HomeMy WebLinkAboutDecember 21, 2017 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, December 21, 2017
7:00 p.m.
7:30 p.m. – Public Meetings –Planning/Zoning
Applicant A –Southwick
Applicant B – 0830513 BC Ltd.
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
5. DELEGATIONS / PRESENTATION
A. Paul Shipway, CAO | Clerk, Municipality of Bayham re 2016 Municipality of Bayham Asset
Management Plan
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held December 7, 2017
7. MOTIONS AND NOTICE OF MOTION
8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
8.1 Correspondence
8.1.1 Receive for Information
8.1.2 Requiring Action
8.2 Reports to Council
9. PHYSICAL SERVICES – EMERGENCY SERVICES
9.1 Correspondence
9.1.1 Receive for Information
9.1.2 Requiring Action
9.2 Reports to Council
A. Report BL-03/17 by Randy White, Fire Chief | By-Law Enforcement Officer re Proposed
Burning By-law
2017 Council Agenda December 21, 2017
10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Notice of Public Meeting re 5149 Clark Road
B. Notice of Public Meeting re 57401 Heritage Line
C. Committee of Adjustment Decision re 44 Oak Street
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-72/17 by Bill Knifton, Chief Building Official | Drainage Superintendent re
Petition for Drainage from Mr. Chad Underhill
B. Report DS-73/17 by Margaret Underhill, Deputy Clerk | Planning Coordinator re Consent
Application E12/17 Csinos Farms Limited - Condition Re: Land Conveyance
C. Report DS-74/17 by Margaret Underhill, Deputy Clerk | Planning Coordinator re Site Plan
Agreement Max Underhill Farm Supply – Request Second Extension
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Report to County Council re Elgincentives 2017 Year End Review
B. Long Point Region Conservation Authority Board of Directors Minutes of meetings held
November 1, 2017 and November 16, 2017
11.1.2 Requiring Action
A. Caron and Jim Wiedrick re Discharging of Firearms
11.2 Reports to Council
A. Report CAO-80/17 by Paul Shipway, CAO | Clerk re Lifesaving Society – Blue Flag Beach
Audit
B. Report CAO-81/17 by Paul Shipway, CAO |Clerk re Capital Item PW-5 Springer Hill Rd.
C. Report CAO-82/17 by Paul Shipway, CAO | Clerk re Council Code of Conduct
D. Report CAO-83/17 by Paul Shipway, CAO | Clerk re Procedural By-Law (Procedural By-
Law No. 2018-005 will be presented to Council for consideration at the regular meeting
scheduled for January 4, 2018)
E. Report CAO-84/17 by Paul Shipway, CAO | Clerk re Advisory Board & Committee Policy
2017 Council Agenda December 21, 2017
F. Report CAO-85/17 by Paul Shipway, CAO | Clerk re Municipality of Bayham Personnel
Policy Manual
G. Report CAO-86/17 by Paul Shipway, CAO | Clerk re Doors Open East Elgin
12. BY-LAWS
A. By-Law 2017-120 Being a By-law to authorize the execution of an agreement between
The Municipality of Bayham and Johnston Bros. (Bothwell) Ltd. (This Bylaw follows the
recommendation made in Report CAO-76/17 during the regular meeting of December 7,
2017)
B. By-Law 2017-121 Being a By-law to Regulate Fires in The Municipality of Bayham (This
by-law follows the recommendation made in Report BL-03/17 by Randy White Fire Chief |
By-Law Enforcement Officer during the regular meeting of December 21, 2017)
C. By-Law 2017-122 Being a By-law to Authorize the Execution of an Agreement between
The Municipality of Bayham and Gary D. Robinson Contracting Ltd. (This by-law follows the
recommendation made in Report CAO-81/17 by Paul Shipway, CAO| Clerk during the
regular meeting of December 21, 2017)
D. By-Law 2017-123 Being a By-law to Adopt a Code of Conduct Policy for Council and
Local Boards to Promote Accountability and Transparency in Municipal Governance (This
by-law follows the recommendation made in Report CAO-82/17 by Paul Shipway, CAO |
Clerk during the regular meeting of December 21, 2017)
E. By-Law 2017-124 Being a By-law to Appoint Independent Resolutions Incorporated as
the Integrity Commissioner & Closed Meeting Investigator for The Municipality of Bayham
Pursuant to Sections 8, 9, 10, 11, 223.3 & 239.2 of The Municipal Act, 2001, S.O. 2001,
C.25 as amended (This by-law follows the recommendation made in Report CAO-82/17 by
Paul Shipway, CAO | Clerk during the regular meeting of December 21, 2017)
F. By-Law 2017-125 Being a By-law for the Use, Protection and Regulation of Public Parks
and Recreation Areas in the Municipality of Bayham (This by-law follows the
recommendation made in Report CAO-78/17 by Paul Shipway, CAO | Clerk during the
regular meeting of December 7, 2017)
G. By-Law 2017-126 Being a By-law to Establish an Advisory Board and Committee Policy
(This by-law follows the recommendation made in Report CAO-84/17 by Paul Shipway,
CAO | Clerk during the regular meeting of December 21, 2017)
H. By-Law 2017-127 Being a by-law to Adopt a Personnel Policy Manual (This by-law
follows the recommendation made in Report CAO-85/17 by Paul Shipway, CAO | Clerk
during the regular meeting of December 21, 2017)
13. UNFINISHED BUSINESS
A. Long Point Region Conservation Authority 2018 Draft Budget re Backus Heritage and
Education Services
2017 Council Agenda December 21, 2017
14. OTHER BUSINESS
14.1 In Camera
14.2 Out of Camera
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law 2017-129 Being a By-law to confirm all actions of Council
16. ADJOURNMENT
PSD
MUNICIPALITY OF BAYHAM
ASSET MANAGEMENT PLAN
7 Key Questions of Asset Management
What do you own and where is it? (inventory)
What is it worth? (valuation / replacement cost)
What is its condition / remaining service life? (function & performance)
What needs to be done? (maintain, rehabilitate, replace)
When do you need to do it? (useful life analysis)
How much will it cost? (investment requirements)
How do you ensure sustainability? (long-term financial plan)
The report is be based on the seven key questions of asset management as outlined within the
National Guide for Sustainable Municipal Infrastructure.
Asset Management Discipline
It involves:
Processes, procedures and practices to assist and define the management
of infrastructure
Achieving total lowest cost of ownership
Established measures for performance, risk and cost
Asset Management Discipline
It includes:
A sophisticated and coordinated effort
A multi -disciplined team
Ultimately public engagement and input
The Asset Management Plan for
the Municipality of Bayham 2016
Municipality of Bayham -2016 Asset Replacement Value
Total Valuation: $104.6 Million Page 19
Historical Infrastructure InvestmentHistorical Infrastructure Investment Page 22
Using 2016 replacement costs, Figure above illustrates the historical investments made in the asset classes analyzed in this
AMP since 1950. Often, investment in critical infrastructure parallels population growth or other significant shifts in
demographics; they can also fluctuate with provincial and federal stimulus programs. Note that this graph only includes the
active asset inventory as of December 31, 2016.
State of the Infrastructure Report
A New Way of looking at the same Infrastructure
Road Network Page 30
Road Network Pages 31
Road Network Historical Investment
Investments in the municipality’s road network have grown since 1960 with a large increase in the 1970s. In the early 2000s, the period of largest investment, $5 million was invested with over $2 million put into road bases.
Pages 32
Road Network Condition Page 34
Based on assessed condition data, 10% of assets are in good to very good condition while 69% are in poor to very poor condition with a valuation of $22 million.
Road Network Forecasted Needs Page 35
In addition to a backlog of $11.2 million, replacement needs are forecasted to be $1.1 million in the next five years; an additional $1.5 million is forecasted in replacement needs between 2022-2026. The municipality’s annual requirements (indicated by the black line) for its road network total $1 million. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is currently allocating $630,000, leaving an annual deficit of $370,000.
Bridges & Culverts Network Pages 37-38
Bridges & Culverts Network Historical Investment Page 39
The municipality has invested sporadically in its bridges and culverts since 1950. In the early 2000s, the period of largest investment, $1.3 million was invested with $1.25 million put into bridges.
Bridges and Culverts Condition Page 41
Age-based data indicates that while 40% of the municipality’s bridges & culverts are in good to very good condition, 60%, with a valuation of $2 million, are in poor to very poor condition.
Bridges & Culverts Network Forecasted Needs Page 42
In addition to a backlog of $1.5 million, replacement needs will total zero in the next five years, however $535,000 will be required between 2022 and 2026. The municipality’s annual requirements (indicated by the black line) for its bridges & culverts total $86,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. The municipality is currently allocating zero funds, leaving an annual deficit of $86,000.
Water System Page 43
Water System Valuation Page 44
Water System Historical Investment Page 46
Investments in the water system have been sporadic since the 1950s. In the 1970s, the period of largest investment, $7 million was invested in the water systems with the whole amount put into watermains.
Water System Condition Page 48
Based on assessed data, 27% of assets are in good to very good condition while 73%, with a valuation of $7 million, are in fair condition.
Water System Forecasting Needs Page 49
Assessed condition data shows no backlog and no replacement needs for the next 15 years. The municipality’s annual requirements (indicated by the black line) for its water system total $136,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is currently allocating $173,000 toward the water network leaving an annual surplus of $37,000.
Wastewater Systems Page 51
Wastewater Systems Page 52
Historical Investment Wastewater Systems Page 52
Major investments into the municipality’s wastewater assets began in the late 1980s. Investments then fluctuated and peaked in the early 2000s at $22 million. During this time $15.8 million was put into sanitary sewer mains.
Condition Wastewater Systems Page 55
Assessed data indicates that 69%of the assets are in good to good toverygoodcondition,while 11%,with a valuation of $3 million,areinpoortoverypoorcondition.
Forecasting Needs Wastewater Systems Page 57
In addition to a backlog of $456,000, replacement needs are forecasted to be $444,000 in the next five years, and an additional $1.2 million will be required from 2022 to 2026. The municipality’s annual requirements (indicated by the black line) for its wastewater assets total $420,000. At this level, funding would be sustainable and replacement needs could be met as they arise without the need for deferring projects. The municipality is currently allocating $423,000 towards the Sanitary Sewer Network creating an annual surplus of $3000.
Storm Network Page 59
Historical Investment Storm Network Page 61
The storm water network was installed before 1985 with the largest investment taking place in the early 1970s with a valuation of $14 million with a focus on storm mains.
Condition Storm Network Page 63
Based on assessed data, all the storm network assets are in very poor condition.
Forecasting Needs Storm Network Page 64
Assessed data shows a backlog of $14 million and ten-year replacement needs of $5 million. The municipality’s annual requirements (indicated by the black line) for storm assets total $475,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. The municipality is currently allocating $75,000 towards the storm network leaving an annual deficit of $400,000.
Buildings and Facilities Page 66
Historical Investment Buildings and Facilities Page 68
The municipality’s investments into its building assets has fluctuated starting in 1980. In 2016, the period of largest investment, $2.2 million was invested into the building assets with a focus on interiors.
Buildings and Facilities Condition Page 70
63% of buildings assets, with a valuation of $3.7 million, are in good to very good condition; 17% are in poor to very poor condition.
Building and Facilities Forecasting Needs Page 71
Condition data indicates a backlog of $865,000 and minimal ten-year replacement needs of $153,000. The municipality’s annual requirements (indicated by the black line) for its buildings total $173,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruingannual infrastructure deficits. The municipality is currently allocating $200,000, leaving an annual surplus of $27,000.
Machinery and Equipment Page 73
Machinery and Equipment Historical Investment Page 75
The municipality rapidly expanded its machinery & equipment portfolio beginning in the early 2000s. Between 2005 and 2016, the period of largest investment, $942,000 was invested in the machinery and equipment category.
Machinery and Equipment Condition Page 77
Based on assessed data, 12% of assets, with a valuation of $138,000, are in poor to very poor condition; 59% are in good to very good condition.
Machinery and Equipment Forecasting Needs Page 78
In addition to a backlog of $82,000, the municipality’s replacement needs total $137,000 in the next five years. An additional $536,000 will be required between 2022-2026. The municipality’s annual requirements (indicated by the black line) for its machinery & equipment total $82,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is currently allocating $10,000, leaving an annual deficit of $72,000.
Land Improvements Page 78
Land Improvements Page 78
Land Improvements Historical Investment Page 78
Expenditures in land improvements have fluctuated across the decades. Between 2005 and 2014, the period of largest investment, $1 million was invested with a focus on piers and playground equipment.
Land Improvements Condition Page 85
Based on assessed data, 71% of the municipality’s land improvement assets, with a valuation of $994,000, are in good to very good condition; 20% are in poor to very poor condition.
Land Improvements Forecasting Needs Page 86
Based on assessed data there is a backlog $238,000 and the municipality’s replacement needs total $45,000 in the next five years.Additionally, replacement needs will total $120,000 between 2022-2026. The municipality’s annual requirements (indicated by the black line) for its land improvements total $55,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is currently allocating $10,000, leaving an annual deficit of $45,000.
Vehicles Page 89
Vehicles Historical Investment Page 91
Investments in vehicles began in the early 2000s. In 2005-2009, the period of largest investment, $2.7 million was invested with $1.7 million put into fire trucks
Vehicles Condition Page 93
Condition data shows that 8% of the municipality’s vehicle assets are in poor to very poor condition; 81%, with a valuation of $4.4 million are in good to very good condition.
Vehicles Forecasting Needs Page 94
In addition to a backlog of $350,000, replacement needs will total over $140,000 over the next five years; an additional $1.7million will be required between 2022-2026. The municipality’s annual requirements (indicated by the black line) for its vehicles total $379,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However,the municipality is not allocating any funds to this category, leaving an annual deficit of $379,000
The Impact of Condition Assessments
36
32
40
59
62
69
Bridges (Structure)
Culverts (Structure)
Paved Roads
Assessed Age-Based
In 2015, PSD published a study in partnership with the Association of Municipalities of Ontario (AMO). The report,
The State of Ontario’s Roads and Bridges: An Analysis of 93
Municipalities, enumerated the infrastructure deficits, annual investment gaps, and the physical state of roads, bridges and culverts with a 2013 replacement value of $28 billion. A critical finding of the report was the dramatic difference in the condition profile of the assets when comparing age-based estimates and actual field inspection observations. For each asset group, field data based condition ratings were significantly higher than age-based condition ratings, with paved roads, culverts, and bridges showing an increase in score (0-100) of +29, +30, and +23 points respectively. In other words, age-based measurements maybe underestimating the condition of assets by as much as 30%.
Tax Funded Assets Financial Recommendations
Current Funding Position
Recommendations for full funding
Financial Recommendations Rate Funded Assets
Current Funding Position
Recommendations for full funding
2016 Infrastructure Report Card Page 141
Financial Capacity Scale Page 143
Key Recommendations Moving Forward Page 131
Tax Funded Assets
Considering all of the above information, we recommend the 20 year option that includes capturing the changes. This involves full funding being achieved over 20 years by:
−Increasing tax revenues by 1.5% each year for the next 20 years solely for the purpose of phasing in full funding to the asset categories covered in this section of the AMP.
−Allocating the current gas tax and OCIF revenue as outlined in Table 36.
−Allocating the scheduled OCIF grant increases to the infrastructure deficit as they occur.
−Reallocating appropriate revenue from categories in a surplus position to those in a deficit position.
−Increasing existing and future infrastructure budgets by the applicable inflation index on an annual basis in addition to the deficit phase-in.
Key Recommendations Moving Forward Page 136
Rate Funded Assets
Considering all of the above information we recommend the following:
−Rate changes for capital purposes for both sanitary service and water services be postponed until the work on the three factors above are completed.
−If the work required for the above factors is delayed, and inflation increases are greater than the reduction available, implementing net increases to existing and future infrastructure budgets by the applicable inflation index on an annual basis.
•Better alignment between finance and engineering (PW)
•The robust AMP and process will be a catalyst of conversation, generating ideas, changing philosophies, and starting innovations for better management practices.
•A review of management practices & policies to better align with sustainable goals.
Benefits Realized From Good Asset Management Practices
Questions
SUBMITTED BY THE PUBLIC SECTOR DIGEST INC. (PSD)
WWW.PUBLICSECTORDIGEST.COM
DECEMBER 2017
The 2016 Asset Management Plan for the
Municipality of Bayham
w w w . pu b l ics e ct o rd ig e st .c o m
AMP2016
w w w . p u b l i c s e c t o r d i g e s t . c o m
bayham_amp2_d2_1205
Contents
Executive Summary ................................................................................................................................................................ 5
I. Introduction & Context................................................................................................................................................ 8
II. Asset Management ........................................................................................................................................................ 9
1. Overarching Principles ............................................................................................................................................................... 10
III. AMP Objectives and Content ................................................................................................................................... 11
IV. Data and Methodology ............................................................................................................................................... 12
1. Condition Data ................................................................................................................................................................................ 12
2. Financial Data ................................................................................................................................................................................. 13
3. Infrastructure Report Card ....................................................................................................................................................... 14
4. Limitations and Assumptions .................................................................................................................................................. 15
5. Process ............................................................................................................................................................................................... 16
6. Data Confidence Rating .............................................................................................................................................................. 17
V. Summary Statistics...................................................................................................................................................... 18
1. Asset Valuation............................................................................................................................................................................... 19
2. Source of Condition Data by Asset Class ............................................................................................................................. 21
3. Historical Investment in Infrastructure – All Asset Classes ....................................................................................... 22
4. Useful Life Consumption – All Asset Classes ..................................................................................................................... 23
5. Overall Condition – All Asset Classes ................................................................................................................................... 24
6. Financial Profile ............................................................................................................................................................................. 25
7. Replacement Profile – All Asset Classes .............................................................................................................................. 26
8. Data Confidence ............................................................................................................................................................................. 28
VI. State of Local Infrastructure ................................................................................................................................... 29
1. Road Network ................................................................................................................................................................................. 30
2. Bridges & Culverts ........................................................................................................................................................................ 37
3. Water System .................................................................................................................................................................................. 44
4. Wastewater Systems ................................................................................................................................................................... 51
5. Storm Network ............................................................................................................................................................................... 59
6. Buildings & Facilities ................................................................................................................................................................... 66
7. Machinery & Equipment ............................................................................................................................................................ 73
8. Land Improvements ..................................................................................................................................................................... 81
9. Vehicles .............................................................................................................................................................................................. 89
VII. Levels of Service ............................................................................................................................................................. 96
1. Guiding Principles for Developing LOS ............................................................................................................................... 96
2. Key Performance Indicators and Targets ........................................................................................................................... 97
3. Future Performance .................................................................................................................................................................. 101
4. Monitoring, Updating and Actions ...................................................................................................................................... 102
VIII. Asset Management Strategies .............................................................................................................................. 103
1. Non-Infrastructure Solutions & Requirements ............................................................................................................ 104
2. Condition Assessment Programs ........................................................................................................................................ 104
3. Lifecycle Analysis Framework ............................................................................................................................................. 110
4. Growth and Demand ................................................................................................................................................................. 116
5. Project Prioritization and Risk Management................................................................................................................. 116
IX. Financial Strategy ..................................................................................................................................................... 126
1. General Overview ....................................................................................................................................................................... 126
2. Financial Profile: Tax Funded Assets ................................................................................................................................ 129
3. Financial Profile: Rate Funded Assets ............................................................................................................................... 133
4. Use of Debt .................................................................................................................................................................................... 137
5. Use of Reserves ........................................................................................................................................................................... 140
X. 2016 Infrastructure Report Card ....................................................................................................................... 141
XI. Appendix: Grading and Conversion Scales ..................................................................................................... 142
bayham_amp2_d2_1205
List of Figures
Figure 1 Distribution of Net Stock of Core Public Infrastructure .............................................................................................. 8
Figure 2 Developing the AMP – Work Flow and Process ............................................................................................................ 16
Figure 3 Asset Valuation by Class .......................................................................................................................................................... 19
Figure 4 2016 Ownership Per Household .......................................................................................................................................... 20
Figure 5 Historical Investment in Infrastructure – All Asset Classes ..................................................................................... 22
Figure 6 Useful Life Remaining as of 2015 – All Asset Classes ................................................................................................. 23
Figure 7 Asset Condition Distribution by Replacement C ost as of 2015 – All Asset Classes ....................................... 24
Figure 8 Annual Requirements by Asset Class ................................................................................................................................. 25
Figure 9 Infrastructure Backlog – All Asset Classes ....................................................................................................................... 25
Figure 10 Replacement Profile – All Asset Classes ......................................................................................................................... 26
Figure 11 Asset Valuation – Road Network ....................................................................................................................................... 31
Figure 12 Historical Investment – Road Network .......................................................................................................................... 32
Figure 13 Useful Life Consumption - Road Network ..................................................................................................................... 33
Figure 14 Asset Condition – Road Network (Primarily Assessed) .......................................................................................... 34
Figure 15 Forecasting Replacement Needs – Road Network .................................................................................................... 35
Figure 16 Asset Valuation – Bridges & Culverts .............................................................................................................................. 38
Figure 17 Historical Investment – Bridges & Culverts ................................................................................................................. 39
Figure 18 Useful Life Consumption – Bridges & Culverts ........................................................................................................... 40
Figure 19 Asset Condition – Bridges & Culverts (Age-based) ................................................................................................... 41
Figure 20 Forecasting Replacement Needs – Bridges & Culverts ............................................................................................ 42
Figure 21 Asset Valuation – Water System ........................................................................................................................................ 45
Figure 22 Historical Investment – Water System ........................................................................................................................... 46
Figure 23 Useful Life Consumption – Water System ..................................................................................................................... 47
Figure 24 Asset Condition – Water System (Assessed) ................................................................................................................ 48
Figure 25 Forecasting Replacement Needs – Water System ..................................................................................................... 49
Figure 26 Asset Valuation – Wastewater System ........................................................................................................................... 52
Figure 27 Historical Investment – Wastewater System ............................................................................................................... 53
Figure 28 Useful Life Consumption – Wastewater System ......................................................................................................... 54
Figure 29 Asset Condition – Wastewater System (Assessed) ................................................................................................... 55
Figure 30 Forecasting Replacement Needs – Wastewater System ......................................................................................... 56
Figure 31 Asset Valuation – Storm Network ..................................................................................................................................... 60
Figure 32 Historical Investment – Storm Network ........................................................................................................................ 61
Figure 33 Useful Life Consumption – Storm Network .................................................................................................................. 62
Figure 34 Asset Condition – Storm Network (Age-based) .......................................................................................................... 63
Figure 35 Forecasting Replacement Needs – Storm Network .................................................................................................. 64
Figure 36 Asset Valuation – Buildings & Facilities ......................................................................................................................... 67
Figure 37 Historical Investment – Buildings & Facilities ............................................................................................................ 68
Figure 38 Useful Life Consumption – Buildings & Facilities ...................................................................................................... 69
Figure 39 Asset Condition – Buildings & Facilities (Primarily Assessed) ............................................................................ 70
Figure 40 Forecasting Replacement Needs – Buildings & Facilities....................................................................................... 71
Figure 41 Asset Valuation – Machinery & Equipment .................................................................................................................. 74
Figure 42 Historical Investment – Machinery & Equipment ..................................................................................................... 75
Figure 43 Useful Life Consumption – Machinery & Equipment ............................................................................................... 76
Figure 44 Asset Condition – Machinery & Equipment (Assessed and Age-based) .......................................................... 77
Figure 45 Forecasting Replacement Needs – Machinery & Equipment ................................................................................ 78
Figure 46 Asset Valuation – Land Improvements........................................................................................................................... 82
Figure 47 Historical Investment – Land Improvements .............................................................................................................. 83
Figure 48 Useful Life Consumption – Land Improvements ........................................................................................................ 84
Figure 49 Asset Condition - Land Improvements (Primarily Assessed) .............................................................................. 85
Figure 50 Forecasting Replacement Needs – Land Improvements ........................................................................................ 86
Figure 51 Asset Valuation – Vehicles.................................................................................................................................................... 90
Figure 52 Historical Investment – Vehicles ....................................................................................................................................... 91
Figure 53 Useful Life Consumption – Vehicles ................................................................................................................................. 92
Figure 54 Asset Condition – Vehicles (Assessed and Age-based) ............................................................................................ 93
bayham_amp2_d2_1205
Figure 55 Forecasting Replacement Needs – Vehicles ................................................................................................................. 94
Figure 56 Comparing Age-based and Assessed Condition Data ............................................................................................ 105
Figure 57 Paved Road General Deterioration Profile ................................................................................................................. 110
Figure 58 Sewer Main General Deterioration ................................................................................................................................ 113
Figure 59 Water Main General Deterioration ................................................................................................................................ 114
Figure 60 Bow Tie Risk Model .............................................................................................................................................................. 117
Figure 61 Distribution of Assets Based on Risk – All Asset Classes ..................................................................................... 121
Figure 62 Distribution of Assets Based on Risk – Road Network ......................................................................................... 121
Figure 63 Distribution of Assets Based on Risk – Bridges & Culverts ................................................................................ 122
Figure 64 Distribution of Assets Based on Risk – Water System .......................................................................................... 122
Figure 65 Distribution of Assets Based on Risk – Sanitary Services ................................................................................... 123
Figure 66 Distribution of Assets Based on Risk – Buildings & Facilities ........................................................................... 124
Figure 67 Distribution of Assets Based on Risk – Machinery & Equipment .................................................................... 124
Figure 68 Distribution of Assets Based on Risk – Land Improvements ............................................................................. 125
Figure 69 Distribution of Assets Based on Risk – Vehicles ...................................................................................................... 125
Figure 70 Cost Elements ......................................................................................................................................................................... 127
Figure 71 Historical Prime Business Interest Rates ................................................................................................................... 138
List of Tables
Table 1 Objectives of Asset Management ............................................................................................................................................. 9
Table 2 Principles of Asset Management ............................................................................................................................................ 10
Table 3 Infrastructure Report Card Description ............................................................................................................................. 14
Table 4 Source of Condition Data by Asset Class ............................................................................................................................ 21
Table 5 Data Confidence Ratings ............................................................................................................................................................ 28
Table 6 Key Asset Attributes – Road Network ................................................................................................................................. 30
Table 7 Key Asset Attributes – Bridges & Culverts ........................................................................................................................ 37
Table 8 Key Asset Attributes – Water .................................................................................................................................................. 44
Table 9 Asset Inventory – Wastewater Systems ............................................................................................................................. 51
Table 10 Asset Inventory – Storm Network ...................................................................................................................................... 59
Table 11 Key Asset Attributes – Buildings & Facilities................................................................................................................. 66
Table 12 Asset Inventory – Machinery & Equipment ................................................................................................................... 73
Table 13 Asset Inventory – Land Improvements ............................................................................................................................ 81
Table 14 Asset Inventory – Vehicles ..................................................................................................................................................... 89
Table 15 LOS Categories ............................................................................................................................................................................ 96
Table 16 Key Performance Indicators – Road Network and Bridges & Culverts .............................................................. 97
Table 17 Key Performance Indicators – Buildings & Facilities ................................................................................................. 98
Table 18 Key Performance Indicators – Vehicles ........................................................................................................................... 98
Table 19 Key Performance Indicators – Water, Sanitary and Storm Networks ................................................................ 99
Table 20 Key Performance Indicators – Machinery & Equipment ....................................................................................... 100
Table 21 Key Performance Indicators – Land Improvements ............................................................................................... 100
Table 22 Asset Condition and Related Work Activity for Paved Roads ............................................................................. 111
Table 23 Asset Condition and Related Work Activity for Sewer Mains ............................................................................. 113
Table 24 Asset Condition and Related Work Activity for Water Mains ............................................................................. 115
Table 25 Probability of Failure – All Assets .................................................................................................................................... 118
Table 26 Consequence of Failure – Roads ....................................................................................................................................... 118
Table 27 Consequence of Failure – Bridges & Culverts ............................................................................................................. 118
Table 28 Consequence of Failure – Water Mains ......................................................................................................................... 119
Table 29 Consequence of Failure – Sanitary Sewers .................................................................................................................. 119
Table 30 Consequence of Failure – Storm Sewers....................................................................................................................... 119
Table 31 Consequence of Failure – Buildings & Facilities........................................................................................................ 119
Table 32 Consequence of Failure – Machinery & Equipment ................................................................................................. 120
Table 33 Consequence of Failure – Land Improvements ......................................................................................................... 120
Table 34 Consequence of Failure – Vehicles .................................................................................................................................. 120
Table 35 Infrastructure Requirements and Current Funding Available: Tax Funded Assets .................................. 129
bayham_amp2_d2_1205
Table 36 Tax Change Required for Full Funding .......................................................................................................................... 130
Table 37 Effect of Changes in OCIF Funding and Reallocating Decreases in Debt Costs ............................................ 131
Table 38 Summary of Infrastructure Requirements and Current Funding Available ................................................. 133
Table 39 Rate Change Required for Full Funding ........................................................................................................................ 134
Table 40 Without Change in Debt Costs ........................................................................................................................................... 135
Table 41 With Change in Debt Costs .................................................................................................................................................. 135
Table 42 Total Interest Paid as a Percentage of Project Costs ............................................................................................... 137
Table 43 Overview of Use of Debt ....................................................................................................................................................... 139
Table 44 Overview of Debt Costs ........................................................................................................................................................ 139
Table 45 Summary of Reserves Available ....................................................................................................................................... 140
Table 46 2016 Infrastructure Report Card ..................................................................................................................................... 141
Table 47 Asset Health Scale ................................................................................................................................................................... 142
Table 48 Financial Capacity Scale ....................................................................................................................................................... 143
bayham_amp2_d2_1205
Executive Summary
Infrastructure is inextricably linked to the economic, social and environmental advancement of a
community. Municipalities own and manage nearly 60% of the public infrastructure stock in
Canada. As analyzed in this asset management plan (AMP), the Municipality of Bayham’s
infrastructure portfolio comprises the following asset classes: road network, bridges & culverts,
buildings, storm, water, sanitary, machinery & equipment, land improvements, vehicles and natural
resources. The asset classes analyzed in this asset management plan for the municipality had a total
2016 valuation of $104 million, of which roads comprised 31%.
Strategic asset management is critical in extracting the highest total value from public assets at the
lowest lifecycle cost. This AMP, the municipality’s second following the completion of its first
edition in 2013, details the state of infrastructure of the municipality’s service areas and provides
asset management and financial strategies designed to facilitate its pursuit of developing an
advanced asset management program and mitigate long-term funding gaps.
In addition to observed field conditions, historical capital expenditures can assist the municipality
in identifying impending infrastructure needs, and guide its medium- and long-term capital
programs. The municipality has continuously invested into its infrastructure over the decades.
Investments fluctuated during the early 1990s and then peaked in the early 1970 and early 2000s.
In the 1970s $25.5 million was invested with $14 million put into the storm network. Since 2000,
$49 million has been invested with a focus on roads, the sanitary sewer network and vehicles.
Based on 2016 replacement cost, and condition data, over 33% of assets, with a valuation of $35
million, are in good to very good condition; 46% are in poor to very poor condition. The
municipality has provided condition information for 100% of assets based on 2016 replacement
cost. In total, 55% of the assets analyzed in this AMP have at least 10 years of useful life remaining.
However, 27%, with a valuation of $28 million, remain in operation beyond their established useful
life. An additional 8% will reach the end of their useful life within the next five years.
bayham_amp2_d2_1205
6
In order for an AMP to be effective, it must be integrated with financial planning and long-term
budgeting. The development of a comprehensive financial plan will allow the municipality to
identify the financial resources required for sustainable asset management based on existing asset
inventories, desired levels of service, and projected growth requirements.
The average annual investment requirement for the above categories is $2,250,000. Annual
revenue currently allocated to these assets for capital purposes is $922,000 leaving an annual
deficit of $1,328,000. To put it another way, these infrastructure categories are currently funded at
41% of their long-term requirements. In 2016, Bayham has annual tax revenues of $3,956,000. Our
strategy includes full funding being achieved over 20 years by:
increasing tax revenues by 1.5% each year for the next 20 years solely for the purpose of
phasing in full funding to the asset categories covered in this section of the AMP.
allocating the current gas tax and OCIF revenue as outlined in table 1.
allocating the scheduled OCIF grant increases to the infrastructure deficit as they occur.
reallocating appropriate revenue from categories in a surplus position to those in a deficit
position.
increasing existing and future infrastructure budgets by the applicable inflation index on an
annual basis in addition to the deficit phase-in.
The average annual investment requirement for sanitary sewer services and water services is
$556,000. Annual revenue currently allocated to these assets for capital purposes is $596,000
leaving an annual surplus of $40,000. To put it another way, these infrastructure categories are
currently funded at 107% of their long-term requirements. In 2016, Bayham has annual
wastewater revenues of $863,000 and annual water revenues of $712,000.
To achieve financial sustainability for its rate-based assets, we recommend rate changes for capital
purposes be implemented over time with at least three factors being quantified:
There is a pent up investment demand of $457,000 for sanitary services and $0 for water
services. As a result, rates should not be changed until a detailed work plan is developed for
these projects. A corresponding financial plan can then be developed taking into account that
there are $2,283,000 of reserves available for sanitary infrastructure and $536,000 of reserves
for water infrastructure.
51% of sanitary revenues and 76% of water revenues are currently allocated to operations as
opposed to capital. Overall rates should not be changed until longer term operational
requirements are determined and taken into account. This will avoid the complications of
changing rates for capital purposes and then possibly increasing them for operational
requirements.
Bayham will be updating their detailed rate study in 2019. Any change in capital rates should be
delayed until that study is available.
Considering all of the above information:
Rate changes for capital purposes for both sanitary services and water services be postponed
until the work on the above factors are completed.
If the work required for the above factors is delayed, and inflation increases are greater than
the reduction available, implementing net increases to existing and future infrastructure
budgets by the applicable inflation index on an annual basis.
bayham_amp2_d2_1205
7
Although our financial strategies allow the municipalities to meet its long-term funding
requirements and reach fiscal sustainability, injection of additional revenues will be required to
mitigate existing infrastructure backlogs.
A critical aspect of this asset management plan is the level of confidence the municipality has in the
data used to develop the state of the infrastructure and form the appropriate financial strategies.
The municipality has indicated a high degree of confidence in the accuracy, validity and
completeness of the asset data for all categories analyzed in this asset management plan.
bayham_amp2_d2_1205
8
I. Introduction & Context
Across Canada, municipal share of public infrastructure increased from 22% in 1955 to nearly 60%
in 2013. The federal government’s share of critical infrastructure stock, including roads, water and
wastewater, declined by nearly 80% in value since 1963.1
Figure 1 Distribution of Net Stock of Core Public Infrastructure
Ontario’s municipalities own more of the province’s infrastructure assets than both the provincial
and federal government. The asset portfolios managed by Ontario’s municipalities are also highly
diverse. The Municipality of Bayham’s capital assets portfolio, as analyzed in this asset management
plan (AMP) is valued at $104 million using 2016 replacement costs. The municipality relies on
these assets to provide residents, businesses, employees and visitors with safe access to important
services, such as transportation, recreation, culture, economic development and much more. As
such, it is critical that the municipality manage these assets optimally in order to produce the
highest total value for taxpayers. This asset management plan, (AMP) will assist the municipality in
the pursuit of judicious asset management for its capital assets.
1 Larry Miller, Updating Infrastructure In Canada: An Examination of Needs And Investments Report of the Standing Committee on
Transport, Infrastructure and Communities, June 2015
Municipal $216.9B
57%
Provincial $158.4B
41%
Federal
$6.7B
2%
bayham_amp2_d2_1205
9
II. Asset Management
Asset management can be best defined as an integrated business approach within an organization
with the aim to minimize the lifecycle costs of owning, operating, and maintaining assets, at an
acceptable level of risk, while continuously delivering established levels of service for present and
future customers. It includes the planning, design, construction, operation and maintenance of
infrastructure used to provide services. By implementing asset management processes,
infrastructure needs can be prioritized over time, while ensuring timely investments to minimize
repair and rehabilitation costs and maintain municipal assets.
Table 1 Objectives of Asset Management
Inventory Capture all asset types, inventories and historical data.
Current Valuation Calculate current condition ratings and replacement values.
Lifecycle Analysis Identify Maintenance and Renewal Strategies & Lifecycle Costs.
Service Level Targets Define measurable Levels of Service Targets.
Risk & Prioritization Integrates all asset classes through risk and prioritization strategies.
Sustainable Financing Identify sustainable Financing Strategies for all asset classes.
Continuous Processes Provide continuous processes to ensure asset information is kept current and
accurate.
Decision Making &
Transparency
Integrate asset management information into all corporate purchases, acquisitions
and assumptions.
Monitoring & Reporting At defined intervals, assess the assets and report on progress and performance.
bayham_amp2_d2_1205
10
1. Overarching Principles
The Institute of Asset Management (IAM) recommends the adoption of seven key principles for a
sustainable asset management program. According to IAM, asset management must be:2
Table 2 Principles of Asset Management
Holistic Asset management must be cross-disciplinary, total value focused.
Systematic Rigorously applied in a structured management system.
Systemic Looking at assets in their systems context, again for net, total value.
Risk-based Incorporating risk appropriately into all decision-making.
Optimal Seeking the best compromise between conflicting objectives, such as
costs versus performance versus risks etc.
Sustainable Plans must deliver optimal asset lifecycles, ongoing systems
performance, environmental and other long term consequences.
Integrated
At the heart of good asset management lies the need to be joined-up. The
total jigsaw puzzle needs to work as a whole - and this is not just the
sum of the parts.
2 “Key Principles”, The Institute of Asset Management, www.iam.org
bayham_amp2_d2_1205
11
III. AMP Objectives and Content
This AMP is one component of Bayham’s overarching corporate strategy. It was developed to
support the municipality’s vision for its asset management practice and programs. It provides key
asset attribute data, including current composition of the municipality’s infrastructure portfolio,
inventory, replacement costs, useful life etc., summarizes the physical health of the capital assets,
enumerates the municipality’s current capital spending framework, and outlines financial strategies
to achieve fiscal sustainability in the long-term while reducing and eventually eliminating funding
gaps.
As with the first edition of the municipality’s asset management plan in 2013, this AMP is developed
in accordance with provincial standards and guidelines, and new requirements under the Federal
Gas Tax Fund (GTF) stipulating the inclusion of all eligible asset classes. The following asset classes
are analysed in this document: road network; bridges & culverts; water; wastewater; storm;
buildings; machinery & equipment; land improvements; and vehicles.
bayham_amp2_d2_1205
12
IV. Data and Methodology
The municipality’s dataset for the asset classes analyzed in this AMP are maintained in PSD’s
CityWide® Tangible Assets module. This dataset includes key asset attributes and PSAB 3150 data,
such as historical costs, in-service dates, field inspection data (as available), asset health, and
replacement costs.
1. Condition Data
Municipalities implement a straight-line amortization schedule approach to depreciate their capital
assets. In general, this approach may not be reflective of an asset’s actual condition and the true
nature of its deterioration, which tends to accelerate toward the end of the asset’s lifecycle.
However, it is a useful approximation in the absence of standardized decay models and actual field
condition data and can provide a benchmark for future requirements. We analyze each asset
individually prior to aggregation and reporting; therefore, many imprecisions that may be
highlighted at the individual asset level are attenuated at the class level.
As available, actual field condition data was used to make recommendations more meaningful and
representative of the municipality’s state of infrastructure. The value of condition data cannot be
overstated as they provide a more accurate representation of the state of infrastructure. The type of
condition data used for each class is indicated in Chapter V, Section 2.
bayham_amp2_d2_1205
13
2. Financial Data
In this AMP, the average annual requirement is the amount, based on current replacement costs,
that municipalities should set aside annually for each infrastructure class so that assets can be
replaced upon reaching the end of their lifecycle.
To determine current funding capacity, all existing sources of funding are identified and combined
to enumerate the total available funding; funding for the previous three years is analyzed as data is
available. These figures are then assessed against the average annual requirements, and are used to
calculate the annual funding shortfall (surplus) and for forming the financial strategies.
In addition to the annual shortfall, the majority of municipalities face significant infrastructure
backlogs. The infrastructure backlog is the accrued financial investment needed in the short-term
to bring the assets to a state of good repair. This amount is identified for each asset class.
Only predictable sources of funding are used, e.g., tax and rate revenues, user fees, and other
streams of income the municipality can rely on with a high degree of certainty. Government grants
and other ad-hoc injections of capital are not included in this asset management plan given their
unpredictability. As senior governments make greater, more predictable and permanent
commitments to funding municipal infrastructure programs, e.g., the Federal Gas Tax Fund, future
iterations of this asset management plan will account for such funding sources.
bayham_amp2_d2_1205
14
3. Infrastructure Report Card
The asset management plan is a complex document, but one with direct implications on the public, a group with varying degrees of
technical knowledge. To make communications more meaningful and the AMP more accessible, we’ve developed an Infrastructure Report
Card that summarizes our findings in common language that municipalities can use for internal and external distribution. The report card
is developed using two key, equally weighted factors: Financial Capacity and Asset Health.
Table 3 Infrastructure Report Card Description
Financial Capacity
A municipality’s financial capacity grade is determined by the level of funding available (0-100%) for each asset class for the purpose of
meeting the average annual investment requirements.
Asset Health
Using either field inspection data as available or age-based data, the asset health component of the report card uses condition (0-100%)
to estimate how capable assets are in performing their required functions. We use replacement cost to determine the weight of each
condition group within the asset class.
Letter
Grade Rating Description
A Very Good The asset is functioning and performing well; only normal preventative maintenance is required. The municipality is fully prepared for
its long-term replacement needs based on its existing infrastructure portfolio.
B Good The municipality is well prepared to fund its long-term replacement needs but requires additional funding strategies in the short-term
to begin to increase its reserves.
C Fair
The asset’s performance or function has started to degrade and repair/rehabilitation is required to minimize lifecycle cost. The
municipality is underpreparing to fund its long-term infrastructure needs. The replacement of assets in the short- and medium-term
will likely be deferred to future years.
D Poor
The asset’s performance and function is below the desired level and immediate repair/rehabilitation is required. The municipality is
not well prepared to fund its replacement needs in the short-, medium- or long-term. Asset replacements will be deferred and levels of
service may be reduced.
F Very Poor
The municipality is significantly underfunding its short-term, medium-term, and long-term infrastructure requirements based on
existing funds allocation. Asset replacements will be deferred indefinitely. The municipality may have to divest some of its assets (e.g.,
bridge closures, arena closures) and levels of service will be reduced significantly.
bayham_amp2_d2_1205
15
4. Limitations and Assumptions
Several limitations continue to persist as municipalities advance their asset management practices.
As available, we use field condition assessment data to illustrate the state of infrastructure and
develop the requisite financial strategies. However, in the absence of observed data, we rely on
the age of assets to estimate their physical condition.
A second limitation is the use of inflation measures, for example using CPI/NRBCPI to inflate
historical costs in the absence of actual replacement costs. While a reasonable approximation,
the use of such multipliers may not be reflective of market prices and may over- or understate
the value of a municipality’s infrastructure portfolio and the resulting capital requirements.
Our calculations and recommendations will reflect the best available data at the time this AMP
was developed.
The focus of this plan is restricted to capital expenditures and does not capture O&M
expenditures on infrastructure.
bayham_amp2_d2_1205
16
GAP ANALYSIS: CITYWIDE TA
Review client database and
assess against benchmark
municipalities
DATA VALIDATION 1
Collaborate with Engineering
and Finance to validate and
refine data
GAP ANALYSIS: CITYWIDE CPA
Review client database and
assess against benchmark
municipalities
DATA VALIDATION 2
Collaborate with Finance to
validate and refine data prior
to the developing financial
strategy
DATA APPROVAL
Client approves all asset and
financial data before PSD can
develop financial strategy
FINANCIAL STRATEGY
PSD submits financial strategy to
client for review
IS STRATEGY
APPROVED?
AMEND FINANCIAL STRATEGY
Collaborate with client to
redevelop financial strategy
YES
IS DRAFT
APPROVED?
AMEND DRAFT
Incorporate client feedback
and resubmit draft
NO
SUBMIT FINAL AMP DRAFT
PSD develops report card and
submits final draft for client
approval and project sign-off
YES
FIRST DRAFT
PSD submits first complete
draft of the AMP
5. Process
High data quality is the foundation of intelligent decision-making. Generally, there are two primary causes of poor decisions: inaccurate or
incomplete data, and the misinterpretation of data used. The figure below illustrates an abbreviated version of our work order/work flow
process between PSD and municipal staff. It is designed to ensure maximum confidence in the raw data used to develop the AMP, the
interpretation of the AMP by all stakeholders, and ultimately, the application of the strategies outlined in this AMP.
Figure 2 Developing the AMP – Work Flow and Process
NO
bayham_amp2_d2_1205
17
6. Data Confidence Rating
Staff confidence in the data used to develop the AMP can determine the extent to which
recommendations are applied. Low confidence suggests uncertainty about the data and can
undermine the validity of the analysis. High data confidence endorses the findings and strategies,
and the AMP can become an important, reliable reference guide for interdepartmental
communication as well as a manual for long-term corporate decision-making. Having a numerical
rating for confidence also allows the municipality to track its progress over time and eliminate data
gaps.
Data confidence in this AMP is determined using five key factors and is based on the City of
Brantford’s approach. Municipal staff provide their level of confidence (score) in each factor for
major asset classes along a spectrum, ranging from 0, suggesting low confidence in the data, to 100
indicative of high certainty regarding inputs. The five factors used to calculate the municipality’s
data confidence ratings are:
F1 F2 F3 F4 F5
The data is up to date. The data is complete
and uniform.
The data comes from
an authoritative
source
The data is error free.
The data is
verified by an
authoritative
source.
The municipality’s self-assessed score in each factor is then used to calculate data confidence in
each asset class using Equation 1 below.
𝐴𝑟𝑟𝑐𝑟 𝐶𝑙𝑎𝑟𝑟 𝐶𝑎𝑟𝑎 𝐶𝑛𝑛𝑐�ℎ𝑐𝑐𝑛𝑐𝑐 𝑅𝑎𝑟�ℎ𝑛𝑐=∑(𝑅𝑐𝑛𝑟𝑐 �ℎ𝑛 𝑐𝑎𝑐� 𝑐𝑎𝑐𝑟𝑛𝑟) × (1
5)
bayham_amp2_d2_1205
18
V. Summary Statistics
In this section, we aggregate technical and financial data across all asset classes analyzed in this
AMP, and summarize the state of the infrastructure using key indicators, including asset condition,
useful life consumption, and important financial measurements.
bayham_amp2_d2_1205
19
1. Asset Valuation
The asset classes analyzed in this asset management plan for the municipality had a total 2016 valuation of $104.6 million, of which roads
comprised 31%, followed the sanitary sewer network at 26%. The ownership per household (Figure 4) totaled $60,000 based on 2557
households for all asset categories except for water services with 832 households and wastewater services with 1228 households.
Figure 3 Asset Valuation by Class
bayham_amp2_d2_1205
20
Figure 4 2016 Ownership Per Household
$59,552
$11,093
$2,296
$21,772
$12,509
$7,431
$2,108
$547
$1,349
$448
Total
Water Services
Buildings
Sanitary Services
Road Network
Storm Water
Vehicles
Land Improvements
Bridges & Culverts
Machinery & Equipment
bayham_amp2_d2_1205
21
2. Source of Condition Data by Asset Class
Observed data will provide the most precise indication of an asset’s physical health. In the absence
of such information, the age of capital assets can be used as a meaningful approximation of the
asset’s condition. Table 4 indicates the source of condition data used for the various asset classes in
this AMP. The municipality has condition data for 100% of all assets based on 2016 replacement
cost.
Table 4 Source of Condition Data by Asset Class
Asset class Component Source of Condition Data
Roads Network All 100% Assessed – 2016
Bridges & Culverts All 100% Assessed – 2016
Water System All 100% Assessed – 2016
Sanitary Services All 100% Assessed – 2016
Storm All 100% Assessed – 2016
Buildings All 100% Assessed – 2016
Machinery & Equipment All 100% Assessed – 2016
Land Improvements All 100% Assessed – 2016
Vehicles All 100% Assessed – 2016
bayham_amp2_d2_1205
22
3. Historical Investment in Infrastructure – All Asset Classes
In conjunction with condition data, two other measurements can augment staff understanding of the state of infrastructure and
impending and long-term infrastucture needs: installation year profile, and useful life remaining. Using 2016 replacement costs, Figure 5
illustrates the historical invesments made in the asset classes analyzed in this AMP since 1950. Often, investment in critical infrastructure
parallels population growth or other significant shifts in demographics; they can also fluctuate with provincial and federal stimuls
programs. Note that this graph only includes the active asset inventory as of December 31, 2016.
Figure 5 Historical Investment in Infrastructure – All Asset Classes
The municipality has continuously invested into its infrastructure over the decades. Investments fluctuated during the early 1990s and
then peaked in the early 1970 and early 2000s. In the 1970s $25.5 million was invested with $14 million put into the storm network. Since
2000, $49 million has been invested with a focus on roads, the sanitary sewer network and vehicles.
bayham_amp2_d2_1205
23
4. Useful Life Consumption – All Asset Classes
While age is not a precise indicator of an asset’s health, in the absence of observed condition
assessment data, it can serve as a high-level, meaningful approxmiation and help guide replacement
needs and facilitate strategic budgeting. Figure 6 shows the distibution of assets based on the
percentage of useful life already consumed.
Figure 6 Useful Life Remaining as of 2016 – All Asset Classes
In total, 55% of the assets analyzed in this AMP have at least 10 years of useful life remaining.
However, 27%, with a valuation of $28 million, remain in operation beyond their established useful
life. An additional 8% will reach the end of their useful life within the next five years.
bayham_amp2_d2_1205
24
5. Overall Condition – All Asset Classes
Based on 2016 replacement cost, and condition data, over 33% of assets, with a valuation of $35
million, are in good to very good condition; 46% are in poor to very poor condition. The
municipality has provided condition information for 100% of assets based on 2016 replacement
cost.
Figure 7 Asset Condition Distribution by Replacement Cost as of 2016 – All Asset Classes
bayham_amp2_d2_1205
25
6. Financial Profile
This section details key high-level financial indicators for the municipality’s asset classes.
Figure 8 Annual Requirements by Asset Class
The annual requirements represent the amount the municipality should allocate annually to each of
its asset classes to meet replacement needs as they arise, prevent infrastructure backlogs and
achieve long-term sustainability. In total, the municipality must allocate $2.8 million annually for
the assets covered in this AMP.
Figure 9 Infrastructure Backlog – All Asset Classes
The municipality has a combined infrastructure backlog of $28.7 million, with storm water network
comprising 49%. The backlog represents the investment needed today to meet previously deferred
replacement needs. In the absence of assessed data, the backlog represents the value of assets still
in operation beyond their established useful life.
$2,795,479
$172,600
$1,000,401
$419,782
$124,453
$379,383
$475,000
$55,408
$82,227
$86,225
Total
Buildings
Road Network
Sanitary Services
Water Services
Vehicles
Storm Water
Land Improvements
Machinery &…
Bridges & Culverts
$28,753,265
$456,932
$350,000
$0
$11,230,674
$865,357
$82,000
$1,530,000
$238,302
$14,000,000
Total
Sanitary Services
Vehicles
Water Services
Road Network
Buildings
Machinery &…
Bridges & Culverts
Land Improvements
Storm Water
bayham_amp2_d2_1205
26
7. Replacement Profile – All Asset Classes
In this section, we illustrate the aggregate short-, medium- and long-term infrastructure spending requirements (replacement only) for
the municipality’s asset classes. The backlog is the total investment in infrastructure that was deferred over previous years or decades. In
the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful life.
Figure 10 Replacement Profile – All Asset Classes
Based on condition data, the municipality has a combined backlog of $28.7 million, of which storm water network comprises $14 million.
Aggregate replacement needs will total $1.9 million over the next five years. An additional $10.7 million will be required between 2021
and 2025. The municipality’s aggregate annual requirements (indicated by the black line) total $2.8 million. At this funding level, the
municipality would be allocating sufficient funds on an annual basis to meet the replacement needs for its various asset classes as they
arise without the need for deferring projects and accruing annual infrastructure deficits. Currently, the municipality is funding 41% of the
annual requirements for tax-funded assets and 110% for rate-funded assets. See the ‘Financial Strategy’ chapter for achieving a more
bayham_amp2_d2_1205
27
optimal and sustainable funding level. Further, while fulfilling the annual requirements will position the municipality to meet its future
replacement needs, injection of additional revenues will be needed to mitigate existing infrastructure backlogs.
bayham_amp2_d2_1205
28
8. Data Confidence
The municipality has a high degree of confidence in the data used to develop this AMP, receiving a weighted confidence rating of 82%.
This is indicative of significant effort in collecting and refining its data set.
Table 5 Data Confidence Ratings
Asset Class
The data is up-
to-date.
The data is
complete and
uniform.
The data comes
from an
authoritative
source.
The data is error
free.
The data is
verified by an
authoritative
source.
Average
Confidence
Rating
Weighted
Confidence
Rating
Road Network 100% 90% 80% 50% 60% 76% N/A
Bridges & Culverts 80% 80% 80% 60% 60% 72% N/A
Water Services 90% 90% 90% 90% 90% 90% N/A
Sanitary Services 90% 90% 90% 90% 90% 90% N/A
Storm Water 60% 60% 80% 60% 80% 68% N/A
Buildings 90% 90% 90% 80% 80% 86% N/A
Machinery & Equipment 80% 80% 80% 80% 90% 82% N/A
Land Improvements 90% 90% 70% 70% 70% 78% N/A
Vehicles 100% 100% 80% 90% 80% 90% N/A
Overall Weighted Average Data Confidence Rating 81% N/A
bayham_amp2_d2_1205
29
VI. State of Local Infrastructure
The state of local infrastructure includes the full inventory, condition ratings, useful life
consumption data and the backlog and upcoming infrastructure needs for each asset class. As
available, assessed condition data was used to inform the discussion and recommendations; in the
absence of such information, age-based data was used as the next best alternative.
bayham_amp2_d2_1205
30
1. Road Network
1.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost
Table 6 illustrates key asset attributes for the municipality’s road network, including quantities of various assets, their useful life, their
replacement cost, and the valuation method by which the replacement costs were derived. In total, the municipality’s roads assets are
valued at $32 million based on 2016 replacement costs. The useful life indicated for each asset type below was assigned by the
municipality.
Table 6 Key Asset Attributes – Road Network
Asset Type Asset Component Quantity Useful Life (Years) 2016 Unit Replacement Cost 2016 Overall
Replacement Cost
Road Network
Road Base 190.3km 50 Cost/Unit $17,769,263
Road Surface - Asphalt 37.7km 25 Cost/Unit $3,520,238
Road Surface - Gravel 44.1km 20 Cost/Unit $4,117,838
Road Surface - Tar & Chip 97.5km 15, 25, 50 Cost/Unit $3,517,313
Roads Guardrail 0.7km 20 Cost/Unit $28,000
Sidewalks 17958m 50 Cost/Unit $2,691,006
Streetlights 428 20 Cost/Unit $342,400
Total $31,986,056
bayham_amp2_d2_1205
31
Figure 11 Asset Valuation – Road Network
bayham_amp2_d2_1205
32
1.2 Historical Investment in Infrastructure
Figure 12 shows the municipality’s historical investments in its road network since 1950. While observed condition data will provide
superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such inf ormation,
understanding past expenditure patterns and current useful life consumption levels (Section 1.3) can inform the forecasting and planning
of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of
December 31, 2016.
Figure 12 Historical Investment – Road Network
Investments in the municipality’s road network have grown since 1960 with a large increase in the 1970s. In the early 2000s, the period
of largest investment, $5 million was invested with over $2 million put into road bases.
bayham_amp2_d2_1205
33
1.3 Useful Life Consumption
In conjunction with historical spending patterns and observed condition data, understanding the
consumption rate of assets based on industry established useful life standards provides a more
complete profile of the state of a community’s infrastructure. Figure 13 illustrates the useful life
consumption levels as of 2016 for the municipality’s road network.
Figure 13 Useful Life Consumption - Road Network
While 44% of the municipality’s road network has at least 10 years of useful life remaining, 35%,
with a valuation of $11 million, remain in operation beyond their useful life. An additional 4% will
reach the end of their useful life within the next five years.
bayham_amp2_d2_1205
34
1.4 Current Asset Condition
Using replacement cost, in this section we summarize the condition of the municipality’s road
network as of 2016. By default, we rely on observed field data as provided by the municipality. In
the absence of such information, age-based data is used as a proxy. The municipality has provided
condition data for 100% of all road assets.
Figure 14 Asset Condition – Road Network (Condition-based)
Based on assessed condition data, 10% of assets are in good to very good condition while 69% are
in poor to very poor condition with a valuation of $22 million.
bayham_amp2_d2_1205
35
1.5 Forecasting Replacement Needs
In this section, we illustrate the short-, medium- and long-term infrastructure spending requirements (replacement only) for the
municipality’s road network assets. The backlog is the aggregate investment in infrastructure that was deferred over previous years or
decades. In the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful life.
Figure 15 Forecasting Replacement Needs – Road Network
In addition to a backlog of $11.2 million, replacement needs are forecasted to be $1.1 million in the next five years; an additional $1.5
million is forecasted in replacement needs between 2022-2026. The municipality’s annual requirements (indicated by the black line) for
its road network total $1 million. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet
replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the
municipality is currently allocating $630,000, leaving an annual deficit of $370,000. See the ‘Financial Strategy’ section for achieving a
more optimal and sustainable funding level. Further, while fulfilling the annual requirements will position the municipality to meet its
future replacement needs, injection of additional revenues will be needed to mitigate existing infrastructure backlogs.
bayham_amp2_d2_1205
36
1.6 Recommendations – Road Network
Primarily assessed condition data indicates a backlog of $11.2 million and significant 10-year
replacement needs of $2.6 million. The municipality should continue its condition assessments
of road surfaces (asphalt, gravel, tar & chip), and expand the program to incorporate all assets
in order to more precisely estimate its actual financial requirements and field needs. See
Section 2, ‘Condition Assessment Programs’ in the ‘Asset Management Strategies’ chapter.
The data collected through condition assessment programs should be integrated into a risk
management framework which will guide prioritization of the backlog as well as short, medium,
and long-term replacement needs. See Section 4, ‘Risk’ in the ‘Asset Management Strategies’
chapter for more information.
In addition to the above, a tailored lifecycle activity framework should also be developed to
promote standard lifecycle management of the road network as outlined further within the
“Asset Management Strategy” section of this AMP.
Road network key performance indicators should be established and tracked annually as part of
an overall level of service model. See Section 7 ‘Levels of Service’.
The municipality is funding 63% of its long-term requirements on an annual basis. See the
‘Financial Strategy’ section on how to achieve more sustainable funding levels.
bayham_amp2_d2_1205
37
2. Bridges & Culverts
2.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost
Table 7 illustrates key asset attributes for the municipality’s bridges & culverts, including quantities of various assets, their useful life,
their replacement cost, and the valuation method by which the replacement costs were derived. In total, the municipality’s bridges &
culverts assets are valued at $3.4 million based on 2016 replacement costs. The useful life indicated for each asset type below was
assigned by the municipality.
Table 7 Key Asset Attributes – Bridges & Culverts
Asset Type Asset Component Quantity Useful Life (Years) 2016 Unit Replacement Cost 2016 Overall
Replacement Cost
Bridges & Culverts
Bridges 7 40 User-Defined Cost $3,175,000
Culverts 9 40 User-Defined Cost $274,000
Total $3,449,000
bayham_amp2_d2_1205
38
Figure 16 Asset Valuation – Bridges & Culverts
bayham_amp2_d2_1205
39
2.2 Historical Investment in Infrastructure
Figure 17 shows the municipality’s historical investments in its bridges & culverts since 1950. While observed condition data will provide
superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such inf ormation,
understanding past expenditure patterns and current useful life consumption levels (Section 2.3) can inform the forecasting and planning
of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of
December 31, 2016.
Figure 17 Historical Investment – Bridges & Culverts
The municipality has invested sporadically in its bridges and culverts since 1950. In the early 2000s, the period of largest investment, $1.3
million was invested with $1.25 million put into bridges.
bayham_amp2_d2_1205
40
2.3 Useful Life Consumption
In conjunction with historical spending patterns and observed condition data, understanding the
consumption rate of assets based on industry established useful life standards provides a more
complete profile of the state of a community’s infrastructure. Figure 18 illustrates the useful life
consumption levels as of 2016 for the municipality’s bridges & culverts.
Figure 18 Useful Life Consumption – Bridges & Culverts
40% of the assets have at least 10 years of useful life remaining while 44%, with a valuation of $1.5
million, remain in operation beyond their useful life. An additional 15% will reach the end of their
useful life within the next five years.
bayham_amp2_d2_1205
41
2.4 Current Asset Condition
Using replacement cost, in this section we summarize the condition of the municipality’s bridges &
culverts as of 2016. By default, we rely on observed field data adapted from OSIM inspections as
provided by the municipality. In the absence of such information, age-based data is used as a proxy.
All assets are based on assessed data.
Figure 19 Asset Condition – Bridges & Culverts (Condition-based)
Age-based data indicates that while 40% of the municipality’s bridges & culverts are in good to very
good condition, 60%, with a valuation of $2 million, are in poor to very poor condition.
bayham_amp2_d2_1205
42
2.5 Forecasting Replacement Needs
In this section, we illustrate the short-, medium- and long-term infrastructure spending requirements (replacement only) for the
municipality’s bridges & culverts. The backlog is the aggregate investment in infrastructure that was deferred over previous years or
decades. In the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful life.
Figure 20 Forecasting Replacement Needs – Bridges & Culverts
In addition to a backlog of $1.5 million, replacement needs will total zero in the next five years, however $535,000 will be required
between 2022 and 2026. The municipality’s annual requirements (indicated by the black line) for its bridges & culverts total $86,000. At
this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise
without the need for deferring projects and accruing annual infrastructure deficits. The municipality is currently allocating zero funds,
leaving an annual deficit of $86,000. See the ‘Financial Strategy’ section for achieving a more optimal and sustainable funding level.
Further, while fulfilling the annual requirements will position the municipality to meet its future replacement needs, injection of
additional revenues will be needed to mitigate existing infrastructure backlogs.
bayham_amp2_d2_1205
43
2.6 Recommendations – Bridges & Culverts
Assessed-based data indicates a significant backlog of $1.5 million and 10-year replacement
needs of $535,000. The results and recommendations from the OSIM inspections should be
incorporated into the AMP analysis and used to generate the short-and long-term capital and
maintenance budgets for the bridge and large culvert structures. See Section VIII, ‘Asset
Management Strategies’.
Bridge & culvert structure key performance indicators should be established and tracked
annually as part of an overall level of service model. See Section VII ‘Levels of Service’.
The municipality is funding 0% of its long-term requirements on an annual basis. See the
‘Financial Strategy’ section on how to achieve more sustainable and optimal funding levels.
bayham_amp2_d2_1205
44
3. Water System
3.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost
Table 8 illustrates key asset attributes for the municipality’s water system, including quantities of various assets, their useful life,
replacement costs, and the valuation method by which the replacement costs were derived. In total, the municipality’s water system
assets are valued at $9.6 million based on 2016 replacement costs. The useful life indicated for each asset type below was assigned by the
municipality.
Table 8 Key Asset Attributes – Water
Asset Type Asset Component Quantity Useful Life (Years) 2016 Unit Replacement
Cost
2016 Overall
Replacement Cost
Water System
Curb Stops 750 35 User-Defined Cost $600,037
Fire Hydrants 83 35 User-Defined Cost $361,868
Water Mains (38mm) 0.05km 100 User-Defined Cost $10,951
Water Mains (50mm) 0.65km 100 User-Defined Cost $188,653
Water Mains (150mm) 16.5km 100 User-Defined Cost $3,290,295
Water Mains (200mm) 3.8km 100 User-Defined Cost $1,074,705
Water Mains (250mm) 10.82km 100 User-Defined Cost $3,067,598
Water Treatment Plant 23 20, 50, 70 User-Defined Cost $277,658
Water Valves 119 35 User-Defined Cost $277,183
Water Facilities 2 70 User-Defined Cost $80,805
Water Meters 832 35 User-Defined Cost 402,000
Total $9,631,753
bayham_amp2_d2_1205
45
Figure 21 Asset Valuation – Water System
bayham_amp2_d2_1205
46
3.2 Historical Investment in Infrastructure
Figure 22 shows the municipality’s historical investments in its water system since 1950. While observed condition data will provide
superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such inf ormation,
understanding past expenditure patterns and current useful life consumption levels (Section 3.3) can inform the forecasting and planning
of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of
December 31, 2016.
Figure 22 Historical Investment – Water System
Investments in the water system have been sporadic since the 1950s. In the 1970s, the period of largest investment, $7 million was
invested in the water systems with the whole amount put into watermains.
bayham_amp2_d2_1205
47
3.3 Useful Life Consumption
In conjunction with historical spending patterns and observed condition data, understanding the
consumption rate of assets based on industry established useful life standards provides a more
complete profile of the state of a community’s infrastructure. Figure 23 illustrates the useful life
consumption levels as of 2016 for the municipality’s water system.
Figure 23 Useful Life Consumption – Water System
100% of assets have at least 10 years of useful life remaining.
bayham_amp2_d2_1205
48
3.4 Current Asset Condition
Using replacement cost, in this section we summarize the condition of the municipality’s water
services. By default, we rely on observed field data as provided by the municipality. In the absence
of such information, age-based data is used as a proxy. The municipality has provided condition
data for all of its water assets.
Figure 24 Asset Condition – Water System (Condition-based)
Based on assessed data, 27% of assets are in good to very good condition while 73%, with a
valuation of $7 million, are in fair condition.
bayham_amp2_d2_1205
49
3.5 Forecasting Replacement Needs
In this section, we illustrate the short-, medium- and long-term infrastructure spending requirements (replacement only) for the
municipality’s water system assets. The backlog is the aggregate investment in infrastructure that was deferred over previous years or
decades. In the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful life.
Figure 25 Forecasting Replacement Needs – Water System
Assessed condition data shows no backlog and no replacement needs for the next 15 years. The municipality’s annual requirements
(indicated by the black line) for its water system total $136,000. At this funding level, the municipality would be allocating sufficient funds
on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure
deficits. However, the municipality is currently allocating $173,000 toward the water network leaving an annual surplus of $37,000. See
the ‘Financial Strategy’ section for achieving a more optimal and sustainable funding level.
bayham_amp2_d2_1205
50
3.6 Recommendations – Water System
Condition data shows no backlog and minimal 15-year replacement needs. The municipality
should continue its condition assessment program of its water assets to precisely estimate its
financial requirements and field needs. See Section 2, ‘Condition Assessment Programs’ in the
‘Asset Management Strategies’ chapter.
The data collected through condition assessment programs should be integrated into a risk
management framework which will guide prioritization of short, medium, and long term
replacement needs. See Section 4, ‘Risk’ in the ‘Asset Management Strategies’ chapter for more
information.
In addition to the above, a tailored lifecycle activity framework should be developed to promote
standard lifecycle management of the water system as outlined further within the “Asset
Management Strategy” section of this AMP.
Water distribution system key performance indicators should be established and tracked
annually as part of an overall level of service model. See Section VII ‘Levels of Service’.
The municipality should assess its short-, medium- and long-term capital, and operations and
maintenance needs.
An appropriate percentage of the replacement costs should then be allocated for the
municipality’s O&M requirements.
The municipality is funding all of its long-term requirements on an annual basis. See the
‘Financial Strategy’ section on how to achieve more sustainable and optimal funding levels.
bayham_amp2_d2_1205
51
4. Wastewater Systems
4.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost
Table 9 illustrates key asset attributes for the municipality’s wastewater system portfolio, including quantities of various assets, their
useful life, replacement costs, and the valuation method by which the replacement costs were derived. In total, the municipality’s
wastewater system assets are valued at $26.7 million based on 2016 replacement costs. The useful life indicated for each asset type below
was assigned by the municipality.
Table 9 Asset Inventory – Wastewater Systems
Asset Type Asset Component Quantity Useful Life (Years) 2016 Unit Replacement
Cost
2016 Overall
Replacement Cost
Wastewater
Systems
Sanitary Sewer Mains (50mm) 1.2km 100 User-Defined Cost $516,923
Sanitary Sewer Mains (100mm) 5.05km 100 User-Defined Cost $2,143,808
Sanitary Sewer Mains (150mm) 0.8km 100 User-Defined Cost $296,091
Sanitary Sewer Mains (200mm) 23.19km 100 User-Defined Cost $9,794,749
Sanitary Sewer Mains (250mm) 9.8km 100 User-Defined Cost $4,474,112
Sanitary Sewer Mains (300mm) 0.26km 100 User-Defined Cost $94,193
Sanitary Sewer Mains (350mm) 4.35km 100 User-Defined Cost $1,466,750
Sanitary Sewer Valves 42 35 User-Defined Cost $138,617
Wastewater Equipment 35 15, 20, 25 User-Defined Cost $392,289
Wastewater Facilities 29 20, 25, 40, 50, 75 User-Defined Cost $7,348,044
Wastewater Vehicles 2 10 User-Defined Cost $70,000
Total $26,735,576
bayham_amp2_d2_1205
52
Figure 26 Asset Valuation – Wastewater System
bayham_amp2_d2_1205
53
4.2 Historical Investment in Infrastructure
Figure 27 shows the municipality’s historical investments in its wastewater system since 1950. While observed condition data will
provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such
information, understanding past expenditure patterns and current useful life consumption levels (Section 4.3) can inform the forecasting
and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset
inventory as of December 31, 2016.
Figure 27 Historical Investment – Wastewater System
Major investments into the municipality’s wastewater assets began in the late 1980s. Investments then fluctuated and peaked in the early
2000s at $22 million. During this time $15.8 million was put into sanitary sewer mains.
bayham_amp2_d2_1205
54
4.3 Useful Life Consumption
In conjunction with historical spending patterns and observed condition data, understanding the
consumption rate of assets based on industry established useful life standards provides a more
complete profile of the state of a community’s infrastructure. Figure 28 illustrates the useful life
consumption levels as of 2016 for the municipality’s wastewater system.
Figure 28 Useful Life Consumption – Wastewater System
91% of assets have at least 10 years of useful life remaining while 1%, with a valuation of $264,000,
remain in operation beyond their useful life.
bayham_amp2_d2_1205
55
4.4 Current Asset Condition
Using replacement cost, in this section we summarize the condition of the municipality’s sanitary
services as of 2016. By default, we rely on observed field data as provided by the municipality. In
the absence of such information, age-based data is used as a proxy. The municipality has provided
condition data for all wastewater system assets.
Figure 29 Asset Condition – Wastewater System (Condition-based)
Assessed data indicates that 69% of the assets are in good to good to very good condition, while
11%, with a valuation of $3 million, are in poor to very poor condition.
bayham_amp2_d2_1205
56
4.5 Forecasting Replacement Needs
In this section, we illustrate the short-, medium- and long-term infrastructure spending requirements (replacement only) for the
municipality’s wastewater system assets. The backlog is the aggregate investment in infrastructure that was deferred over previous years
or decades. In the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful life.
Figure 30 Forecasting Replacement Needs – Wastewater System
In addition to a backlog of $456,000, replacement needs are forecasted to be $444,000 in the next five years, and an additional $1.2
million will be required from 2022 to 2026. The municipality’s annual requirements (indicated by the black line) for its wastewater assets
total $420,000. At this level, funding would be sustainable and replacement needs could be met as they arise without the need for
deferring projects. The municipality is currently allocating $423,000 towards the Sanitary Sewer Network creating an annual surplus of
$3000. See the ‘Financial Strategy’ section for achieving a more optimal and sustainable funding level. Further, while fulfilling the annual
bayham_amp2_d2_1205
57
requirements will position the municipality to meet its future replacement needs, injection of additional revenues will be needed to
mitigate existing infrastructure backlogs.
bayham_amp2_d2_1205
58
4.6 Recommendations – Wastewater System
Condition data indicates a backlog of $465,000 and 10-year replacement needs of $1.6 million.
The municipality should continue its condition assessment program of its wastewater assets to
precisely estimate its financial requirements and field needs. See Section 2, ‘Condition
Assessment Programs’ in the ‘Asset Management Strategies’ chapter.
The data collected through condition assessment programs should be integrated into a risk
management framework which will guide prioritization of short, medium, and long term
replacement needs. See Section 4, ‘Risk’ in the ‘Asset Management Strategies’ chapter for more
information.
In addition to the above, a tailored lifecycle activity framework should be developed to promote
standard lifecycle management of the wastewater system as outlined further within the “Asset
Management Strategy” section of this AMP.
Wastewater collection system key performance indicators should be established and tracked
annually as part of an overall level of service model. See Section VII ‘Levels of Service’.
The municipality should assess its short-, medium- and long-term operations and maintenance
needs. An appropriate percentage of the replacement costs should then be allocated for the
municipality’s O&M requirements.
The municipality is funding all of its long-term requirements on an annual basis. See the
‘Financial Strategy’ section on how to achieve more sustainable and optimal funding levels.
bayham_amp2_d2_1205
59
5. Storm Network
5.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost
Table 10 illustrates key asset attributes for the municipality’s storm network, including quantities of various assets, their useful life, their
replacement cost, and the valuation method by which the replacement costs were derived. In total, the municipality’s storm network
assets are valued at $19 million based on 2016 replacement costs. The useful life indicated for each asset type below was assigned by the
municipality.
Table 10 Asset Inventory – Storm Network
Asset Type Asset Component Quantity Useful Life in Years Valuation Method 2016
Replacement Cost
Storm Network Storm Water Network 2 40 User-Defined Cost $19,000,000
Total $19,000,000
bayham_amp2_d2_1205
60
Figure 31 Asset Valuation – Storm Network
bayham_amp2_d2_1205
61
5.2 Historical Investment in Infrastructure
Figure 32 shows the municipality’s historical investments in its storm network since 1950. While observed condition data will provide
superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such inf ormation,
understanding past expenditure patterns and current useful life consumption levels (Section 5.3) can inform the forecasting and planning
of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of
December 31, 2016.
Figure 32 Historical Investment – Storm Network
The storm water network was installed before 1985 with the largest investment taking place in the early 1970s with a valuation of $14
million with a focus on storm mains.
bayham_amp2_d2_1205
62
5.3 Useful Life Consumption
In conjunction with historical spending patterns and observed condition data, understanding the
consumption rate of assets based on industry established useful life standards provides a more
complete profile of the state of a community’s infrastructure. Figure 33 illustrates the useful life
consumption levels as of 2016 for the municipality’s storm assets.
Figure 33 Useful Life Consumption – Storm Network
26% of the assets have up to 5 years of useful life remaining while 74%, with a valuation of $14
million, remain in operation beyond their useful life.
bayham_amp2_d2_1205
63
5.4 Current Asset Condition
Using replacement cost, in this section we summarize the condition of the municipality’s storm
services. By default, we rely on observed field data as provided by the municipality. In the absence
of such information, age-based data is used as a proxy. The municipality has provided 100%
condition data for its storm network assets.
Figure 34 Asset Condition – Storm Network (Condition-based)
Based on assessed data, all the storm network assets are in very poor condition.
bayham_amp2_d2_1205
64
5.5 Forecasting Replacement Needs
In this section, we illustrate the short-, medium- and long-term infrastructure spending requirements (replacement only) for the
municipality’s storm assets. The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades.
In the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful life.
Figure 35 Forecasting Replacement Needs – Storm Network
Assessed data shows a backlog of $14 million and ten-year replacement needs of $5 million. The municipality’s annual requirements
(indicated by the black line) for storm assets total $475,000. At this funding level, the municipality would be allocating sufficient funds on
an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure
deficits. The municipality is currently allocating $75,000 towards the storm network leaving an annual deficit of $400,000. See the
‘Financial Strategy’ section for achieving a more optimal and sustainable funding level. Further, while fulfilling the annual requirements
will position the municipality to meet its future replacement needs, injection of additional revenues will be needed to mitigate existing
infrastructure backlogs.
bayham_amp2_d2_1205
65
5.6 Recommendations – Storm Network
Condition data indicates a backlog of $14 million and 10-year replacement needs of $5 million.
The municipality should continue its condition assessment program of its storm assets to
precisely estimate its financial requirements and field needs. See Section 2, ‘Condition
Assessment Programs’ in the ‘Asset Management Strategies’ chapter.
Using the above information, the municipality should assess its short-, medium- and long-term
capital, and operations and maintenance needs.
An appropriate percentage of the replacement value of the assets should then be allocated for
the municipality’s O&M requirements.
Storm network key performance indicators should be established and tracked annually as part
of an overall level of service model. See Section VII ‘Levels of Service’.
The municipality is funding 16% of its long-term requirements on an annual basis. See the
‘Financial Strategy’ section on how to achieve more sustainable and optimal funding levels.
bayham_amp2_d2_1205
66
6. Buildings & Facilities
6.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost
Table 11 illustrates key asset attributes for the municipality’s buildings & facilities, including quantities of various assets, their useful life,
their replacement cost, and the valuation method by which the replacement costs were derived. In total, the municipality’s buildings
assets are valued at $5.8 million based on 2016 replacement costs. The useful life indicated for each asset type below was assigned by the
municipality.
Table 11 Key Asset Attributes – Buildings & Facilities
Asset Type Asset Component Quantity Useful Life in Years Valuation Method 2016 Replacement Cost
Buildings
HVAC 14 20 User Defined Cost $643,999
Interior 8 35 User Defined Cost $1,668,118
Roof 7 15 User Defined Cost $418,864
Services 8 30 User Defined Cost $990,158
Shell 8 55 User Defined Cost $1,200,929
Substructure 9 95 User Defined Cost $947,649
Total $5,869,717
bayham_amp2_d2_1205
67
Figure 36 Asset Valuation – Buildings & Facilities
bayham_amp2_d2_1205
68
6.2 Historical Investment in Infrastructure
Figure 37 shows the municipality’s historical investments in its buildings & facilities since 1950. While observed condition data will
provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such
information, understanding past expenditure patterns and current useful life consumption levels (Section 6.3) can inform the forecasting
and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset
inventory as of December 31, 2016.
Figure 37 Historical Investment – Buildings & Facilities
The municipality’s investments into its building assets has fluctuated starting in 1980. In 2016, the period of largest investment, $2.2
million was invested into the building assets with a focus on interiors.
bayham_amp2_d2_1205
69
6.3 Useful Life Consumption
In conjunction with historical spending patterns and observed condition data, understanding the
consumption rate of assets based on industry established useful life standards provides a more
complete profile of the state of a community’s infrastructure. Figure 38 illustrates the useful life
consumption levels as of 2016 for the municipality’s buildings assets.
Figure 38 Useful Life Consumption – Buildings & Facilities
80% of buildings assets have at least 10 years of useful life remaining; 10%, with a valuation of
$612,000 remain in operation beyond their established useful life.
bayham_amp2_d2_1205
70
6.4 Current Asset Condition
Using replacement cost, in this section we summarize the condition of the municipality’s buildings
assets. By default, we rely on observed field data as provided by the municipality. In the absence of
such information, age-based data is used as a proxy. The municipality has provided condition data
for 100% of its structures.
Figure 39 Asset Condition – Buildings & Facilities (Condition-based)
63% of buildings assets, with a valuation of $3.7 million, are in good to very good condition; 17%
are in poor to very poor condition.
bayham_amp2_d2_1205
71
6.5 Forecasting Replacement Needs
In this section, we illustrate the short-, medium- and long-term infrastructure spending requirements (replacement only) for the
municipality’s buildings assets. The backlog is the aggregate investment in infrastructure that was deferred over previous years or
decades. In the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful life.
Figure 40 Forecasting Replacement Needs – Buildings & Facilities
Condition data indicates a backlog of $865,000 and minimal ten-year replacement needs of $153,000. The municipality’s annual
requirements (indicated by the black line) for its buildings total $173,000. At this funding level, the municipality would be allocating
sufficient funds on an annual basis to meet replacement needs as they arise without the need for deferring projects and accruing annual
infrastructure deficits. The municipality is currently allocating $200,000, leaving an annual surplus of $27,000. See the ‘Financial Strategy’
section for achieving a more optimal and sustainable funding level. Further, injection of additional revenues will be needed to mitigate
existing infrastructure backlogs.
bayham_amp2_d2_1205
72
6.6 Recommendations – Buildings & Facilities
The municipality should continue its condition inspection program for its buildings & facilities
to precisely estimate future financial needs. See Section 2, ‘Condition Assessment Programs’ in
the ‘Asset Management Strategies’ chapter.
The data collected through condition assessment programs should be integrated into a risk
management framework which will guide prioritization of short, medium, and long term
replacement needs. See Section 4, ‘Risk’ in the ‘Asset Management Strategies’ chapter for more
information.
In addition to the above, a tailored lifecycle activity framework should be developed to promote
standard lifecycle management of buildings & facilities as outlined further within the “Asset
Management Strategy” section of this AMP.
Using the above information, the municipality should assess its short-, medium- and long-term
capital, and operations and maintenance needs.
An appropriate percentage of the replacement costs should then be allocated for the
municipality’s O&M requirements.
Facility key performance indicators should be established and tracked annually as part of an
overall level of service model. See Chapter VII, ‘Levels of Service’.
The municipality is funding all of its long-term requirements on an annual basis. See the
‘Financial Strategy’ section on how to achieve more sustainable and optimal funding levels.
bayham_amp2_d2_1205
73
7. Machinery & Equipment
7.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost
Table 12 illustrates key asset attributes for the municipality’s machinery & equipment, including quantities of various assets, their useful
life, their replacement cost, and the valuation method by which the replacement costs were derived. In total, the municipality’s machinery
& equipment assets are valued at $1.1 million based on 2016 replacement costs. The useful life indicated for each asset type below was
assigned by the municipality.
