HomeMy WebLinkAboutMay 16, 2023 - Waterfront Advisory CommitteeTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
WATERFRONT ADVISORY COMMITTEE AGENDA
TRACKLESS LOUNGE
56169 Heritage Line, Straffordville, ON
Tuesday, May 16, 2023
5:00 p.m.
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. DELEGATIONS
4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S)
5. MATTERS OF BUSINESS
A. Memo WAC-01/23 re Waterfront Advisory Committee Documents
B. Memo WAC-02/23 re Waterfront Advisory Committee Mandate & Blue Flag Beach
Requirements
C. Memo WAC-03/23 re Waterfront Advisory Committee Meeting Schedule
D. Memo WAC-04/23 re Port Burwell East Beach & Pier Amenities
E. Other Items (Verbal)
6. ADJOURNMENT
MEMO
WATERFRONT ADVISORY
COMMITTEE
TO: Waterfront Advisory Committee
FROM: Thomas Thayer, CAO
DATE: May 16, 2023
MEMO: WAC-01/23 SUBJECT: WATERFRONT ADVISORY COMMITTEE DOCUMENTS
BACKGROUND
Council established Committees of Council and appointed Committee Members for the 2022-2026
Term. Waterfront Advisory Committee (WAC) Members received training on Thursday, April 27,
2023 where specific documents were outlined to be reviewed.
DISCUSSION
The documents outlined to be reviewed and adopted by the WAC Members are attached to this memo.
ATTACHMENTS
1. Advisory Board & Committee Policy
2. Procedural By-law 3. Waterfront Advisory Committee Terms of Reference 4. Blue Flag Beach Criteria
5. Regulation of Public Parks & Recreation Areas 6. Bayham Bench Program Policy 7. Code of Conduct
RECOMMENDATION
THAT Memo WAC-01/23 re Waterfront Advisory Committee Documents be received for information;
AND THAT the Municipality of Bayham’s Procedural By-law No. 2023-021 be adopted as the Procedural By-law for the Waterfront Advisory Committee for the 2022-2026 term.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-012
A BY-LAW TO ESTABLISH AN ADVISORY BOARD
AND COMMITTEE POLICY
WHEREAS Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decision of Council;
AND WHEREAS Council of The Corporation of the Municipality of Bayham deems it
expedient to adopt a policy with respect to Advisory Boards and Committees;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT the Council of the Corporation of the Municipality of Bayham hereby
adopts the Advisory Board and Committee Policy attached hereto as "Schedule
A" and forming part of this by-law;
2_ AND THAT By-law No. 2019-003 is hereby repealed in its entirety;
3. 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 16tn
DAY OF FEBRUARY 2023.
Advisory Board and Committee Policy
Section 1 - Purpose
The Municipality of Bayham Advisory Board and Committee Policy will guide a
consistent, accountable approach to working with Municipality of Bayham Advisory
Board and Committee Members. The Municipality of Bayham Advisory Board and
Committee Policy in conjunction with the respective Board or Committees'
establishing by-laws and the Rules of Procedure By-law, will guide current and future
Advisory Board and Committee Member activity throughout the Municipality of
Bayham. The Municipality of Bayham Advisory Board and Committee Policy is part
of a broader Municipal effort to participate in meaningful, transparent engagement
with all residents of the Municipality of Bayham.
Section 2 - Scope
The Municipality of Bayham Advisory Board and Committee Policy governs the
selection, responsibilities and safety of Advisory Board and Committee Members.
Section 3 — Appointments
Advisory Board and Committee Members are appointed by Council through a formal
application process unless a Provincial Statute prescribes otherwise.
Vacancies will be advertised on the Municipal Website noting for interested
individuals to apply by a specified deadline date. The application form will also be
available on the Municipal Website.
The duration of Advisory Board or Committee appointments are the same term of
Council. While appointees may serve on more than one Advisory Board or
Committee, Council shall give the first consideration to individuals who are not
already appointed to another Advisory Board or Committee.
Specific Advisory Board or Committee qualifications are set out in the respective
establishing by-laws.
Council may, by resolution, rescind any appointments at any time if required.
Section 4 - Advisory Board and Committee Member Responsibilities
Advisory Board and Committee Members have the responsibility to fulfill their role
through the following:
a) Act as an ambassador of the Municipality of Bayham in the community in an
effort to spread knowledge and understanding of the purpose of the specific
Advisory Board or Committee;
b) Not falsely represent the Municipality of Bayham Advisory Boards and
Committees to outside partners, agencies or the public,
c) Respect confidences and privacy of the Municipality of Bayham Advisory
Boards and Committees;
d) Be held accountable for their actions,
e) Be willing to learn and grow in the Advisory Board and Committee position;
f) Work cooperatively with Municipality of Bayham Councillors and staff,
recognizing and appreciating differences of opinion;
g) Be considerate, respect competencies and work as a team with all staff
and other Advisory Board and Committee Members;
111, Complete the training and/or orientation provided;
i) Follow all applicable policies, procedures and by-laws established by the
Municipality of Bayham;
i) Be required to sign a confidentiality statement.
Section 5 - Advisory Board and Committee Member Recognition Program
The Council of the Municipality of Bayham shall every four years, in the final year of
a term of Council, recognize Advisory Board or Committee Members and Community
Volunteers by hosting a Volunteer Appreciation Night. All Advisory Board and
Committee Members and Community Volunteers will have the opportunity to attend
and celebrate volunteerism in the Municipality of Bayham. Council shall determine
the scope and cost of the event through the budget process.
Section 6 - Accessibil
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal
Ascent on June 13, 2005 and is legislation which impacts persons, businesses and
other organizations across Ontario in both the Public and Private sector. The main
purpose of the legislation is the achievement of accessibility for all Ontarians with
disabilities with respect to goods, services, facilities, accommodation, employment,
building structures and premises on or before January 1, 2025, by developing,
implementing and enforcing standards of accessibility. Compliance is mandatory
and AODA has strong enforcement provisions including inspections, orders and
significant penalties.
While serving on any Municipality of Bayham Advisory Board or Committee, all
Municipality of Bayham Advisory Board and Committee Members shall comply with
all Municipality of Bayham Accessibility Policies. Municipality of Bayham Advisory
Boards and Committees shall also ensure that adequate provisions are made to
ensure that Places of Meeting, Agenda and Minute formats, communications and
conduct of meetings are accessible, to provide maximum participation.
Section 7 - Municipal Freedom of Information and Protection of Privacy Act
The Municipal Freedom of Information and Protection of Privacy Act requires the
Municipality to protect the privacy of an individual's personal information existing in
government records and provides a right of access to information held by the
Municipality. The Municipal Freedom of Information and Protection of Privacy Act
creates a privacy protection scheme the Municipality must follow to protect an
individual's right to privacy. The scheme includes rules regarding the collection, use,
disclosure and disposal of personal information in the custody and control of the
Municipality.
The Municipality, as a whole, including Advisory Boards and Committees, are
accountable for complying with the Municipal Freedom of Information and Protection
of Privacy Act. It is against the law to release any personal information to anyone
other than the person that the information is about. As such, all Advisory Board and
Committee members must sign a Municipal Freedom of Information and Protection
of Privacy Act Confidentiality Statement.
Section 8 - Municipal Conflict of Interest Act
The Municipal Conflict of Interest Act strives to control the actions of elected and
appointed Municipal representatives by obliging them to publicly disclose any direct
or indirect pecuniary interests they have in a matter before Council, and Advisory
Boards or Committees. Conflict of interest legislation is limited to pecuniary
interests. The term "pecuniary interest" is not defined in the Municipal Conflict of
Interest Act, but includes direct, indirect and deemed pecuniary interests. Its
dictionary definition is "to relate to money".
If an Advisory Board or Committee Member has a conflict of Interest the Municipal
Conflict of Interest Act requires:
a) the Advisory Board or Committee Member to disclose the pecuniary interest;
b) the Advisory Board or Committee Member to not influence before, during
or after a vote;
c) the Advisory Board or Committee Member to not participate in the
discussion or decision making;
d) the Advisory Board or Committee Member to leave the room, if the matter is
dealt with in -camera under the provisions of the Municipal Act, 2001;
In the event of an alleged contravention, an elector may bring an application before a
Judge of the Ontario Court of Justice for a determination of whether an Advisory
Board or Committee Member has contravened the Municipal Conflict of Interest Act.
Section 9 - Advisory Board and Committee Member Health and Safety
Advisory Board and Committee Members should never be asked to do anything
unsafe, and have the right to refuse any request, function or activity they feel is
unsafe. The Municipality of Bayham has a wide range of interactions with Advisory
Board and Committee Members and therefore expects that different approaches
shall apply to different Advisory Board and Committee activities. It is important that
approaches be designed within an overall policy framework across the entire
Municipality of Bayham.
The health and safety of Advisory Board and Committee Members is paramount and
will be managed in accordance with the same principles and processes as that of
Councillors and staff. All Advisory Board and Committee projects will comply with the
Occupational Health and Safety Act and Regulations, and the Municipality of
Bayham Occupational Health and Safety Policies.
Advisory Board and Committee Members shall have the following responsibilities:
a) Be familiar with the applicable requirements of the Municipality's Health
and Safety Policy and the Occupational Health and Safety Act and
Regulations, and ensure compliance with the same;
b) Take every possible precaution to protect themselves, fellow Advisory
Board and Committee Members and the public from health hazards and
unsafe situations;
c) Properly wear and use personal protective equipment where required;
d) Familiarize themselves with the location and operation of all safety
equipment including first -aid kits and fire extinguishers;
e) Be responsible for the prompt reporting of health and safety hazards,
unsafe acts or conditions, accident and injuries;
f) To not engage in any prank, contest, feat of strength, unnecessary running
or rough boisterous conditions.
Advisory Board and Committee Members are prohibited from using or possessing
illicit drugs, alcohol or using prescription drugs in any way that is illegal. Municipality
of Bayham Advisory Board and Committee Members under the influence of drugs
and/or alcohol will not be tolerated, and will result in the Advisory Board and
Committee Member's dismissal.
Section 10 - Insurance and Liability
The issue of liability is based on the principle that people are responsible for their
conduct in the course of daily activities. Failure to conduct oneself in a responsible
and reasonable manner could result in a tort. A tort is a civil wrong as opposed to a
criminal wrong and occurs when negligent conduct results in some injury to others.
