HomeMy WebLinkAboutMarch 16, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, March, 16, 2023 7:00 p.m. The March 16, 2023 Council Meeting will allow for a hybrid meeting function – you may attend in person or virtually through the live-stream on the Municipality of Bayham’s 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. PRESENTATIONS
A. Port Burwell Fire Association re Items Obtained from Windfarm Grant 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held March 2, 2023 8. MOTIONS AND NOTICE OF MOTION A. Deputy Mayor Weisler re Bill 5 – Stopping Harassment and Abuse by Local Leaders Act 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
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A. Report FR-03/23 by Harry Baranik, Fire Chief re Annual Service Report
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting for a Proposed Minor Variance – A-01/23, 12 Elizabeth, Blatz B. Notice of Public Meeting for a Proposed Minor Variance – A-02/23, 55210 Maple Grove Line, Froese 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-13/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent
Application E4-23 Underhill, R & L
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Howick Township re School Board Elections
B. City of Port Colborne re Call to Action: Review of the Cannabis Act C. Municipality of Chatham-Kent re Bill 5 – Stopping Harassment and Abuse by Local Leaders Act D. Town of Grimsby re Barriers for Women in Politics
E. Municipality of Trent Lakes re Oath of Office F. Municipality of Dutton Dunwich re Review of Provincial Policy Statement G. Town of Cobourg re Homeless and Unsheltered Persons H. Municipality of Chatham-Kent re Call to the Provincial Government to End Homelessness in Ontario I. AHI & TDMH re Community Engagement
J. Elgin County re February 28, 2023 County Council Highlights
K. LPRCA re February 1, 2023 Board of Directors Meeting Minutes L. Elgin County re What’s New in Elgin March 2023
M. Susanne Schlotzhauer re Procedural By-law Issues
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N. AHI & TDMH re Awards Received from Accreditation Canada
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CL-04/23 by Meagan Elliott, Deputy Clerk re Updates to Procedural By-law
B. Report CL-05/23 by Meagan Elliott, Deputy Clerk re Municipal Assistance Request C. Report CL-06/23 by Meagan Elliott, Deputy Clerk re Municipal Website Procurement – GHD
D. Report CAO-16/23 by Thomas Thayer, CAO|Clerk re Detailed Costing and Timeline Update – Straffordville Community Centre Expansion 14. BY-LAWS A. By-law No. 2023-011 Being a by-law to provide for the regulation, restriction and prohibition of the keeping and the running at large of dogs in the Municipality of Bayham B. By-law No. 2023-020 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Viewcon Construction Limited
C. By-law No. 2023-021 Being a by-law to govern the proceedings of the Council of the Municipality of Bayham, and of its committees and the conduct of its members 15. UNFINISHED BUSINESS 16. OTHER BUSINESS
16.1 In Camera A. Confidential Report re Labour relations, employee negotiations (Human Resources) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2023-022 Being a by-law to confirm all actions of Council 18. ADJOURNMENT
1. A device that includes a portable radar system and has the capability to track our
searches on the water and transfer the patterns searched to the coast guard as a
navigational aid.
2. Portable hand grenade extinguishers.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, March 2, 2023 7:00 p.m. The March 2, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube.
PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT
STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR|DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES *via Zoom MANAGER OF PUBLIC WORKS|DRAINAGE
SUPERINTENDENT STEVE ADAMS *via Zoom MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON 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 4. ANNOUNCEMENTS Councillor Chilcott announced that the Straffordville Hall Foundation (SHF) will be hosting a St.
Patty’s Day Dance on Friday, March 17th. Tickets can be purchased through members of the Straffordville Hall Foundation.
Mayor Ketchabaw reminded residents that applications to be on a Committee of Council are open until March 24th and those interested can apply online through the website. Applications for two (2) summer student positions for the Marine Museum are being accepted until March
24th and further details and to apply is also on the website. Lastly, Mayor Ketchabaw announced that the first Spring curbside bulk garbage pick-up is on March 27th with a registration deadline of March 21st.
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CAO Thayer reminded residents that they may take advantage of the Open Forum process to
address Council on matters listed on an agenda they wish to comment on. Those interested are to register with the Clerk by noon on the day of the meeting.
5. PRESENTATIONS 6. DELEGATIONS A. Valerie Donnell re Sunshine List Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the delegation from Valerie Donnell re Sunshine List be received for information. CARRIED 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Council Meeting held February 16, 2023
Moved by: Councillor Froese Seconded by: Councillor Emerson THAT the minutes from the Regular Council Meeting held February 16, 2023 be approved as presented. CARRIED
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report PS-04/23 by Steve Adams, Manager of Public Works|Drainage Superintendent
re Municipal Tree Program
Moved by: Deputy Mayor Weisler
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Seconded by: Councillor Chilcott
THAT Report PS-04/23 re Municipal Tree Program be received for information; AND THAT staff be directed to utilize 2-gallon size tree stock as a part of the Municipality’s Tree Program; AND THAT staff be directed to open applications to the Tree Program and hold a pick-up day at a date determined by staff; AND THAT Council supports an application to Tree Canada for funding to support the Tree Program; AND THAT a revised, comprehensive Tree Policy including Tree Program Procedures be drafted and presented to Council for consideration. CARRIED
B. Report PS-05/23 by Ed Roloson, Manager of Capital Projects|Water/Wastewater
Operations re ICIP Green Stream Funding – Vienna Water Service Line Replacement
RFT Results
Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report PS-05/23 re ICIP Green Stream Funding – Vienna Water Service Line Replacements – RFT Results be received for information; AND THAT Council award the Vienna Water Service Line Replacements to Viewcon Construction Limited in the total amount of $1,313,652.94 + HST.
AND THAT the appropriate by-law to enter into an Agreement with Viewcon Construction Limited be brought forward for Council’s consideration. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-11/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re
Temporary Use and Demolition Agreement – Riddell, 8921 Mitchell Road
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler
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THAT Report DS-11/23 re Riddell Temporary Use and Demolition Agreement be
received for information;
AND THAT By-law No. 2023-017, being a by-law to authorize an Agreement between
Bradley Allan Riddell and The Corporation of the Municipality of Bayham, be presented
for enactment.
CARRIED
B. Report DS-12/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Draft Plan
of Subdivision Application 34T-BA2201, Vienna Ridge Subdivision
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler THAT Staff Report DS-12/23 regarding the Draft Plan of Subdivision 34T-BA2201 Redecop and Wiebe 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 15, 2022 associated with this application, verbal and written submissions
were received; AND THAT all considerations regarding this matter were taken into account in Council’s
decision passing this resolution; AND THAT Council supports the 8-lot Draft Plan of Subdivision in principle; AND THAT Council request the County of Elgin consider including the following as conditions of Draft Plan approval: 1. That the Owner enters into a subdivision agreement containing provisions under Section 51(26) of the Planning Act R.S.O. 1990, as amended, with the Municipality,
wherein the Owner agrees to satisfy all the requirements, financial and otherwise, of the Municipality concerning the installation of services including roads, utilities, stormwater management facilities and hydrants required for the development of the lands within the plan with securities all to the satisfaction of the Municipality. 2. That the subdivision agreement between the Owner and the Municipality be registered against the lands to which it applies to the satisfaction of the Municipality. 3. That the Owner provide detailed servicing plans for connection to the municipal sanitary sewers including any necessary upgrades to the system being made by the Owner; and provides confirmation of the adequacy of the municipal sanitary sewer capacity upon the completion of the development. Upon the completion of the plan of subdivision, the Owner shall report and confirm to the Municipality the remaining capacity of the sanitary sewer system in Vienna to the satisfaction of the Municipality.
4. That the Owner provide detailed servicing plans for connection to the municipal water services including any necessary upgrades to ensure that these services or facilities
including hydrants can be provided up to the appropriate standard, which complies
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with all regulatory requirements and protects human health and the natural
environment in the event of future municipal service extensions to the area. 5. The Owner demonstrate that the development, including fill or proposed structures,
are not located on the slope or cut into the toe of the slope; the proposed structures do not include structural elements that require post-construction maintenance to maintain slope stability; and development is set back six (6) metres from the top of
the slope; and that the Registered Plans for each lot include a building envelope plan delineating development areas to the satisfaction of the Long Point Region Conservation Authority. 6. That the Owner shall provide detailed design plans for the required widening of the road surface along North Street to appropriate standards in accordance with the Municipality of Bayham Design and Construction Standards. 7. That the Owner shall provide easements as may be required for services, utility, or drainage purposes in a form satisfactory to the Municipality or utility. 8. That the Owner design and construct to provide adequate sanitary connections to the municipal sanitary sewer system for all eight (8) lots and that the Subdivision Agreement shall make provision for the assumption and operation by the Municipality
of Bayham of the sanitary sewer system within the Draft Plan, subject to the approval of the Municipality.
9. Prior to final approval, the Owner shall submit for approval, an electronic copy and two (2) paper copies of the detailed as-constructed servicing plans designed in accordance with the Municipality of Bayham Design and Construction Standards to
the satisfaction of the Municipality. 10. That prior to any grading or construction of the site and prior to final approval, the Owner shall submit the following: a) A final storm water management report to be submitted to the Municipality and Long Point Region Conservation authority for review and approval b) An erosion and siltation control plan to the satisfaction of the Municipality and Long Point Region Conservation Authority for review and approval c) A final lot grading and drainage plan to the satisfaction of the Municipality and Long Point Region Conservation Authority for review and approval d) Completion of any necessary applications under the Drainage Act to provide a legal outlet for storm water use.
11. That any environmental protection measures recommended in the storm water management plan required by Condition 10 above, that are not capable of being addressed under the Ontario Water Resources Act, be implemented through the
Subdivision Agreement. 12. That any lands containing any storm water treatment system are to be assumed by
the Municipality, at the cost of the Owner. 13. That the “h1” and “h4” holding symbols be removed by way of Zoning By-law Amendment to ensure orderly development through a Subdivision Agreement
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between the Owner and the Municipality, which addresses financial, servicing and
access impacts of new development to the Municipality. 14. That the Owner provides cash-in-lieu of parkland in accordance to the Municipality of
Bayham Cash in Lieu of Parkland By-law No. 2020-053. 15. The Owner acknowledges and agrees to convey any easement(s) as deemed
necessary by any telecommunications provider to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to the said telecommunications provider. 16. The Owner agrees that should any conflict arise with existing telecommunications provider’s facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. CARRIED 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Elgin County OPP re 2022 Year End Report B. Elgin Group Police Services Board re 2023 Budget
C. Elgin Group Police Services Board re Canada’s Bail System
D. Woodstock, Ingersoll, Tillsonburg & Area Association of Realtors re January 2023 Market Report E. Municipality of Bayham re Notice for Changes to Bayham’s Procedural By-Law
F. Municipality of Bayham re Call for Applications for Committee Members Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 13.1.1 A – F be received for information. CARRIED 13.1.2 Requiring Action
13.2 Reports to Council
A. Report TR-09/23 by Lorne James, Treasurer re Charitable Rebate Tax Program Moved by: Councillor Froese Seconded by: Councillor Chilcott
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THAT Report TR-09/23 re Charitable Rebate Tax Program be received for information;
AND THAT staff be directed to post the Charitable Rebate Tax Application on the website, effective for the 2023 taxation year;
AND THAT staff be directed to send correspondence to Paul Trombley from Family
Foundations Institute. CARRIED
B. Report CL-03/23 by Meagan Elliott, Deputy Clerk re Bayham Bench Program Sponsorship Policy
Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report CL-03/23 re Bayham Bench Program Sponsorship Policy be received for information;
AND THAT the appropriate by-law be brought forward to adopt the policy as presented. CARRIED C. Report CAO-14/23 by Thomas Thayer, CAO|Clerk re Site Plan Agreement – Innovative Quality Manufacturing Inc., 56568 Talbot Line Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CAO-14/23 re Site Plan Agreement – 2434378 Ontario Limited (Innovative Quality Manufacturing Inc.) – 56568 and 56616 Talbot Line, Bayham (Application No. SPA-04/22) be received for information. CARRIED
D. Report CAO-15/23 by Thomas Thayer, CAO|Clerk re Proposed Redistribution of Federal Election Districts – Ontario Final Report
Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report CAO-15/23 re Proposed Redistribution of Federal Electoral Districts – Ontario Final Report be received for information;
AND THAT the Municipality of Bayham provide a Letter of Support to Bayham’s Member of Parliament (MP) for the Federal Electoral Boundaries Commission for the Province of Ontario, in support of a unified Elgin County and City of St. Thomas, represented by one federal electoral district. CARRIED
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14. BY-LAWS
A. By-law No. 2023-017 Being a by-law to authorize the execution of a temporary use and demolition agreement between Bradley Allan Riddell and the Corporation of the
Municipality of Bayham B. By-law No. 2023-018 Being a by-law to adopt a Bayham bench program and Bayham
bench sponsorship policy Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2023-017 and 2023-018 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2023-019 Being a by-law to confirm all actions of Council
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Confirming By-law No. 2023-019 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 8:01 p.m.
CARRIED
MAYOR CLERK
Motion
Pursuant to Section 6.8 of the Municipality of Bayham’s Procedural By-law No. 2022-003, a
Motion or Notice of Motion may be proposed by a Member of Council and included on a
Regular Session Agenda for discussion and Council consideration.
A Motion will require a Seconder prior to consideration.
___________________________________________________________________________ Support for Bill 5
Moved by: Deputy Mayor Weisler Seconded by: WHEREAS all persons employed in Ontario should be guaranteed to work in an environment free of workplace violence and harassment;
AND WHEREAS Ontario municipalities are required to have Workplace Violence and Harassment Policy for municipal staff, and Codes of Conduct for Municipal Councillors and Committee and Board members;
AND WHEREAS Bill 5 is entitled the “Stopping Harassment and Abuse by Local Leaders Act”, which received First Reading in August 2022; AND WHEREAS Bill 5 proposes a requirement for the code of conduct for municipal Councillors and members of local boards to include a requirement to comply with workplace
violence and harassment policies and permit municipalities and local boards to direct the Integrity Commissioner to apply to the court to vacate a member’s seat if the Commissioner’s inquiry determines that the member has contravened this requirement; THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Bayham expresses
its support for Bill 5 – Stopping Harassment and Abuse by Local Leaders Act;
AND FURTHER THAT this resolution be circulated to the Honourable Doug Ford, Premier of Ontario; the Honourable Steve Clark, Minister of Municipal Affairs and Housing; the Honourable Rob Flack, Elgin-Middlesex-London Member of Provincial Parliament (MPP); and,
all Elgin County municipal partners.
REPORT
FIRE DEPARTMENT
TO: Mayor & Members of Council
FROM: Harry Baranik, Fire Chief/By-Law Enforcement/CEMC
DATE: March 16, 2023
REPORT: FR-03/23 SUBJECT: 2022 ANNUAL FIRE AND EMERGENCY SERVICES REPORT BACKGROUND
Annually, staff provide Council with a summary of Fire and Emergency Services operations. Attached hereto as Appendix ‘A’ is the 2022 Annual Fire & Emergency Services Report.
ATTACHMENTS 1. Annual Fire & Emergency Services Report RECOMMENDATION 1. THAT Report FR-03/23 re 2022 Annual Fire and Emergency Services
Report be received for information.
Respectfully submitted: Harry Baranik
Fire Chief/CEMC/By-Law B.A., CMM III Police Professional/Fire Services Executive, CEMC, CAFI
Reviewed by:
Thomas Thayer, CMO, AOMC CAO|Clerk
1
ANNUAL FIRE & EMERGENCY SERVICES REPORT
2
Contents
Introduction: ................................................................................................................................................. 3
Emergency Response: Calls for Service ....................................................................................................... 3
Emergency Response Types ......................................................................................................................... 4
Comparison of Number & Type of Calls for the Entire Department ........................................................ 4
Comparison of Number of Calls by Station Location: ............................................................................... 5
Comparison of Percentage of Response Type by Station ......................................................................... 7
Port Burwell - Station 1 ......................................................................................................................... 7
Straffordville – Station 2 ....................................................................................................................... 8
Fires ............................................................................................................................................................. 10
Medical Responses ..................................................................................................................................... 10
Other calls ................................................................................................................................................... 10
Training: ...................................................................................................................................................... 11
Equipment Upgrades: ................................................................................................................................. 11
Fire Safety Education: ................................................................................................................................ 12
Emergency Management: .......................................................................................................................... 12
2022 Budget: ............................................................................................................................................... 13
Conclusion: ................................................................................................................................................. 13
2023 Priorities ............................................................................................................................................ 14
3
Introduction:
The following is the 2022 Summary Report for the Bayham Fire and Emergency Services (BFES) and will
include the projects the Fire Service is working on for 2023. In the year 2022, it marked the return to
post COVID 19 operations. The BFES works hard to ensure that its mission is carried out in the safest
manor possible.
Mission
"The primary mission of the Bayham Fire Department is to provide a range of programs to
protect the lives and property of the inhabitants of the Municipality of Bayham from the adverse
effects of fires or exposure to dangerous conditions created by man or nature."
Emergency Response: Calls for Service
In 2022, the BFES responded to 179 calls for service which was significantly down from the previous year
of 202 calls for service. The chart below is a ten-year comparison of the total number of calls. The year
of 2022 returned to slightly above the 10 year average of 173 calls for service per year.
YEAR CALLS FOR SERVICE
2013 150
2014 164
2015 130
2016 155
2017 185
2018 204
2019 169
2020 193
2021 202
2022 179
150 164
130 155
185 204
169 193 202 179
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
CALLS FOR SERVICE
4
Emergency Response Types
Comparison of Number & Type of Calls for the Entire Department
The following is a three-year comparison of the different response types for the entire department.
It is interesting to note that although the overall volume of calls changed, the percentage relating to the
types of calls remained fairly constant.
15%
42%6%
8%
13%
10%
6%
Percentage of Calls for Service 2022
Fire 27
Medical 75
Technical Rescue 10
Public Hazard 15
Alarms - No Emergency 24
MVC 17
Other/Mutual Aid 11
5
Comparison of Number of Calls by Station Location:
The following is a three-year comparison of total number of calls per station for the year. The
percentage of response volume was almost evenly distributed between the two stations.
19%
33%
3%
11%
11%
16%
7%
Percentages of Calls For Service 2020
Fire 36
Medical 64
Technical Rescue 6
Public Hazard 22
Alarms - No Emergency 22
MVC 30
Other/Mutual Aid 13
47%
51%
2%
Comparison of Calls by Station for 2022
Port Burwell Stn No. 1 84
Straffordville Stn No. 2 91
Admin 4
6
Note: This comparison is by location of the first station tiered out and whose area the incident is. This
can be misleading due to the fact many calls are a two-station response.
43%
54%
3%
Comparison of Calls by Station for 2020
Port Burwell Stn No. 1 82
Staffirdville Stn No. 2 105
Admin 6
7
Comparison of Percentage of Response Type by Station
The following is a comparison of the response type by each station for the year.
Port Burwell - Station 1
12%
49%11%
12%
1%11%
4%
Percentage of Calls for Service in 2022
by the Port Burwell Station
Fire 10
Medical 43
Technical Rescue 9
Public Hazard 10
Alarms - No Emergency 1
MVC 9
Other/Mutual Aid 3
8
In review, the Port Burwell station had a slight increase in the Public Hazard category.
Straffordville – Station 2
4%
44%
4%
16%
16%
7%
10%
Percenatge of Calls for Service In 2020
for Port Burwell Station
Fire 4
Medical 36
Technical Rescue 3
Public Hazard 13
Alarms - No Emergency 13
MVC 6
Other/Mutual Aid 7
14%
36%
1%
6%
18%
18%
8%
Percentage of Calls for Service in 2022
by the Straffordville Station
Fire 13
Medical 32
Technical Rescue 1
Public Hazard 5
Alarms - No Emergency 16
MVC 16
Other/Mutual Aid 7
9
Station 2 remained steady in most categories with the exception of Fire’s which had a significant
decrease from 2021.
20%
30%
3%
10%
10%
23%
5%
Percentage of Calls for Service in 2020
by the Straffordville Station
Fire 21
Medical 31
Technical Rescue 3
Public Hazard 11
Alarms - No Emergency 10
MVC 24
Other/Mutual Aid 5
10
Fires
The BFES responded to 24 fire related calls in 2022. These numbers were slightly less than in the year for
2021. There was a significant decrease in the number of structure fires. The remaining categories remain
constant from last year.
Note: The category ‘Fire Calls’ includes structure fires, explosions which fire was involved, vehicles fires,
grass and wildland fires, unauthorized fireworks and responses where unauthorized burning and
authorized burning occur. Below is a comparison chart of the calls over the past three years:
There were two close calls as a result of overheating items that began to smoulder the surrounding
structures, however in both incidents, there was someone who detected the smoke and called the fire
department immediately resulting in very limited damage. During 2022, there were no fatalities.
However, one person was slightly injured in a fire. In this incident a fuel flashed ignited as it was left too
close to a wood stove.
In 2022, the estimated dollar loss relating to structural fires was reported to the OFM at $511,880 which
is roughly one third of the loss of $1,711,500 reported in 2020. The BFES remained assertive in their
aggressive attacks at fire scenes. This structure was saved with limited damage because of the quick call
from the home owner and the firefighters’ efforts
Medical Responses
The following three year comparison of Medical calls indicates that there was a slight decrease between
the years of 2022 and 2021. However, the number is within the three year average for medical calls.
Type 2022 2021 2020
Medical 75 80 64
Other calls
In 2022, BFES responded to a decline in motor vehicle collisions over the year. Many of these are on
Highway 3 / Talbot Line. It should be noted that the fire department continues to make claims to the
MTO when such claims are warranted. It should be noted that there were several serious MVC resulting
Type 2022 2021 2020
Structure 3 10 8
Vehicle 5 5 3
No Loss (Out Door) 5 5 7
Open Air Unauthorized 6 9 10
Overheating (No Fire) 5 3 2
Authorized Burning 0 1 6
Total 24 33 36
11
in fatalities and serious injury and that weather really was not a factor. Extrication was performed at
these incidents.
Type 2022 2021 2020
MVC &/or Extrication 17 25 30
Public Hazards responses remained constant. Like in the years of 2021 and 2020, there were one or two
storms which resulted in the majority of these type of calls. On December 23rd, the BFES responded to 4
incidents related to trees across the road and on hydro lines that resulted in those lines falling on the
road. Further, there were three alarm calls which were responded to because of personal generators
being place too close to an ajar door or window. This allowed CO to enter the structure and set off the
alarm. The calls began just after 4:20 p.m. and went to after 2:30 a.m. the following morning. This
turned out to be a three and a half day event until hydro was restored to the Port Burwell area. This
storm will be referenced later in the Emergency Measures portion of this report.
On August 9th, 2022, the BFES responded to a report of an overdue vessel believed last seen in the area
of the Port Burwell Harbour. Members of the BFES assisted in the search for three days mainly
remaining within their limits as stated in the Department’s Standard Operating Guideline.
Training:
Training returned to pre COVID 19 pandemic conditions.
In the spring of 2022, the Ontario Government announced O. Reg. 343/22 requiring firefighters to be
either approved under a legacy program or certified under the NFPA Standards for Fire Fighter Level I &
2 and Hazardous Materials Operations Level by July 1st, 2026. (Note to remain at a ‘full service level’ only
certification can be obtained. Further, “Grandfathering” which occurred in 2015 and later in 2018 is
accepted as being certified). All recruits trained and in the past two years are fully qualified once
successfully completed the Regional Training School. There are a modest amount of current firefighters
which will have to be certified due to their training was not recognized by the International Fire Service
Accreditation Congress (IFSAC).
As one recalls, in 2021, The Ontario Government announced the closing of the Ontario Fire College. To
replace the demand, Regional Training Centers (RTC) were established. The Elgin County – Middlesex
Regional Training Center began operation. The BFES continues enrolling their recruits and firefighters
into the intercounty training program at the RTC.
In the Spring of 2022, the Canadian Coast Guard provide a joint training exercise to members of the BFES
and included members of other Central Elgin Fire Department, the OPP, and the Coast Guards Auxiliary
teams in our area. This was followed up with a hands on training exercise in June on Lake Erie. This
training was utilized during the incident spoken above which occurred on August 9th, 2022.
Equipment Upgrades:
Wildland fires can be aggressive as they usually happen on windy days and require a lot of energy and
time to chase the fire in order to extinguish it before it reaches surrounding structures or vehicles.
Specialized light weight wildland firefighting equipment was purchased in 2021 for the Straffordville
station. In 2022, the Port Burwell station received theirs.
12
In 2021, Council acknowledged the need for the BFES to upgrade the fleet and allowed for the
purchasing of a new pumper for the Port Burwell Station. The Pumper was first promised by mid-year
2023. This has now been delayed until the first quarter of 2024. The good news was the RFP was
accepted as a secure bid. The new philosophy in requesting quotes is to commence the RFP process at
least two years before the purchase. However, pricing will not be secured.
Fire Safety Education:
As the COVID – 19 pandemic ended, the BFES was allowed to enter into schools and host public
education and fund raising events. In October, during Fire Prevention week, most schools in the
municipality were attended. They hosted two open houses which had record amounts of people
attending. Members of the fire BFES also attended several community events.
Emergency Management:
In 2022, the State of Emergency regarding the COVID 19 pandemic ended for both the Municipality of
Bayham and the County of Elgin.
Emergency Measures of Ontario (EMO) was separated from the OFM and was placed under the
direction of the Treasury Board of Ontario.
Deputy Clerk Megan Elliot worked diligently with staff updating the Municipality’s Emergency Response
Plan (ERP) and the contacts within the plan. After a meeting with the Municipality’s EMO advisor, advice
was given that the Emergency Response Plan did not require to go before Council each year unless there
were significant changes.
The required training and review of the ERP did take place in December 2022 with other municipalities
in Elgin County and County representatives. The focus of the training was on Cyber Attacks which
included how to limit exposure and what to do once exposed. The Municipality is investigating the
option of the Municipality having their own insurance coverage against such an attack.
As stated prior, on December 23, 2023, the Municipality of Bayham was struck with a winter storm
which included a significant amount of snow and high winds. In the evening of this event, Public Works
declared this as a Significant Road Event. As a result, due to safety of the public and their crews, road
plowing was halted unless needed to assist in the response to emergencies. The Fire Department
responded to down lines and trees on the roadway. A roof on Robinson Street had been blown off. The
storm caused a massive black out which led to a communications outage. The Municipality’s Emergency
Operations Control Group met (including virtually) several times. Although a State of Emergency was not
declared, it was agreed to open the Straffordville Community Centre as a Warming Shelter. Cots and
non-perishable food was delivered by Elgin County Social Services. Councillor Chilcott and her husband,
Dennis Chilcott, staffed the Warming Shelter.
The challenge became how to provide the information to those who were affected by the black out with
no communications. Fortunately, within 24 hours, the majority of Vienna and Straffordville came back
on line, however the residents of Port Burwell remained in the dark. Councillor Emmerson, Mayor
Ketchabaw and Fire Chief Baranik attended the two open businesses in the area advising of the
Warming Shelter in Straffordville. On Monday December 26, 2022, the Port Burwell Fire Station formerly
opened its doors. The majority of Port Burwell came on line later that day.
13
In January 2023, EOC met and discussed the good actions taken and those areas of need for
improvement. This event was utilized as the Municipality’s annual exercise for the year.
Lastly, the 2022 Municipal Emergency Response Preparedness Plan submission was completed and
submitted to the Ontario Government as to EMO’s policy. The plan was accepted placing the
Municipality in Good Standing.
2022 Budget:
In general, the BFES operated within its budget. The following are key points that affected the 2022
Budget:
• Revenues: Revenues exceeded their projected goals by almost a 300% mainly as a result of
collection of service charges.
• Volunteer Firefighter Remuneration: As the number of calls for service was lower than expected,
the remuneration required was lower than the budgeted amount.
• Communication Equipment Maintenance: The communication maintenance was the result of
repairs to the system, some are which still in progress. The Fire Chief did working with Bear
Comm., the system provider to ensure the system continue to meet the requirements of the
department.
• Vehicle Maintenance: Vehicle maintenance was over budget. One reason was because of the
new requirement for tires over 10 years to be replaced for safety certification. At approximately
$1,000 / tire, it is roughly $6,000 to replace the tires on most fire apparatus. When questioned
as to why, it was explained that the insurance company of the service centre insisted that the
tires be replaced based on age of the tire.
• Sundry: Sundry was over budget as many expenses at a fire scene were placed within this item
line. Through Fire Marque, the intent is to recover some of these costs, however that can take
over a year to do so.
Conclusion:
As a follow up to a Year End 2021 Report, the firefighter whose ankle was later found to be fractured
and had undergone two surgeries remained under the Municipality’s WSIB claim. He has undergone
significant training as he had lost his full time employment.
In 2022, the District Chief of the Port Burwell Station, Thomas Millard, retired and Captain Kevin Baker
was promoted to the position.
In 2022, the BFES held an awards night to recognize the members for their years of service and their
contribution to the community. Further, the event recognized retiring District Chief Millard for his
contribution to the BFES over his 40 years of service.
In 2022, the BFES had a recruitment drive. This drive resulted in six new firefighters. All but one are in
the Straffordville station area despite hosting an open house in the Port Burwell area. The BFES will
continue to seek new recruits in order to ensure the service to the Municipality. A firefighter was hired
who moved into the area who was a member of Central Elgin Fire Department and is a full time
Firefighter with the City of Oakville.
14
In 2022, challenges were identified by the Municipality’s Water/Waste Water department. Council
agreed to have a hydrant water flow study completed in the Fire Department’s Capital Budget. On
January 5th, 2023, the results of the tests were presented to Council in the report named: CAPITAL ITEM
NO. FD-02 – WATER FLOW SURVEY. A Standard Operating Guideline is currently being drafted to avoid
damaging the system or causing water shortages to the community.
In 2022, Council approved the use of Dry Hydrants and allotted monies for the installation of such
systems. At that time, it was believed that Public Works had the ability to install these hydrants,
however, the Director of Public works has advised they cannot do this. The Fire Chief is working with the
Director of Public Works to ascertain a contractor, which may result in an RFP to complete this project.
The Elgin County Fire Chiefs Association continues to meet bi-monthly. This has already proven
beneficial as the chiefs are being proactive in the municipal owned communications infrastructure and
the fire dispatch agreement. There is a sharing of reports between the chiefs. At the meetings, the chiefs
have had guests in different areas of expertise and services. Mutual Aid Meetings for all firefighters have
commenced once again.
In 2022, reports of Lithium Battery/ Electric Vehicle (E.V.) fires began to arise as they are becoming more
popular. Statistically, E.V.’s are not any more prone to catch on fire than the internal combustion engine
vehicles are. However, they take 20 – 30 times more in water to extinguish, foam should not be used,
and are extremely toxic if inhaled. The BFES responds to approximately 5 vehicle fires currently involving
internal combustion engines. As E.V.’s continue to increase, the chances of the BFES responding to such
an event increases. Lithium Battery fires are not just related to E.V.’s. Lithium Battery bicycle fires are
becoming more common. It is imperative, that the public be made aware, if one is not home, do not
leave their Lithium Battery products plugged for charging.
On a Personal Note: In August 2022, Fire Chief Baranik, who was and is a member of the Ontario
Association of Fire Chiefs Health and Safety Committee, was selected to be a member with the
Occupational Health and Safety Act’s Section 21 Committee. Section 21 Committees are authorized
under the Act to assist the Minister of Labour, Training and Skills Development Health regarding safety
concerns for the particular occupation they represent. This is a provincial committee comprised of
members from the Ontario Fire Marshal’s Office, Ministry of Labour, Ontario Professional Fire Fighters
Association, Fire Fighters Association of Ontario, Ontario Association of Fire Chiefs, Association of
Municipalities of Ontario, and Public Service Health and Safety Association. One of the tasks of the
committee is to produce Guidance Notes for fire departments in order they can draft Standard
Operating Guidelines that would make the Guidance Note more reflective to their community. It should
be noted that police and EMS also have such committees.
2023 Priorities
Some of the priorities for the BFES in 2023 include:
• Recruit Class: Successful completion of the recruit class and ensuring they are soon rolled into
the Pump Operators course.
• Mandatory Certifications: Prepare for the current proposed Mandatory Certification Regulation
under the Fire Protection and Prevention Act. This will include a review of all training records.
15
• Associations: Continue to develop relationships in those associations that can have a direct
positive impact with the BFES. These would include but not limited to the Canadian and Ontario
Association of Fire Chiefs, Ontario Municipal Fire Prevention Officers Association, the Ontario
Association of Fire Training Officers, and the Canadian and National Fire Investigation
Association. By being part of these associations allow for easy contact to people with expertise
in specific matters in order to respond to the needs of the community.
• Review of the BFES Standard Operating Guidelines (SOG): With the BFES’s Joint Health and
Safety Committee, initiate a review of the BFES’s SOG’s to ensure they are in line with the
Occupation Health and Safety Section 21 Guidelines. This will also include a review of the BFES
Cancer Prevention checklist.
• Recruitment: The BFES will host another recruit drive in early fall of 2023.
• Mutual Aid: Through the Elgin County Fire Chiefs Association, the County Fire Departments’
Mutual Aid meetings have been re-established. The next phase is to re-establish the County Fire
Prevention meetings.
• Finances: Continue to work with the Municipal Treasurer in order that future capital projects
can be identified, costed and listed in upcoming budgets. Continue to remain within the
operating budget as adopted by Council.
• Mandatory Reporting: Ensure legislative required reports are completed in a timely manner.
• Emergency Management: Work with staff to advertise and promote the use of the Voyent Alert
system in order that messaging from the Municipality be sent can out in a timely manner to the
community.
• O. Regulation 378/18 of the Fire Prevention and Protection Act – Community Risk Assessment:
Prepare the Community Risk Assessment that is required to be completed in 2024.
• Municipality of Bayham’s Establishing and Regulating By-Law: Prepare and present a renewed
Establishing and Regulating By-Law to Council
A-01/23
NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: GERHARD BLATZ LOCATION: MOBILE HOME LOT 15, 12 ELIZABETH STREET, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-01/23).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, March 16th, 2023 at 6:45 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Minor Variance to the Municipality of Bayham Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT.
THE PURPOSE of this variance is to grant relief from Section 12.7 Minimum Front Yard Depth and 12.9 Minimum Rear Yard Depth in the Mobile Home Park (MH-3) zone, to permit, for the
mobile home site known as Lot 15, front yard depth of 3.7 m (12.1 ft) whereas 6.0 m (19.7 ft) is the permitted minimum and to permit rear yard depth of 2.0 m (6.56 ft) whereas 6.0 m is the permitted minimum for a mobile home site. The lands are located at Grace Court Mobile Home Park at 12 Elizabeth Street, west side of Grace Court, south of Wellington Street in the village of Port Burwell.
THE EFFECT of this variance is to permit reduced front yard and rear yard depth to accommodate a mobile home that exceeds the available lot depth to accommodate required setbacks on a specific vacant mobile home site identified as Lot 15.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 3:00 pm on March 9, 2023 to be included in the meeting Agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make
written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario
Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
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 at the Municipal Office.
Dated at the Municipality of Bayham this 3rd day of March 2023.
Margaret Underhill Planning Coordinator/Deputy Clerk 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-02/23
NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: JESSE AND SARAH FROESE LOCATION: 55210 MAPLE GROVE LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-02/23). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on Thursday, March 16th, 2023 at 6:45 pm. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Minor Variance to Municipality of Bayham Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT.
THE PURPOSE of the variance is to permit the placement of one temporary/portable trailer on
the subject lands for the purpose of supplementary farm dwelling accommodations. The subject lands are located at 55210 Maple Grove Line, north side, west of Sandytown Road. THE EFFECT of this variance will be to allow the permitted use of a supplementary farm dwelling in accordance to the Supplementary Farm Dwelling policies of the Bayham Official Plan, in the form of one trailer with maximum floor area of 58.5 m2 (630 ft2) and to accommodate maximum
five (5) seasonal temporary workers on the subject lands. ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed amendment. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 3:00 pm on March 9, 2023 to be included in the meeting Agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
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 at the Municipal Office.
DATED at the Municipality of Bayham this 3rd day of March 2023.
