy an invalid or incomplete Licensed Information Response'
113 DeemedAuthorizatlo¡.
The Municipality shall esøblish reasonable and appropriate systerns, methods and procedures to
contsol the tansmission or delivery of Licensed Information Requests and the receipt of Licensed
Information Responses. Subject to section 11.2, each Licensed Iuformation Request sent by the
Municipality to MTO under this Agreement shall be deemed to have been duly authorized by the
Municipalþ a¡d shall be binding upon the Municipality, unless the Municipality otherwise notifies
MTO before MTO responds to or makes any use of that Lice¡sed l¡formation Request.
ARTICLE 12
APPLICATION INF'ORMATION
l2.l Warranty.
The Municipalþ represents a¡d warr¿nts that all information contained in the Applicatiou is tnre,
correct and complete as ofthe date ofthe Application.
Updates.
Within ten (10) Business Days after the occurrence of any change in any of the
information contained in the Application, or any change to any of the information
previously provided pursuant to this section 12.2 (a), the Municipality shall notifr
MTO (in writing or other format acceptable to MTO) of such change.
Prior to the expþ ofany ofthe Supporting Documents, and no later than ten (10)
days after the daæ of an amendment to any of the Supporting Documents, ttre
Municipality shall provide MTO with a copy of the r€placement Supporting
Document, or of the ¡mended Supporting Documen! as the case may be. Upon the
request of MTO, the Mrmicipalþ shall provide MTO with an original or certified
copy of any Suppofing Document. MTO reserves the right' upon notice to the
Municipality, to ¡dd ¡dditional documents to the list of Supporting Documents
contâined in Parf A-1 of Schedule 'rAtr.
ARTICLE 13
REVIEW AìID RE-VERII'ICATION
ñìäãE
13.1 Review and Re-Verificetion Annually and as Required by MTO.
At Ieast thirty (30) days prior to the expþ of each current Term, and at zuch other times during each
Term as may be required by MTO, the Municipality will review and re-veriff (in such form and format
as may be specified by MTO from time to time) the information contai¡ed in the Application, as such
information may subsequentþ have been changed in acco¡dance with section 12.2 (a).
(a)
(b)
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ARTICLE 14
AUTHORIZED REQUESTER INFORMATION SYSTEM
l4.l ElectronicRequests,
If the intemet has been included as a Delivery Channel in Part A-1 of Schedule "4", MTO will
accept Licensed Info¡mation Requests fron the Municipality, and will provide Licensed Information
Responses in accor¡lance with specifications set out in Part A-1 of Schedule tt¡tt ¡filizing ARIS.
14,2 PasswordAssignment
(a) The Municþalþ shall (in writing or otber format acceptable to MTO), advise MTO
of those members of the Authorized Staff whom the Municipality wishes to have
access to ARIS.
(b) MTO, at its discretion, shall assign user identification and Passwords to members of
the Authorized Staffin acco¡dance with security policies and procedures ofMTO.
Notwithstaading the foregoing, MTO reserves the right not to issue user
identification o¡ a Passwo¡d to any individual or individuals regardless of their
designation as Authorized Staff.
(c) The Municipality shall ensu¡e ttrat only Authorized Staff tvho log onto ARIS using
the user identification and Password assigned to then by MTO (as such Password
may be changed from .:me to time) can gain access to the Passwo¡ds or make
Lice¡sed Information Requests or receive Licensed Informatio¡ Responses through
ARIS.
14.3 MunicipalitySystems.
In order to access Licensed Information utilizing ARIS, the Municipality sball obtain, ilstall and test,
at the Municipality's own expense, tbe following computer equipment, softwa¡e and services, with the
following minimum specifi cations:
. Pentiurì comFuter or higher;
. Intemet Explore¡ Netscape or higher; and
. Intemet service.
The Municipality acknowledges and agrees that MTO sball have no responsibility for providing
technical support, or maintenance, for any ofthe Municipality's o\r,n systems required to access ARIS.
ARTICLE 15
CERTIFICATION OF RECORDS
15.1 Certification by Registrar
The Municipality shall only request that Licensed Info¡mation be certified by the Registrar of Motor
Vehicles (MTO) when the Municipality is required to do so for the purpose of legal proceedings or for
some other purpose required by law.
lS.2 Transmisslon of Certified Licensed Information
MTO shall tra¡smit to the Municipality, by mail or such other method as may be agreed to by both
parties, all Licensed Infonnation which it has certified in paper fomrat.
ARTICLE 16
F'EES AND PAYMENT METIIODOLOGY
16.1 Fees and Pryment Schedule,
For obtaining Licensed Infomration from MTO under this Agreement, the Municipality shall pay the
Fees, and comply with the payrrent methodology, as set out in Schedule "C".
ARTICLE 17
INDEMMTY AND LIMITATION OF LIABILITY
l7.l Indemnity.
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17.2
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(a) The Municipality agrees to defend, indemnifr and hold harmless the Govemment of
Ont¿¡io and its officers, employees, agents or contractors, from and against any and
all Claims aad Damages that may occur, by reason of:
(Ð any breach or deemed breach of this Agreement by the Municipality' or
(iÐ any non-compliance with Employee Security Statements or Contractor
Secwity Agreements by any of the Authorized Staff; or
(iü) any non-compliance with Non-Disclosu¡e Agteements by any Permitted
Recipient; or
(Ð any negligent, improper, or unauthorized use o¡ dissemination of
Confidential Information by the Municipality or by the ofñcers, enployees,
contractors (including Authorized StaÐ or agents of the Municipalþ; or by
Permitted Recipients; or
(v) inaccurate or out-of-date i¡formation contained in Licensed Information
fr¡mished to the Muûicipality by MTO.
Limitation of Liability.
(a) The Govemment of O¡tario makes no Wan-¿nties with respect to the Licensed
Information, including any Warranties that any Licensed Inforrration (or any
infomlation contained in the Licensed Inforrration) will be accurate, complete or
up-to-date, o¡ free of errors or omissions, in whole or in par! or that any Licensed
I¡formation will be fit for any purpose.
(b) In no event will the Government of Ontario be liable for any Damages or Claims,
including any Claìms fo¡ loss ofprofits o¡ other incidental or consequential damages,
arising out of the Municþality's use of, o¡ i¡ability to use or access, atry Licensed
Information, or delays by MTO, or from failure to supply Licensed Information, or
Êom inaccurate, incomplete or out-of-date information contained in any Licensed
I¡formation.
(c) The Municipality releases and forever discharges the Govemment of Ontario (and
tle Govemment of Onta¡io's ofücers, employees, agents atrd conhâctors) from any
Claims relating to any Wananties contemplated in section 17.2(¡) a¡d ûom any
Damages or Claims contemplated in section 17'2(b).
Surviv¡l.
The provisions of this A¡ticle 1? shall survive the expiry or termination of this Agreement for any
fe¿¡son.
ARTICLE 18
DEF'AULT AND REMEDIES
18.1 Events ofDefaulL
'Events of Default" shall include any one or more of the following:
the Municipality is merged with, or annexed by, another municipality;
the Municipalþ has submitted false or misleading information to MTO (including
false or misleading information in the Äpplication) or makes a false representation in
this Agreement or the Application;
the Municipality has failed to update the information contained in the Application or
has failed to review and re-veriff such infom¡ation in accordance with section 12.2;
there is a naterial degradation in the security measures (including security products,
tools or procedures) that the Municipality has in place to protect the Licensed
Information ûom improper access, loss, alteration or destmction;
the Municipality commits a Privacy Default and such Privacy Default is not curable
or such Privacy Default is curable but the Municipality f¿ils to cure it as
expeditiously as possible and in any event within twenty four (24) hours ofreceiving
notice of such Privacy Default from MTO;
t7.3
(a)
(b)
(c)
(d)
(e)
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(Ð The Municipality fails to make any payment æ required under this Agreemen! or if
payment is in the form of a cheque or other negotiable instrument, such payment is
rejected for not sufficient frrnds;
(g) the Municipality fails to meet any other term or condition of this Agreement
(excluding any other default expressly ¡efer¡ed to in this section 18.1) a¡d sucb
default is not curable or such default is cr¡rable but the Municipality fails to cure it
within ten (10) days of receiving notice of such default from MTO; or
(h) the Municipality is, or is deemed to be, in default under any other agreement(s) with
MTO relating to access or use of any Confidential Information.
18.2 Remedies.
(a) Upon the occullence of an Event of Default, MTO shall have the right, effective
irunediately without notice, to:
(Ð terminate this Agreemeut;
(iÐ suspend or cancel any or all of the Municipality's accounts with MTO;
(iiÐ suspend or cancel any or all oftbe rights or privileges ofthe Municipality
under this Agreemen! and/or
(iv) suspend or cancel any o¡ all of the Passwo¡ds issued by MTO to the
Municipality.
(b) MTO may also prusue any appropriate administrative, civil and/or criminal remedies
for default ofany ofthe provisions ofthis Agreement.
f83 Notification of Default
The Municipality shall notiû MTO in writing immediately upon becoming aware that a¡ Event of
Default has occurred, or that any other provisions ofthis Agreement have been breached.
ÂRTICLE 19
AME¡TDMENTS TO THE AGREEMENT
19.1 Amendments.
The Municipality acknowledges and agrees that MTO shall have the right nnil¿terally to amend this
Agreement from time to time. Such amen.lments shall become effective ten (10) days after the
Municipality's receipt of written notice of zuch amendmeûts (or at any later time specified in such
notice)- Notwithstaoding the foregoing, MTO shall have the right uoilaterally lo arrend the Fees set out
in Schedule "C", without notice to the Municipality.
19.2 Te¡mination.
If the Municipalit¡/ receives a notice of any amendments uoder sectior 19.1, the Municipality shall
have the rigbt to terminaæ this Agreement effective upon written notice to MTO.
ARTICLE 20
PROMOTIONAL MATERIAL
20.1 Accuracy.
Any promotional or informational material disseminated by the Municipality in connection with the
Licensed Information or access to the Lice¡sed Infornation shall be accurate and shall be consistent
with the temrs and provisions of this Agreement, and shall contain only factual søtements relating to
the Licensed I¡formation and the purpose and conditions ofaccess as set forth in this Agfeement. For
the avoidance of doub! nothing in this section 20.1 shall be deemed to limit or ¡elease the
Municipality from any of the confidentiality, security or privacy provisions of this Agreement.
20.2 MTO Trade-Marks and Logo.
Neither MTO's name nor any MTO Eade-ma¡k or logo may be used by the Municipality without the
prior written consent of MTO.
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ARTICLE 21
GENER.A,L PROVISIONS
2l.l Force Majeure.
Neither party shall be liable for delay or failure in performance resulting ûom acts beyond the control
of that party, including acts of God acts of war, fi¡es, floods or othe¡ disæters, strikes, walkouts,
lockouts, communication line or power failure, or failure, inoperability or destruction of computer
hardware, software o¡ firmware (nnls5s s¿ussd by the negligence of that party), or any negligence,
wilful misconduct or breach of this Agreement by the other party.
21.2 Non-Assignability.
The Municipality may not assign. or transfer this Agreement, or any right under this Agreement, either
in whole or in part. Subject to this restriction, this Agreement shall enu¡e to the beoefit of, and bind,
the parties aud their respective successors and assiens.
213 Notices.
(a) Any notification or other communication to be given unde¡ the provisions of this
Agreement shall be in writing and shall be given by personal delivery, or sent by
electronic facsimile, or mailed by a prçaid registered mail or delivered by courier
sen'ice. Subject to change by either party with written notice in accordaoce with this
section 21.3, notices shall be addressed in accordance with the addresses set out in
Part A-2 of Schedule "4".
(b) Notices shall be deemed to have been effectively given on the date of personal
delivery, the date of electronic f¿çsimile transmission or the date of delivery by
courier sewice, or in the case of sewice by registered oail five (5) days after the date
of maiti¡9.
21.4 \ilaiver.
Failu¡e of MTO to complain of any act or failu¡e to act of the Municipality, or to decla¡e tåe
Municipality i¡ default, shall not constitute a waive¡ by MTO of its rights unde¡ this Agteement. No
waiver of any rights under this Agreement shall be effective u¡less in writing, duly executed by MTO.
21.5 Entire Agreement
This Agreement constitutes the enti¡e agreement aod unde¡standi¡g of the parties relating to the
subject matter of this Agteement and zupersedes all prior understandings, discussions, negotiations,
coñmirments, \l's¡ranties and agreements, written or oral, express or implied, between them.
Nonvitbsønding the foregoing, this sectíon 21.5 shall not serve to terminate or cancel any outstanding
liabilþ or payment arising out of any prior agreements or arrangements of the parties with respect Ûo
access to, and use of, lhe Licensed Info¡mation Except as expressly provided in this Agreement and
subject to section 19.1, this Agreement may be amended or modified only by an instnrment in writing
executed by each ofthe parties.
21.6 SurvivalofProvisions,
Obligations under this Agreement which expressly or by their nature suwive the termination or expþ
ofthe Term will continue in force subsequent to, aûd in spite oi such termination or expþ until they
are satisfied or by their Dature expire.
21.7 Governing Law.
This Agreement shall be deemed to have been formed in the Province ofOntario and shall be governed
by the laws in force in Onta¡io (and the laws of Canada applicable in Ontario). Each party irrevocably
submits to the exclusive jurisdiction of the cou¡ts of the P¡ovince of Ontario with respect to a¡y matter
arising under, or related to, this AgreemeûL
21,8 Interpretation.
(a) Headings a¡e not to be considered part ofthis Agreemeot, and are included solely for
convenience and are not intended to be fl¡ll or accurate descriptions ofthe content of
the paragraph.
O) In this Agreement, words importing the singular number include the plural and vice
vers4 words importing the masculine gender include the feminine and treuter
genders; words inporting persons include individuals, sole p¡oprietors, co4rorations,
partnerships, Eust and unincorporated associations.
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(c) Unless specified otherwise in this Agreemen! a reference in this Agreement to a
stahrte refers to that statute as in fo¡ce at the Effective Date and as the same may be
amended, re-enacted consolidated and/or replaced from time to time, and any
successo¡ statute. A ¡eference to a statute shall be deemed to include any regulations
made under that statute,
(d) For purposes of this Agreement, unless otherwise provided in this Agreement, a
period ofdays or Business Days shall be deemed to:
(Ð begin on the first day after the event that began that period and
(iÐ end at 5:00 p.m. @astem Standard Time or Eastem Daylight Savings Time,
as the case may be) on the last day or Business Da¡ as the case may be, of
that period.
(e) In this Agreement the words "include', "includes' or "including" nean "include
without limitation", "includes without limitation" and "including without limitation",
respectivel¡ and the words following "include", 'includes' or "including" shall not
be considered to set fofh an exhaustive lisl
IN \ryIT¡IESS MEREOI', each of the parties have executed and delivered this Agreement as of the
date fi¡st above \fütten.
HER MA,IESTY TIIE QUEEN in right of Ontario, as
represented by the Minister of Trånsport¡tiotr
for Paul Brown, Director, Licensing Services Branch
WilnaPiovesan
Manager, Information Management Services Oversight
Ofüce
MT]MCIPALITY:
Print
Title:
I have the authority to bind the org¡niz¡tie¡.
By:
By:
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SCHEDULE ''A''
SPECIF'ICATIONS
P¡rt A-1
A. Licensed Information:
PLDABS - Plate by date Abscact with Add¡ess
PLCÁ,BS - Certified Plate by Date Absbact with Àddress
B. PermitædRecipien(s):
Third party providers of parking ticket program software who may access Licensed
Information solely for the purpose of supporting such softwa¡e on behalf of the Municipalþ'
C. Delivery Cha¡nels:
(a) ForLicensedltformationRequests:Intemet
(b) ForLice¡sedlnformationResponses:Intemet
D. Lis of Supporting Documents:
Security Statemeñ, 9999 -12-3 |
Authorized Application Signor Data & Signatrue, 9999-12-31
E. Security Provisions and Standa¡ds:
l:i*iiffi i-"åä::tfi,i:Hfr
ûom computers out of the Public eYe,
deparment head office.
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Part A-2
A. Addresses for Notice:
(a) FoTMTO
Information Ma¡agement Services Oversight Office
Main Floor, Building "A"
2680 Keele Street
Downsview ONTARIO M3M 3E6
Attention: Coordinator, Business Infomlation Services Unit
Telephone : (41 6) 246-7 I 12
Facsimile: (41 6) 23 54465
(b) For the Municipality
TITE CORPOR.ATION OF THE MTJMCIPALITY OF BAYIIAM
Physical Address:
93,14 Pla¡kRoad
Sr¿ffo¡dville ONTARIO
NOJ lYO
CANADA
Mailing Address:
93,14 Plank Road
Straffordville, ONTARIO
NOJ IYO
CAI.IADA
Attention: Mr. Gordon Roesch, Fire Chief
Telephone: (5 19) 866-5521
Facsimile: (5 19) 86ó-3884
B. List of Authorized Staff:
Mr. Gordon Roesch, Fire Chief
Mr. Kyle Kruger, Administrator
C. Records Custodians:
(a) MTO:
(Title) Supenisor, Data Access Unit
(TelephoneNunber) (416)246-7214
O) The Municipality:
(Title)
(Tele.phone Number) ( )
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SCHEDULE I'B''
MUNICIPALIry EMPLOYEE SECT]RITY STATEMENT 1109I
Employee Name:
Division:
Position #:
l. TIIE CORPORATION OF TIIE MUMCIPALITY OF BAYHAM (the "Municipality") is
lice¡sed to receive confide¡tial and personal i¡formation (the "Information") ûom files aod dat¿
bases administered by the Ontario Ministry of Transportation ("MTO"). MTO is committed to
protecting this Information fiom unauthorized access, use or disclosure. The following policies have
been adopted to address employees'responsibilities for handling and protecting this Information.
2. As an employee of the Municipality, you nay access this Info¡mation only when necessa¡y to
perform your duties as such employee in the cou¡se ofyour employment, and only for the following
puIposes:
AU08 - Locating and invoicing owners ofabandoned/illegally parked vehicles. For the
avoidance ofdoubg Licensed Information accessed and used for this Authorized
Use ca¡not be disclosed to thi¡d parties for the purpose of collection of
outstanding debts from the owners who have been located and invoiced.
3. You must not access or use this Info¡mation for personal reasons. @xamples ofinappropriate
access or misuse of Information include, but Ère trot limited to: naking inquiries for personal use or
processing transactions on yor¡r owu records or tåose of your füeods or relatives; accessing
Inforrration about aootåer person, including locating thei¡ ¡esidence address, for any reason not related
to your work respo¡sibilities o¡ not authorized by the Municipality.)
4. You may disclose Inforrration only to individuals who have been authorized to ¡eceive it
through appropriate procedures which have been authorized by MTO. (Examples of unauthorized
disclosu¡es include but are not limited to: looking up someone's address for a friend.)
5. You must take reasonable precautions to maintâin the secrecy of any password you use to
access l¡formation elecFonically. Reasonable precautions include, but are not limited to: not telling
others your password or knowingly allowing them to obserye while you ente¡ it at a lerminal; and
ûequently changing your password (and ifyou suspect your password has been used by someone else,
changing it immediately and notiffing the Municipality); and selecting random passwords that are not
easy for others to guess,
6. You must take reasonable precautions to protect data eDtry temrinals and equipment from
uuautùorized access. Reasonable precautions include, but are not limited to: not leaving your ærminal
unattetrded while you are logged outo the system; exiting the d¿tabase which contains any Information
when you leave your workstation; securing your terminal with a locking device if one has been
provided; storing in a secure place any use¡ docunentation to programs through which elecEonic
access to any Infomration may be gained; and reporting any suspicious ci¡cu.mstances or unauthorized
individuals you have observed in the work area to the Municipality.
I h¡ve re¡d ¡nd I underst¡nd the security policies stated above, and will compþ with them ¡nd
any other security policies issued in the future by the Municipality, MTO. I understand that
failure to comply with these policies may result ln disciplinary action by the Municipality and/or
civil or criminal prosecution in rccordance with applicable statutes.
Signature ofEmployee Date
Witnessed By Date
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(l)
SCIIEDULE'IC''
FEES AND PAYMENT SCHEDULE
Payment of Amounts
The Municipality sball pay MTO the following amounts for accessing the Licensed
Information:
$8.25 of every allowance of $ll that the Municipality ¡eceives fo¡ each
notice of impending conviction that the Municipality issues where a
conviction is subsequently obtained under subsection 18.2(6) ofthe POA (the
allowance is authorized by subsections l2(1), (3), O. Reg. 949 made under
the POA);
subject to clause 1(2) of this Schedule, $8.25 of every allowance of $9.00
that the Municipality receives for each fine that it collects in connection with
a conviction under section 18.4 of the POA (deemed not to dispute charge
due to failu¡e to app€ar at the time and place appointed for the hearing) (the
allowance is authorized by subsection 12.1(1), O. Reg. 949 made unde¡ the
POA).
Where t[e Municipality ¡eceives an allowance of less than $9,00 as authorized by
subsection 12.1(l) ofO. Reg. 949, it shall not ¡emit the amount specified in clause
(b), but instead it shall remit to MTO any amount it receives in excess of $0.75, up to
the amou¡t of 58.25.
Method and Timing of Payment
Subject to Clause 3 of this Schedule, the Municipality shall remit a payment by cheque which
shall be received by MTO on or before tbe fifteenth day of each month for the amount
prescribed in clause I above. The payment that is remitted to MTO shall be the amormt owing
to MTO ûom the previous calendar month and shall be accompaoied by the conesponding
monthly report (in accordance with section 9.1 ofthe Agreement).
Back Payment
Between July l, 1998 and the first day of the month in which this Agreement is executed if
the Municipality has accessed and used Licensed Info¡mation for which payment remains due
and owing to MTO, the Municipality shall remit such payment by cheque to MTO ìvithin (30)
days after the date of execution of this Ageement. Such palrm.ent shall be accompanied by
monthly reports (in accordance with section 9.1 of the Agreement) containing the
correspouding data for any month for which payment i5 outstanding.
Payment Information
Any payments owing to MTO under this Agreement o¡ the Schedules made he¡eunder shall be
made payable to the Minister of FinanceÀdTO. All payments and any reports tbat are required
to be sent to MTO under this Agreenent or the Schedules made thereunder shall be sent to:
Ministry of T¡ansportation
Information Maoagement Services Oversight Office
Attention: Supervisor, Data Access Unit
2680 Keele Sl, Buil¡ling "A"
Downsview ONTARIO M3M 3E6
(a)
o)
(2)
4.
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SCHEDULE ''D''
A['DIT. INSPECTION AND REVIEW
1. Right of Audit.
MTO shall each have the right, from time to time, to Audit such of the Muoicipality's operations as
¡elate to or a¡e involved in the performance of the Municipality's obligations under this Agreement,
including:
G) the Municipality's security arangemetrts (including the Security Statements ard
Contracto¡ Security Agreements), and the Municipality's books and records; and
(b) any media o{ or in the possession of, the Municipality that contain any Confidential
Information.
2. Timing of Audits.
The Audits contemplated in this Schedule I'D'r may be conducted at any time during the
Municipality's normal business hours upon 24 hou¡s' prior written notice (or, in the case of Audits
relating to possible Privacy Defaults, without prior notice).
3. AuthorizedMTORepresentatives.
MTO shall have the right to engage third party representatives to perform Audits contemplated in this
Schedule'rI)rr.
4. Privacy Compliance.
(a) Privacy-related .Audih. Without limitation to the generality of this Schedule "D",
the Audit rights of MTO shall include the right to measure the Municipalþ's
compliance with: (A) the Privacy I¿ws; (B) the provisions of this Agreement
relating to the Municipality's compliance with the Privacy Laws; (C) the provisions
of Articles 4 to 8 incluslve; and (D) any other provisions of this Ä,greement that
¡elate to Pe¡sonal Information or the Processing ofPersonal Information.