Table 12 Asset Inventory – Machinery & Equipment
Asset Type Components Quantity Useful Life in Years Valuation Method 2016
Replacement Cost
Machinery &
Equipment
Facility Equipment 5 20 User Defined $42,000
Fire Equipment 304 10, 15, 20, 25 User Defined $532,600
IT 31 5, 10 User Defined $199,000
Public Works Equipment 161 10, 15, 20, 25, 30 User Defined $372,600
Total $1,146,200
bayham_amp2_d2_1205
74
Figure 41 Asset Valuation – Machinery & Equipment
bayham_amp2_d2_1205
75
7.2 Historical Investment in Machinery & Equipment
Figure 42 shows the municipality’s historical investments in its machinery & equipment since 1950. While observed condition data will
provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such
information, understanding past expenditure patterns and current useful life consumption levels (Section 7.3) can inform the forecasting
and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset
inventory as of December 31, 2016.
Figure 42 Historical Investment – Machinery & Equipment
The municipality rapidly expanded its machinery & equipment portfolio beginning in the early 2000s. Between 2005 and 2016, the period
of largest investment, $942,000 was invested in the machinery and equipment category.
bayham_amp2_d2_1205
76
7.3 Useful Life Consumption
In conjunction with historical spending patterns and observed condition data, understanding the
consumption rate of assets based on industry established useful life standards provides a more
complete profile of the state of a community’s infrastructure. Figure 43 illustrates the useful life
consumption levels as of 2016 for the municipality’s machinery & equipment assets.
Figure 43 Useful Life Consumption – Machinery & Equipment
While 43% of assets have at least 10 years of useful life remaining, 6%, with a valuation of $65,000,
remain in operation beyond their useful life. An additional 13% will reach the end of their useful life
within the next five years.
bayham_amp2_d2_1205
77
7.4 Current Asset Condition
Using replacement cost, in this section we summarize the condition of the municipality’s machinery
& equipment assets as of 2016. By default, we rely on observed field data as provided by the
municipality. In the absence of such information, age-based data is used as a proxy. The
municipality has provided condition data for 100% of its machinery & equipment assets
Figure 44 Asset Condition – Machinery & Equipment (Condition-based)
Based on assessed data, 12% of assets, with a valuation of $138,000, are in poor to very poor
condition; 59% are in good to very good condition.
bayham_amp2_d2_1205
78
7.5 Forecasting Replacement Needs
In this section, we illustrate the short-, medium- and long-term infrastructure spending requirements (replacement only) for the
municipality’s machinery & equipment assets. The backlog is the aggregate investment in infrastructure that was deferred over previous
years or decades. In the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful
life.
Figure 45 Forecasting Replacement Needs – Machinery & Equipment
In addition to a backlog of $82,000, the municipality’s replacement needs total $137,000 in the next five years. An additional $536,000 will
be required between 2022-2026. The municipality’s annual requirements (indicated by the black line) for its machinery & equipment
total $82,000. At this funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as
they arise without the need for deferring projects and accruing annual infrastructure deficits. However, the municipality is currently
allocating $10,000, leaving an annual deficit of $72,000. See the ‘Financial Strategy’ section for maintaining a sustainable funding level.
bayham_amp2_d2_1205
79
Further, while fulfilling the annual requirements will position the municipality to meet its future replacement needs, injection of
additional revenues will be needed to mitigate existing infrastructure backlogs.
bayham_amp2_d2_1205
80
7.6 Recommendations – Machinery & Equipment
Condition data indicates a backlog of $82,000 and 10-year replacement needs of $673,000. The
municipality should continue its condition assessment program of its machinery & equipment
assets to precisely estimate its financial requirements and field needs. See Section 2, ‘Condition
Assessment Programs’ in the ‘Asset Management Strategies’ chapter.
Using the above information, the municipality should assess its short-, medium- and long-term
capital, and operations and maintenance needs.
An appropriate percentage of the replacement costs should then be allocated for the
municipality’s O&M requirements.
The municipality is funding 12% of its long-term requirements on an annual basis. See the
‘Financial Strategy’ section on how to maintain sustainable and optimal funding levels.
bayham_amp2_d2_1205
81
8. Land Improvements
8.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost
Table 13 illustrates key asset attributes for the municipality’s land improvements, including quantities of various assets, their useful life,
their replacement cost, and the valuation method by which the replacement costs were derived. In total, the municipality’s land
improvements assets are valued at $1.4 million based on 2016 replacement costs. The useful life indicated for each asset type below was
assigned by the municipality.
Table 13 Asset Inventory – Land Improvements
Asset Type Components Quantity Useful Life in Years Valuation Method 2016
Replacement Cost
Land
Improvements
Ball Diamonds 1 20 User-Defined Cost $89,236
Fencing 2 20 User-Defined Cost $11,076
Lighting 2 20 User-Defined Cost $62,819
Parking Lot 6 20 User-Defined Cost $141,921
Pavilion 2 20 User-Defined Cost $24,495
Pier 2 20 User-Defined Cost $482,571
Playground Equipment 8 20 User-Defined Cost $466,017
Recycling Amenities 30 20 User-Defined Cost $30,355
Skatepark 1 20 User-Defined Cost $55,400
Stairs 1 20 User-Defined Cost $11,207
Tennis Court 1 20 User-Defined Cost $15,092
Well 1 20 User-Defined Cost $7,507
Total $1,397,696
bayham_amp2_d2_1205
82
Figure 46 Asset Valuation – Land Improvements
bayham_amp2_d2_1205
83
8.2 Historical Investment in Infrastructure
Figure 47 shows the municipality’s historical investments in its land improvements since 1950. While observed condition data will
provide superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such
information, understanding past expenditure patterns and current useful life consumption levels (Section 8.3) can inform the forecasting
and planning of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset
inventory as of December 31, 2016.
Figure 47 Historical Investment – Land Improvements
Expenditures in land improvements have fluctuated across the decades. Between 2005 and 2014, the period of largest investment, $1
million was invested with a focus on piers and playground equipment.
bayham_amp2_d2_1205
84
8.3 Useful Life Consumption
In conjunction with historical spending patterns and observed condition data, understanding the
consumption rate of assets based on industry established useful life standards provides a more
complete profile of the state of a community’s infrastructure. Figure 48 illustrates the useful life
consumption levels as of 2016 for the municipality’s land improvement assets.
Figure 48 Useful Life Consumption – Land Improvements
71% of the municipality’s land improvement assets, with a valuation of $994,000, have at least 10
years of useful life remaining. An additional 17% will remain in operation beyond their established
useful life.
bayham_amp2_d2_1205
85
8.4 Current Asset Condition
Using replacement cost, in this section we summarize the condition of the municipality’s land
improvement assets. By default, we rely on observed field data as provided by the municipality. In
the absence of such information, age-based data is used as a proxy. The municipality has provided
condition data for all land improvement assets.
Figure 49 Asset Condition - Land Improvements (Condition-based)
Based on assessed data, 71% of the municipality’s land improvement assets, with a valuation of
$994,000, are in good to very good condition; 20% are in poor to very poor condition.
bayham_amp2_d2_1205
86
8.5 Forecasting Replacement Needs
In this section, we illustrate the short-, medium- and long-term infrastructure spending requirements (replacement only) for the
municipality’s land improvements assets. The backlog is the aggregate investment in infrastructure that was deferred over previous years
or decades. In the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful life.
Figure 50 Forecasting Replacement Needs – Land Improvements
Based on assessed data there is a backlog $238,000 and the municipality’s replacement needs total $45,000 in the next five years.
Additionally, replacement needs will total $120,000 between 2022-2026. The municipality’s annual requirements (indicated by the black
line) for its land improvements total $55,000. At this funding level, the municipality would be allocating sufficient funds on an annual
basis to meet replacement needs as they arise without the need for deferring projects and accruing annual infrastructure deficits.
However, the municipality is currently allocating $10,000, leaving an annual deficit of $45,000. See the ‘Financial Strategy’ section for
bayham_amp2_d2_1205
87
achieving a more optimal and sustainable funding level. Further, while fulfilling the annual requirements will position the municipality to
meet its future replacement needs, injection of additional revenues will be needed to mitigate existing infrastructure backlogs.
bayham_amp2_d2_1205
88
8.6 Recommendations – Land Improvements
The municipality should continue its condition assessment program for its land improvement
assets to precisely estimate financial needs. See Section 2, ‘Condition Assessment Programs’ in
the ‘Asset Management Strategies’ chapter.
The data collected through condition assessment programs should be integrated into a risk
management framework which will guide prioritization of short, medium, and long term
replacement needs. See Section 4, ‘Risk’ in the ‘Asset Management Strategies’ chapter for more
information.
Using the above information, the municipality should assess its short-, medium- and long-term
capital and operations and maintenance needs.
An appropriate percentage of the replacement costs should then be allocated for the
municipality’s O&M requirements.
The municipality is funding 18% of its long-term replacement needs on an annual basis. See the
‘Financial Strategy’ section on how to achieve more sustainable and optimal funding levels
bayham_amp2_d2_1205
89
9. Vehicles
9.1 Asset Portfolio: Quantity, Useful Life and Replacement Cost
Table 14 illustrates key asset attributes for the municipality’s vehicles portfolio, including quantities of various assets, their useful life,
their replacement cost, and the valuation method by which the replacement costs were derived. In total, the municipality’s vehicles assets
are valued at $5.4 million based on 2016 replacement costs. The useful life indicated for each asset type below was assigned by the
municipality.
Table 14 Asset Inventory – Vehicles
Asset Type Components Quantity Useful Life in Years Valuation Method 2016
Replacement Cost
Vehicles
Construction 6 15, 20 User-Defined Cost $1,620,000
Fire Truck 6 20 User-Defined Cost $2,081,000
Pick Up Truck 7 10 User-Defined Cost $290,000
Tandem Truck 4 10 User-Defined Cost $1,400,000
Total $5,391,000
bayham_amp2_d2_1205
90
Figure 51 Asset Valuation – Vehicles
bayham_amp2_d2_1205
91
9.2 Historical Investment in Infrastructure
Figure 52 shows the municipality’s historical investments in its vehicles portfolio since 1950. While observed condition data will provide
superior accuracy in estimating replacement needs and should be incorporated into strategic plans, in the absence of such inf ormation,
understanding past expenditure patterns and current useful life consumption levels (Section 9.3) can inform the forecasting and planning
of infrastructure needs and in the development of a capital program. Note that this graph only includes the active asset inventory as of
December 31, 2016.
Figure 52 Historical Investment – Vehicles
Investments in vehicles began in the early 2000s. In 2005-2009, the period of largest investment, $2.7 million was invested with $1.7
million put into fire trucks.
bayham_amp2_d2_1205
92
9.3 Useful Life Consumption
In conjunction with historical spending patterns and observed condition data, understanding the
consumption rate of assets based on industry established useful life standards provides a more
complete profile of the state of a community’s infrastructure. Figure 53 illustrates the useful life
consumption levels as of 2016 for the municipality’s vehicles.
Figure 53 Useful Life Consumption – Vehicles
50% of assets have at least 10 years of useful life remaining. An additional 9% will reach the end of
their useful life within the next five years.
bayham_amp2_d2_1205
93
9.4 Current Asset Condition
Using replacement cost, in this section, we summarize the condition of the municipality’s vehicles
assets as of 2015. By default, we rely on observed field data as provided by the municipality. In the
absence of such information, age-based data is used as a proxy. The municipality has provided
condition data for 100% of all its vehicles.
Figure 54 Asset Condition – Vehicles (Condition-based)
Condition data shows that 8% of the municipality’s vehicle assets are in poor to very poor
condition; 81%, with a valuation of $4.4 million are in good to very good condition.
bayham_amp2_d2_1205
94
9.5 Forecasting Replacement Needs
In this section, we illustrate the short-, medium- and long-term infrastructure spending requirements (replacement only) for the
municipality’s vehicles assets. The backlog is the aggregate investment in infrastructure that was deferred over previous years or decades.
In the absence of observed data, the backlog represents the value of assets that remain in operation beyond their useful life.
Figure 55 Forecasting Replacement Needs – Vehicles
In addition to a backlog of $350,000, replacement needs will total over $140,000 over the next five years; an additional $1.7 million will be
required between 2022-2026. The municipality’s annual requirements (indicated by the black line) for its vehicles total $379,000. At this
funding level, the municipality would be allocating sufficient funds on an annual basis to meet replacement needs as they arise without the
need for deferring projects and accruing annual infrastructure deficits. However, the municipality is not allocating any funds to this
category, leaving an annual deficit of $379,000. See the ‘Financial Strategy’ section for achieving a more optimal and sustainable funding
level. Further, while fulfilling the annual requirements will position the municipality to meet its future replacement needs, injection of
additional revenues will be needed to mitigate existing infrastructure backlogs.
bayham_amp2_d2_1205
95
9.6 Recommendations – Vehicles
The municipality should continue its condition assessment program for its vehicle assets to
precisely estimate financial needs. See Section 2, ‘Condition Assessment Programs’ in the ‘Asset
Management Strategies’ chapter.
Using the above information, the municipality should assess its short-, medium- and long-term
capital and operations and maintenance needs.
An appropriate percentage of the replacement costs should then be allocated for the
municipality’s O&M requirements.
The municipality is not currently allocating any funding to replacement needs on an annual
basis. See the ‘Financial Strategy’ section on how to achieve more sustainable and optimal
funding levels.
bayham_amp2_d2_1205
96
VII. Levels of Service
The two primary risks to a municipality’s financial sustainability are the total lifecycle costs of
infrastructure, and establishing levels of service (LOS) that exceed its financial capacity. In this
regard, municipalities face a choice: overpromise and underdeliver; under promise and overdeliver;
or promise only that which can be delivered efficiently without placing inequitable burden on
taxpayers. In general, there is often a trade-off between political expedience and judicious, long-
term fiscal stewardship.
Developing realistic LOS using meaningful key performance indicators (KPIs) can be instrumental
in managing citizen expectations, identifying areas requiring higher investments, driving
organizational performance and securing the highest value for money from public assets. However,
municipalities face diminishing returns with greater granularity in their LOS and KPI framework.
That is, the objective should be to track only those KPIs that are relevant and insightful and reflect
the priorities of the municipality.
1. Guiding Principles for Developing LOS
Beyond meeting regulatory requirements, levels of service established should support the intended
purpose of the asset and its anticipated impact on the community and the municipality. LOS
generally have an overarching corporate description, a customer oriented description, and a
technical measurement. Many types of LOS, e.g., availability, reliability, safety, responsiveness and
cost effectiveness, are applicable across all service areas in a municipality. The following LOS
categories are established as guiding principles for the LOS that each service area in the
municipality should strive to provide internally to the municipality and to residents/customers.
These are derived from the Town of Whitby’s Guide to Developing Service Area Asset Management
Plans.
Table 15 LOS Categories
LOS Category Description
Reliable Services are predictable and continuous; services of sufficient capacity are convenient and
accessible to the entire community.
Cost Effective Services are provided at the lowest possible cost for both current and future customers, for a
required level of service, and are affordable.
Responsive
Opportunities for community involvement in decision making are provided; and customers are
treated fairly and consistently, within acceptable timeframes, demonstrating respect, empathy and
integrity.
Safe Services are delivered such that they minimize health, safety and security risks.
Suitable Services are suitable for the intended function (fit for purpose).
Sustainable Services preserve and protect the natural and heritage environment.
bayham_amp2_d2_1205
97
2. Key Performance Indicators and Targets
In this section, we identify industry standard KPIs for major infrastructure classes that the
municipality can incorporate into its performance measurement and for tracking its progress over
future iterations of its AMPs. The municipality should develop appropriate and achievable targets
that reflect evolving demand on infrastructure, its fiscal capacity and the overall corporate
objectives.
Table 16 Key Performance Indicators – Road Network and Bridges & Culverts
Level KPI (Reported Annually)
Strategic
Percentage of total reinvestment compared to asset replacement value
Completion of strategic plan objectives (related to roads, and bridges & culverts)
Financial
Indicators
Annual revenues compared to annual expenditures
Annual replacement value depreciation compared to annual expenditures
Cost per capita for roads, and bridges & culverts
Maintenance cost per square metre
Revenue required to maintain annual network growth
Total cost of borrowing vs. total cost of service
Tactical
Overall Bridge Condition Index (BCI) as a percentage of desired BCI
Percentage of road network rehabilitated/reconstructed
Percentage of paved road lane kilometres rated as poor to very poor
Percentage of bridges and large culverts rated as poor to very poor
Percentage of asset class value spent on O&M
Operational
Indicators
Percentage of roads inspected within the last five years
Percentage of bridges and large culverts inspected within the last two years
Operating costs for paved lane per kilometres
Operating costs for bridge and large culverts per square metre
Percentage of customer requests with a 24-hour response rate
bayham_amp2_d2_1205
98
Table 17 Key Performance Indicators – Buildings & Facilities
Table 18 Key Performance Indicators – Vehicles
Level KPI (Reported Annually)
Strategic
Percentage of total reinvestment compared to asset replacement value
Completion of strategic plan objectives (related to buildings & facilities)
Financial
Indicators
Annual revenues compared to annual expenditures
Annual replacement value depreciation compared to annual expenditures
Revenue required to meet growth related demand
Repair and maintenance costs per square metre
Energy, utility and water cost per square metre
Tactical
Percentage of component value replaced
Percent of facilities rated poor or critical
Percentage of facilities replacement value spent on O&M
Facility utilization rate
𝑈𝑟�ℎ𝑙�ℎ𝑧𝑎𝑟�ℎ𝑛𝑛 𝑅𝑎𝑟𝑐=𝑂𝑎𝑎𝑟𝑝𝑖𝑎𝑎 𝑆𝑝𝑎𝑎𝑎
𝐹𝑎𝑎𝑖𝑙𝑖𝑟𝑦 𝑈𝑟𝑎𝑎𝑙𝑎 𝐴𝑟𝑎𝑎
Operational
Indicators
Percentage of facilities inspected within the last five years
Number/type of service requests
Percentage of customer requests addressed within 24 hours
Level KPI (Reported Annually)
Strategic
Percentage of total reinvestment compared to asset replacement value
Completion of strategic plan objectives (related to vehicles)
Financial
Indicators
Annual revenues compared to annual expenditures
Annual replacement value depreciation compared to annual expenditures
Cost per capita for vehicles
Revenue required to maintain annual fleet portfolio growth
Total cost of borrowing vs. total cost of service
Tactical
Percentage of all vehicles replaced
Average age of vehicles
Percent of vehicles rated poor or critical
Percentage of vehicles replacement value spent on O&M
Operational
Indicators
Average downtime per vehicles category
Average utilization per vehicles category and/or each vehicle
Ratio of preventative maintenance repairs vs. reactive repairs
Percent of vehicles that received preventative maintenance
Number/type of service requests
Percentage of customer requests addressed within 24 hours
bayham_amp2_d2_1205
99
Table 19 Key Performance Indicators – Water, Sanitary and Storm Networks
Level KPI (Reported Annually)
Strategic Percentage of total reinvestment compared to asset replacement value
Completion of strategic plan objectives (related to water, sanitary and storm)
Financial
Indicators
Annual revenues compared to annual expenditures
Annual replacement value depreciation compared to annual expenditures
Total cost of borrowing compared to total cost of service
Revenue required to maintain annual network growth
Tactical
Percentage of water, sanitary and storm network rehabilitated/reconstructed
Annual percentage of growth in water, sanitary and storm network
Percentage of mains where the condition is rated poor or critical for each network
Percentage of water, sanitary and storm network replacement value spent on O&M
Operational
Indicators
Percentage of water, sanitary and storm network inspected
Operating costs for the collection of wastewater per kilometre of main
Number of wastewater main backups per 100 kilometres of main
Operating costs for storm water management (collection, treatment, and disposal) per
kilometre of drainage system.
Operating costs for the distribution/transmission of drinking water per kilometre of water
distribution pipe
Number of days when a boil water advisory issued by the medical officer of health, applicable
to a municipal water supply, was in effect
Number of water main breaks per 100 kilometres of water distribution pipe in a year
Number of customer requests received annually per water, sanitary and storm
Percentage of customer requests addressed within 24 hours per water, sanitary and storm
network
bayham_amp2_d2_1205
100
Table 20 Key Performance Indicators – Machinery & Equipment
Table 21 Key Performance Indicators – Land Improvements
Level KPI (Reported Annually)
Strategic
Percentage of total reinvestment compared to asset replacement value
Completion of strategic plan objectives (related to machinery & equipment)
Financial
Indicators
Annual revenues compared to annual expenditures
Annual replacement value depreciation compared to annual expenditures
Cost per capita for machinery & equipment
Revenue required to maintain annual portfolio growth
Total cost of borrowing vs. total cost of service
Tactical
Percentage of all machinery & equipment replaced
Average age of machinery & equipment assets
Percent of machinery & equipment rated poor or critical
Percentage of vehicles replacement value spent on O&M
Operational
Indicators
Average downtime per machinery & equipment asset
Ratio of preventative maintenance repairs vs. reactive repairs
Percent of machinery & equipment that received preventative maintenance
Number/type of service requests
Level KPI (Reported Annually)
Strategic Percentage of total reinvestment compared to asset replacement value
Completion of strategic plan objectives (related to land improvements)
Financial
Indicators
Annual revenues compared to annual expenditures
Annual replacement value depreciation compared to annual expenditures
Cost per capita for supplying parks, playgrounds, etc.
Repair and maintenance costs per square metre
Tactical
Percent of land improvements rated poor or critical
Percentage of replacement value spent on O&M
Parkland per capita
Operational
Indicators
Percentage of land improvements inspected within the last five years
Number/type of service requests
Percentage of customer requests addressed within 24 hours
bayham_amp2_d2_1205
101
3. Future Performance
In addition to a municipality’s financial capacity and legislative requirements, many factors,
internal and external, can influence the establishment of LOS and their associated KPI. These can
include the municipality’s overarching mission as an organization, the current state of its
infrastructure and the wider social, political and macroeconomic context. The following factors
should inform the development of most levels of service targets and their associated KPIs:
Strategic Objectives and Corporate Goals
The municipality’s long-term direction is outlined in its corporate and strategic plans. This
direction will dictate the types of services it aims to deliver to its residents and the quality of those
services. These high-level goals are vital in identifying strategic (long-term) infrastructure
priorities and as a result, the investments needed to produce desired levels of service.
State of the Infrastructure
The current state of capital assets will determine the quality of services the municipality can deliver
to its residents. As such, levels of service should reflect the existing capacity of assets to deliver
those services, and may vary (increase) with planned maintenance, rehabilitation or replacement
activities and timelines.
Community Expectations
The general public will often have qualitative and quantitative insights regarding the levels of
service a particular asset or a network of assets should deliver, e.g., what a road in ‘good’ condition
should look like or the travel time between destinations. The public should be consulted in
establishing LOS; however, the discussions should be centered on clearly outlining the lifecycle
costs associated with delivering any improvements in LOS.
Economic Trends
Macroeconomic trends will have a direct impact on the LOS for most infrastructure services. Fuel
costs, fluctuations in interest rates and the purchasing power of the Canadian dollar can impede or
accelerate any planned growth in infrastructure services.
Demographic Changes
The composition of residents in a municipality can also serve as an infrastructure demand driver,
and as a result, can change how a municipality allocates its resources (e.g., an aging population may
require diversion of resources from parks and sports facilities to additional wellbeing centers).
Population growth is also a significant demand driver for existing assets (lowering LOS), and may
require the municipality to construct new infrastructure to parallel community expectations.
Environmental Change
Forecasting for infrastructure needs based on climate change remains an imprecise science.
However, broader environmental and weather patterns have a direct impact on the reliability of
critical infrastructure services.
bayham_amp2_d2_1205
102
4. Monitoring, Updating and Actions
The municipality should collect data on its current performance against the KPIs listed and
establish targets that reflect the current fiscal capacity of the municipality, its corporate and
strategic goals, and as feasible, changes in demographics that may place additional demand on its
various asset classes. For some asset classes, e.g., minor equipment, furniture, etc., cursory levels of
service and their respective KPIs will suffice. For major infrastructure classes, detailed technical
and customer-oriented KPIs can be critical. Once this data is collected and targets are established,
the progress of the municipality should be tracked annually.
bayham_amp2_d2_1205
103
VIII. Asset Management Strategies
The asset management strategy section will outline an implementation process that can be used to
identify and prioritize renewal, rehabilitation and maintenance activities. This will assist in the
development of a 10-year capital plan, including growth projections, to ensure the best overall
health and performance of the municipality’s infrastructure. This section includes an overview of
condition assessment, the lifecycle interventions required, and prioritization techniques, including
risk, to determine which capital projects should move forward into the budget first.
bayham_amp2_d2_1205
104
1. Non-Infrastructure Solutions & Requirements
The municipality should explore, as requested through the provincial requirements, which non-
infrastructure solutions should be incorporated into the budgets for its infrastructure services.
Non-infrastructure solutions are such items as studies, policies, condition assessments,
consultation exercises, etc., that could potentially extend the life of assets or lower total asset
program costs in the future without a direct investment into the infrastructure.
Typical solutions for a municipality include linking the asset management plan to the strategic plan,
growth and demand management studies, infrastructure master plans, better integrated
infrastructure and land use planning, public consultation on levels of service and condition
assessment programs. As part of future asset management plans, a review of these requirements
should take place, and a portion of the capital budget should be dedicated for these items in each
programs budget.
It is recommended, under this category of solutions, that the municipality should develop and
implement holistic condition assessment programs for all asset classes. This will advance the
understanding of infrastructure needs, improve budget prioritization methodologies and provide a
clearer path of what is required to achieve sustainable infrastructure programs.
2. Condition Assessment Programs
The foundation of an intelligent asset management practice is based on having comprehensive and
reliable information on the current condition of the infrastructure. Municipalities need to have a
clear understanding regarding the performance and condition of their assets, as all management
decisions regarding future expenditures and field activities should be based on this knowledge. An
incomplete understanding of an asset may lead to its untimely failure or premature replacement.
Some benefits of holistic condition assessment programs within the overall asset management
process are listed below:
understanding of overall network condition leads to better management practices
allows for the establishment of rehabilitation programs
prevents future failures and provides liability protection
potential reduction in operation/maintenance costs
accurate current asset valuation
allows for the establishment of risk assessment programs
establishes proactive repair schedules and preventive maintenance programs
avoids unnecessary expenditures
extends asset service life therefore improving level of service
improves financial transparency and accountability
enables accurate asset reporting which, in turn, enables better decision making
Condition assessment can involve different forms of analysis such as subjective opinion,
mathematical models, or variations thereof, and can be completed through a very detailed or very
cursory approach. When establishing the condition assessment for an entire asset class, a cursory
approach (metrics such as good, fair, poor, very poor) is used. This is an economical strategy that
will still provide up to date information, and will allow for detailed assessment or follow-up
inspections on those assets captured as poor or critical condition later.
bayham_amp2_d2_1205
105
The Impact of Condition Assessments
In 2015, PSD published a study in partnership with the Association of Municipalities of Ontario
(AMO). The report, The State of Ontario’s Roads and Bridges: An Analysis of 93 Municipalities,
enumerated the infrastructure deficits, annual investment gaps, and the physical state of roads,
bridges and culverts with a 2013 replacement value of $28 billion.
A critical finding of the report was the dramatic difference in the condition profile of the assets
when comparing age-based estimates and actual field inspection observations. For each asset
group, field data based condition ratings were significantly higher than age-based condition ratings,
with paved roads, culverts, and bridges showing an increase in score (0-100) of +29, +30, and +23
points respectively. In other words, age-based measurements maybe underestimating the condition
of assets by as much as 30%.
Figure 56 Comparing Age-based and Assessed Condition Data
36
32
40
59
62
69
Bridges (Structure)
Culverts (Structure)
Paved Roads
Assessed Age-Based
bayham_amp2_d2_1205
106
2.1 Pavement Network
Typical industry pavement inspections are performed by consulting firms using specialized
assessment vehicles equipped with various electronic sensors and data capture equipment. The
vehicles will drive the entire road network and typically collect two different types of inspection
data: surface distress data and roughness data.
Surface distress data involves the collection of multiple industry standard surface distresses, which
are captured either electronically using sensing detection equipment mounted on the van, or
visually by the van's inspection crew. Roughness data capture involves the measurement of the
roughness of the road, measured by lasers that are mounted on the inspection van's bumper,
calibrated to an international roughness index.
Another option for a cursory level of condition assessment is for municipal road crews to perform
simple windshield surveys as part of their regular patrol. Many municipalities have created data
collection inspection forms to assist this process and to standardize what presence of defects would
constitute a good, fair, poor, or critical score. Lacking any other data for the complete road network,
this can still be seen as a good method and will assist greatly with the overall management of the
road network.
It is recommended that the municipality continue its pavement condition assessment program and
that a portion of capital funding is dedicated to this. We also recommend expansion of this program
to incorporate additional components.
2.2 Bridges & Culverts
Ontario municipalities are mandated by the Ministry of Transportation to inspect all structures that
have a span of 3 metres or more, according to the OSIM (Ontario Structure Inspection Manual).
Structure inspections must be performed by, or under the guidance of, a structural engineer, must
be performed on a biennial basis (once every two years), and include such information as structure
type, number of spans, span lengths, other key attribute data, detailed photo images, and structure
element by element inspection, rating and recommendations for repair, rehabilitation, and
replacement.
The best approach to develop a 10-year needs list for the municipality’s structure portfolio relies on
the structural engineer who performs the inspections to also produce a maintenance requirements
report, and rehabilitation & replacement requirements report as part of the overall assignment. In
addition to defining the overall needs requirements, the structural engineer should identify those
structures that will require more detailed investigations and non-destructive testing techniques.
Examples of these investigations are:
Detailed deck condition survey
Non-destructive delamination survey of asphalt covered decks
Substructure condition survey
Detailed coating condition survey
Underwater investigation
Fatigue investigation
Structure evaluation
bayham_amp2_d2_1205
107
Through the OSIM recommendations and additional detailed investigations, a 10-year needs list can
be developed for the municipality’s bridges.
2.3 Buildings & Facilities
The most popular and practical type of buildings & facilities assessment involves qualified groups of
trained industry professionals (engineers or architects) performing an analysis of the condition of a
group of facilities and their components, that may vary in terms of age, design, construction
methods and materials. This analysis can be done by walk-through inspection (the most accurate
approach), mathematical modeling or a combination of both. The following asset classifications are
typically inspected:
Site Components – property around the facility and outdoor components such as utilities,
signs, stairways, walkways, parking lots, fencing, courtyards and landscaping
Structural Components – physical components such as the foundations, walls, doors,
windows, roofs
Electrical Components – all components that use or conduct electricity such as wiring,
lighting, electric heaters, and fire alarm systems
Mechanical Components – components that convey and utilize all non-electrical utilities
within a facility such as gas pipes, furnaces, boilers, plumbing, ventilation, and fire extinguishing
systems
Vertical Movement – components used for moving people between floors of buildings such as
elevators, escalators and stair lifts
Once collected, this information can be uploaded into the CityWide®, the municipality’s asset
management and asset registry software database in order for short- and long-term repair,
rehabilitation and replacement reports to be generated to assist with programming the short- and
long-term maintenance and capital budgets.
It is recommended that the municipality continue its inspection of structures and expand its
condition assessment program for other segments. It is also recommended that a portion of capital
funding is dedicated to this.
2.4 Vehicles and Machinery & Equipment
The typical approach to optimizing the maintenance expenditures of vehicles and machinery &
equipment, is through routine vehicle and component inspections, routine servicing, and a routine
preventative maintenance program. Most makes and models of vehicles and machinery assets are
supplied with maintenance manuals that define the appropriate schedules and routines for typical
maintenance and servicing, and also more detailed restoration or rehabilitation protocols.
The primary goal of sound maintenance is to avoid or mitigate the consequence of failure of
equipment or parts. An established preventative maintenance program serves to ensure this, as it
will consist of scheduled inspections and follow up repairs of vehicles and machinery & equipment
in order to decrease breakdowns and excessive downtimes.
A good preventative maintenance program will include partial or complete overhauls of equipment
at specific periods, including oil changes, lubrications, fluid changes and so on. In addition, workers
can record equipment or part deterioration so they can schedule to replace or repair worn parts
before they fail.
bayham_amp2_d2_1205
108
The ideal preventative maintenance program would move progressively further away from reactive
repairs and instead towards the prevention of all equipment failure before it occurs.
It is recommended that a preventative maintenance routine is defined and established for all
vehicles and machinery & equipment assets, and that a software application is utilized for the
overall management of the program.
2.5 Water System
Unlike sewer mains, it is often prohibitively difficult to inspect water mains from the inside due to
the constant and high-pressure flow of water. A physical inspection requires a disruption of service
to residents, can be an expensive exercise and is time consuming to set up. It is recommended
practice that physical inspection of water mains typically occurs only for high-risk, large
transmission mains within the system, and only when there is a requirement. There are a number
of high tech inspection techniques in the industry for large diameter pipes but these should be
researched first for applicability as they are quite expensive. Examples include remote eddy field
current (RFEC), ultrasonic and acoustic techniques, impact echo (IE), and Georadar.
For the majority of pipes within the distribution network, gathering key information in regards to
the main and its environment can supply the best method to determine a general condition. Key
data that may be used, along with weighting factors, to determine an overall condition score include
age, material type, breaks, hydrant flow inspections and soil condition.
It is recommended that the municipality continue its watermain assessment program, and that
funds are budgeted for this.
2.6 Sewer Network Inspection (Sanitary and Storm)
The most popular and practical type of sanitary and storm sewer assessment is the use of Closed
Circuit Television Video (CCTV). The process involves a small robotic crawler vehicle with a CCTV
camera attached that is lowered down a maintenance hole into the sewer main to be inspected.
The vehicle and camera then travel the length of the pipe, providing a live video feed to a truck on
the road above where a technician/inspector records defects and information regarding the pipe. A
wide range of construction or deterioration problems can be captured, including open/displaced
joints, presence of roots, infiltration & inflow, cracking, fracturing, exfiltration, collapse,
deformation of pipe and more. Therefore, sewer CCTV inspection is an effective tool for locating
and evaluating structural defects and general condition of underground pipes.
Even though CCTV is an excellent option for inspection of sewers, it is a fairly costly process and
does take significant time to inspect a large volume of pipes.
Another option in the industry today is the use of Zoom Camera equipment. This is very similar to
traditional CCTV, however, a crawler vehicle is not used. Rather, in its place, a camera is lowered
down a maintenance hole attached to a pole like piece of equipment. The camera is then rotated
towards each connecting pipe and the operator above progressively zooms in to record all defects
and information about each pipe. The downside to this technique is the further down the pipe the
image is zoomed, the less clarity is available to accurately record defects and measurement. The
upside is the process is far quicker and significantly less expensive and an assessment of the
bayham_amp2_d2_1205
109
manhole can be provided as well. Also, it is important to note that 80% of pipe deficiencies
generally occur within 20 metres of each manhole.
It is recommended that the municipality continue its wastewater main assessment program expend
it to include storm sewer mains. A portion of capital funding should be dedicated to this.
2.7 Parks and Land Improvements
CSA standards provide guidance on the process and protocols in regards to the inspection of parks
and their associated assets, e.g., play spaces and equipment. The land improvements inspection will
involve qualified groups of trained industry professionals (operational staff or landscape
architects) performing an analysis of the condition of a group of land improvement assets and their
components. The most accurate way of determining the condition requires a walk-through to
collect baseline data. The following key asset classifications are typically inspected:
Physical Site Components – physical components on the site of the park such as fences,
utilities, stairways, walkways, parking lots, irrigation systems, monuments, fountains
Recreation Components – physical components such as playgrounds, bleachers, back stops,
splash pads, and benches
Land Site Components – land components on the site of the park such as landscaping, sports
fields, trails, natural areas, and associated drainage systems
Minor Park Facilities – small facilities within the park site such as: sun shelters, washrooms,
concession stands, change rooms, storage sheds
It is recommended that the municipality continue its parks condition assessment program and that
a portion of capital funding is dedicated to this.
bayham_amp2_d2_1205
110
3. Lifecycle Analysis Framework
An industry review was conducted to determine which lifecycle activities can be applied at the
appropriate time in an asset’s life, to provide the greatest additional life at the lowest cost. In the
asset management industry, this is simply put as doing the right thing to the right asset at the right
time. If these techniques are applied across entire asset networks or portfolios (e.g., the entire road
network), the municipality can gain the best overall asset condition while expending the lowest
total cost for those programs.
3.1 Paved Roads
The following analysis has been conducted at a fairly high level, using industry standard activities
and costs for paved roads. With future updates of this asset management strategy, the municipality
may wish to run the same analysis with a detailed review of municipality activities used for roads
and the associated local costs for those work activities. All of this information can be entered into
the CityWide® software suite in order to perform updated financial analysis as more detailed
information becomes available. The following diagram depicts a general deterioration profile of a
road with a 30-year life.
Figure 57 Paved Road General Deterioration Profile
As shown above, during the road’s lifecycle, there are various windows available for work activity
that will maintain or extend the life of the asset. These windows are: maintenance; preventative
maintenance; rehabilitation; and replacement or reconstruction.
Excellent: Maintenance
Good: Preventative Maintenance
Fair: Rehabilitation
Poor: Replace
100
75
50
25
0
Years in Service 30 Years
Co
n
d
i
t
i
o
n
bayham_amp2_d2_1205
111
The windows or thresholds for when certain work activities should be applied to also coincide
approximately with the condition state of the asset as shown below:
Table 22 Asset Condition and Related Work Activity for Paved Roads
Condition Condition Range Work Activity
Very Good
(Maintenance only phase) 81-100 Maintenance only
Good
(Preventative maintenance phase) 61-80 Crack sealing
Emulsions
Fair
(Rehabilitation phase) 41-60
Resurface - mill & pave
Resurface - asphalt overlay
Single & double surface treatment (for rural roads)
Poor
(Reconstruction phase) 21-40 Reconstruct - pulverize and pave
Reconstruct - full surface and base reconstruction
Very Poor
(Reconstruction phase)
0-20
Critical includes assets beyond their useful lives
which make up the backlog. They require the same
interventions as the ‘poor’ category above.
With future updates of this asset management strategy, the municipality may wish to review the
above condition ranges and thresholds for when certain types of work activity occur, and adjust to
better suit the municipality’s work program. Also note: when adjusting these thresholds, it actually
adjusts the level of service provided and ultimately changes the amount of money required. These
thresholds and condition ranges can be updated and a revised financial analysis can be calculated.
These adjustments will be an important component of future asset management plans, as the
province requires each municipality to present various management options within the financing
plan.
It is recommended that the municipality establish a lifecycle activity framework for the various
classes of paved road within their transportation network.
3.2 Bridges & Culverts
The best approach to develop a 10-year needs list for the municipality’s bridge structure portfolio
relies on the structural engineer who performs the inspections to develop a maintenance
requirements report, a rehabilitation and replacement requirements report and identify additional
detailed inspections as required.
3.3 Buildings & Facilities
The best approach to develop a 10-year needs list for the municipality’s facilities portfolio would be
to have the engineers, operational staff or architects who perform the facility inspections to also
develop a complete portfolio maintenance requirements report and rehabilitation and replacement
requirements report, and also identify additional detailed inspections and follow up studies as
bayham_amp2_d2_1205
112
required. This may be performed as a separate assignment once all individual facility
audits/inspections are complete.
The above reports could be considered the beginning of a 10-year maintenance and capital plan;
however, within the facilities industry, there are other key factors that should be considered to
determine over all priorities and future expenditures. Some examples would be functional and
legislative requirements, energy conservation programs and upgrades, customer complaints and
health and safety concerns, and customer expectations balanced with willingness-to-pay initiatives.
It is recommended that the municipality establish a prioritization framework for the facilities asset
class that incorporates the key components outlined above.
3.4 Vehicles and Machinery & Equipment
The best approach to develop a 10-year needs list for the municipality’s vehicles and machinery &
equipment portfolio would first be through a defined preventative maintenance program, and
secondly, through an optimized lifecycle vehicle replacement schedule. The preventative
maintenance program would serve to determine budget requirements for operating and minor
capital expenditures for renewal of parts, and major refurbishments and rehabilitations. An
optimized replacement program will ensure a vehicle or equipment asset is replaced at the correct
point in time in order to minimize overall cost of ownership, minimize costly repairs and downtime,
while maximizing potential re-sale value. There is significant benchmarking information available
within the vehicles industry in regard to vehicle lifecycles which can be used to assist in this
process. Once appropriate replacement schedules are established, the short- and long-term budgets
can be funded accordingly.
There are, of course, functional aspects of vehicles management that should also be examined in
further detail as part of the long-term management plan, such as vehicles utilization and
incorporating green vehicles, etc. It is recommended that the municipality establish a prioritization
framework for the vehicles asset class that incorporates the key components outlined above.
3.5 Sanitary and Storm Sewers
The following analysis has been conducted at a fairly high level, using industry standard activities
and costs for sanitary and storm sewer rehabilitation and replacement. With future updates of this
asset management strategy, the municipality may wish to run the same analysis with a detailed
review of activities used for sewer mains and the associated local costs for those work activities .
This information can be input into the CityWide® software suite in order to perform updated
financial analysis as more detailed information becomes available. The following diagram depicts a
general deterioration profile of a sewer main with a 100-year life.
bayham_amp2_d2_1205
113
Figure 58 Sewer Main General Deterioration
As shown above, during the sewer main’s lifecycle there are various windows available for work
activity that will maintain or extend the life of the asset. These windows are: maintenance; major
maintenance; rehabilitation; and replacement or reconstruction. The windows or thresholds for
when certain work activities should be applied also coincide approximately with the condition state
of the asset as shown below:
Table 23 Asset Condition and Related Work Activity for Sewer Mains
Condition Condition Range Work Activity
Very Good
(Maintenance only phase) 81-100 Maintenance only (cleaning & flushing etc.)
Good
(Preventative maintenance phase) 61-80 Mahhole repairs
Small pipe section repairs
Fair
(Rehabilitation phase) 41-60 Structural relining
Poor
(Reconstruction phase) 21-40 Pipe replacement
Very Poor
(Reconstruction phase)
0-20
Critical includes assets beyond their useful lives
which make up the backlog. They require the same
interventions as the “poor” category above.
Excellent: Maintenance
Good: Preventative Maintenance
Fair: Rehabilitation
Poor: Replace
100
75
50
25
0
Years in Service 100 Years
Co
n
d
i
t
i
o
n
bayham_amp2_d2_1205
114
With future updates of this asset management strategy the municipality may wish to review the
above condition ranges and thresholds for when certain types of work activity occur, and adjust to
better suit the municipality’s work program. Also note: when adjusting these thresholds, it actually
adjusts the level of service provided and ultimately changes the amount of money required. These
adjustments will be an important component of future asset management plans, as the province
requires each municipality to present various management options within the financing plan.
3.6 Water System
As with roads and sewers, the following analysis has been conducted at a high level, using industry
standard activities and costs for water main rehabilitation and replacement. The following diagram
depicts a general deterioration profile of a water main with an 80-year life.
Figure 59 Water Main General Deterioration
As shown above, during the water main’s lifecycle, there are various windows available for work
activity that will maintain or extend the life of the asset. These windows are: maintenance; major
maintenance; rehabilitation; and replacement or reconstruction. The windows or thresholds for
when certain work activities should be applied also coincide approximately with the condition state
of the asset as shown in Table 24.
Excellent: Maintenance
Good: Preventative Maintenance
Fair: Rehabilitation
Poor: Replace
100
75
50
25
0
Years in Service 80 Years
Co
n
d
i
t
i
o
n
bayham_amp2_d2_1205
115
Table 24 Asset Condition and Related W ork Activity for Water Mains
Condition Condition
Range Work Activity
Very Good
(Maintenance only phase) 81-100 Maintenance only (cleaning & flushing etc.)
Good
(Preventative maintenance phase) 61-80 Water main break repairs
Small pipe section repairs
Fair
(Rehabilitation phase) 41-60 Structural water main relining
Poor
(Reconstruction phase) 21-40 Pipe replacement
Very Poor
(Reconstruction phase) 0-20
Critical includes assets beyond their useful lives which
make up the backlog. They require the same
interventions as the “poor” category above.
bayham_amp2_d2_1205
116
4. Growth and Demand
Growth is a critical infrastructure demand driver for most infrastructure services. As such, the
municipality must not only account for the lifecycle cost for its existing asset portfolio, but those of
any anticipated and forecasted capital projects associated specifically with growth. Based on the
2016 census, the population for Bayham has increased 5.8% since 2011 to reach 7396. Population
changes will require the municipality to determine the impact to expected levels of service and if
any changes to the existing asset inventory may be required.
5. Project Prioritization and Risk Management
Generally, infrastructure needs exceed municipal capacity. As such, municipalities rely heavily on
provincial and federal programs and grants to finance important capital projects. Fund scarcity
means projects and investments must be carefully selected based on the state of infrastructure,
economic development goals, and the needs of an evolving and growing community. These factors,
along with social and environmental considerations will form the basis of a robust risk
management framework.
5.1 Defining Risk Management
From an asset management perspective, risk is a function of the consequences of failure (e.g., the
negative economic, financial, and social consequences of an asset in the event of a failure); and, the
probability of failure (e.g., how likely is the asset to fail in the short- or long-term). The
consequences of failure are typically reflective of:
An asset’s importance in an overall system:
For example, the failure of an individual computer workstation for which there are readily
available substitutes is much less consequential and detrimental than the failure of a network
server or telephone exchange system.
The criticality of the function performed:
For example, a mechanical failure on a road construction equipment may delay the progress of
a project, but a mechanical failure on a fire pumper truck may lead to immediate life safety
concerns for fire fighters, and the public, as well as significant property damage.
The exposure of the public and/or staff to injury or loss of life:
For example, a single sidewalk asset may demand little consideration and carry minimum
importance to the municipality’s overall pedestrian network and performs a modest function.
However, members of the public interact directly with the asset daily and are exposed to
potential injury due to any trip hazards or other structural deficiencies that may exist.
The probability of failure is generally a function of an asset’s physical condition, which is heavily
influenced by the asset’s age and the amount of investment that has been made in the maintenance
and renewal of the asset throughout its life.
Risk mitigation is traditionally thought of in terms of safety and liability factors. In asset
management, the definition of risk should heavily emphasize these factors but should be expanded
to consider the risks to the municipality’s ability to deliver targeted levels of service
bayham_amp2_d2_1205
117
The impact that actions (or inaction) on one asset will have on other related assets
The opportunities for economic efficiency (realized or lost) relative to the actions taken
5.2 Risk Matrices
Using the logic above, a risk matrix will illustrate each asset’s overall risk, determined by
multiplying the probability of failure (PoF) scores with the consequence of failure (CoF) score, as
illustrated in the table that follow. This can be completed as a holistic exercise against any data set
by determining which factors (or attributes) are available and will contribute to the PoF or CoF of
an asset. Figure 60 (known as a bowtie model in the risk industry) illustrates this concept. The
probability of failure is increased as more and more factors collude to cause asset failure.
Figure 60 Bow Tie Risk Model
Failure
Event
CONSEQUENCES OF FAILURE
Includes immediate and long-
term economic, social and
environmental
PROBABILITY OF FAILURE
Increased by fundamental and
immediate causes such as age,
or observed condition
bayham_amp2_d2_1205
118
Probability of Failure
In this AMP, the probability of a failure event is predicted by the condition of the asset.
Table 25 Probability of Failure – All Assets
Asset Classes Condition Rating Probability of Failure
ALL
0-20 Very Poor 5 – Very High
21-40 Poor 4 – High
41-60 Fair 3 – Moderate
61-80 Good 2 – Low
81-100 Excellent 1 – Very Low
Consequence of Failure
The consequence of failure for the asset classes analyzed in this AMP will be determined either by
the replacement costs of assets, or other attributes as relevant. These attributes include material
types, classifications, or size. Asset classes for which replacement cost is used include: bridges &
culverts, buildings & facilities, land improvements, vehicles, and machinery & equipment. This
approach is premised on the assumption that the higher the replacement cost, the larger (and likely
more important) the asset, requiring a higher risk scoring.
Assets for which other attributes are used include: water, wastewater, and roads. Attributes are
selected based on their impact on service delivery. For linear infrastructure, pipe diameter is used
to estimate a suitable consequence of failure score as it reflects the potential upstream service area
affected. Scoring for roads, the risk is based on classification as it reflects the traffic volumes and
number of people affected.
Table 26 Consequence of Failure – Roads
Table 27 Consequence of Failure – Bridges & Culverts
Road Classification Consequence of failure
Surface – Gravel Score of 1
Surface – Tar & Chip Score of 3
Surface – Asphalt Score of 4
Replacement Value Consequence of failure
Up to $200k Score of 1
$350k and below Score of 2
$450k and below Score of 3
$750k and below Score of 4
Over $750k Score of 5
bayham_amp2_d2_1205
119
Table 28 Consequence of Failure – Water Mains
Table 29 Consequence of Failure – Sanitary Sewers
Table 30 Consequence of Failure – Storm Sewers
Table 31 Consequence of Failure – Buildings & Facilities
Pipe Diameter Consequence of Failure
Less than 100mm Score of 1
100mm–149mm Score of 2
150mm–199mm Score of 3
200mm–249mm Score of 4
250mm and over Score of 5
Pipe Diameter Consequence of failure
Less than 200mm Score of 1
200-300mm Score of 2
301-400mm Score of 3
401-600mm Score of 4
601mm and over Score of 5
Pipe Diameter Consequence of Failure
Less than 200mm Score of 1
200mm-249mm Score of 2
250mm-299mm Score of 3
300mm-399mm Score of 4
350mm and over Score of 5
Replacement Value Consequence of failure
Up to $100k Score of 1
$200k and below Score of 2
$350k and below Score of 3
$750k and below Score of 4
Over $750k Score of 5
bayham_amp2_d2_1205
120
Table 32 Consequence of Failure – Machinery & Equipment
Table 33 Consequence of Failure – Land Improvements
Table 34 Consequence of Failure – Vehicles
The risk matrices that follow show the distribution of assets within each asset class according to the
probability and likelihood of failure scores as discussed above.
Replacement Value Consequence of failure
Up to $15k Score of 1
$25k and below Score of 2
$50k and below Score of 3
$75k and below Score of 4
Over $75k Score of 5
Replacement Value Consequence of failure
Up to $25k Score of 1
$50k and below Score of 2
$65k and below Score of 3
$350k and below Score of 4
Over $350k Score of 5
Replacement Value Consequence of failure
Up to $200k Score of 1
$350k and below Score of 2
$400k and below Score of 3
$500k and below Score of 4
Over $500k Score of 5
bayham_amp2_d2_1205
121
Figure 61 Distribution of Assets Based on Risk – All Asset Classes
Figure 62 Distribution of Assets Based on Risk – Road Network
bayham_amp2_d2_1205
122
Figure 63 Distribution of Assets Based on Risk – Bridges & Culverts
Figure 64 Distribution of Assets Based on Risk – Water System
bayham_amp2_d2_1205
123
Figure 65 Distribution of Assets Based on Risk – Sanitary Services
bayham_amp2_d2_1205
124
Figure 66 Distribution of Assets Based on Risk – Buildings
Figure 67 Distribution of Assets Based on Risk – Machinery & Equipment
bayham_amp2_d2_1205
125
Figure 68 Distribution of Assets Based on Risk – Land Improvements
Figure 69 Distribution of Assets Based on Risk – Vehicles
bayham_amp2_d2_1205
126
IX. Financial Strategy
1. General Overview
In order for an AMP to be effective and meaningful, it must be integrated with financial planning
and long-term budgeting. The development of a comprehensive financial plan will allow the
municipality to identify the financial resources required for sustainable asset management based
on existing asset inventories, desired levels of service and projected growth requirements.
bayham_amp2_d2_1205
127
Figure 70 Cost Elements
Growth
Requirements
Service
Enhancements
Inflation Requirements
Renewal Requirements
Amortization of Historical Cost of
Investment
Principal & Interest Payments
Operations and Maintenance Costs
bayham_amp2_d2_1205
128
Figure depicts the various cost elements and resulting funding levels that should be incorporated
into AMPs that are based on best practices. Municipalities meeting their operational and
maintenance needs, and debt obligations are funding only their cash cost. Funding at this level is
severely deficient in terms of lifecycle costs.
Meeting the annual amortization expense based on the historical cost of investment will ensure
municipalities adhere to accounting rules implemented in 2009; however, funding is still deficient
for long-term needs. As municipalities graduate to the next level and meet renewal requirements,
funding at this level ensures that need and cost of full replacement is deferred. If municipalities
meet inflation requirements, they’re positioning themselves to meet replacement needs at existing
levels of service. In the final level, municipalities that are funding for service enhancement and
growth requirements are fiscally sustainable and cover future investment needs.
This report develops a financial plan by presenting several scenarios for consideration and
culminating with final recommendations. It includes recommendations that avoid long-term
funding deficits. As outlined below, the scenarios presented model different combinations of the
following components:
the financial requirements (as documented in the SOTI section of this report) for existing assets,
existing service levels, requirements of contemplated changes in service levels (none identified
for this plan), and requirements of anticipated growth (none identified for this plan)
use of traditional sources of municipal funds including tax levies, user fees, reserves, debt, and
development charges
use of non-traditional sources of municipal funds, e.g., reallocated budgets
use of senior government funds, such as the federal Gas Tax Fund, Ontario Community
Infrastructure Fund (OCIF)
If the financial plan component of an AMP results in a funding shortfall, the province requires the
inclusion of a specific plan as to how the impact of the shortfall will be managed. In determining the
legitimacy of a funding shortfall, the province may evaluate a municipality’s approach to the
following:
In order to reduce financial requirements, consideration has been given to revising service
levels downward.
All asset management and financial strategies have been considered. For example:
• If a zero debt policy is in place, is it warranted? If not, the use of debt should be
considered.
• Do user fees reflect the cost of the applicable service? If not, increased user fees should
be considered.
bayham_amp2_d2_1205
129
2. Financial Profile: Tax Funded Assets
2.1 Funding Objective
We have developed scenarios that would enable the municipality to achieve full funding within five to 20 years for the following assets:
road network; bridges & culverts; storm network; buildings & facilities; machinery & equipment; land improvement; and vehicles. For
each scenario developed, we have included strategies, where applicable, regarding the use of tax revenues, user fees, reserves and debt.
2.2 Current Funding Position
Table 35 and Table 36 outline, by asset class, the municipality’s average annual asset investment requirements, current funding positions,
and funding increases required to achieve full funding on assets funded by taxes.
Table 35 Infrastructure Requirements and Current Funding Available: Tax Funded Assets
Asset class
Average
Annual
Investment
Required
Total Funding Available in 2017
Annual
Deficit/Surplus Taxes Gas Tax OCIF
Taxes to
Reserves
Total Funding
Available
Road Network 1,000,000 258,000 212,000 157,000 0 627,000 373,000
Bridges & Culverts 86,000 0 0 0 0 0 86,000
Storm Sewer System 475,000 75,000 0 0 0 75,000 400,000
Machinery & Equipment 82,000 10,000 0 0 0 10,000 72,000
Buildings 173,000 50,000 0 0 150,000 200,000 27,000
Land Improvements 55,000 0 0 0 10,000 10,000 45,000
Vehicles 379,000 0 0 0 0 0 379,000
Total 2,250,000 393,000 212,000 157,000 160,000 922,000 1,328,000
Note: For the purposes of this AMP, we have excluded the category of gravel roads since gravel roads are a perpetual maintenance asset
and end of life replacement calculations do not normally apply. If gravel roads are maintained properly, they, in essence, could last
forever.
bayham_amp2_d2_1205
130
2.3 Recommendations for Full Funding
The average annual investment requirement for tax funded categories is $2,250,000. Annual
revenue currently allocated to these assets for capital purposes is $922,000, leaving an annual
deficit of $1,328,000. To put it another way, these infrastructure categories are currently funded at
41% of their long-term requirements.
In 2016, the municipality had annual tax revenues of $3,956,000. As illustrated in Table 36, without
consideration of any other sources of revenue, full funding would require the following tax change
over time:
Table 36 Tax Change Required for Full Funding
Asset class Tax Change Required for Full Funding
Road Network 9.4%
Bridges & Culverts 2.2%
Storm Sewer System 10.1%
Machinery & Equipment 1.8%
Buildings -0.7%
Land Improvements 1.1%
Vehicles 9.6%
Total 33.5%
The following changes in costs and/or revenues over the next number of years should also be
considered in the financial strategy:
Bayham’s formula based OCIF grant is scheduled to grow from $157,000 in 2017 to $334,000 in
2019.
Normally our recommendations include allocating any decrease in debt costs to the
infrastructure deficit. As illustrated in table 9, Bayham’s debt payments for these asset
categories is $0 so this option is not available.
Our recommendations include capturing the above changes and allocating them to the
infrastructure deficit. Table 37 outlines this concept and presents a number of options.
bayham_amp2_d2_1205
131
Table 37 Effect of Changes in OCIF Funding and Reallocating Decreases in Debt Costs
Considering all of the above information, we recommend the 20 year option that includes capturing the changes. This involves full funding
being achieved over 20 years by:
Increasing tax revenues by 1.5% each year for the next 20 years solely for the purpose of phasing in full funding to the asset categories
covered in this section of the AMP.
Allocating the current gas tax and OCIF revenue as outlined in Table 36.
Allocating the scheduled OCIF grant increases to the infrastructure deficit as they occur.
Reallocating appropriate revenue from categories in a surplus position to those in a deficit position.
Increasing existing and future infrastructure budgets by the applicable inflation index on an annual basis in addition to the deficit
phase-in.
Without Capturing Changes With Capturing Changes
5 Years 10 Years 15 Years 20 Years 5 Years 10 Years 15 Years 20 Years
Infrastructure Deficit 1,328,000 1,328,000 1,328,000 1,328,000 1,328,000 1,328,000 1,328,000 1,328,000
Change in OCIF Grant N/A N/A N/A N/A -177,000 -177,000 -177,000 -177,000
Changes in Debt Costs N/A N/A N/A N/A 0 0 0 0
Resulting Infrastructure Deficit 1,328,000 1,328,000 1,328,000 1,328,000 1,151,000 1,151,000 1,151,000 1,151,000
Resulting Tax Increase Required:
Total Over Time 33.6% 33.6% 33.6% 33.6% 29.1% 29.1% 29.1% 29.1%
Annually 6.7% 3.4% 2.2% 1.7% 5.8% 2.9% 1.9% 1.5%
bayham_amp2_d2_1205
132
Notes:
As in the past, periodic senior government infrastructure funding will most likely be available
during the phase-in period. By Provincial AMP rules, this periodic funding cannot be
incorporated into an AMP unless there are firm commitments in place. We have included OCIF
formula based funding, if applicable, since this funding is a multi-year commitment.
We realize that raising tax revenues by the amounts recommended above for infrastructure
purposes will be very difficult to do. However, considering a longer phase-in window may have
even greater consequences in terms of infrastructure failure.
Although this option achieves full funding on an annual basis in 20 years and provides financial
sustainability over the period modeled, the recommendations do require prioritizing capital
projects to fit the resulting annual funding available. Current data shows a pent-up investment
demand of $11,231,000 for paved roads, $1,530,000 for bridges & culverts, $14,000,000 for storm
sewers, $82,000 for machinery & equipment, $865,000 for facilities, $238,000 for land
improvements and $350,000 for vehicles.
bayham_amp2_d2_1205
133
3. Financial Profile: Rate Funded Assets
3.1 Funding Objective
We have developed scenarios that would enable the municipality to achieve full funding within five to 20 years for the following assets:
water, and sanitary sewer network. For each scenario developed we have included strategies, where applicable, regarding the use of tax
revenues, user fees, reserves and debt.
3.2 Current Funding Position
Table 38 and Table 39 outline, by asset class, the municipality’s average annual asset investment requirements, current funding positions,
and funding increases required to achieve full funding on assets funded by rates.
Table 38 Summary of Infrastructure Requirements and Current Funding Available
Asset class Average Annual
Investment
Required
Total Funding Available in 2017
Annual
Deficit/Surplus Rates To Operations Other
Total Funding
Available
Sanitary Sewer Network 420,000 863,000 -440,000 0 423,000 -3,000
Water Network 136,000 712,000 -539,000 0 173,000 -37,000
Total 556,000 1,575,000 -979,000 0 596,000 -40,000
bayham_amp2_d2_1205
134
3.3 Recommendations for Full Funding
The average annual investment requirement for sanitary services and water services is $556,000.
Annual revenue currently allocated to these assets for capital purposes is $596,000 resulting in an
annual surplus of $40,000. To put it another way, these infrastructure categories are currently
funded at 107% of their long-term requirements.
In 2016, Bayham had annual sanitary revenues of $863,000 and annual water revenues of 712,000.
As illustrated in Table 39, without consideration of any other sources of revenue, full funding would
require the following increases over time:
Table 39 Rate Change Required for Full Funding
Asset class Rate Change Required for Full Funding
Wastewater Network -0.3%
Water Network -5.2%
At least three factors need to be quantified before implementing the above changes:
There is a pent up investment demand of $457,000 for sanitary services and $0 for water
services. As a result, rates should not be changed until a detailed work plan is developed for
these projects. A corresponding financial plan can then be developed taking into account that
there are $2,283,000 of reserves available for sanitary infrastructure and $536,000 of reserves
for water infrastructure (as noted in Table 46).
51% of sanitary revenues and 76% of water revenues are currently allocated to operations as
opposed to capital. Overall rates should not be decreased until longer term operational
requirements are determined and taken into account. This will avoid the complications of
lowering rates for capital purposes and then possibly increasing them for operational
requirements.
Bayham will be updating their detailed rate study in 2019. Any change in capital rates should be
delayed until that study is available.
We recommend that the required work for the three factors above be completed in order to
determine what rate changes can be achieved and over what period those changes can be
implemented.
bayham_amp2_d2_1205
135
Table 40 Without Change in Debt Costs
Table 41 With Change in Debt Costs
Wastewater Network Water Network
5 Years 15 Years 20 Years 5 Years 15 Years 20 Years
Infrastructure Deficit -3,000 -3,000 -3,000 -37,000 -37,000 -37,000
Change in Debt Costs N/A N/A N/A N/A N/A N/A
Resulting Infrastructure Deficit/Surplus -3,000 -3,000 -3,000 -37,000 -37,000 -37,000
Resulting Rate Change Required:
Total Over Time -0.3% -0.3% -0.3% -5.2% -5.2% -5.2%
Annually -0.1% 0.0% 0.0% -1.0% -0.3% -0.3%
Wastewater Network Water System
5 Years 15 Years 20 Years 5 Years 15 Years 20 Years
Infrastructure Deficit -3,000 -3,000 -3,000 -37,000 -37,000 -37,000
Change in Debt Costs N/A N/A N/A N/A N/A N/A
Resulting Infrastructure Deficit/Surplus -3,000 -3,000 -3,000 -37,000 -37,000 -37,000
Resulting Rate Change Required:
Total Over Time -0.3% -0.3% -0.3% -5.2% -5.2% -5.2%
Annually -0.1% 0.0% 0.0% -1.0% -0.3% -0.3%
bayham_amp2_d2_1205
136
Considering all of the above information we recommend the following:
Rate changes for capital purposes for both sanitary service and water services be postponed
until the work on the three factors above are completed.
If the work required for the above factors is delayed, and inflation increases are greater than
the reduction available, implementing net increases to existing and future infrastructure
budgets by the applicable inflation index on an annual basis.
Notes:
As in the past, periodic senior government infrastructure funding will most likely be available
during the phase-in period. By Provincial AMP rules, this periodic funding cannot be
incorporated into an AMP unless there are firm commitments in place. We have included OCIF
formula based funding, if applicable, since this funding is a multi-year commitment.
Any increase in rates required for operations would be in addition to the above
recommendations.
Although this option maintains full funding on an annual basis and provides financial sustainability
over the period modeled, the recommendations do require prioritizing capital projects to fit the
resulting annual funding available. Current data shows a pent-up investment demand of $457,000
for sanitary services and $0 for water services.
bayham_amp2_d2_1205
137
4. Use of Debt
For reference purposes, Table 42 outlines the premium paid on a project if financed by debt. For
example, a $1M project financed at 3.0%3 over 15 years would result in a 26% premium or
$260,000 of increased costs due to interest payments. For simplicity, the table does not take into
account the time value of money or the effect of inflation on delayed projects.
Table 42 Total Interest Paid as a Percentage of Project Costs
Interest Rate
Number of Years Financed
5 10 15 20 25 30
7.0% 22% 42% 65% 89% 115% 142%
6.5% 20% 39% 60% 82% 105% 130%
6.0% 19% 36% 54% 74% 96% 118%
5.5% 17% 33% 49% 67% 86% 106%
5.0% 15% 30% 45% 60% 77% 95%
4.5% 14% 26% 40% 54% 69% 84%
4.0% 12% 23% 35% 47% 60% 73%
3.5% 11% 20% 30% 41% 52% 63%
3.0% 9% 17% 26% 34% 44% 53%
2.5% 8% 14% 21% 28% 36% 43%
2.0% 6% 11% 17% 22% 28% 34%
1.5% 5% 8% 12% 16% 21% 25%
1.0% 3% 6% 8% 11% 14% 16%
0.5% 2% 3% 4% 5% 7% 8%
0.0% 0% 0% 0% 0% 0% 0%
3 Current municipal Infrastructure Ontario rates for 15 year money is 2.8%.
bayham_amp2_d2_1205
138
It should be noted that current interest rates are near all-time lows. Sustainable funding models
that include debt need to incorporate the risk of rising interest rates. The following graph shows
where historical lending rates have been:
Figure 71 Historical Prime Business Interest Rates
As illustrated in Table 42 , a change in 15 year rates from 3% to 6% would change the premium
from 26% to 54%. Such a change would have a significant impact on a financial plan.
2.70%
0.00%
2.00%
4.00%
6.00%
8.00%
10.00%
12.00%
14.00%
16.00%
1990 1994 1998 2002 2006 2010 2014
bayham_amp2_d2_1205
139
Table 43 and Table 44 outline how Bayham has historically used debt for investing in the asset
categories as listed. There is currently $0 of debt outstanding for the assets covered by this AMP
with corresponding principal and interest payments of $0, well within its provincially prescribed
maximum of $1,519,000.
Table 43 Overview of Use of Debt
Asset class
Debt at
December
31st, 2016
Use of Debt in Last Five Years
2012 2013 2014 2015 2016
Road Network 0 0 0 0 0 0
Bridges & Culverts 0 0 0 0 0 0
Storm Sewer System 0 0 0 0 0 0
Machinery & Equipment 0 0 0 0 0 0
Buildings 0 0 0 0 0 0
Land Improvements 0 0 0 0 0 0
Vehicles 0 0 0 0 0 0
Total Tax Funded 0 0 0 0 0 0
Wastewater Network 0 0 0 0 0 0
Water Network 0 0 0 0 0 0
Total Rate Funded 0 0 0 0 0 0
Table 44 Overview of Debt Costs
The revenue options outlined in this plan allow Bayham to fully fund its long-term infrastructure
requirements without further use of debt.
Asset class Principal & Interest Payments in Next Ten Years
2017 2018 2019 2020 2021 2022 2027
Road Network 0 0 0 0 0 0 0
Bridges & Culverts 0 0 0 0 0 0 0
Storm Sewer System 0 0 0 0 0 0 0
Machinery & Equipment 0 0 0 0 0 0 0
Facilities 0 0 0 0 0 0 0
Land Improvements 0 0 0 0 0 0 0
Vehicles 0 0 0 0 0 0 0
Total Tax Funded 0 0 0 0 0 0 0
Wastewater Network 0 0 0 0 0 0 0
Water Network 0 0 0 0 0 0 0
Total Rate Funded 0 0 0 0 0 0 0
bayham_amp2_d2_1205
140
5. Use of Reserves
5.1 Available Reserves
Reserves play a critical role in long-term financial planning. The benefits of having reserves
available for infrastructure planning include: the ability to stabilize tax rates when dealing with
variable and sometimes uncontrollable factors; financing one-time or short-term investments;
accumulating the funding for significant future infrastructure investments; managing the use of
debt; and, normalizing infrastructure funding requirements. By infrastructure class, Table 45
outlines the details of the reserves currently available to Bayham.
Table 45 Summary of Reserves Available
Asset class Balance at December 31st, 2016
Road Network 459,000
Bridges & Culverts 13,000
Storm Sewer System 13,000
Machinery & Equipment 223,000
Buildings 101,000
Land Improvements 377,000
Vehicles 115,000
Total Tax Funded 1,301,000
Water System 536,000
Sanitary Sewer Network 2,283,000
Total Rate Funded 2,819,000
There is considerable debate in the municipal sector as to the appropriate level of reserves that a
municipality should have on hand. There is no clear guideline that has gained wide acceptance.
Factors that municipalities should take into account when determining their capital reserve
requirements include: breadth of services provided, age and condition of infrastructure, use and
level of debt, economic conditions and outlook, and internal reserve and debt policies.
The reserves in Table 45 are available for use by applicable asset classes during the phase-in period
to full funding. This, coupled with Bayham judicious use of debt in the past, allows the scenarios to
assume that, if required, available reserves and debt capacity can be used for high priority and
emergency infrastructure investments in the short to medium-term.
5.2 Recommendation
As Bayham updates its AMP and expands it to include other asset categories, we recommend that
future planning should include determining what its long -term reserve balance requirements are
and a plan to achieve such balances.
bayham_amp2_d2_1205
141
X. 2016 Infrastructure Report Card
The following infrastructure report card illustrates the municipality’s performance on the two key factors: Asset Health and Financial
Capacity. Appendix 1 provides the full grading scale and conversion chart, as well as detailed descriptions, for each grading level.
Table 46 2016 Infrastructure Report Card
Asset class Asset Health
Grade
Funding
Percentage
Financial Capacity
Grade
Average
Asset Class Grade Comments
Roads F 63% F D
Based on 2016 replacement cost,
and condition data, 34% of assets,
with a valuation of $35 million, are
in good to very good condition; 46%
are in poor to very poor condition.
The municipality is underfunding
most of its assets. Tax-funded
categories are funded at 41% while
rate-funded categories are funded at
107%.
Bridges & Culverts C 0% A F
Water System C 127% A B
Wastewater Services C 101% A B
Storm F 16% F F
Buildings C 116% C B
Machinery & Equipment C 12% F F
Land Improvements C 18% F F
Vehicles C 0% F F
Average Asset Health Grade D
Average Financial Capacity Grade D
Overall Grade for the Municipality D
bayham_amp2_d2_1205
142
XI. Appendix: Grading and Conversion Scales
Table 47 Asset Health Scale
Letter Grade Rating Description
A Excellent Asset is new or recently rehabilitated
B Good Asset is no longer new, but is fulfilling its function. Preventative maintenance is beneficial at this stage.
C Fair Deterioration is evident but asset continues to full its function. Preventative maintenance is beneficial
at this stage.
D Poor Significant deterioration is evident and service is at risk.
F Very Poor Asset is beyond expected life and has deteriorated to the point that it may no longer be fit to fulfill its
function.
bayham_amp2_d2_1205
143
Table 48 Financial Capacity Scale
Letter Grade Rating Funding percent Timing Requirements Description
A Excellent 90-100 percent
Short Term
Medium Term
Long Term
The municipality is fully prepared for its short-, medium- and long-term
replacement needs based on existing infrastructure portfolio.
B Good 70-89 percent
Short Term
Medium Term
Long Term
The municipality is well prepared to fund its short-term and medium-term
replacement needs but requires additional funding strategies in the long-term
to begin to increase its reserves.
C Fair 60-69 percent
Short Term
Medium Term
Long Term
The municipality is underprepared to fund its medium- to long-term
infrastructure needs. The replacement of assets in the medium-term will likely
be deferred to future years.
D Poor 40-59 percent
/ Short Term
Medium Term
Long Term
The municipality is not well prepared to fund its replacement needs in the
short-, medium- or long-term. Asset replacements will be deferred and levels
of service may be reduced.
F Very Poor 0-39 percent
Short Term
Medium Term
Long Term
The municipality is significantly underfunding its short-term, medium-term,
and long-term infrastructure requirements based on existing funds allocation.
Asset replacements will be deferred indefinitely. The municipality may have to
divest some of its assets (e.g., bridge closures, arena closures) and levels of
service will be reduced significantly.
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: EVA AND TOM SOUTHWICK
TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning
By-law amendment.
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a
public meeting on Thursday, December 21, 2017 at 7:30 p.m. in the Municipal Council
Chambers at 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law
amendment under Section 34 and Section 39 of the PLANNING ACT.
THE PURPOSE of this By-law is to temporarily change the zoning regulations on a 2,630 m² (0.65
acres) parcel from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-X)
Zone to permit a garden suite, in the form of a one storey mobile home unit, for a period not to
exceed twenty (20) years in Zoning By-law Z456-2003. The subject lands are located on the west
side of Clarke Road, north of Glen Erie Line known as 5149 Clarke Road.
THE EFFECT of this By-law will be to allow for the installation of a temporary residence on the
subject lands exclusively for the care of elderly parents for a period not exceeding 20 years.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed amendment.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make
written submissions to the Municipality of Bayham before the by-law is passed, the person or
public body is not entitled to appeal the decision of the Council of the Corporation of the
Municipality of Bayham to the Ontario Municipal Board.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make
written submissions to the Municipality of Bayham before the by-law is passed, the person or
public body may not be added as a party to the hearing of an appeal before the Ontario Municipal
Board unless, in the opinion of the Board, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written
request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the
Municipal Office.
Dated at the Municipality of Bayham this 1st day of December 2017.
Margaret Underhill
Deputy Clerk/Planning Coordinator
Municipality of Bayham
56169 Heritage Line, PO Box 160
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: 0830513 BC LTD
TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning
By-law amendment.
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a
public meeting on Thursday, December 21, 2017 at 7:30 p.m. in the Municipal Council
Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34
of the PLANNING ACT.
THE PURPOSE of this By-law is to change the zoning regulations on 0.4 ha (1 acres) of land in
the Agricultural (A1) Zone to a Site-specific Rural Residential (RR-XX) Zone and on 25 ha (62
acres) of land from Agricultural (A1) Zone to a Site-specific Special Agricultural (A2-XX) Zone in
Zoning By-law Z456-2003. The subject lands are located on the south side of Heritage Line, east
of Toll Gate Road known as 57401 Heritage Line.
THE EFFECT of this By-law will be to allow for residential use on a 0.4 ha parcel surplus to the
farming operation and prohibit the keeping of livestock; and to allow for continued agricultural use
on a 25 ha (62 acres) parcel and to prohibit future residential development on the lands and the
keeping of livestock.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed amendment.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make
written submissions to the Municipality of Bayham before the by-law is passed, the person or
public body is not entitled to appeal the decision of the Council of the Corporation of the
Municipality of Bayham to the Ontario Municipal Board.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make
written submissions to the Municipality of Bayham before the by-law is passed, the person or
public body may not be added as a party to the hearing of an appeal before the Ontario Municipal
Board unless, in the opinion of the Board, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written
request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the
Municipal Office.
Dated at the Municipality of Bayham this 1st day of December 2017.
Margaret Underhill
Deputy Clerk/Planning Coordinator
Municipality of Bayham
56169 Heritage Line
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
REPORT TO COUNTY COUNCIL
FROM: Kate Burns Gallagher, Economic Development Coordinator
Alan Smith, General Manager of Economic Development
DATE: November 28, 2017
SUBJECT: Elgincentives 2017 Year End Review
INTRODUCTION:
In October 2015 the Elgincentives Community Improvement Plan was launched. In two
years the program has seen huge success across the County. The following is a
summary on the total number and value of incentives from January – November 2017
and cumulative from October 2015 – November 2017.
Staff will continue to report on an annual basis in December of every year on the
program results.
DISCUSSION:
2015* 2016 2017 Total
Yearly Allocation $ 100,000 $ 250,000 $ 200,000 $ 550,000
Funds Available $ 100,000 $ 271,407 $ 200,547 $ ----------
Total Value of Project Costs $ 241,537 $ 792,368 $ 1,463,711 $ 2,497,616
Total Grant Requests $ 80,134 $ 273,000 $ 391,765 $ 744,899
Total Grants Approved $ 78,593 $ 270,860 $ 199, 343 $ 546,582
Total Number of Projects 10 40 59 109
Average Grant Amount: $ 7,859 $ 6,785 $ 3,399 $ 5,014
*2015 – October – December
Elgincentives Grants
Number of
Approved
Projects*
Approved
Grant Value
Façade 14 $ 40,182
Signage 13 $ 11,362
Property 13 $ 19,058
Building Improvement 30 $ 100,612
Building Conversion/Expansion 3 $ 12,297
Energy Efficiency 7 $ 12,185
Outdoor Art Grant (located in priority area) 0 $ 0
Savour Elgin 4 $ 2,766
Arts Trail 2 $ 881
Planning and Building Fees Grant 0 0
Tax Increment Equivalent Grant 1 TBD
*several applications were approved for more than one grant
By Municipality
# of
Applications
Grant
Value
Value of
Projects
Aylmer 13 $ 42,420 $ 163,654
Bayham 7 $ 28,194 $ 167,955
Central Elgin 18 $ 56,785 $ 309,564
Dutton Dunwich 4 $ 11,334 $ 112,307
Malahide 5 $ 19,728 $ 124,759
Southwold 7 $ 27,527 $ 111,544
West Elgin 5 $ 11,141 $ 467,929
As indicated in the above tables Elgincentives had 59 approved applications from
January – November 2017 with total investment by Elgin of $199 343 resulting in private
investment of $1 463 711.
In 2017 the first Tax Increment Equivalent Grant (TIEG) application was received.
For 2017 there were four applicants that withdrew after approval as they did not receive
the required funds to move ahead with the project. All four re -applied at a subsequent
meeting and have proceeded with the projects.
Two approved applicants did not meet their contractual obligations to start the project
within six months of approval and so have forfeited their funding towards the project.
For 2018, Elgincentives will receive an additiona l $80,000 into the budget from the
removal of the vacany tax rebate. This will allow for a 2018 budget of $255,000
($175,000 approved by Council and $80,000 from rebate). This will once again be
allocated over five meetings over the course of the year.
The Elgincentives Implementation Committee has also agreed to move forward with the
research into an Industrial Tax Increment Equivalent Grant (TIEG) for 2018.
CONCLUSION:
The popularity of the Elgincentives program continues to grow, improving Elgin’s
downtowns, waterfronts, agricultural and tourism areas. This program is stimulating
economic growth and development by assisting businesses and property owners with
restoration and redevelopment projects County wide.
The Elgincentives Implementation Committee will meet January 17, 2018 to review the
first applications for 2018.
Elgincentives is a shining example of how Elgin County is “Progressive by Na ture”.
RECOMMENDATION:
THAT the report titled “Elgincentives 2017 Year End Review” from the Economic
Development Coordinator dated November 28, 2017 be received and filed as information.
All of which is Respectfully Submitted Approved for Submission
Kate Burns Gallagher Julie Gonyou
Economic Development Coordinator Chief Administrative Officer
Alan Smith
General Manager of Economic Development
December 6, 2017
Mayor Paul Ens
Deputy Mayor Thomas Southwick
Ward 1 Councillor Randall Breyer
Ward 2 Councillor Wayne Casier
Ward 3 Councillor Ed Ketchabaw
56169 Heritage Line
Straffordville, On N0J1Y0
Attn: Randy White By Law Enforcement Officer
As per our Telephone conversation November 2017
As residents of Bayham since 2004, we have been both aware of and affected by the various
hunting seasons designated by the province, most notably deer season.
Our property is bordered by the Big Otter Creek, farm land and woods to the south, ravines and
woods to the west, residences to the north and Culloden Road to the east. It is located down in a
gully and slopes downward with the house sitting in the middle of our 3 acres. We have horses
with pasture land to both the north and south of our driveway. Both pastures have woods
belonging to other land owners bordering them. Our lower lands bordered by the Creek have
manicured and non manicured treed areas beside the southern pasture and we have maintained
walking paths through that area where we walk our dogs several times in a day.
This time of year is very stressful. Even though this year we found skinned squirrels on the lower
lands, where no one was given permission to hunt, that is not our most pressing concern. It is not
the issue of hunters engaged in unauthorized hunting, but much more about personal safety in
regard to the discharging of firearms specifically in the direction of our residence and chattels.
This year as in every year since at least 2007 (the year we acquired horses), we do not allow our
dogs or grandchildren to use those lands down below in any way during hunting season. Nor do
we have the horses out of the barn for the entire duration of the season. We pay a tax for our
property and yet are hostage to the use of only the barn, dwelling and driveway because of the
lack of safety on our land.
Game hunting should not be carried out so close to rural residences that voices can be heard. I
am not talking the sound of gunfire; I mean their conversation is within earshot. I can stand in
my doorway and see and hear the hunters AT the creek bordering our property. Keep in mind my
southern horse pasture is only about 50 feet from the creek. Also note the deer are between the
hunters and my property (the edge of the creek) meaning they are discharging firearms in the
direction of my home which is also in the direction of where my horses are grazing and in the
direction of where I walk my dogs on my land.
I feel the people of Bayham, including those in agricultural residential areas have a right to an
environment free from gunfire and arrows on or near their property lines. They should never
have to fear the discharge of guns or bows in a direction which degrades the quality and
tranquility of their life. There is a constant fear throughout the season that a projectile can cause
nuisance or injury to the people, companion animals or livestock within their property lines.