Margaret Underhill Planning Coordinator/Deputy Clerk 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
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: March 16, 2023
REPORT: DS-13/23 FILE NO. C-07 / D09.23UNDER
Roll # 3401-000-008-07700 SUBJECT: Consent Application E4-23 Underhill, R & L
Surplus Farm Dwelling, 54190 Vienna Line
BACKGROUND: Consent application E4-23 was received from the Elgin County Land Division Committee
submitted by Randy and Linda Underhill proposing to sever a surplus farm dwelling parcel 0.47 hectares (1.2 acres) and retain 20.7+/- hectares (51.15 acres) in Concession 3 Part Lot 5, municipally known as 54190 Vienna Line. The subject lands are designated “Agriculture” and “Natural Gas Reservoir” on Schedule ‘A1’ Land Use of the Municipality of Bayham Official Plan. The lands are zoned Agricultural (A1) on Schedule ‘A1’ Map No. 10 of Zoning By-law No. Z456-2003.
Elgin County Land Division Committee will consider the application on March 22, 2023.
DISCUSSION:
The planner’s memorandum, dated March 9, 2023, analyzes the application subject to the Elgin County Official Plan, Planning Act, Municipality of Bayham Official Plan, and Zoning By-law. The memorandum explains why the proposal does not appear to be in conformity to Elgin County OP policy E1.2.3.1 d. or Planning Act Section 51(24) b) and not in conformity to Bayham OP Section 2.1.7.2. The property contains a dwelling, mobile home, and Quonset building/barn. The existing mobile home was placed on the property years ago to house seasonal farm workers. The mobile home and supplementary farm dwelling use are not permitted uses on a rural residential lot. One condition of the consent would be to require the removal of the mobile home.
One additional point to highlight is the proposed lot size does not conform to the Official Plan policies for surplus farm dwellings, where the lot is not to be larger than necessary to accommodate private water and sewer services. The severed parcel is proposed to be larger
than necessary in order to include the oversized Quonset building/barn existing at 4.5 times the
Staff Report DS-13/23 Underhill, R & L
permitted size in a rural residential zone. It is recommended that the oversized barn that appears to be in disrepair be removed and the proposed lot area be reduced to approximately
0.4 ha to be in conformity to the Official Plan. Listed recommended conditions include the requirement to remove the mobile home, to remove the oversized accessory Quonset building/barn, to reduce the size of the severed lot to be in conformity with the Bayham OP, to rezone both the severed parcel with site-specific regulations and the retained parcel to prohibit new dwellings, as well as other standard conditions for a surplus dwelling proposal. Should Council wish to support the proposed size of the severed parcel and the retention of the oversized accessory building with the severed/residential lot, additional conditions are recommended including: that the applicant obtain site-specific RR-XX zoning permission for
maximum existing accessory building floor area of approximate 431 m2 and to prohibit the keeping of livestock for the severed lands.
Staff and planner recommend Council’s support of the application with the listed conditions for the creation of a surplus farm dwelling parcel. ATTACHMENTS 1. Consent Application E4-23 Underhill, R & L 2. IBI Memorandum, dated March 9, 2023 RECOMMENDATION
THAT Report DS-13/23 regarding Consent Application E4-23 Underhill be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E4-23 be granted subject to the following conditions and considerations:
1. That the mobile home be removed from the severed parcel and the site condition restored to the satisfaction of the municipality 2. That the proposed severed lands configuration be revised to maximum lot area of
approximately 0.4 hectares in conformity to the Municipality of Bayham Official Plan policies for surplus farm dwellings where the lot is not to be larger than necessary to accommodate private water and sewer services
3. That the oversized accessory Quonset building/barn be removed completely and all debris removed and the site restored to the satisfaction of the municipality 4. Rezoning of the severed lot from Agricultural (A1) to Site-specific Rural Residential (RR-XX) Zone, including permission for reduced minimum front yard setback for the existing dwelling 5. Rezoning of the retained lands from Agricultural (A1) to Special Agricultural (A2) to prohibit new dwellings 6. That the owner purchase a civic number for the retained land 7. Planning Report fee payable to the municipality 8. Digital copy of the final survey provided to the municipality
Staff Report DS-13/23 Underhill, R & L
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk CAO|Clerk
Memorandum
To/Attention Municipality of Bayham Date March 9, 2023
From Paul Riley BA, CPT Project No 3404-885
cc William Pol, MCIP, RPP
Subject Underhill Farms Ltd. – 54190 Vienna Line – Application for Consent E4-23
1. We have completed our review of Consent application E4-23, submitted by
Underhill Farms Ltd. for lands located at 54190 Vienna Line, north side, west
side of Woodworth Road. The applicant is requesting a consent for the
severance of 0.47 hectares (1.16 acres) of land and to retain 20.7 hectares
(51.1 acres) of land. The intent is to create a residential lot containing an
existing dwelling surplus to the needs of the farm operation. The lands are
designated as ‘Agriculture’ and ‘Natural Gas Reservoir’ as per Schedule ‘A1’
Land Use of the Municipality of Bayham Official Plan and are zoned Agricultural
(A1) on Schedule ‘A1’ Map No. 10 of the Municipality of Bayham Zoning By-law
Z456-2003.
2. The proposed severed lot has lot frontage of 60.8 metres (200 feet) and lot
depth of 112 metres (367 feet). The proposed lands to be severed comprise a
single-detached dwelling, a supplementary farm dwelling in the form of a
portable mobile home and a quonset building/barn. The retained lands have lot
frontage of 369.4 metres (1,211.9 feet) and lot depth of 759.8 metres (2,942.8
feet). The lands to be retained are vacant and are farmed. The surrounding uses
in all directions are agricultural as well as two single-detached dwelling lots to
the north and two to the east across Woodworth Road.
3. There is an existing mobile home on the subject lands used for accommodations
of seasonal farm labourers. The mobile home and supplementary farm dwelling
use are not permitted uses on a rural residential lot, therefore, should the
Consent be granted the use must cease and the mobile home shall be removed.
4. Elgin County Official Plan (hereafter, ‘Elgin OP’) policies for Consent and Lot
Creation on Lands in the Agricultural Area are found in Section E1.2.3 New Lots
by Consent. Section E1.2.3 indicates that proposals for Consent shall be in
conformity with the relevant policies in the Elgin OP, the local Official Plan and
the provisions of the Planning Act.
IBI GROUP MEMORANDUM
Municipality of BayhamMunicipality of Bayham – March 9, 2023March 9, 2023
2
Elgin County OP Section E1.2.3.1 indicates that provisional consent may be
granted subject to appropriate conditions of approval for the severed and/or
retained lot and that prior to issuing provisional consent the approval authority
shall be satisfied that the lot to be retained and the severed lot shall:
a. Has frontage directly accessed by a municipal road maintained year-round:
the proposed severed and retained lots have adequate frontage on Vienna
Line.
b. Does not have direct access to a Provincial/County Road: Vienna Line is a
local road.
c. Does not create a traffic hazard: based on a desktop review, Vienna Line is
flat and straight at the frontage and there is an existing driveway to the
dwelling. An existing dwelling would not create additional traffic. No traffic
hazard is anticipated with the proposed consent.
d. Has adequate size and frontage for the proposed use in accordance to the
Zoning By-law: the proposed lots provide adequate frontage and exceed the
minimum lot area for the appropriate zones (RR and A2). However, the
proposed lot area of 0.47 ha is larger than necessary to accommodate
private services for residential use, with the typical lot size for Rural
Residential lots of 0.4 ha (0.98 acres). The inclusion of the Quonset building
area is the reason for the increased lot area. This building is larger than the
required maximum floor area in the Rural Residential (RR) zone. The
existing quonset has approximate floor area of 430 m2 (4,628 ft2) whereas
95 m2 (1,022.5 ft2) is the permitted maximum for an accessory building in the
RR zone, or approximately 4.5 times larger than the permitted maximum.
Furthermore, based on google streetview images and photos taken by staff
several weeks ago the building appears to be in a state of disrepair. The
Bayham Official Plan policies in Section 2.1.7 indicate that severed lands for
surplus farm dwelling severances should be no larger than necessary to
accommodate private water and sewer services, i.e. not for oversized
accessory buildings (discussed further in Section 5 below). We recommend
removal of the quonset building and the reduction of the proposed lot area
to approximately 0.4 ha to be in conformity to the Official Plan.
e. Zoning amendment or variance: discussed in paragraph “6.” Below.
f. Water and Sewer Services: the dwelling is serviced by private water services
(well). The application included a well evaluation report prepared by Wilson
Drilling Ltd., dated December 22, 2022, which concluded that the well
production and storage would be adequate to supply domestic drinking for a
household. Furthermore, a water quality test was provided which shows that
there was adequate water quality at the time of testing, January 17th, 2023.
IBI GROUP MEMORANDUM
Municipality of BayhamMunicipality of Bayham – March 9, 2023March 9, 2023
3
The owners have provided supporting private septic servicing information for
the existing septic system which was inspected by Chitters Septic Services/
The report indicates that the septic is in good working order.
g. Drainage Patterns: there are no other physical changes to the lands
proposed, therefore, no negative impacts to drainage patterns are
anticipated.
h. Potential restriction of future development and/or access: there is an existing
driveway and the proposed severed lands would not impede or restrict future
development or access for the retained lands.
i. Natural Heritage Features: there is no new construction occurring and no
sensitive natural features were identified on the subject lands on Schedule
“A2” Constraints of the Bayham Official Plan.
j. Quality and Quantity of Ground Water: the proposed consent will not have a
negative impact on local groundwater due to the existence of the dwelling
and private water services (well), and the retained lands will be prohibited
from adding additional dwellings which might have otherwise had a minor
impact to water quantity.
k. Natural Hazard: the proposed consent does not propose any physical
changes to the subject lands and the proposed residential lot is not within
proximity to any potential natural hazards, therefore, no adverse impacts are
created.
l. Local Official Plan: the Bayham OP is reviewed below.
m. Planning Act Section 51(24) Criteria: in reviewing the criteria it is evident that
the considerations of the criteria are addressed within the Elgin OP and
Bayham OP review portions of this memorandum. Planning Act Section
51(24) b) indicates that the severance should not be premature. The
proposal to retain the quonset building which is oversized in nature with the
severed/residential lands and results in a lot area that is larger than
necessary to accommodate private water and septic services appears to be
premature.
The proposal does not appear to be in conformity to Elgin County policy E1.2.3.1
d. or Planning Act Section 51(24) b), and discussed below is not in conformity to
Bayham OP Section 2.1.7.2.
5. The Municipality of Bayham Official Plan Section 2.1.7.1 includes the following
policy considerations:
IBI GROUP MEMORANDUM
Municipality of BayhamMunicipality of Bayham – March 9, 2023March 9, 2023
4
In the opinion of Municipal Council, a land use conflict shall not be created with
agricultural operations or other existing land uses in the immediate area of the
subject lands
Based on the existing nature of the dwelling it is not anticipated that the proposed
Consent will produce land use conflicts with any nearby land uses. However, a
significantly oversized residential accessory building may create conflict where
land use other than accessory storage to the primary residential dwelling is
possible.
Where a farm parcel with more than one existing dwelling is being consolidated
into a farm operation, only one dwelling may be severed from that farm parcel,
and no more than one severance of a surplus dwelling shall be allowed from an
original farm parcel regardless of changes in boundary or ownership
The lot configuration suggests that there has not been a previous severance from
the original farm parcel.
A minimum of one existing dwelling within the Municipality of Bayham must be
retained by the proponent farm operation, or a registered owner of the proponent
farm operation.
The applicant indicates the farm operation has a principal residence located at
52925 Nova Scotia Line in the Township of Malahide as well as a residence
located at 54970 Nova Scotia Line in the Mun. of Bayham.
The proposed consent is in conformity to the Official Plan in Section 2.1.7.1.
6. Bayham OP Section 2.1.7.2 to 2.1.7.4 provides considerations for the approval
and requirements for consent for surplus farm dwellings, to which the following
points address:
Section 2.1.7.2 Severed Lot:
a) No larger than necessary to accommodate private water and sewer
services: the lot is larger than necessary to accommodate the existing
private well and private septic, primarily based on the additional lot area
to include the Quonset building;
b) MDS provisions: the applicant indicates that there are no barns within
750 metres; and,
c) Be rezoned to a Rural Residential (RR) zone: the owner will be required
to rezone the severed lands to an RR zone.
Section 2.1.7.3 Severed Lot:
a) May include accessory buildings and structures if in the opinion of
Council a land use conflict will not be created: the size of the Quonset
IBI GROUP MEMORANDUM
Municipality of BayhamMunicipality of Bayham – March 9, 2023March 9, 2023
5
building is approximately 4.5 times larger than the required maximum
accessory building floor area in the RR zone. The building is larger than
necessary for the proposed accessory use to a residential dwelling.
Retaining the oversized accessory building also would require the lot to
be larger than necessary to accommodate private well and septic which
is the intended limit to the lot size for surplus farm dwellings in OP
Section 2.1.7.2 a). The building also appears to be in a state of disrepair.
We recommend the removal of the accessory building and revision to the
lot configuration to be no larger than approximately 0.4 ha.
b) Include accessory buildings and structures where the property has been
rezoned to prohibit the keeping of livestock: the oversized nature of the
Quonset building has been discussed above. If Council were to
recommend retaining the proposed lot configuration and oversized
accessory building then the rezoning should include the prohibition of the
keeping of livestock as part of a site-specific RR-xx zone for the severed
lands.
Section 2.1.7.4 Retained Lot:
a) Minimum lot area in the A1/A1-A zone: the retained lands have adequate
lot area in conformity to the minimum lot area in the A1 zone and future
Special Agriculture (A2) zone.
b) Be rezoned to prohibit new dwellings: the owner will be required to
rezone the retained lands to an A2 zone to prohibit new dwellings.
The proposed consent is not in conformity to the Municipality of Bayham Official
Plan based on the proposed severed lot being larger than necessary to
accommodate private well and septic, primarily as the result of proposal to retain
the oversized quonset building.
7. The severed parcel must be rezoned to a Rural Residential (RR) zone
consistent to the resulting residential use and Official Plan Section 2.1.7.2
policies for surplus farm dwellings. The existing dwelling has a front yard
setback of 10.56 metres (34.6 ft) whereas 15.0 metres (49.2 ft) is the required
minimum in the RR zone which would require a site-specific RR-xx zone to
recognize reduced minimum existing front yard setback.
The proposed accessory building floor area of 430 m2 is 4.5 times larger than
the required maximum accessory building floor area in the RR zone. We
recommend removal of the oversized accessory building, however, should
Council determine that it is appropriate to retain the oversized accessory
building with the residential use, then the site-specific RR-xx rezoning should
include maximum floor area for an existing accessory building of approximately
IBI GROUP MEMORANDUM
Municipality of BayhamMunicipality of Bayham – March 9, 2023March 9, 2023
6
430 m2. Furthermore, in order to avoid potential land use conflict if the oversized
accessory building were permitted to be retained then the site-specific RR-xx
zone should include prohibition of the keeping of livestock in accordance to
Bayham Official Plan Section 2.1.7.3.
The retained lands must be rezoned to a Special Agricultural (A2) zone to
prohibit new dwellings as per Official Plan Section 2.1.7.4. The proposed lot
configuration meets the minimum lot area and minimum frontage requirements
in the A2 zone.
8. Based on the above review of consent application E4-23, we recommend that
the oversized accessory building be removed from the lands and the proposed
severed lands configuration be revised to maximum lot area of approximately
0.4 hectares in conformity to the Bayham Official Plan policies for surplus farm
dwellings where the lot is not to be larger than necessary to accommodate
private water and sewer services.
Otherwise, we have no objection to the proposal for a surplus farm dwelling
severance with reduced minimum front yard setback for the existing dwelling
with the following Conditions:
a) That the owner obtains approval of a zoning by-law amendment to change
the zoning of the severed lands from an Agricultural (A1) zone to a site-
specific Rural Residential (RR-xx) Zone, including permission for reduced
minimum front yard setback for the existing dwelling.
b) That the owner obtains approval of a zoning by-law amendment from an
Agricultural (A1) zone to a Special Agricultural (A2) Zone to prohibit new
dwellings for the retained lands.
c) That the owner provides a Planning Report Fee payable to the Municipality
of Bayham.
d) That the owner provides a digital copy of a survey of the subject lands.
e) That the applicant apply to and pay all fees to the Municipality with respect
to Civic Addressing/signage for the retained lot.
f) That the applicant/owner remove the temporary mobile home used as
supplementary farm dwelling accommodations for seasonal farm labourers
prior to registration of the proposed lot.
Furthermore, should Council approve the retention of the oversized accessory
building with the severed/residential lot, the following additional Conditions are
recommended:
IBI GROUP MEMORANDUM
Municipality of BayhamMunicipality of Bayham – March 9, 2023March 9, 2023
7
a) That the applicant obtain site-specific RR-xx zoning permission for maximum
existing accessory building floor area of approximately 431 square metres
for the severed lands;
b) That the applicant obtain site-specific RR-xx zoning to prohibit the keeping
of livestock for the severed lands.
Paul Riley
IBI Group
Paul Riley Consulting Planner to the
Municipality of Bayham
Page 1 of 1
February 22, 2023
Office of the Warden Corporation of the County of Huron 1 Courthouse Square Goderich, ON N7A 1M2
Dear Mr. McNeil, Warden:
Re: Corporation of the County of Huron – Call to Action: Review of the Cannabis Act
Please be advised that, at its meeting of February 14, 2023 the Council of The Corporation of the City of Port Colborne resolved as follows:
That correspondence received from the Corporation of the County of Huron regarding
Call to Action: Review of the Cannabis Act, be supported.
A copy of the above noted resolution is enclosed for your reference.
Sincerely,
Nicole Rubli Acting City Clerk
Cc: Federation of Canadian Municipalities (FCM)
All Municipalities in Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Premier of Ontario Provincial Minister of the Environment, Conservation and Parks
Provincial Minister of Agriculture
Provincial Minister of Municipal Affairs and Housing Member of Parliament Federal Minister of Agriculture and Agri-Food Federal Minister of Health
Municipal Offices: 66 Charlotte Street
Port Colborne, Ontario L3K 3C8 · www.portcolborne.ca
T 905.835.2900 ext 106 F 905.834.5746
E nicole.rubli@portcolborne.ca
Development and Legislative Services
OFFICE OF THE WARDEN
Corporation of the County of Huron
1 Courthouse Square
Goderich, Ontario N7A 1M2
www.HuronCounty.ca
Phone: 519.524.8394
Toll Free: 1.888.524.8394
Page 1 of 3
February 1, 2023
Sent via email.
Re: Call to Action: Review of the Cannabis Act
Please note that on February 1, 2023 Huron County Council passed the following
motion:
Moved by: Councillor G. Finch and Seconded by: Councillor M. Anderson
THAT:
The Council of the County of Huron approve the report by CAO Meighan Wark dated
February 1, 2023 titled Report to Council: Cannabis Act Information as presented;
AND FURTHER THAT:
The Council of the County of Huron advocate for improvements to the Cannabis Act
and current legislative framework for cannabis in Canada by sending the report titled
Report for Council: Cannabis Act Information, including the correspondence found in
the appendices, to the Western Ontario Warden’s Caucus (WOWC) for discussion and
consideration;
AND FURTHER THAT:
The Council of the County of Huron approve forwarding Call to Action Letters to the
following for support:
• Federation of Canadian Municipalities (FCM)
• All Municipalities in Ontario
• Ministry of Agriculture, Food and Rural Affairs (OMAFRA)
• Premier of Ontario
• Provincial Minister of the Environment, Conservation and Parks
• Provincial Minister of Agriculture
• Provincial Minister of Municipal Affairs and Housing
• Member of Parliament
• Federal Minister of Agriculture and Agri-Food
• Federal Minister of Health
CARRIED
The County of Huron calls for a review and amendments to the Cannabis Act and the
current legislative framework for cannabis in Canada.
To be clear, the County of Huron is not against or opposed to cannabis and we
appreciate the role that both the federal and provincial governments provide in
assisting municipalities. However, when new legislation is implemented, it is often at
the municipal level that the impacts of change can be observed, and notations can be
made for areas of improvement. It is vital that municipal governments pay attention
and provide information and recommendations to higher levels of government so
that continual improvements can be made over time.
It is in this spirit that we provide the following recommendation:
As a municipal government for one of Canada’s most agriculturally productive regions
and a popular tourism destination, we have been in the position to observe the last
several years of legal cannabis production under the Cannabis Act as managed by
Health Canada.
Under the current legislative and regulatory framework, we have observed, and
continue to observe, serious odour impacts on local communities and residents from
cannabis production facilities; including concerns from local medical practitioners
about these impacts. Most often, these odour impacts arise from properties used for
‘The Production of Cannabis for Own Medical Purposes by a Designated Person’.
In our local municipal experience, these facilities are often established without
complying with local municipal zoning and nuisance by-laws, often contain hundreds
of cannabis plants for each of the four assigned individuals, and usually do not include
adequate odour controls to manage impacts on surrounding homes, public facilities,
and the community at large.
To help manage public impacts of cannabis production facilities, we request that all
production facilities, including facilities used by a designated person to produce
cannabis for an individual’s medical purposes, to require confirmation from the local
municipality that the facility/site selected complies with all local municipal by-laws
and regulations prior to an application being approved by Health Canada. We also
request that Health Canada implement a system of minimum setbacks between
cannabis production facilities and sensitive odour receptors, including homes and
public facilities.
As an agricultural community, we have had extensive experience with the Ontario
Ministry of Agriculture, Food and Rural Affairs' Minimum Distance Separation (MDS)
Formula, an approach which has been used to successfully manage land use conflicts
resulting from odour between livestock facilities and sensitive receptors for almost
50 years. We believe a system based on MDS would be appropriate to manage the
impacts of Health Canada’s approved cannabis facilities, including both licensed
commercial producers and designated growers for individuals.
In conclusion, we strongly recommend further notice and enhanced consultation with
municipal governments when drafting and implementing legislation and regulations
related to cannabis production, as there is a direct impact on local municipal
operations, local residents, and in some cases, serious issues of non-compliance with
local municipal by-laws.
Sincerely,
Glen McNeil
Warden, Huron County
On behalf of Huron County Council
1Report for Council: Cannabis Act Information
January 2023
Report for Council:
Cannabis Act Information
Prepared: January 2023
2Report for Council: Cannabis Act Information
January 2023
Contents
3 Background
3 Cannabis Act: Information For Municipalities
3 1. Licensed Producers
4 2. Personal and Designated Production
5 Community Expressed Concerns
5 Impact to the Municipality
5 Advocacy Efforts to Date
6 Recommendations for Further Advocacy
6 Call to Action Letter
6 Report for Council: Cannabis Act Information (this report)
6 Further Resources
6 The Cannabis Act: The Facts
6 The Cannabis Act
6 Cannabis Information for Municipalities
6 Ontario: Cannabis Control Act
7 Correspondence Received by Council
7 Correspondence to Council, January 2023: Bonnie Shackelton
7 Appendix A
7 Appendix B
3Report for Council: Cannabis Act Information
January 2023
Background
On January 18, 2023, Huron County Council passed the following motion:
THAT:
The Council of the County of Huron request staff to prepare a report for Council on
the Federal Cannabis Legislation Review with recommendations on options for Huron
County to address their concerns with this legislation.
Cannabis Act: Information For Municipalities
According to The Government of Canada’s Information for Municipalities - Medical Use
of Cannabis there are two approved ways medical cannabis can be grown: Licensed
Producers and Personal and Designate Production
1. Licensed Producers
Licensed producers are individuals or companies licensed by Health Canada to
produce and sell cannabis for medical purposes. Licensed producers must meet
stringent health and safety security requirements before producing and selling
cannabis.
When applying to be a licensed producer under the Access to Cannabis for Medical
Purposes Regulations (ACMPR), or when applying to amend a licence, an applicant
must notify:
• The municipality
• Local fire officials
• Local law enforcement
Licensed producers must also notify these local authorities, within 30 days, after
the issuance of a licence or the renewal, amendment, suspension, reinstatement, or
revocation of their licence. These notification requirements are intended to provide
local authorities with information about activities with cannabis conducted in their
jurisdiction to allow them to take appropriate measures, as applicable.
Licensed producers are expected to obey all relevant federal, provincial and municipal
laws and by-laws, including municipal zoning by-laws.
4Report for Council: Cannabis Act Information
January 2023
2. Personal and Designated Production
If a person wants to produce a limited amount of cannabis for his/her own medical
purposes, he/she needs to register with Health Canada. He/she can also choose to
designate another person to produce a limited amount of cannabis for him/her. A
person can produce a limited number of marijuana plants under a maximum of two
registrations (for one other person and him/herself, or two other people). Marijuana
plants may be produced under a maximum of four registrations at one address.
A registered or designated person is permitted to produce marijuana plants indoors
and/or outdoors, but not both at the same time. If a person wishes to produce
marijuana plants outdoors, the boundary of the land on which the production site is
located cannot have any points in common with the boundary of the land on which a
school, public playground, day care facility or other public place frequented mainly by
persons under 18 years of age.
The number of plants a person can grow is determined by the daily amount
recommended by their health care practitioner and a set of formulas in the
regulations.
Health Canada also recommends that registered and designated persons be discreet
with their production.
Individuals who are registered with Health Canada to produce a limited amount
of cannabis for medical purposes are expected to obey all federal, provincial and
municipal laws and by-laws.
5Report for Council: Cannabis Act Information
January 2023
Community Expressed Concerns
Recently, some concerns regarding the Cannabis Act and local growing practices have
been expressed by community members. Some of the topics of concern expressed
have included:
• Excessive noise produced by ventilation units
• Serious odour impacts from production
• Health concerns from neighbouring property owners
• Questions regarding zoning requirements for Cannabis operations, particularly in
regards to areas zoned residential
• The current lack of a Minimum Distance Separation (MDS) between licensed
facilities/designate growers, and homes, public facilities
Impact to the Municipality
Community concerns regarding the Cannabis Act have an impact on the municipality.
These impacts include the costs associated with Council and staff time and legal fees.
There is also a potential for community disruption pertaining to licenses issued under
the Federal Medical Cannabis Registration process.
It is important to note that the municipality’s concerns expressed in this report are
not against or opposed to cannabis. The County of Huron appreciates the role that
both the federal and provincial governments provide in assisting municipalities.
However, when new legislation is implemented, it is often at the municipal level
that the impacts of change can be observed and notations can be made for areas
of improvement. It is vital that municipal governments pay attention and provide
information and recommendations to other levels of government so that continual
improvements can be made over time.
Advocacy Efforts to Date
On October 5, 2022 a letter was sent to the Cannabis Act Legislative Review
Secretariat of Health Canada. The letter offered requested feedback on the Cannabis
Act and a recommendation for a Minimum Distance Separation to protect residential
areas.
See Appendix A.
6Report for Council: Cannabis Act Information
January 2023
Recommendations for Further Advocacy
Report for Council: Cannabis Act Information (this report)
Further advocacy could be accomplished by sending this report, including the
correspondence found in the appendices, to the Western Ontario Warden’s Caucus
(WOWC) for discussion and consideration.
A Call to Action Letter could be sent on behalf of WOWC, and all WOWC member
municipalities could be invited to send similar letters to the agencies and individuals
outlined below.
Call to Action Letter
A sample Call to Action Letter for Huron County can be found in Appendix B. Once
approved by Council, letters could be sent to:
Federation of Canadian Municipalities (FCM)
All Municipalities in Ontario
Ministry of Agriculture, Food and Rural Affairs (OMAFRA)
Premier of Ontario: Doug Ford
Provincial Minister of the Environment, Conservation and Parks: David Piccini
Provincial Minister of Agriculture: Lisa Thompson
Provincial Minister of Municipal Affairs and Housing: Steve Clark
Member of Parliament: Ben Lobb
Federal Minister of Agriculture and Agri-Food: Marie-Claude Bibeau
Federal Minister of Health: Jean-Yes Duclos
7Report for Council: Cannabis Act Information
January 2023
Further Resources
The Cannabis Act: The Facts
https://www.canada.ca/en/health-canada/news/2018/06/backgrounder-the-cannabis-
act-the-facts.html
The Cannabis Act
https://laws-lois.justice.gc.ca/eng/annualstatutes/2018_16/FullText.
html#:~:text=The%20objectives%20of%20the%20Act,operating%20outside%20
the%20legal%20framework
Cannabis Information for Municipalities
https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/
information-municipalities.html
Ontario: Cannabis Control Act
https://www.ontario.ca/laws/statute/17c26
Correspondence Received by Council
Correspondence to Council, January 2023: Bonnie Shackelton
https://agendas.huroncounty.ca/agendapublic/AttachmentViewer.
ashx?AttachmentID=7134&ItemID=5394
Appendix A
Copy of the letter sent to the Cannabis Act Legislative Review Secretariat of Health
Canada on October 5, 2022
Appendix B
Sample Call to Action Letter
OFFICE OF THE WARDEN
Corporation of the County of Huron
1 Courthouse Square
Goderich, Ontario N7A 1M2
www.HuronCounty.ca
Phone: 519.524.8394
Toll Free: 1.888.524.8394
Page 1 of 2
October, 5, 2022
To: Cannabis Act Legislative Review Secretariat
Health Canada
Address locator 0302I
Ottawa, Ontario
K1A 0K9
On October 5, 2022, Huron County Council passed the following motion:
THAT:
The Council of the County of Huron send correspondence to Health Canada
requesting consultation when implementing legislation on cannabis regulation as
there is a direct impact on municipal operations and sometimes non compliancy to
municipal by-laws;
AND FURTHER THAT:
The Council of the County of Huron recommends the inclusion of a system of
Minimum Distance Separation to protect residential areas;
AND FURTHER THAT:
This correspondence be circulated to Huron County local municipalities for support.
Thank you for requesting feedback on the Cannabis Act and the current legislative
framework for cannabis in Canada. As a municipal government for one of Canada’s
most agriculturally productive regions, and a popular tourism destination, we have
been in the position to observe areas for improvement during the last several years of
legal cannabis production under the Cannabis Act as managed by Health Canada.
Under the current legislative and regulatory framework, we have observed, and
continue to observe, serious odour impacts on local communities and residents from
cannabis production facilities; including concerns from local medical practitioners
about these impacts. Most often, these odour impacts arise from properties used for
‘The Production of Cannabis for Own Medical Purposes by a Designated Person’.
In our local municipal experience, these facilities are often established without
complying with local municipal zoning and nuisance by-laws, often contain hundreds
of cannabis plants for each of the four assigned individuals, and usually do not include
adequate odour controls to manage impacts on surrounding homes, public facilities,
and the community at large.
To help manage public impacts of cannabis production facilities, we request that all
production facilities, including facilities used by a designated person to produce
cannabis for an individual’s medical purposes, require confirmation from the local
municipality that the facility/site selected complies with all local municipal by-laws
and regulations prior to an application being approved by Health Canada. We also
request that Health Canada implement a system of minimum setbacks between
cannabis production facilities and sensitive odour receptors, including homes and
public facilities.
As an agricultural community we have had extensive experience with the Ontario
Ministry of Agriculture, Food and Rural Affairs Minimum Distance Separation (MDS)
Formula, an approach which has been used to successfully manage land use conflicts
resulting from odour between livestock facilities and sensitive receptors for almost
fifty years. We believe a system based on MDS would be appropriate to manage the
impacts of Health Canada’s approved cannabis facilities, including both licensed
commercial producers and designated growers for individuals.
In conclusion, we strongly recommend enhanced consultation with municipal
governments and request further notice and consultation with the County of Huron
when drafting and implementing legislation and regulations dealing with matters
related to cannabis production, as there is a direct impact on local municipal
operations, local residents, and in some cases serious issues of non-compliance with
local municipal by-laws.
Sincerely,
Glen McNeil
Warden, Huron County
On behalf of Huron County Council
OFFICE OF THE WARDEN
Corporation of the County of Huron
1 Courthouse Square
Goderich, Ontario N7A 1M2
www.HuronCounty.ca
Phone: 519.524.8394
Toll Free: 1.888.524.8394
Page 1 of 2
{insert date}
To: {insert recipient}
Re: Call to Action: Review of the Cannabis Act
On {insert date}, Huron County Council passed the following motion:
THAT:
{insert motion}
AND FURTHER THAT:
{insert motion}
The County of Huron calls for a review and amendments to the Cannabis Act and the
current legislative framework for cannabis in Canada.
To be clear, the County of Huron is not against or opposed to cannabis and we
appreciate the role that both the federal and provincial governments provide in
assisting municipalities. However, when new legislation is implemented, it is often at
the municipal level that the impacts of change can be observed, and notations can be
made for areas of improvement. It is vital that municipal governments pay attention
and provide information and recommendations to higher levels of government so
that continual improvements can be made over time.
It is in this spirit that we provide the following recommendation:
As a municipal government for one of Canada’s most agriculturally productive regions
and a popular tourism destination, we have been in the position to observe the last
several years of legal cannabis production under the Cannabis Act as managed by
Health Canada.
Under the current legislative and regulatory framework, we have observed, and
continue to observe, serious odour impacts on local communities and residents from
cannabis production facilities; including concerns from local medical practitioners
about these impacts. Most often, these odour impacts arise from properties used for
‘The Production of Cannabis for Own Medical Purposes by a Designated Person’.
Page 2 of 2
In our local municipal experience, these facilities are often established without
complying with local municipal zoning and nuisance by-laws, often contain hundreds
of cannabis plants for each of the four assigned individuals, and usually do not include
adequate odour controls to manage impacts on surrounding homes, public facilities,
and the community at large.
To help manage public impacts of cannabis production facilities, we request that all
production facilities, including facilities used by a designated person to produce
cannabis for an individual’s medical purposes, to require confirmation from the local
municipality that the facility/site selected complies with all local municipal by-laws
and regulations prior to an application being approved by Health Canada. We also
request that Health Canada implement a system of minimum setbacks between
cannabis production facilities and sensitive odour receptors, including homes and
public facilities.
As an agricultural community, we have had extensive experience with the Ontario
Ministry of Agriculture, Food and Rural Affairs' Minimum Distance Separation (MDS)
Formula, an approach which has been used to successfully manage land use conflicts
resulting from odour between livestock facilities and sensitive receptors for almost
50 years. We believe a system based on MDS would be appropriate to manage the
impacts of Health Canada’s approved cannabis facilities, including both licensed
commercial producers and designated growers for individuals.
In conclusion, we strongly recommend further notice and enhanced consultation with
municipal governments when drafting and implementing legislation and regulations
related to cannabis production, as there is a direct impact on local municipal
operations, local residents, and in some cases, serious issues of non-compliance with
local municipal by-laws.
Sincerely,
Glen McNeil
Warden, Huron County
On behalf of Huron County Council
The Corporation of the Town of Grimsby Administration
Office of the Town Clerk
160 Livingston Avenue, Grimsby, ON L3M 0J5 Phone: 905-945-9634 Ext. 2171 | Fax: 905-945-5010 Email: bdunk@grimsby.ca February 24, 2023 SENT VIA E-MAIL
Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1
Attention: Doug Ford, Premier Dear Mr. Ford
RE: Barriers for Women in Politics
Please be advised that the Council of the Corporation of the Town of Grimsby at its meeting
held on February 21, 2023 passed the following resolution:
C-23-055
Moved by: Councillor DiFlavio; Seconded by: Councillor Freake
WHEREAS, the Town of Grimsby values equality and inclusivity in all areas of life, including
politics;
WHEREAS, women have historically been underrepresented in politics, and continue to
face barriers and discrimination in their pursuit of elected office;
WHEREAS, misogyny and harassment have been identified as significant challenges for
women in politics, both in Canada and around the world;
WHEREAS, the Town of Grimsby believes that all individuals have the right to participate in
a political environment that is free from discrimination, harassment, and misogyny;
THEREFORE, BE IT RESOLVED, that the Town of Grimsby expresses its support for
women in politics and their right to participate in a political environment that is free from
misogyny and harassment, and where everyone feels equal.
BE IT FURTHER RESOLVED, that the Town of Grimsby commits to taking steps to ensure
that our political environment is inclusive and welcoming to all individuals, regardless of
gender, race, ethnicity, religion, sexual orientation, or other identity factors.
BE IT FURTHER RESOLVED, that the Town of Grimsby encourages other municipalities in
Ontario and across Canada to join us in supporting women in politics and promoting gender
equality in all areas of society.
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to all Ontario
Municipalities for endorsement, the Premier of Ontario, the Minister of Municipal Affairs and
Housing, Grimsby's MP and MPP, and the Association of Municipalities of Ontario to
express the Town of Grimsby's commitment to this issue and encourage action at the
provincial level to create legislation to ensure equality, safety, and security.
UNANIMOUSLY CARRIED
If you require any additional information, please let me know.