(b) Privacy Compliance Meetings. In addition to performing the Audits contemplated
in sectlon 4 (a), MTO may require the Municipality to meet with MTO to ¡eview the
results ofsuch Audits as they relate to the matters referred to in section 4 (a). Such
meetings shall be held at such times and places as MTO may mutually agree upon
with the Municipality from time to time, acting reasonably. However, if as a result of
any such Audit MTO has ¡eason to believe that the Municipality has committed a
Privacy Default, MTO may require zuch meeting to be held within one (1) Business
Day of MTO's noti$ing the Municipality in writing that MTO wishes to hold such
meeting.
5. Performance Reúews,
(a) Audits Relating to Over¡ll Perfo¡mance. Without limitation to the generalþ of
this Schedule "D", tle Audit rights of MTO shall include the right to measure the
Municipality's overall performance of its obligations under this Agreement.
(b) Meetings to Review Overall Perform¡nce. In addition to performing the Audits
contemplated under section 5 (a), MTO may require the Municipality to meet with
MTO to ¡eview tåe results of such Audits as they relate to the matters refered to in
sectíon 5 (a). Such meetings shall be held at such times and places as MTO (as the
case may be) may mutually agree upon with the Municipality from time to time
acting reasonably.
6. Location ¡nd Manner of Audits.
The Audits contemplated in this Schedule "D" nay be conducted on-site at the location(s) ofany of
the Municipality's businesses or operations that ¡elate to, or are involved in, the perfonnauce of the
Municipality's obligations under this Agreement or tåe exercise of the Mrmicipaliqy's rights under this
Agreement, including the location(s) ofany ofthe following:
(a) the Security Statements or ConEactor Security Agreements, or the Municipality's
books and records; or
(b) any media of, or in the possession of, the Municipality that contain any Confidential
I¡formation.
Such Audits may be conducted i¡ whole or in part by remote elecüonic means if the Municipality's
electonic systems have the fimctional capability of facilitating such remote Audits.
7. MunicipalityCooperation.
The Municipalþ shall firlly co-operT¡te with MTO in facilitating the conduct of any Audits
Memorandum regarding "MTO Authorized Requestor Agreement
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contemplated in this Schedule rrD", including providing such access, documentation, information,
copies of docr¡mentation and information, and assistance as MTO may reasonably request for the
purpose ofsuch Audits.
8. Dur¡tion of Audit Rights.
The audit rights ofMTO shall continue in effect fo¡ a period of three (3) years after the expiration or
termination of the Agreement.
9. CorrectionofDefaults.
Without limiting or restricting any other obligations of the Municipality, or rights or remedies of
MTO, under this Agreeme¡t or at Law or in equity:
(a) the Municipalþ shall, at its sole cost, corect any breaches by the Municipality of
this Agreement (including any Privacy Defaults) identified through aû Audit (aúd in
respect of which MTO has provided written notification to the Municipality). Such
corrections shall be done as expeditiously as reasonably possible and in any event
within the applicable cure period (ifany) provided in section 1E.1 ofthe Agreertent.
O) the Municipality shall notif, MTO itr writing upon such breaches having being
coÍected.
(c) After receiving such notification from the Municipality, MTO may conduct a follow
up Audit to confirm that all such b¡eaches have been conected"
(d) Ifrequested by MTO in the notification refered to in section 9 (a):
(Ð the Municipality shall provide to MTO, within ten (10) days of receiving
the notification refe¡red to in section 9 (a) (or wi lrin five (5) days of
receiving zuch notification, where such breaches constitute Privacy
Defaults), a ¡easonable w¡itten plan outlining the steps ùe Municipality will
take to ensu¡e that such breaches do not occur again; and
(ü) the Municipality shall implement the plan provided under section 9 (d)(i).
10. Costs of Äudit
(a) All costs incurred by the Municipality in connection with the Audits contemplated in
this Scbedule "D" shall remain solely tåe responsibility of the Municipality.
O) Excçt as provided in section 10 (c), all costs incurred by MTO in connection with
the Audits contemplated i¡ this Schedule "D" shall remain solely the responsibilþ
ofMTO.
(c) Despite section 10 @), if any Audit contemplated in this Schedule rrD[ discloses a
material default by the Municipalþ under this Agreemen! then the Municipality
sball reimburse MTO fo¡ MTO's reasonable a¡d verifiable costs of conducting zuch
Audit.
11. lVithoutPrejudice.
For the avoidance of doubt, nothing in Schedule "I)" shall be deemed to limit or prejudice the righs
of MTO or the obligations of the Municipality under any oúer provision of this Agreement or at law
orin equþ.
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 146 of 297
Cheque No.
SCIIEDULE WEW. MONTHLY REPORT
Municipality Monthly Court Cost Payment Report to Ministry of Transportation
Municipality
Reporting Period (yyyy/nm/dd)_to (yyyy/mm/dd)
Customer (POA) A/C No.
Condltlons:
Àmount of Cheoue ¡(tached fs¡me ¡s box 12ì
Issue Date )
Signature of Treasurer or Chief Financial Oflicer Ministry of Transportation
Information Mana8:rnent Services Oversight Offìce
Attr: Supe¡visor. Data Access Unit
2680 Keele Street
Downsview ONTARIO M3M 386
P¡vment Catesor¡es No, ol ¡ ully fr¡d I ¡cl(ett i\lunlcipalitv Service Fee lotal Amount Rem¡tted to
ueemeo rlor fo l,rsPure" (alIrcre ¡r.I (r, D o¡ m€
Authorlzed Requester Agreement)
(r)17)(3)
"llârl to l(espond" ulsyment lece¡ved alter
Notlce of Fine and Due D¡te but before plate
denlal) (Article 4.1 (1) a of the Authorized
Reouester Äsreementì
(4)(5,)
Thts ls $.75 ttmes bo¡ (4)
(o,
Thls is $8.25 timer bor (4)
"¡ail to l(etpond" (p¡yment recêived ¡lter pllte
denial) (Article 4.1(1) a of the Authorlzed
Requester Agreement)
{7)(ı,
Thls l¡ $.75 tlmes bor (7)
(v,
This is $E¡25 tlmes box (7)
'lotals (r0)(11)(t2)
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SCHEDULE 'IIII' - AìINUAL REPORT
Reporting Period (yyyy/mrn/dd)_to (yyyy/mm/dd)
Name of municipality:
Customer A/C No: 11091
Ministry of Transportation
Information Management Services Oversight Office
Attr: Supewisor, Data Access Unit
2680 Keele Street
Downsview ONTARIO M3M 3E6
t For the first a¡nual report (1998/99), this represents number oftickets issued from July l, 1998 to March 3 1, 1999. Subsequent years are from April I till March 3 1.
z Data required for this row and below will be referring to all tickets issued from July l, 1998 onwards till the end ofthe reporting year.
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SCITEDULE NGII - MINIS'IRY REPORT
Annuel Report fron Mlnlrtry of Transportatlon to
Reportin g Period (yyyy/mm/dd)
Customer A./C 11091
to (yyyylmm/dd)
Month Tot¡l Amount Remltted to Ministry from
Municipellty Pursuant to
Number Of Plate Enquiries Requested By The Municip¡tity
Certlfred Uncertlfied
May
June
July
Augusl
September
Uctober
November
Decemher
January
febn¡âry
March
Yerrly lotalr
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7
NON-DISCLOSURE AGREEMENT
PERMITTED RECIPIENT 1 1O9I
Fo¡ sufficient valuable consideration you acknowledge having ¡eceived (and as a condition of
receiving Confidential Information from the Municipality), you understand and agree as follows:
I. Under atr ag¡eement (the "Requester Agreenent") with the Ontario Ministry of
Transportation ('MTO"), the Municipality is licensed to receive confidential and
personal information (the "Licensed Information") from f¡les and databases
administered by MTO.
II. The Municipality and MTO a¡e committed to protecting all of this Licensed
Information and any i¡formation derived from the Licensed Infomration, (all of
which is together referred to as the "Confidential Information") from unauthorized
access, use or disclosu¡e.
m. The following policies, and any ñrtrue policies issued by MTO a¡d the
Municipality and provided to you in writing, (the "Policies") set out your
responsibilities for haadling and protecting tbis Confidential l¡formation. As a
pemitted recipient of the Confidential Inforrnation (a "Permitted Recipient") you are
bound by these Policies:
L Ownership: You acknowledge and agree that the Confidential Information is and
will at all times remain solely the property of MTO.
Confidentiality ¡nd Use: You must hold all of the Confidential Infornation in stict
confidence. Without limiting the generality of this obligatio& you must NOT
directly or indirectly do any ofthe following:
(a) disclose, make available, or provide or permit access to or use of, any
Confidential Information to ANY other party (including, but not limited to,
any third party contractor) for any purpose. The ONLY exception is tùat
you mây permit those of your employees who need to how that
Confidential l¡formation fo¡ the Permitted Purpose(s) indicated above. This
exception only applies after you have firlly informed those employees of,
and required those employees to ñrlly comply witb, the Policies, and have
obtained from each ofthe employees a signed Employee Security Statement
in the form appended to this Agreement as Schedule "4"), You will be frrlly
liable to the Municipality and MTO for any failure of you¡ employees to
fully comply with the Policies. Future Policies will be cooside¡ed to have
been "issued" by MTO or the Munlcipalit5r wben you are notified in
writing of those Policies;
O) make any firll or partial copies (in any format or media) of any of the
Confidential Information (other than copies necessary to carry out the
Permitted Purpose(s)).
(c) use any of the Confidential Infom¡ation for any purpose other than the
Permitted Purpose(s). To avoid any doubt, you must never access, r¡se or
disclose any of the Confidential Information for any reasons tbat do not
meet both of the above requirements, such as for personal reasons (e.g.
looking up someone's address for a friend).
MTO Audit: You must accommodate audits by MTO in acco¡dance with the MTO
Audit Policy (a copy ofwhich is appended to this Agreemeot as Schedule
which you acknowledge having, read and understood), and fully co-operate with and
assist MTO in carrying out zuch audits in accordance with such MTO Audit Policy.
2
Permitted Recipient:("you" or "your")
[Inært Nme of Pemitted Ræipieot]
Municipality Nane:THE CORPORATION OF TI{E MUNICIPALITY (the
OF BAYHAM "Municipality")
Permitted Purpose(s):Supply and/or support of softwa¡e and/or ha¡dwa¡e
and/or programming related to the Municipality's
Municipal Parking Tag Program and the data
received by the municipality from the Ministry of
Transportation in ¡elation to the municipality's
Municipal Parking Tag Program
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 150 of 297
4 Access and Use Only From Premises Approved by Municipality: You may only
access a¡d use the Confidential Information from premises approved by the
Municipality. You must never copy or remove any Confidential Information Êom
such premises,
Data Matching or Profiling: Subject to the Pemritted Purposes referred to above,
you mrxrtnot:
(a) develop or derive for any purpose whatsoever, any other product, work or
daøbase, in human-readable or machine-readable form or otherwise, that
incorporates, modifies, or uses in any ma¡rner whatsoever, any personal
information contained in or obtained from the Confidential Information.
(This does not, however, apply to any specific personal information that
you had in your possession prior to receiving the Confidential Information);
or
(b) place any daø which was not obtained directly or indirectly from the
Municipality, into a database containing personal i¡formation obtained
directly or indirectly from the Municipality.
No Contacting Individuals: You must not use the Co¡fidential Information directly
or indirectly to locate or contact any individual to whom the Confidential
Information is di¡ectþ or indirectly ¡eferable
(a) To avoid any doubt, nothing in this Policy 9 will limit or release you from
any ofyour other obligations under this Agreement, which obligations will
¡emain in fi¡ll force a¡d effect.
Comply with Law: You must at all times remain in full compliance with all
applicable ¡oo's ¡sl¿ring to any access, use or disclosure of any personal information
contained in the Conlidential Information. You must also comply with any written
instrr¡ctions or di¡ectio¡s from MTO from time to time conceming such Personal
inforrration (to the extent that the Municipality notifies you of such instn¡ctions or
directions).
Secrecy of P¡sswords: You must lake reasonable precautions to maintain the
secrecy of any password you use to access Confideotial lnformation electronically.
Reasonable precautioDs include, but a¡e not limited to: not telling others your
password or howingly allowing them to observe while it is entered at a temrinal;
frequently changing your password (and, ifyou suspect your password has been used
by someone else, changing it iomediaæþ); and selecting random passwords tbat are
not easy for others to guess.
Access to Termi¡als: You must take ¡easonable precautions to protect datâ etrty
ærminals aud equipment from u¡authorized access. Reasonable precautions include,
but are not limiæd to: not leaving yow terminal r¡nattended while logged onto the
system; exiting the databæe which contains any Confidential I¡formation when
leaving the worlatation; securing you¡ terminal with a locking device if one has been
provided; and storing in a secure place any user documentation to programs through
which electronic access to any Confidential Info¡mation may be gained.
All ofyour obligations in this Agreement will survive the expþ or any terrrination
of your relationship with the Municipality, and will continue in full force and effect
subsequeotly until they are satisfied or by their natrue expire.
If any provision of this Agreement is illegal, invalid or unenforceablg it will be
severed. No waiver of any provision of this Agreement by the Municipality will
constitute a waiver ofaay other provisions (whether or not simila¡) or a continui.g
waive¡. This Agreement will be govemed by Ontario law and the laws of Canada
applicable in Ontario. You and the Municipality agree to attom to the non-exclusive
jurisdiction of the courts of Onta¡io for the resolution of any disputes arising out of,
or in co¡nection with, this Agreement. This Agreement may not be assigned by you,
but otherwise will be binding upon and enure to the benefit of you aod the
Municipality and the respective heirs, executors, adminisûators, successo¡s and
pemritted assigns of you and the Municipality.
MTO Right to Enforce th¡s ,{gre€ment: You and the Municipality acknowledge
and agree that:
(a) While MTO is not a party to this Agreement aod has no obligations under
this Agreemen! MTO will have the right to directly enforce your
obligations in clause III above as if MTO we¡e a party to this Agreement;
(b) In fürtherance of clause (a) above, the Municipality will be a trustee of
MTO (and MTO's successors and assigûs) ¡ot g[s limited purpose of
9.
w.
V.
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 151 of 297
holding your obligations in clause III above in tn¡st fo¡ MTO (and MTO's
successors and assigns). (And to the extent that clause III incorporates any
defined terms, the definitions of such terms as provided in this Agreement
will be conside¡ed to be inco¡porated into clause III for the purposes ofthis
clause VI);
To avoid any doubt, this mea¡s that in addition to the Municipality
enforcing your obligations under this Agreement (in tbe Municipality's
capacþ as a parry to this Agreement), MTO (and MTO's zuccessors and
assigns) may also enforce your obligations in clause III above in MTO's
own rigbt (and MTO will not be required to add the Municipality as a party
to any proceedings for such enforcement); and
The trust created in favour of MTO (and its successors and assigns), as
contemplated above, being coupled with an interest, may not be revised o¡
revoked without the prior written consent ofMTO (or such successors and
assigns, as the case may be).
You ack¡owledge that you have read and urderstand the provisions of this
Agreement (including but not llmited to, the Pollcies set out or referred to
above), and will comply with them end with any other Policies issued in the
future by MTO or tbe Municlpality. You understand tbat failure to comply
with the Policies or any such other Policies or changes will be ¡ breach of this
Ägreement and (among other things) may result in clvil or criminal prosecution
in ¡ccord¡nce with applicable statutes.
lnsert Name of Permitted Recipient
Authorized Signatu¡e of Permitted Recipienl Date:
Insert Name of Municipality
Authorized Signature of Municipality Date:
(c)
(d)
VII
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 152 of 297
SCIIEDULE rrArr of
NON-DISCLOSI,JRE ÀGR"EEMENT
PERMITTED RECIPIENT
EMPLOYEE SECURITY STATEMENT
@ermitted Recipient)
Permitted Reciplent
Name:
Employee Name:
Division:
Position #:
THE CORPORATION OF TTIE MUMCIPALITY OF BAYIIAM (the "Municipality") is licensed to
¡eceive confdential and personal information (the "Information") Êom files aud databases
administered by the Ontario Ministry of Transportation ("MTO"). Under au agre€ment with the
Municipality, (the "Permitted Recipient") has been
authorized to access the Infomration. The Municipality and MTO are committed to protecting this
Info¡matio¡ from unauthorized access, use or disclosure. The following policies have been adopted to
address employees'responsibilities for handling and protecting this Infomration.
l. As an employee of the Permitted RecipienÇ you may access this Information only
municipality's Municipal Parking Tag Program.
2, You rrust not access or use this Information for personal rea.sorÌs. @xamples of
are not limited to: making inquiries
records or those of your friends or
including locating thei¡ residence
ad&ess, for any reasotr ¡ot related to your work responsibilities or not authorized by the
Permitted Recipient.)
3. You been authorized to
receive it th¡o MTO. @xamPles of
unauthorized eone's add¡ess for a
friend.)
4. You must take reasonable precautions to maintain the secrecy ofany password you
use to access Information electonically. Reasonable precautions include, but are not limited
to: not telling others your password or knowingly allowing them to obsewe while you enter it
at a terminal; and ûequently chaoging your password (and, ifyou suspect your password has
been used by someone else, changing it immediately and noti$ing the Permitted Recipient);
aud selecting random passwords that are not easy for others to guess.
5. You must t¿ke reasonable precautions to protect data entry terminals and equipment
fiom unauthorized access. Reasonable precautiotrs i¡clude, but are not limited to: not leaving
your terminal unattended while you are logged onto the system; exiting the database which
to the Permitted Recipient.
I have rerd ¡nd I understand the security policies st¡ted above, and will comply with them and
any other securlty policies (or changes to policies) issued in the future by the Permitted
Reclpienl Munícipality or MTO. I understand that fâilure to comply with these policies (or any
such other policles or changes to policies) nay result in disciplinary action by the Permitted
Recipient anüor civil or criminal prosecution in ¡ccordance with applicable statutes.
Signature ofEmployee Date
Vy'ihessedBy Date
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 153 of 297
SCHEDULETTBTTof
NON-DISCLOSURE A,GREEMEÌ.IT
PERMITTEI' RECIPIENT
MTO AUDIT POLICY 1IO9I
@ermitûed Recipient)
Permitted Recipient:("you" or "your")
fimert Nme of PmitÞd Ræþist]
Municipality Narne:TFIE CORPORATION OF THE MLJMCIPALITY (theOFBAYIIAM "Municipality")
This is the MTO Audit Policy referred to in the Permitted Recipient Non-disclosr¡re Agreement that
you signed with the Municipality (the "Permitted Recipient Nondisclosurc Agreement,').
Capitalized terms that a¡e used in this MTO Audit Policy, but not defined in this MTO Audit Policy,
have the meanings given to them in the Pe¡mitted Recipient Non-disclosu¡e Agreement. In this MTO
Audit Policy, the following deñned terms have the following meanings:
"Aud¡t" and similar expressions meaDs the performance by, on behalf of or for MTO of such
audits, reviews, investigations, inspections, confirmations, certifications, tests, studies and
determi¡ations of or relating to any matter or thing pertâining to what is contemplated in clause (i)
or (ii) ofsection I below.
rrBusiness Day" means a day other than a Saturday, Sunday or a statutory, civic or public sewice
holiday obsewed i¡ the Province of Ontario.
"includerr, t'includes' or ttincludingtr mea¡ 'include without limitation', "includes without
limitation" and "including without limitationn, reqpectivel¡ and the words following "include",
'includes" or "including" will not be considered to set out an exhaustive list
"Privacy Default'r means a b¡each of (i) any Privacy Laws, or (ii) any ofthe provisioos ofthe
Pernitted Recipient Non-disclosure Agreement.
"Privacy Lawsrr means the Freedom of Inlornation ond Protection of Privacy Act (Ontario), and
the provisions of any other law from time tbat are applicable to you and that address the collection,
use or disclosu¡e ofpersonal information.
l. Right of Audit
MTO u'ill have the righ! from time to time, to Audit such of your businesses and operations as ¡elate
to, or are involved in, the your possession or control ofConfidential Information.
Subject to the provisions of this MTO Audit Policy and applicable law (including the Privacy laws
and tåe provisions of any other law from tíme that are applicable to MTO and that address the
collecti
may be
time to
hold in
(or such third party representatives) in connection with an Audit carried out under this MTO Audit
Policy.
2. Tining of Audits.
The Audits contemplated in secüon I may be conducted at any time during yow normal business
hours upon 24 hou¡s' prior written notice (or, in the case of Audits relating to possible Privacy
Defauls, without prior notice).
3. AuthorizedMTORepresentatives,
MTO will have the right to engage third pa.ty representatives to perform Audits contemplated in
section 1.
4. Privacy Compliance.
(a) Privacy-related Audits. ìür'ithout limiting the generality of section l, MTO will
have the right to conduct the Audits contemplated in section 1, to measure your
compliance with: (Ð the Privacy Laws; or @) the provisions of the Permitted
Recipient Non-disclosure Agreement.
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 154 of 297
(b)
will be held at such tines and places as MTO may mutually ag¡ee upon with you
from time to time acting reasonably. However, if as a result of any such Audit MTO
has ¡eason to believe that you have committed a Privacy Default, MTO may require
such meeting to be held within one (l) Business Day of MTO noti$ing you in
writing that MTO wishes to hold such meeting.
5. Perform¡nce Revlews.
(c) Audits Relating to Overall Performance. Without limitiry the generality of
section 1, MTO will have the right to conduct the Audits contemplaæd in section 1,
to measure your overall performance of your obligations unde¡ the Pe¡mitted
Recipient Non-disclosure Agreement.
(d) Meetings to Revlew Overall Performance. In addition to performhg the Audits
contemplated unde¡ section 5(a), MTO may require you to meet with MTO to
¡eview the ¡esults of such Audits as they relate to the matters ¡eferred to in section
5(a). Such meetings will be held at zuch times and places as MTO may mutually
agree upon with you ûom time to time acting reasonably.
6. Loc¡tion ¡nd M¡nner of Audih.
may b our
or a¡e the
Posses
Such Äudits may be conducted in whole or in part by remote electronic means if you¡ computer
systems have the functional capability offacilitating such ¡emote Audits.
7. Co+peration.
You must frrlly co-operate with MTO in facilitating the conduct of any Audits contemplated in section
1, including providing such access, doc,'mentation, inforrnation, copies of doc¡mentation and
information, a¡d assistance as MTO may reasonably request for the purpose of such Audits.
8. Durstion of Audit Rights.
MTO's Audit rights as contemplated in section 1 will be in force from the date you receive a copy of
this MTO Audit Policy to the date which is three years after you ceæe to be a Pemritted Recipient.
9. Correction ofDefaults.
Without limiting or restricting any other obligations you rnay have, or rights or remedies MTO rtay
have, under this MTO Audit Policy or at law or in equity:
(a) You will, at your sole cost, corect any Privacy Defaults (including any
b¡eaches of the Pe¡mitted Recipient Non-disclosu¡e Agreement) identified
through an Audit (and in respect of which MTO provides written
notification to you), and will do so as expeditiously as reasonably possible
aud in any event within fou¡ (24) hours ofreceiving notice ofsuch Privacy
DefaultfromMTO.
(b) You will notifi MTO in writing upon such breaches having being corrected.
(c) After receiving such notification from yor¡ MTO may conduct a follow up
Audit to co¡fimr that all such b¡eaches have been corrected-
(d) Ifrequestedby MTO in the notificatioureferred to i¡ section 9(a):
(Ð you will provide to MTO, within five (5) days of receiving the
notification referred to in ¡ection 9(a), a reasonable written plan
suflining the steps you will lake to e¡sure that such Privacy
Defaults do not occur again; and
(iÐ you will implement the plan provided under sectio¡ 9(dXi).
10. Costs of .A,udit.
(a) All costs incurred by you in connection with the Audits contemplated in
section 1 will remain solely your responsibility.