Residents, their livestock and/or companion animals should be able to have full use of their
property during any season.
I feel the discharge of a firearm or bow in the immediate direction of rural occupancy should be
considered unlawful in order to provide protection of the municipality's residents and their
chattels. I firmly believe more than just a distance from a dwelling needs to be considered. As we
all know, deer rifles have a very long effective killing range and are completely indiscriminate in
what they hit.
Non hunters know not to venture into hunting territories during a season. They should not have
to restrict their use of their own property due to safety fears.
I hope and trust that the council will give serious consideration to this issue.
Regards,
Caron and Jim Wiedrick
9019 Culloden Road
Eden, Ontario N0J 1H0
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: December 21, 2017
REPORT: CAO-80/17
SUBJECT: LIFESAVING SOCIETY – BLUE FLAG BEACH AUDIT
BACKGROUND:
On September 7, 2017 the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
THAT Report CAO-56/17 re Port Burwell Blue Flag Beach Assessment be received for
information;
AND THAT the Council of the Corporation of the Municipality of Bayham accept the
recommendations within the Environmental Defence, Blue Flag Program Feasibility
Report;
AND THAT Council provide staff direction to retain the Lifesaving Society to complete an
aquatic safety audit of the Port Burwell East Beach;
AND THAT staff report back to Council following the completion of the aquatic safety
audit for further direction.
DISCUSSION
The Lifesaving Society Safety Audit is attached hereto as Appendix ‘A’. The Lifesaving
Society’s Aquatic Safety Audit report outlines the following requirements:
Please be advised the costings are estimates provided by staff and the same
are subject to formal procurement processes where required.
Primary Recommendations:
1)Create & Install Beach Regulatory Signage - $3,000
2)Provide Immediate Access to EMS Services - $2,000
3)Install Lifesaving Stations on the Pier (3) - $2,250
4)Designate a Safe Swimming Area (5) - $3,500
5)Identify ‘No Swimming Areas’ - $1,000
6)Identify the Edge of the Pier - $1,000
7)Provide a Means to Exit the Water Onto the Pier (3) - $3,000
8)Provide Emergency & Operational Procedures – Staff Time
Secondary Recommendations
1)Provide Lifesaving Station Rescue Equipment Inspection Logs – Staff Time
2)Repair Picnic Tables – Operational Budget
3)Relocate Station ‘A’ – Staff Time
Total Estimated LifeSaving Society Audit Capital Costs: $15,750
Prior to the Lifesaving Society Safety Audit, Environmental Defence conducted a feasibility
study to outline potential costs in making application for the Blue Flag designation as follows:
1)Form a Beach Management Committee
The Harbourfront Committee does not have a quorum of members. The Committee
could have a name change and a new terms of reference drafted with requests for
members of LPRCA and the Otter Valley Naturalists to join the Committee to satisfy this
requirement during the 2018-2022 term of Council.
2)Install covered recycling bins on the beach
Appropriately sized Public Space Recycling Receptacles could be placed on the beach.
These would be similar to the Public Space Recycling Receptacles placed throughout
the Municipality. This would require a capital allocation in an amount $8,000.
3)Commit to installing a Blue Flag information board upon receipt of the Blue Flag award
Flagpoles and Boards would have an approximate cost of $10,000.
4)Sample for enteroccoci/fecal strep at least five (5) times per season in addition to weekly
E.coli tests
Additional Sampling may cost approximately $500/year
Total Estimated Environmental Defence Feasibility Assessment Capital Costs: $18,000
The potential Blue Flag Beach program annual operating cost impact is estimated at $1,500-
$2,500.
The Waste Management Reserve currently has approximately $75,000 within the same. As
outlined within Report CAO 47/17 re Implementation of the Waste Diversion Transition Act,
2016 and the Ministry of the Environmental & Climate Change Strategy for a Waste-Free
Ontario: Building the Circular Economy, the waste regime in Ontario is significantly changing
and it is more cost beneficial for the Municipality to focus on recycling moving forward as said
costs will be fully borne by the ‘Producers’. This regulatory shift and the opportunity to utilize
the St. Thomas transfer station in the future, should Council determine use of the same is
warranted, provide an opportunity for the Waste Management reserve to be repurposed, if it is
the will of Council.
The Treasurer has reviewed the financial recommendations within this report and concurs with
the same.
The 2018 Blue Flag Beach Program application is due prior to January 12, 2018.
RECOMMENDATION
1.THAT Report CAO-80/17 re Lifesaving Society – Blue Flag Beach Audit be received for
information;
2.AND THAT Council direct staff to utilize Waste Management funds to comply with the
recommendations made within the Lifesaving Society Safety Audit dated November 22,
2017;
3.AND THAT Council direct staff to utilize Waste Management funds to complete the
requirements outlined within the Environmental Defence Blue Flag Beach Feasibility
Study;
4.AND THAT staff be directed to make application to the Blue Flag Beach Program prior
to January 12, 2018.
Respectfully Submitted by:
Paul Shipway
CAO|Clerk
COMPREHENSIVE AQUATIC SAFETY AUDIT REPORT
Port Burwell, (Ontario)
File: ON-0917Burwell
CLIENT
Port Burwell Municipal East Beach
1 Robinson Street
Port Burwell, ON N0J 1T0
LIFESAVING SOCIETY
400 Consumers Road
Toronto, Ontario M2J 1P8
(416) 490-8844
Done: November 22, 2017
TABLE OF CONTENTS
Summary Findings ........................................................................................................................................................ 3
AQUATIC FACILITY ................................................................................................................................................. 5
Summary Findings
Introduction-Summary
General statements
Aquatic Safety Audit
On September 11, 2017, the Municipality of Bayham retained the Lifesaving Society to undertake
a comprehensive aquatic safety audit of their beach operations. An initial meeting was held with
Mr. Paul Shipway for the Municipality of Bayham and Mr. Michael Shane, Safety Management
Director - Lifesaving Society. It was agreed that the purpose of the aquatic audit was to maximize
the safety of participants at the East Beach location. The safety audit would identify what steps
might be taken to minimize the risk of drowning or serious water-related injuries. It was agreed
that the scope of the safety audit would include discussions with management in addition to an
evaluation of the beach. This evaluation would report only on those items that require attention. It
would not address aspects that were satisfactory or exceptional.
Aquatic Safety Audit Process
Personnel
The Lifesaving Society appointed Michael Shane as Aquatic Safety Management Services - Chief
Auditor. Michael has extensive experience in municipal aquatic and beach management. The
Lifesaving Society also appointed the following Aquatic Safety Auditors: Mr. Scott Ruddle and
Ms. Conny Smith. All of the individuals appointed have extensive experience in aquatic facility
operations.
The Municipality of Bayham appointed Mr. Paul Shipway as the primary contact for the safety
audit team.
Audit Components
The audit team followed a process that included:
On-site safety inspection of the beach and pier
Interviews with management staff within the organization.
Completion of a final report.
Facility Safety Inspections
The safety audit team completed its inspection of the beach on October 4 and November 10, 2017.
In their detailed inspection, the auditors examined the beach applying criteria developed by the
Lifesaving Society from sources that included:
Government of Ontario statutes
Recommendations from coroners’ inquests.
Lifesaving Society standards concerning the operation of public waterfronts.
Lifesaving Society research into drownings in swimming pools.
Other relevant government regulations and acts.
As part of the inspections, staff members designated on the inspection day as the facility
representative were questioned regarding specific facility operations, staff training, staff
certifications and other general topics. If Priority Concerns were identified, they were discussed
with the designated facility representative immediately following the facility inspection. In
addition a Priority Report form was given to this representative.
Staff Interviews
Following the facility inspections, the safety audit team conducted interviews with employees
representing various relevant functions. The interviews were designed to gather the views of staff
on the City’s aquatic operation.
The members of the audit team asked questions of each interviewee, after which staff were invited
to share additional thoughts with assurances that specific comments would be unattributed.
Summary Findings
We direct your attention to the following concerns and recommendations. The Lifesaving
Society’s aquatic safety audit reports Priority Concerns, Primary and Secondary
Recommendations.
Primary Recommendations
Primary Recommendations
Primary Recommendations
The Society’s aquatic safety audit presents eight (8) Primary Recommendations. Primary
Recommendations address situations in contravention of a relevant Province of Ontario statute or
the Lifesaving Society’s position on what constitutes reasonable safe practices. Primary
Recommendations should receive focused attention by facility management.
Priority Concerns
Priority Concerns
Priority Concerns
The Society’s aquatic safety audit revealed zero (0) problems to warrant Priority Concern status.
Priority Concerns represent major safety risks to the public and merit immediate action. The
Lifesaving Society alerts aquatic facility operators to Priority Concerns at the time of the beach
inspection.
Secondary Recommendations
Secondary Recommendations
Secondary Recommendations
The Society’s aquatic safety audit presents three (3) Secondary Recommendations are designed to
enhance the safe use of the beach. Action on Secondary Recommendations can proceed within the
facilities ongoing operations.
AQUATIC FACILITY
Facility- Waterfront Unsupervised
Primary Recommendations
Create and install beach signage.
It is recommended that a beach sign plan be created and installed to ensure a consistent message
and should adhere to the content outlined in the Lifesaving Society Waterfront Safety Guidelines,
and signs installed in strategic locations to ensure that it can be seen and read by the majority of
patrons.
Beach Information signage
Information signs should be posted at entrances and exits, or where there are not specific entrances
and exits, at reasonable intervals along/near the swimming area. Ideograms are an excellent means
to communicate messages to the public. Examples of such ideograms are appended to this report.
These information signs should indicate:
- Swimming area is not supervised; children require direct supervision by parents or adults.
- Waterfront conditions (depth, bottom, etc.) may change.
- Location of telephone for emergency use (or other communication device),
- Location of nearest first aid station.
- Diving can result in serious injury or death; patrons are cautioned against diving, or to
perform only foot first entries in areas unsafe for diving or where uncertain of water depth.
- Hours of operation are identified where applicable
- Beach safety rules such as “No Dogs”, “No Fires”, “No Glass” etc.
- Name and address of facility and operated by:____________________.
- Report any site deficiencies to:______________________.
This information sign should also include a map of beach area, locations of safety equipment,
emergency telephone, designated swimming area, flag protocols, beach rules and the hazard areas
(rip current location(s). beach access points, washroom location.
It is also recommended that staff and appropriate authorities review signage bylaws to ensure that
signage includes correct language to allow enforcement on beach bylaws and fines for Lifesaving
equipment removed from the beach. Many municipalities across Ontario post the actual bylaw
number on the signage to allow for enforcement. This will ensure that appropriate information is
communicated to beach patrons. Since signage is often removed from the beach area, staff should
investigate ways of making signage permanent and inaccessible.
Primary Recommendations
Provide immediate access to EMS services.
When an emergency occurs immediate access to EMS services will enhance victim care. A
communication plan should be developed and implemented so that bathers will have access to
these services when an emergency occurs. Possible solutions include: a payphone installed at the
beach washroom, directions to a nearest payphone, or a direct telephone line that connects to EMS.
Primary Recommendations
Install lifesaving stations on the pier.
At the time of the audit, no lifesaving stations were provided on the pier. There is a need for these
stations to be installed to ensure the public has access to rescue equipment to assist in a water
emergency, without having to enter the water or to provide safety separation from the victim if
they do enter the water.
The recommended installation locations are depicted in Appendix 1.
Equipment located at each rescue station should include:
A reaching pole of at least 3m in length.
A buoyant throwing aid attached to a 6mm line at least 8m in length.
Appropriate signage as dictated by the Lifesaving Society Waterfront Safety Guidelines.
Signage that indicates the purpose of the equipment and warns of misuse and consequences
should also be installed on each station.
Primary Recommendations
Designate a safe swimming area.
The swimming area and beach intended for use by patrons should be clearly designated through
signs and buoy markers. This area should be at least 75 m away from the pier as to reduce bather
entrapment in rip currents.
The designated beach area can be identified through signage, flags or some combination.
The designated swim area can be designated with swim buoys. These are typically white with
Swim Area and reflective tape. These buoys should confirm to the CGC Regulations. These in
water markers should be no more than 150 m apart. By designating the swimming area with these
buoys, boaters and the public in the area will be aware of the swimming area.
sample buoy
Primary Recommendations
Identify no swimming areas.
Steps should be taken to conduct regular inspections of the swimming areas and identify any in
water hazards to bathers and boaters. Once identified, these should be evaluated and steps taken to
warn, minimize or remove them from the area.
It has been noted that rip currents develop in this beach area particularly adjacent the pier. A
public education campaign should be created and launched each season to warn beach goers of this
hazard and the steps they should follow if caught in a rip current. Signage on the beach should
also be provided educating and warning bathers of this hazard.
Areas of the beach prone to rip currents - along the eastern side of the pier - should not be included
in the designated swimming area and signage should be installed warning bathers of this hazard.
Secondary Recommendations
Provide lifesaving station rescue equipment inspection logs.
Lifesaving stations equipment should be inspected on a regular basis to ensure it is ready for use
by bathers in an emergency situation. A log should be maintained of these checks and filed by the
owner for at least one year.
Primary Recommendations
Identify the edge of the pier.
To identify the edge and prevent people from walking too closely or falling off into the water steps
should be taken to warn or educate patrons in these areas.
Require edge of pier identified
Secondary Recommendations
Repair picnic tables.
Some of the seats on the picnic tables were broken or cracked. These should be repaired or
replaced before the next season begins to prevent injuriies to bathers using the tables.
Primary Recommendations
Provide a means to exit the water onto the pier.
Patrons may find themselves in the water on either side of the pier. To enable patrons to safely
exit the water, ladders should be installed on both sides of the pier. Ideally this would be at the
end of the pier and at one other ladder along each side of the pier.
Primary Recommendations
Provide emergency and operational procedures.
The staff on site should have information available and be trained in any emergency or operational
procedures that are required to ensure patron safety. Staff should have a basic understanding of
what to do when an emergency occurs. These procedures should be posted in staff areas or
provided to staff in written form.
Secondary Recommendations
Relocate Station A.
Station A should be relocated to the west of its current location. This would place it more central
to the furthest section of the smaller east beach section. By doing this it would be more readily
accessible to the public in this area of the beach when an emergency occurs.
relocate further westward of current location
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: December 21, 2017
REPORT: CAO-81/17
SUBJECT: CAPITAL ITEM PW-5 SPRINGER HILL RD.
BACKGROUND:
The 2018-2027 Approved in Principle Capital Budget contains Capital Item PW-5 Springer Hill
Rd - $375,000. The project includes multiple components including granular upgrades, culvert
replacement, culvert sliplining, ditching and surface treatment.
DISCUSSION
Staff sought quotes from Sliplining Contractors for the following works on Springer Hill Road:
1)Existing 36" CSP (1.1 km N of Glen Colin)
Proposed 27" ID Streamliner OD = 30.5"
Complete with concrete headwalls and annular void filled with cellular grout
2)Existing 60" CSP (Just N of Glen Colin)
Proposed 25m of 48" ID Streamliner OD= 54.9"
Complete with concrete headwalls and annular void filled with cellular grout
Sliplining is a method for trenchless rehabilitation of existing culverts. Sliplining is used to repair
leaks, restore structural stability or extend the life of an existing culvert. Sliplining is completed
by installing a smaller, ‘carrier pipe’ into a larger ‘host pipe’, grouting the annular space between
the two pipes, and sealing the ends.
The quotes for the works are as follows:
Vendor Bid
Van Gorp Farm Drainage $40,603+HST
Gary D. Robinson Contracting Ltd. $23,250+HST
Elgin County utilizes Gary D. Robinson Contracting Ltd. for culvert sliplining and has positive
experience with the workmanship of the same. Awarding these works early will permit the
sliplining works to be conducted early in 2018 prior to additional Springer Hill Rd related capital
works.
Additionally, the Municipality requires various culverts for replacement on Springer Hill Rd. The
quotes for the materials are as follows:
Pipe Size Union Pipe Armtec Reid`s Precast
375 mm Boss 2000
(8 metres x 16)
$5,153.28 $4,968.96 $5,322.24
600 mm Boss 2000
(18 metres x 5)
$8,064.90 $7,188.30 $6,801.30
RECOMMENDATION
1.THAT Report CAO-81/17 re Capital Item PW -5 – Springer Hill Rd. be received for
information;
2.AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
bring forward a By-law to enter into an Agreement with Gary D. Robinson Contracting
Ltd. for the provision of culvert sliplining in the amount of $23,250+HST for Council
consideration.
3.AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
procure culvert materials from Armtec in the amount of $4,968.96+HST and Reid’s
Precast in the amount of $6,801.30+HST for Springer Hill Road Capital works.
Respectfully Submitted by:
Paul Shipway
CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: December 21, 2017
REPORT: CAO-82/17
SUBJECT: COUNCIL CODE OF CONDUCT
BACKGROUND:
On October 16, 2014 the Council of the Corporation of the Municipality of Bayham passed By-
law No. 2014-103, being a by-law to establish Rules of Procedure and a Council Code of
Conduct.
On July 20, 2017 the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
THAT Report CAO-46/17 re Bill 68, Modernizing Ontario’s Municipal Legislation
Act be received for information;
THAT staff be directed to bring forward amended policies for Council consideration
to proactively comply with the provisions of Bill 68 Modernizing Ontario’s Municipal
Legislation Act;
AND THAT staff be directed to request Elgin County to coordinate a meeting of all
Elgin County CAO’s to develop a process, for Council consideration, to appoint a
joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68
requirements for all Elgin County Municipalities.
On October 17, 2017 the Council of Elgin County passed the following resolution:
THAT Elgin County Council support and endorse the joint Request for Proposal
with the County of Middlesex for the services of Integrity Commissioner, Closed
Meeting Investigator and Municipal Ombudsman; and,
THAT the Chief Administrative Officer be authorized and directed to participate in
the shortlisting and selection process and to sign the necessary Memorandum of
Understanding, once reviewed by the County Solicitor, with Middlesex County to
affect the RFP process; and,
THAT the results of the RFP be reported back to Elgin County Council once
complete.
On November 14, 2017 the Council of Elgin County passed the following resolution:
THAT Elgin County Council approve the Code of Conduct for Members of County
Council and Council’s Local Boards and Committee Members; and,
THAT the appropriate By-Law be prepared.
On November 28, 2017 the Council of Elgin County passed By-law No. 17-39 being a By-law to
adopt a County Council code of Conduct.
On December 14, 2017 the Council of Elgin County passed By-law No. 17-42 being a By-law to
appoint Independent Resolutions Incorporated as the Integrity Commissioner, Closed Meeting
Investigator & Ombudsman for the County of Elgin pursuant to Sections 8, 9, 10, 11, 223.3,
223.13 & 239.2 of the Municipal Act, 2001, S.O. 2001, C.25, as amended.
DISCUSSION
The Municipality of Bayham has had a Code of Conduct in place, since October 16, 2014.
During that time period no formal investigations have been conducted.
As previously noted by staff, Elgin County currently provides Closed Meeting Investigator and
Integrity Commissioner Services through an agreement with Mr. John Maddox. Staff
respectfully recommended that Elgin County Municipalities formulate a process to appoint a
joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68 requirements
for Council consideration. During that process Elgin County partnered with Middlesex County to
formulate a standardized Code of Conduct for procurement, training and enforcement
efficiencies. Although not mandatory for lower-tiers, including Bayham, to adopt the specific
version of the County Code of Conduct, as a result of potential cost savings versus a stand-
alone Code of Conduct staff recommend Council adopt the County Code of Conduct attached
hereto as Appendix ‘A’. Staff have made the following alterations to the County Code of
Conduct:
1)Changed all references from Elgin County to the Municipality of Bayham
2)Added Section 8.1 and 8.2 to the Code of conduct and subsequently renumbering
previous Sections 8.1 to 8.7 as Sections 8.3 to 8.9. Section 8.1 and 8.2 incorporate
statements from the previous Code outlining the employee obligation to recognize that
members of Council have been duly elected to serve the residents of Bayham and
respect the role of Council in directing the actions of the Municipality.
3)Section 12.1 Use of Corporate Resources. Added reference to the specific Municipality
of Bayham policy.
4)Section 18.2 policy reference was changed to specific Municipality of Bayham policies
versus Elgin County policies.
Although the County has appointed a contractor for Integrity Commissioner, Closed Meeting
Investigator and Ombudsman services, staff would respectfully recommend remaining with the
Ontario Ombudsman for Ombudsman services as no municipal cost is involved with the same
and to date the process has functioned seamlessly for all parties as there is little grey area in
the specific role.
RECOMMENDATION
1.THAT Report CAO-82/17 re Council Code of Conduct be received for information;
2.AND THAT Council direct staff to bring forward a by-law for Council consideration to
adopt a Council Code of Conduct.
3.AND THAT Council direct staff to bring forward a by-law for Council consideration to
appoint a Closed Meeting Investigator and Integrity Commissioner.
Respectfully Submitted by:
Paul Shipway
CAO|Clerk
CODE OF CONDUCT
FOR MEMBERS OF COUNCIL
AND LOCAL BOARDS OF THE
CORPORATION OF
THE MUNICIPALITY OF BAYHAM
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 2
Table of Contents
PART 1: PREAMBLE: ................................................................................................................. 3
PART 2: DEFINITIONS ............................................................................................................... 3
PART 3: APPLICATION .............................................................................................................. 4
PART 4: PURPOSE .................................................................................................................... 4
PART 5: GENERAL DUTIES ...................................................................................................... 5
PART 6: CONFLICT OF INTEREST ........................................................................................... 5
PART 7: GIFTS AND PARTICIPATION AT EVENTS .................................................................. 6
PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS & MUNICIPAL STAFF ......... 8
PART 9: IMPROPER USE OF INFLUENCE ............................................................................... 8
PART 10: CONFIDENTIAL INFORMATION ................................................................................ 9
PART 11: COMMUNICATIONS AND MEDIA RELATIONS ......................................................... 9
PART 12: MUNICIPAL ELECTION CAMPAIGNS ..................................................................... 10
PART 13: CONDUCT OF FORMER MEMBERS ....................................................................... 10
PART 14: USE OF MUNICIPAL PROPERTY............................................................................ 10
PART 15: NEPOTISM ............................................................................................................... 11
PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER ................................................. 11
PART 17: REPRISALS ............................................................................................................. 11
PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS:...................................... 12
18.1 REQUIREMENTS ................................................................................................ 12
18.2 MUNICIPAL POLICIES………………………………………………………………… 12
PART 19: COMPLIANCE / ACCOUNTABILITY / ENFORCEMENT .......................................... 12
PART 20: OTHER COMPLAINCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO
THE INTEGRITY COMMISSIONER ............................................................................. 15
PART 21: JUDICIAL INVESTIGATION ..................................................................................... 16
PART 22: SUMMARY ............................................................................................................... 18
COUNCILLOR ACKNOWLEDGEMENT ................................................................................. 19
Appendix A ................................................................................ Error! Bookmark not defined.
Appendix B ............................................................................................................................. 21
Appendix C ............................................................................................................................. 23
Appendix D ................................................................................ Error! Bookmark not defined.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 3
PART 1: PREAMBL E
Members have important obligations and responsibilities to those they represent, service and
interact with in connection with carrying out the roles and duties attending a Member's office.
The purpose and intent of this Code of Conduct is as follows:
(i) To establish guidelines for ethical conduct required of Members;
(ii) To establish guidelines to encourage and ensure interpersonal conduct,
communications and interactions consistent with legal requirements (i.e.
Occupational Health and Safety Act, Ontario Human Rights Code); and
(iii) To provide mechanisms to ensure accountability and compliance with the required
ethical and interpersonal conduct standards of this Code of Conduct.
PART 2: DEFINITIONS
2.1 "Censure" means an official expression of disapproval or condemnation.
2.2 “Clerk” shall mean the Clerk of the Municipality of Bayham.
2.3 “Closed Meeting” shall mean a meeting or part of a meeting of Council not open to the
public in accordance with the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended.
2.4 “Committee” shall mean an Advisory Board or Committee established by Council.
2.5 "Complaint" shall mean an alleged violation of this Code.
2.6 "Confidential Information" includes information in the possession of the Municipality that
the Municipality is prohibited from disclosing under the Municipal Freedom of Information
and Protection of Privacy Act, the Personal Health Information Protection Act, 2004 and
other applicable legislation. Confidential Information also means any information that is of
a personal nature to Municipal employees or clients or information that is not available to
the public and that, if disclosed, could result in loss or damage to the Municipality or could
give the person to whom it is disclosed an advantage. Confidential Information includes
items disclosed or discussed at closed sessions of Council and Committee meetings.
2.7 "Council" shall mean the elected officials who constitute municipal council for the
Corporation of the Municipality of Bayham.
2.8 "Employee" shall mean a person employed by the Municipality, including those employed
on personal service contracts and volunteers, but does not include members of Council.
2.9 "Gift" includes any cash or monetary equivalent fee, object of value, service, forbearance,
preferential treatment or personal benefit received from a third party.
2.10 “Good Faith” shall mean accordance with standards of honesty, trust and sincerity as
practiced and understood within the Municipality of Bayham.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 4
2.11 "Integrity Commissioner" shall mean a person appointed by Council to provide
independent and consistent complaint investigation and resolution respecting the
application of the Code of Conduct.
2.12 "Immediate Relative" shall mean a parent, child, sister, brother, sister-in-law, brother-in-
law, father-in-law, mother-in-law, as well as step-relationships.
2.13 "Lobby" or “lobby” shall mean to communicate with a member outside of a public process
about matters of interest or benefit to the lobbyist and their client business organization.
Communication may be about a bylaw or resolution on any matter that requires a decision
by Council, a local board, or delegated decision-maker and includes matters regarding
policies or programs, the purchase of goods and services and the awarding of contracts,
applications for a service grant, planning approval, or other licence.
2.14 "Media" includes any entity such as radio, television, newspaper, magazine, websites,
blogs, social media, twitter feeds or other vehicles for the public dissemination of
information.
2.15 “Member” means any member of Council, and includes the Mayor and any member of the
public appointed to a committee or advisory board.
2.16 “Meeting” shall mean any regular, special or other meeting of Council.
2.17 "Pecuniary Interest" shall mean an interest that has a direct or indirect financial impact or
as defined under the Municipal Conflict of Interest Act, as amended.
2.18 "Spouse" shall mean the person to whom a Member is married or with whom the Member
is living in a conjugal relationship.
PART 3: APPLICATION
3.1 This Code of Conduct applies to the Mayor, Deputy Mayor and all Members of Council and
members of the public appointed to committees and advisory boards.
PART 4: PURPOSE
4.1 A Member's conduct and behavior in terms of ethics and interpersonal conduct and
communications are regulated by legislative acts including but not limited to:
a) Criminal Code of Canada;
b) Human Rights Code;
c) Municipal Act, 2001;
d) Municipal Conflict of Interest Act;
e) Municipal Freedom of Information and Protection of Privacy Act;
f) Municipal Elections Act, 1996;
g) Personal Health Information Protection Act, 2004;
h) The Public Inquiry Act; and,
i) The Occupational Health and Safety Act.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 5
PART 5: GENERAL DUTIES
5.1 It shall be the duty of all Members to abide by all applicable legislation, policies and
procedures pertaining to their position as a Member.
5.2 Members shall at all times serve and be seen to serve their constituents in a
conscientious and diligent manner.
5.3 Members will conduct their dealings with each other in ways that maintain public
confidence in the position to which they have been elected or appointed.
5.4 Members will be open and honest, focus on issues rather than personalities, and avoid
aggressive, offensive or abusive conduct.
5.5 Members shall accurately and adequately communicate the attitudes and decisions of the
Council even if they disagree with Council’s decision, such that respect for the decision
making processes of Council is fostered.
5.6 Members shall conduct themselves at all Council and Committee Meetings with decorum,
in accordance with the Municipality of Bayham Procedural By-law.
5.7 In accordance with the Municipal Act, 2001 and the Municipal Conflict of Interest Act,
every Member shall exercise his or her power and discharge his or her official duties in
accordance with the following guiding principles:
a) Seek to advance the common good of the Municipality of Bayham;
b) Exercise care, diligence and skill that a reasonably prudent person would exercise
in similar circumstances;
c) Exercise his or her powers only for the purposes for which they were intended; and,
d) Truly, faithfully and impartially exercise his or her office to the best of his or her
knowledge and ability.
PART 6: CONFLICT OF INTEREST
6.1 Members have strict obligations to avoid conflicts of interest by taking the following steps
whenever a member has a direct or indirect pecuniary interest in any matter that is before
Council in a meeting where the member is present:
(i) disclose the general nature of the member's interest, pursuant to the Municipality of
Bayham Procedural By-law, prior to any consideration of the matter in the meeting;
(ii) refrain from participating in the discussion of the matter or in any vote on the matter;
and,
(iii) refrain from attempting to influence the voting on the matter or question, before, during
or after the meeting.
6.2 All members have important ethical and statutory obligations to adhere to the steps
outlined above to ensure avoidance of any conflict of interest in connection with carrying
out the obligations of the Member's office.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 6
6.3 Each Member must declare the conflict of interest and general nature thereof verbally at
the beginning of each meeting and provide the Clerk with the signed declaration in
accordance with Appendix D attached.
6.4 While the Integrity Commissioner may provide general interpretation of the Municipal Conflict
of Interest Act (MCIA), it is expected that members seek independent legal advice on a
specific question of individual compliance with the MCIA.
6.5 Members shall be responsible for ensuring that they are familiar with the Municipal Conflict
of Interest Act. If, upon review by the Integrity Commissioner, a complaint is deemed to be
a matter covered by the Municipal Conflict of Interest Act, the Integrity Commissioner shall
advise the complainant, with an explanation, in writing, and an investigation may be
conducted in accordance with powers and duties of integrity commissioner.
PART 7: GIFTS AND PARTICIPATION AT EVENTS
7.1 No Member shall solicit or accept any gift or accept or receive a fee, advance, cash or
personal benefit that is directly or indirectly connected with the performance of his or her
duties of office. For the purposes of this provision any gift provided to a Member's child,
parent or spouse with the Member's knowledge shall be deemed to be a gift accepted by
that Member;
7.2 The Municipality recognizes that moderate hospitality and participation in charitable non-
profit fundraising and business events is an accepted facet of community participation
and business relationships. Accordingly, the following types of gifts are recognized as
exceptions to the prohibition in Section 7.1:
a) gifts that are received as an incident of protocol or social obligation that normally and
reasonably accompany the responsibilities of office;
b) token gifts such as souvenirs, mementoes and commemorative gifts that are given in
recognition of service on a committee for speaking at an event or representing the
Municipality at an event;
c) food and beverages consumed at lunches, dinners, charity fundraisers, banquets
receptions, ceremonies or similar events if the Member's attendance serves a
legitimate municipal purpose;
d) communications to the offices of a Member including subscriptions to newspapers and
periodicals;
e) compensation authorized by law;
f) political contributions that are offered accepted and reported in accordance with
applicable law;
g) services provided without compensation by persons volunteering their time;
h) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies,
cultural events, sporting events, business galas, political events and similar events if
the Member's attendance serves a legitimate municipal purpose;
i) reasonable payment for participation in or organizing any reception, dinner, gala,
golf tournament, or similar event to support charitable causes or a political
fundraising event and food, lodging, transportation or entertainment from a not for
profit non-government organization;
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 7
7.3 Within 30 days of receipt of any gift described in Section 7.2, Members shall file a
disclosure statement, in accordance with the format set forth in Appendix ‘A’, with the
Integrity Commissioner for any gift that exceeds $200 in value. If the value of any gift
described in Section 7.2 exceeds $500 or if the total value of such gifts received from any
one source during one calendar year exceeds $1,000 the Member shall file a disclosure
statement with the Integrity Commissioner within 30 days of the receipt of the gift. Every
disclosure statement shall indicate:
(i) the nature of the gift;
(ii) its source and date of receipt;
(iii) the circumstances under which it was received; and
(iv) its estimated value.
7.4 Every disclosure statement to the Integrity Commissioner and as anticipated in 7.3 above
shall be a matter of public record.
7.5 The Integrity Commissioner shall report to Council annually on all gifts received by
Members that are disclosed in accordance with Section 7.2.
7.6 The Integrity Commissioner shall examine every disclosure statement filed with him or her
to ascertain whether the receipt of the gift might in her or his opinion create a conflict
between a private interest and the public duties of the Member.
7.7 If the Integrity Commissioner makes a preliminary determination of a conflict the Member
shall be asked to justify receipt of the gift.
7.8 If the Integrity Commissioner determines that receipt of the gift was prohibited he or she
shall report the findings to Council.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 8
PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS & MUNICIPAL STAFF
8.1 Mutual respect and cooperation are required to achieve the Council’s corporate goals
and implement the Council’s strategic priorities through the work of staff.
8.2 Employees have an obligation to recognize that members of Council have been duly electe d
to serve the residents of Bayham and respect the role of Council in directing the actions of the
Municipality.
8.3 Members have a duty to treat members of the public, each other and staff with respect and
dignity and without abuse, bullying or intimidation;
8.4 Members have a duty to ensure that the Municipality's work environment is safe and free from
discrimination and harassment;
8.5 Members are to recognize that Employees serve Council and work for the municipal
corporation under the direction of the CAO|Clerk. Council directs Employees through its
decisions as recorded in the minutes and resolutions of Council. The role of Employees is to
provide advice and services that are based on political neutrality, objectivity and professional
judgment which may not necessarily reflect the opinion or position of any single Member.
Members have no individual capacity to direct Employees to perform specific functions.
8.6 Inquiries of Employees from Members should be directed to the CAO|Clerk.
8.7 No Member shall compel Employees to engage in partisan political activities or be subjected
to threats, discipline or discrimination for refusing to engage in any such activity.
8.8 Members shall show respect for the professional capacities of Municipal Employees. Some
Employees have professional credentials which create separate legal and ethical obligations
for those Employees. Members shall refrain from any conduct which may deter, interfere or
unduly influence Employees in such a manner as to result in them violating their professional
legal or ethical obligations.
8.9 Certain Employees hold positions within the administration of justice. Members shall refrain
from making requests or statements or otherwise taking action which may be construed as an
attempt to influence the independence of staff working within the administration of justice.
PART 9: IMPROPER USE OF INFLUENCE
9.1 No Member shall use his or her office to seek to influence any decision made or to be
made by Council to the Member's private advantage or to the advantage of another
person.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 9
9.2 No Member shall use his or her office to seek to influence or interfere with the
administration or enforcement of the Municipality's regulatory By-laws or other laws
enforced by the Municipality. Notwithstanding the foregoing, it is recognized that Members
of Council may in good faith raise the concerns of residents with Municipal Employees for
the purpose of determining if those concerns can be resolved having due regard for the
public interest in fair and impartial By-law enforcement.
9.3 All applicants for Municipal positions shall have an equal opportunity to obtain such
employment. No Member shall use his or her office to seek to inappropriately influence
the hiring of specific individuals for any position within the Municipality.
9.4 Nothing in this Section prohibits a Member from providing a reference for an applicant for
any position within the Municipality, or offering his or her opinions and voting on any
decision to hire a CAO|Clerk.
9.5 No Member shall support any cause or third party using the Municipality's corporate logo
or the Municipal letterhead in any communication intended to solicit funds without a vote
or resolution of Council.
PART 10: CONFIDENTIAL INFORMATION
10.1 Members shall hold in strict confidence all Confidential Information concerning matters
dealt with in-camera. No Member shall release, make public or in any way divulge any
such Confidential Information or any aspect of the in-camera deliberations unless
expressly authorized by Council or required By-law.
10.2 No Member shall release, make public or in any way divulge any such Confidential
Information acquired by virtue of his or her office unless expressly authorized by Council
or required By-law. The capacity to release Confidential Information can only be made by
a majority of Council, and no individual member of Council has authority to waive this
privilege.
10.3 No Member shall use information gained in the execution of his or her office that is not
available to the general public for any purpose other than his or her official duties.
10.4 No Member shall access or attempt to gain access to Confidential Information in the
custody of the Municipality except to the extent necessary for the performance of his or
her duties as a Member and not prohibited by this Code or any other statute, By-law or
policy.
10.5 Members are only entitled to Confidential Information in the possession of the Municipality
that is relevant to matters before the Council or Committee. Beyond this entitlement,
Members have the same level of access to information as does any other citizen.
PART 11: COMMUNICATIONS AND MEDIA RELATIONS
11.1 In order to foster respect for the decision making process of Council, Members
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 10
shall fairly and accurately communicate the decisions of Council, even if they disagree with
a majority decision of Council, and/or voted in the minority. Members may publicly express
disagreement with a decision, but are to do so in a respectful manner.
11.2 In communications with the media, Members shall not indicate, implicitly or explicitly, that
they speak on behalf of Council, unless they have been authorized to do so by Council.
11.3 Members shall refrain from making disparaging remarks about other Members, members
of the public, Employees or Council's process and decisions.
PART 12: MUNICIPAL ELECTION CAMPAIGNS
12.1 Members of Council are required to comply with the Municipal Elections Act, 1996 and the
Municipality of Bayham Use of Corporate Resources for Election Purposes Policy as
authorized by By-law No. 2016-107.
12.2 No Member shall use Municipal property, including the Municipality's logo, for any election
campaign or campaign related activities.
12.3 No Member shall undertake campaign related activities on Municipally owned lands, with
the exception of the permissible use of campaign signs along road allowances, and in
compliance with any local sign By-laws, as applicable.
12.4 No Member shall use the services of Employees in work for his or her (re)election during
hours in which those Employees are being paid by the Municipality. The participation of
Municipal staff with respect to municipal elections is generally discouraged.
PART 13: CONDUCT OF FORMER MEMBERS
13.1 The Municipality shall not hire or award any contract to any former Member for a period of
12 months from the date the former Member ceased to hold office except where the
former Member is the successful bidder through a quote or tender consistent with
appropriate Municipal policies.
13.2 A former Member may not lobby the Municipality or any Member for a period of 12
months from the date the former Member ceased to hold office.
PART 14: USE OF MUNICIPAL PROPERTY
14.1 Members may only use Municipal property, including land, facilities, equipment, supplies,
services, staff or other resources (for example, Municipally owned materials, computers,
networks, websites) for activities directly connected with the discharge of their official
Municipal duties or, as appropriate, local municipal duties.
14.2 Occasional or incidental personal use of Municipal computers, phones or similar devices
and communication systems is acceptable, subject to the provisions of the Municipal
Elections Act. Such use may also be subject to the Municipal Freedom of Information and
Protection of Privacy Act.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 11
14.3 No Member shall obtain financial gain from the use or sale of Municipally-developed
intellectual property including inventions, cultural materials, computer programs, technical
innovations, or other items capable of being patented, or copyrighted, as all such property
remains exclusively that of the Municipality.
PART 15: NEPOTISM
15.1 No Member shall attempt to influence the hiring or promotion of a Spouse or Immediate
Relative.
15.2 No Member shall make any decision or participate in the process to hire, transfer,
promote, demote, discipline or terminate a Spouse or Immediate Relative.
15.3 If a Spouse or Immediate Relative of a Member is an applicant for employment
with the Municipality or candidate for promotion or transfer, the Spouse or Immediate
Relative will proceed through the usual selection process with no special consideration.
15.4 No Member shall place himself or herself in a position where he or she could have
influence over their Spouse or Immediate Relative's employment.
15.5 No Member shall attempt to use a Spouse or Immediate Relative relationship for financial
or other gain.
PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER
16.1 No Member shall obstruct the Integrity Commissioner in the carrying out of their
responsibilities.
16.2 It is a violation of this Code to obstruct any staff member acting under the instruction of
the Integrity Commissioner in applying or furthering the objectives or requirements of this
Code, in attempting to gather information or data, or in the general conduct of duties with
respect to a Code of Conduct investigation.
16.3 Examples of obstruction under sections 16.1 or 16.2 include the destruction of
documents, the erasure of electronic documents, withholding or concealing the existence
of documents and refusal to respond to inquiries from the Integrity Commissioner within
15 days of receipt of same.
PART 17: REPRISALS
17.1 No Member shall seek any reprisal or threaten any reprisal against a complainant or any
other person for providing relevant information to the Integrity Commissioner in the course
of inquiry pursuant to a complaint.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 12
PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS:
18.1 REQUIREMENTS
Members have important legal responsibilities and accountabilities in connection with the tone
and substance of interpersonal interactions, conduct or communications pursued in the context of
carrying out the activity of a municipal Councillor.
18.2 MUNICIPAL POLICIES
The purpose of this section of the Code of Conduct is to ensure that Members governed by this
Code of Conduct understand and comply with standards of conduct required at law in terms of their
interpersonal interactions, communications and conduct. As outlined within various policies and the
Municipality of Bayham Personnel Policy Manual.
The Municipal Corporation and Members, as agents of the Municipal Corporation share important
obligations for ensuring compliance with required standards of interpersonal conduct and
interactions. A failure to adhere to the required Standards of Conduct can expose both the
Municipality, and individual Members to potential liabilities.
Human Rights Guarantees: The Obligation to Treat Every Person with Dignity,
Understanding and Respect and Avoid Harassment and Discrimination
The Ontario Human Rights Code extends equality rights guarantees in the context of
employment and the delivery of services. A Municipal Government is both an employer and
service provider.
As a result the interactions and conduct of Members governed by this Code of Conduct generally
occur in the context of providing services or interacting with employees.
In connection with such interactions, Members have a legal obligation to ensure adherence to
equality rights guarantees. Members have an obligation to ensure that all individuals dealt with
are treated with dignity and respect, and not exposed to harassment or discrimination as
prohibited by the Human Rights Code.
As a Member your obligations in this regard extend to anyone you deal with in the context of
employment or delivery of services; including but not necessarily limited to the following: other
Members of Council, Committee Members, Local Board Members, Corporate Employees,
individuals providing services, contractors, students, the public.
PART 19: COMPLIANCE / ACCOUNTABILITY / ENFORCEMENT
19.1 The Municipality has important obligations and interests in ensuring compliance with the
ethical and interpersonal conduct standards required of Members by this Code of
Conduct.
19.2 The Municipality has an interest and obligation to respond to all allegations, complaints or
incidents of alleged conduct inconsistent with the standards outlined in this Code of
Conduct in a manner consistent with the interests and legal obligations of the Municipality.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 13
19.3 The Municipality recognizes that the Municipality and the Members have a mutual interest
in providing and encouraging access to compliance/enforcement mechanisms in
connection with the conduct required by this Code that deliver objective, independent,
skilled and efficient determinations in connection with alleged misconduct by any Member.
19.4 The Municipality shall appoint an Integrity Commissioner pursuant to Section 223.3(1) of
the Municipal Act and, when proclaimed, Bill 68 “Modernizing Ontario’s Municipal
Legislation Act, 2017” to inquire into and determine any alleged non-compliance with the
standards of conduct defined in the Code of Conduct and to investigate and advise on the
(MICA) in March 2019 and thereafter by a Member.
19.5 In all circumstances where the Municipality becomes aware of an allegation that a
Member has engaged in any prohibited activity or breached any standard of conduct
outlined in this Code of Conduct, whether by informal communications or formal
complaints, the matter will be addressed as follows:
(i) The ‘informal’ complaint procedure, pursuant to Part 23, may be followed but is not
mandatory;
(ii) Any issue of non-compliance with the Code of Conduct shall be referred to the Integrity
Commissioner through the Complaint Protocol pursuant to Part 24;
(iii) The Integrity Commissioner shall conduct an Inquiry to determine whether the Member
has engaged in conduct in contravention of the Code of Conduct; (except as in
Complaints Prior to an Election)
(iv) In planning and pursuing the relevant inquiry the Integrity Commissioner may proceed
consistent with the procedural aspects of any policies addressing the subject of the
alleged infringement and exercise his/her powers under Section 33 and Section 34 of
the Public Inquiries Act;
(v) The inquiry pursued by the Integrity Commissioner shall be an independent inquiry;
independent of the Municipality or any of its agents, employees or members;
(vi) Where the Integrity Commissioner determines that he/she has reasonable grounds to
believe that there has been a contravention of any other act or the Criminal Code, the
Integrity Commissioner shall refer the matter to the appropriate authority; suspend his/her
inquiry and report the suspension to Council. In these circumstances Council will pursue
the necessary steps to ensure that the matter is addressed consistent with the
Municipality's obligations at law and any relevant Municipal policies;
(vii) Where the Integrity Commissioner completes an inquiry and determination of the
matter, he/she shall prepare a written report of his/her findings as to whether a Member
has contravened the Code of Conduct. In preparing the report, the Integrity
Commissioner may disclose such matters as are necessary for the reporting to
Council. The Report shall be delivered to Council. Where a contravention of the Code
is substantiated, Council may impose the Penalty;
(viii) The municipality shall consider written reports/findings of the Integrity Commissioner in
open session unless otherwise prohibited by another Act e.g. (MFIPPA) or regulation;
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 14
(ix) Where the Integrity Commissioner determines that a Member has contravened the Code
of Conduct, the Integrity Commissioner shall recommend the penalty; such penalty shall
be within the remedial parameters defined in the Municipal Act;
19.6 Penalties: Where a Member is found to have breached any standard of conduct required by
the Code of Conduct, the penalty will be determined by the Council on the advice of the
Integrity Commissioner. In determining the penalty the Council shall take into consideration
the nature and degree of the current breach of the Code and any prior non-compliance with
the Code of Conduct by the Member.
19.7 Where a Code of Conduct breach is alleged:
(i) the member may take part in the discussion of the matter, including making
submissions to Council or the local board, as the case may be, and may attempt to
influence the voting on any question in respect of the matter, whether before, during or
after the meeting. However, the member is not permitted to vote on any question in
respect of the matter.
(ii) In the case of a meeting that is not open to the public, the member may attend the
meeting or part of the meeting during which the matter is under consideration.
19.8 Penalties imposed in connection with breaches of the Code of Conduct pursuant to the
Code may include:
(i) a written reprimand; and or;
(ii) suspension of remuneration paid to a Member with respect to services up to 90-days;
and or;
Refusal to Conduct Investigation
19.8 If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is
frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient
grounds for an investigation, the Integrity Commissioner shall not conduct an
investigation, or, where that becomes apparent in the course of an investigation, terminate
the investigation.
19.9 Complaints referred that are repetitious in nature, not germane to the Code of Conduct in
the opinion of the Integrity Commissioner, deemed frivolous and without substance in the
opinion of the Integrity Officer, or, where the complaint is deemed vexatious in the opinion
of the Integrity Commissioner, shall not be advanced to an investigation stage.
19.10 Other than in exceptional circumstances, the Integrity Commissioner will not report to
Council or a local board on any complaint described in Sections 19.8 or 19.9 except as
part of an annual or other periodic report.
19.11 An application may only be made within six weeks after the applicant became aware of
the alleged contravention.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 15
Complaints or Reports Prior to Election
19.12 No complaint regarding a Member who is a candidate in an election may be accepted by
the Integrity Commissioner for review and/or investigation between Nomination Day for a
regular election and ending of voting day in any year in which a regular municipal election
will be held. The Integrity Commissioner shall hold such complaint in abeyance until after
voting day in a regular election year and advise the complainant of the process.
PART 20: OTHER COMPLIANCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO THE
INTEGRITY COMMISSIONER
20.1 While the Municipality encourages complainants, Members and all parties to access and
support the use of the Integrity Commissioner as the means of addressing any issues of
non-compliance with the Code of Conduct by Members, the Municipality has an obligation
and commitment to support complainants or potential complainants access to the
following processes in connection with allegations of prohibited activity, conduct or
communications.
1. Complaints of Harassment (Code or Personal), Discrimination, Violence by
Employees, Members of Council
• Access to the procedures committed to in the Municipality's relevant Policies;
• Complainants also have a right to file complaints with the Ontario Human Rights
Tribunal (in connection with human rights allegations) and complaints with the
Ministry of Labour (in connection with allegations of violence, threats of violence or
personal harassment).
2. Complaints Regarding Allegations of Conduct Regulated by the Criminal Code
• Complaints can be directed to the Elgin County Detachment of the Ontario
Provincial Police to pursue an investigation under Section 122 of the Criminal
Code of Canada where allegations of fraud or breach of trust are made in
connection with a Member carrying out the duties of the office;
• Complaints can be directed to the Elgin County Detachment of the Ontario
Provincial Police to pursue an investigation under Section 122 of the Criminal
Code of Canada regarding allegations of a Member's involvement in demands for,
acceptance of, offering or agreement to accept a loan, reward, benefit or their
advantage from any person, in connection with the performance of the duties of
the Member in the office;
3. Complainant’s Direct Dealings with Members in Connection with Concerns of
Non-Compliance with the Code of Conduct
• Any person who believes that a Member has infringed any standard under this
Code of Conduct can advise the Member of the concern directly (verbally or in
writing) that their activity infringes the Code of Conduct;
• Such person (complainant) may directly encourage the Member to stop the
offending activity;
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 16
• Such person (complainant) should keep a record of the incident, including date,
time, location, persons present and any other relevant information.
PART 21: JUDICIAL INVESTIGATION
21.1 In circumstances where liability is denied and the alleged misconduct is serious in nature,
Council may pass a resolution, pursuant to s. 274(1) of the Municipal Act, requesting a
judicial investigation into the Member of Council, or Council’s Local Board or Committee
Member’s conduct.
PART 22: DUTIES OF A MUNICIPAL INTEGRITY COMMISSIONER
22.1 The Integrity Commissioner shall perform the duties and have the powers provided
for in the Act, including but not limited to the following:
(1) Advisory: upon proper request, provide written and/or verbal advice to individual
members of Council respecting the application of the Code of Conduct and/or any
other procedures, rules, and policies relating to and reflecting upon their ethical
behavior, including but not limited to general interpretation of the Municipal Conflict
of Interest Act (Ontario); and furthermore and when appropriate, providing the full
Council with specific and general opinions and advice respecting compliance by
elected officials in respect of the provisions of governing statues the Code of
Conduct and any other applicable procedures, rules, and policies.
(2) Compliance Investigation/Determinations: upon proper request from a member of
Council or local board, municipal administration or one or more members of the
public, to conduct an inquiry and make a determination as to any alleged
contravention of the Code of Conduct or applicable procedures, rules, and policies
by a member of Council or local board and, thereafter, to report the details and
results of such inquiry to municipal Council.
(3) Educational: provide the CAO|Clerk or as directed with an annual report of
activities during the previous calendar year as Integrity Commissioner, including
but not necessarily limited to advice given to Council or individual members of
Council and a summary of inquiry results and determinations; furthermore, provide
outreach programs to members of Council and local boards and relevant staff on
legislation, protocols, and office procedures emphasizing the importance of
compliance with a Code of Conduct for public confidence in Municipal
Government; and, furthermore, dissemination of information available to the public
on the website operated by Elgin.
22.21 Notwithstanding that set forth above, the parties acknowledge and agree that the function
of the Integrity Commissioner is to provide advice and opinion to Council and members
thereof, to provide independent complaint prevention, investigation, adjudication, and
resolution to members of Council and the public, and education respecting adherence with
the Code of Conduct for members of Council and other procedures, rules, and policies
governing ethical behavior.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 17
22.22 The parties hereto also acknowledge and agree the Integrity Commissioner, will perform
services, and in particular those services relating to advisory and educational duties, in a
manner so as to avoid duplicated advice, opinion, and cost in respect of identical requests
and inquiries – for example, the Integrity Commissioner shall decline to provide
individualized advice and opinion to more than one member of Council or a local board on
identical issues but should choose to provide general advice to Council or such local board
as a whole to answer all such inquiries. In addition, it is recognized that the Integrity
Commissioner, will likely receive requests for advice on matters involving compliance with
the Municipal Conflict of Interest Act (the “MCIA”) – while the Integrity Commissioner may
provide general interpretation of the MCIA, it is expected that individual members of
Council or local boards will seek independent legal advice on a specific question of
individual compliance with such legislation.
22.23 The application of sections 5, 5.1, and 5.2 of the Municipal Conflict of Interest Act to
members of Council and of local boards will become the responsibility of the Integrity
Commissioner on March 1, 2019.
PART 23: INFORMAL COMPLAINT PROCEDURE
23.1 Individuals (for example, Municipal employees, members of the public, members of
Council or local boards (restricted definition), or organizations (including local boards
(restricted definition) who have identified or witnessed behaviour or an activity by a
member of Council or a local board (restricted definition) that they believe is in
contravention of the Code of Conduct for Members of Council and Local Boards
(Restricted Definition) the “Code of Conduct” would address the prohibited behaviour or
activity themselves as follows:
(1) advise the member that the behaviour or activity contravenes the Code of
Conduct;
(2) encourage the member to stop the prohibited behaviour or activity;
(3) keep a written record of the incidents including dates, times, locations, other
persons present, and any other relevant information;
(4) tell someone else (for example, a senior staff member or an officer of the
organization) about your concerns, your comments to the member and the
response of the member;
(5) if applicable, confirm to the member’s satisfaction with the response of the
member; or, if applicable, advise the member of your dissatisfaction with the
response; and,
(6) consider the need to pursue the matter in accordance with the formal complaint
procedure outlined in Appendix B, or in accordance with another applicable judicial
or quasi-judicial process or complaint procedure.
23.2 Individuals and organizations are encouraged to initially pursue this informal complaint
procedure as a means of stopping and remedying a behaviour or activity that is prohibited
by the Code of Conduct. With the consent of the complaining individual or organization
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 18
and the member, the Integrity Commissioner may be part of any informal process.
However, it is not a precondition or a prerequisite that those complaining pursue the
informal complaint procedure prior to pursing the formal complaint procedure.
PART 24: COMPLAINT PROTOCOL
24.1 Any member of Council, staff or the public that believes they have experienced or
witnessed conduct in contravention with the Code of Conduct may file a complaint and
request an investigation.
24.2 All complaints shall be in writing and signed by an identifiable individual.
24.3 A complaint shall set out reasonable and probable grounds for the allegation that the
member as contravened the Code of Conduct and include a support affidavit that sets out
the evidence in support of the complaint.
24.4 The complaint protocol information package shall be available on the Municipal Website.
Appendix B
PART 25 : SUMMARY
25.1 The Municipality and all Members of Council share an important interest and responsibility
in ensuring that the standards of conduct required under this Code of Conduct are
understood, maintained and where necessary enforced by holding Members accountable.
25.2 The standards reflect the ethical and legal context in which the Municipality and Members
must deliver services to the community served by the Council and Members. Deviations
from the standards of conduct outlined in this Code of Conduct leave the Municipality,
Council and individual Members exposed to the following:
• Reputational risk;
• Loss of credibility in the community;
• Risks of significant liabilities.
25.3 All Members of Council are expected to be knowledgeable of the contents of this Code of
Conduct and applicable Municipal Policies, and to adhere to the standards of conduct
defined in the Code of Conduct and Policies.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 19
CODE OF CONDUCT FOR MEMBERS OF MUNICIPAL COUNCIL, COUNCIL’S LOCAL
BOARD & COMMITTEE MEMBERS
______________________________________________________________________________
COUNCILLOR ACKNOWLEDGEMENT
The preceding Code of Conduct has been explained to me and I have received, read, and
understood the Code of Conduct for the Corporation of the Municipality of Bayham.
____________________________________
Councillor Name (Please Print)
_____________________________________ ___________________________
Councillor Signature Date
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 20
COUNCIL CODE OF CONDUCT DISCLOSURE STATEMENT
______________________________________________________________________________
Part 7 of the Council Code of Conduct regarding the acceptance of gifts and benefits, requires
members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or
benefit exceeds $200.00 or if the total value of gifts and benefits received from one source in a
calendar year exceeds $1,000.00. This Disclosure Statement is to be used to report on such gifts
and benefits and shall be filed with the clerk within 30 days of receipt of such gift or benefit, or
upon reaching the annual limit. Disclosure Statements are a matter of public record.
Nature of Gift or Benefit Received:
Source of Gift or Benefit:
Circumstances under Which Gift or Benefit Received:
Estimated Value of Gift or Benefit: $ ________________________________
Date Gift or Benefit Received: ________________________________
Signature of Member: __________________________ Date: ___________________
Date Statement Received by Clerk: _______________________________________
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 21
Council Code of Conduct – Formal Complaint Form/Affidavit
________________________________________________________________________________________
I, ____________________________(full name), of the ______________________ (City, Town
etc.) in the Province of Ontario.
MAKE OATH AND SAY (or AFFIRM):
1. I have personal knowledge of the facts as set out in this affidavit, because
(insert reasons e.g. I work for… I attended a meeting at which… etc.)
2. I have reasonable and probable grounds to believe that a member of the Municipality of
Bayham Council (specify name of member) has
contravened section(s) _____________________________ specify section(s) of the Council
Code of Conduct of the Municipality of Bayham. The particulars of which are as follows:
(Set out the statements of fact in consecutively numbered paragraphs in the space below, with each
paragraph being confined as far as possible to a particular statement of fact.
If you require more space please use the attached Schedule A form and check the appropriate box
below. If you wish to include exhibits to support this complaint, please refer to the exhibits as
Exhibit A, B etc. and attach them to this affidavit.)
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 22
Please see the attached Schedule A
1. This affidavit is made for the purpose of requesting that this matter be reviewed by the
Municipality of Bayham appointed Integrity Commissioner and for no other purpose.
(date) ) ________________________________
) Signature
)
Note: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been
conducted by this authority to confirm or verify the above sworn information. The Criminal Code
of Canada provides that: everyone commits perjury who, with intent to mislead, makes before a
person who is authorized by law to permit it to be made before him a false statement under oath
or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the
statement is false, is guilty of an indictable offence and liable to a term of imprisonment not
exceeding fourteen years (Section 131, 132), or by summary conviction (Section 134). Signing a
false affidavit may expose you to prosecution under Sections 131 and 132 or 134 of the Criminal
Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 23
Council Code of Conduct – Request for Advice Form
_______________________________________________________________________________________
Name of Member: _______________________________________________________
Telephone No.: _________________________________________________________
Email Address: ________________________________________________________
Advice Requested: (Please provide as much detail as possible)
________________________________ _________________________________
Signature of Requestor Date Received by Integrity Commissioner
________________________________ _______________________________
Date Date Reply Issued
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 24
Council Code of Conduct – Conflict of Interest Form
Name of Member: ______________________________________________________
Telephone No.: _________________________________________________________
Email Address: ________________________________________________________
Date of Council meeting: __________________________________________________
Agenda item number and name:
General Nature of the Conflict of Interest:
_________________________________ ________________________________
Signature of Council Member Date Received by Municipal Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: December 21, 2017
REPORT: CAO-83/17
SUBJECT: PROCEDURAL BY-LAW
BACKGROUND:
On October 16, 2014 the Council of the Corporation of the Municipality of Bayham passed By-
law No. 2014-103, being a by-law to establish Rules of Procedure and a Council Code of
Conduct.
On July 20, 2017 the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
THAT Report CAO-46/17 re Bill 68, Modernizing Ontario’s Municipal Legislation
Act be received for information;
THAT staff be directed to bring forward amended policies for Council consideration
to proactively comply with the provisions of Bill 68 Modernizing Ontario’s Municipal
Legislation Act;
AND THAT staff be directed to request Elgin County to coordinate a meeting of all
Elgin County CAO’s to develop a process, for Council consideration, to appoint a
joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68
requirements for all Elgin County Municipalities.
DISCUSSION
The Draft Procedural By-law attached hereto as Appendix ‘A’ contains the following
modifications from the current Procedural By-law as authorized by By-law No. 2014-103:
1) Removal of the Council Code of Conduct
a. The Council Code of Conduct is proposed to be a stand-alone document.
2) Section 1 – Definitions
a.Administrator changed to CAO|Clerk to reflect current organization structure.
3)Section 4.1.1 – Place of Meeting
a.Updated to 56169 Heritage Line, Straffordville, Ontario.
4)Section 4.2.1 - Inaugural Meeting
a.Changed from first Thursday in December in an election year to at the call of the
Clerk and Mayor to reflect the changes within the Municipal Act and the
Municipal Elections Act.
5)Section 4.8.2 – Closed Meetings
a.Addition of closed meeting provisions h-k to reflect the changes within the
Municipal Act.
6)Section 5.4.1 – Court of Revision
a.Modify Agenda order to include ‘Staff Presentation’ as per the practice of the
Court of Revision.
7)Section 3.2.2 – Duties of the Deputy Mayor
a.Addition of provisions for the Deputy Mayor to act as the Municipality of Bayham
Alternate Member of County Council.
RECOMMENDATION
1.THAT Report CAO-83/17 re Procedural By-law be received for information;
2.AND THAT Council direct staff to bring forward a Procedural By-law for Council
consideration.
Respectfully Submitted by:
Paul Shipway
CAO|Clerk
RULES OF PROCEDURE
FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AS ADOPTED BY BY-LAW NO. 2017-XXX
TABLE OF CONTENTS – PROCEDURAL BY-LAW
MUNICIPALITY OF BAYHAM
SECTION TITLE
1 DEFINITIONS AN D INTERPRETATION
2 GENERAL PROVISIONS
3 DUTIES OF COUNCIL
4 MEETINGS
5 AGENDAS AND MINUTES
6 ORDER OF PROCEEDINGS-COUNCIL
7 ORDER OF PROCEEDINGS-PUBLIC MEETING
8 DELEGATIONS
9 RULES OF DEBATE AND CONDUCT
10 MOTIONS
11 VOTING ON MOTIONS
12 CONDUCT OF AUDIENCE
13 ADMINISTRATION
BY-LAW NO. 2017-XXX
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF THE
COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND OF ITS
COMMITTEES AND THE CONDUCT OF ITS MEMBERS
WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every
Municipality to pass a Procedural By-law for governing the calling, place and proceedings of
meetings;
AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it
advisable to enact a by-law to govern the proceedings of Council, the conduct of its Members and
the calling of Meetings, and to provide for procedures and statutory requirements in accordance with
the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto;
NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as follows:
Section 1 – DEFINITIONS AND INTERPRETATION
1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different
meaning:
1.1.1 “Actin g Head of Council” shall mean the Deputy Mayor when the Mayor is absent or
refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy
Mayor are absent or refuse to ac t or the offices of the Mayor and Deputy Mayor are
vacant, the member of Council who is appointed by Council to act from time to time
in the plac e and stead of the Mayor and who shall exercise all of the rights, power s
and authority of the Head of Council while so acting.
1.1.2 “Ad Hoc Committee” shall mean a special purpose committee of limited duration,
appointed by Council to consider a specific matter and which is dissolved
automatically upon submitting its final report to Council, unless otherwise directed
by Council.
1.1.3 “Advisory Committee” shall mean a committee appointed by Council to act in an
advisory capacity to Council on operational and strategic issues during the full term
of Council.
1.1.4 “CAO|Clerk” shall mean the CAO|Clerk of the Corporation of the Municipality of
Bayham.
1.1.5 “Chair” in the case of the Council shall mean the Mayor, D eputy Mayor or the
Member appointed to act as Chair during the absence of the Mayor and Deputy
Mayor from a Meeting or a portion of a Meeting. While acting as Chair the Member
shall exercise all of the powers and responsibilities of the Mayor under this
Procedural By -law. In the case of the a Statutory Public Meeting, Public Meeting or
a Court of Revision Hearing , Chair shall mean the Mayor, Deputy Mayor or the
Member, whoever presides over a portion of the Meeting of the Statutory Public
Meeting, Public Meeting or a Court of Revision Hearing as provided for in this
Procedural By-law. In the case of an Ad Hoc Committee or Advisory Committee,
Chair means the Member appointed as such by the Committee.
1.1.6 “Clerk” shall mean the Clerk of the Municipality of Bayham and includes the Deputy
Clerk and any official of the Municipality a ppointed by Council to exercise the
power(s) of the Municipal Clerk in the absence of the Clerk or Deputy Clerk.
1.1.7 “Committee” shall mean a committee of Council and includes Standing
Committees, or sub-committees of the Standing Committees.
1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the
Council of the Municipality of Bayham to the Committee of Adjustment pursuant to
the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended.
1.1.9 “Council” shall mean the Council of the Corporation of the Municipality of Bayham.
1.1.10 “Councillor” shall mean a person elected or appointed as a Member of Council but
does not include the Mayor.
1.1.11 “Delegation” shall mean a person or group of persons desiring to verbally present
information or to make a request to Council.
1.1.12 “Deputy Mayor” shall mean the Member of Council who is elected to the position
and who, in the absence of the Mayor, shall exercise the power s and responsibilities
of the Mayor provided for in this By-law or any other by-law or statute.
1.1.13 “Holiday” shall mean a holiday as defined by the Legislation Act, 2006 S.O. 2006,
c. 21, Schedule F as amended or replaced from time to time.
1.1.14 “Local Board” shall mean a local board as defined in the Municipal Act, S.O.2001,
c.25 as amended.
1.1.15 “Mayor” shall mean the Head of Council for the Municipality.
1.1.16 “Meeting” shall mean any Regular or Special Meeting of Council, including a
Statutory Public Meeting, Public Meeting or a Court of Revision Hearing.
1.1.17 “Member” shall mean a Member of the Council of the Corporation of the
Municipality of Bayham, and includes the Mayor.
1.1.18 “Motion” shall mean a question or proposal to be considered by Council and which
is moved and seconded and is subject to debate. When a Motion is adopted, it
becomes a Resolution.
1.1.19 “Municipal Act ” shall mean the Municipal Act, 2001, (S.O.2001, c. 25), as
amended or replaced from time to time.
1.1.20 “Municipality” shall mean the Corporation of the Municipality of Bayham.
1.1.21 “Newspaper” shall mean a printed publication in sheet form, intended for general
circulation, published regularly at intervals of not longer than one week, consisting in
great part of news of current local events of general interest and made available to
the public.
1.1.22 “Pecuniary Interest” shall mean a direct or indirect Pecuniary Interest within the
meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter M.50, as may
be amended.
1.1.23 “Planning Act” shall mean the Planning Act, R.S.O. 1990, c.P. 13, as amended.
1.1.24 “Point of Order” shall mean a statement made by a Member during a Meeting
drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure.
1.1.25 “Point of Privilege” shall mean the raising of a question that concerns a Member,
or all of the Members of Council, when a Member believes that his rights,
immunities or integrity or the rights, immunities or integrity of Council or staff as a
whole have been impugned.
1.1.26 “Presiding Member” shall mean the Mayor or Acting Mayor or Chair of the
Meeting.
1.1.27 “Quorum” shall be as defined in Section 4.9 herein.
1.1.28 “Recorded Vote” shall mean the written record of the name and vot e of every
Member present when the vote is called on any matter or question during a Meeting
of Council.
1.1.29 “Resolution” shall mean a formal expression of opinion or intention by Council.
1.1.30 “Rules of Procedure” shall mean the rules and requirements contained within
this Procedural By-law.
1.1.31 “Vice Chair” shall mean s uch Member of a Committee who has been appointed to
act in the place and stead of the Committee Chair when such Chair is absent from a
meeting of the Committee for any cause and who shall exercise all the rights, power
and authorities of the Chair.
1.1.32 “Website” shall mean the Municipality of Bayham website address identified as
www.bayham.on.ca
1.2 Unless the context otherwise requires, in this Procedural By-law the words used in the male
gender shall include the female gender and the singular shall include the plural, and vice-
versa, as the context requires.
Section 2 - GENERAL PROVISIONS
2.1 Applicability
2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law
shall be observed in all Me etings and shall be the rules and requirements which govern
the order of their business.
2.2 Suspension of Rules and Procedures
2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this
Section may be temporarily suspended by a vote of three-quarters (3/4) of the
Members present and voting:
a) rules about a change to the order of procedure in the Agenda content;
b) rules about delegation status;
c) rules about the increase or decrease of delegation speaking time and debate
limitations.
2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be
decided by the Mayor, Deputy Mayor or Chair, subject to an appeal t o the Council.
2.3.2 All points of order or procedure not provided for in these Rules of Procedure shall be
decided in accordance with the rules of procedure known as Robert’s Rules of Order.
2.4 Video Equipment, Recording Devices and Cellular Telephones
2.4.1 The use of cameras, electric lighting equipment, television cameras and any other
device of mechanical, electronic or similar nature used for transcribing or recording
proceedings by auditory or visual means by accredited and other representatives of
any news media or members of the general public is permitted only with the approval
of Council.
2.4.2 Cameras, electric lighting equipment, television cameras and any other device of
mechanical, electronic or similar nature shall be turned off immediately if requested by
a member of the audience wishing to speak to Council.
2.4.3 All communication devices shall be switched to ‘silent’ upon entering the location
where any Council Meeting is being held.
Section 3 - DUTIES OF COUNCI L
3.1 Duties of the Mayor
3.1.1 It shall be the duty of t he Mayor, or acting Head of Council, to carry out the
responsibilities of a head of council set forth in the Municipal Act, in addition to the
following responsibilities:
a) to open the Meeting of Council by taking the Chair and calling the Members to
order;
b) to announce the business before the Council in the order in which it is to be
acted upon;
c) to receive and submit, in the manner prescribed by this Procedural By-law, all
motions presented by Members;
d) to recognize any Member who wishes to speak and to determine the order of
speakers;
e) to put to vote all questions which are regularly moved and seconded, or
necessarily arise in the course of the proceedings and to announce the results;
f) to decline to put to vote motions which contravene the provisions of the
Procedural By-law;
g) to enforce the provisions of the Procedural By-law;
h) to enforce on all occasions the observance of order and decorum among the
Members;
i) to call by name, any Member refusing to comply with this Procedural By-law and
to order the Member to vacate the Council Chamber, or the place of Meeting, as
the case may be;
j) to cause to be expelled and excluded any member of the public who creates a
disturbance or acts improperly during a Meeting and, if necessary, to direct the
Municipal Clerk to seek appropriate assistance from the Ontario Provincial
Police Service;
k) to authenticate, by signature, all By-laws and Meeting minutes;
l) to rule on any points of order raised by Members of Council;
m) to represent and support the decisions of Council, declaring its will and explicitly
and implicitly obeying its decisions in all things;
n) to adjourn the Meeting when the business is concluded, or if considered
necessary by the Mayor because of grave disorder, to adjourn the sitting
without putting to the vote any question, or suspend the sitting for a time to be
named.
3.1.2 By virtue of his office, the Mayor is appointed as an ex-officio member of Advisory
Committees and Municipal Service Boards.
3.2 Duties of the Deputy Mayor
3.2.1 Where the Mayor gives notice to the Municipal Clerk that he will be absent from the
Municipality, or of his absence through illness, or his office is vacant, or he refuses to
act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so
acting, has and may exercise all the rights, powers and authority of the Head of Council.
3.2.2 Act as an alternate lower-tier member to attend County Council where the Mayor gives
notice to the County Clerk that he will be absent, or of his absence through illness, then
the Deputy Mayor may act in his place and while so acting, has and may exercise all
the rights, powers and authority of the member of County Council.
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides over any part of a Meeting may state relevant facts and the
Chair’s position on any matter before Council without leaving the chair, which may take
place immediately prior to the vote, but it shall not be permissible for the Chair to move
a motion or debate without first leaving the chair.
3.3.2 If, during a Meet ing of Council, the Mayor desires to leave the chair to move a motion or
take part in the debate pursuant to Section 3.3.1, or otherwise, the Mayor shall call on
the Deputy Mayor or, in his absence, the Acting Head of Council to preside until the
Mayor resumes the chair.
3.4 Duties of the Members of Council
3.4.1 It shall be the duty of the Members to carry out the role of council as set forth in the
Municipal Act, in addition to the following responsibilities:
a) to deliberate on the business submitted to Council;
b) to vot e when a motion is put to a vote, except where otherwise disqualified
from doing so by law;
c) to represent and support the decisions of Council, declaring its will and
explicitly and implicitly obeying its decisions in all things
d) to Chair the portion a Meeting for which he is the appointed Chair and
assume the duties of the Mayor as detailed in Section 3.1.1; and
e) to apply and respect the Rules of Procedure.
3.4.2 Council Members shall adhere to the Council Code of Conduct attached hereto as
Schedule “A” to this Procedural By-law, as adopted by Council and as amended
from time to time.
Section 4 - MEETINGS
4.1 Place of Meeting
4.1.1 Unless otherwise directed by Council, all Regular and Special Meetings shall be held in
the Council Chambers of the Municipal Office at 56169 Heritage Line, Straffordville,
Ontario.
4.2 Inaugural Meeting
4.2.1 The Inaugural Meeting of the Council shall be held, in a year in which a municipal
election is held, at a time determined by the Head of Council-Elect and the CAO|Clerk.
4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda for
the Inaugural Meeting and all arrangements related thereto.
4.3 Regular Meetings
4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of each
month commencing at 7:00 p.m., unless such a day is a Holiday, or on such other
day and time as may be determined from time to time by resolution of Council.
4.3.2 Where a change is made to the day and time of a Meeting of Council, the Clerk shall
notify the Mayor, give notice of the chang e to all Members in the manner set forth in
Section 4.4.3 and provide notice to the Public by posting notice on the Municipal
website and at the Municipal Office.
4.4 Special Meetings
4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a Special
Meeting of Council by giving direction to the Clerk stating the date, time and purpose
of the Special Meeting.
4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do so in
writing by a majority of Members, at the time mentioned in the request.
4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at least
twenty-four (24) hours before the time appointed for such Meeting and shall be
delivered electronically via e-mail to their respective Municipal e-mail address.
a) The written or verbal notice shall indicate the nature of the business to be
considered at the Special Meeting as well as date, time and place of the
Meeting.
4.4.4 No business other than that indicated in the written or verbal notice shall be
considered at the Special Meeting except with the unanimous consent of all Members
present and voting at such Meeting.
4.4.5 All Special Meetings of Council shall be held at the location of the last Regular
Meeting of Council unless an alternative location is specified in the notice of Special
Meeting.
4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of holding
a Special Meeting or any action taken thereat where all Members are present at the
Meeting or where any Member or Members who are absent consent to the holding of
such Meeting and so inform the Clerk.
4.5 Emergency Meeting
4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary
occasions, an emergency Special Meeting of the Council may be called by the Mayor
without advance notice being given by the Clerk pursuant to this By-law, to consider
and deal with such urgent and extraordinary matters.
a) In this case, the consent of two-thirds (2/3) of the Members to hold such a
Meeting without advance notice is necessary and such consent, if any, shall
be recorded in the minutes by the Clerk.
4.5.2 Notwithstanding any other provision of this By-law, on urgent and extraordinary
occasions, Council may, by Resolution, authorize the holding of a Regular or
Special Meeting at a location outside the Municipal boundaries.
4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings, Hearings
or Information Sessions Held Under the Planning Act , Development Charges Ac t
and Other Applicable Legislation
4.6.1 Council from time to time may conduct Statutory Public Meeting, Public Meeting,
Court of Revisions Hearing, Hearing or other Information Session for any purpose
giving such Notice as may be deemed necessary or required by law, or the
Municipality’s Public Notice Policy, as amended from time to time.
4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public Meeting, Court
of Revisions Hearing, Hearing or other Information Session the Rules of Procedure
outlined herein shall govern.
4.7 Meetings Open to Public
4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the public
and no person shall be excluded therefrom except for improper conduct.
4.7.2 The Mayor or Chair may request that members of the public vacate the Council
Chambers if their behaviour is deemed to be disruptive to the business at hand. The
Mayor or Chair may unilaterally suspend the Meeting until order is restored in the
Council Chambers.
4.8 Closed Meetings
4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public.
4.8.2 Council may, by resolution, close a Meeting or part of a Meeting to members of the
public if the subject matter being considered is:
a) the security of the property of the Municipality or Local Board;
b) personal matters about an identifiable individual, including Municipal and
Local Board Employees;
c) a proposed or pending acquisition or disposition of land by the Municipality;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before administrative
tribunals, affecting the Municipality;
f) the receiving of advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
g) a matter in respect of which the Council is authorized by another provincial
statute to hold a closed meeting;
h) information explicitly supplied in confidence to the municipality or local board
by Canada, a province or territory or a Crown agency of any of them;
i) a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the municipality or local board, which, if
disclosed, could reasonably be expected to prejudice significantly the
competitive position or interfere significantly with the contractual or other
negotiations of a person, group of persons, or organization;
j) a trade secret or scientific, technical, commercial or financial information that
belongs to the municipality or local board and has monetary value or potential
monetary value; or
k) a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality
or local board.
4.8.3 A motion by Council to close a Meeting or part of a Meeting to the public shall
state:
a) the fact of the holding of the closed Meeting; and
b) the general nature of the subject matter to be considered at the closed
Meeting.
4.8.4 Where a Meeting or part of a Meeting is closed to the public, Council shall request
those persons not specifically invited to the closed Meeting to vacate Council
Chambers, or such room in which the Meeting is being held, as the case may be.
4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except
where permitted by law including, without limitation, Section 239(6) of the Municipal Act,
which allows a Meeting to be closed to the public during a vote pur suant to sections
239 (2) or (3) and the vote is for a procedural matter or for giving directions or
instructions to officers, employees or agents of the Municipality or persons retained by
or under a contract with the Municipality, and Council deems that it is in the best
interests of the Municipality to do so.
4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for the
acquisition or disposal of land, including the sale of road allowances, shall be
conducted in open session.
4.8.7 The Motion to rise from “In Camera” shall include the time that Council arose.
4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other
proceedings at a Meeting of Council when it is closed to the public.
4.8.9 Members shall ensure that confidential matters disclosed to them during closed
Meetings are kept confidential. Any breach of confidential matters disclosed during
closed Meetings shall be subject to the sanctions contained in the Council Code of
Conduct.
4.9 Quorum
4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority
of Members present and voting is necessary to carry a resolution.
4.9.2 A quorum of an Ad Hoc Committee shall be a majority of the Members of the Ad
Hoc Committee.
4.9.3 If a Quorum is not present within thirty (30) minutes after the time appointed for
the Meeting, the Clerk or designate shall record the names of the Members
present and the Meeting shall stand adjourned until the date of the next Regular
Meeting or other Meeting called in accordance with the provisions of this
Procedural By-law.
4.10 Education and/or Training Sessions
4.10.1 An Education and/or Training Session of Council shall not be deemed to be a
Meeting of Council and shall not be subject to the rules and regulations applicable to
Meetings contained in this By-law.
4.10.2 The Council may decide at a Meeting open to the public to convene an informal
gathering of its Members to receive and discuss information or advice of a general
nature involving subject matters of interest to the Members, at a time and place
designated at that time by the Council.
4.10.3 The Council, in deciding to convene an Education and/or Training Session, shall
designate the general purpose or purposes for which the session is to be held.
4.10.4 An Education and/or Training Session may be held at any place designated by the
Council at the time at which it makes its decision to convene the session, whether or
not within the boundaries of the Municipality or any adjacent municipality.
4.10.5 All Members of Council are entitled to attend at the session, together with the
designated staff or consultants retained by the Municipality, but the Council, in
deciding to convene the session, may decide to exclude the public therefrom.
4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw-
vote, report, recommendation or other action or decision may be proposed,
discussed, decided upon, adopted, taken or made at an Education and/or Training
Session.
4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt
with during the session and upon conclusion thereof, the notes shall be maintained
as a public record under the control of the Clerk which records shall not be subject to
section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy
Act, as amended.
4.11 Public Notice of Meeting
Regular Meetings
4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted on the
Municipal Website no later than the second week of the month prior to the
commencement of the monthly schedule.
4.11.2 Public notice of each regularly scheduled Meeting shall be deemed to be given by
making the agenda available for viewing on the Municipal Website by 4:00 P.M. on
the Friday preceding the regularly scheduled Meeting.
Special Meetings
4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on the
Municipal Website at least one week prior to the amended Meeting date where
practicable to do so.
4.11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal
Website and the Press shall be notified by e-mail not less than twenty-four (24)
hours before the time appointed for the Special Meeting.
Emergency Special Meetings
4.11.5 Where an Emergency Special Meeting of Council is held in accordance with Section
4.5, notice of the Emergency Special Meeting shall be posted at the Municipal Office
and on the Municipal Website, and shall be communicated electronically to the
Press as soon as practicable following the Meeting and shall indicate the nature of
the business considered at the Emergency Special Meeting.
4.12 Adjournment - Due Hour
4.12.1 Except as provided in Section 10.30, a Regular or Special Meeting of Council shall
adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such
other day and time as Council, by resolution, may direct.
4.13 Cancellation of Meeting
4.13.1 The Mayor or the Deputy Mayor, in the Mayor’s absence, or the Clerk, in the absence
of both the Mayor and Deputy Mayor, may cancel any Meeting of Council if he is of
the opinion that weather conditions or an emergency warrant. The Clerk shall inform
as many Members as he is able to reach, the media and any persons that are
scheduled to be in attendance.
4.13.2 Postponement of the Meeting shall not be for any longer than the next regularly
scheduled Meeting of Council of Committee.
Section 5 - AGENDAS AND MINUTES
5.1 Council Meeting Agenda
5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at the Regular Meetings of Council:
I. Call to Order
II. Disclosures of Pecuniary Interest
III. Review of Items Not Listed on Agenda
IV. Announcements
V. Delegations
VI. Adoption of Minutes of previous Meeting(s)
VII. Motions and Notice of Motion
VIII. Recreation, Culture, Tourism and Economic Development
a. Correspondence
i. Receive for Information
ii. Requiring Action
b. Reports to Council
IX. Physical Services – Emergency Services
a. Correspondence
i. Receive for Information
ii. Requiring Action
b. Reports to Council
X. Development Services – Sustainability and Conservation
a. Correspondence
i. Receive for Information
ii. Requiring Action
b. Reports to Council
XI. Finance and Administration
a. Correspondence
i. Receive for Information
ii. Requiring Action
b. Reports to Council
XII. By-laws
XIII. Unfinished Business
XIV. Other Business
XV. By-law to Confirm the Proceedings of Council
XVI. Adjournment
5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Regular Council Meeting in question.