Regards,
Bonnie Nistico-Dunk Town Clerk cc. All Ontario Municipalities Steve Clark, Minister of Municipal Affairs and Housing Dean Allison, MP – Niagara West Sam Oosterhoff, MPP – Niagara West Association of Municipalities of Ontario
1
760 Peterborough County Road 36, Trent Lakes, ON K0M 1A0 Tel 705-738-3800 Fax 705-738-3801
February 28, 2023 Via email only To: The Honourable Steve Clark, Minister of Municipal Affairs and Housing
minister.mah@ontario.ca The Honourable Doug Ford, Premier of Ontario doug.fordco@pc.ola.org The Honourable Dave Smith, MPP Peterborough-Kawartha dave.smithco@pc.ola.org
The Honourable Michelle Ferreri, MP Peterborough-Kawartha michelle.ferreri@parl.gc.ca Curve Lake First Nation audreyp@curvelake.ca The Association of Municipalities Ontario
amo@amo.on.ca Re: Oath of Office Please be advised that during their Regular Council meeting held February 21, 2023, Council passed the following resolution: Resolution No. R2023-119 Moved by Councillor Franzen
Seconded by Deputy Mayor
Armstrong
Whereas most municipalities in Ontario have a native land acknowledgement in their opening ceremony; and
Whereas a clear reference to the rights of Indigenous people is the aim of advancing Truth and Reconciliation; and
Whereas Call to Action 94 of the Truth and Reconciliation Commission of Canada called upon the Government of Canada to replace the wording of the Oath of Citizenship to include the recognition of the laws of Canada including Treaties with Indigenous Peoples; and
Whereas on June 21, 2021 an Act to amend The Citizenship Act received royal
assent to include clear reference to the rights of Indigenous peoples aimed at
advancing the Truth and Reconciliation Commission’s Calls to Action within the broader reconciliation framework; and
2
Whereas the Truth and Reconciliation Commission of Canada outlines specific calls to action for municipal governments in Canada to act on, including
education and collaboration;
Therefore be it resolved that Council request to the Minister of Municipal Affairs and Housing that the following changes be made to the municipal oath of office: I will be faithful and bear true allegiance to His Majesty King Charles III and that I will faithfully observe the laws of Canada including the Constitution, which
recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Metis peoples; and further
That this resolution be forwarded to the Association of Municipalities of Ontario (AMO), all Ontario municipalities, MPP Dave Smith, MP Michelle Ferreri, Premier Doug Ford and Curve Lake First Nation.
Carried. Sincerely,
Mayor and Council of the Municipality of Trent Lakes
Cc: All Ontario municipalities
MUNICIPALITY OF DUTTON DUNWICH
Council Meeting
Resolution
Number
2023.07.35
Date:March 8, 2023
Moved by:H. Dryfhout
Seconded by:C. Pemberton
WHEREAS the Province of Ontario review the Provincial Policy Statement, 2020 (PPS)
under the Planning Act; and
WHEREAS unique situations include land that is unfarmable, where habitable dwelling had
existed but due to uncontrollable situations, the dwelling had been removed or where
property had merged on title unintentionally; and
WHEREAS opportunities to create residential lots in the prime agricultural area will help to
ensure the sustainability of the rural area while still protecting the farmable land.
NOW THEREFORE the Council of the Municipality of Dutton Dunwich requests that as part
of the review of the Provincial Policy Statement, more flexibility be provided to lower and
upper tier municipalities as part of lot creation (S 2.3.4) to permit for new buildable
residential lots in the prime agricultural area, when there are unique situations; and
FURTHER THAT a copy of this resolution be forwarded to Rob Flack, MPP, Karen Vecchio
MP, Elgin County, and its lower-tier municipalities.
Motion:CARRIED
The Corporation of the Town of Cobourg
Legislative Services Department
Victoria Hall
55 King Street West
Cobourg, ON K9A 2M2
Brent Larmer Municipal Clerk/ Director of Legislative Services Telephone: (905) 372-4301 Ext. 4401 Email: blarmer@cobourg.ca Fax: (905) 372-7558
SENT VIA EMAIL March 2, 2023 David Piccini, Member of Provincial Parliament Hon. Doug Ford, Premier
Hon. Steve Clark, Minister of Municipal Affairs and Housing
Hon. Merrilee Fullerton, Minister of Children, Community and Social Services Hon. Sylvia Jones, Minister of Health Re: Town of Cobourg Resolution – Homeless and Unsheltered Persons
At a meeting held on February 27, 2023, the Municipal Council of the Town of Cobourg approved the following Resolution #045-23: Homeless and Unsheltered Persons
Moved by Deputy Mayor Nicole Beatty Seconded by Councillor Adam Bureau WHEREAS at the Regular Council meeting on February 27, 2023, Council considered a Delegation Action from the Committee of the Whole meeting on February 21, 2023, regarding Homelessness and Unsheltered Residents with an understanding and appreciation of the impacts and importance of the issue of homelessness has to the local community; and WHEREAS the Town of Cobourg acknowledges that there are complex issues which can be presented through the challenges of homelessness and a lack of transitional and affordable housing, which are most significantly felt at the local level on a daily basis; and therefore have a measurable and detrimental impact on the well-being of all citizens of the Town of Cobourg; and
WHEREAS the Town of Cobourg does not have the resources, capacity or tools to
address these complex challenges without the partnership of the designated
service providers being the County of Northumberland, and the Province of
Ontario;
NOW THEREFORE BE IT RESOLVED THAT Council acknowledges that
homelessness in the Town of Cobourg is a social, economic and health crisis; and
FURTHER THAT Council requests the support of the County of Northumberland
as the regional service manager and facilitator of the Community Safety and Well-
Being Taskforce by including Cobourg representatives and people with lived
experience on it in an effort to address the local issues of homelessness in the
Town of Cobourg; and
The Corporation of the Town of Cobourg
Legislative Services Department
Victoria Hall
55 King Street West
Cobourg, ON K9A 2M2
Brent Larmer Municipal Clerk/ Director of Legislative Services Telephone: (905) 372-4301 Ext. 4401 Email: blarmer@cobourg.ca Fax: (905) 372-7558
FURTHER THAT Council requests a need for immediate action from the Province of Ontario to develop, resource and implement a comprehensive plan to prevent,
reduce and ultimately end homelessness in Ontario; and,
FURTHER THAT Council invites the delegates to submit their presentations to the
Northumberland County Social Services Standing Committee and County Council
and member municipalities; and
FURTHER that a copy of this motion be sent to all Northumberland County Lower-
Tier municipalities for support; and
FURTHER THAT that a copy of this motion be sent to Premier Doug Ford, MPP
David Piccini, the Minister of Municipal Affairs and Housing; the Minister of
Children, Community and Social Services, the Minister of Health, HKPR Board of
Health, the Association of Municipalities of Ontario (AMO) and all 444
municipalities in Ontario.
045-23 Carried
If you have any questions regarding this matter, please do not hesitate to contact the undersigned at blarmer@cobourg.ca or by telephone at (905)-372-4301 Ext. 4401.
Sincerely,
Brent Larmer Municipal Clerk/Director of Legislative Services Returning Officer
Legislative Services Department
The Corporation of the Town of Cobourg Resolution
Moved By
Deputy Mayor Nicole Beatty
Resolution No.:
Last Name Printed BEATTY 045-23
Seconded By
Councillor Adam Bureau Council Date:
Last Name Printed BUREAU February 27, 2023
WHEREAS at the Regular Council meeting on February 27, 2023, Council considered a Delegation Action from the Committee of the Whole meeting on February 21, 2023, regarding Homelessness and Unsheltered
Residents with an understanding and appreciation of the impacts and
importance of the issue of homelessness has to the local community; and
WHEREAS the Town of Cobourg acknowledges that there are complex
issues which can be presented through the challenges of homelessness and a lack of transitional and affordable housing, which are most significantly felt at the local level on a daily basis; and therefore have a measurable and detrimental impact on the well-being of all citizens of the Town of Cobourg; and
WHEREAS the Town of Cobourg does not have the resources, capacity or
tools to address these complex challenges without the partnership of the
designated service providers being the County of Northumberland, and the
Province of Ontario;
NOW THEREFORE BE IT RESOLVED THAT Council acknowledges that homelessness in the Town of Cobourg is a social, economic and health crisis; and FURTHER THAT Council requests the support of the County of Northumberland as the regional service manager and facilitator of the Community Safety and Well-Being Taskforce by including Cobourg
representatives and people with lived experience on it in an effort to
address the local issues of homelessness in the Town of Cobourg; and
FURTHER THAT Council requests a need for immediate action from the Province of Ontario to develop, resource and implement a comprehensive plan to prevent, reduce and ultimately end homelessness in Ontario; and,
FURTHER THAT Council invites the delegates to submit their presentations to the Northumberland County Social Services Standing Committee and County Council and member municipalities; and FURTHER that a copy of this motion be sent to all Northumberland County Lower-Tier municipalities for support; and
FURTHER THAT that a copy of this motion be sent to Premier Doug Ford,
MPP David Piccini, the Minister of Municipal Affairs and Housing; the
Minister of Children, Community and Social Services, the Minister of
Health, HKPR Board of Health, the Association of Municipalities of Ontario (AMO) and all 444 municipalities in Ontario.
Recorded vote requested by Councillor Adam Bureau
For Against Absent
Councillor Adam Bureau X
Councillor Aaron Burchat X
Councillor Brian Darling X
Councillor Miriam Mutton X
Councillor Randy Barber X
Mayor Lucas Cleveland X
Deputy Mayor Nicole Beatty X
TOTAL: 6 1
[Type text] TILLSONBURG DISTRICT MEMORIAL HOSPITAL 167 Rolph St., Tillsonburg, ON N4G 3Y9
Phone: 519-842-3611 Fax: 519-842-6733 www.tillsonburghospital.on.ca
ALEXANDRA HOSPITAL, INGERSOLL 29 Noxon St., Ingersoll, ON N5C 1B8
Phone: 519-485-1732 Fax: 519-485-9606 www.alexandrahospital.on.ca
Media Release
Date: March 6, 2023
Alexandra Hospital, Ingersoll and Tillsonburg District Memorial Hospital – Visit with Mr Ernie Hardeman, Oxford MPP Ingersoll-Tillsonburg, ON – Alexandra
Hospital, Ingersoll (AHI) and Tillsonburg District Memorial Hospital (TDMH) had the pleasure of hosting Ernie Hardeman, Oxford MPP as well as members of the Town of
Ingersoll, Michael Graves, Chief
Administrative Officer and Danielle Richard, Town Clerk to tour the two hospitals and receive progress reports on latest activities and well as the need to
stabilize Ontario’s hospital sector through
the COVID-19 pandemic recovery. “Recently, I had the opportunity to tour Alexandra Hospital, Ingersoll and
Tillsonburg District Memorial Hospital to
discuss the progress they have been making to maintain access to care. It was a productive morning, and great to be introduced to the new President and Chief
Executive Officer Nadia Facca and other
members of the leadership team,” commented Ernie Hardeman, Oxford MPP. During the meet and greet, the hospitals
highlighted continued collaboration between
AHI and TDMH as well as other health care partners within Oxford County and the greater Southwest region. The hospitals also highlighted their excitement in venturing into future work around Clinical Services Planning.
Hospitals have been the anchor of the pandemic response, delivering life-saving intensive care and
stepping up to provide reinforcements to their health system partners. In the aftermath of the pandemic, Ontario hospitals will continue to face ongoing financial pressures. Continued…./pg2
Pictured left to right: April Mullen, Chief Nursing Executive, Vice President Clinical Services; Diane Kleer, TDMH Board Chair; Don Campbell, AHI Board Chair; Michael Graves, Chief Administrative Officer, Ingersoll; Danielle Richard, Town Clerk, Ingersoll; Ernie Hardeman, MPP, Oxford
[Type text] TILLSONBURG DISTRICT MEMORIAL HOSPITAL 167 Rolph St., Tillsonburg, ON N4G 3Y9
Phone: 519-842-3611 Fax: 519-842-6733 www.tillsonburghospital.on.ca
ALEXANDRA HOSPITAL, INGERSOLL 29 Noxon St., Ingersoll, ON N5C 1B8
Phone: 519-485-1732 Fax: 519-485-9606 www.alexandrahospital.on.ca
“COVID-19 has left a deep mark on the healthcare system. The partnership between hospitals,
government and other key system partners has been crucial to the pandemic response and will be critical on a go forward” said Nadia Facca, President and Chief Executive Officer.
Media Contact: Nadia Facca, President and Chief Executive Officer Phone Number: 519-842-3611 ext. 5303
Pictured left to right: Danielle Richard, Town Clerk, Ingersoll; Michael Graves, CAO, Ingersoll; Diane Kleer, TDMH Board Chair; Don Campbell, AHI Board Chair; Mike Bastow, Chief Operating Officer, Vice President Finance; Ernie Hardeman, MPP, Oxford; April Mullen, Chief Nursing Executive, Vice President Clinical Services and Nadia Facca, President and Chief Executive Officer
County Council observed a moment of silence to
honour Past Warden Harry Mezenberg (pictured
front row, centre), who passed away on February
16, 2023, at 76.
Mr. Mezenberg served 12 years on Elgin County
Council as both Reeve and Deputy Reeve for the
Township of Aldborough (1986 to 1997) and as
Warden in 1996 and 1997.
He presided over historic discussions pertaining to
the amalgamation of Elgin’s municipalities that
took effect in 1998 and resulted in the structure we
have in place today. This was a monumental
achievement made possible by Harry’s ability to
build compromise, respect all points of view, and
engage our residents in the process.
MOMENT OF SILENCE FOR HARRY MEZENBERG
PAGE 01ELCIN COUNTY COUNCIL HIGHLIGHTS
COUNCILHIGHLIGHTS
TUESDAY,
FEBRUARY 28, 2023
IN THIS ISSUE:
Moment of Silence for Harry
Mezenberg
Council receives apresentation from the Elgin/
St. Thomas Small Business
Enterprise Centre
Elgin County Tourism
receives Council approval to
cruise into summer with new
wheels
Council appoints three (3)
committee members to the
Joint Accessibility AdvisoryCommittee (JAAC)
County Council is one step
closer to approving the 2023 Elgin County Budget
Council receives request for
extended parking on BridgeStreet in Port Stanley
Southwestern Public Health
provides County Council with2023 Budget
ELCIN COUNTY COUNCIL HIGHLIGHTS PAGE 02
County Council received a delegation from the Elgin/ St. Thomas Small
Business Enterprise Centre (SBEC) with an overview of their services and
where they're headed in 2023 from Mike Kerkvliet, Manager of Business
Development & Entrepreneurship.
This update included a breakdown of their funding, a high-level overview of
their programs available to local businesses across Elgin and St. Thomas,
the impacts of their efforts in 2022, and the announcement of a
commercial kitchen at the Horton Farmers' Market, as well as the creation
of a Young Entrepreneurs Networking Group.
A copy of the presentation can be found in the February 28, 2023, County
Council agenda package or here.
COUNCIL RECEIVES A PRESENTATION FROM THEELGIN / ST. THOMAS SMALL BUSINESS ENTERPRISE CENTRE
Manager of Economic Development and
Tourism, Carolyn Krahn, presented
County Council with various vehicle
options for the department's new tourism
cruiser. Council approved the purchase of
a Honda CRV LX with a purchase price
not to exceed $40,000.
A copy of the presentation and mockups
of the tourism cruiser can be found in the
February 28, 2023, County Council agenda
package or here.
ELGIN COUNTY TOURISM RECEIVES COUNCIL APPROVAL TO CRUISE INTO SUMMER WITH NEW WHEELS
ELCIN COUNTY COUNCIL HIGHLIGHTS PAGE 03
COUNCIL APPOINTS THREE (3) COMMITTEE MEMBERS TO THE JOINT ACCESSIBILITY ADVISORY COMMITTEE (JAAC)
County Council received an in-depth presentation from the Director of
Finance/Treasurer, Jennifer Ford, with several budget options for Council to
consider. The preferred choice was Option 1b which maintains project
deferrals with no dependence on capital reserve funds, utilizes $321k of
capital project savings and allocates the remaining balance of $245K to the
capital reserve fund for future use.
Council directed staff to prepare a final budget for Council's consideration
at its meeting on March 14, 2023.
Members of the public are encouraged to stay up to date on all 2023
Budget action items and documents by visiting
www.engageelgin.ca/InvestingInElgin.
A copy of the presentation and all options presented can be found in the
February 28, 2023, County Council agenda package or here.
COUNTY COUNCIL IS ONE STEP CLOSER TO APPROVING THE 2023 ELGIN COUNTY BUDGET
The Elgin/Central Elgin Joint Accessibility Advisory Committee was
established in 2002 to advise members of Council on the Accessibility for
Ontarians with Disabilities Act (AODA) and the Integrated Accessibility
Standards Regulation (IASR).
The Terms of Reference state that the JAAC committee must be comprised
of three residents with disabilities, plus a member of the community who is
a person interested in issues relating to persons with disabilities (through
work, school or caregiver role) or a parent/guardian representing children
with disabilities; and the Mayor or Deputy Mayor from Central Elgin.
Council appointed Councillor Noble to the JAAC on January 10, 2023.
At its meeting on February 28, 2023, Elgin County Council approved the
appointment of George Corrin, Jenn Salverda, and Tom Marks to the JAAC
subject to the endorsement from the Municipality of Central Elgin.
ELCIN COUNTY COUNCIL HIGHLIGHTS PAGE 04
County Council considered correspondence from the Municipality of
Central Elgin requesting that the County approve 3-hour free parking on
Bridge Street in Port Stanley.
Council directed staff to provide a follow-up report with respect to parking
on Bridge Street in Port Stanley.
COUNCIL RECEIVES REQUEST FOR EXTENDED PARKING ON BRIDGE STREET IN PORT STANLEY
For the complete February 28, 2023, County Council
Agenda Package, please visit the Elgin County website.
Elgin County Council received correspondence from Southwestern Public
Health (SWPH) regarding their approved 2023 General Programs and
Related Services budgets.
Council directed staff to arrange that Southwestern Public Health provide a
delegation regarding 2023 initiatives and to include a follow-up report on
2022 initiatives.
A copy of SWPH's correspondence can be found in the February 28, 2023,
County Council agenda package or here.
SOUTHWESTERN PUBLIC HEALTH PROVIDES COUNTY COUNCIL WITH 2023 BUDGET
LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of February 1, 2023
Approved March 3, 2023
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 -
Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Shelley Ann Bentley Haldimand County Dave Beres Town of Tillsonburg
Doug Brunton Norfolk County Robert Chambers County of Brant Tom Masschaele Norfolk County Stewart Patterson Haldimand County Chris Van Paassen Norfolk County
Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford
Regrets: none
Staff in attendance:
Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Zachary Cox, Marketing Coordinator
Dana McLachlan, Executive Assistant
1. Welcome and Call to Order
The Chair called the meeting to order at 6:30 p.m., Wednesday, February 1, 2023.
2. Additional Agenda Items
There were no additional agenda items. 3. Declaration of Conflicts of Interest
None were declared. 4. Minutes of the Previous Meeting
a) Board of Directors Meeting Minutes of January 11, 2023
There were no questions or comments.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 -
A-13/23 Moved by P. Ypma Seconded by D. Brunton
THAT the minutes of the LPRCA Board of Directors Meeting held January 11, 2023 be
approved as circulated. Carried
5. Business Arising
No business arising from the previous minutes. 6. Review of Committee Minutes
a) Lee Brown Marsh Management Committee (LBMMC) Meeting, August 16, 2022
The August 16, 2022 LBMMC meeting ended at 5:20 p.m. The 2022 feeding permits were not issued by Canadian Wildlife Service due to the Avian Flu outbreak. The Avian Flu was not detected at the marsh, and to staff’s
knowledge, there was no report of Avian Flu in the local area. A-14/23 Moved by T. Masschaele Seconded by M. Columbus
THAT the minutes of the Lee Brown Marsh Management Committee meeting of August
16, 2022 be approved as amended. Carried 7. Correspondence
There was no correspondence presented for review. 8. Development Applications
a) Section 28 Regulations Approved Permits
Through the General Manager’s delegating authority, 17 applications were approved in the past month. LPRCA-1/23, LPRCA-2/23, LPRCA-3/23, LPRCA-4/23, LPRCA-5/23, LPRCA-6/23, LPRCA-7/23, LPRCA-8/23, LPRCA-9/23, LPRCA-10/23, LPRCA-14/23, LPRCA- 15/23, LPRCA-16/23, LPRCA-17/23, LPRCA-19/23, LPRCA-20/23, and LPRCA-21/23.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 -
All of the staff-approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act.
Shelley Ann Bentley referred to application 4/23 for a new build that did not include a septic system plan and inquired about the LPRCA planning process if a septic system needs to be installed at a later date. L. Mauthe explained that an application/permit submitted for a new build that does not include septic plans would require a second application/permit if a septic system was to be installed.
A-15-23 Moved by R. Weisler Seconded by D. Brunton
THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved
Permits report dated February 1, 2023 as information. Carried b) 2022 Permit Application Turnaround Times
The Interim Manager of Watershed Services reviewed the Planning Department’s statistics for permit turnaround times from the past year. In 2022, LPRCA approved 278 permits with 96% of the applicants receiving their permits within 15 days, and 100% receiving their permits within 30 days. The average
permit turnaround time for minor applications in 2022 was 4.2 days, down from 10.7 days in 2021. The average permit turnaround time for major applications in 2022 was 4.9 days, a significant improvement from 21.3 days in 2021. Staff will continue to evaluate all proposed Bills and regulation updates with respect to
the updated Conservation Authorities Act and assess the impact to LPRCA. A-16-23 Moved by D. Beres Seconded by S. Bentley
THAT the LPRCA Board of Directors receives the 2022 Permit Application Turnaround
Times Report as information. Carried
9. New Business
a) General Manager’s Report The General Manager provided an overview of operations this past month.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 4 -
Staff were notified on January 4, 2023 that the Ontario Wetland Evaluation System was updated and came into effect January 1, 2023. Staff will provide a report to the board
regarding the changes and impact to LPRCA.
The Planning Department processed 17 applications as of January 23, 2023 compared to 10 for the same period in 2022.
Camping reservations opened today and by 10 a.m. the reservations surpassed all opening day reservations of 2022. A-17/23 Moved by T. Masschaele
Seconded by C. Van Paassen
That the LPRCA Board of Directors receives the General Manager’s Report for January
2023 as information. Carried
b) Years of Service Recognition
Three staff members and one board member reached service milestones in 2022. They
will be recognized at the 2023 Annual General Meeting on March 3, 2023. A-18/23 Moved by R. Weisler
Seconded by P. Ypman
That the Years of Service Recognition Report be received as information. Carried c) 2023 Community Outreach
The Marketing Coordinator provided an overview of communications, marketing and events for 2023. Along with the annual brochures, social media content and marketing events, 2023 will
feature “75 years in conservation” promotions and activities. Also, the Backus Historic
Site will be staffed with heritage interpreters for the first time since the pandemic began, and staff are discussing with the Norfolk Militia the possibility of a return of the “War of 1812” event.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 5 -
A-19/23 Moved by S. Bentley
Seconded by D. Brunton
THAT the LPRCA Board of Directors receives the 2023 Community Outreach report as
information. Carried
e) Timber Tender LP-349-23 Collver Wintermute Tract Tender packages were sent to various loggers, sawmill operators, and timber buyers with a closing date of January 27, 2023. Three bids were received by the deadline, and
staff recommended the tender be awarded to the highest bidder.
A-20/23 Moved by S. Patterson Seconded by P. Ypma
THAT the LPRCA Board of Directors accepts the tender submitted by Leonard Pilkey
for marked standing timber at the Collver-Wintermute Tract– LP-349-23 for a total
tendered price of $86,360.00. Carried
Adjournment The Chair adjourned the meeting at 7:20 p.m.
_______________________________ ________________________________
John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm
March 2023
As we enter March, we can look forward to longer periods of sunshine in Elgin County. Have you started planning your staycation this year? There's no need to wait for summer to explore your own backyard. Elgin County offers many year-round attractions and activities worth experiencing. Follow us on our social media feeds to discover some great ideas as we welcome the arrival of spring.
Upcoming Events
Date: March 22, 2023
Time: 2:00 PM - 3:00 PM REGISTER NOW Join us for an online webinar on Strategies for Managing Stress in the Workplace. Coach and Facilitator Kristina Schmitt will share what happens inside our bodies when we're stressed, strategies to eliminate some stressors, and tips on how to deal with the symptoms of stress.
Register today to be part of this major display of local and area employers who are hiring. Meet prospective new employees in person! Registration deadline is March 29, 2023.
Limited spaces available! Register now to ensure your spot: Employer Registration.
Resources and Opportunities
Southwestern Ontario Development Fund The newest SWODF application intake will be open from April 27 to June 15, 2023. You can find more information about eligibility and the intake process HERE For advice on developing and strengthening your application, you are encouraged to contact your regional advisor or Business Advisory Services at:
Business Advisory Services - Western Region Main Office westernregionbas@ontario.ca Toll-free: 1-800-267-6592 Ontario Chamber of Commerce Grow Your Business Online Grant
Through this program, small business owners can receive a micro-grant worth up to $2,400 to help get their business online, give their e-commerce presence a boost, or digitalize business operations. Grant recipients must commit to maintaining their digital adoption strategy for at least six months. Details Business Scale-up and Productivity- FedDev Ontario Thinking of taking things to the next level? Funding under this stream helps to accelerate the growth of firms and assist with the adoption of new, innovative technologies that support scale-up, productivity, and the development of and entry into new markets to help
companies become globally competitive. More details HERE
Community Economic Development and Diversification- FedDev Ontario Funding is available to businesses and not-for-profit organizations in small communities
who are working to develop, diversify, and transform their local economies. DETAILS
With the right digital tools and technologies, your small business can be found faster online. Apply at https://digitalmainstreet.ca to see if you qualify for a
$2,500 Transformation Digital Grant! For more info, contact Jennifer at the Elgin Business Resource Centre today. She’s here to guide you every step of the way. jgrigg@elgincfd.ca
Departmental Activity
On February 9, our Manager of Economic Development, Tourism and Strategic Initiatives gave a presentation at the Aylmer and Area Chamber of Commerce Mayor's Breakfast event at the Saxonia Hall. Great to see such strong representation from the local business
community as we prepare for a great year ahead!
Welcomes and Shoutouts
Shoutout to our partners and friends at the St. Thomas Economic Development Corporation and Elgin-St. Thomas Small Business Enterprise Centre! Their team recently
received some well-deserved recognition at the 66th annual Economic Developers' Council of Ontario conference for their incredible work in St. Thomas-Elgin:
• Tourism Award for the incredible impact of public art and related events in St. Thomas - Track to the Future Mural project
• Lieutenant Governor's Award for Marketing Excellence (the most prestigious award in Ontario for Economic Development)
• Bright Ideas Award - Senior Business Advisor Elle Crevits
Congratulations!
New Business Feature
Upside Downie Homestead
Meet the Bell family – Brent, Kristina, Paisley, Willow, River, Luna the sheepdog, and their lovely hens. Together, they run Upside Downie Homestead, a new addition to the Municipality of West Elgin. The family left their urban roots in London and Toronto to build their dream on a 140-year-old farmhouse on 2 acres in a town they had never heard of. The property has been fully renovated, and the gardens have been redesigned to create a
magical space for the community to learn, connect, and escape. The family hopes to establish themselves as a destination for visitors from across Elgin and beyond, offering workshops, retreats, and private special events. The family is forming a Women's Group and planning to run youth and parent-tot programs adjacent to other workshops. Congratulations to the Bell family, and we can't wait to see what they accomplish with Upside Downie Homestead! Upside Downie Homestead 24824 Downie Line, West Lorne, ON 226-376-5449 | upsidedowniehomestead@gmail.com Website Instagram
Facebook
Upcoming Networking Events
• Celebrating International Women's Day: Women in Agriculture, March 8 - DETAILS AND TICKETS
• March Business after 5 hosted by the St. Thomas & District Chamber of Commerce, March 22- Details
• 'Lunch with the Mayors' hosted by the St. Thomas and District Chamber of Commerce, March 8- DETAILS AND TICKETS
Have an event you'd like us to share? Please send details to economicdevelopment@elgin.ca
2023 Visitors Guide
The 2023 Elgin County Vistiors' Guide is hot off the press! If your business or office would like some copies to have on hand, please email tourism@elgin.ca. You can find the digital version of the guide HERE Let this incredible handbook be your guide to memory making and exploration in Elgin this year!
Festival and Event Tracker
• Saturdays 10am-2pm - Winter Horton Farmers' Market, St. Thomas
• Saturdays 8am-3pm - The Old Imperial Farmers' Market
• Monday, March 6 - International Women's Day Celebration hosted by the Elgin Business Resource Centre, details and tickets HERE
• March 11-March 19- Springwater Maple Syrup Festival at Springwater Conservation Area, 8079 Springwater Road, Aylmer. The Festival will include maple syrup demonstrations, maple syrup samples, maple syrup products, Shaw's Ice Cream, Ranger Em, petting zoo, face painter, maple baked goods, Emergency Responders, Natural Resources Day, wood carver, snowshoe rentals (weather permitting) colouring contest, bird house making, games, wagon rides and so much more! After you've had your share of fun, unwind and enjoy a pancake breakfast put on by local community groups from 10:00 a.m. to 2:00 p.m.
• Saturday, March 25 - Fish Dinner and dance featuring the Thompson Road Band in
Vienna (full details below)
Elgin County Economic Development & Tourism | www.elgincounty.ca
Mr. Mayor and Members of Council,
Re: Susanne Schlotzhauer of Port Burwell, Ontario. Official Correspondence submission for the March 16, 2023 Agenda Meeting: Procedural By-law Issues
REQUEST. That council consider ways to resolve concerns with procedural rules and defer
decision on the new procedural by-law before them March 16, 2023 until such time a revised by-law addressing these issues is brought forward for council’s consideration.
PROBLEM STATEMENT. The current procedural by-law (By-law No. 2022-003) is an important policy that sets out the process for members of the public to address council. In
accordance with By-law 2007-121, a NOTICE was issued to inform Council Staff will be proposing changes to its Procedural By-Law at the March 16, 2023 general meeting for council’s consideration and adoption of a new by-law at the same meeting. I cannot comment on the changes specifically proposed under the March 16th draft procedural by-law as this information has not been presented to the public in draft and my request for action is required to be submitted
4 days prior to its publication. To address this quandary, I am requesting Council consider the issues discussed herein to be considered as part of the draft procedural by-law presently before Council, and defer decision of the new by-law also before Council until these matters have been resolved.
As Council is aware, NOTICE has historically been given in accordance with By-law No. 2007-121 by presenting a draft by-law for council’s consideration as part of staff report summarizing the changes and a new By-law drafted for council’s approval at the following meeting. Providing notice in this manner respects the Policy Statements under Section 3 of the by-law, providing
time for Council and the public to review the proposed draft, address concerns and make submittals. In the spirit of transparency and accountability, Section 3 the Policy Statements under Section 3 of By-law 2007-121 declare Council is committed to ensuring that:
a) continuously strives to be transparent and accountable in all of its operations and its decision-making processes and that the municipality is operated effectively, efficiently,
and with integrity;
b) Citizens should be aware of what, when and where the business of the municipality is being discussed;
c) Citizens should be aware that they can have an impact upon the decision making
process by making appropriate submissions and representations to Council;
d) Adequate time should be provided to citizens so that they can make submissions.
The root of the problem appears to be inadequate time for the public to review and provide
notice to the Clerk of their wish to delegate or submit written submissions on items on the
agenda, which is further exacerbated by allowing Staff Reports that are not necessarily
time-sensitive in nature to be regularly added as addendum items.
PROCEDURAL RULES. Outside of an informal chat or a 2 minute open forum speech, there is limited opportunity to formally engage with members of Council if a member of the public
wishes to address a matter currently before Council on the Agenda. The current procedural by-
law allows the opportunity for members of the public to submit official correspondence or request to delegate before Council under certain circumstances. The Procedural By-law requires that the Agenda for a regular Meeting of Council (held on the first and third Thursday of each month commencing at 7 p.m.) be published no later than 4:00
p.m. on the Friday preceding the meeting (Section 5.1.2); however, all correspondence intended to be presented to Council “shall be delivered to the Clerk no later than the Tuesday at 9:00 a.m. of the week prior to the Meeting” (Section 6.9.2). As with all items of correspondence, Delegations to Council must also “be requested… no later than Tuesday at 9:00 a.m. of the week prior to the meeting” (Section 8.1.2).
So the Procedural By-law stipulates delegations requests and correspondence must be received 4 days before the Agenda is published. So how is one to formally address Council on a matter before council on an Agenda?
Section 6.9.3 of the Procedural By-law allows for “Correspondence received after 9 a.m. on the
Tuesday preceding the Meeting, and being of an urgent nature or directly relevant to a matter
on the Agenda for the Meeting, may be communicated to Council by way of an Addendum to
the Agenda including a summary of the content of the Correspondence item”. This
interpretation is supported under Staff Report CAO-07/21; however, it is the practice of the current administration to refuse items of correspondence received from the public after the Tuesday of the week prior to the Meeting, regardless of the nature of the correspondence. Historically, if correspondence relevant to a matter on the agenda was received by the Tuesday preceding the Meeting (3 days before), it was included as an addendum and urgent matters were
addressed accordingly. When I initially questioned this new practice with the Deputy Mayor and CAO over a year ago, the CAO/Clerk Thomas Thayer responded under Staff Report CAO-07/21, where Council passed a new By-law (By-law No. 2021-031) to amend the Procedural Rules to only permit additions
to the Agenda via an addendum if the matter is of a time-sensitive nature, as determined by the CAO/Clerk and Mayor (Section 5.1.4). “For the purpose of this section, a matter is deemed to be of a time-sensitive nature when it will negatively impact the health, safety and well- being of persons, expose the Municipality to liability or negatively impact the Municipality' s position in negotiation if Council does not make a decision and the Municipality does not act on the
matter prior to the next regular meeting of Council” (Section 5.1.5). These new rules did not address the issue brought forward and appear to cause more ambiguity with correspondence received under Section 6.9.3 because although the new rules may provide clarity as to the meaning of “urgent nature” under Section 6.9.3, there is no ambiguity in the
meaning of “directly relevant to a matter on the Agenda for the Meeting”. “Urgent nature” and
“relevant to a matter on the agenda” in the context of Section 6.9.3 are mutually exclusive. As a member of the public, I do not understand why Council and this administration would want to refuse delegations and correspondence from members of the public that are directly relevant to a matter on the agenda for the meeting.
On January 6, 2022, as per Staff Report CAO-01/22, notwithstanding the new sections Sections 5.1.4 and 5.1.5, the procedural by-law was further amended to add Section 6.10.2 to
allow Reports be included on a Council Agenda as an Addendum, at the sole discretion of the Clerk. A review of the online Agenda folders reveal Report addendums have since become a standard practice, many of which do not appear to be “time-sensitive” in nature. An unforeseen
consequence of this new “standard practice”, many items do not make the Agenda TOC and neither Council nor the public have adequate time for review, inquiry, or to make submissions to Council. Is this a fair practice to Council and the public alike? If this practice should continue, there should be a means by where members of the public are
allowed adequate time to review and notify the Clerk of their wish to delegate or to submit written submissions on these addendum items, before a decision by council is made. In closing, please review these procedural rule issues in the context of the Policy Statements declared under By-law 2007-121 and in the spirit of the Principals of Community Engagement
posted on the Municipal website : https://www.bayham.on.ca/pages/principles-of-community-engagement
Inclusive: The Municipality encourages participation by those who will be affected by a decision. The
Municipality builds relationships with stakeholders by using a range of tools to engage varied audiences.
Early Involvement: The Municipality involves the public as early as possible in the community engagement
process so stakeholders have time to learn about the issue and actively participate. Access to Decision Making: The Municipality designs processes that will give participants the opportunity
to influence decisions.
Coordinated Approach: The Municipality coordinates community engagement activities to use community
and Municipal resources effectively.
Transparent and Accountable: The Municipality designs processes that are open and clear. Stakeholders
will understand their role, the level of engagement and the outcome of the process. Open and Timely Communication: The Municipality provides information that is timely, accurate, objective,
easily understood, accessible, and balanced.
Mutual Trust and Respect: The Municipality engages the community in a fair and respectful way that
fosters understanding between diverse views, values, and interests.
Evaluation and Continuous Improvement: The Municipality commits resources to evaluating engagement
processes to ensure engagement activities are effective. Equitable Engagement Process: The Municipality designs engagement processes that allow all
community members a reasonable opportunity to contribute and to develop a balanced perspective.
