The URL can be used to link to this page

Home My WebLink AboutJanuary 21, 2021 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, January 21, 2021 7:00 p.m. 6:45 p.m. Committee of Adjustment The January 21, 2021 Council Meeting will be held virtually via Zoom and livestreamed on YouTube. The Public may watch the Council meeting utilizing the Municipality of Bayham YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg 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 A. Kimberly Earls, Executive Director, SCOR EDE re Future of the Shortline Rail in South Central Ontario 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held December 17, 2020 B. Statutory Planning Meeting held December 17, 2020 re Official Plan Amendment No. 26 Municipality of Bayham C. Statutory Planning Meeting held December 17, 2020 re Zoning Amendment Rob Thompson D. Statutory Planning Meeting held December 17, 2020 re Zoning Amendment Rob Vanwynsberghe E. Special Council Meeting held January 4, 2021 re 2021 – 2022 Operating Budget 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 2021 Council Agenda January 21, 2021 2 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 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Adoption of Official Plan Amendment No. 26 re Municipality of Bayham B. Notice of Passing of Zoning By-law No. Z719-2020 re Rob Thompson, 7254 Bogus Road, Vienna C. Notice of Passing of Zoning By-law No. Z720-2020 re Rob Vanwynsberghe, 55963 Calton Line, Vienna D. Notice of Public Meeting Committee of Adjustment re Minor Variance Application A-15/20 Anthony Guenther, 55879 First Street, Straffordville E. Notice of Public Meeting Committee of Adjustment re Minor Variance Application A-01/21 David & Margaretha Peters, 10460 Peters Court, North Hall 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-01/21 by Bill Knifton, Chief Building Official|Drainage Superintendent re 4th Quarter Report B. Report DS-04/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E-01/21 VanLeeuwen and Best Line Farms Ltd. C. Report DS-05/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E-02/21 Springerhill Farms Inc. D. Report DS-06/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E-06/21 McCord 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Minister of Agriculture, Food and Rural Affairs re Rural Economic Development (RED) Program 2021 Council Agenda January 21, 2021 3 B. Municipality of Bayham re 2021 Budget Approval Infographic C. Municipality of Bayham re 2021 Tree Program Notice D. Region of Peel and Township of Huron Kinloss re Property Tax Exemptions for Veterans Clubs E. Municipality of Charlton and Dack and Township of Larder Lake re Municipal Insurance F. Municipality of West Grey re Schedule 8 of the Provincial Budget Bill 229 G. Long Point Region Conservation Authority Board of Directors minutes of meeting held December 2, 2020 11.1.2 Requiring Action 11.2 Reports to Council 12. BY-LAWS A. By-law No. 2021-002 Being a by-law to stop up and close part of the road allowance known as Creek Road in the Municipality of Bayham, in the County of Elgin, designated as Part 1, 11R-10677 & Parts 1 & 2, 11R-10678 B. By-law No. 2021-003 Being a by-law to convey part of the unopened road allowance known as Creek Road, specifically known as Plan 11R-10165, Parts 1 & 2, Plan 11R-10677, Part 1 and Plan 11R-10678, Parts 1 & 2 of the Municipality of Bayham in the County of Elgin C. By-Law No. 2021-004 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Ramona Peidl for the provision of recycling receptacle services D. By-law No. 2021-005 Being a by-law to adopt a Personnel Policy Manual 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2021-007 Being a by-law to confirm all actions of Council 16. ADJOURNMENT FUTURE OF SHORTLINE RAIL IN THE SOUTH CENTRAL ONTARIO REGION Outline •Background Information •Issues region is currently facing •CN Notice of Discontinuance and Status •Past Shortline Operations & Plans •Opportunity to Encourage Rail Usage and Investment for Economic Development •Industrial Sites Along the Cayuga Line •Potential models of local ownerships/Review of other rail models •Letter of Intent •Business Case Development •Next Steps Background Information •Issues region is currently facing •Strengths –Manufacturing base, Proximity to large population centres/US, Road/Airport/Rail/Port Infrastructure, Population growth, Agricultural Production/Diversity, Climate, etc. •Weakness –Aging infrastructure, Lack of investment in transportation infrastructure (esp. rail, ports and airports), Lack of investment in 21st century infrastructure (connectivity), Climate, etc. Background Information •Issues region is currently facing •Opportunities –Grow Advanced Manufacturing Supercluster, Take Advantage of new/revised trade agreements (USMCA, CETA, TPP), Increase Infrastructure investments (WOWC and local gov’t priorities) •Threats -Pandemic Recovery, Aging workforce, Population growth below GTA levels, Loss of Infrastructure (Rail) Status of CN Discontinuance •CN Notice of Discontinuance •Published circa June 2020 •Response deadline for rail operators of August 24, 2020 •Status Update •Discontinuance process is on hold until 2021 •“Notice to Governments” phase to proceed in Q1 2021 Background Information –Discontinuance Section CAYUGA LINE Past Shortline Rail Operations •Past Users •Future Transfer Co (Univar) •IGPC •International Beams •Wellmaster •Cayuga line rail volumes and operating costs •Estimated volume ~400 –800 carloads per year •Estimated ~ 1 –1.5 million operating costs Opportunity to Encourage Rail Usage and Investment for Economic Development •Discontinuance applies to 27.28 miles of the Cayuga Rail Subdivision from New Sarum to Courtland •Across Elgin, Oxford and Norfolk Counties with Elgin having the largest stretch followed by Norfolk and then Oxford •Through the urban areas of Aylmer and Tillsonburg and terminating in Courtland •Majority of lands travelled through are agricultural, BUT there are significant existing and future industrial lands along the line Industrial Sites along the Cayuga Line ~Total Acreage ~Vacant Acreage Number of Vacant sites ~Occupied Acreage Number of Occupied Sites Norfolk County 305.29 98.8 9 206.49 25 *Delhi 79.44 30.8 8 48.64 13 Courtland 67.11 0 0 67.11 7 Middleton 158.74 68 1 90.74 5 Oxford County 609.71 458.8 8 150.91 10 Elgin County 171.21 95.81 6 75.4 10 Aylmer 155.31 42.79 4 75.4 10 Bayham 53.02 53.02 2 0 0 Total 1149 653.41 23 495.01 49 *Shortline has been officially discontinued •Guelph Junction Railway owns 38.6 kilometres of track that runs from the Guelph Junction near Campbellville, Ontario to Guelph’s northwest industrial park. •GJR is governed by a shareholder declaration (sole shareholder is the City of Guelph) and day to day operations are managed by single fulltime-staff member. •Guelph Junction Railway has 10 customers and provides transloading services to local Guelph businesses. Materials commonly moved on the line include grain, plastics and lumber. Potential Models of Local Ownership -GJR Potential Models of Local Ownership -BCRY •The Barrie Collingwood Railway (BCRY) is owned by the City of Barrie and is currently contracting railway services/operation to CANDO Rail Services •Currently there are four industrial customers who use the BCRY, with average volumes of 220 carloads per year, commodities being transported along the line include bulk clays, chemical, industrial products and oversize structures. •The Brampton-Orangeville shortline rail is a 60-kilometre rail line that lies between Orangeville and Mississauga. 2•The Town of Orangeville is responsible for property taxes along the entire length of the line. •The Orangeville-Brampton Rail Access Group (OBRAG), which comprises the five customers on the line are responsible for track maintenance, upgrades, and compliance to Transport Canada Standards •Trillium (GIO) Railways is currently contracted to OBRAG as the rail operator •Currently the route is estimated to employ 422 employees on a combined payroll of $25 million. Potential Models of Local Ownership -BOSR Industrial Sties along the Cayuga Line Shortline Service Provider •Lead collaborator with SCOR in the Cayuga Rail Subdivision Review Project •Lead development of a business case/feasibility study on the re- start of rail operations on the Cayuga Subdivision •Support or lead applications for funding in partnership with SCOR and private industry Letter of Intent with Shortline Service Provider South-Central Ontario Region EDC •Lead collaborator with shortline service provider and SCOR member counties/municipalities regarding the Cayuga Rail Subdivision Review Project •Responsible for maintaining relationship with shortline service provider and engaging with member municipalities •Providing administrative support and meeting coordination as needed •Act as a liaison with members and business representatives within the SCOR region •Support development of a business case/feasibility study on the re-start of rail operations on the Cayuga Subdivision •Support or lead applications for funding in partnership with members, shortline service provider and private industry Letter of Intent with Shortline Service Provider Town of Tillsonburg •Co-collaborator with shortline service provider and SCOR regarding the Cayuga Rail Subdivision Review Project •Act as a liaison with members and business representatives within the SCOR region •Support development of a business case/feasibility study on the re-start of rail operations on the Cayuga Subdivision •Support or lead applications for funding in partnership with members, shortline service provider and private industry Letter of Intent with Shortline Service Provider Market Development Study •Preliminary efforts underway •Considering options to either do in-house or outsource (with funding) Advocacy •Rural Ontario Municipal Association (ROMA) •Infrastructure Canada •Ministry of Transportation (MTO) Business Case Development •Municipal Funding •Monetary contributions from local municipalities and rail users to support a market development study •Provincial Funding •Rural Economic Development (RED) program •Application being reviewed •Program anticipated to open (Dec 2020) •Once submitted anticipate 90-120 days for review/approval •Other Funding Options •Community Futures Organizations •National Trade Corridor Fund Market Development Study –Funding Next stepsNext Steps •Continued business case development •Continued Engagement with Economic Development Offices through SCOR’s Resource Advisory Group •Bimonthly meetings •Next Meeting February 4th •Formally engage with impacted Counties •Discontinuance process •“Support in principal” •Further business case development •Regional funding application? Next Steps FUTURE OF SHORTLINE RAIL IN THE SOUTH CENTRAL ONTARIO REGION Contact: Kimberly Earls kimberly.earls@scorregion.com THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 17, 2020 7:00 p.m. 7:30 p.m. Public Planning Meeting A. Municipality of Bayham B. Rob Thompson C. Rob Vanwynsberghe PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS STEVE ADAMS 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Report CAO-50/20 by Paul Shipway, CAO|Clerk re 2021 Insurance Renewal added as Item 11.2-A 4. ANNOUNCEMENTS A. Council wishes everyone a very Merry Christmas and a joyous New Year. Mayor Ketchabaw thanked Council and Staff for their work this challenging year and wished them all the best. Mayor Ketchabaw encouraged everyone to ‘stay the course’ with the COVID-19 health protocols and practice physical distancing and wash your hands. Council thanked Paul Shipway CAO/Clerk for all of his contributions to Bayham during his time here and wished him well in his new position. 5. DELEGATIONS None. 2020 Council Minutes December 17, 2020 2 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held December 3, 2020 B. Committee of Adjustment held December 3, 2020 re B. & S. Crevits Farms Ltd. – A-13/20 Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the minutes of the Council Meeting held December 3, 2020 and the Committee of Adjustment held December 3, 2020 be adopted. CARRIED 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 PS-05/20 by Steve Adams, Manager of Public Works re RFP 20-01 Supply and Delivery of One (1) Loader Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report PS-05/20 regarding RFP 20-01 Supply and Delivery of One (1) Loader be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham award RFP 20- 01 in the amount of $198,928.03+HST to Strongco – Volvo Division; AND THAT the Manager of Public Works be delegated authority to surplus the 2006 Case 621D Loader, upon delivery of the 2021 Volvo L60, at or above the reserve bid value of $55,000+HST, in the where is, as is condition via: • direct sale; 2020 Council Minutes December 17, 2020 3 • auction services; AND THAT staff be directed to proceed with Public Works health and safety works as outlined within Report PS-05/20. CARRIED 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Official Plan Amendment – Municipality of Bayham B. Notice of Public Meeting re Proposed Zoning By-law Amendment – Rob Thompson, 7254 Bogus Road, Vienna C. Notice of Public Meeting re Proposed Zoning By-law Amendment – Rob Vanwynsberghe, 55963 Calton Line, Vienna D. Notice of Committee of Adjustment Decision – Brian & Susan Crevits, 57575 Light Line Moved by: Councillor Donnell Seconded by: Councillor Froese THAT correspondence item 10.1.1-A – 10.1.1-D be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-78/20 by Bill Knifton, Chief Building Official|Drainage Superintendent re Reimer Drain Award Contract Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Staff Report DS-78/20 regarding Reimer Drain Award Contract be received for information; AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Drain, as submitted by Froese Excavating Ltd, in the amount of $15,643.00+HST, with work to commence on or before January 4, 2021 and be completed on or before January 6, 2021; AND THAT By-Law 2020-094, being a by-law to authorize the execution of contract documents with Froese Excavating Ltd be presented to Council for enactment CARRIED 2020 Council Minutes December 17, 2020 4 B. Report DS-79/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Thompson Zoning By-law No. Z719-2020 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-79/20 regarding the Thompson rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held December 17, 2020, no public comments were received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the 0.4 ha (1 ac) lot addition lands owned by Robert Thompson located in Part Lot 14 Concession 4 known as 7254 Bogus Rd from site-specific Special Agricultural (A2-12) to Rural Residential (RR) to satisfy condition of Consent E35/20; AND THAT Zoning By-law Z719-2020 be presented to Council for enactment. CARRIED C. Report DS-80/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Vanwynsberghe Zoning By-law No. Z720-2020 Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-80/20 regarding the Vanwynsberghe rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held December 17, 2020, no public comments were received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the 0.1 m2 (1 ft2) lot addition lands owned by Robert Vanwynsberghe located in Part Lot 14 Concession 4 known as 55963 Calton Line from Rural Residential (RR) to Site-specific Special Agricultural (A2-12) to satisfy condition of Consent E36/20; AND THAT Zoning By-law Z720-2020 be presented to Council for enactment. CARRIED 2020 Council Minutes December 17, 2020 5 D. Report DS-81/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Official Plan Amendment – Partial Services in Urban Areas Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-81/20 regarding Official Plan Amendment – Partial Services in Urban Areas be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held December 17, 2020 regarding partial servicing policies in urban areas, there were no written comments but one verbal public submission regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT the proposed amendment is consistent with the Provincial Policy Statement 2020 and the Elgin County Official Plan as outlined in the IBI Group memorandums of September 30, 2020 and December 9, 2020; AND THAT By-law 2020-093, being an adopting By-law for Official Plan Amendment No. 26 regarding partial servicing policies for the Village of Straffordville and Hamlet of Eden in the Municipality of Bayham, be presented for enactment; AND THAT adopted Official Plan Amendment No. 26 be forwarded to the County of Elgin for approval. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Long Point Region Source Protection Authority minutes of virtual meeting held June 3, 2020 B. Long Point Region Conservation Authority Board of Directors minutes of meeting held November 4, 2020 C. Long Point Region Conservation Authority Board of Directors minutes of budget meeting held November 12, 2020 D. Long Point Region Conservation Authority re Bill 229 E. Ontario Farmers Network re Support of Ontario Government’s Budget Act Schedule 6 F. Municipality of Southwest Middlesex re Drainage Matters CN Rail Moved by: Councillor Chilcott Seconded by: Councillor Donnell 2020 Council Minutes December 17, 2020 6 THAT correspondence item 11.1.1-A – 11.1.1-F be received for information. CARRIED 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-50/20 by Paul Shipway, CAO|Clerk re 2021 Insurance Renewal Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-50/20 re 2021 Insurance Renewal be received for information; AND THAT the 2021 Municipal Insurance Program be obtained from Marsh Canada Limited in accordance with the offer to renew dated December 17, 2020, at a total premium of $158,351 plus applicable taxes. AND THAT staff be directed to review insurance coverages and insurance providers in 2021 prior to the 2022 insurance renewal. CARRIED 12. BY-LAWS A. By-law No. 2020-091 Being a by-law to provide for an Interim Tax Levy B. By-law No. 2020-092 Being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2021 C. By-Law No. 2020-093 Being an adopting by-law for Official Plan Amendment No. 26 regarding services in the Village of Straffordville and Hamlet of Eden in the Municipality of Bayham Official Plan (This by-law follows the recommendation in Report DS-81/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of December 17, 2020) D. By-law No. 2020-094 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Froese Excavating Inc. for the provision of drainage works for the Reimer Drain in the Municipality of Bayham pursuant to the provisions of the Drainage Act, Chapter D.17, R.S.O. 1990 as amended (This by-law follows the recommendation in Report DS-78/20 by Bill Knifton, Chief Building Official|Drainage Superintendent during the regular meeting of December 17, 2020) E. By-law No. Z719-2020 Being a by-law to further amend By-law No. Z456-2003 – Thompson (This by-law follows the recommendation in Report DS-79/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of December 17, 2020) F. By-Law No. Z720-2020 Being a by-law to further amend By-law No. Z456-2003- Vanwnsberghe (This by-law follows the recommendation in Report DS-80/20 by 2020 Council Minutes December 17, 2020 7 Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of December 17, 2020) Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT By-law No. 2020-091, 2020-092, 2020-093, 2020-094, Z719-2020 and By-law No. Z720-2020 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. Regular Meeting of Council – January 7, 2021 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Regular Meeting of Council scheduled for January 7, 2021 be cancelled. CARRIED 14.1 In Camera Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an “In Camera” Session at 7:59 p.m. to discuss: • 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; • 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. CARRIED A. Confidential Report regarding 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 (Agreement No. 0632) B. Confidential Report regarding 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 (Grant Funding) 14.2 Out of Camera Moved by: Councillor Donnell Seconded by: Councillor Chilcott 2020 Council Minutes December 17, 2020 8 THAT the Council do now rise from the “In Camera” session at 8:21 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-095 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confirming By-Law No. 2020-095 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:22 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 17, 2020 7:30 p.m. Official Plan Amendment - Municipality of Bayham PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS STEVE ADAMS PUBLIC ATTENDEES: TONY CSINOS 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Official Plan Amendment Application submitted by Municipality of Bayham THE PURPOSE of this Official Plan Amendment is to permit subdivision development in the Village of Straffordville and the Hamlet of Eden on municipal sanitary sewers and private on-site wells, until such time as municipal water services are available. The amendment will also establish the criteria for which development may occur on partially serviced lands. The criteria will include the submission of studies assessing the availability of water quantity and quality sufficient to service the long-term needs of the subdivision; studies assessing the potential impacts of new wells on the water quantity and quality for 2 Statutory Planning Minutes – OPA Bayham December 17, 2020 existing and approved development in the same aquifer, and development agreements for future connection of subdivision lots to a municipal water system. THE EFFECT of this Official Plan Amendment will be to allow subdivision development in the Village of Straffordville and the Hamlet of Eden on municipal sanitary services and private on-site water services. 5. PUBLIC PARTICIPATION Mr. Csinos asked for clarification on the meaning of “partial servicing” and also to ensure that the wording in the Official Plan By-law be clear and specific to the Village of Straffordville and the Hamlet of Eden. M. Underhill, Deputy Clerk/Planning Coordinator, assured Council the Drafted Amendment By-law is specific to Plans of Subdivision development on partial servicing, municipal sanitary sewers and private on-site water, in the Village of Straffordville and the Hamlet of Eden. 6. CORRESPONDENCE Norfolk County Planning Department submitted an email stating that they have no comments and requested notification upon approval. 7. OTHER BUSINESS None 8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Official Plan Amendment be considered at the regular meeting of December 17, 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Official Plan Amendment Application Municipality of Bayham is now complete at 7:38 p.m. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 17, 2020 7:30 p.m. Zoning Amendment - Rob Thompson PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS STEVE ADAMS 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:39 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Zoning Application submitted by Rob Thompson, 7254 Bogus Road THE PURPOSE of this By-law is to change the zoning of a 0.4 ha (1 ac) portion of the lands from a site specific Agricultural (A1-12) Zone to a Rural Residential (RR) Zone, in Zoning By-law Z556-2003. The lands are located on the south side of Calton Line, east of Bogus Road. THE EFFECT of this By-law will be to rezone severed lands consistent with the merged lands, at 55693 Calton Line, to fulfill conditions of Consent E35/20. 2 Statutory Planning Minutes - Zoning December 17, 2020 5. PUBLIC PARTICIPATION None 6. CORRESPONDENCE None 7. OTHER BUSINESS None 8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Zoning By-law be considered at the regular meeting of December 17, 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Rob Thompson is now complete at 7:41 p.m. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 17, 2020 7:30 p.m. Zoning Amendment - Rob Vanwynsberghe PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS STEVE ADAMS 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:42 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Zoning Application submitted by Rob Vanwynsberghe, 55963 Calton Line THE PURPOSE of this By-law is to change the zoning on a 0.1 m (1 ft2) portion of the lands from a Rural Residential (RR) Zone to a site specific Agricultural (A1-12) Zone, in Zoning By-law Z556-2003. The lands are located on the south side of Calton Line, east of Bogus Road. THE EFFECT of this By-law will be to rezone severed lands consistent with the merged lands, at 7254 Bogus Road, to fulfill conditions of Consent E36/20. 2 Statutory Planning Minutes - Zoning December 17, 2020 5. PUBLIC PARTICIPATION None 6. CORRESPONDENCE None 7. OTHER BUSINESS None 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at the regular meeting of December 17, 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Rob Vanwynsberghe is now complete at 7:44 p.m. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL BUDGET MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, January 4, 2021 6:30 p.m. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES FIRE CHIEF|BY-LAW ENFORCEMENT OFFICER HARRY BARANIK MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS STEVE ADAMS 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON THE AGENDA A. PROCEDURAL MOTION Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Section 6.15.1(K) of the Municipality of Bayham Procedural By- law be suspended for the duration of the January 4, 2021 Meeting of Council due to the functional abilities of the electronic meeting platform. A recorded vote was held on the Procedural Motion: Member of Council YES NO Councillor C. Valerie Donnell X Councillor Dan Froese X Councillor Susan Chilcott X Deputy Mayor Rainey Weisler X Mayor Ed Ketchabaw X CARRIED 2021 Council Minutes January 4, 2021 4. 2020 – 2021 DRAFT OPERATING BUDGET A. Report TR-01/21 By Lorne James, Treasurer re 2021-2022 Operating Budget – Draft Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT staff be directed to amend Line 1020-5350 Council Travel from $1,500 to $500. CARRIED Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT staff be directed to reallocate the $100,000 Capital Guarantorship transfer from reserve to the Operating Budget to reduce the notional levy by $100,000. CARRIED Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report TR-01/21 re 2021-2022 Operating Budget - Draft be received for information; AND THAT the 2021 Operating Budget be approved and staff be directed to bring forward the 2021 Tax Rate By-laws. CARRIED 5. ANNOUNCEMENTS None. 6. BY-LAW A. By-law No. 2021-001 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-Law No. 2021-001 be read a first, second and third time and finally passed. CARRIED 7. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott 2021 Council Minutes January 4, 2021 THAT the Council meeting be adjourned at 8:00 p.m. CARRIED MAYOR CLERK Municipality of Bayham PLANNING ACT NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 26 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. 2020-093 on the 17th day of December 2020 in accordance with Section 17 of the PLANNING ACT. THE PURPOSE of the Official Plan Amendment is to permit subdivision development in the Village of Straffordville and the Hamlet of Eden on municipal sanitary sewers and private on-site wells, until such time as municipal water services are available. The amendment will also establish the criteria for which development may occur on partially serviced lands. The criteria will include the submission of studies assessing the availability of water quantity and quality sufficient to service the long-term needs of the subdivision; studies assessing the potential impacts of new wells on the water quantity and quality for existing and approved development in the same aquifer, and development agreements for future connection of subdivision lots to a municipal water system. THE EFFECT of this Official Plan Amendment will be to allow subdivision development in the Village of Straffordville and the Hamlet of Eden on municipal sanitary services and private on-site water services. THE COMPLETE By-law 2020-093 and Official Plan Amendment No. 26 is available for inspection on the Bayham Municipal website: www.bayham.on.ca ANY PERSON or public body is entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority, namely the County of Elgin, County Administration Building, 450 Sunset Drive, St. Thomas, Ontario, Attention: Nancy Pasato. Ph: 519-631-1460 Ext 126 The official plan amendment is not exempt from approval under subsection 17(9) or (10) of the Act. DATED AT THE MUNICIPALITY OF BAYHAM THIS 18TH DAY OF DECEMBER 2020. Margaret Underhill Deputy Clerk / Planning Coordinator Municipality of Bayham P.O. Box 160, 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 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z719-2020 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: R. THOMPSON, 7254 BOGUS RD TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z719-2020 on the 17TH day of December 2020 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeals Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 6th day of January 2021 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning of a 0.4 ha (1 ac) portion of the lands from a site-specific Special Agricultural (A2-12) Zone to a Rural Residential (RR) Zone, in Zoning By- law Z456-2003. The lands are located on the south side of Calton Line, east of Bogus Road. THE EFFECT of this By-law will be to rezone severed lands consistent with the merged lands, at 55693 Calton Line, to fulfill conditions of Consent E35/20. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection upon request. DATED AT THE MUNICIPALITY OF BAYHAM THIS 18th DAY OF DECEMBER 2020. NOTE: For information regarding the fees associated with an appeal to the Local Planning Appeal Tribunal, please see the following link: https://olt.gov.on.ca/tribunals/lpat/lpat-process/fee-chart/ or contact the Municipality. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. 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 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z720-2020 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: R. VANWYNSBERGHE, 55963 CALTON LINE TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z720-2020 on the 17TH day of December 2020 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeals Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 7th day of January 2021 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning of a 0.1 m2 (1 ft2) portion of the lands from a Rural Residential (RR) Zone to a site-specific Special Agricultural (A2-12) Zone, in Zoning By- law Z456-2003. The lands are located on the south side of Calton Line, east of Bogus Road. THE EFFECT of this By-law will be to rezone severed lands consistent with the merged lands, at 7254 Bogus Road, to fulfill conditions of Consent E36/20. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection upon request. DATED AT THE MUNICIPALITY OF BAYHAM THIS 18th DAY OF DECEMBER 2020. NOTE: For information regarding the fees associated with an appeal to the Local Planning Appeal Tribunal, please see the following link: https://olt.gov.on.ca/tribunals/lpat/lpat-process/fee-chart/ or contact the Municipality. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. 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 A-15/20 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: ANTHONY GUENTHER, 55879 FIRST ST, STRAFFORDVILLE TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-15/20). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold an electronic virtual public meeting on Thursday, January 21st, 2021 at 6:45 pm. to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. Please reference the Committee of Adjustment subject Agenda on the municipal website for the electronic meeting link. If you wish to participate in the virtual public meeting, you must register with the Planning Coordinator a minimum 48 hours prior to the meeting. THE PURPOSE of the variance is to permit corner lot side yard setback of 1.78 m (5.57 ft) whereas 4.5 m (14.7 ft) is the permitted minimum, as per Zoning By-law Section 10.9.3; and to permit 34% lot coverage whereas 30% is the permitted maximum, as per Zoning By-law Section 10.6, located at 55879 First Street, south side, west of East Street. THE EFFECT of this variance will be to allow the development of a dwelling upon currently vacant lands with reduced side yard setback and increased lot coverage maximum. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality prior to or at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. DATED at the Municipality of Bayham this 8th day of January 2021. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill@bayham.on.ca W: www.bayham.on.ca A-01/21 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: DAVID AND MARGARETHA FRIESEN, 10460 PETERS COURT, NORTH HALL TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-01/21). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold an electronic virtual public meeting on Thursday, January 21st, 2021 at 6:45 pm to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. Please reference the Committee of Adjustment subject Agenda on the municipal website for the electronic meeting link. If you wish to participate in the virtual public meeting, you must register with the Planning Coordinator a minimum 48 hours prior to the meeting. THE PURPOSE of the variance is to permit accessory building floor area of 139.4 m2 (1,500 ft2) whereas 75 m2 (807 ft2) is the permitted maximum, as per Zoning By-law Section 9.7; and to permit accessory building height of 5.4 m (17.7 ft) whereas 4.5 m (14.7 ft) is the permitted maximum, as per Zoning By-law Section 9.5.1, located at 10460 Peter’s Court, east side, south of Eden Line, in the hamlet of North Hall. THE EFFECT of this variance will be to allow the development of an oversized accessory building for personal storage and the storage of work vehicles and equipment. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality prior to or at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. DATED at the Municipality of Bayham this 8th day of January 2021. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill@bayham.on.ca W: www.bayham.on.ca Ministry of Agriculture, Ministère de l’Agriculture, de Food and Rural Affairs l'Alimentation et des Affaires rurales Office of the Minister Bureau du ministre 77 Grenville Street, 11th Floor 77, rue Grenville, 11e étage Toronto, Ontario M7A 1B3 Toronto (Ontario) M7A 1B3 Tel: 416-326-3074 Tél. : 416 326-3074 www.ontario.ca/OMAFRA www.ontario.ca/MAAARO Good things grow in Ontario Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1G 4Y2 À bonne terre, bons produits Bureau principal du ministère: 1 Stone Road West, Guelph (Ontario) N1G 4Y2 December 15, 2020 Paul Shipway CAO/Clerk Municipality of Bayham pshipway@bayham.on.ca Dear Mr. Shipway: I am pleased to announce the next application intake for the Rural Economic Development (RED) program opened on December 11, 2020 and will be available until February 1, 2021. You can find all program information, including how to apply, on my ministry’s website at ontario.ca/REDprogram. In July 2019, we announced the revitalized RED program. Our updates put the focus on outcome-based projects that will have tangible benefits for Ontario’s rural and Indigenous communities. The updates to the RED program better align with our government’s priorities to remove barriers to investment, open doors to rural economic development and create good jobs across the province. The program has two project categories:  The Strategic Economic Infrastructure stream provides up to 30 per cent in cost- shared funding for minor capital projects that advance economic development and investment opportunities.  