Negligent conduct can include acts of commission or omission. The resulting
damage might be to either person or property.
Advisory Board and Committee Members, inclusive of Student, Affiliate and single
day volunteers, while acting within a specific Advisory Board and Committee
established mandate and under the control and direction of the Council of the
Municipality of Bayham are covered by the Municipality of Bayham General Liability
Insurance Policy. Advisory Board and Committee Members acknowledge the
following:
1 _ Advisory Board and Committee Members shall not be covered by Workplace
Safety Insurance Board coverage.
2. Advisory Board and Committee Members will abide by all applicable Municipal
by-laws, policies and rules, as may be amended from time to time.
3. Advisory Board and Committee Members will not use facilities, equipment and
property owned by the Municipality without approval of a Municipal staff person.
Section 11 —Administration
Unless the context otherwise requires, the words used in the male gender shall include the
female gender and the singular includes the plural, and vice -versa, as the context requires.
Any inquiries on this policy should be directed to the CAOICIerk or designate.
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.0.2001, 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.0.2001, 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 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 act 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, powers 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 "CAOICIerk" shall mean the CAOICIerk 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 powers 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.bavham.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;
cj to receive and submit, in the manner prescribed by this Procedural By-
law, all motions presented by Members;
ccl 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;
hi to enforce on all occasions the observance of order and decorum among
the Members;
1) 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;
1) 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;
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
l;. 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:
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;
r:} to receive and submit, in the manner prescribed by this Procedural
By-law, all Matters of Business presented by Members;
fl 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;
to decline to put to vote motions which contravene the provisions of
this Procedural By-law;
to enforce the provisions of the Procedural By-law;
to enforce on all occasions, the observance of order and decorum
among the Members;
1) 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;
IJ 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;
hj 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;
a) 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 CAOICIerk.
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;
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
IIV. 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
Receive for
Information Requiring Action
b. Reports
to Council XI. Physical
Services — Emergency Services a. Correspondence
i. Receive
for Information i. 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 H. 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 CAOIClerk 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 CAOICIerk 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 11 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
Xl. 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
11. Disclosure of Pecuniary Interest
III Delegations
IIV Adoption of Minutes
V. Matters of Business
1. 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;
should a Member enter after the commencement of the Meeting
or leave prior to adjournment, the time shall be noted;
ci declarations of pecuniary interest;
d) the reading, if requested, correction and confirmation of the minutes prior
to the Meeting;
cj 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 delivered 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 acting 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;
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.
r_) 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.
ij 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:i During the course of each vote conducted within such Meeting:
All votes shall be a recorded vote conducted by the Clerk, as directed by
the Chair, unless Council decides otherwise.
H. 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".
1) 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
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
91 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 shall 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
I) 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;
h ) use offensive words or unparliamentary language or speak
disrespectfully against any Member or against any officer or
employee of the Municipality of Bayham;
cti speak on any subject other than the subject being debated;
dl; 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 pu rpose 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
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;
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
q; 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;
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;
s} 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
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.
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
Ci 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:
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 16t" DAY OF
MARCH 2O23.
K
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-014
A BY-LAW TO ESTABLISH A WATERFRONT ADVISORY COMMITTEE
WHEREAS Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended,
provides that the role of Council is to ensure that administrative practices are in place to
implement the decision of Council;
AND WHEREAS the Municipality of Bayham applies annually to the Blue Flag Program
to obtain Blue Flag Beach status for the Port Burwell East Beach;
AND WHEREAS a requirement of the Blue Flag program is to establish a Blue Flag
beach management committee;
AND WHEREAS Council for the Municipality of Bayham deems it desirable to establish
a Waterfront Advisory Committee that houses the duties of said beach management
committee and operates as a Committee of Council;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
THAT a Waterfront Advisory Committee be established for the Municipality of
Bayham;
AND THAT the Committee operates in accordance with its Terms of Reference
attached hereto as Schedule "A"
3_ AND THAT this by-law shall come into effect on the date of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16tn
DAY OF FEBRUARY 2023.
o" -W-MnP
WATERFRONT ADVISORY
COMMITTEE
Terms of Reference
1. PURPOSE
Bayham's Waterfront Advisory Committee is responsible for ensuring that criteria
through the Blue Flag program is met annually to uphold the Blue Flag status for the
Port Burwell East Beach. Members of the Waterfront Advisory Committee will be
considered the "Beach Management Committee" as required through the Blue Flag
program.
2. DUTIES
It is the duty of the Waterfront Advisory Committee to encourage healthy and
sustainable use of the Port Burwell waterfront by residents and visitors. The Waterfront
Advisory Committee receives information and makes recommendations to Council that
are consistent with approved Blue Flag Beach criteria.
The Waterfront Advisory Committee will also receive information on and is responsible
for providing general recommendations to Council regarding East Beach parking area
amenities and matters regarding the East Pier.
3. MEMBERS
The Waterfront Advisory Committee is comprised of five (5) voting members consisting of
four (4) members of the public and one (1) member of Council. The appointed member of
Council shall be the Chair. The Mayor may attend meetings in an ex-officio capacity and
does not have a vote.
4. APPOINTMENTS & QUALIFICATIONS
Appointments will be carried out as outlined in the Advisory Board and Committee Policy.
The ideal member for the Waterfront Advisory Committee should be:
A resident of Bayham
18 years of age or older
Available for in person meetings held at the Municipal Office in Straffordville
Has previous experience being an Advisory Board or Committee member
Has knowledge of the Blue Flag requirements
Has knowledge of the Port Burwell East Beach amenities and operations
Knowledgeable of local natural environment, invasive species, and impacts to
waterfront dynamics
Experience with environmental education programming
Staff members are not eligible to serve on an Advisory Board or Committee.
5. MEETINGS
The Waterfront Advisory Committee will meet a minimum of four (4) times a year with
Regular Meetings set quarterly by the Committee at the first meeting of the year. Additional
meetings may be scheduled by the call of the Chair if required.
6. ADMINISTRATIVE SUPPORT
The Deputy Clerk or designate will attend all meetings and be responsible for the
preparation and distribution of agendas and minutes. The CAO, for purposes of the
Waterfront Advisory Committee, is the primary Staff Resource.
Specific staff members or external stakeholders may be requested to attend meetings from
time to time, including representation from the Long Point Region Conservation Authority
LPRCA) and/or Otter Valley Naturalists.
Committee members cannot direct staff.
7. REPORTING RELATIONSHIP
Committees of Council provide recommendations to Council. Any motions passed by the
Committee that involve a recommendation to Council will be presented to Council for
consideration at the next available Regular Meeting agenda. Outcomes of Council's
consideration will be provided to the Committee on their next available Regular Meeting
agenda.
8. TERMINATION AND AMENDMENTS
This Committee shares the same term of Council unless otherwise stated. Council may
terminate or amend the terms at any time as deemed appropriate.
9. OTHER
Committee members are to operate and adhere to all provisions set out in the Committee
Policy and the Council Procedural By-law.
Members of the Waterfront Advisory Committee are volunteers and do not receive
remuneration for their duties.
Connecting people with water
Blue Flag Canada
Beach Criteria
blueflag.ca
Blue Flag Canada Operator
The Blue Flag is an internationally
recognized and respected eco-label
that is awarded annually to beaches,
marinas and tourism boats, which
have met strict criteria. Awarded Blue
Flag beaches must meet criteria in
four categories: Water Quality,
Environmental Management,
Environmental Education, and Safety
& Services.
The Blue Flag program was founded
in 1987 and is run internationally by
the Foundation for Environmental
Education (FEE), a non-profit
organization based in Denmark.
There are currently over 4,500 Blue
Flags flying in 47 countries.
Swim Drink Fish set out on a mission
in 2001 to ensure that everyone
could have access to swimmable,
drinkable, fishable water. We do this
by connecting people to water,
collecting water quality data, sharing
this information, and ultimately
restoring water quality and habitat.
Swim Drink Fish is working with
communities across Canada to make
“connect, collect, share, restore,” a
collective stewardship experience.
The Blue Flag Canada program is key
to creating this experience for
communities with beaches, marinas,
and boats across Canada. In 2020
Blue Flags were awarded to 29
beaches and nine marinas across the
country.
1
Canada’s National Operator of
the Blue Flag program is
Swim Drink Fish, a national
environmental charity.
CREDIBILTY FOR
BLUE FLAG BEACHES
The Blue Flag beach criteria are
organized into four main categories:
Water Quality, Environmental
Management, Environmental
Education and Safety and Services.
The criteria are further categorized as
either imperative or guideline. Most
beach criteria are imperative,
meaning the beach must comply with
them to receive Blue Flag
accreditation. Guideline criteria
should be met, but are not
mandatory.
Every summer, Swim Drink Fish
performs random and announced
control visits to Blue Flag beaches
during the swimming season to
ensure that the beach is meeting all
the criteria. Blue Flag International
will conduct random and announced
control visits to Blue Flag countries
during the swimming season.
Reapplications and control visits are
critical to ensure that all awarded
beaches uphold the integrity of the
program.
If a local authority or beach operator
is responsible for violations of
national environmental regulations or
is in disagreement with the objectives
and spirit of the Blue Flag program,
Swim Drink Fish and FEE have the
right to refuse or withdraw Blue Flag
accreditation from any beach.
WHY FLY A BLUE
FLAG
Out of 47 countries polled by Blue
Flag international, Canadians
consistently demonstrated significant
interest in the Blue Flag program. In
Canada, a site flying a Blue Flag is
regarded by the public as a symbol of
excellence for environmental,
educational, safety, and accessibility
criteria.
Similar to that of Swim Drink Fish, a
central focus of the Blue Flag program
is connecting people with nature so
they can learn about their
environment. When people feel
connected to water and the
environment, they are much more
likely to protect it.
What makes the Blue Flag program so
unique and successful is its holistic
nature. The Blue Flag standards
ensure that Blue Flag beaches are not
only clean and environmentally
sustainable but provide the facilities
and services that tourists are looking
for around the world.
These standards are why the World
Health Organization, the World
Tourism Organization, and the United
Nations Environmental Programme
embrace the Blue Flag program. Every
year Blue Flag beaches must reapply
to maintain the credibility of the Blue
Flag program.