(b) Except as provided in section 10(c), all costs incurred by MTO in
co¡nection with the Audits contemplated in section I will remain solely the
responsibilþ of MTO.
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 155 of 297
Despite section 1.10@):
(Ð if any Audit contemplated in section 1 discloses a material
uncu¡ed default by you under the Permitted Recipient
Non-disclosure Agreemen! then you must reimbu¡se MTO for
MTO's reasonable and verifiable costs of conducting zuch Audit;
(ü) ifany Confidential Information is in yourpossession or contol at
a location outside of Onta¡io, then you must reimburse MTO fo¡
MTO's reasonable and verifiable costs of conducting Audits (as
contemplated in section 1) at such location(s) outside of Ontario.
However, MTO shall only have the rigbt to obtain reimbr¡¡sement
r¡nder this section 10(c)(ü) in respect of one such Audit in each
calendar year. (Note: to avoid any doubt, nothing in this section
10(cXü) will be considered to in any way reduce or waive your
obligations under sectlon 4 of the Permitted Recipient
Non-disclosu¡e Ageement.)
ll. WitboutPrejudice.
To avoid any doubt, 16 r¡ing in this MTO Audit Policy $,ill be deemed to limit or prejudice MTO's
rights or your obligations unde¡ the Permitted Recipient Non-discloswe Agreement or at law or in
equity.
(c)
Memorandum regarding "MTO Authorized Requestor Agreement
11091".
Page 156 of 297
MUNICIPALITYOF BAYHAM
MEMORANDUM
DÄTE: JUNE 30,2011
TO: Council FROM: RayMaddox, Volunteer
RE: InactiveCemeteryMaintenance NUMBER: C2011-08 < ., a
The volunteer cemeteries sub-committee would like to start cleanup work at inactive cemeteries
in Bayham beginning with Old Eden, Firb¡ Estherville and Hemlock Creek sites.
The group includes Herwin Ouellette, Joe Diclfiout and George Beard Jr. and myself.
I would like to have the Municipality purchase a weed eater with a blade, that the volunteers
could use, as the Public'Works department does not have one. Prices, with a blade, range from
$280 upwards. Prices for a Stihl have been obtained from Chesterman Power Products. Rentals
are $30 ' $50 per day plus gas.
The volunteers would start by cleaning up the fence lines including tree and brush cutting and
removal. We would need assistance from the Public'Works department in the rernoval and
disposal of the brush.
Once we have the fence lines cleaned up we would need to purchase and replace posts and fix
existing fencing. 7' heavy duty posts would cost $11 - $14 each and it is suggested that a
minimum of 50 be purchased at a time. Assistance to drive in the posts from the PW students
would be appreciated if available.
It is doubtful we would get to raising and leveling markers or fixing where spires and/or
attachments have fallen or broken off this year.
Approval is requested to purchase a Stihl weed eater and blade at approximately $330 plus tax,
ear protectors, safety glasses and 50 steel 7' fence posts when needed.
Respectfully submitted
Ray I'faddox
Memorandum C2011-08 regarding "Inactive Cemetery
Maintenance".
Page 157 of 297
Page 158 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 159 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 160 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 161 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 162 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 163 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 164 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 165 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 166 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 167 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 168 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 169 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 170 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 171 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 172 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 173 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 174 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 175 of 297
Memorandum C2011-09 regarding "Elgin Military Museum
Agreement".
Page 176 of 297
T
iì iu
CORPORATION OF THE MT]NICIPALITY OF BAYHAM
STAFF REPORT
TO: Mayor & Members of Council
F'ROM: Denis Duguay, Treasurer
SUBJECT: Cell Phones
DATE: July7,20ll
FILE:
NUMBER: F2011-09
Purpose:
This report is to recommend a new cellular plan for the Municipality of Bayham.
Background:
Currently, the municipal cellular plan is with Telus and the plan is expiring shortly; all
but two cell phone plans expire July 2l/20I1.
Staff Comment:
Staff have encountered many issues such as drop zones and messages received days after
being recorded. This issue has caused distress amongst our rate payers and our senior
management team. Staff have investigated the possibility of changing providers to better
accommodate operational needs for the different municipal departments and reduce the
monthly cost. Telus technology in the Municipality of Bayham has many drop zones;
staff has tested the smartphone service on Telus network and has experienced the same
problem as on the present MIKE technology. Staff have investigated Bell technology and
spoken with other municipalities utilizing the Bell technology, and they are experiencing
the same issues as Telus. The only technology or network that has been recommended
with only minor issues is the Rogers network.
Staff Report F2011-09 regarding "Cell Phones".
File: A12
Page 177 of 297
Staff Report
Summary
Staff suggest that there is a need and benefit to smafphone technology, especially for
those needing emergency response phones, as a great amount of interaction could be done
by e-mail and text messaging in return reducing the amount of minutes utilized at the
present time. This would total 5 such phones. In addition, 6 standard cell phones are
required for municipal staff communications.
Monthly fees for the phone and data plan by Telus and Bell and Rogers are similar in
cost. The smartphone technology is more dependable compared to the MIKE technology,
and could reduce the monthly cost over and above the utilization of standard cell phones.
Staff s recommendation would be Rogers's network, where monthly charges would be
approximately $500 per month. Currently, monthly charges under Telus arc attypically
$1,200 for monthly fees and airtime. Savings of approximately $700.00 per month could
be realized by switching to Rogers. In less than one year, savings would pay for the
initial outlay required for the purchase of the required phones.
-7 -
Monthlv
Gompanv Smartphone* Minutes
Telus $ 120.00 1000
Rogers $ 140.00 1000
Bell $ 130.00 600
*Notes:
Monthlv
Gellular
$ 100.00
$ 80.00
$ 80.00
Minutes Gomments
800 2 Team Lines
650 2 Team Lines
500 2 Team Lines
Telus - Currently going over available minutes by 3000 monthly
Rogers - smartphone first two lines are $140.00 and all additional are $25.00, each with
100 minutes
Staff Report F2011-09 regarding "Cell Phones".
File: A12
Page 178 of 297
Staff Report F2011-09 regarding "Cell Phones".
File: A12
Page 179 of 297
Page 180 of 297
t?
l-Ò\
CORPORATION OF TIIE MUNICIPALITY OF BAYTIAM
STAFF REPORT
TO: Mayor & Members of Council DATE: Jittly 7,2011
FROM: Denis Duguay, Treasurer FILE:
SUBJECT: Interest Rates for'Water Project NUMBER: F 2011-11
Purpose:
This report is to obtain council di¡ection to proceed with financing of the'Water Project
cost associated to the rate payer's that have elected the ten (10) year repayment option
oflered in by-law 20ll-046.
Background Comments:
As council is aware the water project is completed and repayment of the capital cost
related to rate payers on the water system is now due. Two options were made available
to rate payers in the bylaw 20ll-046, the first one option a onetime payment of the said
cost and the other option was a ten year repayment.
After careful consideration and research staff has investigated different avenues of
financing and requested quotes from two (2) banks on the interest rate and possibility of
receiving financing.
Staffhas received two (2) quotes on the interest rate for the financing of the related costs,
first from the Canadian Imperial Bank of Commerce in the amount of 4.12% and the
other from the Royal Bank of Canada in the amount of 4.10o/o. Staff was advised by the
bank representative of the Canadian Imperial Bank of Commerce that the Municþality
may not qualiff for this special rate as the day to day business is with the Royal Bank of
Canada and not with the Canadian Imperial Bank of Commerce.
Staff Comment:
Staff would like the authorization to proceed with the financing of the said costs of the
water project with the Royal Bank of Canada at a rate of 4.70Yo.
If financing is approved at 4.10Yo the said cost associated to rate payers that have chosen
the option of ten (10) year repayment the annual cost would be $106.25.
Strategic Plan:
Goal # I Practice responsible financial management
Staff Report F2011-11 regarding "Interest Rates for Water
Project".
Page 181 of 297
Staff Report F2011-11 regarding "Interest Rates for Water
Project".
Page 182 of 297
I
July 4,2011
Dear Mayor and Council members,
My non-profit organization SANYA (Spay And Neuter Your Animals) has been
helping the Bayham community for a number of years now, taking in
stray/unwanted cats, having them spayed/neutered, vaccinating them and then
helping to f,rnd good homes for them. Our annual SANYA fundraising yard sale
will be coming up soon on July 29 throughto the 3lst in Port Burwell this year.
This annual sale we hold, helps pay for some of the costs mentioned above. All
other monies come from donations and of course, myself. It would be greatly
appreciated if we could use the Municipal sign to advertise for this event. I
understand this is subject to Municipal use. Thank you for your time.
Yours truly,
Marion Paterson
40 Shakespeare
Port Burwell, ON
NOJ 1TO
st9-874-473s
Correspondence dated July 4, 2011 from Marion Paterson
(SANYA) regarding "use of Municipal sign".
Page 183 of 297
Page 184 of 297
JÙ
Ministry of Agriculture,
Food and Rural Affairs
4th Floor
1 Stone Road West
Guelph, Ontario NlG 4Y2
Tel: 1-866-306-7827
Fax: 519 826-4336
Ministère de I'Agriculture,
de I'Alimentation et
des Affaires rurales
4" étage
1 Stone Road West
Guelph (Ontario) NlG 4Y2Té1.: 1-866-306-7827
Téléc.: 519 826-4336
Rural Community Development Branch
June 21,2011 Étt
:
Dear Kyle Kruger:
We would like to thank you for your application under lntake One of the Ontario Small
Watenruorks Assistance Program - Phase Three (OSWAP-3).
All applications were reviewed and assessed against a range of factors, including how well
the project aligned with the program's focus of improving conservation and efficiency in
mun¡cipal residential drinking water and wastewater systems. We are pleased to inform
you that the following project has been selected for funding under OSWAP-3:
Project Title Provincial
Contribution
Total Net
Elioible Cost
Villaqe of Richmond Water Svstem Upqrades $ 254540.00 $ 381791.33
The provincial contribution towards this project is subject to a number of terms and
conditions, which will be outlined in a contribution agreement. The contribution
agreement will detail the project elements, schedule, costs and funding parameters.
Before costs can become eligible for reimbursement OMAFRA requires documentation
that satisfies it that ownership of the Richmond Community Water System has been
transferred from Richmond Community Water lnc. to the Municipality of Bayham.
OMAFRA wíll send a subsequent letter when it is satisfied that ownershíp has been
transferred that will allow the municipality to begin incurring costs that qualify for
provincial re-imbursement.
We look forward to working with you on this important project and will be in touch
shortly. Should you have anyquestions, please call us at 1-888-588-4111 or contact us
by e-mail at oswap@ontario.ca.
Sincerely,2%---ú¡no Radocchia
Manager, lnfrastructure Programs Unit
Pick Ontario Freshness
Cueillez la fraîcheur de I'Ontario
-M-
Correspondence dated June 21, 2011 from Ministry of
Agriculture, Food and Rural Affairs regarding "Application under
Page 185 of 297
Page 186 of 297
THE CORPORATION OF THE MT]NICIPALITY OF BAYHÄM
BY-LAW NO. 2011-057
BEING A BY-LAW TO FTJRTHER AMEND BY-LA\il 2011-OO1
A BY.LAW APPOINTING MEMBERS TO
BOARDS AND COMMITTEES OF THF', MT]MCIPALITY
WIIEREAS the Council of the Municþality of Bayham did by By-law 2011-001 appoint persons to
Boards and Committees for the purposes of the Corporation;
\ilIIEREAS the Council of the Corporation of the Municipality of Bayham did by By-law 20ll-012
amend such by-law;
AND WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
further amend such byJaw;
NOW TTIT'REFORE THE COTJNCIL OF TITE CORPORATION OF TIIE MT'NICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT Cheryl Peters be removed as a mernber of the Museums Bayham Boa¡d and the Edison
Museum Building Committee;
2. TIIAT Doug Lester be removed as a mernber of the Harbourfront Committee;
3. TIIAT in all other respects, By-law 2011-001 is hereby confirmed and remains unchanged;
4. AND THAT this by-law shall come into force and take effect upon final passing.
READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED TIIIS 7TH DAY
oF JULY 2011.
MAYOR CLERK
By-Law 2011-057 A By-Law to further amend By-Law 2011-
001 (appointing members to Boards and Committees)
Page 187 of 297
Page 188 of 297
THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LAW NO. 2011-059
BEING A BY.LAW TO ADOPT THE ASSESSMENT ON WIIICH
TAXES SHALL BE LEVIED FOR THE YEAR 2011 AND THE
CURRENT ESTIMATES FOR YEAR 2OII.
WHEREAS Section 290 of the Municþal Act, S.O. 2001, as amended provides that a local municipality
shall in each year prepare and adopt estimates of all sums required during the year for the purposes of the
local municipality, and;
\üIIEREAS by action of the Municþal Property Assessment Corporation, provision was made for the
taking of the assessment of the Municþality, as the assessment on which the rate of taxation for the year
2011 should be levied;
NO\M TIIEREFORE THE COT]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF
BAYIIAM IIEREBY ENACTS AS FOLLOWS:
1. TIIAT the assessment contained in the assessment roll of the Municþality of Bayham as made
pursuant to Province of Onta¡io Regulations, be hereby adopted and confirmed as the assessment on
which the rate of taxation for the year 20ll shall be levied.
2. TIIAT the said assessment roll be hereby adopted and confirmed as the last revised assessment roll
for the said Municipality.
3. TIIAT the current estimates for 2011 appended hereto in Schedule ".{" are hereby
adopted.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED TIIIS 7th DAY
oF JULY 2011.
MAYOR CLERK
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 189 of 297
MUNICIPALITY OF BAYHAM
P.O. BOX T60 9344 PLANK ROAD
STRAFFORDVILIE, ON
Nol 1Y0
MUNICIPALITY OF BAYHAM
BUDGET TOLT
July 7,2OL7
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 190 of 297
Table of Contents
Summary..,...1-3
General Government .............6
Police. ..............9
Straffordville Community Centre ...........24
Vienna Community Centre ...................... 25
Eden Community Centre ........................26
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 191 of 297
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 192 of 297
Summary
2010 Budqet 2011 Budqet
2,861,114 3,029,604
1,321,000 1,321,000
Fire Services
Police Services
Conservation Authority
Building Services
Bylaw Enforcement Services
Roads 425.113
1,228,785
112,949
Summary Page 1
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 193 of 297
Eden Gommunity Centre
Libraries
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 194 of 297
Summary
-2,861,114 -3,029,604
525,458 537,662
74,923 90,423
331,183 332,426
624,953 690,468
37,611 44,347
14,916
41,406
885,586
107,072
71,952
410,278
16,500 20,379
11,275 7,800
Parks & Recreation
Straffordville Community Centre
-35,710
68,307
-10,718
60,788
74,780
3,581
37,147
16,929
Iourism & Marketing 44,106
18,128
Summary Page 3
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 195 of 297
Municioalitv of Bavham
2011
GeneralTaxation
2010 Budqet 2011 Budqet
05.10.4010
Revenues
Residential & Farm 2,839,414 3,007,904
05.10.4020
05.10.4030
Multi-Residential
I
Commercial Unoccupied
05.10.4040 Commercial Occupied
iPlL recoverable & Railway 21700 21700
05.10.4050
05.10.4060
lndustrial Unoccupied I
lndustrial Occupied I
Pipelines
Farmlands
15.10.40s0 Managed Forests
2.861.114 3.029.604
Expenditures
Writeoffs/Tax Sales
Tax Adjustments
15.10.5630 Assessment Charges i
0 ı
GeneralTax
GeneralTax Page 4
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 196 of 297
M un lci oalilv of Bavharr
lnterest on Taxes - Prio¡'
OTHER REVENUES
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 197 of 297
General Governement
l0 10 5110 Statutory Benefits
10 5120 Non-Slatutory Beneflts
10 5140 Payroll Sery¡ce Charge
0 10 5145 Benk
0 l0 5160 lnternet Charges
't010 5'170
10 t0 5180
10'f0 5185
1010 5210
'lo 10 5220
10.10 5240
1 0 t0 5250
Computer Software & Support
lT & GIS personnel
10 t0 5260
'to't0 5270
Advert¡sing 1 ,000
Assoc¡ation & Membersh¡p Fees 2,295
Audit¡ng Fees 8,200
Build¡ng Ma¡ntenence 12,000
10 10 5280
10 1 0 5290
10 l0 5300
'10 10 5305
'10 10 5310
10 t0 5320
Tra¡ning & Education
Conferenæs & Sem¡nars
5,305 4,464
7,745 7,977
Gen Gov Page 6
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 198 of 297
Municioalitv of Bavham
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 199 of 297
Fire
2011
Fire Department
Revenues
104110 Grânts & Subsid¡es
104130 Fees &Seruiæ Charges
1O 4190 Transferfrom Reserye
104180 Donat¡ons
Expendilures
FiE Chief/Emergency Mgmt Oflice
l0 5'100 Sâlâries & Weges
l0 5'f02 FireFightere Remuneratjon
l0 5'103 FireFighters Remuneratjon Speciâlty
l0 5104 FireFighteß Remuneration Au¡liery
l0 5110 Statutory Benefits
20'lO 5120 Non-Statutory Benef¡ts
2010 5365 Telephone- Fire Ch¡ef
20 10 5130 Unifoms
20 10 5320 Postage & Courier
Emergency Planning
20-10 5105 Emergency Plann¡ng - Wages
20 10 5335 Emergency Plann¡ng - Trein¡ng
20 10 5150 EOC Suppl¡es
20 10 5425 Public AwarenessÆdu€t¡on
Fiæ
20 10 5170 OflÎæ Suppl¡es
20 10 51 60 Med¡æl Responsê Suppl¡es
20 10 51ô5 Mun¡cipal WaterConsumpt¡on
20 10 5'175 Equ¡pment Purchase - Operating
20 10 5180 Equipment Purchese - Protective
20 1O 52lO Ut¡lit¡es
20.105240 Advertis¡ng
10 5250 Association & Membersh¡p Fees
'10 5270 Building Meintenenæ
10 5275 Clean¡ng Supplies
'10 5280 Equipment Maintenance
'10 5285 Commun¡ætions Eq Maintenanæ
'10 5290 Grounds Ma¡ntenanæ
'10 5295 Veh¡cle Meintenanæ
10 5300 lnsuranæ
10 5310 Legal
10 5325 Health & Salely
'10 5330 Traìn¡ng & Eduætion
10 5340 Conferenæs & Seminars
105350 Travel
10 5360 Telephone- Stat¡ons
'10 5370 Sundry
10 5420 Fire Prevention Expense
10 5427 Ch¡ldren's Salety Dây
10 5430 9'l'l Dispatching
10 5440 911 Other
10 5450 Automatic A¡d
l0 5460 F¡re Pro SoÍtwâre
2010 Budget 20ll Budget
2,500 500
1,000
2,500 1,500
65,266
85,896
11,834
10,871
618
1,000
1,200
8,663
2,000
I,000
I,500
1,000
1,000
10,000
10,000
18,566
500
725
4,500
500
3,000
5,000
3,000
5,835
21,250
1,000
22,249
2,500
3,863
3,090
2,318
17,240
4,000
2,700
67,224
81,273
5,760
4,500
13,085
10,695
1,200
500
1,200
8,923
500
1,030
1,500
1,000
10,000
10,000
14,466
500
600
2,000
250
2,500
3,000
3,000
I 1,000
21,038
1,000
250
22,O32
2,500
1,500
1,800
0
0
'17,600
4,000
5,000
1.500
Page IFire
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 200 of 297
Municioalitv of Bavham
2011
Police Services
2010 Budqet 2011 Budqet
20.20.4't10
Revenues
Policing grants 17,596 17,596
20.20.4120
20.20.4130
POA
Lease
30,000 30,000
20.20.4190 From Reserves 50,000
97,596
50,000
97,596
Expenditures
20.20.5210
20.20.5270
Utilities
Building Maintenance
3,183 1 ,500500 500
20.20.5290 Grounds Maintenance
20.20.5300 lnsurance
250
170
250
169
20.20.5360
20.20.5400
Telephone
Reserve Policing credit
600 0
20.20.5450
20.20.5460
Service Contract
Police Services Board
714,846
3,000
782,645
3.000
722,549 788,064
Police
Police Page 9
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 201 of 297
Municioalltv of Bavham
Gonsenration Authoritv
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 202 of 297
Building
Municipatity of Bayham
201'l
Buildinq Services
2011
10.10.4110
20.40.4130
20.40.4140
20.40.4't50
Revenues
Grants & Subsidies
Building Permits
Septic System Permits
60,000
7,000
64,688
5,650
300Sundry Revenues 300
67.300 70,638
20.40.5100
Expenditures
Salaries & Wages 63,470 60,346
20.40.5110
20.40.5120
Statutory Benefits
Non-Statutory Benefits
6,789 6,492
9,258 8,253
20.40.5170
20.40.5175
20.40 5220
20.40.5240
20.40.5510
20.40.5250
Supplies
Enforcement Costs
950 300
0
Subscriptions and Publications
Advertising
250
200
150
200
Administrative Overhead
Association & Membership Fees
Vehicle Maintenance
lnsurance
2,600
645
2,600
767
0.5300
0.5310
1,027
915
1,500
906
1,000
1,000
1,000
0
540
Legal Fees 2,500
2,500
20.40.5340 Conferences & Seminars
Travel
2,500
90040 5350
5360 Telephone
Contrect Services
540
.5450
.5370 Sundry 1.541 500
96,585 554
Building Page 11
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 203 of 297
MuniciDalitv of Bavham
2011
Bylaw Enforcement
2010 Budqet 2011 BudEet
20.50 41 r0
?evenues
3rants & Subs¡diôs
20.æ.4120
20.50.4130
)og Tag Sales
\dministrat¡on fees
24000
loo
2400(
1o(
20.50.4160
20.50.4150
:ines/Court Awards
ìecove¡ãble Cosls
200
3.000
zot
1 oo(
27.600 25.30(
I Exænditures
¡0.50 5100
¿0.50.51 10
ialaries & Wages
itatutory Benef¡ts
29,011 29,882
3.086 3,17S
¿0.50 5120
t0.50 5150
{on-Statutory Benefits
lealth I Safetv Suppl¡es
4 208
Ioa
4 334
200
10.50 5170
t0.50.5175
lOffiæ SupplieJ
Enforæmênt Cosls
155
3 0oo
15t
2 00(
¡0 50.5240
¡0.50,5250
\dvertising
\ssociation & Membership Fees
530
53ol
50(
(
'9 ry92e5
t0 50 5300
Yehicle Mâintenâncê
lnsurancâ
1,500
915
50(
90t
20 50 5310
2010.5320
Legâl Fees
Postaoe Courier
I 000 I 00(
30(
Training & Educ€tion
Conferenæs & Seminars
1,500 I,00(í.500 (
20 50 5350 IJi!91
Sundry
150 5(
20 50 5370
20.50 5450
20.50 5470
Service Contract
Dog Tags - Liænsing Agent
15,50C 1C,þUU
¿o.50.5475 )og Tags - Supplies 1.030 20(
70 821 66,70€
Bylaw
i
Bylaw Page 12
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 204 of 297
2011
Roads Department
Revenues
f0 41 10 Grants & Subsid¡es
f04120 Sundry
l0 4'130 Service Charges
l0 4190 Transferfrom County Reserue
Expenditurcs
10.5100 Salaries & Wâges
10.5'l'10 Statutory Benefits
10 5120 Non-Stâtutory Benef¡ts
25'10.5130 Clothing Allowance
25.10 5170 Materials
25.10 5175 Tools
25.10 5180 Fuel Clearing
25.105185 Clearing-Other
25.10 6100 Vehicle Repairs - Licenses
Vehicle Repairs - wages
Veh¡cle Repairs - materials
25.10.5210 Utilities
10 5240 Advertising
l0 5250 Assoc¡ation fees
l0 5270 Bu¡lding Ma¡ntenance
'10 5275 Equipment Ma¡nlenanæ
10 5290 Drainage & Assessments
10 5300 lnsurence
15.10.5310 Legal Fees. Engineer
10.5330 Training & Education
10.5340 Conferences & Sem¡nars
10 5350 Travel
10 5360 ïelephone
10 5370 Sundry
10 il00 Transfer lo Reserue
10.7620 Loose Top Mâinl.enance - Wages
'10.7630 Loose Top Mâintenance - Materials
10.7400 Bridge Maintenance - Wages
1.7410 Bridge Mâintenance - Materials
10.7450 Culvert Mâintenance - Wages
10.7460 Culvert Maintenance - Maintenance
l0 7500 Weed/Brush/Ditch - Wages
l0 7510 Weed/Brush/Ditch - Maintenanæ
'10 7520 Catch Basins - Wages
10.7530 Catch Basins - Mainlenanæ
10.7600 Hardtop Maintenance - Wages
10.7610 Hardtop Maintenance - Maintenanq
10.7650 Grading - Wages
107700 Dust Control-Wages
'107710 DustControl- Ma¡ntenanæ
10 7800 Safety Dev¡ces - Wages
25,'lO7810 Safety Devices - Maintenance
25 10.7850 Sidewalk Maintenanæ - Wages
25 'lO 7860 Sidewalk Maintenance - Maintenan(
10 7900 CN Crossing Safety Devices
10 7950 Road Names
108000 CountyRoads-Wages
'10 8010 County Roads - Maintenance
401
150,601
49,1 08
65,451
3,000
9,500
3,000
105,575
5,000
38,62r
17,000
64,379
21,218
250
250
12,000
4,000
2,000
45,075
500
9,000
I,500
500
2,500
1,000
5,000
36,000
1,000
5,000
10,000
11,000
19,500
18,500
10,000
2,000
9,500
20,500
18,000
8,000
4,000
9,000
14,000
2,000
6,000
4,500
4,500
82,400
317
2011 Budget
385,1 1 3
113
164,863
46,
84
34,621
17
64
18,11
1
1
12
1
44,624
1
1
1
500
6,000
1't,000
17
1
2
20,500
1
6,000
1,000
16,000
5,000
2,500
5,000
4,500
145,000
782
785 1 ,310
Roads
Roads Page 13
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 205 of 297
Municipalitv of Bavham
2011
Winter Gontrol
2010 Budqet 20ll Budqet
25.20.4,110
Revenues
Granls & Subsidies 9,900 9,900
25.20.5100
Expenditures
Salaries & Wages 27.352 28,172
Materials
Equipment Maintenance
38,797
15,500
Sundry
Service Conlract - Pt Buruel
300
9,000
Service Contract - Vienna
Service Contract - Straff
5,000
4,500
6,500
4,500
Service Contract - Eden
Service Contract - Richmonc
3,000
2,500
3,500
5,000
25.20.5560 Service Contract - Sidewalks 7,000 4,000
112,949 116,972
Winter
Winter Page 14
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 206 of 297
MunicipaliW of Bavham
2011
Street Liqhts
2010 Budqet 20ll Budoet
Revenues
Expenditures
25.40.5520
25.40.5530
Sl-A Port Burwell
SI.A Vienna
25,13C
9.886
SLA Straffordville
Sl-A Eden
14,281
6,121
16,855
12,482
25.40.5560
25.40.5570
Sl-A Corinth
Sl-A Richmond
3,060; 4,675
3,060 2,924
48,965 71,952
Street Lights
Street Lights Page 15
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 207 of 297
30.10.4010
30 10.4110
30.10.4 t20
30.10.4 t40
l0 5110 Statutory Benefits
10.5120 Non Statutory Benef¡ts
10 5170 Supplies
10.5175 Tools and Equipment
1 0.51 80
,
Lab Fees
'10 5210 Ut¡lities
10 5240 Advertising
10.5250 Association Fees
30.10.5260 Auditing Fees
30.10.5280 System Maintenance
30.1 0.5295 Vehicle maintenance
30.10.5300 lnsurance
30.10.5330 Train¡ng & Education
30.10.5335 Licences
30.10.5340 Conferences & Seminars
30.10.5360 Telephone & lnternet
30.10.5370 Sundry
30.10 5400 Transfers to Reserves
50.20.527 5 Water Quality Management
.1 0.5450 Service Contract Secondary :
1 0.551 0 Administrative Overhead
10 5520 Water Supply
30 10 5620 Util¡ty Adjustments
74,962,00
8,243
11,246
3,000
1,250
7,500
1,997
204
510
1,734
5,800
400
696
2,500
300
1,550
900
102
78,800
2,500
233,940
4,896
95,760
73,700
Water
Water Page '16
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 208 of 297
L
Mun¡c¡pal¡ty 01 Eaynam
2o1o
lnicnmonO Water System
I 20ll Budget2010 Budget
Revenues
301 5.4160 Water Billings
lsunory
88,444 46,512
]Water Meters
lWater Connect Chgs
Penalt¡es & lnterest
88,444 46,512
301 5-51 00
Expenditures
jSalaries & Wages
]st"tutory Benefits
lNon Statutory Benef¡ts
lSuppl¡es
]Tools ancl Equipment
Lab Fees
iutitities
Advertising
lAssociation Fees
Auditing Fees
iSystem Maintenance
Vehicle maintenance
I tnrrrrn."