The Economic Diversification and Competitiveness stream provides up to 50 per cent in cost-shared funding for projects that remove barriers to business and job growth, attract investment, attract or retain a skilled workforce, strengthen sector and regional partnerships and diversify regional economies. Our government is committed to supporting economic growth in rural communities and ensuring Ontario is open for business. …/2 I encourage you to take advantage of this funding opportunity and submit an application for your economic development project. Together, we can ensure Ontario’s communities thrive. Sincerely, Ernie Hardeman Minister of Agriculture, Food and Rural Affairs COVID-19 Reminders  Practise physical distancing – stay 2 metres away from others in public  Wash your hands – with soap and water thoroughly and often  Get the facts - www.ontario.ca/page/covid-19-stop-spread Ministry of Agriculture, Ministère de l’Agriculture, de Food and Rural Affairs l'Alimentation et des Affaires rurales Office of the Minister Bureau du ministre 77 Grenville Street, 11th Floor 77, rue Grenville, 11e étage Toronto, Ontario M7A 1B3 Toronto (Ontario) M7A 1B3 Tel: 416-326-3074 Tél. : 416 326-3074 www.ontario.ca/OMAFRA www.ontario.ca/MAAARO 15 decémbre 2020 Paul Shipway Directeur Général-Greffier Municipality of Bayham pshipway@bayham.on.ca Monsieur, J'ai le plaisir d'annoncer que la nouvelle période de réception des demandes pour le Programme de développement économique des collectivités rurales (DECOR) a commencé le 11 décembre 2020 et continuera jusqu'au 1er février 2021. Tous les renseignements au sujet du programme, dont la marche à suivre pour présenter une demande, se trouvent au site Web de mon ministère, à l'adresse www.ontario.ca/fr/page/programme-de- developpement-economique-des-collectivites-rurales. Nous avons annoncé, en juillet 2019, la version revitalisée du programme DECOR. Nos mises à jour mettent l'accent sur les projets axés sur les résultats, qui auront des avantages tangibles pour les collectivités rurales et autochtones de l'Ontario. Les mises à jour du programme DECOR sont mieux alignées sur les priorités de notre gouvernement, qui sont d'éliminer les obstacles aux investissements, de favoriser le développement économique rural et de créer de bons emplois dans toute la province. Le programme comprend deux catégories de projets :  Le volet Infrastructure économique stratégique offre une aide à frais partagés représentant jusqu'à 30 p. 100 du coût des petits projets d'immobilisation qui favorisent le développement économique et ouvrent des possibilités d'investissement.  Le volet Diversification économique et compétitivité offre une aide à frais partagés représentant jusqu'à 50 p. 100 du coût des projets qui éliminent des barrières aux affaires et à la création d'emplois, attirent des investissements ou maintiennent une main-d'œuvre qualifiée, renforcent le secteur et les partenariats régionaux, et diversifient les économies régionales. …/2 Notre gouvernement tient à soutenir la croissance économique dans les collectivités et à rendre l'Ontario ouvert aux affaires. Je vous encourage à profiter de cette possibilité d'aide financière et à présenter une demande pour votre projet de développement économique. Ensemble, nous pouvons assurer la prospérité des collectivités de l'Ontario. Veuillez agréer, Monsieur, l'expression de mes sentiments les meilleurs. Le ministre de l'Agriculture, de l'Alimentation et des Affaires rurales, Ernie Hardeman Rappels au sujet de la COVID-19  Exercez la distanciation physique : tenez-vous à au moins deux mètres de distance des autres lorsque vous êtes en public.  Lavez-vous les mains correctement et souvent, avec de l'eau et du savon.  Obtenez les faits : https://www.ontario.ca/fr/page/freinez-la-propagation-de-la- covid-19. Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca 2021 Budget Approval The Council of the Corporation of the Municipality of Bayham approved the 2021 Municipal Budget on January 4, 2021 with a 3.82% Tax Rate increase over 2020. The Notional Value increase of the 2021 budget is 5.07% over 2020. • ‘Tax Rates’ are the rates levied against the assessed value of a property. • ‘Notional Value’ is the total dollars required for the Municipality of Bayham. In 2020, the Municipality of Bayham again was subject to significant building and development growth. This development growth contributed to assessment growth and provided the Municipality an increased assessment base to fund municipal services. What does this mean for the average property owner? As a result of an increased assessment base and depending on MPAC determined assessment phase-in, as follows: 2021 Assessment Municipal Year over Year Levy Increase/(Decrease) Residential $ 250,000.00 $ 1,655.13 $ 61.04 Farm $ 400,000.00 $ 609.09 $ 22.46 Commercial $ 250,000.00 $ 2,710.44 $ 99.96 Industrial $ 250,000.00 $ 3,682.83 $ 135.83 NOTE: Actual taxation impacts do not parallel assessment change because of Ontario’s variable tax rate system. Tax rates vary by property class based on tax ratios, which affect the distribution of the tax levy across property classes. The numbers noted in the above table are for illustration purposes only for a property with unchanged year over year assessment. INFRASTRUCTURE GAP Like most municipalities, Bayham has a significant gap between the amount of funds available each year to maintain its infrastructure and the amount of funds needed to ensure infrastructure remains in a state of good repair. This is further detailed in the Municipality of Bayham Asset Management Plan. In 2021, the Municipality reduced the Capital Levy to accommodate COVID-19 Pandemic related expenses. DID YOU KNOW? The Association of Municipalities of Ontario (AMO) identified that Ontario municipalities receive only 9 cents of every tax dollar raised in Ontario, while the Provincial and Federal governments receive 44 cents and 47 cents respectively. In contrast to this, municipalities own 65% of the capital infrastructure, while the Provincial Government owns 31% of Infrastructure and the Federal Government only 4% The Municipality of Bayham Asset Management Plan recommends increasing revenues by 1.5% each year for the next 20 years solely for the purpose of phasing in full funding to Capital Assets. The Asset Management Plan also recommends increasing existing and future infrastructure budgets by the applicable inflation index on an annual basis. In 2021, the Municipality reduced the Capital Levy to accommodate COVID-19 Pandemic related expenses. The 2021 Budget maintains 2020 service levels while incorporating expenses associated with the COVID-19 Pandemic. The 2021 Budget also works to continue the process of sustainably protecting assets in fair to good condition by extending their useful lives, while also providing for fiscal stability by investing in infrastructure renewal. Service Area Budget Allocation Public Works 24.91% General Government 19.38% Police Services 15.39% Fire Services 8.32% Recycling & Waste Management 6.77% Development Services 1.66% Conservation Authority 1.60% Council 1.53% Parks & Recreation 1.43% Tourism & Marketing 0.78% Vienna Community Centre 0.83% Straffordville Community Centre 0.93% Marine Museum 0.82% By-law Enforcement Services 0.56% Building Services -0.39% Municipal Drains 0.27% Cemeteries 0.24% Municipal Assistance 0.15% Capital Programs 14.82% HIGHLIGHTS OF THE BUDGET INCLUDE: • Sidewalk Replacement Program – Straffordville • Light Line Bridge Rehabilitation • Godby Rd. Bridge Rehabilitation • Mitchell Rd. Surface Treatment • Teal Nevill Rd. Surface Treatment • Murray Rd. Rehabilitation • Public Works Equipment Replacement • Community Banner Program • Fire Equipment Reserve Transfer • Wastewater System Equipment Upgrades The Municipality has also made application to a number of grant programs in order to complete additional projects that will improve infrastructure and quality of place in the Municipality of Bayham. Additional information is available by viewing Budget Report TR-01/21 re Operating Budget through the website on the January 4, 2021 Agenda or the 2021 ‘Approved in Principle’ Budgets under the Finance & Taxes section of the website. For further information please contact: Lorne James, CPA, CA Treasurer Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON Office: (519) 866-5521 Email: ljames@bayham.on.ca Municipality of Bayham Tree Application Program The Council of the Corporation of the Municipality of Bayham is pleased to announce the continuation of the Bayham Tree Application Program. The Council of the Corporation of the Municipality of Bayham has budgeted $3,500 for the Tree Program in 2021. The Tree Program is application based, utilizing a digital application to track applicants, on a first come first serve basis to a maximum of three (3) trees per Bayham property owner until the funding is utilized or April 3, 2021. Successful applicants will be notified via email in late spring about the success of their application. Complete and submit Tree Program Application to apply. Please be advised the program operates as follows: 1. Tree type to be determined by LPRCA subject to availability of native trees. 2. Confirmation of delivery period and a tree planting guide will be provided in the confirmation email in the spring. 3. Delivery will consist of: a. Tree (approx. 4 ft.) b. Brush blanket c. Pins d. Rodent Guard e. 1 stake 4. Application will be contingent upon the Trees being placed wholly on Private Property within two (2) meters from the private/municipal property line. 5. The location of the tree may be inspected after delivery in April or May and any tree improperly planted may require replanting 6. The Applicant will be responsible for planting and maintenance of the subject tree(s). DATED at the Municipality of Bayham this 7th day of January, 2021. Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 Telephone: 519-866-5521 bayham@bayham.on.ca November 26, 2020 The Honourable Rod Phillips Minister of Finance 95 Grosvenor St. Toronto, ON M7A 1Y8 Dear Minister Phillips: Re: Motion Regarding Property Tax Exemptions for Veteran Clubs Each year on November 11th we pause to remember the heroic efforts of Canadians who fought in wars and military conflicts and served in peacekeeping missions around the world to defend our freedoms and secure our peace and prosperity. One way that the Province and Ontario municipalities have recognized veterans and veteran groups is by exempting their properties from property taxation. In late 2018, your government introduced a change to the Assessment Act that exempted Royal Canadian Legion Ontario branches from property taxes effective January 1, 2019. Veterans clubs however were not included under this exemption. While veterans’ clubs in Peel are already exempt from Regional and local property taxes, they still pay the education portion of property taxes. To address this gap, your government has proposed in the 2020 budget bill (Bill 229) to amend the Assessment Act that would provide a full property tax exemption to veterans’ clubs retroactive to January 1, 2019. The Region of Peel thanks you for introducing this change in recognition of our veterans. At its November 12, 2020 meeting, Peel Regional Council approved the attached resolution regarding this exemption and look forward to this change coming into effect as soon as possible after Bill 229 is passed. This would ensure that veteran clubs benefit from the exemption in a timely way. I thank your government for moving quickly to address this gap and for your support of veterans. Kindest personal regards, Nando Iannicca, Regional Chair and CEO CC: Peel-area MPPs Ontario Municipalities Stephen Van Ofwegen, Commissioner of Finance and CFO Resolution Number 2020-939 Whereas each year on November 11, Canadians pause to remember the heroic efforts of Canadian veterans who fought in wars and military conflicts, and served in peacekeeping missions around the world to defend our freedoms and democracy so that we can live in peace and prosperity; And whereas, it is important to appreciate and recognize the achievements and sacrifices of those armed forces veterans who served Canada in times of war, military conflict and peace; And whereas, Section 6.1 of the Assessment Act, R.S.O. 1990, c. A31 as amended, Regional Council may exempt from Regional taxation land that is used and occupied as a memorial home, clubhouse or athletic grounds by persons who served in the armed forces of His or Her Majesty or an ally of His or Her Majesty in any war; And whereas, through By-Law Number 62-2017 Regional Council has provided an exemption from Regional taxation to Royal Canadian Legions and the Army, Navy and Air Force Veterans Clubs that have qualified properties used and occupied as a memorial home, clubhouse or athletic grounds; And whereas, local municipal councils in Peel have provided a similar exemption for local property taxes; And whereas, Royal Canadian Legion branches in Ontario are exempt from all property taxation, including the education portion of property taxes, under Section 3 (1) paragraph 15.1 of the Assessment Act, and that a municipal by- law is not required to provide such an exemption; And whereas, the 2020 Ontario Budget provides for amendments to the Assessment Act to apply the existing property tax exemption for Ontario branches of the Royal Canadian Legion, for 2019 and subsequent tax years, to Ontario units of the Army, Navy and Air Force Veterans in Canada; Therefore, be it resolved, that the Regional Chair write to the Minister of Finance, on behalf of Regional Council, to request that upon passage of the 2020 Ontario Budget, the amendment to the Assessment Act be implemented as soon as possible; And further, that copies of this resolution be sent to Peel-area Members of Provincial Parliament as well as to all Ontario municipalities for consideration and action. The Corporation of the Township of Huron-Kinloss P.O. Box 130 21 Queen St. Ripley, Ontario N0G2R0 Phone: (519) 395-3735 Fax: (519) 395-4107 E-mail: info@huronkinloss.com Website: http://www.huronkinloss.com c.c Ontario Municipalities Lisa Thompson, MPP January 6, 2021 Unit 2, 807 Queen Street Kincardine, ON N2Z 2Y2 lisa.thompsonco@pc.ola.org Dear Lisa Thompson, Please be advised the Council of the Township of Huron-Kinloss at its regular meeting held on December 21, 2020 passed the following resolution; Re: Copy of Resolution #788 Property Tax Exemptions for Veteran Clubs Resolution No.: 788 Moved by: Jeff Elliott Seconded by: Jim Hanna THAT the Township of Huron-Kinloss Council support the Region of Peel in their support for Property Tax Exemptions for Veteran Clubs and the proposed amendment to the 2020 budget bill (Bill 229) to amend the Assessment Act that would provide a full property tax exemption to veterans’ clubs retroactive to January 1, 2019 AND FURTHER directs staff to forward a copy of this resolution to local members of Parliament and all Ontario Municipalities. Carried Sincerely, Kelly Lush Deputy Clerk 287237 Sprucegrove Road Englehart, ON P0J 1H0 January 7th, 2021 The Honourable Doug Ford Premier of Ontario Sent by email: doug.fordco@pc.ola.org RE: MOTION REGARDING - Insurance The following resolution was passed by the Council for the Municipality of Charlton and Dack on December 18th, 2020: WHEREAS the cost of municipal insurance in the Province of Ontario has continued to increase – with especially large increases going into 2021. AND WHEREAS Joint and Several Liability continues to ask property taxpayers to carry the lion’s share of a damage award when a municipality is found at minimum fault; AND WHEREAS these increases are unsustainable and unfair and eat at critical municipal services; AND WHEREAS the Association of Municipalities of Ontario outlined seven recommendations to address insurance issues including: 1. The provincial government adopt a model of full proportionate liability to replace joint and several liability. 2. Implement enhancements to the existing limitations period including the continued applicability of the existing 10 day rule on slip and fall cases given recent judicial interpretations and whether a 1 year limitation period may be beneficial. 3. Implement a cap for economic loss awards. 4. Increase the catastrophic impairment default benefit limit to $2 million and increase the third party liability coverage to $2 million in government regulated automobile insurance plans. 5. Assess and implement additional measures which would support lower premiums or alternatives to the provision of insurance services by other entities such as non profit insurance reciprocals. 