2
THE 7 STEPS TO THE BLUE FLAG AWARD
1. CONTACT US – If you’re thinking about getting your
beach certified, contact Swim Drink Fish . Our job is to
help communities fly a Blue Flag. As part of a national
and international network of beach operators, we can
draw from the knowledge and experience of beach
operators around the world.
2. FEASIBILITY STUDY – Before you can apply for the
Blue Flag award, we will conduct a feasibility study of
your beach. In addition to reviewing water quality data
and other documentation, Swim Drink Fish staff will meet
with you to assess the beach and facilities. Following the
site visit, we will prepare a feasibility study report
outlining the steps required to meet all Blue Flag criteria.
This report will provide a helpful framework to guide your
initiatives.
3. CANDIDATE PHASE – If your municipality/ park agrees
to adopt the recommendations of the feasibility study and
proceed with Blue Flag certification, your beach will enter
the pilot phase and become a Blue Flag “candidate.” The
purpose of the pilot phase is to allow the time for your
municipality/park to implement the recommendations of
the feasibility study. It is recommended that a Blue Flag
“candidate” works to implement the feasibility study
recommendations over the summer season prior to the
following years’ Blue Flag application phase.
4. BLUE FLAG APPLICATION – Once the beach complies
with Blue Flag Canada’s criteria (listed in the following
section), Swim Drink Fish will invite you to apply during
the next application period. We will guide you through
this process. Application forms and supporting
documentation, including four years of water quality data,
are submitted to Swim Drink Fish each December (See
sample application form Appendix A).
5. NATIONAL BLUE FLAG JURY - The National Jury
reviews all the Canadian applications in February each
year and forwards successful applications to an
International Jury for final approval. Independent experts
in environmental education, water quality, environmental
management, safety and tourism take part in the National
and International Jury meetings. Swim Drink Fish helps
facilitate the jury review process, but does not vote on
Blue Flag awards.
6. INTERNATIONAL BLUE FLAG JURY – The International
Jury reviews all applications annually in April. Once the
jury announces its decision, Swim Drink Fish shares the
results with Canadian applicants. These results will be
kept confidential until the official public announcement
in May. This includes a national press release
announcing Canada’s Blue Flag awardees and
candidates.
7. BLUE FLAG SEASON BEGINS! – Once the beach is
officially open for swimming, the beach operator can raise
the Blue Flag! Many awarded beaches have flag-raising
celebrations. Swim Drink Fish will help promote these
events across its network. Blue Flag beaches are
surveyed by Swim Drink Fish throughout the season to
ensure they continue to meet all criteria. We promote all
of Canada’s Blue Flag on www.BlueFlag.ca and
www.greatlakes.guide. We also share updated water
quality on Swim Guide: www.theswimguide.org.
3
5 - CANADIAN JURY
The national jury reviews all
applications in February
2 - FEASIBILITY STUDY
Fill out a feasibility study
application
Blue Flag Canada performs an
audit of the beach and provides
a feasibility report
3 - CANDIDATE
PHASE
To apply beach
operators must
implement the
feasibility report
recommendations
4 - BLUE FLAG
APPLICATION
Applications are
submitted to Blue
Flag Canada in
December
DOES THE BEACH MEET THE
BLUE FLAG CRITERIA?
1 - CONTACT
SWIM DRINK FISH
7 - BLUE FLAG SEASON BEGINS
NO YES
YES
6 - INTERNATIONAL JURY
The international jury reviews
all applications in April
YES
YES
YES
The beach must fully comply with water
quality sampling and frequency requirements.
(pg. 7)
Blue Flag Criteria for Beaches
4
Environmental Education
and Information
1 -Information about the Blue Flag program must
be displayed. (pg. 5)
2 -At least five environmental education
initiatives must be offered and promoted to
beach users. (pg. 5)
3 -Information about recreational water quality
must be displayed. (pg. 6)
4 -Information about the local ecosystem must
be displayed. (pg. 6)
5 -A code of conduct that reflects appropriate
laws governing the use of the beach and
surrounding areas must be displayed. (pg. 7)
6 -
Water Quality
7 -The beach must fully comply with water
quality sampling and frequency requirements.
(pg. 7)
8 -The beach must fully comply with the
requirements for water quality analysis.
(pg. 8)
9 -No industrial, wastewater or sewage-related
discharges should affect the beach area.
(pg. 9)
10 -The beach must comply with the Blue Flag
microbiological standards for E.coli and
intestinal enterococci (streptococci). (pg. 9)
11 -The beach must comply with the Blue Flag
requirements for the following physical and
chemical parameters. (pg. 10)
Environmental
Management
The local authority/beach operator must
establish a beach management committee.
(pg. 12)
12 -
13 -The local authority/beach operator must
comply with all regulations affecting the
location and operation of the beach. (pg. 12)
14 -Sensitive areas must be managed
accordingly. (pg. 12)
15 -The beach must be clean. (pg. 13)
Seaweed or natural debris must be left on
the beach. (pg. 13)16 -
An adequate number of garbage bins must
be available at the beach. They must be
regularly maintained. (pg. 13)
17 -
Recycling bins must be available at the
beach. (pg. 14)18 -
The beach must have an adequate number
of toilet or restroom facilities. (pg. 14)19 -
The restroom facilities must be kept clean.
(pg. 14)20 -
The toilet or restroom facilities must have
controlled sewage disposal. (pg. 14)21 -
Camping, driving and dumping areprohibited on the beach. (pg. 14)22 -
Domestic animals must be prohibited from
the beach. (pg. 15)23 -
All buildings and beach equipment must be
appropriately maintained. (pg. 15)24 -
Marine and sensitive freshwater habitats in
the vicinity of the beach must be monitored.(pg. 15)
25 -
Safety and
Services
A sustainable means of transportation should
be promoted in the beach area. (pg. 15)26 -
Appropriate public safety control measures
must be implemented. (pg. 16)27 -
First aid equipment must be available on the
beach. (pg. 17)28 -
Emergency plans to cope with pollution risks
must be in place. (pg. 17)29 -
There must be the management of different
users and uses of the beach to prevent
conflicts and accidents. (pg. 17)
30 -
There must be safety measures in place to
protect users of the beach. (pg. 18)31 -
A supply of drinking water should be
available at the beach. (pg. 18)32 -
At least one Blue Flag beach in each
municipality must have water access and
facilities for the physically disabled. (pg. 18)
33 -
Criteria numbered in red are Imperative. Criteria numbered in blue are Guideline
Blue flag logo
Name of the beach
Information about the Blue Flag program
Contact information for the local,
national and international Blue Flag
representatives
Information about recreational water
qualityCode of conduct
Information about the local environment
Map of the beach indicating location of
facilities
Safety precautions
The period when the lifesaving
equipment, lifeguards, and first aid, are
availableExplanation of the four categories of the
Blue Flag criteria
Length of the bathing season at your
beach
Information about environmental
education activities
Blue Flag Information Board
Once awarded a Blue Flag, your beach must
have a Blue Flag information board put in
place by the beginning of the swimming
season. The information board tells visitors
about the Blue Flag program, what your
community is doing to meet the criteria, and
what your beach has to offer. It points out
where people can find key facilities and
services like washrooms and first aid, and
tells people who they can contact for any
questions or concerns. The information
board also has descriptions of the local
ecosystem, advertises upcoming
environmental education activities and poststhe latest water quality results.
You want your information board to be seen
and used, so it is a good idea to place it at a
point of entry or another high-traffic
location. For long beaches, there should be
an equivalent information board in place at
least every 500 metres. Blue Flag Canadahas a Blue Flag information board template
that can be adapted to incorporate local
information. This template saves Blue Flag
communities from designing an information
board from scratch, and ensures the
information board contains the following
necessary information:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Environmental
Education &
Information
The community must offer at least five
environmental education initiatives during
the Blue Flag season. Several of the
initiatives should be provided at the beach
and have a direct focus on the coastal andaquatic environment. The beach must
promote all five of the educational
initiatives. We suggest advertising the up-
coming activities on the beach Information
Board, on posters, at an information centre,
park offices, bulletin boards, whiteboards or
nearby restaurant and cafe boards. Swim
Drink Fish will check the status of theeducational initiatives during annual control
visits.
The applicant doesn't need to organize all
of the environmental education initiatives.
We encourage partnerships with local
organizations, such as "Friends of" groups,
environmental NGOs, conservation
authorities (for Ontario beaches), naturalist
clubs or other community groups.
Environmental education initiatives can also
include setting up a Blue Flag information
table at community events to raise
awareness about the program and relevant
environmental issues.
1 Information about the Blue Flag
program must be displayed.
Imperative
2 Environmental education
initiatives must be offered and
promoted to beach users.
Imperative
5
Environmentally Sensitive Areas (ESAs)Species at Risk (SAR)
Important Bird Areas (IBAs)
The community must offer at least fiveenvironmental education initiatives during
the Blue Flag season. Several of the
initiatives should be provided at the beach
and have a direct focus on the coastal and
aquatic environment. The beach must
promote all five of the educational
initiatives. We suggest advertising the up-
coming activities on the beach Information
Board, on posters, at an information centre,
park offices, bulletin boards, whiteboards or
nearby restaurant and cafe boards. Swim
Drink Fish will check the status of the
educational initiatives during annual control
visits.
Topics can include:
3 Information about recreational
water quality must be displayed.
Imperative
People often seek out Blue Flag beachesbecause they are associated with excellent
water quality. To protect the health of
beachgoers, the most recent water quality
results must be posted at your beach. As
soon as they are available, the E. coli levels
must be displayed in three places: at the
beach, on a city or health unit webpage, and
the individual beach page on Swim Guide(www.theswimguide.org). Swim Drink Fish
staff will assist with creating the Swim Guide
beach page(s).
The Blue Flag information board template
includes space for posting water quality
results.
Results can also be posted on a sandwich
board, whiteboard or bulletin board located
at lifeguard stations or other facilities.
The ideal format for displaying the E.coli
levels is a table or chart, along with an
explanation of how the results relate to the
Blue Flag criteria. Most importantly, the
results should be easy to find and displayed
in a way that is easy to understand.
A tip is to use red and green emoticons or a
red and green flag system to represent
water quality advisories. Swim Drink Fish
staff can provide further guidance on this, if
needed.