5.1.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting.
5.2 Statutory Planning Meeting Agenda
5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Statutory Planning Meeting:
I. Call to Order
II. Disclosures of Pecuniary Interest
III. Chairman’s Remarks on the Purpose of the Meeting
IV. Purpose and Effect of the Proposed Amendment
V. Public Participation
VI. Correspondence
VII. Other Business
VIII. Adjournment
5.2.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Statutory Planning Meeting in question.
5.2.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting.
5.3 Committee of Adjustment Meeting Agenda
5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Committee of Adjustment Meeting:
I. Call to Order
II. Disclosures of Pecuniary Interest
III. Chairman’s Remarks on the Purpose of the Meeting
IV. Public Participation
V. Correspondence
VI. Other Business
VII. Adjournment
5.3.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Committee of Adjustment Meeting in
question.
5.3.3 The business of the Committee of Adjustment shall be considered in the order as it
appears on the Agenda, unless otherwise decided by a vote of the majority of the
Members present and voting.
5.4 Court of Revision Meeting Agenda
5.4.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Court of Revision Meeting:
I. Call to Order
II. Disclosures of Pecuniary Interest
III. Chairman’s Remarks on the Purpose of the Meeting
IV. Staff Presentation
V. Public Participation
VI. Correspondence
VII. Other Business
VIII. Adjournment
5.4.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Court of Revision Meeting in question.
5.4.3 The business of the Court of Revision shall be considered in the order as it appears
on the Agenda, unless otherwise decided by a vote of the majority of the Members
present and voting.
5.5 Public Meeting Agenda
5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Public Meeting:
IX. Call to Order
X. Disclosures of Pecuniary Interest
XI. Chairman’s Remarks on the Purpose of the Meeting
XII. Public Participation
XIII. Correspondence
XIV. Other Business
XV. Adjournment
5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Public Meeting in question.
5.5.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting.
5.6 Meeting Minutes
5.6.1 The Clerk shall cause the Minutes to be taken of each Meeting of Council whether it is
closed to the public or not. These minutes shall include:
a) the place, date and time of the Meeting;
b) the name of the Presiding Officer or Officers and the record of attendance of
the Members;
i. should a Member enter after the commencement of the Meeting or leave
prior to adjournment, the time shall be noted;
c) declarations of pecuniary interest;
d) the reading, if requested, correction and confirmation of the minutes prior to the
Meeting;
e) all resolutions, decisions of the Meeting without note or comment.
5.6.2 The Minutes of each Meeting shall be presented to Council for confirmation at the next
Regular Meeting of the subject Meeting type.
5.6.3 Where the Minutes have been de livered to the Members in advance of the Meeting,
the Minutes shall not be read, and a resolution that the minutes be approved shall be
in order.
5.6.4 Following approval of the Minutes, the Minutes shall be signed by the Mayor and the
Clerk.
5.6.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings of
Council are posted on the Municipal website and prepared in accordance with Section
5.6 of this Procedural By-law.
Section 6 - ORDER OF PROCEEDINGS - COUNCIL
6.1 Call to Order
6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting,
the Mayor shall take the Chair and call the Members present to order.
6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set
for the Meeting and a quorum is present, the Deputy Mayor shall preside over the
Meeting and s hall exercise all duties and responsibilities of the Mayor as outlined
in t his Procedural By-law until the Mayor is present at the Meeting and able to
perform his responsibility to assume the chair.
6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time
set for the Meeting and a quorum is present, the Clerk shall call the Meeting to
order, and the Members present shall appoint a Presiding Member who shall act
as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is
the first to arrive and is able to assume the chair.
6.2 Disclosures of Pecuniary Interest
6.2.1 Where a Member, either on his own behalf or while ac ting for, by, wit h or through
another, has any pecuniary interest, direct or indirect, in any matter and is present at
a Meeting at which the matter is the subject of consideration, the Member shall:
a) prior to any consideration of the matter at the Meeting, disclose the interest
and the general nature thereof;
b) not take part in any discussion of or vote on any question with respect to the
matter; and
c) not attempt in any way before, during and after the meeting to influence the
voting on any such question.
6.2.2 Where the Meeting is not open to the public, in addition to complying with the
requirements of Section 6.2.1, the Member shall immediately leave the Meeting or
part of the Meeting during which the matter is under consideration.
6.2.3 Where a Member is absent from a Meeting which inc ludes a matter for which the
Member has a pecuniary interest, the Member shall dis close this interest and
otherwise comply at the first Meeting attended by him after the particular Meeting.
6.3 Presentations /Special Events
6.3.1 At the request of a Member of Council or the Municipality’s staff, any person,
organization, corporation, or appointed official may be permitted to address the
Members to inform them of matters of significance to the Municipality provided that the
request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week
preceding the Meeting.
6.3.2 Presentations shall include only the following:
a) civic recognition / awards;
b) presentations by Municipal staff or consultants retained by the Municipality;
c) presentations from senior levels of government or other municipal
governments.
6.3.3 Municipal audio visual equipment may be used to assist in presentations, provided
that permi ssion has been obtained for the use of such equipment from the Clerk at
the time the presenter contacts the Clerk to register for the meeting. The
presentation material must be provided to the Clerk at least by 9:00 a.m. on the
Thursday preceding the Meeting.
6.4 Announcements
6.4.1 During the announcement portion of the Meeting, Members may announce or comment
on community events and activities when recognized by the Chair.
6.5 Delegations
6.5.1 See Section 8
6.6 Minutes
6.6.1 Minutes of previous Meetings shall be listed under this section of the Council Agenda.
6.6.2 Previous Meeting Minutes may be disposed of through a single resolution or,
alternatively, any Member may request that one or more recommendations contained
in the Minutes be separated and voted on separately.
6.7 Motions and Notices of Motion
6.7.1 A Member of Council may file a Motion to be placed on the Council Agenda with the
Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council
Meeting at which it is to be presented for consideration and dealt with.
6.7.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m.
on the Tuesday of the week preceding the Council Meeting at which it is to be
presented, of which shall be deliberated at the next Regular Meeting of Council.
6.8 Correspondence
6.8.1 All Correspondence intended to be presented to Council shall be legibly written or
printed, shall not contain any impertinent or improper matter or language, shall
identify the author(s) by name and municipal address and shall be filed with the
Clerk before it is presented to Council.
6.8.2 Every item of Correspondence shall be delivered to the Clerk no later than Tuesday
at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is
delegated the authority to direct the item of Correspondence or a summary thereof
to the appropriate Agenda. The Clerk shall ensure that a summary of the content of
the correspondence is prepared and included in the Agenda and a recommendation
for disposal, being either “Receive for Information” or “Requiring Action” is assigned.
6.8.3 Notwithstanding Section 6.8.2, and at the discretion of the Clerk, Correspondence
received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an
urgent nature or directly relevant to a matter on the Agenda for the Meeting, may
be communicated to Council by way of an Addendum to the Agenda including a
summary of the content of the Correspondence item.
6.8.4 Upon presentation of a motion and prior to its approval, any item of Correspondence
may be the subject of limited discussion. Council may briefly discuss the matter and
if consensus is reached, a revised recommendation may be presented.
6.9 Reports to Council
6.9.1 The Reports to Council section of the Council Agenda shall include any report that,
due to timing, urgency, the important nature of the report and/or expediency, the
Clerk has determined should be considered by Council via an Addendum.
6.10 By-laws
6.10.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law granting
authority to borrow under the authority of the Municipal Act, or any by-law arising as
the result of an order or decision of any quasi-judicial body, shall be presented to
Council unless the subject matter thereof has been considered by Council and has
been approved by Council. The Clerk shall prepare and include in the Counc il
Agenda a summary of all By-laws, specifying the title of each By-law.
6.10.2 Every By-law, when introduced, shall be in typewritten form and shall contain no
blanks, except such as may be required to conform to accepted procedure or to
comply with the provisions of any Act, and shall be complete with the number and
date to be affixed.
6.10.3 All by-laws shall be given first and second r eadings in a single motion, unless a
Member wishes to discuss the contents of a specific by-law, at which time the subject
by-law s hall be removed from the motion and dealt with separately.
6.10.4 When the by-laws are reported with or without amendment, they shall be forthwith
given thir d reading in a single motion at the same Meeting on the affirmative vote of
the majority of the Members present and voting.
6.10.5 The Clerk shall endor se on all By -laws enacted by Council, the date of the several
readings thereof.
6.10.6 Every By-law which has been enacted by Council shall be numbered and dated, and
shall be signe d by the Mayor, or his designate, and the Clerk, sealed with the seal of
the Municipality and, thereafter, shall be retained under the control of the Clerk.
6.11 Unfinished Business
6.11.1 Any matters presented, considered, referred or tabled or any delegations not otherwise
disposed of through the consideration of an Agenda matter or previous Agenda, shall
be disposed of dur ing this portion of the Meeting.
6.12 Other Business
6.12.1 Items of business requiring the direction of Council or a formal resolution will appear
under this section in the Agenda. These matters should generally pertain to information
items and can include Members’ Reports on Advisory Committees. Any proposal to
present a Motion must comply with Section 10 of this By-law.
6.13 By-law to Confirm the Proceedings of Council
6.13.1 At the conclusion of all Regular and Special Meetings of Council and prior to
Adjournment, a Confirming By -law shall be brought forward to confirm the actions of
the Council at that Meeting in respect of each Motion, Resolution and other action
taken and a Confirming By-law, when introduced, shall be taken as having been read
and shall be voted on without debate.
6.14 Adjournment
6.14.1 See Sections 10.28, Section 10.29 and Section 10.30
Section 7 - ORDER OF PROCEEDINGS – PUBLIC MEETINGS
7.1 Public Meetings
7.1.2 Public Meetings shall be conducted in the following manner:
a) the Chair shall state the purpose of the Public Meeting and shall explain
to those present how the Public Meeting shall be conducted;
b) a member of the Municipal staff and/or Municipal Consultant shall then
address the Council to present the matter to the Council;
c) if applicable, the applicant or agent who is present shall then make
representation regarding the matter;
d) Members of the Committee shall then be given the opportunity to ask
questions or seek clarification regarding the matter; and
e) members of the public shall then be permitted to make representation
regarding the matter.
7.2 Adjournment
7.2.1 See Section 10.28, Section 10.29 and Section 10.30
Section 8 - DELEGATIONS
8.1 Delegations
8.1.1 There shall be no more than four (4) delegations, in total, scheduled for any Regular
Meeting of Council unless the Head of Council approves additional delegations no later
than forty-eight (48) hours prior to the Regular Meeting.
8.1.2 Persons desiring to verbally present information on matters of fact or to make a request
to Council shall give notice, including specific details regarding the subject of their
address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the week
prior to the Meeting.
8.1.3 Notwithstanding Section 8.1 .2, Council may, at their sole discretion, entertain
delegations with less notice as the circumstance may warrant with a two-thirds (2/3)
majority.
8.1.4 Notwithstanding Section 8.1.3, a person wishing to present information is not required
to give written notice nor be listed on the agenda with respect to a matter before
Council for which the public has been given notice of the Public Meeting under the
Planning Act, any other Act, or according to Municipal Policy, as required.
8.1.5 Delegations shall be permitted to speak on a matter only once within a six (6) month
period and shall be limited to speak for n o more tha n ten (10) minutes and be so
advised in advance of their delegations. An extension to speak may be decided,
without debate, by a majority of Council Members present. Where a delegation
consists of a group of three or more persons, the group may address the Council for no
more than fifteen (15) minutes. Where a Delegation wishes to provide Members with
written communication, including a petition, supporting the Delegation’s comments, the
communication s hall be provided to the Clerk and may be distributed to the Members
at the discretion of the Clerk.
8.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that
permi ssion has been obtained for the use of such equipment from the Clerk at the time
the presenter(s) contacts the Clerk’s Department to register for the meeting. The
presentation material must be provided to the Clerk by 9:00 A.M. Thursday the week
prior to the scheduled day of the Meeting.
8.1.7 No Delegation shall:
a) speak disrespectfully of any person;
b) use improper language or unparliamentary language;
c) speak on any subject other than the subject for which they have
received approval to address Council; or
d) disobey the rules of procedure or a decision of the Chair of Council.
8.1.8 Members of Council shall be permitted to ask questions of delegates only to clarify their
submissions or to elicit further information from them that is relevant to their submission.
8.1.9 Council may refuse to hear delegations when, in the opinion of Council, the subject of
the presentation is beyond the jurisdiction of the Municipality.
8.2 Petitions
8.2.1 Every petition intended to be presented to Council, shall be legibly written or printed
and shall not contain any impertinent or improper matter or language and shall be
signed by at least one person and filed with the Clerk.
8.2.2 Every petition shall be deliv ered to the Clerk not later than Thursday at 9:00 a.m. of the
week prior to the Meeting before the commencement of the Meeting of Counc il and, if
in the opinion of the Clerk it contains any impertinent or improper matter or language,
the Clerk shall decide whether it should be included in the Agenda.
Section 9 - RULES OF DEBATE AND CONDUCT
9.1 Conduct of Members of Council
9.1.1 No Member shall:
a) speak disrespectfully of the Reigning Sovereign, or of any Member of
the Royal Family, or of the Governor-General, the Lieutenant-Governor
of any Province, of any member of the Senate, the House of
Commons of Canada or the Legislative Assembly of the Province of
Ontario;
b) use offensive words or unparliamentary language or speak
disrespectfully against Council, against any Member or against any
officer or employee of the Municipality of Bayham;
c) speak on any subject other than the subject being debated;
d) disobey the Rules of Procedure or a decision of the Chair, whoever is
in the chair for the Meeting or a portion of the Meeting, on questions of
Points of Order or procedure or upon the interpretation of the Rules of
Procedure except where the ruling of the Chair is reversed by the
Council pursuant to Section 10.23. If a Member persists in any such
disobedience after having been called to order, the Chair shall
forthwith order that Member to vacate the Counc il Chambers or room
in which the Meeting is being held, but if the Member apologizes, he
may, by majority vote of the Members, be permitted to retake his seat;
e) speak in a manner that is discriminatory in nature based on an
individual’s race, ancestry, place of origin, ethnic origin, citizenship,
creed, gender, sexual orientation, age, colour, marital status, family
status or disability; or
f) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter or
the substance of the deliberations of the closed Meeting to any person.
9.2 Address the Chair
9.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as
the Chair may direct, and upon being recognized by the Chair, shall address the Chair,
only.
9.3 Order of Speaking
9.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the
Member who, in the opinion of the Chair, so signified first and next recognize in order
the other Members.
9.4 Point of Privilege
9.4.1 Where a Member considers that his integrity, the integrity of the Council as a whole,
or the integrity of staff has been impugned, the Member may, on a Point of Privilege,
rise with the consent of the Chair for the purpose of drawing the attention of Council to
the matter.
9.4.2 When a M ember is permitted to raise such matter of privilege, it shall take precedence
over other matters, but the Member shall not be permitted to enter into any argument or
introduce any Motion related to the Point of Privilege.
9.4.3 When the Chair considers that the integrity of the CAO|Clerk or a Member of
Municipal Staff has been impugned or questioned, the Chair may permit the
CAO|Clerk or Staff to make a statement to Council.
9.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair
immediately and the decision of the Chair under this section shall be final.
9.5 Point of Order
9.5.1 When a M ember desires to call attention to a violation of the Rules of Procedure, the
Member shall ask leave of the Chair to raise a Point of Order and, after leave is
granted, shall succinctly state the Point of Order to the Chair and the Chair shall then
decide upon the Point of Order and advise the Member of the decision.
9.6 Appeal of Ruling of Chair
9.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the
Member does not appeal immediately thereafter to Council, the decision of the Chair
shall be final.
9.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal
immediately to Council, otherwise the decision of the Chair is final.
9.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will
call a vote by Council, without debate on the following question: “Will the ruling be
sustained?”, and the decision of Council, is final. The Chair may vote on this
question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be
sustained.
9.7 Members Speaking
9.7.1 When a Member is speaking, no other Member shall pass between the Member and
the Chair, or interrupt the Member except to raise a Point of Order.
9.8 Question Read
9.8.1 Any Member may require the question or motion under discussion to be read at any
time during the debate but not so as to interrupt a Member while speaking.
9.9 Speak Once – Reply
9.9.1 No Member shall speak more than once to the same question without leave of Council
except that a reply sh all be allowed to be made only by a Member who has presented
the motion, but not by any Member who has moved an amendment or procedural
motion in response to that motion.
9.10 Time Limited
9.10.1 No Member, without leave of Council shall speak to the same question or in reply for
longer than five (5) minutes.
9.11 Questions
9.11.1 A Member may ask a question for the purposes of obtaining information relating only to
the matter under discussion and such questions must be stated concisely and asked
only through the Chair.
9.11.2 Notwithstanding Section 9.11.1 when a Member has been recognized as the next
speaker, then immediately before speaking, such Member may ask a question
through the Chair to any Member, the CAO|Clerk Staff, concerning any matter
connected with the business of the Municipality currently under discussion but only for
the purpose of obtaining information, following which the Member may speak.
Section 10 - MOTIONS
Reading
10.1 All motions must be introduced by a mover and a seconder before the Chair may put the
question or motion on the floor for consideration. If no Member seconds the motion, the
motion shall not be on the floor for consideration and therefore it shall not be recorded in the
minutes.
10.2 When a motion is presented in a Meeting, it shall be read in its entirety before debate.
10.3 Notwithstanding Section 10.1, if a motion is printed in the Agenda as either a separate item or
as part of a Report, it need not be read in its entirety unless requested to do so by a Member
of Counc il but shall be deemed as read for the purposes of introducing the Motion.
Withdrawn
10.4 After a motion is properly moved and seconded, it shall be deemed to be in poss ession of
Counc il, but may be withdrawn by the mover at any time before decision or amendment.
No debate until properly moved and seconded
10.5 No Member shall speak to any motion until it is properly moved and seconded, and the mover
is entitled to speak first if the Member so elects. If debated, the question or motion may be
read before being put.
Motion ruled out of order
10.6 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the
Chair shall rule the motion out of order.
Not within jurisdiction of Council
10.7 A Motion in respect of a matter which requires the exercise of a legislative power by Council
which is not within its jurisdiction shall not be in order at a Meeting of Council.
Motions Without Notice and Without Leave
10.8 The following matters and motions may be introduced orally by a Member without written notice
and without leave, except as otherwise provided by this Procedural By-law, and shall be
decided without debate:
a)a point of order or privilege;
b)to adjourn;
c) to table the question without directions or instructions;
d) to suspend the Rules of Procedure;
e) to lift from the table;
f) to divide the question;
g) to refer (without instructions);
h) question be now put; and
i) to recess.
10.9 The following motions may be introduced orally by a Member without notice and without leave,
except as otherwise provided by this Procedural By-law, and may be debated:
a) to refer with direction (direction for referral only to be debatable);
b) to table with instructions (instructions for tabling only to be debatable);
c) to amend; and
d) to rescind.
Priority of Disposition
10.10 A motion properly before Council for decision must be disposed of before any other motion can
be received except a motion in respect of matters listed in Sections 10.8 and 10.9.
Motion to Amend
10.11 A motion to amend:
a) shall be presented in writing if requested by the Chair;
b) shall relate to the subject matter of the main motion;
c) shall not be received proposing a direct negative to the question; and
d) shall be put to a vote in re verse order to the order in which the
amendments are made.
10.12 Only one motion to amend an amendment to the original motion shall be allowed and any
further amendment must be to the original motion.
Question be now put
10.13 A motion that the question be now put:
a) is not debatable cannot be amended
b) cannot be proposed when there is an amending motion under
c) consideration, except for the purpose of moving that the
d) amending motion be put;
e) when resolved in the affirmative, requires that the question, motion,
amending motion or motion as amended, whichever is under
consideration be put forward immediately without debate or amendment;
f) can only be moved in the following words, “that the question be now
put”; and
g) requires an affirmative vote of two-thirds (2/3) of the Members present
and voting.
Motion to refer or defer/postpone
10.14 A motion to refer or to refer back or to defer or to postpone the question may include
instructions respecting the terms upon which the question is to be referred or deferred or
postponed.
10.15 A motion to refer or to refer back or to defer or to postpone the question shall not be debatable
except where instructions are included, in which case, only the instructions shall be debatable.
10.16 A motion to refer or to refer back or to defer or to postpone the question may not be amended
except where instructions are included, in which case, only the instructions may be amended in
accordance with the provisions in Section 10.15.
Motion to table
10.17 A motion simply to table is not debatable except where instructions are included, in which case,
only the instructions shall be debatable. Such motion cannot be amended.
10.18 A motion to table with some condition, opinion, or qualification added to the motion shall be
deemed to be a motion to defer or postpone made under Section 10.14, Section 10.15 and
Section 10.16.
10.19 The matter tabled shall not be considered again by Council until a motion has been made to lift
from the table the tabled matter at the same or subsequent Meeting.
10.20 A motion to lift a tabled matter from the table is not subject to debate or amendment.
Motion to divide
10.21 A motion containing distinct proposals may be divided and a separate vote shall be taken upon
each proposal contained in a motion if decided upon by a majority vote of the Members present
and voting.
Motion to rescind
10.22 A motion to rescind a previous action of Council requires a majority vote of the Members
present and voting provided that notice has been given at the previous Meeting or in the
Agenda for the Meeting, and in case the aforesaid notice has not been given, the motion to
rescind requires a two-thirds (2/3) vote of the Members present and voting.
10.23 A motion to rescind is not in order when action has been taken on the order of Council of which
it is impossible to revise. The part of an order of Council which has not been acted upon,
however, may be rescinded.
Reconsideration
10.24 A resolution, by-law or any question or matter (except one of indefinite postponement) which
has been adopted previously by Council may be reconsidered by Council subject to the
following:
a) Only a Member who voted thereon with the majority may make a Motion
to Reconsider;
b) such motion must be supported by two-thirds (2/3) of the Members
present and voting in favour of such reconsideration before the matter is
re-opened for debate;
c) debate on a motion to reconsider must be confined to reasons for or
against the subject of the reconsideration;
d) if a motion to reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless the
motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been voted
on; and
e) a vote to reconsider a particular matter or decision will not be considered
more than once during the term of Council.
Motion to recess
10.26 A motion to recess shall provide for Council to take a short intermission within a Meeting which
shall neither end the Meeting nor destroy its continuity and after which, proceedings shall
immediately resume at the point where they were when interrupted.
10.27 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not
in order when another motion is on the floor.
Motion to Adjourn
10.28 A motion to adjourn is not debatable or amendable and shall always be in order except:
a) when another Member is in possession of the floor;
b) when a vote has been called;
c) when the Members are voting; or
d) when a Member has indicated to the Chair his desire to speak on the
matter before Council.
10.29 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the
Council to an end.
10.30 A motion to proceed beyond the hour of 11:00 p.m.:
a) shall not be amended or debated;
b) shall always be in order except when a Member is speaking or the
Members are voting; and
c) shall require the support of two-thirds (2/3) of the Members present and
voting.
Section 11 - VOTING ON MOTIONS
11.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the
form introduced and shall do so if required by a Member.
11.2 After a question is finally put by the Chair, no Member shall speak to the question nor shall any
other motion be made until after the vote is taken and the result has been declared.
11.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless
disqualified under the Municipal Conflict of Interest Act to vote on the question.
11.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from
voting, if a Member does not vote when a question is put, that Member shall be deemed to have
voted in the negative.
11.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that
question.
11.6 Each Member has only one vote.
11.7 The Chair shall announce the result of every vote.
Unrecorded Vote
11.8 The manner of determining the decision of the Council on a motion shall be at the direction of
the Chair and may be by voice, show of hands, standing, or otherwise.
Recorded Vote
11.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote may be
requested by a Member at which time each Member present, except a Member who is
disqualified from voting by any Act, shall announce his vote openly and the Clerk shall record
his name and his vote on the question.
11.10 The order in which Members, present and voting, vote on Recorded Votes shall be:
a) Ward Councillors (in ascending numerical order);
b) Deputy Mayor; and
c) Mayor
11.11 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote, the
Member shall be deemed and recorded as voting against the question.
Section 12 - CONDUCT OF THE AUDIENCE
12.1 Members of the public who constitute the audience in the Council Chamber, or other such place
where a Meeting is held in accordance with Section 4 of this Procedural By-law, during a
Meeting shall respect the decorum of Council, maintain order and quiet and may not:
a) address Council without permission;
b) interrupt any speaker or action of the Members or any person
addressing Council;
c) speak out;
d) applaud;
e) behave in a disorderly manner; or
f) make any noise or sound that proves disruptive to the conduct of the
Meeting.
12.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Council
Chambers, or any other location in which Council may conduct their business.
12.3 The Mayor or Chair may request that a member or members of the public vacate the Council
Chambers or any other location in which Council may conduct their business if their behaviour
is deemed to be disruptive to the business at hand.
Section 13- ADMINISTRATION
13.1 This By-law shall be administered by the Clerk.
13.2 By-law Number 2014-103, as amended shall be repealed in its entirety.
13.3 This By-law shall come into full force and effect on the 21st day of December, 2017.
READ A FIRST, SECOND and THIRD time and finally passed on the 21st day of December 2017.
____________________________ _____________________________
MAYOR CLERK
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: December 21, 2017
REPORT: CAO-84/17
SUBJECT: ADVISORY BOARD & COMMITTEE POLICY
BACKGROUND:
On July 16, 2015 the Council of the Corporation of the Municipality of Bayham passed By-law
No. 2015-085, being a by-law to establish an Advisory Board & Committee Policy.
On July 20, 2017 the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
THAT Report CAO-46/17 re Bill 68, Modernizing Ontario’s Municipal Legislation
Act be received for information;
THAT staff be directed to bring forward amended policies for Council consideration
to proactively comply with the provisions of Bill 68 Modernizing Ontario’s Municipal
Legislation Act;
AND THAT staff be directed to request Elgin County to coordinate a meeting of all
Elgin County CAO’s to develop a process, for Council consideration, to appoint a
joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68
requirements for all Elgin County Municipalities.
DISCUSSION
As outlined within Reports CAO 46/17 and as evidenced within Reports CAO 82, 83 & 85, Bill
68, Modernizing Ontario’s Municipal Legislation Act has necessitated a number alterations to
existing municipal policies.
The Draft Advisory Board & Committee Policy attached hereto as Appendix ‘A’ contains the
following modifications from the current Advisory Board & Committee Policy as authorized by
By-law No. 2015-085:
1)Removal of the Advisory Board & Committee Code of Conduct
a.The Code of Conduct is proposed to be a stand-alone document for Council and
local boards and committees.
2)Section 10 – MFIPPA
a.Municipal address is updated to 56169 Heritage Line, Straffordville Ontario
3)Administrator is changed to CAO|Clerk to reflect current organization structure.
4)Section 4.7.2 – Closed Meetings
a.Addition of closed meeting provisions h-k to reflect the changes within the
Municipal Act.
RECOMMENDATION
1.THAT Report CAO-84/17 re Advisory Board & Committee Policy be received for
information;
2.AND THAT Council direct staff to bring forward an Advisory Board & Committee By-law
for Council consideration.
Respectfully Submitted by:
Paul Shipway
CAO|Clerk
Corporation of the Municipality of Bayham
Date of Council Approval: December 21, 2017
Date of Latest Revision:
Policy Name: Municipality of Bayham Advisory Board and Committee Policy
Section 1 - Purpose
The Municipality of Bayham Advisory Board and Committee Policy will guide a consistent,
accountable approach to working with Municipality of Bayham Advisory Board and
Committee Members. The Municipality of Bayham Advisory Board and Committee Policy in
conjunction with the Municipality of Bayham Advisory Board and Committee Rules of
Procedure, attached hereto as Appendix ‘A’, will guide current and future Advisory Board and
Committee Member activity throughout the Municipality of Bayham. The Municipality of
Bayham Advisory Board and Committee Policy is part of a broader Municipal effort to
participate in meaningful, transparent engagement with all residents of the Municipality of
Bayham.
Section 2 - Scope
The Municipality of Bayham Advisory Board and Committee Policy governs Municipal
responsibilities to its Advisory Board and Committee Members, as well as the selection,
orientation and safety of Advisory Board and Committee Members. The Municipality of
Bayham Advisory Board and Committee Policy also governs Advisory Board and Committee
Member rights and Advisory Board and Committee Member responsibilities to the
Municipality.
Section 3 - Philosophy
Advisory Boards and Committees have been, and will continue to be, an integral component
of the Municipality. Advisory Board and Committee Members complement and support the
work of Councillors and staff, accomplish important tasks that would not otherwise be done,
and support programs that could cease to exist without Advisory Board and Committee
Member participation. The Municipality recognizes and greatly values the commitment and
contributions of Advisory Board and Committee Members to furthering the mandate,
objectives and activities of Advisory Boards and Committees of the Municipality. Municipality
of Bayham Advisory Board and Committee Members enhance and augment programs within
the Municipality.
Advisory Board and Committee Members bring a wide variety of skills, knowledge and
experience, all of which combine to strengthen the Municipality. Therefore, the Municipality
strives to provide Advisory Board and Committee Members with a meaningful portfolio that
suits their skills, as well as a rewarding and challenging community-oriented experience for
all those interested in the goal of enhancing the Municipality of Bayham.
Section 4 - Advisory Board and Committee Member Recognition Program
The Council of the Municipality of Bayham shall every four years, in the final year of a term of
Council recognize Advisory Board or Committee Members and Community Volunteers by
hosting a Volunteer Appreciation Night. All Advisory Board and Committee Members and
Community Volunteers will have the opportunity to attend and celebrate volunteerism in the
Municipality of Bayham.
Section 5 – Municipal Responsibilities
In working with Advisory Boards and Committees, the Municipality will fulfill the following
responsibilities:
a)Ensure that Councillors and staff recognize the role of Advisory Board and Committee
Members;
b) Provide Advisory Board and Committee Members with the Municipality of Bayham
Advisory Board and Committee Rules of Procedure outlining the conduct of business
at Advisory Board and Committee Meetings;
c)Provide Advisory Board and Committee Members with written Advisory Board and
Committee portfolios outlining the mandate of each Advisory Board and Committee, a
copy of which is attached hereto as Appendix ‘B’ and shall be amended from time to
time;
d) Provide Advisory Board and Committee Members with appropriate orientation to the
Municipality of Bayham Advisory Board and Committee Policy and supporting
documentation.
Section 6 - Selection and Placement
Municipality of Bayham Advisory Board and Committee Members are appointed and operate
based on the concept of Equal Opportunity and Diversity.
The Municipality maintains a strong policy of equal opportunity. The Municipality accepts,
and dismisses Advisory Board and Committee Members on the basis of personal
competence, performance and dedication, without regard to race, colour, ancestry, national
origin, age, gender, or sexual orientation.
The process for selection, placement and dismissal from Municipality of Bayham Advisory
Boards and Committees is as detailed in the Municipality of Bayham Advisory Board and
Committee Rules of Procedure. An applicant must submit the Municipality of Bayham
Advisory Board and Committee Application Form, a copy of which is attached hereto as
Appendix ‘C’, to initiate the selection and placement process.
Section 7 - Orientation
Every Advisory Board and Committee Member shall be required to attend one (1)
orientation session. It is the responsibility of the CAO|Clerk to:
a)Provide an overview of the Municipality of Bayham Advisory Board and Committee
Members rights and responsibilities, including Advisory Board and Committee
Member responsibilities pertaining to confidentiality;
b)Provide a comprehensive Municipality of Bayham Advisory Board and Committee
Accessibility Handbook to all Municipality of Bayham Advisory Board and Committee
Members.
Additionally, every Advisory Board and Committee Member shall have a clearly identified
Advisory Board or Committee Chair and a Council or staff representative who will be
available for consultation and support.
Section 8 - Advisory Board and Committee Member Responsibilities
Advisory Board and Committee Members have the responsibility to fulfill the role of an
Advisory Board and Committee Member as outlined in the Municipality of Bayham Advisory
Board and Committee Rules of Procedure and Code of Conduct in addition to the following:
a)Act as an ambassador of the Municipality of Bayham in the community in an effort to
spread knowledge and understanding of the mandate of the specific Advisory Board
or Committee;
b)Not falsely represent the Municipality of Bayham Advisory Boards and Committees to
outside partners, agencies or the public;
c)Respect confidences and privacy of the Municipality of Bayham Advisory Boards and
Committees;
d)Be held accountable for their actions;
e)Be wiling to learn and grow in the Advisory Board and Committee position;
f)Work cooperatively with Municipality of Bayham Councillors and staff, recognizing and
appreciating differences of opinion;
g)Be considerate, respect competencies and work as a team with all staff and other
Advisory Board and Committee Members;
h)Complete the training and/or orientation provided;
i)Immediately clarify any uncertainties with the Advisory Board or Committee Chair,
Councillor or staff representative;
j)Follow all applicable policies, procedures and by-laws established by the Municipality
of Bayham.
k) Be required to sign a confidentiality statement;
l)Advisory Board and Committee activity participants under the age of eighteen (18)
years must be accompanied by an adult (either a parent, guardian, staff person or
Advisory Board and Committee Member supervisor);
Section 9 - Accessibility
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Ascent on
June 13th, 2005 and is legislation which impacts persons, businesses and other
organizations across Ontario in both the Public and Private sector. The main purpose of the
legislation is the achievement of accessibility for all Ontarians with disabilities with respect to
goods, services, facilities, accommodation, employment, building structures and premises on
or before January 1st, 2025, by developing, implementing and enforcing standards of
accessibility. Compliance is mandatory and AODA has strong enforcement provisions
including inspections, orders and significant penalties.
While serving on any Municipality of Bayham Advisory Board or Committee, all Municipality
of Bayham Advisory Board and Committee Members shall comply with all Municipality of
Bayham Accessibility Policies. Municipality of Bayham Advisory Boards and Committees
shall also ensure that adequate provisions are made to ensure that Places of Meeting,
Agenda and Minute formats, communications and conduct of meetings are accessible, to
provide maximum participation. Reference may be made to the provisions of the Municipality
of Bayham Accessibility Handbook, a copy of which is attached hereto as Appendix ‘D’.
Section 10 - Municipal Freedom of Information and Protection of Privacy Act
The Municipal Freedom of Information and Protection of Privacy Act applies to all local
government organizations, including:
a)municipalities
b)school boards
c)public utilities
d)transit and police commissions
e)fire departments
f)conservation authorities
g)boards of health
h)other local boards
The Municipal Freedom of Information and Protection of Privacy Act requires the Municipality
to protect the privacy of an individual's personal information existing in government records
and provides a right of access to information held by the Municipality. The Municipal
Freedom of Information and Protection of Privacy Act creates a privacy protection scheme
the Municipality must follow to protect an individual's right to privacy. The scheme includes
rules regarding the collection, use, disclosure and disposal of personal information in the
custody and control of the Municipality.
The Municipality, as a whole, including Advisory Boards and Committees, are accountable
for complying with the Municipal Freedom of Information and Protection of Privacy Act. It is
against the law to release any personal information to anyone other than the person that the
information is about. As such, all Advisory Board and Committee members must sign the
Municipal Freedom of Information and Protection of Privacy Act Confidentiality Statement,
attached hereto as Appendix ‘E’. The Municipal Freedom of Information and Protection of
Privacy Act, Section 48, provides for penalties for contravention of the said Act. Examples of
personal information include, but are not limited to, the following information about an
identifiable individual:
a)race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or
family status;
b)education, medical, psychiatric, criminal or employment history;
c)financial transactions involving an individual;
d)any identifying number assigned to an individual;
e)home address, telephone number;
f)fingerprints, blood type;
g)personal opinions of or about an individual;
h)correspondence between an individual and the Municipality of a confidential nature;
i)individual’s name if it appears with other personal information or disclosure of the
name would reveal other personal information.
The Municipality of Bayham CAO|Clerk is responsible for processing all access requests,
gives direction to Municipal staff on informal information requests and implements privacy
protection practices. If an Advisory Board or Committee Member is unsure about the
requirements pertaining to information or a record in their possession, the Advisory Board
or Committee Member should contact the Municipality of Bayham CAO|Clerk prior to
disclosure of any record or information for instruction.
Municipality of Bayham
P.O. Box 160
56169 Heritage Line
Straffordville, Ontario
N0J 1Y0
Phone: 519-866-5521
Web site: www.bayham.on.ca
Section 11 - Municipal Conflict of Interest Act
The Municipal Conflict of Interest Act strives to control the actions of elected and appointed
Municipal representatives by obliging them to publicly disclose any direct or indirect
pecuniary interests they have in a matter before Council, Committee and Advisory Boards or
Committees. Conflict of interest legislation is limited to pecuniary interests. The term
“pecuniary interest” is not defined in the Municipal Conflict of Interest Act, but includes direct,
indirect and deemed pecuniary interests. Its dictionary definition is “to relate to money”.
The Municipal Conflict of Interest Act captures several scenarios that are not immediately
apparent as conflicts;
a)A direct or indirect pecuniary interest is a financial interest that an Advisory Board or
Committee Member (which includes an Advisory Board or Committee Member’s
parent, spouse, partner, child (not restricted to a person 18 years of age. It includes
natural children, adopted children, and those or treated as child. Accordingly,
stepchildren, nephews and nieces, foster children)) or controlling interest in a
corporation, has in a matter before an Advisory Committee or Board;
b)An Advisory Board or Committee Member who is a partner of a person, or who is in
the employment of a person or body that has a pecuniary interest in a matter must
declare a conflict of interest;
c)Whether the financial interest is positive or negative is immaterial for the purposes of
Municipal Conflict of Interest;
d)Municipal Conflict of Interest Act lists a number of conflicts of interest that do not need
to be declared under the statute.
If an Advisory Board or Committee Member has a conflict of Interest the Municipal Conflict of
Interest Act requires:
a) the Advisory Board or Committee Member to disclose the pecuniary interest;
b)the Advisory Board or Committee Member to not influence before, during or after a
vote;
c)the Advisory Board or Committee Member to not participate in the discussion or
decision making;
d)the Advisory Board or Committee Member to leave the room, if the matter is dealt with
in-camera under the provisions of the Municipal Act, 2001;
In the event of an alleged contravention, an elector may bring an application before a Judge
of the Ontario Court of Justice for a determination of whether an Advisory Board or
Committee Member has contravened the Municipal Conflict of Interest Act.
Section 12 - Advisory Board and Committee Member Health and Safety
Advisory Board and Committee Members should never be asked to do anything unsafe, and
have the right to refuse any request, function or activity they feel is unsafe. The Municipality
of Bayham has a wide range of interactions with Advisory Board and Committee Members
and therefore expects that different approaches shall apply to different Advisory Board and
Committee activities.
It is important that approaches be designed within an overall policy framework across the
entire Municipality of Bayham. The health and safety of Advisory Board and Committee
Members is paramount and will be managed in accordance with the same principles and
processes as that of Councillors and staff. All Advisory Board and Committee projects will
comply with the Occupational Health and Safety Act and Regulations, and the Municipality of
Bayham Occupational Health and Safety Policies. Health and safety instruction and training
relevant to the specific Advisory Board and Committees will be provided to Advisory Board
and Committee Members based on their specific Advisory Board and Committee Health and
Safety Profile, which shall include access to the Municipality of Bayham Health and Safety
Policy Manual. Training for Advisory Board and Committee Members shall comprise of a
health and safety introduction and specialized training or continuing training as required for
each specific Advisory Board and Committee. The introduction shall ensure that Advisory
Board and Committee Members understand their duties, rights, responsibilities, health and
safety issues and accident and emergency procedures.
Advisory Board and Committee Members shall have the following responsibilities:
a)Be familiar with the applicable requirements of the Municipality’s Health and Safety
Policy and the Occupational Health and Safety Act and Regulations, and ensure
compliance with the same;
b)Take every possible precaution to protect themselves, fellow Advisory Board and
Committee Members and the public from health hazards and unsafe situations;
c)Properly wear and use personal protective equipment where required;
d)Familiarize themselves with the location and operation of all safety equipment
including first-aid kits and fire extinguishers;
e)Be responsible for the prompt reporting to their Chair, Councillor or staff person of
health and safety hazards, unsafe acts or conditions, accident and injuries;
f)To not engage in any prank, contest, feat of strength, unnecessary running or rough
boisterous conditions.
Advisory Board and Committee Members must report all accidents and injuries to their Chair,
Councillor or staff person immediately. The Chair, Councillor or Staff person shall notify the
Health and Safety Committee of the accident or injury immediately.
Advisory Board and Committee Members are prohibited from using or possessing illicit
drugs, alcohol or using prescription drugs in any way that is illegal. Municipality of Bayham
Advisory Board and Committee Members under the influence of drugs and/or alcohol will not
be tolerated, and will result in the Advisory Board and Committee Member’s dismissal.
Section 13 - Insurance and Liability
The issue of liability is based on the principle that people are responsible for their conduct in
the course of daily activities. Failure to conduct oneself in a responsible and reasonable
manner could result in a tort. A tort is a civil wrong as opposed to a criminal wrong and
occurs when negligent conduct results in some injury to others. Negligent conduct can
include acts of commission or omission. The resulting damage might be to either person or
property.
Advisory Board and Committee Members, inclusive of Student, Affiliate and single day
volunteers, while acting within a specific Advisory Board and Committee established
mandate and under the control and direction of the Council of the Municipality of Bayham are
covered by the Municipality of Bayham General Liability Insurance Policy. Advisory Board
and Committee Members acknowledge the following:
1.Advisory Board and Committee Members shall not be covered by
Workplace Safety Insurance Board coverage.
2.Advisory Board and Committee Members will abide by all applicable
Municipal by-laws, policies and rules, as may be amended from time to
time.
3.Advisory Board and Committee Members will not use facilities, equipment
and property owned by the Municipality without approval of a Municipal staff
person, and will not use them for personal purposes.
RULES OF PROCEDURE
FOR ADVISORY BOARDS AND COMMITTEES OF THE
CORPORATION OF THE MUNICIPALITY OF BAYHAM
TABLE OF CONTENTS – ADVISORY BOARD AND COMMITTEE PROCEDURAL
BY-LAW
MUNICIPALITY OF BAYHAM
SECTION TITLE
1 DEFINITIONS AND INTERPRETATION
2 GENERAL PROVISIONS
3 DUTIES OF ADVISORY BOARDS AND COMMITTEES
4 MEETINGS
5 ADVISORY BOARDS AND COMMITTEES
6 AGENDAS AND MINUTES
7 ORDER OF PROCEEDINGS
8 RULES OF DEBATE AND CONDUCT
9 MOTIONS
10 VOTING ON MOTIONS
11 CONDUCT OF AUDIENCE
12 ADMINISTRATION
BY-LAW NO. 2017-XXX
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF
MUNICIPAL ADVISORY BOARDS AND COMMITTEES OF
THE MUNICIPALITY OF BAYHAM AND OF THE CONDUCT
OF ITS MEMBERS
WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires
every Municipality to pass a Procedural By-law for governing the calling, place and
proceedings of meetings;
AND WHEREAS the Corporation of the Municipality of Bayham supports and
acknowledges the value of Advisory Boards and Committees and there Members;
AND WHEREAS the Council for The Corporation of the Municipality of Bayham now
deems it advisable to enact a By-law to govern the proceedings of Municipal Advisory
Boards and Committees, the conduct of its Members and the calling of Meetings, and to
provide for procedures and statutory requirements in accordance with the Act;
NOW THEREFORE the Council for The Corporation of the Municipality of Bayham enacts
as follows:
Section 1 – DEFINITIONS AND INTERPRETATION
1.1 For the purposes of this By-law; unless stated otherwise or the context
requires a different meaning:
“Advisory Board or Committee” shall mean a board or committee appointed by
Council to act in an advisory capacity to Council on operational and strategic issues
during the full term of Council.
“CAO|Clerk” shall mean the CAO|Clerk of the Municipality of Bayham.
“Chair” shall mean the Member appointed as such by the Advisory Board or
Committee.
“Council” shall mean the Council of The Corporation of the Municipality of Bayham.
“Councillor” shall mean a person elected or appointed as a Member of Council but
does not include the Mayor.
“Delegation” shall mean a person or group of persons desiring to verbally present
information or to make a request to the Advisory Board or Committee.
“Mayor” shall mean the Head of Council for the Municipality.
“Meeting” shall mean any Meeting of the Advisory Board or Committee.
“Member” shall mean a Member an Advisory Board or Committee of the
Corporation of the Municipality of Bayham.
“Motion” shall mean a question or proposal to be considered by the Advisory Board
or Committee and which is moved and is subject to debate. When a Motion is
adopted, it becomes a Resolution.
“Municipal Act” shall mean the Municipal Act, 2001,(S.O.2001, c. 25), as amended
or replaced from time to time.
“Pecuniary Interest” shall mean a direct or indirect Pecuniary Interest within the
meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter M.50, as may
be amended.
“Point of Order” shall mean a statement made by a Member during a Meeting
drawing to the attention of the Chair a breach of the Rules of Procedure.
“Point of Privilege” shall mean the raising of a question that concerns a Member,
or all of the Members of Council, when a Member believes that his rights,
immunities or integrity or the rights, immunities or integrity of the Advisory Board or
Committee as a whole have been impugned.
“Presiding Member” shall mean the Chair of the Meeting.
“Quorum” shall be as defined in Section 4.8 of this Procedural By-law.
“Resolution” shall mean a formal expression of opinion or intention by and
Advisory Board or Committee.
“Rules of Procedure” shall mean the rules and requirements contained within this
Procedural By-law.
“Secretariat” shall mean the person elected by the Advisory Board or Committee
responsible for the preparation of Agendas and taking of Minutes for the Advisory
Board or Committee
“Municipality” shall mean the Corporation of the Municipality of Bayham.
“Vice Chair” shall mean such Member of an Advisory Board or Committee who has
been elected to act in the place and stead of the Chair when such Chair is absent
from a meeting of the Advisory Board or Committee for any cause and who shall
exercise all the rights, power and authorities of the Chair.
“Website” shall mean the Municipality of Bayham website address identified as
www.bayham.on.ca
Section 2 - GENERAL PROVISIONS
2.1 Applicability
2.1.1 Save as otherwise provided herein, the procedural rules and
requirements of this by-law shall be observed in all Advisory Board
and Committee Meetings and shall be the rules and requirements
which govern the order of their business.
2.1.2 This By-law applies to the creation, amendment and dissolution of
Advisory Boards and Committees and to appointments for
representation of the public, Staff and Members of Council as
authorized by Council on Advisory Boards and Committees.
2.1.3 This by-law outlines a fair and equitable approach and process for the
establishment and operation of Advisory Boards and Committees.
2.2 Issue not Addressed
2.2.1 If an issue is raised that is not expressly addressed in this By-law, the
issue shall be decided by the Chair or Vice Chair, subject to an appeal
to the Advisory Board or Committee, as the case may be.
2.2.2 All points of order or procedure not provided for in these Rules of
Procedure shall be decided in accordance with the rules of procedure
known as Robert’s Rules of Order.
2.4 Communication Devices
2.4.1 All communication devices shall be switched to ‘silent’ upon entering
the location where any Council or Committee Meeting is being held.
Section 3 - DUTIES OF ADVISORY BOARDS AND COMMITTEES
3.1 Duties of the Chair
3.1.1 It shall be the duty of the Chair to carry out the following
responsibilities:
a) to open the Meeting of the Advisory Board or Committee by
taking the Chair and calling the Members to order;
b)to announce the business before the Advisory Board or
Committee in the order in which it is to be acted on;
c)to receive and submit, in the manner prescribed by this
Procedural By-law, all Matters of Business presented by
Members;
d)to recognize any Member who wishes to speak and to
determine the order of the speakers;
e)to put to vote all questions which are regularly moved or
necessarily arise in the course of the proceedings and to
announce the results;
f)to participate as an active and voting member, encouraging
active participation by all Advisory Board and Committee
members;
g)to decline to put to vote motions which contravene the
provisions of this Procedural By-law;
h)to enforce the provisions of the Procedural By-law;
i)to enforce on all occasions, the observance of order and
decorum among the Members;
j)to call by name, any Member refusing to comply with this
Procedural By-law and to order the Member to vacate the place
of Meeting;
k)to cause to be expelled and excluded any member of the public
who creates a disturbance or acts improperly during a Meeting;
l)to authenticate, by signature, all Meeting minutes;
m)to rule on any points of order raised by Members;
n)to represent and support the decisions of the Advisory Board or
Committee, declaring its will and explicitly and implicitly obeying
its decisions in all things;
o)to be the point of contact with Council, staff and any media
relations;
p)to review the goals and objectives of the Advisory Board or
Committee and ensure the work plan is realistic, up-to-date and
being followed;
q)to recognize workload limitations of the Advisory Board or
Committee;
r)to adjourn the Meeting when the business is concluded.
3.2 Duties of the Vice Chair
3.2.1 Where the Chair gives notice that he will be absent from the Advisory
Board or Committee, or of his absence through illness, or he refuses
to act, then the Vice Chair shall act in his place and instead of the
Chair and, while so acting, has and may exercise all the rights, powers
and authority of the Chair.
3.3 Duties of the Members of Advisory Boards and Committees
3.3.1 It shall be the duty of the Members to carry out the role of the Advisory
Board or Committee as set forth in the Advisory Board or Committee
mandate, in addition to the following responsibilities:
a)to deliberate on the business submitted to the Advisory Board
or Committee;
b)to vote when a motion is put to a vote, except where otherwise
disqualified from doing so by law;
c)to apply and respect the Rules of Procedure;
d)to attend all scheduled and special Advisory Board or
Committee meetings, sending regrets otherwise;
e)to understand his role and expectations, including all applicable
Municipality Policies;
f)to follow the agenda and stay focused on the topic at hand;
g)to understand and follow the mandate of the Advisory
Board or Committee, including its relationship to Council;
h)to understand and respect the role and expectations of all
participants;
i)to develop and maintain a climate where mutual support, trust,
respect, courtesy, teamwork, creativity and a sense of humour
are valued;
j)to maintain a high degree of professionalism, discharging all
duties with honour and integrity in order that the member may
merit the trust and confidence of the citizens of the
Municipality of Bayham, Council and staff;
k)to respect the individual worth and dignity of other members
and, at all times, work together to achieve a common vision for
the community, utilizing the diverse knowledge, expertise and
talents of all members to optimal advantage;
l)to challenge ideas and not people, creating a climate where it is
okay to disagree;
m)to communicate directly, concisely and honestly, listening
without interruption, and be open-minded, allowing a variety of
opinions to be heard;
n)to work effectively with the administration to provide excellent
service to residents, recognizing the professional obligations of
staff as an employee of the Municipality and not intervening in
administrative practices;
o)to respect that resolutions made shall reflect the majority view
of the Advisory Board or Committee;
p)to respect that decisions of Council are final and accurately
communicate the decisions of Council even if they disagree
with the majority decision of the Advisory Board or Committee;
q)to respect confidential information;
r)to attend any training session for Members.
3.3.2 Members shall adhere to the Advisory Board and Committee Code of
Conduct attached hereto as Schedule “A”, as adopted by Council and
as amended from time to time.
3.3.3 Advisory Boards or Committees may appoint Affiliate or Student
Members from time to time. Affiliate or Student Members shall be
bound by Sections 3.3.1 and 3.3.2 of this Procedural By-law; however,
Affiliate and Student Members shall have no voting privileges.
3.4 Duties of the Council Members and Staff on Advisory Boards and
Committees
3.4.1 It shall be the duty of Council Members and staff appointed to Advisory
Boards and Committees to carry out the role of the Member as set
forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the
following responsibilities:
a)to contact Advisory Board or Committee Chairs if issues or
concerns related to Members or staff arise and ensure conflict
resolution mechanisms are employed, where appropriate;
b)to assist the Advisory Board or Committee by offering policy
advice on matters within the purview of the Advisory Board
or Committee;
c)to assist the Chair in preparing any reports or action items.
3.4.2 Council Members and staff shall only vote if the Terms of Reference or
mandate of the individual Advisory Board or Committee permit.
3.5 Duties of the Secretariat of Advisory Boards and Committees
3.5.1 It shall be the duty of the Member elected as Secretariat to the
Advisory Board or Committee to carry out the role of the Member as
set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the
following responsibilities:
a)to prepare agendas including relevant resolutions in
cooperation with the Chair;
b)to electronically distribute agendas to Members before a
meeting;
c)to arrange for or set up of meeting areas, giving consideration
to the nature of the matters to be discussed, any audio-visual
requirements, attendance by the public and ensuring
accessibility for all in compliance with the Municipality
Accessibility for Ontarians with Disabilities Act Handbook;
d)to arrange for attendance of invited guests at meetings, in
conjunction with the Chair;
e)to record when the meeting started and adjourned;
f)to record the Members present and absent;
g)to take minutes, recording a summary of the discussion for
each item, actions to be taken and recommendations, including
the names of the movers of motions;
h)to finalize minutes for distribution.
Section 4 - MEETINGS
4.1 Place of Meeting
4.1.1 Unless otherwise directed by the Advisory Board or Committee, all
Meetings shall be held in Municipal facilities.
4.2 Inaugural Meeting
4.2.1 The Inaugural Meeting of the Advisory Board or Committee shall be
held at a time determined by the Council or staff Member appointed to
the Advisory Board or Committee.
4.2.2 The Advisory Board or Committee Council or staff Member shall be
responsible for the location, content and format of the Agenda for the
Inaugural Meeting and all arrangements related thereto.
4.3 Regular Meetings
4.3.1 Regular Meetings of Advisory Boards and Committees shall be held
on a set schedule with fixed start times to be determined by the
Advisory Board or Committee at its Inaugural Meeting, which schedule
will be provided to the CAO|Clerk immediately following the Inaugural
Meeting.
4.3.2 Where a change is made to the day and time of an Advisory Board or
Committee Meeting, the Chair shall give notice of the change to all
Members via email.
4.6 Meetings Open to Public
4.6.1 Subject to Section 4.7 of this Procedural By-law, Meetings shall be
open to the public and no person shall be excluded therefrom except
for improper conduct.
4.6.2 The Chair may request that members of the public vacate the Place of
Meeting if their behaviour is deemed to be disruptive to the business at
hand. The Chair may unilaterally suspend the Meeting until order is
restored in the Place of Meeting.
4.7 Closed Meetings
4.7.1 Except as otherwise provided herein, all Meetings shall be open to the
public.
4.7.2 The Advisory Board or Committee may, by resolution, close a Meeting
or part of a Meeting to members of the public if the subject matter
being considered is:
a) the security of the property of the Municipality or Local Board;
b) personal matters about an identifiable individual, including
Municipal and Local Board Employees;
c) a proposed or pending acquisition or disposition of land by the
Municipality;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before
administrative tribunals, affecting the Municipality;
f) the receiving of advice that is subject to solicitor-client
privilege, including communications necessary for that
purpose;
g) a matter in respect of which the Council is authorized by
another provincial statute to hold a closed meeting;
h) information explicitly supplied in confidence to the municipality
or local board by Canada, a province or territory or a Crown
agency of any of them;
i) a trade secret or scientific, technical, commercial, financial or
labour relations information, supplied in confidence to the
municipality or local board, which, if disclosed, could
reasonably be expected to prejudice significantly the
competitive position or interfere significantly with the
contractual or other negotiations of a person, group of
persons, or organization;
j) a trade secret or scientific, technical, commercial or financial
information that belongs to the municipality or local board and
has monetary value or potential monetary value; or
k) a position, plan, procedure, criteria or instruction to be applied
to any negotiations carried on or to be carried on by or on
behalf of the municipality or local board.
4.7.3 A motion by the Advisory Board or Committee, to close a Meeting or
part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting;
b) the general nature of the subject matter to be considered at the
closed Meeting.
4.7.4 Where a Meeting or part of a Meeting is closed to the public, the
Advisory Board or Committee shall request those persons not
specifically invited to the closed Meeting to vacate the Place of
Meeting.
4.7.5 A Meeting or part of a Meeting shall not be closed to the public during
a vote.
4.7.6 The Motion to rise from “In Camera” shall include the time that the
Advisory Board or Committee arose.
4.7.7 The Secretariat shall record without note or comment all resolutions,
decisions and other proceedings at a Meeting of the Advisory Board or
Committee when it is closed to the public.
4.7.8 Members shall ensure that confidential matters disclosed to them
during closed Meetings are kept confidential. Any breach of
confidential matters disclosed during closed Meetings shall be subject
to the sanctions contained in the Advisory Board and Committee Code
of Conduct.
4.8 Quorum
4.8.1 Quorum shall be a simple majority of the total Advisory Board or
Committee Members, including any vacancies. Subcommittees and
Working Groups are subject to quorum rules Advisory Boards and
Committees may appoint working group and sub committiees).
4.8.2 If a Quorum is not present within thirty (30) minutes after the time
appointed for the Meeting, the Secretariat shall record the names of
the Members present and the Meeting shall stand adjourned until the
date of the next Regular Meeting or other Meeting called in
accordance with the provisions of this Procedural By-law.
4.9 Adjournment - Due Hour
4.9.1 Except as provided in Section 9.1.16 of this Procedural By-law, a
Regular or Special Meeting of an Advisory Board or Committee shall
adjourn at the hour of 11:00 p.m., if in session at that time, and shall
reconvene at such other day and time as the Advisory Board or
Committee, by resolution, may direct.
4.10 Cancellation of Meeting
4.10.1 The Chair or the Vice Chair, in the Chair’s absence, or the Secretariat,
in the absence of both the Chair and Vice Chair, may cancel any
Meeting of the Advisory Board or Committee if he is of the opinion that
weather conditions or an emergency warrant. The Chair shall inform
as many Members as he is able to reach, and any persons that are
scheduled to be in attendance.
4.10.2 Postponement of the Meeting shall not be for any longer than the next
regularly scheduled Meeting of the Advisory Board or Committee.
4.11 Accessibility
4.11.1 Adequate provisions shall be made by the Chair to ensure that Places
of Meeting, Agenda and Minute formats, communications and conduct
of meeting are accessible, to ensure maximum participation.
Reference may be made to the provisions of the Municipality of
Bayham Accessibility Handbook.
Section 5 – ADVISORY BOARDS AND COMMITTEES
5.1 Establishment of Advisory Boards and Committees
5.1.1 Advisory Boards and Committees are proposed by resolution of
Council and established by by-law. Each by-law shall incorporate the
mandate for the specific Advisory Board or Committee. Prior to
Council's establishment of any Advisory Board or Committee staff shall
submit a report to Council including the following information:
a) inventory of previous and existing activities related to the
matter, including public consultation initiatives;
b) membership composition and level of expertise or specialization
required by committee members for the selection process;
c) orientation, training and facilitation needs.
5.2 Review of Advisory Boards and Committees
5.2.1 Council may review all Advisory Boards and Committees and their
respective mandates at any time during the term of Council. The
CAO|Clerk shall assist in this effort by providing an overview of all
Advisory Boards and Committees when requested.
5.2.2 Council may abolish an Advisory Board or Committee at any time
during the term of Council with fully substantiated reasoning.
5.3 Orientation Sessions
5.3.1 Orientation sessions shall be conducted for Advisory Board and
Committee appointees at the beginning of each term of Council. All
Members benefit from orientation. Further sessions may be
conducted for appointees during the term of Council, as required.
Electronic orientation handbooks will be distributed to all Members for
reference purposes.
5.4 Appointment Process for Advisory Board and Committee Members
5.4.1 Where a Provincial Statute prescribes the type of appointments to be
made by the Municipality to a given Advisory Board or Committee, the
Statute shall be complied with.
5.4.2 Where the Municipality makes appointments to Advisory Boards or
Committees of its own creation the vacancies for citizen appointments
shall be publicly advertised on the Municipality of Bayham website.
5.4.3 To apply to serve as a Member on a Municipality Advisory Board or
Committee, interested individuals shall be invited to apply and submit
an application, which is available on the Municipality of Bayham
website. These appointments enable local citizens from various
backgrounds to participate in local government and voluntarily give
their time and expertise to help formulate the direction of certain
programs.
5.4.4 All appointments to Advisory Boards or Committees shall be subject to
compliance with the Municipality Advisory Board and Committee
Policy, inclusive of all screening requirements.
5.4.5 The duration of Advisory Board or Committee appointments are the
same as the term of Council. While appointees may serve on more
than one Advisory Board or Committee, Council shall give the first
consideration to individuals who are not already appointed to another
Advisory Board or Committee.
5.5 Elections
5.5.1 The Chair, Vice-Chair and Secretariat shall be elected to a term as
agreed upon by the Advisory Board or Committee at the Inaugural
Meeting.
5.5.2 Election shall be by show of hands, with each member receiving one
vote.
5.5.3 The Council Member or staff are not eligible to serve as Chair or Vice
Chair.
5.6 Resignation and Dismissal Process
5.6.1 Advisory Board and Committee members wishing to resign their
appointment shall submit a letter of resignation which shall be
forwarded as soon as possible to the CAO|Clerk.
5.6.2 Council may, with or without the advice of the Advisory Board or
Committee, and with a supporting rationale, make changes to the
Advisory Board or Committee membership.
5.7 Attendance Management
5.7.1 After two consecutive absences by any Member at regularly scheduled
meetings, the following process shall be followed:
a)The Council Members shall informally contact the absent
Member to determine if they plan to attend the next regularly
scheduled meeting, noting any reasonable or compassionate
circumstances which would prohibit their attendance.
b)If no reasonable or compassionate response is given, the
Council Members shall inform the absent Member that if they
are absent from the next regular meeting (the third meeting),
the Advisory Board or Committee shall declare their seats
vacant and recommend to Council the removal of the Member.
c)If the Council Member is unable to reach the absent member or
if there was no reasonable or compassionate grounds for
absences given at the time of preparing the Agenda for the third
meeting:
i)The Secretariat shall include the item "Absentee
Member'' on the Agenda under the Matters of Business
heading.
ii)Upon consideration of the item, the Secretariat shall
briefly identify the requirements of the Advisory Board
and Committee Procedural By-law and the name of the
absent Member.
iii)The Advisory Board or Committee shall recommend to
Council the absent Member's seat be declared vacant.
d)Removal from Advisory Board or Committee Membership shall
be made by resolution of Council. Council may, by resolution,
based on evidence of absenteeism due to compassionate or
reasonable grounds waive the attendance requirements of the
Advisory Board and Committee Procedural By-law.
Section 6 - AGENDAS AND MINUTES
6.1 Advisory Board and Committee Agenda
6.1.1 The Secretariat shall cause to be prepared an electronic Agenda
under the following headings for the use of the Members at Meetings
of the Advisory Board or Committee:
Call to Order
Disclosures of Pecuniary Interest
Delegations
Adoption of Minutes
Matters of Business
Adjournment
6.1.2 The Agenda shall be emailed to each Member no later than two days
preceding the commencement of the Regular Advisory Board or
Committee Meeting in question.
6.1.3 The business of the Advisory Board or Committee shall be considered
in the order as it appears on the Agenda, unless otherwise decided by
a vote of the majority of the Members present and voting.
6.2 Meeting Minutes
6.2.1 Meeting structure, Agenda and Minute formats should meet the
individual needs of Advisory Boards and Committees, while ensuring
consistency, completeness and accountability. An Advisory Board or
Committee may choose to follow a more informal procedure and allow
for a consensus approach to discussion. It is recommended that the
following components be included in Agendas, where specific subject
items are described in each component and the use of the minute
template, as approved by the CAO|Clerk.
6.2.2 The Secretariat shall cause the Minutes to be taken of each Meeting of
the Advisory Board or Committee, whether it is closed to the public or
not. These minutes shall include:
a) the place, date and time of the Meeting;
b) the name of the Presiding Officer or Officers and the record of
attendance of the Members; should a Member enter after the
commencement of the Meeting or leave prior to adjournment,
the time shall be noted;
c) declarations of pecuniary interest;
d) the reading, if requested, correction and confirmation of the
minutes of prior Meetings; and
e) all resolutions, decisions and all other proceedings of the
Advisory Board or Committee, without note or comment.
6.2.3 The Minutes of each Advisory Board or Committee shall be presented
to the Members for confirmation at the next Regular Meeting.
Section 7 - ORDER OF PROCEEDINGS
7.1 Call to Order
7.1.1 As soon as a Quorum is present after the hour set for the holding of
the Meeting, the Chair shall call the Members present to order.
7.1.2 If the Chair does not attend a Meeting within fifteen (15) minutes after
the time set for the Meeting and a Quorum is present, the Vice Chair
shall preside over the Meeting and shall exercise all duties and
responsibilities of the Chair as outlined in this Procedural By-law until
the Chair is present at the Meeting and able to perform his
responsibility to assume the chair.
7.1.3 If the Vice Chair is also not present within fifteen (15) minutes after the
time set for the Meeting and a Quorum is present, the Secretariat shall
call the Meeting to order, and the Members present shall appoint a
Presiding Member who shall act as Chair of the Meeting until the
arrival of the Chair or Vice Chair, whoever is the first to arrive and is
able to assume the chair.
7.2 Disclosures of Pecuniary Interest
7.2.1 Where a Member, either on his own behalf or while acting for, by, with
or through another, has any pecuniary interest, direct or indirect, in
any matter and is present at a Meeting of the Advisory Board or
Committee at which the matter is the subject of consideration, the
Member shall:
a) prior to any consideration of the matter at the Meeting, disclose
the interest and the general nature thereof;
b) not take part in any discussion of or vote on any question with
respect to the matter; and
c) not attempt in any way before, during and after the meeting to
influence the voting on any such question.
7.2.2 Where the Meeting is not open to the public, in addition to complying
with the requirements of Section 7.2.1 of this Procedural By-law, the
Member shall immediately leave the Meeting or part of the Meeting
during which the matter is under consideration.
7.2.3 Where a Member is absent from a Meeting which includes a matter for
which the Member has a pecuniary interest, the Member shall disclose
this interest and otherwise comply at the first Meeting of the Advisory
Board or Committee attended by him after the particular Meeting.
7.3 Delegations
7.3.1 Delegations shall be permitted to speak on a matter only once within a
six (6) month period and shall be limited to speak for no more than ten
(10) minutes and be so advised in advance of their delegations. An
extension to speak may be decided, without debate, by a majority of
the Members present. Where a delegation consists of a group of three
or more persons, the group may address the Advisory Board or
Committee for no more than fifteen (15) minutes.
7.3.2 No Delegation shall:
a)speak disrespectfully of any person;
b)use improper language or unparliamentarily language;
c) speak on any subject other than the subject for which they have
received approval to address the Advisory Board or Committee;
or
d)disobey the rules of procedure or a decision of the Chair.
7.3.3 The Advisory Board or Committee may refuse to hear delegations
when, in the opinion of the Advisory Board or Committee, the subject
of the presentation is beyond the jurisdiction of the Advisory Board or
Committee.
7.4 Matters of Business
7.4.1 Any matters presented, considered, referred or tabled or any
delegations not otherwise disposed of through the consideration of
another Agenda heading, shall be disposed of during this portion of
the Meeting.
7.4.2 Items of business requiring the direction of the Advisory Board or
Committee or a formal resolution will appear under this heading in the
Agenda. These matters should generally pertain to information items
and can include correspondence and Members’ Reports.
7.4.3 All Matters of Business intended to be presented to the Advisory
Board or Committee shall be legibly written or printed, shall not contain
any impertinent or improper matter or language, shall identify the
author(s) by name and municipal address and shall be filed with the
Secretariat before it is presented to the Advisory Board or Committee
.
7.4.4 All matters to be considered under this heading of the Agenda shall be
received by the Secretariat no less than five (5) days prior to the
Advisory Board or Committee Meeting date.
7.5 Adjournment
7.5.1 See Section 9.1.14 of this Procedural By-law
Section 8 - RULES OF DEBATE AND CONDUCT
8.1 Duties and Conduct
8.1.1 Advisory Boards and Committees work on behalf of Council for the
citizens of the Municipality of Bayham. Advisory Boards and
Committees may consult with community stakeholders or engage in
activities that puts Members in direct contact with citizens and various
organizations. Members shall reflect a professional and courteous
manner when interacting with the public. Should a Member exhibit a
pattern of inappropriate conduct, the Advisory Board or Committee or
staff may request that Council rescind the Member's appointment.
8.1.2 No Member shall:
a) speak disrespectfully of the Reigning Sovereign, or of any
Member of the Royal Family, or of the Governor-General, the
Lieutenant-Governor of any Province, of any member of the
Senate, the House of Commons of Canada or the Legislative
Assembly of the Province of Ontario;
b) use offensive words or unparliamentarily language or speak
disrespectfully against the Advisory Board or Committee,
against any Member or against any officer or employee of the
Municipality of Bayham;
c) speak on any subject other than the subject being debated;
d) disobey the Rules of Procedure or a decision of the Chair,
whoever is in the chair for the Meeting or a portion of the
Meeting, on questions of Points of Order or procedure or upon
the interpretation of the Rules of Procedure except where the
ruling of the Chair is reversed by the Advisory Board or
Committee pursuant to subsection 8.6.2. If a Member persists
in any such disobedience after having been called to order, the
Chair shall forthwith order that Member to vacate the Place of
Meeting, but if the Member apologizes, he may, by majority
vote of the Members, be permitted to retake his seat;
e) speak in a manner that is discriminatory in nature based on an
individual’s race, ancestry, place of origin, ethnic origin,
citizenship, creed, gender, sexual orientation, age, colour,
marital status, family status or disability;
f) where a matter has been discussed in a closed Meeting, and
where the matter remains confidential, disclose the content of
the matter or the substance of the deliberations of the closed
Meeting to any person.
8.2 Address the Chair
8.2.1 Any Member desiring to speak shall signify a desire to speak in such
manner as the Chair may direct, and upon being recognized by the
Chair, shall address the Chair, only.
8.3 Order of Speaking
8.3.1 When two or more Members signify a desire to speak, the Chair shall
recognize the Member who, in the opinion of the Chair, so signified
first and next recognize in order the other Members.
8.4 Point of Privilege
8.4.1 Where a Member considers that his integrity or the integrity of the
Advisory Board or Committee as a whole has been impugned, the
Member may, on a Point of Privilege, rise with the consent of the Chair
for the purpose of drawing the attention of the Advisory Board or
Committee to the matter.
8.4.2 When a Member is permitted to raise such matter of privilege, it shall
take precedence over other matters, but the Member shall not be
permitted to enter into any argument or introduce any Motion related to
the Point of Privilege.
8.4.3 When a Point of Privilege is raised, it shall be considered and decided
by the Chair immediately and the decision of the Chair under this
section shall be final.
8.5 Point of Order
8.5.1 When a Member desires to call attention to a violation of the Rules of
Procedure, the Member shall ask leave of the Chair to raise a Point of
Order and, after leave is granted, shall succinctly state the Point of
Order to the Chair and the Chair shall then decide upon the Point of
Order and advise the Member of the decision.
8.6 Appeal of Ruling of Chair
8.6.1 With respect to a ruling on either a Point of Privilege or a Point of
Order, if the Member does not appeal immediately thereafter to the
Advisory Board or Committee the decision of the Chair shall be final.
8.6.2 If the Member wishes to appeal the decision of the Chair, he shall
appeal immediately to the Advisory Board or Committee otherwise the
decision of the Chair is final.
8.6.3 If the decision is appealed, the Chair will give concise reasons for his
ruling and will call a vote by the Advisory Board or Committee, without
debate on the following question: “Will the ruling be sustained?”, and
the decision of the Advisory Board or Committee is final. The Chair
may vote on this question. In the event of a tie of votes, the ruling of
the Chair shall be deemed to be sustained.
8.7 Members Speaking
8.7.1 When a Member is speaking, no other Member shall pass between the
Member and the Chair, or interrupt the Member except to raise a Point
of Order.
Section 9 - MOTIONS
Reading
9.1.1 All motions must be introduced by a mover before the Chair may put
the question or motion on the floor for consideration.
Withdrawn
9.1.2 After a motion is properly moved, it shall be deemed to be in
possession of the Advisory Board or Committee, but may be
withdrawn by the mover at any time before decision or amendment.
No debate until properly moved and seconded
9.1.3 No Member shall speak to any motion until it is properly moved, and
the mover is entitled to speak first if the Member so elects.
Motion ruled out of order
9.1.4 Whenever the Chair is of the opinion that a motion is contrary to these
Rules of Procedure, the Chair shall rule the motion out of order.
Not within jurisdiction of Council
9.1.5 A Motion in respect of a matter which requires the exercise of a
legislative power by the Advisory Board or Committee which is not
within its jurisdiction shall not be in order at a Meeting the Advisory
Board or Committee.
Motion to Amend
9.1.6 A motion to amend:
a) shall be presented in writing if requested by the Chair;
b) shall relate to the subject matter of the main motion;
c) shall not be received proposing a direct negative to the
question; and
d) shall be put to a vote in reverse order to the order in which the
amendments are made.
9.1.7 Only one motion to amend an amendment to the original motion shall
be allowed and any further amendment must be to the original motion.
Motion to table
9.1.8 A motion simply to table is not debatable except where instructions are
included, in which case, only the instructions shall be debatable. Such
motion cannot be amended.
9.1.9 The matter tabled shall not be considered again by the Advisory Board
or Committee until a motion has been made to lift from the table the
tabled matter at the same or subsequent Meeting.
9.1.10 A motion to lift a tabled matter from the table is not subject to debate
or amendment.
Reconsideration
9.1.11 A resolution or any question or matter which has been adopted
previously by the Advisory Board or Committee may be reconsidered
by the Advisory Board or Committee subject to the following:
a) a majority of the Advisory Board or Committee agree to such
reconsideration by Resolution. Only a Member who voted
thereon with the majority may make a Motion to Reconsider;
b) such motion must be supported by two-thirds (2/3) of the
Members present and voting in favour of such reconsideration
before the matter is re-opened for debate;
c) debate on a motion to reconsider must be confined to reasons
for or against the subject of the reconsideration;
d) if a Motion to Reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless
the motion calls for a future date, and debate on the question to
be reconsidered may proceed as though it previously had never
been voted on; and
e) a vote to reconsider a particular matter or decision will not be
considered more than once during the term of the Advisory
Board or Committee.
Motion to recess
9.1.12 A motion to recess shall provide for the Advisory Board or Committee
to take a short intermission within a Meeting which shall neither end
the Meeting nor destroy its continuity and after which, proceedings
shall immediately resume at the point where they were when
interrupted.
9.1.13 A motion to recess is not debatable, but it is amendable as to the
length of the recess and is not in order when another motion is on the
floor.
Motion to Adjourn
9.1.14 A motion to adjourn is not debateable or amendable and shall always
be in order except:
a) when another Member is in possession of the floor;
b) when a vote has been called;
c) when the Members are voting; or
d) when a Member has indicated to the Chair his desire to speak
on the matter before the Advisory Board or Committee.
9.1.15 A motion to adjourn, if carried, without qualification, will bring a
Meeting or session of the Advisory Board or Committee to an end.
9.1.16 A motion to proceed beyond the hour of 11:00 p.m.:
a)shall not be amended or debated;
b)shall always be in order except when a Member is speaking or
the Members are voting; and
c) shall require the support of two-thirds (2/3) of the Members
present and voting.
Section 10 - VOTING ON MOTIONS
Unrecorded Vote
10.1 A simple majority vote of the Members present shall be followed.
Recorded votes shall not be permitted.
10.2 The manner of determining the decision of the Advisory Board or
Committee on a motion shall be at the direction of the Chair and may
be by voice, show of hands, standing, or otherwise.
10.3 Every Member present at the Meeting, when the question is put, shall
vote thereon unless disqualified under the Municipal Conflict of
Interest Act to vote on the question.
10.4 Except where the Member is disqualified under the Municipal Conflict
of Interest Act from voting, if a Member does not vote when a question
is put, that Member shall be deemed to have voted in the negative.
10.5 A Member not in his seat when the question is called by the Chair is
not entitled to vote on that question.
10.6 Each Member has only one vote.
10.7 The Chair shall announce the result of every vote.
Section 11 - CONDUCT OF THE AUDIENCE
11.1 Members of the public who constitute the audience in the Advisory
Board or Committee Place of Meeting, during a Meeting, shall respect
the decorum of Advisory Boards and Committees, maintain order and
quiet and may not:
a)address the Advisory Board or Committee without permission;
b)interrupt any speaker or action of the Members or any person
addressing the Advisory Board or Committee;
c) speak out;
d) applaud;
e)behave in a disorderly manner; or
f)make any noise or sound that proves disruptive to the conduct
of the Meeting.
11.2 Placards, signs, posters, etc. or any advertising devices shall not be
permitted in the Place of Meeting.
11.3 The Chair may request that a Member or Members of the public
vacate the Place of Meeting if his behaviour is deemed to be disruptive
to the business at hand.
Section 12 - ADMINISTRATION
12.1 Unless the context otherwise requires, in this Procedural By-law the
words used in the male gender shall include the female gender and
the singular includes the plural, and vice-versa, as the context
requires.
12.2 This By-law shall be administered by the CAO|Clerk.
12.3 This By-law shall come into full force and effect on the 21 day of
December, 2017.
12.4 The short title of this By-law is the “Advisory Board or Committee
Procedural By-law”
READ A FIRST, SECOND and THIRD time and finally passed on the 21 day of
December, 2017.
Municipality of Bayham Advisory Board and Committee Profile
Municipality of Bayham Joint Cemeteries Board
Statutory - Discretionary Statutory
Funeral, Burial and Cremation Services Act, 2002
Municipal of Bayham Cemeteries Regulatory By-law
Acronym BJCB
Mandate To co-ordinate and support the efforts in pursuing consistency among the
Bayham Cemetery Boards, and ensuring compliance with the requirements of the
Funeral, Burial, Cremation Services Act, 2002 (FBCSA) and Regulations, as
amended from time to time. Sub-Committees forming Individual Boards shall be
established to be responsible for the maintenance and operation of each of the
following cemeteries in the Municipality of Bayham and be known as:
The Straffordville Cemetery Board The Smuck Cemetery Board
The Eden Cemetery Board The Calton Cemetery Board
The Guysboro Cemetery Board The Dobbie Cemetery Board
The Best Cemetery Board The Bayham West Cemetery Board
The Sub-Committee Boards may initiate and undertake other projects, in regard
to cemeteries without any individual Board structure, either individually or jointly.
Other Municipal Cemeteries acknowledged as having no individual board
structure at this time include:
Light Edison Claus Stanton
Firby Old Eden Old Richmond (Godwin)
Otter Valley Estherville (also know as Otter Valley Baptist & Old Port Burwell)
Amerman Abandoned Hemlock Creek Hutchison
Composition Nine (9) members of the public
Council Representation One (1) Member of Council – no voting privileges
Staff Representation One (1) Staff person – no voting privileges
Base Municipality of
Bayham Health and Safety
Profile
Corporate Health and Safety Policy
Date Profile Approved July 16, 2015
Municipality of Bayham Advisory Board and Committee Profile
Municipality of Bayham Harbourfront Advisory Committee
Statutory - Discretionary Discretionary
Acronym HFC
Mandate The Harbour Front Committee (HFC) will provide advisory support to Council in
regard to the promotion, improvement and development of the Bayham
harbourfront area and related infrastructure.
The Committee will work towards the creation of a vibrant harbourfront area to
promote a strong economic base with enhanced tourism and inclusion of natural
and heritage resources, within the financial realities of the Municipality of
Bayham. The Committee will provide advisory recommendations to Council for
the promotion, improvement and development of the harbour area with the goal
to contribute to employment opportunities, community renewal, beautification and
recreational opportunities.
The Committee will work closely with other related groups and agencies including
but not limited to the County of Elgin Economic Development Department, Port
Burwell Provincial Park and Otter Valley Naturalists.
Composition Nine (9) members of the public
Council Representation One (1) Member of Council – full voting privileges
Staff Representation One (1) Staff person – no voting privileges
Base Municipality of
Bayham Health and Safety
Profile
Corporate Health and Safety Policy
Date Profile Approved July 16, 2015
Municipality of Bayham Advisory Board and Committee Profile
Municipality of Bayham Museums Bayham Board
Statutory - Discretionary Discretionary (By-law No. 2006-082, Collections & Records Management Policy,
By-law No. 2006-083, Education Policy, By-law No. 2007-018, Staff Training
Policy)
Acronym MB
Mandate Museums Bayham exists to educate the citizens of Bayham and the community
beyond about the history of the Bayham area, subject to budgetary requirements
and limits as approved by the Council of the Municipality of Bayham, following the
procedures and policies approved by Bayham Council. This includes Port Burwell
and its lighthouse in relation to the local and marine heritage of the Great Lakes,
and also Vienna's Canadian connection to the Thomas Alva Edison family
heritage, fostering an appreciation for the relationship of Bayham's past to its
present and future development. To this end, Museums Bayham collects,
records, preserves, researches, shares, promotes and presents exhibits and
interprets documents and artifacts related to the history of Bayham, in
accordance with the financial realities of the Corporation of the Municipality of
Bayham.
The premises known municipally as 20 Pitt Street and 17 Robinson Street and
known as the Port Burwell Marine Museum and Lighthouse, respectively, shall
continue to be maintained and identified as the Port Burwell Marine Museum and
Lighthouse. The Marine Museum and Lighthouse have been established to serve
the inhabitants of Port Burwell and the Bayham area, with a strong appeal to
tourists visiting the region. The museum collection will focus on marine
documentation and artifacts that illustrate the relationships between marine life on
the Great Lakes together with domestic and commercial life of the Village as a
port on Lake Erie.
The premises known municipally as 14 Snow Street, and known as the Edison
Museum of Vienna shall continue to be maintained and identified as the Edison
Museum of Vienna. The Edison Museum has been established to promote
recognition of the extent and impact of Thomas Alva Edison, the inventor, on the
local area, and worldwide, by his many inventions and family artifacts on display,
and promote and preserve the historical artifacts and records of the Bayham area
and its inhabitants.