6. Compel the insurance industry to supply all necessary financial evidence including premiums, claims and deductible limit changes which support its TEL: (705)-544-7525 FAX: (705)-544-2369 info@charltonanddack.com www.charltonanddack.com 287237 Sprucegrove Road Englehart, ON P0J 1H0 and municipal arguments as to the fiscal impact of joint and several liability. 7. Establish a provincial and municipal working group to consider the above and put forward recommendations to the Attorney General. THEREFORE BE IT RESOLVED THAT the Council for the Municipality of Charlton and Dack call on the Province of Ontario to immediately review these recommendations and to investigate the unethical practice of preferred vendors who are paid substantial amounts over industry standards, despite COVID 19 delays, as insurance premiums will soon be out of reach for many communities. AND FURTHER BE IT RESOLVED THAT this motion be provided to the Honourable Doug Ford, Premier of Ontario, the Honourable Rod Phillips, Minister of Finance, the Honourable Doug Downey, Attorney General of Ontario, the Honourable John Vanthof, MPP for Timiskaming- Cochrane, and all Ontario municipalities. Yours Truly, Dan Thibeault Clerk Treasurer CAO Municipality of Charlton and Dack CC: Honourable Peter Bethlenfalvy, Minister of Finance Honourable Doug Downey, Attorney General of Ontario Honourable John Vanthof, MPP for Timiskaming- Cochrane All Ontario Municipalities January 13, 2021 Corporation of the Municipality of West Grey 402813 Grey Road 4 RR 2 Durham, ON N0G 1R0 519-369-2200 Re: Schedule 8 of the Provincial Budget Bill 229, Protect, Support and Recover from COVID-19 Act WHEREAS the Ontario Government proposes amendments to the Crown Forest Sustainability Act in Schedule 8 of the Provincial Budget Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020; WHEREAS the Crown Forest Sustainability Act applies to almost two thirds of Ontario’s land base which amounts to over 70 million hectares of land that is habitat for many species at risk; WHEREAS Bill 229 schedule 8 amends the Crown Forest Sustainability Act in order to exempt all forestry operations from mandatory consideration of species at risk protection and recovery as mandated by the Endangered Species Act; WHEREAS Bill 229 schedule 8 removes the ability to issue orders in circumstances when there is imminent danger to a species at risk; THEREFORE BE IT RESOLVED THAT West Grey council requests the Province of Ontario repeal schedule 8 of Bill 229 and that a copy of this resolution be forwarded to: Premier Ford Minister Philips, Minister of Finance Minister Yakabuski, Minister of Natural Resources and Forestry Minister Yurek, Minister of the Environment, Conservation and Parks MPP Bill Walker, Bruce-Grey-Owen Sound MPP Ian Arthur, NDP Environment Critic Grey County Council Ontario municipalities Association of Municipalities of Ontario Conservation Ontario Saugeen Valley Conservation Authority Grey Sauble Conservation Authority Respectfully, Genevieve Scharback, Director of Administration / Clerk Municipality of West Grey www.westgrey.com FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting of December 2, 2020 Approved January 13, 2021 Members in attendance: Dave Beres, Robert Chambers, Michael Columbus, Valerie Donnell, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten and Peter Ypma Staff in attendance: Judy Maxwell, Aaron LeDuc, Ben Hodi and Dana McLachlan. Regrets: Kristal Chopp and Ken Hewitt 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, December 2, 2020. Norfolk County has appointed Ian Rabbitts to the LPRCA board for the next two years in place of Roger Geysens. The members welcomed Mr. Rabbitts and asked the Chair to forward their “thanks” to Mr. Geysens for his past service to the Board. 2. Additional Agenda Items A-111/20 Moved by R. Chambers Seconded by J. Scholten That the Board of Directors adds agenda item 11(b) under the Closed Session for a matter being considered relating to “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 Authority”. CARRIED 3. Declaration of Conflicts of Interest None were declared. 4. Deputations There were no deputations. 5. Minutes of the Previous Meeting a) Board of Directors Meeting of November 4, 2020 A-112/20 Moved by J. Scholten Seconded by R. Chambers FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - That the minutes of the Board of Directors Meeting held November 4, 2020 be adopted as circulated. CARRIED b) Board of Directors Budget Meeting of November 12, 2020 A-113/20 Moved by T. Masschaele Seconded by D. Beres That the minutes of the Board of Directors Meeting held November 4, 2020 be adopted as circulated. CARRIED 6. Business Arising There was no business arising. 7. Review of Committee Minutes There were no committee meeting minutes for review. 8. Correspondence There was no correspondence to report. 9. Development Applications a) Staff Approved applications Staff approved 31 applications since the last meeting in November: LPRCA-123/20, LPRCA-162/20, LPRCA-235/20, LPRCA-236/20, LPRCA-237/20, LPRCA-238/20, LPRCA-239/20, LPRCA-240/20, LPRCA-241/20, LPRCA-242/20, LPRCA-243/20, LPRCA-245/20, LPRCA-246/20, LPRCA-247/20, LPRCA-248/20, LPRCA-249/20, LPRCA-250/20, LPRCA-251/20, LPRCA-252/20, LPRCA-253/20, LPRCA-254/20 LPRCA-261/20, LPRCA-262/20, LPRCA-263/20, LPRCA-264/20, LPRCA-265/20, LPRCA-266/20, LPRCA-267/20, LPRCA-268/20, LPRCA-269/20, and LPRCA-271/20. All of the staff approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-114/20 Moved by V. Donnell Seconded by P Ypma FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 3 - That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated November 23, 2020 as information. CARRIED b) New applications The Planning Department staff recommended approval for five applications; three new residential structures, one culvert replacement and one stormwater management outlet. A-115/20 Moved by D. Beres Seconded by T. Masschaele THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of this report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-270/20 LPRCA-275/20 LPRCA-272/20 LPRCA-283/20 LPRCA-273/20 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED 10. New Business a) Proposed Amendments to the Conservation Authorities Act in Bill 229 The General Manager provided a detailed presentation highlighting the history of the Conservation Authorities Act, the proposed amendments as set out in Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020, and an overview of the impact the proposed changes would have on Ontario conservation authorities. There was no public consultation as there is no requirement for public consultation under Section 33 of the Environmental Bill of Rights if the proposal is part of a budget or economic statement that is presented to the Legislative Assembly. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 4 - A-116/20 Moved by R. Chambers Seconded by J. Scholten THAT the LPRCA Board of Directors receive the Proposed Amendments to the Conservation Authorities Act in Bill 229 report as information, And THAT the LPRCA Board of Directors request that the Province of Ontario remove Schedule 6 from Bill 229 until a more thorough analysis of the appropriate solutions can take place, the regulations are created and communicated to address the issue identified through the consultation process, And THAT the LPRCA Board of Directors direct the LPRCA Chair to send a letter expressing the concerns with the report attached to The Premier and the Ministers of Finance, Environment Conservation and Parks, Municipal Affairs and Housing and Natural Resources and Forestry, And THAT the LPRCA Board of Directors direct the General Manager to provide a copy of this report and letter to all watershed member municipalities and watershed MPPs. CARRIED b) Completion of the Lake Erie Flood and Erosion Hazard Mapping Project With support from the National Disaster Mitigation Program (NDMP),approximately 70 kms of the Lake Erie shoreline flood, erosion, and dynamic beach mapping was updated. The existing information was originally compiled in 1989. The project was undertaken in collaboration with Norfolk County. Consultation with the public and stakeholder groups was completed as part of the project. B. Hodi provided an overview of the project, and reviewed the key deliverables and highlights of the project. Key deliverables included a slope stability analysis, updated flood and erosion hazard information/mapping, and an updated Risk Assessment along the entire Lake Erie shoreline in Norfolk County. This was a technical project with no changes to existing policy. The project’s deliverables will support development applications under the Planning Act, Norfolk County’s Official Plan and Zoning Bylaw, updating LPRCA regulation mapping, and its Section 28 permit process. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 5 - A-117/20 Moved by P. Ypma Seconded by I. Rabbitts THAT the Norfolk County Lake Erie Hazard Mapping and Risk Assessment completed by W.F. Baird & Associates Coastal Engineers be approved for use in the administration of the Long Point Region Conservation Authority’s Section 28 regulation (Ontario Regulation 178/06) and with matters under the Planning Act in the Long Point watershed. AND THAT amendments to Long Point Region Conservation Authority’s Ontario Regulation 178/06 mapping be made to incorporate the revisions to the natural hazards and allowances. CARRIED c) Lake Erie Flood Damage Reduction Project Staff has applied for the final round of funding to the National Disaster Mitigation Program (NDMP) to undertake a Lake Erie Flood Damage Reduction Project. This project builds upon the recent Flood and Erosion Hazard Mapping projects and will be a collaborative effort with Haldimand County and Norfolk County staff. The project is a technical study and consists of determining the coastal design parameters that will be used by structural engineers for floodproofing. The goal is to reduce the need and expense for a coastal engineer in most situations, thereby, saving time and money for landowners while reducing flood risk to life and property. A-118/20 Moved by R. Chambers Seconded by J. Scholten THAT LPRCA Board of Directors supports the Lake Erie Flood Damage Reduction Project application to the National Disaster Mitigation Program for funding AND THAT LPRCA Board of Directors approves the use of capital levy reserves for 50% or $20,000 of the project total costs of $40,000. CARRIED d) Norfolk County Two-Zone Flood Concept Project Staff has applied to the National Disaster Mitigation Program (NDMP) to undertake the Port Dover and Simcoe Two-Zone Flood Concept. This project builds upon the recent FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 6 - Riverine Floodplain Mapping project and will be a collaborative effort with Norfolk County. The project consists of determining the floodway (the area of greatest depth and velocity of flood waters) and flood fringe areas (the outer portion of the floodplain) within Port Dover and Simcoe. The goal of the project is to determine areas that have the greatest risk to life and property from flooding. A-119/20 Moved by P. Ypma Seconded by D. Beres THAT LPRCA Board of Directors supports the Port Dover and Simcoe Two-Zone Flood application to the National Disaster Mitigation Program for funding, And THAT a letter be sent to Norfolk County Council requesting support for the project and consideration of its share of the matching funds of $75,000 for 2021-2022. CARRIED e) November 15, 2020 Flood Event Report The Manager of Watershed Services reviewed the latest high wind/surge event that occurred November 15th. This event created a surge level greater than the event on October 31st, and was second only to the December 2, 1985 storm. Flooding and damage was reported within Port Dover, Turkey Point, Long Point, and along the Haldimand County shoreline. LPRCA staff notified the municipal flood coordinators of the possibility of flooding four days prior to the event. A Flood Watch was issued the morning of November 14th and a Flood Warning was issued the morning of November 15th as flooding was expected in the afternoon. LPRCA staff continued to provide hourly updates until 10:00 PM November 15th. The November 15th event produced flood levels that have a 10% probability of occurring in any given year. A-120/20 Moved by P. Ypma Seconded by S. Patterson That the LPRCA Board of Directors receives the November 15, 2020 Lake Erie Flood Event report as information. CARRIED f) Website Redesign The current site was designed and launched in 2011 and no longer meets the needs of the organization. The new site will be on the WordPress platform and will be mobile FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 7 - friendly, searchable and will meet the requirements of the Accessibility for Ontarians with Disabilities Act (AODA). A-121/20 Moved by J. Scholten Seconded by R. Chambers That the LPRCA Board of Directors receives the Website Redesign report as information. CARRIED g) Accessibility Policy The current Accessibility Policy was approved by the Board in December, 2011 and has now been reformatted and updated to include information on a multi-year accessibility plan, training and other requirements as set out in the Accessibility for Ontarians with Disabilities Act (AODA). A-122/20 Moved by V. Donnell Seconded by S. Patterson THAT the LPRCA Board of Directors repeals the Long Point Region Conservation Authority Accessible Customer Service Policy A-192 approved December 7, 2011: And THAT the LPRCA Board of Directors approves the Accessibility Policy as presented. CARRIED h) Multi-year Accessibility Plan The 2020-2024 Multi-year Accessibility Plan outlines the actions taken and will continue to take to identify, remove and prevent barriers for everyone. This is a continuous commitment to improve access to facilities and services to provide equal treatment to people with disabilities with respect to the use and benefit of LPRCA services, facilities and programs. A-123/20 Moved by R. Chambers Seconded by T. Masschaele That the LPRCA Board of Directors approves the LPRCA Multi-Year Accessibility Plan 2020-2024 as presented. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 8 - i) Privacy Policy The current LPRCA Privacy Policy was adopted in 2015 and was included with the Personnel Policy. The policy has been reformatted, updated and is now a stand-alone policy that complies with the Municipal Freedom of Information and Protection Privacy Act. Section 4, Website Privacy and Terms of Use has been added to the Privacy Policy. Section 4 explains the Authority’s commitment to protecting users’ privacy. A-124/20 Moved by P. Ypma Seconded by T. Masschaele THAT the LPRCA Board of Directors remove Section 33 from the Long Point Region Conservation Authority Personnel Policy; And THAT the LPRCA Board of Directors approves the Privacy Policy as presented. CARRIED j) General Manager’s Report The GM reported that a lot of time has been spent on Bill 229 and Schedule 6 research. After the November 12th budget meeting, the 2021 LPRCA Draft Budget was circulated to the member municipalities for a 30-day comment period. A presentation was provided to Oxford County during their virtual meeting on November 18th and Norwich County has requested a presentation at their December 8th council meeting. A-125/20 Moved by S. Patterson Seconded by V. Donnell That the LPRCA Board of Directors receives the General Manager’s Report for November 2020 as information. CARRIED k) 2021 Committee Appointments Committees will be appointed at the January 13, 2021 meeting after the Chair and Vice- Chair elections. Member appointments are required for the Land Acquisition, Lee Brown Marsh Management, Audit and Finance, and Backus Museum committees. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 9 - A-126/20 Moved by I. Rabbitts Seconded by P. Ypma That the LPRCA Board of Directors receives the 2021 LPRCA Committee Appointments Report as information. CARRIED l) 2021 Meeting Schedule The monthly board meetings continue to be held the first Wednesday of each month with the following exceptions: the January meeting will be held the second Wednesday of the month and no meeting is scheduled for March or August. The Annual General Meeting will be held March 5th, and the 2021 LPRCA Budget meeting is scheduled for November 10, 2021. A-127/20 Moved by D. Beres Seconded by P. Ypma That the LPRCA Board of Directors approves the proposed 2021 meeting schedule. CARRIED m) Christmas Season Staff Appreciation As in the past, senior staff requested approval to present LPRCA staff with a gift card in appreciation of their work throughout the year and to mark the Christmas season. The expense was incorporated into the 2020 budget. A-128/20 Moved by P. Ypma Seconded by S. Patterson That the LPRCA Board of Directors authorizes the General Manager to purchase gift cards for staff in appreciation for their efforts. CARRIED 11. Closed Session A-129/20 Moved by V. Donnell Seconded by D. Beres That the LPRCA Board of Directors does now enter into a closed session to discuss: FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 10 -  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 Authority. CARRIED A-130/20 Moved by P. Ypma Seconded by I. Rabbitts That the LPRCA Board of Directors does now adjourn from the closed session. CARRIED 12. Adjournment The Chair adjourned the meeting at 9:50 p.m. Michael Columbus Dana McLachlan Chair Administrative Assistant THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2021-002 BEING A BY-LAW TO STOP UP AND CLOSE PART OF THE ROAD ALLOWANCE KNOWN AS CREEK ROAD IN THE MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN, DESIGNATED AS PART 1 11R10677 & PARTS 1 & 2 11R10678 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND WHEREAS Section 8 of the said Municipal Act provides that a municipality has 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 previously directed the closure of Creek Road with By-law No. 2002-064 which lacked an appropriate legal description for registration purposes. AND WHEREAS the Council of the Corporation of the Municipality of Bayham previously directed the closure of Creek Road with By-law No. 2017-043; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law that portion of the road allowance known as Creek Road, Registered Part 1 11R10677 & Parts 1 & 2 11R10678 Municipality of Bayham, in the County of Elgin is hereby stopped up and closed; 2. THAT this by-law shall take effect upon the date of its registration in the Land Titles Division for the County of Elgin (No. 11); 3. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary, upon registration of this By-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 21st day of JANUARY 2021. ________________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2021-003 BEING A BY-LAW TO CONVEY PART OF THE UNOPENED ROAD ALLOWANCE KNOWN AS CREEK ROAD, SPECIFICALLY KNOWN AS PLAN 11R-10165, PARTS 1 & 2, PLAN 11R-10677, PART 1 AND PLAN 11R-10678 PARTS 1 & 2 OF THE MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND WHEREAS Section 8 of the said Municipal Act provides that a municipality has 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 Municipality of Bayham passed By-law 2017-043, closing Parts 1 & 2 on 11R10165; AND WHEREAS the Municipality of Bayham passed By-law 2021-002, closing Part 1 11R10677 & Parts 1 & 2 11R10678 THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law and full payment of applicable fees by the proponents, that the portion of the unopened road allowances known as Creek Road, specifically known as Plan 11R-10165, Parts 1 & 2, Plan 11R-10677, PART 1 and Plan 11R-10678 Parts 1 & 2 of the Municipality of Bayham, in the County of Elgin, is hereby conveyed, in the as is, where is condition, as follows: a. Plan 11R-10165 Part 2 and Plan 11R-1-678, Parts 1 & 2 to 1498855 Ontario Inc. b. Plan 11R-10165 Part 1 and Plan 11R-10677, Part 1 to Rob Thompson & Donna Sykes 2. THAT this by-law shall take effect upon the date of its registration in the Land Titles Division for the County of Elgin (No. 11). 3. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary, upon registration of this By-law. READ A FIRST, SECOND, THIRD TIME AND FINALLY PASSED TIME this 21st day of JANUARY 2021. ________________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2021-004 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND RAMONA PEIDL FOR PROVISION OF RECYCLING RECEPTACLE SERVICES WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for the provision of recycling receptacle services in the Municipality of Bayham; 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 the Municipality of Bayham and Ramona Peidl for the provision of recycling receptacle services; 2. THAT By-Law No. 2017-101 is hereby repealed; 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 JANUARY 2021. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2021-005 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 By-Law No. 2019-098 is hereby repealed in its entirety; 3. THAT this by-law shall take force and effect January 21, 2021. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JANUARY 2021. ____________________________ _____________________________ MAYOR CLERK MUNICIPALITY OF BAYHAM PERSONNEL POLICY MANUAL 2 PART ONE: INTRODUCTION 3 SECTION 1 – ABOUT THIS M ANUAL 1.1 The Municipality of Bayham is referred to as the Municipality throughout this handbook. All the policies in this manual apply to all employees of the Municipality (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 (has provisions). 1.2 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. 1.3 If there is a conflict between a policy and an applicable government statute, the statute prevails. 1.4 This manual does not constitute an employment agreement, nor does it confer any special rights or guarantee of continued employment. 1.5 This manual 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 manual. If you have an issue not addressed in this manual, please talk to your supervisor or the CAO|Clerk. 1.6 The Municipality has taken great care in preparing this manual but realizes that errors and omissions do occur. If you find any spelling, grammatical or other mistakes, please report these to the CAO|Clerk. 1.7 All employees are required to be aware of and comply with applicable policies contained in this manual. 1.8 Failure to comply with policies in this manual could result in disciplinary action, as outlined in the Progressive and Corrective Discipline Policy. 1.9 If you are unsure of the application of any policy in this manual, please contact the CAO|Clerk for clarification. 1.10 All employees will be given access to a digital copy of this manual 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. 1.11 It is the practice of the Municipality to ask all employees to sign an acknowledgement each year in which changes occur. 4 SECTION 2 – ACKNOWL EDGEM ENT FORM 2.1 I have received a copy of the Municipality of Bayham Personnel Policy Manual and I have read and understood the information. 2.2 Management has answered questions to my satisfaction. I understand that, while an employee of the Municipality of Bayham, I am bound to abide by all policies and procedures set forth in this manual. 2.3 I understand that failure to comply with the policies and procedures set out in this manual may lead to disciplinary action. 2.4 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. 2.5 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 Personnel Policy Manual. __________________ _________________ _______________ Name Signature Date 5 PART TWO: EMPLOYEE CONDUCT & GUIDELINES 6 SECTION 1 – EQUAL OPPORTUNITY EMPLOYER 1.1 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. 1.2 The Municipality is committed to providing an environment that demonstrates and encourages a fundamental respect for individuals, their rights and their dignity. 1.3 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. SECTION 2 – RECRUITMENT & SELECTION 2.1 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. 2.2 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. 2.3 The Municipality will follow the following process to fill open positions: 2.3.1 Approval of hire by Council; 2.3.2 Update job description; 2.3.3 Review and finalize pay and benefits for vacant position; 2.3.4 Determine best recruitment channels and implement; 2.3.5 Screen applications, using phone screening, e-mail questions and other screening methods as appropriate; 2.3.6 Conduct first interview; 2.3.7 Conduct second interview, if required; 2.3.8 Prove credentials, as appropriate; 2.3.9 Prove eligibility for employment; 2.3.10 Perform employment testing as appropriate; 2.3.11 Perform background checks including: criminal record, driving record, credit check (as appropriate for position). The candidate must agree in writing to all background checks; 2.3.12 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; 7 2.3.13 Present the successful candidate with a written offer of employment, which outlines all the terms and conditions of employment of the job; 2.3.14 Get offer signed before start date. 2.4 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 (SIN), 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. 2.5 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. SECTION 3 – EMPLOYMENT AGREEM ENT S 3.1 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. 3.2 All offers of employment must be signed before starting, will typically include the following in writing, as applicable: 3.2.1 Position title; 3.2.2 Employment classification; 3.2.3 Working location; 3.2.4 Job duties (attach job description); 3.2.5 Reports to; 3.2.6 Start date; 3.2.7 Normal hours of work; 3.2.8 Probationary period; 3.2.9 Eligibility to work in Canada; 3.2.10 Starting pay step; 3.2.11 Starting pay; 3.2.12 Payroll deductions; 3.2.13 Eligibility for overtime; 3.2.14 Eligibility for benefits; 3.2.15 Vacation; 3.2.16 Requirement for driver’s license; 3.2.17 Right to layoff; 3.2.18 Policy manual acknowledgement. Employees are required to sign an acknowledgement of receipt and compliance before starting. Any questions will be answered before starting; 3.2.19 Right to use discipline and suspension without pay; 8 3.2.20 Termination of employment. 3.3 Reference individual policies for more details. 3.4 There may be a need for additional terms of employment, depending on the position. SECTION 4 – PROBATIONARY PERIOD 4.1 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. 4.2 The purpose of probationary employment is to determine employee’s skill in performing their duties and ability to adjust to the working environment. It is intended to assist the employees to identify strengths and gaps in their job performance and to develop corrective strategies if necessary. 4.3 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. 4.4 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. 4.5 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. SECTION 5 – EMPLOYEE CLASSIFICATIONS 5.1 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. 5.2 Payroll: 5.2.1 Hourly; 5.2.2 Salary. 5.3 Employment: 5.3.1 Permanent full-time is an employee whose regular scheduled work week is at least twenty-four (24) hours per week; 9 5.3.2 Permanent part-time is an employee whose regular scheduled work week is less than twenty-four (24) hours per week; 5.3.3 Seasonal is an employee hired for a particular season with definite start and end dates; 5.3.4 Casual is an employee that is called in on an as needed basis; 5.3.5 Student is an employee who is currently enrolled in a recognized educational institution. A student may work on a part-time or seasonal basis; 5.3.6 Contract is an employee who is hired for a specific project for a specified length of time; 5.3.7 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; 5.3.8 Probation is an employee who has not completed their probationary period. SECTION 6 – PERFORMANCE EVALUATIONS 6.1 The Municipality is committed to providing full and part time employees with feedback and development opportunities on job performance goals and objectives. 6.2 The employee’s supervisor will evaluate the employee’s job performance prior to completion of the probationary period and annually thereafter in the designated month. 6.3 The purpose of the Performance Evaluations is to: 6.3.1 Establish whether a probationary employee meets the performance standards required to successfully complete their probation; 6.3.2 Focus maximum attention on the achievement of the employees assigned duties as listed in their job description; 6.3.3 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; 6.3.4 Challenge the employee to continually improve their performance and personal effectiveness; 6.3.5 Involve the employee in planning and implementation of their job related goals and objectives; 6.3.6 Objectively relate placement on the approved salary grid to performance. 6.4 Performance evaluations are retained in the employee file and available upon request. SECTION 7 – CONFIDENTIALITY 7.1 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. 7.2 Confidential information may include, but is not limited to: compensation data, personal employee information, taxpayer and user accounts, collection rolls, contracts, drawings, 10 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. 7.3 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. 7.4 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. 7.5 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. 7.6 Employees are not to disclose or discuss such confidential information in public places or with members of their families. 7.7 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. SECTION 8 – PRIVACY, PERSONAL INFORMATION & PERSONAL RECORDS 8.1 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. 8.2 All employees are expected to keep their own personal information confidential. 8.3 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. 8.4 The CAO|Clerk and Treasurer are accountable to obtain proper written consents before releasing any personal information of employees. 11 8.5 The CAO|Clerk is responsible for the municipal compliance with the applicable privacy statutes, including the Municipal Freedom of Information and Protection of Privacy Act. 8.6 The CAO|Clerk will ensure there are systems and training in place, to safeguard personal information of all employees, customers, and other stakeholders. 8.7 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. 8.8 The Municipality maintains one central personnel file for each employee containing all the above information. 8.9 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. 8.10 All employee personal information will be kept confidential and used only for employment, payroll, and benefits purposes. 8.11 At termination, personnel files are maintained for seven years and then disposed of in a secure manner. 8.12 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. 8.13 An employee may review their personnel file by making an appointment with the CAO|Clerk. SECTION 9 – CONFLICT OF INTEREST 9.1 Employees of the Municipality are expected to conduct themselves with personal integrity, ethics, honesty and diligence in performing their duties for the Municipality. 9.2 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. 12 9.3 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. 9.4 Employees who knowingly have financial interests in a Municipality contract, sale or other business transaction, or have family members, friends or business associates with such interests, must not represent or advise the Municipality in such transactions, or benefit from such conflict. 9.5 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. 9.6 The Municipality is 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. 9.7 For purpose of this policy, a relative is defined as: 9.7.1 Spouse; 9.7.2 Common-law spouse; 9.7.3 Child/Step-Child; 9.7.4 Brother/Brother-in-law; 9.7.5 Sister/Sister-in-law; 9.7.6 Mother/Mother-in-law; 9.7.7 Father/Father-in-law; 9.7.8 Common-law mother/father; 9.7.9 Spouse’s mother/father; 9.7.10 Spouse’s Common-law mother/father; 9.7.11 Grandparents/Spouse’s Grandparents; 9.7.12 Aunt-Uncle/Spouse’s Aunt/Uncle; 9.8 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 13 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 is to be transferred. If the decision is not made within thirty (30) calendar days, management will decide. 9.9 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. 9.10 An employee may hold a job with another organization as long as they satisfactorily performs their 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. 9.11 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. 9.12 When an employee reports a conflict of interest to their 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, they should report this in writing directly to the CAO|Clerk. SECTION 10 – PARTICIPATION ON COMMITTEES 10.1 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. 10.2 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. 10.3 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. 10.4 Employees should refrain from direct involvement in a local government political campaign in the Municipality. Employees may be involved in provincial, federal or other 14 local Municipal campaigns as long as this involvement does not affect the objectivity with which they must discharge their duties. SECTION 11 – PROGRESSIV E & CORRECTIVE DISCIPLINE 11.1 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: 11.1.1 To provide employees with advance warning that certain actions and/or behaviours are inappropriate and that a positive change is necessary; 11.1.2 To ensure fair and consistent corrective action for all employees; 11.1.3 To provide written documentation of behavioural or performance issues and the corresponding action that was taken; 11.1.4 To inform the employees of consequences of unacceptable behaviour before it happens; 11.1.5 It is expected that the need for disciplinary action will be minimal. 11.2 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. 11.3 The nature of the circumstance will dictate the level of disciplinary action taken 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: 11.3.1 Informal Discussion: Casual, private discussion between the supervisor and the employee will result when specific deficiencies in work conduct are noticed. The 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. 11.3.2 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. 11.3.3 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 15 employee sign. One copy is given to the employee and one goes to the employee’s personnel file. 11.3.4 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. 11.3.5 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. SECTION 12 – CONFLICT/PROBL EM RESOLUTION 12.1 The Municipality is committed to providing a workplace free of conflict, where all employees are treated with fairness, dignity and respect. This policy is intended to provide employees with a process to raise unresolved conflicts or problems related to their employment at the Municipality, in order to facilitate a fair & prompt resolution. Problems need to be resolved promptly so they don’t fester. Ideally an Employee should start using this resolution process no later than 14 days after any incident. An employee should not fear discrimination or reprisal in the workplace, as a result of using this policy. 