4 Information about the local
ecosystem must be displayed.
Imperative
Passive participation: Exhibits, films,
presentations, slide shows, conferences,
debates, etc.
Active participation: Guided tours,
educational games, beach cleanup days,
photography or art contests, "adopt a
beach" projects, eco-scavenger hunts,
environmental monitoring programs, etc.
Training activities: Training sessions for
teachers, municipal staff, lifeguards,
cleaners, summer students, etc.
Publishing and media: The production of
leaflets, brochures, stickers, t-shirts,
bags, interpretive signage, school and
municipal newsletters, books, posters,
radio broadcasts, etc.
Blue Flag Environmental Information
Centre: Blue Flag beaches are
encouraged to have an Environmental
Education Centre that can provide
specific information about Blue Flag and
environmental issues. A popular meeting
area can be used as an information
centre, so long as it offers activities and
exhibitions and provides environmental
information. The centre should be open
to and have information for the general
public, not just school children.
Environmental education initiatives can take
many forms; we have divided them into the
following categories:
1.
2.
3.
4.
5.
6
Sustainable beach tourism is only possible if
beachgoers respect the environment. A
code of conduct encourages safe and
environmentally responsible behaviours andensures that visitors understand the local
rules and by-laws.
The code of conduct must include rules
about the presence of domestic animals,
zoning (when appropriate), fishing, litter
management, the use of vehicles, camping,
fires, etc.
The code of conduct must be displayed on
the Blue Flag information board. It should
also be posted at other locations such as
entry points and areas of concern.
Laws governing beach usage and
management should be available to thepublic at the office of the local
authority/beach operator.
5 A map of the beach indicating
different facilities must be
displayed.
Imperative
You are here” pointers
Lifeguards or lifesaving equipmentThe area patrolled (for beaches with
lifeguards)
First aid equipment
TelephonesToilets (including accessible
toilets)
Drinking water
Car and bicycle parking areas
Authorized camping sites near the beachRecycling facilities
Location of water sampling point(s)
Access points and access for persons
with disabilities
Zoning (swimming, surfing, sailing,
boating, etc.)
Nearby public transport
FootpathsBlue Flag boundaries
Location of other information boards
Rivers and inflows
Local landmarks (where applicable)
Stormwater outlets
Nearby natural sensitive areas, etc.
Compass rose
Scale bar
A map of the beach area is required so that
visitors can see the boundaries of the Blue
Flag zone and locate facilities and services.
The Blue Flag information board template
includes a space for a map of the beach, so
it is important to refer to the template before
designing the map to ensure that the
dimensions are correct.
The map should be easy to read and
orientated to the beach with a "you are
here" pointer. Blue Flag provides the
standard symbols and pictograms for use onthe map. Standard symbols and pictograms
are internationally recognized and
understood in different languages. They
should be used wherever possible. The map
must include:
6 A code of conduct that reflects
appropriate laws governing the
use of the beach and surrounding
areas must be displayed.
Imperative
Unique features like coastal dunes
The function of riparian (shoreline)
habitat
Wetlands and their role in watersheds
Local fish populations
If your beach provides habitat for species at
risk, you will need to include a management
plan and relevant permits with your Blue Flag
application.
7
Water Quality
Water and ambient air temperature
Water pH
Rainfall within 24 and 48 hours
Rain intensity
whereas saltwater beaches will require five
single samples of E. coli. In most cases, public
health personnel can take an extra sampleduring regular monitoring; alternatively
municipal or park staff may be trained to take
samples properly. The additional samples must
be sent to an independent laboratory for
analysis. It is the responsibility of the applicant
to ensure that all of the necessary samples are
taken and analyzed.
If sample results exceed provincial or federal
standards, re-sampling should take place as
soon as possible to ensure that water
conditions have returned to normal and the
beach is safe for swimming. Waiting too long
only prolongs the time that the beach is
posted, discouraging the public from visiting
the beach. This can negate your efforts topromote your beach to the community and
tourists.
Blue Flag Canada recommends public
transparency about all water quality testing
results.
Blue Flag International uses the 95thpercentile calculation method to assess
whether the beach meets the international
criteria. The 95th percentile calculation
obtains the average amount of pollution. For
water quality sampling results, the value
shows the results that are less than or equal to
the limit values 95% of the time. The standards
refer to values that would be exceeded lessthan 5% of the time.
During the Blue Flag application phase Swim
Drink Fish provides all applicants a formatted
excel sheet where water quality data is
entered. The results are automatically
calculated in the excel sheet, indicating if the
water quality results meet Blue FlagInternational water quality guidelines.
In the event that sample results exceed the
guidelines, a sample may be excluded from
the 95th percentile spreadsheet. If it is
necessary to replace a discarded sample, an
additional sample must be taken seven days
after the end of the short-term pollution. A
maximum of 15 percent of samples in a season
may be discounted.
In addition to sampling for microbiological,
physical–chemical parameters must be taken.
This includes:
7 The beach must fully comply
with the water quality sampling
and frequency requirements.
Imperative
Because the Blue Flag program isinternational, it is important that all beaches
in the program meet the same global
standards. The international water quality
criteria are based on the European Union’s
Bathing Water Directive.
The international Blue Flag criteria are
considered a minimum requirement, and anycountry may strengthen or add criteria which
uphold national or regional guidelines. Blue
Flag Canada has therefore built in
requirements based Guidelines for Canadian
Recreational Water Quality (2012). Blue Flag
beaches in Ontario must adhere to the
Ontario Beach Management Protocol (2018).
Blue Flag beaches in Alberta must adhere tothe Safe Beach Protocol, 2019.
Blue Flag Canada Requirements
Canada’s freshwater beaches are routinely
sampled for E. coli and saltwater beaches
are sampled for intestinal enterococci.
Beaches must have multiple sample sites
representing the majority of the bathingarea. Beaches longer than 1,000 metres
must have one sample site every 200
metres. Samples should be taken from fixed
locations, including where the concentration
of bathers is highest. Samples are taken 15
to 30 centimeters below the water surface
cm below the water surface and must be
taken on a weekly basis at minimum, on thesame day of the week. They should be taken
at regular times, ideally when bacterial
levels are typically highest.
International Blue Flag Requirements
All Blue Flag beaches must be tested for
both E. coli and intestinal enterococci at
least five times per season. Samples should
be spread evenly throughout the bathingseason, with no more than 30 days between
sample dates. One preseason sample of
each indicator must be taken up to 30 days
before regular water quality monitoring
begins.Because most Canadian beaches are
sampled regularly, additional testing is
usually only required for the second
indicator; freshwater beaches will requirefive single samples of intestinal enterococci,
8
The collection, treatment and discharge of
wastewater in the community must meet
Canada’s Wastewater Systems Effluent
Regulations, established under the Fisheries
Act. For more information on these
regulations visit: Wastewater SystemsEffluent Regulations: reporting.
There should not be any discharge of
industrial pollution, urban wastewater or
sewage into the Blue Flag swimming zone or
surrounding area.
If there are discharge points in the vicinity of
the beach, these must be documented at the
time of application. Any such discharges
must not negatively affect the environment
or compromise the water quality.
8 The beach must fully comply
with the requirements for water
quality analysis.
Imperative
Weather conditions (e.g. cloudy, sunny)
Wind speed and directionWater clarity/turbidity
Wave height
Pollution sources, such as waterfowl,
industrial waste discharges, storm
water outflows, septic system
discharges, algal blooms and
agricultural run-off
Other environmental factors that maybe locally significant
In case of an oil spill, algal bloom,
abnormal weather or other extreme factors
which can have a serious adverse effect on
water quality, the beach manager must
temporarily take down the flag and clearly
state the reason on the information board.
It is recommended that the wording of this
information is along the lines: “This beach
has recently experienced abnormal
weather. Swimming is not recommended at
this time due to the possibility of pollution.”
A Blue Flag application must include data
for at least 20 samples (each) of E.coli and
intestinal enterococci, taken on separatedates. These samples can be spread over
four years or taken within one bathing
season, as long as there are at least five
samples of each indicator per season. Four
years of water sampling data including E.
coli single samples and calculated
geometric means, Intestinal Enterococcus
samples, and other chemical-physical watertests. The data must accompany the
application in an excel or csv format, or
machine readable formatting (Appendix X:
open data standard and HTML format).
It is necessary to establish a sampling
calendar and make it available to Blue Flag
Before the bathing season. This will ensurethat you collect the necessary number of
samples, including a pre-season sample.
Sampling should take place no later than
four days after the date specified in the
sampling calendar.
An independent laboratory must carry out
the analysis of the bathing water samples.
The laboratory must be nationally or
internationally accredited to carry out
microbiological and physical-chemical
analyses.
9 Industrial, waste-water or
sewage-related discharges must
not affect the beach area
Imperative
Once your water quality results are available,
upload them to the Swim Guide website
(www.theswimguide.org). Swim Drink Fish
staff will set up an account for you and
provide instructions for updating the website.
9
Bathing Water Profile (also known as an
Environmental Health and Safety Survey)
All Blue Flag applicants must submit a bathing
water profile during the application process. In
Canada, a bathing water profile is known as an
Environmental Health and Safety Survey (EHSS)
described in the Guidelines for Canadian
Recreational Water Quality. To meet this BlueFlag criteria the applicant must provide the EHSS
for the beach.
An EHSS reports on potential sources of
pollution, provides a description of the physical,
geographical and hydrological characteristics of
the bathing water, as well as conducts an
assessment of the potential for cyanobacteriaand algae formation. An EHSS is typically
completed by the regional or city Public Health
Unit during the preseason assessment period.
Canadian Blue Flag Requirements
In Canada, freshwater beaches are sampled for E.coli and saltwater beaches are sampled for
intestinal enterococci. Sample data is analyzed using a geometric mean of multiple sample sites.
This is the number which is reported to the public, and beaches are typically “posted” if the
geometric mean exceeds the provincial or federal limit value. In order to qualify for a Blue Flag,
at least 80 percent of your geometric mean results must fall below the limit value. For instance,if you are at a beach in Ontario, 80 percent of your geometric mean results must be less than
200 cfu/100 mL.