Please feel free to contact me for clarification or to discuss these matters further prior to the
Meeting. A clear understanding of the issues is important to identify possible solutions and
provide direction, as the ambiguities come with both interpretation and practice. This is about process, not personalities. Respectfully submitted,
Susanne Monday, March 6, 2023 “Striving towards a Transparent and Accountable Municipal Government”
Alexandra Hospital, Ingersoll receives award from Accreditation
Canada
INGERSOLL, ON (March 9, 2023) – Accreditation Canada has issued a formal letter congratulating Alexandra Hospital, Ingersoll (AHI) on their recent Accreditation Award Decision, Accredited with Commendation, from the National Quality Standards Organization.
Accredited with Commendation means an organization
surpassed the fundamental requirements of the Accreditation Program. Accreditation Canada has credited AHI as a pioneer as it was the first hospital in Canada to participate in
Accreditation through the new Qmentum Global Program. This partnership is an important innovation for the development of the new Accreditation Canada Qmentum Global program.
Statement from Nadia Facca, Our President and Chief Executive Officer, “I am so excited about
our successes during this recent Accreditation Canada survey! Thank you to all of our team members for their commitment to quality and safety.”
Accreditation Canada is a non-for-profit independent organization providing national and international health care organizations with an external peer review process. By having external surveyors assess services against national standards, hospitals and other organizations are better able to focus quality improvement efforts. Accreditation Canada's programs and guidance have helped organizations deliver quality health care for over sixty years.
Accreditation is a continually evolving process, which enables organizations to evaluate and refine the quality of services through self-assessment and peer review. AHI continues to provide
the best care and experience for our patients and team members. AHI is committed to monitoring and exceeding (where possible) Accreditation standards.
During a three-day site visit in January and February 2023, the surveyors could not say enough about the warm welcome they received by all, and the hospital’s strong partnerships with other care partners and our community. They also noted the sense of pride displayed by staff and patients as they toured the hospital. Everyone at AHI is involved in Accreditation, from front-line staff, physicians, patient advisors, volunteers, and Board members. That is because AHI is committed to quality and patient safety. This achievement could not have happened without the hard work and dedication of everyone at Alexandra Hospital.
About Alexandra Hospital, Ingersoll:
Alexandra Hospital, Ingersoll (AHI) is a fully accredited 26-bed hospital serving Ingersoll and the
surrounding areas since 1909 with a population catchment area of 30,000. We are committed
to supporting the health of our communities with excellent patient care and accessible
specialized services close to home. Our services include 24/7 Emergency Department, Acute
Care, Complex Continuing Care, Diagnostic Services, Occupational and Physiotherapy
Services, Ambulatory Clinics, Diabetes Education Program as well as the Oxford County
Cardiac Rehabilitation Program. We take great pride in providing the very best care to the
communities we serve, and promoting health and wellness through collaboration with our health
care partners.
Media Contact: Nadia Facca, President and Chief Executive Officer
Phone Number: AHI 519-485-1700 ext. 8234 or TDMH 519-842-3611 ext. 5303
Tillsonburg District Memorial Hospital receives award from
Accreditation Canada
TILLSONBURG, ON (March 9, 2023) – Accreditation Canada has issued a formal letter congratulating Tillsonburg District Memorial Hospital (TDMH) on their recent Accreditation Award
Decision, Accredited with Commendation, from the National Quality Standards Organization.
Accredited with Commendation means an organization
surpassed the fundamental requirements of the Accreditation Program. Accreditation Canada has credited TDMH as a pioneer as it was the first hospital in Canada to participate in
Accreditation through the new Qmentum Global Program. This partnership is an important innovation for the development of the new Accreditation Canada Qmentum Global program.
Statement from Nadia Facca, Our President and Chief Executive Officer, “I am so excited about
our successes during this recent Accreditation Canada survey! Thank you to all of our team members for their commitment to quality and safety.”
Accreditation Canada is a non-for-profit independent organization providing national and international health care organizations with an external peer review process. By having external surveyors assess our services against national standards, hospitals and other organizations are better able to focus our quality improvement efforts. Accreditation Canada's programs and guidance have helped organizations deliver quality health care for over sixty years.
Accreditation is a continually evolving process, which enables organizations to evaluate and refine the quality of services through self-assessment and peer review. TDMH continues to
provide the best care and experience for our patients and team members. TDMH is committed to monitoring and exceeding (where possible) Accreditation standards.
During a four-day site visit in January 2023, the surveyors could not say enough about the warm welcome they received by all, and the hospital’s strong partnerships with other care partners and our community. They also noted the sense of pride displayed by staff and patients as they toured the hospital. Everyone at TDMH is involved in Accreditation, from front-line staff, physicians, patient advisors, volunteers, and Board members. That is because TDMH is committed to quality and patient safety. This achievement could not have happened without the hard work and dedication of everyone at Tillsonburg District Memorial Hospital.
About Tillsonburg District Memorial Hospital:
Tillsonburg District Memorial Hospital (TDMH) is a fully accredited 45-bed hospital serving a tri-
county community since 1925 with a population catchment area of 45,000. We are committed
to supporting the health of our communities with excellent patient care and accessible
specialized services close to home. Our services include 24/7 Emergency Department, Acute Care, Complex Continuing Care, Surgical and Orthopaedic Program, Diagnostic Services,
Occupational and Physiotherapy Services, Ambulatory Clinics as well as a Satellite Dialysis
Services. We take great pride in providing the very best care to the communities we serve, and promoting health and wellness through collaboration with our health care partners.
Media Contact: Nadia Facca, President and Chief Executive Officer
Phone Number: AHI 519-485-1700 ext. 8234 or TDMH 519-842-3611 ext. 5303
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Deputy Clerk
DATE: March 16, 2023
REPORT: CL-04/23 SUBJECT: UPDATES TO PROCEDURAL BY-LAW
BACKGROUND
Municipalities are required to pass a by-law to govern the calling, place and proceedings of
meetings. These by-laws are commonly referred to as the Procedural By-law. Bayham’s current
Procedural By-law is By-law No. 2022-003.
There were two (2) amendments passed to By-law No. 2022-003 and they are Nos. 2022-027 and 2022-065. 2022-027 spoke to electronic participation outside of emergencies and 2022-065 amended language surrounding timelines for speakers during Public Meetings and updated the language around extending meetings past 11:00 P.M.
Council received Report CL-01/23 on February 16, 2023 which outlined further amendments would be coming to Bayham’s Procedural By-law surrounding language for Committee
Procedures. Notice was issued in accordance with Bayham’s Notice By-law to advise of the possible passing
of an updated Procedural By-law at the March 16, 2023 Regular Meeting of Council. DISCUSSION Below outlines the changes to Bayham’s Procedural By-law for Council to consider as well as the draft By-law is attached with highlights of the main areas that were edited: 1. Updates to Definitions to include reference to Advisory Board and Committees including the definition of Chair, Meeting, Member, and Vice Chair 2. General use of Chair or Presiding Member or Member throughout the document to apply the existing language to Boards and Committees where appropriate 3. 2.1.2 moved from Definitions to Applicability 4. A new 3.4, 3,5, 3.6 and 3.7 to include duties of Board or Committee Chair, Vice Chair
and Members 5. Moved the previous 3.2 language to 10.3.1 and 11.4
6. Added 4.1.2 to speak to location of Board or Committee Meetings 7. Added 4.3.3 to speak to the scheduling of Board or Committee Meetings 8. Added 4.4.7 to speak to the calling of a Special Meeting for Boards and Committees 9. Added 4.9.2 to speak to Committee Quorum 10. 5.3.1 edited to include a header of Adoption of Minutes to Committee of Adjustment Agendas 11. Added 5.6 for Advisory Board and Committee Agenda information 12. Edited language in 5.7.4 speaking to the signing of minutes 13. Added a new section 8 to be the Order of Proceedings for Board and Committee Meetings. (This addition now changes the previous numbering for the remainder of the document) 14. Sections 9, 10, 11 & 12 – general language to apply to both Council and Committees 15. Added 12.11 to speak to how Boards or Committees call recorded votes 16. Inclusion of 2022-027 and 2022-065 language in the appropriate locations
17. Overall formatting Staff only focused on the inclusion of previous amendments and Committee procedures for this
update. If Council wishes to have any further amendments presented for consideration before the passing of this By-law, they may direct staff to do so. Any further changes will require additional notice in accordance with the Notice By-law. Staff are recommending approval as
presented. ATTACHMENTS 1. Draft Procedural By-law with Highlights of Sections Edited RECOMMENDATION 1. THAT Report CL-04/23 re Updates to Procedural By-Law be received for information;
2. AND THAT the by-law be brought forward to adopt as presented. Respectively Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Deputy Clerk CAO|Clerk
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-021 BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF
THE COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND OF ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every
Municipality to pass a Procedural By-law for governing the calling, place and proceedings of
meetings; AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its
Members and the calling of Meetings, and to provide for procedures and statutory
requirements in accordance with the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto; NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as
follows:
Section 1 – DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a
different meaning:
1.1.1 “Acting Head of Council” shall mean the Deputy Mayor when the Mayor is absent or refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy Mayor are absent or refuse to ac t or the offices of the
Mayor and Deputy Mayor are vacant, the member of Council who is appointed
by Council to act from time to time in the place and stead of the Mayor and who shall exercise all of the rights, power s and authority of the Head of Council while so acting.
1.1.2 “Ad Hoc Committee” shall mean a special purpose committee of limited
duration, appointed by Council to consider a specific matter and which is dissolved automatically upon submitting its final report to Council, unless otherwise directed by Council.
1.1.3 “Advisory Board or Committee” shall mean a committee appointed by
Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. 1.1.4 “CAO|Clerk” shall mean the CAO|Clerk of the Corporation of the Municipality
of Bayham.
1.1.5 “Chair” in the case of the Council shall mean the Mayor, Deputy Mayor or the Member appointed to act as Chair during the absence of the Mayor and
Deputy Mayor from a Council Meeting or a portion of a Meeting. While acting as Chair the Member shall exercise all of the powers and responsibilities of the Mayor under this Procedural By-law. In the case of the a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing, Chair shall mean the Mayor, Deputy Mayor or the Member, whoever presides over a portion of the
Meeting of the Statutory Public Meeting, Public Meeting or a Court of Revision
Hearing as provided for in this Procedural By-law. In the case of an Ad Hoc Committee or Advisory Board or Committee, Chair means the Council Member appointed to be Chair.
1.1.6 “Clerk” shall mean the Clerk of the Municipality of Bayham and includes the
Deputy Clerk and any official of the Municipality appointed by Council to exercise the power(s) of the Municipal Clerk in the absence of the Clerk or Deputy Clerk.
1.1.7 “Committee” shall mean a committee of Council and includes Standing
Committees, or sub-committees of the Standing Committees. 1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the Council of the Municipality of Bayham to the Committee of
Adjustment pursuant to the provisions of the Planning Act, R.S.O., 1990,
c.P.13, as amended.
1.1.9 “Council” shall mean the Council of the Corporation of the Municipality of Bayham. 1.1.10 “Councillor” shall mean a person elected or appointed as a Member of Council but does not include the Mayor. 1.1.11 “Delegation” shall mean a person or group of persons desiring to verbally present information or to make a request to Council. 1.1.12 “Deputy Mayor” shall mean the Member of Council who is elected to the
position and who, in the absence of the Mayor, shall exercise the power s and responsibilities of the Mayor provided for in this By-law or any other by-law or statute. 1.1.13 “Holiday” shall mean a holiday as defined by the Legislation Act, 2006 S.O.
2006, c. 21, Schedule F as amended or replaced from time to time. 1.1.14 “Local Board” shall mean a local board as defined in the Municipal Act, S.O.2001, c.25 as amended.
1.1.15 “Mayor” shall mean the Head of Council for the Municipality. 1.1.16 “Meeting” shall mean any Regular or Special Meeting of Council, including a Statutory Public Meeting, Public Meeting, Court of Revision Hearing, and Advisory Board and Committee Meetings.
1.1.17 “Member” shall mean a Member of the Council of the Corporation of the Municipality of Bayham, and includes the Mayor and Committee Members. 1.1.18 “Motion” shall mean a question or proposal to be considered and which is moved and seconded and is subject to debate. When a Motion is adopted, it
becomes a Resolution. 1.1.19 “Municipal Act” shall mean the Municipal Act, 2001, (S.O.2001, c. 25), as amended or replaced from time to time.
1.1.20 “Municipality” shall mean the Corporation of the Municipality of Bayham. 1.1.21 “Newspaper” shall mean a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than one week, consisting in great part of news of current local events of general
interest and made available to the public. 1.1.22 “Pecuniary Interest” shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter
M.50, as may be amended.
1.1.23 “Planning Act” shall mean the Planning Act, R.S.O. 1990, c.P. 13, as
amended. 1.1.24 “Point of Order” shall mean a statement made by a Member during a
Meeting drawing to the attention of the Presiding Member a breach of the
Rules of Procedure. 1.1.25 “Point of Privilege” shall mean the raising of a question that concerns a Member, or all of the Members, when a Member believes that his rights,
immunities or integrity or the rights, immunities or integrity of Council or staff
as a whole have been impugned. 1.1.26 “Presiding Member” shall mean the Mayor, Acting Mayor or Chair of the Meeting.
1.1.27 “Quorum” shall be as defined in Section 4.9 herein. 1.1.28 “Recorded Vote” shall mean the written record of the name and vote of every Member present when the vote is called on any matter or question
during a Meeting. 1.1.29 “Resolution” shall mean a formal expression of opinion or intention. 1.1.30 “Rules of Procedure” shall mean the rules and requirements contained
within this Procedural By-law. 1.1.31 “Vice Chair” shall mean such Member of a Committee who has been appointed to act in the place and stead of the Committee Chair when such
Chair is absent from a meeting of the Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. 1.1.32 “Website” shall mean the Municipality of Bayham website address identified as www.bayham.on.ca
Section 2 - GENERAL PROVISIONS
2.1 Applicability 2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Meetings and shall be the rules and requirements which govern the order of their business.
2.1.2 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular shall include the plural, and vice-versa, as the context requires.
2.2 Suspension of Rules and Procedures 2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this Section may be temporarily suspended by a vote of three-quarters (3/4) of the Members present and voting:
a) rules about a change to the order of procedure in the Agenda content;
b) rules about delegation status; c) rules about the increase or decrease of delegation speaking time and debate limitations.
2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be decided by the Chair subject to an appeal to the Members.
2.3.2 All points of order or procedure not provided for in these Rules of Procedure
shall be decided in accordance with the rules of procedure known as Robert’s Rules of Order. 2.4 Video Equipment, Recording Devices and Cellular Telephones
2.4.1 The use of cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory or visual means by accredited and other representatives of any news media or members of the general public is permitted only with approval prior to the commencement of the applicable
Meeting. 2.4.2 Cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature shall be turned off immediately if requested by a member of the audience.
2.4.3 All communication devices shall be switched to ‘silent’ upon entering the location where any Meeting is being held. Section 3 - DUTIES OF MEMBERS
3.1 Duties of the Mayor 3.1.1 It shall be the duty of the Mayor, or acting Head of Council, to carry out the responsibilities of a Head of Council set forth in the Municipal Act, in addition to the following responsibilities:
a) to open the Meeting of Council by taking the Chair and calling the
Members to order; b) to announce the business before the Council in the order in which it is to be acted upon; c) to receive and submit, in the manner prescribed by this Procedural By-
law, all motions presented by Members;
d) to recognize any Member who wishes to speak and to determine the order of speakers; e) to put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of the proceedings and to announce the
results;
f) to decline to put to vote motions which contravene the provisions of the Procedural By-law; g) to enforce the provisions of the Procedural By-law; h) to enforce on all occasions the observance of order and decorum among
the Members;
i) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the Council Chamber, or the place of Meeting, as the case may be; j) to cause to be expelled and excluded any member of the public who
creates a disturbance or acts improperly during a Meeting and, if
necessary, to direct the Municipal Clerk to seek appropriate assistance from the Ontario Provincial Police Service; k) to authenticate, by signature, all By-laws and Meeting minutes; l) to rule on any points of order raised by Members of Council;
m) to represent and support the decisions of Council, declaring its will and
explicitly and implicitly obeying its decisions in all things; n) to adjourn the Meeting when the business is concluded, or if considered necessary by the Mayor because of grave disorder, to adjourn the sitting without putting to the vote any question, or suspend the sitting for a time
to be named.
3.1.2 By virtue of office, the Mayor is appointed as an ex-officio member of Advisory Board and Committees. Ex-officio members do not have voting rights.
3.2 Duties of the Deputy Mayor
3.2.1 Where the Mayor gives notice to the Clerk that he will be absent from the Municipality, or of his absence through illness, or his office is vacant, or he
refuses to act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so acting, has and may exercise all the rights, powers and authority of the Head of Council. 3.2.2 Act as an alternate lower-tier member to attend County Council where the Mayor
gives notice to the County Clerk that he will be absent, or of his absence through
illness, then the Deputy Mayor may act in his place and while so acting, has and may exercise all the rights, powers and authority of the member of County Council.
3.3 Duties of the Members of Council
3.3.1 It shall be the duty of the Council Members to carry out the role of Council as set forth in the Municipal Act, in addition to the following responsibilities: a) to deliberate on the business submitted to Council;
b) to vote when a motion is put to a vote, except where otherwise
disqualified from doing so by law; c) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things d) to Chair the portion a Meeting for which he is the appointed Chair and
assume the duties of the Mayor as detailed in Section 3.1.1; and
e) to apply and respect the Rules of Procedure. 3.4 Duties of the Advisory Board or Committee Chair
3.4.1 It shall be the duty of the Chair to carry out the following responsibilities:
a) to open the Meeting of the Advisory Board or Committee by assuming the Chair and calling the Members to order; b) to announce the business before the Advisory Board or Committee in
the order in which it is to be acted on;
c) to receive and submit, in the manner prescribed by this Procedural By-law, all Matters of Business presented by Members; d) to recognize any Member who wishes to speak and to determine the order of the speakers;
e) to put to vote all questions which are regularly moved or necessarily
arise in the course of the proceedings and to announce the results; f) to participate as an active and voting member, encouraging active participation by all Advisory Board and Committee Members; g) to decline to put to vote motions which contravene the provisions of
this Procedural By-law;
h) to enforce the provisions of the Procedural By-law; i) to enforce on all occasions, the observance of order and decorum among the Members; j) to call by name, any Member refusing to comply with this Procedural
By-law and to order the Member to vacate the place of Meeting;
k) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting; l) to authenticate, by signature, all Meeting minutes;
m) to rule on any Points of Order raised by Members; n) to represent and support the decisions of the Advisory Board or Committee, declaring its will and explicitly and implicitly obeying its decisions in all things; o) to be the point of contact with Council, staff, and any media relations;
p) to review the goals and objectives of the Advisory Board or
Committee and ensure the work plan is realistic, up-to-date, and being followed; q) to recognize workload limitations of the Advisory Board or Committee;
r) to adjourn the Meeting when the business is concluded.
3.5 Duties of the Advisory Board or Committee Vice Chair 3.5.1 Where the Chair gives notice that he will be absent from the Advisory Board or
Committee Meeting, or of his absence through illness, or he refuses to act, then
the Vice Chair shall act in his place and instead of the Chair and, while so acting, has and may exercise all the rights, powers and authority of the Chair. 3.6 Duties of the Advisory Board or Committee Members
3.6.1 It shall be the duty of the Advisory Board and Committee Members to carry out the following responsibilities: a) to deliberate on the business submitted to the Advisory Board or
Committee;
b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law; c) to apply and respect the Rules of Procedure; d) to attend all scheduled and special Advisory Board or Committee
meetings, sending regrets otherwise;
e) to understand his role and expectations, including all applicable Municipality Policies; f) to follow the agenda and stay focused on the topic at hand; g) to understand and follow the mandate of the Advisory Board or
Committee, including its relationship to Council;
h) to understand and respect the role and expectations of all participants; i) to develop and maintain a climate where mutual support, trust, respect, courtesy, teamwork, creativity, and a sense of humour are
valued;
j) to maintain a high degree of professionalism, discharging all duties with honour and integrity in order that the Member may merit the trust and confidence of the citizens of the Municipality of Bayham, Council and Staff;
k) to respect the individual worth and dignity of other Members and, at
all times, work together to achieve a common vision for the community, utilizing the diverse knowledge, expertise and talents of all Members to optimal advantage;
l) to challenge ideas and not people, creating a climate where it is okay to disagree; m) to communicate directly, concisely and honestly, listening without interruption, and be open-minded, allowing a variety of opinions to be heard;
n) to work effectively with the administration to provide excellent service
to residents, recognizing the professional obligations of Staff as an employee of the Municipality and not intervening in administrative practices; o) to respect that decisions of Council are final and accurately
communicate the decisions of Council even if they disagree with the
majority decision of the Advisory Board or Committee; p) to respect confidential information; q) to attend any training session for Members.
3.7 Overall Member Conduct
3.7.1 Members shall adhere to the Council Code of Conduct as adopted by Council and as amended from time to time.
Section 4 - MEETINGS
4.1 Place of Meeting 4.1.1 Unless otherwise directed by Council, all Regular and Special Council Meetings
shall be held in the Council Chambers of the Municipal Office at 56169 Heritage
Line, Straffordville, Ontario. 4.1.2 All Advisory Board and Committee Meetings shall be held at the Straffordville Community Centre at 56169 Heritage Line, Straffordville, Ontario, unless an
alternative meeting location is agreed-upon by the Chair and Clerk.
4.2 Inaugural Meeting 4.2.1 The Inaugural Meeting of the Council shall be held, in a year in which a
municipal election is held, at a time determined by the Head of Council-Elect and
the CAO|Clerk. 4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto.
4.3 Regular Meetings 4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of each month commencing at 7:00 p.m., unless such a day is a Holiday, or on
such other day and time as may be determined from time to time by
resolution of Council. 4.3.2 Where a change is made to the day and time of a Meeting of Council, the
Clerk shall notify the Mayor, give notice of the change to all Members in the manner set forth in Section 4.4.3 and provide notice to the Public by posting notice on the Municipal website and at the Municipal Office.
4.3.3 Regular Board or Committee Meetings are at a frequency as outlined in the respective Terms of Reference as authorized by establishing By-laws and the schedule will be received by the Members at the first meeting of the year.
4.4 Special Meetings
4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a Special Meeting of Council by giving direction to the Clerk stating the date, time and purpose of the Special Meeting.
4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do so in writing by a majority of Members, at the time mentioned in the request. 4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at
least twenty-four (24) hours before the time appointed for such Meeting and
shall be delivered electronically via e-mail to their respective Municipal e-mail address. The written or verbal notice shall indicate the nature of the business to be considered at the Special Meeting as well as date, time and place of the Meeting.
4.4.4 No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting except with the unanimous consent of all Members present and voting at such Meeting.
4.4.5 All Special Meetings of Council shall be held at the location of the last Regular
Meeting of Council unless an alternative location is specified in the notice of Special Meeting. 4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of
holding a Special Meeting or any action taken thereat where all Members are
present at the Meeting or where any Member or Members who are absent consent to the holding of such Meeting and so inform the Clerk.
4.4.7 A Committee Chair may call a Special Meeting through the same provisions of Section 4.4.1., subject to the agreement of the Clerk. 4.5 Emergency Meeting
4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, an emergency Special Meeting of the Council may be called by the Mayor without advance notice being given by the Clerk pursuant to this By-law, to consider and deal with such urgent and extraordinary matters. In this case, the consent of two-thirds (2/3) of the Members to hold such a Meeting without
advance notice is necessary and such consent, if any, shall be recorded in the minutes by the Clerk.
4.5.2 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, Council may, by Resolution, authorize the holding of a Regular or Special Meeting at a location outside the Municipal boundaries.
4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings, Hearings or Information Sessions Held Under the Planning Act, Development Charges Act and Other Applicable Legislation
4.6.1 Council from time to time may conduct Statutory Public Meeting, Public
Meeting, Court of Revisions Hearing, Hearing or other Information Session for any purpose giving such Notice as may be deemed necessary or required by law, or the Municipality’s Public Notice Policy, as amended from time to time.
4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public
Meeting, Court of Revisions Hearing, Hearing or other Information Session the Rules of Procedure outlined herein shall govern. 4.7 Meetings Open to Public
4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.7.2 The Chair may request that members of the public vacate the Meeting if their
behaviour is deemed to be disruptive to the business at hand. The Chair may
unilaterally suspend the Meeting until order is restored.
4.8 Closed Meetings
4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public.
4.8.2 Council may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: a) the security of the property of the Municipality or Local Board;
b) personal matters about an identifiable individual, including Municipal
and Local Board Employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before administrative
tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council is authorized by another
provincial statute to hold a closed meeting;
h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;
i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or
organization;
j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the
municipality or local board.
4.8.3 A motion to close a Meeting or part of a Meeting to the public shall state: a) the fact of the holding of the closed Meeting; and
b) the general nature of the subject matter to be considered at the
closed Meeting.
4.8.4 Where a Meeting or part of a Meeting is closed to the public, those persons not specifically invited to the closed Meeting will be asked to vacate the room in
which the Meeting is being held.
4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except where permitted by law including, without limitation, Section 239(6) of the Municipal Act, which allows a Meeting to be closed to the public during a vote
pursuant to sections 239 (2) or (3) and the vote is for a procedural matter or for
giving directions or instructions to officers, employees or agents of the Municipality or persons retained by or under a contract with the Municipality, and Members deem that it is in the best interests of the Municipality to do so.
4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for
the acquisition or disposal of land, including the sale of road allowances, shall be conducted in open session.
4.8.7 The Motion to rise from “In Camera” shall include the time that Members arose
followed by a subsequent motion for each item considered.
4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting when it is closed to the public.
4.8.9 Members shall ensure that confidential matters disclosed to them during closed
Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Council Code of Conduct.
4.9 Quorum
4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority of Members present and voting is necessary to carry a resolution.
4.9.2 A quorum of Committees shall be a simple majority of the total Advisory Board or Committee Members, including any vacancies.
4.9.3 If a Quorum is not present within thirty (30) minutes after the time appointed
for the Meeting, the Clerk shall record the names of the Members present
and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law.
4.10 Education and/or Training Sessions
4.10.1 An Education and/or Training Session shall not be deemed to be a Meeting and shall not be subject to the rules and regulations applicable to Meetings contained in this By-law.
4.10.2 Members may decide at a Meeting open to the public to convene an informal gathering of its Members to receive and discuss information or advice of a general nature involving subject matters of interest to the Members, at a time and place designated at that time by the Members.
4.10.3 Members in deciding to convene an Education and/or Training Session, shall designate the general purpose or purposes for which the session is to be held. 4.10.4 An Education and/or Training Session may be held at any place designated by
the Members at the time at which it makes its decision to convene the session,
whether or not within the boundaries of the Municipality or any adjacent municipality. 4.10.5 All Members are entitled to attend at the session, together with the designated
staff or consultants retained by the Municipality, but the Members, in deciding
to convene the session, may decide to exclude the public therefrom. 4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw-vote, report, recommendation or other action or decision may be
proposed, discussed, decided upon, adopted, taken or made at an Education
and/or Training Session. 4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt with during the session and upon conclusion thereof, the notes shall be
maintained as a public record under the control of the Clerk which records
shall not be subject to section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy Act, as amended. 4.11 Public Notice of Meeting
Regular Meetings 4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted
on the Municipal Website no later than the second week of the month prior to the commencement of the monthly schedule. 4.11.2 Public notice of each regularly scheduled Meeting shall be deemed to be given by making the agenda available for viewing on the Municipal Website by 4:00
P.M. on the Friday preceding the regularly scheduled Meeting.
Special Meetings 4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on
the Municipal Website at least one week prior to the amended Meeting date
where practicable to do so. 4.11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal Website and the Press shall be notified by e-mail not less than
twenty-four (24) hours before the time appointed for the Special Meeting.
Emergency Special Meetings 4.11.5 Where an Emergency Special Meeting is held in accordance with Section 4.5,
notice of the Emergency Special Meeting shall be posted at the Municipal
Office and on the Municipal Website, and shall be communicated electronically to the Press as soon as practicable following the Meeting and shall indicate the nature of the business considered at the Emergency Special Meeting.
4.12 Adjournment - Due Hour 4.12.1 Except as provided in Section 11.30, a Regular or Special Meeting shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such
other day and time as Members, by resolution, may direct.
4.13 Cancellation of Meeting 4.13.1 The Chair, or the Clerk in the absence of the Chair, may cancel any Meeting if
he is of the opinion that weather conditions or an emergency warrant. The
Clerk shall inform as many Members as he is able to reach, the media and any persons that are scheduled to be in attendance. 4.13.2 Postponement of the Meeting shall not be for any longer than the next
regularly scheduled Meeting.
Section 5 - AGENDAS AND MINUTES 5.1 Council Meeting Agenda
5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at the Regular Meetings of Council:
I. Call to Order II. Disclosures of Pecuniary Interest III. Review of Items Not Listed on Agenda IV. Announcements
V. Presentations/Special Events
VI. Delegations VII. Adoption of Minutes of previous Meeting(s) VIII. Motions and Notice of Motion IX. Open Forum
X. Recreation, Culture, Tourism and Economic Development
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XI. Physical Services – Emergency Services
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XII. Development Services – Sustainability and Conservation
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XIII. Finance and Administration
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XIV. By-laws
XV. Unfinished Business XVI. Other Business XVII. By-law to Confirm the Proceedings of Council XVIII. Adjournment
5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Regular Council Meeting in question.
5.1.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.1.4. In order to ensure accountability and transparency of decision-making and to
protect the public interest and ensure equitable treatment of all citizens,
additions to the Agenda shall not be permitted, except when a matter is of a time-sensitive nature. Time-sensitive matters will be determined and agreed upon by the CAO|Clerk and the Mayor. A time-sensitive matter will be added to
the Agenda via Addendum or brought forth at the meeting of Council during the Review of Items Not Listed on the Agenda section. Any matter not deemed time-sensitive and not included on the Agenda prior to publication as noted in 5.1.2 will be included on the Agenda for the next meeting of Council.
5.1.5 For the purpose of this section, a matter is deemed to be of a time-sensitive
nature when it will negatively impact the health, safety and well-being of persons, expose the Municipality to liability or negatively impact the Municipality’s position in negotiation if Council does not make a decision and the Municipality does not act on the matter prior to the next regular meeting of
Council.
5.1.6 In order to address accountability and transparency and in the event a Verbal Matter is proposed for inclusion on the Agenda, it shall be the responsibility of the member of staff or Council proposing the item to complete a Verbal Matters
Form prior to the meeting, which will be included in the Agenda package and the
Agenda reposted. In the event a Verbal Matters Form cannot be provided prior to the meeting, it is required to be provided to the CAO|Clerk no later than five (5) business days post-meeting to be included on the Agenda package and the Agenda reposted.
5.2 Statutory Planning Meeting Agenda 5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Statutory Planning Meeting:
I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting IV. Purpose and Effect of the Proposed Amendment
V. Public Participation
VI. Correspondence VII. Other Business VIII. Adjournment
5.2.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Statutory Planning Meeting in question. 5.2.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members
present and voting.
5.2.4 With respect to V. Public Participation, the applicant and/or any agent thereof,
making oral representation on their behalf, shall be permitted to present to Council for a cumulative duration of twenty (20) minutes maximum.
Any individual resident attending a Statutory Planning Meeting and wishing to make oral representation shall be permitted to speak for a maximum of ten (10)
minutes. An extension to speak may be decided, without debate, by a majority of Council Members present.
5.3 Committee of Adjustment Meeting Agenda
5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Committee of Adjustment Meeting:
I. Call to Order
II. Disclosures of Pecuniary Interest III. Adoption of Minutes of previous Meeting(s) IV. Chairman’s Remarks on the Purpose of the Meeting V. Public Participation
VI. Correspondence
VII. Other Business VIII. Adjournment 5.3.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Committee of Adjustment
Meeting in question. 5.3.3 The business of the Committee of Adjustment shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the
majority of the Members present and voting.
5.4 Court of Revision Meeting Agenda 5.4.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Court of Revision Meeting:
I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting
IV. Staff Presentation
V. Public Participation VI. Correspondence VII. Other Business VIII. Adjournment
5.4.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Court of Revision Meeting in question.
5.4.3 The business of the Court of Revision shall be considered in the order as it
appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting.
5.5 Public Meeting Agenda 5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Public Meeting:
IX. Call to Order X. Disclosures of Pecuniary Interest XI. Chairman’s Remarks on the Purpose of the Meeting XII. Public Participation
XIII. Correspondence
XIV. Other Business XV. Adjournment 5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Public Meeting in question.
5.5.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting.
5.6 Advisory Board and Committee Agenda
5.6.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Court of Revision Meeting: I. Call to Order II. Disclosure of Pecuniary Interest
III. Delegations
IV. Adoption of Minutes V. Matters of Business VI. Adjournment
5.6.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Board or Committee Meeting in question. 5.6.3 The business of the Advisory Board or Committee shall be considered in the
order as it appears on the Agenda, unless otherwise decided by a vote of the
majority of the Members present and voting. 5.7 Meeting Minutes 5.7.1 The Clerk shall cause the Minutes to be taken of each Meeting whether it is
closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting; b) the name of the Chair and the record of attendance of the Members; i. should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted;
c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes prior to the Meeting; e) all resolutions, decisions of the Meeting without note or comment.
5.7.2 The Minutes of each Meeting shall be presented for confirmation at the next
Regular Meeting of the subject Meeting type. 5.7.3 Where the Minutes have been de livered to the Members in advance of the Meeting, the Minutes shall not be read, and a resolution that the minutes be
approved shall be in order.
5.7.4 Following approval of the Minutes, the Minutes shall be signed by the Chair and the Clerk.
5.7.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings
are posted on the Municipal website and prepared in accordance with Section 5.7.1 of this Procedural By-law. Section 6 - ORDER OF PROCEEDINGS OF COUNCIL MEETINGS
6.1 Call to Order 6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Mayor shall take the Chair and call the Members present to
order.
6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Deputy Mayor shall preside over the Meeting and shall exercise all duties and responsibilities of
the Mayor as outlined in this Procedural By-law until the Mayor is present at
the Meeting and able to perform his responsibility to assume the chair. 6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Clerk shall call the
Meeting to order, and the Members present shall appoint a Presiding
Member who shall act as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is able to assume the chair.
6.2 Disclosures of Pecuniary Interest
6.2.1 Where a Member, either on his own behalf or while ac ting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration,
the Member shall:
a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect
to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 6.2.2 Where the Meeting is not open to the public, in addition to complying with the
requirements of Section 6.2.1, the Member shall immediately leave the Meeting
or part of the Meeting during which the matter is under consideration. 6.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest
and otherwise comply at the first Meeting attended by him after the particular
Meeting. 6.3 Presentations / Special Events
6.3.1 At the request of a Member of Council or the Municipality’s staff, any person,
organization, corporation, or appointed official may be permitted to address the Members to inform them of matters of significance to the Municipality provided that the request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week preceding the Meeting.
6.3.2 Presentations shall include only the following: a) civic recognition / awards; b) presentations by Municipal staff or consultants retained by the
Municipality;
c) presentations from senior levels of government or other municipal governments. 6.3.3 Municipal audio visual equipment may be used to assist in presentations,
provided that permission has been obtained for the use of such equipment
from the Clerk at the time the presenter contacts the Clerk to register for the meeting. The presentation material must be provided to the Clerk at least by 9:00 a.m. on the Thursday preceding the Meeting.
6.4 Announcements
6.4.1 During the announcement portion of a Council Meeting, Members may announce or comment on community events and activities when recognized by the Presiding Member.
6.5 Delegations 6.5.1 See Section 9.
6.6 Open Forum
6.6.1 An Open Forum shall last no longer than ten (10) minutes. Each speaker will be permitted to speak for a maximum of two (2) minutes total and will only be
permitted to speak once. 6.6.2 Each speaker shall be required to register with the Clerk in writing prior to noon on the day of a Council meeting, by providing their name and address and agenda item number, which may become part of the public record. 6.6.3 No discussion or debate, and no decision or motion shall be made during or as a
result of comment made during Open Forum.
6.6.4 The Mayor will call on registered speakers in order of their registration. 6.6.5 The Mayor may conclude Open Forum prior to the (10) minute maximum time limit for non-compliance with the Open Forum parameters, conduct of members of the public, or any other reason.
