HomeMy WebLinkAboutJuly 18, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, July 18, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 4 Applications
The July 18, 2024 Council Meeting will allow for a hybrid meeting function.
You may attend in person or virtually through the live-stream
on the Municipality of Bayham’s YouTube Channel
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
5. PRESENTATIONS
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held June 20, 2024
B. Statutory Planning Meeting held June 20, 2024
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report BL-06/24 by Stephen Miller, By-law Enforcement Officer re 2024 By-law
Enforcement Services Mid-Year Report
Council Agenda July 18, 2024
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B. Report PS-11/24 by Ed Roloson, Manager of Capital Projects & Water/Wastewater &
Steve Adams, Manager of Public Works/Drainage Superintendent re Tender Award –
Capital Item No. PW-24 Stewart Road Bridge
C. Report PS-12/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Capital Item No. FA-04 Public Works Building HVAC and Lighting Upgrades
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Passing re Zoning By-law Amendment ZBA-14/24 Paget
B. Notice of Passing re Zoning By-law Amendment ZBA-16/24 Willow Hawk Farms
C. Notice of Public Meeting re Proposed Minor Variance A-11/24 Deconinck
D. Notice of Public Meeting re Proposed Official Plan Amendment OPA-02/24 1830567
Ontario Inc.
E. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-15/24 Bergen
F. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-18/24 Wiebe
G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-19/24 Giesbrecht
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-09/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
2nd Quarter Drainage Report
B. Report DS-51/24 by Scott Sutherland, Chief Building Official re 2nd Quarter Building
Report
C. Report DS-53/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-09/24 Jurenas, 10122 Sandytown Road
D. Report DS-54/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-17/24 Giles, 53510 Heritage Line
E. Report DS-/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Subdivision
Agreement 11:28 Properties Inc. 34T-BY2201 Eden East Subdivision
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Township of Otonabee-South Monaghan re Regulations for the Importation and Safe Use
of Lithium-ion Batteries
Council Agenda July 18, 2024
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B. Municipality of West Nipissing re Champlain Bridge Rehabilitation
C. Municipality of Tweed re Sustainable OPP Funding for Rural Municipalities
D. City of Brantford re Support for the Decision of the Ontario Energy Board to End the Gas
Pipeline Subsidy
E. Ministry of Municipal Affairs and Housing re Planning Act and Development Charges Act
Regulations related to the Cutting Red Tape to Build More Homes Act, 2024
F. Emergency Management Ontario re Engagement on Proposed Modernization of the
Emergency Management and Civil Protection Act
G. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Housing Market Update
for June 2024
H. Long Point Region Conservation Authority re June 5, 2024 Meeting Minutes
I. Long Point Region Conservation Authority re June 5, 2024 Hearing Board Meeting
Minutes
J. Port Burwell Area Secondary Water Supply System re April 24, 2024 Draft Meeting
Minutes
K. Aylmer Area Secondary Water Supply System & Port Burwell Area Secondary Water
Supply System Joint Board of Management re June 12, 2024 Draft Meeting Minutes
L. Southwestern Public Health re 2023 Annual Report
M. Port Burwell Marine Museum re 2024 Children’s Summer Programming
13.1.2 Requiring Action
13.2 Reports to Council
A. Report TR-12/24 by Lorne James, Treasurer re 2024 Q1 Variance Report
B. Report CAO-28/24 by Thomas Thayer, CAO re Bayham Community Strategic Plan
Progress – 2024 Mid-Year Report
C. Report CAO-29/24 by Thomas Thayer, CAO re 2024-2034 Canada Community-Building
Fund Municipal Funding Agreement
D. Report CAO-30/24 by Thomas Thayer, CAO re Amendment to Site Plan Agreement –
Chesterman Leasing Inc. 14493 Bayham Drive SPA-02/24
Council Agenda July 18, 2024
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14. BY-LAWS
A. By-law No. 2024-044 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and the Association of
Municipalities of Ontario for funding from the Canada Community-Building Fund
B. By-law No. 2024-045 Being a by-law to authorize the signing of a subdivision
agreement between 11:28 Properties Inc. and the Municipality of Bayham to provide for
the development of a plan of subdivision known as the Eden East Subdivision
C. By-law No. 2024-046 Being a by-law prescribing the speed limit for a portion of
Chute Line
D. By-law No. Z784-2024 Being a by-law to amend By-law No. Z456-2003, as
amended – Giles
E. By-law No. Z785-2024 Being a by-law to amend By-law No. Z456-2003, as
amended – Jurenas
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-047 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, June 20, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 2 Applications
The June 20, 2024 Council Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS SUSAN CHILCOTT
TIMOTHY EMERSON
ABSENT: DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
MANAGER OF CAPITAL PROJECTS /
WATER/WASTEWATER ED ROLOSON
FIRE CHIEF HARRY BARANIK
TREASURER LORNE JAMES
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
13.2 C Report CAO-27/24 by Thomas Thayer, CAO re 2024-2029 Energy Conservation
and Demand Management Plan – Ontario Regulation 25/23
4. ANNOUNCEMENTS
Deputy Mayor Weisler reminded residents of the Canada Day Celebrations taking place in Port
Burwell on Monday, July 1st. Parade begins at 10:30 am at the Legion.
Councillor Emerson reminded residents that the 2nd concert fundraiser hosted by the Port
Burwell Historical Society is on Friday, June 28th at the Church of Perpetual Faith in Music in
Vienna.
Council Minutes June 20, 2024
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Mayor Ketchabaw announced that there will be a plaquing of the Bayham West Cemetery on
Sunday, July 7th at 3pm.
CAO Thayer reminded residents that the Municipal Office will be closed on Monday, July 1st and
that there is only 1 Regular Meeting of Council in July and August.
5. PRESENTATIONS
A. Watson & Associates Economists Ltd. re Water and Wastewater Rate Study
The Council Meeting recessed for a Statutory Planning Meeting at 7:30 pm
The Council Meeting resumed at 7:44 pm
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the presentation by Byron Tan, Watson & Associates Economists Ltd., re Water
and Wastewater Rate Study be received for information;
AND THAT Council direct staff to work with Watson & Associates Economists Ltd. to
revise and present to Council a revised version of Scenario 1, which includes a small
water rate increase to the Bayham water systems in 2025 accompanied by a larger
increase in 2026 to accommodate potential tax rate increase impacts associated with
Council’s desire to retire the HMCS Ojibwa debt in the 2025 fiscal year.
CARRIED
The Council Meeting recessed for a break at 8:53 pm
The Council Meeting resumed at 9:01 pm
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held June 6, 2024
B. Statutory Planning Meeting held June 6, 2024
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the minutes from the Regular Meeting of Council held June 6, 2024 and the minutes
from the Statutory Planning Meeting held June 6, 2024 be approved as presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
One (1) member of the public spoke to item 13.1.2 A.
Council Minutes June 20, 2024
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10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Open House re Bayham Official Plan Review 2024
B. Notice of Decision re Minor Variance A-08/24, Dan Froese Farms Inc.
C. Notice of Decision re Minor Variance A-09/24, Dan Wieler
D. Notice of Decision re Minor Variance A-10/24, Roy Schrijver Farms
E. Notice of Passing re Zoning By-law Amendment ZBA-12/24, Asher
F. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-09/24, Jurenas
G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-17/24, Giles
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 12.1.1 A – G be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-46/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-14/24 Terry and Rebecca Paget, 11681 Elliott Road
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-46/24 regarding the Paget rezoning application ZBA-14/24 be received
for information;
Council Minutes June 20, 2024
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AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our
Communities Act, 2015, it be pointed out that at the public participation meeting held June
6, 2024 associated with this application, there was one signed in attendee making an oral
presentation unrelated to this specific matter and no written submissions received
regarding this matter;
AND THAT all considerations were taken into account in Council’s decision passing this
resolution;
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on a property located in Part Lot 15 Concession 10, known municipally as a
11681 Elliott Road, from Rural Residential (RR) Zone to Site-specific Rural Residential
(RR-52) to permit the expansion of the existing accessory building and would continue to
prohibit shipping containers on the residential zoned lots as intended in the Zoning By-law;
AND THAT Zoning By-law No. Z782-2024 be presented to Council for enactment.
CARRIED
B. Report DS-47/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-16/24 Willow Hawk Farms Inc., 56830 Talbot Line
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report DS-47/24 regarding the Willow Hawk Farms Inc. rezoning application ZBA-
16/24 be received for information;
AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our
Communities Act, 2015, it be pointed out that at the public participation meeting held June
6, 2024 associated with this application, there were two signed in attendees making oral
presentations and two written submissions received regarding this matter;
AND THAT all considerations were taken into account in Council’s decision passing this
resolution;
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on a property located in Part Lot 16 Concession 10, known municipally as
56830 Talbot Line, from Agricultural (A1-A) Zone to Site-specific Agricultural (A1-A-45) to
permit the following additional uses on the subject property:
‘Assembly Hall, Wedding Venue’ to permit weddings as an On-Farm Diversified
Use secondary to the principal agricultural use as an additional permitted use,
limited to a Maximum Floor Area of 617.0 m2 (6,641.3 ft2), which includes the
orchard pavilion, bathroom facility and storage shed, and;
‘Farm Produce Outlet’ in an existing permanent building/structure with a Maximum
Floor Area of 76.0 m2 (818.1 ft2) as an additional permitted use, whereas the
Zoning By-law requires that a Farm Produce Outlet to be in a temporary
building/structure.
AND THAT Zoning By-law No. Z783-2024 be presented to Council for enactment.
CARRIED
Council Minutes June 20, 2024
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C. Report DS-48/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E46-24 Friessen, 55837 Fifth Street
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-48/24 regarding the Consent Application E46-24 Friesen be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E46-24 be granted subject to the following conditions and
considerations:
1. That the Owner obtains approval of a minor Variance application for the proposed
severed lot to permit a reduced Minimum Lot Frontage of 16.0 metres.
2. That the Owner obtains a permit from the Municipality of Bayham and install a
municipal sanitary service connection to the proposed severed lot at the Owner’s
expense.
3. That the Owner installs a private well on the proposed severed parcel and provides
the Municipality with water quantity and water quality reports for bacteria and nitrates
content meeting the Provincial standards for residential use, as a matter of public
health and safety at the Owner’s expense.
4. That the Owner obtains approval from the Municipality of Bayham for a road entrance
permit (Fifth Street) for a new access to the proposed severed lot.
5. That the Owner provides an engineered grading, drainage, and storm water
management plan for the severed parcel to demonstrate that the severed lands will
drain properly to a legal outlet with no negative impacts on the neighbouring lands or
the road, all to the satisfaction of the Municipality of Bayham.
6. That the Owner pay Cash-in-lieu of Parkland fees for one created parcel as required in
Municipal By-law No. 2020-053.
7. That the Owner provides a digital copy of a survey of the subject lands.
8. That the Owner applies and pays all fees to the Municipality with respect to Civic
Addressing/signage for the severed parcel.
9. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham
upon consent conditional approval.
10. That the applicant initiate and assume all engineering costs associated with the
preparation of a revised assessment schedule for the Fifth Street Drain in accordance
with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the
Municipality prior to the condition being deemed fulfilled. If the deposit does not cover
the costs of the revised assessment schedule, the applicant will be billed for any
additional costs incurred.
CARRIED
D. Report DS-49/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Minor
Variance A-08/24 Dan Froese Farms Inc. Development Agreement
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Report DS-49/24 regarding the Dan Froese Farms Inc. Development Agreement be
received;
Council Minutes June 20, 2024
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AND THAT Council authorize the execution of a Development Agreement between The
Corporation of the Municipality of Bayham and Dan Froese Farms Inc. to permit the
conversion of an existing permanent house barn of 80.0 m2 (861.11 ft2) in gross floor
area to a supplementary farm dwelling to accommodate one (1) seasonal farm labourer
for the time period of March 1st to November 30th in accordance with Section 2.1.10.1 of
the Bayham Official Plan;
AND THAT By-law No. 2024-040 be presented for enactment.
CARRIED
E. Report DS-50/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Janzen &
PBR Excavating Ltd. Development Agreements
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report DS-50/24 regarding the Janzen and PBR Excavating Ltd. Development
Agreements for the Union Street extension be received;
AND THAT By-law No. 2024-041, being a by-law to authorize the execution of a
Development Agreement between Johan and Sara Janzen and the Municipality of
Bayham for Union Street road construction, be presented for enactment;
AND THAT By-law No. 2024-042, being a by-law to authorize the execution of a Union
Street Extension Construction Agreement between PBR Excavating Ltd. and the
Municipality of Bayham, be presented for enactment.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Housing Market Update
for May 2024
B. Long Point Region Conservation Authority re May 1, 2024 Meeting Minutes
C. Watson & Associates Economists Ltd. re Assessment of Bill 185, Cutting Red Tape to
Build More Homes Act, 2024
D. AMCTO re E. A. Danby Award to Municipality of Bayham and Township of Malahide for
Shared Services Agreement
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 13.1.1 A – D be received for information.
CARRIED
Council Minutes June 20, 2024
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13.1.2 Requiring Action
A. Straffordville Hall Foundation re Straffordville Community Centre Expenditure Lines
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the correspondence from the Straffordville Hall Foundation re Straffordville
Community Centre Expenditure Lines be received for information;
AND THAT staff be directed to discontinue the use of the current formula based on square
footage for reporting utilities for the SCC and implement a new formula based on
occupancy beginning in 2025;
AND THAT staff be directed to revise the budget for the SCC to include salaries and
wages and statutory benefit expense lines in 2025.
CARRIED
13.2 Reports to Council
A. Report CL-07/24 by Meagan Elliott, Clerk re 2024 Municipal Assistance – Second Intake
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report CL-07/24 re 2024 Municipal Assistance – Second Intake be received for
information;
AND THAT the facility and road closure requests be approved, subject to the provision of
a liability insurance certificate in the minimum amount of $2,000,000.00 naming the
Municipality of Bayham as additional insured;
AND THAT the requests for a staff presence for road closure purposes be approved with
the ability to utilize the OPP as a backup and, if utilized, compensate from the Municipal
Assistance budget;
AND THAT staff be directed to advise external agencies of the approved events and
obtain County approval for use of County roads for noted closures;
AND THAT the Municipality of Bayham reserves the right to revoke said approvals at any
time for any reason and approved timelines may be adjusted for the use of certain facilities
or materials should they become unavailable due to construction or unforeseen
circumstances.
CARRIED
B. Report CAO-25/24 by Thomas Thayer, CAO re Port Burwell Lighthouse Status and
Costing Revisited
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
Council Minutes June 20, 2024
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THAT Report CAO-25/24 re Port Burwell Lighthouse Status and Costing Revisited be
received for information;
AND THAT staff be directed to obtain a revised August 2023 quote as provided by
a+LINK Architecture;
AND THAT staff be directed to obtain a quote identifying an alternative cladding for the
Port Burwell Lighthouse.
CARRIED
C. Report CAO-27/24 by Thomas Thayer, CAO re 2024-2029 Energy Conservation and
Demand Management Plan – Ontario Regulation 25/23
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report CAO-27/24 re 2024-2029 Energy Conservation and Demand Management
Plan – Ontario Regulation 25/23 be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham adopt the 2024-
2029 Energy Conservation and Demand Management Plan;
AND THAT staff be directed to post the 2024-2029 Energy Conservation and Demand
Management Plan to the Municipal website.
CARRIED
14. BY-LAWS
A. By-law No. 2024-040 Being a by-law to authorize the execution of a development
agreement between Dan Froese Farms Inc. and the Corporation of the Municipality of
Bayham
B. By-law No. 2024-041 Being a by-law to authorize the execution of a development
agreement between the Municipality of Bayham and Johan and Sara Janzen for the
construction of a portion of Union Street, Vienna
C. By-law No. 2024-042 Being a by-law to authorize the execution of a construction
agreement between the Municipality of Bayham and PBR Excavating Inc. for the
construction of a portion of Union Street, Vienna
D. By-law No. Z782-2024 Being a by-law to amend By-law No. Z456-2003, as
amended – Paget
E. By-law No. Z783-2024 Being a by-law to amend By-law No. Z456-2003, as
amended – Willow Hawk Farms
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
Council Minutes June 20, 2024
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THAT By-law Nos. 2024-040, 2024-041, 2024-042, Z782-2024 and Z783-2024 be read a
first, second and third time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
A. Deputy Mayor Weisler re AMO Director Nomination
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT the correspondence from Deputy Mayor Weisler re AMO Director Nomination be
received for information;
AND THAT Council of the Corporation of the Municipality of Bayham hereby supports
Deputy Mayor Weisler’s re-election to the AMO Board of Directors.
CARRIED
16.1 In Camera
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Council do now rise to enter into an “In Camera” Session at 10:11 p.m. to
discuss:
A. Confidential Item re Sale or disposition of land; A position, plan procedures, criteria, or
instruction to be applied to any negotiations on or to be carried on by or on behalf of the
Municipality or Local Board (Fourth Street)
CARRIED
16.2 Out of Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the Council do now rise from the “In Camera” Session at 10:16 p.m. and report on
Confidential Item re Sale or disposition of land; A position, plan procedures, criteria, or
instruction to be applied to any negotiations on or to be carried on by or on behalf of the
Municipality or Local Board (Fourth Street).
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
Council Minutes June 20, 2024
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THAT Confidential Item re Sale or disposition of land; A position, plan procedures, criteria,
or instruction to be applied to any negotiations on or to be carried on by or on behalf of the
Municipality or Local Board (Fourth Street) be received for information;
AND THAT staff proceed as directed.
CARRIED
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-043 Being a by-law to confirm all actions of Council
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Confirming By-law No. 2024-043 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Council meeting be adjourned at 10:17 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
STATUTORY PLANNING MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, June 20, 2024
7:30 p.m.
A. Proposed Zoning By-Law Amendment ZBA-09/24 10122 Sandytown Road, Jurenas
B. Proposed Zoning By-law Amendment ZBA-17/24 53510 Heritage Line, Giles
The June 20, 2024 Planning Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS SUSAN CHILCOTT
TIMOTHY EMERSON
ABSENT: DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
MANAGER OF CAPITAL PROJECTS /
WATER/WASTEWATER ED ROLOSON
FIRE CHIEF HARRY BARANIK
PUBLIC ATTENDEES A: DAVE ROWE
PUBLIC ATTENDEES B: DAVE ROWE
APPLICATION A
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:30 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
The Chairman stated the purpose and effect of the proposed amendment.
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4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Proposed Zoning By-Law Amendment ZBA-09/24 10122 Sandytown Road, Jurenas
THE PURPOSE of this By-law Amendment is to is to facilitate the severance of an agricultural
parcel and rezone the proposed Severed Lot from ‘Special Agricultural (A2)’ Zone to a ‘Site-
Specific Special Agricultural (A2-XX)’ Zone to permit a Minimum Lot Area of 18.4 hectares,
whereas the Section 6.4 of the Zoning By-law requires a Minimum Lot Area of 20.0 hectares.
The subject property is known as 10122 Sandytown Road, east side, and north of Maple Grove
Line.
THE EFFECT of this By-law is to facilitate the severance of an agricultural parcel into two (2) distinct
agricultural parcels as a Condition of Approval for the Elgin Land Division Committee Consent
Application file number E35-24.
5. PUBLIC PARTICIPATION
Agent, Dave Rowe, noted he is present for any questions.
6. CORRESPONDENCE
No correspondence.
7. OTHER BUSINESS
No other business.
8. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-09/24 is now complete at 7:32 p.m.
CARRIED
APPLICATION B
9. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:33 p.m.
10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
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11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
The Chairman stated the purpose and effect of the proposed amendment.
12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
B. Proposed Zoning By-law Amendment ZBA-17/24 53510 Heritage Line, Giles
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural
(A1)’ Zone to a ‘Site-Specific Agricultural (A1-XX)’ Zone to permit the development of an
Additional Residential Unit (ARU) within a proposed detached accessory building that is 213.0%
(371.6 m2) of the principal farm dwelling (174.5 m2), whereas Section 4.2.f) of the Zoning By-law
states that 25.0% (43.6 m2) is required for accessory use buildings accessory to principal farm
dwellings on the subject property. The subject property is known as 53510 Heritage Line, north
side, and east of Springer Hill Road.
THE EFFECT of this By-law is to facilitate the development a proposed detached accessory building
for the purpose of an ARU on the subject property.
13. PUBLIC PARTICIPATION
Agent, Dave Rowe, provided further mapping and comments to Members of Council to
following along with his presentation. Mr. Rowe summarized the application and walked
through the areas that are believed to be in line with the Provincial Policy Statement.
14. CORRESPONDENCE
No correspondence.
15. OTHER BUSINESS
No other business.
16. ADJOURNMENT
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-17/24 is now complete at 7:44 p.m.
CARRIED
MAYOR CLERK
REPORT
MUNICIPAL LAW
ENFORCEMENT
TO: Mayor & Members of Council
FROM: Stephen Miller, By-law Enforcement Officer
DATE: July 18, 2024
REPORT: BL-06/24 SUBJECT: 2024 BY-LAW ENFORCEMENT SERVICES MID-YEAR REPORT
BACKGROUND
On January 18, 2024, Council received Report BL-01/24 re 2023 By-law Enforcement Annual Report. Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report BL-01/24 re 2023 By-law Enforcement Annual Report be received for information. This Report provides a snapshot of 2024 interim by-law enforcement statistics from January 1, 2024 to June 30, 2024.
DISCUSSION
As part of the increased level of service, By-law Enforcement Services has continued tracking statistics related to complaints received in 2024. In addition to statistics related to complaint volumes, By-law Enforcement Services has been tracking the number of days between when a complaint has been received to initial response, as well as amount of time from initial response to resolution. Statistics have also been tracked by complaints by geographical area in Bayham. This improved statistical tracking will allow the Municipality of Bayham to make data-driven decisions related to By-law Enforcement activities going forward.
Data Analysis
There were 79 By-law Enforcement complaints over the first half of 2024 with 16 investigations
being carried over from 2023. All files being carried over from 2023 have been resolved, with
three (3) files resulting in charges being laid for continued non-compliance.
91 percent of complaints have been actioned within five (5) business days of being received. This
is a significant increase from 74 percent for the second half of 2023.
Complaints – Jan-June 2024 79
Actioned within 5 business days 72
% 91.14%
The average number of days from complaint to initial response is 3 days with the median number of days from complaint to response being 1 day. The average number of days from complaint to resolution is 9 days. Most complaints are
resolved upon initial attendance by voluntary compliance through education and warnings. In terms of geographic area, the majority of complaints are from Ward 1, with a total of 59
percent (47 of 79) of complaints from Port Burwell and Vienna. 18 percent from are Straffordville, with the balance from Richmond, North Hall, and rural areas of Bayham. The below chart and related table provide a visual and numeric breakdown:
Complaints by Location
Straffordville 14
Port Burwell 30
Vienna 17
Richmond 1
Eden 7
Corinth 0
North Hall 0
Calton 0
Rural Bayham 10
Total Count 79
With considering complaints by type, the data shows the vast majority of complaints are for Lot Maintenance followed closely by Zoning. There has also been an increase in Noise complaints.
18%
38%
21%
1%
9%
0%
0%0%
13%
Complaints by Area
Straffordville
Port Burwell
Vienna
Richmond
Eden
Corinth
North Hall
Calton
Rural Bayham
Response Methodology For the majority of complaints, the steps outlined in the Municipal Law Enforcement Policy are
followed, unless there is an inherent risk to public safety or protection of property. These typically entail a first-contact approach, whereby By-law Enforcement Services advises of the applicable by-law and that there has been a complaint, followed by some education on how the
by-law applies, and a caution – a Verbal Warning – requesting on-going compliance with the by-law.
For more complex files such as zoning or lot maintenance, typically a Notice of Contravention is sent with a compliance date and a re-inspection ensues to confirm compliance. Depending on whether compliance is achieved or not, the By-law Enforcement Officer1 will elect the next course of action, which can include a final notice, additional time for compliance to be achieved,
1 In accordance with Policy, sometimes direction from the CAO is required.
9%
20%
0%
8%
9%4%6%5%
24%
8%
1%
0%1%1%3%
1%
Type of Complaint
Noise
Zoning
Grass and Weeds
Barking Dog
Non By-law Issue
Several By-law Issues
Parking
Dog at Large
Lot Maintenance
Livestock at Large
Property Standards
Roadside Garbage
Open Burning
Encroachment
# of Dogs
Signs
or charges if absolutely necessary. The success of By-law Enforcement Services is gauged on voluntary compliance without the necessity of charges being laid. However, sometimes charges cannot be avoided due to unwillingness on the part of the landowner to voluntarily comply with Municipal by-laws. In
addition to charges, one (1) Property Standards Order was issued, the matter proceeded to a Hearing and investigation is on-going.
Based on the above noted statistics, a significant increase has been seen in the capacity for the Municipality of Bayham to respond quickly, and work with residents, in order to achieve compliance. There has also been a significant decrease in files carried over from year to year
(97 in 2022 to 16 in 2023). Statistics remain otherwise consistent with 2023 and, if trends continue, complaint volumes appear to be tracking to remain even with 2023 (184 total complaints). Further reporting will be presented to Council by way of the standard Annual Report in Q1 2025. STRATEGIC PLAN Not applicable. ATTACHMENTS
Not applicable. RECOMMENDATION 1. THAT Report BL-06/24 re 2024 By-law Enforcement Services Mid-Year Report be received for information.
Respectfully submitted: Reviewed by: Stephen Miller, MLEO (c), GDPA, Thomas Thayer, CMO, AOMC Licensed Paralegal LSO By-Law Enforcement Officer Chief Administrative Officer
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Ed Roloson, Manager of Capital Projects-Water/Wastewater Ops. Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: July 15, 2024
REPORT: PS-11/24 SUBJECT: TENDER AWARD – CAPITAL ITEM NO. PW-24 – STEWART ROAD BRIDGE BACKGROUND On October 3, 2024, Council received the Draft 2024-2033 Capital Budget and passed the following
motion: Moved by: Councillor Froese
Seconded by: Councillor Chilcott THAT Report TR-14/23 re 2024-2033 Capital Budget - Draft be received for information; (…) AND THAT Council approve in principle the 2024-2033 Capital Budget with amending Capital Item No. W-03 to be $17,500 and Capital Item No. PR-03 to be moved to 2024 from 2026. The 2024 Capital Budget, as approved in-principle, includes the following Capital Item:
• Capital Item No. PW-24 - $75,000 – Stewart Rd. bridge rehabilitation works. DISCUSSION
In accordance with Capital Item No. PW-24, on June 7, 2024, Spriet and Associates received two tender submissions (Ref. #224056) for the associated bridge rehabilitation works. The summary of the submissions is as follows:
Bidder Total Bid Price
Theo Vandenberk Construction $67,120.00 +HST
W.G. Kelley Construction $142,170.00 +HST The bid from Theo Vandenberk Construction is under the approved budget for the project by $7,880.
Theo Vandenberk Construction advises that the works will commence in the fall with a relatively quick completion date. Spriet and Associates recommend awarding the contract to the low bidder, Theo Vandenberk Construction. Staff concur with this recommendation and confirm that several other bridge projects have been successfully completed within Bayham by this contractor.
STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable RECOMMENDATION 1. THAT Report PS-11/24 re Tender Award – Capital Item No. PW-24, Stewart Road Bridge be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham award the Stewart Road Bridge works to Theo Vandenberk Construction in a total amount of
$67,120 plus HST. Respectfully Submitted by: Reviewed by: Ed Roloson Thomas Thayer, CMO, AOMC Manager of Capital Projects-Water/Wastewater Ops. Chief Administrative Officer Steve Adams Manager of Public Works|Drainage Superintendent
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: July 18, 2024
REPORT: PS-12/24 SUBJECT: CAPITAL ITEM NO. FA-04 – PUBLIC WORKS BUILDING HVAC AND LIGHTING UPGRADES BACKGROUND On October 3, 2023, Council received the Draft 2024-2033 Capital Budget and passed the following
motion: Moved by: Councillor Froese
Seconded by: Councillor Chilcott THAT Report TR-14/23 re 2024-2033 Capital Budget - Draft be received for information; AND THAT staff be directed to begin the procurement process for Capital Item No. FD-05; AND THAT staff be directed to report to Council further on Capital Item Nos. FD-06, PW-35, and PW-29; AND THAT Council approve in principle the 2024-2033 Capital Budget with amending Capital Item No. W-03 to be $17,500 and Capital Item No. PR-03 to be moved to 2024 from
2026. The 2024 Capital Budget includes the following:
• Capital Item No. FA-04 - $100,000 – Public Works Yard HVAC/Heating Tubes. DISCUSSION
Public Works staff have been working towards increasing savings through efficiency upgrades and building upgrades to help increase thermal protection which will decrease heating costs and will increase heat loss throughout the aging Public Works building. Staff have been working with contractors for heating and insulation improvements. The Public Works building’s five (5) heating tubes have aged out in regards to heating tubes corroding, motors failing, and the 1978 forced air furnace all requiring continuous maintenance. Staff have been working with Koolen Electric in regards to finding a better solution to heat loss and upgrading the heat tubes with the addition of two new tubes to eliminate the old furnace which mainly is used to heat the staff room.
Koolen Electric has provided the municipality service for 35+ years and continues to provide annual maintenance and upgrades to our facilities. It is noted that Capital Item No. FA-04 was approved for $100,000, and was for the replacement of the HVAC system and the possibility of additional thermal
protection. To complete heater upgrades and new zoned thermostats, the estimated cost would cost would be $26,500 plus HST. Staff have received an estimate from two companies in regards to updating insulation in the Public Works building from Richie Insulation at a price of $10,700 plus HST. This estimate is to replace the existing original insulation in the attic space above the shop and adding to areas that have none. After an assessment of the building they have indicated that more than 30 percent has no insulation and the insulation that is present has an R-value of 15 or less. If insulation was added, the attic
space would the have an R-value of 60. This radiant heat loss could account for up to 15-20 percent of the heating cost associated with the building resulting in significant savings and year-over-year reduction in energy consumption, consistent with the goals set out in the Municipality’s 2024-2029 Energy Consumption and Demand Management Plan. Currently, there are no alternative funding streams available to complete this project. However, staff have also inquired about spray foaming the interior cinder block walls that currently have no protection and cost would
be $80,000-$90,000 to complete all exterior facing walls. This is not being further contemplated within the scope of this Report. Staff have also inquired about grants or subsidies through lighting funding streams as the Public Works yard includes a total of 50 fixtures in the original part of the works yard and these are original incandescent fixtures with 8-ft. tubes. Staff are continually trying to repair and replace aged-out ballasts and bulbs but have found a decrease in lighting throughout the building due to more than 50 percent of ballast failures. There is currently a grant opportunity through the IESO (Save on Energy Instant Discount). After installing 49 new LED fixtures for the cost of $20,900 plus HST, the Municipality would receive $3,264.00 savings on these lights, reducing the cost to $17,636.00 plus HST or a savings of 17 percent.
In total, the following costs are included in this Report for Council’s consideration: Item Cost* Heater upgrades / thermostats $26,500 Lighting, inclusive of IESO subsidy $17,636
Attic insulation $10,700 Total $54,836
*all costs are plus HST
Staff believe that the total expenditure of $54,836 plus HST on heating and lighting upgrades, coupled with additional attic insulation, will result in substantial savings within the operational
budget. While looking at all options with the insulation companies, they believe that energy saving grant options would become available at a later date. Staff would recommend that the remaining budgeted amount of FA-04 be retained for future Public Works facilities works in case this option becomes available and staff could be directed at that time to complete additional insulation on the Public Works building. STRATEGIC PLAN
3.1: Quality of Governance > To undertake strategies and technology and knowledge of capital investments that continuously improve a service-oriented governance approach in Bayham. Initiative(s): Not applicable.
3.2: Quality of Governance > To continually demonstrate financial responsibility to the community.
Initiative(s): Actively seek and apply for grants to support operational and capital projects.
RECOMMENDATION 1. THAT Report PS-12/24 re Capital Item No. FA-04 – Public Works Building HVAC and Lighting upgrades Capital Item; 2. AND THAT staff be directed to complete the Heating Tube and Lighting Upgrades in the total amount of $44,136 plus HST utilizing Koolen Electric; 3. AND THAT staff be directed to complete the attic insulation in the total amount of $10,700 plus HST utilizing Richie’s Insulation;
4. AND THAT the unused budget allocation for Capital Item FA-04 be retained for future
capital works pertaining to the Public Works Yard. Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works| Chief Administrative Officer Drainage Superintendent
ZBA-14/24
PLANNING ACT
NOTICE OF THE PASSING OF
ZONING BY-LAW NO. Z782-2024 BY
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: PAGET, T & R
11681 ELLIOTT ROAD
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z782-2024 on the 20th day of June 2024 under Section 34 of the PLANNING ACT.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in
respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 11th
day of July 2024 a notice of appeal setting out the objection to the By-law and the reasons in
support of the objection.
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Rural
Residential (RR)’ Zone to a ‘Site-Specific Rural Residential (RR-52)’ Zone in order to permit a
Maximum Floor Area of 248.0 m2 (2,669.5 ft2) for an accessory building, whereas Section 7.11.3
of the Zoning By-law requires 95.0 m2 (1,022.6 ft2). The subject property is known as 11681 Elliot
Road, west side, and north of Talbot Line.
THE EFFECT of this By-law is to facilitate a 128.0 m2 expansion of an existing 120.0 m2 accessory
building for personal storage and vehicles on the subject property. Therefore, the cumulative
Maximum Floor Area for all existing / proposed accessory buildings is 248.0 m2.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the
Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or
group. However, a notice of appeal may be filed in the name of an individual who is a member of
the association or the group on its behalf.
NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal
unless, before the by-law was passed, the person or public body made oral submissions at a
public meeting or written submissions to the council or, in the opinion of the Ontario Land
Tribunal, there are reasonable grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 21ST DAY OF JUNE 2024.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see
the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
Tel: 519-866-5521 Ext 222
Fax: 519-866-3884
E-mail: munderhill@bayham.on.ca
ZBA-16/24
PLANNING ACT
NOTICE OF THE PASSING OF
ZONING BY-LAW Z783-2024 BY
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: WILLOW HAWK FARMS, 56830 TALBOT LINE
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No.
Z783-2024 on the 20th day of June 2024 under Section 34 of the PLANNING ACT.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of
the By-law by filing with the Clerk of the Municipality of Bayham not later than the 11th day of July 2024 a
notice of appeal setting out the objection to the By-law and the reasons in support of the objection.
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1-A)’
Zone to a ‘Site-Specific Agricultural (A1-A-45)’ Zone to permit the following:
‘Assembly Hall, Wedding Venue’ to permit weddings as an On-Farm Diversified Use secondary to
the principal agricultural use as an additional permitted use, limited to a Maximum Floor Area of
617.0 m2 (6,641.3 ft2), which includes the orchard pavilion, bathroom facility and storage shed, and;
‘Farm Produce Outlet’ in an existing permanent building/structure with a Maximum Floor Area of
76.0 m2 (818.1 ft2) as an additional permitted use, whereas the Zoning By-law requires that a Farm
Produce Outlet to be in a temporary building/structure.
The subject property is known as 56830 Talbot Line, north side, and east of Elliot Road.
THE EFFECT of this By-law is to allow for weddings as an On-Farm Diversified Use secondary to the
principal agricultural use, which is currently not permitted in the Zoning By-law. Further, this By-law will be
to recognize the existing Farm Produce Outlet for the sale of apples inside a portion of the existing barn
where Farm Produce Outlets are not intended to be in permanent buildings.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land
Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice
of appeal may be filed in the name of an individual who is a member of the association or the group on its
behalf.
NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless,
before the by-law was passed, the person or public body made oral submissions at a public meeting or
written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable
grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 21st DAY OF JUNE 2024.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the
following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
Tel: 519-866-5521 Ext 222
Fax: 519-866-3884
E-mail: munderhill@bayham.on.ca
A-11/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JEFF AND DANA DECONINCK
LOCATION: 35 UNION STREET, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor
Variance (A-11/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham
will hold a public meeting on Thursday, July 18, 2024, at 6:45 pm in the Municipal Council Chambers,
56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning By-law No. Z456-
2003 under Section 45 of the PLANNING ACT. Committee of Adjustment Meetings may also be viewed
virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following provision in the Zoning By-law:
Section 10.11.c) Maximum Floor Area to permit a new accessory structure floor area of 27.8 m2
(300.0 ft2) for the purpose of a covered picnic area with a solar panel roof assembly, in addition to
the existing shed floor area of 9.2 m2 (100.0 ft2) and existing detached garage floor area of 98.7 m2
(1,062.0 ft2) for a combined accessory floor area 136.0 m2 (1,462.7 ft2), whereas 108.0 m2 (1,162.0
ft2) is the permitted maximum as a result of a previously approved Minor Variance Application (A-
18/21).
The subject property is located at 35 Union Street, west side, south of Ann Street in the Village of Vienna.
THE EFFECT of this variance will be to permit an increased accessory building Maximum Floor Area to
facilitate the development of a new accessory structure for the purpose of a covered picnic area with a
solar panel roof assembly on the subject property.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of
or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all
written and oral presentations provided prior to or at the public meeting. When possible, please consider
utilizing written correspondence to be submitted to the undersigned by 9:00 am on July 11, 2024
to be included in the Committee of Adjustment Agenda.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written
request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the
Municipal Office.
Dated at the Municipality of Bayham this 4th day of July 2024.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
Village of Vienna
OPA-2/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
OFFICIAL PLAN AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: 1830567 ONTARIO INC.
LOCATION: 55942 MAPLE GROVE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan
Amendment (OPA-2/24), the County of Elgin is the Approval Authority for Official Plan Amendments.
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting
on Thursday, July 18th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line,
Straffordville, to consider a proposed Official Plan Amendment under Section 17 of the Planning Act.
THE PURPOSE of the Official Plan Amendment is to add a new site-specific sub-section to permit the
severance of an existing single-detached dwelling constructed in 2021 on the subject lands made surplus
through farm consolidation that does not conform to Section 2.1.7.1 of the Official Plan, which requires that
consents to sever and convey existing farm dwellings are to have been built and occupied a minimum of ten
(10) years prior to the date of consent application. The existing single-detached dwelling, to be severed as a
surplus farm dwelling, was constructed in 2021 to replace the previous and now demolished single-detached
dwelling that was no longer safe and uninhabitable. The subject lands are located at 55942 Maple Grove Line,
north side, and west of Sandytown Road.
THE EFFECT of this Official Plan Amendment will be to permit the severance of a surplus farm dwelling that
was built and occupied for less than the minimum requirement of ten (10) years prior to the date of the consent
application.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or
in opposition to the proposed amendment. Written comments are to be submitted on or before 4:30pm
on Wednesday, July 10, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in
the public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written
submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled
to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land
Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written
submissions to the Municipality of Bayham before the by-laws are passed, the person or public body may not
be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the
Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed Official Plan Amendment, you must make a written
request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendments may be obtained by contacting the
Municipal Office.
Dated at the Municipality of Bayham this 21st day of June 2024.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
ZBA-15/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: AGANETA BERGEN
LOCATION: 10564 CULLODEN ROAD, NORTH HALL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-
law Amendment (ZBA-15/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting
on Thursday, July 18th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line,
Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. Public
Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube
Channel
THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a severance
for the creation of a new lot, in Zoning By-law Z456-2003. The proposed Retained Lot is to be rezoned from
‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-XX)’ Zone to permit a Minimum Lot Area of 7.9 hectares,
a Minimum Lot Frontage of 20.0 m (65.6 ft), and a Minimum Side Yard Depth of 2.8 m (9.2 ft) for the existing
accessory building/structure. The proposed Severed Lot is to be rezoned from ‘Holding Hamlet Residential
(HR(h1))’ Zone to ‘HR’ Zone in order to remove the ‘h1’ Holding Provision pertaining to adequate water and
sanitary servicing. The subject lands are known as 10564 Culloden Road, east side, and north of Eden Line in
the Hamlet of North Hall.
THE EFFECT of this By-law will be to recognize the Minimum Lot Area and Minimum Lot Frontage deficiency and
permit a reduced Minimum Side Yard Depth from the existing accessory building/structure for proposed Retained
Lot. Further, the effect of this By-law will be to sever the existing single-detached dwelling on the proposed
Severed Lot and remove the h1 Holding Provision, as part of the clearing of Consent Conditions for Elgin Land
Division Committee file number E18-24 that was Conditionally Approved on March 27th, 2024.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in
opposition to the proposed amendment. Written comments are to be submitted on or before 4:30pm on
Wednesday, July 10, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the
public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written
submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled
to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written
submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be
added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,
there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the
undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 21st day of June 2024.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
ZBA-18/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JOHN AND TINA WIEBE
LOCATION: 55309 TALBOT LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning
By-law Amendment (ZBA-18/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public
meeting on Thursday, July 18th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage
Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act.
Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s
YouTube Channel
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet Residential (HR)’
Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to facilitate the development of a new accessory
building and seek relief from the following provisions:
Permit a Maximum Accessory Building Height of 6.1 m (20.0 ft), whereas Section 9.5.1 of the Zoning
By-law requires 4.5 metres, and;
Permit a Maximum Floor Area of 372.0 m2 (4,004.2 ft2) for an Accessory Building, whereas Section
9.7 of the Zoning By-law requires 75.0 m2 (807.3 ft2) or 8% lot coverage (whichever is less).
The subject property is known as 55309 Talbot Line, south side, and north of Eden Line.
THE EFFECT of this By-law will be to permit a new accessory building on the subject property for the
purpose of storing a boat, camping trailer, and personal belongings, with a proposed Maximum Height of
6.1 m (20.0 ft) and Maximum Floor Area of 372.0 m2 (4,004.2 ft2) by way of Site-Specific Exceptions to the
current HR Zone.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or
in opposition to the proposed amendment. Written comments are to be submitted on or before 4:30pm
on Wednesday, July 10, 2024 to munderhill@bayham.on.ca or at the municipal office to be included
in the public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written
submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not
entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario
Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written
submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not
be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the
Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to
the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 21st day of June 2024.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
ZBA-19/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: NEIL AND MARIA GIESBRECHT
LOCATION: 11306 & 11390 RIDGE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning
By-law Amendment (ZBA-19/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting
on Thursday, July 18th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line,
Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the PLANNING ACT.
Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s
YouTube Channel
THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus
farm dwelling severance, in Zoning By-law Z456-2003. The proposed Severed Lot is to be rezoned from the
‘Agricultural (A1-A)’ Zone to the ‘Rural Residential (RR)’ Zone. The proposed Retained Lot is to be rezoned
from the ‘A1-A’ Zone to the ‘Special Agricultural (A2)’ Zone to prohibit new dwellings. The subject lands are
known as 11306 & 11390 Ridge Line, south side, east of Plank Road.
THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential lot and
to prohibit new dwellings on the retained farm parcel in accordance with the Official Plan, as part of the clearing
of Consent Conditions for Elgin Land Division Committee file number E75-23 that was Conditionally Approved
on May 22, 2024.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or
in opposition to the proposed amendment. Written comments are to be submitted on or before 4:30pm on
Wednesday, July 10, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the
public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written
submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled
to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land
Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written
submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be
added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the
Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to
the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 21st day of June 2024.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: July 18, 2024
REPORT: DR-09/24 SUBJECT: 2024 2nd QUARTER DRAINAGE REPORT
BACKGROUND:
This Report is to inform Council of Q2 2024 current ongoing and completed to-date drainage
activities. DISCUSSION: Drainage works regarding Q2 2024 new drains and drain maintenance are outlined below: New Drains: Drain Name Status
Hampton Drain Final bills were sent out June 24-26, 2024
Peters Drain Extension Engineer submitted report filed with Municipality on December 21, 2023 Public meeting to consider the Report February 1, 2024 Court of Revision held March 7, 2024 Construction in Spring of 2024 New Drain - OBAR Extension to Branch C of the Eden Drain. Public meeting to consider the report was held on March 7, 2024
Court of revision to be held on April 4, 2024 First Basin was installed in May waiting on the other two to be completed. Proposed Cost estimate and tributary amounts were billed out in June.
New Drain - VanQuaethum Extension Plank Road. Site meeting has been completed on Aug. 15, 2023 Engineer working on report
Vienna Ridge Subdivision Petition Submitted - December 20, 2023 Engineer has been assigned on January 18, 2024 John Nezezon has signed the petition on March 6, 2024. This is for potential development off of Chapel Street. Site meeting was held on February 14, 2024 Engineer has been assigned to prepare report expecting report mid-summer
11:28 Properties Inc. Petition Submitted and filed on Oct. 23, 2023 Council passed consideration of Petition on November 2, 2023 Engineer has been assigned to prepare report Alex Visscher on February 26, 2024 has signed the petition in regards to work being
completed on the West side of Plank Road.
Frank Wall Petition submitted on October 4, 2023
Council considered and passed Petition on October 19, 2023. On-site meeting was held on November 14, 2023. Engineer has been assigned to prepare the report expecting the report mid-summer
Drain Maintenance: Drain Name Status Smith Drain – 11925 Elliot Road Sink hole in rear yard of property reported April 15, 2024. Staff investigated April 16 and contacted Contractor. Contractor completed broken tile and snake on June 04, 2024
Deli Drain-57905 Heritage Line Property owner reported sink hole April 17 Staff investigated sinkhole April 17 Contractor completed sink hole May 8th. Todd Drain Property owner on April 24 reported sink hole in field.
Investigated sinkhole April 25 and what looks to be broken tile. Contractor was notified but could not
complete before crops were planted. Property owner agreed to complete in fall after harvest as hole was not effecting drain any further.
Nevill Drain Brushing Staff inspected the municipal drain in late 2023 and found open ditch has never been cleaned out and brushed
Staff obtained quotes for the project and brushing and bottom cleanout of 1100m of open ditch would be estimated at $26,000
Staff will be sending notice of maintenance week of March 25, 2024 to complete this year.
Project has been completed, work completed April 22-May 2. Assessments will be billed in the August tax billings.
Ramsey Drain
Ditch has been cleaned out Waiting on contractor to complete final grading
Project has been completed and will be billed in August 2024. Bartley Drain Complaint about build-up of brush. -Inspection of drain completed on Dec. 18,
2023 and drain has not been brushed in over 25 years. Staff are preparing documents to have drain
brushed and ditch cleaned out. Staff obtain estimate of $23,000 to complete 1300m of open ditch brushing and bottom
clean out. Spriets are currently working on an updated assessment. Planning on brush completion Fall of 2024
Deli Drain Large 1500mm culvert on Coyle Road failing at laneway. Staff received a quote for the culvert $19,500
to complete the works Staff preparing to send notice of maintenance to all landowners assessed.
Pipe was installed April 16th Property owners will receive invoice on August tax bill.
Arns Drain Road crossing not handling large rain events a contractor has been notified to snake and inspect. Staff inspected drain and came across to
large sinkholes. Contractor repaired 3 large holes week of February 5, along with snake and camera
parts of drain. Contractor identified large parts of drain failing Waiting on contractor to complete the East
side of Plank Rd. sinkholes and investigate
the water not moving properly through the pipe. Emerson Drain Concern came in on January 20, 2024 of the drain not draining properly Staff had this investigated and drain cleared on February 6,2024 Ditch work was completed in May to create a better outlet.
Smith Drain Complaint filed of a large sinkhole around
basin March 1, 2024 Contractor has been notified and expected completion summer 2024.
In April 2024, staff contacted the Department of Fisheries and Oceans (“DFO”) regarding drain classification of Bayham’s Municipal Drains. When completing drain maintenance applications, staff identified that Municipality of Bayham only has one (1) drain that has been formally
classified as one of five (5) categories representing fish species, flow of the drain, habitat within the drain, and sediments on the drain bottom. This classification is used when conducting maintenance and the appropriate time-line for the maintenance. Municipal staff have been notified by the DFO that three (3) DFO personnel will be conducting site visits at three municipal drains that will receive classification. Notices have been sent to all
landowners adjacent to these three municipal drains that personnel will be conducting samplings. These classification studies come at no cost to the Municipality for the work to be completed. Staff will continue to submit priority drains to be classified on an annual basis. STRATEGIC PLAN Not applicable. RECOMMENDATION 1. THAT Report DR-09/24 re 2024 2nd Quarter Drainage Report be received for
information.
Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC
Manager of Public Works|Drainage Superintendent Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Scott Sutherland, Chief Building Official
DATE: July 18, 2024
REPORT: DS-51/24 SUBJECT: 2nd QUARTER REPORT
BACKGROUND
The purpose of this Report is to inform Council of the activities of Building Services for the second quarter of the year for 2024. DISCUSSION:
Building Services: The summary of building permits issued in the second quarter is as listed in the chart below:
Year 2024 2023 2022
No. permits issued 49 34 42
Permit fees $72,352.31 $46,719 $48,557
Construction Value $9,122,500 $7,406,800 $8,837,000 Dwelling Unit 14 5 10 Farm Buildings 5 2 3
ICI Building 2 N/A N/A
Demolition 4 N/A N/A
Other 29 27 29
Q2 2024 total building permits have increased from the previous two Q2s, shown above. There was also an increase in new house permits and farm buildings issued in Q2 2024 when compared to the Q2s of the last two years. This increase in new house and farm building
permits also translates to an increase permit fees and construction value. Q2 follows the positive trend from Q1 2024, which saw an increase in permit fees, construction
value, and new house construction compared to Q1 2023.