International Blue Flag Requirements
To meet the international criteria, raw data from both indicators is analyzed using the 95th
percentile methodology. A 95th percentile spreadsheet will be provided along with your annual
Blue Flag application form. You will simply be required to enter the raw data for at least 20
samples of each indicator, and the spreadsheet will automatically calculate whether the beach
complies with Blue Flag International water quality standards
“An EHSS provides the
foundation or "blueprint" for
designing and implementing an
effective risk management plan
for recreational waters. It is a
comprehensive search for, and
assessment of, existing and
potential water quality hazards
(biological, chemical and
physical) and their associated
risks to the health and safety of
the public at designated beach
areas.” Page 12 of the Guidelines
for Canadian Recreational Water
Quality – Third Edition
10 The beach must comply with the Blue Flag requirements for the
microbiological parameter Escherichia coli (E.coli) and intestinal
enterococci (streptococci)
Imperative
10
Water Quality Criteria for Marine Beaches
Indicator Blue Flag
International
Standards
Guidelines for
Canadian Recreational
Water Quality, 2012
Escherichia
coli (Faecal
Colibacteria)
Single sample
concentration (minimum
of one sample):
< 250 E. coli / 100 mL
Single sample
concentration (minimum
of one sample):
< 100 E. enterococci /
100 mL
Intestinal
Enterococci
(streptococci)
E. coli is considered acceptable
for marine waters if there are
studies to back up testing for this
indicator (Section 4.1.1 page 34)
Geometric mean concentration
(minimum of five samples):
≤ 35 enterococci / 100 mLSingle-sample maximum
concentration:
≤ 70 enterococci / 100 mL
British Columbia
Geometric mean concentration
(minimum of five samples):
≤ 35 enterococci / 100 mL
Single-sample maximum concentration:
≤ 70 enterococci / 100 mL
Geometric mean concentration
(minimum of five samples):
≤ 200 E. coli / 100 mL
Single-sample maximum concentration:
≤ 400 E. coli / 100 mL
The water must be free of odours and oily films.
There must not be any floatables such as tarry
residues, wood, plastic articles, bottles,
containers, glass or any other substance.
Water quality can also be affected by physical and
chemical parameters such as oil and floatables.
Bathing water must meet the followingrequirements:
Immediate action should be taken if abnormalchanges are detected. This includes changes in
the colour, transparency and turbidity of the water.
Should physical or chemical pollution (or algal
blooms) be detected repeatedly, the Blue Flag
must be taken down for the remainder of the
season
11 The beach must comply with the Blue
Flag requirements for the following
physical and chemical parameters.
Imperative
Water Quality Criteria for Freshwater Beaches
Indicator
Blue Flag
International
Standards
Guidelines for
Canadian
Recreational
Water Quality,
2012
Escherichia
coli (Faecal
Colibacteria)
Single sample
concentration
(minimum of one
sample):
< 500 E. coli /
100 mL
Single sample
concentration
(minimum of one
sample):
< 100 E.
enterococci
/ 100 mL
Intestinal
Enterococci
(streptococci)
N/A
Geometric mean
concentration (minimum of
five samples):
≤ 200 E. coli / 100 mL
Single-sample maximum
concentration:
≤ 400 E. coli / 100 mL
Geometric mean
concentration (minimum of
five samples):
≤ 200 E. coli / 100 mL
Single-sample maximum
concentration:
≤ 400 E. coli / 100 mL
Ontario
Operational
Approaches for
Recreational Water
Guideline, 2018
Alberta Safe
Beach Protocol,
2019
N/A N/A
Rolling geometric mean
concentration:
< 300 cce/100mL
Single statistical threshold
value
< 1280 cce / 100mL
or;
> 1280 cce and < 6400
cce / 100 mL & no
evidence of human or
ruminant Bacteroides
species
N/A N/A
20µg/L or less
expressed as microcystin-
LR
Total number of cells:
100,000 cells/mL or less
Cyano-
bacteria
20µg/L or less
expressed as microcystin-
LR
Total number of cells:
100,000 cells/mL or less
11
Environmental
Management
12 The local authority/beach
operator must establish a beach
management committee.
Imperative
Blue Flag is a multi-disciplinary program,promoting cooperation between various
agencies and stakeholders. Collaboration is
important during the application process, as
input is required from various departments
to complete the application form properly
and provide the necessary documentation.
The committee should also include
representatives of community groups,clubs, nonprofits and conservation
authorities.
The beach management committee helps
ensure all stakeholders and agencies
continue working together throughout the
years to maintain the Blue Flag
environmental management criteria. Thisincludes management of Coastal and
Marine Protected Area requirements, if
appropriate.
The committee should meet at least twice a
year to discuss the management of the
beach and ensure that all criteria are being
met. Committee members may also take ahands-on approach, such as providing
support to the beach manager, facilitating
environmental education activities and
promoting the program. If there are multiple
Blue Flag beaches within a community, only
one committee is needed to oversee all of
the sites.
13 The local authority/beach
operator must comply with all
regulations affecting the location
and operation of the beach.
Imperative
As a standard of excellence, Blue Flag
requires that applicants manage the beachand facilities in compliance with provincial
and national legislation.
This includes building codes, land use
planning, environmental assessments,
wastewater treatment, environmental
management, accessibility and endangered
species legislation.
14 Sensitive areas must be
managed accordingly.
Imperative
Some sites at or near a Blue Flag beach may
be very sensitive and require special
management. In these cases, the beach
operator must consult with an appropriate
conservation organization or expert for
advice on how to manage these sites. Where
areas require special management, at the
time of application, the applicant must
provide confirmation that this consultationhas taken place and that a management plan
will be implemented.
However, the sensitivity of certain areas may
prevent them from being part of a Blue Flag
beach or from having information posted at
the beach directing people to the area. An
increased number of visitors could endangerwildlife and/or habitats, e.g. using land
space for the construction of facilities,
parking, paths, etc. As a general rule, Blue
Flag accreditation is only given to sites that
can demonstrate management of visitors
and recreational use that prevents long term
irreversible damage to the local natural
environment.
If a Blue Flag beach is in or near a Marine
Protected Area, it is necessary to consult
with the MPA management in order to
ensure compatible ecosystem conservation
and biodiversity goals.
12
15 The beach must be clean.
Imperative
When people visit a Blue Flag beach, they
expect it to be clean—so it is critical that
your beach lives up to that standard.
Depending on the size of your beach and
the resources at your disposal, you may
clean your beach by hand or use a
mechanical groomer. Where possible, hand-
picking is preferable because it has theleast impact on the natural ecosystem.
Large beaches however, can be difficult
and time-consuming to groom by hand.
Regardless of the method you use, it is
imperative that beach grooming does not
interfere with nesting species such as
turtles, frogs and shorebirds. Some specieslike the endangered fowler’s toad
(Anaxyrus fowleri) burrow under the sand,
and can be harmed by mechanical
grooming. If the beach is habitat for species
at risk, a management plan must be in place
which includes the timing and method of
beach grooming. This plan must be
approved by the appropriate authorities.
To determine the cleanliness level of the
beach, it is recommended that a Beach
Litter Measuring system, or similar system,
be used. (See Appendix X for further
details).
16 Seaweed or natural debris
should be left on the beach.
Imperative
Only man-made litter should be removed
from the beach. In fact, natural debris can
play a pivotal role in the beach’s
ecosystem. For example: when seaweed
washes ashore, it helps sand collect to
build dunes, releases nutrients and
provides foraging habitat for shorebirds
and other wildlife. Vegetation and natural
debris should therefore be left on the
beach. The strand line should be hand-
picked however, to remove litter that may
wind up in it.
Vegetation may only be removed if it
accumulates to the point where it is a
hazard or creates a foul odour. It can bemoved to a designated area of the beach
where it may continue to provide habitat.
Seaweed can also be dried and used later
as fertilizer or dune stabilizer. If these
options aren’t possible, it should be
composted.
17 Garbage bins must be available
at the beach in adequate numbers
and they must be regularly
maintained.
Imperative
Bin capacity
Environmentally friendly products
Type and source of litter
Volume of pedestrian traffic
Frequency of service
Local environment (e.g. winds, high
tides)
Scavenging by wildlife and birds
Accessibility (e.g. height, surface)
Garbage bins should be of a suitable design
and appearance as well as functionality. If
possible, bins should be made of
environmentally friendly products likerecycled plastics or wood. It is best to use
bins with covers, otherwise they can attract
wildlife and birds.
There must be enough bins to service the
whole beach and they should all be regularly
maintained, well secured, and spaced
appropriately. During the peak touristseason, the spacing between bins and the
frequency at which they are emptied should
be increased as necessary.
In summary, when choosing and locating
bins, the following factors should be
considered:
13
18 Recycling bins must be
available at the beach.
Imperative
In order to encourage people to recycle, it
has to be convenient—so it is important that
there are enough recycling bins to service
the entire beach, and that they are easy tofind. Provide separate containers for the
types of waste that are recycled in your
municipality, such as paper, plastic, glass
and cans. These bins should be well
labeled and designed to encourage people
to put materials in the appropriate
containers. If your local recycling facility
does not require source separation, thisinformation should be communicated on
signage.
19 An adequate number of toilet
or restroom facilities must be
provided.
Imperative
There must be enough restrooms to service
the average number of visitors during the
peak season. Also take into account the
length of the beach and the location of
major access points. Restrooms must be
easy to locate through signage, including
the map on the Blue Flag information board.Restrooms must be equipped with sinks,
soap and clean towels (paper or cloth) or a
hand-dryer. If there is not running water,
hand sanitizer must be provided. If
possible, provide showers, change rooms
and diaper changing stations.
20 The restroom facilities must be
kept clean.
Imperative
No matter how beautiful your beach is, filthy
washrooms will leave people with a bad
impression. It is important that your
restrooms are checked and cleaned as often
as necessary depending on the number of
visitors on a given day.
Eco-friendly, non-toxic cleaning products
and soaps should be used to protect both
the environment and the health of staff and
visitors. If paper towels are used, they
should be made of post-consumer recycled
paper.
For smaller beaches, it may be possible to
use the restrooms in nearby shops,
restaurants, cafés or other establishments
so long as you have permission from the
owner and have signage clearly indicating
where they are located. Access to therestrooms must be safe and accessible for
wheelchairs.