6.6.6 The following matters will not be permitted during Open Forum:
a) Comments/complaints against Members of Council or Municipal staff; b) Closed Session agenda items; c) Comments with respect to Minutes of Council or Committees; d) Comments that are contrary to the Municipal Freedom of Information
and Protection of Privacy Act (MFIPPA)
e) Comments with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act, with the exception of a comment related to a recommendation contained in a Staff Report.
6.7 Minutes 6.7.1 Minutes of previous Meetings shall be listed under this section of the Agenda.
6.7.2 Previous Meeting Minutes may be disposed of through a single resolution or,
alternatively, any Member may request that one or more recommendations contained in the Minutes be separated and voted on separately. 6.8 Motions and Notices of Motion
6.8.1 A Member of Council may file a Motion to be placed on the Council Agenda with the Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council Meeting at which it is to be presented for consideration and dealt with.
6.8.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m. on the Tuesday of the week preceding the Council Meeting at which it is to be presented, of which shall be deliberated at the next Regular Meeting of Council.
6.9 Correspondence 6.9.1 All Correspondence intended to be presented to Council shall be legibly written or printed, shall not contain any impertinent or improper matter or
language, shall identify the author(s) by name and municipal address and
shall be filed with the Clerk before it is presented to Council. 6.9.2 Every item of Correspondence shall be delivered to the Clerk no later than
Tuesday at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is delegated the authority to direct the item of Correspondence or a summary thereof to the appropriate Agenda. The Clerk shall ensure that a summary of the content of the correspondence is prepared and included in the Agenda and a recommendation for disposal, being either “Receive for
Information” or “Requiring Action” is assigned.
6.9.3 Notwithstanding Section 6.9.2, and at the discretion of the Clerk, Correspondence received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an urgent nature or directly relevant to a matter on the
Agenda for the Meeting, may be communicated to Council by way of an
Addendum to the Agenda including a summary of the content of the Correspondence item. 6.9.4 Upon presentation of a motion and prior to its approval, any item of
Correspondence may be the subject of limited discussion. Council may briefly
discuss the matter and if consensus is reached, a revised recommendation may be presented. 6.10 Reports to Council
6.10.1 The Reports to Council section of the Council Agenda shall include any report that, due to timing, urgency, the important nature of the report and/or expediency, the Clerk has determined should be considered by Council.
6.10.2 Notwithstanding Sections 5.1.4 and 5.1.5 of this By-law, Reports to Council
may be included on an Addendum at the sole discretion of the Clerk. 6.11 By-laws
6.11.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law
granting authority to borrow under the authority of the Municipal Act, or any by-law arising as the result of an order or decision of any quasi-judicial body, shall be presented to Council unless the subject matter thereof has been considered by Council and has been approved by Council. The Clerk shall
prepare and include in the Council Agenda a summary of all By-laws,
specifying the title of each By-law. 6.11.2 Every By-law, when introduced, shall be in typewritten form and shall contain no blanks, except such as may be required to conform to accepted procedure
or to comply with the provisions of any Act, and shall be complete with the
number and date to be affixed. 6.11.3 All by-laws shall be given first and second readings in a single motion, unless a Member wishes to discuss the contents of a specific by-law, at which time
the subject by-law shall be removed from the motion and dealt with separately.
6.11.4 When the by-laws are reported with or without amendment, they shall be forthwith given third reading in a single motion at the same Meeting on the
affirmative vote of the majority of the Members present and voting. 6.11.5 The Clerk shall endorse on all By-laws enacted by Council, the date of the several readings thereof.
6.11.6 Every By-law which has been enacted by Council shall be numbered and
dated, and shall be signed by the Mayor, or his designate, and the Clerk, sealed with the seal of the Municipality and, thereafter, shall be retained under the control of the Clerk.
6.12 Unfinished Business
6.12.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of an Agenda matter or previous Agenda, shall be disposed of during this portion of the Meeting.
6.13 Other Business 6.13.1 Items of business requiring the direction of Council or a formal resolution will appear under this section in the Agenda. These matters should generally pertain
to information items and can include Reports on Advisory Committees. Any
proposal to present a Motion must comply with Section 11 of this By-law. 6.14 By-law to Confirm the Proceedings of Council
6.14.1 At the conclusion of all Regular and Special Meetings of Council and prior to
Adjournment, a Confirming By -law shall be brought forward to confirm the actions of the Council at that Meeting in respect of each Motion, Resolution and other action taken and a Confirming By-law, when introduced, shall be taken as having been read and shall be voted on without debate.
6.15 Adjournment 6.15.1 See Sections 11.28, Section 11.29 and Section 11.30
6.16 Electronic Participation
6.16.1 Notwithstanding that set forth in Section 6, and in accordance with the COVID-
19 Economic Recovery Act, 2020 to amend the Municipal Act, 2001, the following rules and regulations for electronic participation in a Council Meeting
shall apply:
a) A Member who is unable to attend a Council Meeting in person may participate in that Meeting by electronic or other communication facilities if the facilities enable all participating Members, whether attending in person or through
electronic participation, to hear and be heard by all other Members.
b) Except for all or any part of the Council Meeting that is closed to the public, the electronic or other facilities are capable of and enable the public to hear, or watch and hear, all Members participating in the Meeting. c) A Member who intends to participate in any such Meeting of Council by
electronic or other communication facilities shall give to the Clerk Notice of that
intention at least 24 hours prior to the commencement of such Meeting, provided that, if Notice of such Meeting is provided less than 24 hours prior to its scheduled commencement, then the Member shall give to the Clerk as much notice as possible prior to commencement of such Meeting. In all such
circumstances, the Clerk will, as soon as reasonably possible, provide the
Member intending to attend by electronic participation with instructions on how to connect to and participate in that Meeting by electronic or other communication facilities.
d) There shall be no limit upon the number of Members who may attend a Meeting
of Council by electronic or other communication facilities. e) The Mayor (or designate), as Chair, shall lead the Meeting and be present from a designated meeting location supported by the CAO (or designate), where
possible.
f) Each Member attending the Meeting by electronic or other communication facilities shall notify the Chair and other Members when he or she joins the Meeting and, if and when applicable, upon leaving the Meeting.
g) Any Member attending and present during a Meeting by electronic or other communication facilities shall be counted for purposes of quorum at the commencement of and at any point in time during the Meeting.
h) Any Member attending and present during a Meeting by electronic or other
communication facilities may participate in all aspects of the Meeting as if present in person, including but not limited to debate, questioning, presentation of motion, and/or voting.
i) During the course of a Meeting within which any Member is participating by
electronic or other communication facilities, the Chair (or designate) shall announce each agenda item on the floor of the Meeting and shall thereafter maintain an orderly meeting process, including keeping Members fully informed.
j) Any Member attending and present during a Meeting by electronic or other
communication facilities may vote on any matter being considered in such Meeting and that vote shall be counted and, as set forth below, duly recorded. k) During the course of each vote conducted within such Meeting:
i. All votes shall be a recorded vote conducted by the Clerk, as directed by
the Chair, unless Council decides otherwise. ii. The Clerk shall call the name of each Member to vote and shall thereafter record such indicated vote of that Member as “yes” or “no’.
iii. If the Member, whether present in person or electronically and after two attempts, fails to respond to the call of his or her name, then the vote is recorded as “no”, unless directed otherwise by the Chair. iv. The Clerk shall announce the results of the vote to the Chair and Council, including announcement of the specific vote of each Member as either
“yes” or “no”.
l) During the course of the Meeting: i. Each Member shall remain silent and attentive to the proceeding when not assigned to the floor by the Chair.
ii. Each Member shall listen for their name to be assigned to the floor to
speak or to vote. iii. All Members shall take and abide by the directions of the Chair in order to facilitate an effective, efficient, and orderly Meeting.
6.16.2 The rules and regulations set forth under Section 6.16.1 of this By-law shall also
be applicable to any Council Meeting held during any period in which an emergency has been declared to exist in all or part of the territorial limits of the Municipality of Bayham pursuant to either section 4 or 7.0.1 of the Emergency
Management and Civil Protection Act.
Section 7 - ORDER OF PROCEEDINGS – PUBLIC MEETINGS 7.1 Public Meetings
7.1.2 Public Meetings shall be conducted in the following manner:
a) the Chair shall state the purpose of the Public Meeting and shall explain to those present how the Public Meeting shall be conducted;
b) a member of the Municipal staff and/or Municipal Consultant shall
then address the Council to present the matter to the Council; c) if applicable, the applicant or agent who is present shall then make representation regarding the matter; d) Members of the Committee shall then be given the opportunity
to ask questions or seek clarification regarding the matter; and
e) members of the public shall then be permitted to make representation regarding the matter. 7.2 Adjournment
7.2.1 See Section 11.28, Section 11.29 and Section 11.30 Section 8 - ORDER OF PROCEEDINGS – BOARD AND COMMITTEE MEETINGS
8.1 Call to Order
8.1.2 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Chair shall call the Members present to order.
8.1.3 If the Chair does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Vice Chair shall preside over the Meeting and shall exercise all duties and responsibilities of the Chair as outlined in this Procedural By-law until the Chair is present at
the Meeting and able to perform his responsibility to assume the chair.
8.1.4 If the Vice Chair is also not present within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Clerk shall call the Meeting to order, and the Members present shall appoint a Presiding Member who
shall act as Chair of the Meeting until the arrival of the Chair or Vice Chair,
whoever is the first to arrive and is able to assume the chair. 8.2 Disclosures of Pecuniary Interest
8.2.1 Where a Member, either on his own behalf or while acting for, by, with or
through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting of the Advisory Board or Committee at which the matter is the subject of consideration the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the
interest and the general nature thereof;
b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question.
8.2.2 Where the Meeting is not open to the public, in addition to complying with the requirements of Section 6.2.1, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration.
8.2.3 Where a Member is absent from a Meeting which includes a matter for which
the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting attended by him after the particular Meeting.
8.3 Delegations
8.3.1 See Section 9.
8.4 Matters of Business
8.4.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of another Agenda heading, shall be disposed of during this portion of the Meeting.
8.4.2 Items of business requiring the direction of the Advisory Board or Committee or a formal resolution will appear under this heading in the Agenda. These matters should generally pertain to information items and can include correspondence and Members’ Reports.
8.4.3 All Matters of Business intended to be presented to the Advisory Board or Committee shall be legibly written or printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Clerk before it is presented to the Advisory
Board or Committee.
8.4.4 All matters to be considered under this heading of the Agenda shall be received by the Clerk no less than five (5) days prior to the Advisory Board or Committee Meeting date.
8.5 Adjournment 8.5.1 See Section 11.28, Section 11.29 and Section 11.30
Section 9 - DELEGATIONS
9.1 Delegations 9.1.1 There shall be no more than four (4) delegations, in total, scheduled for any
Regular Meeting unless the Chair approves additional delegations no later than
forty-eight (48) hours prior to the Regular Meeting. 9.1.2 Persons desiring to verbally present information on matters of fact or to make a request shall give notice, including specific details regarding the subject of their
address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the
week prior to the Meeting. 9.1.3 Notwithstanding Section 9.1.2, Members may, at their sole discretion, entertain delegations with less notice as the circumstance may warrant with a two-thirds
(2/3) majority.
9.1.4 Notwithstanding Section 9.1.3, a person wishing to present information is not required to give written notice nor be listed on the agenda with respect to a matter which the public has been given notice of the Public Meeting under the
Planning Act, any other Act, or according to Municipal Policy, as required.
9.1.5 A Delegation shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may
be decided, without debate, by a majority of Members present. Where a
delegation consists of a group of three or more persons, the group may speak for no more than fifteen (15) minutes. Where a Delegation wishes to provide Members with written communication, including a petition, supporting the Delegation’s comments, the communication s hall be provided to the Clerk and
may be distributed to the Members at the discretion of the Clerk.
9.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that permission has been obtained for the use of such equipment from
the Clerk at the time the presenter(s) contacts the Clerk’s Department to register for the meeting. The presentation material must be provided to the
Clerk by 9:00 A.M. Thursday the week prior to the scheduled day of the Meeting. 9.1.7 No Delegation shall: a) speak disrespectfully of any person;
b) use improper language or unparliamentary language; c) speak on any subject other than the subject for which they have received approval to address; or d) disobey the rules of procedure or a decision of the Members.
9.1.8 Members shall be permitted to ask questions of delegates only to clarify their submissions or to elicit further information from them that is relevant to their submission. 9.1.9 Members may refuse to hear delegations when, in the opinion of Members, the
subject of the presentation is beyond the jurisdiction of the Municipality.
9.2 Petitions 9.2.1 Every petition intended to be presented shall be legibly written or printed and
shall not contain any impertinent or improper matter or language and shall be
signed by at least one person and filed with the Clerk. 9.2.2 Every petition shall be delivered to the Clerk not later than Thursday at 9:00 a.m. of the week prior to the Meeting before the commencement of the Meeting
and, if in the opinion of the Clerk it contains any impertinent or improper matter
or language, the Clerk shall decide whether it should be included in the Agenda. Section 10 - RULES OF DEBATE AND CONDUCT
10.1 Conduct of Members 10.1.1 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any
Member of the Royal Family, or of the Governor-General, the
Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; b) use offensive words or unparliamentary language or speak
disrespectfully against any Member or against any officer or
employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the
Meeting, on questions of Points of Order or procedure or upon
the interpretation of the Rules of Procedure except where the ruling of the Chair is reversed by the Members pursuant to Section 11.23. If a Member persists in any such disobedience after having been called to order, the Chair shall forthwith order
that Member to vacate the room in which the Meeting is being held, but if the Member apologizes, he may, by majority vote of
the Members, be permitted to retake his seat; e) speak in a manner that is discriminatory in nature based on an individual’s race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; or
f) where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person.
10.2 Address the Chair 10.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only.
10.3 Order of Speaking 10.3.1 The Chair over any part of a Meeting may state relevant facts and their position on any matter before Members without leaving the chair, which may take place
immediately prior to the vote, but it shall not be permissible for the Chair to
move a motion or debate without first leaving the chair. 10.3.2 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next
recognize in order the other Members.
10.4 Point of Privilege 10.4.1 Where a Member considers that his integrity, the integrity of the Members as a
whole, or the integrity of staff has been impugned, the Member may, on a Point
of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of Members to the matter. 10.4.2 When a Member is permitted to raise such matter of privilege, it shall take
precedence over other matters, but the Member shall not be permitted to enter
into any argument or introduce any Motion related to the Point of Privilege. 10.4.3 When the Chair considers that the integrity of the Administrator or a Member of Municipal Staff has been impugned or questioned, the Chair may permit the
Administrator or Staff to make a statement to Members.
10.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final.
10.5 Point of Order
10.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair
and the Chair shall then decide upon the Point of Order and advise the Member of the decision.
10.6 Appeal of Ruling of Chair 10.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to Members, the decision of
the Chair shall be final. 10.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to Members, otherwise the decision of the Chair is final.
10.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by Members, without debate on the following question: “Will the ruling be sustained?”, and the decision of Members, is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained.
10.7 Members Speaking 10.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair, or interrupt the Member except to raise a Point of Order.
10.8 Question Read 10.8.1 Any Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking.
10.9 Speak Once – Reply 10.9.1 No Member shall speak more than once to the same question without leave of Members except that a reply shall be allowed to be made only by a Member
who has presented the motion, but not by any Member who has moved an
amendment or procedural motion in response to that motion. 10.10 Time Limited
10.10.1 No Member, without leave of Members shall speak to the same question or in
reply for longer than five (5) minutes. 10.11 Questions
10.11.1 A Member may ask a question for the purposes of obtaining information relating
only to the matter under discussion and such questions must be stated concisely and asked only through the Chair. 10.11.2 Notwithstanding Section 10.11.1 when a Member has been recognized as the
next speaker, then immediately before speaking, such Member may ask a
question through the Chair to any Member, the Administrator Staff, concerning any matter connected with the business of the Municipality currently under discussion but only for the purpose of obtaining information, following which the Member may speak.
Section 11 - MOTIONS
Reading
11.1 All motions must be introduced by a mover and a seconder before the Chair
may put the question or motion on the floor for consideration. If no Member
seconds the motion, the motion shall not be on the floor for consideration and therefore it shall not be recorded in the minutes. 11.2 When a motion is presented in a Meeting, it shall be read in its entirety before
debate.
11.3 Notwithstanding Section 11.1, if a motion is printed in the Agenda as either a separate item or as part of a Report, it need not be read in its entirety unless requested to do so by a Member but shall be deemed as read for the
purposes of introducing the Motion.
11.4 If, during a Meeting, the Chair desires to leave the chair to move a motion or take part in the debate or otherwise, the Presiding Member shall call on the Deputy Mayor or Vice Chair to preside until the motion is disposed of.
Withdrawn 11.5 After a motion is properly moved and seconded, it shall be deemed to be in possession of Members, but may be withdrawn by the mover at any time before
decision or amendment.
No debate until properly moved and seconded 11.6 No Member shall speak to any motion until it is properly moved and seconded,
and the mover is entitled to speak first if the Member so elects. If debated, the
question or motion may be read before being put.
Motion ruled out of order
11.7 Whenever the Chair is of the opinion that a motion is contrary to these Rules of
Procedure, the Chair shall rule the motion out of order.
Not within jurisdiction of Council
11.8 A Motion in respect of a matter which requires the exercise of a legislative
power by Council which is not within its jurisdiction shall not be in order at a Meeting of Council.
Motions Without Notice and Without Leave
11.9 The following matters and motions may be introduced orally by a Member without written notice and without leave, except as otherwise provided by this Procedural By-law, and shall be decided without debate: a) a point of order or privilege;
b) to adjourn; c) to table the question without directions or instructions;
d) to suspend the Rules of Procedure; e) to lift from the table;
f) to divide the question; g) to refer (without instructions); h) question be now put; and i) to recess.
11.10 The following motions may be introduced orally by a Member without notice and without leave, except as otherwise provided by this Procedural By-law, and may be debated: a) to refer with direction (direction for referral only to be debatable); to table with instructions (instructions for tabling only to be
debatable); b) to amend; and c) to rescind.
Priority of Disposition
11.11 A motion properly before Members for decision must be disposed of before any other motion can be received except a motion in respect of matters listed in Sections 11.8 and 11.9.
Motion to Amend
11.12 A motion to amend: a) shall be presented in writing if requested by the Chair; b) shall relate to the subject matter of the main motion;
c) shall not be received proposing a direct negative to the question;
and d) shall be put to a vote in reverse order to the order in which the amendments are made.
11.13 Only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original motion.
Question be now put
11.14 A motion that the question be now put:
a) is not debatable cannot be amended b) cannot be proposed when there is an amending motion under c) consideration, except for the purpose of moving that the d) amending motion be put;
e) when resolved in the affirmative, requires that the question,
motion, amending motion or motion as amended, whichever is under consideration be put forward immediately without debate or amendment; f) can only be moved in the following words, “that the question be
now put”; and
g) requires an affirmative vote of two-thirds (2/3) of the Members present and voting.
Motion to refer or defer/postpone
11.15 A motion to refer or to refer back or to defer or to postpone the question may include instructions respecting the terms upon which the question is to be referred or deferred or postponed. 11.16 A motion to refer or to refer back or to defer or to postpone the question shall
not be debatable except where instructions are included, in which case, only the instructions shall be debatable. 11.17 A motion to refer or to refer back or to defer or to postpone the question may not be amended except where instructions are included, in which case, only the
instructions may be amended in accordance with the provisions in Section 11.15.
Motion to table
11.18 A motion simply to table is not debatable except where instructions are
included, in which case, only the instructions shall be debatable. Such motion cannot be amended. 11.19 A motion to table with some condition, opinion, or qualification added to the
motion shall be deemed to be a motion to defer or postpone made under
Section 11.14, Section 11.15 and Section 11.16. 11.20 The matter tabled shall not be considered again by Members until a motion has been made to lift from the table the tabled matter at the same or subsequent
Meeting.
11.21 A motion to lift a tabled matter from the table is not subject to debate or amendment.
Motion to divide
11.22 A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members present and voting.
Motion to rescind 11.23 A motion to rescind a previous action of Members requires a majority vote of the Members present and voting provided that notice has been given at the
previous Meeting or in the Agenda for the Meeting, and in case the aforesaid
notice has not been given, the motion to rescind requires a two-thirds (2/3) vote of the Members present and voting. 11.24 A motion to rescind is not in order when action has been taken on the order of
Members of which it is impossible to revise. The part of an order of Members
which has not been acted upon, however, may be rescinded.
Reconsideration
11.25 A resolution, by-law or any question or matter (except one of indefinite postponement) which has been adopted previously by Members may be reconsidered by Members subject to the following: a) Only a Member who voted thereon with the majority may make a Motion to Reconsider;
b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration;
d) if a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and
e) a vote to reconsider a particular matter or decision will not be
considered more than once during the term of Council.
Motion to recess
11.26 A motion to recess shall provide for Members to take a short intermission within
a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted.
11.27 A motion to recess is not debatable, but it is amendable as to the length of the
recess and is not in order when another motion is on the floor.
Motion to Adjourn
11.28 A motion to adjourn is not debatable or amendable and shall always be in order
except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or
d) when a Member has indicated to the Chair his desire to speak on
the matter. 11.29 A motion to adjourn, if carried, without qualification, will bring a Meeting to an end.
11.30 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and
c) shall require the support of two-thirds (2/3) of the Members
present and voting. d) Any Regular or Special Meeting proceeding past 11:00 p.m. shall not proceed past 11:30 p.m. e) Members shall use this additional time to dispose of the most time-
sensitive items as decided at the sole discretion of Members. f) Any items not formally disposed of by 11:30 p.m. shall be deemed
deferred until the next Meeting, as determined by resolution, and will be disposed of at that time. Section 12 - VOTING ON MOTIONS
12.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the form introduced and shall do so if required by a Member. 12.2 After a question is finally put by the Chair, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been
declared. 12.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question.
12.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act
from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 12.5 A Member not in his seat when the question is called by the Chair is not entitled to
vote on that question.
12.6 Each Member has only one vote. 12.7 The Chair shall announce the result of every vote.
Unrecorded Vote 12.8 The manner of determining the decision of the Members on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise.
Recorded Vote 12.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote may be requested by a Member at which time each Member present, except a Member
who is disqualified from voting by any Act, shall announce his vote openly and the
Clerk shall record his name and his vote on the question. 12.10 The order in which Council Members, present and voting, vote on Recorded Votes shall be:
a) Ward Councillors (in ascending numerical order);
b) Deputy Mayor; and c) Mayor 12.11 The order in which Board or Committee Members, present and voting, vote on
Recorded Votes shall be in alphabetical order by surname and the Chair last.
12.12 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote, the Member shall be deemed and recorded as voting against the question.
Section 13 - CONDUCT OF THE AUDIENCE
13.1 Members of the public who constitute the audience in the Council Chamber, or other such place where a Meeting is held in accordance with Section 4 of this Procedural By-law, during a Meeting shall respect the decorum of Council, maintain order and quiet and may not: a) address Council without permission;
b) interrupt any speaker or action of the Members or any person addressing Council; c) speak out; d) applaud; e) behave in a disorderly manner; or
f) make any noise or sound that proves disruptive to the conduct of the Meeting. 13.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Council Chambers, or any other location in which Council may conduct their business.
13.3 The Mayor or Chair may request that a member or members of the public vacate the Council Chambers or any other location in which Council may conduct their business if their behaviour is deemed to be disruptive to the business at hand.
Section 14 - ADMINISTRATION
14.1 This By-law shall be administered by the Clerk. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS: 1. THAT By-Law No. 2022-003 and any associated amendments shall be repealed; 2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF MARCH 2023.
______________________________ _____________________________ MAYOR CLERK
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Deputy Clerk
DATE: March 16, 2023
REPORT: CL-05/23 SUBJECT: MUNICIPAL ASSISTANCE REQUEST
BACKGROUND
Council received Report CL-02/23 on February 16, 2023. This Report contained information from local organizations requesting Municipal Assistance for their planned 2023 Special Events. Submissions were requested to be submitted for consideration earlier this year. It was noted at
the time that no requests were provided from the Bayham Beachfest Committee. After the disposition of Report CL-02/23, Bayham Beachfest did submit a request, to be
considered by Council for the 2023 calendar year. DISCUSSION Below outlines the request received from the Bayham Beachfest Committee for the Port Burwell Santa Claus Parade: Organization: Bayham Beachfest Committee Event: Port Burwell Santa Claus Parade Date: December 2, 2023 Facility Requested: No Road Closure Required: Yes Special Requests (Materials): N/A
Road closure and staff resources are requested for this event. It is noted in the request that the desired route may be amended depending on the status of Robinson Street by the Lighthouse. Staff will work with the Committee for final details, if approved.
Although not requested, staff recommend listing the use of cones for their event with the new deposit system.
Speaking with the Bayham Beachfest Committee, they have also noted that they will not be
hosting the typical “Beachfest” but that they do hope to be able to have the summer fireworks. It was noted to the Committee that since there are no facility, road closure, or material requests
for the fireworks, that the request does not have to go to Council. There are, however, internal processes and proof of insurance required. Staff will work with the Committee for this and advertise the event on the Municipal Website Calendar, if approved. RECOMMENDATION THAT Report CL-05/23 re Municipal Assistance Request be received for information;
AND THAT the proposed road closure and staff resource request for the Port Burwell Santa Clause Parade be approved with the ability to utilize the OPP as a backup and, if utilized, compensate from the Municipal Assistance Budget, subject to provision of liability insurance
certificate in the minimum amount of $2,000,000.00 naming the Municipality of Bayham as additional insured; AND THAT the use of ten (10) safety cones be provided for the event with a deposit of $10/item to be provided to the Municipality prior to the event;
AND THAT staff be directed to advise external agencies of the event and obtain County approval for use of County roads for noted closures;
AND THAT staff be directed to further coordinate details of the events with the event contacts; AND THAT the Municipality of Bayham reserves the right to revoke said approvals at any time for any reason.
Respectively Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Deputy Clerk CAO|Clerk
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Deputy Clerk
DATE: March 16, 2023
REPORT: CL-06/23 SUBJECT: NEW MUNICIPAL WEBSITE PROCUREMENT – GHD DIGITAL
BACKGROUND
The Municipality of Bayham has been seeking avenues to complete a fulsome redevelopment of its Municipal website since Q1 2022. In 2022 and by way of two Reports – CAO-07/22 and CAO-11/22 – Council was advised of public comments after the 2022 Capital Budget
Consultation desirous of a new Municipal website. In accordance, staff acquired quotes for and made an application to the Ontario Trillium Foundation – Resilient Communities Fund, requesting funding support for a new Municipal website.
The Municipality’s application was unsuccessful; however, on December 13, 2022 at a Special Meeting, Council received Report TR-18/22 re 2023-2032 Capital Budget – Draft. Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report TR-18/22 re 2023-2032 Capital Budget - Draft be received for information; AND THAT staff bring forward a report regarding strategies to fund beach accessibility improvements; AND THAT the 2023-2032 Capital Budget – Draft be amended as discussed and approved in principle.
One of the 2023 Capital Items approved in principle was: GG-04 – Website Redevelopment – $45,000
The $45,000 was a reasonable estimate based on the quotes received and reported to Council via CAO-11/22. Website quotes ranged between $12,000 and $61,000, with variable annual
operating costs between $2,100 and $6,800, dependent on the company and level of service. DISCUSSION In February 2023, staff re-engaged vendors deemed competitive with respect to their quotes provided in 2022. One of the companies engaged was GHD Digital (formerly eSolutions, hereinafter ‘GHD’), who provided a Proposal as attached to this Report. GHD is a popular and renowned website design company specializing in public sector websites and ensuring smooth operation and optimal web accessibility in compliance with relevant accessibility legislation. They have completed over 600 municipal website projects in Canada, including a large number in Ontario. It is worth noting that many of our neighbouring
municipalities utilized GHD for their websites, including:
Town of Tillsonburg
Township of Malahide
Municipality of Central Elgin
Township of Norwich
Township of South-west Oxford;
and, GHD are an Association of Municipalities of Ontario (AMO) Preferred Vendor, which, as Bayham is an AMO member, allows us to access their membership discount. The CAO|Clerk also has substantial knowledge and experience with GHD’s platforms, having led a website
implementation through eSolutions in 2018 for the Municipality of Trent Hills. When GHD was re-engaged, staff sought to confirm ability to address key areas of interest for increased communication and service to residents:
Accessibility
Social Media Integration
Flexible User-Friendly Platform
Integration with Laserfiche To this, they have advised the following while recommending their new GovStack platform,
which is essentially a newer, more flexible and customizable version of the iCreate platform, used by many municipalities across Canada. Accessibility GHD has confirmed that, in accordance with the Accessibility for Ontarians with Disabilities Act,
2005, SO 2005 c11, as amended (AODA), their products are compliant to Web Content Accessibility Guidelines (WCAG) 2.0 AA, which is the current public sector standard.
Social Media Integration
The Municipality currently uses Voyent Alert! to communicate with residents on informational and critical municipal matters. The Municipality does not have a social media presence at this time. GHD has advised that, through its News module, it has the ability to integrate with social media platforms including Facebook, Twitter, and Instagram. While the latter two may not be a priority, staff have received numerous comments through various channels over the last eighteen months regarding social media uptake by Bayham, with Facebook as a priority, and staff have advised Council openly that this may be an option should Bayham opt for a website platform with integration abilities. A GHD platform would allow staff to commence the construction of a Social Media Policy for the Municipality, with primary consideration for Facebook as the main social media. This may also make Voyent Alert!, to some degree, a duplicate procurement for Bayham and as we do pay an
annual subscription fee, there could be a cost savings should Bayham ultimately choose to move away from the platform.
Staff are recommending that, by virtue of the information in this Report, staff proceed with the draft and presentation of a Social Media Policy for Council’s consideration. Flexible User-Friendly Interface The existing website platform is quite simple, which comes with benefits and drawbacks. One primary drawback is usability on the back-end, where staff are tasked with website updates including ensuring accessibility compliance. Based on internal discussion and user experience, the platform itself is ‘clunky’ and not user-friendly. The GovStack platform is new be being launched widely in 2023, which will provide for an easier, more user-friendly experience for staff tasked with website updates and general corporate communications. Additionally, and as a part of the up-front package, staff will be trained at length on the platform, including Forms and News modules, to ensure efficient use. Integration with Laserfiche
The Municipality uses Laserfiche heavily for internal processes and public-facing document repositories. Ensuring continued use of this platform is a paramount consideration.
GHD has advised that, as long as Laserfiche has a valid Application Programming Interface (API), then interfacing between GHD’s GovStack Forms Module and Laserfiche can occur. Laserfiche has confirmed they do.
This will allow for staff to use the GovStack Forms Module as well as Laserfiche Forms to create public forms for public use. GovStack Forms can be directly saved into Bayham’s Laserfiche repository once established. This is a benefit because GovStack’s buildable Forms are more user-friendly that Laserfiche’s, which is an internal efficiency for staff when creating same and will likely result in less of a reliance on County IT support to create new forms.
ChatBot Function
While not specifically a part of the core priorities identified to GHD, some discussion was had regarding the option for creation and inclusion of a ChatBot on a new website, which would be able to direct individuals to basic information such as frequently-viewed pages, contacts, and Municipal office hours. GHD has advised that such a feature is possible, but at an added cost outside of the scope of the provided Proposal. At the time of drafting, no cost was known. Staff would recommend against the inclusion of a ChatBot at this time. Based on the information provided and internal staff discussions, including a formal demonstration of the GovStack platform by GHD to senior staff, staff are recommending a sole source to GHD in accordance with their Proposal provided and attached. Council may choose to sole source whenever it deems it appropriate to do so, in accordance with By-law No. 2015-030, specifically Section 8.35(h). Council will note that the proposed cost by GHD is 60 percent less than budgeted and will
ensure that the savings can be considered for reserve to support multiple years of operational costs attributable to technical support, hosting, etc. ATTACHMENTS 1. GHD Digital – Website Design Services Proposal, dated March 9, 2023 RECOMMENDATION
1. THAT Report CL-06/23 re New Municipal Website Procurement – GHD Digital be received for information;
2. AND THAT Council approve the sole-source of the Municipality’s website development to GHD Digital in accordance with their quote provided, dated March 9, 2023, in the
amount of $17,650 + HST;
3. AND THAT an appropriate authorizing by-law to execute an agreement with GHD Digital for Website Design Services be brought forward for Council’s consideration;
4. AND THAT staff proceed with the creation of a Municipal Social Media Policy for Council consideration. Respectively Submitted by: Reviewed by:
Meagan Elliott Thomas Thayer, CMO, AOMC Deputy Clerk CAO|Clerk
The Power of Commitment i
Proposal
Website Design Services
Municipality of Bayham
9 March 2023
The Power of Commitment
GHD Digital (Canada) Limited | Municipality of Bayham | Proposal 2
Cover Letter
Thank you for the opportunity to present our proposal for Website Design Services for the Municipality of Bayham (the Municipality). We are confident that the GHD team will exceed your expectations and position the Municipality to offer exceptional online services to site visitors, while offering a more efficient, holistic solution for the administration of the new site.
We believe that GHD Digital (GHD), is well suited to continue as a trusted partner of the Municipality, having successfully completed projects of similar size and scope for many other satisfied municipal clients. As a
national digital agency, we have established a reputation as web design and development experts and have worked with many clients in the municipal sector. GHD Delivers
Municipal Experience - Successful delivery of over 600 municipal website projects for many satisfied clients such as Town of Gravenhurst, City of Belleville, City of Orillia, County of Frontenac, Township of Ramara, Township of Central Frontenac, Township of Leeds & 1000 Islands & many more in Ontario, and across Canada. Exceptional Service - Timely responsiveness, dependability, flexibility, and a sincere desire to provide the optimal solutions for our clients is ingrained in our corporate culture. Diverse Skill Set - Designers, programmers, web developers, mobile developers, marketing and project
management professionals provide a wide spectrum of solutions and possibilities for our clients, all backed by significant breadth and depth of experience. Our commitment at GHD is to provide the highest level of service to our clients and to stand behind our work. We feel strongly that we can achieve the objectives you have set forth and facilitate a positive change in the way that the Municipality of Bayham is able to manage and benefit from its online presence in the future.
Yours truly,
Peter Gingrich, PMP Senior Account Executive GHD Digital Primary Proposal Contact peter.gingrich@ghd.com 613-219-7067 400-170 Colonnade Rd., Ottawa, ON K2E 7J4
GHD Digital (Canada) Limited | Municipality of Bayham | Proposal 3
Contents
Company Overview 4
Experience 6
Proposed Solution 6
1.1 Govstack Content Management System 6
1.2 Form Builder 7
Cost Estimate 8
GHD Digital (Canada) Limited | Municipality of Bayham | Proposal 4
Company Overview
For over 20 years, GHD Digital (formerly eSolutionsGroup) has been helping public sector organizations better connect with their communities and deliver services and information more efficiently through modular website
design, integrated technologies, and advanced mobile applications. We can provide a full suite of digital offerings tailored to you, and we will constantly focus our efforts to provide the best experience possible for our customers.
Expertise at every level Our team comprises passionate individuals who strive to empower local governments as they serve and engage with citizens, businesses, and stakeholders. We have a highly skilled team with the domain expertise to ensure that we can meet all your needs in-house. This includes experts in:
• Websites and digital government platforms
• User Experience (UX)
• Design and usability
• Search Engine Optimization (SEO)
• Accessibility
• Training and knowledge transfer
• Product innovation and development
• Systems, cloud hosting, and data security
Our experience and expertise ensure that our clients benefit from reduced costs from first-class tools, better business decisions through advanced analytics and artificial intelligence, and digital transformation strategies to help deliver a better citizen experience. Understanding municipal and provincial government needs and the technology ecosystem that supports those needs is fundamental in our approach to delivering value-generating projects to counties, towns, and cities across North America and the globe.