STRATEGIC PLAN
Not applicable. RECOMMENDATION 1. THAT Staff Report DS-51/24 re 2nd Quarter Report be received for information.
Respectfully Submitted by: Scott Sutherland, CBCO Chief Building Official
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: July 18, 2024
REPORT: DS-53/24 FILE NO. C-07 / D13.JURE
Roll # 3401-000-006-04300 SUBJECT: Rezoning Application ZBA-09/24 Jurenas, P & P
10122 Sandytown Road, Eden
Draft Zoning By-law No. Z785-2024
BACKGROUND
Appointed Agent David Roe has submitted a rezoning application on behalf of Penny and Peter
Jurenas to rezone the property at 10122 Sandytown Road, east side, north of Maple Grove
Line. The lands are designated as ‘Agriculture’ and portions of ‘Natural Heritage’ on Schedule
‘A1’ (Land Use) in the Bayham Official Plan. The north-eastern portion of the lands are located
within ‘Hazard Lands’ and ‘Significant Woodlands’ overlay, which are associated with the
‘Natural Heritage’ designation, on Schedule ‘A2’ (Constraints) of the Bayham Official Plan. The
majority of the lands are zoned ‘Special Agricultural (A2)’, with the north-eastern portion being
‘LPRCA Regulation Limit’, on Schedule ‘A1’ Map No. 5 of the Municipality of Bayham Zoning
By-law No. Z456-2003. The purpose of this By-law Amendment is to facilitate the severance of an agricultural parcel and rezone the proposed Severed Lot from ‘Special Agricultural (A2)’ Zone to a ‘Site-Specific Special Agricultural (A2-21)’ Zone to permit a Minimum Lot Area of 18.4 hectares, whereas the Section 6.4 of the Zoning By-law requires a Minimum Lot Area of 20.0 hectares.
The effect of this By-law is to facilitate the severance of an agricultural parcel into two (2) distinct agricultural parcels as a Condition of Approval for the Elgin Land Division Committee
Consent Application file number E35-24. The public meeting was held on June 20, 2024 with an oral presentation by the Appointed Agent
David Roe and no written public submissions. DISCUSSION Staff Report DS-31/24 regarding the Consent Application E35-24 along with the planner’s
Staff Report DS-53/24 Jurenas 2
memorandum, dated April 10, 2024, was presented, considered and supported by Council on April 18, 2024. The Elgin Land Division Committee conditionally granted the application on May
22, 2024 including the condition to rezone the severed parcel. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the severed parcel from Special Agricultural (A2) Zone to Site-specific Special Agricultural (A2-21) zone to permit a minimum lot area of 18.41 ha for an agricultural parcel. STRATEGIC PLAN
Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-09/24 Jurenas
2. Draft Zoning By-law No. Z785-2024 RECOMMENDATION THAT Report DS-53/24 regarding the Jurenas rezoning application ZBA-09/24 be
received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our
Communities Act, 2015, it be pointed out that at the public participation meeting held June 20, 2024 associated with this application, there was one oral presentation by the appointed agent and no written submissions received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located in Part Lot 16 Concession 8, known municipally as 10122 Sandytown Road, from Special Agricultural (A2) to Site-specific Special Agricultural (A2-21) on the severed lot as a condition of Consent E35-24 to permit the severance of an agricultural parcel; AND THAT Zoning By-law No. Z785-2024 be presented to Council for enactment.
Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z785-2024
JURENAS
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule ‘A1’ Map No. 5 by changing the zoning symbol on the lands from ‘Special
Agricultural (A2)’ Zone to a ‘Site-Specific Special Agricultural (A2-21)’ Zone, which lands
are outlined in heavy solid lines and marked “A2-21” on Schedule ‘A1’ Map No. 5 to this
By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 6.12 Exceptions – Special Agricultural (A2) Zone by adding the following
clauses:
6.12.21.1 Defined Area
A2-21 as shown on Schedule ‘A1’ Map No. 5 to this By-law.
6.12.21.2 Minimum Lot Area
18.4 hectares
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 18TH DAY OF JULY 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: July 18, 2024
REPORT: DS-54/24 FILE NO. C-07 / D13.GILES
Roll # 3401-000-007-05220 SUBJECT: Rezoning Application ZBA-17/24 Giles, B
53510 Heritage Line, Richmond Draft Zoning By-law No. Z784-2024
BACKGROUND
Appointed Agent David Roe has submitted a rezoning application on behalf of Brian Giles to
rezone the property at 53510 Heritage Line, north side, east of Springer Hill Road. The lands
are currently designated as ‘Agriculture’ and ‘Natural Heritage’ in Schedule ‘A1’: Land Use in the
Municipality of Bayham Official Plan. The rear portion of the lands are designated ‘Hazard
Lands’ and ‘Significant Woodlands’ in Schedule ‘A2’: Constraints in the Bayham Official Plan.
The lands are currently zoned ‘Agricultural (A1)’ in Schedule ‘A1’, Map No. 4 in Zoning By-law
No. Z456-2003.
The purpose of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-46)’ Zone to permit the development of an Additional Residential Unit (ARU) within a proposed detached accessory building that is 213.0 percent
(371.6 m2) of the size of the principal farm dwelling (174.5 m2), whereas Section 4.2.f) of the Zoning By-law states that 25.0 percent (43.6 m2) is required for accessory use buildings accessory to principal farm dwellings on the subject property.
The effect of this By-law is to facilitate the development a proposed detached accessory building exceeding the maximum size of a non-farm accessory building for the purpose of personal storage, a workshop, and an ARU on the subject property. The public meeting was held on June 20, 2024 with an oral presentation by the Appointed Agent David Roe and no written public submissions. DISCUSSION The attached planner’s memorandum, dated July 10, 2024, provides a full analysis of the application against the Official Plan and Zoning By-law. The Owner wishes to place an ARU in an accessory building on the agricultural lands outside of the MDS I setback requirement of
Staff Report DS-54/24 Giles 2
225.0 metres from an existing livestock operation to the south. Further, the LPRCA have no
concerns with the location, as it is outside of the regulated areas and have issued a Permit to the landowner. The proposed ARU portion meets the Maximum Floor Area requirement, so there are no concerns with respect to the ARU size. The overall size of the accessory building
represents minimal coverage and would not present significant impacts to the neighbouring lots/surrounding area.
Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the parcel from Agricultural (A1) Zone to Site-specific Agricultural (A1-46) zone to permit the development of an Additional Residential Unit (ARU) within a proposed detached accessory building that is 213.0 percent (371.m2) of the size of the principal farm dwelling (174.5m2), whereas Section 4.2 f) of the Zoning By-law states that 25.0 percent (43.6 m2) is required for accessory use buildings accessory to principal farm dwellings on the subject property. STRATEGIC PLAN Not applicable.
ATTACHMENTS: 1. Rezoning Application ZBA-17/24 Giles 2. Arcadis Memorandum, dated July 10, 2024 3. Draft Zoning By-law No. Z784-2024 RECOMMENDATION
THAT Report DS-54/24 regarding the Giles rezoning application ZBA-17/24 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held June 20, 2024 associated with this application, there was one oral presentation by the appointed agent and no written submissions received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located in Part Lots 109 and 110 Concession 7 NTR, known municipally as 53510 Heritage Line, from Agricultural (A1) to Site-specific Agricultural (A1-46) to permit the development of an Additional Residential Unit (ARU) within a proposed detached accessory building that is 213.0 percent (371.6 m2) of the size of the principal farm dwelling (174.5 m2), whereas Section 4.2 f) of the Zoning by-law states that 25.0 percent (43.6 m2) is required for accessory use buildings accessory to principal farm dwellings on the subject property; AND THAT Zoning By-law No. Z784-2024 be presented to Council for enactment.
Staff Report DS-54/24 Giles 3
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
101-410 Albert Street
Waterloo, ON, N2L 3V3
www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date July 10th, 2024
From Christian Tsimenidis, BES Project No 3404 - 948
cc William Pol, MCIP, RPP
Subject Brian Giles - Application for Zoning By-law Amendment ZBA-
17/24, 53510 Heritage Line
Background
1. Arcadis has completed a review of the application for a Zoning By-law Amendment
submitted by Civic Planning Solutions Inc. (c/o David Roe) on behalf of Brian Giles,
owner of the subject property identified as 53510 Heritage Line, north side, and
east of Springer Hill Road. The applicant is requesting a Zoning By-law Amendment
to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific
Agricultural (A1-46)’ Zone to permit the development of an Additional Residential
Unit (ARU) within a proposed detached accessory building that is 213.0% (371.6
m2) of the size of the principal farm dwelling (174.5 m2), whereas Section 4.2.f) of
the Zoning By-law states that 25.0% (43.6 m2) is required for accessory use
buildings accessory to principal farm dwellings on the subject property.
2. The applicant intends to use the proposed accessory building for the purpose of
storing personal belongings, vehicles, a workshop, as well as an ARU. The ARU
portion of the accessory building will be approximately 108.0 m2 (1,162.5 ft2) in size,
while the remaining 263.6 m2 (2,837.4 ft2) will be used for personal storage and
workshop space.
3. The lands are currently designated as ‘Agriculture’ and ‘Natural Heritage’ in
Schedule ‘A1’: Land Use in the Municipality of Bayham Official Plan. The rear
portion of the lands are designated ‘Hazard Lands’ and ‘Significant Woodlands’ in
Schedule ‘A2’: Constraints in the Bayham Official Plan. The lands are currently
zoned ‘Agricultural (A1)’ in Schedule ‘A1’, Map No. 4 in Zoning By-law No. Z456-
2003.
Subject Property and Surrounding Area
4. The subject property has a lot area of approximately 22.9 hectares (56.7 acres),
estimated lot frontage of 272.0 metres (892.4 feet), and a lot depth of approximately
1,044.8 metres (3,427.8 feet). The subject property can be described as an
‘irregular shaped’ agricultural lot, with approximately 4.45 hectares (11.0 acres) of
ARCADIS MEMORANDUM
Municipality of Bayham – July 10th, 2024
2
workable land. The remaining portion of the subject property is a woodland and
ravine that is identified as a ‘Significant Woodland’ in the Bayham Official Plan and
regulated by the Long Point Conservation Authority (LPRCA). As per the
application package, the owner also produces maple syrup and has a sugar shack
in the wooded area.
5. The subject property comprises of an existing single-detached dwelling with a floor
area of 174.5 m2 (1,878.3 ft2). An existing detached garage and barn is also located
within close proximity of the single-detached dwelling. The barn is currently used
as a workshop and horse stable, consisting of two (2) horses, however, the
applicant has indicated that the owner may increase the number of horses to 4 or
6. Should the proposed oversized accessory building be approved by Council, the
owner will move the workshop from the barn to the new accessory building and re-
establish the additional stalls in the barn.
6. An existing access from Heritage Line is currently used to access the subject
property and will continue to be utilized by the owners. A new access is not
proposed, nor required for the proposed accessory building. An extension of the
existing driveway will be required to access the proposed accessory building. The
subject property is currently serviced by private well and private septic system. The
proposed ARU within the oversized accessory building will require private servicing
connections, which will be addressed at the Building Permit Application stage
should Council approve this proposal.
7. The subject property is predominantly surrounded by agricultural operations and
natural heritage features. Most notably, there is an active livestock farm operation
across the subject property, located at 53567 and 52565 Heritage Line. As part of
the submission package, the applicant completed Minimum Distance Separation I
(MDS I) calculations in order to determine the appropriate setback between
proposed new development (being an ARU for residential purposes) and existing
livestock operations. It was determined that a 225.0 metre setback is required from
the proposed accessory building (containing an ARU) and the existing livestock
operation to the south. The proposed location of the accessory building meets the
MDS I setback requirement.
Public Comments
8. A statutory Public Meeting was held on June 20th, 2024, and no written or verbal
feedback from the public was received. While not comments were received from
the public, the applicant/agent, David Roe, attended the meeting and provided a
presentation and circulated a handout to Bayham Council and members of the
public. The applicant/agent’s presentation provided additional details and
justification for the proposed accessory building, expressing that Council and Staff
support the proposal.
ARCADIS MEMORANDUM
Municipality of Bayham – July 10th, 2024
3
Municipality of Bayham Official Plan
9. The Bayham Official Plan designates the subject property as ‘Agricultural’ in
Schedule ‘A1’: Land Use. As per Section 2.1.1.2 of the Official Plan, all types, sizes,
and intensities of agricultural uses and normal farm practices will be permitted and
encouraged in the ‘Agriculture’ designation. Agriculture-related uses and secondary
uses will also be permitted in the ‘Agriculture’ designation provided they are
compatible with agricultural uses and do not contribute to land use conflicts. A
single-detached dwelling supported by accessory buildings is also permitted in this
land use designation.
10. Comment: The proposed accessory building will support the existing single-
detached dwelling and existing buildings/structures to remain on the subject
property, which are permitted uses. It is Arcadis’s opinion that proposed detached
accessory building that is 213.0% (371.6 m2) of the size of the principal farm
dwelling (174.5 m2) will still maintain the general intent and purpose of the Official
Plan, being that the low-rise nature and built form within the ‘Agricultural’
designation will be maintained. The overall size and massing of the building will not
have significant impacts to the neighbouring lots based on the location, as well as
it’s size relative to the 22.9 hectares (56.7 acres) of the subject property.
Further, it is Arcadis’s opinion that the proposed location of the oversized accessory
building is necessary to mitigate land use conflict with an existing livestock
operation to the south, located at 53567 and 52565 Heritage Line. Policy direction
with respect to livestock operations and MDS Formulae are outlined in Section 2.1.2
of the Official Plan. As per the MDS I calculations provided by the applicant, a
setback of 225.0 metres is required between the proposed accessory building/ARU
and existing livestock operation property. While locating the proposed accessory
building within close proximity of the existing building cluster would be Arcadis’s
preference, this would not meet the MDS I setback requirement and thus create a
land use conflict. Therefore, the proposed location and size of the proposed
oversized accessory building is in keeping with the ‘Agricultural’ designation.
11. Section 2.1.12 of the Official Plan provides policy direction with respect to Additional
Residential Units in the ‘Agricultural’ land use designation. ARUs are permitted
where a single-detached dwelling exists. Further, ARUs within the ‘Agricultural’ land
use designation shall not be used for seasonal farm labour as intended in the
supplementary farm dwelling policies of the Official Plan.
12. Comment: The applicant is proposing an ARU within a portion of the proposed
oversized accessory building and is considered a permitted use where a single-
detached dwelling is permitted. As per the applicant, the owner intends to live within
the ARU, while the owner’s son will live in the existing single-detached dwelling.
Therefore, the proposed ARU will not be used for housing seasonal farm labourers.
ARCADIS MEMORANDUM
Municipality of Bayham – July 10th, 2024
4
13. Section 4.7.1 of the Official Plan provides additional policy direction with respect to
Additional Residential Units, outlining specific criteria. Up to one (1) additional
residential unit may be permitted within a single detached dwelling or accessory
building on such lots where the lot is on private water and sewer services. Further,
the following criteria must be met:
a) The exterior building or site changes to permit the additional residential
unit shall maintain the general form and architectural character of the
building where possible. Additional on-site parking shall be required.
b) A maximum of one (1) connection to existing private and\or municipal
sewage and water services shall be available to service the accessory
residential unit(s) ancillary to the primary dwelling unit, to the satisfaction
of the Municipality and the Southwestern Public Health as required.
c) The additional residential unit shall be incidental to the primary permitted
residential use, and can be located within the primary residential building
or an ancillary structure in accordance to the Planning Act, as amended.
14. Comment: The subject property is currently on private servicing and is permitted
one (1) ARU within an accessory building. Based on the building and elevation
plans provided by the applicant, it is Arcadis’s opinion that the proposed detached
accessory building maintains the general form and architectural character of the
existing and surrounding buildings. Parking will also be available for the proposed
ARU. The proposed ARU within the oversized accessory building will require
private servicing connections, which will be addressed at the Building Permit
Application stage should Council approve this proposal. The ARU is also
considered “incidental to the primary permitted residential use”, as the ARU will be
108.0 m2 (1,162.5 ft2) in size, while the existing single-detached dwelling is 174.5
m2 (1,878.3 ft2). The proposed size of the ARU also meets the Maximum Floor Area
requirement of the Zoning By-law, which is discussed further in this Memo below.
15. The subject property is also designated ‘Natural Heritage’ in Schedule ‘A1’: Land
Use of the Official Plan. More specifically, the rear portion of the lands are
designated ‘Hazard Lands’ and ‘Significant Woodlands’ in Schedule ‘A2’:
Constraints in the Official Plan.
16. Comment: The proposed accessory building is located beyond the limits of the
‘Hazard Lands’ and ‘Significant Woodlands’, more specifically the LPRCA
regulation limit. As per previous correspondence between the owner and LPRCA,
the LPRCA had no concerns with the proposed accessory building relative to the
regulated lands based on the location/setbacks. An LPRCA permit was issued and
submitted as part of the Zoning By-law Amendment Application. Therefore, it is
Arcadis’s opinion that the proposed accessory building maintains the general intent
ARCADIS MEMORANDUM
Municipality of Bayham – July 10th, 2024
5
and purpose of the Natural Heritage and Natural Hazards policies in the Official
Plan.
Based on the analysis provided above, it is Arcadis’s opinion that the proposed
Zoning By-law Amendment Application would conform to the Bayham Official Plan.
Municipality of Bayham Zoning By-law
17. The subject property is currently zoned ‘Agricultural (A1)’ in Schedule ‘A1’, Map No.
4 in Zoning By-law No. Z456-2003. As per Section 5.2, the A1 Zone permits
accessory uses, such as the proposed detached accessory building for the purpose
of personal storage, a workshop, and ARU. As per Section 4.2.f) of the Zoning By-
law, an accessory building or use shall not exceed ten (10) percent coverage of the
total lot area except in the case of accessory use buildings accessory to principal
farm dwellings, the size of accessory buildings is limited to 25% of the size of the
principal farm dwelling excluding main farm buildings such as barns, greenhouses,
stables and driving sheds. The intent of this regulation is to limit the size of non-
farm buildings on agricultural lots in order to avoid large scale accessory buildings
that are not relevant to the primary agricultural operation which may have an impact
to the surrounding area, neighbours, and agricultural lands.
18. Comment: The applicant is proposing a detached accessory building that is
213.0% (371.6 m2) of the size of the principal farm dwelling (174.5 m2), whereas
Section 4.2.f) of the Zoning By-law states that 25.0% (43.6 m2) is required for
accessory use buildings accessory to principal farm dwellings on the subject
property. As mentioned throughout this Memo, the intent of the proposed accessory
building is to store personal belongings, vehicles, a workshop, as well as an ARU.
It is Arcadis’s opinion that the proposed oversized accessory building meets the
general intent and purpose of the Zoning By-law, as the size of the subject property
of the detached garage mitigates adverse impacts to the adjacent lots and public
realm for the following reasons. The Maximum Floor Area of 371.6 m2 represents
an equivalent lot coverage of 0.16%, and if combined with the existing single-
detached dwelling (258.0 m2), detached garage (106.0 m2), and barn (210.0 m2),
this would equate to a total lot coverage of approximately 0.4% for all
buildings/structures on the subject property, whereas 20% is the Maximum Lot
Coverage for ‘A1’ Zone.
Further, it is Arcadis’s opinion that the location of the proposed accessory building
is appropriate in order to mitigate land use conflicts between the proposed
accessory building/ARU and existing livestock operations to the south based on the
MDS I calculations submitted. While locating the proposed accessory building
within close proximity of the existing building cluster would be Arcadis’s preference,
this would not meet the MDS I setback requirement of 225.0 metres and thus create
ARCADIS MEMORANDUM
Municipality of Bayham – July 10th, 2024
6
a land use conflict. In addition, the proposed location of the accessory building is
outside of LPRCA regulated lands due to the natural heritage features on the
subject property. As such, it is Arcadis’s opinion that the overall lot coverage of
buildings/structures on the subject property as a result of the proposed accessory
building will not have significant impacts to the surrounding area, neighbours, and
agricultural lands.
19. Section 4.59 of the Zoning By-law outlines the regulations pertaining to ARUs as
follows:
a) A maximum of one second dwelling unit shall be permitted on one lot;
Comment: The applicant is proposing one (1) ARU on the subject property.
b) A minimum of one parking space dedicated to the second dwelling unit
shall be provided;
Comment: The applicant is providing a minimum of one (1) parking space for
the proposed ARU.
c) Where the second dwelling unit is located within an accessory building the
zoning regulations for an accessory building shall be complied with;
Comment: As previously noted in this Memo, the proposed accessory
building does not comply with Section 4.2.f) of the Zoning By-law. Please refer
to the analysis provided above in Paragraph 18 of this Memo.
d) The second dwelling unit shall be connected to the municipal water supply
system and the municipal sanitary sewage system where such services
are available;
Comment: Not applicable, see below.
e) The second dwelling unit shall, where connection to the municipal water
system or sanitary sewage system is not available, be connected to an
approved private on-site water system and/or an approved private on-site
sewage system demonstrating the on-site servicing has sufficient capacity
for the additional dwelling;
Comment: The subject property is currently serviced by private well and
private septic system. The proposed ARU within the oversized accessory
building will require private servicing connections, which will be addressed at
the Building Permit Application stage should Council approve this proposal.
f) The second dwelling unit gross floor area shall not be greater than 40% of
the combined total gross floor area of both the primary and second
dwelling units;
ARCADIS MEMORANDUM
Municipality of Bayham – July 10th, 2024
7
Comment: Based on the size of the proposed ARU and existing primary
dwelling, a Maximum Floor Area of 113.0 m2 (1,216.32 ft2) for an ARU is
permitted. Therefore, the proposed ARU with a Maximum Floor Area of 108.0
m2 (1,162.5 ft2) will meet the requirement.
g) The requirements of the Ontario Building Code shall be complied with.
Comment: To be addressed at the Building Permit Application stage should
Council approve this proposal.
h) The exterior building or site changes to a dwelling to permit a second
dwelling unit in an existing primary dwelling building maximum floor area
increase shall be 10%, and the changes should account for maintaining
the general form and architectural character of the building where
possible.
Comment: Not applicable, as the proposed ARU will not be located within
the existing single-detached building.
Based on the analysis provided above, it is Arcadis’s opinion that the proposed Zoning
By-law Amendment Application meets the general intent and purpose of the Bayham
Zoning By-law.
Conclusion and Recommendations
20. Based on our review, Arcadis has no objection to the requested Zoning By-law
Amendment Application to rezone the subject property from ‘Agricultural (A1)’ Zone
to a ‘Site-Specific Agricultural (A1-46)’ Zone to permit the development of an
Additional Residential Unit (ARU) within a proposed detached accessory building
that is 213.0% (371.6 m2) of the size of the principal farm dwelling (174.5 m2),
whereas Section 4.2.f) of the Zoning By-law states that 25.0% (43.6 m2) is required
for accessory use buildings accessory to principal farm dwellings on the subject
property.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z784-2024
GILES
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule ‘A1’ Map No. 4 by changing the zoning symbol on the lands from ‘Agricultural
(A1)’ Zone to a ‘Site-Specific Agricultural (A1-46)’ Zone, which lands are outlined in
heavy solid lines and marked “A1-46” on Schedule ‘A1’ Map No. 4 to this By-law, which
schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.46.1 Defined Area
A1-46 as shown on Schedule ‘A1’ Map No. 4 to this By-law.
5.12.46.2 Regulations for Accessory Buildings
Notwithstanding the provisions of Section 4.2.f) of this By-law, an
accessory building/structure that is 213.0% (371.6 m2) of the size of the
principal farm dwelling (174.5 m2) erected after the date of passing of this
By-law shall be permitted. This excludes main farm buildings such as
barns, greenhouses, stables and driving sheds.
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 18TH DAY OF JULY 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: July 18, 2024
REPORT: DS-55/24 FILE NO. C-07 / D11.1128PRO
Roll # 3401-000-006-06700 SUBJECT: Subdivision Agreement – 11:28 Properties Inc.
County of Elgin File No.: 34T-BY2201 Eden East Subdivision, Eden
BACKGROUND
On June 2, 2022, a public participation meeting was held in regards to the Draft Plan of
Subdivision 34T-BY2201 for 11:28 Properties Inc, known as the Eden East Subdivision, Plank
Road, in Eden.
Following on January 5, 2023, Council received Staff Report DS-01/23 regarding the Draft Plan
of Subdivision 34T-BY2201 for 11:28 Properties Inc. and recommended to the County of Elgin
several Conditions of Approval for their consideration of the Draft Plan of Subdivision. County
Council conditionally approved the Draft Plan of Subdivision 34T-BY2201 on February 14, 2023
and issued the Notice of Decision, dated February 27, 2023, with thirty-one (31) conditions,
nineteen (19) of which are municipal conditions for final plan of approval for registration.
DISCUSSION Staff have been working with the Owner and engineers for months on the subdivision agreement as they have been finalizing their technical design plans for the Eden East
Subdivision. The Subdivision is being proposed in two (2) phases - Phase 1 with 23 lots, and Phase 2 with
10 lots. The underground services will be completed in Phase 1. Dwelling construction will be done over the two phases with the condition that upon the completion of each phase of the plan of subdivision, the Owner shall report and confirm to the Municipality the remaining capacity of the sanitary sewer system in Eden to the satisfaction of the Municipality. The risk is on the Owner by constructing the underground infrastructure prior to approval to continue with Phase 2 dwelling construction.
Staff Report DS-55/24 11:28 Properties Inc 2
Securities have been calculated based upon the estimated construction costs for each Phase. Securities are collected and held by the Municipality to guarantee that certain infrastructure
works are constructed and completed to industry specifications. The collection of securities provides risk management for the Municipality by providing the Municipality with a mechanism to complete the works should the applicant choose not to complete the project. Storm water management pond requirements for installation and maintenance have been included in the Agreement that will provide for the Municipality to eventually take responsibility for this infrastructure as part of the our Environmental Compliance Approval (ECA) and the Consolidated Linear Infrastructure (CLI). The Owner agrees to the contents of the Agreement and looks forward to moving this project along in 2024.
Staff are recommending approval of the Subdivision Agreement as presented with draft By-law No. 2024-045.
STRATEGIC PLAN
Not Applicable
ATTACHMENTS 1. Notice of Decision File No: 34T-BY2201, dated February 27, 2023 2. Draft By-law No. 2024-045 - Subdivision Agreement 11:28 Properties Inc. Draft Plan of Subdivision 34T-BY2201 RECOMMENDATION
THAT Report DS-55/24 regarding the Subdivision Agreement 11:28 Properties Inc. Draft Plan of Subdivision 34T-BY2201 be received; AND THAT the Council of The Corporation of the Municipality of Bayham authorize the execution of a Subdivision Agreement between the Municipality and 11:28 Properties Inc. to permit the completion of the Eden East Subdivision in two Phases in the hamlet of Eden; AND THAT By-law No. 2024-045 be presented for enactment.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-045
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN 11:28 PROPERTIES INC. AND
THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A PLAN OF SUBDIVISION, KNOWN AS THE EDEN EAST SUBDIVISION, HAMLET OF EDEN, MUNICIPALITY OF BAYHAM.
THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT the agreement affixed hereto as Schedule “A”, being a subdivision agreement with 11:28 Properties Inc., is hereby approved and the Mayor and Chief Administrative Officer are hereby authorized and directed to execute the same.
2. THAT the agreement is to be registered on title to the lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY 2024. ___________________________ _____________________________ MAYOR CLERK
1
SUBDIVISION AGREEMENT
BETWEEN
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
- and -
11:28 PROPERTIES INC.
PART LOT 11, PLAN 258 AND PART OF NORTH ½ LOT 22 CONCESSION 8; BAYHAM, DESIGNATED AS PART 1 ON 11R11147; MUNICIPALITY OF BAYHAM 34T-BY2201 EDEN EAST SUBDIVISION
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INDEX 1. DEFINTIONS AND INTERPRETATION
1.1. DEFINITIONS
1.2. HEADINGS
1.3. SECTION REFERENCES
1.4. PLANS AND SCHEDULES
1.5. SEVERABILITY
1.6. FINAL AUTHORITY
1.7. EFFECTIVE RESPONSIBILITY
1.8. APPLICABLE PROVINCIAL STATUTES
2. REGISTRATION OR TERMINATION
2.1. FINAL CONSENT BY THE MUNICIPALITY
2.2. REGISTRATION OF AGREEMENT
2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS
2.4. PRE-REGISTRATION SERVICING
3. MUNICIPAL SERVICES BY THE SUBDIVIDER
3.1. CONSULTING ENGINEERS
3.2. MUNICIPAL SERVICES
3.3. STORM WATER MANAGEMENT
a) EXISTING DRAINS
b) STORM WATER MANAGEMENT DURING DEVELOPMENT
c) STORM WATER MANAGEMENT FACILITIES
d) MAINTENANCE OF EXISTING STORM WATER MANAGEMENT
FACILITIES
3.4. SANITARY SEWAGE
3.5. NECESSARY EXTERNAL SERVICES
3.6. SERVICES REQUIRED
3.7. TIME OF CONSTRUCTION
4. FINANCIAL OBLIGATIONS
4.1. SUBDIVIDER EXPENSE
4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY
4.3. SERVICING COST SUMMARY, INFRASTRUCTURE
4.4. SECURITY FOR PERFORMANCE
4.5. INDEMNIFICATION AND INSURANCE
4.6. PARKLAND CONTRIBUTION ACKNOWLEDGMENT
4.7. DEVELOPMENT CHARGES
4.8. TAXES
4.9. INTEREST PAYABLE
4.10. ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE
5. LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER
5.1. DEDICATION OF FUTURE STREETS
5.2. CONVEYANCES BY SUBDIVIDER
6. GRADING OF LOTS AND STREET
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6.1. ADHERENCE TO GRADING PLANS
6.2. LOT GRADING PLANS
6.3. GRADING CERTIFICATION
7. LOT DEVELOPMENT
7.1. ZONING BY-LAW
7.2. BUILDING PERMITS
7.3. LOT DEVELOPMENT PLANS
7.4. MODEL HOMES
7.5. OCCUPANCY OF UNITS
7.6. BUILDING COVENANT – NO DUPLICATION
8. NOTICES AND FURTHER REQUIREMENTS
8.1. STREET PARKING RESTRICTIONS
8.2. COMMUNITY MAILBOXES
8.3. FUTURE SIDEWALK CONNECTIVITY
8.4. SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD AND LONDON DISTRICT CATHOLIC SCHOOL BOARD
8.5. ARCHAELOGICAL ASSESSMENT
8.6. GROUNDWATER/SOILS TESTING
9. SPECIAL PROVISIONS
9.1 STREET NAMES
9.2 MULTI-WELL PUMPING TEST
9.3 DESKTOP REVIEW SUSTAINABLE YIELD OF GROUNDWATER
9.4 RE-SAMPLING OF TEST WELL 3
10. CONSTRUCTION AND APPLICABLE STANDARDS
10.1. CONSTRUCTION CONTRACT(S) APPROVAL
10.2. INSPECTION AND ENTRY
10.3. USE OF PUBLIC HIGHWAY
10.4. LIENS
10.5. STANDARDS APPLICABLE TO SERVICE INSTALLATIONS
a) ROAD DESIGN AND CLASS OF ROADS
b) SOIL CERTIFICATES – ROADS AND UNDERGROUND SERVICES
c) TREE PLANTING
d) TEMPORARY TURN AROUND DESIGN
e) SANITARY SEWER SYSTEM
i. SEPARATION
ii. INSPECTION RECORD
11. FURTHER COVENANTS
11.1. DEFAULT
11.2. REPAIR OF SERVICES
11.3. MUNICIPALITY PERFORMING WORKS
11.4. MAINTENANCE OF SERVICES
11.5. ALLOCATION OF SEWAGE CAPACITY
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11.6. VEHICLE CLEANING OBLIGATIONS
12. MAINTENANCE SECURITIES, SUBSTANTIAL COMPLETION AND ASSUMPTION
12.1. MAINTENANCE SECURITIES
12.2. CERTIFICATE OF SUBSTANTIAL COMPLETION
12.3. WARRANTY PERIOD
12.4. CERTIFICATE OF ASSUMPTION
12.5. NO WINTER INSPECTION
13. GENERAL PROVISIONS
13.1. TIME IS OF THE ESSENCE
13.2. NOTIFICATION
13.3. PRIORITY OF MUNICIPALITY ACTIONS
13.4. DELEGATION OF MUNICIPAL RESPONSIBILITIES
13.5. ASSIGNMENT OF OBLIGATION
13.6. ESTOPPEL
13.7. ENTIRETY
13.8. SUCCESSOR OBLIGATIONS AND BENEFIT
13.9. SUCCESSION
SUMMARY OF SCHEDULES
SCHEDULE “A” - Legal Description
SCHEDULE “B1” - Subdivision Phasing Plan
SCHEDULE “B2” - Draft Plan of Subdivision - ‘M’ Plan
SCHEDULE “C” - Blocks & Easements to be Transferred by Subdivider
SCHEDULE “D” - Engineering Drawings List and Descriptions
SCHEDULE “E1” - Estimated Construction Costs (Lots 1-33 Fronting Bruce Street and Bailey Court) One Phase
SCHEDULE “E2” - Implementation Schedule – Phase 1 and Phase 2
5
THIS SUBDIVISION AGREEMENT made this day of 2024.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
hereinafter called the “Municipality”
OF THE FIRST PART
- and -
11:28 PROPERTIES INC., a corporation incorporated under the laws of the
Province of Ontario and having its registered office in the County of Norfolk
hereinafter called the “Subdivider”
OF THE SECOND PART
WHEREAS the Subdivider is the registered and beneficial owner of the lands (hereinafter
referred to as the “Lands”) situate in the Municipality of Bayham in the County of Elgin,
more particularly described in Schedule “A” attached to and forming part of this Subdivision Agreement;
AND WHEREAS the Municipality is the registered and beneficial owner of the lands situate in the Municipality of Bayham in the County of Elgin, and described as: PART LOT 11, PLAN 258 AND PART NORTH ½ LT 22 CONCESSION 8 BAYHAM, DESIGNATED AS PART 1
ON 11R-11147; BAYHAM;
AND WHEREAS the Subdivider and the Municipality have agreed that the development of the
Lands, in accordance with the Plan and this Subdivision Agreement, which development, for purposes of development phasing, as evidenced by the Decision of the County of Elgin dated February 14, 2023, File No. 34T-BY2201;
AND WHEREAS the Subdivider has agreed with the Municipality to comply with the conditions contained in the Notice of Decision, File No. 34T-BY2201, dated February 14,
2023.
AND WHEREAS the Plan proposed by the Subdivider includes a residential subdivision area
to be developed in two phases, consisting of a 33-lot subdivision in two Phases – Phase 1 Lots 1-17 and Lots 28-33 and Phase 2 with Lots 18-27;
AND WHEREAS Subsection 51(26) of the Planning Act, R.S.O. 1990, c. P 13 provides that a municipality may enter into one or more agreements imposed as a condition to the approval of a plan of subdivision and the agreement(s) may be registered against the land to which it
applies and the municipality is entitled to enforce the provisions to the agreement against the owner of the lands and subject to the Registry Act, R.S.O. 1990, c. R. 20 and the Land Titles
Act, R.S.O. 1990, c. L.5, against any and all subsequent owners;
AND WHEREAS the Subdivider has agreed with the Municipality to comply with the Municipality’s requirements with respect to the construction of all servicing to be completed in one phase for the lands proposed to be subdivided in two phases and other
matters as hereinafter set forth;
NOW THEREFORE THIS SUBDIVISION AGREEMENT WITNESSETH that the Parties
hereto in consideration of other good and valuable consideration and the sum of ONE DOLLAR ($1.00) of lawful money of Canada by each to the other paid (the receipt and sufficiency whereof is hereby by each acknowledged), covenant and agree each with the other as follows:
1. DEFINITIONS AND INTERPRETATION
1.1. DEFINITIONS
For purposes of this Agreement the following words and phrases, where capitalized,
shall be deemed to have the following meanings:
6
a) “Agreement” means this Agreement made pursuant to Sections 50(3)(a), 51.1 and 51.1(25), (26) of the Planning Act, R.S.O. 1990 c. P 13 as amended including all
schedules and amendments hereto;
b) “Approval Authority” shall have the same meaning set out in Section 51 of the
Planning Act. As the upper tier municipality within which the Lands are located, the County of Elgin is the delegated approval authority under 51(4) of the Planning Act, for purposes of Section 51 of the Planning Act;
c) “Assumption” and “Assumed” shall have the meaning set out in the Substantial Completion and Assumption process described in Section 12;
d) “Block(s)” mean a Block as identified as such on the Plan;
e) “Conservation Authority” means the Long Point Region Conservation Authority and its successors and assigns.
f) “Consulting Engineer” means the Registered Professional Engineer or firm of
engineers retained by the Subdivider in compliance with 3.1;
g) “County” means The Corporation of the County of Elgin and its successors and assigns;
h) “Engineer” shall mean a licensed Professional Engineer who carries current Professional Liability Insurance and holds a current certificate of authorization issued by the Association of Professional Engineers of the Province of Ontario or is employed by a partnership or corporation authorized by the Association of
Professional Engineers of Ontario to offer professional engineering services to the public;
i) “Engineering Drawings” means the Engineering Drawings approved by the Municipality Engineer and attached as Schedules to this agreement;
j) “Final Inspection” shall mean the inspection of services performed by or on behalf of the Manager or by the Manager of Public Works where applicable, after the two-year period of Conditional Assumption of services described in Section 12;
k) “Front-Ended” describes capital facilities, services or works that are partially or
wholly for the benefit of lands outside the Plan but are being installed, constructed or otherwise provided and initially paid for by the Subdivider as a requirement of this Agreement with the provision that the Subdivider will have a right to future reimbursement for same as Development Charges or other payments are collected from the owners or developers of the benefiting lands outside the Plan;
l) “Lands” means the Lands described in Schedule “A” to this Agreement;
m) “Lot” means a Lot identified as such on the Plan;
n) “Maintenance Period” means the period of time from the date of issuance of the
Certificate of Substantive Completion for the Works and Services as described on Schedule “E1” to which the same relates until the date of issuance of the Certificate of Assumption for the same Works and Services During which period the Owner shall be responsible for the repair and maintenance of all such Works and Services as Described on Schedule “E1”.
o) “Manager” means the Municipality’s Manager of Public Works and the Manager’s
assigned designates of the Municipality;
p) “Municipality Engineer” means the Engineer duly authorized and appointed by the
Municipality at the relevant time;
q) “Municipality's Solicitor” means the solicitor duly authorized and appointed by the Municipality at the relevant time.
r) "Necessary External Services” means: (i) services to be constructed by the Subdivider outside of the Lands which are, in the opinion of the Municipality Engineer, necessary for the orderly and efficient development of the Lands, and
(ii) also means services located within the Plan which benefit lands outside the
Plan but are deemed by the Manager to be necessary to the Plan and are eligible capital costs within the meaning of the Developmental Charges Act S.O. 1997 Chapter 27;
s) “Plan” means the Draft Plan of Subdivision, attached hereto and identified as
7
Schedule “B” showing the development of a 33-lot subdivision in two Phases – Phase 1 with 23 lots and Phase 2 with 10 lots;
t) “Pre-Servicing” and “Pre-Service” means any and all work performed in relation to the construction or installation of any of the Services on the Lands set out in the
Engineering Drawings attached as Schedules to this Agreement prior to approval and registration of the Plan and registration of this Agreement;
u) “Services” means any or all of the services required to be provided under this Agreement as shown on the Engineering Drawings attached as Schedules to this Agreement and approved amendments thereto and shall include all earthworks, equipment and structures appurtenant thereto. The term “Services,” where used
herein, may mean a service or a part thereof individually, or services or parts thereof collectively, as context requires;
v) “Subdivider” is identified above but shall also, where the context permits, mean subsequent Owner(s) who receive title to one or more lots and blocks within the Plan before or after development within such lot(s) or block(s). “Owner” shall be considered an alternate term for Subdivider for purposes of this Agreement;
w) “Water/Wastewater Operations Manager” means the Manager of Water/Wastewater
Operations and Capital Projects.
x) “Works” shall mean the servicing work required of the Subdivider by this Agreement.
1.2. HEADINGS
The headings to the Sections of this Agreement are for convenience only and are not to be considered a part of this Agreement and do not in any way limit or amplify the terms and conditions of this Agreement.
1.3. SECTION REFERENCES
References herein to provisions of this Agreement by numbers and letters shall without further explanation mean the corresponding section, subsection and/or paragraph of this Agreement.
1.4. PLANS AND SCHEDULES
The plans and schedules attached hereto and marked as Schedules “A” through
“E2” are hereby incorporated into and form part of this Agreement. An index naming all Schedules is included at the end of the general index at the front of this Agreement.
The Parties agree that Schedules “B1”, “B2”, “C”, “D”, “E1” and “E2” hereto are uninitialed, photographically reduced copies of plans initialed by the Parties on the execution of this Agreement and that such initialed plans form part of this Agreement. The Parties further agree that in the event any part or parts of the said Schedules are
illegible or conflict with the initialed “original plan” from which it was made, the initialed plan shall prevail and shall be deemed to be a part of this Agreement.
1.5. SEVERABILITY
If any provisions of this Agreement or the application thereof to any circumstances shall be held to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall attach only to such impugned provision and shall not affect any or all other provisions of this Agreement. The remaining provisions of this Agreement
or the application thereof to other circumstances shall not be affected thereby and shall
be valid and enforceable to the fullest extent permitted by law.
1.6. FINAL AUTHORITY
Where there is any conflict between the servicing requirements or other requirements and standards of the Municipality and those of any other regulatory body having jurisdiction, the more exacting requirement or standard shall prevail. In the event of any dispute as to which is more exacting, the decision of the Municipality’s Engineer shall
be final as between the Subdivider and the Municipality.
1.7. EFFECTIVE RESPONSIBILITY
Every provision of this Agreement by which the Subdivider is obligated in any way is
deemed to include the words “at the expense of the Subdivider and to the Municipality’s satisfaction”, unless specifically stated otherwise.
1.8. APPLICABLE PROVINCIAL STATUTES
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a) Reference to any Statute herein shall be deemed to include past and future amendments in force at the time of this Agreement or subsequent hereto and any successor legislation that may replace such statute.
b) In this Agreement, “the Act” shall mean the Planning Act, R.S.O. 1990, c. P 13, as
amended.
2. REGISTRATION OR TERMINATION
2.1. FINAL CONSENT BY THE MUNICIPALITY
Following (i) the execution of this Agreement, (ii) completion of those covenants required to be fulfilled by the Subdivider upon execution and at other times prior to registration, (iii) final Plan approval by the Approval Authority, and (iv) registration of the Plan by the Subdivider and assignment by the Land Titles office of PINs for the lots and blocks laid out in the Plan, the Municipality shall deliver this Agreement for registration on title to
the Lands. Execution of this Agreement shall constitute sufficient consent by the parties for the Solicitor for the Municipality to register this Agreement against title to the Lands at the cost of the Subdivider, without further written authorization.
2.2. REGISTRATION OF AGREEMENT
Despite Section 2.1, above, and in accordance with Section 53(1) of the Ontario Water
Resources Act, R.S.O. 1990, c. O.40, neither the Plan nor this Agreement shall be
registered against the Lands until an environmental compliance approval for sewage
works has been issued by the Ontario Ministry of Environment, Conservation and Parks.
2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS
The Subdivider shall satisfy all preconditions for the registration of this Agreement as identified above and shall provide written notice to the Municipality of same within six (6) months of the effective date of this Agreement. If the Subdivider fails to provide such notice within this time, the Agreement may be terminated by the Municipality in the Municipality’s sole discretion, upon the provision of written notice to the Subdivider, in
which case the respective obligations of the Subdivider and the Municipality shall terminate forthwith.
The Subdivider hereby expressly agrees not to apply for any building permits until final approval of the Plan has been obtained and the Plan together with this Agreement are registered on title to the Lands, and furthermore agrees that this provision may be pleaded by the Municipality in any action or proceeding as an estoppel of any claim
arising from a denial of any such rights and permits.
3. MUNICIPAL SERVICES BY THE SUBDIVIDER
3.1. CONSULTING ENGINEERS
a) The Subdivider agrees to retain a Registered Professional Engineer as the
Consulting Engineer of the Subdivider to carry out all engineering and supervise the work required to be done for the development of the Lands. The Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally assumed by the Municipality in
accordance with this Agreement.
The Subdivider shall notify the Municipality in writing, to identify the Subdivider’s
Consulting Engineer of record for the completion of the entire project described in this Agreement.
The Subdivider shall notify the Municipality in writing in the event that unavoidable circumstances necessitate appointment of a successor Consulting Engineer prior to completion of all Consulting Engineer responsibilities and duties under this
Agreement. As a condition of retaining a replacement Consulting Engineer, the
Subdivider shall require that the successor shall provide an undertaking to the Municipality that the successor Consulting Engineer will be in a position to furnish to the Municipality the required certification of works or services installed or partially installed prior to the hiring of the successor Consulting Engineer and to provide as-
constructed drawings of all Services and other works required under this Agreement.
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b) The Subdivider agrees that the Consulting Engineer’s responsibilities shall include but not be limited to the following:
i. design all the works for the construction and installation of Services required by this Agreement in accordance with standards of the
Municipality and applicable statutes and regulations;
ii. prepare plans, profiles, and specifications for the said Services and submit detailed plans, profiles and specifications to the Municipality for approval prior to the installation of the Services described therein;
iii. obtain, in conjunction with the Municipality when necessary, all the necessary approvals required prior to the construction of Services;
iv. make available to the Municipality and the Municipality Engineer, where requested by the Municipality or the Municipality Engineer, any of the
contracts for construction and installation of the Services;
v. supervise construction of the Services and all work involved;
vi. maintain all records of construction of the Services;
vii. upon completion of the Services, supply to the Municipality as-constructed drawings on mylar or equivalent, as well as in digital format, of all the Services as constructed and installed by contractors under this Agreement;
viii. on completion of construction of the Services to supply the Municipality and the Municipality Engineer with a certificate that the execution of all
constructions of Services was in accordance with the approved plans and specifications;
ix. supervise the construction of any remedial work required by the Municipality;
x. design and monitor lot grading in accordance with the approved grading plan attached as a Schedule to this Agreement. The execution and maintenance of such work should address lot grading, soil conservation
and erosion control to the satisfaction of the Municipality Engineer, including methods of controlling sediment during construction as well as possible downstream impacts and minimization of any environmental impacts that might be identified;
xi. if applicable, for the exporting of soils, the Subdivider shall conform with O. Reg. 406/19 Excess Soil Management.
c) The Subdivider acknowledges that the Municipality will rely on inspections, interim
and final reports, and certifications performed and provided by the Consulting Engineer. This shall not restrict the Municipality and/or the Municipality Engineer’s right to investigate, inspect and review construction and installation of the Services at any stage.
3.2. MUNICIPAL SERVICES
The following Services are to be provided in accordance with Engineering Drawings attached as Schedule “D” to this Agreement for the two Phases:
UNDERGROUND SERVICES
a) sanitary sewers and appurtenances;
b) private drain connections to sanitary sewers;
c) storm sewers and appurtenances;
d) private drain connections to storm sewers;
e) catch basins and leads;
f) gravelled or recycled asphalt road base;
g) dry hydrant for fire suppression;
h) hydro services;
ABOVE GROUND SERVICES
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i) curbs and gutters, concrete sidewalks as shown on the Engineering Drawings, listed on attached Schedule “D” to this agreement;
j) concrete or asphalt driveway approaches from the curb to the sidewalk where sidewalks are required;
k) asphalt pavement of driveway approaches to the property lines where
sidewalks are not required;
l) asphalt pavement of the streets including top coat of asphalt and constructed in accordance with the municipality standards for streets;
m) street name signs and Highway Traffic Act street signs;
n) LED street lighting with underground wiring in front of the lots (and designated blocks);
o) sodding in the boulevard areas between the curbs and property lines;
p) tree planting in areas between curbs and lot lines.