21 The toilet or restroom facilities
must have controlled sewage
disposal.
Imperative
In communities with sewage treatment
facilities, the toilets must be connected to
the municipal sewer to ensure that sewage
is treated properly.
If your washrooms are connected to a septic
system, it is important that the system is well
maintained and does not leak into the
groundwater.
22 Camping, driving and dumping
are prohibited on the beach.
Imperative
To protect the beach ecosystem and keep itclean, ensure that camping, driving and
dumping are prohibited. There must be
adequate signage to inform the public about
these restrictions, including information
about relevant by-laws.
Only emergency and work vehicles are
permitted on a Blue Flag beach. If there areissues with unauthorized vehicles entering
the beach, barriers should be put in place to
prevent their access. In the case of special
events that require the use of vehicles on
the beach, a management plan must be
developed which prevents damage to the
ecosystem, as well as risks to beach users.
14
23 Domestic animals must be
prohibited from the beach.
Imperative
With the exception of guide dogs for the
visually impaired, pets are not allowed on
Blue Flag beaches. They are permitted in
parking areas, parks and paths adjacent
to the beach, but not on the beach itself.
Animals in these areas must be kept on aleash and picked up after..
24 All buildings and beach
equipment must be properly
maintained.
Imperative
The facilities at your beach must reflect a
standard of excellence. Make sure that
buildings and equipment are clean, safe
and well maintained.
Facilities should be maintained with the
smallest environmental footprint possible.
This includes using eco-friendly products
like low VOC paints and non-toxic cleaning
products. Look for ways to conserve water
by using low flow or composting toilets and
motion sensor taps. You can also conserveenergy by using LED light bulbs.
When designing new structures, ensure that
the necessary permits are acquired.
Construction should occur outside the Blue
Flag season, and it is important that it
doesn’t disrupt sensitive ecosystems. If
construction is necessary during thebathing season, it must be done without
disrupting visitors or interfering with the
ability of the beach to meet the Blue Flag
criteria.
26 A sustainable means of
transportation should be promoted
in the beach area.
Guideline
Provide and encourage public
transportation like trains, buses and
streetcarsOffer shuttle buses to and from the
beach
Provide cycling and pedestrian trails to
the beach
Provide cycling infrastructure like trails,
bike racks and bike rentals or loans
Ensure that there are adequate
sidewalks to encourage walking
Transportation can have a big impact on the
environment, from affecting local air quality
to increasing greenhouse gas emissions. A
truly sustainable beach should be accessibleby cycling, walking or public transit.
There are several ways that you can
encourage sustainable transportation:
25 Marine and freshwater
sensitive habitats in the vicinity of
the beach must be monitored.
Imperative
If there is a sensitive habitat (such as coralreef or seagrass beds) located within 500
metres from any part of a Blue Flag beach, a
monitoring program must be established to
monitor the health of the habitat at least
once a season.
An expert organization or relevant authority
must be consulted regarding the monitoringand management of this sensitive area.
If there is significant
demand from dog
owners, and the beach
is large enough, we
recommend creating a
dog-friendly zone
which is outside of the
Blue Flag boundaries.
The zones must be
physically separated,
and there must be
adequate signage.
Signage should also ask people to pick
up after their pets, and it is a good idea
to provide baggies and waste bins to
encourage responsible behaviour
15
Imperative
Every beach has different physical
characteristics and risks. To make your
beach as safe as possible, the first step is tohave an aquatic safety audit done. Contact
the Lifesaving Society
(www.lifesavingsociety.com), a registered
charity dedicated to drowning prevention. A
representative can evaluate your beach,
taking into account factors like the size of
the beach, the number of visitors and the
risks present. The audit will listrecommendations on the safety measures
that should be taken and will clarify whether
you need lifesaving equipment or lifeguards.
To be awarded a Blue Flag, you will be
required to follow the recommendations of
the audit.
Beaches with Lifesaving Equipment Only
Lifesaving equipment consists of a reaching
pole, ring buoy and rope mounted on a stand
that is clearly identified as a lifesaving
station. Equipment should be accompanied
with instructions on how to use and what to
do in the event of a rescue.
Lifesaving stations must be located every 100
metres and positioned so they can be
reached from any point on the beach.
Because theft or vandalism of equipment can
happen, it is important to install signage that
warns of the consequences of tampering with
equipment.
Equipment should be inspected regularly and
replaced when necessary. It is a good idea to
have an inspection schedule, at least once
per week.
It is not necessary to leave lifesaving
equipment out 24 hours per day, as long as
signage indicates the times when it is
available. If theft is a concern, equipment
may be taken into storage at night, so long
as it is put back in place during regular
hours.
In addition to life saving stations, an
emergency phone must be located within
close proximity to the beach.
Beaches with Lifeguards
Where lifeguards are required, there must be
at least two on duty at all times. Lifeguard
stations should be spaced 200 metres apart
or less, depending on visibility and numbers
of people. It may be necessary to increasethe number of lifeguards during peak usage,
for example on weekends and holidays.
Lifeguards must have their up-to-date
National Lifesaving Society (NLS)
certification.
Lifeguards must also be easily recognizable,wearing a standard uniform. Each lifeguard
station must be equipped with first aid and
lifesaving equipment according to
regulations.
The lifeguarded area should be clearly
marked out, either with buoys or flags. If
flags are used, the system should be clearlyexplained in a way that can be understood
universally. The lifeguarded area must be
defined on the map of the beach, with
information about when lifeguards are on
duty.
NOTE: The provision of lifesaving personnel/
equipment at a beach should be seen asonly one element of an overall strategy that
includes information and education aimed at
preventing accidents from happening in the
first place.
Safety and
Services
27 Appropriate public safety
control measures must be
implemented.
16
Imperative
A lifeguard on siteAn attended first aid station with
trained personnel
Equipment located in a shop or other
beach facilities at the beach
First aid kit on the beach
Cold and hot water
First aid bed
Oxygen cylinder and mask
Immobilizing trauma board
First aid may be available by means of any
or all of the following:
1.2.
3.
4.
It is strongly recommended that busy
beaches and family beaches have first aidstations with staff in attendance. First aid
personnel must have appropriate
qualifications. Unattended first aid stations
should have standard supplies, including
bandages, gloves, disinfectant, plasters,
etc.
Attended first aid stations should also have:
First aid stations should be clearly posted
so that they are easy to locate by visitors.Their location and times of availability
should also be included on the Blue Flag
information board.
28 First aid equipment must be
available on the beach.
29 Emergency plans to cope with
pollution risks must be in place.
Imperative
List of people to contact and their
responsibilities
Evacuation procedure if necessary
Communications procedure to warn the
public
Communication to Blue Flag Canada andwithdrawal of Blue Flag
Preparedness can make all the difference
during an emergency or a natural disaster. An
emergency in this context would be defined
as an event which has a large scale impact onthe beach or bathing water. Your emergency
plan therefore has to take into account
temporary pollution risks such as oil spills,
toxic waste spills, toxic algal blooms and
sewage discharge due to flooding and
extreme weather.
An emergency preparedness plan will provideelected officials, personnel and emergency
response agencies with guidelines on how to
respond during an emergency or natural
disaster and who is responsible for what. This
will help ensure that the situation is dealt with
efficiently.
The emergency plan should include thefollowing:
1.
2.
3.
4.
The public must be informed immediately of
any pollution incidents that make the water
unsafe for swimming. Information should be
posted at the beach, at all access points, and
by way of media releases and on the
municipal website.
The beach should be closed and the Blue
Flag taken down until the incident has
passed.
30 There must be management of
different users and uses of the
beach so as to prevent conflicts
and accidents.
Imperative
Blue Flag encourages healthy outdoor
activities—sports like paddleboarding,
kiteboarding, surfing and kayaking get people
outside connecting with nature. If your beachdoes support multiple uses, it is important for
these activities to be zoned in order to
prevent accidents. A designated swimming
area must be marked with standardized
swimming buoys. Recreational zones must be
shown on the map of the beach.
17
Motor craft should operate at least 100-200
metres away from the swimming area.
Furthermore, patrons who operate powered
craft should be provided with guidelines for
the use of their craft and the location of
different zones.
If the beach is guarded, lifeguards must
enforce the zoning of the different
recreational areas in the water. Different
activities on the beach must also be clearly
marked and zoned.
Consideration should also be given to
potential noise impacts from some activities
(motorized activities, stereos and kites). If
special events are to be held on the beach
then these should be located outside of the
main swimming areas or after swimming
hours.
Sensitive habitat must be protected from
human traffic. If an event prevents the beach
from upholding the Blue Flag criteria, the
flag must be withdrawn for the duration of
the event.
When such an event takes place, users of
the beach should be notified through public
warnings at the beach and preferably in the
local media prior to the event.
31 There must be safety measures
in place to protect users of the
beach.
Imperative
Access to the beach must be safe. Beaches
that are physically challenging must have
facilities for safe access, e.g. secured steps
with handrails. Similarly, there should be
designated pedestrian crossings on busyroads in the vicinity of the beach.
Beach promenades and steps onto the
beach must be complete and in good
condition. The parking lot should be well
maintained. Wheelchair accessible parking
must be available and clearly marked. Other
access paths must also be safe, withregulations for cars and bicycles. Bicycle
paths should be encouraged whenever
relevant.
Where promenade edges are higher than 2
metres above the beach, warning signs
and/or a barrier must be in place to prevent
accidents. This is especially important wherethe beach surface is rocky.
32 A supply of drinking water should
be available at the beach.
Imperative
The public must have access to Blue Flag
beaches without being a client of a certain
hotel or beach club. Access to the beach
should preferably be free, although at some
beaches public access is provided through
charging a small and reasonable fee.
Guideline
There should be a safe, potable water source
at the beach. Not only is this important for
public health, but it will prevent the number ofwater bottles that people buy and discard.
33 At least one Blue Flag beach in
each municipality must have access
and facilities provided for people
with disabilities.
Accessibility is an important feature of a Blue
Flag beach, so it is important that your beach
has accessible parking, pathways and facilities.
Wheelchairs should at least be able to get to
the beach, but access to the water is
encouraged. This can be facilitated by ramps,
wheelchair mats, and other accessible
pathways. It is recommended that the rampdesign and material fit the natural environment
and wherever possible, environmentally
friendly materials should be used.