Our suite of solutions will help improve user experience and increase citizen engagement so you can foster more connections with stakeholders and deliver government services more efficiently. By harmonizing your communications and government operations, we take an integrated approach with the right digital tools and
features to meet your needs. About GHD
GHD is a global network of multi-disciplinary professionals providing clients with integrated solutions through engineering, environmental, design, and construction expertise. Our future-focused, innovative approaches
connect and support communities worldwide, building resiliency and sustainability for generations to come. We
GHD Digital (Canada) Limited | Municipality of Bayham | Proposal 5
believe thriving communities need to be connected, resilient, productive, inspired and investable to achieve balanced lives. GHD is proudly employee owned. About GHD Digital GHD Digital, a division of GHD (a global professional services company focused on solving the world's biggest challenges in the areas of water, energy, and urbanization), is made up of a team of digital and IT strategists, enterprise and solution architects, product managers, technology operators, data scientists, design thinkers, immersive digital consultants, project managers, and innovators. Our uniquely diverse and talented team features more than 600 people spanning a geographic footprint across North America, Australia, Asia-Pacific, Australia, the UK, and the Middle East. And with the combined expertise of over 10,000 engineering, construction, and design experts, we help clients re-imagine their digital future. By partnering with GHD Digital, you will have access to a broad base of knowledge and experience, ensuring input from key industry leaders. Our connected global network brings deep technical capabilities, multidisciplinary skills, and industry insights to help you succeed. The value of our work can be seen in the social progress, sustainable development, and economic growth we bring to the communities we touch. GHD Digital partners with our clients to help them navigate their digital transformation journey. We help create market-leading actionable digital solutions and help businesses and communities derive significant value. Today GHD Digital's services cover four primary capability areas:
End-to-end digital solutions that empower governments to serve and engage with citizens, businesses, and stakeholders, including software development, User Experience (UX), Search Engine Optimization (SEO), and
accessibility services; product innovation and development; and digital government platforms.
Providing clients with digital innovation and strategy services, including innovation, design, delivery, customer experience design, and digital strategies.
Leveraging emerging technology to create immersive digital experiences. Services include virtual and augmented reality, aerial and ground intelligence, and advanced automation.
Holistic data and analytics services, including data management, governance, big data insight, location intelligence, geospatial, advanced analytics, machine learning, and artificial intelligence.
GHD Digital (Canada) Limited | Municipality of Bayham | Proposal 6
Experience
GHD is proud to have worked with an extensive list and diverse range of stakeholders over the past 20+ years. We make it a point to include our clients, along with their users and stakeholders, when developing websites,
applications, and strategies. Nearly all our projects include a public engagement element and as a result, we have worked with stakeholders from a wide variety of backgrounds, and we apply that knowledge to each project we
work on.
The unique needs and behaviours of each of these stakeholders has provided an invaluable learning experience for GHD, strengthening our knowledge and understanding of user expectations.
Our User Experience Framework is at the foundation of our design and development processes.
Research and testing are infused into each stage of our User Experience Framework in order to continuously inform all aspects of our User Experience Framework activities.
The ultimate goal of our User Experience Framework process is to develop websites that can be used by specific
users to achieve specified goals with effectiveness, efficiency and satisfaction in a specified context of use.
• Specific Users (who): Design for target audiences. Accessible to everyone.
• Specified Goals (what): Top common user tasks, goals and needs
• Specified Context of Use (where): Context, environment, device type, screen size, interaction methods, capabilities
• Effectiveness (usefulness): Degree to which a product enables user to achieve goal
• Efficiency (ease): Often measured by speed and low error rate
• Satisfaction (attitude): User’s response, perceptions and opinions on the overall website experience
Proposed Solution
1.1 Govstack Content Management System
With our Govstack CMS solution, you can easily create and update web content that will keep audiences coming back again and again. Designed for positive audience experiences and efficient administrative use, our content management system combines the best of both worlds, offering time-saving simplicity on both ends of the system. This powerful, web-based CMS allows you to add and edit content directly from your browser, while ensuring web accessibility standards are met, supporting various languages, and utilizing responsive design, so your site looks great no matter what device it is being viewed on. The CMS puts the control back in your hands by giving you a tool that allows you to create and maintain your own stunning and professional website, across all devices.
GHD Digital (Canada) Limited | Municipality of Bayham | Proposal 7
Key Features:
• Advanced sitemap manager - Update your sitemap quickly to provide your audience with a simple navigation.
• Tools built for government - News, calendars, and many modules to choose from to support you.
• Embed and manage HTML - Ability to edit the HTML and easily embed YouTube and Twitter feeds.
• Secure emails - Protect your email addresses from being data-mined with the secure email manager.
• Access from anywhere - Securely access from the office or remotely with no software installation or browser extensions required.
• Custom responsive design - Custom-designed CSS templates will work perfectly on mobile and desktop.
The CMS features an easy-to-use WYSIWYG editor to allow authorized administrators to efficiently make edits in the back‑end of the site, and offers the following editing options, some new, some familiar including:
• Standard formatting functionality font formats (bold, italic, etc), bullets lists, indent, and tables
• Ability to embed social media including Twitter and YouTube
• Ability to embed 3rd party code (i.e., Google Maps)
• Accordion module to create folding content to save space and reduce scrolling
• Layout Builder module to create more feature rich, columned responsive content
The CMS features built-in roles-based access control. Top-level site administrators will have the ability to set-up users and specify which pages those users are able to edit. In addition to setting up content editing levels, the built-in workflow engine allows you define your approval / publishing steps at a page level or by a user or user group. You can create as many approval steps as necessary to ensure the content has gone through the workflow it needs to before it is made public. GHD will provide a draft governance guide and review the options for administrating the site. GHD will then train the administrators of the site separately after the governance document has been completed. Once it is determined how you would like workflow approved, we set up each of the modules accordingly.
1.2 Form Builder
Form Builder is a fast, easy and accessible way to move your forms online. Form Builder offers an entirely new level of online customer service. Accessible and easily integrated into your CMS, building user-friendly forms has never been so simple. The add-on option for eCommerce also allows you to create customized online payment forms that make sense for your users. Why Form Builder?
• Save admin time - Manage and review submissions, send automated emails and process workflows automatically to save you time reviewing submissions.
• Ensure accessibility - Form Builder ensures that your forms are accessible to WCAG 2.0 Level AA compliance to ensure that everyone can complete your forms online.
• Secure your data - Ensure your data and payments are collected securely. With Form Builder your data is secured with PCI Compliant Data Fortress.
GHD Digital (Canada) Limited | Municipality of Bayham | Proposal 8
Features
• Variety of question types - Create forms with the question type of your choice, from text fields and check boxes to date selection and file uploader.
• Build question logic - Build smart forms that will provide the necessary questions, based on the selections
users make.
• eCommerce - Form Builder has the capability to allow you to collect payments for a variety of services.
• Customizable emails - Create email notifications to automatically respond to form submissions.
• Custom workflows - Create workflows to handle complex forms that require approvals before completion.
• Branded pages - Have your forms fit seamlessly into your website's look and feel.
• Mapping integration - Ability to integrate to ESRI and Google Maps for pinpoint location selection.
• Review and audit submissions - Response Report and Excel Export for simple exporting and reporting.
• Responsive design - Your forms will work perfectly on mobile and desktop.
Some examples of live customer forms can be found here:
• Report a Problem: https://forms.thunderbay.ca/Report-a-Problem
• Property Tax: https://forms.ajax.ca/Payments/Property-Tax
• Donation: https://webforms.brant.ca/Finance/Donations
• Business License Application: https://forms.medicinehat.ca/Business/Business-License
• Bylaw Complaint: https://forms.northernrockies.ca/Report-a-problem
• Burn Permit: https://forms.northernrockies.ca/Burn-Permit-Application
• Dog License: https://forms.haltonhills.ca/eServices/Dog-Licence
• Special Event Application: https://forms.haltonhills.ca/Recreation-and-Parks/Special-Event-Application
• Volunteer Application: https://forms.haltonhills.ca/Recreation-and-Parks/Volunteer-Application
• Committee Application: https://forms.medicinehat.ca/Community-Development/Committees-Commissions-and-Boards-Application
• Submit a Job Application: https://forms.haltonhills.ca/HR/Submit-a-Job-Application
• Meeting With Mayor Request: https://forms.medicinehat.ca/Mayors-office/Request-a-meeting-with-the-Mayor
Cost Estimate
GHD is pleased to present the following cost estimate for the redevelopment of the Municipality of Bayham
website.
The existing website will be replaced with the Govstack CMS, a full featured content management system that will
provide the Municipality with the ultimate in flexibility, ease of use, and scalability to allow for future additions and
changes to the site.
All training and project meetings are conducted online. For this reason, no additional cost was added to the cost
table for traveling or other related charges.
GHD Digital (Canada) Limited | Municipality of Bayham | Proposal 9
Website Implementation Fees
Service/Feature Description Implementation Fee (Onetime)
Implementation Services
• Project Management
• Leading project meetings and preparing all meeting agendas/notes
• Management of schedule and budget
• Maintaining project documentation and recording decisions and approval
• Management of all communications
Included
Sitemapping (Information Architecture)
• Sample sitemap from a similar organization
• Tip sheet of sitemap best practices
• Client to provide final sitemap
• GHD to set up sitemap in the website before training
Included
Writing for Web Training
• Online instructor led training session (3hrs) on best practices for developing website content led by GHD Digital’s Content Writers
• Includes recording of the training session
Included
Design
• Review branding and recommendations for font, logo and colour of the website.
• Our team will work with you to set up your website theme to align with your brand.
Included
Calendar • Implementation of the Calendar module
• Includes setup of two Calendar views (i.e. Council and Community Events)
Included
Form Builder • Implementation of the Forms tool
• Optional add-on for ecommerce available for $1,500
Included
CMS Training
• 1.5 days of online instructor-led training
• Recording of the training session and access to
online manuals
• Up to 6 hours of post-training support from your trainer
Included
Quality assurance testing • Quality assurance testing
• User Acceptance Testing by client Included
Pre-GoLive Reports • Reports on broken links, spelling and accessibility
• Includes initial scan and one (1) re-scan Included
Go Live
• Creation and review of GoLive Plan
• DNS Changes
• Testing and verification including search and Analytics setup
Included
TOTAL BEFORE TAXES $17,650
GHD Digital (Canada) Limited | Municipality of Bayham | Proposal 10
Annual Hosting and Licensing Fees
Service/Feature Description Annual Fee
Govstack CMS SaaS
Shared hosting in Microsoft Azure Cloud
DDOS Protection
Events Calendar (max 2)
FormBuilder (max 30 forms)
$6,976
TOTAL BEFORE TAXES
• Pricing provided for a 3 year term, rates subject to
annual CPI $6,976.00
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: March 16, 2023
REPORT: CAO-16/23 SUBJECT: DETAILED COSTING AND TIMELINE UPDATE – STRAFFORDVILLE
COMMUNITY CENTRE EXPANSION
BACKGROUND
In 2021, the Municipality received formal approval of a grant application for a Straffordville
Community Hub. This grant application was through the Investing in Canadian Infrastructure
Program (ICIP) – Community, Culture and Recreation stream, applied for in 2019, and would be
a renovation/expansion of the Straffordville Community Centre (SCC).
Approved funding for the Straffordville Community Hub project is as noted below:
Straffordville Community Hub
Federal Contribution $801,320
Provincial Contribution $667,098
Municipal Contribution $534,881
Total $2,003,299
The scope of the project included the following items: Item No. 1B – Food Booth Reconstruction (SCC Extension) Item No. 2 – SCC HVAC Item No. 4 – Old Chapel Parking Item No. 5 – Straffordville Pavilion Item No. 6 – Storage Sheds & Portable Soccer Nets
Item No. 7 – Ball Diamond Lights Item No. 8 – Accessible Trail
In accordance with the approval, staff issued RFP-21-02, which was an RFP for architectural
services for the expansion of the SCC. The award was made to a+LINK Architecture Inc.
(A+LINK), who have been working with staff on various stages of the project since Q3 2021.
Council also approved funding for the Municipality’s portion of the expansion. At its February 17,
2022 meeting, Council received Report TR-07/22 re 2021 Surplus Allocation and assented to
transfer $170,910.03 from the 2021 surplus into the Facilities Reserve to ensure that the
Facilities Reserve could address the entire $534,881 allocation required of the ICIP grant
transfer payment agreement.
In 2022 and after public consultation on the matter, Council received and approved the
schematic drawings for the SCC expansion. Since that time, staff have working closely with
a+LINK on working drawings and confirming materials to be utilized to provide users of the
newly-updated facility with the best experience relative to the approved $2.003m budget for the
project.
On February 13, 2023, staff received detailed costing from a+LINK regarding the expansion
project, which is attached to this Report along with a detailed scope document.
DISCUSSION
The detailed costing provided by a+LINK is as follows:
- Overall Construction: $ 2,402,972 - Contingency: $ 201,205 - Ball Diamond Lighting: $ 125,000 Construction total $ 2,729,177 Consultant Fees: $162,000
All-In Total: $2,891,177 This is a 44 percent increase over the approved amounts from the 2019 ICIP grant application. The marked increase is due mainly to the timing of the application relative to the inflation witnessed generally between 2020 and 2023, which could not be reasonably accounted for at the time of the application. It is also worth noting that any overage is 100 percent the responsibility of Bayham to funding. Therefore, a 44 percent increase in overall costs translates into a 167 percent increase in the Municipal portion of the costs. This is too great of an increase for the Municipality’s coffers to
handle in one calendar year and is not being recommended. Given the increase, further discussion was had with a+LINK about potential for cost savings to
bring down the overall impacts to the Municipality, should Council wish to proceed with the project. A further cost breakdown is attached.
The Detailed Costing breaks down the costs line-by-line and then suggests some manners where the Municipality may seek to account for cost overages based on the current $2,891,177 project value. Use of Levy/Reserves It may be possible to utilize Reserves strategically or rationalize use of the levy for certain functions as noted below: - General Parks/Grounds Improvements - Fire Protection Cistern
General Parks/Grounds Improvements, including the walking path, can be covered through the xxxx Reserve at a value of $58,972. The Fire Protection Cistern provides for two-fold protection.
First, it provides a dry hydrant for on-site water draw and protection in case of a fire. Second, the dry hydrant serves general fire protection purposes for north areas of Bayham that do not have access to Municipal water, which means that Fire Services (BFES) pumpers do not have
to travel to Vienna or Port Burwell to draw water. This is a benefit to the BFES and the general community. This cost can be placed on the general levy. Alternatively, the Fire Reserve can be considered but is not recommended as much of the funds currently in the Fire Reserve are allocated for rolling stock replacement. Scope Reduction The following items are being recommended for a scope reduction:
- Ball Diamond Lighting - Covered Pavilion The following items bear a total estimated cost of $370,000, which the Municipality would have to find a way to cover outside of the Facilities Reserve allocation for this project. The Covered
Pavilion would be reduced to an 8-foot covered walkway around west and south sides of the SCC, covering the canteen, entrance to the new meeting space, and new washrooms. If Council is supportive of the above-noted reduction in scope, ICIP will have to be advised of the changes. The total costs would be approximately $2,521,177, which includes a $200,000 construction contingency. The difference between the approved and proposed is approximately $520,000 and has to be covered by the Municipality’s budget in some manner. There is another alternative option for Council to consider, which would be returning the grant in full to ICIP. While this is not recommended at this time by staff, it is a consideration given the cost over-runs and requirement for the Municipality to cover all overages. It should be noted that
this grant cannot be used for other projects in Bayham. This was identified in 2022 during discussion regarding the schematic drawings. Council may consider this option in light of other cost pressures attributed to Municipal facilities, chiefly the Port Burwell Lighthouse, which will require restoration at some point in the near future. Formal restoration costs are outstanding at this time due to focus on short-term
stabilization measures. The $534,000 allocated to the Facilities Reserve could be re-allocated, in part, to the Lighthouse work, less any applicable architectural and consultant fees incurred to date on the SCC Expansion project. With respect to the timeline for the project, a+LINK have advised that tendering documents will commence preparation once the scope is agreed-upon and working drawings are complete. Proposed timeline as follows: 1. Costing complete: February 9th 2. Preliminary site servicing and grading plans: February 16th 3. Completion of construction documents 50%: March 29th
4. Completion of construction documents 80% (also Permit App Review): April 26th 5. Completion of construction documents for Tender 100%: May 17th 6. Completion of Tender and Award of Construction Contract: June, 2023
7. Construction Start: early-July 2023 8. Construction: 6 to 8 months depending on availability of materials and supply chain.
The above timeline is approximately one month behind schedule due to further discussion with a+LINK on the overages and cost-savings measures. However, based on the above-noted timelines, it is expected that the construction could be substantially completed by the end of 2023 with full use of the SCC expansion and grounds for spring 2024, should Council agree to a scope and to proceed with the expansion in some form.
ATTACHMENTS 1. Detailed Costing – SCC Expansion 2. Scope documents – SCC Expansion
RECOMMENDATION 1. THAT Report CAO-16/23 re Detailed Costing and Timeline Update – Straffordville
Community Centre Expansion be received for information; 2. AND THAT Council provide direction regarding funding and scope of the proposed
expansion to the Straffordville Community Centre Respectfully Submitted by:
Thomas Thayer, CMO, AOMC CAO|Clerk
PROJECT:Bayham Community Centre BUDGET #:1.0
LOCATION:Straffordville ESTIMATE #.:E2023-024
OWNER:Municipal BUDGET DATE:
CONSULTANT:a+LiNK
TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTALBUDGETSITE ADDITION WALKING PATH ALLOWANCES GEN. COND.OH & FEES INS & BONDING
400,917$
0400 ALLOWANCES 10,000$ -$ -$ -$ 10,000$ -$ -$ -$
1100 REIMBURSABLE GENERAL CONDITIONS 141,527$ -$ -$ -$ -$ 141,527$ -$ -$
1100 INSURANCE & BONDING 21,015$ -$ -$ -$ -$ -$ -$ 21,015$
MANAGEMENT FEES 228,375$ -$ -$ -$ -$ -$ 228,375$ -$
268,051$
02220 DEMOLITION & PREPERATION 13,500$ 13,500$ -$ -$ -$ -$ -$ -$
02300 EARTHWORK 114,291$ 56,777$ 48,535$ 8,979$ -$ -$ -$ -$
02500 UTILITY SERVICES 67,367$ 67,367$ -$ -$ -$ -$ -$ -$
02700 PAVEMENTS 56,268$ 22,900$ -$ 33,368$ -$ -$ -$ -$
02800 SITE IMPROVEMENTS 5,700$ 5,700$ -$ -$ -$ -$ -$ -$
02900 PLANTING 10,925$ 10,925$ -$ -$ -$ -$ -$ -$
162,456$ 03100 CONCRETE SUPPLY & FORMWORK 123,423$ 2,500$ 120,923$ -$ -$ -$ -$ -$
03200 REINFORCING STEEL 22,983$ -$ 22,983$ -$ -$ -$ -$ -$
03350 CONCRETE FINISHING 16,050$ -$ 16,050$ -$ -$ -$ -$ -$
79,280$
04200 MASONRY UNITS / STONE 79,280$ -$ 79,280$ -$ -$ -$ -$ -$
421,850$ 05100 STRUCTURAL METAL FRAMING / JOISTS 403,150$ -$ 403,150$ -$ -$ -$ -$ -$
05300 METAL DECK 11,200$ -$ 11,200$ -$ -$ -$ -$ -$
05500 METAL FABRICATIONS / ORNAMENTAL METALS 7,500$ -$ 7,500$ -$ -$ -$ -$ -$
33,833$ 06100 ROUGH CARPENTRY 25,583$ -$ 25,583$ -$ -$ -$ -$ -$
06400 ARCHITECTURAL MILLWORK/ FINISH CARPENTRY 8,250$ -$ 8,250$ -$ -$ -$ -$ -$
460,535$ 07210 INSULATION 6,000$ -$ 6,000$ -$ -$ -$ -$ -$
07400 ROOFING AND SIDING PANELS 410,450$ -$ 410,450$ -$ -$ -$ -$ -$
07500 MEMBRANE ROOFING 41,635$ -$ 41,635$ -$ -$ -$ -$ -$
07800 FIRE AND SMOKE PROTECTION 1,200$ -$ 1,200$ -$ -$ -$ -$ -$
07900 JOINT SEALERS 1,250$ -$ 1,250$ -$ -$ -$ -$ -$
48,550$ 08100 METAL DOORS & FRAMES 13,200$ -$ 13,200$ -$ -$ -$ -$ -$
08300 SPECIALTY DOORS 6,500$ -$ 6,500$ -$ -$ -$ -$ -$
08700 HARDWARE 21,600$ -$ 21,600$ -$ -$ -$ -$ -$
08800 GLAZING 7,250$ -$ 7,250$ -$ -$ -$ -$ -$
155,690$ 09200 PLASTER AND GYPSUM BOARD 99,150$ -$ 99,150$ -$ -$ -$ -$ -$
09300 TILE & TERRAZZO 7,000$ -$ 7,000$ -$ -$ -$ -$ -$
09700 FLUID-APPLIED FLOORING 33,125$ -$ 33,125$ -$ -$ -$ -$ -$
09900 PAINTS & COATINGS 16,415$ -$ 16,415$ -$ -$ -$ -$ -$
11,400$
10000 SPECIALTIES 11,400$ -$ 11,400$ -$ -$ -$ -$ -$
278,350$ 15000 HVAC 107,900$ -$ 107,900$ -$ -$ -$ -$ -$
15000 PLUMBING 41,450$ -$ 41,450$ -$ -$ -$ -$ -$
15300 FIRE PROTECTION 129,000$ -$ 129,000$ -$ -$ -$ -$ -$
82,060$
16000 ELECTRICAL 82,060$ 18,000$ 64,060$ -$ -$ -$ -$ -$
TOTAL $2,402,972 $197,669 $1,762,039 $42,347 $10,000 $141,527 $228,375 $21,015
RECOMMENDED CONTINGENCY 10%$201,205
SEP PRICE -- Replace Baseball Pole Lights $125,000
2023.02.10
DIVISION 15 - MECHANICAL
DIVISION 4 - MASONRY
DIVISION TOTAL
DIVISION 3 - CONCRETE
DIVISION 2 - SITE CONSTRUCTION
DIVISION 1 - GENERAL REQUIREMENTS
DIV.DESCRIPTION
DIVISION 7 - THERMAL AND MOSTURE PROTECTION
DIVISION 6 - WOOD & PLASTICS
DIVISION 8 - DOORS AND WINDOWS
DIVISION 5 - METALS
DIVISION 10, 11, 12,13 - SPECIALTIES, EQUIP, FURN, SP CONSTR
DIVISION 9 - FINISHES
DIVISION 16 - ELECTRICAL
Office : 6447 Westminster Drive, London, ON. N6P 1N5
T:(226) 271-2226 F: (226) 271-2227
www.michaelclark.construction
@mclarkcon
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 1 of 10 SCOPE OF WORK
Bayham Community Center Addition
SCOPE OF WORK
FOR
Bayham Community Center Addition
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 2 of 10 SCOPE OF WORK
Bayham Community Center Addition
Contents
DIVISION 01 – GENERAL REQUIREMENTS .................................................................................................................................................................... 4
01200 Administrative Requirements ....................................................................................................................................................................... 4
01500 Temporary Facilities & Controls .................................................................................................................................................................... 4
01900 Bonding & Insurances ........................................................................................................................................................................................ 4
DIVISION 02 – SITE WORK..................................................................................................................................................................................................... 4
02100 Demolition ................................................................................................................................................................................................................. 4
02300 Earthwork ................................................................................................................................................................................................................... 4
02500 Utilities ........................................................................................................................................................................................................................ 4
02710 Exterior Concrete ................................................................................................................................................................................................... 5
02720 Asphalt & Pavements .......................................................................................................................................................................................... 5
02810 Fencing & Gates ...................................................................................................................................................................................................... 5
02800 Site Specialties ........................................................................................................................................................................................................ 5
02900 Landscaping ............................................................................................................................................................................................................. 5
DIVISION 03 – CONCRETE ..................................................................................................................................................................................................... 5
03300 Cast-In-Place Concrete ...................................................................................................................................................................................... 5
DIVISION 04 – MASONRY ...................................................................................................................................................................................................... 5
04200 Unit Masonry ........................................................................................................................................................................................................... 5
DIVISION 05 – METALS ........................................................................................................................................................................................................... 6
05100 Structural Metal Framing .................................................................................................................................................................................. 6
05500 Miscellaneous Metals ......................................................................................................................................................................................... 6
DIVISION 06 – WOOD & PLASTICS ...................................................................................................................................................................................... 6
06100 Rough Carpentry .................................................................................................................................................................................................... 6
06400 Millwork ....................................................................................................................................................................................................................... 6
DIVISION 07 – THERMAL & MOISTURE PROTECTION ............................................................................................................................................... 6
07200 Insulation .................................................................................................................................................................................................................. 6
07410 Cladding ...................................................................................................................................................................................................................... 6
07500 Membrane Roofing ............................................................................................................................................................................................... 6
07800 Firestopping.............................................................................................................................................................................................................. 7
DIVISION 08 – DOORS & WINDOWS .................................................................................................................................................................................. 7
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 3 of 10 SCOPE OF WORK
Bayham Community Center Addition
08100 Metal Doors & Frames ......................................................................................................................................................................................... 7
08300 Specialty Doors/Overhead Doors .................................................................................................................................................................. 7
08400 Glazing & Aluminium .......................................................................................................................................................................................... 7
DIVISION 09 – FINISHES........................................................................................................................................................................................................ 7
09200 Steel Studs & Drywall ........................................................................................................................................................................................... 7
09300 Tile .................................................................................................................................................................................................................................. 7
09600 Flooring ....................................................................................................................................................................................................................... 7
09900 Painting ....................................................................................................................................................................................................................... 8
DIVISION 10 – SPECIALTIES ................................................................................................................................................................................................. 8
10100 Signage ........................................................................................................................................................................................................................ 8
10800 Washroom Accessories ..................................................................................................................................................................................... 8
DIVISION 15 – MECHANICAL ............................................................................................................................................................................................... 8
15100 Specialty Building Services ............................................................................................................................................................................. 8
15300 Fire Protection ......................................................................................................................................................................................................... 8
15400 Plumbing .................................................................................................................................................................................................................... 8
15700 HVAC .............................................................................................................................................................................................................................. 8
DIVISION 16 – ELECTRICAL................................................................................................................................................................................................... 9
16100 Service & Distribution.......................................................................................................................................................................................... 9
16500 Lighting........................................................................................................................................................................................................................ 9
16700 Communication ..................................................................................................................................................................................................... 9
16800 Audio and Video ..................................................................................................................................................................................................... 9
Separate Pricing – Replace Light Standards to Baseball Diamond .................................................................................................................. 9
BUDGET CLARIFICATIONS & EXCLUSIONS ........................................................................................................................................................................ 10
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 4 of 10 SCOPE OF WORK
Bayham Community Center Addition
DIVISION 01 – GENERAL REQUIREMENTS
01200 Administrative Requirements
1) Project Manager, Part time
2) Project Superintendent, full time on site
3) Project Coordinator, Part time
01500 Temporary Facilities & Controls
1) Temporary site office
2) Temporary washroom and supplies
3) Site safety
4) Site perimeter fencing
5) Waste bins
6) Layout of new buildings
7) Protection of existing Gas Service
01900 Bonding & Insurances
1) General Liability Insurance
2) Builder’s Risk Insurance (protection against damage to existing building)
3) 50% Performance Bond
4) 50% Labour & Material Bond
DIVISION 02 – SITE WORK
02100 Demolition
1) Demolition & removal of existing concessions building
02300 Earthwork
1) Remove existing Concrete slab
2) Minor grading
3) Fill to site at building elevation change, engineered fill
4) Granular A to asphalt walking path – 6” depth
5) Granular A to asphalt parking – 6” depth
6) Granular B to asphalt parking – 12” depth
7) Granular A to Slabs on grade – 6” depth
8) Foundation Excavation & Backfill,
.1 excess soil removed from site
02500 Utilities
1) Storm connection to existing adjacent to old concessions building
2) Storm catchbasin at pavilion slab
3) Sanitary connection at Heritage Line and Chapel Street
4) Sanitary inspection manhole
.1 Repair at roadway as needed
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 5 of 10 SCOPE OF WORK
Bayham Community Center Addition
02710 Exterior Concrete
1) Concrete Base for Pylon Sign
02720 Asphalt & Pavements
1) Concrete Apron to Pavilion
2) Concrete sidewalk along west side of building from pavilion to existing entrance
3) Concrete stair at west side of building
4) Asphalt pathway from parking lot to entrance
5) Asphalt walkway around park area
6) Light Duty Asphalt parking area at east of building
02810 Fencing & Gates
1) Allowance for reinstating 100 LF of chainlink fence
2) Bike Rack
02800 Site Specialties
1) Bike Rack
2) Barrier Free parking signs and posts
02900 Landscaping
1) Sod Repairs
2) Allowance of $5,500 for new planting
3) Garden bed edging
DIVISION 03 – CONCRETE
03300 Cast-In-Place Concrete
1) Concrete foundations
.1 Complete with steel reinforcing
2) Concrete slab-on-grade to interior of building
.1 Complete with vapour barrier, and WWM reinforcing
3) Concrete Apron slab to pavilion
.1 Complete with WWM reinforcing, sloped to drain
DIVISION 04 – MASONRY
04200 Unit Masonry
1) 2-Hr Fire Wall at connection of Existing Building and New Addition
2) Architectural Block dado height band to building façade, complete with precast sill
3) Architectural block dado height wraps to exterior columns, complete with precast sill
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 6 of 10 SCOPE OF WORK
Bayham Community Center Addition
DIVISION 05 – METALS
05100 Structural Metal Framing
1) Kitchen Building
.1 Conventional steel structure, post and beam
.2 Open Web Steel Joist & Metal Deck roof structure
.3 Roof Top Unit Frames
2) Pavilion Building
.1 Pre-Engineered clear-span building with dual sloped roof (near match to existing)
05500 Miscellaneous Metals
1) Roof access ladder
2) Misc Metals
DIVISION 06 – WOOD & PLASTICS
06100 Rough Carpentry
1) Installations of Doors, hardware, and washroom accessories
2) Interior blocking for wall hung items
3) Parapet construction
06400 Millwork
1) Kitchenette to Meeting Room
.1 Lower Cabinets
.2 Upper Cabinets
.3 Solid Surface countertop
2) Window Sills to Meeting Room
DIVISION 07 – THERMAL & MOISTURE PROTECTION
07200 Insulation
1) Foundation insulation at foundation walls
07410 Cladding
1) Standing Seam Metal Roof to Pavilion
.1 Rolled batt insulation in open pavilion area for rain noise
2) Hardi Board exterior to existing building
.1 Strapping as required for install
3) Hardi Board exterior to new additions
.1 Strapping as required for install
4) Wood Look Aluminum Longboard soffit to exterior pavilion canopy and walkway
07500 Membrane Roofing
1) 2-ply mod-bit roof to conventionally framed addition
2) 6” rigid insulation
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 7 of 10 SCOPE OF WORK
Bayham Community Center Addition
3) Sloped insulation as required
4) Roof Drain
5) Roof Access Hatch
07800 Firestopping
1) Firestop at top of foundation wall / base of fire rated block wall
DIVISION 08 – DOORS & WINDOWS
08100 Metal Doors & Frames
1) Hollow metal door and frames at:
.1 Entrances from existing building into new
.2 Kitchen storage
.3 Concession Booth
.4 Kitchen
.5 Washrooms
.6 Storage
.7 Janitor Room
2) Heavy duty latch hardware
3) Door openers to universal washrooms and building entrances
4) Exit devices as required
08300 Specialty Doors/Overhead Doors
1) Rolling Shutter door at concessions booth, complete with counter
08400 Glazing & Aluminium
1) Aluminum and Glass doors to Meeting Room
2) Aluminum punch windows to Meeting Room
DIVISION 09 – FINISHES
09200 Steel Studs & Drywall
1) Drywall interior partitions
2) Sound attenuation to meeting room and washrooms
3) Drywall Ceilings to washrooms and corridor
4) ACT Ceilings to meeting room
5) Scrubbable Plastic Ceiling Tile to Concessions Booth and Kitchen
09300 Tile
1) Wall tile to washroom wet walls only
2) Wall Tile backsplash to kitchenette
3) Wall tile surround to Janitor mop sinks
09600 Flooring
1) Polished Concrete to Meeting Room
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 8 of 10 SCOPE OF WORK
Bayham Community Center Addition
2) Epoxy flooring throughout remainder of space
09900 Painting
1) Paint to walls & ceilings
2) Paint to doors and fixtures
3) Paint to any exposed steel at pavilion (columns)
DIVISION 10 – SPECIALTIES
10100 Signage
1) Interior Wayfinding Signage
10800 Washroom Accessories
1) Universal Washroom Emergency Call Kits
2) Barrier Free Washroom Accessories
3) Standard Washrooms Accessories
DIVISION 15 – MECHANICAL
15100 Specialty Building Services
1) Allowance of $10,000 included to relocate existing pad mounted makeup air unit to east side of
building
15300 Fire Protection
1) Underground Fire Cistern & Associated gate valve
15400 Plumbing
1) Underslab sanitary
2) Floor drains
3) Hose Bib at South and East of building
4) Sink to Kitchenette in Meeting Room
5) Mop Sinks to Janitor Closets
6) Gas hookups
7) Water supply lines
8) Electric Hot Water Tank
9) Roughins for kitchen equipment
.1 Gas, Water, Sanitary
15700 HVAC
1) Kitchen Exhaust Hood and Makeup Air Unit
2) Roof Top Unit to service Kitchen Addition
3) Roof Top Unit to Service Pavilion Addition
4) HVAC distribution, complete with diffusers
5) Washroom exhaust fans
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 9 of 10 SCOPE OF WORK
Bayham Community Center Addition
DIVISION 16 – ELECTRICAL
16100 Service & Distribution
1) Feed from existing building to new building panel
2) Water heater feed
3) Feeds to door operators
4) Feeds to Roof Top Units
5) Convenience Receptacles
6) GFI receptacles at wet areas
7) X3 exterior receptacles at pavilion
16500 Lighting
1) High efficiency LED Lighting throughout
.1 Operated by occupancy sensors
2) Exit signage and emergency lighting
3) Exterior façade lights
4) Potlights to underside of pavilion canopy
16700 Communication
1) Data drops and comms cabling
16800 Audio and Video
1) Rough ins for Security system (cameras by owner)
Separate Pricing – Replace Light Standards to Baseball Diamond
1) Remove existing light poles from bases and dispose
2) Re-use existing foundations, mount new light poles
3) High Efficiency LED pole lights
4) Pull new wire through existing conduit
HEAD OFFICE 6447 Westminster Drive, London, ON. N6P 1N5
Phone (226) 271-2226
Fax (226)-271-2227
www.michaelclark.construction
Date: February 10, 2023 Page 10 of 10 SCOPE OF WORK
Bayham Community Center Addition
BUDGET CLARIFICATIONS & EXCLUSIONS
1) No building permit included
2) Budget assumes that there are no hazardous materials present in the Concessions Stand for
demolition
3) Budget assumes there is no contamination to soils
4) Budget assumes that bearing capacity reached at 4’ frost depth
5) Contractor Markup of 10% included in budget
6) HST not included
7) Budget is based on a schedule of approximately 20 weeks
8) Budget assumes existing conduit and pole foundations are acceptable for re-use
9) No winter conditions included
ID Task
Mode
Task Name Duration
1 BAYHAM COMMUNITY CENTER 86 days
2 CONSTRUCTION 86 days
3 Mobilization & Site Prep 10 days
4 Site Fencing 1 day
5 Silt Control 2 days
6 Demo of Existing Concessions 5 days
7 Slab Removal 2 days
8 Siteworks 21 days
9 Fire Cistern Installation 3 days
10 Site Utilities 3 days
11 Pavements 4 days
12 Landscaping 3 days
13 Structure 43 days
14 Foundation Excavation 2 days
15 Concrete Foundations 8 days
16 Backfill to Foundations 3 days
17 Steel Erection 10 days
18 Granulars to Slab on Grade 2 days
19 Slab-on-Grade 5 days
20 Building Enclosure 24 days
21 Roofing 10 days
22 Wall Cladding to New Additions 15 days
23 Door Installation 6 days
24 Window Installation 1 day
25 Building Water Tight 0 days
26 Interior & Finishes 41 days
27 Underslab Plumbing Roughins 3 days
28 Interior partitions 10 days
29 Mechanical & Electrical Roughins 15 days
30 Finishes 15 days
31 Deficiencies 5 days
32 Project Complete 0 days
5/18
6/28
26 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25
Mar Apr May Jun
2023
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Progress
Manual Progress
Bayham Community Center
Preliminary Schedule
2023.02.09
Page 1
Project: Schedule-Template-202
Date: Fri 2/10/23
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-011 BEING A BY-LAW TO PROVIDE FOR THE REGULATION, RESTRICTION AND PROHIBITION OF THE KEEPING AND THE RUNNING AT LARGE OF DOGS IN THE MUNICIPALITY OF BAYHAM WHEREAS the Municipal Act, S.O. 2001, C.25 Sections 11, 103, 105 and 391(1), as amended, provides that a municipality may pass by-laws prohibiting, regulating and restricting the keeping of animals or any class thereof, the destruction thereof and allow for
a licensing and animal identification system;
AND WHEREAS the Provincial Animal Welfare Services Act, R.S.O. 2019 C. P13, Section
13 provides that every person who owns or has a custody or care of an animal shall comply
with the standards of care and the administrative requirements with respect to every animal that the person owns or has custody or care of;
AND WHEREAS the Animals for Research Act, R.S.O. 1990, C. A22, Section 20
provides for the impounding and sale or destruction of a dog or cat;
AND WHEREAS the Dog Owners Liability Act, R.S.O. 1990, C.D16, as amended,
provides for the protection of persons and property;
AND WHEREAS the Ontario Police Services Act, R.S.O. 1990, C. P15, as amended,
provides that Council may appoint Municipal By-Law Enforcement Officers to enforce all municipal by-laws;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable to enact such a by-law;
NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts
as follows: SHORT TITLE: This By-law may be cited as the ‘Dog Control By-law’
SECTION 1 - DEFINITIONS For the purpose of this By-law:
1.1 Animal Rescue Facility shall mean a premises approved by site specific zoning to
operate a dog rescue and adoption program at a specific property within the Municipality.