Service and Operation Programming
The Board with assistance of Staff will be responsible for the preparation and
review of policies and procedures for service, operation, programming, and long-
term planning goals for the museums.
Artifacts
Ownership of any and all donated items lies with the Municipality of Bayham, who
will provide adequate insurance coverage including on-loan items, subject to
consideration of Council considering recommendations of the Board. Acquisition,
disposal, and records of documents, objects and artifacts will be governed by the
Museums' collection development and management policy as adopted by the
Council of the Municipality upon recommendation of the Board. Ownership by
the Municipality of Bayham may be assigned to its successors, administrators
and assigns absolutely. Displays and exhibits will be approved by the Board.
Finance and Budgeting
The Board in communication with the appropriate staff, will prepare, review and
submit annual operating budget requirements, including long-term capital
projects, to the municipal administration, for Council's consideration and approval
annually as required. The Board will monitor the budgets throughout the year.
Reserves/Reserve Funds may be established as approved by Council through
the budget process. Bequests and financial donations will be accounted for
through Municipal administration.
Purchasing
Purchasing is to be coordinated through staff in accordance with the Municipal
Procurement By-law. Any such purchases must be within the Budgets
established and approved by Council, and must be approved by the Board. A
Petty Cash Fund(s) may be permitted at the discretion of the Board. Such petty
cash fund will be administered by staff.
Human Resources
The Museums and staff shall be governed by Council through the CAO|Clerk in
accordance with municipal policies and procedures. The Board will provide
general direction of staff at the museums, assisted by municipal staff as
appropriate, within the guidelines of the annual budget and personnel policy, as
approved by Council.
Special Events and Exhibits
The Board, with assistance of museum staff and volunteers, may undertake
special events, displays, and exhibits at its discretion, within the guidelines of the
annual operating budget as approved by Council.
Fundraising and Donations
The Board, with assistance of museum staff and volunteers, will undertake and
promote fundraising and donation programs to the best of its ability. Such
programs may be for general operating assistance or special programs/capital
projects (approved by Council). All accounts shall be accounted for through
Municipal administration.
Facility Management
The Board will provide input/information to municipal administration for the
Capital and Operating needs of Museum facilities. Such needs shall be
considered in the preparation of budgets presented to Municipal Council.
Composition Eleven (11) members, including six (6) community members, one (1) member
from the Port Burwell Historical Society, one (1) member from the Bayham
Historical Society, one (1) expert representative from a professional heritage
facility (active or retired), if possible.
Council will endeavor to provide membership from the Bayham community that
will support the mandate and success of both museum facilities.
Council Representation One (1) Member of Council – no voting privileges
Staff Representation One (1) Staff person – no voting privileges
Base Municipality of
Bayham Health and Safety
Profile
Corporate Health and Safety Policy
Date Profile Approved July 16, 2015
Corporation of the Municipality of Bayham
Advisory Board & Committee Member Application Form
I am interested in participating as a volunteer on the following boards and/or committee(s):
Explain why you would like to serve on each board or committee identified above,
including any skills or experience which would be of value to the committee or board:
Do you have any experience volunteering? YES NO
if Yes, in what capacity:
We want to ensure persons with disabilities are able to participate on municipal committees.
If you have a disability, what accommodations, if any, would you need to carry out this position?
Please provide any additional information which may be of assistance in the selection process.
Applicants Signature: Date:
Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility
Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-
5521 or at accessibility@bayham.on.ca.
NOTE: Personal information on this form is collected under the authority of the Municipal Freedom of Information
and Protection of Privacy Act c.M56 s.29(2) and will be used to appoint citizen members to municipal boards, or
committees. Information on this form will be disclosed to the public for candidate selection purposes. Questions
about this collection should be directed to the Municipal Clerk at the address indicated at the top of the application.
Corporation of the Municipality of Bayham
Advisory Board and Committee Member Confidentiality Statement
The Municipality of Bayham and its Boards, Committees, Volunteers and Employees
adhere to the requirements of the Municipal Freedom of Information and Protection of
Privacy Act,
I, , am an Advisory Board or Committee Member serving as a
volunteer citizen member of the Corporation of the Municipality of Bayham.
I HEREBY ACKNOWLEDGE AND UNDERSTAND THE FOLLOWING:
THAT the Municipal Freedom of Information and Protection of Privacy Act provides that all
persons appointed or chosen under the authority of a municipal council are governed by
the said Act and includes citizen members of boards, committees and volunteers
appointed by Council from time to time;
THAT the Municipal Freedom of Information and Protection of Privacy Act, Section 48,
provides for penalties for contravention of the said Act;
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT in the course of carrying out
my volunteer role, I may have access to and may be dealing with records containing
confidential information and/or personal information which reveals the identity of the
person who is the subject of the record or identify a person who has provided information
about the subject of the record;
I HEREBY AGREE to hold such information confidential and, except as may be legally
required, will not disclose or release it to any person at any time without proper consent or
authorization;
I FURTHER AGREE to take appropriate security measures to prevent unauthorized
access to confidential information.
DATED at the Municipality of Bayham this day of , 20 .
Signature: Witness:
Municipality of Bayham documents are available in alternate formats upon request. Please fill out the
Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility
Coordinator at 519-866-5521 ext. 209 or at accessibility@bayham.on.ca.
Accessibility Standards Training for Volunteers
The Municipality of Bayham is committed to creating and maintaining an accessible and inclusive community for all
residents. To do this, we must recognize and acknowledge the diverse needs of our residents, including the needs of
people with disabilities.
On July 1, 2011, the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) under the Accessibility for
Ontarians with Disabilities Act, 2005, was enacted into law.
Each regulation requires the Municipality to train all of its employees, volunteers, and third party contractors on the
Regulation and the Ontario Human Rights Code, as it relates to people with disabilities.
Ontario Human Rights Code
Under the Ontario Human Rights Code, the Municipality has a legal obligation to accommodate any person with a
disability, regardless of whether they are an employee, volunteer or resident. It is important to provide accessible
formats, communication supports or workplace accommodations in a timely and efficient manner upon request.
Accessible Customer Service
Service Animals
Service animals are allowed in all parts of municipally owned or operated facilities in areas that are open to the public. If
an animal is excluded by law, the Municipality is not required to allow the animal entrance into its facilities.
A service animal is categorized by the following:
(a) the animal can be readily identified as one that is being used by the person for reasons relating to the
person’s disability, as a result of visual indicators such as the vest or harness worn by the animal; or
(b) the person provides documentation from one of the following regulated health professionals confirming
that the person requires the animal for reasons relating to the disability:
(i) A member of the College of Audiologists and Speech-Language Pathologists of Ontario.
(ii) A member of the College of Chiropractors of Ontario.
(iii) A member of the College of Nurses of Ontario.
(iv) A member of the College of Occupational Therapists of Ontario.
(v) A member of the College of Optometrists of Ontario.
(vi) A member of the College of Physicians and Surgeons of Ontario.
(vii) A member of the College of Physiotherapists of Ontario.
(viii) A member of the College of Psychologists of Ontario.
(ix) A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of
Ontario.
Support Persons
The Municipality welcomes individuals to be accompanied by a support person to Municipal programs and services. The
Municipality will waive admission fees for the support person, where applicable. The individual needs to make this
known to Municipal staff or volunteers; otherwise admission fee will be charged.
Service Disruption
If a Municipal service is temporarily disrupted, it is the Municipality’s responsibility to provide notice to the public.
Notice of disruption must include the following information: the reason for the disruption, how long it is expected to be
unavailable and if there is a way to provide an alternative service. This information should be posted in a conspicuous
area within the facility and on the Municipality’s website.
General Requirements
Establishment of Policies, Procedures and Best Practices
Municipal Council approved the Corporate Accessibility Policy. The policy provides direction and guidance to staff on
how the Municipality will comply with the standards and the various requirements.
Accessibility Plans
The Municipality’s multi-year accessibility plan provides a high-level overview of the actions staff will undertake to meet
all of the Municipality’s compliance obligations. It can also be found on the Municipality’s website.
Procuring or Acquiring Accessible Goods, Services or Facilities
To ensure that the Municipality is receiving accessible goods and services from third-party contractors, accessibility
criteria has been incorporated into the general terms and conditions that accompany any RFP, bid or tender published
by the Municipality.
Training
In order to train all volunteers on the Accessible Customer Service Standard, Integrated Accessibility Standard
Regulation and the Ontario Human Rights Code this brochure has been developed.
Information and Communications
Feedback
Receiving feedback on the accessibility of the Municipality’s goods, services and facilities is an effective way to ensure
we are meeting the needs of the Municipality’s residents with disabilities. Residents can submit their feedback in
person, by phone, by email or in writing. The Accessibility feedback form can be found on the Municipality’s website.
Accessible Formats
The Municipality is only required to provide any of its documents in an accessible format upon request. Accessible
formats can be produced by contacting the Municipality’s Accessibility Coordinator. An accessible format could include
large print, Braille, audio, plain language, or an electronic format such as PDF or formatted Word document.
Communication Supports
An American Sign Language Interpreter is an example of a communication support. Upon receiving a request, the
Municipality is obligated to provide communication supports for any of its programs, events or services. The
Municipality’s Accessibility Coordinator can arrange for a communication support, if requested.
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Please fill out the information below and return it to the Municipality.
Name: _____________________________________
Board or Committee : ________________________________
Date: ______________________________________
Signature: __________________________________
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: December 21, 2017
REPORT: CAO-85/17
SUBJECT: MUNICIPALITY OF BAYHAM PERSONNEL POLICY MANUAL
BACKGROUND:
On July 20, 2017 the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
THAT Report CAO-46/17 re Bill 68, Modernizing Ontario’s Municipal Legislation
Act be received for information;
THAT staff be directed to bring forward amended policies for Council consideration
to proactively comply with the provisions of Bill 68 Modernizing Ontario’s Municipal
Legislation Act;
AND THAT staff be directed to request Elgin County to coordinate a meeting of all
Elgin County CAO’s to develop a process, for Council consideration, to appoint a
joint Closed Meeting Investigator and Integrity Commissioner pursuant to Bill 68
requirements for all Elgin County Municipalities.
On November 27, 2017, Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal
Assent. Bill 148 makes significant amendments to Ontario’s Employment Standards Act, 2000
(the ESA), Labour Relations Act, 1995 (the LRA), and Occupational Health and Safety Act
(OHSA). Certain amendments under Bill 148 come into force effective immediately, with other
amendments coming into force on December 3, 2017, January 1, 2018, and throughout 2018
and 2019.
DISCUSSION
In July 2015, following the completion of the Municipal Organization Review a comprehensive
Municipality of Bayham Personnel Policy Manual was drafted and implemented by Ward &
Uptigrove on the direction of Council. All existing employees received and reviewed the
Municipality of Bayham Personnel Policy Manual and were required to sign the
acknowledgement form within the same at that time.
As a result of Bill 68, Modernizing Ontario’s Municipal Legislation Act and Bill 148, the Fair
Workplaces, Better Jobs Act, 2017 the following alterations have been made to the Municipality
of Bayham Personnel Policy Manual:
1) Gifts & Gratuities – Page 22 (Section 2)
a. The existing provisions were modified to match the provisions of the new Council
Code of Conduct with disclosure and enforcement through the Progressive
Discipline Policy
2) Use of Municipal Vehicles & Equipment – Page 35 (Section 2)
a. The existing provisions were modified from requiring operators of municipal
vehicles to be ‘free from alcohol or any illegal drugs’ to be ‘free of any influence
of any substance, including alcohol, marihuana and any illegal drugs which may
cause impairment’
b. This wording change has been implemented in advance of the Federal and
Provincial legalization of marihuana.
3) Council Staff Relations – Page 38 (Section 2)
a. The previously applicable sections from the previous Code of Conduct have been
inserted into the Municipality of Bayham Personnel Policy Manual.
4) Conduct Investigations – Page 38 (Section 2)
a. The previously applicable sections from the previous Code of Conduct have been
inserted into the Municipality of Bayham Personnel Policy Manual with
enforcement through the Progressive Discipline Policy
5) Statutory Leaves of Absence – Page 60 (Section 4)
a. Notation of the following statutory leaves of absence has been added to the
Policy Manual as a result of Bill 148, the Fair Workplaces, Better Jobs Act, 2017:
i. Domestic or Sexual Violence Leave
ii. Crime Related Death Leave
iii. Child Disappearance Leave
For Council purposes the Section 259 of the Municipal Act previously outlined that a Member of
Council’s seat is declared vacant if the Member is absent from the meetings of Council for three
successive months without being authorized to do so by a resolution of Council. Bill 68,
Modernizing Ontario’s Municipal Legislation Act outlines that the above noted provision does not
apply to vacate the office of a Member of Council who is absent for 20 consecutive weeks or
less if the absence is a result of the member’s pregnancy, the birth of the member’s child or the
adoption of a child by the member.
RECOMMENDATION
1. THAT Report CAO-85/17 re Municipality of Bayham Personnel Policy Manual be
received for information;
2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
bring forward a Municipality of Bayham Personnel Policy Manual by-law for Council
consideration.
Respectfully Submitted by:
Paul Shipway
CAO|Clerk
MUNICIPALITY OF
BAYHAM
PERSONNEL POLICY
MANUAL
TABLE OF CONTENTS
SECTION ONE: INTRODUCTION
ABOUT THIS HANDBOOK .................................................................................................................................................................. 4
ACKNOWLEDGEMENT FORM ............................................................................................................................................................ 5
SECTION TWO: EMPLOYEE CONDUCT AND GUIDELINES
EQUAL OPPORTUNITY EMPLOYER .................................................................................................................................................... 9
RECRUITMENT AND SELECTION ........................................................................................................................................................ 9
EMPLOYMENT AGREEMENTS ......................................................................................................................................................... 10
PROBATIONARY PERIOD ................................................................................................................................................................. 11
EMPLOYEE CLASSIFICATIONS .......................................................................................................................................................... 13
PERFORMANCE EVALUATIONS ....................................................................................................................................................... 13
CONFIDENTALITY ................................................................................................................................ .
PRIVACY, PERSONAL INFORMATION AND PERSONAL RECORDS .................................................................................................... 15
CONFLICT OF INTEREST ................................................................................................................................................................... 16
PARTICIPATION ON COMMITTEES .................................................................................................................................................. 18
PROGRESSIVE AND CORRECTIVE DISCIPLINE .................................................................................................................................. 19
CONFLICT/PROBLEM RESOLUTION ................................................................................................................................................. 20
GIFTS, GRATUITIES AND MONETARY BENEFITS .............................................................................................................................. 22
DISCRIMINATION AND HARASSMENT IN THE WORKPLACE ............................................................................................................ 23
VIOLENCE IN THE WORKPLACE ....................................................................................................................................................... 27
TECHNOLOGY AND CORPORATE PROPERTY ................................................................................................................................... 33
USE OF MUNICIPAL VEHICLES AND EQUIPMENT ............................................................................................................................ 35
LAYOFF ............................................................................................................................................................................................ 36
TERMINATION ................................................................................................................................................................................. 36
EMPLOYMENT VERIFICATION ......................................................................................................................................................... 38
COUNCIL STAFF RELATIONS ............................................................................................................................................................ 38
CONDUCT INVESTIGATIONS ............................................................................................................................................................ 38
SECTION THREE: PAY ADMINISTRATION AND BENEFITS
COMPENSATION PHILOSOPHY ........................................................................................................................................................ 41
COMPENSATION CLASSIFICATIONS.....................................................................................................
JOB EVALUATION SYSTEM .............................................................................................................................................................. 44
ACTING PAY .................................................................................................................................................................................... 45
PAY ADMINISTRATION .................................................................................................................................................................... 46
BENEFITS ......................................................................................................................................................................................... 47
PROFESSIONAL DEVELOPMENT & CONTINUING EDUCATION ........................................................................................................ 48
LONG-TERM SERVICE AWARDS ....................................................................................................................................................... 49
SECTION FOUR: HOURS OF WORK, ATTENDANCE AND LEAVES
1
HOURS OF WORK ............................................................................................................................................................................ 52
OVERTIME ....................................................................................................................................................................................... 53
CALL IN PAY .........................................................................................................................................
PAID PUBLIC HOLIDAYS ................................................................................................................................................................... 54
VACATION ....................................................................................................................................................................................... 55
BEREAVEMENT LEAVE ..................................................................................................................................................................... 56
JURY/COURT DUTY.......................................................................................................................................................................... 57
VOTING LEAVE ................................................................................................................................................................................ 57
INCLEMENT WEATHER DAYS........................................................................................................................................................... 58
SICK LEAVE ...................................................................................................................................................................................... 58
STATUTORY LEAVES OF ABSENCES ................................................................................................................................................. 60
DRESS CODE……………………………………………………………………………………………………………………………………………………………………………….52
2
SECTION ONE:
INTRODUCTION
3
4
ABOUT THIS HANDBOOK
The Municipality of Bayham is referred to as the Municipality throughout this handbook. All the
policies in this employee policy handbook apply to all employees of Bayham (including part-
time, seasonal, students, etc.), unless specifically excluded in the scope section of a policy. For
union employees this policy manual applies except where the collective agreement overrides.
The Municipality, through the CAO|Clerk reserves the right to add, delete, or amend policies at
any time due to legal or operational requirements. The CAO|Clerk will provide a summary of
changes annually to Council in a year in which changes occur.
If there is a conflict between a policy and an applicable government statute, the statute prevails.
This handbook does not constitute an employment agreement, nor does it confer any special
rights or guarantee of continued employment.
This handbook attempts to address all significant operational issues of the Municipality. There
may be personnel issues that arise from time to time which are not covered in this handbook. If
you have an issue not addressed in this handbook, please talk to your supervisor or the
CAO|Clerk.
The Municipality has taken great care in preparing this handbook but realizes that errors and
omissions do occur. If you find any spelling, grammatical or other mistakes, please report these
to the CAO|Clerk.
All employees are required to be aware of and comply with applicable policies contained in this
handbook
Failure to comply with policies in this Policy Manual could result in disciplinary action, as
outlined in the Progressive and Corrective Discipline Policy.
If you are unsure of the application of any policy in this handbook, please contact the CAO|Clerk
for clarification.
All employees will be given access to a copy of this handbook when presented with an offer of
employment, before starting. All employees are required to sign the acknowledgement form at
the beginning of this manual before starting.
It is the practice of the Municipality to ask all employees to sign an acknowledgement each year
in which changes occur.
5
ACKNOWLEDGEMENT FORM
I have received my copy of the Municipality of Bayham Policy Manual and I have read and
understood the information. Management has answered questions to my satisfaction. I
understand that, while an employee of Bayham, I am bound to abide by all policies and
procedures set forth in this manual.
I understand that failure to comply with the policies and procedures set out in this manual may
lead to disciplinary action.
I also understand that the information in this manual is subject to change as situations warrant.
Changes may supersede, revise or eliminate one or more of the policies in this manual. These
changes will be communicated through official notices. I accept responsibility for keeping
informed of these changes.
It is the policy of the Municipality of Bayham to have all employees sign this acknowledgement
annually as a reminder of all Municipality of Bayham policies and procedures.
Please sign and provide a copy to your Supervisor, and retain a copy for your own records.
__________________ _________________ _______________
Name (please print) Signature Date
6
7
SECTION TWO:
EMPLOYEE CONDUCT
AND GUIDELINES
8
9
EQUAL OPPORTUNITY EMPLOYER
1.The Municipality’s objective is to provide equal employment opportunities without
discrimination. The Municipality is committed to hiring, training and developing the best
qualified individuals in order to provide the municipality with the best possible services.
RESPECT IN THE WORKPLACE
2.The Municipality is committed to providing an environment that demonstrates and
encourages a fundamental respect for individuals, their rights and their dignity.
DISCRIMINATION
3.The Municipality makes decisions based on employees, free of discrimination and based
on individual skills, initiative and capability, regardless of race, ancestry, place of origin,
colour, national or ethnic origin, citizenship, religious beliefs, non-job related disability,
age, gender, sexual orientation, marital status, family status, receipt of public assistance
or record of offences. The Municipality strives to comply with the Ontario Human Rights
Code.
RECRUITMENT AND SELECTION
1.The Municipality is committed to recruiting and selecting individuals who are the most
qualified to perform the requirements of each position available. Candidates for job
vacancies may be from existing staff or from outside sources. Where qualifications are
deemed equivalent, preference will be given to internal candidates.
2.No verbal or written offers of employment, or commitments, are to be made to any job
candidate until all appropriate approvals have been obtained and the following process
fully completed.
3.The Municipality will follow the following process to fill open positions:
Approval of hire by council
Update job description
Review and finalize pay and benefits for vacant position
Determine best recruitment channels and implement
Screen applications, using phone screening, e-mail questions and other screening
methods as appropriate.
Conduct first interview
Conduct second interview, if required
10
Prove credentials, as appropriate
Prove eligibility for employment
Perform employment testing as appropriate
Perform background checks including: criminal record, driving record, credit check
(as appropriate for position). The candidate must agree in writing to all background
checks.
Perform reference checks on at least 3 business references. Reference checks
will be carried out in a fair and consistent manner. All references contacted must
be approved by the candidate.
Present the successful candidate with a written offer of employment, which outlines
all the terms and conditions of employment of the job.
Get offer signed before start date.
Proof of Eligibility for Employment
4.In compliance with federal legislation, new employees, if requested, and as a condition
of employment, must present documentation establishing their identity and their eligibility
to legally work in Canada. A valid Social Insurance Number, landed immigrant papers,
employment visa, or temporary work permit is deemed sufficient for this purpose.
Failure to prove eligibility for employment in Canada constitutes just cause for immediate
dismissal, without notice of compensation, in lieu of notice.
Employment Applications
5.Any misrepresentations, falsifications, or material omissions in any data requested
during the hiring documentation process, shall result in the exclusion of the individual
from further consideration for employment or, if the person has been hired, termination
of employment for cause, without notice or compensation in lieu of notice.
EMPLOYMENT AGREEMENTS
1.All employees of the Municipality will be provided an employment agreement to be signed,
upon hire, when they are transferred or promoted. The employment agreement sets out
all the terms and conditions of employment.
2.All offers of employment must be signed before starting, will typically include the following
in writing, as applicable:
Position title
Employment classification
Working location
Job duties (attach job description)
11
Reports to
Start date
Normal hours of work
Probationary period
Eligibility to work in Canada
Starting pay step
Starting pay
Payroll deductions
Eligibility for overtime
Eligibility for benefits
Vacation
Requirement for driver’s license
Right to layoff
Policy manual acknowledgement. Employees are required to sign an
acknowledgement of receipt and compliance before starting. Any questions will
be answered before starting.
Right to use discipline and suspension without pay
Termination of employment
3.Reference individual policies for more details.
4.There may be a need for additional terms of employment, depending on the position.
PROBATIONARY PERIOD
1.All newly hired employees are subject to a probationary period beginning from their date
of hiring with the Municipality, to assess their suitability to become a permanent
employee.
2.The purpose of probationary employment is to determine employee’s skill in performing
his/her duties and ability to adjust to the working environment. It is intended to assist the
employees to identify strengths and gaps in his/her job performance and to develop
corrective strategies if necessary.
3.The probationary period will normally be three (3) months of active employment.
Probationary periods for department heads are six (6) months. The probationary period
may be reduced or extended to a maximum of one (1) year, at the discretion of the
CAO/Clerk. Active employment is defined to exclude any leaves.
12
4.Prior to completion of the probationary period, the supervisor will meet with the
employee to review the employee’s performance and recommends to the CAO/Clerk
whether to make employment permanent or not.
5.The Municipality or employee may end the employment relationship without notice, for
any reason during the probationary period, unless the employment agreement or statute
specifies otherwise. If the Municipality ends employment, it will pay the payment in lieu
of notice as required by statute.
13
EMPLOYEE CLASSIFICATIONS
1. All employees of the Municipality will be classified into the following classifications. The
employee’s classification will be set out in their employment agreement. If an employee
is uncertain about their employment classification, please contact their immediate
Supervisor or CAO/Clerk.
2. Payroll:
Hourly
Salary
3. Employment:
Permanent full-time is an employee whose regular scheduled work week is at
least twenty-four (24) hours per week.
Permanent part-time is an employee whose regular scheduled work week is less
than twenty-four (24) hours per week.
Seasonal is an employee hired for a particular season with definite start and end
dates.
Casual is an employee that is called in on an as needed basis.
Student is an employee who is currently enrolled in a recognized educational
institution. A student may work on a part-time or seasonal basis.
Contract is an employee who is hired for a specific project for a specified length
of time.
On leave (inactive) is an employee who is still in the employment of Municipality,
may be receiving benefits but is not working and not being paid.
Probation is an employee who has not completed their probationary period.
PERFORMANCE EVALUATIONS
1. The Municipality is committed to providing full and part time employees with feedback
and development opportunities on job performance goals and objectives.
2. The employee’s manager will evaluate the employee’s job performance prior to
completion of the probationary period and annually thereafter in the designated month.
3. The purpose of the Performance Evaluations is to:
Establish whether a probationary employee meets the performance standards
required to successfully complete his/her probation;
14
Focus maximum attention on the achievement of the employees assigned duties
as listed in their job description;
Create a tool that enables the employees manager to accurately assess the
employees strengths and weaknesses and relate these assessments to current
and future needs;
Challenge the employee to continually improve their performance and personal
effectiveness;
Involve the employee in planning and implementation of their job related goals
and objectives; and,
Objectively relate placement on the approved salary grid to performance.
4. Performance evaluations are retained in the employee file and available upon request.
CONFIDENTIALITY
1. The Municipality operates as a municipal government in Elgin County. Employees may
have access to or become familiar with confidential Municipal information, by reason of
their employment with the Municipality.
2. Confidential information may include, but is not limited to: compensation data, personal
employee information, taxpayer and user accounts, collection rolls, contracts, drawings,
sources of supply, pricing, financial information, land purchases and sale, etc. If an
employee is uncertain as to what information is confidential and what is not, the
employee will discuss with their manager or CAO/Clerk.
3. All employees of the municipality, as a condition of employment, will ensure that
municipal information pertaining to clients, employees or other municipal business that
may be acquired in connection to their employment with the municipality is held in strict
confidence, during and subsequent to the employee’s employment with the municipality.
4. All municipal employees must sign a Confidentiality Agreement as a condition of initial
and continuing employment to ensure the security and protection confidentiality of
municipal records and information.
5. Employees may share confidential information with each other, if entitled to, only in a
private area of the workplace, and only when that information is required for the effective
delivery of programs or services.
15
6.Employees are not to disclose or discuss such confidential information in public places
or with members of their families.
7.Employees are prohibited, unless authorized, from removing temporarily or permanently,
any confidential information stored in any form, including files, documents, tapes,
computer disks and digital and electronic data or other media from any Municipal
premises.
PRIVACY, PERSONAL INFORMATION & PERSONAL
RECORDS
1.The Municipality is committed to protecting the privacy and confidentiality of the personal
information of its' employees, customers, and other stakeholders. This policy outlines
the rules for collecting and preserving the personal information of all stakeholders.
2.All employees are expected to keep their own personal information confidential.
3.All Municipal personnel that are authorized to collect and store personal information and
records of employees, customers, and other stakeholders, are accountable to ensure the
personal and private information, to which they may have access, remains confidential
and is only used for the purpose collected; is not disclosed without proper authorization,
or used for personal gain. Employees who disclose personal information, contrary to
this policy, will be subject to discipline.
4.The CAO/Clerk and Treasurer are accountable to obtain proper written consents before
releasing any personal information of employees.
5.The CAO|Clerk is responsible for the Municipal compliance with the applicable privacy
statutes, including MFIPPA. The CAO|Clerk will ensure there are systems and training
in place, to safeguard personal information of all employees, customers, and other
stakeholders.
6.During the course of employment with the Municipality, employees will be required to
provide various private and personal information (such as date of birth, SIN, home
address, etc.) to designated Municipality personnel. In addition, during the course of
employment, various others documents (such as performance reviews, discipline,
medical information, etc.) will be generated, in order for the Municipality to properly
administer employment, payroll and benefits, in accordance with employment laws and
Municipality policies.
16
7.The Municipality maintains one central personnel file for each employee containing all
the above information.
8.If your personal contact information or personal situation changes (example: marital
status or children), it is important for you to inform the Treasurer immediately. This is
especially true if you are on any leave.
9.All employee personal information will be kept confidential and used only for
employment, payroll, and benefits purposes.
10.At termination, personnel files are maintained for seven years and then disposed of in a
secure manner.
11.After termination of employment, reference requests from third parties, related to an
employee's employment at the Municipality, will only be answered with written
authorization from the employee.
12.An employee may review their personnel file by making an appointment with the
CAO/Clerk.
CONFLICT OF INTEREST
1. Employees of the Municipality are expected to conduct themselves with personal
integrity, ethics, honesty and diligence in performing their duties for the Municipality.
Employees are required to support and advance the interests of the Municipality and
avoid placing themselves in situations where their personal interests actually or
potentially conflict with the interests of the Municipality.
2.A conflict of interest refers to a situation in which private interests or personal
considerations may affect an employee’s judgement in acting in the best interest of the
Municipality. It includes using an employee’s position, confidential information or
municipal time, material or facilities for private gain or advancement or the expectations
of private gain or advancement. A conflict may occur when an interest benefits any
member of the employee’s family, friends or business associates.
3. Employees who knowingly have financial interests in a Municipality contract, sale or
other business transaction, or have family members, friends or business associates with
17
such interests, must not represent or advise the municipality in such transactions, or
benefit from such conflict.
4. Employees are responsible to determine if their personal or family business or property
interest may be in conflict with the business of the Municipality. If the employee realizes
there is a potential for conflict of interest, the employee should immediately notify, in
writing to their supervisor and/or the CAO/Clerk. The employee should do whatever they
can to either remove themselves from the interest or from the decision-making process
relative to the interest.
HIRING OF RELATIVES
5.The Municipality if committed to avoiding any potential conflict of interest that may arise
when relatives are in a reporting relationship in the workplace. Relatives of persons
currently employed at the Municipality, or relatives of a member of Council or a local
board, may be hired only if they will be employed in a position that does not directly
report to or supervise the relative. The employee will not be able to be transferred into
such a reporting relationship with a relative.
6.For purpose of this policy, a relative is defined as:
Spouse
Common-law spouse
Child/Step-Child
Daughter-in-law
Brother-in-law
Sister-in-law
Mother-in-law
Father-in-law
Common-law
Spouse’s mother/father
Spouse’s Common-law mother/father
Spouse’s Grandparents
Spouse’s Aunt/Uncle
7.All employees are required to report relationships to the Municipality that would make
them in violation of this policy. If the relationship is found to have been deliberately
concealed from the Municipality at the time the relative is hired, or thereafter, the
Municipality may make immediate changes to the reporting relationship and both parties
may be subject to disciplinary actions, up to and including termination. If the relative
relationship is established after employment, the individuals concerned will decide who
18
is to be transferred. If the decision is not made within thirty (30) calendar days,
management will decide.
OUTSIDE EMPLOYMENT
8. Employees shall not engage in any outside employment or business dealings that
interfere with the performance of their regular duties, or from which they might derive
personal benefit or gain by virtue of their employment with the Municipality.
9.An employee may hold a job with another organization as long as he/she satisfactorily
performs his/her job responsibilities with the Municipality. If the Municipality determines
that employee’s outside work interferes with performance or the ability to meet the
requirements of the Municipality as they are modified from time-to-time, the employee
may be asked to terminate outside employment if he/she wishes to remain with the
Municipality.
10.If someone other than the employee reports the interest, the supervisor will investigate it
immediately. The employee in question will be immediately removed from the decision-
making that involves the interest.
11.W hen an employee reports a conflict of interest to his/her supervisor, it should be in
writing. The supervisor will share the conflict of interest with the CAO/Clerk. If the
employee alleges wrongdoing on the part of the Municipality or its Council members,
officers, employees, agents or contractors, he/she should report this in writing directly to
the CAO/Clerk.
PARTICIPATION ON COMMITTEES
1.The Municipality supports employees participation on internal and external committees
for the mutual benefit of the Municipality and the employees, provided their supervisor is
in agreement, and there are no conflicts that may arise including work demands and/or
conflicts with the interests of the municipality.
INTERNAL COMMITTEES
2.The Municipality encourages employees to sit on internal committees. Employees are
required to discuss membership on an internal committee with their supervisor prior to
acceptance, to identify any conflicts that may arise which may involve workload issues
and scheduling conflicts between committee meetings and work demands.
19
EXTERNAL COMMITTEES
3. Employees may also receive invitations to serve on external committees, agencies,
boards, etc. If an employee anticipates that scheduling conflicts might arise with their job
responsibilities, the employee should discuss with their supervisor.
POLITICAL ACTIVITY
4. Employees should refrain from direct involvement in a local government political
campaign in the Municipality. Employees may be involved in provincial, federal or other
local Municipal campaigns as long as this involvement does not affect the objectivity with
which they must discharge their duties.
PROGRESSIVE AND CORRECTIVE DISCIPLINE
1.The Municipality recognizes that in every organization, discipline is necessary in order to
maintain a working environment in which employees willingly and promptly perform their
responsibilities and abide by the standards of conduct and other human resource
policies. The Municipality may use progressive discipline at its discretion, to alter
unacceptable employee behaviour to conform to acceptable work standards. The goals
are:
To provide employees with advance warning that certain actions and/or
behaviours are inappropriate and that a positive change is necessary;
To ensure fair and consistent corrective action for all employees;
To provide written documentation of behavioural or performance issues and the
corresponding action that was taken;
To inform the employees of consequences of unacceptable behaviour before it
happens;
It is expected that the need for disciplinary action will be minimal.
2.Purging of the employees record of discipline after 24 months providing the employee
has not had any further disciplinary actions during that period, with the exception of
incidences related to workplace violence and harassment.
3.The nature of the circumstance will dictate the level of disciplinary action take and with
the discretion of the Manager and/or CAO/Clerk. Disciplinary action may include all or
any combination of the following, and is not limited to:
Informal Discussion: Casual, private discussion between the Supervisor and the
employee will result when specific deficiencies in work conduct are noticed. The
20
majority of problems are corrected this way and do not recur. This discussion
may or may not be documented depending on the seriousness of the deficiency.
Final Verbal Warning: An employee who fails to correct a problem that was
discussed informally will receive a verbal warning. This is a serious warning
directing the employee to improve the specified problems immediately. It
involves a formal discussion in a private area. The Supervisor will outline what
the issues are and exactly what must be done to correct them. An action plan of
improvement and assistance will be jointly created. The Supervisor will document
the discussion, and both parties will sign at the end of the discussion. A copy will
be placed in the employee’s personnel file and the employee will receive a copy.
First Written Warning: If a subsequent violation occurs, the Supervisor will issue
a formal written warning with a copy to the employee's file. The employee and
Supervisor will meet in a private area to revisit the problem and/or issue, set
specific written goals, deadlines and discuss assistance required for immediate
improvement. A record of the meeting is prepared which both the Supervisor and
employee sign. One copy is given to the employee and one goes to the
employee’s personnel file.
Second Written Warning: The CAO/Clerk is consulted prior to the
commencement of this step. A meeting and documentation is completed once
again as above, and both parties sign the documentation from the meeting.
Included in the second written warning is the possibility of suspension from work
with or without pay.
Final Written Notice: Written notice of termination of employment is given to the
employee and the employment is terminated. This step requires the written
approval of the CAO/Clerk.
CONFLICT/PROBLEM RESOLUTION
1.The Municipality is committed to providing a workplace free of conflict, where employees
are treated with fairness, dignity and respect. This policy is to provide employees with
an outlet to raise concerns regarding any conflict in the workplace or dissatisfaction with
respect to issues related to their employment in an open and fair manner with provisions
made to ensure their prompt and reasonable resolution. Under no circumstance should
any employee fear discrimination or reprisal in the workplace as a result of the filing of a
complaint.
21
2.The following conflicts should be reported, and the Municipality shall strive to address
them with reasonable resolutions. Note, reports of discrimination, harassment or
violence must be addressed through the Workplace Violence and Harassment
Procedure.
Disputes with co-workers or managerial employees with unwanted and
unresolved consequences.
Perceived unfair or inequitable treatment.
Abuse of authority.
Administration of municipal policies.
3.If a situation occurs when an employee believes that a condition of employment or a
decision affecting them is unjust or inequitable, they can express their concerns through
the problem resolution procedure, using the following steps.
Employees are encouraged to discuss unwanted behaviour or actions with the
offending party, and in an ideal situation, the two parties will reach a reasonable
resolution.
In the event the discussion is not possible or the parties fail to reach a
reasonable resolution, a formal complaint can be filed.
Formal complaints must be submitted within 14 days from the date of the alleged
incident(s).
The employee presents the details of the issue in writing to the immediate
supervisor. In a situation where the immediate supervisor would be inappropriate
the employee may present the issue to the CAO/Clerk. The employee should
record the details including the unwanted circumstance(s), names of witnesses,
and attempts to resolve the issue.
Supervisor will review and investigate the complaint, including speaking with
parties involved and witnesses. Supervisor will facilitate a reasonable resolution,
communicate and document.
If the employee feels the claim remains unresolved, a formal complaint may be
made to CAO/Clerk. The CAO/Clerk will review and investigate the concern and
attempt to resolve.
An employee may present the issue to the Mayor for issues pertaining to the
CAO/Clerk.
4.In the event that a complaint is substantiated and a reasonable solution to halt the
unwanted behavior or action through mediation is not possible, the following actions
shall be taken for the offending party:
Written warning/reprimand.
22
Transfer or demotion, and in some instances both a transfer and a demotion.
Education and training.
Suspension.
Termination of Employment.
5.In the event that a complaint is not substantiated due to lack of evidence or other
reasons, both parties shall be informed with the rationale used. This does not
necessarily mean that it was filed under false or frivolous pretences. A complainant may
request that the investigation be re-opened in the event that pertinent new evidence can
be provided, or a reprisal due to the allegation has occurred.
6.The municipality will keep all formal complaints, accompanying documentation and
findings of any investigation on file.
7.Employees should be cognizant of the fact that a formal complaint against another
employee is a serious allegation with repercussions.
8.Where a complaint is found to be either false or frivolous, or where supporting
documentation for a complaint has been falsified, the complainant or witness may be
subject to disciplinary measures up to and including termination of employment.
GIFTS, GRATUITIES AND MONETARY BENEFITS
1.No employee shall solicit or accept any gift or accept or receive a fee, advance, cash or
personal benefit that is directly or indirectly connected with the performance of his or her
duties of employment. For the purposes of this provision any gift provided to an
Employee's child, parent or spouse with the Employee's knowledge shall be deemed to
be a gift accepted by that Employee;
2.The Municipality recognizes that moderate hospitality and participation in charitable non-
profit fundraising and business events is an accepted facet of community participation
and business relationships. Accordingly, the following types of gifts are recognized as
exceptions to the prohibition in Section 1:
a)gifts that are received as an incident of protocol or social obligation that normally and
reasonably accompany the responsibilities of employment;
b)token gifts such as souvenirs, mementoes and commemorative gifts that are given in
recognition of service on a committee for speaking at an event or representing the
Municipality at an event;
23
c)food and beverages consumed at lunches, dinners, charity fundraisers, banquets
receptions, ceremonies or similar events if the Employee's attendance serves a
legitimate municipal purpose;
d)communications to the Municipality including subscriptions to newspapers and
periodicals;
e)compensation authorized by law;
f)services provided without compensation by persons volunteering their time;
g)gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies,
cultural events, sporting events, business galas, political events and similar events
if the Employee's attendance serves a legitimate municipal purpose;
3.Within 30 days of receipt of any gift described in Section 2, Employees shall file a
written disclosure statement with the CAO|Clerk (or with the Mayor for the CAO|Clerk)
for any gift that exceeds $200 in value. Every disclosure statement shall indicate:
(i) the nature of the gift;
(ii) its source and date of receipt;
(iii) the circumstances under which it was received; and
(iv) its estimated value.
4.Every disclosure statement to the CAO|Clerk or Mayor for the CAO|Clerk shall be a
matter of public record.
5.The CAO|Clerk or Mayor shall report to Council annually on all gifts received by
Members that are disclosed in accordance with Section 2, if any.
6.The CAO|Clerk or Mayor shall examine every disclosure statement filed with him or her
to ascertain whether the receipt of the gift might in her or his opinion create a conflict
between a private interest and the public duties of the Employee.
7.If the CAO|Clerk or Mayor makes a preliminary determination of a conflict the Member
shall be asked to justify receipt of the gift
8.If the CAO|Clerk or Mayor determines that receipt of the gift was prohibited the
CAO|Clerk or Mayor will issue discipline through the Progressive & Corrective
Discipline process.
DISCRIMINATION AND HARASSMENT IN THE WORKPLACE
1.Every employee of the Municipality has the right to receive fair treatment and to work in
an environment that is free from discrimination and harassment. The Municipality is
24
committed to providing a workplace free of discrimination and harassment in which all
employees can be treated with dignity and respect. This policy will be reviewed as
necessary, and at least on an annual basis.
2.The Municipality conducts business and treats all employees in accordance with all
applicable Human Right’s legislation. The Municipality does not condone and does not
tolerate harassment of any kind.
3. Employees shall not be harassed or discriminated against by the employer, by anyone
acting as an agent for the employer or by another employee because of race, ancestry,
place of origin, ethnic origin, citizenship, religion, creed, colour, sex, sexual orientation,
age, record of offences for which a pardon has been granted, family status, handicap or
any other grounds prohibited under the Ontario Human Rights Cod. Harassment
undermines an individual’s self-respect and adversely affects work performance and
well-being.
4.Supervisors, who do not exercise their responsibility to prevent or discourage
harassment of or by their employees, are considered to be as guilty of violating this
policy as if they had committed the harassment. Therefore, any supervisor who willfully
disregards a report of harassment of/by his/her employees may be subject to discipline
up to and including dismissal.
WORKPLACE HARASSMENT
5.“Workplace harassment” means different things to different people and may be
influenced by cultural, religious background, and/or geographical location. Workplace
harassment means engaging in a course of vexatious comment or conduct against an
employee in a workplace that is known or ought reasonably to be known to be
unwelcome. Workplace harassment may include conduct which is offensive,
embarrassing, or humiliating to others, and may further include visual representation,
electronic messages, written messages, verbal and/or physical conduct. Unwelcoming
behaviours may create hostile work environment.
SEXUAL HARASSMENT
6.Sexual harassment is a specific form of harassment. It may include behaviours that are
not necessarily sexual in nature, but relate to the person’s gender and demeans, belittles
or causes personal embarrassment to the recipient. These behaviours are known or
ought reasonably to be known to be unwelcome.
25
7. Examples of sexual harassment and inappropriate gender-related behaviour include, but
are not limited to, comments, gestures and non-verbal behaviour, visual materials and
physical contact. Comments made or actions taken may not be intended to offend
another person. However, intent is not a prerequisite to establishing that behaviour is
discriminatory.
ABUSE OF AUTHORITY
8. Abuse of authority means an individual’s use of power and authority inherent in the
position held in a manner which serves no legitimate work purpose and which ought
reasonably to be known to be inappropriate. It includes misuses of power that are
intimidating, coercive or demeaning. The legitimate and proper exercise of employer’s
right to supervise or manage (for example, performance reviews, work evaluations and
disciplinary measures taken for any valid reason) does not constitute harassment under
this policy.
PSYCHOLOGICAL HARASSMENT
9. Psychological harassment is bullying or humiliating behaviour that has the following
components:
Generally repetitive, although a single serious incident of such behaviour may
constitute psychological harassment if it undermines the recipient’s psychological
or physical integrity and has a lasting harmful effect,
Hostile, abusive or inappropriate,
Affects the recipient’s dignity or psychological integrity,
Results in a poisoned work environment
10. Not all conflict at work constitutes bullying or psychological harassment and it should not
be confused with legitimate management actions or normal human conflict.
WORKPLACE HARASSMENT DOES NOT INCLUDE
11. Appropriate direction, evaluation or discipline by a manager or supervisor; Stress
associated with the performance of job duties;
Friendly teasing or bantering that is mutually acceptable; and
Friendly or romantic behavior that is welcome and mutual.
DISCRIMINATION
12. There are three ways in which a person might suffer discrimination:
26
Directly: where a person treats another person unequally or differently because
he/she is a member of a group of persons who are identified by a prohibited
grounds under the Human Rights Code.
Indirectly: where a person causes another person to act on his/her behalf and
discriminates against a person because of his/her membership in a group of
persons who are identified by a prohibited ground under the Human Rights Code.
Constructively: where a neutral requirement, qualifications or factor has an
adverse impact on members of a group of persons who are identified by a
prohibited ground of discrimination under the Human Rights code.
EXCEPTIONS
13. The legitimate and proper exercise of the employer’s right to supervise or manage (for
example, performance reviews, work evaluations and disciplinary measures taken for
any valid reason) does not constitute harassment under this policy.
14. Hiring, performance/salary reviews, discipline, transfer, promotion, termination and other
career decisions must be based solely on work criteria.
WHAT DO I DO IF I AM EXPERIENCING DISCRIMINATION OR
HARASSMENT IN THE WORKPLACE?
15. An employee who believes he/she is being harassed should:
Make it known that the action is unwelcome and will be reported unless it is
stopped immediately.
Keep a written record of dates, times, and nature of behaviour and witnesses, if
any.
If the harassment continues, speak to an uninvolved supervisor and confirm the
complaint in writing to the uninvolved supervisor and/or CAO/Clerk.
Employees should note that failure to keep a diary of the event may invalidate
the complaint but a record will, however, reinforce it.
INVESTIGATION PROCEDURE
16. Management has the responsibility to respond immediately to complaints of harassment
in accordance with the following steps:
Inform the complainant that an investigation is being conducted,
Interview both parties as soon as possible,
Interview any witnesses,
27
Interview past and present employees, if necessary, to determine if harassment
has occurred,
Warn all parties that all interviews and information must be kept confidential,
Consult the Human Rights Commission, if necessary, before responding to the
complaint,
Render the decision and discuss the findings with the alleged harasser.
DISCIPLINE
17.If the allegations are found to have substance, then management may determine the
appropriate level of discipline, up to an including immediate termination of the harasser.
If the allegations are found not to have substance, the investigator will maintain a
confidential file on the allegations in the CAO/Clerk office. The complainant will assured
that there will be no recrimination because of complaint.
WHAT TO DO IF YOU ARE ACCUSED OF HARASSMENT OR
DISCRIMINATION?
18.If you are at fault, immediately cease the behaviour that the complainant finds offensive
and apologize to the complainant. Failure to cease this behaviour will leave you
vulnerable to a formal complaint and to discretionary action up to and including dismissal
if the complaint is substantiated.
19.If you believe that the complaint is unfounded and/or made in bad faith, discuss the
matter with your supervisor.
20.If you are named as the harasser in a complaint, the investigative procedure for such
complaints is a comprehensive one and will involve your supervisor and other parties as
deemed necessary.
21.If any event, document your version of the alleged incident, including times, place and
witnesses.
VIOLENCE IN THE WORKPLACE
1.The management of the Municipality is committed to prevention of workplace violence
and is ultimately responsible for worker health and safety. The Management will take
whatever steps are reasonable to protect workers of the Municipality from workplace
violence.
28
2. This policy applies to all activities that occur while on Municipal premises or while
engaging in work-related activities or social events. Any act of violence committed by or
against any member of the workplace or member of the public is unacceptable conduct
that will not be tolerated. Everyone is expected to uphold this policy and to work together
to prevent workplace violence.
WORKPLACE VIOLENCE
3. “Workplace violence” is defined as the exercise of physical force by a person against a
worker, in a workplace, that causes or could cause physical injury to the worker. It also
includes an:
attempt to exercise physical force against a worker in a workplace, that could
cause injury to the worker; and a
statement or behaviour that a worker could reasonably interpret as a threat to
exercise physical force against the worker, in a workplace, that could cause
physical injury to the worker.
4. The following list of behaviours, while not exhaustive, provides examples of conduct that
is prohibited:
a. Threatening behaviour – shaking fists, destroying property, or throwing objects
b. Property damage – theft, destroying property, vandalism, sabotage of equipment,
or arson
c. Verbal or written threats – any expression of intent to inflict harm
d. Bullying and intimidation
e. Verbal abuse – swearing, insults or threatening language
f. Psychological trauma – includes stalking
g. Physical attacks or assaults – hitting, shoving, pushing or kicking
h. Murder
i. Sexual Assault
5. Workplace violence can occur at off-site municipal business-related functions, at social
events related to work, or away from work but resulting from work, e.g.: a threatening
telephone call to an employee’s home from a member of the public.
Any individual who assaults a staff member is liable to be charged under the Criminal
Code of Canada and the staff who has been a victim of such violence has the right to bring
charges against the aggressor. All staff is entitled to the support outlined in this policy
whether or not charges are pursued.
29
WORKPLACE
6. The workplace includes all locations where business or social activities of the Municipality
are conducted. Violence in the workplace may also include incidents that happen away
from work (e.g., unwelcome phone calls or visits to a person’s home) if it is connected to
the victim’s employment with the Municipality.
DOMESTIC VIOLENCE
7. The term “domestic violence” refers to a broad range of behaviours that may be
perpetrated by one person against his or her partner with the aim of securing and
maintaining control, power, and/or domination over the partner. Such behaviours include,
but are not limited to, coercive physical, psychological, sexual, economic and/or emotional
abuse and threats.
REPORTING OF VIOLENCE
8. To ensure early identification and prevention of violence in the workplace, all staff are
responsible for reporting to their immediate supervisor any incident committed by another
staff member, volunteer, co-op placement, student, agents of the Municipality,
consultants, and contractors, or a member of the public of Council, that constitutes a
potential or actual threat of violence towards a staff member, especially if one or more of
the following factors is known to be present or to have occurred (the list is not exhaustive):
a. Threatening statements to do harm to self or others
b. References to other incidents of violence
c. Intimidating behaviour such as insubordination, open defiance, pestering or
confrontational behaviour
d. History of violent, reckless, or anti-social behaviour
e. Recent marked decline in performance
f. Major change in personality, mood, behaviour, or standards of personal grooming
g. Obsessions with persons or things, particularly weapons
h. Experiencing what appears to be serious stress in personal life
i. Substance abuse
Such reports may be made confidentially at the staff’s request, with the exception of steps
taken to ensure the safety of others and the prevention of recurrence. For example,
confidentially may not be assured where it becomes necessary for the Municipality to file
a police report.
If you are the victim of, or are a witness to, a violent incident in the workplace, contact your
immediate supervisor, or dial 911.
30
9.The Municipality will ensure that this policy is implemented and maintained, and that all
workers and supervisors have the appropriate information and instruction to protect them
from violence in the workplace.
10.Supervisors are responsible for ensuring that measures and procedures are followed by
workers and that workers have the information that they need to protect themselves.
11.All workers are encouraged to raise any concerns about workplace violence and to
immediately report any violent incidents or threats to your supervisor or another member
of management. There shall be no reprisal against individual who, in good faith, reports
an incident of violence or participates in an investigation.
12.No employee or any other individual affiliated with the Municipality shall subject any other
person to workplace violence or allow or create conditions that support workplace
violence. An employee that subjects another employee, client, or other person to
workplace violence may be subject to disciplinary action up to and including termination.
13.Management pledges to investigate and deal with all incidents and complaints of
workplace violence in a timely and fair manner, respecting the privacy of all concerned.
REPORTING PROCESS
14.Obligation to Report
Employees are to report a situation that he/she believes is workplace violence under this
Program. A report may be made by the actual victim of alleged workplace violence; by a
co-worker who witnessed the incident(s); or by a third party reporting on behalf of the
victim(s). Employees who, with an honest and good faith belief, provide information about
behaviour or actions which they perceive as threatening or potentially violent will not be
subject to disciplinary or other form of reprisal if their perceptions are not substantiated.
However, if it is learned that an employee intentionally made a false report or provided
false information regarding the report, disciplinary action up to and including termination
may be taken against that employee.
15.How to Make a Report
A report should normally be made as soon as possible after the relevant action or
behaviour occurred. Promptness in reporting protects the safety of all employees, as well
as the rights of both the person making the report and who is the subject of a report.
Although an employee may choose to make a verbal report, it is in the best interest of all
concerned to provide a written report, which should contain a brief account of the incident,
when it occurred, the person(s) involved and the names of witnesses, if any. The report
31
should be signed and dated. An employee making a verbal report may be required to
provide their report in writing.
A report under this Program may be submitted to the supervisor, manager, department
head of either the employee who made, or is the subject of, a report, or CAO. If the report
is submitted to the supervisor or manager, it shall be referred directly to the department
head and CAO within two (2) working days of receipt. CAO will investigate, or assign
another senior manager trained in workplace violence investigations to investigate the
situation and to report back with recommendations, or retain an external investigator.
16.Investigation
To the extent possible, the investigator shall ensure that the incident is investigated
promptly and fairly, in a discreet and confidential manner so as to minimize
embarrassment to all parties. The identity of the complainant will be kept confidential to
the extent possible during the investigation process
As soon as is reasonably practicable, the person assigned shall initiate the investigation
by meeting with the individual who made the report. The individual may be accompanied
by another employee of his/her choice in any meeting with the investigator. The
investigator shall confirm receipt of the report, clarify details, and apprise the individual of
the steps that will be taken. The Investigator will also make all appropriate inquiries of the
alleged victim and/or any witnesses to determine the nature and severity of the incidents
alleged.
After speaking with the applicable department head or designate, the investigator has the
authority, subject to applicable laws, to talk with anyone, examine any documents, and
enter any work locations that are relevant to the reported incident.
If Police Services request that the Municipality delay its investigation pending the
completion of a police investigation, the investigator will cease his or her investigation until
CAO approves of its continuation.
An employee who is the subject of a report and who refuses to discuss potentially violent
behaviour or cooperate in attempts to assess or defuse the risk of workplace violence
may, if information is uncovered through fact-finding to establish a reasonable possibility
of risk, be suspended without pay and benefits until he/she agrees to cooperate and
provides proof of cooperation. Refusal to co-operate may result in dismissal if the
employee has received written notice to that effect and has been given a reasonable
opportunity to cooperate.
Interventions that may form part of a risk assessment or plan of action for an employee
who is the subject of a report or investigation may include referral to the employee’s
physician, use of short-term disability plan or temporary leave of absence, referral to
counseling and other services, fitness-for-duty evaluation and other appropriate
interventions. More serious situations may warrant suspension, obtaining appropriate
court orders, and/or police involvement.
32
Depending upon the circumstances, the department head or CAO may determine that it
is appropriate to physically and/or operationally separate the employee who made, and
the employee who is the subject of the report, until the investigation has been completed.
In more serious situations, the Municipality may suspend the employee who is the subject
of the report pending the investigation.
17.Findings and Recommendations
Once the investigation is complete, the investigator will submit a confidential written
document to CAO. The document will summarize the investigator’s findings and
conclusions and will recommend corrective action if appropriate.
A conclusion about whether a specific incident of workplace violence did or did not occur
should be based upon the balance of probabilities. If the findings do not support the initial
report, the investigator will recommend that no further action is necessary and that the
matter be closed. However, if the findings do support the initial report, the investigator will
recommend measures to correct the situation.
The Chief Administrative Officer will review the investigator’s findings, conclusions, and
recommendations, as well as any comments received in relation to it before making a final
decision. In cases likely to result in suspension or termination from employment and/or
where the respondent has been the subject of several reports, the Chief Administrative
Officer may approve, change or reject any of the investigator’s recommendations.
18.Discipline
In responding to the threat or incident of violence, actions that warrant consideration may
include changes to the physical work space, changes to work schedules and/or patterns,
changes to procedures to offer better support and protection, withdrawal of services,
police intervention and the use of appropriate court orders.
Employees who are found to be at risk of engaging in violent conduct or who have
engaged in violent conduct may be subject to discipline up to and including suspension
and/or dismissal if warranted. Employees who engage in repeat violent behaviour after a
first incident is reported may be subject to immediate dismissal or suspension pending the
development of an appropriate plan of action. Employees who engage in serious violent
behaviour may be subject to immediate dismissal for a first incident.
The appropriate disciplinary action imposed, if any, shall be determined by mutual
agreement of CAO and the affected department head(s), based on the particular
circumstances of the case. In accordance with the Municipality’s disciplinary procedures,
no employee shall be suspended without authorization of the applicable department head
and no employee shall be discharged without authorization by the Chief Administrative
Officer.
33
TRAUMA SUPPORT
19.Employees who have witnessed or experienced a traumatic event may need special
support. Their special needs will be acknowledged and accommodated. The Chief
Administrative Officer or designate, will coordinate any special assistance that may be
required.
NOTE: If the employee, who is the victim of the violent activity, does not wish to pursue
the matter, then the wishes of the employee are respected, provided that doing so does
not compromise the safety of other employees, or the client or premises of the
Municipality.
TECHNOLOGY AND CORPORATE PROPERTY
1.The Municipality establishes rules and procedures to ensure that appropriate use of its
technology, equipment and supplies. Technology includes, but is not limited to,
computers, internet, cell-phones, software, social media and email.
TECHNOLOGY
2.It is important to the Municipality to enhance the productivity of authorized employees by
providing appropriate access to technology. This policy is intended to provide guidance in
the professional and responsible use of technology, including:
To protect against irresponsible, unauthorized, and illegal activities.
To ensure privacy, security, and reliability of all computer systems and
information.
3. Employees have access to computers, email and internet and are accountable for its
proper use. The systems are owned and maintained by the Municipality and are intended
to be used for business purposes. Personal use is allowed in emergency situations and
off working hours. Abuse of this policy may result in discipline and/or removal of related
privileges, with the discretion of the CAO/Clerk.
4. Employees should not use a password, access a file, or retrieve any stored
communication without authorization. Employees should not leave their computers
unattended when they are logged on, to ensure confidentiality.
5.The Municipality prohibits the use of computers, email and internet in ways that are
disruptive, offensive to others, or harmful to morale. The display or transmission of
sexually explicit images, messages, and cartoons are not allowed. Other misuse includes,
but is not limited to, ethnic, slurs, racial comments, colour jokes, or anything that may be
construed as harassment and/or showing as being offensive/disrespected to others.
34
SOFTWARE LICENSING
6. Employees may only use softwares on the local area network or on multiple machines
according to the software license agreement, unless otherwise approved by the
CAO/Clerk.
CORPORATE PROPERTY
7. Electronic devices (cell-phones, pagers, etc.), equipment, furniture, supplies, and other
property of the Municipality have been acquired for the purpose of achieving municipal
and program objectives.
8. The use of electronic devices for occasional personal use should not interfere with work-
related activities, nor should the Municipality incur extra costs. Employees are to inform
information technology (IT) representative when they will be out-of -county so that an
appropriate plan can be implemented during that timeframe. In the event that IT is not
informed, the individual shall be responsible for costs incurred as a result of not
implementing the appropriate out-of-country plan.
9. The unauthorized use of corporate property, resources or premises, and the unauthorized
removal or property from the Municipality’s premises, without the prior approval of the
supervisor, are subject to discipline up-to and including dismissal and may be subject to
criminal charges.
10. No employee should have any expectation of privacy as to any use of the Municipality
media and equipment.
11. Personal use of computer, internet, e-mail and other Municipal technology should be
restricted to unpaid time.
OWNERSHIP OF DATA AND SOFTWARE
12. All equipment and software programs, information and data installed and/or created on
municipal equipment, belongs to the Municipality. This includes all programs, documents,
emails, spreadsheets, databases, and methods of techniques, etc. developed using
corporate equipment and/or software, while employed with the Municipality.
35
SOCIAL MEDIA
13.The Municipality may use social media (Twitter, Facebook, Instagram, LinkedIn, etc.) from
time-to-time to advertise for events, hiring purposes, etc. Employees should not misuse
the use of social media. Personal use of social media may only be used during your own
time and off working time.
USE OF MUNICIPAL VEHICLES AND EQUIPMENT
1. Certain employees of the Municipality may be required operate various municipal vehicles
and equipment in the course of their job. The Municipality is committed to the proper
maintenance and safe driving of all vehicles and equipment used for municipal business.
2.W hen using municipal vehicles and equipment employees are expected to exercise care,
perform required maintenance, and follow all operating instructions, traffic regulations,
safety standards, and guidelines. Employees shall also notify the supervisor if any vehicle
or equipment appears to be damaged, defective, or in need of repair.
3.The improper, carless, negligent, destructive, or unsafe use or operation of vehicles and/or
equipment, as well as avoidable traffic and parking violations, can result in disciplinary
action, up to and including termination of employment. If an employee receives a driving
and/or parking violations in a municipal vehicle and/or during municipal time, it is not the
responsibility of the Municipality.
4.Vehicles or equipment owned, leased, or rented by the Municipality may not be used for
personal use without prior approval from the Supervisor.
5.Municipal vehicles are to be parked on Municipal premises when not in business use
unless authorized to be parked offsite.
6. Employees operating municipal vehicles and/or equipment must be free of any influence
of any substance, including alcohol, marihuana and illegal drugs which may cause
impairment. Smoking is not allowed in any Municipal owned, leased, or rented vehicles
and equipment. Violation of this rule may lead to progressive discipline, up to and including
termination.
DRIVER’S LICENSE
7.All employees driving for municipal business must possess a valid driver’s license. If the
employee’s license is void or suspended, they may not operate a municipal vehicle and
must report to the CAO/Clerk, as soon as reasonable possible. Drivers that work in a
36
position that requires them to drive to conduct their duties for their position, may be
asked to generate an annual official Driver’s Abstract.
LAYOFF
1.At times the Municipality, due to change in strategic direction, loss of services, financial
reasons, or other reasons, may have to reduce the workforce.
2.Where possible, the Municipality will attempt to avoid layoffs by relying on natural
attrition. If attrition doesn’t result in sufficient reduction in the work force, volunteers will
be requested. The last resort is to select particular employees for layoff.
3.If layoffs are found to be necessary, the Municipality will implement in accordance to the
Employment Standards Act (ESA). Layoffs are not considered an end to the
employment contract.
4.Employees on temporary layoff may have regular benefits to which they are entitled to
continue, as awarded by the Municipality’s insurance provider.
5.Any unpaid accrued vacation pay will be paid out to employees with their final pay before
the layoff.
6.If employees are laid off, they will be given as much notice as possible of the layoff and
will receive a letter explaining all arrangements. Employees will not be paid during a
layoff.
7.When an employee is given notice to return to work from layoff, the employee must
return to work on the day they are requested to do so. If unable to comply, the
employee is responsible to contact the CAO/Clerk so alternative arrangements can be
made.
TERMINATION
8.Terminations may arise from Involuntary Termination by the Municipality, Resignation,
Retirement and Abandonment. The Municipality is committed to handle all terminations
in good faith, in a fair and consistent manner, and in accordance with the Ontario
Employment Standards Act, Ontario Human Rights Act and all other applicable statues
with respect to terminations.
9.Employees who retire or resign from their employment with the Municipality may be
requested to participate in an exit interview with CAO/Clerk.
10.Involuntary terminations require the review and written approval of CAO/Clerk.
37
11.An employee who is released for disciplinary reasons (except for just cause) or inability
to perform work duties will receive a warning, written or otherwise, over the
Municipality’s Progressive and Corrective Disciplinary policy, prior to involuntary
termination proceedings being implemented.
12.Terminated employees agree to return all municipal property including all employee
passwords and documents prior to their departure.
RESIGNATION
13.All employees should give a minimum of two (2) weeks’ notice (or longer where required
by their employment contract) to the Municipality of their intent to terminate their
employment. To facilitate replacement of any employee, the Municipality requires the
longest amount of notice possible, particularly from more senior employees.
14.The Municipality recognizes that retirement is an individual choice to work until the
normal retirement age, to retire early, or to postpone retirement.
RETIREMENT
15.The Municipality does not have a mandatory retirement age. Based on satisfactory
performance, employees may continue to work past the traditional retirement age of 65
unless prohibited by legislation.
16.The Municipal group insurance policies may change coverage based on age. See your
group benefit and Ontario Municipal Employees Retirement System (OMERS) booklets
for more information.
17.Employees considering retirement should inform their supervisor as soon as possible to
discuss the process, and facilitate transition and succession planning.
ABANDONMENT OF EMPLOYMENT
18.Employees resigning their position are required to give proper notice. In addition,
employees who are absent unexpectedly from work are required to notify their Managers
within a half hour of their scheduled shift start time, as to the reason of their absence.
Employees who are absent from work for three (3) consecutive working days or more
without notice, are deemed to have terminated their employment.
19.When an employee is absent without notice the Manager must take immediate steps to
contact the employee. If attempts to reach the employee are unsuccessful, the Manager
must consult immediately with the CAO/Clerk to assure that all appropriate procedures
are followed.
20.The Municipality must notify the employee of the intent to termination employment in
writing by registered mail. The letter may be sent on the second day of absence.
38
EMPLOYMENT VERIFICATION
1.Consistent with the Municipal Freedom of Information and Protection of Privacy Act, the
Municipality will not disclose salary or employment information to a third party unless
required to by legislation.
2. Employees requiring verification of their employment/salary is to contact payroll or their
supervisor. Payroll or the supervisor will prepare written confirmation of
employment/salary addressed to the employee for his/her release to any third party.
Request for employment/salary verification should be fulfilled within two (2) working
days.
COUNCIL STAFF RELATIONS
1.Mutual respect and cooperation are required to achieve the Council’s corporate goals
and implement the Council’s strategic priorities through the work of staff.
2.Employees have an obligation to recognize that members of Council have been duly
elected to serve the residents of Bayham and respect the role of Council in directing the
actions of the Municipality.
CONDUCT INVESTIGATIONS
1.Informal Complaints
Any individual who has identified or witnessed behaviour or activity by an Employee that
appears to be in contravention of Section 2 – Employee Conduct & Guidelines may address
their concerns in the following manner:
a)Advise the Employee that their behaviour or activity contravenes Section 2 –
Employee Conduct & Guidelines;
b)Encourage the Employee to stop the prohibited behaviour or activity;
c)If applicable, confirm to the Employee your satisfaction or dissatisfaction with
his response to the concern identified;
d)Keep a written record of the incidents including dates, tim es, locations, other
persons present, and any other relevant information, including steps taken to
resolve the m atter.
e)If not satisfied with the response received through the informal process, an
individual may proceed with a formal written complaint through the CAO|Clerk, or
if the complaint is about the CAO|Clerk through the Mayor.
39
2. Formal Complaints
Any individual who has identified or witnessed behaviour or activity by an Employee that
appears to be in contravention of Section 2 – Employee Conduct & Guidelines may address
their concerns through the formal complaint process set out below.
a)All formal complaints must be made using the Municipality’s Complaints
Form-Staff and shall be dated and signed by the complainant;
b)The complaint must include an explanation as to why the issue raised may be
a contravention of Section 2 – Employee Conduct & Guidelines and any evidence
in support of the allegation must be included with the Complaints Form/Affidavit;
c) Any witnesses in support of the allegation must be identified on the Complaint
Form/Affidavit;
d)The Complaint Form/Affidavit must include the name of the Employee
alleged to have breached Section 2 – Employee Conduct & Guidelines, the
specific section of Section 2 – Employee Conduct & Guidelines allegedly
contravened, the date, time and location of the alleged contravention and
any other information as required on the Complaint Form/Affidavit;
e)The complaint shall be filed with the CAO|Clerk, or if the complaint is about the
CAO|Clerk through the Mayor who shall confirm that the information is complete
as to a), b), c) and d) of this section. The CAO|Clerk or Mayor will determine
whether the matter is, on its face, a complaint with respect to non-
compliance with Section 2 – Employee Conduct & Guidelines, and not covered by
other legislation or policies; and
f)The CAO|Clerk or Mayor may request additional information from the
complainant.
g)Corrective action or discipline, if any, will be determined by the CAO|Clerk or
Mayor in accordance with the Progressive Discipline policy and the decision of
the CAO|Clerk or Mayor shall be final.
40
SECTION THREE:
PAY ADMINISTRATION
AND BENEFITS
41
COMPENSATION PHILOSOPHY
1.The total compensation program for the Municipality consists of base salary, variable
compensation (short-term incentives and supplementary pay), and benefits. The total
compensation program is central to the Municipality’s strategy to attract, engage,
motivate and retain qualified employees through an internal equitable, non-
discriminatory and externally competitive compensation program.
2.Compensation is structured to:
Establish appropriate pay differentials between position levels to account for
differences in scope of responsibilities.
Reward performance as measured by the attainment of individual, department
and corporate objectives.
Recognize the acquisition of knowledge, skills and experience pertinent to the
employee’s position.
3.The Municipality is committed to providing employees with clear and open
communication regarding compensation policies and practices, as well as performance
feedback. The Municipality is also committed to complying with the Ontario Pay Equity
Act and promotes the concept of equal pay for work of equal value.
4.The Municipality will perform a market check normally every four (4) years, which will
include:
The pay band grid will be compared to the market,
Council will approve the comparators to be used,
The median or fiftieth (50th)percentile of the job rate of the comparators will be
used,
The overall pay band grid may increase, decrease or remain the same as the
result,
No employee’s pay will be reduced as a result of this exercise. However,
individual pays may be frozen until the pay for their position catches up to their
current pay. Employees in this situation will not be eligible for the annual pay
adjustment until their pay is equal to or exceeds the job rate in their pay band,
Council will approve the market check and implement the results.
42
PAY ADMI NISTRATION
1.Salaries at the Municipality shall be determined in accordance with the Salary Schedule
as approved and amended from time-to-time by Council.
PROMOTIONS
2.A promotion shall be considered as a reassignment of duties to employees that would
cause his/her new position to be paid in a higher salary classification than the previous
position. All employees, upon promotion, shall receive payment of at least the minimum
rate of the new position, expect in instances when an employee does not meet the full
minimum requirements of the new position. In such cases, the CAO/Clerk will determine
if a reclassification is necessary. In no case, shall an employee receive less than his/her
current salary by promotion.
3.Subsequent increases in the new range will occur on the anniversary date (or establish
date) of the transfer or promotion.
DEMOTIONS
4.A demotion shall be considered as being a re-assignment of duties to an employee that
causes the new position to be paid in a lower salary classification than the previous
position. This may occur as a result of organizational changes, work shortages,
inadequate performance and diminished employee capability or at the employee’s
request.
5.If an employee is permanently demoted or transferred to a position in a lower salary
level, the compensation shall be held at the existing level until the step in the lower
grade for the position reaches the existing salary through economic adjustments, with
the discretion of the CAO/Clerk. The salary is increased subsequently when salary
ranges are increase across the board as a result of economic adjustments that affect the
whole salary system.
6.The Municipality understands and recognizes long and loyal service. Therefore, will try
to minimize the financial impact of demotions to employees and will try to keep their
current salary until the range of the lower salary range catches up across the board of
economic adjustments that affect the whole salary system.
43
TEMPORARY TRANSFERS
7.If the temporary transfer is to a position at a lower salary level, an employee may retain
his/her current salary. “Temporary” can be a period of up to, but not exceeding, six (6)
months.
8.If the temporary transfer is to a position at a higher salary level, “acting pay” may be
provided in accordance with the Acting Pay policy.
PROBATION AND PERFORMANCE EVALUATIONS
9.After successful completion of a probationary period with a satisfactory performance
evaluation, salary adjustment may be awarded, unless otherwise decided by the
CAO/Clerk for special circumstances.
10.Upon a successful completion of an annual performance evaluation, employees are
eligible at this time to move upward on the salary grid from level to level, effective on the
annual date set out by the CAO/Clerk and Council. Movement up the salary grade is
done until job rate is reached.
11.If an employee’s performance evaluation is unsatisfactory, the salary movement will be
deferred until a follow-up evaluation can be made, normally within three (3) months. If
the second evaluation demonstrates improvement, the merit increase adjustment in the
pay band may be awarded, but may be withheld for three (3) months from the
employee’s start date in the position.
ANNUAL ADJUSTMENT TO PAY BAND GRID
12.Each year on January 1 the entire pay band grid may move up by % using an
established formula.
13.The formula to be used is the annual Stats Can Ontario CPI for the 12 months ended
October 31 each year.
14.The job rate will increase by the annual adjustment and the other five steps calculated
as a % of the job rate.
15.The annual adjustment pay band increase is not automatic each year. It depends on
Municipality finances and affordability and is subject to annual Council approval through
the Operating Budget.
44
16. If the formula in a given year, results in a negative % the pay band grid will remain the
same as the previous year. In the following year the negative % will be netted against a
positive %.
17. If Council approves an annual adjustment through the Operating Budget, all staff with at
least satisfactory performance will have their pay increase by the amount of the increase
in their step
NEW AND RECLASSIFICATIONS
18. When a new position is created, or duties of an existing position change sufficiently that
a reclassification may be necessary, a new job description shall be written. The duties of
the new or revised position shall be rated by the CAO/Clerk, using the job evaluation
system. Based on this assessment, the position shall be placed in the appropriate salary
grade.
JOB EVALUATION SYSTEM
1. The Municipality utilizes a Job Evaluation System to determine the relative ranking of
position within the Municipality by means of systematic and detailed analysis of job
content. The Job Evaluation System provides for a salary administration plan designed
to compensate employees in a manner which is equitable, ensures internal equity, and is
in compliance with the Pay Equity Act.
JOB EVALUATION
2. Job evaluation is tool that is used to help establish the relative worth of all jobs within the
Municipality. It applies common factors that measure the worth of jobs so that fair and
equitable salary ranges can be applied to them. The job evaluation tool helps with the
establishment and maintenance of sound salary differentials between jobs. Job
evaluation builds a foundation for consistent administration and maintenance of salary
ranges. The CAO/Clerk is responsible for managing the Job Evaluation System.
3. Job evaluation reviews are generally initiated in response to:
Department restructuring;
New Positions; or
Significant changes in duties, responsibilities or accountabilities of existing job
that changes the scope of the job. It is applied to job requirements, not the
capabilities of individuals.
45
4. The Municipality is committed to reviewing the Job Evaluation System a minimum of
once every five (5) years.
ACTING PAY
1. The Municipality will provide acting pay to employees who are temporarily assigned to
perform the majority of responsibilities, including the essential elements of a higher
paying job classification, for more than the noted consecutive working days. The
following may apply:
2. No change in wage will result if the assigned job classification is lower than the
employee’s current classification, unless mutually agreed upon.
3. Where the employee is assigned to perform the majority of the duties of the higher rated
job classification, including the essential elements, the employee will be paid, at the
minimum rate of the assigned pay band of the higher rated job classification provided the
assignment is:
Minimum ten (10) consecutive full working days in a manager assignment; or
Minimum five (5) consecutive full working days in all other assignments.
4. Exception:
Where such a change results in an increase of less than 5%, the employee shall
receive
the next higher wage rate in the pay band; and
The employee’s new wage rate may never exceed the maximum of the higher
rated job classification.
SUCCESSION PLANNING
5. Employees selected for career grooming and development for promotion to high
rated job classification will be placed in a higher pay grade for a specified and a
greed upon timeframe (i.e., 12 to 18 months). The higher pay grade will be determined
based on the level of responsibility assumed during this period.
6. All temporary assignments and acting pay must have prior written approval from the
CAO/Clerk.
46
PAY ROLL ADMINISTRATION
PAY DAY
1. Employees will be paid bi-weekly with the pay period beginning on Monday and ending
on the second (2nd) Sunday following. Payment will be made by direct deposit to the
employee’s bank account on Friday.
2. Each employee will be provided a statement of gross earnings, vacation pay, and
deductions for the payroll period. Pay stubs will be distributed by the Treasurer and will
only be released to the employee.
3.In the event that a regularly scheduled payday falls on a day off such as a holiday,
employees will receive pay on the last day of work before the regularly scheduled
payday.
4. Salaried employees shall be paid on the basis of their annual salary divided by the
number of pays in each year.
5.A T4 will be distributed to employees and former employees with earnings for the
previous year, on or before February 28th of each year.
PAY ADVANCES
6.The Municipality does not provide pay advances on wages to employees.
ERRORS IN PAY
7.In the event that there is an error in the amount of pay, employees should promptly bring
the discrepancy to the attention of their manager. Any required corrections will be
documented and an adjustment will appear on the employee’s next pay stub.
PAY DEDUCTIONS
8.The Municipality must make certain deductions from every employee’s remunerations,
including applicable Federal and Provincial income taxes, Employment Insurance, and
Canada Pension, to the amounts stipulated by legislation. Membership of OMERS is
mandatory for regular full-time employees, and the amounts as directed by the plan are
deducted from each employee’s pay.
47
9. Where the Municipality offers programs and benefits beyond those required by law,
Employees will sign a form at the start of their employment authorizing non-statutory
deductions.
PAY GARNISHMENTS
10. The law requires the Municipality to comply with court-ordered payments and wage
garnishments when they are presented. Employees affected by wage garnishments or
court-ordered payments will be notified by the Payroll Administrator of any charges
against their wages.
11. No person acting on behalf of the Municipality may dismiss; threaten to dismiss;
discipline or suspend; impose any penalty upon; or intimidate or coerce any employee
because of a wage garnishment or court-ordered payment.
BENEFITS
STATUTORY BENEFITS
1. The Municipality pays the following benefits required by statute on behalf of all
employees and Members of Council where required:
Employer Health Tax (EHT)
Employment Insurance (EI)
Canada Pension Plan (CPP)
Workplace Safety and Insurance Board (WSIB)
MUNICIPAL BENEFITS
2. Permanent full time and part time employees are eligible to participate in the
Municipality’s group benefit plan, upon the successful completion of their probationary
period, or as specified in their employment contract.
3. Municipal benefits currently provide the following, in accordance with plan booklets:
Pension through Ontario Municipal Employees Retirement System (OMERS)
Vision and Dental Coverage
Extended Health Care
Life Insurance
Accidental Death & Dismemberment
Short-Term Disability
Long-Term Disability
48
4. Please see the group benefit plan booklet for more information and details about
benefits. New employees will be provided with a benefit booklet when they become
eligible for benefits. Benefits may change from time-to-time, in which employees will be
provided with reasonable notice of changes.
EMPLOYEE ASSISTANCE PROGRAM
5. Permanent employees and dependents have access to the London Employee
Assistance Consortium (LEAC). For more information please contact, 519-432-1821 or
visit the website http://www.leaceap.ca/index.htm.
PROFESSIONAL DEVELOPMENT & CONTINUING
EDUCATION
1. The Municipality encourages the ongoing professional development and continuing
education of employees, and provides financial assistance in accordance with this
policy.
MEMBERSHIP FEES
2. The Municipality may agree to reimburse employees for membership dues to
professional associations required or directly related to job duties, at the CAO/Clerk’s
discretion and prior approval.
SEMINARS, CONVENTIONS AND CONFERENCES
3. The Municipality shall offer the following assistance to employees attending approved
seminars, conventions and/or conferences:
Transportation expenses, including parking, of delegate to and from the seminar,
convention and/or conference. If delegate drives his/her own vehicle, he/she
shall paid at the mileage rate as set by Council. If the employee travels by train
or plane, a receipt is required.
All registration fees levied by the seminar, convention and/or conference.
Employees must have prior written approval from the CAO/Clerk, for all other
reasonable expenses otherwise the expense will not be reimbursed.
49
EDUCATIONAL ASSISTANCE
4.The Municipality may offer reimbursement of tuition fees to encourage employees who
have completed their probationary period, to upgrade their education and/or skills by
enrolling in part-time studies at recognized colleges or universities.
5.Reimbursement of educational costs is contingent upon submission of proof of the
successful completion of each course. All courses must receive approval prior to
commencement of the course. Employees will obtain approval from the CAO/Clerk.
While educational assistance is expected to enhance employee’s performance and
professional abilities, the Municipality cannot guarantee that participation in formal
education will entitle the employee to automatic advancement, a different job
assignment, or pay increases.
6.If the employee leaves employment shortly after their studies are completed, the timelines
and percent reimbursement required are as follows:
Timelines % Reimbursement
Within one year of completion of studies 100%
Within two years of completion of studies 66%
Within three years of completion of studies 33%
After three years of completion of studies 0%
LONG-TERM SERVICE AWARDS
1.The Municipality believes in recognizing long-term service commitment within the
Municipality. The Municipality recognizes their hard work over the years of service by
providing their employees with long term service awards.
2.The Municipality believes that with long-term service commitment of its
regular/permanent employees, it provides benefits to the Municipality, including but not
limited to:
Retention of valued expertise;
Organizational stability and lower turnover;
Creation of a positive and supportive work environment;
Identification of role models and the opportunity to encourage a sense of
community and shared purpose.
3.All permanent Municipal employees, volunteers, and members of Municipal committees
will be recognized with a service award at every five (5) year increments of service. The
50
initial hire date shall be used to determine length of service. In the event of a break in
service, a new initial hire date shall be established on the date of re-employment, and
previous service may not be counted.
51
SECTION FOUR:
WORKING HOURS,
ATTENDANCE AND
LEAVES
52
HOURS OF WORK
1.The Municipality has designed hours of work to deliver services in the most efficient and
effective manner. As such, the standard work week for departments may vary in
accordance with the nature of work that is performed.
HOURS OF WORK
2.The normal hours of work for full time office/clerical non-union employees will be 8:30
am to 4:30 pm, Monday to Friday inclusive. A normal working day shall consist of seven
(7) working hours and a normal working week of Thirty-five (35) working hours.
3. The normal hours of work for “outside” non-union employees shall be:
Roads Operations Supervisor 7:00am to 3:30pm Monday to Friday inclusive.
Chief Building Official (CBO) 8:00 am to 4:30 pm Monday to Friday inclusive.
Manager of Public Works 8:00 am to 4:30 pm Monday to Friday inclusive.