3.3. STORM WATER MANAGEMENT
a) EXISTING DRAINS
The Subdivider will maintain in operation all drains in use on the Lands during the construction of all services and dwellings and repair same in a proper workmanlike manner, provided always that the Subdivider shall have the right to relocate the
said drains, in accordance with plans and specifications approved in writing by the Municipality Engineer prior to commencement of the construction of services and dwellings and not otherwise, provided that such relocation shall be made under the supervision of the Consulting Engineer and subject to periodic inspections which may be made by the Municipality and/or the Municipality Engineer.
b) STORM WATER MANAGEMENT DURING DEVELOPMENT
i. The Subdivider shall manage the storm drainage generated from the Lands in compliance with the design criteria as previously set out in the 11:28 Properties Inc. Subdivision Storm Water Management Report Eden Municipality of Bayham Elgin County prepared by CJDL Engineers
Rev 1 dated 21 May 2024 as approved by the Municipality Engineer.
ii. The Subdivider shall implement erosion and sedimentation control measures identifying best management practices for the development within the Lands. These measures must be designed by CJDL Engineering Ltd., approved by the Municipality Engineer and installed prior to any construction or the
commencement of any earth moving operations. iii. The Subdivider shall prepare a silt/erosion control plan to be submitted with the subdivision grading plan. iv. The Subdivider shall ensure storm drainage and storm water management for all development with the Plan are self-contained and designed/constructed in
a manner which does not negatively affect the surrounding areas.
v. All storm water from roof downspouts, driveways and other impervious areas shall be directed to the fronting streets, within the Plan, where possible. The Subdivider shall include in all offers of purchase and sale a notice of the responsibility of the purchaser to fulfill these requirements.
vi. The installation of the erosion control measures for this development, as
shown on the Engineering Drawings are to remain in place and maintained, until the development of all the lots within the Plan is fully complete. vii. The Subdivider shall conduct regular inspections every two weeks and after each sizeable storm event of all sediment and erosion control works,
structures and measures in the approved storm water management
plan/report and maintain an inspection log which shall state the name of the inspector, date of inspections and the rectification or replacement measures which were undertaken to maintain the sediment and erosion control measures. Such measures are to be to the satisfaction of the Municipality
Engineer. Such inspections are to continue until the Municipality has
assumed the Services of the Plan or until such later time as any further warranty period provided with respect to a storm water management facility
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has terminated or until the Municipality Engineer has confirmed in writing that site construction warrants cessation of the visits. viii. The Subdivider shall:
- provide a copy of the final grading plan and the silt/erosion containment plan, included with the Engineering Drawings listed on attached Schedule “D” to this Agreement, to the outlet Authority, namely the Conservation Authority, for review and comment;
- identify to the Conservation Authority and the Municipality the site contacts
responsible for the monitoring schedule to be implemented above;
- provide to the Conservation Authority and the Municipality a written update of sediment and erosion control inspections and maintenance activities following all storm events;
- submit a final storm water management report to the Municipality and the
Conservation Authority for review and approval;
- complete any necessary applications under the Drainage Act to provide a legal outlet for storm water use;
- ensure that any environmental protection measures recommended in the storm water management plan, that are not capable of being addressed
under the Ontario Water Resources Act, be implemented through the Subdivision Agreement. c) STORMWATER MANAGEMENT FACILITIES
The Subdivider shall construct storm water management facilities (SWMF) in
accordance with Municipality standards and the Engineering Drawings which are in Schedule D to this agreement and in accordance with the final approved SWMF report. The Subdivider further agrees that the Municipality Engineer may direct the Subdivider to make any corrections or perform any necessary changes to comply with the Engineering Drawings.
d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES
i. The Subdivider shall manage the storm drainage generated from the Plan in compliance with the design criteria as previously set out in the 11:28 Properties Inc. Subdivision Storm water Management Report Eden
Municipality of Bayham Elgin County prepared by CJDL Consulting Engineers dated Rev 1 21 May 2024 as approved by the Municipality Engineer. ii. The Subdivider shall continue to perform all maintenance of the said storm water management facilities and perform all monitoring and inspections
including but not limited to the maintenance, upkeep and inspections required under this Agreement and the ancillary SWMF Maintenance Agreement for not less than five (5) years from the date of assumption; iii. Such maintenance activities, monitoring and inspection by the Subdivider shall continue until the Municipality Engineer issues a Certificate of
Substantial Completion for the SWMF and associated appurtenances and
the Municipality assumes the services; a) That prior to final approval, the Subdivider provide an adequate guaranteed water supply system necessary for fire protection to the satisfaction of the Municipality Fire Chief;
iv. Prior to the SWMF being assumed by the Municipality, the Subdivider shall
be solely responsible for the SWMF. The Subdivider shall dredge the pond to meet the design condition requirements. The Municipality shall under no circumstances be responsible for the repair and maintenance of the SWMF until the Municipality Engineer issues the Certificate of Substantial
Completion for the SWMF and associated appurtenances which are the
subject of this Agreement. v. Before the Municipality assumes the SWMF, the Subdivider shall ensure that the SWMF is handed over to the Municipality in its design condition. An evaluation of the sediment levels within the SWMF shall be completed by the
Subdivider, and any discrepancies between the results of the evaluation and
the design conditions from the approved plans and the final storm water management report must be corrected prior to assumption. vi. The Subdivider agrees to document the sediment level evaluation and any required remediation measures in a report prepared by a professional
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engineer for submission to the Municipality. The professional engineer will be required to certify that the SWMF is functioning in accordance with the approved design.
vii. Upon the issuance of a certificate of substantial completion for the SWMF and associated appurtenances by the Municipality Engineer, the Subdivider shall make provision for the assumption of the SWMF by the Municipality at the cost of the Subdivider.
3.4. SANITARY SEWAGE
The Subdivider agrees that design and installation of sanitary sewers within the Plan will be in compliance with the Design and Construction Standards 2018 for the Municipality of Bayham and the Preliminary Functional Servicing Report dated August 5, 2022 as approved by the Municipality Engineer.
i) Installation of the sanitary sewer underground services will be completed for the entire Lands in Phase 1. a) WASTEWATER PUMPING STATION
No pumping station proposed.
3.5. NECESSARY EXTERNAL SERVICES
The Subdivider agrees that the following Necessary External Services shall be
provided by the Subdivider as set out in the Engineering Drawings:
a) That the Owner establish sidewalks and streetlights at no cost to the Municipality of Bayham to the satisfaction of the Municipality Design and Construction Standards including a sidewalk along Plank Road providing connection to the existing sidewalk along east side Plank Road (County Road
19) to the satisfaction of the County of Elgin.
b) That the Owner develop that part of Bruce Street, being Part 8 RP 11R6179, owned by the Municipality, to the Municipality of Bayham Design and Construction Standards as an integral part of the servicing of the subdivision.
3.6 SERVICES REQUIRED
a) CONSTRUCTION ACCESS
The Subdivider agrees that all construction-related traffic shall be from Plank Road
during the development of Phase 1 and Phase 2. The Subdivider and its contractors and invitees shall use the said access for all construction vehicles and construction related purposes. The Subdivider agrees that, at all material times, the Subdivider shall be responsible for:
i. the proper construction of said accesses and providing signage and
supervision and such other reasonable measures as may be requested by
the Municipality to require contractors, sub-contractors, homebuilders and tradespersons to use the road access designated in this Section for all construction-related vehicles accessing the Lands during each Phase; and,
ii. ensuring during the development of either Phase that all construction-related traffic is restricted to accessing the subdivision from the designated access.
3.7 TIME OF CONSTRUCTION
The Subdivider shall commence and complete the installation and construction of
the Services more particularly described in Schedule “E2” Implementation Schedule
attached to and forming part of this Subdivision Agreement.
4. FINANCIAL OBLIGATIONS
4.1. SUBDIVIDER EXPENSE
Where by this Agreement the Subdivider is to fulfill requirements or obligated in any way, the Subdivider shall fulfill such requirement or obligation at its expense.
4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY
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The Subdivider shall pay to the Municipality on the execution of this Agreement:
i. the reimbursement of reasonable costs incurred by the Municipality for engineering, administrative and legal in the preparation of this Agreement by the Municipality;
ii. the sum of $2,500 which payment shall be accepted by the Municipality as partial
payment towards legal costs and H.S.T. incurred by the Municipality in connection with the preparation and negotiation of this Agreement, and reviewing and registering documentation in relation to the same. The Subdivider further agrees to be responsible for any reasonable additional legal costs and any H.S.T. relating thereto, incurred by the Municipality associated with this Agreement over
and above the aforementioned amount, and will remit any amount owing immediately upon receipt of an invoice from the Municipality;
iii. the sum of $53,690 which shall be accepted by the Municipality as partial payment towards the Subdivider’s share of the Municipality’s costs of engineering review and inspection with respect to the services to be constructed or installed or repaired pursuant to this Agreement, being three and one-half percent (3.5%)
of the total costs of the Services shown in the Schedule “E1” Estimated Construction Costs (the Engineering Fee), plus H.S.T;
The owner agrees that the municipality may require additional payment should the engineering review and inspection with respect to the services to be constructed or installed or repaired exceed the original estimate.
iv. the sum which will be accepted by the Municipality as the Subdivider’s share of the Municipality’s costs of engineering review and inspection with respect to the
services to be constructed or installed or repaired pursuant to this Agreement, being three and one-half percent (3.5%) of the total costs of the Services for Phase 2 shall be $0.00 as all construction to be completed in Phase 1
4.3. SERVICING COSTS SUMMARY, INFRASTRUCTURE
i. The parties agree that Schedule “E1”, represents the Subdivider Engineer’s estimate of the costs of the Services which are to be provided by the Subdivider pursuant to this Agreement (the Estimated Construction Costs Summary). The
parties further agree that the securities required under Section 4.4 shall be based on the figures set out in Schedule “E1”.
ii. The Subdivider shall pay the total cost of the construction or installation of the Services required to be provided pursuant to the terms of this Agreement.
iii. street name signs and traffic signs on the Lands shall be approved and provided by the Municipality. The Municipality will install all such signs and will invoice the Subdivider for all the Municipality’s costs related to such
purchase and installation.
4.4. SECURITY FOR PERFORMANCE
a) To secure the faithful performance of all of the obligations of the Subdivider to the
Municipality under this Agreement, the Subdivider shall, at the time of execution of this Agreement, deliver to the Municipality satisfactory security for the performance of the Subdivider’s obligations hereunder, in the form of one of the following security instruments:
i. An irrevocable standby commercial letter of credit from a chartered bank
or other financial institution approved by the Municipality, in a form and
amount satisfactory to the Municipality Treasurer providing for the faithful performance of all of the obligations of the Subdivider to the Municipality Corporation under this Agreement;
ii. A surety bond for purposes of guaranteeing performance of subdivision infrastructure development, issued by a Surety Company acceptable to the
Municipality Treasurer. The complete terms of the bonding instrument shall
be submitted in advance for review and consideration by the Municipality’s solicitor and Municipality Treasurer. The Bond must be confirmed by the Municipality Treasurer to be adequate for the Municipality’s purposes. Among other terms the bond shall provide that:
the obligation to pay is on demand, without regard to the equities
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between the Parties;
payout is in cash up to the aggregate amount of the bond, but partial drawings are permitted;
the bond is standing and irrevocable;
the bond automatically renews or is otherwise continuous, until it is released with written consent of the Municipality.
iii. a cash deposit provided to the Municipality by bank draft, certified cheque or approved direct deposit.
b) The total amount of security to be provided to the Municipality upon the execution
of this Agreement shall be based on the following:
the total cost to the Subdivider of the services and works identified in the Schedule “E1” Estimated Construction Costs (Lots 1-33 Fronting Bruce Street and Bailey Court), being $1,534,000; and
The Subdivider agrees that the total amount of the performance security pursuant
to this Section is Nine Hundred and Eight Thousand One Hundred Dollars and
Zero Cents ($908,100.00) shown on Schedule “E1” as attached hereto which is required to be held by the Municipality no later than the time of the execution of this Agreement for all servicing to be completed in Phase 1.
c) The total amount of security to be provided to the Municipality for Phase 2, upon
completion or installation of all the Services or other municipal services identified in
Phase 1,
being Zero Dollars ($0.00) as all underground services shall be
installed during Phase 1
d) If applicable, the security required may be reduced by the sum of the cost of
Services, if any, which have been satisfactorily completed during Pre-Servicing as certified by the Consulting Engineer, to the satisfaction of the Municipality. e) After the Municipality has received the security described above and the
Municipality’s Treasurer is satisfied with the form and sufficiency of same, the
Subdivider shall provide the Municipality with a certificate from its Consulting Engineer, in a form satisfactory to the Municipality’s Engineer, as to the Consulting Engineer's accounting of the total actual cost of the services and works to which the security relates, based on the Subdivider’s actual contract prices for the work
(the Actual Servicing Cost). If the Actual Servicing Cost differs from the Estimated
Servicing Cost by a factor of greater than 10%, the Municipality may:
i. where the Actual Servicing Cost is less than the Estimated Servicing Cost Summary, reduce the security to the actual contract price, or;
ii. where the Actual Servicing Cost is greater than the Estimated Servicing Cost Summary, require the Subdivider to provide additional security in the amount of the difference between the Estimated Servicing Cost Summary
and the Actual Servicing Cost,
No adjustment to security shall be made unless and until the Subdivider provides
copies of the relevant contract or contracts to the satisfaction of the Municipality’s Engineer.
f) If the Subdivider is not in default under this Agreement, the amount of any security instrument held by the Municipality, may, subject to the paragraph immediately below, be reduced from time to time to an amount, which, in the opinion of the
Municipality is adequate to secure the faithful performance of the remaining
obligations of the Subdivider. No reduction shall be made until the Subdivider has first filed with the Municipality a progress certificate from the Consulting Engineer as to the reasonable cost of the Services satisfactorily installed or constructed prior to the date of the certificate. In determining if a reduction in the amount of
security is to be made, the Municipality may have regard for the following:
i. any progress certificate filed by the Consulting Engineer and approved
by the Municipality Engineer,
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ii. any reductions previously made,
iii. any draws or claims made by the Municipality against the security.
Notwithstanding the paragraph above, the amount of any security instrument provided by the Subdivider in respect of the cost of the Services shall not be reduced, as provided in the paragraph above, to less than one percent (1%) of the
Estimated Servicing Cost Summary, or $15,000.00, whichever amount is greater.
g) When all the Services have been constructed or installed and any damage to the Services or other municipal services have been repaired, all to the satisfaction of the Municipality, and a letter certifying the same has been issued to the Subdivider by the Municipality or the Municipality Engineer, a security not less than the amount provided in the paragraph immediately above shall continue to be maintained by
the Subdivider and held by the Municipality throughout the post Certificate of Substantial Completion warranty period, until Assumption of services by the Municipality as described in this Agreement. h) When all of the obligations of the Subdivider under this Agreement have been
fulfilled in the opinion of the Municipality and the Municipality Engineer and the Municipality Treasurer, the Municipality shall return any outstanding security instruments to the Subdivider.
4.5. INDEMNIFICATION AND INSURANCE
Until the Municipality shall have finally accepted the Works by a by-law, the Subdivider shall indemnify the Municipality and its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the Works to
be performed pursuant to this Agreement, including all plans, specifications and contracts including those Works to be performed on the Lands owned by the Municipality and described as: PT N ½ LT 22 CON 8 BAYHAM PT 8 11R6179 EXCEPT PT 7 & 8 11R6366; BAYHAM, therefor and any and all documentation submitted by or on behalf of the Subdivider in support of the approval of such plans, specifications and contract;
and the insurance coverage policy required, shall not be construed as relieving the Subdivider from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. The Subdivider agrees to file with the Municipality on registration of this Agreement, or at such earlier date as the Subdivider may commence Pre-Servicing as described in this Agreement,
a certificate of insurance evidencing the issuance to the Subdivider of a comprehensive policy of public liability and property damage insurance providing for coverage limits in respect of any one incident, of at least $5,000,000.00 exclusive of interest and costs, for this purpose. Such policy shall: (i) name the Municipality as an additional insured thereunder, (ii) be in form and content satisfactory to the Municipality, and (iii) be kept
in good standing until all of Services are assumed.
Such insurance shall include a cross-liability clause protecting the Municipality against claims by the Subdivider as if the Municipality was separately insured.
4.6 PARKLAND CONTRIBUTION ACKNOWLEGMENT
Phase 1
The Subdivider agrees to provide payment in the amount of $25,000 as cash in lieu of parkland dedication prior to the registration of Phase 1 of the Plan, in satisfaction of the Subdivider’s parkland dedication requirement under subsection 51.1(1) of the Act and
the Municipality of Bayham Cash-in-lieu By-law No. 2020-053 being 5% of the appraised
value of $500,000 as determined by BC Appraisals Inc. Revised Report dated December 15, 2023.
Phase 2
The Subdivider agrees to provide payment in the amount of $11,750 as cash in lieu of
parkland dedication prior to the registration of Phase 2 of the Plan, in satisfaction of the Subdivider’s parkland dedication requirement under subsection 51.1(1) of the Act and the Municipality of Bayham Cash-in-lieu By-law No. 2020-053 being 5% of the appraised
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value of $235,000 as determined by BC Appraisals Inc Revised Report dated December 15, 2023.
4.6. DEVELOPMENT CHARGES
i. The Subdivider acknowledges that at the date of this Agreement, development charges are payable in respect of any development within the Plan in accordance with the Municipality of Bayham Development Charges By-law, being By-Law No. 2022-067, as amended.
ii. The Subdivider further acknowledges that if said development charges bylaw is amended or is repealed and a further or additional bylaw is enacted, the development charges payable shall, irrespective of the charges payable at the date of this Agreement, be those payable in accordance with the bylaw or bylaws in effect at the time a building permit is issued.
iii. Pursuant to Section 59(4) of the Development Charges Act, SO 1997, c.27, as
amended, the Subdivider shall notify in writing each person who first agrees to purchase each subdivided lot within the Plan of all development charges, including development charges for school purposes, relating to any such Lot.
4.7. TAXES
The Subdivider will pay the Municipality all outstanding municipal taxes, charges, fees and rates and levies assessed against the Lands, including any penalties thereon, forthwith upon the execution of this Agreement and shall remain current with such
payments at the time of Plan Registration. Further, the Subdivider shall pay taxes and rates and levies assessed against any and all the lands within the Plan for which the Subdivider is in law responsible promptly when such taxes, charges, fees, rates and levies become due.
4.8. INTEREST PAYABLE
i. Whereby this Agreement any cost, fee or amount is payable by the Subdivider to the Municipality, such cost, fee or amount shall be paid at the time or times
stated, or if a time is not stated, it shall be paid within fifteen days of the mailing of a statement by prepaid first class mail or by email addressed to the Subdivider as provided in this Agreement. If any such cost, fee or amount is not paid within the time provided by this Agreement, interest shall be payable at the rate of eighteen percent (18%) per annum from the stated due time,
compounded monthly, or from the sixteenth day after such mailing as the case may be, until payment, and the Municipality may draw on any security instrument provided by the Subdivider for the faithful performance of its obligations. Any amount received on such draw against security shall be applied toward payment of the cost, fee or amount owing and any interest in
respect thereto.
ii. if any cost, fee or amount is at any time unpaid, and the Municipality does not draw upon the security provide by the Subdivider, or if any draw made is insufficient to pay the cost, fee or amount owing, or the balance thereof together with interest which may be payable, any unpaid amount may be recovered as a debt in an action in any court of competent jurisdiction together with all
costs incurred therewith.
iii. for such period as any cost, fee or amount is unpaid to the Municipality, the
Municipality may, in addition to other remedies, refuse to grant building permits to the Subdivider or revoke any which have been issued and not acted on.
iv. the interest calculation provided in i. above shall not apply in respect to any municipal taxes, penalties or interest thereon which the Subdivider pays at the time(s) named in this Agreement, provided that the Municipality may draw on
any security given to the Municipality by the Subdivider for the faithful
performance of the Subdivider’s obligations, in order to pay such taxes, penalties or interest due to the Municipality.
4.9. ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE
The parties agree that despite section 4.2(iii), above, the Engineering Fee paid by the Subdivider may be adjusted as follows based on the Actual Servicing Cost:
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i. where the Actual Servicing Cost is $10,000.00 or more below the Estimated Servicing Cost Summary, then the Municipality shall refund to the Subdivider, within thirty (30) days of the Actual Servicing Cost being confirmed by the
Municipality Engineer, the difference in the Engineering Fee paid on the Estimated Construction Cost Summary and the Actual Servicing Cost.
ii. where the total contract price is $10,000.00 or more above the Estimated Servicing Cost, then the Subdivider shall pay to the Municipality, within thirty (30) days of the total contract price being confirmed by the Municipality Engineer, the difference in the Engineering Fee paid on the Estimated Construction Cost
Summary and the Actual Servicing Cost.
5. LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER
5.1. DEDICATION OF FUTURE STREETS
All road allowances within the Lands, including any and all road widenings, shall be dedicated to the Municipality as public highways.
5.2. CONVEYANCES BY SUBDIVIDER
a) At the time of the registration of the Plan the Subdivider shall:
i. grant to the Municipality all easements and rights listed in the Schedule “C” attached to this Agreement for the respective purpose identified in said Schedule, including any open sides of road allowances created by the Draft Plan shall be terminated in 0.3 metre reserves to be conveyed to, and held
in trust by, the Municipality as applicable.
ii. provide the Municipality with such further and other lands, rights and easements as it may require for watermains, sanitary sewers, storm sewers, storm drainage and other utility, stormwater, planning or conservation purposes as described in Schedule “C” to this agreement;
iii. provide all utility companies with such rights and easements as each of them may reasonably require for hydro, telephone, television, cable, fibre optic and
natural gas utility purposes.
iv. ensure that all existing easements for storm sewers, sanitary sewers, water services, third party utility services and other service providers, pedestrian access, and any and all easements, rights of way, interests or encumbrances over the Lands already subsisting at the time of Plan registration are shown on the Plan.
v. To ensure that should any conflict arise with existing telecommunications
provider’s facilities where a current and valid easement exists within the subject area, the Subdivider shall be responsible for the relocation of any such facilities or easements at their own cost.
b) Any such transfer of land to the Municipality pursuant to the above subsection shall be in fee simple and for nominal consideration (e.g. $1.00), in a form satisfactory to the Municipality's solicitor and title to the lands shall be good and free from all liens
and encumbrances except as otherwise stated in this Agreement. The rights and
easements granted to the Municipality pursuant to the above shall be for nominal consideration (e.g. $1.00) and title to the lands over which the rights and easements are granted shall be good and free from prior liens and prior encumbrances except as otherwise stated in this Agreement. If required by the
provisions of the Act, the consent of the County Land Division Committee to such
conveyance of land, rights and easements referred to above shall be obtained by the Subdivider.
c) The Subdivider agrees to obtain a discharge of any lien and a postponement of any prior mortgage to the title, rights and easements granted to the Municipality pursuant to this Agreement.
d) Forthwith after the registration of every grant of title, rights or easements referred
to above, the Subdivider shall provide to the Municipality's solicitor a Certificate or
Opinion of Title of the lands in respect of which such title, rights or easements are granted, in a form satisfactory to the Municipality's solicitor. A solicitor authorized to practice law in the Province of Ontario shall give such Certificate or Opinion.
e) The Subdivider agrees to provide the Municipality within two (2) months after the
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registration of the Plan with a mylar copy of the reference plan designating the lands in respect of which such transfers and grants of rights and easements are given to the Municipality pursuant to this Agreement.
f) The lands to be transferred and the lands over which rights and easements are to
be given, pursuant to this Agreement shall, on the registration of the Plan and at the time of any such transfer, be in a clean and tidy condition, graded as required by the Grading Plan which is a Schedule to this Agreement, where applicable, and if necessary, stabilized against erosion, all to the satisfaction of the Municipality and/or the Municipality Engineer.
g) After such lands or such rights and easements are so transferred, the Subdivider
shall not use or permit the use of such lands for the storage of top soil or any excavated material or equipment or construction materials except with the written consent of the Municipality and in the event of default in this regard, the Municipality, after giving the Subdivider such written notice as the Municipality Engineer considers reasonable in the circumstances, may remove such soil, material or equipment
and the cost of such removal and clean up shall be paid by the Subdivider to the Municipality.
h) The Subdivider warrants that within any lands transferred to the Municipality by the Subdivider pursuant to this Agreement, and any lands over which any easement is granted to the Municipality, there is no substance or material that is prohibited, controlled or regulated by any governmental authority whether federal, provincial,
municipal or local including, without limitation, pollutants, contaminants, dangerous goods or substances, toxic or hazardous substances or materials, waste including without limitation, solid non-hazardous waste, PCBs, asbestos, petroleum and its derivatives, bi-products or other hydro carbons, all as defined in or pursuant to any laws, regulations, by-laws, guidelines, policies, approvals, certificates of approval,
permits or orders rendered by any governmental authority.
5.3 LEGAL OPINIONS REQUIRED
Not later than thirty (30) days after the final approval of the Plan by the County, the
Subdivider shall cause to be delivered to the Municipality an opinion by a solicitor
authorized to practice in Ontario, substantially in the form satisfactory to the solicitor
for the Municipality:
a) At the date of signing of this Agreement and at the date of the registration of this
Agreement upon title, the Subdivider is the owner in fee simple of the Land free of
all liens and encumbrances, save and except for any interest in the Land of an owner,
mortgagee, tenant, easement holder or other encumbrancer as described in
Schedule “A” attached to this Agreement;
b) This Agreement has been registered against the Land in a first priority position,
save and except for any interest in the Land described in Schedule “A” attached to
this Agreement, and that Notice of Postponement of Interest for each of those
interests described in Schedule “A” have been registered postponing such interest
to provide priority in favour of the Municipality for this Agreement;
c) The Plan is registered in the Land Titles Office for the Land Titles Division of Elgin
(No. 11);
d) The conveyance of real property to the Municipality as provided in section 5 of
this Agreement has been made to the Municipality in satisfaction of the provisions of
this Agreement, free and clear of all liens and encumbrances, save and except this
Agreement and any easements in favour of the Municipality, and with such
postponements of interest as are necessary to provide a free and clear interest.
The said opinion(s) shall be addressed to the Municipality in consideration of a fee of $1.00 payable to the Solicitor rendering the same.
6. GRADING OF LOTS AND STREETS
6.1. ADHERENCE TO GRADING PLANS
The Subdivider has prepared and submitted to the Municipality a grading plan for the Plan, which grading plan is attached hereto as part of Schedule D to this Agreement (the Grading Plan). The Subdivider warrants that the said grading plan
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has been prepared by the Consulting Engineer and that if the grades and elevations shown on such plan are established; the lots and blocks within the plan will be adequately drained within a reasonable time, all in accordance with good engineering
practice.
Prior to commencing the construction or installation of any of the services described in Section 3, the Subdivider shall rough grade all Lots and Blocks within the Plan, as depicted in the Grading Plan. Such rough grading shall be in conformity, plus or minus six (6) inches, with the elevations shown on such Grading Plan.
Where in the opinion of the Municipality Engineer, it is advisable to permit rough grading otherwise than in such conformity with the Grading Plan, the Municipality
Engineer may authorize in writing any variance subject to such terms and conditions as the Municipality Engineer may deem appropriate.
Upon completion of the construction of the curbs and gutters required under this Agreement, all of the streets created by registration of this Plan shall be re-graded to conform to the Grading Plan.
The Subdivider acknowledges that the Grading Plan has been reviewed by the Municipality Engineer but any approval noted thereon has been for the limited purpose
of submission for Ministry of Environment, Conservation and Parks approvals, at the time of this Agreement. It is understood and agreed that subsequent grading plans shall be filed with the Municipality by the Subdivider as construction progresses, including but not limited to a final grading plan to be filed prior to assumption of the Services by the Municipality. When a subsequent grading plan is filed with the Municipality it shall
replace and amend the Schedule.
6.2. LOT GRADING PLANS
Following construction of each dwelling on Lots within the Plan or by such earlier date as the Municipality Engineer may in writing name, the Subdivider shall grade the Lot on which the dwelling has been or is being constructed and those Lots immediately adjacent thereto so as to establish the grades and elevations shown on the Grading Plan. In addition, each Lot shall be graded so that the slope is uniform between
adjacent elevations on the Lot lines of such Lot as shown on the grading plan Schedule.
In the event of any dispute as to the grade or elevation to be established and maintained at any point within any lot where the grade or elevation is not shown on the grading plan, the written decision of the Municipality Engineer as to the grade or elevation shall be final and binding.
Upon the elevations and grades being established in accordance with this Agreement, the Subdivider shall thereafter maintain the same for so long as the Subdivider is the
registered owner of the Lot.
If, in the opinion of the Municipality Engineer, the Subdivider has at any time when the Subdivider is the registered owner of the Lands, or any part thereof, failed to establish or maintain such grade or elevation as required by this Agreement including the Grading Plan, the Municipality may, after giving such notice to the Subdivider as the Municipality Engineer considers appropriate in the circumstances, enter and re-
enter from time to time upon such lot, or any part thereof, with equipment, machinery,
sod and fill and do such work and remove anything from the lot as in the Municipality Engineer’s opinion may be necessary to remedy such default, and the costs thereof shall be paid by the Subdivider to the Municipality and if not so paid, shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of
eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing
of a statement to the Subdivider at his last known address.
Where the Subdivider has sold or transferred a lot within the Plan, or any part thereof, and in the opinion of the Municipality Engineer, any grade or elevation within the lot, or any part thereof, has not been established or has not been maintained as required by subsection 7.3 Lot Development Plan in this Agreement, the Municipality,
after giving such notice to the subsequent owner as the Municipality Engineer
considers appropriate in the circumstances, enter and re-enter from time to time upon such lot with such equipment, machinery, sod and fill as the Municipality Engineer may determine and do such work and remove anything from the lot as in the Municipality Engineer's opinion may be necessary to remedy such default and the cost thereof
shall be paid by the subsequent owner to the Municipality and if not so paid, shall
constitute a lien on the lot and interest shall be payable on the amount thereof at the
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rate of eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing of a statement to the subsequent owner at his last known address.
6.3. GRADING CERTIFICATION
The Municipality will accept a certificate from an Ontario Land Surveyor, or a qualified Consulting Engineer certifying:
i. that the surveyor took elevations on one of more lots or blocks in the
subdivision (which lot(s) and/or block(s) is to be specified by number) on a stated date; and
ii. that on such date(s) the elevation and grades for such lot(s)/block(s) were in accordance with the requirements of this Agreement;
as conclusive evidence that as of such date such elevations and grades complied with this Agreement.
7. LOT DEVELOPMENT
7.1. ZONING BY-LAW
The Subdivider acknowledges that there may be lands within the Plan subject to the provisions of a Holding (H2) Zone pursuant to Municipality of Bayham Zoning By-
Law, as amended. The requirements of said Zoning By-law and any other requirements as may be set out in an amendment to said Zoning By-law shall be complied with to the satisfaction of the Municipality prior to the removal of the holding symbol. The Holding Zone designation shall be removed from the lands pursuant to the requirements of the Planning Act prior to the issuance of any building permits
for lots within the Plan.
The Subdivider acknowledges that prior to final approval shall provide to the satisfaction of the Municipality prepared by an Ontario Land Surveyor a certificate that demonstrates the Final Plan for all lots and blocks comply with the use and regulation of the approved Zoning By-law in effect.
7.2. BUILDING PERMITS
a) The Subdivider acknowledges that the Municipal Chief Building Official shall have the power to refuse to grant building permits with respect to any or all
the lots shown on the Plan of Subdivision, at any time when the Subdivider is in default under this Agreement. b) The Lot Owner agrees to submit to the Municipality with every application for a building permit, a Plot Plan prepared by a Consulting Engineer or an Ontario
Land Surveyor or a qualified Planner, which is approved by the Subdivider's Consulting Engineer, indicating the location of the proposed building and driveway on the site and indicating that the proposed building and lot, as finally constructed and graded will comply with said Grading Control Plan as identified in Schedule "D" to this Agreement. The said Plot Plan will also
indicate the elevation of the top of the foundation wall of the proposed
building, which elevation will also conform to the said Grading Control Plan, and the location of infiltration galleries/conveyance pipe and retaining walls, if applicable. No building permits shall be issued until the Municipality has approved the Plot Plan.
c) That the cost of construction of driveway entrances for each lot shall be the responsibility of the Lot Owner, while driveway concrete aprons, sidewalk and boulevard trees are the responsibility of the Subdivider and shall be included in the security provided in the Subdivision Agreement. Each lot within the
Draft Plan is permitted only one access unless additional accesses in
permitted by the Municipality, and driveway locations for corner lots are to be located at the opposite side of the lots and away from the intersection and will require Municipal approval prior to the issuance of building permits.
d) That no construction of any building will proceed beyond the completion of
the foundation wall until the Subdivider has identified with a sign or paint markings on the foundation, the municipal address for the lot and has supplied the Municipality with a Certificate from a Consulting Engineer or an Ontario Land Surveyor or a qualified Planner, demonstrating that the elevation of the
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top of the foundation wall of the said building, as constructed, conforms within reasonable tolerance to the elevation shown on the said Plot Plan and meets lot, zoning and building compliances. The Subdivider agrees to provide to the
Municipality, said Certificate within Seven (7) days from the date that the foundation has been backfilled and graded. e) To complete the final grading for the residential Lot in the Draft Plan in accordance with the approved Plot Plan and Grading Control Plan and to
maintain the approved grading and drainage pattern and where applicable infiltration galleries/conveyance pipes and retaining walls for the life of the approved development on the residential lot in the Draft Plan, all to the satisfaction of the Municipality. The Subdivider or Lot Owner further agrees not to alter the approved grading and drainage pattern without prior written
permission from the Municipality. f) Once the final grading is completed for the lot, the Subdivider or Lot Owner shall submit to the Municipality, a Certificate, prepared by the qualified Consulting Engineer or an Ontario Land Surveyor or Planner who prepared
the original Plot Plan for the building permit which is approved by the Subdivider's Consulting Engineer and shall provide evidence that the final grading of the said lot conforms to the said Grading Control Plan and Plot Plan within reasonable tolerances as determined by the Municipality and that as so graded, the lot will provide for surface drainage in accordance with
proper engineering practices. Upon the Municipality confirming that the lot is in compliance with the Grading Control Plan/Plot Plan, as well as the applicable regulations in the Zoning By-law. g) That all primary drainage swales shall have topsoil and grass sod to the
satisfaction of the Municipality prior to the issuance of any building permit. Where the installation of sod is not possible due to winter weather conditions the Subdivider must install alternative erosion and sedimentation control features to the satisfaction of the Municipality prior to the issuance of any building permit. The installation of sod in the primary swales shall take place
at the earliest possible growing season all to the satisfaction of the Municipality and Planning Services. For the purpose of this Section, a primary drainage swale is part of the overall drainage system, is generally located on public lands or undeveloped future phases within the Draft Plan and accommodates the major overland storm water flow for each phase of the
development that is directed to an approved storm water management facility, as identified in the Engineering and Planning Drawings. h) That no building permit shall be applied for or issued for any lot(s) and no building construction shall be undertaken thereon, until the applicable phase
of the Draft Plan is registered and the Subdivider's Consulting Engineer for this Plan has provided in written confirmation to the Municipality that: i. the overall primary grading and drainage for the applicable phase has been completed; ii. the installation of the primary services within all the road allowances in
the applicable phase, which shall include water, sanitary and storm
services/facilities, sanitary pumping station (if applicable), the road up to base coat asphalt, concrete curb and gutter and retaining walls/safety guards, has been completed, or alternatively, in the event that the underground services (water, sanitary and storm services) and
sanitary pumping station (if applicable) are completed for all of the
roads in the applicable phase, but the gravel base, base coat asphalt, concrete curb and gutter and retaining walls/safety guards cannot be completed for certain road allowances in the applicable phase due to wintertime construction, as requested in writing by the Subdivider's
Consulting Engineer, then only those lot(s) that front on the applicable
roads where the primary services have been installed, are eligible for a building permit, subject to the following: i) that the said roads where primary services have been completed shall include water, sanitary and storm services, the
road up to base coat asphalt, concrete curb and gutter and
retaining wall/safety guard,
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ii) that a suitable vehicle access to a public road shall be provided and where required an emergency access is provided.
i) That no building permit for any lot(s) on the Plan shall be issued until such time as the Plan has been registered to create the lots and the matters contained in this Section have been complied with to the Municipality's satisfaction: i) Completion and connection of the trunk sanitary sewer and
appurtenances to the satisfaction of the Municipality; ii) Completion and connection of the trunk watermain and appurtenances (if required) to the satisfaction of the Municipality; iii) Completion and operation of the storm water management
facilities and outlet; iv) Payment of the applicable development charges, as per the Municipality’s respective approved By-laws v) Blocks and/or easement to be conveyed to the Municipality; vi) The installation of street signs;
vii) Satisfy any other special conditions outlined within this agreement.
7.3. LOT DEVELOPMENT PLANS
With every building permit application, the Subdivider will submit to the Municipality’s Building Department a lot development plan for the subject lot, prepared and certified by a member in good standing of the Professional Engineers of Ontario or by an Ontario Land Surveyor. The lot development plan for each Lot within the Plan shall show details of the proposed lot elevations and grades, basement and top of
foundation elevations, drainage and storm water management components, all of which shall conform to the Grading Plan and the Storm Water Management Plan. The lot development plan shall also show details of the location of all existing and proposed easements, all proposed building and structures, site services, driveway, existing trees and any other significant site features. The qualified professional
consultant who prepared and certified the Grading Plan shall approve each lot development plan.
Following the completion of the construction of all buildings and structures, site services, driveways and any other significant site features and completion of the fine grading on each Lot, the Lot shall be seeded or sodded and within the first sixty (60) days after the completion of the seeding or sodding, the Subdivider shall file with the
Municipality, a certificate signed by the Consulting Engineer, certifying that the lot has been developed in accordance with the Lot development plan. The Subdivider agrees that it will require the purchaser of any Lot within the Plan, as a condition of purchase and sale, to fulfill these requirements.
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7.4 MODEL HOMES The Owner may erect two (2) model homes during Phase 1 on the Lands on proposed
Lot #1 and Lot #2 approved by the Municipality subject to the following:
a) Payment of the building permit application fee and an infrastructure deposit to the Municipality for each model home building permit. The Municipality agrees to refund the infrastructure deposit to the Owner, without interest, upon the issuance of “As Constructed” drawings and a follow-up site inspection;
b) All financial and other matters are in good standing to date pursuant to the terms and requirements of this Agreement; c) The Owner agrees to submit to the Municipality’s Chief Building Official a lot
development plan and lot grading plan with other such drawings as the Municipality deems necessary for the development of the Model Home area for approval, which approval must be obtained prior to the commencement of any construction work hereunder and as a prerequisite to the issuance of the building permit with respect to the said Lot. Approval shall relate to the lot grading, drainage, and landscaping as
well as other matters which the Owner proposes to install, construct or erect on the said lot; d) The Owner and the Municipality agree that if Services Works have not been installed then additional connection security deposit as determined by the Municipality, will be
required at the time of building permit application. The Municipality agrees to refund the connection security deposit to the Owner without interest, upon receipt of written confirmation of connection to the newly installed services; e) Where a building permit has been issued to permit the construction of a model home,
an unobstructed emergency access route shall be maintained at all times with a minimum width of six (6) metres constructed of granulars and have sufficient compaction as to provide access for all emergency vehicles to the satisfaction of the Municipality and any Emergency Services;
f) Each model home shall comply with all provisions of the Municipality’s Zoning By-law and Ontario Land Surveyor shall provide the Municipality with a building location survey confirming the building location; g) The Owner covenants and agrees that no building or structure or erection built,
constructed or erected on any Lot as a model home shall be occupied, save and except that the building may be occupied for the sole purpose of an office to promote the sale of houses in the Plan of Subdivision as described in the Agreement. No occupancy of the model home shall be permitted until all of the other applicable provisions of this Agreement have been complied with.
7.5 OCCUPANCY OF UNITS
The Subdivider shall not occupy nor permit to be occupied, any dwelling unit on any
part of the Lands until: i. a building permit has been obtained and compliance has been made with the provisions of the Building Code Act, 1992. S.O. 1992, c.23 as amended and
the Building Code (Ontario Regulation 332/12);
ii. a sewer permit has been obtained and the sanitary sewer for the dwelling
connected to the municipal sanitary sewer and the storm sewer private drain connection for the dwelling has been connected to the municipal storm sewer, and;
iii. private water services to the unit have been installed to the satisfaction of the Municipality;
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iv. electrical and gas services have been installed within the Lands and or arrangements satisfactory to the Municipality Engineer have been made for the installation of such services to the dwelling; and,
v. communication and/or telecommunication services for emergency
management services (i.e. 911 Emergency Services) have been installed.
7.6 BUILDING COVENANT – NO DUPLICATION
The Subdivider agrees that no front exteriors of any dwelling unit shall be duplicated on any street within the Lands unless the duplicated exteriors are located on opposite sides of the street, or, if on the same side of the street unless they are separated by at least four (4) Lots.
8 NOTICES AND FURTHER REQUIREMENTS
8.5 STREET PARKING RESTRICTIONS
The Subdivider acknowledges that parking of motor vehicles on Municipality Streets shall only be permitted in accordance with the Municipality of Bayham criteria for
parking restrictions. The Subdivider agrees:
i. to provide notice of the parking restrictions to the first purchaser of each Lot within the Plan and, no later than the issuance of the first building permit within the Plan;
ii. to provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify the parking restrictions.
8.6 COMMUNITY MAILBOXES – CANADA POST
The Subdivider acknowledges that Canada Post will provide mail delivery service to the
subdivision through centralized Community Mail Boxes (CMB) and agrees to:
a) The Owner shall consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes and these will then be indicated on the
appropriate servicing plans.
b) The Owner shall, prior to offering any units for sale/rent, to display a map on the wall of the sales office in a place readily accessible to potential owners/renters that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post.
c) The Owner shall include, in all offers of purchase/rental, a statement which advises the purchaser/renter that mail will be delivered via Community Mailbox and also notes the locations of all Community Mail Boxes within the development, and to notify affected owners/renters of any established
easements granted to Canada Post to permit access to the Community Mail Box.
d) The Owner shall provide a suitable and safe temporary site for a Community Mailbox until curbs, sidewalks and final grading are completed at the permanent Community Mailbox locations. Canada Post will provide mail delivery to new
residents/tenants as soon as the homes/businesses are occupied.
e) The Owner shall provide the following for each Community Mailbox site including these requirements on the appropriate servicing plans:
a. Any required walkway across the boulevard, per municipal standards;
b. Any required curb depressions for wheelchair access, with an opening of at least two to three metres (consult Canada Post for detailed specifications); and c. A Community Mailbox concrete base pad per Canada Post specifications.
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8.7 FUTURE SIDEWALK CONNECTIVITY
The Subdivider acknowledges the Municipality’s policies and objectives to promote complete streets, a walkable community, cycling and other active transportation initiatives supporting healthy lifestyle activities and agrees to promote the use of the Municipality’s Parks through community design that includes connectivity and continuity of sidewalks installed within the Plan as well as other links to support access
to parks, other neighbourhoods, schools and commercial and employment areas. The Owner agrees to establish sidewalks and streetlights in the subdivision at no cost to the Municipality of Bayham to the satisfaction of the Municipality of Bayham Design and construction Standards including a sidewalk along Plank Road providing
connection to the existing sidewalk along east side Plank Road (County Road 19) to the satisfaction of the County of Elgin. The Subdivider shall provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify
the active transportation opportunities by identifying the location of sidewalks to be installed within the Plan. 8.8 SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD (TVDSB) OR LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB)
The Thames Valley District School Board and London District Catholic School Board
advises that new homeowners should, at the time of purchase, verify the school designation for students with the applicable Board by using the School Locator on the TVDSB website or LDCSB or by calling the applicable Board Office.
Furthermore it is recommended that the Subdivider shall recommend to all purchasers of Lots within the Plan that each Purchaser confirm school designations with either Board at the time of purchase and will further advise that additional information is
available through the Board web sites.
8.9 ARCHAELOGICAL ASSESSMENT
An Archaeological Assessment of the Lands was conducted by Thomas G. Arnold & Associates, London Ontario. Their report entitled, “Stage 1 and Stage 2 Archaeological Assessment of 4.5 HA, Part of Lot 11, Registered Plan 258, Formerly Part of Lot 22 and Lot 23, Concession 8, Bayham Township, Elgin County” dated February 6, 2024 filed with Ministry of Citizenship and Multiculturalism (MCM) Toronto Office February 14,
2024, MCM Project Information Form Number P006-0097-2021, MCM File Number 0013944 recommended: “Since the five artifacts recovered from Location 1 do not meet the minimum MHSTCI requirements for a Stage 3 archaeological assessment, the subject property no longer has any cultural heritage value or archaeological potential and no further assessment is recommended.”
The MCM in a letter dated March 8, 2024 acknowledges the report, which was submitted as a condition of licensing in accordance with Part VI of the Ontario Heritage
Act, R.S.O. 1990, c 0.18, was entered into the Ontario Public Register of Archaeological Reports without technical review.
The Subdivider is advised that in the event that deeply buried archaeological remains
should be discovered during construction, it is recommended that archaeological staff
of the Ontario Ministry of Tourism, Culture and Sport be notified immediately.
Similarly, in the event that human remains should be encountered during construction, the Funeral, Burial and Cremation Services Act, 2002, S.O.2002.c33 (FBCSA) requires
that any person discovering human remains must notify the appropriate municipal
police, the local coroner, and the Bereavement Authority of Ontario.
8.6 GROUNDWATER/SOILS TESTING
The Subdivider acknowledges that the Municipality’s review of the Plan was limited to land use planning and public engineering concerns and did not include
groundwater, soil or soil atmosphere testing. The Municipality makes no warranty as
to the environmental condition of the groundwater, lands or atmosphere comprising the Lands and the Subdivider explicitly acknowledges that it has not received nor is
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relying on any such warranty by the Municipality. If the Subdivider considers it prudent in the circumstances, before proceeding with this Plan of Subdivision, it shall retain such consultants and conduct such investigations as it considers advisable at its sole
risk and expense.
The Ministry of Environment, Conservation and Parks must be notified immediately should waste materials and/or other contaminants be discovered, and in the event waste materials and/or other contaminants are discovered, a further approval under Section 46 of the Environmental Protection Act may be required from the Ministry of
Environment, Conservation and Parks.
9 SPECIAL PROVISIONS
9.1 STREET NAMES
The streets included in the draft plan of subdivision shall be named, to the satisfaction of the Municipality of Bayham, being: Street A – BRUCE STREET
Street B – BAILEY COURT
9.2 MULTI-WELL PUMPING TEST That the Owner shall provide a Servicing Report for a multi-well simultaneous
pumping test utilizing a minimum of three wells, drilled on adjacent lots during Phase 1 of the development, and that it be conducted to empirically verify the calculations and conclusions provided in the amended Hydrogeologic Evaluation (Prepared by Ian D. Wilson Associates Ltd. and dated March 26, 2021 and amended (second amendment) on August 3, 2022 and to evaluate
cumulative drawdown impacts simulating well usage by multiple properties at the same time and to confirm that the proposed density is acceptable to the satisfaction of the Municipality in accordance with Condition 5 of Draft Plan of Approval Notice of Decision dated February 14, 2023.
9.3 DESKTOP REVIEW SUSTAINABLE YIELD OF GROUNDWATER The Owner has provided confirmation through a Desktop Review of Community-Wide Groundwater Sustainability, Community of Eden, Municipality of Bayham as prepared by Ian D. Wilson Associates Limited dated July 27,
2023 regarding the potential for the subject property development along with existing and/or known proposed future development projects within the hamlet of Eden to result in long-term impacts to the sustainable yield of groundwater from the overburden aquifer or to significantly decrease base flow to any sensitive water courses as described in Section 4.3.3 of MECP Procedure D-5-
5 to the satisfaction of the Municipality.
9.4 RE-SAMPLING OF TEST WELL 3 The Owner has provided confirmation through a Re-Sampling of Test Well 3
(11368 Plank Road) Report prepared by Ian D. Wilson Associates Limited
dated July 20, 2023 regarding the need for re-sampling of Test Well 3 after disinfection by chlorination and subsequent performance of additional pumping to cycle sufficient water to flush any residual chlorine and stagnant water from the well bore, sand pack, and aquifer to assess whether the presence of Total
Coliforms and/or background coliforms is persistent to the satisfaction of the
Municipality. 10 CONSTRUCTION AND APPLICABLE STANDARDS
10.1. CONSTRUCTION CONTRACT(S) APPROVAL
The Subdivider shall install or construct, or cause to be installed or constructed, the
Underground and Above Ground Services in accordance with contract documents
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approved by the Consulting Engineer who shall ensure that such pertinent plans and specifications, are included in the tender and contract documents and such other documents as may be required by the Municipality and/or the Municipality Engineer.
The contract documents shall at the discretion of the Consulting Engineer and/or upon any request for same by the Municipality and/or the Municipality Engineer be filed with the Municipality prior to the commencement of the construction or installation of any of the services to which they relate.
10.2. INSPECTION AND ENTRY
The construction and installations by the approved contractor(s) shall be performed under the supervision of the Consulting Engineer with additional inspections to be
made, at the Municipality’s discretion, by the Municipality and/or the Municipality Engineer.
The Municipality, by its employees or by agents and consultants, if any, retained by the Municipality, may enter the Subdivider’s lands at all reasonable times and for all reasonable purposes including for all inspections that may be deemed by the Municipality to be necessary or advisable, without prior notice to the Subdivider.
10.3. USE OF PUBLIC HIGHWAYS
The Subdivider will not do any work on, under or over or use any public highway
abutting the Lands in connection with the performance of this Agreement, except with the express written approval of the Municipality. Where any such work is approved, it shall be commenced and completed within such time or times as are fixed by the Municipality and/or the Municipality Engineer and to the Municipality’s satisfaction.
The Subdivider further agrees to provide such barriers and signs and take other steps
as may be required by the Municipality to avoid injury or risk of injury to any person using such highway.