1.2 Assisting Agency shall mean a person, business, sanctuary, organization or agency acting under the direction of an Officer directly contributing tactical
expertise or service resources to an Officer. 1.3 Breed(ing) shall include the act of producing puppies which results in financial compensation for those puppies.
1.4 Council shall mean the Council of the Corporation of the Municipality of Bayham. 1.5 Dangerous Dog shall mean any dog: i. that, in the absence of any mitigating factor, has attacked, bitten or caused injury to a human being or has demonstrated the propensity, tendency or
disposition to do so; or
ii. that, in the absence of any mitigating factor, has attacked, bitten or caused injury to a domestic animal requiring the services and treatment of a veterinarian or has demonstrated the propensity, tendency or disposition to do so.
1.6 Dog shall mean a male or female dog of any age. 1.7 Dog Identification shall mean a method of identifying the dog by either a tag which will have the owner’s phone number and in contrast that it is easily visible or
the dog be microchipped with the owner’s information.
1.8 Dwelling Unit shall mean one or more habitable rooms occupied or capable of being occupied as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such
occupants, with a private entrance from outside the building or from a common
hallway or stairway inside the building. 1.9 Enclosure shall mean an enclosed area of sufficient dimension and construction to provide humane shelter for an animal while preventing it from escaping and
preventing the entry therein of supervised children.
1.10 Hamlet shall mean those urban areas designated as hamlets within the Official Plan of the Municipality of Bayham, passed on July 5, 2001, as amended from time to time.
1.11 Kennel shall mean a lot, building, structure or establishment in which four (4) or more dogs, are housed, boarded or bred, and which may offer provisions for minor medical treatment; and which premises shall require a license from the Municipality by an approved application including a site specific zoning
designation to allow for the use of a kennel.
1.12 Mitigating Factor shall mean a circumstance which excuses aggressive behaviour of a dog and without limiting the generality of the foregoing, may
include circumstances where: i. the dog was, at the time of the aggressive behaviour, acting in defense to an attack from a person or domestic animal; ii. the dog was, at the time of the aggressive behaviour, acting in defense of its young or to a person or domestic animal trespassing on the property of its
owner, or iii. the dog bite, attack or threat of attack was sustained by a person who, at the time was committing a willful trespass or other tort upon the premises occupied by the owner of keeper of the dog; iv. the dog was, at the time of the aggressive behaviour, being tormented.
1.13 Municipality shall mean the Corporation of the Municipality of Bayham. 1.14 Muzzle shall mean a humane fastening or covering device of adequate strength placed over a dog’s mouth to prevent it from biting.
1.15 Officer shall mean a Municipal Law Enforcement Officer of the Municipality of Bayham, a Police Officer or a person who is appointed by Council or designate, whose duties include the enforcement of this By-law and shall include the Municipal Animal Control Officer.
1.16 Owner shall include a person who keeps, possesses or harbours a dog and where the owner is a minor, the person responsible for the custody of the minor. 1.17 Pound shall mean such premises and facilities designated by the Corporation of
the Municipality of Bayham as the Municipal Dog Pound.
1.18 Pound Keeper shall mean a person or association appointed by the Corporation of the Municipality of Bayham to operate, maintain, and administer the Municipal Dog Pound.
1.19 Person shall include any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply.
1.20 Premises shall include the entire lot on which a dwelling may or may not be
situated; or a dwelling unit within a multi-dwelling unit building, but does not include the common areas adjacent to a multi-dwelling unit unless those common areas are completely enclosed.
1.21 Restrained shall mean being kept inside a building or house or in an enclosure of
sufficient dimension and strength to be humane and secure so as to prevent an animal from coming in contact with or making a real and substantial threat of attack on a person other than the owner of the animal, or invitee of the owner, and
includes keeping such animal securely on a leash of not more than two (2) meters in length when outside of such building, house or enclosure.
1.22 Running at large shall mean to be found in any place other than the premises of the owner and not under the physical control of any person by means of a leash. 1.23 Service Dog shall mean a dog used for a person with a disability:
i. If it is a guide animal as defined in Section 1 of the Blind Persons Rights’ Act; ii. If it is readily apparent that the animal is used by the person for reason relating to his disability; or iii. If the person provides a letter from a physician or nurse confirming that the
person requires the dog for reason relating to the disability. (Accessibility for
Ontarian with Disabilities Act, 2005 – O. Reg. 429/7 ss4(8) & (9) 1.24 Village shall mean those urban areas designated as villages within the Official Plan of the Municipality of Bayham.
SECTION 2 – GENERAL PROVISIONS 2.1 No person shall keep more than two (2) dogs in any one dwelling unit or on any premises within a hamlet or village.
2.2 No person shall keep more than three (3) dogs in any one dwelling unit or on any premises in all other areas of the Municipality, unless otherwise designated as a Kennel.
2.3 No person shall breed, attempt to breed, or procure for breeding, any dogs unless
otherwise designated as a Kennel. 2.4 Every person having control of a dog shall forthwith remove and sanitarily dispose of excrement left by a dog anywhere in the Municipality including on any highway,
public park, or public area.
2.5 No person who owns, possesses or is in care and control of a dog shall permit a dog, of which that person is the owner, to enter upon the private property of another person or to remain on the private property of another person without the
property owner's consent.
2.6 No person who owns, possesses or is in care and control of a dog shall allow or permit a dog, of which that person is the owner, to run at large or fail to prohibit the dog from running at large, on any private property without the consent of the
person apparently in possession or having ownership of the property or in a public
place.
2.7 No person who owns, possesses or is in care and control of a dog shall permit said dog to enter upon the Municipal East Beach in Port Burwell between 8:00 am
– 8:00 p.m. commencing of June 1st through and including October 31st of the year. 2.8 Any person who owns, harbours or possesses a dog shall not permit the dog to i. threaten, bite or attack any person;
ii. threaten, bite or attack any animal; or iii. damage public or private property. 2.9 Every owner or person having the care and custody of a dog three (3) months of age or over shall ensure that the dog is immunized against rabies, and shall
ensure that the dog is re-immunized against rabies by the date specified in the
certificate of immunization issued. i. At the request of an Officer, the owner of person having the care and custody of a dog shall provide a valid certificate verifying that said dog has been vaccinated against rabies.
SECTION 3 - DANGEROUS DOGS 3.1 The decision to designate a dog a dangerous dog shall be at the sole absolute and unfettered discretion of an Officer following an investigation of an incident.
3.2 An Officer shall provide written notice to the owner of the dangerous dog outlining the required actions to be completed within a specified time period. i. Any such notice served by an Officer shall be provided by hand delivery or prepaid registered mail, and in the event of service by prepaid registered mail,
shall be deemed received on the fifth (5th) working day after the date of
mailing. ii. No person shall fail to comply with Section 3.2 of this by-law within the specified notice period. iii. After a dog is designated as a dangerous dog by an Officer, no owner shall
fail to comply with the provisions of the dangerous dog designation as outlined
within Section 3.3 of this By-law. 3.3 When a dangerous dog is off its owner's property the owner shall: i. ensure the dog is securely muzzled in a humane manner at all times;
ii. ensure the dog is on a leash not longer than one (1) meter; and
iii. ensure the dog is under the control of a person over the age of eighteen. 3.4 When a dangerous dog is on its owner's property the owner shall ensure the dog is securely confined within an enclosure that meets the following standards:
i. shall be suitable to prevent the escape of the dangerous dog and capable of
preventing the entry of any person not in control of the dog. ii. must have minimum dimensions of two (2) meters and must have secure sides and secure top.
iii. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than thirty (30) centimeters deep.
iv. The enclosure shall also provide protection from the elements for the dog. v. The enclosure shall not be within three (3) meters of the property line or within three (3) meters of a neighbouring dwelling unit. 3.5 An owner of a dangerous dog shall obtain and maintain in force a policy of public
liability insurance issued by an insurer licensed by the Province of Ontario providing third party liability coverage in an amount of not less than Two Million ($2,000,000) Dollars for any damage or injury caused by such dangerous dog and provide the Municipality a certificate of such policy and each subsequent renewal thereof, such policy shall contain a provision requiring the insurer to immediately
notify the Municipality should the policy expire, be cancelled or be terminated for
any reason. 3.6 An owner of a dog which has been designated a dangerous dog pursuant to this by-law shall advise the Municipality immediately if he transfers ownership of such
dog to another person, changes the address at which such dog is kept or has the
dog euthanized, and shall furnish the Municipality with the particulars of the same and any other information which may be reasonably requested by the an Officer. 3.7 An Officer may, at any reasonable time, enter upon any property for the purpose
of carrying out an inspection to determine whether or not the provisions of this By-
law are being complied with. 3.8 An Officer shall have the power to seize and impound a dog found within the Municipality contrary to the provisions of this By-law.
3.9 An Officer exercising the power to inspect, seize or impound pursuant to Section 3.7 and Section 3.8 of this by-law may be accompanied by an assisting agency acting under his direction.
3.10 All Dangerous Dogs designations shall be subject to the necessary provisions of
the Statutory Powers Act. SECTION 4 – DOG TAGS
4.1 Every person who owns, possesses or is in care and control of a dog shall ensure
that that the dog has Dog Identification when it is off the owner’s property. SECTION 5 - KENNELS
5.1 A Kennel shall only be located outside a hamlet or village area.
5.2 Any person or persons who wish to keep more than three dogs in an area which permits kennels shall apply for a Kennel license.
5.2 No person shall erect, maintain, or operate a Kennel within the Municipality unless
that use is permitted in the Municipal Zoning By-law or through a site specific amendment unless existing prior to the effective date of Zoning By-law No. Z456-2003. 5.3 All applications for Kennel licenses shall be accompanied by the following
information: 1. Name and address of kennel owner; 2. Type of breed of dogs housed, boarded, bred or raised; 3. Location of kennel;
4. Proof of approved site specific zoning;
5. Proof of approved Site Plan; 6. Applicable fee. 5.4 Every person who holds a Kennel license shall comply with the following requirements:
i. The license shall be exposed at all times in a conspicuous place in the interior of the premises; ii. The premises shall be maintained in a sanitary, well ventilated, clean condition
and free from offensive odours; iii. The dogs shall be kept in sanitary, well bedded, well ventilated, naturally lighted, clean quarters and a healthful temperature shall be maintained at all times;
iv. The dogs shall be adequately fed and watered and kept in a clean, healthy condition, free from vermin and disease; v. The Kennel building shall be in a separate building and shall not be attached to
any building used or capable of being used for human habitation; vi. The Kennel building and its location shall conform to the applicable zoning by-law and the Ontario Building code and the building shall be maintained in damage-free condition;
vii. The Kennel floor shall be thoroughly cleaned daily, or more often if necessary; viii. Any cage shall be adequately sized to allow the dogs to extend its legs to their full extent, to stand, sit, turn around or lie down in a fully extended position.
ix. Cages are to be constructed of metal, wire, or partly of wire and shall have metal or other impermeable bottoms, which shall be cleaned and washed daily,
or more often if necessary;
x. Whelping facilities shall be separate from the individual and/or group kennel enclosures housing other kennel dogs;
5.5 The Officer may inspect any place where the animals are kept, pursuant to this by-
law. 5.6 If the Kennel is found not to conform to the requirements set out herein, the Officer may direct that the dogs be seized and impounded and may revoke the license
issued to the Kennel.
5.7 Every owner or operator of a Kennel shall allow access to the facility for the purpose of inspection at all reasonable hours by an Officer.
5.8 Every owner or operator of a Kennel shall allow access to the facility for an annual
inspection as part of the renewal process. 5.9 If determined by the Officer that the Kennel does not comply with this by-law or any other regulation for operation of a Kennel, the Kennel license may be revoked.
5.10 The owner of the Kennel shall have a right to appeal to Council the Kennel license revocation. SECTION 6 - ANIMAL RESCUE FACILITY
6.1 The owner of the kennel shall have a right to appeal to council the kennel license revocation. 6.2 An Animal Rescue Facility shall only be located outside a hamlet or village area.
6.3 Any person or persons wishing to operate an Animal Rescue Facility shall apply for a license. 6.4 No person shall erect, maintain or operate a dog kennel within the Municipality
unless that use is permitted in the Municipal Zoning By-law or through a site specific
amendment unless existing prior to the effective date of Zoning By-law No. Z456-2003. 6.5 All applications for an Animal Rescue Facility License shall be accompanied by the
following information:
1. Name and address of facility owner; 2. Location of facility;
3. Proof of approved site specific zoning; 4. Proof of approved Site Plan;
5. Proof of demonstration of operating in good faith through a reference letter by their primary veterinarian; 6. Applicable fee. 6.6 Every person who holds an Animal Rescue Facility license shall comply with the
following requirements: i. The license shall be exposed at all times in a conspicuous place in the interior of the premises;
ii. The premises shall be maintained in a sanitary, well ventilated, clean condition and free from offensive odours; iii. The dogs shall be kept in sanitary, well bedded, well ventilated, naturally lighted,
clean quarters and a healthful temperature shall be maintained at all times;
iv. The dogs shall be adequately fed and watered and kept in a clean, healthy condition, free from vermin and disease;
v. The rescue facility shall be in a separate building and shall not be attached to any
building used or capable of being used for human habitation; vi. The rescue facility and its location shall conform to the applicable zoning by-law and the Ontario Building code and the building shall be maintained in damage-
free condition;
vii. The rescue facility floor shall be thoroughly cleaned daily, or more often if necessary;
viii. Any cage shall be adequately sized to allow the dogs to extend its legs to their full
extent, to stand, sit, turn around or lie down in a fully extended position; ix. Cages are to be constructed of metal, wire, or partly of wire and shall have metal or other impermeable bottoms, which shall be cleaned and washed daily, or more
often if necessary.
6.7 The Municipality may renew the authority issued under Section 6.5 for a person to continue to operate an Animal Rescue Facility where the person has provided an annual report to the Municipality with information regarding the adoption of dogs,
including the number of dogs adopted, who adopted the dog, address of the new
owner and date the dog was adopted, and demonstrated he will continue to the meet the requirements under Section 6 of this by-law.
SECTION 7 - IMPOUNDING
7.1 An Officer may seize and impound any dog found running at large contrary to the provisions of this Bylaw. 7.2 Every dog seized by an Officer shall be forthwith delivered to the Pound Keeper.
7.3 The owner or keeper of a dog impounded for being at large shall be entitled to redeem such dog within 72 hours from the time of impoundment, exclusive of the day of impoundment, statutory holidays, and days during which the pound is otherwise closed, upon paying the Municipality the applicable maintenance charges prescribed, and any other damages, fines and expenses according to law.
7.4 Where a dog that is impounded is not claimed by the owner thereof within the redemption period specified under this by-law, the Pound Keeper may retain the dog for such further time as he may consider proper and during that time the Pound Keeper may:
i. sell the dog for such price as he may consider proper;
ii. euthanize the dog; iii. dispose of the dog in accordance with the Animals for Research Act. 7.5 Where a dog that is captured or taken into custody is injured or in the opinion of the
Pound Keeper, should be destroyed without delay for humane reasons or for
reasons of safety to persons or animals, the Officer or other trained person appointed by the Pound Keeper, may euthanize the dog in a humane manner as soon after capture or taking into custody as he may determine, and may do so without permitting any person to reclaim the dog or without offering it for sale.
7.6 In the opinion of an Officer, where a dog cannot be captured and where the safety of persons or animals are endangered, an Officer may euthanize the dog and no damages or compensation shall be recovered by the owner of the dog for said destruction.
7.7 Where a dog is captured or taken into custody, and the services of a veterinarian are secured by the Pound Keeper, the owner shall pay to the Municipality all fees and charges of the veterinarian in addition to all other fees and per diem charges payable under this By-law, whether the dog is alive, dies or is euthanized.
7.8 Every pound fee or other maintenance fee and license fee that is unpaid in whole or in part is a debt due to the Municipality and is recoverable in any court of competent jurisdiction in which a debt or money demand may be recovered.
7.9 Every pound fee or other maintenance fee and license fee expended by or on behalf
of the Municipality under the authority of the By-law that is unpaid in whole or in part is a debt due to the Corporation and shall be collected in like manner a municipal taxes.
7.10 Where a dog is claimed from the Pound keeper, the owner shall provide proof of
ownership of the dog, and pay the Municipality the applicable maintenance fees prescribed, and any other damages, fines and expenses according to law prior to release of the dog. SECTION 8 - EXEMPTIONS
8.1 This by-law shall not apply to: i. a dog hospital, clinic or kennel, lawfully operated for the exclusive purpose of treating sick or injured animals, and supervised by a veterinarian who is a
registered member of the Ontario Veterinary Association.
ii. the Ontario Society for the Prevention of Cruelty to Animals. iii. Dogs maintained in a zoo, fair, exhibition, dog show or circus operated or licensed by a municipal or other governmental authority. iv. Dogs maintained at a research facility registered under the Animals for Research
Act.
SECTION 9 - ADMINISTRATION AND ENFORCEMENT 9.1 Unless otherwise indicated, the administration of this By-law shall be assigned by
Council to an Officer who may delegate the performance of his functions under
this By-law from time to time as occasion requires. 9.2 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include
the female gender or vice versa, where applicable.
9.3 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply.
9.4 The Officer may enter onto lands accompanied by any other person under the Officer’s direction, and with the appropriate equipment as required, to determine a violation of this by-law. No owner shall fail to comply or not allow the Officer entry onto the lands.
9.5 No person shall prevent, hinder, or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an Officer. 9.6 The Court in which the conviction has been entered, and any Court of competent
jurisdiction thereafter, may make an Order prohibiting the continuation or
repetition of the offence by the person convicted, and shall such Order shall be in addition to any other penalty imposed on the person convicted.
9.7 If a Court of competent jurisdiction should determine that any section or part of a section of this by-law is invalid, the remainder of this by-law shall remain valid and
still in force. SECTION 10 - PENALTIES 10.1 Every person who contravenes any of the provisions of this By-law is guilty of an
offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990,
c.P.33, as may be amended from time to time. SECTION 11 – NO LIABILITY FOR DAMAGES
11.1 The Municipality, its agents and servants, and in particular the Officer, shall not be liable for damages or compensation for any dog killed, euthanized, or otherwise disposed of pursuant to any provision of this by-law and no such damages or compensation shall be paid to any person.
SECTION 12 - TRANSITION 12.1 Every license issued pursuant to this by-law shall be deemed to be a license issued under this by-law and every such license shall continue to be valid until its normal
date of expiry.
12.2 Every act taken pursuant to the predecessor to this by-law shall, as necessary, be deemed to have been taken pursuant to this by-law and every such act may be carried to its conclusion pursuant to the authority granted by this by-law.
SECTION 13 - REPEAL-ENACTMENT 13.1 By-law No. 2015-113 shall be repealed in its entirety upon the passing of this by-law.
13.2 This By-law shall come into full force and effect on the date of its passing by Council.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF MARCH 2023.
____________________________ _____________________________ MAYOR CLERK
The Corporation of the Municipality of Bayham Schedule ‘A’
BY-LAW NO. 2023-011 Schedule of License Fees
TYPE FEE
Kennel License (first time) $250
Kennel License (renewal) $200
Animal Rescue Facility License (first time) $150
Animal Rescue Facility License (renewal) $100
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-020
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND VIEWCON CONSTRUCTION LIMITED WHEREAS Section 23 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality may enter into an agreement with any person to construct, maintain and operate a private road or a private water or sewage works, including fire hydrants; AND WHEREAS the Municipality of Bayham issued Tender RFT 23-01 in support of replacing water service lines in Vienna as a part of an ICIP Green Stream grant; AND WHEREAS Viewcon Construction Limited was the successful bidder for RFT 23-01; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Viewcon Construction Limited for replacement of water service lines in Vienna; 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 Corporation of the Municipality of Bayham and Viewcon Construction Limited, being an agreement to proceed with the replacement of water service lines in Vienna in accordance with RFT 23-01.
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF
MARCH, 2023. ___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-021 BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF
THE COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND OF ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every
Municipality to pass a Procedural By-law for governing the calling, place and proceedings of
meetings; AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its
Members and the calling of Meetings, and to provide for procedures and statutory
requirements in accordance with the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto; NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as
follows:
Section 1 – DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a
different meaning:
1.1.1 “Acting Head of Council” shall mean the Deputy Mayor when the Mayor is absent or refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy Mayor are absent or refuse to ac t or the offices of the
Mayor and Deputy Mayor are vacant, the member of Council who is appointed
by Council to act from time to time in the place and stead of the Mayor and who shall exercise all of the rights, power s and authority of the Head of Council while so acting.
1.1.2 “Ad Hoc Committee” shall mean a special purpose committee of limited
duration, appointed by Council to consider a specific matter and which is dissolved automatically upon submitting its final report to Council, unless otherwise directed by Council.
1.1.3 “Advisory Board or Committee” shall mean a committee appointed by
Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. 1.1.4 “CAO|Clerk” shall mean the CAO|Clerk of the Corporation of the Municipality
of Bayham.
1.1.5 “Chair” in the case of the Council shall mean the Mayor, Deputy Mayor or the Member appointed to act as Chair during the absence of the Mayor and
Deputy Mayor from a Council Meeting or a portion of a Meeting. While acting as Chair the Member shall exercise all of the powers and responsibilities of the Mayor under this Procedural By-law. In the case of the a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing, Chair shall mean the Mayor, Deputy Mayor or the Member, whoever presides over a portion of the
Meeting of the Statutory Public Meeting, Public Meeting or a Court of Revision
Hearing as provided for in this Procedural By-law. In the case of an Ad Hoc Committee or Advisory Board or Committee, Chair means the Council Member appointed to be Chair.
1.1.6 “Clerk” shall mean the Clerk of the Municipality of Bayham and includes the
Deputy Clerk and any official of the Municipality appointed by Council to exercise the power(s) of the Municipal Clerk in the absence of the Clerk or Deputy Clerk.
1.1.7 “Committee” shall mean a committee of Council and includes Standing
Committees, or sub-committees of the Standing Committees. 1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the Council of the Municipality of Bayham to the Committee of
Adjustment pursuant to the provisions of the Planning Act, R.S.O., 1990,
c.P.13, as amended.
1.1.9 “Council” shall mean the Council of the Corporation of the Municipality of Bayham. 1.1.10 “Councillor” shall mean a person elected or appointed as a Member of Council but does not include the Mayor. 1.1.11 “Delegation” shall mean a person or group of persons desiring to verbally present information or to make a request to Council. 1.1.12 “Deputy Mayor” shall mean the Member of Council who is elected to the
position and who, in the absence of the Mayor, shall exercise the power s and responsibilities of the Mayor provided for in this By-law or any other by-law or statute. 1.1.13 “Holiday” shall mean a holiday as defined by the Legislation Act, 2006 S.O.
2006, c. 21, Schedule F as amended or replaced from time to time. 1.1.14 “Local Board” shall mean a local board as defined in the Municipal Act, S.O.2001, c.25 as amended.
1.1.15 “Mayor” shall mean the Head of Council for the Municipality. 1.1.16 “Meeting” shall mean any Regular or Special Meeting of Council, including a Statutory Public Meeting, Public Meeting, Court of Revision Hearing, and Advisory Board and Committee Meetings.
1.1.17 “Member” shall mean a Member of the Council of the Corporation of the Municipality of Bayham, and includes the Mayor and Committee Members. 1.1.18 “Motion” shall mean a question or proposal to be considered and which is moved and seconded and is subject to debate. When a Motion is adopted, it
becomes a Resolution. 1.1.19 “Municipal Act” shall mean the Municipal Act, 2001, (S.O.2001, c. 25), as amended or replaced from time to time.
1.1.20 “Municipality” shall mean the Corporation of the Municipality of Bayham. 1.1.21 “Newspaper” shall mean a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than one week, consisting in great part of news of current local events of general
interest and made available to the public. 1.1.22 “Pecuniary Interest” shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter
M.50, as may be amended.
1.1.23 “Planning Act” shall mean the Planning Act, R.S.O. 1990, c.P. 13, as
amended. 1.1.24 “Point of Order” shall mean a statement made by a Member during a
Meeting drawing to the attention of the Presiding Member a breach of the
Rules of Procedure. 1.1.25 “Point of Privilege” shall mean the raising of a question that concerns a Member, or all of the Members, when a Member believes that his rights,
immunities or integrity or the rights, immunities or integrity of Council or staff
as a whole have been impugned. 1.1.26 “Presiding Member” shall mean the Mayor, Acting Mayor or Chair of the Meeting.
1.1.27 “Quorum” shall be as defined in Section 4.9 herein. 1.1.28 “Recorded Vote” shall mean the written record of the name and vote of every Member present when the vote is called on any matter or question
during a Meeting. 1.1.29 “Resolution” shall mean a formal expression of opinion or intention. 1.1.30 “Rules of Procedure” shall mean the rules and requirements contained
within this Procedural By-law. 1.1.31 “Vice Chair” shall mean such Member of a Committee who has been appointed to act in the place and stead of the Committee Chair when such
Chair is absent from a meeting of the Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. 1.1.32 “Website” shall mean the Municipality of Bayham website address identified as www.bayham.on.ca
Section 2 - GENERAL PROVISIONS
2.1 Applicability 2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Meetings and shall be the rules and requirements which govern the order of their business.
2.1.2 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular shall include the plural, and vice-versa, as the context requires.
2.2 Suspension of Rules and Procedures 2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this Section may be temporarily suspended by a vote of three-quarters (3/4) of the Members present and voting:
a) rules about a change to the order of procedure in the Agenda content;
b) rules about delegation status; c) rules about the increase or decrease of delegation speaking time and debate limitations.
2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be decided by the Chair subject to an appeal to the Members.
2.3.2 All points of order or procedure not provided for in these Rules of Procedure
shall be decided in accordance with the rules of procedure known as Robert’s Rules of Order. 2.4 Video Equipment, Recording Devices and Cellular Telephones
2.4.1 The use of cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory or visual means by accredited and other representatives of any news media or members of the general public is permitted only with approval prior to the commencement of the applicable
Meeting. 2.4.2 Cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature shall be turned off immediately if requested by a member of the audience.
2.4.3 All communication devices shall be switched to ‘silent’ upon entering the location where any Meeting is being held. Section 3 - DUTIES OF MEMBERS
3.1 Duties of the Mayor 3.1.1 It shall be the duty of the Mayor, or acting Head of Council, to carry out the responsibilities of a Head of Council set forth in the Municipal Act, in addition to the following responsibilities:
a) to open the Meeting of Council by taking the Chair and calling the
Members to order; b) to announce the business before the Council in the order in which it is to be acted upon; c) to receive and submit, in the manner prescribed by this Procedural By-
law, all motions presented by Members;
d) to recognize any Member who wishes to speak and to determine the order of speakers; e) to put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of the proceedings and to announce the
results;
f) to decline to put to vote motions which contravene the provisions of the Procedural By-law; g) to enforce the provisions of the Procedural By-law; h) to enforce on all occasions the observance of order and decorum among
the Members;
i) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the Council Chamber, or the place of Meeting, as the case may be; j) to cause to be expelled and excluded any member of the public who
creates a disturbance or acts improperly during a Meeting and, if
necessary, to direct the Municipal Clerk to seek appropriate assistance from the Ontario Provincial Police Service; k) to authenticate, by signature, all By-laws and Meeting minutes; l) to rule on any points of order raised by Members of Council;
m) to represent and support the decisions of Council, declaring its will and
explicitly and implicitly obeying its decisions in all things; n) to adjourn the Meeting when the business is concluded, or if considered necessary by the Mayor because of grave disorder, to adjourn the sitting without putting to the vote any question, or suspend the sitting for a time
to be named.
3.1.2 By virtue of office, the Mayor is appointed as an ex-officio member of Advisory Board and Committees. Ex-officio members do not have voting rights.
3.2 Duties of the Deputy Mayor
3.2.1 Where the Mayor gives notice to the Clerk that he will be absent from the Municipality, or of his absence through illness, or his office is vacant, or he
refuses to act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so acting, has and may exercise all the rights, powers and authority of the Head of Council. 3.2.2 Act as an alternate lower-tier member to attend County Council where the Mayor
gives notice to the County Clerk that he will be absent, or of his absence through
illness, then the Deputy Mayor may act in his place and while so acting, has and may exercise all the rights, powers and authority of the member of County Council.
3.3 Duties of the Members of Council
3.3.1 It shall be the duty of the Council Members to carry out the role of Council as set forth in the Municipal Act, in addition to the following responsibilities: a) to deliberate on the business submitted to Council;
b) to vote when a motion is put to a vote, except where otherwise
disqualified from doing so by law; c) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things d) to Chair the portion a Meeting for which he is the appointed Chair and
assume the duties of the Mayor as detailed in Section 3.1.1; and
e) to apply and respect the Rules of Procedure. 3.4 Duties of the Advisory Board or Committee Chair
3.4.1 It shall be the duty of the Chair to carry out the following responsibilities:
a) to open the Meeting of the Advisory Board or Committee by assuming the Chair and calling the Members to order; b) to announce the business before the Advisory Board or Committee in
the order in which it is to be acted on;
c) to receive and submit, in the manner prescribed by this Procedural By-law, all Matters of Business presented by Members; d) to recognize any Member who wishes to speak and to determine the order of the speakers;
e) to put to vote all questions which are regularly moved or necessarily
arise in the course of the proceedings and to announce the results; f) to participate as an active and voting member, encouraging active participation by all Advisory Board and Committee Members; g) to decline to put to vote motions which contravene the provisions of
this Procedural By-law;
h) to enforce the provisions of the Procedural By-law; i) to enforce on all occasions, the observance of order and decorum among the Members; j) to call by name, any Member refusing to comply with this Procedural
By-law and to order the Member to vacate the place of Meeting;
k) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting; l) to authenticate, by signature, all Meeting minutes;
m) to rule on any Points of Order raised by Members; n) to represent and support the decisions of the Advisory Board or Committee, declaring its will and explicitly and implicitly obeying its decisions in all things; o) to be the point of contact with Council, staff, and any media relations;
p) to review the goals and objectives of the Advisory Board or
Committee and ensure the work plan is realistic, up-to-date, and being followed; q) to recognize workload limitations of the Advisory Board or Committee;
r) to adjourn the Meeting when the business is concluded.
3.5 Duties of the Advisory Board or Committee Vice Chair 3.5.1 Where the Chair gives notice that he will be absent from the Advisory Board or
Committee Meeting, or of his absence through illness, or he refuses to act, then
the Vice Chair shall act in his place and instead of the Chair and, while so acting, has and may exercise all the rights, powers and authority of the Chair. 3.6 Duties of the Advisory Board or Committee Members
3.6.1 It shall be the duty of the Advisory Board and Committee Members to carry out the following responsibilities: a) to deliberate on the business submitted to the Advisory Board or
Committee;
b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law; c) to apply and respect the Rules of Procedure; d) to attend all scheduled and special Advisory Board or Committee
meetings, sending regrets otherwise;
e) to understand his role and expectations, including all applicable Municipality Policies; f) to follow the agenda and stay focused on the topic at hand; g) to understand and follow the mandate of the Advisory Board or
Committee, including its relationship to Council;
h) to understand and respect the role and expectations of all participants; i) to develop and maintain a climate where mutual support, trust, respect, courtesy, teamwork, creativity, and a sense of humour are
valued;
j) to maintain a high degree of professionalism, discharging all duties with honour and integrity in order that the Member may merit the trust and confidence of the citizens of the Municipality of Bayham, Council and Staff;
k) to respect the individual worth and dignity of other Members and, at
all times, work together to achieve a common vision for the community, utilizing the diverse knowledge, expertise and talents of all Members to optimal advantage;
l) to challenge ideas and not people, creating a climate where it is okay to disagree; m) to communicate directly, concisely and honestly, listening without interruption, and be open-minded, allowing a variety of opinions to be heard;
n) to work effectively with the administration to provide excellent service
to residents, recognizing the professional obligations of Staff as an employee of the Municipality and not intervening in administrative practices; o) to respect that decisions of Council are final and accurately
communicate the decisions of Council even if they disagree with the
majority decision of the Advisory Board or Committee; p) to respect confidential information; q) to attend any training session for Members.
3.7 Overall Member Conduct
3.7.1 Members shall adhere to the Council Code of Conduct as adopted by Council and as amended from time to time.
Section 4 - MEETINGS
4.1 Place of Meeting 4.1.1 Unless otherwise directed by Council, all Regular and Special Council Meetings
shall be held in the Council Chambers of the Municipal Office at 56169 Heritage
Line, Straffordville, Ontario. 4.1.2 All Advisory Board and Committee Meetings shall be held at the Straffordville Community Centre at 56169 Heritage Line, Straffordville, Ontario, unless an
alternative meeting location is agreed-upon by the Chair and Clerk.
4.2 Inaugural Meeting 4.2.1 The Inaugural Meeting of the Council shall be held, in a year in which a
municipal election is held, at a time determined by the Head of Council-Elect and
the CAO|Clerk. 4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto.
4.3 Regular Meetings 4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of each month commencing at 7:00 p.m., unless such a day is a Holiday, or on
such other day and time as may be determined from time to time by
resolution of Council. 4.3.2 Where a change is made to the day and time of a Meeting of Council, the
Clerk shall notify the Mayor, give notice of the change to all Members in the manner set forth in Section 4.4.3 and provide notice to the Public by posting notice on the Municipal website and at the Municipal Office.
4.3.3 Regular Board or Committee Meetings are at a frequency as outlined in the respective Terms of Reference as authorized by establishing By-laws and the schedule will be received by the Members at the first meeting of the year.
4.4 Special Meetings
4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a Special Meeting of Council by giving direction to the Clerk stating the date, time and purpose of the Special Meeting.
4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do so in writing by a majority of Members, at the time mentioned in the request. 4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at
least twenty-four (24) hours before the time appointed for such Meeting and
shall be delivered electronically via e-mail to their respective Municipal e-mail address. The written or verbal notice shall indicate the nature of the business to be considered at the Special Meeting as well as date, time and place of the Meeting.
4.4.4 No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting except with the unanimous consent of all Members present and voting at such Meeting.
4.4.5 All Special Meetings of Council shall be held at the location of the last Regular
Meeting of Council unless an alternative location is specified in the notice of Special Meeting. 4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of
holding a Special Meeting or any action taken thereat where all Members are
present at the Meeting or where any Member or Members who are absent consent to the holding of such Meeting and so inform the Clerk.
4.4.7 A Committee Chair may call a Special Meeting through the same provisions of Section 4.4.1., subject to the agreement of the Clerk. 4.5 Emergency Meeting
4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, an emergency Special Meeting of the Council may be called by the Mayor without advance notice being given by the Clerk pursuant to this By-law, to consider and deal with such urgent and extraordinary matters. In this case, the consent of two-thirds (2/3) of the Members to hold such a Meeting without
advance notice is necessary and such consent, if any, shall be recorded in the minutes by the Clerk.
4.5.2 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, Council may, by Resolution, authorize the holding of a Regular or Special Meeting at a location outside the Municipal boundaries.