4.Other individual work schedules may be required for some positions. Such working
schedules shall be communicated to those employees in writing or stated within the
employee’s employment contract.
5.Staffing needs and operational demands may require changes to regular work hours and
requires prior approval from Supervisor. Employees are expected to be at work and ready
to perform the duties of their job when their shift starts. If you are to be late, you must let
your supervisor know within 30 minutes of their regular start time or as soon as possible.
FLEXIBLE TIME
6.Flexible scheduling, or flextime, is available in some cases to allow employees to vary
their starting and ending times each day within the Municipality’s core hours, 8:30am to
4:30pm. Arrangements must be approved in writing by the supervisor and CAO/Clerk.
Issues such as staffing needs, the employee’s performance, quality of service and the
nature of the job will be considered before approval of flextime. Employees should
consult with their supervisor to request participation in the flextime program. Note,
flextime is not time off in lieu of overtime.
REST AND MEAL BREAKS
7.Rest and meal breaks are provided to employees in excess of the requirements under
Employment Standards Act (ESA). In each working day, an employee shall be permitted
at such times as may be designated by their supervisor, the following:
53
Two (2), fifteen (15) minute paid break, to be taken in the morning and the
afternoon.
One (1) unpaid meal break.
8. Office personnel must take a one (1) hour unpaid meal break, between 11:30 am and
2:00 pm, at a time agreed to by the manager.
All breaks should be taken when adequate coverage is available within the department.
Employees are not to use/work through breaks to shorten the workday.
TIMESHEETS
9. Employees should accurately record all hours worked, including all vacation, public
holidays, sick/personal time and overtime worked. All non-union employees shall sign
and submit their timesheets to their supervisor by Monday, for approval. The supervisor
shall review and initial the timesheet and submit to payroll by Monday for processing.
ATTENDANCE AND PUNCTUALITY
10. It is expected that all employees report for work with enough time to be at their
workstation and ready to work at shift starting time. Work activity should commence at
starting times and continue until the normal designated stopping times for breaks, lunch,
or the end of work.
11. Failure to report to work on time or patterns of lateness may result in progressive
disciplinary action per the Municipalities Progressive and Corrective Discipline Policy.
OVERTIME
REGULAR EMPLOYEES
1. Non-management employees overtime worked over regular hours of work, will be paid at
one and one half times the employee’s rate of pay.
2. Only hours worked count towards the overtime threshold. Time on vacation, statutory
holiday, leaves, etc., does not count towards overtime.
3. All overtime worked must have the prior approval from the employee’s supervisor.
4. Employees may bank time to a maximum of eighty (80) hours per year of overtime.
54
MANAGEMENT EMPLOYEES
5.As per the Employment Standards Act (ESA), Managers and Supervisors do not qualify
for overtime pay if the work they do is managerial or supervisory and they perform non-
supervisory or non-managerial tasks on an irregular or exceptional basis.
6.In recognition of additional hour’s management employees may be required to work, the
Municipality allows employees holding management and/or supervisory positions to
bank up to one eighty (80) hours of paid straight time-off-in-lieu of overtime pay. The
eighty hours is in addition to eligible vacation entitlement and paid holidays. If the
manager doesn’t use their banked overtime during the calendar year it will be forfeited
and not eligible to be carried forward.
7.If an employee is uncertain as to whether they are classified as a manager and/or
supervisor in accordance with this overtime policy, please speak with the CAO/Clerk.
PAID PUBLIC HOLIDAYS
1.The Municipality recognizes twelve (12) days as public holidays and grants paid time off
work on these days, subject to the conditions outlined below. Note, this includes the
nine (9) days in accordance with the Employment Standards Act (ESA) and an additional
three (3) days designated at this time as paid holidays by the Municipality.
PAID HOLIDAYS
2.All employees are entitled to paid public holidays on each of the following:
New Year’s Day Civic Holiday
Family Day Labour Day
Good Friday Thanksgiving Day
Easter Monday Remembrance Day
Victoria Day Christmas Day
Canada Day Boxing Day
3.To be eligible for public holiday pay, employees must work the last scheduled day
immediately preceding and the first scheduled day immediately following the holiday.
Salaried employees will continue to receive their regular pay while off on a public
holiday.
55
4. A recognized holiday that falls on a Saturday may be observed on the preceding Friday.
A recognized holiday that falls on a Sunday may be observed on the following Monday.
If eligible employees work on a recognized holiday, they will receive pay at their regular
rate for hours worked plus another day off in lieu, with holiday pay.
FLOATING HOLIDAYS
5. In addition to the holidays noted above, the afternoon prior to Christmas Day and the
afternoon prior to New Year’s Day shall constitute additional paid holidays at employee’s
regular rates of pay. Provided however, that Christmas and New Year’s half holidays will
be observed on the working days preceding the respective holidays. Except when
Christmas Day and New Year’s Day falls on Saturday, Sunday or Monday in which case
the half-holiday will be observed on the preceding Friday afternoon. Subject to Council
direction, employees may be granted additional paid days off between Christmas and
New Year’s.
VACATION
1. At the Municipality each Supervisor is responsible for managing vacation schedules for
their respective departments, in a manner that is as fair as possible to all employees.
Vacation scheduling shall try to ensure minimum disruption of services within the
department.
VACATION ENTITLEMENT
2. The vacation entitlement year is based on the calendar year. Employees may not take
vacation time that has not yet been earned, unless otherwise approved by the
CAO/Clerk. Regular full-time employees are entitled to the following vacation time,
based on the number of full, completed years of employment. Part-time and contract
employees will be entitled to a prorated amount of vacation time, based on their regular
hours worked.
Years of Eligible Service (at
January 1st)
Vacation Entitlement (for that
year)
Less than One (1) year One (1) working day for every
completed month of service to a
maximum of ten (10) days
One (1) year Two (2) weeks
Five (5) years Three (3) weeks
Ten (10) years Four (4) weeks
56
Fifteen (15) years Five (5) weeks
Twenty (20) + years Six (6) weeks
3.For regular full-time employees, vacation must be taken as time off. No cash payment in
lieu of vacation time will be made. Vacations credits of up to one (1) week may be
carried over into the subsequent calendar year, if approved by the CAO/Clerk.
4.If a public holiday falls during an employee’s vacation time, the public holiday does not
count as a vacation day.
VACATION PAY
5. Salaried employees will continue to receive their regular pay while on vacation.
6.Hourly employees will earn vacation pay at the number of days indicated in the table
above, based on years of employment. Vacation time is paid on the employees gross
wages (including regular earnings, commissions, bonuses/gifts related to hours of work,
overtime pay and public holiday pay) at the time of vacation. Upon terminations of
employment, employees will be paid for outstanding vacation pay. Unused vacation
equals vacation earned (prorated to termination date) less vacation days already taken.
VACATION SCHEDULING
7.To take vacation, employees must submit a written request to their supervisor for
advance approval in writing. Requests will be reviewed based on a number of factors,
including business needs and staffing requirements. Up to two (2) weeks may be taken
at one time. More than two (2) weeks may be taken only with prior written approval of
the CAO/Clerk.
BEREAVEMENT LEAVE
1.Bereavement Leave shall be granted for attending a funeral and for bereavement
purposes commencing the first day following the death, as follows:
Five (5) working days immediately following the death of a spouse, child or step-
child.
Three (3) working days immediately following the death of a parent, grandchild,
grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or
parent of the employee’s current spouse.
Two (2) working days, to attend the funeral of the sister, brother, or grandparent
of the employee’s current spouse.
57
One (1) working day, to attend the funeral of an aunt or uncle, fellow employee, a
close friend or to serve as a pallbearer.
2. Paid leave of absence in respect of bereavement will only be allowed for days on which
the employee has been scheduled to work. Additional days may be granted with or
without pay, with the discretion of the CAO/Clerk.
JURY/COURT DUTY
1. Employees who is required to serve as a juror or subpoenaed as a witness in any court
in Ontario, shall be granted a leave of absence for the days on which the employee
would otherwise have been scheduled to work.
2. Employees shall be excused from work for the part of each day that the employee shall
actually render serve as a juror or as a witness.
3. Upon completion of his/her jury duty or witness service, such employees shall present to
his/her supervisor and/or CAO/Clerk a satisfactory certificate showing such period of
service. Such employee will be paid his/her regular earning for the period of such jury or
witness service provided he/she shall deposit with the Treasurer of the Municipality the
full amount of compensation received, excluding mileage and travelling expense, an
official receipt therefore. If the employee presents himself/herself for selection as a juror
and is not selected, then he/she shall be required to return to his/her regular
employment to complete his/her remaining normally scheduled work period.
4. Employees will be granted a maximum of twenty-four (24) hours of paid time off to
appear in court as a witness at the request of a party other than the Municipality.
Employees will be paid at their base rate, and are free to use any remaining paid leave
benefits (such as vacation time) to receive compensation for any period of witness duty
absence that otherwise would be paid.
VOTING LEAVE
1. Where legislation, as amended from time to time, requires and where, by reason of the
hours of his/her employment, an employee who is a qualified elector and who will not
have four (4) consecutive hours to work while the polls are open on a polling day at an
election, the employer shall, at the convenience of the employer, allow the employee
such time for voting as is necessary to provide the four (4) consecutive hours.
58
2.There will be no deduction from the pay of an employee or any penalty imposed on the
employee by reason of absence from work during the time allowed by the employer from
voting.
INCLEMENT WEATHER DAYS
1.The Municipality acknowledges that for those employees who commute to work, travel
can be impeded by weather, particularly in the winter months. In the event of inclement
weather, the CAO/Clerk will decide whether or not the Municipality facilities will be open
for that day. If closed, Management will arrange for all employees to be informed as
soon as possible.
2.If Municipal facilities are open, employees should make every reasonable effort to make
it to work on time. However, employees are not to endanger their personal safety in an
attempt to get to work. If you anticipate being unable to report to work or being late for
work because of inclement weather conditions, please contact your Manager as soon as
possible, to advise of your absence or delay.
3.Employees should not drive on closed roads or violate any Highway Traffic Act
regulations attempting to attend work.
4.In the circumstance that an employee is unable to get to work due to inclement weather,
the employee will not be paid for absent time. If available the employee may make up
their time absent (as business needs require) or use vacation pay and time instead with
their Manager's prior approval.
SICK LEAVE
1.The Municipality understands that on occasion employees are sick and unable to report
to work. As such the Municipality sets the following policy.
2.All full time employees are allowed twelve (12) days paid sick leave per calendar year.
The paid sick days are prorated for partial years employed with the Municipality and part
time hours.
3.Sick days must only be used for personal illness, immediate family illness or personal
emergency.
59
4.Permanent employees are entitled to use up to four (4) days per calendar years from
his/her sick leave entitlement to attend to a spouse, child and/or parent who are
personally ill.
5.Unused sick days are not paid out or carried over to the following year.
6. Employees, who are unable to report to work due to personal illness, are to advise their
immediate supervisor within 30 minutes of the start of their shift, indicating they are
unable to report to work due to personal illness.
7.An employee who is absent from work for reason of illness, may be requested to provide
a medical certificate to their supervisor. The employee is responsible for all costs
associated to obtaining doctors notes. Failure to comply with this section may result in
forfeiting pay, suspension or discharge from employment.
SHORT-TERM DISABILITY (STD)
8.Employees may be eligible for STD income after sick leave entitlements have been
utilized. The employee must apply to the carrier and obtain approval for these benefits.
9.STD benefits due to illness or non-occupational accident will be paid for a period of
continuous absence up to 119 calendar days at 75% of the employee’s regular pay.
10.Separate periods of disability occurring under this benefit will be considered one period
if:
They result from the same or related causes are separated by a period of six
consecutive months or less during which the employee returned to active
employment, or;
They result from entirely unrelated causes are separated by a period of less than
one full day during which the employee returned to active employment.
11.The cost of this plan will be paid 100% by the Municipality. Each employee who has
completed their probationary period shall be eligible for the program.
LONG-TERM DISABILITY (LTD)
12.Employees may be eligible for LTD income after STD leave entitlements have been
utilized. The employee must apply to the carrier and obtain approval for these benefits.
60
13.LTD benefits provides regular employees with 66.7% of basic monthly earnings (to a
maximum of $4,000 per month, payable to age 65, following the initial period of STD
coverage described above.
14.The cost of this pan will be paid 100% by the Municipality. Each employee who has
completed their probationary period shall be eligible for the program. To be eligible for
LTD benefits, an employee must have a medically determinable physical or mental
impartment that prevents the employee from performing the regular duties of their
position.
STATUTORY LEAVES OF ABSENCES
1.Eligible employees may apply for various types of unpaid leaves of absence in
accordance with the Employment Standards Act (ESA). These include, but are not
limited to:
Pregnancy or Parental Leave
Personal Emergency Leave
Family Medical Leave
Family Caregiver Leave
Domestic or Sexual Violence Leave
Crime Related Death Leave
Child Disappearance Leave
2.W hile an employee is on a statutory leave, maintenance of employee benefits will be
administered in accordance with the applicable legislation on the following basis:
Benefits plans for pensions, life insurance, accidental death, extended health,
and dental shall continue unless the employee elects in writing not to do so
and/or gives notice in writing that they don’t intend to pay the employees
premium contributions.
3.To learn more about these or additional statutory leaves, please visit the link or talk with
your supervisor: http://www.labour.gov.on.ca/english/es/pubs/brochures/br_leaves.php
61
DRESS, GROOMING AND PERSONAL HYGIENE
1.PURPOSE
Each employee has personal preferences regarding dress, grooming, and personal
hygiene. In order to maintain the professional image of the Municipality, and avoid any
misunderstanding or workplace tension and conflict, this policy sets out certain minimum
standards the Municipality expects for appropriate dress, grooming, and personal hygiene.
2.SCOPE
This policy applies to all employees immediately upon hire.
3.RESPONSIBILITY
Employees are expected to comply with the spirit of this policy and be sensitive to the
concerns and needs of their fellow employees. Supervisors are accountable for ensuring
their staff comply with this policy in spirit. The CAO is available to adjudicate any questions
on dress, grooming, and personal hygiene.
4.POLICY
4.1 This policy intentionally does not set out a detailed list of do's and don'ts, or rules.
Common sense of what is professional and considerate of others should prevail.
4.2 All Municipal employees that work in the office will dress in appropriate "business
casual" attire, as they will be meeting residents, clients, suppliers, and other
stakeholders.
4.3 The following list is consider “not” to be appropriate business attire:
•Ripped or torn clothing
•Sweat pants or work out gear
•Tank tops
•Muscle shirts
•Dresses with spaghetti straps
•Dirty or stained clothing
•Suggestive or offensive attire
4.4 All employees should comply with good habits of grooming and personal hygiene
and wear clothing that is clean and well maintained.
4.5 All Municipal employees that work outside the office will wear attire that is
appropriate for their duties and contacts. Some employees will be required to wear
personal protective clothing such as hard hats, gloves, footwear, vests, etc., under
regulations contained in the Municipalities Health and Safety program.
62
4.6 More formal and conservative attire may be required at Municipal social events,
conferences, trade shows, and education events.
4.7 Some employees are sensitive to strong perfumes, colognes, or other scents, so be
considerate and avoid using.
4.8 On Dress Down Fridays, you may dress more casually; however, you should still
maintain a presentable appearance.
4.9 The interpretation of this policy is subject to Municipal discretion. The Supervisor
will discuss any non-compliance within the spirit of this policy, with the employee,
and ask for a change of behaviour. If there is a second occurrence, the employee
may be sent home to change.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: December 21, 2017
REPORT: CAO-86/17
SUBJECT: DOORS OPEN EAST ELGIN
BACKGROUND
On December 5, 2017 Ontario Heritage Trust sent 2018 Doors Open registration to the Town of
Aylmer.
On December 11, 2017 the Council of the Corporation of the Town of Aylmer passed the
following resolution:
THAT the Town of Aylmer Council requests the Township of Malahide and the
Municipality of Bayham to defer the 2018 Doors Open East Elgin event, and
consider holding the event in 2019, in order to ensure the availability of the
necessary time and resources required to plan this event.
DISCUSSION
Doors Open Ontario is a program coordinated by the Ontario Heritage Trust. The Ontario
Heritage Trust works with communities across the province to open the doors, gates and
courtyards of their unique and most fascinating cultural sites so the public can explore the
stories hiding inside. Every April to October, through Doors Open, Ontario’s heritage treasures
are open to the public with free events across the province. From historical houses to modern
marvels of construction, Doors Open Ontario showcases the buildings, natural spaces,
infrastructure and cultural landscapes that shape and define Ontario communities.
The basic premise of this program is to invite people to visit sites of interest that are not
normally open to the public – for free. There may be value-added tours or on-site gift shops that
will cost extra. But access to the building during the Doors Open event is free of charge. Across
Ontario Doors Open statistics are as follows:
•43 events hosted in 145 communities, representing 71 municipalities and 1,021
buildings/sites
•Of the 30 per cent of participants who came from outside the host community, 71 per
cent travelled specifically to participate in Doors Open Ontario
Doors Open East Elgin was held on September 16, 2017. Statistics for Doors Open East Elgin
Events are as follows:
DOORS OPEN EAST ELGIN STATISTICS
2013 2015 2016 2017
Sites 21 23 17 10
Bayham Sites 10 8 5 8
Visits 1,307 1,375 614 539
Sites Not Normally Open to the
Public 0 0 0 0
Total Paid Hours 368 140 160 90
Volunteers 39 91 40 4
Volunteer Hours 524 420 240 41
The 2017 Municipality of Bayham sites were the Straffordville Library, Port Burwell Library,
Marine Museum and Lighthouse, Mennonite Clearance Centre, Port Burwell Trinity Church,
Periscope Playhouse and the Bayham Family Table. The total attendance was 330, with 223 of
those visitors attending the municipal sites.
In 2017 the Township of Malahide, City of St Thomas and Municipality of Central Elgin chose to
reallocate tourism funds elsewhere and did not take part in the Doors Open Program.
The Municipality of Bayham generally allocates the Bayham portion of the registration fee from
the Tourism Operating Budget. Staff time is unallocated and is drawn from the General
Government line.
Generally the duties of the coordinating Municipality, which was the Municipality of Bayham in
2016, are as follows:
• Contact partner municipalities to determine interest, register and submit registration fee;
• Invoice partner municipalities;
• Send emails to previous participants to inquire if they wish to participate;
• Send event listing sheets;
• Collect participant information from partner municipalities;
• Inquire from partner municipalities regarding numbers for supplies;
• Order supplies and provide to partner municipalities;
• Send reminder emails to partner municipalities and event locations;
• Obtain information sheets from participants, event listing sheets and insurance
certificates;
• Input all participant information and photos on Doors Open Website;
• Update Doors Open Website as participant information is provided;
• Update Municipal Website with Event Information;
• Create flyer and ad once all participant information is received;
• Print and provide participants surveys, flyers listing all sites, surveys, visitor tallies etc.
required for the day;
• Contact participants to pick up supplies;
• Have partner municipalities pick up supplies or deliver to coordinating municipality;
• After event follow up for receipt of signs, surveys, visitor tallies etc.;
• Complete and submit required information to Doors Open following event;
• Community Organizer Evaluation Form - calculate using information sheets received
from sites;
Generally the work for Doors Open East Elgin begins in December the year prior and is ongoing
until after the event date.
As 2018 is an election year staff would respectfully recommend the Municipality of Bayham not
take part in Doors Open as staffing resources are required elsewhere. Further, as community
involvement in the program has declined and various municipalities withdraw from the program
staff wanted to again present Council with background information on the program and present
the option of allocating resources elsewhere.
RECOMMENDATION
1.THAT Report CAO-86/17 re Doors Open East Elgin be received for information.
2.AND THAT the Municipality of Bayham not take part in Doors Open 2018.
Respectfully Submitted by:
Paul Shipway
CAO
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2017-120
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
JOHNSTON BROS. (BOTHWELL) LTD.
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Johnston Bros. (Bothwell) Ltd. for Supply and Placement of
Granular Materials
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule “A” and forming part of this by-law between Johnston
Bros. (Bothwell) Ltd. and the Municipality of Bayham;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF
DECEMBER 2017.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2017-121
BEING A BY-LAW TO REGULATE
FIRES IN THE MUNICIPALITY OF BAYHAM
WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, states
that a Council of a Municipality may pass by-laws regulating fire prevention, including the
prevention of the spreading of fires, and regulating the setting of open air fires, including
establishing the times during which open air fires may be set;
AND WHEREAS Division B Part 2 of the Ontario Fire Code, O.Reg. 213/07, provides that open
air burning shall not be permitted unless approved or unless such burning consists of a small,
confined fire, supervised at all times, and used to cook food on a grill or barbecue;
AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that despite any Act, a Municipality and a local board may pass by-laws imposing fees
or charges on any class of person for services or activities provided or done by or on behalf of it
or for costs payable by it for services or activities provided or done by or on behalf of any other
municipality or local board;
AND WHEREAS Section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
permits a municipality to pass by-laws respecting the environmental well-being of the
municipality and the health, safety, and well-being of persons;
AND WHEREAS Section 125 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits
a municipality to regulate the use and installation of heating appliances and the storage of fuel
for use in heating appliances;
AND WHEREAS the Council of the Municipality of Bayham desires to lessen the risk to life and
property from the potential air pollution from wood burning appliances;
AND WHEREAS the Council of the Municipality of Bayham is desirous of enacting a by-law to
regulate the setting of fires;
NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS
AS FOLLOWS:
SHORT TITLE
This By-law may be cited as the ‘Burning By-law’.
1. DEFINITIONS
For the purposes of this by-law
1.1 “Approved” means approved by the Fire Chief or designate.
1.2 “Authorized Agent” means any Responsible Person who can provide reasonable
evidence that they are authorized to act for the Owner of a particular property.
1.3 “Ban” on Open-Air fires means a restriction or prohibition on Open-Air fires issued by
the Fire Chief.
1.4 “Building” means any structure used or intended for supporting or sheltering any use
or occupancy, but does not include a non-enclosing open-sided structure.
1.5 “Burn Permit” means a written conditional authorization in the form of Form 1 – Burn
Permit (Schedule C), issued and administered by the Municipality to set or maintain
an Open-Air fire, in accordance with any restrictions and conditions contained in this
By-Law or as may be specified on the Burn Permit.
1.6 “Chiminea” means a device largely made from pottery and which is equipped with a
chimney and a substantially enclosed hearth in which a recreational fire may be set.
1.7 “Combustible” means any material, combination of materials, or arrangement of
materials in which any portion thereof is susceptible to catch fire when exposed to
heat, flame, or other burning materials.
1.8 “Council” means the Council of the Corporation of the Municipality of Bayham.
1.9 “Effective Barrier” means an enclosure on the ground with a complete perimeter of
metal, masonry, stone or earth, with the enclosure walls having a minimum height
from the ground of at least 1/3 the measured diameter or width, as the case may be,
based on the applicable shape of the enclosure.
1.10 “Exempt” means that, under specified conditions, a particular type or configuration of
Open-Air fire does not require a Burn Permit.
1.11 “Fire Code” means the Ontario Fire Code, O. Reg. 213/07, as enacted under the
Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended.
1.12 “Fire Chief” means the assistant to the Fire Marshal who is the Municipal Fire Chief
or a member or members of the Fire Department appointed by the Municipal Fire
Chief under Article 1.1.1.2 of Division C of the Fire Code or a person appointed by
the Fire Marshal under Article 1.1.1.1 of the Fire Code.
1.13 “Fireworks” means a consumer device containing gunpowder and other combustible
chemicals that causes an explosion when ignited and classified by the Canada
Explosive Regulations as low hazard fireworks for recreation (Class 7.2.1).
1.14 “Flying Lantern” means a small hot air balloon fueled by an open flame and when
released, the hot air produced by the fuel source can lift the lantern to substantial
heights and allows it to drift for long distances.
1.15 “Incinerator” means a device that is operated and Regulated, including but not
limited to licensing under a Certificate of Approval from the Ontario Ministry of the
Environment and which is not subject to the requirements of this By-law.
1.16 “Made Safe” means that all reasonable and prudent steps are taken to guard
against the spread of fire due to rekindling by ensuring all combustible materials are
wet or have been removed or consumed and no further heat is being generated.
1.17 “Multi-unit Residential Building” means any building in which there are three or more
residential dwelling units as defined by the Ontario Building Code.
1.18 “Municipal Law Enforcement Officer” means that person, or persons, appointed by
Council of the Municipality of Bayham for the purpose of enforcing Municipal By-
laws or designates, including Municipality of Bayham Fire Department Officials.
1.19 “Municipality” means the Corporation of the Municipality of Bayham.
1.20 “Occupancies” means the use or intended use of a building or part thereof as
defined in the Ontario Building Code.
1.21 “Open-Air fire” means:
1.21.1 any fire set outdoors;
1.21.2 but does not include:
1.21.2.1 fires in Incinerators; or
1.21.2.2 fires in devices installed outside of a building that are used as a source of
heat or power for the building or that are ancillary to a manufacturing
process, operated within such building and provided that such device is
certified for by a recognized and appropriate agency for a purpose
requiring the containing of a fire.
1.22 “Owner” means an owner, lessee or occupant of lands and/or premises with the
territorial limits of the Municipality of Bayham.
1.23 “Person” means any individual, association, firm, partnership, corporation, agent, or
trustee and their heirs, executors, or other legal representation of such person.
1.24 “Responsible Person” means any adult person (18 years of age or older) who, in the
opinion of a Municipal Law Enforcement Officer, is capable of exercising the
required judgment and capable of performing the necessary actions to control a fire
and prevent its unwanted spread.
1.25 “Rural Area” means any lands located outside of the Urban Areas as designated in
the Municipality of Bayham Zoning By-law No. Z456-2003 as amended.
Notwithstanding the boundaries listed in Zoning By-law No. Z456-2003, as
amended, any particular property falling within a designated Urban Area boundary
that meets the following zoning categories is considered a Rural Area for the
purposes of this By-law:
1.25.1 Hazard Lands (HL), but only that portion that is within 30 meters (98.43 feet) of
the Lake Erie shoreline;
1.25.2 Open Space (OS);
1.25.3 Tourist Commercial (C3) but only that portion being used as a campground.
1.26 “Solid Fuel Heating Appliance” means a heating appliance capable of burning solid
fuel and capable of being used for comfort or heating.
1.27 “Structure” means anything constructed or erected, the use of which requires
location on or in the ground.
1.28 “Urban Area” means, for the purposes of this By-law, an area that is not a Rural
Area as defined in Section 1.24 above.
2 RESTRICTIONS ON BURNING
2.1 No person shall set or maintain an Open-Air fire except;
2.1.1 an Exempt fire as described in Section 3 of this By-law; or
2.1.2 as is permitted under the conditions of an issued Burning Permit as defined in
Section 5 of this By-law.
2.2 No person shall set or maintain any Open-Air fire where the fuel is any material
other than those materials outlined in Schedule “A”, forming part of this By-law.
2.3 No person shall use or permit the use of a Solid Fuel Heating Appliance that is
fueled by any material other than those materials outlined in Schedule “A”, forming
part of this By-law.
2.4 No person shall set off, or cause to be set off, at any time, any Flying Lanterns
anywhere in the Municipality of Bayham.
2.5 No person shall set, maintain or permit a Fire to be set or maintained, contrary to
any provision of this by-law.
2.6 No person shall contravene any conditions of a Permit issued under the provisions
of this by-law.
2.7 No person shall contravene any conditions of setting or maintaining a Fire under the
provisions of this by-law.
2.8 No person shall contravene any Order issued under the provisions of this By-law
2.9 No person shall fail to comply with any Order issued under the provisions of this By-
law
3 EXEMPT FIRES
The following types of Open-Air fires are Exempt and such fires may be set and maintained
anywhere in the Municipality of Bayham provided that the conditions in this By-law are fully met;
3.1 Cooking Fires
3.1.1 A charcoal, compressed gas, or wood fire, that is only large enough for the
cooking purpose described below, and is confined within a barbecue or grill that
is constructed of metal, ceramic, stone, or masonry, and that is exclusively
designed for and being used for the cooking of food for human consumption, and
is continuously supervised by a Responsible Person, and provided that all of the
following conditions are met;
3.1.1.1 such fire is not on a porch, balcony, or verandah that is roofed and is
attached to a Multi-unit Residential Building; and
3.1.1.2 such fire is not in within three 4 meters (13.1 feet) of dry vegetation; and
3.1.1.3 such fire is not set or maintained in any place that by its design, material
burned, or use of those of the surrounding lands is conducive to the
development or the spread of fire or explosion.
3.2 Construction or Maintenance Activities
3.2.1 An appliance of a portable nature which requires an open flame for the heating
of a material during a construction or maintenance process, provided such
appliance is safe to operate, and provided that it is not operated in such a
manner as to create a fire hazard, and provided that the fire is attended and
supervised at all times by a Responsible Person.
3.3 Other Flaming Devices
3.3.1 Patio torches, candles or Fireworks provided that all of the following conditions
are met:
3.3.1.1 such devices are not operated within 4 meters (13.1 feet) of dry
vegetation; and
3.3.1.2 such devices are not operated in any other place conducive to the
development or the spread of fire or explosion, and
3.3.1.3 such devices are permitted or licensed by By-law.
3.4 Recreational Fire
3.4.1 With the permission of the subject property owner, a recreational fire on privately
owned lands provided that such campfire meets all of the following:
3.4.1.1 the fire is for the provision of warmth, recreation or cooking; and
3.4.1.2 the area designated for the fire is not more than 66 centimeters (26
inches) in any horizontal dimension; and
3.4.1.3 all materials to be burned are contained around the complete perimeter of
the designated area by an Effective Barrier of metal, masonry, ceramic,
or stone, or are within a like-dimensioned pit in the ground; and
3.4.1.4 the pile of materials to be burned is not more than 66 centimeters (26
inches) in height; and
3.4.1.5 the fire is located at least 4 meters (13.1 feet) from any building,
structure, property line, tree, canopy, hedge, fence, roadway ,overhead
wire or other combustible material; and
3.4.1.6 the fire is controlled such that flames and hot embers do not pose an
undue risk of fire to nearby Combustible materials; and
3.4.1.7 a means to extinguish the fire is readily available; and
3.4.1.8 the fire is attended and supervised at all times by a Responsible Person;
and
3.4.1.9 at the completion of the burn, the fire shall be completely extinguished
and shall be Made Safe before it is left unattended.
3.5 Burn Barrels
3.5.1 An enclosed fire in a Burn Barrel on privately owned lands that are located in a
Rural Area provided that all of the following are met:
3.5.1.1 the Burn Barrel is situated securely on level ground; and
3.5.1.2 the Burn Barrel is in good condition; and
3.5.1.3 all openings in the Burn Barrel are covered at all times by a suitable
metal wire mesh with a grid openings of not more than 6 mm (1/4 inch) in
diameter; and
3.5.1.4 the fire is attended and supervised at all times by a Responsible Person;
and
3.5.1.5 the fire is controlled such that flames and hot embers do not pose an
undue risk of fire to Combustible materials 4 meters (13.1 feet) of the
Burn Barrel.
3.6 Chiminea
3.6.1 A fire in a Chiminea on any privately owned lands provided that such fire meets
all of the following:
3.6.1.1 is in an Urban Area and no portion of the hearth of the Chiminea is more
than 61 centimeters (24 inches) in diameter, and
3.6.1.2 all openings in the Chiminea are completely covered at all times by a
suitable metal wire mesh with a grid openings of not more than 6 mm (1/4
inch) in diameter; and
3.6.1.3 only clean and dry wood or charcoal be burned; and
3.6.1.4 the Chiminea is not located on any Combustible surface, and
3.6.1.5 the fire is controlled such that flames and hot embers do not pose an
undue risk of fire to any Combustible materials; and
3.6.1.6 the fire is attended and supervised at all times by a Responsible Person.
4 CONDITIONS ON EXEMPT FIRES
Any person who sets or maintains an Exempt Fire as provided for in Section 3 of this By-law
shall be responsible to take all necessary steps to ensure that all of the following conditions are
met:
4.1 Smoke
4.1.1 The smoke or other emissions from the fire shall not travel across any public
roadway to an extent or degree that it may cause a public safety hazard to any
person traveling on the highway, including but not limited to, travel as a
pedestrian or as an operator of a motor vehicle.
4.2 Clearances (unless otherwise stated)
4.2.1 The fire shall be located a distance of at least 4 meters (13.1 feet) horizontally
and 10 meters (32.8 feet) below any portion of any Combustible structure or
accumulation of Combustible materials.
4.3 Materials Restricted
4.3.1 Except as may be more specifically restricted elsewhere in this by-law, only the
materials listed on Schedule A shall be permitted to be burned.
4.4 Extinguishment
4.4.1 At the completion of the burn, the fire shall be completely extinguished and the
burn site shall be Made Safe before it is left unattended.
5 BURN PERMITS
5.1 The Fire Chief or designate shall issue written Burn Permits to owners of property in
a Rural Area, or to the Authorized Agent of the owner of such property, permitting a
Responsible Person to burn Schedule A materials, under all of the following
conditions:
5.1.1 All the conditions of Section 4 of this By-law shall apply equally to Burn Permitted
fires.
5.1.2 Constant supervision of the fire shall be maintained by a Responsible Person
with the necessary means immediately available to extinguish the fire or limit its
spread and in addition having the means readily at hand to summon the fire
department.
5.1.3 The property owner shall be held responsible and shall be liable individually and
severally for the actions of their Authorized Agent with respect to the provisions,
conditions, and penalties contained in this By-law.
5.1.4 No person shall conduct an Open Air burn on either any public road allowance or
municipal property unless such burning is being conducted by authorized
employees or Authorized Agents of the Municipality of Bayham.
5.1.5 The size of any pile of materials to be burned:
5.1.5.1 shall not exceed 9 square meters (96.84 square feet) in area and 2
meters (78.75 inches) in height, as measured from the ground level,
unless specifically approved under an exemption; and
5.1.5.2 in the case of an area zoned Agricultural, shall not exceed 36 square
meters (387.36 square feet) in area and 2 meters (78.75 inches) in
height, as measured from the ground level, unless specifically approved
under an exemption; and
5.1.6 The days of the week and the hours of the day during which the Burn Permit is
valid are indicated on the permit. Burning shall not be allowed between ½ hour
after sunset and ½ hour before sunrise unless specifically approved under an
exemption.
5.1.7 An expiry date shall be indicated on the Burn Permit. In no case shall a Burn
Permit have an expiry date of that exceeds December 31st of the year of issue.
The expiry date on a Burn Permit shall not be extended due to any suspension of
the permit.
5.1.8 Permit fees are specified in the current Municipality of Bayham Fees By-Law.
5.1.9 The fee collected for each Burn Permit is non-refundable regardless of whether
or not the privileges granted under the permit have been exercised. No
adjustment or refund of fee shall be provided due to suspension or revocation of
any Burn Permit.
5.1.10 All Burn Permits are automatically suspended on any day when there is a smog
advisory or alert issued for that day, as applicable to the area for which the burn
Permit is issued, by the Ontario Ministry of Environment and Energy.
5.1.11 All valid Burn Permits are automatically suspended during such periods and in
such areas where gusting or sustained wind speeds exceed 20 kilometers per
hour (12.43 miles per hour).
5.1.12 All valid Burn Permits are automatically suspended during such periods and in
such areas where the Fire Chief has determined that there exists a High or
Extreme Fire Weather Index (FWI) or other hazardous conditions and issues a
Burn Ban.
5.1.13 The Burn Permit shall specify as the 911 address of the location of the intended
fire. Separate Burn Permits will be required for properties at different addresses.
5.1.14 The holder of a Burn Permit shall advise Fire Communications before any
burning commences and again when the fire is extinguished.
5.1.15 The holder of a Burn Permit shall keep it or a legible copy of it at the location of
the fire specified on the Burn Permit.
5.1.16 Any Burn Permit holder who is in violation of this By-law shall have their Burn
Permit summarily revoked and all fires shall be immediately extinguished or shall
be caused to be extinguished.
5.1.17 Burn Permits are non-transferable.
6 BURNING OF RUBBISH PROHIBITED
6.1 No person shall install, use, and/or maintain an unlicensed incineration device for
the burning of garbage or other refuse in any class or classes of Building.
7 FIRE BAN
7.1 Despite the existence of valid Burning Permits, the Fire Chief may issue a Ban on
any or all Open-Air Fires or may suspend without recourse any or all Burning
Permits and cause to be extinguished any or all Open-Air Fires (whether Permitted
or Exempt) until such conditions as the Fire Chief may indicate are met.
8 RIGHT TO ENTER AND ENFORCE
8.1 Municipal Law Enforcement Officers shall have the right to enter at all reasonable
times upon any property in order to ascertain whether this By-law is being obeyed,
and to enforce or carry into effect the By-law.
9 FIRE DEPARTMENT EXEMPT
9.1 Any fires under the direct and constant supervision and control of the Municipality of
Bayham Fire Department are exempt from the provisions of this by-law.
10 PENALTY
10.1 Every person who contravenes or who causes or permits a contravention of any
provision of this by-law is guilty of an offence and upon conviction is liable to a fine
as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33.
10.2 Every person who knowingly provides false or misleading information for the
purposes of obtaining a Burning Permit is guilty of an offence and upon conviction is
liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33.
10.3 If a contravention of any provision of this by-law occurs, the contravention may be
presumed to have been committed by the owner of the land on which the
contravention occurred, which presumption may be rebutted by evidence to the
contrary on a balance of probabilities.
10.4 If a Municipal Law Enforcement Officer is satisfied that a Solid Fuel Heating
Appliance is being used in contravention of the by-law, the Municipal Law
Enforcement Officer may make an oral order requiring any one or more of the
person who is contravening the by-law, the person who caused or permitted the
contravention, or the person who owns or occupies the land on which the
contravention is occurring, to discontinue the contravention immediately.
10.5 If the contravention of this By-law results in fire suppression or fire safety personnel
and vehicles being dispatched to respond, the person in control of the fire and/or the
property owner may be charged, at the discretion of the Fire Chief, for the cost of
such response according to the rates published in the current Municipality of
Bayham Rates and Fees By-Law. However, nothing in any schedule of rates shall be
construed as limiting the rights of the Municipality to seek restitution for other direct
or consequential damages or costs incurred beyond those listed.
10.6 The quantity and type of fire vehicles and personnel dispatched to respond for the
purposes of extinguishing, controlling, or investigating any fire are at the discretion
of the Fire Chief.
11 VALIDITY
11.1 In the event that any of the provisions of this By-law are deemed ultra-vires by any
Court of competent jurisdiction, the remaining terms and provisions shall remain in
full force and effect.
12 REPEAL
12.1 That By-law No. 2006-047of the Municipality of Bayham is hereby repealed in its
entirety.
13 EFFECTIVE DATE
13.1 This by-law shall come into force and effect on the date of final passage thereof
and approval of Set Fines.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF
DECEMBER, 2017.
___________________________ _____________________________
MAYOR CLERK
SCHEDULE A
By-law No. 2017-121
All materials other than those listed below are specifically prohibited from being burned
wood and wood by-products that have not been chemically treated, painted or stained
paper and cardboard
brush, stumps, hay, straw, grass and other yard, garden or agricultural materials
natural or petroleum gases or liquids used as appliance fuels
charcoal materials intended for B-B-Q use.
other clean burning Combustible materials that may be specifically Approved by the Chief
Fire Official.
SCHEDULE B
DEFINED URBAN AREAS By-law 2017-121
Explanatory note: “Urban Areas” include all areas shown on the following zoning by-law
schedules except those portions of these areas that are considered a Rural Area
according to Section 4 of this By-law.
Community
Name By-law Schedule
Calton Z456-2003 as amended G
Corinth Z456-2003 as amended B
Eden Z456-2003 as amended D
North Hall Z456-2003 as amended C
Pt. Burwell Z456-2003 as amended I
Richmond Z456-2003 as amended E
Straffordville Z456-2003 as amended F
Vienna Z456-2003 as amended H
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2017-122
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
GARY D. ROBINSON CONTRACTING LTD.
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Gary D. Robinson Contracting Ltd. for sliplining of culverts
associated with the reconstruction of Springer Hill Road;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule “A” and forming part of this by -law between Gary D.
Robinson Contracting Ltd. and the Municipality of Bayham;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21th DAY OF
DECEMBER 2017.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2017-123
BEING A BY-LAW TO
ADOPT A CODE OF CONDUCT POLICY FOR COUNCIL AND LOCAL BOARDS TO
PROMOTE ACCOUNTABILITY AND TRANSPARENCY IN MUNICIPAL GOVERNANCE
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality with the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act;
AND WHEREAS Part V.1, Accountability and Transparency, Section 223.2(1) of the
Municipal Act, 2001, c. 25, as amended authorizes a Municipality to establish codes of
conduct for members of council of the Municipality and of local boards of the Municipality;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
further necessary to adopt a new Code of Conduct Policy reflecting the required ethical and
legal requirements for all members of the Council of the Municipality and of local boards of
the Municipality for all deliveries of services;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Bayham enacts as follows:
1. THAT a Code of Conduct for Council and Local Boards attached as Schedule “A”
be adopted.
2. THAT By-law No. 2014-103 be repealed in its entirety.
3. THAT in the event that section or sections of this by-law thereof are found by a
Court of competent jurisdiction to be invalid or ultra vires, such section, sections or
parts thereof shall be deemed to be severable, with all other sections or parts of this
by-law remaining in the full force and effect.
4. THAT this by-law shall take effect upon its adoption.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF
DECEMBER 2017.
____________________________ _____________________________
MAYOR CLERK
CODE OF CONDUCT
FOR MEMBERS OF COUNCIL
AND LOCAL BOARDS OF THE
CORPORATION OF
THE MUNICIPALITY OF BAYHAM
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 2
Table of Contents
PART 1: PREAMBLE: ................................................................................................................. 3
PART 2: DEFINITIONS ............................................................................................................... 3
PART 3: APPLICATION .............................................................................................................. 4
PART 4: PURPOSE .................................................................................................................... 4
PART 5: GENERAL DUTIES ...................................................................................................... 5
PART 6: CONFLICT OF INTEREST ........................................................................................... 5
PART 7: GIFTS AND PARTICIPATION AT EVENTS .................................................................. 6
PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS & MUNICIPAL STAFF ......... 8
PART 9: IMPROPER USE OF INFLUENCE ............................................................................... 8
PART 10: CONFIDENTIAL INFORMATION ................................................................................ 9
PART 11: COMMUNICATIONS AND MEDIA RELATIONS ......................................................... 9
PART 12: MUNICIPAL ELECTION CAMPAIGNS ..................................................................... 10
PART 13: CONDUCT OF FORMER MEMBERS ....................................................................... 10
PART 14: USE OF MUNICIPAL PROPERTY............................................................................ 10
PART 15: NEPOTISM ............................................................................................................... 11
PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER ................................................. 11
PART 17: REPRISALS ............................................................................................................. 11
PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS:...................................... 12
18.1 REQUIREMENTS ................................................................................................ 12
18.2 MUNICIPAL POLICIES………………………………………………………………… 12
PART 19: COMPLIANCE / ACCOUNTABILITY / ENFORCEMENT .......................................... 12
PART 20: OTHER COMPLAINCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO
THE INTEGRITY COMMISSIONER ............................................................................. 15
PART 21: JUDICIAL INVESTIGATION ..................................................................................... 16
PART 22: SUMMARY ............................................................................................................... 18
COUNCILLOR ACKNOWLEDGEMENT ................................................................................. 19
Appendix A ................................................................................ Error! Bookmark not defined.
Appendix B ............................................................................................................................. 21
Appendix C ............................................................................................................................. 23
Appendix D ................................................................................ Error! Bookmark not defined.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 3
PART 1: PREAMBLE
Members have important obligations and responsibilities to those they represent, service and
interact with in connection with carrying out the roles and duties attending a Member's office.
The purpose and intent of this Code of Conduct is as follows:
(i) To establish guidelines for ethical conduct required of Members;
(ii) To establish guidelines to encourage and ensure interpersonal conduct,
communications and interactions consistent with legal requirements (i.e.
Occupational Health and Safety Act, Ontario Human Rights Code); and
(iii) To provide mechanisms to ensure accountability and compliance with the required
ethical and interpersonal conduct standards of this Code of Conduct.
PART 2: DEFINITIONS
2.1 "Censure" means an official expression of disapproval or condemnation.
2.2 “Clerk” shall mean the Clerk of the Municipality of Bayham.
2.3 “Closed Meeting” shall mean a meeting or part of a meeting of Council not open to the
public in accordance with the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended.
2.4 “Committee” shall mean an Advisory Board or Committee established by Council.
2.5 "Complaint" shall mean an alleged violation of this Code.
2.6 "Confidential Information" includes information in the possession of the Municipality that
the Municipality is prohibited from disclosing under the Municipal Freedom of Information
and Protection of Privacy Act, the Personal Health Information Protection Act, 2004 and
other applicable legislation. Confidential Information also means any information that is of
a personal nature to Municipal employees or clients or information that is not available to
the public and that, if disclosed, could result in loss or damage to the Municipality or could
give the person to whom it is disclosed an advantage. Confidential Information includes
items disclosed or discussed at closed sessions of Council and Committee meetings.
2.7 "Council" shall mean the elected officials who constitute municipal council for the
Corporation of the Municipality of Bayham.
2.8 "Employee" shall mean a person employed by the Municipality, including those employed
on personal service contracts and volunteers, but does not include members of Council.
2.9 "Gift" includes any cash or monetary equivalent fee, object of value, service, forbearance,
preferential treatment or personal benefit received from a third party.
2.10 “Good Faith” shall mean accordance with standards of honesty, trust and sincerity as
practiced and understood within the Municipality of Bayham.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 4
2.11 "Integrity Commissioner" shall mean a person appointed by Council to provide
independent and consistent complaint investigation and resolution respecting the
application of the Code of Conduct.
2.12 "Immediate Relative" shall mean a parent, child, sister, brother, sister-in-law, brother-in-
law, father-in-law, mother-in-law, as well as step-relationships.
2.13 "Lobby" or “lobby” shall mean to communicate with a member outside of a public process
about matters of interest or benefit to the lobbyist and their client business organization.
Communication may be about a bylaw or resolution on any matter that requires a decision
by Council, a local board, or delegated decision-maker and includes matters regarding
policies or programs, the purchase of goods and services and the awarding of contracts,
applications for a service grant, planning approval, or other licence.
2.14 "Media" includes any entity such as radio, television, newspaper, magazine, websites,
blogs, social media, twitter feeds or other vehicles for the public dissemination of
information.
2.15 “Member” means any member of Council, and includes the Mayor and any member of the
public appointed to a committee or advisory board.
2.16 “Meeting” shall mean any regular, special or other meeting of Council.
2.17 "Pecuniary Interest" shall mean an interest that has a direct or indirect financial impact or
as defined under the Municipal Conflict of Interest Act, as amended.
2.18 "Spouse" shall mean the person to whom a Member is married or with whom the Member
is living in a conjugal relationship.
PART 3: APPLICATION
3.1 This Code of Conduct applies to the Mayor, Deputy Mayor and all Members of Council and
members of the public appointed to committees and advisory boards.
PART 4: PURPOSE
4.1 A Member's conduct and behavior in terms of ethics and interpersonal conduct and
communications are regulated by legislative acts including but not limited to:
a) Criminal Code of Canada;
b) Human Rights Code;
c) Municipal Act, 2001;
d) Municipal Conflict of Interest Act;
e) Municipal Freedom of Information and Protection of Privacy Act;
f) Municipal Elections Act, 1996;
g) Personal Health Information Protection Act, 2004;
h) The Public Inquiry Act; and,
i) The Occupational Health and Safety Act.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 5
PART 5: GENERAL DUTIES
5.1 It shall be the duty of all Members to abide by all applicable legislation, policies and
procedures pertaining to their position as a Member.
5.2 Members shall at all times serve and be seen to serve their constituents in a
conscientious and diligent manner.
5.3 Members will conduct their dealings with each other in ways that maintain public
confidence in the position to which they have been elected or appointed.
5.4 Members will be open and honest, focus on issues rather than personalities, and avoid
aggressive, offensive or abusive conduct.
5.5 Members shall accurately and adequately communicate the attitudes and decisions of the
Council even if they disagree with Council’s decision, such that respect for the decision
making processes of Council is fostered.
5.6 Members shall conduct themselves at all Council and Committee Meetings with decorum,
in accordance with the Municipality of Bayham Procedural By-law.
5.7 In accordance with the Municipal Act, 2001 and the Municipal Conflict of Interest Act,
every Member shall exercise his or her power and discharge his or her official duties in
accordance with the following guiding principles:
a) Seek to advance the common good of the Municipality of Bayham;
b) Exercise care, diligence and skill that a reasonably prudent person would exercise
in similar circumstances;
c) Exercise his or her powers only for the purposes for which they were intended; and,
d) Truly, faithfully and impartially exercise his or her office to the best of his or her
knowledge and ability.
PART 6: CONFLICT OF INTEREST
6.1 Members have strict obligations to avoid conflicts of interest by taking the following steps
whenever a member has a direct or indirect pecuniary interest in any matter that is before
Council in a meeting where the member is present:
(i) disclose the general nature of the member's interest, pursuant to the Municipality of
Bayham Procedural By-law, prior to any consideration of the matter in the meeting;
(ii) refrain from participating in the discussion of the matter or in any vote on the matter;
and,
(iii) refrain from attempting to influence the voting on the matter or question, before, during
or after the meeting.
6.2 All members have important ethical and statutory obligations to adhere to the steps
outlined above to ensure avoidance of any conflict of interest in connection with carrying
out the obligations of the Member's office.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 6
6.3 Each Member must declare the conflict of interest and general nature thereof verbally at
the beginning of each meeting and provide the Clerk with the signed declaration in
accordance with Appendix D attached.
6.4 While the Integrity Commissioner may provide general interpretation of the Municipal Conflict
of Interest Act (MCIA), it is expected that members seek independent legal advice on a
specific question of individual compliance with the MCIA.
6.5 Members shall be responsible for ensuring that they are familiar with the Municipal Conflict
of Interest Act. If, upon review by the Integrity Commissioner, a complaint is deemed to be
a matter covered by the Municipal Conflict of Interest Act, the Integrity Commissioner shall
advise the complainant, with an explanation, in writing, and an investigation may be
conducted in accordance with powers and duties of integrity commissioner.
PART 7: GIFTS AND PARTICIPATION AT EVENTS
7.1 No Member shall solicit or accept any gift or accept or receive a fee, advance, cash or
personal benefit that is directly or indirectly connected with the performance of his or her
duties of office. For the purposes of this provision any gift provided to a Member's child,
parent or spouse with the Member's knowledge shall be deemed to be a gift accepted by
that Member;
7.2 The Municipality recognizes that moderate hospitality and participation in charitable non-
profit fundraising and business events is an accepted facet of community participation
and business relationships. Accordingly, the following types of gifts are recognized as
exceptions to the prohibition in Section 7.1:
a) gifts that are received as an incident of protocol or social obligation that normally and
reasonably accompany the responsibilities of office;
b) token gifts such as souvenirs, mementoes and commemorative gifts that are given in
recognition of service on a committee for speaking at an event or representing the
Municipality at an event;
c) food and beverages consumed at lunches, dinners, charity fundraisers, banquets
receptions, ceremonies or similar events if the Member's attendance serves a
legitimate municipal purpose;
d) communications to the offices of a Member including subscriptions to newspapers and
periodicals;
e) compensation authorized by law;
f) political contributions that are offered accepted and reported in accordance with
applicable law;
g) services provided without compensation by persons volunteering their time;
h) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies,
cultural events, sporting events, business galas, political events and similar events if
the Member's attendance serves a legitimate municipal purpose;
i) reasonable payment for participation in or organizing any reception, dinner, gala,
golf tournament, or similar event to support charitable causes or a political
fundraising event and food, lodging, transportation or entertainment from a not for
profit non-government organization;
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 7
7.3 Within 30 days of receipt of any gift described in Section 7.2, Members shall file a
disclosure statement, in accordance with the format set forth in Appendix ‘A’, with the
Integrity Commissioner for any gift that exceeds $200 in value. If the value of any gift
described in Section 7.2 exceeds $500 or if the total value of such gifts received from any
one source during one calendar year exceeds $1,000 the Member shall file a disclosure
statement with the Integrity Commissioner within 30 days of the receipt of the gift. Every
disclosure statement shall indicate:
(i) the nature of the gift;
(ii) its source and date of receipt;
(iii) the circumstances under which it was received; and
(iv) its estimated value.
7.4 Every disclosure statement to the Integrity Commissioner and as anticipated in 7.3 above
shall be a matter of public record.
7.5 The Integrity Commissioner shall report to Council annually on all gifts received by
Members that are disclosed in accordance with Section 7.2.
7.6 The Integrity Commissioner shall examine every disclosure statement filed with him or her
to ascertain whether the receipt of the gift might in her or his opinion create a conflict
between a private interest and the public duties of the Member.
7.7 If the Integrity Commissioner makes a preliminary determination of a conflict the Member
shall be asked to justify receipt of the gift.
7.8 If the Integrity Commissioner determines that receipt of the gift was prohibited he or she
shall report the findings to Council.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 8
PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS & MUNICIPAL STAFF
8.1 Mutual respect and cooperation are required to achieve the Council’s corporate goals
and im plem ent the Council’s strategic priorities through the work of staff.
8.2 Employees have an obligation to recognize that members of Council have been duly electe d
to serve the residents of Bayham and respect the role of Council in directing the actions of the
Municipality.
8.3 Members have a duty to treat members of the public, each other and staff with respect and
dignity and without abuse, bullying or intimidation;
8.4 Members have a duty to ensure that the Municipality's work environment is safe and free from
discrimination and harassment;
8.5 Members are to recognize that Employees serve Council and work for the municipal
corporation under the direction of the CAO|Clerk. Council directs Employees through its
decisions as recorded in the minutes and resolutions of Council. The role of Employees is to
provide advice and services that are based on political neutrality, objectivity and professional
judgment which may not necessarily reflect the opinion or position of any single Member.
Members have no individual capacity to direct Employees to perform specific functions.
8.6 Inquiries of Employees from Members should be directed to the CAO|Clerk.
8.7 No Member shall compel Employees to engage in partisan political activities or be subjected
to threats, discipline or discrimination for refusing to engage in any such activity.
8.8 Members shall show respect for the professional capacities of Municipal Employees. Some
Employees have professional credentials which create separate legal and ethical obligations
for those Employees. Members shall refrain from any conduct which may deter, interfere or
unduly influence Employees in such a manner as to result in them violating their professional
legal or ethical obligations.
8.9 Certain Employees hold positions within the administration of justice. Members shall refrain
from making requests or statements or otherwise taking action which may be construed as an
attempt to influence the independence of staff working within the administration of justice.
PART 9: IMPROPER USE OF INFLUENCE
9.1 No Member shall use his or her office to seek to influence any decision made or to be
made by Council to the Member's private advantage or to the advantage of another
person.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 9
9.2 No Member shall use his or her office to seek to influence or interfere with the
administration or enforcement of the Municipality's regulatory By-laws or other laws
enforced by the Municipality. Notwithstanding the foregoing, it is recognized that Members
of Council may in good faith raise the concerns of residents with Municipal Employees for
the purpose of determining if those concerns can be resolved having due regard for the
public interest in fair and impartial By-law enforcement.
9.3 All applicants for Municipal positions shall have an equal opportunity to obtain such
employment. No Member shall use his or her office to seek to inappropriately influence
the hiring of specific individuals for any position within the Municipality.
9.4 Nothing in this Section prohibits a Member from providing a reference for an applicant for
any position within the Municipality, or offering his or her opinions and voting on any
decision to hire a CAO|Clerk.
9.5 No Member shall support any cause or third party using the Municipality's corporate logo
or the Municipal letterhead in any communication intended to solicit funds without a vote
or resolution of Council.
PART 10: CONFIDENTIAL INFORMATION
10.1 Members shall hold in strict confidence all Confidential Information concerning matters
dealt with in-camera. No Member shall release, make public or in any way divulge any
such Confidential Information or any aspect of the in-camera deliberations unless
expressly authorized by Council or required By-law.
10.2 No Member shall release, make public or in any way divulge any such Confidential
Information acquired by virtue of his or her office unless expressly authorized by Council
or required By-law. The capacity to release Confidential Information can only be made by
a majority of Council, and no individual member of Council has authority to waive this
privilege.
10.3 No Member shall use information gained in the execution of his or her office that is not
available to the general public for any purpose other than his or her official duties.
10.4 No Member shall access or attempt to gain access to Confidential Information in the
custody of the Municipality except to the extent necessary for the performance of his or
her duties as a Member and not prohibited by this Code or any other statute, By-law or
policy.
10.5 Members are only entitled to Confidential Information in the possession of the Municipality
that is relevant to matters before the Council or Committee. Beyond this entitlement,
Members have the same level of access to information as does any other citizen.
PART 11: COMMUNICATIONS AND MEDIA RELATIONS
11.1 In order to foster respect for the decision making process of Council, Members
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 10
shall fairly and accurately communicate the decisions of Council, even if they disagree with
a majority decision of Council, and/or voted in the minority. Members may publicly express
disagreement with a decision, but are to do so in a respectful manner.
11.2 In communications with the media, Members shall not indicate, implicitly or explicitly, that
they speak on behalf of Council, unless they have been authorized to do so by Council.
11.3 Members shall refrain from making disparaging remarks about other Members, members
of the public, Employees or Council's process and decisions.
PART 12: MUNICIPAL ELECTION CAMPAIGNS
12.1 Members of Council are required to comply with the Municipal Elections Act, 1996 and the
Municipality of Bayham Use of Corporate Resources for Election Purposes Policy as
authorized by By-law No. 2016-107.
12.2 No Member shall use Municipal property, including the Municipality's logo, for any election
campaign or campaign related activities.
12.3 No Member shall undertake campaign related activities on Municipally owned lands, with
the exception of the permissible use of campaign signs along road allowances, and in
compliance with any local sign By-laws, as applicable.
12.4 No Member shall use the services of Employees in work for his or her (re)election during
hours in which those Employees are being paid by the Municipality. The participation of
Municipal staff with respect to municipal elections is generally discouraged.
PART 13: CONDUCT OF FORMER MEMBERS
13.1 The Municipality shall not hire or award any contract to any former Member for a period of
12 months from the date the former Member ceased to hold office except where the
former Member is the successful bidder through a quote or tender consistent with
appropriate Municipal policies.
13.2 A former Member may not lobby the Municipality or any Member for a period of 12
months from the date the former Member ceased to hold office.
PART 14: USE OF MUNICIPAL PROPERTY
14.1 Members may only use Municipal property, including land, facilities, equipment, supplies,
services, staff or other resources (for example, Municipally owned materials, computers,
networks, websites) for activities directly connected with the discharge of their official
Municipal duties or, as appropriate, local municipal duties.
14.2 Occasional or incidental personal use of Municipal computers, phones or similar devices
and communication systems is acceptable, subject to the provisions of the Municipal
Elections Act. Such use may also be subject to the Municipal Freedom of Information and
Protection of Privacy Act.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 11
14.3 No Member shall obtain financial gain from the use or sale of Municipally-developed
intellectual property including inventions, cultural materials, computer programs, technical
innovations, or other items capable of being patented, or copyrighted, as all such property
remains exclusively that of the Municipality.
PART 15: NEPOTISM
15.1 No Member shall attempt to influence the hiring or promotion of a Spouse or Immediate
Relative.
15.2 No Member shall make any decision or participate in the process to hire, transfer,
promote, demote, discipline or terminate a Spouse or Immediate Relative.
15.3 If a Spouse or Immediate Relative of a Member is an applicant for employment
with the Municipality or candidate for promotion or transfer, the Spouse or Immediate
Relative will proceed through the usual selection process with no special consideration.
15.4 No Member shall place himself or herself in a position where he or she could have
influence over their Spouse or Immediate Relative's employment.
15.5 No Member shall attempt to use a Spouse or Immediate Relative relationship for financial
or other gain.
PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER
16.1 No Member shall obstruct the Integrity Commissioner in the carrying out of their
responsibilities.
16.2 It is a violation of this Code to obstruct any staff member acting under the instruction of
the Integrity Commissioner in applying or furthering the objectives or requirements of this
Code, in attempting to gather information or data, or in the general conduct of duties with
respect to a Code of Conduct investigation.
16.3 Examples of obstruction under sections 16.1 or 16.2 include the destruction of
documents, the erasure of electronic documents, withholding or concealing the existence
of documents and refusal to respond to inquiries from the Integrity Commissioner within
15 days of receipt of same.
PART 17: REPRISALS
17.1 No Member shall seek any reprisal or threaten any reprisal against a complainant or any
other person for providing relevant information to the Integrity Commissioner in the course
of inquiry pursuant to a complaint.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 12
PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS:
18.1 REQUIREMENTS
Members have important legal responsibilities and accountabilities in connection with the tone
and substance of interpersonal interactions, conduct or communications pursued in the context of
carrying out the activity of a municipal Councillor.
18.2 MUNICIPAL POLICIES
The purpose of this section of the Code of Conduct is to ensure that Members governed by this
Code of Conduct understand and comply with standards of conduct required at law in terms of their
interpersonal interactions, communications and conduct. As outlined within various policies and the
Municipality of Bayham Personnel Policy Manual.
The Municipal Corporation and Members, as agents of the Municipal Corporation share important
obligations for ensuring compliance with required standards of interpersonal conduct and
interactions. A failure to adhere to the required Standards of Conduct can expose both the
Municipality, and individual Members to potential liabilities.
Human Rights Guarantees: The Obligation to Treat Every Person with Dignity,
Understanding and Respect and Avoid Harassment and Discrimination
The Ontario Human Rights Code extends equality rights guarantees in the context of
employment and the delivery of services. A Municipal Government is both an employer and
service provider.
As a result the interactions and conduct of Members governed by this Code of Conduct generally
occur in the context of providing services or interacting with employees.
In connection with such interactions, Members have a legal obligation to ensure adherence to
equality rights guarantees. Members have an obligation to ensure that all individuals dealt with
are treated with dignity and respect, and not exposed to harassment or discrimination as
prohibited by the Human Rights Code.
As a Member your obligations in this regard extend to anyone you deal with in the context of
employment or delivery of services; including but not necessarily limited to the following: other
Members of Council, Committee Members, Local Board Members, Corporate Employees,
individuals providing services, contractors, students, the public.
PART 19: COMPLIANCE / ACCOUNTABILITY / ENFORCEMENT
19.1 The Municipality has important obligations and interests in ensuring compliance with the
ethical and interpersonal conduct standards required of Members by this Code of
Conduct.
19.2 The Municipality has an interest and obligation to respond to all allegations, complaints or
incidents of alleged conduct inconsistent with the standards outlined in this Code of
Conduct in a manner consistent with the interests and legal obligations of the Municipality.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 13
19.3 The Municipality recognizes that the Municipality and the Members have a mutual interest
in providing and encouraging access to compliance/enforcement mechanisms in
connection with the conduct required by this Code that deliver objective, independent,
skilled and efficient determinations in connection with alleged misconduct by any Member.
19.4 The Municipality shall appoint an Integrity Commissioner pursuant to Section 223.3(1) of
the Municipal Act and, when proclaimed, Bill 68 “Modernizing Ontario’s Municipal
Legislation Act, 2017” to inquire into and determine any alleged non-compliance with the
standards of conduct defined in the Code of Conduct and to investigate and advise on the
(MICA) in March 2019 and thereafter by a Member.
19.5 In all circumstances where the Municipality becomes aware of an allegation that a
Member has engaged in any prohibited activity or breached any standard of conduct
outlined in this Code of Conduct, whether by informal communications or formal
complaints, the matter will be addressed as follows:
(i) The ‘informal’ complaint procedure, pursuant to Part 23, may be followed but is not
mandatory;
(ii) Any issue of non-compliance with the Code of Conduct shall be referred to the Integrity
Commissioner through the Complaint Protocol pursuant to Part 24;
(iii) The Integrity Commissioner shall conduct an Inquiry to determine whether the Member
has engaged in conduct in contravention of the Code of Conduct; (except as in
Complaints Prior to an Election)
(iv) In planning and pursuing the relevant inquiry the Integrity Commissioner may proceed
consistent with the procedural aspects of any policies addressing the subject of the
alleged infringement and exercise his/her powers under Section 33 and Section 34 of
the Public Inquiries Act;
(v) The inquiry pursued by the Integrity Commissioner shall be an independent inquiry;
independent of the Municipality or any of its agents, employees or members;
(vi) Where the Integrity Commissioner determines that he/she has reasonable grounds to
believe that there has been a contravention of any other act or the Criminal Code, the
Integrity Commissioner shall refer the matter to the appropriate authority; suspend his/her
inquiry and report the suspension to Council. In these circumstances Council will pursue
the necessary steps to ensure that the matter is addressed consistent with the
Municipality's obligations at law and any relevant Municipal policies;
(vii) Where the Integrity Commissioner completes an inquiry and determination of the
matter, he/she shall prepare a written report of his/her findings as to whether a Member
has contravened the Code of Conduct. In preparing the report, the Integrity
Commissioner may disclose such matters as are necessary for the reporting to
Council. The Report shall be delivered to Council. Where a contravention of the Code
is substantiated, Council may impose the Penalty;
(viii) The municipality shall consider written reports/findings of the Integrity Commissioner in
open session unless otherwise prohibited by another Act e.g. (MFIPPA) or regulation;
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 14
(ix) Where the Integrity Commissioner determines that a Member has contravened the Code
of Conduct, the Integrity Commissioner shall recommend the penalty; such penalty shall
be within the remedial parameters defined in the Municipal Act;
19.6 Penalties: Where a Member is found to have breached any standard of conduct required by
the Code of Conduct, the penalty will be determined by the Council on the advice of the
Integrity Commissioner. In determining the penalty the Council shall take into consideration
the nature and degree of the current breach of the Code and any prior non-compliance with
the Code of Conduct by the Member.
19.7 Where a Code of Conduct breach is alleged:
(i) the member may take part in the discussion of the matter, including making
submissions to Council or the local board, as the case may be, and may attempt to
influence the voting on any question in respect of the matter, whether before, during or
after the meeting. However, the member is not permitted to vote on any question in
respect of the matter.
(ii) In the case of a meeting that is not open to the public, the member may attend the
meeting or part of the meeting during which the matter is under consideration.
19.8 Penalties imposed in connection with breaches of the Code of Conduct pursuant to the
Code may include:
(i) a written reprimand; and or;
(ii) suspension of remuneration paid to a Member with respect to services up to 90-days;
and or;
Refusal to Conduct Investigation
19.8 If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is
frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient
grounds for an investigation, the Integrity Commissioner shall not conduct an
investigation, or, where that becomes apparent in the course of an investigation, terminate
the investigation.
19.9 Complaints referred that are repetitious in nature, not germane to the Code of Conduct in
the opinion of the Integrity Commissioner, deemed frivolous and without substance in the
opinion of the Integrity Officer, or, where the complaint is deemed vexatious in the opinion
of the Integrity Commissioner, shall not be advanced to an investigation stage.
19.10 Other than in exceptional circumstances, the Integrity Commissioner will not report to
Council or a local board on any complaint described in Sections 19.8 or 19.9 except as
part of an annual or other periodic report.
19.11 An application may only be made within six weeks after the applicant became aware of
the alleged contravention.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 15
Complaints or Reports Prior to Election
19.12 No complaint regarding a Member who is a candidate in an election may be accepted by
the Integrity Commissioner for review and/or investigation between Nomination Day for a
regular election and ending of voting day in any year in which a regular municipal election
will be held. The Integrity Commissioner shall hold such complaint in abeyance until after
voting day in a regular election year and advise the complainant of the process.
PART 20: OTHER COMPLIANCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO THE
INTEGRITY COMMISSIONER
20.1 While the Municipality encourages complainants, Members and all parties to access and
support the use of the Integrity Commissioner as the means of addressing any issues of
non-compliance with the Code of Conduct by Members, the Municipality has an obligation
and commitment to support complainants or potential complainants access to the
following processes in connection with allegations of prohibited activity, conduct or
communications.
1. Complaints of Harassment (Code or Personal), Discrimination, Violence by
Employees, Members of Council
Access to the procedures committed to in the Municipality's relevant Policies;
Complainants also have a right to file complaints with the Ontario Human Rights
Tribunal (in connection with human rights allegations) and complaints with the
Ministry of Labour (in connection with allegations of violence, threats of violence or
personal harassment).
2. Complaints Regarding Allegations of Conduct Regulated by the Criminal Code
Complaints can be directed to the Elgin County Detachment of the Ontario
Provincial Police to pursue an investigation under Section 122 of the Criminal
Code of Canada where allegations of fraud or breach of trust are made in
connection with a Member carrying out the duties of the office;
Complaints can be directed to the Elgin County Detachment of the Ontario
Provincial Police to pursue an investigation under Section 122 of the Criminal
Code of Canada regarding allegations of a Member's involvement in demands for,
acceptance of, offering or agreement to accept a loan, reward, benefit or their
advantage from any person, in connection with the performance of the duties of
the Member in the office;
3. Complainant’s Direct Dealings with Members in Connection with Concerns of
Non-Compliance with the Code of Conduct
Any person who believes that a Member has infringed any standard under this
Code of Conduct can advise the Member of the concern directly (verbally or in
writing) that their activity infringes the Code of Conduct;
Such person (complainant) may directly encourage the Member to stop the
offending activity;
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 16
Such person (complainant) should keep a record of the incident, including date,
time, location, persons present and any other relevant information.
PART 21: JUDICIAL INVESTIGATION
21.1 In circumstances where liability is denied and the alleged misconduct is serious in nature,
Council may pass a resolution, pursuant to s. 274(1) of the Municipal Act, requesting a
judicial investigation into the Member of Council, or Council’s Local Board or Committee
Member’s conduct.
PART 22: DUTIES OF A MUNICIPAL INTEGRITY COMMISSIONER
22.1 The Integrity Commissioner shall perform the duties and have the powers provided
for in the Act, including but not limited to the following:
(1) Advisory: upon proper request, provide written and/or verbal advice to individual
members of Council respecting the application of the Code of Conduct and/or any
other procedures, rules, and policies relating to and reflecting upon their ethical
behavior, including but not limited to general interpretation of the Municipal Conflict
of Interest Act (Ontario); and furthermore and when appropriate, providing the full
Council with specific and general opinions and advice respecting compliance by
elected officials in respect of the provisions of governing statues the Code of
Conduct and any other applicable procedures, rules, and policies.
(2) Compliance Investigation/Determinations: upon proper request from a member of
Council or local board, municipal administration or one or more members of the
public, to conduct an inquiry and make a determination as to any alleged
contravention of the Code of Conduct or applicable procedures, rules, and policies
by a member of Council or local board and, thereafter, to report the details and
results of such inquiry to municipal Council.
(3) Educational: provide the CAO|Clerk or as directed with an annual report of
activities during the previous calendar year as Integrity Commissioner, including
but not necessarily limited to advice given to Council or individual members of
Council and a summary of inquiry results and determinations; furthermore, provide
outreach programs to members of Council and local boards and relevant staff on
legislation, protocols, and office procedures emphasizing the importance of
compliance with a Code of Conduct for public confidence in Municipal
Government; and, furthermore, dissemination of information available to the public
on the website operated by Elgin.
22.21 Notwithstanding that set forth above, the parties acknowledge and agree that the function
of the Integrity Commissioner is to provide advice and opinion to Council and members
thereof, to provide independent complaint prevention, investigation, adjudication, and
resolution to members of Council and the public, and education respecting adherence with
the Code of Conduct for members of Council and other procedures, rules, and policies
governing ethical behavior.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 17
22.22 The parties hereto also acknowledge and agree the Integrity Commissioner, will perform
services, and in particular those services relating to advisory and educational duties, in a
manner so as to avoid duplicated advice, opinion, and cost in respect of identical requests
and inquiries – for example, the Integrity Commissioner shall decline to provide
individualized advice and opinion to more than one member of Council or a local board on
identical issues but should choose to provide general advice to Council or such local board
as a whole to answer all such inquiries. In addition, it is recognized that the Integrity
Commissioner, will likely receive requests for advice on matters involving compliance with
the Municipal Conflict of Interest Act (the “MCIA”) – while the Integrity Commissioner may
provide general interpretation of the MCIA, it is expected that individual members of
Council or local boards will seek independent legal advice on a specific question of
individual compliance with such legislation.
22.23 The application of sections 5, 5.1, and 5.2 of the Municipal Conflict of Interest Act to
members of Council and of local boards will become the responsibility of the Integrity
Commissioner on March 1, 2019.
PART 23: INFORMAL COMPLAINT PROCEDURE
23.1 Individuals (for example, Municipal employees, members of the public, members of
Council or local boards (restricted definition), or organizations (including local boards
(restricted definition) who have identified or witnessed behaviour or an activity by a
member of Council or a local board (restricted definition) that they believe is in
contravention of the Code of Conduct for Members of Council and Local Boards
(Restricted Definition) the “Code of Conduct” would address the prohibited behaviour or
activity themselves as follows:
(1) advise the member that the behaviour or activity contravenes the Code of
Conduct;
(2) encourage the member to stop the prohibited behaviour or activity;
(3) keep a written record of the incidents including dates, times, locations, other
persons present, and any other relevant information;
(4) tell someone else (for example, a senior staff member or an officer of the
organization) about your concerns, your comments to the member and the
response of the member;
(5) if applicable, confirm to the member’s satisfaction with the response of the
member; or, if applicable, advise the member of your dissatisfaction with the
response; and,
(6) consider the need to pursue the matter in accordance with the formal complaint
procedure outlined in Appendix B, or in accordance with another applicable judicial
or quasi-judicial process or complaint procedure.
23.2 Individuals and organizations are encouraged to initially pursue this informal complaint
procedure as a means of stopping and remedying a behaviour or activity that is prohibited
by the Code of Conduct. With the consent of the complaining individual or organization
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 18
and the member, the Integrity Commissioner may be part of any informal process.
However, it is not a precondition or a prerequisite that those complaining pursue the
informal complaint procedure prior to pursing the formal complaint procedure.
PART 24: COMPLAINT PROTOCOL
24.1 Any member of Council, staff or the public that believes they have experienced or
witnessed conduct in contravention with the Code of Conduct may file a complaint and
request an investigation.
24.2 All complaints shall be in writing and signed by an identifiable individual.
24.3 A complaint shall set out reasonable and probable grounds for the allegation that the
member as contravened the Code of Conduct and include a support affidavit that sets out
the evidence in support of the complaint.
24.4 The complaint protocol information package shall be available on the Municipal Website.
Appendix B
PART 25: SUMMARY
25.1 The Municipality and all Members of Council share an important interest and responsibility
in ensuring that the standards of conduct required under this Code of Conduct are
understood, maintained and where necessary enforced by holding Members accountable.
25.2 The standards reflect the ethical and legal context in which the Municipality and Members
must deliver services to the community served by the Council and Members. Deviations
from the standards of conduct outlined in this Code of Conduct leave the Municipality,
Council and individual Members exposed to the following:
Reputational risk;
Loss of credibility in the community;
Risks of significant liabilities.
25.3 All Members of Council are expected to be knowledgeable of the contents of this Code of
Conduct and applicable Municipal Policies, and to adhere to the standards of conduct
defined in the Code of Conduct and Policies.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 19
CODE OF CONDUCT FOR MEMBERS OF MUNICIPAL COUNCIL, COUNCIL’S LOCAL
BOARD & COMMITTEE MEMBERS
______________________________________________________________________________
COUNCILLOR ACKNOWLEDGEMENT
The preceding Code of Conduct has been explained to me and I have received, read, and
understood the Code of Conduct for the Corporation of the Municipality of Bayham.
____________________________________
Councillor Name (Please Print)
_____________________________________ ___________________________
Councillor Signature Date
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 20
COUNCIL CODE OF CONDUCT DISCLOSURE STATEMENT
______________________________________________________________________________
Part 7 of the Council Code of Conduct regarding the acceptance of gifts and benefits, requires
members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or
benefit exceeds $200.00 or if the total value of gifts and benefits received from one source in a
calendar year exceeds $1,000.00. This Disclosure Statement is to be used to report on such gifts
and benefits and shall be filed with the clerk within 30 days of receipt of such gift or benefit, or
upon reaching the annual limit. Disclosure Statements are a matter of public record.
Nature of Gift or Benefit Received:
Source of Gift or Benefit:
Circumstances under Which Gift or Benefit Received:
Estimated Value of Gift or Benefit: $ ________________________________
Date Gift or Benefit Received: ________________________________
Signature of Member: __________________________ Date: ___________________
Date Statement Received by Clerk: _______________________________________
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 21
Council Code of Conduct – Formal Complaint Form/Affidavit
________________________________________________________________________________________
I, ____________________________(full name), of the ______________________ (City, Town
etc.) in the Province of Ontario.
MAKE OATH AND SAY (or AFFIRM):
1. I have personal knowledge of the facts as set out in this affidavit, because
(insert reasons e.g. I work for… I attended a meeting at which… etc.)
2. I have reasonable and probable grounds to believe that a member of the Municipality of
Bayham Council (specify name of member) has
contravened section(s) _____________________________ specify section(s) of the Council
Code of Conduct of the Municipality of Bayham. The particulars of which are as follows:
(Set out the statements of fact in consecutively numbered paragraphs in the space below, with each
paragraph being confined as far as possible to a particular statement of fact.
If you require more space please use the attached Schedule A form and check the appropriate box
below. If you wish to include exhibits to support this complaint, please refer to the exhibits as
Exhibit A, B etc. and attach them to this affidavit.)
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 22
Please see the attached Schedule A
1. This affidavit is made for the purpose of requesting that this matter be reviewed by the
Municipality of Bayham appointed Integrity Commissioner and for no other purpose.
(date) ) ________________________________
) Signature
)
Note: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been
conducted by this authority to confirm or verify the above sworn information. The Criminal Code
of Canada provides that: everyone commits perjury who, with intent to mislead, makes before a
person who is authorized by law to permit it to be made before him a false statement under oath
or solemn affirmation by affidavit, solemn declaration or deposition or orally, knowing that the
statement is false, is guilty of an indictable offence and liable to a term of imprisonment not
exceeding fourteen years (Section 131, 132), or by summary conviction (Section 134). Signing a
false affidavit may expose you to prosecution under Sections 131 and 132 or 134 of the Criminal
Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation.
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 23
Council Code of Conduct – Request for Advice Form
_______________________________________________________________________________________
Name of Member: _______________________________________________________
Telephone No.: _________________________________________________________
Email Address: ________________________________________________________
Advice Requested: (Please provide as much detail as possible)
________________________________ _________________________________
Signature of Requestor Date Received by Integrity Commissioner
________________________________ _______________________________
Date Date Reply Issued
CODE OF CONDUCT FOR MEMBERS OF COUNCIL FOR
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Page | 24
Council Code of Conduct – Conflict of Interest Form
Name of Member: ______________________________________________________
Telephone No.: _________________________________________________________
Email Address: ________________________________________________________
Date of Council meeting: __________________________________________________
Agenda item number and name:
General Nature of the Conflict of Interest:
_________________________________ ________________________________
Signature of Council Member Date Received by Municipal Clerk
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2017-124
BEING A BY-LAW TO APPOINT INDEPENDENT RESOLUTIONS
INCORPORATED AS THE INTEGRITY COMMISSIONER & CLOSED
MEETING INVESTIGATOR FOR THE MUNICIPALITY OF BAYHAM
PURSUANT TO SECTIONS 8, 9, 10, 11, 223.3, & 239.2 OF THE MUNICIPAL
ACT, 2001, S.O. 2001, C.25, AS AMENDED
WHEREAS Section 223.3 of the Municipal Act, 2001, as amended, authorizes a municipal
council to appoint an Integrity Commissioner who is responsible for performing in an
independent manner functions related to the Code of Conduct of members of council and local
boards;
AND WHEREAS Section 239.2 of the Municipal Act, 2001 as amended, authorizes a
municipality to appoint an Closed Meeting Investigator who has the function to investigate in an
independent manner, a complaint made to him or her by any person, whether the municipality o r
a local board has complied with section 239 or a procedure by-law under subsection 238 (2) in
respect of a meeting or part of a meeting that was closed to the public, and to report on the
investigation;
AND WHEREAS such services shall be undertaken by an Integrity Commissioner and Closed
Meeting Investigator appointed by the Municipality, pursuant to Sections 8, 9, 10, 11, 223.3,
239.2 of the Act;
AND WHEREAS the Municipality deems it advisable to appoint Independent Resolutions
Incorporated as Integrity Commissioner and Closed Meeting Investigator to perform these
services for a three-year term commencing on January 1, 2018 with the option to renew for two
additional years;
AND WHEREAS Independent Resolutions Incorporated has expressed interest in providing
services to the Municipality acting as Integrity Commissioner and Closed Meeting Investigator on
the terms and conditions as agreed from time to time and under written agreement in the form
and of the content attached as Schedule “A” hereto;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Bayham hereby enacts as follows:
1. THAT, subject to execution of the agreement attached as Schedule “A” hereto,
Independent Resolutions Incorporated is hereby appointed as In tegrity Commissioner,
and Closed Meeting Investigator for the Municipality of Bayham to perform those
functions set forth in Sections 223.3 through 223.6, and 239.1 (1-11) of the Municipal
Act, 2001 (Ontario) including but unlimited to:
a. Advice as to the application of the Code of Conduct, the Municipal Conflict of
Interest Act, and any related procedures, rules, and policies governing the
ethical behavior of members of council and local boards;
b. Conducting inquiries in respect of any requests alleging co ntravention of the
Code of Conduct, the Municipal Conflict of Interest Act and/or any other
procedures, rule or policy governing the ethical behavior of members of council
and local boards;
c. Conducting inquiries in respect to the municipality or local boards’ compliance
with section 239 in respect of a meeting or part of a meeting that was closed to
the public and in respect to any decision or recommendation made, or act done
or omitted in the course of the administration;
d. Reporting to council for the Corporation of the Municipality of Bayham as to
activities as Integrity Commissioner and Closed Meeting Investigator, including
but not limited to reports as to the results of any inquiry into alleged
contravention and/or an annual report of activities as Integrity
Commissioner/Investigator; and,
e. Educating members of council, members of local boards, the municipality and
the public about the municipality’s code of conduct for members of council and
members of local boards and about the Municipal Conflict of Interest Act.