I Legal Fees
lrraining & Education
Itravet
Conferences & Seminars
]Telephone & lnternet
1Sundry
Transfers to Richmond Reserves
,Water Quality Management
46,260
s,089
6,939
6oo
3,840
3,456
1 I,
1,
2,
4,
5,
3,
I 5-51 70
5-51 80
15-5210
5-5280
5-5320
3,600
3,960
2
2,04
14,700
100
460
5,032
Service Contract Secondary System
Administrative Overhead
.Water Supply
iUtility Adjustments
88.444 46,512
Richmond Water
Richmond Water Page 17
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 209 of 297
10
20.4't25
30.20.4120
30.20.4130
30.20.4150
Municipality of Bayham
2011
Waste Water
iR"n"n,r""
Sewer Billings
lnvestment lncome
Sewer Sundry Charges
Septage Receiving Charges
Penalties & lnterest
9,600
4,889
576,525
2011 Budget
61 I,
1
9,700
036
645,742
145,488
15,779
21,516
850
200
140
1,854
5,776
2,350
100
2,550
170
3,175
112
205,000
8,282
413.341
30.20.5100
30.20.51 10
30.20.5120
30 20 5130
20.5240
.5250
5260
20.5305
30.20.5330
30.20.5335
30.20.5340
30.20.5350
30.20.5360
30.20.5370
30.20.5400
30.20.5510
30.20.5620
30.20 5r 80
20 51 90
20.5210
5170
.20.5215
20.5270
3020-5320
30.20.5175
30.20.5211
30.20.5275
30.20.5280
30.20.5295
141,250
15,319
20,889
750
200
140
1,800
5,834
2,300
225
2,500
170
3,300
110
181 ,907
8,200'
384,894
8,200
6,500
60,577
2,300
4,631
9,500
12,000
2,400
17,500
123,608
900
26,523
25,000
15,000
600
8,282
6,565
91,782
1,500
4,863
7,500
Expend¡tures
l
Administrative
,Salaries & Wages
Statutory Benefits
Non Statutory Benefits
Clothing Allowance
Advertising
Association & Mem Fees
]nuditing rees
lnsurance
ïraining & Education
Licences
Conferences & Seminars
lTravel
l
Telephone & lnternet
Sundry
Transfers to Reserves
Administrative Overhead
Adjustments
Treatment Plant
Lab Fees
Chemicals
Util¡ties Plant
Supplies - Plant
Property taxes
Building/Plant Maintenance
Equipment Mtce - Plant
Grounds Maintenance
Sludge Haulage/Disposal
Odour Control (septage)
Collect¡on System
Trucks
Supplies - Collect¡on
Utilities-Collection System
Odour Control
System Ma¡ntenance
Veh¡cle Ma¡ntenence
12,1
I,
17,67
7,
91
27,31
25,2
18
6'1
576 645
Waste Water
WasteWater Page 18
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 210 of 297
Waste
Waste Page 19
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 211 of 297
Municipality of Bayham
2011
Health Services
2010 Budqet 20ll Budget
Revenues
Grants & Subsidies 5,000
Expenditurcs
35.10.5100
35.10.51 1 0
Salaries & Wages
Statutory Benefits
35.10.5120
35.10.5170
Non Statutory Benefits
Suoolies
35.10.5210
35.10.5270
Utilities
Building Maintenance
4,244 3,894
2,000 2,000
35.10.5290
35.10.5300
Grounds Maintenance
lnsurance
1 ,000, 1 ,500I,850 1,832
Travel
Sundry 600 600
35.10.5450 Health - Doctor funding
9,694 9,826
Health
Health Page 20
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 212 of 297
Municipality of Bayham
2011
Gemeteries
I
2010 Budset 20ll Budset
35.20.4120
Revenues
Sundry Revenue
35.20.5290
Expenditures
Grounds Maintenance 14.500 15,879
35.20.5370 Sundry/lnterest
I nactive Cemetary lmprovement
2,000 2,0q0
2,500
16,500 20,379
Notes
cemeter¡es
Cemeteries Page21
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 213 of 297
Municioalitv of Bavham
2011
General Assistance
2010 Budqet 2011 Budqet
t0.10.4190
Revenues
Grants and Donations
40.10.5590
Expenditures
General Assistance Grants 11,275 7,800
11,275 7,800
General Assistance
Gen Assistance Page22
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 214 of 297
Municioalitv of Bavham
2011
Parks & Recreation
2010 Budqet 20ll Budqet
45.10.4110 2.600 2,60C
45.10.4124 Sundry
2,600 2,60C
Building Maintenance
Equipment Maintenance
50c
50c
c
c
1,100 1,404
62.147
Parks
Parks
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 215 of 297
Straffordville Comu n ity Center
Revenues
1 1O Grants & Subsidies
120 Sundry Revenue
130 Rentals
204180 Donations
45 20.5110 Statutory Benefits
45.20.5170
45.20.5210
67,518
Straff CC Page24
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 216 of 297
Municioalitv of Bavham2011
I
Vienna Communitv Centre
2010 Budqet 2011 Budqet
t5.30.4',120
Revenues
Sundry Revenue
15.30.4130
15.30.4180
Rentals
Donations
10,500 10,500
I
10.500 10.500
Expenditures
Mgmt Contract
Supplies
10,265
1.000
9,500
1,500
45.30.5210
4534.5270
Utilities
Building Maintenance
13,390
4.600
8,079
4,600
45.30.5280
45.30.5290
Equipment Maintenance
Grounds Maintenance
3,000
3,500
3,000
4,300
lnsurance
Telephone
4 485
960
4,441
500
Sundry 500
Service Contract 9,888
500
e.8.8
51,588 46,308
Vienna Gomunity Genter
Vienna CC Page25
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 217 of 297
Municipality of Bayham
2011
Eden Gommunitv Centre
2010 Budoet 20ll Budqet
45.35.4124
Revenues
Sundry Revenue
Rentals
Donations
7,896 3,542
7.896 3,542
Expenditures
45.35.5170 lSupplies
ts.gs.szl o I utilit¡".6,896 2,542
15.35.5270
t5.35.5280
Building Maintenance
Equipment Maintenance
1,000
2,000
1,000
2,000
45.35.5290
45.35.5300
Grounds Maintenance
lnsurance
2,000' 2,000
2.055 2.035
Telephone
Sundry I
45.35.5450 Service Contract
13,951 9,577
Eden Gomunity Genter
Eden CC Page 26
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 218 of 297
Municipalitv of Bavham
2011
Libraries
2010 Budset 2011 Budqet
45.40.4130
Revenues
Lease Revenues 59,807 60.405
45.40.5210
Expenditures
Utilities 11.670 10,432
45 40 5270
45 40 5290
Building Maintenance
]Grounds Maintenance
7,750
2,500
7,750
3.906
45.40.5400
lnsurance
Library Reserve
2,177 2,599
25,000
24.097 49,687
Libraries
Libraries Page27
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 219 of 297
Mu
2011
Museums
Revenues
Grants & Subsidies
Admissions
Children's Programs
Transfer from Reserve/prior year
Sundry
2010 Budget
9,000
8,000
500
4,000
400
2011 Budget
50.41 '10 11,
I,130
45.50.4170
50.4190
50.4',120 400
21 20
50 5100
Expenditures
Salaries & Wages
Statutory Benefits
Office Supplies
Children's Programs
Utilities
Advertising
Marketing
Memberships
Building Maintenance
Equipment Maintenance
Grounds Maintenance
lnsurance
Telephone
Conferences & Seminars
Travel
Sundry
Contracted Services
Special Project
Special Events
39,222
4,010
2,000
500
11,500
3,000
3,000
550
7,500
2,000
4,000
2,625
1,500
400
400
2,000
5,000
0
31,399
3,040
2,000
500
11,500
3,000
3,500
550
10,800
2,000
4,000
2,599
1,500
400
400
2,000
1,000
1,000
81 ,1 88
5.50.51 10
50.5170
50.5190
5 50.5210
5.50 5240
.50.5245
50.5250
5.50.5270
50.5290
5300
45.50.5360
45.50.5340
50.5350
45.50.5370
45.50 5450
50 5600
50.5610 1,000
90,207
-68,307 -60,788
FUND RAISING
Revenue:
.so.41Bo Fundraising
.so.41Bs Donations
Expenditures:
7,500 7,500
1,0001,000
8,500
4,000
4,500
8,500
I,
4s.so.s'180 Fundraising expense
45.50.5400 Transfer to Reserves
4,000
4,500
500
0
Notes:
0
Museums
Museums Page28
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 220 of 297
Planning
201',1
Plan
Revenues
Sundry
50.10.4120 Sundry Revenue
50.10.4130 Zoning Certificates
10.4140 Zoning Charges
50.10.4150 oPA
50 10.4160 Minor Variance Charges
10.4170 Site Plan Charges
New Application consent
10.4180 Plan of Subdivision fees
10.4190 Development Agreement fees
50.10.5100
50.10.s110
50 10 5120
50.10.5170
50.10 5240
50.10.5250
50.10.5310
Advertising
Association & Membership Fees
50.1 0.5320
50.10.5340
50.10.5350 Travel
Planning Page29
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 221 of 297
Municipalitv of Bavham
2011
Business and Commerce
2010 Budqet 20ll Budqet
Lease Revenues 600 618
618
551
Conferences & Seminars
Sundry
3,300
Business Gommerce
Bus&Comm
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 222 of 297
I Munlcloalitv of Bavham
2011
Tourism & MarketinE
2010 Budqet 2011 Budget
50.1 5 41 10
?evenues
Srants & Subsidies 6,500 4,60C
t0.15.4120
trf from lrail Reserue
Sundry
ö,UUt
t0'15.4170 Lease Rovenugs 3,000 2,49L
9,500 12,00c
i0 15 5100
Exot-nd¡tures
Salar¡es & Weges 9.018 12,74
t0.15 5'f 10
lnter Cenlre stâffing
Statutory benefits
3,500 3 50C
75C
t0.15_5210 Util¡t¡es
lnterDrstive Centre ODerâtions
7.1t9,
?20î
3,25J
2 2î(t0 15 5215
t0.15.5230
io.15 5240
Brochures
Advertis¡ng
4,200 3,30C8,400 6,90!
'rO.15 5245
t0 15 5250
Promotional items
Membeßhips
500
473
50c
992
t0.15.5260 :est¡vals
lêâul¡fiÉtion
6L009
ô50
4 00c
70ct0.15.5270
t0. t5.5290
t0.15 5340
leach Maintenance
lonferenæs & Sem¡nârs
8,400
250
5 000
o
t0.15 5370
i0 1 5 5600
lundry
Spec¡al Poècts
250
1 625
25C
5 ooc
c.t.ttuo ¡+v.1,
Tourlsm Marketlng
Tour&Mark Page 3 l
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 223 of 297
Municipalitv of Bavham
2011
Environmental Services
2010 Budget 20ll Budget
50.20.4110
Revenues
Grants & Subsidies 5000 5000
50.20.4140 Tile Drain Chafges 5,604 5.604
10,604 10,604
50.20.5100
Expenditurcs
Salaries & Wages 14,586 15.024
50.20.5102
50.20.51r0
Richmond Water wages
Statutory Benefits
I1.604 1.652
54.20.5120
50.20.5170
Non-Statutory Benefits
Supplies/Stock
2,188 2,254
750 0
Professional Services
Water Sampling & Testing
1,000
3,000
0
3,000
Drain Maintenance
Sundry
50.20.5380 Tile Drain Debt Charges 5,604 5,604
28.732 27.533
Environmental
Environ Page 32
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 224 of 297
Munieipalitv of Bavham
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 225 of 297
Reserves
Preliminary 2010 Proposed 20ll Proposed 2_0!2 Proposed20l3 Proposed 2014
BAYHAM BAYHAM BAYHAM BAYHAM
405.403 415,403 425¡03 435,403
10,000 10,000 10,000 1oJ!q
for Computer Equi
27,961 22,811 27,811 16,811 21,811 26,811Begiming Balmce
Increase in the 5,000 5,000 5,000 5,000 5,000 5,000
Decrease in the year 1 0,1 50
Balmce 22.811
for Road Dqui
219,498 251,1s7 304j97 79j97 (25,803) (130,80:Begiming Balmce
Increase in the year 161,452 140,000 145,000 145,000 145,000 145
Decrease in the yer
Ending Balmce
125.753 87
251.197 304j97
for Countv Roads
Begiming Balmce 107,000 1O7,OOO 87,000 47 ,000 47 ,OO0 47 '000
Increase in the year
Decrease in the yea
Ending Balance 87 47 4
for Road Constructiotr
Begìming Balance 117,321 149,254 121,934 160,959 511,056 861,153
lncrease in the 352,296 339,000 245,000 350,097 350,097 _350
Decrease in the yer
Balarce 1
&
Beginning Balance 250/40 250,740 217 140 217 ,740 217,740 217 ,740
lncrease in the
Decrease in the year
ing Balmce
Reserue for Infrastructure
Beginning Balance 420,870 374,870 312,870 267,870 267,870 267,870
Increase in lhe
Decrease in the yeu
Ending Balmce
000
Reserye for Gas Tax Projects
Begiming Batmce 82,540 189,996 225j40 175,9% 363J38 550282
Increase in rhe year 127,456 207 ,144 207 ,144 207 ,144 207 ,144 207 ,144
Decrease in the yeil 20,000 172,000 256,290 20,000 20,000 20'000
Ending Balmce 189 140
i.eserue for Fire Depart Apparatus
Begiming Balance 199,465 32,465 117,465 152,465 232,465 312,465
Increaseintheyear 8O,OOO 85,000 85,000 -8!,0S0 80,000. 80,q0!
Decrease in the yer 247
lesene for Fire Depart Mâjor Equip
Begiming Balmce 5,991 15,042 23,042 15,042 33,042 51,042
lnc¡ease in the 18,575 18,000 12,000 18,000 18,000 1
Decrease in the year
Ending Balmce
000
Resene for Fire Depart Building
Beginning Balance 35,000 35,000 100,000
Increase in the 65.000 65,000
Decrease in the year
Balmce
Resene for Fire
217.740
Reserves Page 34
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 226 of 297
Reserves
12,328 12,328 12,328 12,328 1
3,000 6,000 9,000 12,000 15,000 18,000
3,000 3,000 3,000 3,000 3,000 3,000
3,000 6,000 9,000 12,000 1 5,000 1
Increase in the yer 3,000 3,000 3,000 3,000 3,000 3,000
6,000 9,000 8,000 11,0!0 14,000 17.p903,000 3,000 3,000 3,000 3,000 3,000
Ending Balance
Resene for Wateroorks
BeginningBalance 16,693 207,851 446,958 717,258 987,558 1,257,858
Increase in the yeu 212,313 260,707 291,900 291,900 291,900 291,900
D"c*urq! t!9 r9* 21,155 21 ,600 21.600 21 ,600 21 ,60021 600 21
Endìng Balmce
repârr
Balmce 51,000 71,000 86,000 86,000 86,000
20,000 15,000lncreæe in the yeu
Decrease in the year
Ending Balmce 71
Harbour
Balance
Increase in the yeæ
Decrease in the
Ending Balance
Transfer Station
Balmce 35,000 35,000 35,000 35,000
Increase in the yeæ
Decrease in the
Ending Balance
iminq Balmce 50,000 64,650 89,650 74,650 99,650 124
Increase in the year 25,000 25,000 25,000 25,000 25,000 25,000
Decrease in the 350
Ending Balmce
Recreation
Beginning Balmce 2,000 2,000 2,000 2,000 2,000 2,000
hcrease in the yer
Decrease in the year
Endìng Balmce
rail Resene
Begiming Balæce
hcrease in the yeu
Decrease in the yea
Ending Balmce
53.721 64.214 73,598 77,982 87,36673,598 77,982 87,366 96,750
9,384 9,384 9,384 9,38410,493 9,384 9,384
47
000
Reserves Page 35
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 227 of 297
Reserves
1 .732 1 .732 1 .732 1,732 1,732 1,732
28,500 28,500 48,500 48,500 48,500 48,500
24,OO0 24,OOO 24,000 24,000 24,000 24,000
Reserue
Begirming Balæce 247,197,087 181,087 181,087 181,087
Inc¡ease in the 34,000
Decrease in the yer
Balmce 247 .087 197 .087 181 ,087 181
Health
Begiming Balance 3,000 3,000 3,000 3,000 3,000 3,000
Inc¡ease in the
Decrease in the year
Ending Balance
Land Acquisifion
Begiming Balance 6,000 6,000 6,000 6,000 6,000
Increase in the
Decrease in the year
Electioo
Beginning Balance 7,000 7,000 - 3,500 7,000 10,500
Increase in the year
Decrease in the year
3,500 3,500 3,500 3,500 3,500
Ending Balmce
Begiming Balance 28,000 28,000 28,000 28,000 28,000 28,000
lncrease in the
Decrease in the yer
28.000 28,000 28,0Balæce
Stabilization
Begiming Balance 549,630 503,630 503,630 604,452 604,452 604,452
Increase in the 100,822
Decrease in the year
Ending Balmce 604.452
PF
Begiming Balance 407 ,157 407 ,157 261,157 171,557 102,557 53,557
Trmsfe¡ In
Increase in the yer
Decrease in the yeæ
Ending Balmce
146 000
1.157 171.557 102.557
Stabiliation
iming Balmce 195,513 195,513 '195,513 187,513 187,513 187,513
lncrease ín the year
Decrease in the yer 8,000
Ending Balmce 1
TOTALS 3,7Ê1,763.72 3,983,578.72 3
187.513
Reserves Page 36
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 228 of 297
Reserve Funds
Reserve Funds
RESERVE FUNDS
Park Reserve Fund
Beginning Balance
Increase in the year
Decrease in the year
Ending Balance
Eden Improvement Reserve Fund
Beginning Balance
Increase in the year
Decrease in the year
Ending Balance
Sewage Reserve Fund
Beginning Balance
Increase in the year
Decrease in the year
Ending Balance
Environmental Reserve Fund
Beginning Balance
Increase in the year
Decrease in the year
Ending Balance
Fire Depart Capital Equipment
Beginning Balance
Increase in the year
Decrease in the year
Ending Balance
Development Purposes
Beginning Balance
Increase in the year
Decrease in the year
Ending Balance
Museum
Beginning Balance
Increase in the year
Decrease in the year
Ending Balance
Seawall repair
Beginning Balance
Increase in the year
Decrease in the year
Ending Balance
Straffordville Comm unity Centre
Beginning Balance
Increase in the year
Decrease in the year
Ending Balance
2008
BAYHAM
50,039
9,759
36,723
627
627
518,647
216,723
1
719,130
11,039
475
11,514
2,885
124
3
11,228
22,553
7.750
26,031
49,942
6,741
'15,583
41,100
3,805
164
3,969
16j62
25,695
10
31
2009
BAYHAM
23,075
7,000
2,977
27
71 9,1 30
52.881
666
11,514
11,514
3,009
009
26,031
26,031
41 ,1 00
4,300
4r4OO
3,969
31,332
7,500
2010
BAYHAM
27,098
27,098
666,249
181 ,907
10
11,514
11,514
3,009
3pog
26,O31
45,400
45
3,969
38,832
15,000
772,310
205,000
75,846
11,514
3,009
26,031
1
45,400
2,000
3,969
3
53,832
15,000
901,464
229,600
54n
11,514
3,009
3
26,031
47,400
2,000
3,969
3
68,832
15,000
20tl 2012
BAYHAM BAYHAM
27,098 27,O98
27
26
ResFunds Page 37
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 229 of 297
TOTAL RESÉRVE FUI{DS
By-Law 2011-059 A By-Law to adopt the 2011 assessment
on which taxes shall be levied and the current estimates for 2011
Page 230 of 297
TIIE CORPORATION OF' TITE
MTJNICIPALITY OF BAYHAM
BY-LA\il NO.2011-060
BEING A BY.LA\il TO ADOPT THE CAPITAL ESTIMATES
FOR TIIE YEAR 2011
WHEREAS Section 290 of the Municipal Act, S.O. 2007, as amended provides that a local municipality
shall in each year prep¿ìre and adopt estimates of all sums required during the year for the purposes of the
local municipality, and;
WHEREAS it is necessary and expedient to levy on the whole rateable property according to the last
revised assessment roll of the Municipallty the sum of $755,125 for the capital program of the lower-tier
municipality for the current year,
NO\il THEREFORE THE COT]NCIL OF THE CORPORATION OF'THE MT]NICIPALITY OF
BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT the capital program, capital cash requirements for long term debt repayment and
reserve and reserve fund allocations, in the amount of $4,350,228 be approved.