10.4. LIENS
The Subdivider shall comply with all provisions of the Construction Act, R.S.O. 1990, c. C.30 (hereinafter the “Construction Act”), as amended from time to time, and without limiting the generality of the foregoing, shall hold in its possession all statutory holdbacks and any additional funds required to be held by the Construction Act. These
holdbacks and funds shall not be disbursed except in accordance with the Construction Act. The Subdivider shall at the Subdivider’s expense, within thirty (30) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought, or registered under the Construction Act, which may
affect the Lands and any other lands, including public highways, road allowances and other lands, and which arise out of performance of the terms of this Agreement by the Subdivider. The Owner shall indemnify and hold harmless the municipality from all losses, damages, expenses, actions, causes of actions, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of failure,
neglect, or refusal by the Owner to comply with the Construction Act, or by reason of
any action brought against the municipality under the Construction Act, and arising out of the performance of this Agreement by the Owner. The Municipality may, at any time, after the expiry of the thirty (30) day period of written notice referred to above, authorize the use of all or any part of the performance security or deposits required
under this Agreement, (a) to pay, discharge, vacate, and obtain and register a release
of all charges, claims, liens, and all preserved or perfected liens, made, brought, or registered under the Construction Act, which may affect any lands subject to this Agreement, including public highways, road allowances and other lands; and, (b) to pay the Municipality any amounts owing to the Municipality under this Section. The
Subdivider acknowledges that the Municipality shall not be required to reduce or
release any security or deposit until the Municipality is satisfied that all of the provisions of this Section have been complied with.
Where this Agreement requires that proof of no liens filed must be provided, the requirement may be fulfilled by certification in writing from the Subdivider’s solicitor or
the Consulting Engineer stating that: (a) All contractors for the Works for which a
reduction or release is sought have been paid in full; (b) That the applicable lien periods have been completed; and, (c) That no liens have been brought or registered. The certification shall also explicitly acknowledge that the Municipality is entitled to
28
rely on the certification and that the author fully indemnifies the Municipality of any subsequent claim, actions, or costs arising from such reliance and shall ensure that any subsequent claim or action is discharged to the satisfaction of the Municipality at
no cost to the Municipality.
10.5. STANDARDS APPLICABLE TO SERVICE INSTALLATIONS
a) ROAD DESIGN AND CLASS OF ROADS
i. All streets shall be constructed to the Municipality’s local road classification as set out in the Municipality of Bayham Design Construction Standards 2018 in accordance with the approved Engineering Drawings in one phase development as listed in attached Schedule “D” to this agreement.
ii. All road designs within the Lands are to conform to the most current version
of the Municipality of Bayham Design Construction Standards 2018 at the time of development.
iii. The timing of the construction of related future roads to ensure connectivity for active transportation is to be clearly defined as context for the streets within the Lands.
b) SOIL CERTIFICATES – ROADS AND UNDERGROUND SERVICES
The Subdivider agrees to hire a qualified geotechnical consultant in good standing with the Professional Engineers Association of Ontario with experience
in road works satisfactory to the Municipality Engineer to check the construction procedures, quality of materials and workmanship used and to provide a written certificate that the design standards approved by the Consulting Engineer and the Municipality Engineer for the road works required under this Agreement have been achieved. All testing shall be carried out to the satisfaction of the
Municipality Engineer. The Subdivider shall perform periodic inspections and such further assessments and inspections as appropriate or as the Municipality Engineer requires. All works shall be in accordance with the Geotechnical Engineering Report, Eden East Subdivision, Eden, Ontario 04-02112424.000.0100-0101-GS-R-0001-00 dated May 24, 2022 prepared by
Englobe Corp.
The Subdivider agrees that prior to commencing any sewer construction, it will hold a meeting with representatives of its contractor and its soil consultant and shall establish, and have approved by the Municipality Engineer, the means of compacting trench backfill material. The Subdivider is to have its soil consultant and the Consulting Engineer on site when the installation of sewers is started.
The approved method or methods of compacting the sewer trench backfill material shall be tested by the soils consultant to ensure that the method or methods to be used meets the road design criteria. Not more than one hundred fifty (150) metres of sewer shall be laid, unless approved otherwise by the Consulting Engineer until the soil consultant has approved the compaction
method or methods.
The soils consultant shall supply to the contractor, the Consulting Engineer and
the Municipality Engineer, in writing, descriptions of the approved compaction method or methods and their test results within two (2) days after the initial testing. A written certificate by the Subdivider’s qualified soil consultant is to be supplied to the Municipality Engineer prior to a request by the Subdivider for the
assumption of any road(s) within the Lands and is to cover all roads contained in
the request for assumption.
c) TREE PLANTING
The Owner or Subdivider shall plant one tree per lot in the front yard and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a
minimum of 1 metre (3.3 feet) behind the front property line and located so as not
to interfere with services and utilities at any time.
d) TURN AROUND DESIGN
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The Subdivider shall ensure the design of turn arounds within the Lands, is consistent with design drawings approved by the Municipality.
e) SANITARY SEWER SYSTEM
i. SEPARATION
Every sanitary sewage system installed or constructed on the Lands shall be separate and distinct from every storm sewage system on such lands and
within such building or buildings and shall be connected only to the Municipality's sanitary sewage system. Every storm sewage system installed or constructed on the Lands shall be separate and distinct from every sanitary sewage system on such lands and shall be connected only to the Municipality's storm sewage system.
ii. INSPECTION RECORD
The Certificate of Substantial Completion is to be issued and again prior to
the Certificate of Assumption of Services by the Municipality, including the sanitary sewer system described in the Engineering Drawings which is a Schedule to this Agreement, the Subdivider agrees to inspect all such sewers within the Lands by a televised inspection method, or an equivalent method satisfactory to the Municipality Engineer, and to provide the Municipality with
an inspection record satisfactory to the Municipality Engineer in the form of a copy of the video tape, digital record or other production generated by each such sanitary sewer inspection.
11. FURTHER COVENANTS
The Parties further covenant as follows:
11.1. DEFAULT
a) If the Subdivider fails:
i. to commence or complete the installation or construction of any of the Services required in accordance with the plans which are Schedules to this Agreement, within the times specified in this Agreement; or,
If, in the Municipality Engineer’s opinion, the Subdivider:
ii. fails to install or construct such Services in accordance with the plans
attached as Schedules to this Agreement; or,
iii. after commencing the installation or construction of any such Services, fails to pursue such installation or construction within agreed upon time or in order that the works may be completed within the time provided in this Agreement; or
iv. is improperly performing or carelessly executing work involved in the installation or construction of any such Service; or
v. has neglected or unreasonably delayed installation or construction or
reconstruction or repair or replacement of such Services; or
vi. has neglected or refused to reconstruct or perform remediation of such
Services as may be rejected by the Municipality Engineer as defective or unsuitable;
and any such default continues for ten (10) days or for another a period stated by the Municipality in the notice, after notice of the default from the Municipality Engineer has been given to the Subdivider, then the Municipality, in addition to
any other remedy the Municipality may have, may take such steps as it deems
necessary to remedy the said default.
b) In case of emergency circumstances, as determined in the discretion of the Municipality Engineer, where remedial measures, repairs or replacements are necessary, in the Municipality Engineer’s opinion, to alleviate any default (referred to above) by the Subdivider such work may be done by the Municipality
without advance notice to the Subdivider.
11.2. REPAIR OF SERVICES
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a) If at any time prior to Assumption of the Services, any of the Services do not function or do not function properly, the Municipality shall, subject to 11.2 b) below, give notice of such malfunction to the Subdivider and if such malfunction
is not remedied within ten (10) days of the mailing of such, or a longer period if stated in the notice, then the Municipality may make whatever repairs or replacements it deems necessary.
b) That if at any time prior to the Assumption of the Services, any of the Services do not function or do not function properly and in the opinion of the Municipality Engineer repairs or replacements are immediately necessary to prevent damage
or hardship to persons or property, the Municipality may proceed forthwith to make whatever repairs or replacements it deems necessary and the cost, with or without notice.
11.3. MUNICIPALITY PERFORMING WORKS
a) Where in the opinion of the Municipality Engineer, it is necessary or advisable to perform remedial work or to construct or install or complete the whole or any part of any of the Services, such Service or Services may be installed, constructed or
completed in whole or in part by the Municipality and the cost of remedying any default or of constructing, installing or completing the whole or any part of any of the services, together with an engineering and administration fee of five percent (5%) of the cost as certified by the Municipality Engineer shall be paid by the Subdivider to the Municipality.
b) The Subdivider and the Municipality agree that where the Municipality
installs, constructs, repairs or maintains any of the Services prior to the Services being Assumed by the Municipality as provide by the terms of this Agreement, such installation, construction, repair or maintenance shall be done as agent for the Subdivider and shall not constitute an Assumption of the Service or Services by the Municipality.
c) The Subdivider will repair, at the Subdivider’s expense, in a good and
workmanlike manner, to the satisfaction of the Municipality and/or the Municipality Engineer and within such time as the Municipality and/or the Municipality Engineer may provide, any damage to any of the Services and damage to any other municipal service where such damage has resulted from the installation or construction of any Services or from the construction of
any building or structure on Lands or from the performance of any other work on the Lands, or from the performance of any work within the public highways abutting the Lands or the performance of any other work arising from the terms of this Agreement.
11.4. MAINTENANCE OF SERVICES
a) For the purposes of this section “maintenance” includes grading, dust- laying or snow ploughing of any road, removal of mud and/or debris from internal or
abutting streets, cleaning of sewers, flushing of watermains, flushing and
cleaning of storm water management facilities and replacement of street lighting bulbs and such repairs of other works as the Municipality and/or the Municipality Engineer may from time to time designate.
b) The Municipality may elect to provide maintenance from time to time for any or all of the Services constructed or installed by the Subdivider. The
maintenance shall be allocated as follows:
i. the Subdivider shall pay to the Municipality the costs of all
such maintenance performed by the Municipality prior to the Certificate of Substantial Completion under Section 12,
ii. the Municipality shall be responsible for the costs of all such maintenance performed by the Municipality after the Certificate of Substantial Completion has been issued, until
the services have been Assumed by the Municipality and
thereafter.
c) If prior to the Certificate of Substantial Completion, in the opinion of the Municipality, snow ploughing is required or where, in respect to any other maintenance, in the Municipality and/or the Municipality Engineer’s opinion an emergency exists, the Municipality may, without notice to the Subdivider,
31
provide snow ploughing or whatever maintenance is in the Municipality and/or the Municipality Engineer’s opinion necessary to meet such emergency in respect to any or all of the Services constructed or installed by the Subdivider.
d) Where no emergency exists relating to the required maintenance work and
the work is to be performed by the Municipality prior to the Certificate of Substantial Completion at the cost of the Subdivider, the Municipality shall make reasonable efforts to inform the Subdivider of the maintenance required using one or more of the following methods and the contact information provided according to this Agreement:
i. conversation in person or by telephone with the Subdivider or
consulting Engineer;
ii. telephone message left for the Subdivider;
iii. e-mail using current Subdivider email.
If the Subdivider declines to perform the maintenance works or fails to undertake the maintenance work within 8 hours following the forwarding of information described above, or if the Subdivider fails to proceed expeditiously with the completion of such work after commencing same the Municipality will proceed to do the subject maintenance work.
11.5. ALLOCATION OF SEWAGE CAPACITY
a) The Subdivider agrees with the Municipality that the registration of this
Plan does not constitute an allocation by the Municipality of any sewage capacity in the Municipality's sewage treatment systems beyond development of the residential Lots in a two-phase development as shown on the Plan.
b) The Subdivider agrees that upon the completion of each phase of the plan of subdivision, the Owner shall report and confirm to the municipality the
remaining capacity of the sanitary sewer system in Eden, to the satisfaction of the Municipality.
11.6. VEHICLE CLEANING OBLIGATIONS
The Subdivider shall provide vehicle-cleaning facilities for vehicles operating within and leaving the subdivision so that debris and/or mud from the Lands will not be deposited onto any street within or beyond the Lands.
Where debris and/or mud from such lands is deposited on any street within or beyond the Lands, the Subdivider shall promptly remove such debris and/or
mud to the satisfaction of the Municipality and if, in the opinion of the Municipality, the Subdivider has failed to do so promptly or to do so to its satisfaction, then the Municipality may undertake such removal and the associated cost shall be paid by the Subdivider. In the event of any dispute as to the origin of any debris and/or mud on any street within or beyond the Lands, the decision of the
Municipality shall be final and binding.
If requested by the Municipality, the Subdivider agrees to construct a properly
drained and gravelled wash area(s) within the Lands to prevent the tracking of debris and/or mud onto Municipality streets.
12. MAINTENANCE SECURITIES, SUBSTANTIAL COMPLETION AND ASSUMPTION
12.1. MAINTENANCE SECURITIES
a) Prior to the issuance of any Certificate of Substantive Completion and for the duration of the Maintenance Period the Owner shall provide and maintain security in the form of cash or a letter of credit in the amount equal to ten percent (10%)
of the total estimated cost of the Underground Works and twenty-five percent
(25%) for the Surface Works, including all labour and materials as described in Schedule “E1”
b) Prior to the issuance of the Certificate of Substantive Completion and for the duration of the Maintenance Period for the storm water management facility the Owner shall provide and maintain security in the form of cash or a letter of credit
in the amount equal to the total estimated cost to undertake final cleaning and
dredging of the storm water management facility including all labour and
32
materials for inspection(s) and ECA record keeping requirements.
c) Towards the end of the respective Maintenance Period(s), the Owner shall make a written request to the Municipality for a final inspection to be made. Upon inspection by the municipality, or any other agency, and at its sole discretion, the
Municipality shall determine whether the Services and Works are acceptable and whether a Certificate of Assumption can be issued. The respective Maintenance Period(s) shall be automatically extended without change to this Agreement where the Municipality believes the Services or Works are not complete and the said Maintenance Period(s) shall continue to be in effect, and the maintenance
security retained, until a Certificate of Assumption is issued.
12.2. CERTIFICATE OF SUBSTANTIAL COMPLETION
a) After the Subdivider has completed all of the Services shown in the Engineering Drawings which are Schedules to this Agreement, the Subdivider shall apply to
the Municipality for a Certificate of Substantial Completion. The Subdivider’s
application shall be accompanied by:
i. the Consulting Engineer’s detailed report on the completed works and Services in a form satisfactory to the Municipality and/or the Municipality Engineer,
ii. a final grading plan for all lands comprising the streets and Lots within the Plan with compliance certified by the Consulting Engineer or Ontario Land
Surveyor,
iii. as-constructed drawings of all Services and such other documentation as
the Municipality Engineer may require verifying conformity to the approved Engineering Drawings which are Schedules to this Agreement, and applicable standards of the Municipality, and
iv. the video sewer inspection records referred to this Agreement.
b) The Municipality may conduct such inspection or further investigations of the installed services and works as the Municipality may deem appropriate.
c) Prior to final approval, in accordance with the Notice of Decision of the County of
Elgin dated February 14, 2023, File No. 34T-BY2201; the County of Elgin is to be
advised in writing:
- by the Municipality, how conditions 1-19 have been satisfied;
- by the Conservation Authority, how conditions 13 a), b), and c) have been
satisfied;
- by Bell Canada, how conditions 20 & 21 have been satisfied;
- by Enbridge, how condition 9 has been satisfied;
- by Canada Post, how conditions 22-26 have been satisfied.
d) upon the Municipality determining that all the Services shown on the plans
which are Schedules to this Agreement have, to the satisfaction of the Municipality Engineer, been substantially completed, the Municipality shall provide the Subdivider with a Certificate of Substantial Completion evidencing the satisfactory substantial construction of such Services whereupon the
ownership of such Services shall vest in the Municipality.
12.3. WARRANTY PERIOD
Notwithstanding such vesting of ownership, and the performance of maintenance by
the Municipality, all of the municipal Services shall continue to be fully repaired, replaced and reconstructed, as needed, by the Subdivider for a further two-year warranty period, commencing on the date on which the Municipality issues the Certificate of Substantial Completion. The Municipality shall not be deemed to have
assumed responsibility for such repair, reconstruction and replacement; nor shall it
be presumed or deemed that the Services comply with all specifications and standards required under this Agreement.
12.4. CERTIFICATE OF ASSUMPTION
33
At the end of the first two years after the date of issuance of the Certificate of Substantial Completion by the Municipality, the said Services shall be eligible for a Certificate of Assumption provided that the Subdivider is not in default in respect to
any aspect of the condition deficiency or compliance of any of the Services, as determined by the Municipality following an inspection of Services by the Municipality and/or the Municipality Engineer and the Municipality Engineer’s review of such reports as the Municipality Engineer may require from the Consulting Engineer or other qualified persons. Such inspection and review shall be performed by the
Municipality Engineer in response to a request from the Subdivider or, in the absence of a timely request, at the initiative of the Municipality Engineer.
The following requirements shall be met prior to a Certificate of Assumption being issued by the Municipality:
a) The Subdivider shall have repaired or otherwise rectified any deficiencies noted by the Municipality Engineer, to the satisfaction of the Municipality Engineer;
b) The Subdivider shall file with the Municipality a certificate from an Ontario
Land Surveyor certifying that such bars and monuments within the Lands as are designated by the Municipality Engineer are located in accordance with the Plan;
c) The Subdivider shall file with the Municipality a final set of “as constructed” drawings, certified by the Consulting Engineer and including the Services including any Services described as temporary in this Agreement, which
then remain in use. The drawings shall be prepared to the current standards of the Municipality and to satisfaction of the Municipality Engineer; and,
d) The Subdivider shall provide sufficient proof, as required hereunder and to the satisfaction of the Municipality’s Treasurer, that no liens have been brought or registered.
Upon the Municipality issuing the Certificate of Assumption the Municipality shall, if there is then no default by the Subdivider, report to the elected Council of the
Municipality, recommending that the Council pass a by-law to assume all of the Services in accordance with the Certificate of Assumption.
After passage of such by-law the Municipality shall be responsible for the repair and maintenance of all municipal services and works constructed and installed under this Agreement, subject only to any exception set out in this Agreement or in other written agreement(s) between the Parties.
12.5. NO WINTER INSPECTION
A request for a Certificate of Substantial Completion or for a Certificate of
Assumption shall not be made between November 15th of any year and April 1st of the year following, and the Subdivider acknowledges that neither of these certificates will be issued in any such period.
13. GENERAL PROVISIONS
13.1. TIME IS OF THE ESSENCE
Time shall be of the essence in this Agreement.
13.2. NOTIFICATION
If any notice is required to be given to the Subdivider by the Municipality or the Municipality Engineer with respect to any matter relating to this Agreement, such notice, if sent by prepaid registered mail or delivered, shall be addressed or
delivered to the address below or may be emailed to:
11:28 PROPERTIES INC. Gregory Mitchell – President
441 Jackson Side Road Courtland, ON, N0J 1E0 Telephone: 519-983-6908 Email: gmitchell@yourlocalteams.com
34
or to such other address as is given by registered mail to the Municipality and any such notice mailed, delivered or emailed as provided above shall be deemed good and sufficient notice under the terms of this Agreement.
13.3. PRIORITY OF MUNICIPALITY ACTIONS
Where in this Agreement, the Municipality is authorized to do any act, whether or
not there is any default on the part of the Subdivider, the Subdivider shall not in any way interfere with any act done by the Municipality and the Subdivider shall not permit its agents, servants, officers and contractors to interfere in any way. On notice from the Municipality, the Subdivider shall terminate any work which it may be doing or cause its agents, servants, officers and contractors to terminate any
work which they may be doing which interferes with the Municipality carrying out or proceeding on anything authorized to be done by the Municipality
13.4. DELEGATION OF MUNICIPALITY RESPONSIBILITES
Where in this Agreement provision is made for anything to be done by the Municipality or by the Manager of Public Works, it may also be done together with or by a person or persons or corporation designated by the Municipality or designated by the Manager of Public Works, as the case may be.
13.5. ASSIGNMENT OF OBLIGATION
No right or obligation under this Agreement shall be assigned by the Subdivider in
whole or in part without the written consent of the Municipality, but such consent shall not be unreasonably withheld.
13.6. ESTOPPEL
The Parties acknowledge the consensual nature of this Agreement and the reliance of both Parties on the incontestability of the terms and conditions of this Agreement. Neither party shall call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the
Municipality to enter into this Agreement or to enforce each and every covenant and condition contained herein. This Agreement may be pleaded as an estoppel against any other party in such proceedings.
13.7. ENTIRETY
This Agreement and all attached schedules constitute the entire agreement between the Parties to this Agreement pertaining to the subject matter hereof and supersede
all prior and contemporaneous agreements, understandings, negotiations and
discussions, whether oral or written, of the Parties. There are no warranties, representations or other agreements between the Parties in connection with the subject matter of this Agreement save and except as specifically set forth herein.
13.8. SUCCESSOR OBLIGATIONS AND BENEFIT
The Subdivider agrees that the Municipality may enforce the provisions of this Agreement against the Subdivider and, subject to the Land Titles Act R.S.O. 1990,
c L.5, against any and all subsequent owners of the lands described in Schedule “A” and any part thereof. This Agreement shall in effect run with the lands within the Lands.
13.9. SUCCESSION
This Agreement and the covenants, provisions, conditions and schedules herein contained shall enure to the benefit of, and be binding upon the respective
successors, trustees or assigns of each of the Parties hereto.
35
IN WITHESS WHEREOF the Parties hereto have executed this Agreement. The date on which this Agreement is executed by the last of the Parties to sign, is the date of Agreement, to be inserted at the head of this Agreement
Executed this day of ____________ 2024. ) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
)
) ______________________________
) Ed Ketchabaw, Mayor
)
) ______________________________
) Thomas Thayer, Chief Administrative Officer
) I/We have authority to bind the Corporation
)
Executed this day of __________ 2024. ) 11:28 PROPERTIES INC.
)
) ______________________________
) Greg Mitchell, President
) ) I have authority to bind the Corporation
36
SCHEDULE “A”
SUBDIVISION AGREEMENT dated the day of 2024.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality”
and one of the parties)
- and -
11:28 PROPERTIES INC. a corporation incorporated under the laws of the Province
of Ontario and having its registered office in the County of Norfolk
(hereinafter called the “Subdivider” and one of the parties)
LEGAL DESCRIPTION
PART LOT 11, PLAN 258 AND PART OF NORTH 1/2 LOT 22 CONCESSION 8; BAYHAM, DESIGNATED AS PART 1 ON 11R11147; MUNICIPALITY OF BAYHAM
PIN 35342-0329 (LT)
ENCUMBRANCES
1. None
WSANSANSANSANSANSANSANSANSANSANSANSAN∅∅∅∅∅∅∅∅∅∅∅∅∅∅∅∅STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTPHASE 2PHASE 1Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comSANSTSANSTSTREET 'B'STREET 'A'COUNTY ROAD
19FORMER CANADIAN PACIFIC RAILWAY R.O.W.I:\ACAD Projects\2018\18015\04-Layouts\18015_Preliminary Servicing Plan.dwg, 2023-12-04 3:01:08 PM, DWG To PDF.pc3 Schedule 'B1'
Schedule 'B2'
40
SCHEDULE “C”
SUBDIVISION AGREEMENT dated the day of , 2024.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter called the “Municipality”
and one of the parties)
-and -
11:28 PROPERTIES INC. a corporation incorporated under the laws of the Province
of Ontario and having its registered office in the County of Norfolk
(hereinafter called the “Subdivider” and one of the parties)
BLOCKS AND EASEMENTS TO BE TRANSFERRED BY SUBDIVIDER
1. Easements for Municipal Services and Drainage Purposes
The Owner shall grant at its expense and in favour of the Municipality the following easements for municipal services:
Being Parts 1 through 13 of Draft Reference Plan, Project 12-19008E by Kim Husted Surveying Limited.
2. Stormwater Management
The Owner shall convey Block 34 of Draft Subdivision Plan, Project 23-19008M, prepared by Kim Husted Surveying Limited as a stormwater management block, to the Municipality of Bayham, free of all liens and encumbrances.
3. Future Trail Block
The Owner shall convey Block 35 of Draft Subdivision Plan, Project 23-19008M, prepared by Kim Husted Surveying Limited as a 0.3m reserve, to the Municipality of Bayham, free of all liens and encumbrances.
4. 0.3M Reserves
The Owner shall convey Block 36 of Draft Subdivision Plan, Project 23-19008M, prepared by Kim Husted Surveying Limited as a 0.3m reserve, to the Municipality of
Bayham, free of all liens and encumbrances.
41
SCHEDULE “D”
SUBDIVISION AGREEMENT dated the day of , 2024.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter called the “Municipality” and one of the parties)
-and -
11:28 PROPERTIES INC. a corporation incorporated under the laws of the Province
of Ontario and having its registered office in the County of Norfolk
(hereinafter called the “Subdivider”
and one of the parties)
ENGINEERED DRAWINGS LIST AND DESCRIPTIONS
The following are the list of plans identified by drawing numbers and descriptions that
are located in the municipal office.
Drawing No. Description Version/Date
1 Cover Page Rev 2 – 21 May 2024
2 Grading Plan Rev 2 – 21 May 2024
3 Sanitary Drainage System and Areas Rev 2 – 21 May 2024
4 Storm Drainage System and Areas Rev 2 – 21 May 2024
5 Bruce Street – Plank Road to Utility Corridor Rev 2 – 21 May 2024
6 Bailey Court – Bruce Street to Cul-De-Sac Rev 2 – 21 May 2024
7 Bailey Court Cul-De-Sac Rev 2 – 21 May 2024
8 Storm Easements RLCB 1-3 Rev 2 – 21 May 2024
9 Storm Water Management Rev 2 – 21 May 2024
10 Storm Water Pond Sections Rev 2 – 21 May 2024
11 Erosion and Sediment Control Rev 2 – 21 May 2024
12 General Notes Rev 2 – 21 May 2024
13 Misc. Details Rev 2 – 21 May 2024
14 Plank Road Sidewalk Page 1 Rev 2 – 21 May 2024
15 Plank Road Sidewalk Page 2 Rev 2 – 21 May 2024
18015
Security Estimate - 27-Nov-23
Security Estimate (Rev 1) - 29-Jan-24
UNIT PRICE TOTAL
% $ % $
200mmø 444 m 175 77,700 70 54,390
1200mmø manholes 7 each 10,000 70,000 70 49,000
PDC's 33 each 1,700 56,100 70 39,270
Miscellaneous 1,200 70 840
$205,000 $205,000 $143,500 $0
750mmø 39m 500 19,500 70 13,650
450mmø 274 m 300 82,200 70 57,540
375mmø 215 m 250 53,750 70 37,625
300mmø 125 m 200 25,000 70 17,500
250mmø 176 m 190 33,345 70 23,342
PDC's 33 each 1,500 49,500 70 34,650
Single catchbasin 17 each 3,000 51,000 70 35,700
Double Catchbasin 3 each 5,000 15,000 70 10,500
1200mmø manhole 10 each 10,000 100,000 70 70,000
250mmø CB leads 35m 100 3,500 70 2,450
300mmø CB leads 48m 130 6,240 70 4,368
Miscellaneous 1,965 70 1,376
$441,000 $441,000 $308,700 $0
750ø headwall 1 each 25,000 25,000 70 17,500
1200 x 1200mm outlet control chamber 1 each 20,000 20,000 70 14,000
1000mm standpipe 1 each 12,000 12,000 70 8,400
300mmø 46m 200 9,200 70 6,440
Dry Hydrant 1 l/s 10,000 10,000 70 7,000
Cable concrete mats 3 each 3,000 9,000 70 6,300
Fine grading 1 l/s 10,000 10,000 70 7,000
Landscaping 1 l/s 10,000 10,000 70 7,000
Allowance for Fire Protection Maintenance 1 l/s 15,000 15,000 100 15,000
Miscellaneous 1,800 70 1,260
$122,000 $122,000 $89,900 $0
Excavation, grading, excluding lot grading 1 l/s 15,000 15,000 70 10,500
Granular B (300mm thick) - BRUCE STREET 400 m³40 16,000 70 11,200
Granular B (300mm thick) - BAILEY COURT 1,200 m³40 48,000 70 33,600
Granular A (100mm thick) - BRUCE STREET 200 m³50 10,000 70 7,000
Granular A (100mm thick) - BAILEY COURT 620 m³50 31,000 70 21,700
Street Lights 12 each 4,000 48,000 100 48,000
Mountable curb and gutter - BRUCE STREET 260 m 40 10,400 100 10,400
Mountable curb and gutter - BAILEY COURT 705 m 40 28,200 100 28,200
HL8 base asphalt (50mm thick) -
BRUCE STREET 150 tonnes 110 16,500 100 16,500
HL8 base asphalt (50mm thick) -
BAILEY COURT 470 tonnes 110 51,700 100 51,700
Miscellaneous 1,200 100 1,200
$276,000 $276,000 $240,000 $0
Sidewalk - BRUCE STREET 120 m2 50 6,000 100 6,000
Sidewalk - BAILEY COURT 380 m2 50 19,000 100 19,000
Sidewalk - External 403 m2 50 20,150 100 20,150
Catch Basin Adjustments 20 each 150 3,000 100 3,000
Manhole Adjustments 17 each 500 8,500 100 8,500
Milling - 200±m²1 l/s 2,500 2,500 100 2,500
Sweeping and tack coat - 4,600±m²1 l/s 5,000 5,000 100 5,000
HL3 Surface Asphalt (40mm thick) -
BRUCE STREET 125 tonnes 120 15,000 100 15,000
HL3 Surface Asphalt (40mm thick) -
BAILEY COURT 375 tonnes 120 45,000 100 45,000
Miscellaneous 1,850 100 1,850
$126,000 $126,000 $126,000 $0
SUB-TOTAL CONSTRUCTION COSTS $1,170,000 $908,100 $0
TOTAL REQUIRED SECURITY $908,100
ROADWORK (YEAR ONE)
QUANTITY
SANITARY SEWER
STORM SEWER
STORMWATER MANAGEMENT
ROADWORK (YEAR TWO)
SECURITY ESTIMATE
SCHEDULE 1
EDEN EAST SUBDIVISION, EDEN
MUNICIPALITY OF BAYHAM
ESTIMATED CONSTRUCTION COSTS
(LOTS 1-33 FRONTING BRUCE STREET AND BAILEY COURT)
100% PERFORMANCE MAINTENANCE
Schedule 'E1'
18015
Security Estimate - 27-Nov-23
Security Estimate (Rev 1) - 29-Jan-24
SCHEDULE 1
EDEN EAST SUBDIVISION, EDEN
MUNICIPALITY OF BAYHAM
ESTIMATED CONSTRUCTION COSTS
(LOTS 1-33 FRONTING BRUCE STREET AND BAILEY COURT)
Supervision and contract administration (5%)59,000
Geotechnical Investigation and Testing (1.5%)18,000
Electrical Servicing - 33 Lots @ $5,000 165,000
Utility Co-ordination by CJDL 5,000
Contingency Allowance (10%)117,000
TOTAL PHASE 1 ESTIMATED COST $1,534,000
$1,534,000
The foregoing costs exclude:
• Development charges;
• HST;
• Legal costs;
• Utility conflicts and relocation;
• Driveways;
• Private Well Construction;
• Grading, topsoil sod around units;
• Landscaping, trees; and
• Electrical service rebate.
TOTAL ESTIMATED CONSTRUCTION COST FOR EDEN EAST SUBDIVISION
Cameron Cluett, P. Eng.
CYRIL J. DEMEYERE LIMITED,
CONSULTING ENGINEERS,
TILLSONBURG, ONTARIO.
18015
27-Nov-23
1 January 2024
2
February 2024
3 Utility Servicing - Hydro, Gas, Telephone, Cable TV (including Phase 2)April/May 2024
4 Sidewalks
5 Street Lighting April/May 2024
6 Boulevard Restoration - including topsoil and sod
7 Top Lift Asphalt August 2025*
Completed after
house construction
(Late 2024 - 2025)
*Phase 2 top lift asphalt timing pending approval of Eden Sanitary Pumping Station
allocated capacity
SCHEDULE 2
EDEN EAST SUBDIVISION, EDEN
MUNICIPALITY OF BAYHAM
IMPLEMENTATION SCHEDULE
PHASE 1 & 2
Underground Services - Sanitary Sewers, Storm Sewers, and SWM Pond
(including Phase 2)
Completed after Phase 1
house construction
(Late 2024 - 2025)
Road Construction - including Curbs, Granular A&B, Base Lift Asphalt
(including Phase 2)
Schedule 'E2'
The Corporation of the
Township of Otonabee-South Monaghan
Email: info@osmtownship.ca Telephone: 705.295.6852 Facsimile 705.295.6405
P.O. Box 70 20 Third St Keene, ON K0L 2G0
Visit our website at www.osmtownship.ca or follow us on Twitter @OSMTownship
June 28, 2024
Via Email: david.piccinico@pc.ola.org
Hon. David Piccini M.P.P.
Minister of Labour, Immigration, Training and Skills Development
117 Peter Street
Port Hope, ON
L1A 1C5
Dear Minister Piccini:
Re: Regulations for the Importation and Safe Use of Lithium-ion Batteries
I am writing today to bring to your attention a matter of significant importance to the
Township of Otonabee-South Monaghan, regarding the importation and safe use of
lithium-ion batteries.
At the June 17, 2024 Council Meeting the Fire Chief of the Township of Otonabee-South
Monaghan made a presentation to Council on the dangers presented by lithium-ion
batteries. The Fire Chief was reporting back from attending the Charged For Life
Symposium presented by the Office of the Fire Marshal.
During the presentation, the Fire Chief stressed that the increased importation and use
of non-Original Equipment Manufacturer (OEM) aftermarket batteries is presenting a
significant increase in fire and explosion, putting citizens and responding personnel in
danger. These after market batteries are not Underwriter Laboratories of Canada (ULC)
certified but can be imported into Canada without any associated regulations.
Unlicensed persons and locations can store and modify lithium-ion batteries in our
communities without regulations, providing dangerous conditions within a community.
Charging these batteries within the home or multi-unit dwellings can result in larger fires
with grave results.
As Canada becomes more aware of Green Energy solutions, these batteries are used more
often, increasing the danger to our communities. We support the Ontario Fire Marshal’s
program to educate citizens on the danger associated with lithium-ion batteries and
encourage every municipality to actively promote safe practices for the use of lithium-ion
batteries.
We also call upon all levels of government to enact regulations for the importation, sale,
storage, and use of non-OEM or ULC certified lithium-ion batteries.
Thank you in advance for your attention to this very critical issue, and I look forward to
your prompt consideration and support.
Please do not hesitate to contact me or our Fire Chief if you require any additional
information.
Yours truly,
Township of Otonabee-South Monaghan
Joe Taylor, Mayor
Cc: MP, Philip Lawrence
All Ontario Municipalities
CORPORATION OF THE MUNICIPALITY OF WEST NIPISSING
Council - Committee of the Whole
Resolution #2024-147
Title:Resolution seeking support re: Champlain Bridge Rehabilitation
Date:June 4, 2024
Moved by:Councillor Georges Pharand
Seconded by:Councillor Roch St. Louis
WHEREAS the Champlain Bridge, located on the King’s Highway 17, west of the Town of Sturgeon Falls in the Municipality
of West Nipissing is integral infrastructure to the Trans-Canada Highway network and also serves as a connecting link to
Highway 64;
AND WHEREAS Highway 17 is a critical link in the Trans-Canada highway network, with Average Annual Daily Traffic
(AADT) of over 14,000 travelers;
AND WHEREAS the majority of the traffic is provincial traffic, using the Trans-Canada highway for transporting goods and
services in Ontario which, if shut down or restricted, would result in a 123km detour.
AND WHERERAS in 2021 an agreement was entered into between the Municipality and the Ministry of Transportation for
the design of the rehabilitation or replacement of the Champlain Bridge, which design indicated that the bridge should be
replaced at the anticipated cost of $30,000,000.
AND WHEREAS Municipality of West Nipissing does not have the financial resources to undertake a project of this
magnitude without assistance;
AND WHEREAS the Province has previously recognized the financial burden placed on municipalities, forced to maintain
Provincial Infrastructure, by removing the burden of the Don Valley Parkway, and the Gardner Express Way from the City
of Toronto;
BE IT THEREFORE RESOLVED THAT the Province of Ontario recognize the Champlain Bridge as critical provincial
infrastructure and assume responsibility for its replacement;
BE IT FURTHER RESOLVED THAT if the assumption of the Bridge by the province cannot be undertaken, that the Province
provide financial and operational assistance to the Municipality of West Nipissing for the undertaking of the replacement
of the Champlain Bridge;
BE IT FURTHER RESOLVED THAT all northeastern municipalities served by the Highway 17 as well as the Association of
Municipalities of Ontario (AMO), Rural Ontario Municipalities Association (ROMA), Ontario Good Roads Association
(OGRA) and the Federation of Northern Ontario Municipalities (FONOM) be requested to support the Municipality of West
Nipissing’s request by submitting letters of support to the Ministry of Transportation.
CARRIED
CORPORATION DE LA MUNICIPALITÉ DE NIPISSING OUEST
Council - Committee of the Whole
Résolution #2024-147
Titre:Résolution demandant de l'aide pour la réfection du pont Champlain
Date:le 4 juin 2024
Proposé par:Councillor Georges Pharand
Appuyé par:Councillor Roch St. Louis
ATTENDU QUE le pont Champlain, situé sur la route royale 17, à l'ouest de la ville de Sturgeon Falls dans la municipalité de
Nipissing Ouest, fait partie intégrante de l'infrastructure du réseau routier transcanadien et sert également de lien avec la
route 64 ;
ET ATTENDU QUE la route 17 est un lien essentiel du réseau routier transcanadien, avec un trafic journalier annuel moyen
(TJAM) de plus de 14 000 voyageurs ;
ET ATTENDU QUE la majorité du trafic est provincial, utilisant la route transcanadienne pour le transport de biens et de
services en Ontario qui, s'il est fermé ou restreint, résulterait en un détour de 123 km.
ET ATTENDU QU'en 2021, une entente a été conclue entre la municipalité et le ministère des Transports pour la
conception de la remise en état ou du remplacement du pont Champlain, laquelle a indiqué que le pont devrait être
remplacé au coût prévu de 30 000 000 $.
ATTENDU QUE la municipalité de Nipissing Ouest n'a pas les ressources financières nécessaires pour entreprendre un
projet de cette envergure sans aide ;
ET ATTENDU QUE la province a déjà reconnu le fardeau financier imposé aux municipalités, forcées d'entretenir
l'infrastructure provinciale, en retirant à la ville de Toronto le fardeau de la promenade Don Valley et de la voie express
Gardner ;
IL EST DONC RÉSOLU QUE la province de l'Ontario reconnaisse que le pont Champlain est une infrastructure provinciale
essentielle et qu'elle assume la responsabilité de son remplacement ;
IL EST EN OUTRE RÉSOLU QUE si la province ne peut assumer la responsabilité du pont, qu'elle fournisse une aide
financière et opérationnelle à la municipalité de Nipissing Ouest pour le remplacement du pont Champlain ;
IL EST EN OUTRE RÉSOLU QUE toutes les municipalités du nord-est desservies par la route 17 ainsi que l'Association des
municipalités de l'Ontario (AMO), l'Association des municipalités rurales de l'Ontario (ROMA), l'Ontario Good Roads
Association (OGRA) et la Fédération des municipalités du Nord de l'Ontario (FONOM) soient priées d'appuyer la demande
de la municipalité de Nipissing Ouest en soumettant des lettres d'appui au ministère des Transports.
ADOPTÉ
Municipality of Tweed Council Meeting
Council Meeting
Councillor P. Valiquette
Tuesday, April 23, 2024
Resolution No.
Title:
Date:
Moved by
Seconded by
P. Valiquette
J. Palmateer
WHEREAS it is apparent that the Ontario Government has overlooked the needs of small rural Ontario;
AND WHEREAS Ontario’s small rural municipalities face insurmountable challenges to fund both
upfront investments and ongoing maintenance of their capital assets including roads, bridges, water/
wastewater and municipally owned buildings including recreational facilities, libraries and other tangible
capital assets:
AND WHEREAS small rural Ontario’s operating needs consume the majority of property tax revenue
sources;
AND WHEREAS small rural municipalities (of 10,000 people or less) are facing monumental
infrastructure deficits that cannot be adequately addressed through property tax revenue alone;
*AND WHEREAS in 2015 the provincial government moved to standardized billing for all non-contract
D.P.P. (5.1) locations;
AND WHEREAS the Ontario Government has committed $9.1 billion to Toronto alone to assist with
operating deficits and the repatriation of the Don Valley and Gardner Expressway; and $534 million to
Ottawa for the repatriation of Hwy 174;
AND WHEREAS the annual cost of the Ontario Provincial Police, Municipal Policing Bureau for small
rural non-contract (5.1) municipalities is approximately $428 million;
AND WHEREAS this annual cost is significantly less than the repatriation costs of the Gardiner
Express Way, the Don Valley Parkway and Highway 174 (Ottawa Region) but provides a greater
impact to the residents of the Province overall;
AND WHEREAS this will afford relief to small rural municipalities for both infrastructure and operating
needs while having a minimal impact on the provincial budget;
NOW THEREFORE BE IT RESOLVED THAT The Municipality of Tweed call on the Ontario
Government to immediately implement sustainable funding for small rural municipalities by reabsorbing
the cost of the Ontario Provincial Police Force back into the provincial budget with no cost recovery to
municipalities:
AND FURTHER, that Council direct staff to circulate this resolution to Premier Doug Ford
(premier@ontario.ca). Minister of Solicitor General, Minister of Finance, and to the Association of
Municipalities of Ontario (amo@amo.on.cat and all Municipalities in Ontario.
Carried
CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
June 28, 2024
Colin Best
President of the Association of Municipalities of Ontario (AMO) Sent via email: amopresident@amo.on.ca
Dear Colin Best:
Please be advised that Brantford City Council at its meeting held June 25, 2024 adopted the following:
12.2.7 Support for the Decision of the Ontario Energy Board to End the Gas
Pipeline Subsidy
WHEREAS residents are struggling with energy bill increases and need relief; and
WHEREAS natural gas is no longer the cheapest way to heat homes because
electric heat pumps are now much more efficient, can provide all heating needs even
in cold climates, and result in far lower energy bills over the long term compared to
gas heating; and
WHEREAS natural gas is methane gas, which is a fossil fuel that causes
approximately one-third of Ontario's GHG emissions, and must be phased out
because it is inconsistent with all climate targets, while heat pumps result in the
lowest GHG emissions and are consistent with a zero-carbon future; and
WHEREAS the Ontario Energy Board (OEB) decided to end a subsidy for methane
gas pipelines to be built in new construction developments, effective 2025, finding
that this would lower energy bills for existing gas customers and improve affordability
for new homebuyers, but this decision is at risk of being overturned by the provincial
government; and
WHEREAS the OEB decision will help lower energy bills and encourage heating
systems that are consistent with climate targets and plans; and
WHEREAS the construction of new methane gas pipelines, which have 60-year
targets and will result in higher carbon emissions, higher energy bills, higher future
decarbonization retrofit costs to get off fossil fuel heating, and a continued financial
drain as dollars leave the province to pay for fossil fuels extracted in other
jurisdictions; and
WHEREAS the City of Brantford declared a climate emergency in 2019; and
2
CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
WHEREAS transforming buildings by supporting actions that improve their energy
efficiency aligns with the goals outlined in Brantford’s Climate Change Action Plan.
NOW THEREFORE BE IT RESOLVED:
A. THAT the City of Brantford EXPRESS its support for the decision of the Ontario Energy Board to end the gas pipeline subsidy and RESPECTFULLY REQUESTS that the Ontario Government allow the decision to stand; and B. THAT this resolution BE CIRCULATED to the President of the Association of Municipalities of Ontario, Colin Best; Premier of Ontario, Doug Ford; Minister of Energy, Todd Smith; Minister of Finance, Peter Bethlenfalvy all Ontario Municipalities, The Honourable Marit Stiles, Leader of the Official Opposition, and
The Honourable Bonnie Crombie, Leader of Ontario Liberal Party.
I trust this information is of assistance.
Yours truly,
Chris Gauthier
City Clerk, cgauthier@brantford.ca
cc Honourable Doug Ford, Premier of Ontario Honourable Todd Smith, Minister of Energy
Honourable Peter Bethlenfalvy, Minister of Finance
Honourable Marit Stiles, Leader of the Official Opposition Honourable Bonnie Crombie, Leader of Ontario Liberal Party All Ontario Municipalities
Date: July 3, 2024
Subject: Planning Act and Development Charges Act Regulations related to the
Cutting Red Tape to Build More Homes Act, 2024 (Bill 185)
I am writing to provide an update on regulations under the Planning Act and
Development Charges Act, 1997 related to the Cutting Red Tape to Build More Homes
Act, 2024.
The Planning Act and Development Charges Act, 1997 regulations came into effect on
July 1, 2024.
Changes made include:
• modernizing public notice requirements and providing municipalities with the
ability to provide notice in respect of the above matters on a municipal website if
there is no local print newspaper available
• consequential amendments to remove requirements for certain statements
regarding appeal rights to be included in public notices
• consequential changes to ensure notice is provided to nearby public hospitals
and airports
• housekeeping amendments for the removal of spent provisions related to DC
exemptions for additional residential units and the prescribed amount of time for
the DC freeze period
You can view copies of the amending Planning Act regulations on Ontario’s e-Laws
website:
• Ontario Regulation 285/24 – amending Ontario Regulation 543/06 “Official Plans
and Plan Amendments”
• Ontario Regulation 286/24 – amending Ontario Regulation 545/06 “Zoning By-
Laws, Holding By-Laws and Interim Control By-Laws”
• Ontario Regulation 287/24 – amending Ontario Regulation 544/06 “Plans of
Subdivision”
• Ontario Regulation 288/24 – amending Ontario Regulation 197/96 “Consent
Applications”
• Ontario Regulation 289/24 – amending Ontario Regulation 200/96 “Minor
Variance Applications”
Ministry of
Municipal Affairs and Housing
Planning Policy Branch
777 Bay Street, 13th Floor
Toronto ON M5G 2E5
Tel. 416-585-6014
Ministère des
Affaires municipales et du Logement
Direction des politiques d'aménagement
777, rue Bay, 13e étage
Toronto ON M5G 2E5
Tél. 416-585-6014
• Ontario Regulation 290/24 – amending Ontario Regulation 509/20 – “Community
Benefits Charges and Parkland”
• Ontario Regulation 291/24 – amending Ontario Regulation 549/06 “Prescribed
Time Period – Subsections 51 (52.4) of the Act”
You can view copies of the amending Development Charges Act, 1997 regulations on
Ontario’s e-Laws website:
• Ontario Regulation 279/24 – amending Ontario Regulation 82/98 – “General”
If you have any questions about the changes to the land use planning and appeal
system, including the Planning Act regulatory changes, please email
PlanningConsultation@ontario.ca.
If you have any questions about the changes to the Development Charges Act, 1997,
including the regulatory changes related to public notice requirements under the Act and
other matters, please email MFPB@ontario.ca.
Sincerely,
Laura Evangelista, Director
Provincial Policy Branch
Ministry of Municipal Affairs
Ruchi Parkash, Director
Municipal Finance Policy Branch
Ministry of Municipal Affairs
Page 1 of 3
Treasury Board Secretariat
Emergency Management Ontario
25 Morton Shulman Avenue
Toronto ON M3M 0B1
Tel: 647-329-1200
Secrétariat du Conseil du Trésor
de la gestion des situations d'urgence Ontario
25, rue Morton Shulman
Toronto ON M7A 1Y6
Tél.: 647-329-1200
DATE: July 3, 2024
MEMORANDUM TO: Emergency Management Partners
FROM: Bernie Derible
Deputy Minister and Commissioner of Emergency
Management
Treasury Board Secretariat
SUBJECT: Engagement on Proposed Modernization of the
Emergency Management and Civil Protection Act
I am pleased to share that Ontario is engaging partners and stakeholders on proposed
modernization of the Emergency Management and Civil Protection Act to support a
safe, practiced and prepared Ontario – before, during and after emergencies.
The province continues to work with partners to strengthen emergency management
through targeted investments, enhanced capabilities, and expanded training across
Ontario as highlighted in the 2023 annual report for the Provincial Emergency
Management Strategy and Action Plan. Engagement on a modernized legislative
framework is an integral next step to identify opportunities to strengthen our tools to
ensure that we are ready for the challenges of today and the future.
Building on feedback from partners and stakeholders, best practices, and lessons
learned from past emergencies, Ontario is engaging on five areas of focus as a first
step of a phased approach to inform opportunities for a proposed modernized legislative
framework:
1. The scope of an emergency and emergency management
2. One window approach to provincial emergency management coordination
3. Enhancing coordination between government, broader public sector, and
external partners
4. Improving the consistency, quality and inclusivity of emergency management
programs
5. Reflecting how Ontario works with First Nations in emergency management
Page 2 of 3
To support engagement, a discussion guide has been posted to Ontario’s Regulatory
Registry and the Environmental Registry of Ontario, which includes further details and
questions for partners, stakeholders and members of the public. This discussion guide
will be open for feedback until August 26, 2024. Emergency Management Ontario is
also holding focused engagements with partners and stakeholders to seek further
feedback and build upon what we have heard.