2. THAT this by-law shall come into force and take effect on January 1, 2018.
3. THAT By-law No. 2015-123 and 2007-127 be repealed in their entirety on January 1,
2018.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF
DECEMBER 2017.
____________________________ _____________________________
MAYOR CLERK
BY-LAW NUMBER 2017-125
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BEING A BY-LAW FOR THE USE, PROTECTION AND REGULATION OF PUBLIC
PARKS AND RECREATION AREAS IN THE IN THE MUNICIPALITY OF BAYHAM
WHEREAS Section 11of the Municipal Act, S.O. 2001, as amended, provides that a
municipality may pass by-laws respecting matters within the sphere of jurisdiction of
Culture, Parks, and Recreation;
NOW THEREFORE the Council of the Corporation of the Municipality of Bayham
hereby enacts as follows:
SHORT TITLE
This By-law may be cited as the ‘Parks By-law’
Section 1 - Definitions
In this By-law:
1.1 ‘Boulevard’ shall mean any part of a municipal road allowance except for
the traveled portion of the road, the shoulder of the road or the sidewalk.
1.2 ‘Control’ shall include care, custody and responsibility for supervision.
1.3 ‘Council’ shall mean the Council of the Corporation of the Municipality of
Bayham.
1.4 ‘Designated’ means an area defined or constructed for a specific use which
may include posted conditions.
1.5 ‘Liquor’ shall have the same meaning as defined in the Liquor Licence Act,
R.S.0. 1990, c. L-19 as amended.
1.6 ‘Motor Vehicle’ shall have the same meaning as defined in the Highway
Traffic Act, R.S.0. 1990, c. H.8 as amended.
1.7 ‘Municipality’ shall mean the Corporation of the Municipality of Bayham.
1.8 ‘Municipal Law Enforcement Officer’ shall mean a person appointed by
the Council of the Corporation of the Municipality of Bayham for the purpose
of enforcing Municipal By-laws and for the purpose of this by-law shall
include Ontario Provincial Police and the Manager of Public Works and
Operations or designate.
1.9 ‘Natural Park Area’ means an area which may be an entire Park or part of a
Park, preserved in its natural or near natural state or an area created to
retain a natural state as open space and available for use by the public.
1.10 ‘Park’ means land and land covered by water and all portions thereof owned
or made available by lease, agreement, or otherwise, to the Municipality, that
is or hereafter may be established, dedicated, set apart, or made available
for use as public open space, including a Public Park, Municipal Beaches,
Pier and Natural Park Area as defined in this by-law, that has been or
hereafter may be placed under the jurisdiction of the Municipality, including
any buildings, structures, facilities, erections and improvements located in or
on such land.
1.11 ‘Person’ shall mean an individual, corporation, partnership or sole
proprietorship.
1.12 ‘Player's Benches’ shall mean the sitting or waiting area for the use of
players who participate, but are not fielded, in a team sporting activity such
as baseball.
1.13 ‘Playground Equipment’ includes slides, swings and other equipment
provided for the use of young children within a defined area.
1.14 ‘Public Park’ shall mean an area of open land, maintained or owned by the
Municipality or a public authority for the enjoyment, health and well-being of
the public and normally open to the public.
1.15 ‘Refuse’ or ‘Debris’ shall include but is not limited to:
i. animal waste and excrement
ii. carcass, hides, bones or feathers of any animal or bird
iii. construction and landscaping materials
iv. celluloid cuttings,
v. material or thing soaked in oil or gasoline
vi. domestic waste
vii. grass cuttings, leaves and vegetation
viii. hay, straw and manure
ix. manufacturers/industrial waste
x. sawdust and shavings
xi. sewage and paper sludge
xii. snow and ice
xiii. swill, soil, dirt earth or organic material
xiv. tree branches or roots
xv. wrecked, dismantled, discarded, inoperative or abandoned machinery, Vehicles,
trailers, boats and their component parts, and includes Vehicles that appear by
reason of their appearance, mechanical condition or lack of current permit plates
to be inoperable, and tires;
1.16 ‘Recreation Area’ means an outdoor area or building or combination of
both, under the Control of the Municipality which is maintained and/or
supervised by employees of the Municipality and includes all Parks and
every tennis court, skating rink, play area, community centre, skateboard
facility, sports field, building or portion of a building which is owned, leased
or used by the Municipality, including a school and school grounds, for
purposes which include offering recreation to the public.
1.17 ‘Roadway’ means that part of a Recreation Area that is designed for use by
Vehicles and Motor Vehicles.
1.18 ‘Trail’ shall mean that part of a Park that has been marked or posted for the
purpose of hiking by the public.
1.19 ‘Tree’ means all trees, shrubs and saplings now or hereafter growing or
planted upon any municipally owned land including Parks, Recreation
Areas, and street Boulevards.
1.20 ‘Vehicle’ means a truck, automobile, motor cycle, motor scooter, minibike,
trailer, Bicycle, carriage, wagon, sleigh, snowmobile, or any Vehicle or
conveyance of every description and whatever the motive power, except a
baby carriage or cart, child's wagon, child's sleigh, wheelchair or motorized
assistive devices for persons with disabilities.
1.21 ‘Washroom’ means any permanent or temporary structure or portion of a
structure located in Recreational Area that contains toilets or urinals and
wash basins.
Section 2 – General Provisions
2.1 In any Park or Recreation Area within the Municipality, no person shall:
Vehicles and Parking
2.1.1 drive any Vehicle other than on the Designated Roadways or drive or
ride or be in the care or Control of any Vehicle on any area which is not a
Roadway, or which has any signage, gate or barricade showing that such
area is closed to vehicular traffic;
2.1.2 use a motorized snow vehicle or motorized all-terrain vehicle;
Personal Conduct
2.1.3 engage in riotous, boisterous, violent, threatening, lewd or illegal conduct or use profane
or abusive language, including:
i. making any verbal comments or physical gestures about or toward anyone that
could reasonably be considered to be offensive, derogatory or abusive;
ii. making noise likely to disturb any inhabitant or interfere with the
enjoyment of the Park or Recreation Area through the use of
electronic equipment or any other means;
iii. urinating or defecating except in a Washroom facility;
iv. engage in conduct that endangers the health and safety of
himself, herself or others;
2.1.4 remain in a Park or Recreation Area after being requested to vacate the Recreation Area
by a Municipal Law Enforcement Officer, or Police Officer;
2.1.5 plant any Tree or remove, cut down or injure any Tree in any Park or connecting ravine,
Recreation Area or on Boulevards related thereto.
Alcoholic Beverages
2.1.5 consume, serve, sell or possess Liquor without proper approval of the Municipality and
the Alcohol and Gaming Commission of Ontario;
Hours of Use
2.1.6 enter or remain in a Park or Recreation Area between 11:00PM and 5:00AM of the
following day, except to the extent that the Municipality has specifically authorized the
use of the Park or Recreation Area beyond 11:00PM.
Vandalism and Damage to Property
2.1.7 climb, break, peel bark from, cut, remove, burn, deface or otherwise damage any Tree,
shrub or bush, or pick, destroy or remove any flower, plant, roots, sod or rock;
2.1.8 remove, break, deface, or otherwise damage any monument, display, cage, pen, gate,
seat, bench, picnic table, fence, posted sign, lock, barrier or any other equipment of the
Municipality located therein;
2.1.9 willfully break, deface, or otherwise damage any of the gates, locks, bolts or fences or
any of the seats or benches, buildings or other property or equipment or any other
Municipal property;
2.1.10 willfully destroy, cut, mark, break, dig, tear up, burn, paint or write upon or in any way
damage or deface any fountain, bridge, fence, wall, gate, Roadway, pavement, parking
area, sidewalk or other facility, erection or improvement, or any building, or other
structure or any appurtenance thereof or any swing, slide, playground apparatus, table,
seat, bench, sign, vase, or other fixture, equipment or personal property or ornament or
utility;
2.1.11 attach to or in any manner fasten to any Tree, any wire, rope, chain, cable, or other
such devices;
Animal Care & Control
2.1.12 cause or permit any animal under their Control or ownership to damage any Tree, shrub,
bush, flower, plant or roots thereof;
2.1.13 permit a dog to defecate unless the owner or other person in charge of the dog forthwith
removes the feces;
Trash and Recycling
2.1.14 fail to deposit Refuse in containers provided or if containers are not provided fail to
remove Refuse;
Posting Notices
2.1.15 post any sign or poster on any pole, Tree, planter, building, fence, bench, picnic table,
electrical transmission unit, lamp standard, or Municipal or utility company equipment of
any kind;
Weapons
2.1.16 carry, use or discharge any firearm, slingshot, bow and arrow, catapult or airgun or throw
any stone or missile, except under specifically written permission from the Municipality;
Beach Lifesaving Equipment
2.1.17 remove, break, deface, or otherwise damage any item of lifesaving equipment or any
other equipment of the Municipality located at the Municipal Beach or Pier area.
Section 3 – Activities Subject to Approval
3.1 No Person shall claim, attempt to claim or have exclusive use of any Playground
Equipment, Natural Park Area, Park or Recreation Area within the Municipality.
3.2 Notwithstanding provision 3.1 of this by-law a person may claim exclusive use of areas
of a Park or Recreation Area subject to the appropriate rental and rental agreement
pursuant to the Rates & Fees By-law.
Section 4 – Exceptions
4.1 Notwithstanding any provision of this by-law restricting the use of Motor Vehicles in any
Park or Recreation Area, and for greater certainty only, a wheelchair or similar device
(motorized or otherwise) used by an individual due to a disability may be used in any
Park or Recreation Area including all pathways and the accessible portions of Trails.
4.2 Notwithstanding any provision of this by-law, Vehicles operated on behalf of an
emergency medical service, fire department, police department, public utility, and the
Municipality shall have full access to all parts of a Park or Recreation Area at all times
where such access is possible.
Section 5 - Enforcement
5.1 A Municipal Law Enforcement Officer may enforce the provisions of this by-law.
5.2 A Municipal Law Enforcement Officer may order a person believed to be in contravention
of this by-law to:
5.2.1 cease the activity that is in contravention of the by-law; and/or
5.2.2 leave the Park, Recreation Area or any facility therein.
5.3 Upon the default of any person to do anything required to be done under the provisions
of this By-law, or to repair any damage caused by any action prohibited by this By-law,
the Municipality may, upon giving ten (10) days’ notice in writing to the said person, do
the work required to be done, or repair the damages caused by the said person at the
expense of the said person. All expenses incurred by the Municipality in doing the said
works, including but without limiting the generality of the foregoing materials, labour,
equipment, administration and legal expenses shall be paid by the said person and may
be recovered by action in any court having jurisdiction.
5.4 The expenses as aforesaid shall bear simple interest from the date incurred at the rate of
1.25% per month until paid.
5.5 Users of Parks and Recreation Areas are subject to all applicable Municipal by-laws and
all Provincial and Federal laws and regulations and all persons violating any by-law or
law may be ordered to leave any Park or Recreation Area.
Section 6 - Penalty
6.1 Any Person who contravenes any of the provisions of this by-law is guilty of
an offence and upon conviction is liable to pay a fine or penalty for each
offence, exclusive of costs, as provided for in the Provincial Offences Act.
6.2 The court in which a conviction has been entered for contravention of this By-
law and any other court of competent jurisdiction thereafter, may make an
order prohibiting the continuation or repetition of the offence by the person
convicted, and such order shall be in addition to any other penalty imposed by
the court on the person convicted.
6.3 No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Municipal Law Enforcement Officer while exercising any power or performing
any duty under this By-law.
Section 7 - Liability for Damages
7.1 The provisions of this By-law shall not be construed as relieving or limiting
the responsibility or liability of any person utilizing a Park or Recreation Area
for personal injury or property damage resulting from the use of a Park or
Recreation Area or resulting from the negligence or willful acts of such
person, or his or her agents or employees, in the utilization of a Park or
Recreation Area. Likewise, the provisions of this section shall not be construed
as imposing on The Corporation of the Municipality of Bayham, its officers,
employees, servants, agents and contractors any responsibility or liability
(whatsoever) by reason of the removal of any unauthorized utilization of a Park
or Recreation Area.
Section 8 - Administration
8.1 In this By-law, unless the contrary intention is indicated, words used in the
singular shall include the plural and words used in the male gender shall
include the female gender or vice versa, where applicable.
8.2 If there is a conflict between a provision in this By-law and a provision of any
other Municipal By-law, the provision that establishes the highest standard to
protect the health, safety and welfare of the general public shall apply.
8.3 This by-law applies to all Recreation Areas and Parks as defined in this by-
law and any premises located therein which are under the ownership or
management of the Municipality, together with the avenues, Boulevards,
drives, ravines, trails, streets and approaches thereto and connecting the
same.
8.4 Nothing in this by-law relieves any person of the responsibility for adhering
to other applicable laws or for obtaining the approval of the Federal and
Provincial governments or agencies thereof as required.
8.5 This by-law shall take effect on the date of passage by Council.
8.6 In the event any section or provision of this By-law is held invalid, the
remainder of the By-law shall continue in force.
READ a FIRST, SECOND and THIRD TIME and finally passed this 21st day of
December, 2017.
___________________________ _____________________________
MAYOR CLERK
BY-LAW NUMBER 2017-126
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BEING A BY-LAW TO ESTABLISH AN ADVISORY BOARD AND COMMITTEE POLICY
WHEREAS Council of The Corporation of the Municipality of Bayham deems it expedient to
adopt a policy with respect to Advisory Boards and Committees, including, Rules of Procedure
and Terms of Reference;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS:
1. THAT the Council of the Corporation of the Municipality of Bayham hereby adopts the
Advisory Board and Committee Policy attached hereto as “Schedule A” and forming part
of this by-law;
2. THAT By-law No. 2015-085 is hereby repealed in their entirety.
3. THAT this by-law shall come into full force and effect upon final passing
READ A FIRST, SECOND AND THIRD TIME and finally passed this 21st day of December,
2017.
____________________________ _____________________________
MAYOR CLERK
Corporation of the Municipality of Bayham
Date of Council Approval: December 21, 2017
Date of Latest Revision:
Policy Name: Municipality of Bayham Advisory Board and Committee Policy
Section 1 - Purpose
The Municipality of Bayham Advisory Board and Committee Policy will guide a consistent,
accountable approach to working with Municipality of Bayham Advisory Board and
Committee Members. The Municipality of Bayham Advisory Board and Committee Policy in
conjunction with the Municipality of Bayham Advisory Board and Committee Rules of
Procedure, attached hereto as Appendix ‘A’, will guide current and future Advisory Board and
Committee Member activity throughout the Municipality of Bayham. The Municipality of
Bayham Advisory Board and Committee Policy is part of a broader Municipal effort to
participate in meaningful, transparent engagement with all residents of the Municipality of
Bayham.
Section 2 - Scope
The Municipality of Bayham Advisory Board and Committee Policy governs Municipal
responsibilities to its Advisory Board and Committee Members, as well as the selection,
orientation and safety of Advisory Board and Committee Members. The Municipality of
Bayham Advisory Board and Committee Policy also governs Advisory Board and Committee
Member rights and Advisory Board and Committee Member responsibilities to the
Municipality.
Section 3 - Philosophy
Advisory Boards and Committees have been, and will continue to be, an integral component
of the Municipality. Advisory Board and Committee Members complement and support the
work of Councillors and staff, accomplish important tasks that would not otherwise be done,
and support programs that could cease to exist without Advisory Board and Committee
Member participation. The Municipality recognizes and greatly values the commitment and
contributions of Advisory Board and Committee Members to furthering the mandate,
objectives and activities of Advisory Boards and Committees of the Municipality. Municipality
of Bayham Advisory Board and Committee Members enhance and augment programs within
the Municipality.
Advisory Board and Committee Members bring a wide variety of skills, knowledge and
experience, all of which combine to strengthen the Municipality. Therefore, the Municipality
strives to provide Advisory Board and Committee Members with a meaningful portfolio that
suits their skills, as well as a rewarding and challenging community-oriented experience for
all those interested in the goal of enhancing the Municipality of Bayham.
Section 4 - Advisory Board and Committee Member Recognition Program
The Council of the Municipality of Bayham shall every four years, in the final year of a term of
Council recognize Advisory Board or Committee Members and Community Volunteers by
hosting a Volunteer Appreciation Night. All Advisory Board and Committee Members and
Community Volunteers will have the opportunity to attend and celebrate volunteerism in the
Municipality of Bayham.
Section 5 – Municipal Responsibilities
In working with Advisory Boards and Committees, the Municipality will fulfill the following
responsibilities:
a)Ensure that Councillors and staff recognize the role of Advisory Board and Committee
Members;
b) Provide Advisory Board and Committee Members with the Municipality of Bayham
Advisory Board and Committee Rules of Procedure outlining the conduct of business
at Advisory Board and Committee Meetings;
c)Provide Advisory Board and Committee Members with written Advisory Board and
Committee portfolios outlining the mandate of each Advisory Board and Committee, a
copy of which is attached hereto as Appendix ‘B’ and shall be amended from time to
time;
d) Provide Advisory Board and Committee Members with appropriate orientation to the
Municipality of Bayham Advisory Board and Committee Policy and supporting
documentation.
Section 6 - Selection and Placement
Municipality of Bayham Advisory Board and Committee Members are appointed and operate
based on the concept of Equal Opportunity and Diversity.
The Municipality maintains a strong policy of equal opportunity. The Municipality accepts,
and dismisses Advisory Board and Committee Members on the basis of personal
competence, performance and dedication, without regard to race, colour, ancestry, national
origin, age, gender, or sexual orientation.
The process for selection, placement and dismissal from Municipality of Bayham Advisory
Boards and Committees is as detailed in the Municipality of Bayham Advisory Board and
Committee Rules of Procedure. An applicant must submit the Municipality of Bayham
Advisory Board and Committee Application Form, a copy of which is attached hereto as
Appendix ‘C’, to initiate the selection and placement process.
Section 7 - Orientation
Every Advisory Board and Committee Member shall be required to attend one (1)
orientation session. It is the responsibility of the CAO|Clerk to:
a)Provide an overview of the Municipality of Bayham Advisory Board and Committee
Members rights and responsibilities, including Advisory Board and Committee
Member responsibilities pertaining to confidentiality;
b)Provide a comprehensive Municipality of Bayham Advisory Board and Committee
Accessibility Handbook to all Municipality of Bayham Advisory Board and Committee
Members.
Additionally, every Advisory Board and Committee Member shall have a clearly identified
Advisory Board or Committee Chair and a Council or staff representative who will be
available for consultation and support.
Section 8 - Advisory Board and Committee Member Responsibilities
Advisory Board and Committee Members have the responsibility to fulfill the role of an
Advisory Board and Committee Member as outlined in the Municipality of Bayham Advisory
Board and Committee Rules of Procedure and Code of Conduct in addition to the following:
a)Act as an ambassador of the Municipality of Bayham in the community in an effort to
spread knowledge and understanding of the mandate of the specific Advisory Board
or Committee;
b)Not falsely represent the Municipality of Bayham Advisory Boards and Committees to
outside partners, agencies or the public;
c)Respect confidences and privacy of the Municipality of Bayham Advisory Boards and
Committees;
d)Be held accountable for their actions;
e)Be wiling to learn and grow in the Advisory Board and Committee position;
f)Work cooperatively with Municipality of Bayham Councillors and staff, recognizing and
appreciating differences of opinion;
g)Be considerate, respect competencies and work as a team with all staff and other
Advisory Board and Committee Members;
h)Complete the training and/or orientation provided;
i)Immediately clarify any uncertainties with the Advisory Board or Committee Chair,
Councillor or staff representative;
j)Follow all applicable policies, procedures and by-laws established by the Municipality
of Bayham.
k) Be required to sign a confidentiality statement;
l)Advisory Board and Committee activity participants under the age of eighteen (18)
years must be accompanied by an adult (either a parent, guardian, staff person or
Advisory Board and Committee Member supervisor);
Section 9 - Accessibility
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Ascent on
June 13th, 2005 and is legislation which impacts persons, businesses and other
organizations across Ontario in both the Public and Private sector. The main purpose of the
legislation is the achievement of accessibility for all Ontarians with disabilities with respect to
goods, services, facilities, accommodation, employment, building structures and premises on
or before January 1st, 2025, by developing, implementing and enforcing standards of
accessibility. Compliance is mandatory and AODA has strong enforcement provisions
including inspections, orders and significant penalties.
While serving on any Municipality of Bayham Advisory Board or Committee, all Municipality
of Bayham Advisory Board and Committee Members shall comply with all Municipality of
Bayham Accessibility Policies. Municipality of Bayham Advisory Boards and Committees
shall also ensure that adequate provisions are made to ensure that Places of Meeting,
Agenda and Minute formats, communications and conduct of meetings are accessible, to
provide maximum participation. Reference may be made to the provisions of the Municipality
of Bayham Accessibility Handbook, a copy of which is attached hereto as Appendix ‘D’.
Section 10 - Municipal Freedom of Information and Protection of Privacy Act
The Municipal Freedom of Information and Protection of Privacy Act applies to all local
government organizations, including:
a)municipalities
b)school boards
c)public utilities
d)transit and police commissions
e)fire departments
f)conservation authorities
g)boards of health
h)other local boards
The Municipal Freedom of Information and Protection of Privacy Act requires the Municipality
to protect the privacy of an individual's personal information existing in government records
and provides a right of access to information held by the Municipality. The Municipal
Freedom of Information and Protection of Privacy Act creates a privacy protection scheme
the Municipality must follow to protect an individual's right to privacy. The scheme includes
rules regarding the collection, use, disclosure and disposal of personal information in the
custody and control of the Municipality.
The Municipality, as a whole, including Advisory Boards and Committees, are accountable
for complying with the Municipal Freedom of Information and Protection of Privacy Act. It is
against the law to release any personal information to anyone other than the person that the
information is about. As such, all Advisory Board and Committee members must sign the
Municipal Freedom of Information and Protection of Privacy Act Confidentiality Statement,
attached hereto as Appendix ‘E’. The Municipal Freedom of Information and Protection of
Privacy Act, Section 48, provides for penalties for contravention of the said Act. Examples of
personal information include, but are not limited to, the following information about an
identifiable individual:
a)race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or
family status;
b)education, medical, psychiatric, criminal or employment history;
c)financial transactions involving an individual;
d)any identifying number assigned to an individual;
e)home address, telephone number;
f)fingerprints, blood type;
g)personal opinions of or about an individual;
h)correspondence between an individual and the Municipality of a confidential nature;
i)individual’s name if it appears with other personal information or disclosure of the
name would reveal other personal information.
The Municipality of Bayham CAO|Clerk is responsible for processing all access requests,
gives direction to Municipal staff on informal information requests and implements privacy
protection practices. If an Advisory Board or Committee Member is unsure about the
requirements pertaining to information or a record in their possession, the Advisory Board
or Committee Member should contact the Municipality of Bayham CAO|Clerk prior to
disclosure of any record or information for instruction.
Municipality of Bayham
P.O. Box 160
56169 Heritage Line
Straffordville, Ontario
N0J 1Y0
Phone: 519-866-5521
Web site: www.bayham.on.ca
Section 11 - Municipal Conflict of Interest Act
The Municipal Conflict of Interest Act strives to control the actions of elected and appointed
Municipal representatives by obliging them to publicly disclose any direct or indirect
pecuniary interests they have in a matter before Council, Committee and Advisory Boards or
Committees. Conflict of interest legislation is limited to pecuniary interests. The term
“pecuniary interest” is not defined in the Municipal Conflict of Interest Act, but includes direct,
indirect and deemed pecuniary interests. Its dictionary definition is “to relate to money”.
The Municipal Conflict of Interest Act captures several scenarios that are not immediately
apparent as conflicts;
a)A direct or indirect pecuniary interest is a financial interest that an Advisory Board or
Committee Member (which includes an Advisory Board or Committee Member’s
parent, spouse, partner, child (not restricted to a person 18 years of age. It includes
natural children, adopted children, and those or treated as child. Accordingly,
stepchildren, nephews and nieces, foster children)) or controlling interest in a
corporation, has in a matter before an Advisory Committee or Board;
b)An Advisory Board or Committee Member who is a partner of a person, or who is in
the employment of a person or body that has a pecuniary interest in a matter must
declare a conflict of interest;
c)Whether the financial interest is positive or negative is immaterial for the purposes of
Municipal Conflict of Interest;
d)Municipal Conflict of Interest Act lists a number of conflicts of interest that do not need
to be declared under the statute.
If an Advisory Board or Committee Member has a conflict of Interest the Municipal Conflict of
Interest Act requires:
a) the Advisory Board or Committee Member to disclose the pecuniary interest;
b)the Advisory Board or Committee Member to not influence before, during or after a
vote;
c)the Advisory Board or Committee Member to not participate in the discussion or
decision making;
d)the Advisory Board or Committee Member to leave the room, if the matter is dealt with
in-camera under the provisions of the Municipal Act, 2001;
In the event of an alleged contravention, an elector may bring an application before a Judge
of the Ontario Court of Justice for a determination of whether an Advisory Board or
Committee Member has contravened the Municipal Conflict of Interest Act.
Section 12 - Advisory Board and Committee Member Health and Safety
Advisory Board and Committee Members should never be asked to do anything unsafe, and
have the right to refuse any request, function or activity they feel is unsafe. The Municipality
of Bayham has a wide range of interactions with Advisory Board and Committee Members
and therefore expects that different approaches shall apply to different Advisory Board and
Committee activities.
It is important that approaches be designed within an overall policy framework across the
entire Municipality of Bayham. The health and safety of Advisory Board and Committee
Members is paramount and will be managed in accordance with the same principles and
processes as that of Councillors and staff. All Advisory Board and Committee projects will
comply with the Occupational Health and Safety Act and Regulations, and the Municipality of
Bayham Occupational Health and Safety Policies. Health and safety instruction and training
relevant to the specific Advisory Board and Committees will be provided to Advisory Board
and Committee Members based on their specific Advisory Board and Committee Health and
Safety Profile, which shall include access to the Municipality of Bayham Health and Safety
Policy Manual. Training for Advisory Board and Committee Members shall comprise of a
health and safety introduction and specialized training or continuing training as required for
each specific Advisory Board and Committee. The introduction shall ensure that Advisory
Board and Committee Members understand their duties, rights, responsibilities, health and
safety issues and accident and emergency procedures.
Advisory Board and Committee Members shall have the following responsibilities:
a)Be familiar with the applicable requirements of the Municipality’s Health and Safety
Policy and the Occupational Health and Safety Act and Regulations, and ensure
compliance with the same;
b)Take every possible precaution to protect themselves, fellow Advisory Board and
Committee Members and the public from health hazards and unsafe situations;
c)Properly wear and use personal protective equipment where required;
d)Familiarize themselves with the location and operation of all safety equipment
including first-aid kits and fire extinguishers;
e)Be responsible for the prompt reporting to their Chair, Councillor or staff person of
health and safety hazards, unsafe acts or conditions, accident and injuries;
f)To not engage in any prank, contest, feat of strength, unnecessary running or rough
boisterous conditions.
Advisory Board and Committee Members must report all accidents and injuries to their Chair,
Councillor or staff person immediately. The Chair, Councillor or Staff person shall notify the
Health and Safety Committee of the accident or injury immediately.
Advisory Board and Committee Members are prohibited from using or possessing illicit
drugs, alcohol or using prescription drugs in any way that is illegal. Municipality of Bayham
Advisory Board and Committee Members under the influence of drugs and/or alcohol will not
be tolerated, and will result in the Advisory Board and Committee Member’s dismissal.
Section 13 - Insurance and Liability
The issue of liability is based on the principle that people are responsible for their conduct in
the course of daily activities. Failure to conduct oneself in a responsible and reasonable
manner could result in a tort. A tort is a civil wrong as opposed to a criminal wrong and
occurs when negligent conduct results in some injury to others. Negligent conduct can
include acts of commission or omission. The resulting damage might be to either person or
property.
Advisory Board and Committee Members, inclusive of Student, Affiliate and single day
volunteers, while acting within a specific Advisory Board and Committee established
mandate and under the control and direction of the Council of the Municipality of Bayham are
covered by the Municipality of Bayham General Liability Insurance Policy. Advisory Board
and Committee Members acknowledge the following:
1.Advisory Board and Committee Members shall not be covered by
Workplace Safety Insurance Board coverage.
2.Advisory Board and Committee Members will abide by all applicable
Municipal by-laws, policies and rules, as may be amended from time to
time.
3.Advisory Board and Committee Members will not use facilities, equipment
and property owned by the Municipality without approval of a Municipal staff
person, and will not use them for personal purposes.
RULES OF PROCEDURE
FOR ADVISORY BOARDS AND COMMITTEES OF THE
CORPORATION OF THE MUNICIPALITY OF BAYHAM
TABLE OF CONTENTS – ADVISORY BOARD AND COMMITTEE PROCEDURAL
BY-LAW
MUNICIPALITY OF BAYHAM
SECTION TITLE
1 DEFINITIONS AND INTERPRETATION
2 GENERAL PROVISIONS
3 DUTIES OF ADVISORY BOARDS AND COMMITTEES
4 MEETINGS
5 ADVISORY BOARDS AND COMMITTEES
6 AGENDAS AND MINUTES
7 ORDER OF PROCEEDINGS
8 RULES OF DEBATE AND CONDUCT
9 MOTIONS
10 VOTING ON MOTIONS
11 CONDUCT OF AUDIENCE
12 ADMINISTRATION
BY-LAW NO. 2017-126
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF
MUNICIPAL ADVISORY BOARDS AND COMMITTEES OF
THE MUNICIPALITY OF BAYHAM AND OF THE CONDUCT
OF ITS MEMBERS
WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires
every Municipality to pass a Procedural By-law for governing the calling, place and
proceedings of meetings;
AND WHEREAS the Corporation of the Municipality of Bayham supports and
acknowledges the value of Advisory Boards and Committees and there Members;
AND WHEREAS the Council for The Corporation of the Municipality of Bayham now
deems it advisable to enact a By-law to govern the proceedings of Municipal Advisory
Boards and Committees, the conduct of its Members and the calling of Meetings, and to
provide for procedures and statutory requirements in accordance with the Act;
NOW THEREFORE the Council for The Corporation of the Municipality of Bayham enacts
as follows:
Section 1 – DEFINITIONS AND INTERPRETATION
1.1 For the purposes of this By-law; unless stated otherwise or the context
requires a different meaning:
“Advisory Board or Committee” shall mean a board or committee appointed by
Council to act in an advisory capacity to Council on operational and strategic issues
during the full term of Council.
“CAO|Clerk” shall mean the CAO|Clerk of the Municipality of Bayham.
“Chair” shall mean the Member appointed as such by the Advisory Board or
Committee.
“Council” shall mean the Council of The Corporation of the Municipality of Bayham.
“Councillor” shall mean a person elected or appointed as a Member of Council but
does not include the Mayor.
“Delegation” shall mean a person or group of persons desiring to verbally present
information or to make a request to the Advisory Board or Committee.
“Mayor” shall mean the Head of Council for the Municipality.
“Meeting” shall mean any Meeting of the Advisory Board or Committee.
“Member” shall mean a Member an Advisory Board or Committee of the
Corporation of the Municipality of Bayham.
“Motion” shall mean a question or proposal to be considered by the Advisory Board
or Committee and which is moved and is subject to debate. When a Motion is
adopted, it becomes a Resolution.
“Municipal Act” shall mean the Municipal Act, 2001,(S.O.2001, c. 25), as amended
or replaced from time to time.
“Pecuniary Interest” shall mean a direct or indirect Pecuniary Interest within the
meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter M.50, as may
be amended.
“Point of Order” shall mean a statement made by a Member during a Meeting
drawing to the attention of the Chair a breach of the Rules of Procedure.
“Point of Privilege” shall mean the raising of a question that concerns a Member,
or all of the Members of Council, when a Member believes that his rights,
immunities or integrity or the rights, immunities or integrity of the Advisory Board or
Committee as a whole have been impugned.
“Presiding Member” shall mean the Chair of the Meeting.
“Quorum” shall be as defined in Section 4.8 of this Procedural By-law.
“Resolution” shall mean a formal expression of opinion or intention by and
Advisory Board or Committee.
“Rules of Procedure” shall mean the rules and requirements contained within this
Procedural By-law.
“Secretariat” shall mean the person elected by the Advisory Board or Committee
responsible for the preparation of Agendas and taking of Minutes for the Advisory
Board or Committee
“Municipality” shall mean the Corporation of the Municipality of Bayham.
“Vice Chair” shall mean such Member of an Advisory Board or Committee who has
been elected to act in the place and stead of the Chair when such Chair is absent
from a meeting of the Advisory Board or Committee for any cause and who shall
exercise all the rights, power and authorities of the Chair.
“Website” shall mean the Municipality of Bayham website address identified as
www.bayham.on.ca
Section 2 - GENERAL PROVISIONS
2.1 Applicability
2.1.1 Save as otherwise provided herein, the procedural rules and
requirements of this by-law shall be observed in all Advisory Board
and Committee Meetings and shall be the rules and requirements
which govern the order of their business.
2.1.2 This By-law applies to the creation, amendment and dissolution of
Advisory Boards and Committees and to appointments for
representation of the public, Staff and Members of Council as
authorized by Council on Advisory Boards and Committees.
2.1.3 This by-law outlines a fair and equitable approach and process for the
establishment and operation of Advisory Boards and Committees.
2.2 Issue not Addressed
2.2.1 If an issue is raised that is not expressly addressed in this By-law, the
issue shall be decided by the Chair or Vice Chair, subject to an appeal
to the Advisory Board or Committee, as the case may be.
2.2.2 All points of order or procedure not provided for in these Rules of
Procedure shall be decided in accordance with the rules of procedure
known as Robert’s Rules of Order.
2.4 Communication Devices
2.4.1 All communication devices shall be switched to ‘silent’ upon entering
the location where any Council or Committee Meeting is being held.
Section 3 - DUTIES OF ADVISORY BOARDS AND COMMITTEES
3.1 Duties of the Chair
3.1.1 It shall be the duty of the Chair to carry out the following
responsibilities:
a) to open the Meeting of the Advisory Board or Committee by
taking the Chair and calling the Members to order;
b) to announce the business before the Advisory Board or
Committee in the order in which it is to be acted on;
c) to receive and submit, in the manner prescribed by this
Procedural By-law, all Matters of Business presented by
Members;
d) to recognize any Member who wishes to speak and to
determine the order of the speakers;
e) to put to vote all questions which are regularly moved or
necessarily arise in the course of the proceedings and to
announce the results;
f) to participate as an active and voting member, encouraging
active participation by all Advisory Board and Committee
members;
g) to decline to put to vote motions which contravene the
provisions of this Procedural By-law;
h) to enforce the provisions of the Procedural By-law;
i) to enforce on all occasions, the observance of order and
decorum among the Members;
j) to call by name, any Member refusing to comply with this
Procedural By-law and to order the Member to vacate the place
of Meeting;
k) to cause to be expelled and excluded any member of the public
who creates a disturbance or acts improperly during a Meeting;
l) to authenticate, by signature, all Meeting minutes;
m) to rule on any points of order raised by Members;
n) to represent and support the decisions of the Advisory Board or
Committee, declaring its will and explicitly and implicitly obeying
its decisions in all things;
o) to be the point of contact with Council, staff and any media
relations;
p) to review the goals and objectives of the Advisory Board or
Committee and ensure the work plan is realistic, up-to-date and
being followed;
q)to recognize workload limitations of the Advisory Board or
Committee;
r)to adjourn the Meeting when the business is concluded.
3.2 Duties of the Vice Chair
3.2.1 Where the Chair gives notice that he will be absent from the Advisory
Board or Committee, or of his absence through illness, or he refuses
to act, then the Vice Chair shall act in his place and instead of the
Chair and, while so acting, has and may exercise all the rights, powers
and authority of the Chair.
3.3 Duties of the Members of Advisory Boards and Committees
3.3.1 It shall be the duty of the Members to carry out the role of the Advisory
Board or Committee as set forth in the Advisory Board or Committee
mandate, in addition to the following responsibilities:
a)to deliberate on the business submitted to the Advisory Board
or Committee;
b)to vote when a motion is put to a vote, except where otherwise
disqualified from doing so by law;
c)to apply and respect the Rules of Procedure;
d)to attend all scheduled and special Advisory Board or
Committee meetings, sending regrets otherwise;
e)to understand his role and expectations, including all applicable
Municipality Policies;
f)to follow the agenda and stay focused on the topic at hand;
g)to understand and follow the mandate of the Advisory
Board or Committee, including its relationship to Council;
h)to understand and respect the role and expectations of all
participants;
i)to develop and maintain a climate where mutual support, trust,
respect, courtesy, teamwork, creativity and a sense of humour
are valued;
j)to maintain a high degree of professionalism, discharging all
duties with honour and integrity in order that the member may
merit the trust and confidence of the citizens of the
Municipality of Bayham, Council and staff;
k)to respect the individual worth and dignity of other members
and, at all times, work together to achieve a common vision for
the community, utilizing the diverse knowledge, expertise and
talents of all members to optimal advantage;
l)to challenge ideas and not people, creating a climate where it is
okay to disagree;
m)to communicate directly, concisely and honestly, listening
without interruption, and be open-minded, allowing a variety of
opinions to be heard;
n)to work effectively with the administration to provide excellent
service to residents, recognizing the professional obligations of
staff as an employee of the Municipality and not intervening in
administrative practices;
o)to respect that resolutions made shall reflect the majority view
of the Advisory Board or Committee;
p)to respect that decisions of Council are final and accurately
communicate the decisions of Council even if they disagree
with the majority decision of the Advisory Board or Committee;
q)to respect confidential information;
r)to attend any training session for Members.
3.3.2 Members shall adhere to the Advisory Board and Committee Code of
Conduct attached hereto as Schedule “A”, as adopted by Council and
as amended from time to time.
3.3.3 Advisory Boards or Committees may appoint Affiliate or Student
Members from time to time. Affiliate or Student Members shall be
bound by Sections 3.3.1 and 3.3.2 of this Procedural By-law; however,
Affiliate and Student Members shall have no voting privileges.
3.4 Duties of the Council Members and Staff on Advisory Boards and
Committees
3.4.1 It shall be the duty of Council Members and staff appointed to Advisory
Boards and Committees to carry out the role of the Member as set
forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the
following responsibilities:
a)to contact Advisory Board or Committee Chairs if issues or
concerns related to Members or staff arise and ensure conflict
resolution mechanisms are employed, where appropriate;
b)to assist the Advisory Board or Committee by offering policy
advice on matters within the purview of the Advisory Board
or Committee;
c)to assist the Chair in preparing any reports or action items.
3.4.2 Council Members and staff shall only vote if the Terms of Reference or
mandate of the individual Advisory Board or Committee permit.
3.5 Duties of the Secretariat of Advisory Boards and Committees
3.5.1 It shall be the duty of the Member elected as Secretariat to the
Advisory Board or Committee to carry out the role of the Member as
set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the
following responsibilities:
a)to prepare agendas including relevant resolutions in
cooperation with the Chair;
b)to electronically distribute agendas to Members before a
meeting;
c)to arrange for or set up of meeting areas, giving consideration
to the nature of the matters to be discussed, any audio-visual
requirements, attendance by the public and ensuring
accessibility for all in compliance with the Municipality
Accessibility for Ontarians with Disabilities Act Handbook;
d)to arrange for attendance of invited guests at meetings, in
conjunction with the Chair;
e)to record when the meeting started and adjourned;
f)to record the Members present and absent;
g)to take minutes, recording a summary of the discussion for
each item, actions to be taken and recommendations, including
the names of the movers of motions;
h)to finalize minutes for distribution.
Section 4 - MEETINGS
4.1 Place of Meeting
4.1.1 Unless otherwise directed by the Advisory Board or Committee, all
Meetings shall be held in Municipal facilities.
4.2 Inaugural Meeting
4.2.1 The Inaugural Meeting of the Advisory Board or Committee shall be
held at a time determined by the Council or staff Member appointed to
the Advisory Board or Committee.
4.2.2 The Advisory Board or Committee Council or staff Member shall be
responsible for the location, content and format of the Agenda for the
Inaugural Meeting and all arrangements related thereto.
4.3 Regular Meetings
4.3.1 Regular Meetings of Advisory Boards and Committees shall be held
on a set schedule with fixed start times to be determined by the
Advisory Board or Committee at its Inaugural Meeting, which schedule
will be provided to the CAO|Clerk immediately following the Inaugural
Meeting.
4.3.2 Where a change is made to the day and time of an Advisory Board or
Committee Meeting, the Chair shall give notice of the change to all
Members via email.
4.6 Meetings Open to Public
4.6.1 Subject to Section 4.7 of this Procedural By-law, Meetings shall be
open to the public and no person shall be excluded therefrom except
for improper conduct.
4.6.2 The Chair may request that members of the public vacate the Place of
Meeting if their behaviour is deemed to be disruptive to the business at
hand. The Chair may unilaterally suspend the Meeting until order is
restored in the Place of Meeting.
4.7 Closed Meetings
4.7.1 Except as otherwise provided herein, all Meetings shall be open to the
public.
4.7.2 The Advisory Board or Committee may, by resolution, close a Meeting
or part of a Meeting to members of the public if the subject matter
being considered is:
a) the security of the property of the Municipality or Local Board;
b) personal matters about an identifiable individual, including
Municipal and Local Board Employees;
c) a proposed or pending acquisition or disposition of land by the
Municipality;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before
administrative tribunals, affecting the Municipality;
f) the receiving of advice that is subject to solicitor-client
privilege, including communications necessary for that
purpose;
g) a matter in respect of which the Council is authorized by
another provincial statute to hold a closed meeting;
h) information explicitly supplied in confidence to the municipality
or local board by Canada, a province or territory or a Crown
agency of any of them;
i) a trade secret or scientific, technical, commercial, financial or
labour relations information, supplied in confidence to the
municipality or local board, which, if disclosed, could
reasonably be expected to prejudice significantly the
competitive position or interfere significantly with the
contractual or other negotiations of a person, group of
persons, or organization;
j) a trade secret or scientific, technical, commercial or financial
information that belongs to the municipality or local board and
has monetary value or potential monetary value; or
k) a position, plan, procedure, criteria or instruction to be applied
to any negotiations carried on or to be carried on by or on
behalf of the municipality or local board.
4.7.3 A motion by the Advisory Board or Committee, to close a Meeting or
part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting;
b) the general nature of the subject matter to be considered at the
closed Meeting.
4.7.4 Where a Meeting or part of a Meeting is closed to the public, the
Advisory Board or Committee shall request those persons not
specifically invited to the closed Meeting to vacate the Place of
Meeting.
4.7.5 A Meeting or part of a Meeting shall not be closed to the public during
a vote.
4.7.6 The Motion to rise from “In Camera” shall include the time that the
Advisory Board or Committee arose.
4.7.7 The Secretariat shall record without note or comment all resolutions,
decisions and other proceedings at a Meeting of the Advisory Board or
Committee when it is closed to the public.
4.7.8 Members shall ensure that confidential matters disclosed to them
during closed Meetings are kept confidential. Any breach of
confidential matters disclosed during closed Meetings shall be subject
to the sanctions contained in the Advisory Board and Committee Code
of Conduct.
4.8 Quorum
4.8.1 Quorum shall be a simple majority of the total Advisory Board or
Committee Members, including any vacancies. Subcommittees and
Working Groups are subject to quorum rules Advisory Boards and
Committees may appoint working group and sub committiees).
4.8.2 If a Quorum is not present within thirty (30) minutes after the time
appointed for the Meeting, the Secretariat shall record the names of
the Members present and the Meeting shall stand adjourned until the
date of the next Regular Meeting or other Meeting called in
accordance with the provisions of this Procedural By-law.
4.9 Adjournment - Due Hour
4.9.1 Except as provided in Section 9.1.16 of this Procedural By-law, a
Regular or Special Meeting of an Advisory Board or Committee shall
adjourn at the hour of 11:00 p.m., if in session at that time, and shall
reconvene at such other day and time as the Advisory Board or
Committee, by resolution, may direct.
4.10 Cancellation of Meeting
4.10.1 The Chair or the Vice Chair, in the Chair’s absence, or the Secretariat,
in the absence of both the Chair and Vice Chair, may cancel any
Meeting of the Advisory Board or Committee if he is of the opinion that
weather conditions or an emergency warrant. The Chair shall inform
as many Members as he is able to reach, and any persons that are
scheduled to be in attendance.
4.10.2 Postponement of the Meeting shall not be for any longer than the next
regularly scheduled Meeting of the Advisory Board or Committee.
4.11 Accessibility
4.11.1 Adequate provisions shall be made by the Chair to ensure that Places
of Meeting, Agenda and Minute formats, communications and conduct
of meeting are accessible, to ensure maximum participation.
Reference may be made to the provisions of the Municipality of
Bayham Accessibility Handbook.
Section 5 – ADVISORY BOARDS AND COMMITTEES
5.1 Establishment of Advisory Boards and Committees
5.1.1 Advisory Boards and Committees are proposed by resolution of
Council and established by by-law. Each by-law shall incorporate the
mandate for the specific Advisory Board or Committee. Prior to
Council's establishment of any Advisory Board or Committee staff shall
submit a report to Council including the following information:
a)inventory of previous and existing activities related to the
matter, including public consultation initiatives;
b)membership composition and level of expertise or specialization
required by committee members for the selection process;
c) orientation, training and facilitation needs.
5.2 Review of Advisory Boards and Committees
5.2.1 Council may review all Advisory Boards and Committees and their
respective mandates at any time during the term of Council. The
CAO|Clerk shall assist in this effort by providing an overview of all
Advisory Boards and Committees when requested.
5.2.2 Council may abolish an Advisory Board or Committee at any time
during the term of Council with fully substantiated reasoning.
5.3 Orientation Sessions
5.3.1 Orientation sessions shall be conducted for Advisory Board and
Committee appointees at the beginning of each term of Council. All
Members benefit from orientation. Further sessions may be
conducted for appointees during the term of Council, as required.
Electronic orientation handbooks will be distributed to all Members for
reference purposes.
5.4 Appointment Process for Advisory Board and Committee Members
5.4.1 Where a Provincial Statute prescribes the type of appointments to be
made by the Municipality to a given Advisory Board or Committee, the
Statute shall be complied with.
5.4.2 Where the Municipality makes appointments to Advisory Boards or
Committees of its own creation the vacancies for citizen appointments
shall be publicly advertised on the Municipality of Bayham website.
5.4.3 To apply to serve as a Member on a Municipality Advisory Board or
Committee, interested individuals shall be invited to apply and submit
an application, which is available on the Municipality of Bayham
website. These appointments enable local citizens from various
backgrounds to participate in local government and voluntarily give
their time and expertise to help formulate the direction of certain
programs.
5.4.4 All appointments to Advisory Boards or Committees shall be subject to
compliance with the Municipality Advisory Board and Committee
Policy, inclusive of all screening requirements.
5.4.5 The duration of Advisory Board or Committee appointments are the
same as the term of Council. While appointees may serve on more
than one Advisory Board or Committee, Council shall give the first
consideration to individuals who are not already appointed to another
Advisory Board or Committee.
5.5 Elections
5.5.1 The Chair, Vice-Chair and Secretariat shall be elected to a term as
agreed upon by the Advisory Board or Committee at the Inaugural
Meeting.
5.5.2 Election shall be by show of hands, with each member receiving one
vote.
5.5.3 The Council Member or staff are not eligible to serve as Chair or Vice
Chair.
5.6 Resignation and Dismissal Process
5.6.1 Advisory Board and Committee members wishing to resign their
appointment shall submit a letter of resignation which shall be
forwarded as soon as possible to the CAO|Clerk.
5.6.2 Council may, with or without the advice of the Advisory Board or
Committee, and with a supporting rationale, make changes to the
Advisory Board or Committee membership.
5.7 Attendance Management
5.7.1 After two consecutive absences by any Member at regularly scheduled
meetings, the following process shall be followed:
a) The Council Members shall informally contact the absent
Member to determine if they plan to attend the next regularly
scheduled meeting, noting any reasonable or compassionate
circumstances which would prohibit their attendance.
b) If no reasonable or compassionate response is given, the
Council Members shall inform the absent Member that if they
are absent from the next regular meeting (the third meeting),
the Advisory Board or Committee shall declare their seats
vacant and recommend to Council the removal of the Member.
c) If the Council Member is unable to reach the absent member or
if there was no reasonable or compassionate grounds for
absences given at the time of preparing the Agenda for the third
meeting:
i) The Secretariat shall include the item "Absentee
Member'' on the Agenda under the Matters of Business
heading.
ii) Upon consideration of the item, the Secretariat shall
briefly identify the requirements of the Advisory Board
and Committee Procedural By-law and the name of the
absent Member.
iii) The Advisory Board or Committee shall recommend to
Council the absent Member's seat be declared vacant.
d) Removal from Advisory Board or Committee Membership shall
be made by resolution of Council. Council may, by resolution,
based on evidence of absenteeism due to compassionate or
reasonable grounds waive the attendance requirements of the
Advisory Board and Committee Procedural By-law.
Section 6 - AGENDAS AND MINUTES
6.1 Advisory Board and Committee Agenda
6.1.1 The Secretariat shall cause to be prepared an electronic Agenda
under the following headings for the use of the Members at Meetings
of the Advisory Board or Committee:
Call to Order
Disclosures of Pecuniary Interest
Delegations
Adoption of Minutes
Matters of Business
Adjournment
6.1.2 The Agenda shall be emailed to each Member no later than two days
preceding the commencement of the Regular Advisory Board or
Committee Meeting in question.
6.1.3 The business of the Advisory Board or Committee shall be considered
in the order as it appears on the Agenda, unless otherwise decided by
a vote of the majority of the Members present and voting.
6.2 Meeting Minutes
6.2.1 Meeting structure, Agenda and Minute formats should meet the
individual needs of Advisory Boards and Committees, while ensuring
consistency, completeness and accountability. An Advisory Board or
Committee may choose to follow a more informal procedure and allow
for a consensus approach to discussion. It is recommended that the
following components be included in Agendas, where specific subject
items are described in each component and the use of the minute
template, as approved by the CAO|Clerk.
6.2.2 The Secretariat shall cause the Minutes to be taken of each Meeting of
the Advisory Board or Committee, whether it is closed to the public or
not. These minutes shall include:
a) the place, date and time of the Meeting;
b) the name of the Presiding Officer or Officers and the record of
attendance of the Members; should a Member enter after the
commencement of the Meeting or leave prior to adjournment,
the time shall be noted;
c) declarations of pecuniary interest;
d)the reading, if requested, correction and confirmation of the
minutes of prior Meetings; and
e)all resolutions, decisions and all other proceedings of the
Advisory Board or Committee, without note or comment.
6.2.3 The Minutes of each Advisory Board or Committee shall be presented
to the Members for confirmation at the next Regular Meeting.
Section 7 - ORDER OF PROCEEDINGS
7.1 Call to Order
7.1.1 As soon as a Quorum is present after the hour set for the holding of
the Meeting, the Chair shall call the Members present to order.
7.1.2 If the Chair does not attend a Meeting within fifteen (15) minutes after
the time set for the Meeting and a Quorum is present, the Vice Chair
shall preside over the Meeting and shall exercise all duties and
responsibilities of the Chair as outlined in this Procedural By-law until
the Chair is present at the Meeting and able to perform his
responsibility to assume the chair.
7.1.3 If the Vice Chair is also not present within fifteen (15) minutes after the
time set for the Meeting and a Quorum is present, the Secretariat shall
call the Meeting to order, and the Members present shall appoint a
Presiding Member who shall act as Chair of the Meeting until the
arrival of the Chair or Vice Chair, whoever is the first to arrive and is
able to assume the chair.
7.2 Disclosures of Pecuniary Interest
7.2.1 Where a Member, either on his own behalf or while acting for, by, with
or through another, has any pecuniary interest, direct or indirect, in
any matter and is present at a Meeting of the Advisory Board or
Committee at which the matter is the subject of consideration, the
Member shall:
a)prior to any consideration of the matter at the Meeting, disclose
the interest and the general nature thereof;
b)not take part in any discussion of or vote on any question with
respect to the matter; and
c)not attempt in any way before, during and after the meeting to
influence the voting on any such question.
7.2.2 Where the Meeting is not open to the public, in addition to complying
with the requirements of Section 7.2.1 of this Procedural By-law, the
Member shall immediately leave the Meeting or part of the Meeting
during which the matter is under consideration.
7.2.3 Where a Member is absent from a Meeting which includes a matter for
which the Member has a pecuniary interest, the Member shall disclose
this interest and otherwise comply at the first Meeting of the Advisory
Board or Committee attended by him after the particular Meeting.
7.3 Delegations
7.3.1 Delegations shall be permitted to speak on a matter only once within a
six (6) month period and shall be limited to speak for no more than ten
(10) minutes and be so advised in advance of their delegations. An
extension to speak may be decided, without debate, by a majority of
the Members present. Where a delegation consists of a group of three
or more persons, the group may address the Advisory Board or
Committee for no more than fifteen (15) minutes.
7.3.2 No Delegation shall:
a)speak disrespectfully of any person;
b)use improper language or unparliamentarily language;
c) speak on any subject other than the subject for which they have
received approval to address the Advisory Board or Committee;
or
d)disobey the rules of procedure or a decision of the Chair.
7.3.3 The Advisory Board or Committee may refuse to hear delegations
when, in the opinion of the Advisory Board or Committee, the subject
of the presentation is beyond the jurisdiction of the Advisory Board or
Committee.
7.4 Matters of Business
7.4.1 Any matters presented, considered, referred or tabled or any
delegations not otherwise disposed of through the consideration of
another Agenda heading, shall be disposed of during this portion of
the Meeting.
7.4.2 Items of business requiring the direction of the Advisory Board or
Committee or a formal resolution will appear under this heading in the
Agenda. These matters should generally pertain to information items
and can include correspondence and Members’ Reports.
7.4.3 All Matters of Business intended to be presented to the Advisory
Board or Committee shall be legibly written or printed, shall not contain
any impertinent or improper matter or language, shall identify the
author(s) by name and municipal address and shall be filed with the
Secretariat before it is presented to the Advisory Board or Committee
.
7.4.4 All matters to be considered under this heading of the Agenda shall be
received by the Secretariat no less than five (5) days prior to the
Advisory Board or Committee Meeting date.
7.5 Adjournment
7.5.1 See Section 9.1.14 of this Procedural By-law
Section 8 - RULES OF DEBATE AND CONDUCT
8.1 Duties and Conduct
8.1.1 Advisory Boards and Committees work on behalf of Council for the
citizens of the Municipality of Bayham. Advisory Boards and
Committees may consult with community stakeholders or engage in
activities that puts Members in direct contact with citizens and various
organizations. Members shall reflect a professional and courteous
manner when interacting with the public. Should a Member exhibit a
pattern of inappropriate conduct, the Advisory Board or Committee or
staff may request that Council rescind the Member's appointment.
8.1.2 No Member shall:
a)speak disrespectfully of the Reigning Sovereign, or of any
Member of the Royal Family, or of the Governor-General, the
Lieutenant-Governor of any Province, of any member of the
Senate, the House of Commons of Canada or the Legislative
Assembly of the Province of Ontario;
b)use offensive words or unparliamentarily language or speak
disrespectfully against the Advisory Board or Committee,
against any Member or against any officer or employee of the
Municipality of Bayham;
c) speak on any subject other than the subject being debated;
d)disobey the Rules of Procedure or a decision of the Chair,
whoever is in the chair for the Meeting or a portion of the
Meeting, on questions of Points of Order or procedure or upon
the interpretation of the Rules of Procedure except where the
ruling of the Chair is reversed by the Advisory Board or
Committee pursuant to subsection 8.6.2. If a Member persists
in any such disobedience after having been called to order, the
Chair shall forthwith order that Member to vacate the Place of
Meeting, but if the Member apologizes, he may, by majority
vote of the Members, be permitted to retake his seat;
e)speak in a manner that is discriminatory in nature based on an
individual’s race, ancestry, place of origin, ethnic origin,
citizenship, creed, gender, sexual orientation, age, colour,
marital status, family status or disability;
f)where a matter has been discussed in a closed Meeting, and
where the matter remains confidential, disclose the content of
the matter or the substance of the deliberations of the closed
Meeting to any person.
8.2 Address the Chair
8.2.1 Any Member desiring to speak shall signify a desire to speak in such
manner as the Chair may direct, and upon being recognized by the
Chair, shall address the Chair, only.
8.3 Order of Speaking
8.3.1 When two or more Members signify a desire to speak, the Chair shall
recognize the Member who, in the opinion of the Chair, so signified
first and next recognize in order the other Members.
8.4 Point of Privilege
8.4.1 Where a Member considers that his integrity or the integrity of the
Advisory Board or Committee as a whole has been impugned, the
Member may, on a Point of Privilege, rise with the consent of the Chair
for the purpose of drawing the attention of the Advisory Board or
Committee to the matter.
8.4.2 When a Member is permitted to raise such matter of privilege, it shall
take precedence over other matters, but the Member shall not be
permitted to enter into any argument or introduce any Motion related to
the Point of Privilege.
8.4.3 When a Point of Privilege is raised, it shall be considered and decided
by the Chair immediately and the decision of the Chair under this
section shall be final.
8.5 Point of Order
8.5.1 When a Member desires to call attention to a violation of the Rules of
Procedure, the Member shall ask leave of the Chair to raise a Point of
Order and, after leave is granted, shall succinctly state the Point of
Order to the Chair and the Chair shall then decide upon the Point of
Order and advise the Member of the decision.
8.6 Appeal of Ruling of Chair
8.6.1 With respect to a ruling on either a Point of Privilege or a Point of
Order, if the Member does not appeal immediately thereafter to the
Advisory Board or Committee the decision of the Chair shall be final.
8.6.2 If the Member wishes to appeal the decision of the Chair, he shall
appeal immediately to the Advisory Board or Committee otherwise the
decision of the Chair is final.
8.6.3 If the decision is appealed, the Chair will give concise reasons for his
ruling and will call a vote by the Advisory Board or Committee, without
debate on the following question: “Will the ruling be sustained?”, and
the decision of the Advisory Board or Committee is final. The Chair
may vote on this question. In the event of a tie of votes, the ruling of
the Chair shall be deemed to be sustained.
8.7 Members Speaking
8.7.1 When a Member is speaking, no other Member shall pass between the
Member and the Chair, or interrupt the Member except to raise a Point
of Order.
Section 9 - MOTIONS
Reading
9.1.1 All motions must be introduced by a mover before the Chair may put
the question or motion on the floor for consideration.
Withdrawn
9.1.2 After a motion is properly moved, it shall be deemed to be in
possession of the Advisory Board or Committee, but may be
withdrawn by the mover at any time before decision or amendment.
No debate until properly moved and seconded
9.1.3 No Member shall speak to any motion until it is properly moved, and
the mover is entitled to speak first if the Member so elects.
Motion ruled out of order
9.1.4 Whenever the Chair is of the opinion that a motion is contrary to these
Rules of Procedure, the Chair shall rule the motion out of order.
Not within jurisdiction of Council
9.1.5 A Motion in respect of a matter which requires the exercise of a
legislative power by the Advisory Board or Committee which is not
within its jurisdiction shall not be in order at a Meeting the Advisory
Board or Committee.
Motion to Amend
9.1.6 A motion to amend:
a)shall be presented in writing if requested by the Chair;
b)shall relate to the subject matter of the main motion;
c) shall not be received proposing a direct negative to the
question; and
d)shall be put to a vote in reverse order to the order in which the
amendments are made.
9.1.7 Only one motion to amend an amendment to the original motion shall
be allowed and any further amendment must be to the original motion.
Motion to table
9.1.8 A motion simply to table is not debatable except where instructions are
included, in which case, only the instructions shall be debatable. Such
motion cannot be amended.
9.1.9 The matter tabled shall not be considered again by the Advisory Board
or Committee until a motion has been made to lift from the table the
tabled matter at the same or subsequent Meeting.
9.1.10 A motion to lift a tabled matter from the table is not subject to debate
or amendment.
Reconsideration
9.1.11 A resolution or any question or matter which has been adopted
previously by the Advisory Board or Committee may be reconsidered
by the Advisory Board or Committee subject to the following:
a)a majority of the Advisory Board or Committee agree to such
reconsideration by Resolution. Only a Member who voted
thereon with the majority may make a Motion to Reconsider;
b)such motion must be supported by two-thirds (2/3) of the
Members present and voting in favour of such reconsideration
before the matter is re-opened for debate;
c) debate on a motion to reconsider must be confined to reasons
for or against the subject of the reconsideration;
d)if a Motion to Reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless
the motion calls for a future date, and debate on the question to
be reconsidered may proceed as though it previously had never
been voted on; and
e)a vote to reconsider a particular matter or decision will not be
considered more than once during the term of the Advisory
Board or Committee.
Motion to recess
9.1.12 A motion to recess shall provide for the Advisory Board or Committee
to take a short intermission within a Meeting which shall neither end
the Meeting nor destroy its continuity and after which, proceedings
shall immediately resume at the point where they were when
interrupted.
9.1.13 A motion to recess is not debatable, but it is amendable as to the
length of the recess and is not in order when another motion is on the
floor.
Motion to Adjourn
9.1.14 A motion to adjourn is not debateable or amendable and shall always
be in order except:
a)when another Member is in possession of the floor;
b)when a vote has been called;
c) when the Members are voting; or
d)when a Member has indicated to the Chair his desire to speak
on the matter before the Advisory Board or Committee.
9.1.15 A motion to adjourn, if carried, without qualification, will bring a
Meeting or session of the Advisory Board or Committee to an end.
9.1.16 A motion to proceed beyond the hour of 11:00 p.m.:
a)shall not be amended or debated;
b)shall always be in order except when a Member is speaking or
the Members are voting; and
c) shall require the support of two-thirds (2/3) of the Members
present and voting.
Section 10 - VOTING ON MOTIONS
Unrecorded Vote
10.1 A simple majority vote of the Members present shall be followed.
Recorded votes shall not be permitted.
10.2 The manner of determining the decision of the Advisory Board or
Committee on a motion shall be at the direction of the Chair and may
be by voice, show of hands, standing, or otherwise.
10.3 Every Member present at the Meeting, when the question is put, shall
vote thereon unless disqualified under the Municipal Conflict of
Interest Act to vote on the question.
10.4 Except where the Member is disqualified under the Municipal Conflict
of Interest Act from voting, if a Member does not vote when a question
is put, that Member shall be deemed to have voted in the negative.
10.5 A Member not in his seat when the question is called by the Chair is
not entitled to vote on that question.
10.6 Each Member has only one vote.
10.7 The Chair shall announce the result of every vote.
Section 11 - CONDUCT OF THE AUDIENCE
11.1 Members of the public who constitute the audience in the Advisory
Board or Committee Place of Meeting, during a Meeting, shall respect
the decorum of Advisory Boards and Committees, maintain order and
quiet and may not:
a)address the Advisory Board or Committee without permission;
b)interrupt any speaker or action of the Members or any person
addressing the Advisory Board or Committee;
c) speak out;
d) applaud;
e)behave in a disorderly manner; or
f)make any noise or sound that proves disruptive to the conduct
of the Meeting.
11.2 Placards, signs, posters, etc. or any advertising devices shall not be
permitted in the Place of Meeting.
11.3 The Chair may request that a Member or Members of the public
vacate the Place of Meeting if his behaviour is deemed to be disruptive
to the business at hand.
Section 12 - ADMINISTRATION
12.1 Unless the context otherwise requires, in this Procedural By-law the
words used in the male gender shall include the female gender and
the singular includes the plural, and vice-versa, as the context
requires.
12.2 This By-law shall be administered by the CAO|Clerk.
12.3 This By-law shall come into full force and effect on the 21 day of
December, 2017.
12.4 The short title of this By-law is the “Advisory Board or Committee
Procedural By-law”
READ A FIRST, SECOND and THIRD time and finally passed on the 21 day of
December, 2017.
Municipality of Bayham Advisory Board and Committee Profile
Municipality of Bayham Joint Cemeteries Board
Statutory - Discretionary Statutory
Funeral, Burial and Cremation Services Act, 2002
Municipal of Bayham Cemeteries Regulatory By-law
Acronym BJCB
Mandate To co-ordinate and support the efforts in pursuing consistency among the
Bayham Cemetery Boards, and ensuring compliance with the requirements of the
Funeral, Burial, Cremation Services Act, 2002 (FBCSA) and Regulations, as
amended from time to time. Sub-Committees forming Individual Boards shall be
established to be responsible for the maintenance and operation of each of the
following cemeteries in the Municipality of Bayham and be known as:
The Straffordville Cemetery Board The Smuck Cemetery Board
The Eden Cemetery Board The Calton Cemetery Board
The Guysboro Cemetery Board The Dobbie Cemetery Board
The Best Cemetery Board The Bayham West Cemetery Board
The Sub-Committee Boards may initiate and undertake other projects, in regard
to cemeteries without any individual Board structure, either individually or jointly.
Other Municipal Cemeteries acknowledged as having no individual board
structure at this time include:
Light Edison Claus Stanton
Firby Old Eden Old Richmond (Godwin)
Otter Valley Estherville (also know as Otter Valley Baptist & Old Port Burwell)
Amerman Abandoned Hemlock Creek Hutchison
Composition Nine (9) members of the public
Council Representation One (1) Member of Council – no voting privileges
Staff Representation One (1) Staff person – no voting privileges
Base Municipality of
Bayham Health and Safety
Profile
Corporate Health and Safety Policy
Date Profile Approved July 16, 2015
Municipality of Bayham Advisory Board and Committee Profile
Municipality of Bayham Harbourfront Advisory Committee
Statutory - Discretionary Discretionary
Acronym HFC
Mandate The Harbour Front Committee (HFC) will provide advisory support to Council in
regard to the promotion, improvement and development of the Bayham
harbourfront area and related infrastructure.
The Committee will work towards the creation of a vibrant harbourfront area to
promote a strong economic base with enhanced tourism and inclusion of natural
and heritage resources, within the financial realities of the Municipality of
Bayham. The Committee will provide advisory recommendations to Council for
the promotion, improvement and development of the harbour area with the goal
to contribute to employment opportunities, community renewal, beautification and
recreational opportunities.
The Committee will work closely with other related groups and agencies including
but not limited to the County of Elgin Economic Development Department, Port
Burwell Provincial Park and Otter Valley Naturalists.
Composition Nine (9) members of the public
Council Representation One (1) Member of Council – full voting privileges
Staff Representation One (1) Staff person – no voting privileges
Base Municipality of
Bayham Health and Safety
Profile
Corporate Health and Safety Policy
Date Profile Approved July 16, 2015
Municipality of Bayham Advisory Board and Committee Profile
Municipality of Bayham Museums Bayham Board
Statutory - Discretionary Discretionary (By-law No. 2006-082, Collections & Records Management Policy,
By-law No. 2006-083, Education Policy, By-law No. 2007-018, Staff Training
Policy)
Acronym MB
Mandate Museums Bayham exists to educate the citizens of Bayham and the community
beyond about the history of the Bayham area, subject to budgetary requirements
and limits as approved by the Council of the Municipality of Bayham, following the
procedures and policies approved by Bayham Council. This includes Port Burwell
and its lighthouse in relation to the local and marine heritage of the Great Lakes,
and also Vienna's Canadian connection to the Thomas Alva Edison family
heritage, fostering an appreciation for the relationship of Bayham's past to its
present and future development. To this end, Museums Bayham collects,
records, preserves, researches, shares, promotes and presents exhibits and
interprets documents and artifacts related to the history of Bayham, in
accordance with the financial realities of the Corporation of the Municipality of
Bayham.
The premises known municipally as 20 Pitt Street and 17 Robinson Street and
known as the Port Burwell Marine Museum and Lighthouse, respectively, shall
continue to be maintained and identified as the Port Burwell Marine Museum and
Lighthouse. The Marine Museum and Lighthouse have been established to serve
the inhabitants of Port Burwell and the Bayham area, with a strong appeal to
tourists visiting the region. The museum collection will focus on marine
documentation and artifacts that illustrate the relationships between marine life on
the Great Lakes together with domestic and commercial life of the Village as a
port on Lake Erie.
The premises known municipally as 14 Snow Street, and known as the Edison
Museum of Vienna shall continue to be maintained and identified as the Edison
Museum of Vienna. The Edison Museum has been established to promote
recognition of the extent and impact of Thomas Alva Edison, the inventor, on the
local area, and worldwide, by his many inventions and family artifacts on display,
and promote and preserve the historical artifacts and records of the Bayham area
and its inhabitants.
Service and Operation Programming
The Board with assistance of Staff will be responsible for the preparation and
review of policies and procedures for service, operation, programming, and long-
term planning goals for the museums.
Artifacts
Ownership of any and all donated items lies with the Municipality of Bayham, who
will provide adequate insurance coverage including on-loan items, subject to
consideration of Council considering recommendations of the Board. Acquisition,
disposal, and records of documents, objects and artifacts will be governed by the
Museums' collection development and management policy as adopted by the
Council of the Municipality upon recommendation of the Board. Ownership by
the Municipality of Bayham may be assigned to its successors, administrators
and assigns absolutely. Displays and exhibits will be approved by the Board.
Finance and Budgeting
The Board in communication with the appropriate staff, will prepare, review and
submit annual operating budget requirements, including long-term capital
projects, to the municipal administration, for Council's consideration and approval
annually as required. The Board will monitor the budgets throughout the year.
Reserves/Reserve Funds may be established as approved by Council through
the budget process. Bequests and financial donations will be accounted for
through Municipal administration.
Purchasing
Purchasing is to be coordinated through staff in accordance with the Municipal
Procurement By-law. Any such purchases must be within the Budgets
established and approved by Council, and must be approved by the Board. A
Petty Cash Fund(s) may be permitted at the discretion of the Board. Such petty
cash fund will be administered by staff.
Human Resources
The Museums and staff shall be governed by Council through the CAO|Clerk in
accordance with municipal policies and procedures. The Board will provide
general direction of staff at the museums, assisted by municipal staff as
appropriate, within the guidelines of the annual budget and personnel policy, as
approved by Council.
Special Events and Exhibits
The Board, with assistance of museum staff and volunteers, may undertake
special events, displays, and exhibits at its discretion, within the guidelines of the
annual operating budget as approved by Council.
Fundraising and Donations
The Board, with assistance of museum staff and volunteers, will undertake and
promote fundraising and donation programs to the best of its ability. Such
programs may be for general operating assistance or special programs/capital
projects (approved by Council). All accounts shall be accounted for through
Municipal administration.
Facility Management
The Board will provide input/information to municipal administration for the
Capital and Operating needs of Museum facilities. Such needs shall be
considered in the preparation of budgets presented to Municipal Council.
Composition Eleven (11) members, including six (6) community members, one (1) member
from the Port Burwell Historical Society, one (1) member from the Bayham
Historical Society, one (1) expert representative from a professional heritage
facility (active or retired), if possible.
Council will endeavor to provide membership from the Bayham community that
will support the mandate and success of both museum facilities.
Council Representation One (1) Member of Council – no voting privileges
Staff Representation One (1) Staff person – no voting privileges
Base Municipality of
Bayham Health and Safety
Profile
Corporate Health and Safety Policy
Date Profile Approved July 16, 2015
Corporation of the Municipality of Bayham
Advisory Board & Committee Member Application Form
I am interested in participating as a volunteer on the following boards and/or committee(s):
Explain why you would like to serve on each board or committee identified above,
including any skills or experience which would be of value to the committee or board:
Do you have any experience volunteering? YES NO
if Yes, in what capacity:
We want to ensure persons with disabilities are able to participate on municipal committees.
If you have a disability, what accommodations, if any, would you need to carry out this position?
Please provide any additional information which may be of assistance in the selection process.
Applicants Signature: Date:
Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility
Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-
5521 or at accessibility@bayham.on.ca.
NOTE: Personal information on this form is collected under the authority of the Municipal Freedom of Information
and Protection of Privacy Act c.M56 s.29(2) and will be used to appoint citizen members to municipal boards, or
committees. Information on this form will be disclosed to the public for candidate selection purposes. Questions
about this collection should be directed to the Municipal Clerk at the address indicated at the top of the application.
Corporation of the Municipality of Bayham
Advisory Board and Committee Member Confidentiality Statement
The Municipality of Bayham and its Boards, Committees, Volunteers and Employees
adhere to the requirements of the Municipal Freedom of Information and Protection of
Privacy Act,
I, , am an Advisory Board or Committee Member serving as a
volunteer citizen member of the Corporation of the Municipality of Bayham.
I HEREBY ACKNOWLEDGE AND UNDERSTAND THE FOLLOWING:
THAT the Municipal Freedom of Information and Protection of Privacy Act provides that all
persons appointed or chosen under the authority of a municipal council are governed by
the said Act and includes citizen members of boards, committees and volunteers
appointed by Council from time to time;
THAT the Municipal Freedom of Information and Protection of Privacy Act, Section 48,
provides for penalties for contravention of the said Act;
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT in the course of carrying out
my volunteer role, I may have access to and may be dealing with records containing
confidential information and/or personal information which reveals the identity of the
person who is the subject of the record or identify a person who has provided information
about the subject of the record;
I HEREBY AGREE to hold such information confidential and, except as may be legally
required, will not disclose or release it to any person at any time without proper consent or
authorization;
I FURTHER AGREE to take appropriate security measures to prevent unauthorized
access to confidential information.
DATED at the Municipality of Bayham this day of , 20 .
Signature: Witness:
Municipality of Bayham documents are available in alternate formats upon request. Please fill out the
Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility
Coordinator at 519-866-5521 ext. 209 or at accessibility@bayham.on.ca.
Accessibility Standards Training for Volunteers
The Municipality of Bayham is committed to creating and maintaining an accessible and inclusive community for all
residents. To do this, we must recognize and acknowledge the diverse needs of our residents, including the needs of
people with disabilities.
On July 1, 2011, the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) under the Accessibility for
Ontarians with Disabilities Act, 2005, was enacted into law.
Each regulation requires the Municipality to train all of its employees, volunteers, and third party contractors on the
Regulation and the Ontario Human Rights Code, as it relates to people with disabilities.
Ontario Human Rights Code
Under the Ontario Human Rights Code, the Municipality has a legal obligation to accommodate any person with a
disability, regardless of whether they are an employee, volunteer or resident. It is important to provide accessible
formats, communication supports or workplace accommodations in a timely and efficient manner upon request.
Accessible Customer Service
Service Animals
Service animals are allowed in all parts of municipally owned or operated facilities in areas that are open to the public. If
an animal is excluded by law, the Municipality is not required to allow the animal entrance into its facilities.
A service animal is categorized by the following:
(a) the animal can be readily identified as one that is being used by the person for reasons relating to the
person’s disability, as a result of visual indicators such as the vest or harness worn by the animal; or
(b) the person provides documentation from one of the following regulated health professionals confirming
that the person requires the animal for reasons relating to the disability:
(i) A member of the College of Audiologists and Speech-Language Pathologists of Ontario.
(ii) A member of the College of Chiropractors of Ontario.
(iii) A member of the College of Nurses of Ontario.
(iv) A member of the College of Occupational Therapists of Ontario.
(v) A member of the College of Optometrists of Ontario.
(vi) A member of the College of Physicians and Surgeons of Ontario.
(vii) A member of the College of Physiotherapists of Ontario.
(viii) A member of the College of Psychologists of Ontario.
(ix) A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of
Ontario.
Support Persons
The Municipality welcomes individuals to be accompanied by a support person to Municipal programs and services. The
Municipality will waive admission fees for the support person, where applicable. The individual needs to make this
known to Municipal staff or volunteers; otherwise admission fee will be charged.
Service Disruption
If a Municipal service is temporarily disrupted, it is the Municipality’s responsibility to provide notice to the public.
Notice of disruption must include the following information: the reason for the disruption, how long it is expected to be
unavailable and if there is a way to provide an alternative service. This information should be posted in a conspicuous
area within the facility and on the Municipality’s website.
General Requirements
Establishment of Policies, Procedures and Best Practices
Municipal Council approved the Corporate Accessibility Policy. The policy provides direction and guidance to staff on
how the Municipality will comply with the standards and the various requirements.
Accessibility Plans
The Municipality’s multi-year accessibility plan provides a high-level overview of the actions staff will undertake to meet
all of the Municipality’s compliance obligations. It can also be found on the Municipality’s website.
Procuring or Acquiring Accessible Goods, Services or Facilities
To ensure that the Municipality is receiving accessible goods and services from third-party contractors, accessibility
criteria has been incorporated into the general terms and conditions that accompany any RFP, bid or tender published
by the Municipality.
Training
In order to train all volunteers on the Accessible Customer Service Standard, Integrated Accessibility Standard
Regulation and the Ontario Human Rights Code this brochure has been developed.
Information and Communications
Feedback
Receiving feedback on the accessibility of the Municipality’s goods, services and facilities is an effective way to ensure
we are meeting the needs of the Municipality’s residents with disabilities. Residents can submit their feedback in
person, by phone, by email or in writing. The Accessibility feedback form can be found on the Municipality’s website.
Accessible Formats
The Municipality is only required to provide any of its documents in an accessible format upon request. Accessible
formats can be produced by contacting the Municipality’s Accessibility Coordinator. An accessible format could include
large print, Braille, audio, plain language, or an electronic format such as PDF or formatted Word document.
Communication Supports
An American Sign Language Interpreter is an example of a communication support. Upon receiving a request, the
Municipality is obligated to provide communication supports for any of its programs, events or services. The
Municipality’s Accessibility Coordinator can arrange for a communication support, if requested.
-------------------------------------------------------------------------------------------------------------------------------------------------------------
Please fill out the information below and return it to the Municipality.
Name: _____________________________________
Board or Committee : ________________________________
Date: ______________________________________
Signature: __________________________________
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2017-127
BEING A BY-LAW TO
ADOPT A PERSONNEL POLICY MANUAL
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality with the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
further necessary to adopt a new Municipality of Bayham Personnel Policy Manual reflecting
the required ethical and legal requirements for all Employees of the Municipality;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Bayham enacts as follows:
1. THAT a Municipality of Bayham Personnel Policy Manual attached as Schedule
“A” be adopted.
2. THAT this by-law shall take effect upon its adoption.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF
DECEMBER 2017.
____________________________ _____________________________
MAYOR CLERK
MUNICIPALITY OF
BAYHAM
PERSONNEL POLICY
MANUAL
TABLE OF CONTENTS
SECTION ONE: INTRODUCTION
ABOUT THIS HANDBOOK .................................................................................................................................................................. 4
ACKNOWLEDGEMENT FORM ............................................................................................................................................................ 5
SECTION TWO: EMPLOYEE CONDUCT AND GUIDELINES
EQUAL OPPORTUNITY EMPLOYER .................................................................................................................................................... 9
RECRUITMENT AND SELECTION ........................................................................................................................................................ 9
EMPLOYMENT AGREEMENTS ......................................................................................................................................................... 10
PROBATIONARY PERIOD ................................................................................................................................................................. 11
EMPLOYEE CLASSIFICATIONS .......................................................................................................................................................... 13
PERFORMANCE EVALUATIONS ....................................................................................................................................................... 13
CONFIDENTALITY ................................................................................................................................ Error! Bookmark not defined.
PRIVACY, PERSONAL INFORMATION AND PERSONAL RECORDS .................................................................................................... 15
CONFLICT OF INTEREST ................................................................................................................................................................... 16
PARTICIPATION ON COMMITTEES .................................................................................................................................................. 18
PROGRESSIVE AND CORRECTIVE DISCIPLINE .................................................................................................................................. 19
CONFLICT/PROBLEM RESOLUTION ................................................................................................................................................. 20
GIFTS, GRATUITIES AND MONETARY BENEFITS .............................................................................................................................. 22
DISCRIMINATION AND HARASSMENT IN THE WORKPLACE ............................................................................................................ 23
VIOLENCE IN THE WORKPLACE ....................................................................................................................................................... 27
TECHNOLOGY AND CORPORATE PROPERTY ................................................................................................................................... 33
USE OF MUNICIPAL VEHICLES AND EQUIPMENT ............................................................................................................................ 35
LAYOFF ............................................................................................................................................................................................ 36
TERMINATION ................................................................................................................................................................................. 36
EMPLOYMENT VERIFICATION ......................................................................................................................................................... 38
COUNCIL STAFF RELATIONS ............................................................................................................................................................ 38
CONDUCT INVESTIGATIONS ............................................................................................................................................................ 38
SECTION THREE: PAY ADMINISTRATION AND BENEFITS
COMPENSATION PHILOSOPHY ........................................................................................................................................................ 41
COMPENSATION CLASSIFICATIONS..................................................................................................... Error! Bookmark not defined.
JOB EVALUATION SYSTEM .............................................................................................................................................................. 44
ACTING PAY .................................................................................................................................................................................... 45
PAY ADMINISTRATION .................................................................................................................................................................... 46
BENEFITS ......................................................................................................................................................................................... 47
PROFESSIONAL DEVELOPMENT & CONTINUING EDUCATION ........................................................................................................ 48
LONG-TERM SERVICE AWARDS ....................................................................................................................................................... 49
SECTION FOUR: HOURS OF WORK, ATTENDANCE AND LEAVES
1
HOURS OF WORK ............................................................................................................................................................................ 52
OVERTIME ....................................................................................................................................................................................... 53
CALL IN PAY ......................................................................................................................................... Error! Bookmark not defined.