The beach and facilities must comply with
provincial and national regulations regarding
access and facilities for people with
disabilities. In addition, parking areas shouldhave reserved spaces for accessible parking.
18
18
Appendix A: Sample Application Form
Define an area of 100 m2 (10 m x 10 m) for your bulky litter count and take a photo
(Choose the dirtiest 100 m2 that you can find on the beach).
Count the units of bulky litter (>10 cm) within the area.
Take a picture of the area (to keep as proof),
Determine the cleanliness level with help of the beach litter indicator (see below)
Define an area of 1 m2 for your fine litter count and take a photo (choose the dirtiest
area within the 1 m2)
Count units of fine litter (<10 cm) within the area
Take a picture of the area (to keep as proof)
Determine the cleanliness level with help of the beach litter indicator (see below)
In order to determine the cleanliness on the beach, the Beach Litter Measuring System
could be used by the beach manager or the National Operator when conducting beach
monitoring visits.
The system differentiates between bulky litter (>10 cm) and fine litter (<10 cm). It takes a
closer look at the amount of litter in defined representative areas on the beach.
According to the amount of litter, beaches are classified into different cleanliness levels
(A+ to D). The method combines taking pictures and making counts.
At a Blue Flag Beach, the cleanliness level should be A+ or A.
Step by step guidance on how to define your beach’s cleanliness level:
Bulky Litter
1.
2.
3.
4.
Fine Litter
1.
2.
3.
4.
Appendix B: Beach Litter Measuring System – a
method of mapping the status of litter on a beach
[Criterion 15]
23
B Moderately Clean
> 25
Beach Litter Indicator
Number of litter units per area
0 A+ Very Clean
A Clean1 - 3
4 - 10
11 - 25 C Dirty
D Very Dirty
Cleanliness level
Keep a record of your measurements (date, time, location, circumstances, weather
conditions, cleanliness level(s) for bulky litter, cleanliness level(s) for fine litter, other
comments).
Repeat these steps at different locations along the beach if possible.
Repeat the measurement at different times during a season and different times of the
day if possible.
General
1.
2.
3.
It is important to keep in mind that starting to use this system might require more time in
the beginning.
Once you get some exercise or training, it will be a quick, easy and helpful tool. For a
more detailed version of the beach litter indicator or a description of the system, please
visit the Blue Flag website or contact the Blue Flag International Head Office.
1 The Beach Litter Measuring System was developed by the Keep Holland Tidy Foundation and the Royal
Dutch Touring Club.
23
When the Blue Flag is raised at a beach or marina, it is a
celebration of a community’s commitment to meet the strict
Blue Flag standards, protecting our coastal ecosystems and
helping foster a culture of environmental stewardship. When
tourists and residents see a Blue Flag, they know a beach or
marina is meeting the same high standards as any other
Blue Flag beach or marina around the world.
F O R M O R E I N F O R M A T I O N
A B O U T T H E B L U E F L A G
P R O G R A M A N D H O W T O
A P P L Y F O R T H E A W A R D :
WEBSITE: BLUEFLAG.CA
EMAIL: INFO@BLUEFLAG.CA
PHONE: 416-861-1237
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act
and the rules for the Ontario Court of Justice that the amount set opposite
each of the offences in the schedule of offences under the Provincial
Statutes and Regulations thereunder and Municipal By-law No. 2017-125,
of the Municipality of Bayham, attached hereto are the set fines for those
offences. This Order is to take effect March 13, 2018.
Dated at London this 13 th day of March, 2018.
Stephen J. Fuerth
Regional Senior Justice
West Region
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
1. Park or Recreational Area – drive vehicle other
than on designated roadway s. 2.1.1 $105.00
2. Park or Recreational Area – drive vehicle on any
area not a roadway s. 2.1.1 $105.00
3. Park or Recreational Area – ride in vehicle driven
on any area not a roadway s. 2.1.1 $105.00
4. Park or Recreational Area – care and or control of
vehicle driven on any area not a roadway s. 2.1.1 $105.00
5. Park or Recreational Area – drive vehicle on area
closed to vehicular traffic s. 2.1.1 $105.00
6. Park or Recreational Area – ride in vehicle driven on
area closed to vehicular traffic s. 2.1.1 $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
7. Park or Recreational Area – care or control of
vehicular traffic s. 2.1.1 $105.00
8. Park or Recreational Area – use motorized snow
vehicle s. 2.1.2 $105.00
9. Park or Recreational Area – use all-terrain vehicle s. 2.1.2 $105.00
10. Park or Recreational Area – engage in riotous,
boisterous, violent, threatening, lewd or illegal conduct s. 2.1.3 $125.00
11. Park or Recreational Area – use profane or abusive
language s. 2.1.3 $125.00
12. Park or Recreational Area – remain after being
requested to vacate s. 2.1.4 $105.00
13. Park or Recreational Area – plant tree s. 2.1.5A $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
14. Park or Recreational Area – remove, cut down,
or injure any tree s. 2.1.5A $105.00
15. Park or Recreational Area – remove, cut down,
or injure any tree in connecting ravine or on
related boulevard s. 2.1.5A $105.00
16. Park or Recreational Area – consume liquor without
prior approvals s. 2.1.5B $105.00
17. Park or Recreational Area – serve liquor without
prior approvals s. 2.1.5B $105.00
18. Park or Recreational Area – sell liquor without
prior approvals s. 2.1.5B $105.00
19. Park or Recreational Area – possess liquor without
prior approvals s. 2.1.5B $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
20. Park or Recreational Area – enter between
11:00 p.m. and 5:00 a.m. s. 2.1.6 $105.00
21. Park or Recreational Area – remain between
11:00 p.m. and 5:00 a.m. without authorization s. 2.1.6 $105.00
22. Park or Recreational Area – damage tree s. 2.1.7 $105.00
23. Park or Recreational Area – pick, destroy or remove
any flower, plant, roots, sod or rock s. 2.1.7 $105.00
24. Park or Recreational Area – damage any monument,
display, cage, pen, gate, seat, bench, picnic table,
fences, posted sign, lock, barrier, equipment or other
municipal property s. 2.1.8 $105.00
25. Park or Recreational Area – willfully damage gates,
locks, bolts or fences or seats, benches, equipment, or
other municipal property s. 2.1.9 $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
26. Park or Recreational Area – attach or fasten wire,
rope, chain, cable or device to tree s. 2.1.11 $105.00
27. Park or Recreational Area – permit animal to damage
tree, shrubs, bush, flower, plant or roots s. 2.1.12 $105.00
28. Park or Recreational Area – permit dog to defecate
without removing feces s. 2.1.13 $105.00
29. Park or Recreational Area – fail to deposit refuse in
containers s. 2.1.14 $105.00
30. Park or Recreational Area – fail to remove refuse where
containers not provided s. 2.1.14 $105.00
31. Park or Recreational Area – post sign or poster s. 2.1.15 $105.00
32. Park or Recreational Area – carry, use, or discharge
weapon s. 2.1.16 $200.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
33. Park or Recreational Area – Municipal Beach or
Pier – remove life saving equipment s. 2.1.17 $200.00
34. Park or Recreational Area – Municipal Beach or
Pier – remove municipal equipment s. 2.1.17 $200.00
35. Park or Recreational Area – Municipal Beach or
Pier – break, deface or damage lifesaving
equipment s. 2.1.17 $200.00
36. Park or Recreational Area – Municipal Beach or
Pier – break, deface or damage municipal
equipment s. 2.1.17 $200.00
37. Claim exclusive use of playground equipment,
natural park area or park or recreational area s. 3.1 $105.00
38. Attempt to claim exclusive use of playground
equipment, natural park area or recreational area s. 3.1 $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
39. Have exclusive use of playground equipment,
natural park area, or park or recreational area s. 3.1 $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-018
A BY-LAW TO ADOPT A BAYHAM BENCH PROGRAM AND BAYHAM BENCH
PROGRAM SPONSORSHIP POLICY
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality with the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham is
desirous of continuing the Bayham Bench Program;
AND WHEREAS it is prudent to have a policy to outline the mechanisms by which
benches become sponsored;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the Bayham Bench Program Sponsorship attached hereto as Schedule "A"
and forming part of this by-law is hereby adopted;
2. AND THAT By-law No. 2016-105 is hereby repealed;
3. 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 2nd DAY
OF MARCH 2O23.
s
I
Bench Program Sponsorship Policy
Section 1 - Purpose
The Council of the Municipality of Bayham is desirous of offering a Bench Program. Benches with
a customizable plaque are able to be sponsored through an application process as outlined below.
Section 2 - Procedure
Those interested to sponsor a bench shall apply through the applicable application form provided
on the Municipal Website. Sponsors have an option to erect a new bench and plaque, or re -
sponsor an existing bench and plaque. The sponsorship cost for a new bench and a re -sponsored
bench are:
New Bench — $1,000
Re -sponsored bench — $300
New benches will consist of two painted steel frames and 5 boards at 1.8m in length.
During the application process, Sponsors shall choose their bench location from an approved list of
locations determined by the Manager of Public Works or designate and will be required to enter
into an agreement to finalize the sponsorship.
The option to re -sponsor a bench will only be available if the original purchaser does not wish to re -
sponsor. The Bayham Bench Program Sponsorship will last for a period of ten (10) years from the
date that is signed on the agreement. Owners will be contacted through the information provided
on the bench application to advise of the renewal option before being offered to new Sponsors. If
the original Sponsor does not advise of their desire to re -sponsor said bench within ten (10)
business days of being contacted by the Municipality, the bench will be considered available to
other interested parties.
Desired wording for the plaque will be provided by the Sponsor on the application form and is
subject to approval by the Municipality and spacing availability.
Sponsors will be provided a donation/tax receipt from the Municipality upon request.
Section 3 — Administration
The Bayham Bench Sponsorship Program will be coordinated by municipal staff through the
applicable application form(s) as amended as required.
MEMO
WATERFRONT ADVISORY
COMMITTEE
TO: Waterfront Advisory Committee
FROM: Thomas Thayer, CAO
DATE: May 16, 2023
MEMO: WAC-02/23 SUBJECT: WATERFRONT ADVISORY COMMITTEE MANDATE & BLUE FLAG BEACH
REQUIREMENTS
BACKGROUND
The Municipality applies for Blue Flag status for its Port Burwell East Beach on an annual basis and has been doing so since 2017. At its February 16, 2023 meeting, Council adopted By-law No. 2023-014, which establishes a Waterfront Advisory Committee for the Municipality.