12.2 The following are the type of conflicts and problems that could arise and require the use of this policy. Note: possible incidents of discrimination, harassment or violence must be addressed through the Workplace Discrimination, Harassment and Violence Procedure. 12.2.1 Unresolved disputes with co-workers or supervisors; 12.2.2 Perceived unfair or inequitable treatment; 12.2.3 Abuse of authority; 12.2.4 Inconsistent or improper application of municipal policies; 12.2.5 Other matters that make a Municipal employee consistently uncomfortable. 12.3 Often workplace conflicts may arise as a result of someone having a bad day for various personal reasons. Also differing personalities and differing behavioral traits can lead to misunderstandings. Employees need to work with each other in an open, constructive, understanding and supportive manner to avoid blowing a minor infrequent disagreement out of proportion. 12.4 Employees encountering an unresolved significant issue should follow the steps listed below in the order presented. All details of an issue must be kept confidential by all parties involved to maximize the likelihood of a fair resolution. 12.4.1 Employees are encouraged to try to resolve all issues with the other staff member in a confidential, calm and professional manner. 16 12.4.2 If Section 12.4.1 is unsuccessful, the staff member should discuss the matter with their immediate supervisor and get them to assist with a resolution. 12.4.3 If Section 12.4.2 is unsuccessful or inappropriate the staff member can then escalate the matter to the CAO|Clerk by making a formal complaint. The CAO|Clerk will then ask for details of the formal complaint in writing from the employee making the complaint and conduct an appropriate thorough proper investigation possibly involving witnesses. If the matter is serious enough, a qualified independent third party may be required to assist to advise on the appropriate steps for the investigation or actually to perform the investigation. 12.4.4 If Section 12.4.3 is unsuccessful or inappropriate the staff member can inform the CAO|Clerk of their intention to escalate the matter to the Mayor by making a formal complaint. Escalating any workplace matter to the Mayor should be a rare occurrence and only done as a last resort with serious incidents. The employee should not approach any other member of Council or staff member concerning a complaint. 12.4.5 If the Mayor is asked to get involved with a workplace issue, they will first consult with the CAO|Clerk to ensure the employee has followed this policy properly and the matter requires the Mayor’s attention. 12.4.6 If it is determined that the Mayor should get involved, the Mayor will then ask for details of the formal complaint in writing from the employee making the complaint and conduct an appropriate thorough proper investigation possibly involving witnesses. If the matter is serious enough, a qualified independent third party may be required to assist to advise on the appropriate steps for the investigation or actually to perform the investigation. 12.4.7 The Mayor with the assistance of CAO|Clerk as appropriate, will investigate and attempt to resolve the issue to the satisfaction of all concerned. 12.4.8 It may be necessary to invocate other Municipality policies such as the Progressive & Corrective Discipline Policy. 12.4.9 Once the investigation is complete, the Mayor and/or CAO|Clerk as appropriate, will inform the parties involved as to the resolution of the formal complaint. The Employee making the complaint and other parties involved are not entitled to copies of any related report, investigation or the exact details of the outcome. This is to ensure confidentiality is maintained. 12.5 The Municipality will document the use of this policy any accompanying documentation, and findings in the personnel files of those involved. 12.6 Employees should be cognizant of the fact that a formal complaint against another employee is a serious allegation with repercussions. 17 12.7 If 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. SECTION 13 – GIFTS, GRATUITIES & M ONETARY BENEFITS 13.1 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; 13.2 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 13.1: 13.2.1 gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibilities of employment; 13.2.2 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; 13.2.3 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; 13.2.4 communications to the Municipality including subscriptions to newspapers and periodicals; 13.2.5 compensation authorized by law; 13.2.6 services provided without compensation by persons volunteering their time; 13.2.7 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; 13.3 Within 30 days of receipt of any gift described in Section 13.2, 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: 13.3.1 the nature of the gift; 13.3.2 its source and date of receipt; 13.3.3 the circumstances under which it was received; and 13.3.4 its estimated value. 13.4 Every disclosure statement to the CAO|Clerk or Mayor for the CAO|Clerk shall be a matter of public record. 18 13.5 The CAO|Clerk or Mayor shall report to Council annually on all gifts received by Members that are disclosed in accordance with Section 13.2, if any. 13.6 The CAO|Clerk or Mayor shall examine every disclosure statement filed with them to ascertain whether the receipt of the gift might in their opinion create a conflict between a private interest and the public duties of the Employee. 13.7 If the CAO|Clerk or Mayor makes a preliminary determination of a conflict the Member shall be asked to justify receipt of the gift 13.8 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. SECTION 14 – DISCRIMINATION & HARASSMENT IN THE WORKPLACE 14.1 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 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. 14.2 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. 14.3 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. 14.4 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 their employees may be subject to discipline up to and including dismissal. 14.5 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 19 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. 14.6 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. 14.6.1 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. 14.7 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. 14.8 Psychological harassment is bullying or humiliating behaviour that has the following components: 14.8.1 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, 14.8.2 Hostile, abusive or inappropriate, 14.8.3 Affects the recipient’s dignity or psychological integrity, 14.8.4 Results in a poisoned work environment 14.9 Not all conflict at work constitutes bullying or psychological harassment and it should not be confused with legitimate management actions or normal human conflict. 14.9.1 Appropriate direction, evaluation or discipline by a supervisor; 14.9.2 Stress associated with the performance of job duties; 14.9.3 Friendly teasing or bantering that is mutually acceptable; and 14.9.4 Friendly or romantic behavior that is welcome and mutual. 14.10 There are three ways in which a person might suffer discrimination: 14.10.1 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. 14.10.2 Indirectly: where a person causes another person to act on their behalf and discriminates against a person because of their membership in a group of 20 persons who are identified by a prohibited ground under the Human Rights Code. 14.10.3 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. 14.11 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. 14.12 Hiring, performance/salary reviews, discipline, transfer, promotion, termination and other career decisions must be based solely on work criteria. 14.13 An employee who believes they are being harassed should: 14.13.1 Make it known that the action is unwelcome and will be reported unless it is stopped immediately. 14.13.2 Keep a written record of dates, times, and nature of behaviour and witnesses, if any. 14.13.3 If the harassment continues, speak to an uninvolved supervisor and confirm the complaint in writing to the uninvolved supervisor and/or CAO|Clerk. 14.13.4 Employees should note that failure to keep a diary of the event may invalidate the complaint but a record will, however, reinforce it. 14.14 Management has the responsibility to respond immediately to complaints of harassment in accordance with the following steps: 14.14.1 Inform the complainant that an investigation is being conducted, 14.14.2 Interview both parties as soon as possible, 14.14.3 Interview any witnesses, 14.14.4 Interview past and present employees, if necessary, to determine if harassment has occurred, 14.14.5 Warn all parties that all interviews and information must be kept confidential, 14.14.6 Consult the Human Rights Commission, if necessary, before responding to the complaint, 14.14.7 Render the decision and discuss the findings with the alleged harasser. 14.15 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. 14.16 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. 21 14.17 If you believe that the complaint is unfounded and/or made in bad faith, discuss the matter with your supervisor. 14.18 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. 14.19 If any event, document your version of the alleged incident, including times, place and witnesses. SECTION 15 – VIOLENCE IN THE WORKPLACE 15.1 The Municipality is committed to prevention of workplace violence and is ultimately responsible for worker health and safety. The Municipality will take whatever steps are reasonable to protect workers of the Municipality from workplace violence. 15.2 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. 15.3 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: 15.3.1 attempt to exercise physical force against a worker in a workplace, that could cause injury to the worker; and a 15.3.2 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. 15.4 The following list of behaviours, while not exhaustive, provides examples of conduct that is prohibited: 15.4.1 Threatening behaviour – shaking fists, destroying property, or throwing objects 15.4.2 Property damage – theft, destroying property, vandalism, sabotage of equipment, or arson 15.4.3 Verbal or written threats – any expression of intent to inflict harm 15.4.4 Bullying and intimidation 15.4.5 Verbal abuse – swearing, insults or threatening language 15.4.6 Psychological trauma – includes stalking 15.4.7 Physical attacks or assaults – hitting, shoving, pushing or kicking 15.4.8 Murder 15.4.9 Sexual Assault 22 15.5 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. 15.6 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. 15.7 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. 15.8 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. 15.9 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): 15.9.1 Threatening statements to do harm to self or others 15.9.2 References to other incidents of violence 15.9.3 Intimidating behaviour such as insubordination, open defiance, pestering or confrontational behaviour 15.9.4 History of violent, reckless, or anti-social behaviour 15.9.5 Recent marked decline in performance 15.9.6 Major change in personality, mood, behaviour, or standards of personal grooming 15.9.7 Obsessions with persons or things, particularly weapons 15.9.8 Experiencing what appears to be serious stress in personal life 15.9.9 Substance abuse 15.10 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. 23 15.11 If you are the victim of, or are a witness to, a violent incident in the workplace, contact your immediate supervisor, or dial 911. 15.12 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. 15.13 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. 15.14 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. 15.15 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. 15.16 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. 15.17 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. 15.17.1 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. 15.18 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. 15.19 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 should be signed and dated. An employee making a verbal report may be required to provide their report in writing. 24 15.20 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|Clerk. If the report is submitted to the supervisor or manager, it shall be referred directly to the department head and CAO|Clerk within two (2) working days of receipt. The CAO|Clerk 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. 15.21 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 their 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. 15.22 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. 15.23 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|Clerk approves of its continuation. 15.24 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. 15.25 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. 15.26 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. 25 In more serious situations, the Municipality may suspend the employee who is the subject of the report pending the investigation. 15.27 Once the investigation is complete, the investigator will submit a confidential written document to CAO|Clerk. The document will summarize the investigator’s findings and conclusions and will recommend corrective action if appropriate. 15.28 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. 15.29 The CAO|Clerk 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 CAO|Clerk may approve, change or reject any of the investigator’s recommendations. 15.30 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. 15.31 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. 15.32 The appropriate disciplinary action imposed, if any, shall be determined by mutual agreement of CAO|Clerk 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 CAO|Clerk. 15.33 Employees who have witnessed or experienced a traumatic event may need special support. Their special needs will be acknowledged and accommodated. The CAO|Clerk or designate, will coordinate any special assistance that may be required. 15.34 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. 26 SECTION 16 – TECHNOL OGY & CORPORAT E PROPERTY 16.1 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. 16.2 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: 16.2.1 To protect against irresponsible, unauthorized, and illegal activities. 16.2.2 To ensure privacy, security, and reliability of all computer systems and information. 16.3 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. 16.4 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. 16.5 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. 16.6 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. 16.7 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. 16.8 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. 27 16.9 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. 16.10 No employee should have any expectation of privacy as to any use of the Municipality media and equipment. 16.11 Personal use of computer, internet, e-mail and other Municipal technology should be restricted to unpaid time. 16.12 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. 16.13 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. SECTION 17 – USE OF MUNICIPAL VEHICLES & EQUIPMENT 17.1 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. 17.2 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. 17.3 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. 17.4 Vehicles or equipment owned, leased, or rented by the Municipality may not be used for personal use without prior approval from the Supervisor. 17.5 Municipal vehicles are to be parked on Municipal premises when not in business use unless authorized to be parked offsite. 28 17.6 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 or vaping 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. 17.7 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 position that requires them to drive to conduct their duties for their position, may be asked to generate an annual official Driver’s Abstract. SECTION 18 - LAYOFF 18.1 At times the Municipality, due to change in strategic direction, loss of services, financial reasons, or other reasons, may have to reduce the workforce. 18.2 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. 18.3 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. 18.4 Employees on temporary layoff may have regular benefits to which they are entitled to continue, as awarded by the Municipality’s insurance provider. 18.5 Any unpaid accrued vacation pay will be paid out to employees with their final pay before the layoff. 18.6 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. 18.7 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. SECTION 19 - TERMINATION 19.1 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 29 Employment Standards Act, Ontario Human Rights Act and all other applicable statues with respect to terminations. 19.2 Employees who retire or resign from their employment with the Municipality may be requested to participate in an exit interview with CAO|Clerk. 19.3 Involuntary terminations require the review and written approval of CAO|Clerk. 19.4 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. 19.5 Terminated employees agree to return all municipal property including all employee passwords and documents prior to their departure. 