Responses from this engagement over the Summer of 2024 will help inform how
Ontario could modernize the emergency management legislative framework to
strengthen the province’s ability to prevent, mitigate, prepare for, respond to, and
recover from emergencies and align with Ontario’s emergency management vision for a
safe, practiced and prepared Ontario.
If you have any questions, please contact Michelle Astill, Director, Emergency
Management Policy and Governance Branch, Emergency Management Ontario, at
Michelle.Astill@ontario.ca.
We are grateful for your valuable feedback and thank you for your ongoing collaboration
and coordination to advance emergency management in the province.
Best always,
Bernie Derible
Deputy Minister and Commissioner of Emergency Management
Treasury Board Secretariat
Cc:
Eric Everett, Assistant Deputy Minister, Emergency Management Strategy, Monitoring
and Intelligence Division, Emergency Management Ontario, Treasury Board Secretariat
Heather Levecque, Assistant Deputy Minister, Emergency Management Operations
Division, Emergency Management Ontario, Treasury Board Secretariat
Lisa Priest, Assistant Deputy Minister, Emergency Management Preparedness,
Programs and Planning Division, Emergency Management Ontario, Treasury Board
Secretariat
Page 3 of 3
Michelle Astill, Director, Emergency Management Policy and Governance Branch,
Emergency Management Strategy, Monitoring and Intelligence Division, Emergency
Management Ontario, Treasury Board Secretariat
Municipality of Bayham
Housing Market Update for June 2024
Year-to-date
*Based on residential data from the Woodstock Ingersoll Tillsonburg & Area Association of
REALTORS® MLS® System. All percentage changes are year-over-year comparisons.
Sold Listings, up 5.1%
Year-to-date home sales numbered 41 units at the
end of June 2024, this is up 5.1% compared to same
period in 2023.
New Listings, up 33.8%
Year-to-date there were 99 listings added by the end of
June 2024, this is up 33.8% compared to the same period in
2023.
Available inventory is up 28.5%
**At the end of June 2024 there was 6.3 months of
inventory, up from 4.9 months of inventory at the end
of June 2023
**Available Inventory is the active listings at month end divided by monthly sales.
Average Price is down 4.7%
Year-to-date the average residential property in
Municipality of Bayham sold for $638,447, down 4.7%
compared to the same period in 2023.
The trademark MLS®, Multiple Listing Service® and the associated logos are owned by the Canadian Real Estate Association (CREA) and identify the quality of service
provided by real estate professionals who are members of CREA.
The Woodstock Ingersoll Tillsonburg & Area Association of REALTORS® operates the Multiple Listing Service® in the region. REALTOR® is a trademark, which identifies real estate professionals who are members of the Canadian Real Estate Association and, as such, subscribe to a high standard of professional service and to a strict Code of Ethics.
Woodstock Ingersoll Tillsonburg & Area Association of REALTORS®
6-65 Springbank Avenue, Woodstock, Ontario N4S 8V8
Phone: 519-539-3616
MUNICIPALITY OF BAYHAM REAL ESTATE MARKET REPORT FOR JUNE 2024
The number of homes sold through the MLS® System of the Woodstock Ingersoll
Tillsonburg & Area Association of REALTORS® in Municipality of Bayham totaled 7 units in June 2024. There was no change when compared to June 2023.
On a year-to-date basis, home sales totaled 41 units in 2024. This is an increase of
5.1% when compared to the same period in 2023.
In June 2024, the average price of homes sold was $949,286, an increase of 93.3%
from June 2023.
The more comprehensive year-to-date average price was $638,447, a decrease of
4.7% when compared to the same period in 2023.
On a year-to-date basis the dollar volume of all sales totaled $26.1 million, up
0.2% compared to the same period in 2023.
The number of new listings was down 6.7% when compared to June 2023. In June
2024 there were 14 new residential listings.
There were 44 active residential listings on the market at the end of June, an
increase of 29.4% compared to June 2023.
Months of inventory numbered 6.3 months at the end of June 2024, up from 4.9
months to the end of June 2023. The number of months of inventory is the number of months it would take to sell current inventories at the current rate of sales
activity. CONTACT: PRESIDENT GOV’T RELATIONS CHAIR EXEC. OFFICER ALISON PORTER FRED FREEMAN NICOLE BOWMAN
Alison.porter@century21.ca ffreeman@oxford.net nicole@witaar.ca 519-854-0856 519-421-5714 519-532-4078
MARKET REPORT
LONG POINT REGION CONSERVATION AUTHORITY
Board of Directors Meeting Minutes of June 5, 2024
Approved July 3, 2024
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 1 -
Members in attendance:
Robert Chambers, Chair County of Brant
Dave Beres, Vice-Chair Town of Tillsonburg
Doug Brunton Norfolk County
Michael Columbus Norfolk County
Tom Masschaele Norfolk County
Jim Palmer Township of Norwich
Chris Van Paassen Norfolk County
Rainey Weisler Municipality of Bayham/Township of Malahide
Peter Ypma Township of South-West Oxford
Regrets:
Shelley Ann Bentley Haldimand County
Stewart Patterson Haldimand County
Staff in attendance:
Judy Maxwell, General Manager
Aaron LeDuc, Manager of Corporate Services
Leigh-Anne Mauthe, Interim Manager of Watershed Services
Saifur Rahman, Manager of Engineering and Infrastructure
Paul Gagnon, Lands and Waters Supervisor
Jessica King, Social Media and Marketing Associate
Dana McLachlan, Executive Assistant
1. Welcome and Call to Order
Chair, Robert Chambers called the meeting to order at 6:30 p.m., Wednesday, June 5, 2024.
2. Additional Agenda Items
There were no additional agenda items.
3. Approval of the Agenda
A-70/24
Moved by J. Palmer
Seconded by M. Columbus
THAT the LPRCA Board of Directors approves the agenda as circulated.
Carried
4. Declaration of Conflicts of Interest
None were declared.
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 2 -
5. Minutes of the Previous Meeting
a) Board of Directors Meeting Minutes of May 1, 2024
There were no errors or omissions.
A-71/24
Moved by P. Ypma
Seconded by R. Weisler
THAT the minutes of the LPRCA Board of Directors Meeting held May 1, 2024 be adopted as
circulated.
Carried
6. Business Arising
There was no business arising from the minutes.
7. Review of Committee Minutes
a) Lee Brown Marsh Management Committee – December 14, 2023
There were no questions or comments.
A-72/24
Moved by M. Columbus
Seconded by D. Brunton
THAT the minutes of the Lee Brown Marsh Management Committee Meeting held December
14, 2023 be adopted as circulated.
Carried
b) Audit and Finance Committee – May 10, 2024 Draft
There were no questions or comments.
A-73/24
Moved by D. Beres
Seconded by C. Van Paassen
THAT the minutes of the Audit and Finance Committee Meeting held May 10, 2024 be adopted
as circulated.
Carried
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 3 -
8. Correspondence
a) Bobbi Ann Brady, Haldimand-Norfolk MPP – Public Health Ontario’s Phase-out of
free public water testing
A-74/24
Moved by C. Van Paassen
Seconded by J. Palmer
THAT the correspondence outlined in the Board of Directors agenda of June 5, 2024 be
received as information.
Carried
9. Planning Department
a) Section 28 Regulations Approved Permits (L. Mauthe)
Through the General Manager’s delegating authority, 24 applications were approved in the past
month. A summary of the applications was provided in the report.
Michael Columbus asked if permit LPRCA-32/23 was for the same property as the Hearing this
evening. Leigh-Anne Mauthe replied that it was, two permits have been approved and another
application is outstanding unable to be approved by staff as it does not meet policy
requirements.
A-75/24
Moved by R. Weisler
Seconded by T. Masschaele
THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits
report dated June 5, 2024 as information.
Carried
10. New Business
a) General Manager’s Report (J. Maxwell)
Judy Maxwell provided a report summarizing operations this past month. In addition to the report,
Judy advised the Board that the current Backus Museum Committee Chair, Betty Chanyi, recently
resigned from the committee. An election for a new Chair will occur at the next committee
meeting.
A-76/24
Moved by D. Brunton
Seconded by R. Weisler
That the LPRCA Board of Directors receives the General Manager’s Report for May 2024 as
information.
Carried
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 4 -
b) 2024 Tree Planting Report (P. Gagnon)
The report was presented by Paul Gagnon and in response to the Board’s questions with
regards to the planning process, Paul responded that it is site specific depending on the
landowner’s objectives, site conditions, soil conditions, prep work required, species available for
the conditions.
A-77/24
Moved by J. Palmer
Seconded by C. Van Paassen
THAT the LPRCA Board of Directors receives the Tree Planting Program Update as
information.
Carried
c) Asset Retirement Obligation Policy (A. LeDuc)
Aaron LeDuc presented the report noting the policy had been presented and supported by the
Audit and Finance Committee, on May 10, who then directed that the policy be sent to the
Board for approval.
A-78/24
Moved by C. Van Paassen
Seconded by R. Weisler
THAT the LPRCA Board of Directors approves the Asset Retirement Obligation Policy.
Carried
d) Update to LPRCA Hearing Procedures Policy, CA Act Section 28 (L. Mauthe)
The report and the updated Hearing Procedures Policy was presented by Leigh-Anne Mauthe.
A-79/24
Moved by T. Masschaele
Seconded by D. Brunton
THAT the updated Hearing Procedures Policy, CA Act Section 28 be approved.
Carried
e) Community Outreach (Jessica King)
Jessica King provided a summary of past and upcoming events in 2024 as outlined in the
report. All upcoming events can be found on the LPRCA website at the following link.
https://www.lprca.on.ca/events/; and the Interpretive Programming calendar for the Backus
Heritage Conservation Area can also be found on the LPRCA website at the following link.
https://www.lprca.on.ca/interpretive-programming/.
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 5 -
Robert Chambers was pleased to see the return of the War of 1812 event this year.
A-80/24
Moved by P. Ypma
Seconded by R. Weisler
THAT the LPRCA Board of Directors receives the 2024 Community Outreach report as
information.
Carried
Next meeting: July 3, 2024, Board of Directors, 6:30 p.m.
Adjournment
The Chair adjourned the meeting at 7:03 p.m.
Robert Chambers Judy Maxwell
Chair General Manager/Secretary-Treasurer
/dm
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 1 -
LONG POINT REGION CONSERVATION AUTHORITY
Hearing Board Meeting Minutes of June 5, 2024
Approved July 3, 2024
Members in attendance:
Robert Chambers, Chair County of Brant
Dave Beres, Vice-Chair Town of Tillsonburg
Doug Brunton Norfolk County
Michael Columbus Norfolk County
Tom Masschaele Norfolk County
Jim Palmer Township of Norwich
Chris Van Paassen Norfolk County
Rainey Weisler Municipality of Bayham/Township of Malahide
Peter Ypma Township of South-West Oxford
Regrets:
Shelley Ann Bentley Haldimand County
Stewart Patterson Haldimand County
Staff in attendance:
Judy Maxwell, General Manager
Aaron LeDuc, Manager of Corporate Services
Leigh-Anne Mauthe, Interim Manager of Watershed Services
Saifur Rahman, Manager of Engineering and Infrastructure
Jessica King, Social Media and Marketing Associate
Dana McLachlan, Executive Assistant
1. Roll Call and Call to Order
The Chair called the meeting to order at 7:15 p.m., Wednesday, June 5, 2024.
A-81/24
Moved by D. Beres
Seconded by R. Weisler
THAT the LPRCA Board of Director’s does now sit as a Hearing Board.
Carried
The roll was called to conduct the following Hearing under Section 28 of the Conservation
Authorities Act.
2. Declaration of Conflicts of Interest
None were declared.
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 2 -
3. Hearing: LPRCA-86/24 – Theresa Livingston
4. Chair’s Opening Remarks
The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the
hearing.
5. Presentation by Long Point Region Conservation Authority Staff
Leigh-Anne Mauthe introduced the applicant Theresa Livingston and her husband, Jerry Livingston,
then proceeded to present the staff report.
Staff recommended refusal to grant a permit for this application for the following reasons:
1. The construction of the proposed structure is contrary to Long Point Region
Conservation Authority shoreline policies for development in the Lake Erie flood hazard
and dynamic beach area. These policies have been implemented to reduce or eliminate
preventable risk to life and property damage from flooding.
2. The control of flooding is affected by the development as the overall risk to property
damage is increased.
3. The control of dynamic beach is affected by the development as it creates a new hazard
and the overall risk to property damage is increased.
Peter Ypma asked what the primary concern is with regards to the regulations. Leigh-Anne Mauthe
replied both the risk to life and property and the dynamic beach hazard.
6. Presentation by the Applicant
Nathan Kolomaya and Dave McPherson addressed the board on behalf of the client requesting
approval of the application. A presentation was not submitted by the applicant in advance of the
hearing.
Mr. Kolomaya requested that the Board keep in mind the application is for a minor addition. The
structure is being built to withstand hydrostatic forces and there is over 200’ of beach.
Mr. McPherson stated that the LPRCA mapping does not readily show the dynamic beach hazards
so the applicants and their agent were unaware that such a hazard existed until a later date. The
Norfolk County Lake Erie Hazard Mapping and Risk Assessment Report, 2020, commissioned by
LPRCA for Norfolk County was referenced. Mr. McPherson stated that both the Baird Report and
the online LPRCA maps carry disclaimers and therefore their accuracy cannot be relied upon. The
applicants asked surveyors, Jewitt and Dixon, to plot the dynamic beach on land but were unable to
do so because there was no point of reference on land. The mapping was completed using aerial
photography.
Staff and the proponent responded to questions from the Board.
Peter Ypma requested clarification on the size of the addition within the hazard area. Jerry
Livingston replied that it was approximately 16’x17’.
Peter Ypma asked what the dangers are by allowing the structure within the dynamic beach hazard
line. Leigh-Anne responded that it depends on water movement and the sediment supply to the
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 3 -
beach. Generally, any type of structure creates a barrier to the sediment supply. The beach is
currently approximately 200’ but has been much smaller in the past few years with higher water
levels. If the natural processes of a dynamic beach are impeded, it could potentially leave no beach
and the water could potentially come up to and surpass the building structure which could potentially
impact the soil in the area. This flood hazard applies to all of Turkey Point. When reviewing
applications in that area, staff are concerned with not interrupting those natural dynamic beach
processes.
Jim Palmer remarked that the dynamic beach hazard line looked straight and questioned if the
beach was normally straight. Leigh-Anne replied that the beach is predominantly straight with a
slight curve.
Doug Brunton asked staff for clarification of the Flood Elevations and the foundation level of the
addition. Leigh-Anne replied that the 100-year flood event static elevation is 176.5m and the addition
is at the 177.54m mark.
The members entered the closed session of the Hearing Board at 8:08 p.m.
A-82/24
Moved by M. Columbus
Seconded by R. Weisler
THAT the LPRCA Hearing Board does now enter into a closed session to discuss:
Litigation or potential litigation, including matters before administrative tribunals (e.g. Local
Planning Appeal Tribunal), affecting the Authority.
Carried
The LPRCA Hearing Board reconvened in open session at 8:23 p.m.
The Chair advised Theresa Livingston that the permit has been approved.
A-83/24
Moved by J. Palmer
Seconded by R. Weisler
That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board.
Carried
Adjournment
The Chair adjourned the meeting at 8:25 p.m.
_________________________________ ________________________________
Robert Chambers Judy Maxwell
Chair General Manager/Secretary-Treasurer
/dm
PORT BURWELL AREA SECONDARY WATER SUPPLY SYSTEM SPECIAL MEETING- April 24, 2024 – 1:00 PM
_______________________________________________________________ The PBASWSS Board met at the Springfield & Area Community Services Building, at 51221 Ron McNeil Line, Springfield, at 1:00p.m. The following were present: Board Members:
Municipality of Central Elgin – Norman Watson Township of Malahide – Chester Glinski
Municipality of Bayham – Tim Emerson Staff: Municipality of Central Elgin – Alex Piggott and Geoff Brooks
Township of Malahide – Nathan Dias, Jason Godby, Sam Gustavson, Adam Boylan, and Allison Adams Municipality of Bayham – Ed Roloson, Thomas Thayer, and Harry Baranik Also Present: Pure Technologies Ltd. – Josh Greenberg and Ashan McNealy (1) Call to Order
Norman Watson is appointed Chair and the meeting is called to order at 1:02p.m. (2) Disclosure of Pecuniary Interest N/A
(3) Reports - Port Burwell Area Secondary Water Supply System - Pipeline Desktop Condition Assessment Report
S. Gustavson, the Operations Manager for Water/Waste Water at the administering Municipality, provided a brief overview of his report and highlighted its alignment with the upcoming presentation for the board. Consequently, the board listened to the presentation before deciding on the recommendation.
(4) Presentation
- Pure Technologies Ltd. - Desktop Assessment of the Port Burwell Area Secondary Water Supply System
Josh Greenby from Pure Technologies Ltd. presented the components analyzed in a project of
this scale. Following that, he delivered a comprehensive project overview of the Port Burwell Area Secondary Water Supply System, focusing on these components. Subsequently, he outlined the risk assessment section of the desktop appraisal, categorizing risks and outlining the potential consequences of failure. The presentation concluded with the assessment
recommendations.
Member Emerson asked about staff's capability to offer details on surge relief mechanisms for pressure reduction. Member Watson agreed with this request, emphasizing the importance of pressure relief. Manager Gustavson suggested incorporating this into a review process and
updating the board accordingly.
Member Glinski asked whether the upcoming project would involve an improved pipe design. Mr. Gustavson assured that the pipe's quality and standards would surpass those of previous versions, as the engineer will incorporate the latest practices and materials during design and installation. He emphasized the significance of conducting inspections at various project stages.
Moved by: Chester Glinski Seconded by: Tim Emerson THAT Report No. PBAWSS-24-06 entitled “Port Burwell Area Secondary Water Supply System - Pipeline Desktop Condition Assessment Report” be received; AND THAT the Port Burwell Area Secondary Water Supply System Joint Board of
Management direct the Staff of the administering Municipality to initiate and develop a Request for Proposal (RFP) to obtain an Engineering Consultant to prepare a detailed Tender ready engineered design for the replacement of the entire Port Burwell Area Secondary Water Supply System transmission main. AND that the Port Burwell Area Secondary Water Supply System Joint board of management direct staff of the administering municipality to review surge relief mechanisms to help reduce interim risk.
Carried Moved by: Tim Emerson Seconded by: Chester Glinski
THAT the presentation from Pure Technologies Ltd. relating to the Desktop Assessment of the Port Burwell Area Secondary Water Supply System be received for information. Carried
(5) Adjournment Moved by: Chester Glinski Seconded by: Tim Emerson
THAT the Port Burwell Secondary Water Supply System Joint Board of Management adjourn at 2:20p.m. Carried
___________________________________ Norman Watson - Board Chair
___________________________________ Allison Adams - Clerk
JOINT AGENDA
AYLMER AREA SECONDARY WATER SUPPLY SYSTEM PORT BURWELL AREA SECONDARY WATER SUPPLY SYSTEM
JOINT BOARD OF MANAGEMENT
June 12, 2024 – 1:00 PM Malahide Council Chambers 51221 Ron McNeil Line, Springfield, ON
Board Members:
Municipality of Central Elgin – Norman Watson
Town of Aylmer – Pete Barbour Township of Malahide – Chester Glinski
Municipality of Bayham – Tim Emerson
Staff:
Municipality of Central Elgin – Alex Piggott Town of Aylmer – Andy Grozelle Township of Malahide –Jason Godby, Sam Gustavson, Adam Boylan, and Tanya Hoover
(1)Call to Order
Pete Barbour is appointed Chair and the meeting is called to order at 1:00 pm.
(2)Disclosure of Pecuniary Interest
No disclosures of pecuniary interest declared
(3)Adoption of Prior Minutes
Moved by: Norman Watson Seconded by: Tim Emerson
THAT the minutes of the Port Burwell Area Secondary Water Supply System Joint Board of Management meeting held on March 6, 2024 and April 24, 2024 be approved as circulated.
Carried
Moved by: Chester Glinski Seconded by: Tim Emerson
THAT the minutes of the Aylmer Area Secondary Water Supply System Joint Board of Management meeting held on March 6, 2024, be approved as circulated. Carried DRAFT
(4) Reports
- Water Loss Billing Members discussed the water loss billing matter and instructed the administrating staff to follow up with a report, including additional details on the matter under consideration.
Moved by: Norman Watson Seconded by: Chester Glinski THAT Report AASWSS-24-08 titled “Water Loss Billing” be received.
Carried
- 2023 Audited Financial Statements and Year-End Report
Moved by: Norman Watson Seconded by: Chester Glinski THAT the 2023 Audited Financial Statements and Year-End Report be received; AND THAT the Chair be authorized to sign the Engagement Letter, Audit Planning Letter,
and Audit Findings Letter from Graham, Scott, Enns LLP, dated June 12, 2024, on behalf of the AASWSS Board. AND THAT the Aylmer Area Secondary Water Supply System 2023 surplus of $239,383 be transferred to reserves.
Carried
- 2023 Audited Financial Statements and Year-End Report
Moved by: Tim Emerson Seconded by: Norman Watson THAT the 2023 Audited Financial Statements and Year-End Report be received; AND THAT the Chair be authorized to sign the Engagement Letter, Audit Planning Letter,
and Audit Findings Letter from Graham, Scott, Enns LLP, dated June 12, 2024, on behalf of the PBASWSS Board. AND THAT the Port Burwell Area Secondary Water Supply System 2023 surplus of $116,067 be transferred to reserves.
Carried - Mid-Year Financial Update
Moved by: Norman Watson Seconded by: Chester Glinksi DRAFT
THAT Report AASWSS-24-10 entitled “Mid-Year Financial Update” be received. Carried
- Mid-Year Financial Update Moved by: Tim Emerson Seconded by: Chester Glinksi
THAT report PBASWSS-24-11 entitled “Mid-Year Financial Update” be received. Carried
- APAM SCADA Wide Area Network Agreement
Moved by: Norman Watson Seconded by: Tim Emerson THAT Report No. AASWSS-24-05 entitled “APAM SCADA Wide Area Network Agreement” be received;
AND THAT the Aylmer Area Secondary Water Supply System Joint Board of Management authorizes the Administering Municipality to renew the APAM SCADA Wide Area Network Agreement for a term of three years and to execute the necessary documents with Execulink; SUBJECT TO the acceptance by the Township of Malahide and the Joint Board
of Management for the Port Burwell Area Secondary Water Supply System of their portion. Carried
- APAM SCADA Wide Area Network Agreement
Moved by: Tim Emerson Seconded by: Norman Watson THAT Report No. PBASWSS-24-07 entitled “APAM SCADA Wide Area Network Agreement” be received; AND THAT the Port Burwell Area Secondary Water Supply System Joint Board of Management authorizes the Administering Municipality to renew the existing APAM
SCADA Wide Area Network Agreement for a term of three years and to execute the necessary documents with Execulink; SUBJECT TO the acceptance by the Township of Malahide and the Joint Board of Management for the Aylmer Area Secondary Water Supply System of their portion.
Carried DRAFT
- 2024 First Quarter Operations Report Moved by: Norman Watson Seconded by: Chester Glinski
THAT Report No. AASWSS-24-06 entitled “2024 First Quarter Operations Report” be received. Carried
- First Quarter 2024 Operations Report Moved by: Norman Watson Seconded by: Chester Glinksi
THAT Report No. PBASWSS-24-08 entitled “First Quarter 2024 Operations Report” be received. Carried
- DWQMS Operational Plan: Revision to Element 3 – Commitment and Endorsement Moved by: Norman Watson Seconded by: Chester Glinksi
THAT Report No. AASWSS-24-07 entitled “DWQMS Operational Plan: Revision to Element 3 – Commitment and Endorsement” be received; AND THAT the Joint Board of Management for the Aylmer Area Secondary Water Supply System does hereby endorse the Operational Plan and authorizes the Mayor and Clerk of
the Administering Municipality, being the Township of Malahide, to sign the Element 3 Commitment and Endorsement on their behalf. Carried
- DWQMS Operational Plan: Revision to Element 3 – Commitment and Endorsement Moved by: Tim Emerson Seconded by: Norman Watson
THAT Report No. PBASWSS-24-09 entitled “DWQMS Operational Plan: Revision to Element 3 – Commitment and Endorsement” be received; AND THAT the Joint Board of Management for the Port Burwell Area Secondary Water Supply System does hereby endorse the Operational Plan and authorizes the Mayor and
Clerk of the Administering Municipality being the Township of Malahide to sign the Element 3 Commitment and Endorsement on their behalf. Carried DRAFT
(5) Correspondence N/A (6) New Business
N/A (7) Adjournment
Moved by: Chester Glinksi Seconded by: Norman Watson THAT the Aylmer Area Secondary Water Supply System Joint Board of Management adjourn at 2:02 p.m. to meet again on September 4, 2024 at 1:00 p.m.
Carried Moved by: Tim Emerson
Seconded by: Chester Glinksi THAT the Port Burwell Secondary Water Supply System Joint Board of Management adjourn at 2:02 p.m. to meet again on September 4, 2024 at 1:00 p.m.
Carried _____________________________ Pete Barbour – Board Chair
_____________________________ Allison Adams - Clerk DRAFT
Annual
Report
2023
Mayor Joe PrestonBoard Chair, City of St. Thomas Cynthia St. JohnChief Executive Officer Dr. Ninh Tran Medical Officer of HealthCouncillor Bernia MartinBoard Vice-Chair, Oxford County
Leading the way in
protecting and promoting
the health of all people in
our communities, resulting
in better health.
OUR MISSION
Healthy people in
vibrant communities.
OUR VISION
• Evidence
• Collaboration
• Accountability
• Quality
• Equity
• Forward-thinking
OUR VALUES
Community Leadership
The Southwestern Public Health Board of Health is comprised of municipal appointees
and provincially appointed Order in Council positions.
The Board is accountable to the Ontario Ministry of Health and the communities of
Oxford County, Elgin County, and the City of St. Thomas to ensure we deliver quality,
responsive programs and services under the Ontario Public Health Standards as regulated
by the Ontario Health Protection and Promotion Act.
2
Warden Marcus RyanOxford County
Deputy Warden Grant Jones
Elgin County
Councillor David Mayberry
Oxford County
Councillor Jack Couckuyt
Elgin County
Lee RowdenProvincial Appointee
Councillor Jim Herbert
City of St. Thomas
Davin ShinedlingProvincial Appointee David WardenProvincial Appointee
In memory of Councillor Duncan MacPhail (West Elgin), whose dedication to public health and
unwavering commitment to the well-being of our community will forever inspire and guide us.
Councillor Duncan MacPhailElgin County - In Memoriam
Councillor Mark Peterson
Oxford County
As I reflect on the 2023 year and my term as Chair of the Southwestern Public Health Board of Health,
what stands out most prominently is the commitment of my colleagues to the well-being of every
Oxford, Elgin, and St. Thomas resident.
Public health’s legislated mandate is broad and ranges from food safety to routine immunization to
emergency management to safe water. Each health unit strives to shape its service delivery based on
the unique needs of the communities it serves and in a way that is accessible, equitable and fair.
Through a series of staff presentations, we were informed about a new Nurse Partnership Program
that connects young families with area primary care providers for pre and post-natal care, and a new
comprehensive school health model that is focused on delivering a greater volume of service to the
schools we know need it the most.
We had lengthy and often animated conversations about the local opioid crisis, the need to prevent
dozens of overdose deaths and public health’s role in this escalating and devastating tragedy. This
conversation led to the commissioning of a Feasibility Study on Consumption and Treatment Services
and conversations with local municipalities about their willingness to support this type of service.
Our Board governance work spans from monitoring our organization’s financial health to understanding
organizational risks, to exploring the opportunities to work with community partners to improve
health outcomes in our communities. We also worked together to determine where additional invest-
ment was required to make changes in the shorter-term (3-5 years). All this work is done in partnership
with the skillful and dedicated leadership of our Chief Executive Officer, Cynthia St. John, and our
Medical Officer of Health, Dr. Ninh Tran.
As a Board, we look forward to reviewing the data that illustrates a marked improvement in the
health of our community – and reporting the progress we are making in priority areas back to each of
you. Lastly, to the staff, thank you for your commitment to community health and vitality – none of
this would be possible without you.
Best Regards,
Joe Preston
Chair, Board of Health
43
Message from the Board of Health
2023 was the year that the dust settled on the Covid-19 pandemic response.
The pandemic was not “over,” and cases continued, but our response work lessened, and the staff
team could more easily turn their attention to the other core work of public health. This included the
backlog of immunizations, inspections, and other follow-up work that resulted from our intense focus
on the pandemic since 2020.
As the last of our mass immunization clinics were closing, our Foundational Standards team was preparing
a Board of Health presentation that would change the course of the year for Southwestern Public Health.
Upon learning that the health status of the residents of Oxford County, Elgin County, and the City of
St. Thomas lagged that of the rest of Ontario in some domains, the Board of Health requested
recommendations on where further investment into public health interventions could impact population
health objectives over the next three to five years.
What followed was a prioritization process that looked at available data, research evidence, ethical
considerations, and public health expertise to select seven priorities: climate change, substance use
prevention, nurse family partnership, mental health promotion, childhood immunizations, infection
prevention and control, and emergency management. Details about each of these priorities and
what we hope to achieve can be found throughout this Annual Report.
None of this work, of course, would be possible without the nearly 200 nurses, inspectors, dietitians,
dental hygienists and assistants, program assistants, epidemiologists, planners, health promoters
and so many others who show up with passion, professionalism, and commitment every day. This
staff team is the best of the best – laser-focused on improving the health of our clients and the
communities we serve.
I am so proud to work for an organization that is data-driven and willing to do the hard work of
prioritization. I am so grateful to work with a Board of Health willing to make such a bold, courageous
investment into the health of their community.
Recently, the Ministry of Health announced a
three-pronged strategy for strengthening public health
that includes voluntary mergers, a thorough review of the
Ontario Public Health Standards, and multi-year funding
commitment. Adequate and consistent funding from our
provincial funders is needed to improve the health and
well-being of our communities. While I cannot predict
what will unfold in 2024, I am confident that the public
health leadership of our Board and staff will serve this
community well throughout any transition that comes our
way.
With gratitude,
Cynthia St. John
Chief Executive Officer
Message from the CEO
2023 was a memorable year for me both professionally and personally as it was my second year, and
my first full year as Medical Officer of Health for Southwestern Public Health. It was also a year with a
“new” Board of Health and new faces at the leadership table following the 2022 municipal election.
In the 2022 Annual Report I commented that as we transitioned our work away from a complete focus
on Covid-19, I was looking forward to focusing on other critical public health issues, including the
opioid crisis, climate change, and other health system initiatives.
This transition from Covid-19 to other crucial public health issues was punctuated with the closure of
our mass immunization clinics in February. My work took a sharp turn with my involvement in a feasi-
bility study entitled, “An Exploration of the Need for and Feasibility of Consumption and Treatment
Services in the Southwestern Public Health Region.” The recommendations in the Report were
endorsed by the Board of Health in June and we have since engaged in some challenging yet
thoughtful conversations with municipalities and other community groups about this strategy and
others required to combat the opioid crisis hitting our region.
Climate change is a public health issue. Global warming and extreme temperatures impact human
health directly (especially our most vulnerable populations) and indirectly. For example, in a largely rural
community, changes to average temperature and precipitation patterns may disrupt agricultural busi-
nesses and the production of food. As part of SWPH’s Climate Change Working Group, I provided input
into the development of SWPH’s Climate Science Report, a Report describing the anticipated impacts of
climate change on future temperature, precipitation, air quality and ultraviolet index in Oxford and Elgin
Counties. I look forward to sharing the results of the follow-up Climate Change and Health Vulnerability
Assessment we are doing in partnership with the Waterloo Climate Institute at the University of Waterloo.
These two priorities were of course accompanied by
work that ranged from local measles preparedness
to the roll out of the new RSV vaccine to the vulnera-
ble residents of congregate living settings, to issuing
our first air quality warnings related to forest fires, to
launching successful campaigns to encourage pap
smears and STI testing.
I am grateful for the amazing staff, the leadership
team and Chief Executive Officer, a supportive
Board of Health, and great partners and residents
that have supported me and SWPH in resuming our
core services and tackling new challenges. I look
forward to 2024 and continuing this important work.
Sincerely,
Ninh Tran
Medical Officer of Health
Message from the MOH
65
For our full 2023 Audited Financial Statements, visit our website.
Southwestern Public Health
Financial Picture, Year Ending
December 31, 2023
City of St. Thomas
Clinics
County of Elgin
County of Oxford
Interest
Other fees & recoveries
Province of Ontario
PHAC
Public Health Ontario
Total Revenue
Revenue
$1,115,063
$23,880
$1,351,194
$3,169,783
$221,209
$121,776
$17,209,082
$182,940
$4,894
$23,399,821
Cost shared general
programs and services
Covid -19
100% Ministry funded
programs
Other programs &
one time expenditures
Total Expenses
Expense
$17,183,011
$1,376,534
$1,125,477
$3,136,403
$22,821,425
Institutional Outbreak Leads
were trained on requirements
and process surrounding identified
suspected outbreaks
All food safety and infection
prevention & control inspections
were conducted at licensed
childcare centres
100%
ELGIN
Thamesford
school immunization
clinics for Grade 7
students
Number of students whose
vaccine records were assessed
for completeness
people were immunized at SWPH clinics in visits to an SWPH sexual health clinic
new hires in 2023
Visits to all regional sites for
Needle Syringe Program:
98%
Tobacco retailers
inspected for compliance
with rules for tobacco
products/accessories
Staff that received
trauma-informed care
and de-escalation
strategies training
Vapour product retailers
that were inspected and
received education on the
Smoke-free Ontario Act
95%
69%
students were screened by the Oral Health Team
of students screened were found to have clinical need
for preventive services
were found to need emergency/essential treatment
of those enrolled in Healthy Smiles Ontario began treat-ment within 16 weeks
63%
11%
Suspension notices:
Students whose parents
received at least one
Request for Information
78%
prenatal screens completed
online breastfeeding
support referrals
in-depth Healthy
Baby Healthy
Children screens
potential rabies exposures
30%
increase
from
2022
people reached through Facebook,
Instagram & X (Twitter)
people accessed our website
IT tickets
resolved
97% of staff completed
Cyber Security Training
54%
27%
of priority schools
received at least one
Healthy Relationships
Plus program
of staff are up-to-date
with legislated training
requirements
100%
farms that employ
international workers
Investigated or responded to:
food safety complaints
interactions with local schools
visits to priority schools
Early this year, the members of the Board of Health presented an exciting challenge to us by posing
the following question: If you could receive additional investment in services that would move the
needle on public health outcomes over the next three to five years, where would you invest that
funding and why?
The 2023 program plans were reviewed to determine if further investment could impact the population
health objectives within the next three-to-five years. The following were taken into consideration as
we prioritized the plans for investment: population health objective, whether it was a public health
priority, and the quality and availability of data to measure the impact over time.
CLIMATE CHANGE
Intervention for: Residents of Oxford County, Elgin County, and the City of St. Thomas
Data: The rate of heat-related Emergency Department visits in SWPH has been double to triple
the Ontario rate since 2018.
The work of climate change in public health is currently focused on completing a Health Vulnerability
and Adaptation Assessment which aims to understand the current and projected future risks of
climate change on the people living in our region and ultimately to identify policies and programs to
increase readiness for and resilience to these risks. The vulnerability assessment will improve our
understanding of the current associations between weather, climate, and health outcomes. Our goal
is to reduce the negative health impacts of climate change on the population.
SUBSTANCE USE PREVENTION
Intervention for: School-aged Children and Youth
Data: Youth in the Southwestern Public Health region are trying vaping, and vaping more often,
than other youth in Ontario.
Youth vaping has become a significant local issue as evidenced by reports from our local schools and
school boards. At the same time, the body of evidence on the health harms related to vaping has
been growing, especially for the youth population. A comprehensive health promotion approach,
including policy development, school-level programming, and enforcement, will be required to
reduce first-time and subsequent vaping.
Intervention for: Vulnerable Populations
Data: As of 2021, the rate of opioid-related deaths in the Southwestern Public Health region was
higher than the Ontario rate.
SWPH’s harm reduction work strives to minimize potential harms or negative consequences associated
with using opioids, like Hepatitis C, HIV/AIDS, opioid overdoses, and deaths. With further investment
in sharps management, needle supply services, naloxone support, along with training, we hope to
see reduced rates of new cases of Hepatitis C and HIV as well as reduced rates of opioid-related
emergency room visits, hospitalizations, and deaths.
NURSE FAMILY PARTNERSHIP
Intervention for: Expectant First-time Mothers and Babies 0-2 years old
The Nurse Family Partnership is a Public Health Nurse-only home visiting program that empowers
first-time moms with key tools and supports to create better outcomes for themselves and their babies.
With over 20 years of high-level evidence to support this program, the NFP program is considered the
gold standard of home visiting programs. First-time expectant mothers that have been negatively
affected by social determinants of health, experience barriers to accessing health care services, and
show the greatest needs requiring the highest level of expertise will be offered this service.
MENTAL HEALTH PROMOTION
Intervention for: Residents of Oxford County, Elgin County, and the City of St. Thomas
Data: The percentage of people who reported their mental health as “fair” or “poor” nearly doubled
among Southwestern Public Health residents from 2015/2016 to 2019/2020.
The Covid-19 pandemic negatively impacted the mental health of Ontarians and, in particular, the
workforce involved with the pandemic response and those working in a support capacity. There is
great value in mental health promotion activities that address the repercussions associated with a
prolonged emergency state as well as preparing organizations and the community at large for future
emergencies such as providing support for staff well-being, resiliency training, and managing the
backlog of paused services while avoiding staff burnout. SWPH is well-positioned to focus on dedi-
cated Covid recovery initiatives with the intention that we will pilot the mental health promotion
interventions internally and then share them with partner agencies for implementation.
109
CHILDHOOD IMMUNIZATIONS
Intervention for: School-aged Children and Youth
Data: Immunization coverage for Hepatitis B and Meningococcal among 12-year-olds in the Southwestern
Public Heath region decreased significantly between 2018 and 2021 (6.7% for HepB and 7.9% for MenC).
In addition to catch-up vaccine work that could not be accomplished during the pandemic, we have
an increasing number of families in the community who do not have a regular health care provider
and must turn to public health for immunizations or who are new to Canada and have not had the
same vaccine access as those born in Canada. Further investment in this field will ensure we can
continue to immunize children in a timely way and expand our outreach to vaccine-hesitant populations
and communities who are newer to our communities and also require translation and interpretation
services (i.e. Punjabi, Hindi, Mandarin, Ukrainian).
INFECTION PREVENTION AND CONTROL
Intervention for: Employees of Congregate Living Settings
Data: There was only one reported outbreak in a congregate living setting in 2019. In 2022, there were 67.
Between 2019 and 2022, for example, the number of respiratory outbreaks in long-term care and
retirement homes in our region each year more than doubled. Because of these increases, it is antici-
pated that the need for education and management of outbreaks in long-term care and retirement
homes (LTC/RHs) will continue to require resources in the future beyond our normal complement.
Further investment in this public health priority would enhance the promotion of infection prevention
and control measures in our LTC/RHs, childcare facilities, group homes, and other congregate living
settings such as migrant farm housing across the region.
EMERGENCY MANAGEMENT
Intervention for: Municipal Partners and Emergency Services in Oxford County, Elgin County and
the City of St. Thomas
In the wake of the Covid-19 pandemic, there has been significant attention on emergency prepared-
ness among local public health units, as evidenced by the 2022 Chief Medical Officer of Health report
that advocated for increased funding and human resources for emergency preparedness activities.
Emergency Response planning has focused on building internal organizational capacity to respond
to and recover from the next emergency. This work will include building stronger networks and part-
nerships with local municipalities and health system partners for a more coordinated and effective
response to all emergencies in the SWPH catchment area.
Seven Priorities for Investment
Early this year, the members of the Board of Health presented an exciting challenge to us by posing the following question: If you could receive additional investment in services that would move the needle on public health outcomes over the next three to five years, where would you invest that funding and why?The 2023 program plans were reviewed to determine if further investment could impact the population health objectives within the next three-to-five years. The following were taken into consideration as we prioritized the plans for investment: population health objective, whether it was a public health priority, and the quality and availability of data to measure the impact over time. CLIMATE CHANGEIntervention for: Residents of Oxford County, Elgin County, and the City of St. ThomasData: The rate of heat-related Emergency Department visits in SWPH has been double to triple the Ontario rate since 2018. The work of climate change in public health is currently focused on completing a Health Vulnerability and Adaptation Assessment which aims to understand the current and projected future risks of climate change on the people living in our region and ultimately to identify policies and programs to increase readiness for and resilience to these risks. The vulnerability assessment will improve our understanding of the current associations between weather, climate, and health outcomes. Our goal is to reduce the negative health impacts of climate change on the population. SUBSTANCE USE PREVENTIONIntervention for: School-aged Children and YouthData: Youth in the Southwestern Public Health region are trying vaping, and vaping more often, than other youth in Ontario. Youth vaping has become a significant local issue as evidenced by reports from our local schools and school boards. At the same time, the body of evidence on the health harms related to vaping has been growing, especially for the youth population. A comprehensive health promotion approach, including policy development, school-level programming, and enforcement, will be required to reduce first-time and subsequent vaping.Intervention for: Vulnerable PopulationsData: As of 2021, the rate of opioid-related deaths in the Southwestern Public Health region was higher than the Ontario rate.SWPH’s harm reduction work strives to minimize potential harms or negative consequences associated with using opioids, like Hepatitis C, HIV/AIDS, opioid overdoses, and deaths. With further investment in sharps management, needle supply services, naloxone support, along with training, we hope to see reduced rates of new cases of Hepatitis C and HIV as well as reduced rates of opioid-related emergency room visits, hospitalizations, and deaths. NURSE FAMILY PARTNERSHIPIntervention for: Expectant First-time Mothers and Babies 0-2 years oldThe Nurse Family Partnership is a Public Health Nurse-only home visiting program that empowers first-time moms with key tools and supports to create better outcomes for themselves and their babies. With over 20 years of high-level evidence to support this program, the NFP program is considered the gold standard of home visiting programs. First-time expectant mothers that have been negatively affected by social determinants of health, experience barriers to accessing health care services, and show the greatest needs requiring the highest level of expertise will be offered this service.MENTAL HEALTH PROMOTIONIntervention for: Residents of Oxford County, Elgin County, and the City of St. ThomasData: The percentage of people who reported their mental health as “fair” or “poor” nearly doubled among Southwestern Public Health residents from 2015/2016 to 2019/2020. The Covid-19 pandemic negatively impacted the mental health of Ontarians and, in particular, the workforce involved with the pandemic response and those working in a support capacity. There is great value in mental health promotion activities that address the repercussions associated with a prolonged emergency state as well as preparing organizations and the community at large for future emergencies such as providing support for staff well-being, resiliency training, and managing the backlog of paused services while avoiding staff burnout. SWPH is well-positioned to focus on dedi-cated Covid recovery initiatives with the intention that we will pilot the mental health promotion interventions internally and then share them with partner agencies for implementation.
St. Thomas Site
1230 Talbot St.
St. Thomas, ON
N5P 1G9
Woodstock Site
410 Buller St.
Woodstock, ON
N4S 4N2
1-800-922-0096
swpublichealth.ca
11
CHILDHOOD IMMUNIZATIONS
Intervention for: School-aged Children and Youth
Data: Immunization coverage for Hepatitis B and Meningococcal among 12-year-olds in the Southwestern
Public Heath region decreased significantly between 2018 and 2021 (6.7% for HepB and 7.9% for MenC).
In addition to catch-up vaccine work that could not be accomplished during the pandemic, we have
an increasing number of families in the community who do not have a regular health care provider
and must turn to public health for immunizations or who are new to Canada and have not had the
same vaccine access as those born in Canada. Further investment in this field will ensure we can
continue to immunize children in a timely way and expand our outreach to vaccine-hesitant populations
and communities who are newer to our communities and also require translation and interpretation
services (i.e. Punjabi, Hindi, Mandarin, Ukrainian).
INFECTION PREVENTION AND CONTROL
Intervention for: Employees of Congregate Living Settings
Data: There was only one reported outbreak in a congregate living setting in 2019. In 2022, there were 67.
Between 2019 and 2022, for example, the number of respiratory outbreaks in long-term care and
retirement homes in our region each year more than doubled. Because of these increases, it is antici-
pated that the need for education and management of outbreaks in long-term care and retirement
homes (LTC/RHs) will continue to require resources in the future beyond our normal complement.
Further investment in this public health priority would enhance the promotion of infection prevention
and control measures in our LTC/RHs, childcare facilities, group homes, and other congregate living
settings such as migrant farm housing across the region.
EMERGENCY MANAGEMENT
Intervention for: Municipal Partners and Emergency Services in Oxford County, Elgin County and
the City of St. Thomas
In the wake of the Covid-19 pandemic, there has been significant attention on emergency prepared-
ness among local public health units, as evidenced by the 2022 Chief Medical Officer of Health report
that advocated for increased funding and human resources for emergency preparedness activities.
Emergency Response planning has focused on building internal organizational capacity to respond
to and recover from the next emergency. This work will include building stronger networks and part-
nerships with local municipalities and health system partners for a more coordinated and effective
response to all emergencies in the SWPH catchment area.
REPORT
TREASURY DEPARTMENT
TO: Mayor & Members of Council
FROM: Lorne James, Treasurer
DATE: July 18, 2024
REPORT: TR-12/24 SUBJECT: 2024 Q1 VARIANCE REPORT BACKGROUND
The Q2 (second quarter) financial reports are provided for Council’s fiduciary review. This Report provides a summary of current revenue and expenditure to June 30, 2024, and variances to the Operating Budget and Capital Budget.
DISCUSSION
The Operating Budget and Capital Budget are in-line with expected levels given the cyclical nature of operations and slowing inflation. The Municipality is experiencing greater operational pressure due to lower revenues in some functional areas. Capital pressures, at this point, are less than anticipated due to projects to-date coming in under budget. Collections The Municipality over the last quarter has noticed an increase in arrears in both tax and water sewer accounts. Municipal staff are closely watching this based on weekly and monthly collections. Municipal staff will report back in Q3 on arrears positon to-date. This report will likely arrive before Council after the August tax billing deadline.
Debt
The Municipality has been assessing the secondary markets for capital debt or other debt options in 2025 if Council requires the use of such debentures for capital programs. Presented for information purposes are the current rates and terms:
Operating Lending/ Non-Capital
Lender Amount Rate Term
Royal Bank of Canada $300,000 6.95% 3 year term
Royal Bank of Canada $750,000 6.95% Short term line of credit
Capital Lending
Lender Amount Rate Term
Infrastructure Ontario $1m to $18m 4.37% 5 year term
Infrastructure Ontario $1m to $18m 4.5% 10 year term Infrastructure Ontario $1m to $18m 4.66% 15 year term Infrastructure Ontario $1m to $18m 4.74% 20 year term
Infrastructure Ontario $1m to $18m 4.79% 25 year term
Infrastructure Ontario $1m to $18m 4.8% 30 year term
Infrastructure Ontario Up to $5m 5.24% Short term line of credit –
construction loan
Investments The Municipality has some short-term investments (totaling approximately $5.3 million) that are due upon maturity. Staff will be looking to renew until March 2025, unless otherwise noted, which aligns with the call on the remaining Ojibwa principal.