2. THAT the capital program and the cash requirements be funded in total as follows:
a) Tax levy - $755,125
b) 2010 unexpended capital financing - $171,020
c) V/ithdrawals from reserves and reserve funds - 51,074,82I
d) Long Term Debt and Other Revenues - $1,933,987
3. THAT the tax levy requirement of $755,125 be incorporated into the 2011 cunent
estimates for the purposes of determining the tax rates for 2011.
4. THAT the capital estimates appended hereto as Schedule,"A" are hereby adopted.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7M DAY
oF JULY,2011.
MAYOR CLERK
By-Law 2011-060 A By-Law to adopt the 2011 Capital
Estimates for 2011
Page 231 of 297
Schedule "Arr to Bylaw 2011-060
Capital Budget
20lt
B
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-
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-
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6
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A
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Schedule r?Arr to Bylaw 20f f-060
Capital Budget
20tt
Proiect
Roads
Equipment Purchase
-Trf to Equipment Reserve
- Bacltroe # l0
-.
- Dump tuck #3
- GPS for Vehicles
12s,000
245,000
49,000
Unexoend.'10 Reserves Other Notes
145-000 MachineìJsage_(CqLRS+ )
road eouioment reserve125.000
245,000 road eouioment resen¡e
49.000 Gas Tax Reserve
Cash requirements itern63,275 63,350 Gas Tax Reserve./ Roads Reserve and,20l2
20,000 road constnrction reserve
40,000 Gas Tax Reserve
30-000 road constn¡ction reserve
30,000 |
4t,s63l
30.000 road constuction reserve
41,563 road construction reserve
Tar & Chip Resurface
I
New Tar & Chip Surface
SlurrySeal I _ _
-Bavham./NorfolklPlank-Goshèn) - -_---fSOOOT
l5-000
B
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-
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2
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1
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-
0
6
0
A
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Schedule rrAil to ByJaw 2011-0ó0
Capital Budget
20ll
Notes
Tax Reserye
constuction reserve
Infrastruchre Reserve
Infrastucture Reserve
Infrastructure Reserve
Sewer reserve fimd
:wer ¡eserve fi¡nd
reserve firnd
ewer reserve fimd
Sewer reserve fund
Sewer reserve fund
20rl
B
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-
L
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1
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6
0
A
B
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-
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Schedule rrArr to ByJaw 2011-060
Capital Budget
20tt
Proiest __ _þ¡!g!-_
_Parks & Rec.
Trfto Parks Reserve - Park Improve. 10,000
Trfto Parks Reserve - Piaygound Eq.
- Play ground equipment
- Fabco property 42,125
Tax Levy Unexoend.'10 Reser-ves Ofher Nnfec
10,000 Cash reouiremertc ifm
10,000 Cash requirements item
oark reVfund and fuh¡re vears
42,125 Clean
lViennaPlaygroundEq 40?g0O
- Corinth Pavillon 2 000
40.000 Parks
Prks reserve fimd
20r1
B
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-
L
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2
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7
Schedule rrA'r to Bylaw 20f 1-060
Capital Budget
20lt
20tt
B
y
-
L
a
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2
0
1
1
-
0
6
0
A
B
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-
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7
Schedule rrAÍ to By-law 2011-060
Capital Budget
2011
l4jest Pg,¿eç,t
- Intaneible Caoital
- asbestos review (7 buildings) - 2l¡0ı
_ - Officjal Plan review _5,00-0
- Zoningre.view _ 1q.q0q
. - Glen Erie (markers) esterrville 3,000
- Picnic tables ( 15) beach equipment --2,600
- dredging
Tax Levy Unexpend.'10 Reserves Other Notes
10,000 11,000
s,000
10,000
3,000
2,600
20.000
_ _ .- Bgach projects-ie path
- Picnic Tables /Vienna
- IWMP
Otter Creek Improvernent
0
1,200
s,000
300
Beach Concession Electricity upgrade 2,500 2.500
755.125 t7t,o20 1,074,821 1933,9E7
Capital Lew Goal 755-000
2011
B
y
-
L
a
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2
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-
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Page 238 of 297
THE CORPORATION OF THE
MUMCIPALITY OF BAYHAM
BY-LAW NO. 2011-061
BEING A BY.LAW TO ESTABLISH A LEVY FOR THE YEAR 2011
TO ADOPT TAX RATES, PROVIDE FOR PENALTY AND
INTEREST IN DEFAT]LT OF PAYMENT AND THE COLLECTION
THEREOF
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that the Council of a local
municþality pass a by-law to levy a sçarate tax rate on the assessment in each propefy class, and;
\ilIIEREAS the Municipal Act, 2001, S.O. 2001, c.25 require tax rates to be established in the same
proportion to tax ratios, and;
WIIEREAS certain regulations require reductions in certain tax rates for certain classes or subclasses of
property, and;
WHEREAS it is necessary and expedient to levy on the whole rateable property according to the last
revised assessment roll of the Municipalþ the sum of $3,029,604 for the puq)oses of the lower-tier
municipality for the current year,
NOW TIIEREFORE THE COI]NCIL OF THE CORPORATION OF THE MTJMCIPALITY OF
BAYIIAM HEREBY ENACTS AS FOLLO\ilS:
1. THAT for the purpose of providing for the Corporation's general pu{poses, the tax rates set out in
Schedule "Á." be hereby adopted and levied for the year 2011 upon the whole of the said
assessment of the Municipality according to the last revised assessment roll.
2. TIIAT for the purpose of providing for the County of Elgin general levy, the tax rates set out in
County of Elgin By-Law 11-09 be hereby levied for the year 20ll upon the whole of the said
assessment of the Municþality according to the last revised assessment roll.
3. THAT in addition, for the puq)oses of providing for the public and separate school education
pu4)oses, the tax rates set out by the Minister of Finance under Regulation 98/06,as revised, of the
Education Act be hereby levied for the year 20ll upon the respective portions of the said
assessment of the School supporters of the said Municþality according to the last revised
assessment roll.
4. THAT all taxes and other special rates shall be paid in the office of the Tax Collector or Treasurer
of the Municipality of Baytam.
5. THAT taxes for all properties shall become due and payable one-half on or before August 26,2011
and one-half on or before November 18, 2011, and non-payment of the amount, as noted, on the
dates stated in accordance with this section shall constitute default.
By-law 2011-061 A By-Law to establish a levy for the year
2011
Page 239 of 297
By-law 2010-066
6. THAT on all taxes, which are in default on the lst day following the above noted due dates, a
penaþ of l.25Yo shall be added and thereafter a penalty of 1.25% per month will be added on the
l't day of each and everymonth the default continues, until December 311 2011.
7. TIIAT on all taxes in default on January 1f', 2012, interest shall be added at the rate of
1.25% per month for each month or fraction thereof in which the default continues.
8. THAT penalties and interest added in default shall become due and payable and shall be
collected as if the same had originally been imposed and formed part of such unpaid tax
levy.
9. THAT the Collector shall cause the same to be mailed to the residence or place of business
of such person indicated on the last revised assessment roll, a written or printed notice
speci$ing that amount of taxes payable.
10. THAT all byJaws inconsistent with the provisions of this by-law are hereby repealed.
RE,AD A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7TH DAY
oF JULY 20t1.
MAYOR CLERI(
-2-
By-law 2011-061 A By-Law to establish a levy for the year
2011
Page 240 of 297
By-law 2010-066 -3-
CORPORATION OF'THE
MI]NICIPALITY OF BAYIIAM
BY-LAW NO. 2011-061
Schedule A
Propertl'Class
Residential/Farm
Farmland Awaiting Development
Multi-Residential
Commercial Occupied
Commercial- Vacant Units
Commercial Vacant Land
Industrj-al Occupied
Industrial Vacant Units
Industrial Vacant Land
Pipelines
Farml-ands
Managed Forests
20LL Tax Rate
0. 650 414%
0 .325207 Z
1 .5251 4rZ
1.065118å
0 .7 455822
0 .7 455822
r . 447 236%
0 .9407 03U
0.940703?
0 .1444642
0.162603%
0.7626038
By-law 2011-061 A By-Law to establish a levy for the year
2011
Page 241 of 297
Page 242 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 243 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 244 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 245 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 246 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 247 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 248 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 249 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 250 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 251 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 252 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 253 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 254 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 255 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 256 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 257 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 258 of 297
By-Law 2011-063 A By-Law to authorize the execution of an
agreement (Elgin Military Museum)
Page 259 of 297
Page 260 of 297
THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LA\il 20tl-064
A BY-LAW TO AUTHORJTZE THF' EXECUTION OF A GOVERNMENT
AUTHORIZED REQTJESTERAGREEMENT \ilITII THE MINISTRY OF
TRANSPORTATION OF ONTARIO
\ilHEREAS Section ll of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides
in part that a lower tier municþalþ may pass by-laws respecting highways, including
parking and üaffic on higþways,
AND WHEREAS the Municipality of Bayham requires access to the information
products maintained by the Ministry of Transportation for the purpose of commencing a
legal proceeding against a registered licence plate holder who has committed a parking
infraction in contravention of a Municipal parking byJaw,
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems
it necessary and expedient to enter into an Authorized Requester Agreement with the
Ministry of Transportation of Ontario to permit access to the Ministry's information
products.
NOW THEREFORE TIIE CORPORATION OF THE MTJNICIPALITY OF
BAYIIAM HEREBY ENÄCTS AS FOLLOWS:
1. TIIAT the Clerk be and is hereby authorized to execute the Authorized Requester
Agreement between the Municipality of Bayham and the Ministry of
Transportation of Ontario, affixed hereto and forming part of this by-law, and the
Clerk is directed to affix the Corporate Seal thereto.
2. AND THAT the previous Authorized Requestor Agreement numbered 11091 be
and the same is terminated upon the effective date of this agreement.
3. AI\D TIIAT this byJaw shall come into full force and eflect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED TIIIS
7rH DAY oF JULY 2ott.
MAYOR CLERI(
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 261 of 297
Ministry of
Transportatíon
Ministère des
Transports
I nformation Management
Services Oversight Office
2680 Keele Street
Building A, Room 178
Downsview, Ontario
M3M 3E6
June 23,2011
Mr. Kyle Kruger
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road
Straffordville, ON NOJ 1Y0
Dear Mr. Kruger:
RE: AUTHORIZED REQUESTER AGREEMENT 11091
I am writing in regards to your current Authorized Requester Agreement.
As a result of a program review, and in consultation with both the Ontario Privacy
Commissioner's Office, the Ministry of Transportation is revising your Authorized
Requester Agreement, dated June 29, 2009.
The ministry takes the protection of personal information very seriously. The ministry
only releases personaf address information to clients who meet the ministry's prescribed
criteria for the Authorized Requester Program. Agreement clauses pertaining to
disclosure, retention and authorized use have been revised as a result of the program
review.
As a result, the ministry is replacing your current Authorized Requester agreement as
per Article 3. Please review the enclosed agreement thoroughly and initial and sign
where required, indicating your understanding and compliance with the terms of the new
agreement. Please return both copies of the signed agreements to the above address
no later than July 22,2011. Your current agreement and access to the Ministry of
Transportation's information products will be terminated if we have not received these
new agreements by the due date indicated above. Once signed by a ministry
representative, a copy of the new agreement will be returned to you for your files.
t2
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 262 of 297
AUTHORIZED REQUESTER
AGREEMENT
(MrrNrcrPAL PARrilNc TAc PROGRAM)
BETWEEN
TIER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO, as represented by the
MÍnister of Transportation
AIID
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 263 of 297
-l-
AUTHORIZED REQUESTER AGREEMENT
TIIIS AGREEMENT made as of the 23rd day of June, 201I (the "Effective Date").
BETWEEN:
I{ER MAJESTY THE QUEEN in right of Ontarlo, as represented by
the Minister of Transportetion
(rMTOtr)
-and-
TIIE CORPORATION OF TI{E MIJMCIPALITY OF BAYITAM
(the i'Munlcipality").
WIIERDAS:
A. MTO maintains computer databases containing information pertaining to driver, vehicle and
motor carrier records;
B. The Municipality requires access to such information for the purpose of commencing legal
proceedings against registered licence plate holders who have committed parking infractions
under Pa¡t II ofthe Provincial Afences Act (Onturtd, and/or in conEavention ofa municipal
parking by-law; and
C. MTO is prepared to permit the Municipality to obtain such access, subject to the provisions of
this Agreement.
NOW THEREFORE MTO and the Municipality agree as follows:
ARTICLE 1
DEFINITIONS AND SCHEDULES
1.1 Definltions.
In this Authorized Requester Agreerletrt, unlss5 the context requires a different meaning, the following
terms shall have the following meanings:
I'Agreementrr mea¡s this agreement entitled "Authorized Requester Agreement", including the
attached Schedules, any documents or instruments incorporated by reference in this agreement, and
any emendürents to any of the foregoing that may be agreed to in writing by MTO and the
Municipality or that are otherwise provided for in this agreement.
rrApplication" means tåe application, in the fomr approved by MTO, submitted by the Requester to
become an Authorized Requester.
trÄRIS'means the Authorized Requester Information System of MTO, which is an electronic system
used by MTO to receive Licensed Information Requests from Authorized Requesters, and to send
Liceosed Information Responses to Authorized Requesters and to maintain client profiles, as zuch
system may be modified by MTO from time to time.
I'Auditrr and simila¡ expressions mean the performance by, or on behalf of MTO, of such audits,
reviews, investigations, inspections, confirmations, certifications, tests, studies and determinations of,
or relating to, ary matter or rhìng pertaining to this Agreement.
I'Authorized Requester[ me¿¡¡rs any persoo or other organization (including other municipalities) to
whom MTO has, pursuant to an ag¡eement, granted a non-exclusive, non-assipable and
non-tansferable licence to access and use the Licensed Information solely for Authorized Uses.
ÍAuthorized St¡Fr mea¡s:
(a) employees of the Municipality, and
(b) individual third party contractors (but not corporations, partnerships or other legal
entities) engaged by the Municipality to perform employeeJike functions,
who need to access such Licensed Information or Passwords, in order for the Municipality to use the
Licensed Information for Authorized Uses in acco¡dance with this Agreement, and who a¡e listed in
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 264 of 297
)
Part A-2 of Schedule rrArr.
"Authorized Usest' has the mea¡ring set out in section 4,1.
ItBusiness Day" means a day other than a Saturda¡ Sunday or a statutory, civic or public service
holiday observed in the Province ofOntario.
"Claimsrr mear$ any claims, demands, actions, causes of action, suits or proceedings against, or
damages (including indirect, special, incidental, consequential or punitive damages), losses, liabilities
or obligations of MTO, or of MTO's employees, ageûts or conüactors,
rrConfidential Informationrr has the meaníng set out i¡ section 5.1.
"Contr¡ctor Security Agreemenf' mea¡ì¡¡ a privacy and confidentiality agreement between the
Muoicipality and Authorized Staff who are individual third party contactors engaged by the
Municipality, in the fomr specified by MTO.
'rl)amages" means losses, compeûìation, damages (including indirect, special, incidental,
consequential and punitive damages), expendihres, costs (including ¡easonable adoinistrative costs
and reasonable legal fees atrd costs), expenses, interest, liabilities, judgemeûts, awards, laxes, fines,
penalties, charges and amounts paid in settlemeût.
I'I)eclar¡tiotrrr has the meaning set out in section 10,2.
rrl)elivery Channel'r means the metbod or system by Ìvhich a Licensed Info¡mation Request is
transmitted or delivered from the Municipality to MTO or by which a Licensed Infomntion Response
is t¡¿nsmitted or delive¡ed from MTO to the Municipality.
,Disclose" mearu directly or indirectly disclose, provide, distribute, s¡çhango, sell, license, lease,
give, make available or permit access to or use of; and "Disclosed", "Disctosing' and "Disclosu¡e"
have corresponding meanings.
rrEffective Daterr meaos the effective date of this Agreement, as set out at the beginning of this
Agreement.
"Employee Security Statement" means a privacy and confidentialiqr statement in the fomr attached
as Schedule "Brr, as may be modified by MTO from time to t'ne.
rrFees" meaos those fees set out in Schedule itCtt.
|TFOIPPA|T mea¡s the Freedom of Inþrmation and Prolection of Privacy Act (Ontario), as ,mended
from time to time
"Fiscal Year" means a twelve (12) month period beginning on April I and ending on Ma¡ch 31 of tùe
following year.
"Government of Ort¡riorr¡¡sans Hs¡Nf¡jssty tbe Queen in right of Ontario or any minisu'y, ¿gs¡çy
board cozunission, deparEnent, co{poration or other legal entity of or owned by the Government of
Onta¡io.
I'Granflr bas the meaning set out in section 2.1.
'rlnitial Termil has the meaning set out in section 3,1(a),
"Licensed Information" [¿s 1[s msaning set out in P¡rt A-1 of Schedule ".{":
ttlicensed Inform¡tion Requesflt ¡Deaüi one request for Licensed Info¡mation contained in one
collection of Lice¡sed Infomntion and pertainilg to one driver, which request is in the fomlat
stþlated by MTO from time to time, aod which request is bansmitted or delivered by the
Municipality to MTO using a Delivery Channel specified in Part A-l of Schedule 'rArr.
I'Licensed Informatlon Responserr means the Licensed Info¡mation (or other ¡esponse such as "no
information available") taúsmitted or delivered by MTO to the Municipality, using a Delivery
Channel specified in Part Ä-1 ofschedule "A,rr, in response to a Licensed Information Request.
I'Licensed Personâl Informationtt meatrs any Licensed Information that is Personal Information.
f TMFOIPPAf ' means tle Municipal Freedom of Inþrmation and Protection of Prtvacy Acl (Ontario),
as amended from time to time.
"Non-disclosure Agreementrr has the meaning set out ia section 53(c).
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 265 of 297
-3-
I'Password" means any pfissword key, code o¡ identifier assigned to a user in connection with making
Licensed Information Requests or receiving or asçsssing lice¡rsed Information ReqÐnses.
"Permitted Recipienttr has the meaning set out in Part A-1 of Schedule t'At'.
I'Personel Inform¡tioni' mea¡rs personal information as deftned in FOIPPA.
I'Person¡l Inforn¡tlon Records'r mems all Records of, or con¡¿ining, Personal Information that is
Processed by the Municipality in connection with the performance by the Municipality of the
Municipality's obligations under this Agreement or the exercise by the Municipalþ of the
Municipality's rights under this AgreemeDt.
"Privacy I)efault( means a breach of, (i) any Privacy Laws; or (ii) any of the provisions of this
Agreement relating to the Municipalit/s compliance with the Privacy Laws, including Schedule I'I)";
or (üi) any other provision ofthis Agreement where such breach involves or ¡esults in any Processing
of(or failure to Process) Personal Information that is not sEictly in accorda¡ce wilh this Agreement.
"Privacy Lawsrr mea¡s (a) FOIPPA @) MFOIPPA and (c) the provisions of any other law from ti¡¡e
to time that address any Processing of(or failure to Process) Personal Infomration.
"Process" means directly or indirectly create, access, collect, process, receive, hold, stote, use or
Disclose; and "Processed' and "Processingn have corresponding meanings.
"POA" means tbe Provincial Ofences Act (Ontatio) as amended from rime to time.
rrRecordsrrmeaos the records of the Municipalþ in any format e¡ msdi,,m, including any "record" as
defined in FOIPPA.
I'Records Custodian" has the mealing set out in section 9.5,
rrSupporting Document" mem" any of the documents which
(a) support or veriS i¡formation contained in the Application (as such information may
subsequently have been changed in accorda¡ce with section 12'2 (a)); and
(b) a¡e listed in P¡rt A-1 of Schedule "4".
"Term" means the Initial Term and any renewal(s) of this Agreement made in accordance with
section 3.1@).
"lVrrrant¡rrr meâns any representation, wa¡ranty or condition, express, implied, collateral or statutory.
1.2 Schedules.
The following attached Schedules form part ofthis Agreement:
Schedule 'â' Specifications @art A-l and Part A-2)
Schedule'ts" EmployeeSecuritySøtement
Schedule "C" Fee Schedule
Schedule 'D" Audit, Inspection a¡d Review
Schedule "E ' Form of Monthly Report
Schedule 'T" Form ofAmual Report
Schedule "G" Form of MTO Report
ARTICLE 2
CRANT OI'LICENCE
Subject to the provisioos of this Agreement, MTO hereby grarts to the Municipalþ a non-exclusive,
non-assip.able and non-tansferable licence (the "Grant") to access and use the Licensed Information
solely for the Authorized Uses.
The Municipality acknowledges and agrees that MTO (or the Govemment of Ontario) is and shall at
all times ¡enain the sole owner of all rigbt, title and interest in the Licensed Info¡mot¡oo, ¡sl¡ding all
intellectual property rights (such as copyright) and other proprietary rights and trade secrets.
Accordingl¡ the Grant is not, and shall not be deemed to be, a transfer, sale or disposition ofany or all
of MTO's right, title o¡ interest of any kind in the Licensed Information.
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2,1 Changes in Licensed Information.
(a) Despite any other provision of this Agreemen! the Municipalþ acknowledges and
agees that MTO reserves the right in its absolute disc¡etion to add to, withdraw
from, or change the content o¡ structure of, or subject matter covered b¡ o¡ cease to
make available, any or all of the Licensed Information at any time.
(b) Upon implementation by MTO of any of the changes contemplated in section 23(a)
above, all references to "Licensed Infomntion" in this Agreement shall be deemed to
be a¡rended to reflect such chânges.
2.4 No Guerantees or W¡rr¡nties.
The Municipality achowledges and agrees that MTO does not waÍant or guaratrtee the accuracy of
the Licensed Information.
ARTICLE 3
TERM
3.1 Term.
Subject to the provisions of this Agfeement:
(a) Tbis Agreement shall be effective on the Effective Date and shall continue in force
fo¡ an initial term of twelve months (the "Initial Term").