DISCUSSION
Waterfront Advisory Committee Terms of Reference The Waterfront Advisory Committee (WAC)’s Terms of Reference were attached to Memo
WAC-01/23. The terms identify the WAC’s scope as: “It is the duty of the Waterfront Advisory Committee to encourage healthy and sustainable use
of the Port Burwell waterfront by residents and visitors. The Waterfront Advisory Committee
receives information and makes recommendations to Council that are consistent with approved Blue Flag Beach criteria.
The Waterfront Advisory Committee will also receive information on and is responsible for providing general recommendations to Council regarding East Beach parking area amenities
and matters regarding the East Pier.” The intent is to build on the WAC’s predecessor, the Blue Flag Beach Advisory Committee, by
expanding the scope of items reasonably. As the adjacent parking lots and the East Pier are in the general vicinity of the East Beach, Council approved a broader scope and a renaming of the Blue Flag Beach Advisory Committee to its current form.
The WAC will act as the Advisory Committee overseeing the East Beach, particularly as it applies to its Blue Flag status and any changes to educational programming or amenities under
the umbrella of the Blue Flag program and criteria. Should the Municipality not receive Blue Flag status in a given year, the WAC will still have oversight of the Beach itself as if Blue Flag status were in place, with the assumption that a subsequent application will be submitted in the future. The remainder of the WAC’s scope will be with respect to parking and the Pier, specifically operational and capital recommendations the WAC may have for Council budget considerations, and any recommendations with respect to by-law regulations.
Blue Flag Application Process
The Municipality makes application through Swim, Drink, Fish. They are an organization that assists Canadian Blue Flag applicants in compiling complete applications for Blue Flag
International to adjudicate. The application timeline is generalized below:
Date Step in Process
October (preceding year) Swim, Drink, Fish reaches out to current Blue
Flag operators regarding renewal applications and reminders regarding compulsory information
December Application is due into SWD, usually mid-month.
January-March (current year) SWD reviews applications and reaches out to applicants to confirm information or request additional, missing information if applicable March SWD invoices applicant ($1,250) March/April SWD advises if application and award is being recommended to the international panel
April/May Applicant advised if successful
May/June If successful, announcement can be made public. Applicant is sent a Blue Flag for the year.
Blue Flag Criteria
Blue Flag Criteria is attached to WAC-01/23. The Municipality, as the operator of the East Beach, ensures that it is compliant with the requirements of the Blue Flag Program via application and annual on-site review with a representative from Swim, Drink, Fish. The latter usually occurs in August. Important as a part of the Program is the display of signage that outlines the Blue Flag program, name of the beach, a map of the beach, contact information, water quality information,
environmental information, bathing season duration, and safety precautions/equipment.
Water quality information is displayed on signage and by way of a flag on the Beach that flies
Green when the water quality is within acceptance range for swimming. We are required under the Program to test monthly for streptococcal bacteria. Southwestern Public Health also tests weekly at the East Beach for e.Coli. This has been ongoing for many years successfully. Environmental information is prominently displayed as well. We have two (2) bioswales on the Beach that act as drainage outlets for Port Burwell stormwater, but are naturalized to clean the water through passive filtering before it re-enters Lake Erie. The operator (the Municipality) must also have a beach management committee. By way of the new Terms of Reference, this is a part of the WAC’s duties. The committee is required to be diverse and account for input from a variety of skill sets including community groups and groups of interest, education professionals, conservation authorities, non-profits, etc. The previous iteration of this committee had representatives from the Long Point Region Conservation Authority and Otter Valley Naturalists. Despite no appointees from this organizations, it is
expected that their knowledge will be leveraged to inform key ventures and programming. The Beach also must be kept clean. The Public Works department oversees the grooming of
the Beach during the season, and the clearing of driftwood and detritus before the season starts. The Municipality also has a cleaning contract in place to address garbage and recycling at the Beach, and cleaning of the washroom facilities.
There is also the requirement for lifesaving and first aid equipment on-site. First aid equipment is located at the washrooms and is available for use during the beach season. Rescue equipment is available at a number of identified rescue stations along the waterfront, also during the beach season. Through discussions with SWD, the East Beach does not become busy enough on a regular basis to require lifeguards like some other Blue Flag beaches in Canada. Should this ever change, there will be an added operational cost to the Municipality to hire seasonal lifeguards in support of beach safety. Finally, the Blue Flag Beach requires educational programming on an annual basis and can include educational signage, day events, collaborative events with community groups and organizations, etc. Through discussions with the WAC, it is expected that some new educational opportunities and partnerships be identified for consideration for either late in the 2023 season, or for the 2024 season. Five (5) educational events or opportunities must be identified during
the application process.
RECOMMENDATION
THAT Memo WAC-02/23 re Waterfront Advisory Committee Mandate & Blue Flag Beach Requirements be received for information.
MEMO
WATERFRONT ADVISORY
COMMITTEE
TO: Waterfront Advisory Committee
FROM: Thomas Thayer, CAO
DATE: May 16, 2023
MEMO: WAC-03/23 SUBJECT: WATERFRONT ADVISORY COMMITTEE MEETING SCHEDULE
BACKGROUND
In accordance with the Waterfront Advisory Committee’s (WAC) Terms of Reference, the
Committee is to set the Regular Meetings at the first meeting of the year. The Terms of Reference
states that the WAC meets quarterly.
DISCUSSION
Due to streamlining Committee documents and Members, the first meeting of 2023 did not take place until the 2nd quarter. This leaves two (2) quarters left for which meeting dates should be set.
It is recommended that the meetings take place in the first month of each quarter with the 3rd quarter meeting being on site at the East Beach. Monday, July 17, 2023 and Monday, October
16, 2023 are being proposed. For 2024, it is proposed for the meeting months to be January, April, July, and October, which
will be set at the first January meeting. Additional meetings may be scheduled by the call of the Chair, if deemed necessary.
RECOMMENDATION
THAT Memo WAC-03/23 re Waterfront Advisory Committee Meeting Schedule be received for information;
AND THAT the following meeting dates be the Regular Meetings for the Waterfront Advisory Committee for 2023:
Monday, July 17, 2023 at 5:00 pm (Beach)
Monday, October 16, 2023 at 5:00 pm (Trackless)
AND THAT the first meeting of 2024 be scheduled at the October 16, 2023 meeting.
MEMO
WATERFRONT ADVISORY
COMMITTEE
TO: Waterfront Advisory Committee
FROM: Thomas Thayer, CAO
DATE: May 16, 2023
MEMO: WAC-04/23 SUBJECT: PORT BURWELL EAST BEACH AND PIER AMENITIES
BACKGROUND
To ensure adequate service for those residents and visitors frequenting the Port Burwell East
Beach in the summer, the Municipality provides a number of amenities as described in this Memo.
Additionally, the Municipality, in accordance with Council direction on the matter, regulates certain
activities on the East Beach in accordance with the Municipality’s Parks By-law No. 2017-125.
Further, Council received a motion from the September 14, 2022 meeting of the Blue Flag Beach
Committee at its October 6, 2022 meeting with a number of recommendations Council may
consider. Council passed the following motion:
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT the Blue Flag Beach Committee resolution from the September 14, 2022 Meeting
that includes recommendations to Council be received for information;
AND THAT staff investigate and report back to Council on a By-law review regarding the prohibition of enclosed tents and barbecues.
DISCUSSION
Bench Program
The Municipality has a Bench Program, where individuals may sponsor a Bench in the
municipality for a fee. The sponsorship may be for themselves or dedicated to another person.
The Program includes the install of a new bench or the responsoring of an existing bench, which
carry fees to cover the costs of the program.
Under the Bench Program, there are currently 35 benches in Port Burwell, a number of which are
on the East Pier. Council has a received a Report (PS-02/23) outlining this figure and the staff
recommendation to not expand the number of benches on the Pier.
Parking at the Beach
Two (2) parking lots exist for users of the East Beach and East Pier. Both are generally unmarked,
unpaved, and unlined. Currently there is no Capital Item to consider paving either parking lot.
Consideration has been given in the recent past to whether it would be viable to have paid parking
at the East Beach. This has been brought up most recently during 2022 Capital Budget
deliberations, where it was advised that the Capital costs and Operational requirements render
the proposal not viable at this time. Not only would there be a front-end capital expenditure to
implement the technology and infrastructure required to support paid parking, but the
implementation of same would also necessitate regular weekend parking enforcement and on-call
technical support during paid parking hours to handle any technological issues.
Signage
Under the Blue Flag Program, the Beach must have certain visible signage. At the East Beach,
the Municipality currently has signage that identifies:
The address of the beach for emergency purposes
The amenities including first aid, lifesaving equipment, environmental/educational
materials, parking (including accessible spaces), and washroom and shower facilities
Water quality – signage and flag
The location and availability of rescue equipment
Any regulatory by-laws (i.e. dogs, etc.)
The Municipality is in compliance with the signage requirements under the Blue Flag program.
It is also worth noting that there is such thing as too much signage. Consideration of any
additional signage must be weighed against the possibility of “visual clutter” on the Beach.
Future Capital Works
Municipal Council has given future consideration to future amenities at the East Beach through
the 10-Year Capital Plan, which currently includes:
FA-09 – Port Burwell East Beach Washroom Expansion – $500,000
PR-11 – East Pier Rehabilitation – $300,000
PR-13 – Beach Accessibility – $50,000
PR-14 – Beach Shade Structure – $80,000
PR-16 – Electric Charging Station – $10,000
Item PR-13 speaks to mobimats at the Beach and is currently slated for 2027.
Regulations at the Beach
Council, on May 18, 2023, is receiving a Report from the By-law Enforcement Officer regarding
Council’s direction to investigate regulations for enclosed tents and barbecues on the Beach. Staff
are recommending prohibitions on barbecues and cooking, and regulations on the size of tents
and identifying that tents may only have one (1) opaque side to ensure visibility.
RECOMMENDATION
THAT Memo WAC-04/23 re Port Burwell East Beach and Pier Amenities be received for information.