Investment Value Maturity Date Current Yield Proposed Yield
RBC GIC -
General
$2,115,000 July 14, 2024 5.75% 4.74% 240 days
RBC GIC - CM $252,412.05 July 14, 2024 5.75% 4.53% 1 year
RBC GIC - Eden $15,341.48 July 14, 2024 5.75% 4.53% 1 year
RBC GIC –
General
$1,317,033.19 July 25, 2024 5.75% 4.74% 230 days
RBC GIC – General $1,586,250 August 18, 2024 5.75% 4.74% 210 days
Due to the recent Bank of Canada rate cut, GIC yields have decreased over the last quarter in anticipation of possible additional cuts. The Municipality should lock in the above investments
for noted term. This will provide liquidity for the March 2025 Project Ojibwa debt payment. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable ATTACHMENTS
1. Appendix A: 2024 Q2 Operating Revenue & Expense Variance Report 2. Appendix B: 2024 Q2 Capital Expense Variance Report 3. Appendix C: Royal Bank of Canada Investment Options RECOMMENDATION 1. THAT Report TR-12/24 re 2024 Q2 Variance Report be received for information;
2. AND THAT staff be directed to re-invest maturing Royal Bank GICs as outlined in Report TR-12/24.
Respectfully submitted: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO, AOMC Treasurer Chief Administrative Officer
Revenues
05.10 General Taxation $3,166,322 $6,334,690 50%
05.20 Other Revenues $480,777 $952,065 50%
10.10 General Government $19,648 $82,047 24%timing of management fee
10.20 Council
20.10 Fire Services $27,628 $22,000 126%
20.20 Police Services $5,000 0%no POA revenues yet in 24
20.30 Conservation Authority
20.40 Building Services $106,149 $122,000 87%
20.50 Bylaw Enforcement Services $24,277 $46,000 53%
25.10 Roads $304,140 $590,196 52%
25.20 Winter Control $1,348 $3,000 45%
25.40 Street Lights $0
30.10 Water $367,035 $765,081 48%
30.15 Richmond Water $124,268 $101,767 122%source water grants
30.30 Waste Disposal $13,607 $35,000 39%
30.20 Waste Water $470,667 $982,500 48%
35.20 Cemeteries $1,194 $2,000 60%
40.10 General Assistance $0
45.10 Parks & Recreation $475 $2,600 18%grants yet to be received
45.20 Straffordville Community Centre $15,461 $10,000 155%
45.40 Libraries $42,146 $77,357 54%
45.50 Museums $6,705 $19,200 35%
50.10 Planning, Development & Tourism $107,391 $101,500 106%
50.15 Tourism & Marketing $15,000 $15,000 100%
50.20 Environmental Services $300 $3,500 9%
Capital $347,227 $4,433,653 8%delays on ICIP funding
Expenditures
05.10 General Taxation $0
05.20 Other Revenues $0
10.10 General Government $728,185 $1,416,988 51%
10.20 Council $51,732 $101,626 51%
20.10 Fire Services $331,231 $631,710 52%
20.20 Police Services $399,742 $958,949 42%
20.30 Conservation Authority $79,310 $105,747 75%timing of payment
20.40 Building Services $30,210 $104,848 29%shared service invoice outstanding
20.50 Bylaw Enforcement Services $73,795 $115,258 64%
25.10 Roads $901,680 $1,953,466 46%
25.20 Winter Control $38,120 $118,805 32%
25.40 Street Lights $20,372 $44,000 46%
30.10 Water $284,224 $765,081 37%timing of water board invoices
30.15 Richmond Water $96,018 $101,767 94%source water expesnes
30.20 Waste Water $342,577 $982,500 35%
30.30 Waste Disposal $193,884 $390,000 50%
35.20 Cemeteries $8,255 $22,500 37%
40.10 General Assistance $3,333 $7,000 48%
45.10 Parks & Recreation $47,377 $116,382 41%
45.20 Straffordville Community Centre $39,418 $69,168 57%
45.40 Libraries $19,902 $77,357 26%
45.50 Museums $27,790 $60,695 46%
50.10 Planning, Development & Tourism $118,093 $207,015 57%
50.15 Tourism & Marketing $26,003 $74,984 35%
50.20 Environmental Services $3,692 $8,300 44%
Capital $283,600 $6,272,000 5%no SCC expenses
Municipality of Bayham
Appendix A: 2024 Q2 Operating Revenue and Expense Variance Report
2024 Actuals 2024 Budget % Consumed
2024 2024 %
Actuals Budget Consumed
General Government
Development Charges Study 14,862$ 35,000$ 42%ongoing
Liability Reserve Transfer -$ 15,000$ 0% not booked yet
Working Capital Transfer -$ 10,000$ 0% not booked yet
Election Reserve Transfer -$ 15,000$ 0% not booked yet
Guarantorship Loan Reserve Transfer -$ 1,000,000$ 0% not booked yet
Fire
Technical Rescue 7,500$ 0%
Cistern - SCC 129,000$ 0%
Radio System Reseve 30,000$ 0%
Pumper 1 550,000$ 0% arrives in Q3 2024
Portable Radios 8,268 6,000$ 138% Done
Bunker Gear 12,607 14,000$ 90% Done
Fire Equipment Reserve Transfer 100,000$ 0% not booked yet
ATV Trailer 4,641 donation from Fire Ass.
Roads
Stewart Bridge 75,000$ 0%
Tunnel Line Culvert removal 2,321$ 200,000$ 1%
Pickup 58,585$ 60,000$ 98% Done
GPS Survey Equipment 25,440$ 25,000$ 102% Done
Tollgate Rd.19,932$ 400,000$ 5%
Vienna Line 3,734$ 230,000$ 2%
Works 65,000$ 0%
Gravel Program 215,000$ 0%
Road Signs 7,500$ 0%
Guardrails 10,000$ 0%
B & C Inspection 10,000$ 0%
Road Side Brushing 29,079$ 30,000$ 97% Done
Road Needs Study / AMP Update 55,000$ 0%
Hill Management 30,000$ 0%
Bayham Line 18,633$
Water
Equipment - Richmond 13,738$ 15,000$ 92% Done
Water Financial Plan 17,500$ 0%
Richmond Well Review 20,000$ 0%
Water Lines 25,055$
Waste Water
System Equipment 45,000$ 0%
Forcemain 10,000$ 0%
Water Financial Plan 17,500$ 0%
Manhole rehab 25,000$ 0%
Switch Upgrades 32,000$ 0%
Eden PS Up 4,850$ 250,000$ 2%
Parks
Canoe Launch 60,000$ 0%
Rail Train Works 70,000$ 0%
Vienna Park 4,078$
Facilities
PW HVAC/Heat Tubes 100,000$ 0%
PB Library Washroom 4,970$ 20,000$ 25% just started
PB Beach Washroom Expansion 75,000$ 0%
Facility Audits 35,000$ 0%
SCC Expansion 2,171,000$ 0%
MM Accessible Washrooms 7,481$ 60,000$ 12%
Lighthouse 1,331$ -$ ongoing rental costs
Planning and Development
Official Plan Review 7,354$ 65,000$ 11% ongoing
Municipality of Bayham
Appendix B: 2024 Q2 Capital Expense Variance Report
P a g e | 1
This document contains confidential, proprietary, and trade secret information of RBC Royal Bank of Canada and may not be
disclosed to third parties or duplicated without the prior written consent of RBC Royal Bank of Canada.
INVESTMENT OPTIONS
THE CORPORATION OF THEMUNICIPALITY OF BAYHAM
JUNE 29 – JULY 2, 2024
GUARANTEED INVESTMENT CERTIFICATES
RBC offers a wide range of CAD term investment options to meet your needs. Below you will find the
details for our Prime-Linked Cashable GIC and various terms of our Non-Redeemable GICs. Principal
and interest as described are Guaranteed by RBC Royal Bank. Rates are calculated on a per annum
basis.
1) Prime-Linked Cashable GIC:
The Prime-Linked Cashable GIC is a one-year cashable GIC with an annual interest rate linked to
changes in the RBC Royal Bank Canadian prime interest rate. Cashable in part or full at any time with
interest paid if held 30 days or longer.
Tier Rate
$1,000,000 and over 4.95%
*** Rates are applicable today and are subject to change. ***
What you should know about the RBC Prime-Linked Cashable GIC:
• The prime interest rate is a reference rate for determining interest rates on Canadian dollar
commercial loans in Canada and is subject to change. Should the prime interest rate change
during the term of your investment, the annual interest rate of this GIC is automatically adjusted.
• If the Royal Bank Prime decreases, this interest rate will also decrease.
• No interest is paid if cashed within 29 days and a $25.00 administration fee will apply.
• The current rate of 4.95% applies to amounts of $1MM - $50MM. Lesser amounts will pay lesser
interest rates.
• Should any partial redemptions be made to this GIC, the interest rate will reduce (depending on
which tier it falls into).
Interest Paid Semi-Annually or at Maturity [%]
Term To
Maturity
$5,000 to
$49,999.99
$50,000 to
$99,999.99
$100,000 to
$249,999.99
$250,000 to
$999,999.99
$1,000,000 and
over
1 year term
4.50
4.50
4.50
4.70
4.95
*** Rates are applicable today and are subject to change. ***
P a g e | 2
This document contains confidential, proprietary, and trade secret information of RBC Royal Bank of Canada and may not be
disclosed to third parties or duplicated without the prior written consent of RBC Royal Bank of Canada.
2) Non-Redeemable GIC:
This GIC offers a fixed rate of interest for a specific term, with both principal and interest payments
guaranteed. There are a wide choice of terms and options.
Funds are not available prior to the maturity date.
Term RBC Non-Redeemable Guaranteed
Investment Certificate Rate
30 days 4.87%
60 days 4.85%
90 days 4.81%
120 days 4.80%
150 days 4.77%
180 days 4.75%
270 days 4.64%
1 year 4.52%
*** Rates are applicable today and are subject to change. ***
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: July 18, 2024
REPORT: CAO-28/24 SUBJECT: BAYHAM COMMUNITY STRATEGIC PLAN PROGRESS – 2024 MID-YEAR
REPORT
BACKGROUND At its July 6, 2023 Special meeting, Council received Report CAO-38/23 re 2023-2026 Bayham
Community Strategic Plan Adoption. The Strategic Plan was presented to Council in draft format, and included previously-adopted proposed initiatives to be included in the Community Strategic Plan. Key Initiatives included:
• Improving communication
• Encouraging strategic development
• Encouraging a mix of housing types
• Enhancing the Port Burwell East Beach
• Rehabilitating the Port Burwell Lighthouse
• Focusing investment on core infrastructure
• Retiring the debt associated with the HMCS Ojibwa
Council passed the following motion: Moved by: Councillor Chilcott
Seconded by: Councillor Emerson THAT Report CAO-38/23 re 2023-2026 Bayham Community Strategic Plan Adoption received for information; AND THAT Council adopt the 2023-2026 Bayham Community Strategic Plan. The intent of Initiatives is that staff will be able to specifically identify in a Report to which Initiative(s) an item applies, which will give Council and residents more information regarding how the Municipality is adhering to and implementing its Strategic Plan during the current Council term.
Since adoption, the Strategic Plan has been available on the Municipal website, and
has been integrated into Reports to Council via a new section that identifies the specific Goal(s), Objective(s), and Initiative(s) to which the Report applies. At its March 21, 2024 meeting, Council received Report CAO-09/24 re Bayham Community Strategic Plan Progress – 2023. The Report provided an update for Council in regards to the progress staff had made over 2023 regarding Council’s 2023-2026 Community Strategic Plan and its initiatives. This Report presents the further progress made over the first half of 2024. DISCUSSION
The goal of this Report is to provide a summary to Council of progress made in the first half of 2024 on some key Initiatives identified in the 2023-2026 Community Strategic Plan. This is
intended to demonstrate staff’s continued alignment with Council’s priorities and execution of same as we continue through the second year of the four-year Plan.
Quality of Place Quality of Place Initiatives focus on key areas such as core infrastructure investment, an improved tourism experience, and strategies to attract and retain businesses to reinforce Bayham’s economy. The Municipality continues to focus its capital program on renewal of core infrastructure. Staff have worked with Spriet Associates on the engineering required to formally issue and award a tender for Stewart Road Bridge works.1 Staff have successfully acquired quotes for various components of heating, lighting, and insulation at the Public Works Yard.2 Both of these Capital Items are projected to come in under budget. Public Works staff have also commenced or completed certain road works including new surfacing and ditching on Tollgate, acquired survey equipment3, and awarded a lawn maintenance tender to realize cost savings4. Council and the Port Burwell Area Secondary System Board of Management also received comprehensive
information on the condition of a seven-kilometre stretch of the Nova Scotia Line transmission main5. The costs for Bayham are estimated at $13.2 million (2024 dollars). This Capital Item (Item No. W-10) is in the Capital Budget as a $15 million item in 2028.
Staff has continued to work diligently with Watson and Associates Economists Ltd. on the financial planning for the water systems and the wastewater system, as license renewals are
upcoming in August 2024 and the Municipality will be required to submit financial plans in support of renewal applications on these systems. The intent of the financial plans is that the systems should be self-supporting (operating and lifecycle capital needs) through user fees associated with fixed and/or volumetric charges. Council received the first iteration of possible user fees structures in June 2024. It is expected that additional scenarios will be provided to
1 Report PS-11/24 (July 18, 2024 meeting).
2 Report PS-12/24 (July 18, 2024 meeting).
3 Report PS-03/24 (March 7, 2024 meeting).
4 Report PS-04/24 (April 4, 2024 meeting).
5 Report PS-07/24 (May 2, 2024 meeting).
Council in September 2024 in accordance with Council direction to present revised financial options.6
Staff was advised earlier this year that its 2023 application to the Disaster Mitigation and Adaptation Fund (DMAF) for four (4) phases on the Port Burwell Master Drainage Plan was unsuccessful. Staff have recommenced discussions internally and with Spriet Associates and Watson and Associates regarding options for proceeding should Council wish to do so. Granting agencies are increasingly looking for ‘shovel-ready’ projects and, if applicable, those with climate change adaptation in mind, supported by relevant adaptation plans7. An option being discussed is to seek Council’s direction to proceed with engineering on the four remaining Phase-1 subphases, and engage a firm to complete a climate plan or risk assessment on the Port Burwell and Vienna stormwater systems. Costs for this are unknown at this time, and more information will be provided to Council in the coming months.
Based on the support of Council and need identified in the 2024-2033 Capital Budget, staff made an application to the Housing Enabling Water Systems Fund (HEWSF) in April 20248. The
application is for an expansion at the Eden Pumping Station to support additional housing growth, consistent with Provincial mandate. The status of the application is outstanding at this time.
In respect of non-core projects, the works at the Vienna Community Park, which were largely completed last fall, were finalized this spring with the installation of hydro servicing. Based on the receipt of two Reports and multiple pieces of correspondence, Council has engaged in much discussion regarding how best to proceed with the Lighthouse. In accordance with Council’s direction, a revised estimate including costing implications for alternative cladding and associated maintenance costs will be presented to Council in the second half of 20249. The Straffordville Community Centre expansion project, supported by an ICIP Community, Culture and Recreation grant, remains stalled pending the formal notification of a scope reduction, which has now been with the granting agency for fifteen months. The CAO and Mayor worked closely with Elgin County and other lower-tier municipal partners on the completion of the initial three phases of the Business Retention and Expansion program. A number of Bayham businesses were interviewed and key data collected to inform policy
decisions going forward. Quality of Life
Quality of Life Initiatives focus on key areas such as a diversity of passive and active services to the community, strategic growth in accordance with resident needs, and being environmentally-
conscious. Staff continue to work with Spriet Associates on engineering and tendering for the Marine Museum accessibility upgrades. At this time, tendering is expected in August, with an award in September and works commencing in the fall. The Municipality was once again successful in
6 Presentation by Byron Tan, Watson & Associates, at the June 20, 2024 meeting.
7 Certain FCM and INFC programming are shifting to requiring climate plans as a readiness component to
demonstrate ‘shovel-readiness’. 8 Provincial funding through the HEWSF is up to 73 percent.
9 Report CAO-25/24 (June 20, 2024 meeting).
obtaining Blue Flag status for the Port Burwell East Beach for the 2024 season10. This has been communicated to Council, staff, residents, and the media. A flag-raising was held at the East
Beach on June 8, 2024 with members of Council, staff, and the Waterfront Advisory Committee in attendance. The Municipality has formally launched its Official Plan Conformity Review11. This is a five-year review led by Arcadis and planning staff to receive public input and update Bayham’s Official Plan in accordance with policy direction provided by Council. To-date, one public meeting has been held, with numerous Members of Council, staff, and the public in attendance. Comments can be provided via email to opreview@bayham.on.ca. The Municipality has also established a dedicated webpage for the Review. Residents are encouraged to engage in the process and provide comments.
Staff have worked diligently on updates to Municipal energy planning and compliance with regulatory requirements under Ontario Regulation (O. Reg) 25/23. Staff are working with Arcadis on updates to the Municipal Energy Plan/Local Action Plan12, previously adopted by
Council in 2018. Staff have also presented Council with an updated Energy Conservation and Demand Management Plan (ECDMP) for 2024-202913. This was adopted and has since been provided to the Ministry for their records. Staff have also completed the annual energy reporting
through its Portfolio Manager14. Quality of Governance Quality of Governance Initiatives focus on key areas such developing and retaining knowledge within the Municipality to improve services, demonstrating financial responsibility, and taking advantage of partnership and joint ventures to the betterment of the community. Council and staff continue to seek ways to improve communication where capacity permits. Council has continued the discussion around social media implementation in Bayham. Implementation would include a Social Media Policy and development of a Facebook page, which would require accessibility compliance and regular staff monitoring15. Staff have also presented to Council options to streamline Municipal Assistance16 and modernize the Municipality’s Procedural By-law17. The Municipal Assistance Policy is now in effect, and staff
continue internally with direction on amendments to the Procedural By-law. Staff was able to leverage joint procurement in support of its Capital Program for Fire Services.
Bayham partnered with Malahide and West Elgin to jointly procure three (3) tankers – one for each municipality – through the Canoe group program18. Joint procurement resulted in approximately $35,000 in savings to the Municipality. It is expected that staff will continue to
seek out these joint procurement opportunities as a cost-saving mechanism for Bayham.
10 Direction for the application from the October 19, 2023 meeting.
11 Report DS-39/24. Kick-off meeting was May 23, 2024.
12 Report CAO-01/24 (January 18, 2024 meeting).
13 Report CAO-27/24 (June 20, 2024 meeting).
14 The ECDMP and reporting are required under O. Reg 25/23.
15 Report CL-04/24 (May 2, 2024 meeting).
16 Report CL-03/24 (April 4, 2024 meeting).
17 Report CL-05/24 (May 16, 2024 meeting).
18 Report FR-03/24 (June 6, 2024 meeting).
Financially, the Municipality remains in an improving situation, which has been the case over the last five years. Since 2020, the Municipality has ended its fiscal years in net surplus positions.
2023 was no different19. The Municipality’s Auditor continues to provide positive feedback to staff and Council about the Municipality’s financial position and encourages continued efforts to retire the remaining HMCS Ojibwa principal in March 202520. To support this priority of Council’s, staff continue to work towards bringing a survey before Council in consideration of the surplus of lands fronting onto Ann Street in Vienna21. Council also formally approved its 2024 Operating Budget with a 10.33 percent tax levy increase22. The levy increase is informed by a $1 million Guarantorship Loan Reserve transfer to fund the retirement of the HMCS Ojibwa principal. Bayham staff continue to work towards service efficiencies in areas of shared services. Bayham and Malahide are currently hiring for staff (Building Inspector/Deputy Chief Building Official, and
By-law Enforcement Officer) in support of their reciprocal shared service23. The shared service has now been operational for one year and has received a sector award through the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) for innovative service
delivery in the Municipal Administration stream (population under 20,000)24. The EA Danby Award is awarded annually to one municipality in this stream and recognizes Bayham and Malahide for increased service capacity and cost savings.
Discussion had commenced in 2023 with the County on options for a centralized planning service to be housed at the County25, which would provide planning services to interested lower-tier municipalities. Since this time, the County has been successful in hiring a Director or Planning and Development, and they have started to build out a formal Planning Department at the County. The CAO, Mayor, and Planning Coordinator have met with the new Director to discuss Bayham’s current planning arrangements and service/staff levels. It is expected that Council will engage in additional discussion on this topic in the latter half of 2024. Staff will continue to provide updates to Council on a regular basis regarding Strategic Plan matters, both through individual Reports and planned updates to Council on progress on key projects and Initiatives to ensure accountability to both Council and the public regarding Council’s strategic goals. STRATEGIC PLAN As this Report is a summary of Strategic Plan Initiatives and progress over the first half of 2024,
the Strategic Plan is deemed to apply in general to this Report and further applies to Quality of Governance through clear communication of how Council and staff work together to execute Council’s priorities.
19 Report TR-07/24 (February 27, 2024 meeting). Net surplus of $66,794.42.
20 Comments made by Rob Foster, Graham, Scott, Enns LLP, during consolidated financial statement presentation
on June 6, 2024.
21 Report CAO-21/24 (June 6, 2024).
22 Report TR-10/24 (March 5, 2024).
23 At the time this Report was drafted, a new BI/DCBO had been hired, but the individual’s name could not be
made public. 24 AMCTO correspondence received at the June 20, 2024 meeting.
25 Presentation by Don Shropshire (Interim CAO/Clerk, Elgin County) at November 2, 2023 meeting.
RECOMMENDATION 1. THAT Report CAO-28/24 re Bayham Community Strategic Plan Progress – 2024 Mid-Year Report be received for information. Respectfully Submitted by:
Thomas Thayer, CMO, AOMC Chief Administrative Officer
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: July 18, 2024
REPORT: CAO-29/24 SUBJECT: 2024-2034 CANADA COMMUNITY-BUILDING FUND MUNICIPAL FUNDING
AGREEMENT
BACKGROUND
The Canada Community-Building Fund (CCBF) is a stable, predictable, and indexed source of funding provided up front to provinces and territories who, in turn, flow this funding to their communities. The funding allows local communities to make strategic investments in essential
infrastructure, such as roads and bridges, public transit, drinking water and wastewater infrastructure, and recreational facilities.
The CCBF delivers over $2.4 billion every year to communities across the country. Communities then select how best to invest the funds, having the flexibility to make strategic investments across 18 different project categories, including a number aligned with core infrastructure and
housing development. CCBF funding also contributes to the growth of strong cities and communities and promotes investments in increased productivity and economic growth and a clean environment. The renewed CCBF agreements tie access to CCBF funding to actions by provinces, territories, and municipalities to increase housing supply and affordability, where it makes sense to do so. DISCUSSION In June 2024, Bayham received its renewed Municipal Funding Agreement (MFA) for a ten-year period, from 2024 to 2034, through the Association of Municipalities of Ontario (AMO) as administering entity for Ontario. The Municipality is slated to receive $220,000 to $240,000 per
year between 2024 and 2028 through this fund, however the MFA must be authorized by by-law and remitted to AMO prior to receipt. STRATEGIC PLAN 1.1: Quality of Place > To invest in community infrastructure initiatives that create an
effective foundation that contribute to Bayham’s quality of life and economic prospects.
Initiative(s): Focus on core infrastructure based on the Asset Management Plan and
compliance with legislation 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable 3.3: Quality of Governance > To strategically engage in partnerships, joint ventures and other collaborative activities that leverage the Municipality’s resources and capabilities in order to achieve enhanced efficiencies and benefits for the
community and its residents. Initiative(s): Encourage ongoing networking with provincial and federal partners and other
industry representatives ATTACHMENTS 1. Bayham Municipal Funding Agreement – 2024-2034 – Canada Community-Building Fund RECOMMENDATION 1. THAT Report CAO-29/24 re 2024-2034 Canada Community-Building Fund Municipal Funding Agreement be received for information;
2. AND THAT the Council of The Corporation of the Municipality of Bayham authorize a Municipal Funding Agreement between the Association of Municipalities of Ontario
(AMO) for the 2024-2034 Canada Community-Building Fund.
3. AND THAT the appropriate by-law be brought forward for Council’s consideration. Respectfully Submitted by: Thomas Thayer, CMO, AOMC
Chief Administrative Officer
MUNICIPAL FUNDING AGREEMENT
ON THE CANADA COMMUNITY-BUILDING FUND
BETWEEN:
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
(referred to herein as “AMO”)
AND:
THE MUNICIPALITY OF BAYHAM
(a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the
“Recipient”)
WHEREAS the Government of Canada, the Government of Ontario, AMO, and the City of Toronto
are signatories to the Administrative Agreement on the Canada Community-Building Fund
effective April 1, 2024 (the “Administrative Agreement”), which governs the transfer and use of
the Canada Community-Building Fund (“CCBF”) in Ontario;
AND WHEREAS AMO is responsible for the administration of CCBF funding made available to
all Municipalities in Ontario – except the City of Toronto – under the Administrative Agreement,
and will therefore undertake (and require the Recipient to undertake) certain activities as set out
in this Agreement;
AND WHEREAS the Recipient wishes to enter into this Agreement to access CCBF funding;
NOW THEREFORE the Parties agree as follows:
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1. DEFINITIONS AND INTERPRETATIONS
1.1 Definitions. For the purposes of this Agreement, the following terms shall have the
meanings ascribed to them below:
“Annual Report” means the duly completed report to be prepared and delivered to
AMO as described in Section 6.1.
“Asset Management” is a principle/practice that includes planning processes,
approaches, plans, or related documents that support an integrated lifecycle approach
to the effective stewardship of infrastructure assets to maximize benefits and
effectively manage risk.
“Canada” means the Government of Canada, as represented by the Minister of
Housing, Infrastructure and Communities.
“Canada Community-Building Fund” or “CCBF” means the program established
under section 161 of the Keeping Canada’s Economy and Jobs Growing Act, S.C.
2011, c. 24 as amended by section 233 of the Economic Action Plan 2013 Act, No. 1,
S.C. 2013, c. 33, as the Gas Tax Fund and renamed the Canada Community-Building
Fund in section 199 of Budget Implementation Act, 2021, No. 1.
“Contract” means an agreement between the Recipient and a Third Party whereby
the latter agrees to supply a product or service to an Eligible Project in return for
financial consideration.
“Eligible Expenditure” means an expenditure described as eligible in Schedule B or
deemed eligible by Canada in accordance with Section 4.2.
“Eligible Investment Category” means an investment category listed in Schedule A
or deemed eligible by Canada in accordance with Section 3.2.
“Eligible Project” means a project that fits within an Eligible Investment Category.
“Event of Default” has the meaning given to it in Section 13.1 of this Agreement.
“Funds” mean the funds made available to the Recipient through the CCBF or any
other source of funding as determined by Canada. Funds are made available pursuant
to this Agreement and includes any interest earned on the said Funds. Funds
transferred to another Municipality in accordance with Section 5.3 of this Agreement
are to be treated as Funds by the Municipality to which the Funds are transferred; and
Funds transferred to a non-municipal entity in accordance with Section 5.4 of this
Agreement shall remain as Funds under this Agreement for all purposes and the
Recipient shall continue to be bound by all provisions of this Agreement with respect
to such transferred Funds.
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“Housing Needs Assessment” or “HNA” means a report informed by data and
research describing the current and future housing needs of a Municipality or
community according to guidance provided by Canada.
“Ineligible Expenditures” means those expenditures described as ineligible in
Schedule C or deemed ineligible by Canada in accordance with Section 4.2.
“Infrastructure” means tangible capital assets that are primarily for public use or
benefit in Ontario – whether municipal or regional, and whether publicly or privately
owned.
“Lower-Tier Municipality” means a Municipality that forms part of an Upper-Tier
Municipality for municipal purposes, as defined under the Municipal Act, 2001, S.O.
2001, c. 25.
“Municipal Fiscal Year” means the period beginning January 1st of a year and
ending December 31st of the same year.
“Municipality” and “Municipalities” means every municipality as defined under the
Municipal Act, 2001, S.O. 2001, c. 25.
“Non-Municipal Transfer By-law” means a by-law passed by Council of the
Recipient pursuant to Section 5.4 of this Agreement.
“Parties” means AMO and the Recipient.
“Prior Agreement” means the municipal funding agreement for the transfer of federal
gas tax funds entered into by AMO and the Recipient, effective April 2014 and with an
expiry date of March 31, 2024.
“Single-Tier Municipality” means a Municipality, other than an Upper-Tier
Municipality, that does not form part of an Upper-Tier Municipality for municipal
purposes, as defined under the Municipal Act, 2001, S.O. 2001 c. 25.
“Third Party” means any person or legal entity, other than the Parties to this
Agreement, who participates in the implementation of an Eligible Project by means of
a Contract.
“Transfer By-law” means a by-law passed by Council of the Recipient pursuant to
Section 5.3 of this Agreement.
“Unspent Funds” means the amount reported as unspent by the Recipient as of
December 31, 2023 in the Recipient’s 2023 Annual Report (as defined under the Prior
Agreement).
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“Upper-Tier Municipality” means a Municipality of which two or more Lower-Tier
Municipalities form part for municipal purposes, as defined under the Municipal Act,
2001, S.O. 2001 c. 25.
1.2 Interpretations
a) “Agreement” refers to this agreement as a whole, including the cover and
execution pages and all of the schedules hereto, and all amendments made
hereto in accordance with the provisions hereof.
b) The words “herein”, “hereof” and “hereunder” and other words of similar
import refer to this Agreement as a whole and not any particular schedule,
article, section, paragraph or other subdivision of this Agreement.
c) The term “including” or “includes” means including or includes (as
applicable) without limitation or restriction.
d) Any reference to a federal or provincial statute is to such statute and to the
regulations made pursuant to such statute as such statute and regulations may
at any time be amended or modified and in effect and to any statute or
regulations that may be passed that have the effect of supplementing or
superseding such statute or regulations.
2. TERM OF THE AGREEMENT
2.1 Term. Subject to any extension or termination of this Agreement or the survival of any
of the provisions of this Agreement pursuant to the provisions contained herein, this
Agreement shall come into effect as of April 1, 2024 up to and including March 31,
2034.
2.2 Review. This Agreement will be reviewed by AMO by June 30, 2027.
2.3 Amendment. This Agreement may be amended at any time in writing as agreed to
by AMO and the Recipient.
2.4 Notice. Any of the Parties may terminate this Agreement on two (2) years written
notice.
2.5 Prior Agreement. The Parties agree that the Prior Agreement, including Section 15.5
thereof, is hereby terminated. Notwithstanding the termination of the Prior Agreement,
including Section 15.5, the reporting and indemnity obligations of the Recipient
thereunder with respect to expended Funds governed by the Prior Agreement as set
forth in Sections 5, 7, 10.3, 10.4 and 10.5 of the Prior Agreement shall survive the
said termination.
Municipal Funding Agreement on the Canada Community-Building Fund
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3. ELIGIBLE PROJECTS
3.1 Eligible Projects. Eligible Projects are those that fit within an Eligible Investment
Category. Eligible Investment Categories are listed in Schedule A.
3.2 Discretion of Canada. The eligibility of any investment category not listed in
Schedule A is solely at the discretion of Canada.
3.3 Recipient Fully Responsible. The Recipient is fully responsible for the completion
of each Eligible Project in accordance with Schedule A and Schedule B.
4. ELIGIBLE EXPENDITURES
4.1 Eligible Expenditures and Ineligible Expenditures. Eligible Expenditures are
described in Schedule B. Ineligible Expenditures are described in Schedule C.
4.2 Discretion of Canada. The eligibility of any item not listed in Schedule B or Schedule
C to this Agreement is solely at the discretion of Canada.
4.3 Reasonable Access. The Recipient shall allow AMO and Canada reasonable and
timely access to all documentation, records and accounts and those of their respective
agents or Third Parties related to the receipt, deposit and use of Funds and Unspent
Funds, and any interest earned thereon, and all other relevant information and
documentation requested by AMO or Canada or their respective designated
representatives for the purposes of audit, evaluation, and ensuring compliance with
this Agreement.
4.4 Retention of Receipts. The Recipient will keep proper and accurate accounts and
records of all Eligible Projects including invoices and receipts for Eligible Expenditures
for at least six (6) years after the completion of the project.
4.5 Contracts. The Recipient will award and manage all Contracts in accordance with its
relevant policies and procedures and, if applicable, in accordance with any domestic
or international trade agreements, and all other applicable laws. The Recipient will
ensure any of its Contracts for the supply of services or materials to implement its
responsibilities under this Agreement will be awarded in a way that is transparent,
competitive, consistent with value for money principles and pursuant to its adopted
procurement policy.
5. FUNDS
5.1 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for
and shall be used only for Eligible Expenditures in respect of Eligible Projects.
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5.2 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will be subject
to the terms and conditions of this Agreement, and will no longer be governed by the
terms and conditions of the Prior Agreement.
5.3 Transfer of Funds to a Municipality. Where a Recipient decides to allocate and
transfer Funds to another Municipality (the “Transferee Municipality”):
a) The allocation and transfer shall be authorized by a Transfer By-law. The
Transfer By-law shall be passed by the Recipient’s council and submitted to
AMO as soon thereafter as practicable. The Transfer By-law shall identify the
Transferee Municipality and the amount of Funds the Transferee Municipality
is to receive for the Municipal Fiscal Year(s) specified in the Transfer By-law.
b) The Recipient is still required to submit an Annual Report in accordance with
Section 6.1 hereof with respect to the Funds transferred.
c) No transfer of Funds pursuant to this Section 5.3 shall be effected unless and
until the Transferee Municipality has either (i) entered into an agreement with
AMO on substantially the same terms as this Agreement, or (ii) has executed
and delivered to AMO a written undertaking to assume all of the Recipient’s
obligations under this Agreement with respect to the Funds transferred, such
as undertaking in a form satisfactory to AMO.
5.4 Transfer of Funds to a Non-Municipal Entity. Where a Recipient decides to support
an Eligible Project undertaken by a non-municipal entity (whether a for profit, non-
governmental, or not-for profit organization):
a) The provision of such support shall be authorized by a Transfer By-law (a
“Non-Municipal Transfer By-law”). The Non-Municipal Transfer By-law shall be
passed by the Recipient’s council and submitted to AMO as soon as
practicable thereafter. The Non-Municipal Transfer By-law shall identify the
non-municipal entity, and the amount of Funds the non-municipal entity is to
receive for that Eligible Project.
b) The Recipient shall continue to be bound by all the provisions of this
Agreement notwithstanding any such transfer.
c) No transfer of Funds pursuant to this Section 5.4 shall be effected unless and
until the non-municipal entity receiving the Funds has executed and delivered
to AMO a written undertaking to assume all of the Recipient’s obligations under
this Agreement with respect to the Funds transferred, in a form exclusively
satisfactory to AMO.
5.5 Payout of Funds. Subject to Sections 5.14 and 5.15, AMO will transfer Funds twice
yearly, on or before the dates agreed upon by Canada and AMO.
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5.6 Deposit of Funds. The Recipient will deposit the Funds in:
a) An interest-bearing bank account; or
b) An investment permitted under:
i. The Recipient’s investment policy; and
ii. Provincial legislation and regulation.
5.7 Interest Earnings and Investment Gains. Interest earnings and investment gains
will be:
• Proportionately allocated to the CCBF when applicable; and
• Applied to Eligible Expenditures for Eligible Projects.
5.8 Funds Advanced. Funds shall be spent (in accordance with Sections 3 and 4) or
transferred (in accordance with Sections 5.3 or 5.4) within five (5) years after the end
of the year in which Funds were received. Unexpended Funds shall not be retained
beyond such five (5) year period without the documented consent of AMO. AMO
reserves the right to declare that unexpended Funds after five (5) years become a
debt to Canada which the Recipient will reimburse forthwith on demand to AMO for
transmission to Canada.
5.9 Expenditure of Funds. The Recipient shall expend all Funds by December 31, 2038.
5.10 HST. The use of Funds is based on the net amount of harmonized sales tax to be
paid by the Recipient net of any applicable tax rebates.
5.11 Limit on Canada’s Financial Commitments. The Recipient may use Funds to pay
up to one hundred percent (100%) of Eligible Expenditures of an Eligible Project.
5.12 Federal Funds. The Recipient agrees that any Funds received will be treated as
“federal funds” for the purpose of other federal infrastructure programs.
5.13 Stacking. If the Recipient is receiving federal funds under other federal infrastructure
programs in respect of an Eligible Project to which the Recipient wishes to apply
Funds, the maximum federal contribution limitation set out in any other federal
infrastructure program agreement made in respect of that Eligible Project shall
continue to apply.
5.14 Withholding Payment. AMO may, in its exclusive discretion, withhold Funds where
the Recipient is in default of compliance with any provisions of this Agreement.
5.15 Insufficient Funds Provided by Canada. Notwithstanding the provisions of Section
2, if Canada does not provide sufficient funds to continue the Funds for any Municipal
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Fiscal Year during which this Agreement is in effect, AMO may immediately terminate
this Agreement on written notice to the Recipient.
6. REPORTING REQUIREMENTS
6.1 Annual Report. The Recipient shall submit a report to AMO by April 30th each year,
or as otherwise notified by AMO. The report shall be submitted in an electronic format
deemed acceptable by AMO and shall contain the information described in Schedule
D.
6.2 Project List. The Recipient shall ensure that projects are reported in advance of
construction. Information required is as noted in Section 2.3 of Schedule E.
7. ASSET MANAGEMENT
7.1 Implementation of Asset Management. The Recipient will develop and implement
an Asset Management plan, culture, and methodology in accordance with legislation
and regulation established by the Government of Ontario (e.g., O. Reg. 588/17).
7.2 Asset Data. The Recipient will continue to improve data describing the condition of,
long-term cost of, levels of service provided by, and risks associated with
infrastructure assets.
8. HOUSING NEEDS ASSESSMENT
8.1 Requirement. While an HNA is encouraged for all Municipalities, the Recipient must
complete a HNA if it had a population of 30,000 or more on the 2021 Census of
Canada and is a Single-Tier Municipality or a Lower-Tier Municipality.
8.2 Content of the HNA. The Recipient will prepare the HNA in accordance with the
guidance provided from time to time by Canada.
8.3 Use of HNA. The Recipient is expected to prioritize projects that support the growth
of the housing supply. The HNA is to be used by Municipalities to prioritize, where
possible, Infrastructure or capacity building projects that support increased housing
supply where it makes sense to do so.
8.4 Publication of the HNA. The Recipient will publish the HNA on its website.
8.5 HNA reporting requirements. The Recipient will send to AMO by March 31, 2025,
unless otherwise agreed upon:
a) A copy of any HNA it is required to complete in accordance with Section 8.1;
and
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b) The URL to the published HNA on the Recipient’s website.
9. COMMUNICATIONS REQUIREMENTS
9.1 The Recipient will comply with all communication requirements outlined in Schedule
E.
10. RECORDS AND AUDIT
10.1 Accounting Principles. All accounting terms not otherwise defined herein have the
meanings assigned to them; all calculations will be made and all financial data to be
submitted will be prepared in accordance with generally accepted accounting
principles (“GAAP”) in effect in Ontario. GAAP will include, without limitation, those
principles approved or recommended for local governments from time to time by the
Public Sector Accounting Board or the Chartered Professional Accountants of Canada
or any successor institute, applied on a consistent basis.
10.2 Separate Records. The Recipient shall maintain separate records and
documentation for the Funds and keep all records including invoices, statements,
receipts, and vouchers in respect of Funds expended on Eligible Projects in
accordance with the Recipient’s municipal records retention by-law. Upon reasonable
notice by AMO or Canada, the Recipient shall submit all records and documentation
relating to the Funds for inspection or audit.
10.3 External Auditor. AMO or Canada may request, upon written notice to Recipient, an
audit of Eligible Project(s) or Annual Report(s). AMO shall retain an external auditor
to carry out an audit and ensure that any auditor who conducts an audit pursuant to
this Agreement or otherwise, provides a copy of the audit report to the Recipient.
11. INSURANCE AND INDEMNITY
11.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or
cause to be put into effect and maintained for the term of this Agreement all the
necessary insurance with respect to each Eligible Project, including any Eligible
Projects with respect to which the Recipient has transferred Funds pursuant to
Section 5 of this Agreement, that would be considered appropriate for a prudent
Municipality undertaking similar Eligible Projects, including, where appropriate and
without limitation, property, construction, and liability insurance, which insurance
coverage shall identify Canada and AMO as additional insureds for the purposes of
the Eligible Projects.
11.2 Certificates of Insurance. Throughout the term of this Agreement, the Recipient shall
have a valid certificate of insurance that confirms compliance with the requirements
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of Section 11.1. The Recipient shall produce such certificate of insurance on request,
including as part of any AMO or Canada audit.
11.3 AMO Not Liable. In no event shall Canada or AMO be liable for:
• Any bodily injury, death or property damages to the Recipient, its employees,
agents, or consultants or for any claim, demand or action by any Third Party
against the Recipient, its employees, agents, or consultants, arising out of or
in any way related to this Agreement; or
• Any incidental, indirect, special, or consequential damages, or any loss of use,
revenue or profit to the Recipient, its employees, agents, or consultants arising
out of any or in any way related to this Agreement.
11.4 Recipient to Compensate Canada. The Recipient will ensure that it will not, at any
time, hold the Government of Canada, its officers, servants, employees or agents
responsible for any claims or losses of any kind that the Recipient, Third Parties or
any other person or entity may suffer in relation to any matter related to the Funds or
an Eligible Project and that the Recipient will, at all times, compensate Canada, its
officers, servants, employees and agents for any claims or losses of any kind that any
of them may suffer in relation to any matter related to CCBF funding or an Eligible
Project.
11.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify and hold
harmless AMO, its officers, servants, employees or agents (each of which is called an
“Indemnitee”), from and against all claims, losses, damages, liabilities and related
expenses including the fees, charges and disbursements of any counsel for any
Indemnitee incurred by any Indemnitee or asserted against any Indemnitee by
whomsoever brought or prosecuted in any manner based upon, or occasioned by,
any injury to persons, damage to or loss or destruction of property, economic loss or
infringement of rights caused by or arising directly or indirectly from:
• The Funds;
• The Recipient’s Eligible Projects, including the design, construction, operation,
maintenance, and repair of any part or all of the Eligible Projects;
• The performance of this Agreement or the breach of any term or condition of
this Agreement by the Recipient, its officers, servants, employees, and agents,
or by a Third Party, its officers, servants, employees, or agents; and
• Any omission or other wilful or negligent act of the Recipient or Third Party and
their respective officers, servants, employees, or agents.
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12. TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE
12.1 Reinvestment. The Recipient will invest into Eligible Projects, any revenue that is
generated from the sale, lease, encumbrance, or other disposal of an asset resulting
from an Eligible Project where such disposal takes place within five (5) years of the
date of completion of the Eligible Project.
12.2 Notice. The Recipient shall notify AMO in writing 120 days in advance and at any time
during the five (5) years following the date of completion of an Eligible Project if it is
sold, leased, encumbered, or otherwise disposed of.
12.3 Public Use. The Recipient will ensure that Infrastructure resulting from any Eligible
Project that is not sold, leased, encumbered, or otherwise disposed of, remains
primarily for public use or benefit.
13. DEFAULT AND TERMINATION
13.1 Event of Default. AMO may declare in writing that an Event of Default has occurred
when the Recipient has not complied with any condition, undertaking or term in this
Agreement. AMO will not declare in writing that an Event of Default has occurred
unless it has first consulted with the Recipient. For the purposes of this Agreement,
each of the following events shall constitute an “Event of Default”:
• Failure by the Recipient to deliver in a timely manner an Annual Report or
respond to questionnaires or reports as required;
• Delivery of an Annual Report that discloses non-compliance with any
condition, undertaking or material term in this Agreement;
• Failure by the Recipient to co-operate in an external audit undertaken by
Canada, AMO or their agents;
• Delivery of an external audit report that discloses non-compliance with any
condition, undertaking or term in this Agreement; and
• Failure by the Recipient to expend Funds in accordance with the terms of this
Agreement, including Section 5.8.
13.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient, within
thirty (30) calendar days of receipt of the notice, either corrects the default or
demonstrates, to the satisfaction of AMO in its sole discretion that it has taken such
steps as are necessary to correct the default.
13.3 Remedies on Default. If AMO declares that an Event of Default has occurred under
Section 13.1, after thirty (30) calendar days from the Recipient’s receipt of the notice
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of an Event of Default, it may immediately terminate this Agreement or suspend its
obligation to pay the Funds. If AMO suspends payment, it may pay suspended Funds
if AMO is satisfied that the default has been cured.
13.4 Repayment of Funds. If AMO declares that an Event of Default has not been cured
to its exclusive satisfaction, AMO reserves the right to declare that prior payments of
Funds become a debt to Canada which the Recipient will reimburse forthwith on
demand to AMO for transmission to Canada.
14. CONFLICT OF INTEREST
14.1 No Conflict of Interest. The Recipient will ensure that no current member of the AMO
Board of Directors and no current or former public servant or office holder to whom
any post-employment, ethics and conflict of interest legislation, guidelines, codes or
policies of Canada applies will derive direct benefit from the Funds, the Unspent
Funds, and any interest earned thereon, unless the provision of receipt of such
benefits is in compliance with such legislation, guidelines, policies or codes.
15. NOTICE
15.1 Notice. Any notice, information or document provided for under this Agreement will
be effectively given if in writing and if delivered by hand, or overnight courier, mailed,
postage or other charges prepaid, or sent by email to the addresses in Section 15.3.
Any notice that is sent by hand or overnight courier service shall be deemed to have
been given when received; any notice mailed shall be deemed to have been received
on the eighth (8) calendar day following the day on which it was mailed; any notice
sent by email shall be deemed to have been received on the sender’s receipt of an
acknowledgment from the intended recipient (such as by the “return receipt
requested” function, as available, return email or other written acknowledgment),
provided that in the case of a notice sent by email, if it is not given on a business day
before 4:30 p.m. Eastern Standard Time, it shall be deemed to have been given at
8:30 a.m. on the next business day for the recipient.
15.2 Representatives. The individuals identified in Section 15.3 of this Agreement, in the
first instance, act as AMO’s or the Recipient’s, as the case may be, representative for
the purpose of implementing this Agreement.
15.3 Addresses for Notice. Further to Section 15.1 of this Agreement, notice can be given
at the following addresses:
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• If to AMO:
Executive Director
Canada Community-Building Fund Agreement
Association of Municipalities of Ontario
155 University Avenue, Suite 800
Toronto, ON M5H 3B7
Telephone: 416-971-9856
Email: ccbf@amo.on.ca
• If to the Recipient:
Treasurer
The Municipality of Bayham
P. O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1Y0
16. MISCELLANEOUS
16.1 Counterpart Signature. This Agreement may be signed (including by electronic
signature) and delivered (including by facsimile transmission, by email in PDF or
similar format or using an online contracting service designated by AMO) in
counterparts, and each signed and delivered counterpart will be deemed an original
and both counterparts will together constitute one and the same document.
16.2 Severability. If for any reason a provision of this Agreement that is not a fundamental
term is found to be or becomes invalid or unenforceable, in whole or in part, it will be
deemed to be severable and will be deleted from this Agreement, but all the other
terms and conditions of this Agreement will continue to be valid and enforceable.
16.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance
or indulgence demonstrated by AMO will not constitute waiver of rights in this
Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any
remedy that it may have under this Agreement or under the law.
16.4 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the Province of Ontario and the laws of Canada applicable in Ontario.
16.5 Survival. The Recipient agrees that the following sections and provisions of this
Agreement shall extend for seven (7) years beyond the expiration or termination of
this Agreement: Sections 4, 5.8, 5.9, 6.1, 11.4, 11.5, 12, 13.4 and 16.8.
16.6 AMO, Canada and Recipient Independent. The Recipient will ensure its actions do
not establish or will not be deemed to establish a partnership, joint venture, principal-
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agent relationship, or employer-employee relationship in any way or for any purpose
whatsoever between Canada and the Recipient, between AMO and the Recipient,
between Canada and a Third Party or between AMO and a Third Party.
16.7 No Authority to Represent. The Recipient will ensure that it does not represent itself,
including in any agreement with a Third Party, as a partner, employee, or agent of
Canada or AMO.
16.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a debt
due to AMO, which the Recipient will reimburse forthwith, on demand, to AMO.
16.9 Priority. In the event of a conflict, the part of this Agreement that precedes the
signature of the Parties will take precedence over the Schedules.
16.10 Complementarity. The Recipient is to use the CCBF to complement, without
replacing or displacing, other sources of funding for municipal infrastructure.
16.11 Equity. The Recipient is to consider Gender Based Analysis Plus (“GBA+”) lenses
when undertaking a project.
17. SCHEDULES
17.1 This Agreement, including:
Schedule A Eligible Investment Categories
Schedule B Eligible Expenditures
Schedule C Ineligible Expenditures
Schedule D The Annual Report
Schedule E Communications Requirements
constitute the entire agreement between the Parties with respect to the subject matter
contained in this Agreement and supersedes all prior oral or written representations
and agreements.
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18. SIGNATURES
IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, and delivered
this Agreement, effective April 1, 2024.
THE MUNICIPALITY OF BAYHAM
By:
Name:
Title:
Date
Name:
Title:
Date
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
By:
Name:
Title: Executive Director
Date
Witness:
Title:
Date
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SCHEDULE A:
ELIGIBLE INVESTMENT CATEGORIES
1. Broadband connectivity – investments in the construction, material enhancement, or
renewal of infrastructure that provides internet access to residents, businesses, and/or
institutions in Canadian communities.
2. Brownfield redevelopment – investments in the remediation or decontamination of a
brownfield site within municipal boundaries – provided that the site is being redeveloped
to construct a public park for municipal use, publicly owned social housing, or
Infrastructure eligible under another investment category listed in this schedule.
3. Capacity-building – investments that strengthen the Recipient’s ability to develop long-
term planning practices as described in Schedule B, item 2.
4. Community energy systems – investments in the construction, material enhancement,
or renewal of infrastructure that generates energy or increases energy efficiency.
5. Cultural infrastructure – investments in the construction, material enhancement, or
renewal of infrastructure that supports the arts, humanities, or heritage.
6. Drinking water – investments in the construction, material enhancement, or renewal of
infrastructure that supports drinking water conservation, collection, treatment, and
distribution systems.
7. Fire halls – investments in the construction, material enhancement, or renewal of fire halls
and fire station infrastructure.
8. Local roads and bridges – investments in the construction, material enhancement, or
renewal of roads, bridges, tunnels, highways, and active transportation infrastructure.
9. Public transit – investments in the construction, material enhancement, or renewal of
infrastructure that supports a shared passenger transport system that is available for
public use.
10. Recreational infrastructure – investments in the construction, material enhancement, or
renewal of recreational facilities or networks.
11. Regional and local airports – investments in the construction, material enhancement, or
renewal of airport-related infrastructure (excluding infrastructure in the National Airports
System).
12. Resilience – investments in the construction, material enhancement, or renewal of built
and natural infrastructure assets and systems that protect and strengthen the resilience
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of communities and withstand and sustain service in the face of climate change, natural
disasters, and extreme weather events.