(b) This Agreement shall be automatically renewed for subsequent terms of twelve (12)
months each, provided that:
(Ð neither party provides to the other, at least tbirty (30) days befo¡e the
expiry of the then curent term, written notice of that party's i¡tention not to
fenew;
(ü) if requested by MTO, prior to such renewal lhe Municipality signs the form
ofauthorized requester agreement that MTO then requires to be signed by
Authorized Requesters;
(iiÐ the Municipality has updated the list of Authorized Stafr co¡tained in Part
A-1 ¡nd Part A-2 of Schedule ilA" and has reviewed and affirmed such
list in accordance with sectlon 8.1;
(Ð the Mmicipality has updated the info¡mation contained in the Application
and has reviewed and affi¡med such infomration i¡ acco¡da¡ce with section
12.2; and
(") prior to such renewal the Municipality has satisfied any otber conditio¡s
that may be stipulated by MTO for the renewal of the Grant
3.2 Early Termination.
This Agreement shall automatically teminate in the event that MTO ceases to make available any
Licensed Information to third parties outside of the Govemment of Ontario.
3.3 Terminatlon TVithout Cause.
Notwithstanding any other provision of this Agreernen! this Agreement may be terminated without
liability by either party giving to the other party thfuty (30) calendar days prior written ¡otice of
temlination,
ARTICLE 4
AUTHORIZED USES
EiÌÍáiã
4.1 Authorized Uses,
The Municipality shall access and use the Licensed Infomtation solely for the following uses (the
"Authorized Uses'):
(a) to serd to registered licence plate holde¡s notices that are prescribed by law where a
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legal proceeding has been commenced by the Municipality against the registered
licence plate holder alleging that the registered licence plate holder has com¡ritted an
i¡-fraction against Part tr of the Provinciol Ofences Act (Ontario) and/or a parking
by-law enacted by the Municipality; and
O) to have Licensed Info¡rration certified by MTO for legal proceedings where it is
alleged that the registered licence plate holder has committed an infraction against a
parking by-law enacted by the Municipality.
4.2 Changes to Authorized Uses.
Despite section 4.1, the Municipality acknowledges and agrees that MTO shall bave the right
unilaterally to amend or delete any or all of the Authorized Uses at any time, effective upon written
notice to the Municipality setting out the applicable amendmeut(s) or deletion(s).
43 Informed ConsenL
Despite section 4.1, if required by MTO, the Municipality shall, prior to requesting, accessing or using
aoy Licensed Infonnation under this Agreement, obtain the informed consent of the individual to
whom the Licensed Information is referable.
4.4 Demonstr¡tion thet Uses Authorized
Upon MTO's request ftom time to time, the Municipality shall reasonably demonstrate that the
Municipality's use of any particular Licensed Information (as specified by MTO) has been strictly in
accordance with this Agreement. For avoidance of doubt, any breach of the requirements of this
section 4.4 shall constitute a Privacy Default.
4.5 Data Matching rnd Data Profiling.
(a) Subject to the Authorized Uses, the Municipality shall not develop, or derive for any
purpose whatsoever, any other produc! wo¡k o¡ database in humau-readable o¡
machine-readable fo¡m or otherwise, that incoçorates, modifies, or uses in any
manner whatsoevet any Personal Information contained in, or obtained ûom, the
Licensed Infomration. This section shall not, however, apply with respect to atry
specific Personal Info¡mation which the Municipality had in its possession prior to
receiving the Licensed Information.
O) Subject to the Authorized Uses, the Municipality shall not place any data which was
not obtained r¡nder this Agreemen! i¡to a daøbase cotrtaining Personal Information
obtained under this AgreemenÇ other than as fust authorized by MTO in writing.
4.6 Individu¡ls Not to be Contacted.
The Municipality shall not use the Licensed Information directly or indirectly to locate or contact any
individual to whom the Licensed Information is directly or indirectly referable, other than as expressly
stated in the Authorized Uses.
4.7 Surviv¡l.
For the avoidance ofdoubt, the obligations ofthe Municipalþ contained in this Article 4 shall sun'ive
the expþ or termination of this Agreemenl
ARTICLE 5
CONT'IDENTIALITY
ñíiãß
5.1 Confìdential Information.
Sr¡bject to sections 5.2, 5.3 and 5.4, the Municipality shall hold in strict confidence all Licensed
Inforrration and any other confidential information or materials of MTO, or of third parties and in the
possession or cootrol of MTO, and any infomration de¡ived ftom any of the foregoing (collectively,
the "Confi dential Information").
5.2 Maintain Confidentiality.
Without limitation to section 5.1, the Municipalþ sball not directþ or indirectly:
(a) disclose, make available, or provide or pernit access to or use of any Confidentíal
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Information for any purpose (other than to its Autborized Staff who need to know
zuch Confidential Information in order to carÐ/ out the Municipality's business, and
who a¡e permitted access to such Confidential Info¡mation strictþ in acco¡dance
with Article 8);
(b) reproduce or make copies, or permit any third party to reproduce or make copies, of
any Confidential Infonnation, in whole or in part (other than copies ofConfidential
Information made by the Authorized Staff contemplated in section 5.2 (a) in the
normal cou¡se of the Municipality's business), other than as expressly stated in the
Authorized Uses.
5.3 Disclosure of Licensed Information to Permitted Recþienß.
Despite section 5.2, but subject to the provisions ofsectiors 5,3 O), 53 (c) and 53
(d), the Municipality shall have the right to disclose particular Licensed Information
Out not Passwo¡ds or any otåø Confidential Infomration) to Permitted Recipients
solely for the purpose specified i¡ Part A-1 of Scbedule "4". For avoid"nce of
doubt, nothing in this section 53 (a) permits the Municipality to give a Pe¡¡nitted
Recipient general access to the Licensed I¡formation in the Municipality's
possession or control, nor shall a Permitted Recipient be entitled to make copies of
Licensed Information.
The Municipality shall record (in such form and format as from time to time may be
required by MTO) each disclosu¡e to a Pennitted Recipient. Such record shall
include the particular Licensed Information disclosed the Permitted Recipient to
rvhom such Licensed Info¡mation \rras disclosed, the business purpose for such
disclosure, and the date of disclosure. The Municipality shall mai¡tain such records
throughout the Term and fo¡ a period of tbree (3) yeañ¡ after the expiry or
termination of this Agreement
Prior to making any disclosure to a Pemitted Recipient, rhe Municipality shall enter
into a privacy and non-disclosu¡e agreement with that Permitted RecipienÇ in the
form specified by MTO in writing from time to time (the "Nondisclosure
Agreement").
The Municipality shall ensure that each Permitted Recipient frrlly complies with the
Non-disclosu¡e Agreement. The Municipality shall be firlly liable to MTO for any
breach of the Nondisclosure Agreement by a Permitted Recipien! and any zuch
breach shall constitute a breach by the Municipality of this Agreement.
The Municipalþ shall ¡etain an original copy of each Non-Disclosure Agreement
from the time it is executed until at least tbree (3) years after the date the Permitted
Recipient who signed that Non-Disclosure Agteement ceases to be a Permitted
Recipient. Upon MTO's request from time to time, the Municipality shall provide
MTO with copies of all executed Non-Disclosure Agreements.
5.4 Dlsclosures Required by Appllcable Law.
Despite section 5.1, the Municipality may, subject to secdons 5.4 @) end 5.4 (c),
disclose Confidential Info¡mation to the extent required by applicable law
If the Municipaliqr becomes compelled by applicable law to disclose Confidential
Information, the Municipality may only disclose that part of the Confidential
Information that it is compelled by applicable law to disclose, and may only disclose
such Cotrfidential Inforrration i¡ fftg ¡¡¡nng¡ and to the extent so compelled by
applicable law.
If the Municipality becomes corrpelled by applicable law to disclose Confidential
Information, the Municþality shall notif, MTO of the disclosu¡e as soo¡ as is
reasonably possible.
5.f,Survival.
For the avoidance of doubt, this.Àrticle 5 shall sunive the expiry or temination of this Agreement for
any reæo¡.
ARTICLE 6
PRTVACYLÄ\ryS
6.1 Privacy Laws.
(a) This Agreement and the rights granted to the Municipality urder this Ageement a¡e
(a)
o)
(c)
(d)
(e)
(a)
o)
(c)
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(b)
subject to any restric
the Privacy Laws or
of Onta¡io or by the
the date of signing this Agreement.
without limiting the generality of section 6.1(a), this Agreement is subject to any
provisions of any applicable law that may restrict or limit:
(Ð the i¡formation included in the Licensed ldormation; or
(iÐ the information that may be provided in response to a Licensed Information
Request.
6.2 Compliance by MunicipalitY.
The rmwillremain, in
full its Processing of
Lice generalitY of the
foregoing, the Municipality shall comply with any \tritten instn¡ctions or directions from MTO from
tine to time conceming Licensed Pe¡sonal Information or Personal Information Records (including the
p¡qss5si ng of such Licensed Personal Information or Personal Information Records).
63 Surviv¡1.
For the avoidaoce of doubÇ this Article 6 shall survive the expiry or termination ofthis Agreement for
any feasoD.
ARTICLE 7
PROTECTION OT' CONFIDENTIAL INFORMÄTION
Eidãß
7.1 Security of Confrdential Information.
The Municipality shall maintain the security and integrity of the Confrdential Information. Without
limitation to the foregoing, the Municipality shall
(a) keep all copies or partial copies of the Confidential Informatio¡ in a physically
secure location to which access is restricted;
O) ensure that access to any Confidential Information stored on a computer is
Password-protected and that the Passwords a¡e treated as Confidential Information
and are cbanged ou a frequent basis;
(c) comply with the security provisions a¡d sta¡da¡ds set out in P¡rt A'-1 ofSchedule
ttAtt; and
(d) comply with zuch security requirements as a¡e from time to time specified by MTO'
7.2 SecurityProducts.
The Municipatþ shall be responsible for the selection, implementatiou and maintenance of
appropriate security products, tools and procedures sufficient to meet MTO's requirements for
protecting 1åe Confidential Information ftom improper access, loss, alteration or desfruction. The
Municipality shall be reçonsible for establishing, monitoring and testing the Muaicipality's own
security products, tools and procedures to ensu¡e their adequacy.
7.3 P¡sswords.
(a) Deemed to be Conñdential Information. Any Passwords shall be deemed to be
"Confidential Infomlation" for the purposes ofthis Agreement.
(b) No Disclosure to Third P¡rties. For the avoidance of doub! the Municipality shall
not disclose any Passwords to, or pemrit atry access to, or use of, any Passwords by
any third party, provided that nothing in this section shall prevent the Municipality
from disclosing Passwords to its Authorized Staffwho:
(Ð need to know such Passwords in order for the Mrmicipality to obtain and
use the Licensed Information for Authorized Uses, and
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are authorized to access to such Passwo¡ds strictly in accordance wilh
Article L
7.4 Restricted Access.
The Municipality sball at all times restrict access to the Confidential Information solely to Authorized
Staq in accordance with the requirements set orìt in this Agreement. The Municipality shall be
responsible to MTO for any unauthorized access to Confidential Information rezulting from the
Municipality's failwe to meet the Municipality's obligations in this Agreement (incl¡ding this section).
7.5 No Exposure,
Subject to the Authorized Uses set out in section 4.1, and without limiting the generality of the
restrictions or obligations placed upon the Municipality in Articler 4, 5, 6 and 7, no Confidential
Information shall be exposed or placed so that it can be viewed by the public and/or any
non-autlorized persons,
7.6 Dqstruction of Co¡fidentlal Information.
(a) Subject to sections 7.6@) and 7.6(c) and 7.6(d), the Municipality shall desroy all
copies of Confidential Information in its possession or conúol, upon or before the
earlie¡ of:
(Ð the expiration or termination of this Agreement for ariy reasot;
(iÐ thirty (30) days following completion or fulfilment of the applicable
Authorized Uses as set out in section 4.1; or
(üÐ the thi¡d Business Day after the date of suspension, cancellation or
voluntary cancellation of any or all of the Municipality's accounts with
MTO or any or all of the Municipality's rights or privileges under this
Agreement.
Despite section 7.6(a), if this Agreement expires and no Event of Default bas
occurred and then remains outstarding, the Municipality shall not be required to
destroy the Confidential Information aûd records ¡efer¡ed to in that section for so
long as there ¡emains in full force and effect a separate written agreement entered
into by the Municipality with MTO under which the Municipality is authorized to
possess and use that Confidential Information and those ¡ecords for the purposes for
which they are then being possessed and used by the Municipality.
Despite section 7.6(a), the Municipality shall not be required to destroy the
Confidential Information and records ¡eferred to ir that section to the extent (ifany)
that:
(Ð the Confidential Information was also separately obtained by the
Municipalþ from a third party that was not at that time under any
obligation to keep such Confidential Information confidential; or
(iÐ the Confidential Information pertains to an individual who has consented to
having the Municipalþ keç that Coufidential Information þrovided that
such consent is given in accordance with applicable law), or
(iiÐ the Municipality is required by applicable law to retain for any period of
time any of the Confidential Informatio¡. The Municipality shall be
pemritted to retain such of that Confidential Informatioo or those records, in
zuch form and for such period oftimq as is so required by applicable laq
subject to tåe Municipality's confidentiality, non-disclosu¡e and security
obligations in this Agreement (including all of the Municipality's
obligations in Articles 4, 5, 6 and 7).
(iÐ
(b)
(c)
(d) For the avoidance of doubt, nothing in this section 7.6 shall limit o¡ ¡elease the
Municipality ftom the security, confidentiality and non-disclosu¡e provisions of this
Agreenent, which provisions shall suwive any termination or expiration of this
Ag¡eement and shall ¡emain in fi¡ll force and effect until such time as they are
satisfied or by thei¡ nah¡re exphe.
Retention of Licensed Information Witbin Cantdt.7.1
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The Municipality shall ensure that:
(a) no Licensed lnformation Requests will be made, and
(b) no Licensed Information Responses o¡ Licensed Inforrration will be received,
tra¡rsmitted, sto¡ed or ¡etained by or on behalf of the Municipality
outside Canada, for any time period, no matter how short.
ARTICLE 8
AUTHORIZED STAFI'
8.1 Listed in P¡rt A-2 of Schedule 'rAr'.
The Municipalþ covenants and warr¿nts that all Authorized Staff as of the date of this Agreement
have been listed in Part A-2 of Schedule I'4". The Municipalþ shall, within ten (10) days of any
change in the list of Authorized Søff, advise MTO of such change in writing o¡ othe¡ format
acceptable to MTO. Notwithstaoding any other provision of this Agreement, MTO resewes the right in
its absolute discretion:
(a) to ¡eject any employee o¡ conüactor of the Municipality as an Authorized Staff
member; and
O) to prohibit ao Authorized Søffmembe¡ from accessing any Licensed lnfo¡mation.
8.2 Employee Training, Security Statements and Contr¡ctor Security Agreements.
The Municipality shall require all Authorized Staff:
(a) when and as required by MTO, to take such ¡¿ining in the haodling and protection
of the Licensed Info¡mation as is made available to the Municipality by MTO;
O) who a¡e Municipality employees, to enter into and comply with the Employee
Secu¡ity Statement; and
(c) who are individual third party contr¿ctors engaged by the Municipality, to eDter into
and comply with a Contractor Security Agreement.
8.3 Authorized Staff Compliance.
The Municipality shall be solely responsible for enswing that its Authorized Staff fully comply with
the Municipality's confidentiality and security obligations contâined in this Agreement. Without
limiting the generality ofthe foregoing, o¡ ofsection 8.2, the Municipality shall be solely responsible
for ensuring full compliance with the Employee Security Statement and Contacto¡ Security
Agreement by Autlorized Staff. The Municipalþ shall indenniff and hold hamrless MTO from and
against any Damages tåat occu¡ as a result of any non-compliance with the Employee Security
Statement o¡ Co¡tractor Security Agreement by such Authorized Staff.
8.4 Retention of Original Coples.
The Municipalþ shall retain an original copy of each Employee Security Statement and Conhactor
Security Agreement from the time it is executed until at least three (3) years after the date the
Authorized Staffwho signed that Employee Security Statement or the Contactor Security Agreement
(as the case may be) ceases to be an employee or cotrtractor of the Municipality. Upon MTO's request
from time to time, the Municipality shall provide MTO with copies of all executed Employee Security
Statements a¡d Contractor Security Agreements.
ARTICLE 9
REPORTING .A.ND RECORDS
ñïria-is
9.1 Monthly Report
The Municipality shall duly complete and remit to MTO a monthly report which is contained in
Schedule rrErr. The signature of the T¡easu¡er o¡ Chief Financial Office¡ of the Municipality shall be
affixed to the monthly report. The monthly report shall be ¡emiued to and received by MTO within
fifteen days after the end ofeach calendar month to which the monthly report coresponds. Where the
Municipalþ owes MTO payment under Article 16 herein, the monthly report shall be remitted along
with the paym.ent that is owing to MTO. Where no payment is owing to MTO under Article 16 herein,
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the monthly report that is remitted shall indicate as such.
9.2 Annual Report
The Municipality shall duly complete and remit to MTO an annual report as prescribed in Schedule
"tr"'. The first annual report shall be ¡emitted to, and received by MTO on o¡ before April 15, 2005,
and shall contain data conesponding to the period from the Effective Date to March 31, 2005.
Subsequent annual reports shall be remitted to, and received by MTO on or before April 15 for each
year that the Agreement is in effect, and shall contain data corresponding to the previous Fiscal Yea¡.
9.3 MTO Reports
MTO shall duly complete and send an annual report to the Municipality as prescribed i¡ Schedule
rrcrr. The report shall be remitted and received by the Municipality on or before May lst of each year
that the Agreement is in effect, and the data contai¡ed in each report shall correspond to the previous
Fiscal Year, except for the first annual report which shall correspond to the period from April l, 2004,
to March 31,2005.
9.4 Records
MTO and the Municipality shall maintain written records, which shall be sufficient to enable both
parties to produce the reports that are prescribed in Scbedules rrErr, rrF rr and rrGtr. The Muicipality
shall retain tle reco¡ds contemplated in this section 9.4. tlroughout the Term and for tbree (3) yean
the¡eafter,
9.5 Records Custodian
Each party shall desipate one or mo¡e individuals with appropriate authority as the persons
responsible for the compilation and custody of the written records of that party prescribed in section
9.4 (a I'Records Custodian"). The Reco¡ds Custodirin(s) designated by a party shall be competent to
certifl the accuracy and completeness ofthe written ¡ecords that such party is required to maintain aûd
produce. The Records Custodian(s) designated by each party is (are) set out itr Pârt A-2 ofSchedule
"Ä", provided that either party may change the desipation upon notice to the other party given in
accordance with section 21.3.
ARTICLE 10
AUDIT A¡fD A¡f¡ruAL DECLÄRATIONS
EfiFß
10,1 Audit of Municipality.
The Municipality shall accommodate Audits of the Municipality in accordance with the provisions of
Schedule "D". For the avoidance of doubt, this section 10.1 and Schedule rrl)il shall survive the
expiry or termination of this Agreement for any reason.
10.2 Audit of Permitted Recipients
The Municipality shall ensure that each Permitted Recipient accommodates Audits of that Pe¡mitted
Recipient in acco¡dance with the provisions of Schedule "Dr' (as ifÎåat Perrritted Recipient we¡e the
"Municipality" as specified in Schedule "D"), aod that such Permitted Recipient frrlly ceoperates
with and assists MTO in carrying out such Audits in acco¡dance with such provisions. The
Municipality shall be ftlly liable to MTO for any failure by a Permitted Recifent to ñ¡lfil the
requirements contemplated by this section 10.2, and any such failu¡e shall co¡stitute a breach by the
Municipality of this Agreement. The Municipality agrees to indemnifr and hold harmless the MTO
ûom and against any Damages that occìrf as a result ofany such failure.
10.3 A¡nuall)ecl¡ration.
Prior to the expiry of each current Term, the Municipality shall complete, sig¡ and submit to MTO a
declaration (the "Declaration") relating to the Mrmicipality's compliance with the obligations under
this Agreement during the previous twelve (12) months. The Declaration shall be in such form and
fonnat as may be specified by MTO from time to time, and shall be executed by such officer of tåe
Municipality, or other responsible person, as may be specified by MTO in the form of the Declaration.
ARTICLE 11
INFORMATION TRANSMISSION
".{s Requested" Basis.11.1
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Licensed Information shall be provided by MTO to the Municipality through the Delivery Channels
and on an "as requested" basis in response to Licensed I¡formation Requests, all in accordance with
the procedures specified by MTO fiom time to time. The Municipality acknowledges tha! owing to the
complexity and diversity of technologies utilized in the provision of Licensed I¡formation Responses,
MTO does not guaratrtee that it will transmit or deliver Licensed Information within a stþulated time
after receipt ofthe applicable Licensed Information Request.
ll.2 Incomplete, Ineccurste or Corrupted Documents.
(a) IfMTO ¡easonably suspects that a Licensed Information Request received ûom the
Municipality was incompletely or inaccurately úansmitted, or comrpted in
bansmission, or not intended for MTO, MTO shall so notiry the Mudcipality. MTO
shall not respond to such Licensed Information Request until MTO has received
confirmation from the Municipalþ of the validity and completeness of the Licensed
Information Request
(b) If the Municipality reasouably susp€cts that a Licensed Infor¡ration Reqponse
received from MTO was incompletely or inaccurately tansmitted or comrpted in
tansmission, or not intended for the Municipality, the Municipality shall so notifr
MTO. The Municipalþ shall not rely upoo any information until the Municipality
has ¡eceived co¡finnation fiom MTO of the validity and completeness of the
Licensed Information Response. If requested by MTO, the Mudcipality shall return
or destroy an invalid or incomplete Liceosed Information Response.
113 DeemedAuthorization.
The Municipality shall establish reasonable and appropriate systems, methods and procedures to
conEol the transnission or delivery of Licensed Info¡mation Requests and the receipt of Licensed
Information Responses. Subject to section 11.2, each Licensed Information Request sent by the
Municipality to MTO r¡nder this Agreement shall be deemed to have been duly authorized by the
Municipality and shall be binding upon the Municipality, unless the Municipality otherwise notifies
MTO before MTO responds to or rrakes any use of that Licensed Information Request.
ARTICLE 12
APPLICATION INT'ORMATION
l2.l Warranty.
The Municipalþ represents and warr¿nts that all information contained in the Application is tue,
correct and complete as ofthe date ofthe Applicatiou.
12.2 Updates.
Within ten (10) Business Days after the occurreuce of any change in any of the
information contained in the Application, or any change to any ofthe information
previously provided pursuatrt to this section 12.2 (a), the Municipality shall notifr
MTO (in writing or othe¡ format acc€ptable to MTO) of such change.
Prior to the expþ of any of the Supporting Documents, and no l¿te¡ than ten (10)
days after the date of an smendment to any of the Supporting Documents, the
Municipality shall provide MTO with a copy of the replacement Supporting
DocumeDt, or of the amended Supporting Docr¡ment, as the case nay be. Upon the
request of MTO, the Municipality shall provide MTO with an original o¡ certified
copy of any Supporting Document. MTO reserves the right, upon notice to the
Municipality, to edd additional documents to the list of Supporting Documents
contained in Part A-l of Schedule rrA'r.
ARTICLE 13
REVIEW A¡{D RE-YERIT'ICATION
Gi¡EE
13.1 Reúew and Re.Verification Annually and as Required by MTO.
At least thirty (30) days prior to the expþ of each cu¡rent Term, and at such other times during each
Term as may be required by MTO, the Municipality will review and re-veri$ (in such foml and fo¡mat
as may be specified by MTO from tir¡e to time) the information contained in the Application, as such
information may subsequently have been changed in accordance with section 12.2 (a).
(a)
(b)
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ARTICLE 14
aUTHoRIZED REQUESTER INI'ORMATION SYSTEM
l4.l ElectronicRequests.
If the intemet has been included as a Delivery Channel in Part A-1 of Schedule "4", MTO will
accept Licensed Information Requests from the Municipality, and will provide Licensed Information
Responses in accordance with specifications set out in Part A-1 of Schedule "4" utilizing ARÍS.