PAID PUBLIC HOLIDAYS ................................................................................................................................................................... 54
VACATION ....................................................................................................................................................................................... 55
BEREAVEMENT LEAVE ..................................................................................................................................................................... 56
JURY/COURT DUTY.......................................................................................................................................................................... 57
VOTING LEAVE ................................................................................................................................................................................ 57
INCLEMENT WEATHER DAYS........................................................................................................................................................... 58
SICK LEAVE ...................................................................................................................................................................................... 58
STATUTORY LEAVES OF ABSENCES ................................................................................................................................................. 60
DRESS CODE……………………………………………………………………………………………………………………………………………………………………………….52
2
SECTION ONE:
INTRODUCTION
3
4
ABOUT THIS HANDBOOK
The Municipality of Bayham is referred to as the Municipality throughout this handbook. All the
policies in this employee policy handbook apply to all employees of Bayham (including part-
time, seasonal, students, etc.), unless specifically excluded in the scope section of a policy. For
union employees this policy manual applies except where the collective agreement overrides.
The Municipality, through the CAO|Clerk reserves the right to add, delete, or amend policies at
any time due to legal or operational requirements. The CAO|Clerk will provide a summary of
changes annually to Council in a year in which changes occur.
If there is a conflict between a policy and an applicable government statute, the statute prevails.
This handbook does not constitute an employment agreement, nor does it confer any special
rights or guarantee of continued employment.
This handbook attempts to address all significant operational issues of the Municipality. There
may be personnel issues that arise from time to time which are not covered in this handbook. If
you have an issue not addressed in this handbook, please talk to your supervisor or the
CAO|Clerk.
The Municipality has taken great care in preparing this handbook but realizes that errors and
omissions do occur. If you find any spelling, grammatical or other mistakes, please report these
to the CAO|Clerk.
All employees are required to be aware of and comply with applicable policies contained in this
handbook
Failure to comply with policies in this Policy Manual could result in disciplinary action, as
outlined in the Progressive and Corrective Discipline Policy.
If you are unsure of the application of any policy in this handbook, please contact the CAO|Clerk
for clarification.
All employees will be given access to a copy of this handbook when presented with an offer of
employment, before starting. All employees are required to sign the acknowledgement form at
the beginning of this manual before starting.
It is the practice of the Municipality to ask all employees to sign an acknowledgement each year
in which changes occur.
5
ACKNOWLEDGEMENT FORM
I have received my copy of the Municipality of Bayham Policy Manual and I have read and
understood the information. Management has answered questions to my satisfaction. I
understand that, while an employee of Bayham, I am bound to abide by all policies and
procedures set forth in this manual.
I understand that failure to comply with the policies and procedures set out in this manual may
lead to disciplinary action.
I also understand that the information in this manual is subject to change as situations warrant.
Changes may supersede, revise or eliminate one or more of the policies in this manual. These
changes will be communicated through official notices. I accept responsibility for keeping
informed of these changes.
It is the policy of the Municipality of Bayham to have all employees sign this acknowledgement
annually as a reminder of all Municipality of Bayham policies and procedures.
Please sign and provide a copy to your Supervisor, and retain a copy for your own records.
__________________ _________________ _______________
Name (please print) Signature Date
6
7
SECTION TWO:
EMPLOYEE CONDUCT
AND GUIDELINES
8
9
EQUAL OPPORTUNITY EMPLOYER
1. The Municipality’s objective is to provide equal employment opportunities without
discrimination. The Municipality is committed to hiring, training and developing the best
qualified individuals in order to provide the municipality with the best possible services.
RESPECT IN THE WORKPLACE
2. The Municipality is committed to providing an environment that demonstrates and
encourages a fundamental respect for individuals, their rights and their dignity.
DISCRIMINATION
3. The Municipality makes decisions based on employees, free of discrimination and based
on individual skills, initiative and capability, regardless of race, ancestry, place of origin,
colour, national or ethnic origin, citizenship, religious beliefs, non-job related disability,
age, gender, sexual orientation, marital status, family status, receipt of public assistance
or record of offences. The Municipality strives to comply with the Ontario Human Rights
Code.
RECRUITMENT AND SELECTION
1. The Municipality is committed to recruiting and selecting individuals who are the most
qualified to perform the requirements of each position available. Candidates for job
vacancies may be from existing staff or from outside sources. Where qualifications are
deemed equivalent, preference will be given to internal candidates.
2. No verbal or written offers of employment, or commitments, are to be made to any job
candidate until all appropriate approvals have been obtained and the following process
fully completed.
3. The Municipality will follow the following process to fill open positions:
Approval of hire by council
Update job description
Review and finalize pay and benefits for vacant position
Determine best recruitment channels and implement
Screen applications, using phone screening, e-mail questions and other screening
methods as appropriate.
Conduct first interview
Conduct second interview, if required
10
Prove credentials, as appropriate
Prove eligibility for employment
Perform employment testing as appropriate
Perform background checks including: criminal record, driving record, credit check
(as appropriate for position). The candidate must agree in writing to all background
checks.
Perform reference checks on at least 3 business references. Reference checks
will be carried out in a fair and consistent manner. All references contacted must
be approved by the candidate.
Present the successful candidate with a written offer of employment, which outlines
all the terms and conditions of employment of the job.
Get offer signed before start date.
Proof of Eligibility for Employment
4. In compliance with federal legislation, new employees, if requested, and as a condition
of employment, must present documentation establishing their identity and their eligibility
to legally work in Canada. A valid Social Insurance Number, landed immigrant papers,
employment visa, or temporary work permit is deemed sufficient for this purpose.
Failure to prove eligibility for employment in Canada constitutes just cause for immediate
dismissal, without notice of compensation, in lieu of notice.
Employment Applications
5. Any misrepresentations, falsifications, or material omissions in any data requested
during the hiring documentation process, shall result in the exclusion of the individual
from further consideration for employment or, if the person has been hired, termination
of employment for cause, without notice or compensation in lieu of notice.
EMPLOYMENT AGREEMENTS
1. All employees of the Municipality will be provided an employment agreement to be signed,
upon hire, when they are transferred or promoted. The employment agreement sets out
all the terms and conditions of employment.
2. All offers of employment must be signed before starting, will typically include the following
in writing, as applicable:
Position title
Employment classification
Working location
Job duties (attach job description)
11
Reports to
Start date
Normal hours of work
Probationary period
Eligibility to work in Canada
Starting pay step
Starting pay
Payroll deductions
Eligibility for overtime
Eligibility for benefits
Vacation
Requirement for driver’s license
Right to layoff
Policy manual acknowledgement. Employees are required to sign an
acknowledgement of receipt and compliance before starting. Any questions will
be answered before starting.
Right to use discipline and suspension without pay
Termination of employment
3. Reference individual policies for more details.
4. There may be a need for additional terms of employment, depending on the position.
PROBATIONARY PERIOD
1. All newly hired employees are subject to a probationary period beginning from their date
of hiring with the Municipality, to assess their suitability to become a permanent
employee.
2. The purpose of probationary employment is to determine employee’s skill in performing
his/her duties and ability to adjust to the working environment. It is intended to assist the
employees to identify strengths and gaps in his/her job performance and to develop
corrective strategies if necessary.
3. The probationary period will normally be three (3) months of active employment.
Probationary periods for department heads are six (6) months. The probationary period
may be reduced or extended to a maximum of one (1) year, at the discretion of the
CAO/Clerk. Active employment is defined to exclude any leaves.
12
4. Prior to completion of the probationary period, the supervisor will meet with the
employee to review the employee’s performance and recommends to the CAO/Clerk
whether to make employment permanent or not.
5. The Municipality or employee may end the employment relationship without notice, for
any reason during the probationary period, unless the employment agreement or statute
specifies otherwise. If the Municipality ends employment, it will pay the payment in lieu
of notice as required by statute.
13
EMPLOYEE CLASSIFICATIONS
1. All employees of the Municipality will be classified into the following classifications. The
employee’s classification will be set out in their employment agreement. If an employee
is uncertain about their employment classification, please contact their immediate
Supervisor or CAO/Clerk.
2. Payroll:
Hourly
Salary
3. Employment:
Permanent full-time is an employee whose regular scheduled work week is at
least twenty-four (24) hours per week.
Permanent part-time is an employee whose regular scheduled work week is less
than twenty-four (24) hours per week.
Seasonal is an employee hired for a particular season with definite start and end
dates.
Casual is an employee that is called in on an as needed basis.
Student is an employee who is currently enrolled in a recognized educational
institution. A student may work on a part-time or seasonal basis.
Contract is an employee who is hired for a specific project for a specified length
of time.
On leave (inactive) is an employee who is still in the employment of Municipality,
may be receiving benefits but is not working and not being paid.
Probation is an employee who has not completed their probationary period.
PERFORMANCE EVALUATIONS
1. The Municipality is committed to providing full and part time employees with feedback
and development opportunities on job performance goals and objectives.
2. The employee’s manager will evaluate the employee’s job performance prior to
completion of the probationary period and annually thereafter in the designated month.
3. The purpose of the Performance Evaluations is to:
Establish whether a probationary employee meets the performance standards
required to successfully complete his/her probation;
14
Focus maximum attention on the achievement of the employees assigned duties
as listed in their job description;
Create a tool that enables the employees manager to accurately assess the
employees strengths and weaknesses and relate these assessments to current
and future needs;
Challenge the employee to continually improve their performance and personal
effectiveness;
Involve the employee in planning and implementation of their job related goals
and objectives; and,
Objectively relate placement on the approved salary grid to performance.
4. Performance evaluations are retained in the employee file and available upon request.
CONFIDENTIALITY
1. The Municipality operates as a municipal government in Elgin County. Employees may
have access to or become familiar with confidential Municipal information, by reason of
their employment with the Municipality.
2. Confidential information may include, but is not limited to: compensation data, personal
employee information, taxpayer and user accounts, collection rolls, contracts, drawings,
sources of supply, pricing, financial information, land purchases and sale, etc. If an
employee is uncertain as to what information is confidential and what is not, the
employee will discuss with their manager or CAO/Clerk.
3. All employees of the municipality, as a condition of employment, will ensure that
municipal information pertaining to clients, employees or other municipal business that
may be acquired in connection to their employment with the municipality is held in strict
confidence, during and subsequent to the employee’s employment with the municipality.
4. All municipal employees must sign a Confidentiality Agreement as a condition of initial
and continuing employment to ensure the security and protection confidentiality of
municipal records and information.
5. Employees may share confidential information with each other, if entitled to, only in a
private area of the workplace, and only when that information is required for the effective
delivery of programs or services.
15
6. Employees are not to disclose or discuss such confidential information in public places
or with members of their families.
7. Employees are prohibited, unless authorized, from removing temporarily or permanently,
any confidential information stored in any form, including files, documents, tapes,
computer disks and digital and electronic data or other media from any Municipal
premises.
PRIVACY, PERSONAL INFORMATION & PERSONAL
RECORDS
1. The Municipality is committed to protecting the privacy and confidentiality of the personal
information of its' employees, customers, and other stakeholders. This policy outlines
the rules for collecting and preserving the personal information of all stakeholders.
2. All employees are expected to keep their own personal information confidential.
3. All Municipal personnel that are authorized to collect and store personal information and
records of employees, customers, and other stakeholders, are accountable to ensure the
personal and private information, to which they may have access, remains confidential
and is only used for the purpose collected; is not disclosed without proper authorization,
or used for personal gain. Employees who disclose personal information, contrary to
this policy, will be subject to discipline.
4. The CAO/Clerk and Treasurer are accountable to obtain proper written consents before
releasing any personal information of employees.
5. The CAO|Clerk is responsible for the Municipal compliance with the applicable privacy
statutes, including MFIPPA. The CAO|Clerk will ensure there are systems and training
in place, to safeguard personal information of all employees, customers, and other
stakeholders.
6. During the course of employment with the Municipality, employees will be required to
provide various private and personal information (such as date of birth, SIN, home
address, etc.) to designated Municipality personnel. In addition, during the course of
employment, various others documents (such as performance reviews, discipline,
medical information, etc.) will be generated, in order for the Municipality to properly
administer employment, payroll and benefits, in accordance with employment laws and
Municipality policies.
16
7. The Municipality maintains one central personnel file for each employee containing all
the above information.
8. If your personal contact information or personal situation changes (example: marital
status or children), it is important for you to inform the Treasurer immediately. This is
especially true if you are on any leave.
9. All employee personal information will be kept confidential and used only for
employment, payroll, and benefits purposes.
10. At termination, personnel files are maintained for seven years and then disposed of in a
secure manner.
11. After termination of employment, reference requests from third parties, related to an
employee's employment at the Municipality, will only be answered with written
authorization from the employee.
12. An employee may review their personnel file by making an appointment with the
CAO/Clerk.
CONFLICT OF INTEREST
1. Employees of the Municipality are expected to conduct themselves with personal
integrity, ethics, honesty and diligence in performing their duties for the Municipality.
Employees are required to support and advance the interests of the Municipality and
avoid placing themselves in situations where their personal interests actually or
potentially conflict with the interests of the Municipality.
2. A conflict of interest refers to a situation in which private interests or personal
considerations may affect an employee’s judgement in acting in the best interest of the
Municipality. It includes using an employee’s position, confidential information or
municipal time, material or facilities for private gain or advancement or the expectations
of private gain or advancement. A conflict may occur when an interest benefits any
member of the employee’s family, friends or business associates.
3. Employees who knowingly have financial interests in a Municipality contract, sale or
other business transaction, or have family members, friends or business associates with
17
such interests, must not represent or advise the municipality in such transactions, or
benefit from such conflict.
4. Employees are responsible to determine if their personal or family business or property
interest may be in conflict with the business of the Municipality. If the employee realizes
there is a potential for conflict of interest, the employee should immediately notify, in
writing to their supervisor and/or the CAO/Clerk. The employee should do whatever they
can to either remove themselves from the interest or from the decision-making process
relative to the interest.
HIRING OF RELATIVES
5. The Municipality if committed to avoiding any potential conflict of interest that may arise
when relatives are in a reporting relationship in the workplace. Relatives of persons
currently employed at the Municipality, or relatives of a member of Council or a local
board, may be hired only if they will be employed in a position that does not directly
report to or supervise the relative. The employee will not be able to be transferred into
such a reporting relationship with a relative.
6. For purpose of this policy, a relative is defined as:
Spouse
Common-law spouse
Child/Step-Child
Daughter-in-law
Brother-in-law
Sister-in-law
Mother-in-law
Father-in-law
Common-law
Spouse’s mother/father
Spouse’s Common-law mother/father
Spouse’s Grandparents
Spouse’s Aunt/Uncle
7. All employees are required to report relationships to the Municipality that would make
them in violation of this policy. If the relationship is found to have been deliberately
concealed from the Municipality at the time the relative is hired, or thereafter, the
Municipality may make immediate changes to the reporting relationship and both parties
may be subject to disciplinary actions, up to and including termination. If the relative
relationship is established after employment, the individuals concerned will decide who
18
is to be transferred. If the decision is not made within thirty (30) calendar days,
management will decide.
OUTSIDE EMPLOYMENT
8. Employees shall not engage in any outside employment or business dealings that
interfere with the performance of their regular duties, or from which they might derive
personal benefit or gain by virtue of their employment with the Municipality.
9. An employee may hold a job with another organization as long as he/she satisfactorily
performs his/her job responsibilities with the Municipality. If the Municipality determines
that employee’s outside work interferes with performance or the ability to meet the
requirements of the Municipality as they are modified from time-to-time, the employee
may be asked to terminate outside employment if he/she wishes to remain with the
Municipality.
10. If someone other than the employee reports the interest, the supervisor will investigate it
immediately. The employee in question will be immediately removed from the decision-
making that involves the interest.
11. When an employee reports a conflict of interest to his/her supervisor, it should be in
writing. The supervisor will share the conflict of interest with the CAO/Clerk. If the
employee alleges wrongdoing on the part of the Municipality or its Council members,
officers, employees, agents or contractors, he/she should report this in writing directly to
the CAO/Clerk.
PARTICIPATION ON COMMITTEES
1. The Municipality supports employees participation on internal and external committees
for the mutual benefit of the Municipality and the employees, provided their supervisor is
in agreement, and there are no conflicts that may arise including work demands and/or
conflicts with the interests of the municipality.
INTERNAL COMMITTEES
2. The Municipality encourages employees to sit on internal committees. Employees are
required to discuss membership on an internal committee with their supervisor prior to
acceptance, to identify any conflicts that may arise which may involve workload issues
and scheduling conflicts between committee meetings and work demands.
19
EXTERNAL COMMITTEES
3. Employees may also receive invitations to serve on external committees, agencies,
boards, etc. If an employee anticipates that scheduling conflicts might arise with their job
responsibilities, the employee should discuss with their supervisor.
POLITICAL ACTIVITY
4. Employees should refrain from direct involvement in a local government political
campaign in the Municipality. Employees may be involved in provincial, federal or other
local Municipal campaigns as long as this involvement does not affect the objectivity with
which they must discharge their duties.
PROGRESSIVE AND CORRECTIVE DISCIPLINE
1. The Municipality recognizes that in every organization, discipline is necessary in order to
maintain a working environment in which employees willingly and promptly perform their
responsibilities and abide by the standards of conduct and other human resource
policies. The Municipality may use progressive discipline at its discretion, to alter
unacceptable employee behaviour to conform to acceptable work standards. The goals
are:
To provide employees with advance warning that certain actions and/or
behaviours are inappropriate and that a positive change is necessary;
To ensure fair and consistent corrective action for all employees;
To provide written documentation of behavioural or performance issues and the
corresponding action that was taken;
To inform the employees of consequences of unacceptable behaviour before it
happens;
It is expected that the need for disciplinary action will be minimal.
2. Purging of the employees record of discipline after 24 months providing the employee
has not had any further disciplinary actions during that period, with the exception of
incidences related to workplace violence and harassment.
3. The nature of the circumstance will dictate the level of disciplinary action take and with
the discretion of the Manager and/or CAO/Clerk. Disciplinary action may include all or
any combination of the following, and is not limited to:
Informal Discussion: Casual, private discussion between the Supervisor and the
employee will result when specific deficiencies in work conduct are noticed. The
20
majority of problems are corrected this way and do not recur. This discussion
may or may not be documented depending on the seriousness of the deficiency.
Final Verbal Warning: An employee who fails to correct a problem that was
discussed informally will receive a verbal warning. This is a serious warning
directing the employee to improve the specified problems immediately. It
involves a formal discussion in a private area. The Supervisor will outline what
the issues are and exactly what must be done to correct them. An action plan of
improvement and assistance will be jointly created. The Supervisor will document
the discussion, and both parties will sign at the end of the discussion. A copy will
be placed in the employee’s personnel file and the employee will receive a copy.
First Written Warning: If a subsequent violation occurs, the Supervisor will issue
a formal written warning with a copy to the employee's file. The employee and
Supervisor will meet in a private area to revisit the problem and/or issue, set
specific written goals, deadlines and discuss assistance required for immediate
improvement. A record of the meeting is prepared which both the Supervisor and
employee sign. One copy is given to the employee and one goes to the
employee’s personnel file.
Second Written Warning: The CAO/Clerk is consulted prior to the
commencement of this step. A meeting and documentation is completed once
again as above, and both parties sign the documentation from the meeting.
Included in the second written warning is the possibility of suspension from work
with or without pay.
Final Written Notice: Written notice of termination of employment is given to the
employee and the employment is terminated. This step requires the written
approval of the CAO/Clerk.
CONFLICT/PROBLEM RESOLUTION
1. The Municipality is committed to providing a workplace free of conflict, where employees
are treated with fairness, dignity and respect. This policy is to provide employees with
an outlet to raise concerns regarding any conflict in the workplace or dissatisfaction with
respect to issues related to their employment in an open and fair manner with provisions
made to ensure their prompt and reasonable resolution. Under no circumstance should
any employee fear discrimination or reprisal in the workplace as a result of the filing of a
complaint.
21
2. The following conflicts should be reported, and the Municipality shall strive to address
them with reasonable resolutions. Note, reports of discrimination, harassment or
violence must be addressed through the Workplace Violence and Harassment
Procedure.
Disputes with co-workers or managerial employees with unwanted and
unresolved consequences.
Perceived unfair or inequitable treatment.
Abuse of authority.
Administration of municipal policies.
3. If a situation occurs when an employee believes that a condition of employment or a
decision affecting them is unjust or inequitable, they can express their concerns through
the problem resolution procedure, using the following steps.
Employees are encouraged to discuss unwanted behaviour or actions with the
offending party, and in an ideal situation, the two parties will reach a reasonable
resolution.
In the event the discussion is not possible or the parties fail to reach a
reasonable resolution, a formal complaint can be filed.
Formal complaints must be submitted within 14 days from the date of the alleged
incident(s).
The employee presents the details of the issue in writing to the immediate
supervisor. In a situation where the immediate supervisor would be inappropriate
the employee may present the issue to the CAO/Clerk. The employee should
record the details including the unwanted circumstance(s), names of witnesses,
and attempts to resolve the issue.
Supervisor will review and investigate the complaint, including speaking with
parties involved and witnesses. Supervisor will facilitate a reasonable resolution,
communicate and document.
If the employee feels the claim remains unresolved, a formal complaint may be
made to CAO/Clerk. The CAO/Clerk will review and investigate the concern and
attempt to resolve.
An employee may present the issue to the Mayor for issues pertaining to the
CAO/Clerk.
4. In the event that a complaint is substantiated and a reasonable solution to halt the
unwanted behavior or action through mediation is not possible, the following actions
shall be taken for the offending party:
Written warning/reprimand.
22
Transfer or demotion, and in some instances both a transfer and a demotion.
Education and training.
Suspension.
Termination of Employment.
5. In the event that a complaint is not substantiated due to lack of evidence or other
reasons, both parties shall be informed with the rationale used. This does not
necessarily mean that it was filed under false or frivolous pretences. A complainant may
request that the investigation be re-opened in the event that pertinent new evidence can
be provided, or a reprisal due to the allegation has occurred.
6. The municipality will keep all formal complaints, accompanying documentation and
findings of any investigation on file.
7. Employees should be cognizant of the fact that a formal complaint against another
employee is a serious allegation with repercussions.
8. Where a complaint is found to be either false or frivolous, or where supporting
documentation for a complaint has been falsified, the complainant or witness may be
subject to disciplinary measures up to and including termination of employment.
GIFTS, GRATUITIES AND MONETARY BENEFITS
1. No employee shall solicit or accept any gift or accept or receive a fee, advance, cash or
personal benefit that is directly or indirectly connected with the performance of his or her
duties of employment. For the purposes of this provision any gift provided to an
Employee's child, parent or spouse with the Employee's knowledge shall be deemed to
be a gift accepted by that Employee;
2. The Municipality recognizes that moderate hospitality and participation in charitable non-
profit fundraising and business events is an accepted facet of community participation
and business relationships. Accordingly, the following types of gifts are recognized as
exceptions to the prohibition in Section 1:
a) gifts that are received as an incident of protocol or social obligation that normally and
reasonably accompany the responsibilities of employment;
b) token gifts such as souvenirs, mementoes and commemorative gifts that are given in
recognition of service on a committee for speaking at an event or representing the
Municipality at an event;
23
c) food and beverages consumed at lunches, dinners, charity fundraisers, banquets
receptions, ceremonies or similar events if the Employee's attendance serves a
legitimate municipal purpose;
d) communications to the Municipality including subscriptions to newspapers and
periodicals;
e) compensation authorized by law;
f) services provided without compensation by persons volunteering their time;
g) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies,
cultural events, sporting events, business galas, political events and similar events
if the Employee's attendance serves a legitimate municipal purpose;
3. Within 30 days of receipt of any gift described in Section 2, Employees shall file a
written disclosure statement with the CAO|Clerk (or with the Mayor for the CAO|Clerk)
for any gift that exceeds $200 in value. Every disclosure statement shall indicate:
(i) the nature of the gift;
(ii) its source and date of receipt;
(iii) the circumstances under which it was received; and
(iv) its estimated value.
4. Every disclosure statement to the CAO|Clerk or Mayor for the CAO|Clerk shall be a
matter of public record.
5. The CAO|Clerk or Mayor shall report to Council annually on all gifts received by
Members that are disclosed in accordance with Section 2, if any.
6. The CAO|Clerk or Mayor shall examine every disclosure statement filed with him or her
to ascertain whether the receipt of the gift might in her or his opinion create a conflict
between a private interest and the public duties of the Employee.
7. If the CAO|Clerk or Mayor makes a preliminary determination of a conflict the Member
shall be asked to justify receipt of the gift
8. If the CAO|Clerk or Mayor determines that receipt of the gift was prohibited the
CAO|Clerk or Mayor will issue discipline through the Progressive & Corrective
Discipline process.
DISCRIMINATION AND HARASSMENT IN THE WORKPLACE
1. Every employee of the Municipality has the right to receive fair treatment and to work in
an environment that is free from discrimination and harassment. The Municipality is
24
committed to providing a workplace free of discrimination and harassment in which all
employees can be treated with dignity and respect. This policy will be reviewed as
necessary, and at least on an annual basis.
2. The Municipality conducts business and treats all employees in accordance with all
applicable Human Right’s legislation. The Municipality does not condone and does not
tolerate harassment of any kind.
3. Employees shall not be harassed or discriminated against by the employer, by anyone
acting as an agent for the employer or by another employee because of race, ancestry,
place of origin, ethnic origin, citizenship, religion, creed, colour, sex, sexual orientation,
age, record of offences for which a pardon has been granted, family status, handicap or
any other grounds prohibited under the Ontario Human Rights Cod. Harassment
undermines an individual’s self-respect and adversely affects work performance and
well-being.
4. Supervisors, who do not exercise their responsibility to prevent or discourage
harassment of or by their employees, are considered to be as guilty of violating this
policy as if they had committed the harassment. Therefore, any supervisor who willfully
disregards a report of harassment of/by his/her employees may be subject to discipline
up to and including dismissal.
WORKPLACE HARASSMENT
5. “Workplace harassment” means different things to different people and may be
influenced by cultural, religious background, and/or geographical location. Workplace
harassment means engaging in a course of vexatious comment or conduct against an
employee in a workplace that is known or ought reasonably to be known to be
unwelcome. Workplace harassment may include conduct which is offensive,
embarrassing, or humiliating to others, and may further include visual representation,
electronic messages, written messages, verbal and/or physical conduct. Unwelcoming
behaviours may create hostile work environment.
SEXUAL HARASSMENT
6. Sexual harassment is a specific form of harassment. It may include behaviours that are
not necessarily sexual in nature, but relate to the person’s gender and demeans, belittles
or causes personal embarrassment to the recipient. These behaviours are known or
ought reasonably to be known to be unwelcome.
25
7. Examples of sexual harassment and inappropriate gender-related behaviour include, but
are not limited to, comments, gestures and non-verbal behaviour, visual materials and
physical contact. Comments made or actions taken may not be intended to offend
another person. However, intent is not a prerequisite to establishing that behaviour is
discriminatory.
ABUSE OF AUTHORITY
8. Abuse of authority means an individual’s use of power and authority inherent in the
position held in a manner which serves no legitimate work purpose and which ought
reasonably to be known to be inappropriate. It includes misuses of power that are
intimidating, coercive or demeaning. The legitimate and proper exercise of employer’s
right to supervise or manage (for example, performance reviews, work evaluations and
disciplinary measures taken for any valid reason) does not constitute harassment under
this policy.
PSYCHOLOGICAL HARASSMENT
9. Psychological harassment is bullying or humiliating behaviour that has the following
components:
Generally repetitive, although a single serious incident of such behaviour may
constitute psychological harassment if it undermines the recipient’s psychological
or physical integrity and has a lasting harmful effect,
Hostile, abusive or inappropriate,
Affects the recipient’s dignity or psychological integrity,
Results in a poisoned work environment
10. Not all conflict at work constitutes bullying or psychological harassment and it should not
be confused with legitimate management actions or normal human conflict.
WORKPLACE HARASSMENT DOES NOT INCLUDE
11. Appropriate direction, evaluation or discipline by a manager or supervisor; Stress
associated with the performance of job duties;
Friendly teasing or bantering that is mutually acceptable; and
Friendly or romantic behavior that is welcome and mutual.
DISCRIMINATION
12. There are three ways in which a person might suffer discrimination:
26
Directly: where a person treats another person unequally or differently because
he/she is a member of a group of persons who are identified by a prohibited
grounds under the Human Rights Code.
Indirectly: where a person causes another person to act on his/her behalf and
discriminates against a person because of his/her membership in a group of
persons who are identified by a prohibited ground under the Human Rights Code.
Constructively: where a neutral requirement, qualifications or factor has an
adverse impact on members of a group of persons who are identified by a
prohibited ground of discrimination under the Human Rights code.
EXCEPTIONS
13. The legitimate and proper exercise of the employer’s right to supervise or manage (for
example, performance reviews, work evaluations and disciplinary measures taken for
any valid reason) does not constitute harassment under this policy.
14. Hiring, performance/salary reviews, discipline, transfer, promotion, termination and other
career decisions must be based solely on work criteria.
WHAT DO I DO IF I AM EXPERIENCING DISCRIMINATION OR
HARASSMENT IN THE WORKPLACE?
15. An employee who believes he/she is being harassed should:
Make it known that the action is unwelcome and will be reported unless it is
stopped immediately.
Keep a written record of dates, times, and nature of behaviour and witnesses, if
any.
If the harassment continues, speak to an uninvolved supervisor and confirm the
complaint in writing to the uninvolved supervisor and/or CAO/Clerk.
Employees should note that failure to keep a diary of the event may invalidate
the complaint but a record will, however, reinforce it.
INVESTIGATION PROCEDURE
16. Management has the responsibility to respond immediately to complaints of harassment
in accordance with the following steps:
Inform the complainant that an investigation is being conducted,
Interview both parties as soon as possible,
Interview any witnesses,
27
Interview past and present employees, if necessary, to determine if harassment
has occurred,
Warn all parties that all interviews and information must be kept confidential,
Consult the Human Rights Commission, if necessary, before responding to the
complaint,
Render the decision and discuss the findings with the alleged harasser.
DISCIPLINE
17. If the allegations are found to have substance, then management may determine the
appropriate level of discipline, up to an including immediate termination of the harasser.
If the allegations are found not to have substance, the investigator will maintain a
confidential file on the allegations in the CAO/Clerk office. The complainant will assured
that there will be no recrimination because of complaint.
WHAT TO DO IF YOU ARE ACCUSED OF HARASSMENT OR
DISCRIMINATION?
18. If you are at fault, immediately cease the behaviour that the complainant finds offensive
and apologize to the complainant. Failure to cease this behaviour will leave you
vulnerable to a formal complaint and to discretionary action up to and including dismissal
if the complaint is substantiated.
19. If you believe that the complaint is unfounded and/or made in bad faith, discuss the
matter with your supervisor.
20. If you are named as the harasser in a complaint, the investigative procedure for such
complaints is a comprehensive one and will involve your supervisor and other parties as
deemed necessary.
21. If any event, document your version of the alleged incident, including times, place and
witnesses.
VIOLENCE IN THE WORKPLACE
1. The management of the Municipality is committed to prevention of workplace violence
and is ultimately responsible for worker health and safety. The Management will take
whatever steps are reasonable to protect workers of the Municipality from workplace
violence.
28
2. This policy applies to all activities that occur while on Municipal premises or while
engaging in work-related activities or social events. Any act of violence committed by or
against any member of the workplace or member of the public is unacceptable conduct
that will not be tolerated. Everyone is expected to uphold this policy and to work together
to prevent workplace violence.
WORKPLACE VIOLENCE
3. “Workplace violence” is defined as the exercise of physical force by a person against a
worker, in a workplace, that causes or could cause physical injury to the worker. It also
includes an:
attempt to exercise physical force against a worker in a workplace, that could
cause injury to the worker; and a
statement or behaviour that a worker could reasonably interpret as a threat to
exercise physical force against the worker, in a workplace, that could cause
physical injury to the worker.
4. The following list of behaviours, while not exhaustive, provides examples of conduct that
is prohibited:
a. Threatening behaviour – shaking fists, destroying property, or throwing objects
b. Property damage – theft, destroying property, vandalism, sabotage of equipment,
or arson
c. Verbal or written threats – any expression of intent to inflict harm
d. Bullying and intimidation
e. Verbal abuse – swearing, insults or threatening language
f. Psychological trauma – includes stalking
g. Physical attacks or assaults – hitting, shoving, pushing or kicking
h. Murder
i. Sexual Assault
5. Workplace violence can occur at off-site municipal business-related functions, at social
events related to work, or away from work but resulting from work, e.g.: a threatening
telephone call to an employee’s home from a member of the public.
Any individual who assaults a staff member is liable to be charged under the Criminal
Code of Canada and the staff who has been a victim of such violence has the right to bring
charges against the aggressor. All staff is entitled to the support outlined in this policy
whether or not charges are pursued.
29
WORKPLACE
6. The workplace includes all locations where business or social activities of the Municipality
are conducted. Violence in the workplace may also include incidents that happen away
from work (e.g., unwelcome phone calls or visits to a person’s home) if it is connected to
the victim’s employment with the Municipality.
DOMESTIC VIOLENCE
7. The term “domestic violence” refers to a broad range of behaviours that may be
perpetrated by one person against his or her partner with the aim of securing and
maintaining control, power, and/or domination over the partner. Such behaviours include,
but are not limited to, coercive physical, psychological, sexual, economic and/or emotional
abuse and threats.
REPORTING OF VIOLENCE
8. To ensure early identification and prevention of violence in the workplace, all staff are
responsible for reporting to their immediate supervisor any incident committed by another
staff member, volunteer, co-op placement, student, agents of the Municipality,
consultants, and contractors, or a member of the public of Council, that constitutes a
potential or actual threat of violence towards a staff member, especially if one or more of
the following factors is known to be present or to have occurred (the list is not exhaustive):
a. Threatening statements to do harm to self or others
b. References to other incidents of violence
c. Intimidating behaviour such as insubordination, open defiance, pestering or
confrontational behaviour
d. History of violent, reckless, or anti-social behaviour
e. Recent marked decline in performance
f. Major change in personality, mood, behaviour, or standards of personal grooming
g. Obsessions with persons or things, particularly weapons
h. Experiencing what appears to be serious stress in personal life
i. Substance abuse
Such reports may be made confidentially at the staff’s request, with the exception of steps
taken to ensure the safety of others and the prevention of recurrence. For example,
confidentially may not be assured where it becomes necessary for the Municipality to file
a police report.
If you are the victim of, or are a witness to, a violent incident in the workplace, contact your
immediate supervisor, or dial 911.
30
9. The Municipality will ensure that this policy is implemented and maintained, and that all
workers and supervisors have the appropriate information and instruction to protect them
from violence in the workplace.
10. Supervisors are responsible for ensuring that measures and procedures are followed by
workers and that workers have the information that they need to protect themselves.
11. All workers are encouraged to raise any concerns about workplace violence and to
immediately report any violent incidents or threats to your supervisor or another member
of management. There shall be no reprisal against individual who, in good faith, reports
an incident of violence or participates in an investigation.
12. No employee or any other individual affiliated with the Municipality shall subject any other
person to workplace violence or allow or create conditions that support workplace
violence. An employee that subjects another employee, client, or other person to
workplace violence may be subject to disciplinary action up to and including termination.
13. Management pledges to investigate and deal with all incidents and complaints of
workplace violence in a timely and fair manner, respecting the privacy of all concerned.
REPORTING PROCESS
14. Obligation to Report
Employees are to report a situation that he/she believes is workplace violence under this
Program. A report may be made by the actual victim of alleged workplace violence; by a
co-worker who witnessed the incident(s); or by a third party reporting on behalf of the
victim(s). Employees who, with an honest and good faith belief, provide information about
behaviour or actions which they perceive as threatening or potentially violent will not be
subject to disciplinary or other form of reprisal if their perceptions are not substantiated.
However, if it is learned that an employee intentionally made a false report or provided
false information regarding the report, disciplinary action up to and including termination
may be taken against that employee.
15. How to Make a Report
A report should normally be made as soon as possible after the relevant action or
behaviour occurred. Promptness in reporting protects the safety of all employees, as well
as the rights of both the person making the report and who is the subject of a report.
Although an employee may choose to make a verbal report, it is in the best interest of all
concerned to provide a written report, which should contain a brief account of the incident,
when it occurred, the person(s) involved and the names of witnesses, if any. The report
31
should be signed and dated. An employee making a verbal report may be required to
provide their report in writing.
A report under this Program may be submitted to the supervisor, manager, department
head of either the employee who made, or is the subject of, a report, or CAO. If the report
is submitted to the supervisor or manager, it shall be referred directly to the department
head and CAO within two (2) working days of receipt. CAO will investigate, or assign
another senior manager trained in workplace violence investigations to investigate the
situation and to report back with recommendations, or retain an external investigator.
16. Investigation
To the extent possible, the investigator shall ensure that the incident is investigated
promptly and fairly, in a discreet and confidential manner so as to minimize
embarrassment to all parties. The identity of the complainant will be kept confidential to
the extent possible during the investigation process
As soon as is reasonably practicable, the person assigned shall initiate the investigation
by meeting with the individual who made the report. The individual may be accompanied
by another employee of his/her choice in any meeting with the investigator. The
investigator shall confirm receipt of the report, clarify details, and apprise the individual of
the steps that will be taken. The Investigator will also make all appropriate inquiries of the
alleged victim and/or any witnesses to determine the nature and severity of the incidents
alleged.
After speaking with the applicable department head or designate, the investigator has the
authority, subject to applicable laws, to talk with anyone, examine any documents, and
enter any work locations that are relevant to the reported incident.
If Police Services request that the Municipality delay its investigation pending the
completion of a police investigation, the investigator will cease his or her investigation until
CAO approves of its continuation.
An employee who is the subject of a report and who refuses to discuss potentially violent
behaviour or cooperate in attempts to assess or defuse the risk of workplace violence
may, if information is uncovered through fact-finding to establish a reasonable possibility
of risk, be suspended without pay and benefits until he/she agrees to cooperate and
provides proof of cooperation. Refusal to co-operate may result in dismissal if the
employee has received written notice to that effect and has been given a reasonable
opportunity to cooperate.
Interventions that may form part of a risk assessment or plan of action for an employee
who is the subject of a report or investigation may include referral to the employee’s
physician, use of short-term disability plan or temporary leave of absence, referral to
counseling and other services, fitness-for-duty evaluation and other appropriate
interventions. More serious situations may warrant suspension, obtaining appropriate
court orders, and/or police involvement.
32
Depending upon the circumstances, the department head or CAO may determine that it
is appropriate to physically and/or operationally separate the employee who made, and
the employee who is the subject of the report, until the investigation has been completed.
In more serious situations, the Municipality may suspend the employee who is the subject
of the report pending the investigation.
17. Findings and Recommendations
Once the investigation is complete, the investigator will submit a confidential written
document to CAO. The document will summarize the investigator’s findings and
conclusions and will recommend corrective action if appropriate.
A conclusion about whether a specific incident of workplace violence did or did not occur
should be based upon the balance of probabilities. If the findings do not support the initial
report, the investigator will recommend that no further action is necessary and that the
matter be closed. However, if the findings do support the initial report, the investigator will
recommend measures to correct the situation.
The Chief Administrative Officer will review the investigator’s findings, conclusions, and
recommendations, as well as any comments received in relation to it before making a final
decision. In cases likely to result in suspension or termination from employment and/or
where the respondent has been the subject of several reports, the Chief Administrative
Officer may approve, change or reject any of the investigator’s recommendations.
18. Discipline
In responding to the threat or incident of violence, actions that warrant consideration may
include changes to the physical work space, changes to work schedules and/or patterns,
changes to procedures to offer better support and protection, withdrawal of services,
police intervention and the use of appropriate court orders.
Employees who are found to be at risk of engaging in violent conduct or who have
engaged in violent conduct may be subject to discipline up to and including suspension
and/or dismissal if warranted. Employees who engage in repeat violent behaviour after a
first incident is reported may be subject to immediate dismissal or suspension pending the
development of an appropriate plan of action. Employees who engage in serious violent
behaviour may be subject to immediate dismissal for a first incident.
The appropriate disciplinary action imposed, if any, shall be determined by mutual
agreement of CAO and the affected department head(s), based on the particular
circumstances of the case. In accordance with the Municipality’s disciplinary procedures,
no employee shall be suspended without authorization of the applicable department head
and no employee shall be discharged without authorization by the Chief Administrative
Officer.
33
TRAUMA SUPPORT
19. Employees who have witnessed or experienced a traumatic event may need special
support. Their special needs will be acknowledged and accommodated. The Chief
Administrative Officer or designate, will coordinate any special assistance that may be
required.
NOTE: If the employee, who is the victim of the violent activity, does not wish to pursue
the matter, then the wishes of the employee are respected, provided that doing so does
not compromise the safety of other employees, or the client or premises of the
Municipality.
TECHNOLOGY AND CORPORATE PROPERTY
1. The Municipality establishes rules and procedures to ensure that appropriate use of its
technology, equipment and supplies. Technology includes, but is not limited to,
computers, internet, cell-phones, software, social media and email.
TECHNOLOGY
2. It is important to the Municipality to enhance the productivity of authorized employees by
providing appropriate access to technology. This policy is intended to provide guidance in
the professional and responsible use of technology, including:
To protect against irresponsible, unauthorized, and illegal activities.
To ensure privacy, security, and reliability of all computer systems and
information.
3. Employees have access to computers, email and internet and are accountable for its
proper use. The systems are owned and maintained by the Municipality and are intended
to be used for business purposes. Personal use is allowed in emergency situations and
off working hours. Abuse of this policy may result in discipline and/or removal of related
privileges, with the discretion of the CAO/Clerk.
4. Employees should not use a password, access a file, or retrieve any stored
communication without authorization. Employees should not leave their computers
unattended when they are logged on, to ensure confidentiality.
5. The Municipality prohibits the use of computers, email and internet in ways that are
disruptive, offensive to others, or harmful to morale. The display or transmission of
sexually explicit images, messages, and cartoons are not allowed. Other misuse includes,
but is not limited to, ethnic, slurs, racial comments, colour jokes, or anything that may be
construed as harassment and/or showing as being offensive/disrespected to others.
34
SOFTWARE LICENSING
6. Employees may only use softwares on the local area network or on multiple machines
according to the software license agreement, unless otherwise approved by the
CAO/Clerk.
CORPORATE PROPERTY
7. Electronic devices (cell-phones, pagers, etc.), equipment, furniture, supplies, and other
property of the Municipality have been acquired for the purpose of achieving municipal
and program objectives.
8. The use of electronic devices for occasional personal use should not interfere with work-
related activities, nor should the Municipality incur extra costs. Employees are to inform
information technology (IT) representative when they will be out-of -county so that an
appropriate plan can be implemented during that timeframe. In the event that IT is not
informed, the individual shall be responsible for costs incurred as a result of not
implementing the appropriate out-of-country plan.
9. The unauthorized use of corporate property, resources or premises, and the unauthorized
removal or property from the Municipality’s premises, without the prior approval of the
supervisor, are subject to discipline up-to and including dismissal and may be subject to
criminal charges.
10. No employee should have any expectation of privacy as to any use of the Municipality
media and equipment.
11. Personal use of computer, internet, e-mail and other Municipal technology should be
restricted to unpaid time.
OWNERSHIP OF DATA AND SOFTWARE
12. All equipment and software programs, information and data installed and/or created on
municipal equipment, belongs to the Municipality. This includes all programs, documents,
emails, spreadsheets, databases, and methods of techniques, etc. developed using
corporate equipment and/or software, while employed with the Municipality.
35
SOCIAL MEDIA
13. The Municipality may use social media (Twitter, Facebook, Instagram, LinkedIn, etc.) from
time-to-time to advertise for events, hiring purposes, etc. Employees should not misuse
the use of social media. Personal use of social media may only be used during your own
time and off working time.
USE OF MUNICIPAL VEHICLES AND EQUIPMENT
1. Certain employees of the Municipality may be required operate various municipal vehicles
and equipment in the course of their job. The Municipality is committed to the proper
maintenance and safe driving of all vehicles and equipment used for municipal business.
2. When using municipal vehicles and equipment employees are expected to exercise care,
perform required maintenance, and follow all operating instructions, traffic regulations,
safety standards, and guidelines. Employees shall also notify the supervisor if any vehicle
or equipment appears to be damaged, defective, or in need of repair.
3. The improper, carless, negligent, destructive, or unsafe use or operation of vehicles and/or
equipment, as well as avoidable traffic and parking violations, can result in disciplinary
action, up to and including termination of employment. If an employee receives a driving
and/or parking violations in a municipal vehicle and/or during municipal time, it is not the
responsibility of the Municipality.
4. Vehicles or equipment owned, leased, or rented by the Municipality may not be used for
personal use without prior approval from the Supervisor.
5. Municipal vehicles are to be parked on Municipal premises when not in business use
unless authorized to be parked offsite.
6. Employees operating municipal vehicles and/or equipment must be free of any influence
of any substance, including alcohol, marihuana and illegal drugs which may cause
impairment. Smoking is not allowed in any Municipal owned, leased, or rented vehicles
and equipment. Violation of this rule may lead to progressive discipline, up to and including
termination.
DRIVER’S LICENSE
7. All employees driving for municipal business must possess a valid driver’s license. If the
employee’s license is void or suspended, they may not operate a municipal vehicle and
must report to the CAO/Clerk, as soon as reasonable possible. Drivers that work in a
36
position that requires them to drive to conduct their duties for their position, may be
asked to generate an annual official Driver’s Abstract.
LAYOFF
1. At times the Municipality, due to change in strategic direction, loss of services, financial
reasons, or other reasons, may have to reduce the workforce.
2. Where possible, the Municipality will attempt to avoid layoffs by relying on natural
attrition. If attrition doesn’t result in sufficient reduction in the work force, volunteers will
be requested. The last resort is to select particular employees for layoff.
3. If layoffs are found to be necessary, the Municipality will implement in accordance to the
Employment Standards Act (ESA). Layoffs are not considered an end to the
employment contract.
4. Employees on temporary layoff may have regular benefits to which they are entitled to
continue, as awarded by the Municipality’s insurance provider.
5. Any unpaid accrued vacation pay will be paid out to employees with their final pay before
the layoff.
6. If employees are laid off, they will be given as much notice as possible of the layoff and
will receive a letter explaining all arrangements. Employees will not be paid during a
layoff.
7. When an employee is given notice to return to work from layoff, the employee must
return to work on the day they are requested to do so. If unable to comply, the
employee is responsible to contact the CAO/Clerk so alternative arrangements can be
made.
TERMINATION
8. Terminations may arise from Involuntary Termination by the Municipality, Resignation,
Retirement and Abandonment. The Municipality is committed to handle all terminations
in good faith, in a fair and consistent manner, and in accordance with the Ontario
Employment Standards Act, Ontario Human Rights Act and all other applicable statues
with respect to terminations.
9. Employees who retire or resign from their employment with the Municipality may be
requested to participate in an exit interview with CAO/Clerk.
10. Involuntary terminations require the review and written approval of CAO/Clerk.
37
11. An employee who is released for disciplinary reasons (except for just cause) or inability
to perform work duties will receive a warning, written or otherwise, over the
Municipality’s Progressive and Corrective Disciplinary policy, prior to involuntary
termination proceedings being implemented.
12. Terminated employees agree to return all municipal property including all employee
passwords and documents prior to their departure.
RESIGNATION
13. All employees should give a minimum of two (2) weeks’ notice (or longer where required
by their employment contract) to the Municipality of their intent to terminate their
employment. To facilitate replacement of any employee, the Municipality requires the
longest amount of notice possible, particularly from more senior employees.
14. The Municipality recognizes that retirement is an individual choice to work until the
normal retirement age, to retire early, or to postpone retirement.
RETIREMENT
15. The Municipality does not have a mandatory retirement age. Based on satisfactory
performance, employees may continue to work past the traditional retirement age of 65
unless prohibited by legislation.
16. The Municipal group insurance policies may change coverage based on age. See your
group benefit and Ontario Municipal Employees Retirement System (OMERS) booklets
for more information.
17. Employees considering retirement should inform their supervisor as soon as possible to
discuss the process, and facilitate transition and succession planning.
ABANDONMENT OF EMPLOYMENT
18. Employees resigning their position are required to give proper notice. In addition,
employees who are absent unexpectedly from work are required to notify their Managers
within a half hour of their scheduled shift start time, as to the reason of their absence.
Employees who are absent from work for three (3) consecutive working days or more
without notice, are deemed to have terminated their employment.
19. When an employee is absent without notice the Manager must take immediate steps to
contact the employee. If attempts to reach the employee are unsuccessful, the Manager
must consult immediately with the CAO/Clerk to assure that all appropriate procedures
are followed.
20. The Municipality must notify the employee of the intent to termination employment in
writing by registered mail. The letter may be sent on the second day of absence.
38
EMPLOYMENT VERIFICATION
1. Consistent with the Municipal Freedom of Information and Protection of Privacy Act, the
Municipality will not disclose salary or employment information to a third party unless
required to by legislation.
2. Employees requiring verification of their employment/salary is to contact payroll or their
supervisor. Payroll or the supervisor will prepare written confirmation of
employment/salary addressed to the employee for his/her release to any third party.
Request for employment/salary verification should be fulfilled within two (2) working
days.
COUNCIL STAFF RELATIONS
1. Mutual respect and cooperation are required to achieve the Council’s corporate goals
and implement the Council’s strategic priorities through the work of staff.
2. Employees have an obligation to recognize that members of Council have been duly
elected to serve the residents of Bayham and respect the role of Council in directing the
actions of the Municipality.
CONDUCT INVESTIGATIONS
1. Informal Complaints
Any individual who has identified or witnessed behaviour or activity by an Employee that
appears to be in contravention of Section 2 – Employee Conduct & Guidelines may address
their concerns in the following manner:
a) Advise the Employee that their behaviour or activity contravenes Section 2 –
Employee Conduct & Guidelines;
b) Encourage the Employee to stop the prohibited behaviour or activity;
c) If applicable, confirm to the Employee your satisfaction or dissatisfaction with
his response to the concern identified;
d) Keep a written record of the incidents including dates, tim es, locations, other
persons present, and any other relevant information, including steps taken to
resolve the m atter.
e) If not satisfied with the response received through the informal process, an
individual may proceed with a formal written complaint through the CAO|Clerk, or
if the complaint is about the CAO|Clerk through the Mayor.
39
2. Formal Complaints
Any individual who has identified or witnessed behaviour or activity by an Employee that
appears to be in contravention of Section 2 – Employee Conduct & Guidelines may address
their concerns through the formal complaint process set out below.
a) All formal complaints must be made using the Municipality’s Complaints
Form-Staff and shall be dated and signed by the com plainant ;
b) The complaint must include an explanation as to why the issue raised may be
a contravention of Section 2 – Employee Conduct & Guidelines and any evidence
in support of the allegation must be included with the Complaints Form/Affidavit;
c) Any witnesses in support of the allegation must be identified on the Complaint
Form/Affidavit;
d) The Complaint Form/Affidavit must include the name of the Employee
alleged to have breached Section 2 – Employee Conduct & Guidelines, the
specific section of Section 2 – Employee Conduct & Guidelines allegedly
contravened, the date, time and location of the alleged contravention and
any other information as required on the Com plaint Form /Affidavit;
e) The complaint shall be filed with the CAO|Clerk, or if the complaint is about the
CAO|Clerk through the Mayor who shall confirm that the information is complete
as to a), b), c) and d) of this section. The CAO|Clerk or Mayor will determine
whether the matter is, on its face, a complaint with respect to non-
compliance with Section 2 – Employee Conduct & Guidelines, and not covered by
other legislation or policies; and
f) The CAO|Clerk or Mayor may request additional information from the
complainant.
g) Corrective action or discipline, if any, will be determined by the CAO|Clerk or
Mayor in accordance with the Progressive Discipline policy and the decision of
the CAO|Clerk or Mayor shall be final.
40
SECTION THREE:
PAY ADMINISTRATION
AND BENEFITS
41
COMPENSATION PHILOSOPHY
1. The total compensation program for the Municipality consists of base salary, variable
compensation (short-term incentives and supplementary pay), and benefits. The total
compensation program is central to the Municipality’s strategy to attract, engage,
motivate and retain qualified employees through an internal equitable, non-
discriminatory and externally competitive compensation program.
2. Compensation is structured to:
Establish appropriate pay differentials between position levels to account for
differences in scope of responsibilities.
Reward performance as measured by the attainment of individual, department
and corporate objectives.
Recognize the acquisition of knowledge, skills and experience pertinent to the
employee’s position.
3. The Municipality is committed to providing employees with clear and open
communication regarding compensation policies and practices, as well as performance
feedback. The Municipality is also committed to complying with the Ontario Pay Equity
Act and promotes the concept of equal pay for work of equal value.
4. The Municipality will perform a market check normally every four (4) years, which will
include:
The pay band grid will be compared to the market,
Council will approve the comparators to be used,
The median or fiftieth (50th)percentile of the job rate of the comparators will be
used,
The overall pay band grid may increase, decrease or remain the same as the
result,
No employee’s pay will be reduced as a result of this exercise. However,
individual pays may be frozen until the pay for their position catches up to their
current pay. Employees in this situation will not be eligible for the annual pay
adjustment until their pay is equal to or exceeds the job rate in their pay band,
Council will approve the market check and implement the results.
42
PAY ADMI NISTRATION
1. Salaries at the Municipality shall be determined in accordance with the Salary Schedule
as approved and amended from time-to-time by Council.
PROMOTIONS
2. A promotion shall be considered as a reassignment of duties to employees that would
cause his/her new position to be paid in a higher salary classification than the previous
position. All employees, upon promotion, shall receive payment of at least the minimum
rate of the new position, expect in instances when an employee does not meet the full
minimum requirements of the new position. In such cases, the CAO/Clerk will determine
if a reclassification is necessary. In no case, shall an employee receive less than his/her
current salary by promotion.
3. Subsequent increases in the new range will occur on the anniversary date (or establish
date) of the transfer or promotion.
DEMOTIONS
4. A demotion shall be considered as being a re-assignment of duties to an employee that
causes the new position to be paid in a lower salary classification than the previous
position. This may occur as a result of organizational changes, work shortages,
inadequate performance and diminished employee capability or at the employee’s
request.
5. If an employee is permanently demoted or transferred to a position in a lower salary
level, the compensation shall be held at the existing level until the step in the lower
grade for the position reaches the existing salary through economic adjustments, with
the discretion of the CAO/Clerk. The salary is increased subsequently when salary
ranges are increase across the board as a result of economic adjustments that affect the
whole salary system.
6. The Municipality understands and recognizes long and loyal service. Therefore, will try
to minimize the financial impact of demotions to employees and will try to keep their
current salary until the range of the lower salary range catches up across the board of
economic adjustments that affect the whole salary system.
43
TEMPORARY TRANSFERS
7. If the temporary transfer is to a position at a lower salary level, an employee may retain
his/her current salary. “Temporary” can be a period of up to, but not exceeding, six (6)
months.
8. If the temporary transfer is to a position at a higher salary level, “acting pay” may be
provided in accordance with the Acting Pay policy.
PROBATION AND PERFORMANCE EVALUATIONS
9. After successful completion of a probationary period with a satisfactory performance
evaluation, salary adjustment may be awarded, unless otherwise decided by the
CAO/Clerk for special circumstances.
10. Upon a successful completion of an annual performance evaluation, employees are
eligible at this time to move upward on the salary grid from level to level, effective on the
annual date set out by the CAO/Clerk and Council. Movement up the salary grade is
done until job rate is reached.
11. If an employee’s performance evaluation is unsatisfactory, the salary movement will be
deferred until a follow-up evaluation can be made, normally within three (3) months. If
the second evaluation demonstrates improvement, the merit increase adjustment in the
pay band may be awarded, but may be withheld for three (3) months from the
employee’s start date in the position.
ANNUAL ADJUSTMENT TO PAY BAND GRID
12. Each year on January 1 the entire pay band grid may move up by % using an
established formula.
13. The formula to be used is the annual Stats Can Ontario CPI for the 12 months ended
October 31 each year.
14. The job rate will increase by the annual adjustment and the other five steps calculated
as a % of the job rate.
15. The annual adjustment pay band increase is not automatic each year. It depends on
Municipality finances and affordability and is subject to annual Council approval through
the Operating Budget.
44
16. If the formula in a given year, results in a negative % the pay band grid will remain the
same as the previous year. In the following year the negative % will be netted against a
positive %.
17. If Council approves an annual adjustment through the Operating Budget, all staff with at
least satisfactory performance will have their pay increase by the amount of the increase
in their step
NEW AND RECLASSIFICATIONS
18. When a new position is created, or duties of an existing position change sufficiently that
a reclassification may be necessary, a new job description shall be written. The duties of
the new or revised position shall be rated by the CAO/Clerk, using the job evaluation
system. Based on this assessment, the position shall be placed in the appropriate salary
grade.
JOB EVALUATION SYSTEM
1. The Municipality utilizes a Job Evaluation System to determine the relative ranking of
position within the Municipality by means of systematic and detailed analysis of job
content. The Job Evaluation System provides for a salary administration plan designed
to compensate employees in a manner which is equitable, ensures internal equity, and is
in compliance with the Pay Equity Act.
JOB EVALUATION
2. Job evaluation is tool that is used to help establish the relative worth of all jobs within the
Municipality. It applies common factors that measure the worth of jobs so that fair and
equitable salary ranges can be applied to them. The job evaluation tool helps with the
establishment and maintenance of sound salary differentials between jobs. Job
evaluation builds a foundation for consistent administration and maintenance of salary
ranges. The CAO/Clerk is responsible for managing the Job Evaluation System.
3. Job evaluation reviews are generally initiated in response to:
Department restructuring;
New Positions; or
Significant changes in duties, responsibilities or accountabilities of existing job
that changes the scope of the job. It is applied to job requirements, not the
capabilities of individuals.
45
4. The Municipality is committed to reviewing the Job Evaluation System a minimum of
once every five (5) years.
ACTING PAY
1. The Municipality will provide acting pay to employees who are temporarily assigned to
perform the majority of responsibilities, including the essential elements of a higher
paying job classification, for more than the noted consecutive working days. The
following may apply:
2. No change in wage will result if the assigned job classification is lower than the
employee’s current classification, unless mutually agreed upon.
3. Where the employee is assigned to perform the majority of the duties of the higher rated
job classification, including the essential elements, the employee will be paid, at the
minimum rate of the assigned pay band of the higher rated job classification provided the
assignment is:
Minimum ten (10) consecutive full working days in a manager assignment; or
Minimum five (5) consecutive full working days in all other assignments.
4. Exception:
Where such a change results in an increase of less than 5%, the employee shall
receive
the next higher wage rate in the pay band; and
The employee’s new wage rate may never exceed the maximum of the higher
rated job classification.
SUCCESSION PLANNING
5. Employees selected for career grooming and development for promotion to high
rated job classification will be placed in a higher pay grade for a specified and a
greed upon timeframe (i.e., 12 to 18 months). The higher pay grade will be determined
based on the level of responsibility assumed during this period.
6. All temporary assignments and acting pay must have prior written approval from the
CAO/Clerk.
46
PAY ROLL ADMINISTRATION
PAY DAY
1. Employees will be paid bi-weekly with the pay period beginning on Monday and ending
on the second (2nd) Sunday following. Payment will be made by direct deposit to the
employee’s bank account on Friday.
2. Each employee will be provided a statement of gross earnings, vacation pay, and
deductions for the payroll period. Pay stubs will be distributed by the Treasurer and will
only be released to the employee.
3. In the event that a regularly scheduled payday falls on a day off such as a holiday,
employees will receive pay on the last day of work before the regularly scheduled
payday.
4. Salaried employees shall be paid on the basis of their annual salary divided by the
number of pays in each year.
5. A T4 will be distributed to employees and former employees with earnings for the
previous year, on or before February 28th of each year.
PAY ADVANCES
6. The Municipality does not provide pay advances on wages to employees.
ERRORS IN PAY
7. In the event that there is an error in the amount of pay, employees should promptly bring
the discrepancy to the attention of their manager. Any required corrections will be
documented and an adjustment will appear on the employee’s next pay stub.
PAY DEDUCTIONS
8. The Municipality must make certain deductions from every employee’s remunerations,
including applicable Federal and Provincial income taxes, Employment Insurance, and
Canada Pension, to the amounts stipulated by legislation. Membership of OMERS is
mandatory for regular full-time employees, and the amounts as directed by the plan are
deducted from each employee’s pay.
47
9. Where the Municipality offers programs and benefits beyond those required by law,
Employees will sign a form at the start of their employment authorizing non-statutory
deductions.
PAY GARNISHMENTS
10. The law requires the Municipality to comply with court-ordered payments and wage
garnishments when they are presented. Employees affected by wage garnishments or
court-ordered payments will be notified by the Payroll Administrator of any charges
against their wages.
11. No person acting on behalf of the Municipality may dismiss; threaten to dismiss;
discipline or suspend; impose any penalty upon; or intimidate or coerce any employee
because of a wage garnishment or court-ordered payment.
BENEFITS
STATUTORY BENEFITS
1. The Municipality pays the following benefits required by statute on behalf of all
employees and Members of Council where required:
Employer Health Tax (EHT)
Employment Insurance (EI)
Canada Pension Plan (CPP)
Workplace Safety and Insurance Board (WSIB)
MUNICIPAL BENEFITS
2. Permanent full time and part time employees are eligible to participate in the
Municipality’s group benefit plan, upon the successful completion of their probationary
period, or as specified in their employment contract.
3. Municipal benefits currently provide the following, in accordance with plan booklets:
Pension through Ontario Municipal Employees Retirement System (OMERS)
Vision and Dental Coverage
Extended Health Care
Life Insurance
Accidental Death & Dismemberment
Short-Term Disability
Long-Term Disability
48
4. Please see the group benefit plan booklet for more information and details about
benefits. New employees will be provided with a benefit booklet when they become
eligible for benefits. Benefits may change from time-to-time, in which employees will be
provided with reasonable notice of changes.
EMPLOYEE ASSISTANCE PROGRAM
5. Permanent employees and dependents have access to the London Employee
Assistance Consortium (LEAC). For more information please contact, 519-432-1821 or
visit the website http://www.leaceap.ca/index.htm.
PROFESSIONAL DEVELOPMENT & CONTINUING
EDUCATION
1. The Municipality encourages the ongoing professional development and continuing
education of employees, and provides financial assistance in accordance with this
policy.
MEMBERSHIP FEES
2. The Municipality may agree to reimburse employees for membership dues to
professional associations required or directly related to job duties, at the CAO/Clerk’s
discretion and prior approval.
SEMINARS, CONVENTIONS AND CONFERENCES
3. The Municipality shall offer the following assistance to employees attending approved
seminars, conventions and/or conferences:
Transportation expenses, including parking, of delegate to and from the seminar,
convention and/or conference. If delegate drives his/her own vehicle, he/she
shall paid at the mileage rate as set by Council. If the employee travels by train
or plane, a receipt is required.
All registration fees levied by the seminar, convention and/or conference.
Employees must have prior written approval from the CAO/Clerk, for all other
reasonable expenses otherwise the expense will not be reimbursed.
49
EDUCATIONAL ASSISTANCE
4. The Municipality may offer reimbursement of tuition fees to encourage employees who
have completed their probationary period, to upgrade their education and/or skills by
enrolling in part-time studies at recognized colleges or universities.
5. Reimbursement of educational costs is contingent upon submission of proof of the
successful completion of each course. All courses must receive approval prior to
commencement of the course. Employees will obtain approval from the CAO/Clerk.
While educational assistance is expected to enhance employee’s performance and
professional abilities, the Municipality cannot guarantee that participation in formal
education will entitle the employee to automatic advancement, a different job
assignment, or pay increases.
6. If the employee leaves employment shortly after their studies are completed, the timelines
and percent reimbursement required are as follows:
Timelines % Reimbursement
Within one year of completion of studies 100%
Within two years of completion of studies 66%
Within three years of completion of studies 33%
After three years of completion of studies 0%
LONG-TERM SERVICE AWARDS
1. The Municipality believes in recognizing long-term service commitment within the
Municipality. The Municipality recognizes their hard work over the years of service by
providing their employees with long term service awards.
2. The Municipality believes that with long-term service commitment of its
regular/permanent employees, it provides benefits to the Municipality, including but not
limited to:
Retention of valued expertise;
Organizational stability and lower turnover;
Creation of a positive and supportive work environment;
Identification of role models and the opportunity to encourage a sense of
community and shared purpose.
3. All permanent Municipal employees, volunteers, and members of Municipal committees
will be recognized with a service award at every five (5) year increments of service. The
50
initial hire date shall be used to determine length of service. In the event of a break in
service, a new initial hire date shall be established on the date of re-employment, and
previous service may not be counted.
51
SECTION FOUR:
WORKING HOURS,
ATTENDANCE AND
LEAVES
52
HOURS OF WORK
1. The Municipality has designed hours of work to deliver services in the most efficient and
effective manner. As such, the standard work week for departments may vary in
accordance with the nature of work that is performed.
HOURS OF WORK
2. The normal hours of work for full time office/clerical non-union employees will be 8:30
am to 4:30 pm, Monday to Friday inclusive. A normal working day shall consist of seven
(7) working hours and a normal working week of Thirty-five (35) working hours.
3. The normal hours of work for “outside” non-union employees shall be:
Roads Operations Supervisor 7:00am to 3:30pm Monday to Friday inclusive.
Chief Building Official (CBO) 8:00 am to 4:30 pm Monday to Friday inclusive.
Manager of Public Works 8:00 am to 4:30 pm Monday to Friday inclusive.
4. Other individual work schedules may be required for some positions. Such working
schedules shall be communicated to those employees in writing or stated within the
employee’s employment contract.
5. Staffing needs and operational demands may require changes to regular work hours and
requires prior approval from Supervisor. Employees are expected to be at work and ready
to perform the duties of their job when their shift starts. If you are to be late, you must let
your supervisor know within 30 minutes of their regular start time or as soon as possible.
FLEXIBLE TIME
6. Flexible scheduling, or flextime, is available in some cases to allow employees to vary
their starting and ending times each day within the Municipality’s core hours, 8:30am to
4:30pm. Arrangements must be approved in writing by the supervisor and CAO/Clerk.
Issues such as staffing needs, the employee’s performance, quality of service and the
nature of the job will be considered before approval of flextime. Employees should
consult with their supervisor to request participation in the flextime program. Note,
flextime is not time off in lieu of overtime.
REST AND MEAL BREAKS
7. Rest and meal breaks are provided to employees in excess of the requirements under
Employment Standards Act (ESA). In each working day, an employee shall be permitted
at such times as may be designated by their supervisor, the following:
53
Two (2), fifteen (15) minute paid break, to be taken in the morning and the
afternoon.
One (1) unpaid meal break.
8. Office personnel must take a one (1) hour unpaid meal break, between 11:30 am and
2:00 pm, at a time agreed to by the manager.
All breaks should be taken when adequate coverage is available within the department.
Employees are not to use/work through breaks to shorten the workday.
TIMESHEETS
9. Employees should accurately record all hours worked, including all vacation, public
holidays, sick/personal time and overtime worked. All non-union employees shall sign
and submit their timesheets to their supervisor by Monday, for approval. The supervisor
shall review and initial the timesheet and submit to payroll by Monday for processing.
ATTENDANCE AND PUNCTUALITY
10. It is expected that all employees report for work with enough time to be at their
workstation and ready to work at shift starting time. Work activity should commence at
starting times and continue until the normal designated stopping times for breaks, lunch,
or the end of work.
11. Failure to report to work on time or patterns of lateness may result in progressive
disciplinary action per the Municipalities Progressive and Corrective Discipline Policy.
OVERTIME
REGULAR EMPLOYEES
1. Non-management employees overtime worked over regular hours of work, will be paid at
one and one half times the employee’s rate of pay.
2. Only hours worked count towards the overtime threshold. Time on vacation, statutory
holiday, leaves, etc., does not count towards overtime.
3. All overtime worked must have the prior approval from the employee’s supervisor.
4. Employees may bank time to a maximum of eighty (80) hours per year of overtime.
54
MANAGEMENT EMPLOYEES
5. As per the Employment Standards Act (ESA), Managers and Supervisors do not qualify
for overtime pay if the work they do is managerial or supervisory and they perform non-
supervisory or non-managerial tasks on an irregular or exceptional basis.
6. In recognition of additional hour’s management employees may be required to work, the
Municipality allows employees holding management and/or supervisory positions to
bank up to one eighty (80) hours of paid straight time-off-in-lieu of overtime pay. The
eighty hours is in addition to eligible vacation entitlement and paid holidays. If the
manager doesn’t use their banked overtime during the calendar year it will be forfeited
and not eligible to be carried forward.
7. If an employee is uncertain as to whether they are classified as a manager and/or
supervisor in accordance with this overtime policy, please speak with the CAO/Clerk.
PAID PUBLIC HOLIDAYS
1. The Municipality recognizes twelve (12) days as public holidays and grants paid time off
work on these days, subject to the conditions outlined below. Note, this includes the
nine (9) days in accordance with the Employment Standards Act (ESA) and an additional
three (3) days designated at this time as paid holidays by the Municipality.
PAID HOLIDAYS
2. All employees are entitled to paid public holidays on each of the following:
New Year’s Day Civic Holiday
Family Day Labour Day
Good Friday Thanksgiving Day
Easter Monday Remembrance Day
Victoria Day Christmas Day
Canada Day Boxing Day
3. To be eligible for public holiday pay, employees must work the last scheduled day
immediately preceding and the first scheduled day immediately following the holiday.
Salaried employees will continue to receive their regular pay while off on a public
holiday.
55
4. A recognized holiday that falls on a Saturday may be observed on the preceding Friday.
A recognized holiday that falls on a Sunday may be observed on the following Monday.
If eligible employees work on a recognized holiday, they will receive pay at their regular
rate for hours worked plus another day off in lieu, with holiday pay.
FLOATING HOLIDAYS
5. In addition to the holidays noted above, the afternoon prior to Christmas Day and the
afternoon prior to New Year’s Day shall constitute additional paid holidays at employee’s
regular rates of pay. Provided however, that Christmas and New Year’s half holidays will
be observed on the working days preceding the respective holidays. Except when
Christmas Day and New Year’s Day falls on Saturday, Sunday or Monday in which case
the half-holiday will be observed on the preceding Friday afternoon. Subject to Council
direction, employees may be granted additional paid days off between Christmas and
New Year’s.
VACATION
1. At the Municipality each Supervisor is responsible for managing vacation schedules for
their respective departments, in a manner that is as fair as possible to all employees.
Vacation scheduling shall try to ensure minimum disruption of services within the
department.
VACATION ENTITLEMENT
2. The vacation entitlement year is based on the calendar year. Employees may not take
vacation time that has not yet been earned, unless otherwise approved by the
CAO/Clerk. Regular full-time employees are entitled to the following vacation time,
based on the number of full, completed years of employment. Part-time and contract
employees will be entitled to a prorated amount of vacation time, based on their regular
hours worked.
Years of Eligible Service (at
January 1st)
Vacation Entitlement (for that
year)
Less than One (1) year One (1) working day for every
completed month of service to a
maximum of ten (10) days
One (1) year Two (2) weeks
Five (5) years Three (3) weeks
Ten (10) years Four (4) weeks
56
Fifteen (15) years Five (5) weeks
Twenty (20) + years Six (6) weeks
3. For regular full-time employees, vacation must be taken as time off. No cash payment in
lieu of vacation time will be made. Vacations credits of up to one (1) week may be
carried over into the subsequent calendar year, if approved by the CAO/Clerk.
4. If a public holiday falls during an employee’s vacation time, the public holiday does not
count as a vacation day.
VACATION PAY
5. Salaried employees will continue to receive their regular pay while on vacation.
6. Hourly employees will earn vacation pay at the number of days indicated in the table
above, based on years of employment. Vacation time is paid on the employees gross
wages (including regular earnings, commissions, bonuses/gifts related to hours of work,
overtime pay and public holiday pay) at the time of vacation. Upon terminations of
employment, employees will be paid for outstanding vacation pay. Unused vacation
equals vacation earned (prorated to termination date) less vacation days already taken.
VACATION SCHEDULING
7. To take vacation, employees must submit a written request to their supervisor for
advance approval in writing. Requests will be reviewed based on a number of factors,
including business needs and staffing requirements. Up to two (2) weeks may be taken
at one time. More than two (2) weeks may be taken only with prior written approval of
the CAO/Clerk.
BEREAVEMENT LEAVE
1. Bereavement Leave shall be granted for attending a funeral and for bereavement
purposes commencing the first day following the death, as follows:
Five (5) working days immediately following the death of a spouse, child or step-
child.
Three (3) working days immediately following the death of a parent, grandchild,
grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or
parent of the employee’s current spouse.
Two (2) working days, to attend the funeral of the sister, brother, or grandparent
of the employee’s current spouse.
57
One (1) working day, to attend the funeral of an aunt or uncle, fellow employee, a
close friend or to serve as a pallbearer.
2. Paid leave of absence in respect of bereavement will only be allowed for days on which
the employee has been scheduled to work. Additional days may be granted with or
without pay, with the discretion of the CAO/Clerk.
JURY/COURT DUTY
1. Employees who is required to serve as a juror or subpoenaed as a witness in any court
in Ontario, shall be granted a leave of absence for the days on which the employee
would otherwise have been scheduled to work.
2. Employees shall be excused from work for the part of each day that the employee shall
actually render serve as a juror or as a witness.
3. Upon completion of his/her jury duty or witness service, such employees shall present to
his/her supervisor and/or CAO/Clerk a satisfactory certificate showing such period of
service. Such employee will be paid his/her regular earning for the period of such jury or
witness service provided he/she shall deposit with the Treasurer of the Municipality the
full amount of compensation received, excluding mileage and travelling expense, an
official receipt therefore. If the employee presents himself/herself for selection as a juror
and is not selected, then he/she shall be required to return to his/her regular
employment to complete his/her remaining normally scheduled work period.
4. Employees will be granted a maximum of twenty-four (24) hours of paid time off to
appear in court as a witness at the request of a party other than the Municipality.
Employees will be paid at their base rate, and are free to use any remaining paid leave
benefits (such as vacation time) to receive compensation for any period of witness duty
absence that otherwise would be paid.
VOTING LEAVE
1. Where legislation, as amended from time to time, requires and where, by reason of the
hours of his/her employment, an employee who is a qualified elector and who will not
have four (4) consecutive hours to work while the polls are open on a polling day at an
election, the employer shall, at the convenience of the employer, allow the employee
such time for voting as is necessary to provide the four (4) consecutive hours.
58
2. There will be no deduction from the pay of an employee or any penalty imposed on the
employee by reason of absence from work during the time allowed by the employer from
voting.
INCLEMENT WEATHER DAYS
1. The Municipality acknowledges that for those employees who commute to work, travel
can be impeded by weather, particularly in the winter months. In the event of inclement
weather, the CAO/Clerk will decide whether or not the Municipality facilities will be open
for that day. If closed, Management will arrange for all employees to be informed as
soon as possible.
2. If Municipal facilities are open, employees should make every reasonable effort to make
it to work on time. However, employees are not to endanger their personal safety in an
attempt to get to work. If you anticipate being unable to report to work or being late for
work because of inclement weather conditions, please contact your Manager as soon as
possible, to advise of your absence or delay.
3. Employees should not drive on closed roads or violate any Highway Traffic Act
regulations attempting to attend work.
4. In the circumstance that an employee is unable to get to work due to inclement weather,
the employee will not be paid for absent time. If available the employee may make up
their time absent (as business needs require) or use vacation pay and time instead with
their Manager's prior approval.
SICK LEAVE
1. The Municipality understands that on occasion employees are sick and unable to report
to work. As such the Municipality sets the following policy.
2. All full time employees are allowed twelve (12) days paid sick leave per calendar year.
The paid sick days are prorated for partial years employed with the Municipality and part
time hours.
3. Sick days must only be used for personal illness, immediate family illness or personal
emergency.
59
4. Permanent employees are entitled to use up to four (4) days per calendar years from
his/her sick leave entitlement to attend to a spouse, child and/or parent who are
personally ill.
5. Unused sick days are not paid out or carried over to the following year.
6. Employees, who are unable to report to work due to personal illness, are to advise their
immediate supervisor within 30 minutes of the start of their shift, indicating they are
unable to report to work due to personal illness.
7. An employee who is absent from work for reason of illness, may be requested to provide
a medical certificate to their supervisor. The employee is responsible for all costs
associated to obtaining doctors notes. Failure to comply with this section may result in
forfeiting pay, suspension or discharge from employment.
SHORT-TERM DISABILITY (STD)
8. Employees may be eligible for STD income after sick leave entitlements have been
utilized. The employee must apply to the carrier and obtain approval for these benefits.
9. STD benefits due to illness or non-occupational accident will be paid for a period of
continuous absence up to 119 calendar days at 75% of the employee’s regular pay.
10. Separate periods of disability occurring under this benefit will be considered one period
if:
They result from the same or related causes are separated by a period of six
consecutive months or less during which the employee returned to active
employment, or;
They result from entirely unrelated causes are separated by a period of less than
one full day during which the employee returned to active employment.
11. The cost of this plan will be paid 100% by the Municipality. Each employee who has
completed their probationary period shall be eligible for the program.
LONG-TERM DISABILITY (LTD)
12. Employees may be eligible for LTD income after STD leave entitlements have been
utilized. The employee must apply to the carrier and obtain approval for these benefits.
60
13. LTD benefits provides regular employees with 66.7% of basic monthly earnings (to a
maximum of $4,000 per month, payable to age 65, following the initial period of STD
coverage described above.
14. The cost of this pan will be paid 100% by the Municipality. Each employee who has
completed their probationary period shall be eligible for the program. To be eligible for
LTD benefits, an employee must have a medically determinable physical or mental
impartment that prevents the employee from performing the regular duties of their
position.
STATUTORY LEAVES OF ABSENCES
1. Eligible employees may apply for various types of unpaid leaves of absence in
accordance with the Employment Standards Act (ESA). These include, but are not
limited to:
Pregnancy or Parental Leave
Personal Emergency Leave
Family Medical Leave
Family Caregiver Leave
Domestic or Sexual Violence Leave
Crime Related Death Leave
Child Disappearance Leave
2. While an employee is on a statutory leave, maintenance of employee benefits will be
administered in accordance with the applicable legislation on the following basis:
Benefits plans for pensions, life insurance, accidental death, extended health,
and dental shall continue unless the employee elects in writing not to do so
and/or gives notice in writing that they don’t intend to pay the employees
premium contributions.
3. To learn more about these or additional statutory leaves, please visit the link or talk with
your supervisor: http://www.labour.gov.on.ca/english/es/pubs/brochures/br_leaves.php
61
DRESS, GROOMING AND PERSONAL HYGIENE
1. PURPOSE
Each employee has personal preferences regarding dress, grooming, and personal
hygiene. In order to maintain the professional image of the Municipality, and avoid any
misunderstanding or workplace tension and conflict, this policy sets out certain minimum
standards the Municipality expects for appropriate dress, grooming, and personal hygiene.
2. SCOPE
This policy applies to all employees immediately upon hire.
3. RESPONSIBILITY
Employees are expected to comply with the spirit of this policy and be sensitive to the
concerns and needs of their fellow employees. Supervisors are accountable for ensuring
their staff comply with this policy in spirit. The CAO is available to adjudicate any questions
on dress, grooming, and personal hygiene.
4. POLICY
4.1 This policy intentionally does not set out a detailed list of do's and don'ts, or rules.
Common sense of what is professional and considerate of others should prevail.
4.2 All Municipal employees that work in the office will dress in appropriate "business
casual" attire, as they will be meeting residents, clients, suppliers, and other
stakeholders.
4.3 The following list is consider “not” to be appropriate business attire:
• Ripped or torn clothing
• Sweat pants or work out gear
• Tank tops
• Muscle shirts
• Dresses with spaghetti straps
• Dirty or stained clothing
• Suggestive or offensive attire
4.4 All employees should comply with good habits of grooming and personal hygiene
and wear clothing that is clean and well maintained.
4.5 All Municipal employees that work outside the office will wear attire that is
appropriate for their duties and contacts. Some employees will be required to wear
personal protective clothing such as hard hats, gloves, footwear, vests, etc., under
regulations contained in the Municipalities Health and Safety program.
62
4.6 More formal and conservative attire may be required at Municipal social events,
conferences, trade shows, and education events.
4.7 Some employees are sensitive to strong perfumes, colognes, or other scents, so be
considerate and avoid using.
4.8 On Dress Down Fridays, you may dress more casually; however, you should still
maintain a presentable appearance.
4.9 The interpretation of this policy is subject to Municipal discretion. The Supervisor
will discuss any non-compliance within the spirit of this policy, with the employee,
and ask for a change of behaviour. If there is a second occurrence, the employee
may be sent home to change.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2017–129
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
REGULAR MEETING HELD DECEMBER 21, 2017
WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the
powers of a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council
are to be exercised by by-law;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT 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 December 21, 2017 is
hereby adopted and confirmed as if all proceedings were expressly embodied in
this by-law.
2. THAT the Mayor and Clerk of the Corporation of the Municipality 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 21st DAY
OF DECEMBER, 2017.
____________________________ _____________________________
MAYOR CLERK