13. Short-line rail – investments in the construction, material enhancement, or renewal of
railway-related infrastructure for carriage of passengers or freight.
14. Short-sea shipping – investments in the construction, material enhancement, or renewal
of infrastructure related to the movement of cargo and passengers around the coast and
on inland waterways, without directly crossing an ocean.
15. Solid waste – investments in the construction, material enhancement, or renewal of
infrastructure that supports solid waste management systems (including the collection,
diversion, and disposal of recyclables, compostable materials, and garbage).
16. Sport infrastructure – investments in the construction, material enhancement, or renewal
of amateur sport infrastructure (facilities housing professional or semi-professional sports
teams are ineligible).
17. Tourism infrastructure – investments in the construction, material enhancement, or
renewal of infrastructure that attracts travelers for recreation, leisure, business, or other
purposes.
18. Wastewater – investments in the construction, material enhancement, or renewal of
infrastructure that supports wastewater and storm water collection, treatment, and
management systems.
Note: Investments in health infrastructure (e.g., hospitals, long-term care facilities, convalescent
centres, and senior centres) are not eligible.
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SCHEDULE B:
ELIGIBLE EXPENDITURES
Eligible Expenditures will be limited to the following:
1. Infrastructure investments – expenditures associated with acquiring, planning,
designing, constructing, or renovating a tangible capital asset and any related debt
financing charges specifically identified with that asset.
2. Capacity-building costs – for projects eligible under the capacity-building category only,
expenditures associated with the development and implementation of:
• Capital investment plans, integrated community sustainability plans, integrated
regional plans, housing needs assessments, or asset management plans;
• Studies, strategies, systems, software, third-party assessments, plans, or training
related to asset management;
• Studies, strategies, systems, or plans related to housing or land use;
• Studies, strategies, or plans related to the long-term management of infrastructure;
and
• Other initiatives that strengthen the Recipient’s ability to improve local and regional
planning.
3. Joint communications and signage costs – expenditures directly associated with joint
federal communication activities and with federal project signage.
4. Employee costs – the costs of the Recipient’s employees for projects eligible under the
capacity-building category only – provided that the costs, on an annual basis, do not
exceed the lesser of:
• 40% of the Recipient’s annual allocation (i.e., the amount of CCBF funding made
available to the Recipient by AMO under Section 5.5 of this Agreement); or
• $80,000.
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SCHEDULE C:
INELIGIBLE EXPENDITURES
The following are deemed Ineligible Expenditures:
1. Costs incurred before the Fund was established – project expenditures incurred before
April 1, 2005.
2. Costs incurred before categories were eligible – project expenditures incurred:
• Before April 1, 2014 – under the broadband connectivity, brownfield
redevelopment, cultural infrastructure, disaster mitigation (now resilience),
recreational infrastructure, regional and local airports, short-line rail, short-sea
shipping, sport infrastructure, and tourism infrastructure categories; and.
• Before April 1, 2021 – under the fire halls category.
3. Internal costs – the Recipient’s overhead costs (including salaries and other employment
benefits), operating or administrative costs (related to planning, engineering, architecture,
supervision, management, and other activities normally carried out by the Recipient’s
staff), and equipment leasing costs – except in accordance with Eligible Expenditures
described in Schedule B.
4. Rebated costs – taxes for which the Recipient is eligible for a tax rebate and all other
costs eligible for rebates.
5. Land costs – the purchase of land or any interest therein and related costs.
6. Legal fees.
7. Routine repair or maintenance costs – costs that do not result in the construction,
material enhancement, or renewal of a tangible capital asset.
8. Investments in health infrastructure – costs associated with health infrastructure or
assets (e.g., hospitals, long-term care facilities, convalescent centres, and senior centres).
9. Investments in professional or semi-professional sports facilities – costs associated
with facilities used by professional or semi-professional sports teams.
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SCHEDULE D:
ANNUAL REPORT
The Annual Report may include – but is not necessarily limited to – the following information
pertaining to the previous fiscal year:
1. Financial information – and particularly:
• Interest earnings and investment gains – in accordance with Section 5.7;
• Proceeds from the disposal of assets – in accordance with Section 12.1;
• Outgoing transfers – in accordance with Sections 5.3 and 5.4;
• Incoming transfers – in accordance with Section 5.3; and
• Amounts paid – in aggregate for Eligible Expenditures on each Eligible Project.
2. Project information – describing each Eligible Project that started, ended, or was
ongoing in the reporting year.
3. Results – and particularly:
• Expected outputs and outcomes for each ongoing Eligible Project;
• Outputs generated and outcomes achieved for each Eligible Project that ended
construction in the reporting year; and
• Housing outcomes resulting from each Eligible Project that ended construction in
the reporting year, and specifically:
i. The number of housing units enabled, supported, or preserved; and
ii. The number of affordable housing units enabled, supported, or preserved.
4. Other information – such as:
• Progress made in the development and implementation of asset management
plans and systems; and
• The impact of the CCBF on housing pressures tied to infrastructure gaps, the
housing supply, and housing affordability.
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SCHEDULE E:
COMMUNICATIONS REQUIREMENTS
1. COMMUNICATIONS ACTIVITIES
1.1 Scope. The provisions of this Schedule apply to all communications activities related
to any Funds and Eligible Projects.
1.2 Definition. Communications activities may include (but are not limited to) public or
media events, news releases, reports, web articles, blogs, project signs, digital signs,
publications, success stories and vignettes, photo compilations, videos, advertising
campaigns, awareness campaigns, editorials, award programs, and multi-media
products.
2. INFORMATION SHARING REQUIREMENTS
2.1 Notification requirements. The Recipient must report all active Eligible Projects to
AMO in advance of construction each year. Reports must be submitted in an
electronic format deemed acceptable by AMO.
2.2 Active Eligible Projects. Active Eligible Projects are those Eligible Projects that
either begin in the current calendar year or are ongoing in the current calendar year.
2.3 Information required. The report must include, at a minimum, the name, category,
description, expected outcomes, anticipated CCBF contribution, anticipated start
date, and anticipated end date of each active Eligible Project.
3. PROJECT SIGNAGE REQUIREMENTS
3.1 Installation requirements. Unless otherwise approved by Canada, the Recipient
must install a federal sign to recognize federal funding for each Eligible Project in
accordance with design, content, and installation guidelines provided by Canada.
3.2 Permanent signs, plaques, and markers. Permanent signage, plaques, and
markers recognizing municipal or provincial contributions to an Eligible Project must
also recognize the federal contribution and must be approved by Canada.
3.3 Responsibilities. The Recipient is responsible for the production and installation of
Eligible Project signage in accordance with Section 3 of this Schedule E, except as
otherwise agreed upon.
3.4 Reporting requirements. The Recipient must inform AMO of signage installations in
a manner determined by AMO.
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4. DIGITAL COMMUNICATIONS REQUIREMENTS
4.1 Social media. AMO maintains accounts dedicated to the CCBF on several social
media networks. The Recipient must @mention the relevant account when producing
content that promotes or communicates progress on one or more Eligible Projects.
AMO’s CCBF-dedicated social media accounts are identified on
www.buildingcommunities.ca.
4.2 Websites and webpages. Websites and webpages created to promote or
communicate progress on one or more Eligible Projects must recognize federal
funding using either:
a) A digital sign; or
b) The Canada wordmark and the following wording (as applicable):
i. “This project is funded in part by the Government of Canada”; or
ii. “This project is funded by the Government of Canada”.
The Canada wordmark or digital sign must link to www.infrastructure.gc.ca.
Guidelines describing how this recognition is to appear and language requirements
are posted at http://www.infrastructure.gc.ca/pub/signage-panneaux/intro-eng.html.
5. REQUIREMENTS FOR MEDIA EVENTS AND ANNOUNCEMENTS
5.1 Definitions. Media events and announcements include, but are not limited to, news
conferences, public announcements, and the issuing of news releases to
communicate the funding of Eligible Projects or achievement of key milestones (such
as groundbreaking ceremonies, grand openings, and completions).
5.2 Authority. Canada, AMO, or the Recipient may request a media event or
announcement.
5.3 Notification requirements. Media events and announcements must not proceed
without the prior knowledge and agreement of AMO, Canada, and the Recipient.
5.4 Notice. The requester of a media event or announcement must provide at least fifteen
(15) business days’ notice to other parties of their intention to undertake such an event
or announcement. If communications are proposed through a news release with no
supporting event, Canada additionally requires five (5) business days with the draft
news release to secure approvals and confirm the federal representative’s quote.
5.5 Date and location. Media events and announcements must take place at a date and
location that is mutually agreed to by the Recipient, AMO and Canada.
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5.6 Representatives. The Recipient, AMO, and Canada will have the opportunity to
participate in media events and announcements through a designated representative.
Each Party will choose its own designated representative.
5.7 Responsibilities. AMO and the Recipient are responsible for coordinating all onsite
logistics for media events and announcements unless otherwise agreed on.
5.8 No unreasonable delay. The Recipient must not unreasonably delay media events
and announcements.
5.9 Precedence. The conduct of all joint media events, announcements, and supporting
communications materials (e.g., news releases, media advisories) will follow the Table
of Precedence for Canada.
5.10 Federal approval. All joint communications material related to media events and
announcements must be approved by Canada and recognize the funding of all
contributors.
5.11 Federal policies. All joint communications material must reflect Canada’s Policy on
Official Languages and the Policy on Communications and Federal Identity.
5.12 Equal visibility. The Recipient, Canada, and AMO will have equal visibility in all
communications activities.
6. PROGRAM COMMUNICATIONS
6.1 Own communications activities. The Recipient may include messaging in its own
communications products and activities with regards to the use of Funds.
6.2 Funding acknowledgements. The Recipient must recognize the funding of all
contributors when undertaking such activities.
7. OPERATIONAL COMMUNICATIONS
7.1 Responsibilities. The Recipient is solely responsible for operational communications
with respect to the Eligible Projects, including but not limited to, calls for tender,
construction, and public safety notices. Operational communications as described
above are not subject to the federal official languages policy.
7.2 Federal funding acknowledgement. Operational communications should include,
where appropriate, the following statement (as appropriate):
a) “This project is funded in part by the Government of Canada”; or
b) “This project is funded by the Government of Canada”.
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7.3 Notification requirements. The Recipient must share information promptly with AMO
should significant emerging media or stakeholder issues relating to an Eligible Project
arise. AMO will advise the Recipient, when appropriate, about media inquiries
received concerning an Eligible Project.
8. COMMUNICATING SUCCESS STORIES
8.1 Participation requirements. The Recipient must work with Canada and AMO when
asked to collaborate on communications activities – including, but not limited to,
Eligible Project success stories (including positive impacts on housing), Eligible
Project vignettes, and Eligible Project start-to-finish features.
9. ADVERTISING CAMPAIGNS
9.1 Responsibilities. The Recipient may, at its own cost, organize an advertising or
public information campaign related to the use of the Funds or Eligible Projects,
provided that the campaign respects the provisions of this Agreement.
9.2 Notice. The Recipient must inform Canada and AMO of its intention to organize a
campaign no less than twenty-one (21) working days prior to the launch of the
campaign.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: July 18, 2024
REPORT: CAO-30/24 SUBJECT: AMENDMENT TO SITE PLAN AGREEMENT – CHESTERMAN LEASING INC.
– 14493 BAYHAM DRIVE, BAYHAM (APPLICATION NO. SPA-02/24)
BACKGROUND At its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for
Everyone Act, 2022. Report DS-34/22 presented Council with amendments to the Municipality’s existing site plan control by-law – By-law No. 2016-047 – and recommended that, to ensure compliance with Bill 109, More Homes for Everyone Act, 2022, the Chief Administrative Officer (CAO) be appointed to be the Site Plan Control approval authority for the Municipality. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022,
be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022,
Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications. Council subsequently adopted By-law No. 2022-046, Site Plan Control By-law, on June 16, 2022. The CAO’s delegated authority is assigned under Section 6(1) of By-law No. 2022-046.
On March 19, 2024, a Site Plan Control Application was submitted by Grassmere Construction Ltd. on behalf of Chesterman Leasing Inc. requesting amendment to the existing Site Plan Agreement for the property known municipally as 14493 Bayham Drive. The application was
deemed completed by Planning staff on June 7, 2024. The existing Site Plan Agreement was approved by By-law No. 2006-066; it is Agreement No. 0832 in the Municipality’s files.
DISCUSSION The intent of the Site Plan application is to construct a covered canopy of 210 sq. m. at the front of the existing building, which is considered an increase to the floor area. There were no proposed changes to the parking lot or surface water drainage. The Ministry of Transportation (MTO) provided comment that the submission has been considered in accordance with the Public Transportation and Highway Improvement Act and MTO’s highway access management guidelines. Further, the MTO did not object to the proposed addition, but do require a Building & Land Use permit. They also noted that the existing entrance on Bayham Drive is setback approximately 25 metres from Highway 3,
deficient of MTO’s setback requirements. Any future expansion or intensification of the site will require the entrance to be relocated to meet MTO’s setback requirements.
Staff reviewed the complete application with no concerns noted in respect of Municipal policies and practices. The Amending Agreement was executed by all parties on July 3, 2024. As the CAO is the delegated authority for Site Plan Control approval, this information is provided for informational purposes only. STRATEGIC PLAN Not applicable. ATTACHMENTS
1. Site Plan Control Application – Grassmere c/o Chesterman, 14493 Bayham Drive, Bayham
2. Amending Agreement between The Corporation of the Municipality of Bayham and Chesterman, 14493 Bayham Drive, Bayham RECOMMENDATION
1. THAT Report CAO-30/24 re Amendment to Site Plan Agreement – Chesterman Leasing Inc. – 14493 Bayham Drive, Bayham (Application No. SPA-02/24) be received for information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-044
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE ASSOCIATION
OF MUNICIPALITIES OF ONTARIO FOR FUNDING FROM THE CANADA
COMMUNITY-BUILDING FUND
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS Canada, Ontario and Ontario municipalities, represented by the Association
of Municipalities of Ontario (AMO), have amended the Canada-Ontario-AMO-Toronto
Agreement in order to confirm Canada Community-Building Fund (CCBF) allocations to 2034;
AND WHEREAS the Corporation of The Municipality of Bayham deems it necessary to
execute an agreement with AMO to continue to receive transfer funding from the Canada
Community-Building Fund (formerly Federal Gas Tax Revenues);
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized to
execute the Agreement attached hereto as Schedule “A” and forming part of this by-
law between The Corporation of the Municipality of Bayham and The Association of
Municipalities of Ontario for funding from the Canada Community-Building Fund;
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 18th DAY OF
JULY, 2024.
___________________________ _____________________________
MAYOR CLERK
MUNICIPAL FUNDING AGREEMENT
ON THE CANADA COMMUNITY-BUILDING FUND
BETWEEN:
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
(referred to herein as “AMO”)
AND:
THE MUNICIPALITY OF BAYHAM
(a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the
“Recipient”)
WHEREAS the Government of Canada, the Government of Ontario, AMO, and the City of Toronto
are signatories to the Administrative Agreement on the Canada Community-Building Fund
effective April 1, 2024 (the “Administrative Agreement”), which governs the transfer and use of
the Canada Community-Building Fund (“CCBF”) in Ontario;
AND WHEREAS AMO is responsible for the administration of CCBF funding made available to
all Municipalities in Ontario – except the City of Toronto – under the Administrative Agreement,
and will therefore undertake (and require the Recipient to undertake) certain activities as set out
in this Agreement;
AND WHEREAS the Recipient wishes to enter into this Agreement to access CCBF funding;
NOW THEREFORE the Parties agree as follows:
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1. DEFINITIONS AND INTERPRETATIONS
1.1 Definitions. For the purposes of this Agreement, the following terms shall have the
meanings ascribed to them below:
“Annual Report” means the duly completed report to be prepared and delivered to
AMO as described in Section 6.1.
“Asset Management” is a principle/practice that includes planning processes,
approaches, plans, or related documents that support an integrated lifecycle approach
to the effective stewardship of infrastructure assets to maximize benefits and
effectively manage risk.
“Canada” means the Government of Canada, as represented by the Minister of
Housing, Infrastructure and Communities.
“Canada Community-Building Fund” or “CCBF” means the program established
under section 161 of the Keeping Canada’s Economy and Jobs Growing Act, S.C.
2011, c. 24 as amended by section 233 of the Economic Action Plan 2013 Act, No. 1,
S.C. 2013, c. 33, as the Gas Tax Fund and renamed the Canada Community-Building
Fund in section 199 of Budget Implementation Act, 2021, No. 1.
“Contract” means an agreement between the Recipient and a Third Party whereby
the latter agrees to supply a product or service to an Eligible Project in return for
financial consideration.
“Eligible Expenditure” means an expenditure described as eligible in Schedule B or
deemed eligible by Canada in accordance with Section 4.2.
“Eligible Investment Category” means an investment category listed in Schedule A
or deemed eligible by Canada in accordance with Section 3.2.
“Eligible Project” means a project that fits within an Eligible Investment Category.
“Event of Default” has the meaning given to it in Section 13.1 of this Agreement.
“Funds” mean the funds made available to the Recipient through the CCBF or any
other source of funding as determined by Canada. Funds are made available pursuant
to this Agreement and includes any interest earned on the said Funds. Funds
transferred to another Municipality in accordance with Section 5.3 of this Agreement
are to be treated as Funds by the Municipality to which the Funds are transferred; and
Funds transferred to a non-municipal entity in accordance with Section 5.4 of this
Agreement shall remain as Funds under this Agreement for all purposes and the
Recipient shall continue to be bound by all provisions of this Agreement with respect
to such transferred Funds.
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“Housing Needs Assessment” or “HNA” means a report informed by data and
research describing the current and future housing needs of a Municipality or
community according to guidance provided by Canada.
“Ineligible Expenditures” means those expenditures described as ineligible in
Schedule C or deemed ineligible by Canada in accordance with Section 4.2.
“Infrastructure” means tangible capital assets that are primarily for public use or
benefit in Ontario – whether municipal or regional, and whether publicly or privately
owned.
“Lower-Tier Municipality” means a Municipality that forms part of an Upper-Tier
Municipality for municipal purposes, as defined under the Municipal Act, 2001, S.O.
2001, c. 25.
“Municipal Fiscal Year” means the period beginning January 1st of a year and
ending December 31st of the same year.
“Municipality” and “Municipalities” means every municipality as defined under the
Municipal Act, 2001, S.O. 2001, c. 25.
“Non-Municipal Transfer By-law” means a by-law passed by Council of the
Recipient pursuant to Section 5.4 of this Agreement.
“Parties” means AMO and the Recipient.
“Prior Agreement” means the municipal funding agreement for the transfer of federal
gas tax funds entered into by AMO and the Recipient, effective April 2014 and with an
expiry date of March 31, 2024.
“Single-Tier Municipality” means a Municipality, other than an Upper-Tier
Municipality, that does not form part of an Upper-Tier Municipality for municipal
purposes, as defined under the Municipal Act, 2001, S.O. 2001 c. 25.
“Third Party” means any person or legal entity, other than the Parties to this
Agreement, who participates in the implementation of an Eligible Project by means of
a Contract.
“Transfer By-law” means a by-law passed by Council of the Recipient pursuant to
Section 5.3 of this Agreement.
“Unspent Funds” means the amount reported as unspent by the Recipient as of
December 31, 2023 in the Recipient’s 2023 Annual Report (as defined under the Prior
Agreement).
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“Upper-Tier Municipality” means a Municipality of which two or more Lower-Tier
Municipalities form part for municipal purposes, as defined under the Municipal Act,
2001, S.O. 2001 c. 25.
1.2 Interpretations
a) “Agreement” refers to this agreement as a whole, including the cover and
execution pages and all of the schedules hereto, and all amendments made
hereto in accordance with the provisions hereof.
b) The words “herein”, “hereof” and “hereunder” and other words of similar
import refer to this Agreement as a whole and not any particular schedule,
article, section, paragraph or other subdivision of this Agreement.
c) The term “including” or “includes” means including or includes (as
applicable) without limitation or restriction.
d) Any reference to a federal or provincial statute is to such statute and to the
regulations made pursuant to such statute as such statute and regulations may
at any time be amended or modified and in effect and to any statute or
regulations that may be passed that have the effect of supplementing or
superseding such statute or regulations.
2. TERM OF THE AGREEMENT
2.1 Term. Subject to any extension or termination of this Agreement or the survival of any
of the provisions of this Agreement pursuant to the provisions contained herein, this
Agreement shall come into effect as of April 1, 2024 up to and including March 31,
2034.
2.2 Review. This Agreement will be reviewed by AMO by June 30, 2027.
2.3 Amendment. This Agreement may be amended at any time in writing as agreed to
by AMO and the Recipient.
2.4 Notice. Any of the Parties may terminate this Agreement on two (2) years written
notice.
2.5 Prior Agreement. The Parties agree that the Prior Agreement, including Section 15.5
thereof, is hereby terminated. Notwithstanding the termination of the Prior Agreement,
including Section 15.5, the reporting and indemnity obligations of the Recipient
thereunder with respect to expended Funds governed by the Prior Agreement as set
forth in Sections 5, 7, 10.3, 10.4 and 10.5 of the Prior Agreement shall survive the
said termination.
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3. ELIGIBLE PROJECTS
3.1 Eligible Projects. Eligible Projects are those that fit within an Eligible Investment
Category. Eligible Investment Categories are listed in Schedule A.
3.2 Discretion of Canada. The eligibility of any investment category not listed in
Schedule A is solely at the discretion of Canada.
3.3 Recipient Fully Responsible. The Recipient is fully responsible for the completion
of each Eligible Project in accordance with Schedule A and Schedule B.
4. ELIGIBLE EXPENDITURES
4.1 Eligible Expenditures and Ineligible Expenditures. Eligible Expenditures are
described in Schedule B. Ineligible Expenditures are described in Schedule C.
4.2 Discretion of Canada. The eligibility of any item not listed in Schedule B or Schedule
C to this Agreement is solely at the discretion of Canada.
4.3 Reasonable Access. The Recipient shall allow AMO and Canada reasonable and
timely access to all documentation, records and accounts and those of their respective
agents or Third Parties related to the receipt, deposit and use of Funds and Unspent
Funds, and any interest earned thereon, and all other relevant information and
documentation requested by AMO or Canada or their respective designated
representatives for the purposes of audit, evaluation, and ensuring compliance with
this Agreement.
4.4 Retention of Receipts. The Recipient will keep proper and accurate accounts and
records of all Eligible Projects including invoices and receipts for Eligible Expenditures
for at least six (6) years after the completion of the project.
4.5 Contracts. The Recipient will award and manage all Contracts in accordance with its
relevant policies and procedures and, if applicable, in accordance with any domestic
or international trade agreements, and all other applicable laws. The Recipient will
ensure any of its Contracts for the supply of services or materials to implement its
responsibilities under this Agreement will be awarded in a way that is transparent,
competitive, consistent with value for money principles and pursuant to its adopted
procurement policy.
5. FUNDS
5.1 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for
and shall be used only for Eligible Expenditures in respect of Eligible Projects.
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5.2 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will be subject
to the terms and conditions of this Agreement, and will no longer be governed by the
terms and conditions of the Prior Agreement.
5.3 Transfer of Funds to a Municipality. Where a Recipient decides to allocate and
transfer Funds to another Municipality (the “Transferee Municipality”):
a) The allocation and transfer shall be authorized by a Transfer By-law. The
Transfer By-law shall be passed by the Recipient’s council and submitted to
AMO as soon thereafter as practicable. The Transfer By-law shall identify the
Transferee Municipality and the amount of Funds the Transferee Municipality
is to receive for the Municipal Fiscal Year(s) specified in the Transfer By-law.
b) The Recipient is still required to submit an Annual Report in accordance with
Section 6.1 hereof with respect to the Funds transferred.
c) No transfer of Funds pursuant to this Section 5.3 shall be effected unless and
until the Transferee Municipality has either (i) entered into an agreement with
AMO on substantially the same terms as this Agreement, or (ii) has executed
and delivered to AMO a written undertaking to assume all of the Recipient’s
obligations under this Agreement with respect to the Funds transferred, such
as undertaking in a form satisfactory to AMO.
5.4 Transfer of Funds to a Non-Municipal Entity. Where a Recipient decides to support
an Eligible Project undertaken by a non-municipal entity (whether a for profit, non-
governmental, or not-for profit organization):
a) The provision of such support shall be authorized by a Transfer By-law (a
“Non-Municipal Transfer By-law”). The Non-Municipal Transfer By-law shall be
passed by the Recipient’s council and submitted to AMO as soon as
practicable thereafter. The Non-Municipal Transfer By-law shall identify the
non-municipal entity, and the amount of Funds the non-municipal entity is to
receive for that Eligible Project.
b) The Recipient shall continue to be bound by all the provisions of this
Agreement notwithstanding any such transfer.
c) No transfer of Funds pursuant to this Section 5.4 shall be effected unless and
until the non-municipal entity receiving the Funds has executed and delivered
to AMO a written undertaking to assume all of the Recipient’s obligations under
this Agreement with respect to the Funds transferred, in a form exclusively
satisfactory to AMO.
5.5 Payout of Funds. Subject to Sections 5.14 and 5.15, AMO will transfer Funds twice
yearly, on or before the dates agreed upon by Canada and AMO.
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5.6 Deposit of Funds. The Recipient will deposit the Funds in:
a) An interest-bearing bank account; or
b) An investment permitted under:
i. The Recipient’s investment policy; and
ii. Provincial legislation and regulation.
5.7 Interest Earnings and Investment Gains. Interest earnings and investment gains
will be:
• Proportionately allocated to the CCBF when applicable; and
• Applied to Eligible Expenditures for Eligible Projects.
5.8 Funds Advanced. Funds shall be spent (in accordance with Sections 3 and 4) or
transferred (in accordance with Sections 5.3 or 5.4) within five (5) years after the end
of the year in which Funds were received. Unexpended Funds shall not be retained
beyond such five (5) year period without the documented consent of AMO. AMO
reserves the right to declare that unexpended Funds after five (5) years become a
debt to Canada which the Recipient will reimburse forthwith on demand to AMO for
transmission to Canada.
5.9 Expenditure of Funds. The Recipient shall expend all Funds by December 31, 2038.
5.10 HST. The use of Funds is based on the net amount of harmonized sales tax to be
paid by the Recipient net of any applicable tax rebates.
5.11 Limit on Canada’s Financial Commitments. The Recipient may use Funds to pay
up to one hundred percent (100%) of Eligible Expenditures of an Eligible Project.
5.12 Federal Funds. The Recipient agrees that any Funds received will be treated as
“federal funds” for the purpose of other federal infrastructure programs.
5.13 Stacking. If the Recipient is receiving federal funds under other federal infrastructure
programs in respect of an Eligible Project to which the Recipient wishes to apply
Funds, the maximum federal contribution limitation set out in any other federal
infrastructure program agreement made in respect of that Eligible Project shall
continue to apply.
5.14 Withholding Payment. AMO may, in its exclusive discretion, withhold Funds where
the Recipient is in default of compliance with any provisions of this Agreement.
5.15 Insufficient Funds Provided by Canada. Notwithstanding the provisions of Section
2, if Canada does not provide sufficient funds to continue the Funds for any Municipal
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Fiscal Year during which this Agreement is in effect, AMO may immediately terminate
this Agreement on written notice to the Recipient.
6. REPORTING REQUIREMENTS
6.1 Annual Report. The Recipient shall submit a report to AMO by April 30th each year,
or as otherwise notified by AMO. The report shall be submitted in an electronic format
deemed acceptable by AMO and shall contain the information described in Schedule
D.
6.2 Project List. The Recipient shall ensure that projects are reported in advance of
construction. Information required is as noted in Section 2.3 of Schedule E.
7. ASSET MANAGEMENT
7.1 Implementation of Asset Management. The Recipient will develop and implement
an Asset Management plan, culture, and methodology in accordance with legislation
and regulation established by the Government of Ontario (e.g., O. Reg. 588/17).
7.2 Asset Data. The Recipient will continue to improve data describing the condition of,
long-term cost of, levels of service provided by, and risks associated with
infrastructure assets.
8. HOUSING NEEDS ASSESSMENT
8.1 Requirement. While an HNA is encouraged for all Municipalities, the Recipient must
complete a HNA if it had a population of 30,000 or more on the 2021 Census of
Canada and is a Single-Tier Municipality or a Lower-Tier Municipality.
8.2 Content of the HNA. The Recipient will prepare the HNA in accordance with the
guidance provided from time to time by Canada.
8.3 Use of HNA. The Recipient is expected to prioritize projects that support the growth
of the housing supply. The HNA is to be used by Municipalities to prioritize, where
possible, Infrastructure or capacity building projects that support increased housing
supply where it makes sense to do so.
8.4 Publication of the HNA. The Recipient will publish the HNA on its website.
8.5 HNA reporting requirements. The Recipient will send to AMO by March 31, 2025,
unless otherwise agreed upon:
a) A copy of any HNA it is required to complete in accordance with Section 8.1;
and
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b) The URL to the published HNA on the Recipient’s website.
9. COMMUNICATIONS REQUIREMENTS
9.1 The Recipient will comply with all communication requirements outlined in Schedule
E.
10. RECORDS AND AUDIT
10.1 Accounting Principles. All accounting terms not otherwise defined herein have the
meanings assigned to them; all calculations will be made and all financial data to be
submitted will be prepared in accordance with generally accepted accounting
principles (“GAAP”) in effect in Ontario. GAAP will include, without limitation, those
principles approved or recommended for local governments from time to time by the
Public Sector Accounting Board or the Chartered Professional Accountants of Canada
or any successor institute, applied on a consistent basis.
10.2 Separate Records. The Recipient shall maintain separate records and
documentation for the Funds and keep all records including invoices, statements,
receipts, and vouchers in respect of Funds expended on Eligible Projects in
accordance with the Recipient’s municipal records retention by-law. Upon reasonable
notice by AMO or Canada, the Recipient shall submit all records and documentation
relating to the Funds for inspection or audit.
10.3 External Auditor. AMO or Canada may request, upon written notice to Recipient, an
audit of Eligible Project(s) or Annual Report(s). AMO shall retain an external auditor
to carry out an audit and ensure that any auditor who conducts an audit pursuant to
this Agreement or otherwise, provides a copy of the audit report to the Recipient.
11. INSURANCE AND INDEMNITY
11.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or
cause to be put into effect and maintained for the term of this Agreement all the
necessary insurance with respect to each Eligible Project, including any Eligible
Projects with respect to which the Recipient has transferred Funds pursuant to
Section 5 of this Agreement, that would be considered appropriate for a prudent
Municipality undertaking similar Eligible Projects, including, where appropriate and
without limitation, property, construction, and liability insurance, which insurance
coverage shall identify Canada and AMO as additional insureds for the purposes of
the Eligible Projects.
11.2 Certificates of Insurance. Throughout the term of this Agreement, the Recipient shall
have a valid certificate of insurance that confirms compliance with the requirements
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of Section 11.1. The Recipient shall produce such certificate of insurance on request,
including as part of any AMO or Canada audit.
11.3 AMO Not Liable. In no event shall Canada or AMO be liable for:
• Any bodily injury, death or property damages to the Recipient, its employees,
agents, or consultants or for any claim, demand or action by any Third Party
against the Recipient, its employees, agents, or consultants, arising out of or
in any way related to this Agreement; or
• Any incidental, indirect, special, or consequential damages, or any loss of use,
revenue or profit to the Recipient, its employees, agents, or consultants arising
out of any or in any way related to this Agreement.
11.4 Recipient to Compensate Canada. The Recipient will ensure that it will not, at any
time, hold the Government of Canada, its officers, servants, employees or agents
responsible for any claims or losses of any kind that the Recipient, Third Parties or
any other person or entity may suffer in relation to any matter related to the Funds or
an Eligible Project and that the Recipient will, at all times, compensate Canada, its
officers, servants, employees and agents for any claims or losses of any kind that any
of them may suffer in relation to any matter related to CCBF funding or an Eligible
Project.
11.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify and hold
harmless AMO, its officers, servants, employees or agents (each of which is called an
“Indemnitee”), from and against all claims, losses, damages, liabilities and related
expenses including the fees, charges and disbursements of any counsel for any
Indemnitee incurred by any Indemnitee or asserted against any Indemnitee by
whomsoever brought or prosecuted in any manner based upon, or occasioned by,
any injury to persons, damage to or loss or destruction of property, economic loss or
infringement of rights caused by or arising directly or indirectly from:
• The Funds;
• The Recipient’s Eligible Projects, including the design, construction, operation,
maintenance, and repair of any part or all of the Eligible Projects;
• The performance of this Agreement or the breach of any term or condition of
this Agreement by the Recipient, its officers, servants, employees, and agents,
or by a Third Party, its officers, servants, employees, or agents; and
• Any omission or other wilful or negligent act of the Recipient or Third Party and
their respective officers, servants, employees, or agents.
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12. TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE
12.1 Reinvestment. The Recipient will invest into Eligible Projects, any revenue that is
generated from the sale, lease, encumbrance, or other disposal of an asset resulting
from an Eligible Project where such disposal takes place within five (5) years of the
date of completion of the Eligible Project.
12.2 Notice. The Recipient shall notify AMO in writing 120 days in advance and at any time
during the five (5) years following the date of completion of an Eligible Project if it is
sold, leased, encumbered, or otherwise disposed of.
12.3 Public Use. The Recipient will ensure that Infrastructure resulting from any Eligible
Project that is not sold, leased, encumbered, or otherwise disposed of, remains
primarily for public use or benefit.
13. DEFAULT AND TERMINATION
13.1 Event of Default. AMO may declare in writing that an Event of Default has occurred
when the Recipient has not complied with any condition, undertaking or term in this
Agreement. AMO will not declare in writing that an Event of Default has occurred
unless it has first consulted with the Recipient. For the purposes of this Agreement,
each of the following events shall constitute an “Event of Default”:
• Failure by the Recipient to deliver in a timely manner an Annual Report or
respond to questionnaires or reports as required;
• Delivery of an Annual Report that discloses non-compliance with any
condition, undertaking or material term in this Agreement;
• Failure by the Recipient to co-operate in an external audit undertaken by
Canada, AMO or their agents;
• Delivery of an external audit report that discloses non-compliance with any
condition, undertaking or term in this Agreement; and
• Failure by the Recipient to expend Funds in accordance with the terms of this
Agreement, including Section 5.8.
13.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient, within
thirty (30) calendar days of receipt of the notice, either corrects the default or
demonstrates, to the satisfaction of AMO in its sole discretion that it has taken such
steps as are necessary to correct the default.
13.3 Remedies on Default. If AMO declares that an Event of Default has occurred under
Section 13.1, after thirty (30) calendar days from the Recipient’s receipt of the notice
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of an Event of Default, it may immediately terminate this Agreement or suspend its
obligation to pay the Funds. If AMO suspends payment, it may pay suspended Funds
if AMO is satisfied that the default has been cured.
13.4 Repayment of Funds. If AMO declares that an Event of Default has not been cured
to its exclusive satisfaction, AMO reserves the right to declare that prior payments of
Funds become a debt to Canada which the Recipient will reimburse forthwith on
demand to AMO for transmission to Canada.
14. CONFLICT OF INTEREST
14.1 No Conflict of Interest. The Recipient will ensure that no current member of the AMO
Board of Directors and no current or former public servant or office holder to whom
any post-employment, ethics and conflict of interest legislation, guidelines, codes or
policies of Canada applies will derive direct benefit from the Funds, the Unspent
Funds, and any interest earned thereon, unless the provision of receipt of such
benefits is in compliance with such legislation, guidelines, policies or codes.
15. NOTICE
15.1 Notice. Any notice, information or document provided for under this Agreement will
be effectively given if in writing and if delivered by hand, or overnight courier, mailed,
postage or other charges prepaid, or sent by email to the addresses in Section 15.3.
Any notice that is sent by hand or overnight courier service shall be deemed to have
been given when received; any notice mailed shall be deemed to have been received
on the eighth (8) calendar day following the day on which it was mailed; any notice
sent by email shall be deemed to have been received on the sender’s receipt of an
acknowledgment from the intended recipient (such as by the “return receipt
requested” function, as available, return email or other written acknowledgment),
provided that in the case of a notice sent by email, if it is not given on a business day
before 4:30 p.m. Eastern Standard Time, it shall be deemed to have been given at
8:30 a.m. on the next business day for the recipient.
15.2 Representatives. The individuals identified in Section 15.3 of this Agreement, in the
first instance, act as AMO’s or the Recipient’s, as the case may be, representative for
the purpose of implementing this Agreement.
15.3 Addresses for Notice. Further to Section 15.1 of this Agreement, notice can be given
at the following addresses:
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• If to AMO:
Executive Director
Canada Community-Building Fund Agreement
Association of Municipalities of Ontario
155 University Avenue, Suite 800
Toronto, ON M5H 3B7
Telephone: 416-971-9856
Email: ccbf@amo.on.ca
• If to the Recipient:
Treasurer
The Municipality of Bayham
P. O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1Y0
16. MISCELLANEOUS
16.1 Counterpart Signature. This Agreement may be signed (including by electronic
signature) and delivered (including by facsimile transmission, by email in PDF or
similar format or using an online contracting service designated by AMO) in
counterparts, and each signed and delivered counterpart will be deemed an original
and both counterparts will together constitute one and the same document.
16.2 Severability. If for any reason a provision of this Agreement that is not a fundamental
term is found to be or becomes invalid or unenforceable, in whole or in part, it will be
deemed to be severable and will be deleted from this Agreement, but all the other
terms and conditions of this Agreement will continue to be valid and enforceable.
16.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance
or indulgence demonstrated by AMO will not constitute waiver of rights in this
Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any
remedy that it may have under this Agreement or under the law.
16.4 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the Province of Ontario and the laws of Canada applicable in Ontario.
16.5 Survival. The Recipient agrees that the following sections and provisions of this
Agreement shall extend for seven (7) years beyond the expiration or termination of
this Agreement: Sections 4, 5.8, 5.9, 6.1, 11.4, 11.5, 12, 13.4 and 16.8.
16.6 AMO, Canada and Recipient Independent. The Recipient will ensure its actions do
not establish or will not be deemed to establish a partnership, joint venture, principal-
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agent relationship, or employer-employee relationship in any way or for any purpose
whatsoever between Canada and the Recipient, between AMO and the Recipient,
between Canada and a Third Party or between AMO and a Third Party.
16.7 No Authority to Represent. The Recipient will ensure that it does not represent itself,
including in any agreement with a Third Party, as a partner, employee, or agent of
Canada or AMO.
16.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a debt
due to AMO, which the Recipient will reimburse forthwith, on demand, to AMO.
16.9 Priority. In the event of a conflict, the part of this Agreement that precedes the
signature of the Parties will take precedence over the Schedules.
16.10 Complementarity. The Recipient is to use the CCBF to complement, without
replacing or displacing, other sources of funding for municipal infrastructure.
16.11 Equity. The Recipient is to consider Gender Based Analysis Plus (“GBA+”) lenses
when undertaking a project.
17. SCHEDULES
17.1 This Agreement, including:
Schedule A Eligible Investment Categories
Schedule B Eligible Expenditures
Schedule C Ineligible Expenditures
Schedule D The Annual Report
Schedule E Communications Requirements
constitute the entire agreement between the Parties with respect to the subject matter
contained in this Agreement and supersedes all prior oral or written representations
and agreements.
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18. SIGNATURES
IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, and delivered
this Agreement, effective April 1, 2024.
THE MUNICIPALITY OF BAYHAM
By:
Name:
Title:
Date
Name:
Title:
Date
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
By:
Name:
Title: Executive Director
Date
Witness:
Title:
Date
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SCHEDULE A:
ELIGIBLE INVESTMENT CATEGORIES
1. Broadband connectivity – investments in the construction, material enhancement, or
renewal of infrastructure that provides internet access to residents, businesses, and/or
institutions in Canadian communities.
2. Brownfield redevelopment – investments in the remediation or decontamination of a
brownfield site within municipal boundaries – provided that the site is being redeveloped
to construct a public park for municipal use, publicly owned social housing, or
Infrastructure eligible under another investment category listed in this schedule.
3. Capacity-building – investments that strengthen the Recipient’s ability to develop long-
term planning practices as described in Schedule B, item 2.
4. Community energy systems – investments in the construction, material enhancement,
or renewal of infrastructure that generates energy or increases energy efficiency.
5. Cultural infrastructure – investments in the construction, material enhancement, or
renewal of infrastructure that supports the arts, humanities, or heritage.
6. Drinking water – investments in the construction, material enhancement, or renewal of
infrastructure that supports drinking water conservation, collection, treatment, and
distribution systems.
7. Fire halls – investments in the construction, material enhancement, or renewal of fire halls
and fire station infrastructure.
8. Local roads and bridges – investments in the construction, material enhancement, or
renewal of roads, bridges, tunnels, highways, and active transportation infrastructure.
9. Public transit – investments in the construction, material enhancement, or renewal of
infrastructure that supports a shared passenger transport system that is available for
public use.
10. Recreational infrastructure – investments in the construction, material enhancement, or
renewal of recreational facilities or networks.
11. Regional and local airports – investments in the construction, material enhancement, or
renewal of airport-related infrastructure (excluding infrastructure in the National Airports
System).
12. Resilience – investments in the construction, material enhancement, or renewal of built
and natural infrastructure assets and systems that protect and strengthen the resilience
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of communities and withstand and sustain service in the face of climate change, natural
disasters, and extreme weather events.
13. Short-line rail – investments in the construction, material enhancement, or renewal of
railway-related infrastructure for carriage of passengers or freight.
14. Short-sea shipping – investments in the construction, material enhancement, or renewal
of infrastructure related to the movement of cargo and passengers around the coast and
on inland waterways, without directly crossing an ocean.
15. Solid waste – investments in the construction, material enhancement, or renewal of
infrastructure that supports solid waste management systems (including the collection,
diversion, and disposal of recyclables, compostable materials, and garbage).
16. Sport infrastructure – investments in the construction, material enhancement, or renewal
of amateur sport infrastructure (facilities housing professional or semi-professional sports
teams are ineligible).
17. Tourism infrastructure – investments in the construction, material enhancement, or
renewal of infrastructure that attracts travelers for recreation, leisure, business, or other
purposes.
18. Wastewater – investments in the construction, material enhancement, or renewal of
infrastructure that supports wastewater and storm water collection, treatment, and
management systems.
Note: Investments in health infrastructure (e.g., hospitals, long-term care facilities, convalescent
centres, and senior centres) are not eligible.
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SCHEDULE B:
ELIGIBLE EXPENDITURES
Eligible Expenditures will be limited to the following:
1. Infrastructure investments – expenditures associated with acquiring, planning,
designing, constructing, or renovating a tangible capital asset and any related debt
financing charges specifically identified with that asset.
2. Capacity-building costs – for projects eligible under the capacity-building category only,
expenditures associated with the development and implementation of:
• Capital investment plans, integrated community sustainability plans, integrated
regional plans, housing needs assessments, or asset management plans;
• Studies, strategies, systems, software, third-party assessments, plans, or training
related to asset management;
• Studies, strategies, systems, or plans related to housing or land use;
• Studies, strategies, or plans related to the long-term management of infrastructure;
and
• Other initiatives that strengthen the Recipient’s ability to improve local and regional
planning.
3. Joint communications and signage costs – expenditures directly associated with joint
federal communication activities and with federal project signage.
4. Employee costs – the costs of the Recipient’s employees for projects eligible under the
capacity-building category only – provided that the costs, on an annual basis, do not
exceed the lesser of:
• 40% of the Recipient’s annual allocation (i.e., the amount of CCBF funding made
available to the Recipient by AMO under Section 5.5 of this Agreement); or
• $80,000.
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SCHEDULE C:
INELIGIBLE EXPENDITURES
The following are deemed Ineligible Expenditures:
1. Costs incurred before the Fund was established – project expenditures incurred before
April 1, 2005.
2. Costs incurred before categories were eligible – project expenditures incurred:
• Before April 1, 2014 – under the broadband connectivity, brownfield
redevelopment, cultural infrastructure, disaster mitigation (now resilience),
recreational infrastructure, regional and local airports, short-line rail, short-sea
shipping, sport infrastructure, and tourism infrastructure categories; and.
• Before April 1, 2021 – under the fire halls category.
3. Internal costs – the Recipient’s overhead costs (including salaries and other employment
benefits), operating or administrative costs (related to planning, engineering, architecture,
supervision, management, and other activities normally carried out by the Recipient’s
staff), and equipment leasing costs – except in accordance with Eligible Expenditures
described in Schedule B.
4. Rebated costs – taxes for which the Recipient is eligible for a tax rebate and all other
costs eligible for rebates.
5. Land costs – the purchase of land or any interest therein and related costs.
6. Legal fees.
7. Routine repair or maintenance costs – costs that do not result in the construction,
material enhancement, or renewal of a tangible capital asset.
8. Investments in health infrastructure – costs associated with health infrastructure or
assets (e.g., hospitals, long-term care facilities, convalescent centres, and senior centres).
9. Investments in professional or semi-professional sports facilities – costs associated
with facilities used by professional or semi-professional sports teams.
Municipal Funding Agreement on the Canada Community-Building Fund
Page 20 of 24
SCHEDULE D:
ANNUAL REPORT
The Annual Report may include – but is not necessarily limited to – the following information
pertaining to the previous fiscal year:
1. Financial information – and particularly:
• Interest earnings and investment gains – in accordance with Section 5.7;
• Proceeds from the disposal of assets – in accordance with Section 12.1;
• Outgoing transfers – in accordance with Sections 5.3 and 5.4;
• Incoming transfers – in accordance with Section 5.3; and
• Amounts paid – in aggregate for Eligible Expenditures on each Eligible Project.
2. Project information – describing each Eligible Project that started, ended, or was
ongoing in the reporting year.
3. Results – and particularly:
• Expected outputs and outcomes for each ongoing Eligible Project;
• Outputs generated and outcomes achieved for each Eligible Project that ended
construction in the reporting year; and
• Housing outcomes resulting from each Eligible Project that ended construction in
the reporting year, and specifically:
i. The number of housing units enabled, supported, or preserved; and
ii. The number of affordable housing units enabled, supported, or preserved.
4. Other information – such as:
• Progress made in the development and implementation of asset management
plans and systems; and
• The impact of the CCBF on housing pressures tied to infrastructure gaps, the
housing supply, and housing affordability.
Municipal Funding Agreement on the Canada Community-Building Fund
Page 21 of 24
SCHEDULE E:
COMMUNICATIONS REQUIREMENTS
1. COMMUNICATIONS ACTIVITIES
1.1 Scope. The provisions of this Schedule apply to all communications activities related
to any Funds and Eligible Projects.
1.2 Definition. Communications activities may include (but are not limited to) public or
media events, news releases, reports, web articles, blogs, project signs, digital signs,
publications, success stories and vignettes, photo compilations, videos, advertising
campaigns, awareness campaigns, editorials, award programs, and multi-media
products.
2. INFORMATION SHARING REQUIREMENTS
2.1 Notification requirements. The Recipient must report all active Eligible Projects to
AMO in advance of construction each year. Reports must be submitted in an
electronic format deemed acceptable by AMO.
2.2 Active Eligible Projects. Active Eligible Projects are those Eligible Projects that
either begin in the current calendar year or are ongoing in the current calendar year.
2.3 Information required. The report must include, at a minimum, the name, category,
description, expected outcomes, anticipated CCBF contribution, anticipated start
date, and anticipated end date of each active Eligible Project.
3. PROJECT SIGNAGE REQUIREMENTS
3.1 Installation requirements. Unless otherwise approved by Canada, the Recipient
must install a federal sign to recognize federal funding for each Eligible Project in
accordance with design, content, and installation guidelines provided by Canada.
3.2 Permanent signs, plaques, and markers. Permanent signage, plaques, and
markers recognizing municipal or provincial contributions to an Eligible Project must
also recognize the federal contribution and must be approved by Canada.
3.3 Responsibilities. The Recipient is responsible for the production and installation of
Eligible Project signage in accordance with Section 3 of this Schedule E, except as
otherwise agreed upon.
3.4 Reporting requirements. The Recipient must inform AMO of signage installations in
a manner determined by AMO.
Municipal Funding Agreement on the Canada Community-Building Fund
Page 22 of 24
4. DIGITAL COMMUNICATIONS REQUIREMENTS
4.1 Social media. AMO maintains accounts dedicated to the CCBF on several social
media networks. The Recipient must @mention the relevant account when producing
content that promotes or communicates progress on one or more Eligible Projects.
AMO’s CCBF-dedicated social media accounts are identified on
www.buildingcommunities.ca.
4.2 Websites and webpages. Websites and webpages created to promote or
communicate progress on one or more Eligible Projects must recognize federal
funding using either:
a) A digital sign; or
b) The Canada wordmark and the following wording (as applicable):
i. “This project is funded in part by the Government of Canada”; or
ii. “This project is funded by the Government of Canada”.
The Canada wordmark or digital sign must link to www.infrastructure.gc.ca.
Guidelines describing how this recognition is to appear and language requirements
are posted at http://www.infrastructure.gc.ca/pub/signage-panneaux/intro-eng.html.
5. REQUIREMENTS FOR MEDIA EVENTS AND ANNOUNCEMENTS
5.1 Definitions. Media events and announcements include, but are not limited to, news
conferences, public announcements, and the issuing of news releases to
communicate the funding of Eligible Projects or achievement of key milestones (such
as groundbreaking ceremonies, grand openings, and completions).