14.2 Password.A.ssignmenL
(a) The Municipality shall (in writing or other format accepùable to MTO), advise MTO
of those members of the Authorized Staff whom the Municipality wishes to have
access to ARIS.
(b) MTO, at its discretion, shall assigp. user identification and Passwords to members of
the Authorized Staffin acco¡dance with security policies and procedures ofMTO.
Notwithstanding the foregoing, MTO reserves the right not to issue user
identification or a Password to any individual or individuals regardless of their
desipation as Authorized Staff.
(c) The Municipality shall ensure that only Authorized Staff who log onto ARIS using
the user identification and Password assiped to them by MTO (as such Password
may be changed from time to time) can gain access to the Passwo¡ds or make
Licensed Information Requests or receive Licensed lnformation Responses through
ARIS.
14,3 MunicipalitySystems.
In order to access Licensed Info¡nation ¡filizing ARIS, the Municipality shall obtain, install and æst,
at the Municipality's own expense, Îùe following computer equipment, softwa¡e and services, with the
following mini¡¡r'm specifi cations:
. Pentiu¡rcomputerorhigher;
. InternetExplorer, Netscape orhigher; and
. Intemet service.
The Municipality acknowledges and agrees that MTO shall have no responsibility for providing
technisal suppelt, or maintenance, for any ofthe Municipality's own systems required to access ARIS.
ARTICLE 15
CERTIFICATION OF RECORDS
15.1 Certification by Registrar
The Municipality shall only rcquest that Licensed Information be ce¡tified by the Regisrar of Motor
Vehicles (MTO) when the Municipality is required to do so for the purpose of legal proceedings or for
some other purpose required by law.
15,2 T¡ansmission of Certified Llccnsed Informetion
MTO shall transmit to the Municipality, by mail or such other method as may be agreed to by both
parties, all Licensed Information which it has certified in paper format.
ARTICLE 16
T'EES AIÍD PAYMENT METHODOLOGY
16.1 Fees and Payment Schedule.
For obtaining Licensed Infomtation from MTO ¡¡ds¡ this Agreement, the Municipality shall pay the
Fees, and comply with the payment methodology, as set out in Schedule "C".
ARTICLE 17
INDEMMTY AIID LIMITATION O[' LIÄBILITY
l7.l Indennity.
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The Mrmicipality agrees to defend indemnif and hold harmless tåe Govemment of
Onø¡io and its ofticers, employees, agents or contractors, from and against any and
all Claims and Damages that may occur, by reason of
(Ð any breach or deemed b¡each of this Agreement by the Municipality' or
(iÐ any non-compliance with Employee Security Statements or Contactor
Security Agreements by any of the Authorized Staff; or
(iil) any non-compliance with Non-Disclosu¡e Ag¡eements by any Permitted
Recipient; or
(Ð any negligent, improper, o¡ u¡authorized use or dissemination of
Confidential l¡fomration by the Municipality or by the officers, employees,
contactors (including Authorized Statr) or agents of the Municipality; or by
Permitted Recipients; or
(v) inaccu¡ate or out-of-date information contained in Licensed lnformation
firmished ûo the Municipality by MTO.
17.2 Limitation of Liability.
(a) The Govemment of Ontario makes no War¡anties with respect to the Licensed
Information, including any Warranties that any Licensed Information (or any
information contained in the Licensed loformation) will be accurate, complete ot
upto-date, or free of e¡rors or omissions, in whole or in part, or that any Licensed
Infomration will be fit for any purpose.
(b) In no event will the Govemment of Ontario be liable for any Damages or Claims,.
including any Claims for loss ofprofits or other incidental or consequential damages,
arising out of the Municipality's use o[ or inability to use or access, any Licensed
Information, or delays by MTO, or from failure to supply Licensed Information, or
ûom inaccurate, incomplete or out-of-date information contained in any Licensed
Information.
(c) The Municipatity ¡eleases a¡d forever discharges the Government of Ontario (and
the Govemment of Onu¡io's officers, employees, agents and contractors) ûom any
Claims relating to ary WaÍaûties contemplated in section 17.2(a) and ûom auy
Damages or Claims contemplated in section 17.2(b).
Surviv¡l.
The provisions of this A¡ticle 17 shall survive the expþ or termhation of this Agreement for any
feason.
ARTICLE 18
DET'AULT A¡fD R-EMEDIES
18.1 Events ofDefault.
"Events of Default" shall include any one or more of the following:
the Municipality ís merged wit\ or annexed by, another municipality;
the Municipality has submitted false or misleading information to MTO (including
false or nisleading information in the Application) or makes a false representation in
this Agreement or the Application;
the Municipalþ has failed to update the information contained in the Application or
has failed to ¡eview and re-veri! such information in accordance with section 12.2;
there is a material degradation in the security measures (including security products,
tools or procedures) that the Municipality has in place to Protect the Licensed
Information from improper access, loss, alteration o¡ destn¡ction;
the Municipality commits a Privacy Default and such Privacy Default is not curable
or such Privacy Default is curable but the Municipalþ fails to cu¡e it as
expeditiously as possible and in any event within twenty four (24) hours ofreceiving
notice of such Privacy Default from MTO;
(a)
173
(a)
o)
(c)
(d)
(e)
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(Ð Tbe Municipality fails to make ary payment as required under this Agreement, or if
payment is in the form ofa cheque or otåer negotiable instrument, such payment is
rejected for not sufficient funds;
(S) the Municipality fails to meet any other term or conditio¡ of this Agreement
(excluding any other default expressly ¡efer¡ed to in this section 18,1) aod such
default is not cu¡able or such default is curable but the Municipalþ fails to cure it
within ten (10) days of receiving notice of such default from MTO; or
(h) the Municipality is, or is deemed to be, in default under any other agreemen(s) with
MTO relating to access or use of any Confidential Information.
18.2 Remedies.
(a) Upon the occrurence of an Event of Default, MTO shall have the right, effective
irrmediately without notice, to:
(Ð terminate this Agreement;
(iÐ zuspend or cancel any or all of the Municipality's accounts with MTO;
(iiÐ suspend or cancel any or all ofthe rights or privileges ofthe Municipality
under this Agreement; and/or
(iv) suspend or cancel any or all of the Passwo¡ds issued by MTO to the
Municipality.
(b) MTO may also pursue any appropriate adminisFative, civil and/or criminal remedies
for default ofany ofthe provìsions ofthis Agreement.
183 Notification of Default
The Municipality shall notiû MTO in writing immediately upon beconing aware that an Event of
Default has occurred or that any other provisions ofthis Agreement have been breached.
ARTICLE 19
AMENDMENTS TO THE AGREEMENT
19.1 Amendments.
The Municipality acknowledges and agrees tåat MTO shall have the right rrnil¡fe¡¿[y to amerd this
Agreement from time to time. Such ¡mendments shall become efective ten (10) days after the
Municipality's receipt of written notice of zuch amendments (or at any later time specified in such
notice). Notwithstanding the foregoing, MTO shall have the right unilaterally to u-*d th" Fe"s ."t out
in Schedule "C", without notice to the Municipality.
19.2 Termination.
If the Municipality receives a notice of any amendments under section 19.1, the Municipalþ shall
have the right to terminate this Agreement efrective upon written notice to MTO.
ARTICLE 20
PROMOTIONAL MATERIAL
20.1 Accuracy.
Any promotional or informational material disseminated by the Municipality in connection with the
Licensed Informatio¡ or access to the Licensed Information shall be accurate and shall b€ consistent
with the terms a¡d provisions of this Agreement, and shall contain only factual statemetrls relating to
the Licensed Information and the purpose and conditions ofaccess as set forth itr this Agreement. For
1Sg ¿voi¡la¡çs of doubg nothing in this section 20.1 shall be deemed to limit or release the
Municipality from any ofthe confidentiality, security or privacy provisions ofthis Agreernent.
20.2 MTO Tr¡de-Marks and Logo.
Neither MTO's n¡¡me nor any MTO t¡ade-ma¡k or logo may be used by the Municipality without the
prior written consent ofMTO.
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ARTICLE 21
GENERÂL PROVISIONS
2l.l Force Majeure.
Neither pafy shall be liable for delay or failure in performance resulting ûom acts beyond the control
of that parly, including acts of Go{ acts of war, fi¡e.s, floods or other disasters, strikes, walkouts,
lockouts, communication line or power failure, or failure, inoperability or destruction of computer
hardware, softwa¡e or firmwa¡e (unless caused by the negligence of that party), or any negligence,
wilful misconduct o¡ b¡each of this Agreement by the other party.
21.2 Non-Assignability.
The Municipalþ may not assip. or transfer this A$eement, or any right under this Agreement, either
in whole or in part. Subject to this resEiction, this Agreement shall enu¡e to the benefit oi and bind,
the parties and their respective successors and assigns.
21.4
Notices.
(a) Any uotification or other communication to be given under the provisions of this
Agreemeût shall be in writing and shall be given by personal delivery, or sent by
electronic facsimile, o¡ mailed by a prepaid registered mail or delivered by courier
service. Subject to change by either party with written notice in acco¡dance with this
section 21.3, notices shall be addressed in accordance with the add¡esses set out in
Part A-2 of Schedule ".A".
(b) Notices shall be deemed to have been effectively given on the date of persooal
delivery, the date of elecEonic facsimile ¡a¡s6i55i6¡ or the date of delivery by
courier service, or in the case ofsewice by registered mail five (5) days after the date
of mailing.
W¡iver.
Failure of MTO to complain of any act or f¿ilu¡e to act of the Municipality, or to declare the
Municipality in default, shall not co¡stitute a waiver by MTO of its rights under this Agreement. No
waiver of any rights under this Agreement shall be effective unless in writing, duly executed by MTO.
21.5 Entire Agreement
This Agreement constitutes the entire agfe€meDt and understanding of the parties relating to the
subject matter of this Agreement and supersedes all prior understandings, discussions, negotiations,
commihents, wa¡r¿nties and agreements, written or oral, express or implied, betwee¡ them.
Notwithsønding the foregoing, this cection 21.5 shall not sewe to teúiinate o¡ cancel any outstaûdi¡g
liabilþ or paym.ent arising out of any prior agreements or arrangements of the parties lvith respect to
access to, and use of, the Licensed Information. Except as expressly provided in this Agreement and
subject !o section 19.1, this Agreement may be amended or modifred only by an insüument in writing
executed by each ofthe parties.
21.6 Surviv¡lofProvisions.
Obligations under this Agreement which expressly or by their nature sunive the termination or expiry
ofthe Term will co¡tinue in force subsequent to, and in spite of, such termination or expiry until they
a¡e satisfied or by their nature expire.
21.7 Governing Law.
This Agreement shall be deemed ûo have been formed in the Province ofOntario and shall be goveroed
by the laws in force in Onta¡io (and the laws ofCanada applicable in Ontario). Each party irrevocably
submits to the exclusive jurisdiction of the courts of the P¡ovince of Ont¿rio with respect to a¡ry natter
arising under, o¡ ¡elated to, this Agreement.
21.8 Interpretation.
(a) Headings a¡e notto be consideredpart ofthis Agreemen! and are included solely for
convenience and are not intended to be fi.rll or accurate descriptions ofthe content of
the paragraph.
O) In this Agreemen! words imForting the singular number include the plural and vice
vers4 words importing the masculine gender include the feminine and neuter
genders; words importing persons include individuals, sole proprietors, corporations,
pafinerships, Eust and unincorporated associations.
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(c) Unless specified otherwise in this Agreement, a reference in this Agreement to a
statute refers to that statute as in fo¡ce at the Effective Date and as the same may be
amended, re-enacted consolidated and/or replaced from time to time, and any
successor statute. A reference to a statute shall be deemed to include any regulations
made under that statute.
(d) For purposes of this Agreement, unless otherwise provided in this Agreement, a
period ofdays or Business Days shall be deemed to:
(Ð begin on the first day after the event that began that period, and
(iÐ end at 5:00 p.m. @astem Stardard Time or Eastem Daylight Savings Time,
as the case may be) on the last day or Business Day, as the case may þ of
that period.
(e) In this Agreement the words "include', "includes" or "including" mean "include
without limitatiou", "includes without limitation" and "including without limitation",
respectively, and the words following "include", "includes" or "including" shall not
be considered to set forth aú exhaustive list.
IN WITNESS WHEREOF, each of the parties have executed and delivered this Agreement as of the
date fi¡st above w¡itten.
HER MAJESTY THE QUEEN in right of Ontario, as
represented by the Minister of Transportetion
fo¡ Paul Brown, Director, Licensing Sewices Branch
WilmaPiovesa¡
Manager, Information Management Services Oversigbt
Ofüce
Date:
MTJNICIPALITY:
I have the authority to bind the organization.
By:
By:
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SCIIEDULE ''A''
SPECIFICATIONS
P¡rt A-1
A. Licensed Information:
PLDABS - Plate by date Abstract with Address
PLCABS - Certified Plate by Date Absftct with Add¡ess
B. Pemriued Recipient(s):
Third party providers of parking ticket program software who may access Licensed
Informãtion solely for the purpose of supporting such softwa¡e on behalf of the Municipalþ.
C. Delivery Channels:
(a) ForLicensedlnformationRequests:Intemet
(b) Fo¡ Liceused Infomration Responses: Intemet
D. List of Supporting Documeuts:
Security Stateme¡t, 9999-12-3 I
Authorized Application Sipor Data & Signature, 9999-12-31
E. Security Provisions a¡d Standards:
Security Provisio¡s: computer security - individual specfic access to files. building security -
combination coded storage vault. Building access - security alarm protected. Storage ofhard
copies - combination coded safe/vault. ,A.cc€ss from computers out of the public eye'
department head office.
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Part A-2
A. Add¡esses fo¡ Notice:
(a) FoTMTO
Information Maoagemeut Sewices Oversight Of8ce
Main Floor, Building "4"
2680 Keele Street
Downsview ONTARIO I4lM 3E6
Attention: Coordinator, Business Informatio¡ Services Unit
Telephone: (41 6) 246-i I 12
Facsimile: (416) 23 5 4465
(b) For tbe Municipality
THE CORPORATTON OF TTIE MIJMCIPALITY OF BAYHAM
Physical Address:
9344 Pla¡kRoad
Straffordvillg ONTARIO
NOJ IYO
CANADA
Mailing Address:
93,{4 Plank Road
Shaffordville, ONTARIO
NOJ IYO
CANADA
Attention: Mr. Gordon Roesch, Fi¡e Chief
Telephone: (519) 866-5521
Facsimile: (519) 866-3884
B. List of Authorized Staff:
Mr. Gordon Roescb, Fi¡e Chief
Mr. Kyle Knrger, A¡lministaûor
C. Records Custodians:
(a) MTo:
(Title) Supervisor, Data Access Unit
(TelephoneNumber) (416)246-7214
(b) Tbe Municipality:
(Title)
(Telephone Number) ( )
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SCTIEDULE I'8"
MT'MCIPALITY EMPLOYEE SECTJRITY STATEMENT 11091
Employee Name:
Division:
Position #:
l. THE CORPOR.A.TION OF TI{E MUMCIPAIITY OF BAYIIAM (the "Municipality") is
licensed to ¡eceive confidential and personal information (the "Information") Aom files and data
bases administered by the Ontario Ministry of Transportation ("MTO"). MTO is cornmitted to
protecting this Information ftom unauthorized access, use or disclosure. The following policies have
been adopted to address employees' responsibilities for handling and protecting this Information.
2. As an employee of the Municipality, you may access this Information only when necessa¡y to
perform your duties as such employee in the course ofyow employment, and only for the following
pufposes:
AU08 - Locating and invoicing ow¡ers ofabandoned/illegally parked vehicles. For the
avoidance of doubt, Licensed Information accessed and used for this Authorized
Use ca¡not be disclosed to third parties for the purpose of collection of
sutstaûding debts Êom the owners who have been located and invoiced.
3. You must not access or use this Information for pe¡sonal reasons. @xamples ofinappropriate
¡ccess or misuse of l¡formation include, but a¡e Dot limited to: making inquiries for personal use or
processing transactions on you¡ own records o¡ tåose of your füends or relatives; accessing
Information about another person, including locating their residence address, for any reason not ¡elated
to your work responsibilities or not authorized by the Municipalþ.)
4. You may disclose Information only to individuals who have beeo authorized to receive it
through appropriate procedures which have been authorized by MTO. (Examples of unauthorized
disclosures include but are not limited to: l¡oking up someone's add¡ess for a friend.)
5. You must take reasonable precautions to maintain the secrecy of any password you use to
access l¡formation electronically. Reasonable precautions include, but a¡e not limited to: not telling
others your password or knowingly altowing them to observe while you enter it at a terminal; and
Êequently changing your password (and ifyou suspect your password has been used by someone else,
changing it immediately and notifring the Municipality); and selecting random passwords that are not
easy for others to gu.ess.
6. You must take ¡easonable precautions to protect daø entry terminals and equipment from
unauthorized access. Reasonable precautions include, but are not limited to: not leaving your terminal
unattended while you are logged onto the system; exiting the database whích contains any Information
when you leave your workstation; securing your terminal with a locking device if one has been
provided; storing in a secure place any user documentation to programs tbrough which elecüonic
access to any Information may be gained; and reporting any suspicious circumstances or unauthorized
individuals you have observed in the work area to the Muoicipality.
I have re¡d ¡nd I underst¡nd the security policles stated above, and will comply with them ¡nd
any other ¡ecurity policies issued in the future by the Municipality, MTO. I understend that
failure to comply with these policles may result in disciplinary action by tbe Municipality end/or
civil or criminal prosecution in ¡ccordance with rpplicable statutes.
Signature ofEmployee
Witnessed By
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(1)
SCHEDULE ''C''
FEES AND PAYMENT SCIIEDULE
Payment of Amounts
The Municipalþ shall pay MTO the following amounts for accessing the Licensed
Information:
$8.25 of every allowance of$ll that the Municipality ¡eceives for each
notice of impending conviction that the Municipality issues where a
conviction is subsequently obtained under subsection 18.2(6) ofthe POA (the
allowance is authorized by subsections l2(l), (3), O. Reg. 949 made under
the POA);
subject to clause 1(2) of this Schedulq $8.25 of every allowance of $9.00
that the Municipality receives fo¡ each fine that it collects in connection with
a conviction under section 18.4 ofthe POA (deemed úot to dispute charge
due to failure to appear at the time and place appointed for the hearing) (the
allowance is authorized by subsection l2.l(1), O. Reg. 949 made under the
POA).
lVhere tbe Municipality ¡eceives an allowance of less than $9.00 as authorized by
subsection 12.1(l) ofO. Reg. 949, it shall not ¡emit the amount specified in clause
(b), but instead it shall remit to MTO any amount it receives in excess of $0.75, up to
the amount of $8.25.
Method and Timing of Payment
Subject to Clause 3 of this Schedule, the Municipality shall remit a payment by cheque which
shall be ¡eceived by MTO on or before tùe fiftee¡th day of each month fo¡ the amor¡nt
prescribed in clause I above. The paym.ent that is remitted to MTO shall be the amount owing
to MTO fiom the previous calenda¡ month and shall be accompanied by the corresponding
montbly report (in acco¡dance with section 9.1 ofthe Agreement).
Back Payment
Between July l, 1998 and the fi¡st day of the month in which this Agreement is executed if
the Municipality has accessed and used Licensed Inforrration for which payment remains due
and owing to MTO, the Municipality shall remit zuch pa¡rment by cheque to MTO within (30)
days after the date of execution of this Agreement. Such payment shall be accompanied by
monthly reports (in accordance with section 9.1 of the Agreement) containing the
corresponding data for any month for which payment is outstanding.
P¡yment Information
Any payments owing to MTO under this Agreement or the Schedules made hereunder shall be
made payable to the Minister of Finance/1\{TO, All payments and any reports that a¡e required
to b€ sent to MTO under this Agreement or the Schedules made thereunder shall be sent to:
Ministry of Transportation
Infomlation Management Services Oversight Office
Attention: Supewisor, Data Äccess Unit
2680 Keele St, Building "A"
Downsview ONTARIO M3M 3E6
(a)
(b)
(2)
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SCHEDULE IID''
1. Right of Audit.
AUDIT' INSPE.TI'N AND REvIEw
MTO shall each have the right, from time to time, to Audit such of the Municipality's operations as
relate to o¡ a¡e involved in the perforrrance of the Municipality's obligations unde¡ this Agreement,
including:
(a) the Municipality's security a¡rangemeûts (including the Security Statements and
Contractor Security Agreements), and the Municipality's books and ¡ecords; and
(b) any media of, or in tàe possession of, the Municipality that cotrtâin any Confidential
Information.
2. Timing ofAudits.
The Audits coDtemplated in this Schedule "D" may be conducted at aoy tirre during the
Municipality's normal business hours upon 24 hours' prior written notice (or, in the case of Audits
relating to possible Privacy Defaults, without prior notice).
3. AuthorizedMTORepresentatives.
MTO shall have tüe right to engage third party representatives to perform Audits contemplated in this
Schedule t'Dtt.
4. Privacy Compliance.
(a) Privacy-related Äudits. Without limitation to the generality of this Schedule rrD",
the Audit rights of MTO shall include the right to measure the Municipality's
compliance with: (A) the Privacy l¿ws; (B) the provisions of this Agreement
relating to the Municipality's compliance with the Privacy Laws; (C) the provisions
of Articles 4 to I incluslve: and (D) any other provisions of this Agreement that
relate to Pe¡sonal I¡formation or the Processing ofPersonal Information.
O) Privacy Compliance Meetings. In ad the Audits contemplated
in ¡ectlôn 4 (e), MTO may require the with MTO to ¡eview the
results ofsuch Audits as they relate to to in section 4 (a). Such
rreeting.
5. Performance Reviews.
(a) Audits Relating to Overall Perform¡nce. Without limitation to the generalþ of
this Schedule rl)rr, tbe Audit rights of MTO shall include the right to measu¡e the
Municipality's overall performance of its obligations under this Agreement.
o)
section 5 (a). Such meetings shall be held at such times and places as MTO (as the
case mây be) may mutually ag¡ee upon with the Municipality from time to time
acting reasonably.
6. Location and M¡nner of Audits.
Schedule rrD[ may be conducted on
operations that ¡elate to, or are invo
this Agreement or tåe exe¡cise of the
Agreement, including the location(s) of any of the following:
(a) the Security Statemeûts or Contracto¡ Security Agreements, or the Municipality's
books and records; or
(b) any media of, or in the possession of, the Municipality that contaì¡ any Confidential
Information.
Such Audits may be conducted in whole or iu part by remote elechonic means if the Municipality's
elecEonic systeûN have the functional capabitity of facilitating such remote Audits.
1. MunicipalityCo<peration.
The Municipality shall frrlly co-operate with MTO in facilitating lie conduct of any Audits
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contemplated in this Schedule "Drr, including providing such access, docunentation, information,
copies of documentation and information, and assistance as MTO may reasonably request for the
purpose ofsuch Audits.
8, Duration of Audit Rights,
The audit rights ofMTO shall continue in effect for a period of three (3) years after the expiration or
termination of the Agreement.
9. Correction ofDefeults.
rüithout limiting or resricting any other obligations of the Municipalþ, or rights or remedies of
MTO, under this Ag¡eement or at Law or in equity:
(a) the Municipality shalt at irc sole cost, co¡rect any b¡eaches by the Municipality of
this Agreenent (including any Privacy Defaults) identified through an Audit (and in
respect of which MTO has provided written notification to the Municipality). Such
conections shall be done as expeditiously as reasonably possible and in any event
within the applicable cure period (ifany) provided in section 1E.1 ofthe Agreement.
(b) the Municþality shall noti! MTO in writing upon such breaches having being
cor¡ected.
(c) After receiving such notification from the Municipality, MTO may conduct a follow
up Audit to confirrr that all such b¡eaches have been cor¡ected.