4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings, Hearings or Information Sessions Held Under the Planning Act, Development Charges Act and Other Applicable Legislation
4.6.1 Council from time to time may conduct Statutory Public Meeting, Public
Meeting, Court of Revisions Hearing, Hearing or other Information Session for any purpose giving such Notice as may be deemed necessary or required by law, or the Municipality’s Public Notice Policy, as amended from time to time.
4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public
Meeting, Court of Revisions Hearing, Hearing or other Information Session the Rules of Procedure outlined herein shall govern. 4.7 Meetings Open to Public
4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.7.2 The Chair may request that members of the public vacate the Meeting if their
behaviour is deemed to be disruptive to the business at hand. The Chair may
unilaterally suspend the Meeting until order is restored.
4.8 Closed Meetings
4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public.
4.8.2 Council may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: a) the security of the property of the Municipality or Local Board;
b) personal matters about an identifiable individual, including Municipal
and Local Board Employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before administrative
tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council is authorized by another
provincial statute to hold a closed meeting;
h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;
i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or
organization;
j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the
municipality or local board.
4.8.3 A motion to close a Meeting or part of a Meeting to the public shall state: a) the fact of the holding of the closed Meeting; and
b) the general nature of the subject matter to be considered at the
closed Meeting.
4.8.4 Where a Meeting or part of a Meeting is closed to the public, those persons not specifically invited to the closed Meeting will be asked to vacate the room in
which the Meeting is being held.
4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except where permitted by law including, without limitation, Section 239(6) of the Municipal Act, which allows a Meeting to be closed to the public during a vote
pursuant to sections 239 (2) or (3) and the vote is for a procedural matter or for
giving directions or instructions to officers, employees or agents of the Municipality or persons retained by or under a contract with the Municipality, and Members deem that it is in the best interests of the Municipality to do so.
4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for
the acquisition or disposal of land, including the sale of road allowances, shall be conducted in open session.
4.8.7 The Motion to rise from “In Camera” shall include the time that Members arose
followed by a subsequent motion for each item considered.
4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting when it is closed to the public.
4.8.9 Members shall ensure that confidential matters disclosed to them during closed
Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Council Code of Conduct.
4.9 Quorum
4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority of Members present and voting is necessary to carry a resolution.
4.9.2 A quorum of Committees shall be a simple majority of the total Advisory Board or Committee Members, including any vacancies.
4.9.3 If a Quorum is not present within thirty (30) minutes after the time appointed
for the Meeting, the Clerk shall record the names of the Members present
and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law.
4.10 Education and/or Training Sessions
4.10.1 An Education and/or Training Session shall not be deemed to be a Meeting and shall not be subject to the rules and regulations applicable to Meetings contained in this By-law.
4.10.2 Members may decide at a Meeting open to the public to convene an informal gathering of its Members to receive and discuss information or advice of a general nature involving subject matters of interest to the Members, at a time and place designated at that time by the Members.
4.10.3 Members in deciding to convene an Education and/or Training Session, shall designate the general purpose or purposes for which the session is to be held. 4.10.4 An Education and/or Training Session may be held at any place designated by
the Members at the time at which it makes its decision to convene the session,
whether or not within the boundaries of the Municipality or any adjacent municipality. 4.10.5 All Members are entitled to attend at the session, together with the designated
staff or consultants retained by the Municipality, but the Members, in deciding
to convene the session, may decide to exclude the public therefrom. 4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw-vote, report, recommendation or other action or decision may be
proposed, discussed, decided upon, adopted, taken or made at an Education
and/or Training Session. 4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt with during the session and upon conclusion thereof, the notes shall be
maintained as a public record under the control of the Clerk which records
shall not be subject to section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy Act, as amended. 4.11 Public Notice of Meeting
Regular Meetings 4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted
on the Municipal Website no later than the second week of the month prior to the commencement of the monthly schedule. 4.11.2 Public notice of each regularly scheduled Meeting shall be deemed to be given by making the agenda available for viewing on the Municipal Website by 4:00
P.M. on the Friday preceding the regularly scheduled Meeting.
Special Meetings 4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on
the Municipal Website at least one week prior to the amended Meeting date
where practicable to do so. 4.11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal Website and the Press shall be notified by e-mail not less than
twenty-four (24) hours before the time appointed for the Special Meeting.
Emergency Special Meetings 4.11.5 Where an Emergency Special Meeting is held in accordance with Section 4.5,
notice of the Emergency Special Meeting shall be posted at the Municipal
Office and on the Municipal Website, and shall be communicated electronically to the Press as soon as practicable following the Meeting and shall indicate the nature of the business considered at the Emergency Special Meeting.
4.12 Adjournment - Due Hour 4.12.1 Except as provided in Section 11.30, a Regular or Special Meeting shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such
other day and time as Members, by resolution, may direct.
4.13 Cancellation of Meeting 4.13.1 The Chair, or the Clerk in the absence of the Chair, may cancel any Meeting if
he is of the opinion that weather conditions or an emergency warrant. The
Clerk shall inform as many Members as he is able to reach, the media and any persons that are scheduled to be in attendance. 4.13.2 Postponement of the Meeting shall not be for any longer than the next
regularly scheduled Meeting.
Section 5 - AGENDAS AND MINUTES 5.1 Council Meeting Agenda
5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at the Regular Meetings of Council:
I. Call to Order II. Disclosures of Pecuniary Interest III. Review of Items Not Listed on Agenda IV. Announcements
V. Presentations/Special Events
VI. Delegations VII. Adoption of Minutes of previous Meeting(s) VIII. Motions and Notice of Motion IX. Open Forum
X. Recreation, Culture, Tourism and Economic Development
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XI. Physical Services – Emergency Services
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XII. Development Services – Sustainability and Conservation
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XIII. Finance and Administration
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XIV. By-laws
XV. Unfinished Business XVI. Other Business XVII. By-law to Confirm the Proceedings of Council XVIII. Adjournment
5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Regular Council Meeting in question.
5.1.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.1.4. In order to ensure accountability and transparency of decision-making and to
protect the public interest and ensure equitable treatment of all citizens,
additions to the Agenda shall not be permitted, except when a matter is of a time-sensitive nature. Time-sensitive matters will be determined and agreed upon by the CAO|Clerk and the Mayor. A time-sensitive matter will be added to
the Agenda via Addendum or brought forth at the meeting of Council during the Review of Items Not Listed on the Agenda section. Any matter not deemed time-sensitive and not included on the Agenda prior to publication as noted in 5.1.2 will be included on the Agenda for the next meeting of Council.
5.1.5 For the purpose of this section, a matter is deemed to be of a time-sensitive
nature when it will negatively impact the health, safety and well-being of persons, expose the Municipality to liability or negatively impact the Municipality’s position in negotiation if Council does not make a decision and the Municipality does not act on the matter prior to the next regular meeting of
Council.
5.1.6 In order to address accountability and transparency and in the event a Verbal Matter is proposed for inclusion on the Agenda, it shall be the responsibility of the member of staff or Council proposing the item to complete a Verbal Matters
Form prior to the meeting, which will be included in the Agenda package and the
Agenda reposted. In the event a Verbal Matters Form cannot be provided prior to the meeting, it is required to be provided to the CAO|Clerk no later than five (5) business days post-meeting to be included on the Agenda package and the Agenda reposted.
5.2 Statutory Planning Meeting Agenda 5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Statutory Planning Meeting:
I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting IV. Purpose and Effect of the Proposed Amendment
V. Public Participation
VI. Correspondence VII. Other Business VIII. Adjournment
5.2.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Statutory Planning Meeting in question. 5.2.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members
present and voting.
5.2.4 With respect to V. Public Participation, the applicant and/or any agent thereof,
making oral representation on their behalf, shall be permitted to present to Council for a cumulative duration of twenty (20) minutes maximum.
Any individual resident attending a Statutory Planning Meeting and wishing to make oral representation shall be permitted to speak for a maximum of ten (10)
minutes. An extension to speak may be decided, without debate, by a majority of Council Members present.
5.3 Committee of Adjustment Meeting Agenda
5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Committee of Adjustment Meeting:
I. Call to Order
II. Disclosures of Pecuniary Interest III. Adoption of Minutes of previous Meeting(s) IV. Chairman’s Remarks on the Purpose of the Meeting V. Public Participation
VI. Correspondence
VII. Other Business VIII. Adjournment 5.3.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Committee of Adjustment
Meeting in question. 5.3.3 The business of the Committee of Adjustment shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the
majority of the Members present and voting.
5.4 Court of Revision Meeting Agenda 5.4.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Court of Revision Meeting:
I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting
IV. Staff Presentation
V. Public Participation VI. Correspondence VII. Other Business VIII. Adjournment
5.4.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Court of Revision Meeting in question.
5.4.3 The business of the Court of Revision shall be considered in the order as it
appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting.
5.5 Public Meeting Agenda 5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Public Meeting:
IX. Call to Order X. Disclosures of Pecuniary Interest XI. Chairman’s Remarks on the Purpose of the Meeting XII. Public Participation
XIII. Correspondence
XIV. Other Business XV. Adjournment 5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Public Meeting in question.
5.5.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting.
5.6 Advisory Board and Committee Agenda
5.6.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Court of Revision Meeting: I. Call to Order II. Disclosure of Pecuniary Interest
III. Delegations
IV. Adoption of Minutes V. Matters of Business VI. Adjournment
5.6.2 The Agenda shall be placed on the Municipal Website no later than Friday by
4:00 P.M. preceding the commencement of the Board or Committee Meeting in question. 5.6.3 The business of the Advisory Board or Committee shall be considered in the
order as it appears on the Agenda, unless otherwise decided by a vote of the
majority of the Members present and voting. 5.7 Meeting Minutes 5.7.1 The Clerk shall cause the Minutes to be taken of each Meeting whether it is
closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting; b) the name of the Chair and the record of attendance of the Members; i. should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted;
c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes prior to the Meeting; e) all resolutions, decisions of the Meeting without note or comment.
5.7.2 The Minutes of each Meeting shall be presented for confirmation at the next
Regular Meeting of the subject Meeting type. 5.7.3 Where the Minutes have been de livered to the Members in advance of the Meeting, the Minutes shall not be read, and a resolution that the minutes be
approved shall be in order.
5.7.4 Following approval of the Minutes, the Minutes shall be signed by the Chair and the Clerk.
5.7.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings
are posted on the Municipal website and prepared in accordance with Section 5.7.1 of this Procedural By-law. Section 6 - ORDER OF PROCEEDINGS OF COUNCIL MEETINGS
6.1 Call to Order 6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Mayor shall take the Chair and call the Members present to
order.
6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Deputy Mayor shall preside over the Meeting and shall exercise all duties and responsibilities of
the Mayor as outlined in this Procedural By-law until the Mayor is present at
the Meeting and able to perform his responsibility to assume the chair. 6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Clerk shall call the
Meeting to order, and the Members present shall appoint a Presiding
Member who shall act as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is able to assume the chair.
6.2 Disclosures of Pecuniary Interest
6.2.1 Where a Member, either on his own behalf or while ac ting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration,
the Member shall:
a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect
to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 6.2.2 Where the Meeting is not open to the public, in addition to complying with the
requirements of Section 6.2.1, the Member shall immediately leave the Meeting
or part of the Meeting during which the matter is under consideration. 6.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest
and otherwise comply at the first Meeting attended by him after the particular
Meeting. 6.3 Presentations / Special Events
6.3.1 At the request of a Member of Council or the Municipality’s staff, any person,
organization, corporation, or appointed official may be permitted to address the Members to inform them of matters of significance to the Municipality provided that the request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week preceding the Meeting.
6.3.2 Presentations shall include only the following: a) civic recognition / awards; b) presentations by Municipal staff or consultants retained by the
Municipality;
c) presentations from senior levels of government or other municipal governments. 6.3.3 Municipal audio visual equipment may be used to assist in presentations,
provided that permission has been obtained for the use of such equipment
from the Clerk at the time the presenter contacts the Clerk to register for the meeting. The presentation material must be provided to the Clerk at least by 9:00 a.m. on the Thursday preceding the Meeting.
6.4 Announcements
6.4.1 During the announcement portion of a Council Meeting, Members may announce or comment on community events and activities when recognized by the Presiding Member.
6.5 Delegations 6.5.1 See Section 9.
6.6 Open Forum
6.6.1 An Open Forum shall last no longer than ten (10) minutes. Each speaker will be permitted to speak for a maximum of two (2) minutes total and will only be
permitted to speak once. 6.6.2 Each speaker shall be required to register with the Clerk in writing prior to noon on the day of a Council meeting, by providing their name and address and agenda item number, which may become part of the public record. 6.6.3 No discussion or debate, and no decision or motion shall be made during or as a
result of comment made during Open Forum.
6.6.4 The Mayor will call on registered speakers in order of their registration. 6.6.5 The Mayor may conclude Open Forum prior to the (10) minute maximum time limit for non-compliance with the Open Forum parameters, conduct of members of the public, or any other reason.
6.6.6 The following matters will not be permitted during Open Forum:
a) Comments/complaints against Members of Council or Municipal staff; b) Closed Session agenda items; c) Comments with respect to Minutes of Council or Committees; d) Comments that are contrary to the Municipal Freedom of Information
and Protection of Privacy Act (MFIPPA)
e) Comments with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act, with the exception of a comment related to a recommendation contained in a Staff Report.
6.7 Minutes 6.7.1 Minutes of previous Meetings shall be listed under this section of the Agenda.
6.7.2 Previous Meeting Minutes may be disposed of through a single resolution or,
alternatively, any Member may request that one or more recommendations contained in the Minutes be separated and voted on separately. 6.8 Motions and Notices of Motion
6.8.1 A Member of Council may file a Motion to be placed on the Council Agenda with the Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council Meeting at which it is to be presented for consideration and dealt with.
6.8.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m. on the Tuesday of the week preceding the Council Meeting at which it is to be presented, of which shall be deliberated at the next Regular Meeting of Council.
6.9 Correspondence 6.9.1 All Correspondence intended to be presented to Council shall be legibly written or printed, shall not contain any impertinent or improper matter or
language, shall identify the author(s) by name and municipal address and
shall be filed with the Clerk before it is presented to Council. 6.9.2 Every item of Correspondence shall be delivered to the Clerk no later than
Tuesday at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is delegated the authority to direct the item of Correspondence or a summary thereof to the appropriate Agenda. The Clerk shall ensure that a summary of the content of the correspondence is prepared and included in the Agenda and a recommendation for disposal, being either “Receive for
Information” or “Requiring Action” is assigned.
6.9.3 Notwithstanding Section 6.9.2, and at the discretion of the Clerk, Correspondence received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an urgent nature or directly relevant to a matter on the
Agenda for the Meeting, may be communicated to Council by way of an
Addendum to the Agenda including a summary of the content of the Correspondence item. 6.9.4 Upon presentation of a motion and prior to its approval, any item of
Correspondence may be the subject of limited discussion. Council may briefly
discuss the matter and if consensus is reached, a revised recommendation may be presented. 6.10 Reports to Council
6.10.1 The Reports to Council section of the Council Agenda shall include any report that, due to timing, urgency, the important nature of the report and/or expediency, the Clerk has determined should be considered by Council.
6.10.2 Notwithstanding Sections 5.1.4 and 5.1.5 of this By-law, Reports to Council
may be included on an Addendum at the sole discretion of the Clerk. 6.11 By-laws
6.11.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law
granting authority to borrow under the authority of the Municipal Act, or any by-law arising as the result of an order or decision of any quasi-judicial body, shall be presented to Council unless the subject matter thereof has been considered by Council and has been approved by Council. The Clerk shall
prepare and include in the Council Agenda a summary of all By-laws,
specifying the title of each By-law. 6.11.2 Every By-law, when introduced, shall be in typewritten form and shall contain no blanks, except such as may be required to conform to accepted procedure
or to comply with the provisions of any Act, and shall be complete with the
number and date to be affixed. 6.11.3 All by-laws shall be given first and second readings in a single motion, unless a Member wishes to discuss the contents of a specific by-law, at which time
the subject by-law shall be removed from the motion and dealt with separately.
6.11.4 When the by-laws are reported with or without amendment, they shall be forthwith given third reading in a single motion at the same Meeting on the
affirmative vote of the majority of the Members present and voting. 6.11.5 The Clerk shall endorse on all By-laws enacted by Council, the date of the several readings thereof.
6.11.6 Every By-law which has been enacted by Council shall be numbered and
dated, and shall be signed by the Mayor, or his designate, and the Clerk, sealed with the seal of the Municipality and, thereafter, shall be retained under the control of the Clerk.
6.12 Unfinished Business
6.12.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of an Agenda matter or previous Agenda, shall be disposed of during this portion of the Meeting.
6.13 Other Business 6.13.1 Items of business requiring the direction of Council or a formal resolution will appear under this section in the Agenda. These matters should generally pertain
to information items and can include Reports on Advisory Committees. Any
proposal to present a Motion must comply with Section 11 of this By-law. 6.14 By-law to Confirm the Proceedings of Council
6.14.1 At the conclusion of all Regular and Special Meetings of Council and prior to
Adjournment, a Confirming By -law shall be brought forward to confirm the actions of the Council at that Meeting in respect of each Motion, Resolution and other action taken and a Confirming By-law, when introduced, shall be taken as having been read and shall be voted on without debate.
6.15 Adjournment 6.15.1 See Sections 11.28, Section 11.29 and Section 11.30
6.16 Electronic Participation
6.16.1 Notwithstanding that set forth in Section 6, and in accordance with the COVID-
19 Economic Recovery Act, 2020 to amend the Municipal Act, 2001, the following rules and regulations for electronic participation in a Council Meeting
shall apply:
a) A Member who is unable to attend a Council Meeting in person may participate in that Meeting by electronic or other communication facilities if the facilities enable all participating Members, whether attending in person or through
electronic participation, to hear and be heard by all other Members.
b) Except for all or any part of the Council Meeting that is closed to the public, the electronic or other facilities are capable of and enable the public to hear, or watch and hear, all Members participating in the Meeting. c) A Member who intends to participate in any such Meeting of Council by
electronic or other communication facilities shall give to the Clerk Notice of that
intention at least 24 hours prior to the commencement of such Meeting, provided that, if Notice of such Meeting is provided less than 24 hours prior to its scheduled commencement, then the Member shall give to the Clerk as much notice as possible prior to commencement of such Meeting. In all such
circumstances, the Clerk will, as soon as reasonably possible, provide the
Member intending to attend by electronic participation with instructions on how to connect to and participate in that Meeting by electronic or other communication facilities.
d) There shall be no limit upon the number of Members who may attend a Meeting
of Council by electronic or other communication facilities. e) The Mayor (or designate), as Chair, shall lead the Meeting and be present from a designated meeting location supported by the CAO (or designate), where
possible.
f) Each Member attending the Meeting by electronic or other communication facilities shall notify the Chair and other Members when he or she joins the Meeting and, if and when applicable, upon leaving the Meeting.
g) Any Member attending and present during a Meeting by electronic or other communication facilities shall be counted for purposes of quorum at the commencement of and at any point in time during the Meeting.
h) Any Member attending and present during a Meeting by electronic or other
communication facilities may participate in all aspects of the Meeting as if present in person, including but not limited to debate, questioning, presentation of motion, and/or voting.
i) During the course of a Meeting within which any Member is participating by
electronic or other communication facilities, the Chair (or designate) shall announce each agenda item on the floor of the Meeting and shall thereafter maintain an orderly meeting process, including keeping Members fully informed.
j) Any Member attending and present during a Meeting by electronic or other
communication facilities may vote on any matter being considered in such Meeting and that vote shall be counted and, as set forth below, duly recorded. k) During the course of each vote conducted within such Meeting:
i. All votes shall be a recorded vote conducted by the Clerk, as directed by
the Chair, unless Council decides otherwise. ii. The Clerk shall call the name of each Member to vote and shall thereafter record such indicated vote of that Member as “yes” or “no’.
iii. If the Member, whether present in person or electronically and after two attempts, fails to respond to the call of his or her name, then the vote is recorded as “no”, unless directed otherwise by the Chair. iv. The Clerk shall announce the results of the vote to the Chair and Council, including announcement of the specific vote of each Member as either
“yes” or “no”.
l) During the course of the Meeting: i. Each Member shall remain silent and attentive to the proceeding when not assigned to the floor by the Chair.
ii. Each Member shall listen for their name to be assigned to the floor to
speak or to vote. iii. All Members shall take and abide by the directions of the Chair in order to facilitate an effective, efficient, and orderly Meeting.
6.16.2 The rules and regulations set forth under Section 6.16.1 of this By-law shall also
be applicable to any Council Meeting held during any period in which an emergency has been declared to exist in all or part of the territorial limits of the Municipality of Bayham pursuant to either section 4 or 7.0.1 of the Emergency
Management and Civil Protection Act.
Section 7 - ORDER OF PROCEEDINGS – PUBLIC MEETINGS 7.1 Public Meetings
7.1.2 Public Meetings shall be conducted in the following manner:
a) the Chair shall state the purpose of the Public Meeting and shall explain to those present how the Public Meeting shall be conducted;
b) a member of the Municipal staff and/or Municipal Consultant shall
then address the Council to present the matter to the Council; c) if applicable, the applicant or agent who is present shall then make representation regarding the matter; d) Members of the Committee shall then be given the opportunity
to ask questions or seek clarification regarding the matter; and
e) members of the public shall then be permitted to make representation regarding the matter. 7.2 Adjournment
7.2.1 See Section 11.28, Section 11.29 and Section 11.30 Section 8 - ORDER OF PROCEEDINGS – BOARD AND COMMITTEE MEETINGS
8.1 Call to Order
8.1.2 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Chair shall call the Members present to order.
8.1.3 If the Chair does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Vice Chair shall preside over the Meeting and shall exercise all duties and responsibilities of the Chair as outlined in this Procedural By-law until the Chair is present at
the Meeting and able to perform his responsibility to assume the chair.
8.1.4 If the Vice Chair is also not present within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Clerk shall call the Meeting to order, and the Members present shall appoint a Presiding Member who
shall act as Chair of the Meeting until the arrival of the Chair or Vice Chair,
whoever is the first to arrive and is able to assume the chair. 8.2 Disclosures of Pecuniary Interest
8.2.1 Where a Member, either on his own behalf or while acting for, by, with or
through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting of the Advisory Board or Committee at which the matter is the subject of consideration the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the
interest and the general nature thereof;
b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question.
8.2.2 Where the Meeting is not open to the public, in addition to complying with the requirements of Section 6.2.1, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration.
8.2.3 Where a Member is absent from a Meeting which includes a matter for which
the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting attended by him after the particular Meeting.
8.3 Delegations
8.3.1 See Section 9.
8.4 Matters of Business
8.4.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of another Agenda heading, shall be disposed of during this portion of the Meeting.
8.4.2 Items of business requiring the direction of the Advisory Board or Committee or a formal resolution will appear under this heading in the Agenda. These matters should generally pertain to information items and can include correspondence and Members’ Reports.
8.4.3 All Matters of Business intended to be presented to the Advisory Board or Committee shall be legibly written or printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Clerk before it is presented to the Advisory
Board or Committee.
8.4.4 All matters to be considered under this heading of the Agenda shall be received by the Clerk no less than five (5) days prior to the Advisory Board or Committee Meeting date.
8.5 Adjournment 8.5.1 See Section 11.28, Section 11.29 and Section 11.30
Section 9 - DELEGATIONS
9.1 Delegations 9.1.1 There shall be no more than four (4) delegations, in total, scheduled for any
Regular Meeting unless the Chair approves additional delegations no later than
forty-eight (48) hours prior to the Regular Meeting. 9.1.2 Persons desiring to verbally present information on matters of fact or to make a request shall give notice, including specific details regarding the subject of their
address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the
week prior to the Meeting. 9.1.3 Notwithstanding Section 9.1.2, Members may, at their sole discretion, entertain delegations with less notice as the circumstance may warrant with a two-thirds
(2/3) majority.
9.1.4 Notwithstanding Section 9.1.3, a person wishing to present information is not required to give written notice nor be listed on the agenda with respect to a matter which the public has been given notice of the Public Meeting under the
Planning Act, any other Act, or according to Municipal Policy, as required.
9.1.5 A Delegation shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may
be decided, without debate, by a majority of Members present. Where a
delegation consists of a group of three or more persons, the group may speak for no more than fifteen (15) minutes. Where a Delegation wishes to provide Members with written communication, including a petition, supporting the Delegation’s comments, the communication s hall be provided to the Clerk and
may be distributed to the Members at the discretion of the Clerk.
9.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that permission has been obtained for the use of such equipment from
the Clerk at the time the presenter(s) contacts the Clerk’s Department to register for the meeting. The presentation material must be provided to the Clerk by 9:00 A.M. Thursday the week prior to the scheduled day of the Meeting.
9.1.7 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentary language; c) speak on any subject other than the subject for which they have
received approval to address; or
d) disobey the rules of procedure or a decision of the Members. 9.1.8 Members shall be permitted to ask questions of delegates only to clarify their submissions or to elicit further information from them that is relevant to their
submission.
9.1.9 Members may refuse to hear delegations when, in the opinion of Members, the subject of the presentation is beyond the jurisdiction of the Municipality.
9.2 Petitions
9.2.1 Every petition intended to be presented shall be legibly written or printed and shall not contain any impertinent or improper matter or language and shall be signed by at least one person and filed with the Clerk.
9.2.2 Every petition shall be delivered to the Clerk not later than Thursday at 9:00 a.m. of the week prior to the Meeting before the commencement of the Meeting and, if in the opinion of the Clerk it contains any impertinent or improper matter or language, the Clerk shall decide whether it should be included in the
Agenda.
Section 10 - RULES OF DEBATE AND CONDUCT 10.1 Conduct of Members
10.1.1 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the
Senate, the House of Commons of Canada or the Legislative
Assembly of the Province of Ontario; b) use offensive words or unparliamentary language or speak disrespectfully against any Member or against any officer or employee of the Municipality of Bayham;
c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of Procedure except where the
ruling of the Chair is reversed by the Members pursuant to
Section 11.23. If a Member persists in any such disobedience after having been called to order, the Chair shall forthwith order that Member to vacate the room in which the Meeting is being held, but if the Member apologizes, he may, by majority vote of
the Members, be permitted to retake his seat;
e) speak in a manner that is discriminatory in nature based on an individual’s race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; or
f) where a matter has been discussed in a closed Meeting, and
where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person.
10.2 Address the Chair
10.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only.
10.3 Order of Speaking 10.3.1 The Chair over any part of a Meeting may state relevant facts and their position on any matter before Members without leaving the chair, which may take place
immediately prior to the vote, but it shall not be permissible for the Chair to
move a motion or debate without first leaving the chair. 10.3.2 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next
recognize in order the other Members.
10.4 Point of Privilege 10.4.1 Where a Member considers that his integrity, the integrity of the Members as a
whole, or the integrity of staff has been impugned, the Member may, on a Point
of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of Members to the matter. 10.4.2 When a Member is permitted to raise such matter of privilege, it shall take
precedence over other matters, but the Member shall not be permitted to enter
into any argument or introduce any Motion related to the Point of Privilege. 10.4.3 When the Chair considers that the integrity of the Administrator or a Member of Municipal Staff has been impugned or questioned, the Chair may permit the
Administrator or Staff to make a statement to Members. 10.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final.
10.5 Point of Order
10.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair
and the Chair shall then decide upon the Point of Order and advise the Member
of the decision. 10.6 Appeal of Ruling of Chair
10.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the
Member does not appeal immediately thereafter to Members, the decision of the Chair shall be final. 10.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal
immediately to Members, otherwise the decision of the Chair is final.
10.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by Members, without debate on the following question: “Will the ruling be sustained?”, and the decision of Members, is final. The
Chair may vote on this question. In the event of a tie of votes, the ruling of the
Chair shall be deemed to be sustained. 10.7 Members Speaking
10.7.1 When a Member is speaking, no other Member shall pass between the Member
and the Chair, or interrupt the Member except to raise a Point of Order. 10.8 Question Read
10.8.1 Any Member may require the question or motion under discussion to be read at
any time during the debate but not so as to interrupt a Member while speaking. 10.9 Speak Once – Reply
10.9.1 No Member shall speak more than once to the same question without leave of
Members except that a reply shall be allowed to be made only by a Member who has presented the motion, but not by any Member who has moved an amendment or procedural motion in response to that motion.
10.10 Time Limited
10.10.1 No Member, without leave of Members shall speak to the same question or in reply for longer than five (5) minutes.
10.11 Questions 10.11.1 A Member may ask a question for the purposes of obtaining information relating only to the matter under discussion and such questions must be stated concisely and asked only through the Chair.
10.11.2 Notwithstanding Section 10.11.1 when a Member has been recognized as the next speaker, then immediately before speaking, such Member may ask a question through the Chair to any Member, the Administrator Staff, concerning any matter connected with the business of the Municipality currently under
discussion but only for the purpose of obtaining information, following which
the Member may speak. Section 11 - MOTIONS
Reading
11.1 All motions must be introduced by a mover and a seconder before the Chair may put the question or motion on the floor for consideration. If no Member
seconds the motion, the motion shall not be on the floor for consideration and
therefore it shall not be recorded in the minutes. 11.2 When a motion is presented in a Meeting, it shall be read in its entirety before debate.
11.3 Notwithstanding Section 11.1, if a motion is printed in the Agenda as either a separate item or as part of a Report, it need not be read in its entirety unless requested to do so by a Member but shall be deemed as read for the purposes of introducing the Motion.
11.4 If, during a Meeting, the Chair desires to leave the chair to move a motion or take part in the debate or otherwise, the Presiding Member shall call on the Deputy Mayor or Vice Chair to preside until the motion is disposed of.
Withdrawn
11.5 After a motion is properly moved and seconded, it shall be deemed to be in possession of Members, but may be withdrawn by the mover at any time before decision or amendment.
No debate until properly moved and seconded 11.6 No Member shall speak to any motion until it is properly moved and seconded, and the mover is entitled to speak first if the Member so elects. If debated, the
question or motion may be read before being put.
Motion ruled out of order 11.7 Whenever the Chair is of the opinion that a motion is contrary to these Rules of
Procedure, the Chair shall rule the motion out of order.
Not within jurisdiction of Council 11.8 A Motion in respect of a matter which requires the exercise of a legislative
power by Council which is not within its jurisdiction shall not be in order at a
Meeting of Council.
Motions Without Notice and Without Leave 11.9 The following matters and motions may be introduced orally by a Member without written notice and without leave, except as otherwise provided by this
Procedural By-law, and shall be decided without debate:
a) a point of order or privilege; b) to adjourn; c) to table the question without directions or instructions; d) to suspend the Rules of Procedure;
e) to lift from the table;
f) to divide the question; g) to refer (without instructions); h) question be now put; and i) to recess.
11.10 The following motions may be introduced orally by a Member without notice and without leave, except as otherwise provided by this Procedural By-law, and may be debated: a) to refer with direction (direction for referral only to be debatable);
to table with instructions (instructions for tabling only to be
debatable); b) to amend; and c) to rescind.
Priority of Disposition
11.11 A motion properly before Members for decision must be disposed of before any other motion can be received except a motion in respect of matters listed in Sections 11.8 and 11.9.
Motion to Amend
11.12 A motion to amend: a) shall be presented in writing if requested by the Chair;
b) shall relate to the subject matter of the main motion;
c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in reverse order to the order in which the amendments are made.
11.13 Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion.
Question be now put
11.14 A motion that the question be now put: a) is not debatable cannot be amended b) cannot be proposed when there is an amending motion under c) consideration, except for the purpose of moving that the
d) amending motion be put;
e) when resolved in the affirmative, requires that the question, motion, amending motion or motion as amended, whichever is under consideration be put forward immediately without debate or amendment;
f) can only be moved in the following words, “that the question be
now put”; and g) requires an affirmative vote of two-thirds (2/3) of the Members present and voting.
Motion to refer or defer/postpone 11.15 A motion to refer or to refer back or to defer or to postpone the question may include instructions respecting the terms upon which the question is to be
referred or deferred or postponed.
11.16 A motion to refer or to refer back or to defer or to postpone the question shall not be debatable except where instructions are included, in which case, only the instructions shall be debatable.
11.17 A motion to refer or to refer back or to defer or to postpone the question may not be amended except where instructions are included, in which case, only the instructions may be amended in accordance with the provisions in Section 11.15.
Motion to table 11.18 A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion
cannot be amended.
11.19 A motion to table with some condition, opinion, or qualification added to the motion shall be deemed to be a motion to defer or postpone made under Section 11.14, Section 11.15 and Section 11.16.
11.20 The matter tabled shall not be considered again by Members until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting.
11.21 A motion to lift a tabled matter from the table is not subject to debate or
amendment.
Motion to divide
11.22 A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members present and voting.
Motion to rescind
11.23 A motion to rescind a previous action of Members requires a majority vote of the Members present and voting provided that notice has been given at the previous Meeting or in the Agenda for the Meeting, and in case the aforesaid notice has not been given, the motion to rescind requires a two-thirds (2/3) vote
of the Members present and voting.
11.24 A motion to rescind is not in order when action has been taken on the order of Members of which it is impossible to revise. The part of an order of Members which has not been acted upon, however, may be rescinded.
Reconsideration
11.25 A resolution, by-law or any question or matter (except one of indefinite
postponement) which has been adopted previously by Members may be reconsidered by Members subject to the following: a) Only a Member who voted thereon with the majority may make a Motion to Reconsider;
b) such motion must be supported by two-thirds (2/3) of the
Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration;
d) if a motion to reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and
e) a vote to reconsider a particular matter or decision will not be
considered more than once during the term of Council.
Motion to recess
11.26 A motion to recess shall provide for Members to take a short intermission within
a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted.
11.27 A motion to recess is not debatable, but it is amendable as to the length of the
recess and is not in order when another motion is on the floor.
Motion to Adjourn
11.28 A motion to adjourn is not debatable or amendable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or
d) when a Member has indicated to the Chair his desire to speak on
the matter. 11.29 A motion to adjourn, if carried, without qualification, will bring a Meeting to an end.
11.30 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and
c) shall require the support of two-thirds (2/3) of the Members
present and voting. d) Any Regular or Special Meeting proceeding past 11:00 p.m. shall not proceed past 11:30 p.m. e) Members shall use this additional time to dispose of the most time-
sensitive items as decided at the sole discretion of Members.
f) Any items not formally disposed of by 11:30 p.m. shall be deemed deferred until the next Meeting, as determined by resolution, and will be disposed of at that time.
Section 12 - VOTING ON MOTIONS
12.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the form introduced and shall do so if required by a Member.
12.2 After a question is finally put by the Chair, no Member shall speak to the question nor
shall any other motion be made until after the vote is taken and the result has been declared. 12.3 Every Member present at the Meeting, when the question is put, shall vote thereon
unless disqualified under the Municipal Conflict of Interest Act to vote on the question.
12.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative.
12.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that question. 12.6 Each Member has only one vote.
12.7 The Chair shall announce the result of every vote.
Unrecorded Vote
12.8 The manner of determining the decision of the Members on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise.
Recorded Vote
12.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote may
be requested by a Member at which time each Member present, except a Member who is disqualified from voting by any Act, shall announce his vote openly and the Clerk shall record his name and his vote on the question.
12.10 The order in which Council Members, present and voting, vote on Recorded Votes
shall be: a) Ward Councillors (in ascending numerical order); b) Deputy Mayor; and c) Mayor
12.11 The order in which Board or Committee Members, present and voting, vote on Recorded Votes shall be in alphabetical order by surname and the Chair last. 12.12 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote,
the Member shall be deemed and recorded as voting against the question.
Section 13 - CONDUCT OF THE AUDIENCE 13.1 Members of the public who constitute the audience in the Council Chamber, or other
such place where a Meeting is held in accordance with Section 4 of this Procedural By-
law, during a Meeting shall respect the decorum of Council, maintain order and quiet and may not: a) address Council without permission; b) interrupt any speaker or action of the Members or any person
addressing Council;
c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of
the Meeting.
13.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Council Chambers, or any other location in which Council may conduct their business.
13.3 The Mayor or Chair may request that a member or members of the public vacate the
Council Chambers or any other location in which Council may conduct their business if their behaviour is deemed to be disruptive to the business at hand. Section 14 - ADMINISTRATION
14.1 This By-law shall be administered by the Clerk. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-Law No. 2022-003 and any associated amendments shall be repealed; 2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF MARCH 2023.
______________________________ _____________________________ MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-022 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD MARCH 16, 2023 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 March 16, 2023 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 16th DAY OF MARCH 2023.
____________________________ _____________________________ MAYOR CLERK