19.6 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. 19.7 The Municipality recognizes that retirement is an individual choice to work until the normal retirement age, to retire early, or to postpone retirement. 19.8 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. 19.9 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. 19.10 Employees considering retirement should inform their supervisor as soon as possible to discuss the process, and facilitate transition and succession planning. 19.11 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. 19.12 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. 30 19.13 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. SECTION 20 – EMPLOYMENT VERIFICATION 20.1 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. 20.2 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 their release to any third party. Request for employment/salary verification should be fulfilled within two (2) working days. SECTION 21 – COUNCIL STAFF RELATIONS 21.1 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. 21.2 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. SECTION 22 – CONDUCT INV ESTIGATIONS 22.1 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: 22.1.1 Advise the Employee that their behaviour or activity contravenes Section 2 – Employee Conduct & Guidelines; 22.1.2 Encourage the Employee to stop the prohibited behaviour or activity; 22.1.3 If applicable, confirm to the Employee your satisfaction or dissatisfaction with his response to the concern identified; 22.1.4 Keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information, including steps taken to resolve the matter. 22.1.5 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. 22.2 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 & 31 Guidelines may address their concerns through the formal complaint process set out below. 22.2.1 All formal complaints must be made using the Municipality’s Complaints Form-Staff and shall be dated and signed by the complainant; 22.2.2 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; 22.2.3 Any witnesses in support of the allegation must be identified on the Complaint Form/Affidavit; 22.2.4 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; 22.2.5 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 Part Two – Section 22.2. 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 22.2.6 The CAO|Clerk or Mayor may request additional information from the complainant. 22.2.7 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. SECTION 23 – DRESS, GROOMING & PERSONAL HYGIENE 23.1 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. 23.2 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|Clerk is available to adjudicate any questions on dress, grooming, and personal hygiene. 23.3 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. 23.4 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. 32 23.4 The following list is consider “not” to be appropriate business attire: 23.4.1 Ripped or torn clothing 23.4.2 Sweat pants or work out gear 23.4.3 Tank tops 23.4.4 Muscle shirts 23.4.5 Dresses with spaghetti straps 23.4.6 Dirty or stained clothing 23.4.7 Suggestive or offensive attire 23.5 All employees should comply with good habits of grooming and personal hygiene and wear clothing that is clean and well maintained. 23.6 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. 23.7 More formal and conservative attire may be required at Municipal social events, conferences, trade shows, and education events. 23.8 Some employees are sensitive to strong perfumes, colognes, or other scents, so be considerate and avoid using. 23.9 On Dress Down Fridays, you may dress more casually; however, you should still maintain a presentable appearance. 23.10 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. SECTION 24 – CUSTOMER SERVICE STANDARDS 24.1 The customers of the Municipality include the following stakeholders: the residents, visitors, community partners, suppliers, other government agencies and internal Bayham employees (internal customers). The Municipality is committed to providing exceptional high-quality responsive professional service to all customers. The purpose of this policy is to establish uniform standards and procedures for all employees in all departments responding to customers for service, questions, and feedback. 24.2 This policy covers service standards in general for all customers. The Municipality has separate policies on the website at https://www.bayham.on.ca/pages/accessibility and https://www.bayham.on.ca/pages/policies-and-procedures which outline specific accessibility standards for customers with disabilities. These policies are drafted in conjunction with the Elgin County Accessibility Advisory Committee. 33 24.3 In order to meet the needs and expectations of customers, all employees are expected to: 24.3.1 Anticipate the needs of customers and plan accordingly in order to successfully meet these needs; 24.3.2 Greet customers in a prompt, cheerful, and respectful manner; 24.3.3 Identify themselves, their department and their title; 24.3.4 Listen actively to all requests and concerns; 24.3.5 Be pleasant, courteous, respectful and helpful during the entire interaction; 24.3.6 Remember people will forget what you said, people will forget what you did, but people will never forget how you made them feel; 24.3.7 Try to improve communication and public engagement with all customers; 24.3.8 Respond to all complaints, questions, and requests for service via email or phone within one business day. If the issue is complex the initial correspondence may simply acknowledge receipt and promise a response within a designated reasonable period of time; 24.3.9 Respond to all written complaints, questions, and requests for service within three business days. If the issue is complex the initial correspondence may simply acknowledge receipt and promise a response within a designated reasonable period; 24.3.10 Communicate honestly, courteously and knowledgeably with all customers; 24.3.11 Serve customers with a strong sense of pride, commitment, and high ethical standards; 24.3.12 Occasionally staff may have bad days for various personal reasons. This should not affect the level of service provided to customers. 24.3.13 Handle difficult customers carefully. If a customer becomes abusive stop the call and get a supervisor involved. Staff are not expected to tolerate abusive behaviour; 24.3.14 Handle customer complaints carefully. If you receive a complaint concerning service provided by yourself or other staff members follow these procedures: 24.3.14.1 Make note of the details of the complaint; 24.3.14.2 Mention to the customer, that the complaint will be handled by the Department Manager and they will hear back within three business days; 24.3.14.3 On the same day forward the complaint to the Department Manager; 24.3.14.4 The Department Manager should log the complaint; 24.3.14.5 The Department Manager should conduct an appropriate investigation and respond to customer within three business days; 24.3.14.6 If the matter is complex or the parties involved are absence, and the Department Manager needs more time, they should inform the complainant within three business days, of the new deadline for reporting back; 24.3.14.7 The Department Manager should continue interacting the complainant until the matter is resolved. If the Municipality is at fault the Department Manager should organized a written apology. 34 24.3.14.8 In rare circumstances a complaint may need to be escalated to the CAO|Clerk or the Mayor as a last resort. 24.3.15 Maintain their voice mail and email to ensure customers are aware of planned absences. Identify alternate contacts and a return date in the voice message or bounce back email; 24.3.16 Ensure their status on out of office board is current. 24.4 The above client service standards apply to all employees for all forms of communications including but not limited to: in person, via email, via written correspondence, and via various social media platforms. 24.5 The staff at the front desk of the municipal office have the most interaction with customers and have additional standards to meet as follows: 24.5.1 Coordinate schedules with all front staff to ensure there is coverage for the front desk and incoming phones at all the days and times; 24.5.2 Set up the automated attendant on the phone system when the phone is not attended; 24.5.3 Refer, customer’s inquiries to the appropriate person in the appropriate department. Avoid bouncing an inquiry around. If the referred to Bayham person is absence, make the customer aware; 24.5.4 If a note is required, take the message with sufficient detail to ensure the person returning the call can answer the inquiry. 24.6 Excellent customer service extends to the conduct of all municipal meetings with either external customers or internal customers either in person or virtual. The following guidelines will be followed: 24.6.1 Set an agenda and distribute to all attendees ahead of the meeting; 24.6.2 Ensure all technology works for all participants ahead of the meeting; 24.6.3 Ensure the meeting starts on time; 24.6.4 Designate a chair for all meetings. Could rotate as appropriate; 24.6.5 The chair is responsible to ensure the meeting stays on agenda and ends on time; 24.6.6 Someone should take minutes and save electronically to the appropriate file; 24.6.7 Practice active listening; 24.6.8 The chair should summarize the conclusions of the meeting at the end and set next steps 24.7 All staff members will be trained on this policy and the basics of excellent customer service in mind. Front desk staff are required to take in depth customer service training. 24.8 The performance management program will include review questions evaluating customer service job performance for all employees. The performance management program will include more in-depth questions evaluating customer service job performance for front desk staff. 35 24.9 If an employee observes or hears of poor customer service by another staff member, they are to report the incident to their Supervisor. The Supervisor will act promptly to correct the behaviour or refer the matter to the appropriate Supervisor. 24.10 It is expected that all employees will follow the standards in this policy for customer service. Failure to do so may require performance improvement plans and possibly disciplinary action. 36 PART THREE: PAY ADMINISTRATION AND BENEFITS 37 SECTION 1 – COMPENSATION PHILOSOPHY 1.1 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. 1.2 Compensation is structured to: 1.2.1 Establish appropriate pay differentials between position levels to account for differences in scope of responsibilities. 1.2.2 Reward performance as measured by the attainment of individual, department and corporate objectives. 1.2.3 Recognize the acquisition of knowledge, skills and experience pertinent to the employee’s position. 1.3 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. 1.4 The Municipality, for non-unionized employees, will perform a market check normally every four (4) years, which will include: 1.4.1 The pay band grid will be compared to the market, 1.4.2 Council will approve the comparators to be used, 1.4.3 The median or fiftieth (50th)percentile of the job rate of the comparators will be used, 1.4.4 The overall pay band grid may increase, decrease or remain the same as the result, 1.4.5 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, 1.4.6 Council will approve the market check and implement the results. SECTION 2 – PAY ADMINISTRATION 2.1 Salaries at the Municipality shall be determined in accordance with the Salary Schedule as approved and amended from time-to-time by Council. 2.2 A promotion shall be considered as a reassignment of duties to employees that would cause their 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 38 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 their current salary by promotion. 2.3 Subsequent increases in the new range will occur on the anniversary date (or establish date) of the transfer or promotion. 2.4 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. 2.5 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. 2.6 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. 2.7 If the temporary transfer is to a position at a lower salary level, an employee may retain their current salary. “Temporary” can be a period of up to, but not exceeding, six (6) months. 2.8 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. 2.9 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. 2.10 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. 2.11 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 39 pay band may be awarded, but may be withheld for three (3) months from the employee’s start date in the position. 2.12 Each year on January 1 the entire pay band grid may move up by % using an established formula. 2.13 The formula to be used is the annual Stats Can Ontario CPI for the 12 months ended October 31 each year. 2.14 The job rate will increase by the annual adjustment and the other five steps calculated as a % of the job rate. 2.15 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. 2.16 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 %. 2.17 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 2.18 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. SECTION 3 – JOB EVALUATION SYSTEM 3.1 The Municipality, for non-unionized employees, 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. 3.2 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. 40 3.3 Job evaluation reviews are generally initiated in response to: 3.3.1 Department restructuring; 3.3.2 New Positions; or 3.3.3 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. SECTION 4 – ACTING PAY 4.1 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: 4.2 No change in wage will result if the assigned job classification is lower than the employee’s current classification, unless mutually agreed upon. 4.3 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: 4.3.1 Minimum ten (10) consecutive full working days in a manager assignment; or 4.3.2 Minimum five (5) consecutive full working days in all other assignments. 4.4 Exception: 4.4.1 Where such a change results in an increase of less than 5%, the employee shall receive 4.4.2 the next higher wage rate in the pay band; and 4.4.3 The employee’s new wage rate may never exceed the maximum of the higher rated job classification. 4.5 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 agreed 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. 4.6 All temporary assignments and acting pay must have prior written approval from the CAO|Clerk. 41 SECTION 5 – PAY ADMINISTRATION 5.1 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. 5.2 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. 5.3 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. 5.4 Salaried employees shall be paid on the basis of their annual salary divided by the number of pays in each year. 5.5 A T4 will be distributed to employees and former employees with earnings for the previous year, on or before February 28th of each year. 5.6 The Municipality does not provide pay advances on wages to employees. 5.7 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. 5.8 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. 5.9 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. 5.10 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. 5.11 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. 42 SECTION 6 - BENEFIT S 6.1 The Municipality pays the following benefits required by statute on behalf of all employees and Members of Council where required: 6.1.1 Employer Health Tax (EHT) 6.1.2 Employment Insurance (EI) 6.1.3 Canada Pension Plan (CPP) 6.1.4 Workplace Safety and Insurance Board (WSIB) 9.2.1 6.2 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. 6.3 Municipal benefits currently provide the following, in accordance with plan booklets: 6.3.1 Pension through Ontario Municipal Employees Retirement System (OMERS) 6.3.2 Vision and Dental Coverage 6.3.3 Extended Health Care 6.3.4 Life Insurance 6.3.5 Accidental Death & Dismemberment 6.3.6 Short-Term Disability 6.3.7 Long-Term Disability 6.4 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. 6.5 Permanent employees and dependents have access to the Homewood Health Employee Assistance Program. For more information please contact, 1-800-663-1142 or visit the website https://homeweb.ca. SECTION 7 – PROFESSIONAL DEVELOPMENT & CONTINUING EDUCATION 7.1 The Municipality encourages the ongoing professional development and continuing education of employees, and provides financial assistance in accordance with this policy. 7.2 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. 7.3 The Municipality shall offer the following assistance to employees attending approved seminars, conventions and/or conferences: 7.3.1 Transportation expenses, including parking, of delegate to and from the seminar, convention and/or conference. If delegate drives their own vehicle, 43 he/she shall paid at the mileage rate as set by Council. If the employee travels by train or plane, a receipt is required. 7.3.2 All registration fees levied by the seminar, convention and/or conference. 7.3.3 Employees must have prior written approval from the CAO/Clerk, for all other reasonable expenses otherwise the expense will not be reimbursed. 7.4 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. 7.5 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. 