(d) Ifrequested by MTO i¡ the notification refe¡red to in section 9 (a):
(Ð the Municipality sball provide to MTO, within ten (10) tlays of receiving
the notification referred to in section 9 (a) (or lvithin fiyg (5) days of
receiving such notification, where zuch breaches constitute Privacy
Defaults), a ¡easonable w¡itten plan outlining the steps ùe Municípality will
take to ensure that such breacbes do not occur again; and
(ü) the Municipality sfi¿ll imFlement the plan provided under section 9 (d)(l).
10. Costs of Audil
(a) All costs incuned by the Municipality in comection with the Audits contemplated in
this Schedule rrl)rr shall remain solely the responsibility of the Muicipality.
O) Except as provided in section f0 (c), all costs incuned by MTO in connection with
the Audits contemplated itr this Schedule "I)" shall remain solely the responsibility
ofMTO.
(c) Despite section 10 @), ifany Audit contemplated in this Schedule "I)" discloses a
material default by the Municipality under this Agreemen! then the Municipality
shall reimbr¡¡se MTO fo¡ MTO's reasonable and ve¡ifiable costs of conducting zuch
Audit.
11. \ilithoutPrejudice.
For the avoidance of doubt, ¡othing in Schedule "I)" shall be deemed to limit or prejudice the rights
of MTO or the obligations of the Municipalþ under aay other provision of this A$eement or at law
or in equity.
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 285 of 297
Cheque No.
SCÍIE DULE ffErr: MONTHT.Y REPORT
Municipality Monthly Court Cost Peyment Report to Ministry of Transportation
Municipality
Reporting Period (yyyy/mm/dd)_______to (yyyy/mm/dd)
Customer (POA) A/C No.
Condltlons:
Signature of Treasurer or Chief Financial Oflicer Ministry of Transportation
P¡yment Crtegories No. of Fully Paid Tickets Municipality Service Fee l-otal Amount Remitted to
"Deemed Not to Dispute" (Article 4.1 (1) b of the
Authorlzed Requester Agreement)
(r)(2)(3)
"I¡il to Respond" (psyment received ¡fter
Notlce of Fine and Due D¡te but before plete
dental) (Article 4.1 (1) a ofthe Authorized
Reouestei Asreementl
(4)(5,,
Thls l¡ S.75 tlmes box (4)
(o,
Thls is $E25 tlmer box (4)
"¡'ril to Recpond" (p¡ymetrt received after plete
denial) (Ärttcle 4.1(1) a of tbe Authortued
Requester Agreement)
\7)(u,
Thl¡ ls $.75 times box (7)
(v,
This ls $8.25 tlmes box (7)
Totals (r0)(u)(121
2680 Keele Street
Downsview ONTARIO M3M 3E6
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SCHEDULE I'FII - AIJNUAL REPORT
Reportin g Period (yyyy/m rn/d d)_to (yyyy/mm/dd)
Name of municipality:
Customer A/C No: 11091
Ministry of Transportation
Information Management Sewices Oversight Ofüce
Attn: Supewiso¡ Data Access Unit
2680 Keele Stseet
Downsview ONIARIO M3M 3E6
I For the first aon_ ual report (1998/99), this represents number of tickets issued Êom July l, 1998 to March 3l,lgg9, Subsequent years are from April I till March 31.
z Data required for this row and below will be referring to all tickets issued ûom July t, tSSg onwards till the eod of th" t"portio! y"*.
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SCHEDULE''GN - NfINISIIPY REPORT
Annual Report from Mlnistry of Transportatlon to
Reporting Period (yyyy/nddd) to
N¡me of
Customer A./C 11091
(yyyy/mm/dd)
Month Tot¡l Amount Remitted to Ministry from
Municipallty Pu¡¡uant to
Number Of Pl¡te Enqulrier Requested By The Municipality
Cerdfred Uncertlfied
ApnI
M¿Y
June
July
August
September
October
NovemÞef
Decemher
January
!eÞrua¡y
Ma¡ch
Ye¡rly lotrls
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7
NON.DISCLOST]RE AGRDEMENT
PERMITTED RECIPIENT 1 109 1
For sufücient valuable comideration you acknowledge having received (and as a cotrdition of
receiving Confídential Information from the Municipality), you understand and agree as follows:
I. Under an agreement (the "Requester Agreement") with the Ontario Ministry of
Transportation CMTO), the Municipality is licensed to ¡eceive confidential and
personal information (the "Licensed Information") from files and databases
administered byMTO.
II. The Municipality and MTO a¡e committed to protecting all of this Licensed
Information and any information derived from the Licensed Information, (all of
which is together referred to as the "Confidential Information") from unauthorized
access, use or disclosr¡re,
Itr. The following policies, and any future policies issued by MTO a¡d the
Municipality and provided to you in writing (the "Policies") set out your
responsibilities for handling and p¡otecting this Co¡fidential Information. As a
pemritted recipient of the Confidential Information (a 'Perrritted Recipient") you are
bound by these Policies:
Ownership: You acknowledge and agree that the Conñdential lnformation is and
will at all times ¡emain solely the property of MTO,
Confidentiality and Use: You must hold all of the Confidential Information in strict
confidence. Without limiting tbe generality of this obligation, you must NOT
directly or indirectly do any oftbe following:
(a) disclosg make available, or provide or permit access to or use of, any
Confidential Infornation to ANY other party (including, but not limited to,
any third pa¡ty contractor) for any purpose. The ONLY exception is that
you may permit those of your employees who need to know that
Confidential Information for the Permitted Purpose(s) indicated above. This
exception only applies after you have fully informed those employees of,
and required those employees to fully comply with, the Policies, and have
obtained fiom each ofthe employees a signed Employee Security Statement
in the form appended to this Agreement as Schedule '4"). You will be firlly
liable to the Municipality and MTO for any failure of your employees to
firlly comply with the Policies. Future Policies will be co¡sidered to bave
been "issued" by MTO or the Munlcipality when you are notified in
writing of those Policies;
(b) make any full or partial copies (in any format or media) of any of the
Confidential Information (other than copies necessary to carry out tbe
Permitted Purpose(s)).
(c) r¡se any of the Confidential lnformation for any purpose other than the
Pernitted Purpose(s). To avoid any doubt, you must never access, use or
disclose any of the Confidential Information for any reasons that do not
meet both of the above requirements, such as for personal reasons (e.g.
looking up someone's address for a füend).
MTO Audit: You must accommodate audits by MTO in acco¡dance with the MTO
Audit Policy (a copy ofwhich is appended to this Agreement as Schedule "Bn, and
which you acknowledge having, read and understood), and fully co-operate witå and
assist MTO in carrying out such audits in accordance with such MTO Audit Policy.
l.
Permitted Recipient:("you" or "your")
llnsert Nme of Pmitted Ræipient]
Municipality Name:TIIE CORPORATION OF THE MIJMCIPALITY (the
OF BAYIIAM "Municipality")
Permitted Purpose(s):Supply and/or support of softwa¡e and/or ha¡dware
and/or programming related to the Municipality's
Municipal Parking Tag Program and the daø
¡eceived by the municipality from the Ministry of
Transportation in ¡elation to the municipality's
Municipal Parking Tag Program
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 289 of 297
7.
Access and Use Only From Premises Approved by Municipality: You may only
access and use the Confidential Information from premises approved by the
Municipality. You must never copy or remove any Confidential Infomlation ûom
such premises.
Data Matchlng or Profiling: Subject to the Permitted Purposes referred to above,
you must not:
(a) develop or derive for any purpose whatsoever, aoy other product, work or
database, in hr¡man-readable or machine-¡eadable form or otherwise, that
incorporates, modiûes, or uses in a¡ry ¡na¡ûer whatsoever, any personal
i¡formation contained in or obt¿ined ûom the Coofidential Infomntion.
(This does not, however, apply to any specific personal infomration that
you had in your possession prior to receiving the Confidential Information);
or
O) place any data which was not obtained directly or indirectly from the
Municipality, into a dat¿base containing personal information obtained
directly or indirectly from the Municipality.
No Contacting Indiúduals: You must not use the Confidential Infomration directly
or indirectly to locate or contact any individual to whom the Confidential
Information is directþ or indirectly referable
(a) To avoid any doubt, asthing in this Policy 9 will limit ot release you from
any ofyour other obligations r¡nder this Agreement, which obligations will
remain in fi¡ll force and effect.
Comply with Law: You must at all times remain in full compliance with all
applicable laws relating to aûy access, use o¡ disclosure of any personal information
contained in the Confidential Information. You must also comply with any written
instn¡ctions or di¡ections from MTO fiom time to time conceming such persoual
informatiou (to the extent that the Municipâlity notifies you of such instn¡ctions or
directions).
Secrecy of P¡sswords: You must take reasonable precautions to maintain the
secrecy of any password you use to access Confidential lnformation elecrooically.
Reasonable precautions include, but are not limiæd to: not telling others your
password or knowingly allowing them to observe while it is eDtered at a ærminal;
ûequentþ changing your password (and, ifyou suspect your passwo¡d has been used
by someone else, changing it immediaæly); and selecting random passwords that are
not easy for ot[ers to guess.
Access to Terminals: You must take reæonable precautions to protect data entry
terminals and equipment from unauthorized access. Reasonable precautions include,
but a¡e not limited to: not leaving your terminal unattended while logged onto the
system; exiting the database which contains any Confidential Infomtation when
leaving the workstation; securing your terni¡al with a locking device if one has been
provided; and storing in a secure place any user documentation to programs through
which electonic access to any Confidential Information may be gained.
All of your obligations in this Agreement will sr¡rvive the expþ or any termination
of your relationship with the Municipality, and will cootinue in fi¡ll fo¡ce and effect
subsequently until they are satisfied or by their nature expire.
If any provision of this Agteement is illegal, invalid or unenforceable, it will be
severed No waive¡ of any provision of this Agreement by the Municipalþ will
constitute a waiver of any other provisions (whether e¡ ¡q1 similar) or a continuing
waiver. This Agreement will be govemed by Ontario law and the laws of Canada
applicable in Ontario. You and the Municipality agree to attom to the non-exclusive
jurisdiction of the cou¡ts of Onta¡io for the resolution of any disputes arising out of,
or in connection with, this Agreement. This Agreement rDay not be assigned by you,
but otherwise will be binding upon and enure to the benefit of you and the
Municipality and the respective heirs, executors, administrators, successors and
permitted assigns of you and the Municipality.
MTO Right to Enforce this Agreement: You and the Municipality acknowledge
and agree that:
(a) While MTO is uot a party to this Agreement and has no obligations under
this Agreemenq MTO $,ill have the right to directþ enforce your
obligations in clause III above as if MTO we¡e a party to this Agreement;
(b) In fr¡rtherance of clause (a) above, the Municipalþ will be a tustee of
MTO (and MTO's successors and assims) for the limited purpose of
9.
rv.
v
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 290 of 297
holding your obligations in clause III above in tust for MTO (and MTO's
successoß and assig¡s). (And to the extent that clause III incorporates any
defined terms, the definitions of such terms as provided in this Agreement
will be considered to be iocorporated into clause trI for the purposes ofthis
clause VI);
To avoid any doubt, this means that in addition to the Municipality
enforcing your obligations r¡nder this Agreement (in the Municipality's
capacity as a parf/ to this Agreement), MTO (and MTO's successors and
assigns) may also enforce your obligations in clause Itr above i¡ MTO's
own right (and MTO will not be required to add the Municipality as a party
to any procee¡lings for such enforcement); ald
The tust created in favou¡ of MTO (and its successors and assipns), as
contemplated above, being coupled with an interest, may not b€ revised or
revoked without the prior written consent of MTO (or such successors and
assigns, as the cæe may be).
You ¡chowledge that you have re¡d and understand the provisions of this
Agreement (tncluding but not llmited to, the Policies set out or referred to
above), and will comply with them ¡nd with any other Policies issued in the
future by MTO or the Municþality. You underst¡nd th¡t f¡ilure to comply
with tbe Policles or any such other Policie¡ or changes will be r b¡e¡ch of this
Agreement end (anong other things) may result ln civil or crimlnal prosecution
ln ¡ccord¡nce with applicable statutes.
Insef Name of Pemritted Recipient
Authorized Sígnature of Permitted Recipient Date:
Inse¡t Name of Mmicipalþ
Authorized Signature of Municipality Date:
(c)
(d)
vIL
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 291 of 297
SCHEDULE "A'" of
NON-DISCLOSI'RE AGREEMENT
PERMITTED NECIPIENT
EMPLOYEE SECURITY STATEMENT
(Permitted Recipient)
Permitted Recipient
Name:
Employee Name:
Division:
Position #:
TI{E COR}ORATION OF THE MUMCIPALITY OF BAYHAM (the "Municipality") is licensed to
¡eceive confidential and personal inforrration (the "Information") frorr files and databases
administered by the Ontario Minisry of Transportation ("MTO"). Under an agreement with the
Municipality, (the "Permitted Reclpient") has been
authorized to access the Information. The Municipalþ and MTO a¡e committed to ptotecting this
Information from unauthorized access, use o¡ disclosure. The following policies have been adopted to
address employees' responsibilities for handling and protecting this Information.
municipality's Municipal Parking Tag Program.
2. You nust not access or use this I¡formation for personal reasons. (Examples of
are not limiæd to; ¡laking inquiries
records or those of your Êiends or
including locating their residence
add¡ess, for any r€ason not related to your work responsibilities or not authorized by the
Permitted Recipient.)
3. You may disclose Info¡mation only to individuals who have been authorized to
receive it tbrough appropriate procedu¡es which have been authorized by MTO. @xanples of
unauthorized disclosu¡es include but are not limited to: looki¡g up someone's address for a
Êiend-)
4. You must take reasonable precautions to maintain the secrecy ofany password you
use to access lnformation electonically. Reasonable precautions include, but are not limited
to: not telling others your password or knowingly allowing them to obsewe while you enter it
at a terrrinal; and frequentþ changing your password (and ifyou suspect your password has
been used by someone else, cbanging it immediately and notifring the Permitted Recipient);
and selecting random passwords that are Dot easy for otlers to guess.
5. You must take reasonable precautions to protect data entry temrinals and equipment
from unauthorized access. Reasonable precautions include, but a¡e not limited to: not leaving
your termi¡al unattended while you are logged onto the system; exiting the database which
contains any laformation when you leave yow workstation; securing your terrrinal with a
locking device if one has been provided; storing in a secrue place any user documentation to
programs throug! which elecEonic access to any Infomration may be gained; and repofing
any suspicious circumstances or unauthorized individuals you have observed in the work a¡ea
to the Pemitted Recipient.
I have read and I understand the securÍty policies stated above, and will comply with them and
any other security policies (or ch¡nges to policies) issued in the future by the Permitted
Recipien! Municipality or MTO. I underst¡nd that f¡ilure to comply with these policies (or any
srrch other policies or changes to policies) may result in disciplinary action by the Permitted
Recipient and/or civil or criminal prosecution in ¡ccordance with applicable statutes.
Sipature of Employee Date
WihessedBy Date
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 292 of 297
SCHEDULETTBTTof
NON-DISCLOSURE AGREEMENT
PERMITTED RECIPIENT
MTO AUDIT POLICY 11091
@ermitted Recipient)
Permitted Recipient:("you" or "your")
flmertNme of Pmitted Recip¡mt]
Municipality Name:THE CORPORATION OF TIIE MUNICIPALITY (the
OF BAYIIAM "Municipatity")
This is the MTO Audit Policy referred to in the Pe¡mitted Recipient Non-disclosu¡e Agreement that
you siped with the Municipality (the "Permitted Recipient Non-disclosure Agreement").
Çapitalized tems that a¡e used in this MTO Audit Policy, but not defined in this MTO Audit Policy,
have the meanings given to them in the Permitted Recipient Non-disclosure Agreement. In this MTô
Audit Polic¡ the following defined terns have the following meanings:
rrAudittr and simila¡ expressions mea¡s the performance b¡ on behalf of or for MTO of such
audits, reviews, investigations, inspections, confirmations, certifications, tests, studies and
determinations of or relating to any matter or thing pertaining to what is contemplated in clause (i)
or (ii) ofsection I below.
'rBusiness I)ayrr means a day other than a Saturda¡ Sunday or a statutory, civic or public service
holiday obsewed in the P¡ovince ofOnta¡io.
ttinclude", rrincludest' or t'includingtt mean 'include without limitationn, "includes without
limitation" and "including without limitation", respectivel¡ and the words following "include",
'i¡cludes', o¡ n¡çl¡ding" will not be conside¡ed to set out an exhaustive list.
"Privacy I)efaultrr means a b¡each of (i) any Privacy Laws, or (ii) any ofthe provisions ofthe
Pemitted Recipient Nondisclosure Agreement.
I'Privacy Lawsrr means lhe Freedom ollnþrmatíon and Protection of Privacy Act (Ontario), and
the provisions of any other law ¡o¡x t¡me that are applicable to you and that address the collection,
use or disclosure ofpe¡sonal info¡mation.
L Right of AudiL
MTO will have the righq Êom time to time, to Audit such of your businesses and operations as relate
to, or are involved in, the your possession or conûol ofConfidential Information.
Subject to the provisions of this MTO Audit Policy and applicable law (including the Privacy Laws
and the provisions of any other law ûom :me that are applicable to MTO and that address thecolle any disclosures thatmaY its employees fromtime to in iection 3 to)hord e available to MTó
(or such third party representatives) in connection with an Audit carried out unde¡ this MTO Audit
Policy.
2. f¡mi¡g 6f tr¡ditu.
The Audits contemplated i¡ section I may be conducted at any time during your nonnal business
!o95s _upon^ 24 hours' prior written notice (or, in the case of Audits ¡elating to possible Privacy
Defaults, without prior notice).
3. AuthorizedMTORepresentatives.
MTO \{'ill have the right to engage third party representatives to perfo¡m Audits contemplated in
section l.
4. Privacy Compliance.
(a) the generality of section 1, MTO will
emplated in section 1, to measure your
or @) the provisions of the Permitted
Recipient Non-disclosure Agreement.
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 293 of 297
(b) Privacy Compliance Meetings. In addition to performing the Audits contemplated
under section 1.4(a), MTO may require you to meet with MTO to review the results
ofsuch Audits as they relate to the matte¡s referred to in section 4(a). Such meetings
will be held at such times and places as MTO may mutually agree upon with you
from tine to time acting reasonably. However, if as a result of any such Audit MTO
has reason to believe that you have committed a Privacy Default, MTO may require
such rreeting to be held within one (l) Business Day of MTO totifyitlg you in
writing that MTO wishes to hold zuch meeting.
5. Performance Reviews.
(c) Audits Relating to Over¡ll Performance. Without limiting the generality of
section 1, MTO will have the right to conduct the Audits contemplated in section 1,
to measure your overall performance of your obligations r¡trder the Permitted
Recipient Non-disclosure Ägreement.
(d) Meetings to Review Over¡ll Perform¡nce. In addition to performing the Audits
contemplated under section 5(a), MTO may require you to meet with MTO to
review the results of such Audits as they relate to the matters referred to in section
5(a). Such meetings will be held at zuch times and places as MTO may mutually
agree upon with you from time to time acting reasonably.
6. Loc¡tion ¡nd Manner of Audits.
The Audits contemplated in section I may be conducted on-site at the location(s) of: (i) any ofyour
businesses or operations that ¡elate to or a¡e involved in the perfomrance of your obligations to the
Municipality, or (ü) any media in your possession or control that contains Confidential Info¡mation.
Such Audits may be conducted in whole or in part by remote electronic mea¡s if your computer
systems have the functional capability of fac¡litating such remote Audits.
7. Co+peration.
You must fr.rlly ccoperate with MTO in facilitating the conduct of any Audits contemplated i¡ section
l, including providing such access, documentation, information, copies of documentation and
information, and assistance as MTO may reaso"ably request for the purpose of such Audits.
8. Dur¡tion of Audit Rights.
MTO's Audit rights as contemplated in section 1 will be in fo¡ce fiom the d¿te you receive a copy of
this MTO Audit Policy to the date which is tbree years after you cease to be a Permitted Recipient.
9. CorrectionofDefeults.
Without limiting or restricting any other obligations you may have, or rights or ¡emedies MTO may
have, under this MTO Audit Policy or at law or in equity:
(a) You will, at your sole cost, corect aoy Privacy Defaults (including any
breaches of the Pemritted Recþient Nondisclosu¡e Agreement) identified
tbrough an Audit (and in reqpect of which MTO provides writúen
notification to yoÐ, and will do so as expeditiously as reasonably possible
and in any event u/ithin four (24) hours of¡eceivi"g notice of such Privacy
DefaultftomMTO.
O) You will noti$ MTO in writing upon such breaches having being conected.
(c) After receiving such notification from yoq MTO may conduct a follow up
Audit to confi¡m that all such b¡eaches have been corrected
(d) ffrequested by MTO in the notification ¡efer¡ed to in section 9(a):
(Ð you will provide to MTO, within five (5) days of receiving the
notification refer¡ed to in section 9(a), a reasonable written plan
or¡llining the steps you will take to ensure that such Privacy
Defaults do not occur again; and
(iÐ you will implement the plau provided under section 9(d)(i).
10. Costs of Audit.
(a) All costs incuned by you in connection with the Audits conæmplated in
section I will remain solely your responsibility.
O) Except as provided in section 10(c), all costs incu¡ed by MTO in
connection with the Audits conæmplated in section 1 will remain solely the
responsibility of MTO.
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 294 of 297
Despite section 1,10(b):
(Ð if any Audit conterrplated in section 1 discloses a material
uncured default by you unde¡ the Pemitted Recipient
Non-disclosu¡e Agreemen! then you must ¡eimburse MTO fo¡
MTO's reasonable and verifiable costs of conducting such Audit
(ü) ifany Confidential Information is in your possession or control at
a location outside of Ont¿¡io, then you must reimbu¡se MTO for
MTO's reasonable and verifiable costs of conducting Audits (as
contemplated in section 1) at such location(s) outside of Onta¡io.
However, MTO shall only have the rigbt to obtain reimbr¡¡sement
unde¡ this secdon 10(c)(ü) in respect of one such Audit in each
calendar year. (Note: to avoid any doub! ¡qthing in this section
10(c)(ü) will be considered to in any way reduce or waive your
obligations under section 4 of tüe Permitted Recipient
Non-disclosu¡e Agreement.)
ll. $rithoutPrejudice.
To avoid any doubt, nothing in this MTO Audit Policy will be deemed to limit or prejudice MTO's
rights or your obligations unde¡ the Permitted Recipient Non-disclosu¡e Agreement or at law or i¡
equity.
G)
By-Law 2011-064 A By-Law to authorize the execution of an
agreement (MTO)
Page 295 of 297
Page 296 of 297
THE CORPORATION OF THE
MT]NICIPALITY OF BAYHAM
BY-LA\il NO. 2011-06s
A BY-LA\M TO CONFIRM ALL ACTIONS OF
TIIE COT]NCIL OF THE CORPORATION OF
TIIE MT]NICIPALITY OF BAYIIAM FOR TIIE
REGULAR MEETING IIELD JULY 7,2OII
WIIEREAS under Section 5 (l) of the MunicipalAct,2001 S.O. 2001, Chapter 25,the powers
of a municþal corporation are to be exercised by the Council of the municþality;
AND WIIEREAS under Section 5 (3) of the Municþal Act, 2001, the powers of Council are to
be exercised bybyJaw;
AND \ilIIEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meetingbe confirmed and adopted byby-law.
THEREFORE TIIE COT]NCIL OF THE CORPORATION OF THE MT]NICIPALITY
OF BAYHAM ENACTS ÄS FOLLOWS:
1. TIIAT the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the regular meeting held July 7 ,2071 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this byJaw.
2. TIIAT the Mayor and Clerk of the Corporation of the Municþality of Bayham are
hereby authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME and finally passed this Tthday of Jul¡
201L.
MAYOR CLERK
By-Law 2011-065 A By-Law to confirm all actions of Council Page 297 of 297