7.6 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% SECTION 8 – LONG-TERM SERVICE AWARDS 8.1 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. 8.2 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: 8.2.1 Retention of valued expertise; 8.2.2 Organizational stability and lower turnover; 8.2.3 Creation of a positive and supportive work environment; 8.2.4 Identification of role models and the opportunity to encourage a sense of community and shared purpose. 8.3 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 initial hire date shall be used to determine length of service. In the event of a break in 44 service, a new initial hire date shall be established on the date of re-employment, and previous service may not be counted. 8.4 Recognition shall be in accordance with By-law No. 2019-014, the Long-term Service Awards/Retirement Recognition Policy. 45 PART FOUR: WORKING HOURS, ATTENDANCE & LEAVES 46 SECTION 1 – HOURS OF WORK 1.1 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. 1.2 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. 1.3 The normal hours of work for “outside” non-union employees shall be: 1.3.1 Roads Operations Supervisor 7:00am to 3:30pm Monday to Friday inclusive. 1.3.2 Chief Building Official (CBO) 8:00 am to 4:30 pm Monday to Friday inclusive. 1.3.3 Manager of Public Works 8:00 am to 4:30 pm Monday to Friday inclusive. 1.4 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. 1.5 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. 1.6 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. 1.7 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: 1.7.1 Two (2), fifteen (15) minute paid break, to be taken in the morning and the afternoon. 1.7.2 One (1) unpaid meal break. 47 1.8 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. 1.9 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. 1.10 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. 1.11 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. 1.12 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. SECTION 2 – OVERTIME 2.1 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. 2.2 Only hours worked count towards the overtime threshold. Time on vacation, statutory holiday, leaves, etc., does not count towards overtime. 2.3 All overtime worked must have the prior approval from the employee’s supervisor. 2.4 Employees may bank time to a maximum of eighty (80) hours per year of overtime and must be used in the year earned. If the employee doesn’t use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward. 2.5 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. 2.6 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 48 doesn’t use their banked overtime during the calendar year it will be forfeited and not eligible to be carried forward. 2.7 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. SECTION 3 – PAID PUBLIC HOLIDAYS 3.1 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. 3.2 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 3.3 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. 3.4 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. 3.5 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. 49 SECTION 4 - VACATION 4.1 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. 4.2 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 Fifteen (15) years Five (5) weeks Twenty (20) + years Six (6) weeks 4.3 If a public holiday falls during an employee’s vacation time, the public holiday does not count as a vacation day. 4.4 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. 4.5 Notwithstanding Vacation Entitlement Section 4 a non-union employee may also utilize the following options for unused vacation time: 4.5.1 Ability to be paid out, straight time for up to one week of unused vacation time annually; OR 4.5.2 Ability to direct the Municipality to pay out, straight time for up to one week of unused vacation time annually into a the Human Resources Reserve Account to be paid out upon request of the employee or upon retirement or end of employment with the Municipality. 4.6 Vacation Entitlement Section 4.5 will be paid out at the rate of pay of the year in which the pay was originally paid out or banked. 50 4.7 Vacation Entitlement Section 4.5 will not be subject to OMERS contributions and/or interest. 4.8 Any vacation time not used during the calendar year will be forfeited and not eligible to be carried forward. 4.9 The Municipality encourages all employees to utilize vacation time within a given year. 4.10 Salaried employees will continue to receive their regular pay while on vacation. 4.11 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. 4.12 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. SECTION 5 – BEREAV EMENT LEAVE 5.1 Bereavement Leave shall be granted for attending a funeral and for bereavement purposes commencing the first day following the death, as follows: 5.1.1 Five (5) working days immediately following the death of a spouse, child or step-child. 5.1.2 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. 5.1.3 Two (2) working days, to attend the funeral of the sister, brother, or grandparent of the employee’s current spouse. 5.1.4 One (1) working day, to attend the funeral of an aunt or uncle, fellow employee, a close friend or to serve as a pallbearer. 5.2 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. 51 SECTION 6 – JURY/COURT DUTY 6.1 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. 6.2 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. 6.3 Upon completion of their jury duty or witness service, such employees shall present to their supervisor and/or CAO/Clerk a satisfactory certificate showing such period of service. Such employee will be paid their 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 their regular employment to complete their remaining normally scheduled work period. 6.4 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. SECTION 7 – VOTING LEAVE 7.1 Where legislation, as amended from time to time, requires and where, by reason of the hours of their 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. 7.2 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. SECTION 8 – INCLEMENT WEATHER DAYS 8.1 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. 52 8.2 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. 8.3 Employees should not drive on closed roads or violate any Highway Traffic Act regulations attempting to attend work. 8.4 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. SECTION 9 – SICK LEAVE 9.1 The Municipality understands that on occasion employees are sick and unable to report to work. As such the Municipality sets the following policy. 9.2 All, non-unionized, 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. 9.3 Sick days must only be used for personal illness, immediate family illness or personal emergency. 9.4 Permanent employees are entitled to use up to four (4) days per calendar years from their sick leave entitlement to attend to a spouse, child and/or parent who are personally ill. 9.5 Unused sick days are not paid out or carried over to the following year. 9.6 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. 9.7 An employee who is absent from work for reason of illness, may be requested to provide a medical certificate to their supervisor. Failure to comply with this section may result in forfeiting pay, suspension or discharge from employment. 9.8 Employees may be eligible for STD income after sick leave entitlements have been utilized. 53 9.9 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. 9.10 Separate periods of disability occurring under this benefit will be considered one period if: 9.10.1 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; 9.10.2 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. 9.11 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. 9.12 This Plan applies to non-occupational injuries, illnesses, or quarantine: 9.12.1 That result in temporary total disability; and 9.12.2 That do not qualify to receive benefits from an alternate insurance plan or wage subsidy program such as the Workplace Safety & Insurance Board. 9.13 Benefits from this Plan are payable if an eligible employee becomes totally disabled and: 9.13.1 Provides proof that the disability began while eligible; and 9.13.2 Has followed a treatment of care by a registered medical practitioner since the onset of the disability. 9.14 For the purposes of Part Four – Section 9 the following definitions apply: 9.14.1 Totally Disabled: being continuously unable to perform the essential duties of the job, or alternate suitable work, due to an injury, illness, or quarantine. 9.14.2 Quarantine: mandated isolation or confinement by a Medical Practitioner or a reigning governing body; due to illness, pandemic, or other health related issue. 9.14.3 Medical Practitioner/Treating Practitioner: a person practicing medicine that is licensed, certified, registered, or otherwise recognized by a governing college, who’s discipline is listed by the Canada Revenue Agency as an authorized medical practitioner, and is practicing within the assigned discipline and geographical area. 9.14.4 STD: Short Term Disability 9.14.5 RTW: Return to Work 9.14.6 Elimination Period: the waiting period for disability due to illness that must be completed prior to the start of benefit payments. 9.14.7 Non-occupational Disability: injury or illness that was not caused by, or of rising out of and in the course of employment. 9.14.8 Leave of Absence/Job Protected Leave: an approved and protected leave from work as agreed upon by Bayham Management or as per the current version of the Employment Standards Act. 54 9.14.9 Regular Earnings: wages paid for regular hours worked, that do not include overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, termination pay, severance or termination pay, bonuses or profit shares, and other extra entitlements as per the employee’s contract of employment. 9.15 Benefits are not payable under the following circumstances: 9.15.1 The employee is not under an appropriate treatment of care from a licensed medical practitioner or doctor, as relevant to the illness or injury as determined by the claim adjudicator; 9.15.2 The illness or injury is covered by the Workplace Safety and Insurance Act or Canada Pension Plan Disability Benefits; 9.15.3 The employee is receiving Employment Insurance benefits; 9.15.4 The disability is intentionally self-inflicted; 9.15.5 For cosmetic surgery procedures; 9.15.6 While vacation pay is being received or during a leave of absence; 9.15.7 For injuries or diseases sustained while committing a criminal offence; 9.15.8 While on maternity leave or parental leave; 9.15.9 If the employee is otherwise engaged in employment for wage or profit; 9.15.10 If the employee is absent from Canada longer than 4 weeks (unless the absence is agreed to in writing and prior to the absence, by the Plan adjudicator/Bayham Management); 9.15.11 While serving a prison sentence or otherwise confined in a similar institution; 9.15.12 For disability resulting from participation in a riot, or the hostile action of any armed forces; and/or 9.15.13 Any other unique circumstances that may be contrary to the purpose and policy of this Plan, as deemed so by the Plan adjudicator. 9.15.14 Note: if an employee becomes totally disabled prior to their notice of a job protected leave or layoff, benefits may be payable up to the maximum benefit period. 9.16 An employee who becomes totally disabled during a job protected/approved leave and is recalled or scheduled to return to work, may receive benefit payments: 9.16.1 If the employee is eligible for benefits as per the limitation of this Plan; and 9.16.2 Has been totally disabled due to illness for a minimum of five (5) business days prior to the recall/scheduled return; or 9.16.3 Is totally disabled due to an accident, hospitalization, quarantine on the day of the recall/scheduled return. 9.17 Benefit Waiting Period - Short Term Disability Benefits commence on either: 9.17.1 The first day of an accident that results in total disability; 9.17.2 The first day of hospitalization; 9.17.3 The first day of quarantine. 55 9.18 Benefit Pay and Duration - Once approved, benefits are paid on the same frequency and date as the employee’s regular pay period. 9.19 No benefits are payable until the supporting documentation is received and the claim has been approved; such approval shall not be unreasonably delayed. 9.20 End of Benefit Payments - Benefit payments end on the earlier of the following dates: 9.20.1 The date the employee is no longer temporarily totally disabled. 9.20.2 The end of the mandated quarantine. 9.20.3 The end of the maximum benefit period of seventeen (17) weeks (119 days). 9.20.4 The date the employee retires or resigns from employment with Bayham. 9.20.5 The date the employee dies. 9.21 Recovery of Damages - Bayham reserves the right to any part of any money that an employee recovers through legal action or settlement from another party that caused the disability for which benefits were paid, as per this Plan; up to the limit of the amount of benefit paid to the employee. 9.22 Benefit Amount - Eligible employees with an approved claim, as per the limitations of this Plan, shall receive wage loss replacement benefits at a rate of 75% of average regular earnings. 9.23 The average regular earnings are calculated using the earnings from the twelve (12) weeks prior to the disability leave. 9.24 All benefit amounts paid are subject to applicable provincial and federal taxes, EI and CPP. Taxes will be deducted from the benefit amount as per payroll process. 9.25 Filing a Claim - To file a claim for benefits, the eligible employee must: 9.25.1 On the first day of total disability illness or injury, notify the Supervisor or Manager in writing using a Bayham STD claim form. 9.25.2 This may be accomplished via email and/or written letter. 9.25.3 The notification shall state if the employee intends to file a claim for STD benefits 9.25.4 Provide any medical documentation to the Adjudicator using the Bayham Treating Medical Practitioner Statement. 9.26 This Documentation must: 56 9.26.1 Be completed by a Medical Practitioner 9.26.2 Describe the nature of the illness, injury, disability or mandated quarantine, the prognosis for recovery, and an anticipated return to work date. 9.26.3 Be provided to Bayham within five (5) business days of the illness, injury, disability. 9.26.4 The employee may submit any receipts for costs associated with obtaining documentation to Bayham for reimbursement. 9.26.5 Note: Failure to produce the required documentation within five (5) business days may delay processing of the claim and cause absence beyond the applicable waiting period to be classified as non-paid emergency leave. If delayed longer than five (5) business days, contact the Adjudicator. 9.27 Claim Adjudication - The approval of the claim may be determined by Bayham Management, or by a third-party adjudicator appointed by Bayham. 9.27 Claim Duration - During the duration of the claim, the employee may be required by Bayham Management, to submit medical documentation that confirms the continued total disability, and any changes in functional abilities or anticipated recovery and return to work date. The employee may also be required to participate in an examination by an appointed physician/medical practitioner at the discretion and cost of Bayham Canada. 9.28 Bayham Canada recognizes that returning employees to suitable and meaningful work is in the best interest of all workplace parties. Any and all efforts at RTW shall be initiated as safely and as early as possible based on objective medical information provided by the employee’s treating practitioner. For more details see Bayham’s Early and Safe Return to Work Program. 9.29 Before the employee returns to work, in any capacity, medical documentation must be provided to Bayham Management. This documentation must include a full description of the employee’s functional abilities and any accommodation required; related to performance of the essential duties of the respective job/position (either the pre-injury job or modified work, as applicable). 9.30 If modified work hours are an accommodation within the RTW Plan, then the employee shall receive remuneration for any hours worked as per the pre-disability hourly rate. Any hours the employee does not work (regular hours) are eligible for STD benefits as per this Plan; at 75% of average earnings; up to the maximum seventeen (17) week benefit period in total. 9.31 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. 57 9.32 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. 9.33 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. SECTION 10 – STATUTORY LEAVES OF ABSENCES 10.1 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: 10.1.1 Pregnancy or Parental Leave 10.1.2 Personal Emergency Leave 10.1.3 Family Medical Leave 10.1.4 Family Caregiver Leave 10.1.5 Domestic or Sexual Violence Leave 10.1.6 Crime Related Death Leave 10.1.7 Child Disappearance Leave 10.2 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: 10.2.1 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 do not intend to pay the employees premium contributions. 10.3. 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 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2021-007 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD JANUARY 21, 2021 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 Council meeting held January 21, 2021 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 January, 2021. ____________________________ _____________________________ MAYOR CLERK