5.2 Authority. Canada, AMO, or the Recipient may request a media event or
announcement.
5.3 Notification requirements. Media events and announcements must not proceed
without the prior knowledge and agreement of AMO, Canada, and the Recipient.
5.4 Notice. The requester of a media event or announcement must provide at least fifteen
(15) business days’ notice to other parties of their intention to undertake such an event
or announcement. If communications are proposed through a news release with no
supporting event, Canada additionally requires five (5) business days with the draft
news release to secure approvals and confirm the federal representative’s quote.
5.5 Date and location. Media events and announcements must take place at a date and
location that is mutually agreed to by the Recipient, AMO and Canada.
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Page 23 of 24
5.6 Representatives. The Recipient, AMO, and Canada will have the opportunity to
participate in media events and announcements through a designated representative.
Each Party will choose its own designated representative.
5.7 Responsibilities. AMO and the Recipient are responsible for coordinating all onsite
logistics for media events and announcements unless otherwise agreed on.
5.8 No unreasonable delay. The Recipient must not unreasonably delay media events
and announcements.
5.9 Precedence. The conduct of all joint media events, announcements, and supporting
communications materials (e.g., news releases, media advisories) will follow the Table
of Precedence for Canada.
5.10 Federal approval. All joint communications material related to media events and
announcements must be approved by Canada and recognize the funding of all
contributors.
5.11 Federal policies. All joint communications material must reflect Canada’s Policy on
Official Languages and the Policy on Communications and Federal Identity.
5.12 Equal visibility. The Recipient, Canada, and AMO will have equal visibility in all
communications activities.
6. PROGRAM COMMUNICATIONS
6.1 Own communications activities. The Recipient may include messaging in its own
communications products and activities with regards to the use of Funds.
6.2 Funding acknowledgements. The Recipient must recognize the funding of all
contributors when undertaking such activities.
7. OPERATIONAL COMMUNICATIONS
7.1 Responsibilities. The Recipient is solely responsible for operational communications
with respect to the Eligible Projects, including but not limited to, calls for tender,
construction, and public safety notices. Operational communications as described
above are not subject to the federal official languages policy.
7.2 Federal funding acknowledgement. Operational communications should include,
where appropriate, the following statement (as appropriate):
a) “This project is funded in part by the Government of Canada”; or
b) “This project is funded by the Government of Canada”.
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Page 24 of 24
7.3 Notification requirements. The Recipient must share information promptly with AMO
should significant emerging media or stakeholder issues relating to an Eligible Project
arise. AMO will advise the Recipient, when appropriate, about media inquiries
received concerning an Eligible Project.
8. COMMUNICATING SUCCESS STORIES
8.1 Participation requirements. The Recipient must work with Canada and AMO when
asked to collaborate on communications activities – including, but not limited to,
Eligible Project success stories (including positive impacts on housing), Eligible
Project vignettes, and Eligible Project start-to-finish features.
9. ADVERTISING CAMPAIGNS
9.1 Responsibilities. The Recipient may, at its own cost, organize an advertising or
public information campaign related to the use of the Funds or Eligible Projects,
provided that the campaign respects the provisions of this Agreement.
9.2 Notice. The Recipient must inform Canada and AMO of its intention to organize a
campaign no less than twenty-one (21) working days prior to the launch of the
campaign.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-045
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN 11:28 PROPERTIES INC. AND
THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A PLAN OF SUBDIVISION, KNOWN AS THE EDEN EAST SUBDIVISION, HAMLET OF EDEN, MUNICIPALITY OF BAYHAM.
THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT the agreement affixed hereto as Schedule “A”, being a subdivision agreement with 11:28 Properties Inc., is hereby approved and the Mayor and Chief Administrative Officer are hereby authorized and directed to execute the same.
2. THAT the agreement is to be registered on title to the lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY 2024. ___________________________ _____________________________ MAYOR CLERK
1
SUBDIVISION AGREEMENT
BETWEEN
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
- and -
11:28 PROPERTIES INC.
PART LOT 11, PLAN 258 AND PART OF NORTH ½ LOT 22 CONCESSION 8; BAYHAM, DESIGNATED AS PART 1 ON 11R11147; MUNICIPALITY OF BAYHAM 34T-BY2201 EDEN EAST SUBDIVISION
2
INDEX 1. DEFINTIONS AND INTERPRETATION
1.1. DEFINITIONS
1.2. HEADINGS
1.3. SECTION REFERENCES
1.4. PLANS AND SCHEDULES
1.5. SEVERABILITY
1.6. FINAL AUTHORITY
1.7. EFFECTIVE RESPONSIBILITY
1.8. APPLICABLE PROVINCIAL STATUTES
2. REGISTRATION OR TERMINATION
2.1. FINAL CONSENT BY THE MUNICIPALITY
2.2. REGISTRATION OF AGREEMENT
2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS
2.4. PRE-REGISTRATION SERVICING
3. MUNICIPAL SERVICES BY THE SUBDIVIDER
3.1. CONSULTING ENGINEERS
3.2. MUNICIPAL SERVICES
3.3. STORM WATER MANAGEMENT
a) EXISTING DRAINS
b) STORM WATER MANAGEMENT DURING DEVELOPMENT
c) STORM WATER MANAGEMENT FACILITIES
d) MAINTENANCE OF EXISTING STORM WATER MANAGEMENT
FACILITIES
3.4. SANITARY SEWAGE
3.5. NECESSARY EXTERNAL SERVICES
3.6. SERVICES REQUIRED
3.7. TIME OF CONSTRUCTION
4. FINANCIAL OBLIGATIONS
4.1. SUBDIVIDER EXPENSE
4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY
4.3. SERVICING COST SUMMARY, INFRASTRUCTURE
4.4. SECURITY FOR PERFORMANCE
4.5. INDEMNIFICATION AND INSURANCE
4.6. PARKLAND CONTRIBUTION ACKNOWLEDGMENT
4.7. DEVELOPMENT CHARGES
4.8. TAXES
4.9. INTEREST PAYABLE
4.10. ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE
5. LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER
5.1. DEDICATION OF FUTURE STREETS
5.2. CONVEYANCES BY SUBDIVIDER
6. GRADING OF LOTS AND STREET
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6.1. ADHERENCE TO GRADING PLANS
6.2. LOT GRADING PLANS
6.3. GRADING CERTIFICATION
7. LOT DEVELOPMENT
7.1. ZONING BY-LAW
7.2. BUILDING PERMITS
7.3. LOT DEVELOPMENT PLANS
7.4. MODEL HOMES
7.5. OCCUPANCY OF UNITS
7.6. BUILDING COVENANT – NO DUPLICATION
8. NOTICES AND FURTHER REQUIREMENTS
8.1. STREET PARKING RESTRICTIONS
8.2. COMMUNITY MAILBOXES
8.3. FUTURE SIDEWALK CONNECTIVITY
8.4. SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD AND LONDON DISTRICT CATHOLIC SCHOOL BOARD
8.5. ARCHAELOGICAL ASSESSMENT
8.6. GROUNDWATER/SOILS TESTING
9. SPECIAL PROVISIONS
9.1 STREET NAMES
9.2 MULTI-WELL PUMPING TEST
9.3 DESKTOP REVIEW SUSTAINABLE YIELD OF GROUNDWATER
9.4 RE-SAMPLING OF TEST WELL 3
10. CONSTRUCTION AND APPLICABLE STANDARDS
10.1. CONSTRUCTION CONTRACT(S) APPROVAL
10.2. INSPECTION AND ENTRY
10.3. USE OF PUBLIC HIGHWAY
10.4. LIENS
10.5. STANDARDS APPLICABLE TO SERVICE INSTALLATIONS
a) ROAD DESIGN AND CLASS OF ROADS
b) SOIL CERTIFICATES – ROADS AND UNDERGROUND SERVICES
c) TREE PLANTING
d) TEMPORARY TURN AROUND DESIGN
e) SANITARY SEWER SYSTEM
i. SEPARATION
ii. INSPECTION RECORD
11. FURTHER COVENANTS
11.1. DEFAULT
11.2. REPAIR OF SERVICES
11.3. MUNICIPALITY PERFORMING WORKS
11.4. MAINTENANCE OF SERVICES
11.5. ALLOCATION OF SEWAGE CAPACITY
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11.6. VEHICLE CLEANING OBLIGATIONS
12. MAINTENANCE SECURITIES, SUBSTANTIAL COMPLETION AND ASSUMPTION
12.1. MAINTENANCE SECURITIES
12.2. CERTIFICATE OF SUBSTANTIAL COMPLETION
12.3. WARRANTY PERIOD
12.4. CERTIFICATE OF ASSUMPTION
12.5. NO WINTER INSPECTION
13. GENERAL PROVISIONS
13.1. TIME IS OF THE ESSENCE
13.2. NOTIFICATION
13.3. PRIORITY OF MUNICIPALITY ACTIONS
13.4. DELEGATION OF MUNICIPAL RESPONSIBILITIES
13.5. ASSIGNMENT OF OBLIGATION
13.6. ESTOPPEL
13.7. ENTIRETY
13.8. SUCCESSOR OBLIGATIONS AND BENEFIT
13.9. SUCCESSION
SUMMARY OF SCHEDULES
SCHEDULE “A” - Legal Description
SCHEDULE “B1” - Subdivision Phasing Plan
SCHEDULE “B2” - Draft Plan of Subdivision - ‘M’ Plan
SCHEDULE “C” - Blocks & Easements to be Transferred by Subdivider
SCHEDULE “D” - Engineering Drawings List and Descriptions
SCHEDULE “E1” - Estimated Construction Costs (Lots 1-33 Fronting Bruce Street and Bailey Court) One Phase
SCHEDULE “E2” - Implementation Schedule – Phase 1 and Phase 2
5
THIS SUBDIVISION AGREEMENT made this day of 2024.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
hereinafter called the “Municipality”
OF THE FIRST PART
- and -
11:28 PROPERTIES INC., a corporation incorporated under the laws of the
Province of Ontario and having its registered office in the County of Norfolk
hereinafter called the “Subdivider”
OF THE SECOND PART
WHEREAS the Subdivider is the registered and beneficial owner of the lands (hereinafter
referred to as the “Lands”) situate in the Municipality of Bayham in the County of Elgin,
more particularly described in Schedule “A” attached to and forming part of this Subdivision Agreement;
AND WHEREAS the Municipality is the registered and beneficial owner of the lands situate in the Municipality of Bayham in the County of Elgin, and described as: PART LOT 11, PLAN 258 AND PART NORTH ½ LT 22 CONCESSION 8 BAYHAM, DESIGNATED AS PART 1
ON 11R-11147; BAYHAM;
AND WHEREAS the Subdivider and the Municipality have agreed that the development of the
Lands, in accordance with the Plan and this Subdivision Agreement, which development, for purposes of development phasing, as evidenced by the Decision of the County of Elgin dated February 14, 2023, File No. 34T-BY2201;
AND WHEREAS the Subdivider has agreed with the Municipality to comply with the conditions contained in the Notice of Decision, File No. 34T-BY2201, dated February 14,
2023.
AND WHEREAS the Plan proposed by the Subdivider includes a residential subdivision area
to be developed in two phases, consisting of a 33-lot subdivision in two Phases – Phase 1 Lots 1-17 and Lots 28-33 and Phase 2 with Lots 18-27;
AND WHEREAS Subsection 51(26) of the Planning Act, R.S.O. 1990, c. P 13 provides that a municipality may enter into one or more agreements imposed as a condition to the approval of a plan of subdivision and the agreement(s) may be registered against the land to which it
applies and the municipality is entitled to enforce the provisions to the agreement against the owner of the lands and subject to the Registry Act, R.S.O. 1990, c. R. 20 and the Land Titles
Act, R.S.O. 1990, c. L.5, against any and all subsequent owners;
AND WHEREAS the Subdivider has agreed with the Municipality to comply with the Municipality’s requirements with respect to the construction of all servicing to be completed in one phase for the lands proposed to be subdivided in two phases and other
matters as hereinafter set forth;
NOW THEREFORE THIS SUBDIVISION AGREEMENT WITNESSETH that the Parties
hereto in consideration of other good and valuable consideration and the sum of ONE DOLLAR ($1.00) of lawful money of Canada by each to the other paid (the receipt and sufficiency whereof is hereby by each acknowledged), covenant and agree each with the other as follows:
1. DEFINITIONS AND INTERPRETATION
1.1. DEFINITIONS
For purposes of this Agreement the following words and phrases, where capitalized,
shall be deemed to have the following meanings:
6
a) “Agreement” means this Agreement made pursuant to Sections 50(3)(a), 51.1 and 51.1(25), (26) of the Planning Act, R.S.O. 1990 c. P 13 as amended including all
schedules and amendments hereto;
b) “Approval Authority” shall have the same meaning set out in Section 51 of the
Planning Act. As the upper tier municipality within which the Lands are located, the County of Elgin is the delegated approval authority under 51(4) of the Planning Act, for purposes of Section 51 of the Planning Act;
c) “Assumption” and “Assumed” shall have the meaning set out in the Substantial Completion and Assumption process described in Section 12;
d) “Block(s)” mean a Block as identified as such on the Plan;
e) “Conservation Authority” means the Long Point Region Conservation Authority and its successors and assigns.
f) “Consulting Engineer” means the Registered Professional Engineer or firm of
engineers retained by the Subdivider in compliance with 3.1;
g) “County” means The Corporation of the County of Elgin and its successors and assigns;
h) “Engineer” shall mean a licensed Professional Engineer who carries current Professional Liability Insurance and holds a current certificate of authorization issued by the Association of Professional Engineers of the Province of Ontario or is employed by a partnership or corporation authorized by the Association of
Professional Engineers of Ontario to offer professional engineering services to the public;
i) “Engineering Drawings” means the Engineering Drawings approved by the Municipality Engineer and attached as Schedules to this agreement;
j) “Final Inspection” shall mean the inspection of services performed by or on behalf of the Manager or by the Manager of Public Works where applicable, after the two-year period of Conditional Assumption of services described in Section 12;
k) “Front-Ended” describes capital facilities, services or works that are partially or
wholly for the benefit of lands outside the Plan but are being installed, constructed or otherwise provided and initially paid for by the Subdivider as a requirement of this Agreement with the provision that the Subdivider will have a right to future reimbursement for same as Development Charges or other payments are collected from the owners or developers of the benefiting lands outside the Plan;
l) “Lands” means the Lands described in Schedule “A” to this Agreement;
m) “Lot” means a Lot identified as such on the Plan;
n) “Maintenance Period” means the period of time from the date of issuance of the
Certificate of Substantive Completion for the Works and Services as described on Schedule “E1” to which the same relates until the date of issuance of the Certificate of Assumption for the same Works and Services During which period the Owner shall be responsible for the repair and maintenance of all such Works and Services as Described on Schedule “E1”.
o) “Manager” means the Municipality’s Manager of Public Works and the Manager’s
assigned designates of the Municipality;
p) “Municipality Engineer” means the Engineer duly authorized and appointed by the
Municipality at the relevant time;
q) “Municipality's Solicitor” means the solicitor duly authorized and appointed by the Municipality at the relevant time.
r) "Necessary External Services” means: (i) services to be constructed by the Subdivider outside of the Lands which are, in the opinion of the Municipality Engineer, necessary for the orderly and efficient development of the Lands, and
(ii) also means services located within the Plan which benefit lands outside the
Plan but are deemed by the Manager to be necessary to the Plan and are eligible capital costs within the meaning of the Developmental Charges Act S.O. 1997 Chapter 27;
s) “Plan” means the Draft Plan of Subdivision, attached hereto and identified as
7
Schedule “B” showing the development of a 33-lot subdivision in two Phases – Phase 1 with 23 lots and Phase 2 with 10 lots;
t) “Pre-Servicing” and “Pre-Service” means any and all work performed in relation to the construction or installation of any of the Services on the Lands set out in the
Engineering Drawings attached as Schedules to this Agreement prior to approval and registration of the Plan and registration of this Agreement;
u) “Services” means any or all of the services required to be provided under this Agreement as shown on the Engineering Drawings attached as Schedules to this Agreement and approved amendments thereto and shall include all earthworks, equipment and structures appurtenant thereto. The term “Services,” where used
herein, may mean a service or a part thereof individually, or services or parts thereof collectively, as context requires;
v) “Subdivider” is identified above but shall also, where the context permits, mean subsequent Owner(s) who receive title to one or more lots and blocks within the Plan before or after development within such lot(s) or block(s). “Owner” shall be considered an alternate term for Subdivider for purposes of this Agreement;
w) “Water/Wastewater Operations Manager” means the Manager of Water/Wastewater
Operations and Capital Projects.
x) “Works” shall mean the servicing work required of the Subdivider by this Agreement.
1.2. HEADINGS
The headings to the Sections of this Agreement are for convenience only and are not to be considered a part of this Agreement and do not in any way limit or amplify the terms and conditions of this Agreement.
1.3. SECTION REFERENCES
References herein to provisions of this Agreement by numbers and letters shall without further explanation mean the corresponding section, subsection and/or paragraph of this Agreement.
1.4. PLANS AND SCHEDULES
The plans and schedules attached hereto and marked as Schedules “A” through
“E2” are hereby incorporated into and form part of this Agreement. An index naming all Schedules is included at the end of the general index at the front of this Agreement.
The Parties agree that Schedules “B1”, “B2”, “C”, “D”, “E1” and “E2” hereto are uninitialed, photographically reduced copies of plans initialed by the Parties on the execution of this Agreement and that such initialed plans form part of this Agreement. The Parties further agree that in the event any part or parts of the said Schedules are
illegible or conflict with the initialed “original plan” from which it was made, the initialed plan shall prevail and shall be deemed to be a part of this Agreement.
1.5. SEVERABILITY
If any provisions of this Agreement or the application thereof to any circumstances shall be held to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall attach only to such impugned provision and shall not affect any or all other provisions of this Agreement. The remaining provisions of this Agreement
or the application thereof to other circumstances shall not be affected thereby and shall
be valid and enforceable to the fullest extent permitted by law.
1.6. FINAL AUTHORITY
Where there is any conflict between the servicing requirements or other requirements and standards of the Municipality and those of any other regulatory body having jurisdiction, the more exacting requirement or standard shall prevail. In the event of any dispute as to which is more exacting, the decision of the Municipality’s Engineer shall
be final as between the Subdivider and the Municipality.
1.7. EFFECTIVE RESPONSIBILITY
Every provision of this Agreement by which the Subdivider is obligated in any way is
deemed to include the words “at the expense of the Subdivider and to the Municipality’s satisfaction”, unless specifically stated otherwise.
1.8. APPLICABLE PROVINCIAL STATUTES
8
a) Reference to any Statute herein shall be deemed to include past and future amendments in force at the time of this Agreement or subsequent hereto and any successor legislation that may replace such statute.
b) In this Agreement, “the Act” shall mean the Planning Act, R.S.O. 1990, c. P 13, as
amended.
2. REGISTRATION OR TERMINATION
2.1. FINAL CONSENT BY THE MUNICIPALITY
Following (i) the execution of this Agreement, (ii) completion of those covenants required to be fulfilled by the Subdivider upon execution and at other times prior to registration, (iii) final Plan approval by the Approval Authority, and (iv) registration of the Plan by the Subdivider and assignment by the Land Titles office of PINs for the lots and blocks laid out in the Plan, the Municipality shall deliver this Agreement for registration on title to
the Lands. Execution of this Agreement shall constitute sufficient consent by the parties for the Solicitor for the Municipality to register this Agreement against title to the Lands at the cost of the Subdivider, without further written authorization.
2.2. REGISTRATION OF AGREEMENT
Despite Section 2.1, above, and in accordance with Section 53(1) of the Ontario Water
Resources Act, R.S.O. 1990, c. O.40, neither the Plan nor this Agreement shall be
registered against the Lands until an environmental compliance approval for sewage
works has been issued by the Ontario Ministry of Environment, Conservation and Parks.
2.3. EARLY TERMINATION OF AGREEMENT AND OBLIGATIONS
The Subdivider shall satisfy all preconditions for the registration of this Agreement as identified above and shall provide written notice to the Municipality of same within six (6) months of the effective date of this Agreement. If the Subdivider fails to provide such notice within this time, the Agreement may be terminated by the Municipality in the Municipality’s sole discretion, upon the provision of written notice to the Subdivider, in
which case the respective obligations of the Subdivider and the Municipality shall terminate forthwith.
The Subdivider hereby expressly agrees not to apply for any building permits until final approval of the Plan has been obtained and the Plan together with this Agreement are registered on title to the Lands, and furthermore agrees that this provision may be pleaded by the Municipality in any action or proceeding as an estoppel of any claim
arising from a denial of any such rights and permits.
3. MUNICIPAL SERVICES BY THE SUBDIVIDER
3.1. CONSULTING ENGINEERS
a) The Subdivider agrees to retain a Registered Professional Engineer as the
Consulting Engineer of the Subdivider to carry out all engineering and supervise the work required to be done for the development of the Lands. The Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this Agreement is completed and formally assumed by the Municipality in
accordance with this Agreement.
The Subdivider shall notify the Municipality in writing, to identify the Subdivider’s
Consulting Engineer of record for the completion of the entire project described in this Agreement.
The Subdivider shall notify the Municipality in writing in the event that unavoidable circumstances necessitate appointment of a successor Consulting Engineer prior to completion of all Consulting Engineer responsibilities and duties under this
Agreement. As a condition of retaining a replacement Consulting Engineer, the
Subdivider shall require that the successor shall provide an undertaking to the Municipality that the successor Consulting Engineer will be in a position to furnish to the Municipality the required certification of works or services installed or partially installed prior to the hiring of the successor Consulting Engineer and to provide as-
constructed drawings of all Services and other works required under this Agreement.
9
b) The Subdivider agrees that the Consulting Engineer’s responsibilities shall include but not be limited to the following:
i. design all the works for the construction and installation of Services required by this Agreement in accordance with standards of the
Municipality and applicable statutes and regulations;
ii. prepare plans, profiles, and specifications for the said Services and submit detailed plans, profiles and specifications to the Municipality for approval prior to the installation of the Services described therein;
iii. obtain, in conjunction with the Municipality when necessary, all the necessary approvals required prior to the construction of Services;
iv. make available to the Municipality and the Municipality Engineer, where requested by the Municipality or the Municipality Engineer, any of the
contracts for construction and installation of the Services;
v. supervise construction of the Services and all work involved;
vi. maintain all records of construction of the Services;
vii. upon completion of the Services, supply to the Municipality as-constructed drawings on mylar or equivalent, as well as in digital format, of all the Services as constructed and installed by contractors under this Agreement;
viii. on completion of construction of the Services to supply the Municipality and the Municipality Engineer with a certificate that the execution of all
constructions of Services was in accordance with the approved plans and specifications;
ix. supervise the construction of any remedial work required by the Municipality;
x. design and monitor lot grading in accordance with the approved grading plan attached as a Schedule to this Agreement. The execution and maintenance of such work should address lot grading, soil conservation
and erosion control to the satisfaction of the Municipality Engineer, including methods of controlling sediment during construction as well as possible downstream impacts and minimization of any environmental impacts that might be identified;
xi. if applicable, for the exporting of soils, the Subdivider shall conform with O. Reg. 406/19 Excess Soil Management.
c) The Subdivider acknowledges that the Municipality will rely on inspections, interim
and final reports, and certifications performed and provided by the Consulting Engineer. This shall not restrict the Municipality and/or the Municipality Engineer’s right to investigate, inspect and review construction and installation of the Services at any stage.
3.2. MUNICIPAL SERVICES
The following Services are to be provided in accordance with Engineering Drawings attached as Schedule “D” to this Agreement for the two Phases:
UNDERGROUND SERVICES
a) sanitary sewers and appurtenances;
b) private drain connections to sanitary sewers;
c) storm sewers and appurtenances;
d) private drain connections to storm sewers;
e) catch basins and leads;
f) gravelled or recycled asphalt road base;
g) dry hydrant for fire suppression;
h) hydro services;
ABOVE GROUND SERVICES
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i) curbs and gutters, concrete sidewalks as shown on the Engineering Drawings, listed on attached Schedule “D” to this agreement;
j) concrete or asphalt driveway approaches from the curb to the sidewalk where sidewalks are required;
k) asphalt pavement of driveway approaches to the property lines where
sidewalks are not required;
l) asphalt pavement of the streets including top coat of asphalt and constructed in accordance with the municipality standards for streets;
m) street name signs and Highway Traffic Act street signs;
n) LED street lighting with underground wiring in front of the lots (and designated blocks);
o) sodding in the boulevard areas between the curbs and property lines;
p) tree planting in areas between curbs and lot lines.
3.3. STORM WATER MANAGEMENT
a) EXISTING DRAINS
The Subdivider will maintain in operation all drains in use on the Lands during the construction of all services and dwellings and repair same in a proper workmanlike manner, provided always that the Subdivider shall have the right to relocate the
said drains, in accordance with plans and specifications approved in writing by the Municipality Engineer prior to commencement of the construction of services and dwellings and not otherwise, provided that such relocation shall be made under the supervision of the Consulting Engineer and subject to periodic inspections which may be made by the Municipality and/or the Municipality Engineer.
b) STORM WATER MANAGEMENT DURING DEVELOPMENT
i. The Subdivider shall manage the storm drainage generated from the Lands in compliance with the design criteria as previously set out in the 11:28 Properties Inc. Subdivision Storm Water Management Report Eden Municipality of Bayham Elgin County prepared by CJDL Engineers
Rev 1 dated 21 May 2024 as approved by the Municipality Engineer.
ii. The Subdivider shall implement erosion and sedimentation control measures identifying best management practices for the development within the Lands. These measures must be designed by CJDL Engineering Ltd., approved by the Municipality Engineer and installed prior to any construction or the
commencement of any earth moving operations. iii. The Subdivider shall prepare a silt/erosion control plan to be submitted with the subdivision grading plan. iv. The Subdivider shall ensure storm drainage and storm water management for all development with the Plan are self-contained and designed/constructed in
a manner which does not negatively affect the surrounding areas.
v. All storm water from roof downspouts, driveways and other impervious areas shall be directed to the fronting streets, within the Plan, where possible. The Subdivider shall include in all offers of purchase and sale a notice of the responsibility of the purchaser to fulfill these requirements.
vi. The installation of the erosion control measures for this development, as
shown on the Engineering Drawings are to remain in place and maintained, until the development of all the lots within the Plan is fully complete. vii. The Subdivider shall conduct regular inspections every two weeks and after each sizeable storm event of all sediment and erosion control works,
structures and measures in the approved storm water management
plan/report and maintain an inspection log which shall state the name of the inspector, date of inspections and the rectification or replacement measures which were undertaken to maintain the sediment and erosion control measures. Such measures are to be to the satisfaction of the Municipality
Engineer. Such inspections are to continue until the Municipality has
assumed the Services of the Plan or until such later time as any further warranty period provided with respect to a storm water management facility
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has terminated or until the Municipality Engineer has confirmed in writing that site construction warrants cessation of the visits. viii. The Subdivider shall:
- provide a copy of the final grading plan and the silt/erosion containment plan, included with the Engineering Drawings listed on attached Schedule “D” to this Agreement, to the outlet Authority, namely the Conservation Authority, for review and comment;
- identify to the Conservation Authority and the Municipality the site contacts
responsible for the monitoring schedule to be implemented above;
- provide to the Conservation Authority and the Municipality a written update of sediment and erosion control inspections and maintenance activities following all storm events;
- submit a final storm water management report to the Municipality and the
Conservation Authority for review and approval;
- complete any necessary applications under the Drainage Act to provide a legal outlet for storm water use;
- ensure that any environmental protection measures recommended in the storm water management plan, that are not capable of being addressed
under the Ontario Water Resources Act, be implemented through the Subdivision Agreement. c) STORMWATER MANAGEMENT FACILITIES
The Subdivider shall construct storm water management facilities (SWMF) in
accordance with Municipality standards and the Engineering Drawings which are in Schedule D to this agreement and in accordance with the final approved SWMF report. The Subdivider further agrees that the Municipality Engineer may direct the Subdivider to make any corrections or perform any necessary changes to comply with the Engineering Drawings.
d) MAINTENANCE OF EXISTING STORMWATER MANAGEMENT FACILITIES
i. The Subdivider shall manage the storm drainage generated from the Plan in compliance with the design criteria as previously set out in the 11:28 Properties Inc. Subdivision Storm water Management Report Eden
Municipality of Bayham Elgin County prepared by CJDL Consulting Engineers dated Rev 1 21 May 2024 as approved by the Municipality Engineer. ii. The Subdivider shall continue to perform all maintenance of the said storm water management facilities and perform all monitoring and inspections
including but not limited to the maintenance, upkeep and inspections required under this Agreement and the ancillary SWMF Maintenance Agreement for not less than five (5) years from the date of assumption; iii. Such maintenance activities, monitoring and inspection by the Subdivider shall continue until the Municipality Engineer issues a Certificate of
Substantial Completion for the SWMF and associated appurtenances and
the Municipality assumes the services; a) That prior to final approval, the Subdivider provide an adequate guaranteed water supply system necessary for fire protection to the satisfaction of the Municipality Fire Chief;
iv. Prior to the SWMF being assumed by the Municipality, the Subdivider shall
be solely responsible for the SWMF. The Subdivider shall dredge the pond to meet the design condition requirements. The Municipality shall under no circumstances be responsible for the repair and maintenance of the SWMF until the Municipality Engineer issues the Certificate of Substantial
Completion for the SWMF and associated appurtenances which are the
subject of this Agreement. v. Before the Municipality assumes the SWMF, the Subdivider shall ensure that the SWMF is handed over to the Municipality in its design condition. An evaluation of the sediment levels within the SWMF shall be completed by the
Subdivider, and any discrepancies between the results of the evaluation and
the design conditions from the approved plans and the final storm water management report must be corrected prior to assumption. vi. The Subdivider agrees to document the sediment level evaluation and any required remediation measures in a report prepared by a professional
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engineer for submission to the Municipality. The professional engineer will be required to certify that the SWMF is functioning in accordance with the approved design.
vii. Upon the issuance of a certificate of substantial completion for the SWMF and associated appurtenances by the Municipality Engineer, the Subdivider shall make provision for the assumption of the SWMF by the Municipality at the cost of the Subdivider.
3.4. SANITARY SEWAGE
The Subdivider agrees that design and installation of sanitary sewers within the Plan will be in compliance with the Design and Construction Standards 2018 for the Municipality of Bayham and the Preliminary Functional Servicing Report dated August 5, 2022 as approved by the Municipality Engineer.
i) Installation of the sanitary sewer underground services will be completed for the entire Lands in Phase 1. a) WASTEWATER PUMPING STATION
No pumping station proposed.
3.5. NECESSARY EXTERNAL SERVICES
The Subdivider agrees that the following Necessary External Services shall be
provided by the Subdivider as set out in the Engineering Drawings:
a) That the Owner establish sidewalks and streetlights at no cost to the Municipality of Bayham to the satisfaction of the Municipality Design and Construction Standards including a sidewalk along Plank Road providing connection to the existing sidewalk along east side Plank Road (County Road
19) to the satisfaction of the County of Elgin.
b) That the Owner develop that part of Bruce Street, being Part 8 RP 11R6179, owned by the Municipality, to the Municipality of Bayham Design and Construction Standards as an integral part of the servicing of the subdivision.
3.6 SERVICES REQUIRED
a) CONSTRUCTION ACCESS
The Subdivider agrees that all construction-related traffic shall be from Plank Road
during the development of Phase 1 and Phase 2. The Subdivider and its contractors and invitees shall use the said access for all construction vehicles and construction related purposes. The Subdivider agrees that, at all material times, the Subdivider shall be responsible for:
i. the proper construction of said accesses and providing signage and
supervision and such other reasonable measures as may be requested by
the Municipality to require contractors, sub-contractors, homebuilders and tradespersons to use the road access designated in this Section for all construction-related vehicles accessing the Lands during each Phase; and,
ii. ensuring during the development of either Phase that all construction-related traffic is restricted to accessing the subdivision from the designated access.
3.7 TIME OF CONSTRUCTION
The Subdivider shall commence and complete the installation and construction of
the Services more particularly described in Schedule “E2” Implementation Schedule
attached to and forming part of this Subdivision Agreement.
4. FINANCIAL OBLIGATIONS
4.1. SUBDIVIDER EXPENSE
Where by this Agreement the Subdivider is to fulfill requirements or obligated in any way, the Subdivider shall fulfill such requirement or obligation at its expense.
4.2. FEES/DEPOSITS PAYABLE TO THE MUNICIPALITY
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The Subdivider shall pay to the Municipality on the execution of this Agreement:
i. the reimbursement of reasonable costs incurred by the Municipality for engineering, administrative and legal in the preparation of this Agreement by the Municipality;
ii. the sum of $2,500 which payment shall be accepted by the Municipality as partial
payment towards legal costs and H.S.T. incurred by the Municipality in connection with the preparation and negotiation of this Agreement, and reviewing and registering documentation in relation to the same. The Subdivider further agrees to be responsible for any reasonable additional legal costs and any H.S.T. relating thereto, incurred by the Municipality associated with this Agreement over
and above the aforementioned amount, and will remit any amount owing immediately upon receipt of an invoice from the Municipality;
iii. the sum of $53,690 which shall be accepted by the Municipality as partial payment towards the Subdivider’s share of the Municipality’s costs of engineering review and inspection with respect to the services to be constructed or installed or repaired pursuant to this Agreement, being three and one-half percent (3.5%)
of the total costs of the Services shown in the Schedule “E1” Estimated Construction Costs (the Engineering Fee), plus H.S.T;
The owner agrees that the municipality may require additional payment should the engineering review and inspection with respect to the services to be constructed or installed or repaired exceed the original estimate.
iv. the sum which will be accepted by the Municipality as the Subdivider’s share of the Municipality’s costs of engineering review and inspection with respect to the
services to be constructed or installed or repaired pursuant to this Agreement, being three and one-half percent (3.5%) of the total costs of the Services for Phase 2 shall be $0.00 as all construction to be completed in Phase 1
4.3. SERVICING COSTS SUMMARY, INFRASTRUCTURE
i. The parties agree that Schedule “E1”, represents the Subdivider Engineer’s estimate of the costs of the Services which are to be provided by the Subdivider pursuant to this Agreement (the Estimated Construction Costs Summary). The
parties further agree that the securities required under Section 4.4 shall be based on the figures set out in Schedule “E1”.
ii. The Subdivider shall pay the total cost of the construction or installation of the Services required to be provided pursuant to the terms of this Agreement.
iii. street name signs and traffic signs on the Lands shall be approved and provided by the Municipality. The Municipality will install all such signs and will invoice the Subdivider for all the Municipality’s costs related to such
purchase and installation.
4.4. SECURITY FOR PERFORMANCE
a) To secure the faithful performance of all of the obligations of the Subdivider to the
Municipality under this Agreement, the Subdivider shall, at the time of execution of this Agreement, deliver to the Municipality satisfactory security for the performance of the Subdivider’s obligations hereunder, in the form of one of the following security instruments:
i. An irrevocable standby commercial letter of credit from a chartered bank
or other financial institution approved by the Municipality, in a form and
amount satisfactory to the Municipality Treasurer providing for the faithful performance of all of the obligations of the Subdivider to the Municipality Corporation under this Agreement;
ii. A surety bond for purposes of guaranteeing performance of subdivision infrastructure development, issued by a Surety Company acceptable to the
Municipality Treasurer. The complete terms of the bonding instrument shall
be submitted in advance for review and consideration by the Municipality’s solicitor and Municipality Treasurer. The Bond must be confirmed by the Municipality Treasurer to be adequate for the Municipality’s purposes. Among other terms the bond shall provide that:
the obligation to pay is on demand, without regard to the equities
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between the Parties;
payout is in cash up to the aggregate amount of the bond, but partial drawings are permitted;
the bond is standing and irrevocable;
the bond automatically renews or is otherwise continuous, until it is released with written consent of the Municipality.
iii. a cash deposit provided to the Municipality by bank draft, certified cheque or approved direct deposit.
b) The total amount of security to be provided to the Municipality upon the execution
of this Agreement shall be based on the following:
the total cost to the Subdivider of the services and works identified in the Schedule “E1” Estimated Construction Costs (Lots 1-33 Fronting Bruce Street and Bailey Court), being $1,534,000; and
The Subdivider agrees that the total amount of the performance security pursuant
to this Section is Nine Hundred and Eight Thousand One Hundred Dollars and
Zero Cents ($908,100.00) shown on Schedule “E1” as attached hereto which is required to be held by the Municipality no later than the time of the execution of this Agreement for all servicing to be completed in Phase 1.
c) The total amount of security to be provided to the Municipality for Phase 2, upon
completion or installation of all the Services or other municipal services identified in
Phase 1,
being Zero Dollars ($0.00) as all underground services shall be
installed during Phase 1
d) If applicable, the security required may be reduced by the sum of the cost of
Services, if any, which have been satisfactorily completed during Pre-Servicing as certified by the Consulting Engineer, to the satisfaction of the Municipality. e) After the Municipality has received the security described above and the
Municipality’s Treasurer is satisfied with the form and sufficiency of same, the
Subdivider shall provide the Municipality with a certificate from its Consulting Engineer, in a form satisfactory to the Municipality’s Engineer, as to the Consulting Engineer's accounting of the total actual cost of the services and works to which the security relates, based on the Subdivider’s actual contract prices for the work
(the Actual Servicing Cost). If the Actual Servicing Cost differs from the Estimated
Servicing Cost by a factor of greater than 10%, the Municipality may:
i. where the Actual Servicing Cost is less than the Estimated Servicing Cost Summary, reduce the security to the actual contract price, or;
ii. where the Actual Servicing Cost is greater than the Estimated Servicing Cost Summary, require the Subdivider to provide additional security in the amount of the difference between the Estimated Servicing Cost Summary
and the Actual Servicing Cost,
No adjustment to security shall be made unless and until the Subdivider provides
copies of the relevant contract or contracts to the satisfaction of the Municipality’s Engineer.
f) If the Subdivider is not in default under this Agreement, the amount of any security instrument held by the Municipality, may, subject to the paragraph immediately below, be reduced from time to time to an amount, which, in the opinion of the
Municipality is adequate to secure the faithful performance of the remaining
obligations of the Subdivider. No reduction shall be made until the Subdivider has first filed with the Municipality a progress certificate from the Consulting Engineer as to the reasonable cost of the Services satisfactorily installed or constructed prior to the date of the certificate. In determining if a reduction in the amount of
security is to be made, the Municipality may have regard for the following:
i. any progress certificate filed by the Consulting Engineer and approved
by the Municipality Engineer,
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ii. any reductions previously made,
iii. any draws or claims made by the Municipality against the security.
Notwithstanding the paragraph above, the amount of any security instrument provided by the Subdivider in respect of the cost of the Services shall not be reduced, as provided in the paragraph above, to less than one percent (1%) of the
Estimated Servicing Cost Summary, or $15,000.00, whichever amount is greater.
g) When all the Services have been constructed or installed and any damage to the Services or other municipal services have been repaired, all to the satisfaction of the Municipality, and a letter certifying the same has been issued to the Subdivider by the Municipality or the Municipality Engineer, a security not less than the amount provided in the paragraph immediately above shall continue to be maintained by
the Subdivider and held by the Municipality throughout the post Certificate of Substantial Completion warranty period, until Assumption of services by the Municipality as described in this Agreement. h) When all of the obligations of the Subdivider under this Agreement have been
fulfilled in the opinion of the Municipality and the Municipality Engineer and the Municipality Treasurer, the Municipality shall return any outstanding security instruments to the Subdivider.
4.5. INDEMNIFICATION AND INSURANCE
Until the Municipality shall have finally accepted the Works by a by-law, the Subdivider shall indemnify the Municipality and its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the Works to
be performed pursuant to this Agreement, including all plans, specifications and contracts including those Works to be performed on the Lands owned by the Municipality and described as: PT N ½ LT 22 CON 8 BAYHAM PT 8 11R6179 EXCEPT PT 7 & 8 11R6366; BAYHAM, therefor and any and all documentation submitted by or on behalf of the Subdivider in support of the approval of such plans, specifications and contract;
and the insurance coverage policy required, shall not be construed as relieving the Subdivider from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. The Subdivider agrees to file with the Municipality on registration of this Agreement, or at such earlier date as the Subdivider may commence Pre-Servicing as described in this Agreement,
a certificate of insurance evidencing the issuance to the Subdivider of a comprehensive policy of public liability and property damage insurance providing for coverage limits in respect of any one incident, of at least $5,000,000.00 exclusive of interest and costs, for this purpose. Such policy shall: (i) name the Municipality as an additional insured thereunder, (ii) be in form and content satisfactory to the Municipality, and (iii) be kept
in good standing until all of Services are assumed.
Such insurance shall include a cross-liability clause protecting the Municipality against claims by the Subdivider as if the Municipality was separately insured.
4.6 PARKLAND CONTRIBUTION ACKNOWLEGMENT
Phase 1
The Subdivider agrees to provide payment in the amount of $25,000 as cash in lieu of parkland dedication prior to the registration of Phase 1 of the Plan, in satisfaction of the Subdivider’s parkland dedication requirement under subsection 51.1(1) of the Act and
the Municipality of Bayham Cash-in-lieu By-law No. 2020-053 being 5% of the appraised
value of $500,000 as determined by BC Appraisals Inc. Revised Report dated December 15, 2023.
Phase 2
The Subdivider agrees to provide payment in the amount of $11,750 as cash in lieu of
parkland dedication prior to the registration of Phase 2 of the Plan, in satisfaction of the Subdivider’s parkland dedication requirement under subsection 51.1(1) of the Act and the Municipality of Bayham Cash-in-lieu By-law No. 2020-053 being 5% of the appraised
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value of $235,000 as determined by BC Appraisals Inc Revised Report dated December 15, 2023.
4.6. DEVELOPMENT CHARGES
i. The Subdivider acknowledges that at the date of this Agreement, development charges are payable in respect of any development within the Plan in accordance with the Municipality of Bayham Development Charges By-law, being By-Law No. 2022-067, as amended.
ii. The Subdivider further acknowledges that if said development charges bylaw is amended or is repealed and a further or additional bylaw is enacted, the development charges payable shall, irrespective of the charges payable at the date of this Agreement, be those payable in accordance with the bylaw or bylaws in effect at the time a building permit is issued.
iii. Pursuant to Section 59(4) of the Development Charges Act, SO 1997, c.27, as
amended, the Subdivider shall notify in writing each person who first agrees to purchase each subdivided lot within the Plan of all development charges, including development charges for school purposes, relating to any such Lot.
4.7. TAXES
The Subdivider will pay the Municipality all outstanding municipal taxes, charges, fees and rates and levies assessed against the Lands, including any penalties thereon, forthwith upon the execution of this Agreement and shall remain current with such
payments at the time of Plan Registration. Further, the Subdivider shall pay taxes and rates and levies assessed against any and all the lands within the Plan for which the Subdivider is in law responsible promptly when such taxes, charges, fees, rates and levies become due.
4.8. INTEREST PAYABLE
i. Whereby this Agreement any cost, fee or amount is payable by the Subdivider to the Municipality, such cost, fee or amount shall be paid at the time or times
stated, or if a time is not stated, it shall be paid within fifteen days of the mailing of a statement by prepaid first class mail or by email addressed to the Subdivider as provided in this Agreement. If any such cost, fee or amount is not paid within the time provided by this Agreement, interest shall be payable at the rate of eighteen percent (18%) per annum from the stated due time,
compounded monthly, or from the sixteenth day after such mailing as the case may be, until payment, and the Municipality may draw on any security instrument provided by the Subdivider for the faithful performance of its obligations. Any amount received on such draw against security shall be applied toward payment of the cost, fee or amount owing and any interest in
respect thereto.
ii. if any cost, fee or amount is at any time unpaid, and the Municipality does not draw upon the security provide by the Subdivider, or if any draw made is insufficient to pay the cost, fee or amount owing, or the balance thereof together with interest which may be payable, any unpaid amount may be recovered as a debt in an action in any court of competent jurisdiction together with all
costs incurred therewith.
iii. for such period as any cost, fee or amount is unpaid to the Municipality, the
Municipality may, in addition to other remedies, refuse to grant building permits to the Subdivider or revoke any which have been issued and not acted on.
iv. the interest calculation provided in i. above shall not apply in respect to any municipal taxes, penalties or interest thereon which the Subdivider pays at the time(s) named in this Agreement, provided that the Municipality may draw on
any security given to the Municipality by the Subdivider for the faithful
performance of the Subdivider’s obligations, in order to pay such taxes, penalties or interest due to the Municipality.
4.9. ADJUSTMENT OF MUNICIPALITY ENGINEERING FEE
The parties agree that despite section 4.2(iii), above, the Engineering Fee paid by the Subdivider may be adjusted as follows based on the Actual Servicing Cost:
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i. where the Actual Servicing Cost is $10,000.00 or more below the Estimated Servicing Cost Summary, then the Municipality shall refund to the Subdivider, within thirty (30) days of the Actual Servicing Cost being confirmed by the
Municipality Engineer, the difference in the Engineering Fee paid on the Estimated Construction Cost Summary and the Actual Servicing Cost.
ii. where the total contract price is $10,000.00 or more above the Estimated Servicing Cost, then the Subdivider shall pay to the Municipality, within thirty (30) days of the total contract price being confirmed by the Municipality Engineer, the difference in the Engineering Fee paid on the Estimated Construction Cost
Summary and the Actual Servicing Cost.
5. LANDS AND EASEMENTS PROVIDED BY SUBDIVIDER
5.1. DEDICATION OF FUTURE STREETS
All road allowances within the Lands, including any and all road widenings, shall be dedicated to the Municipality as public highways.
5.2. CONVEYANCES BY SUBDIVIDER
a) At the time of the registration of the Plan the Subdivider shall:
i. grant to the Municipality all easements and rights listed in the Schedule “C” attached to this Agreement for the respective purpose identified in said Schedule, including any open sides of road allowances created by the Draft Plan shall be terminated in 0.3 metre reserves to be conveyed to, and held
in trust by, the Municipality as applicable.
ii. provide the Municipality with such further and other lands, rights and easements as it may require for watermains, sanitary sewers, storm sewers, storm drainage and other utility, stormwater, planning or conservation purposes as described in Schedule “C” to this agreement;
iii. provide all utility companies with such rights and easements as each of them may reasonably require for hydro, telephone, television, cable, fibre optic and
natural gas utility purposes.
iv. ensure that all existing easements for storm sewers, sanitary sewers, water services, third party utility services and other service providers, pedestrian access, and any and all easements, rights of way, interests or encumbrances over the Lands already subsisting at the time of Plan registration are shown on the Plan.
v. To ensure that should any conflict arise with existing telecommunications
provider’s facilities where a current and valid easement exists within the subject area, the Subdivider shall be responsible for the relocation of any such facilities or easements at their own cost.
b) Any such transfer of land to the Municipality pursuant to the above subsection shall be in fee simple and for nominal consideration (e.g. $1.00), in a form satisfactory to the Municipality's solicitor and title to the lands shall be good and free from all liens
and encumbrances except as otherwise stated in this Agreement. The rights and
easements granted to the Municipality pursuant to the above shall be for nominal consideration (e.g. $1.00) and title to the lands over which the rights and easements are granted shall be good and free from prior liens and prior encumbrances except as otherwise stated in this Agreement. If required by the
provisions of the Act, the consent of the County Land Division Committee to such
conveyance of land, rights and easements referred to above shall be obtained by the Subdivider.
c) The Subdivider agrees to obtain a discharge of any lien and a postponement of any prior mortgage to the title, rights and easements granted to the Municipality pursuant to this Agreement.
d) Forthwith after the registration of every grant of title, rights or easements referred
to above, the Subdivider shall provide to the Municipality's solicitor a Certificate or
Opinion of Title of the lands in respect of which such title, rights or easements are granted, in a form satisfactory to the Municipality's solicitor. A solicitor authorized to practice law in the Province of Ontario shall give such Certificate or Opinion.
e) The Subdivider agrees to provide the Municipality within two (2) months after the
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registration of the Plan with a mylar copy of the reference plan designating the lands in respect of which such transfers and grants of rights and easements are given to the Municipality pursuant to this Agreement.
f) The lands to be transferred and the lands over which rights and easements are to
be given, pursuant to this Agreement shall, on the registration of the Plan and at the time of any such transfer, be in a clean and tidy condition, graded as required by the Grading Plan which is a Schedule to this Agreement, where applicable, and if necessary, stabilized against erosion, all to the satisfaction of the Municipality and/or the Municipality Engineer.
g) After such lands or such rights and easements are so transferred, the Subdivider
shall not use or permit the use of such lands for the storage of top soil or any excavated material or equipment or construction materials except with the written consent of the Municipality and in the event of default in this regard, the Municipality, after giving the Subdivider such written notice as the Municipality Engineer considers reasonable in the circumstances, may remove such soil, material or equipment
and the cost of such removal and clean up shall be paid by the Subdivider to the Municipality.
h) The Subdivider warrants that within any lands transferred to the Municipality by the Subdivider pursuant to this Agreement, and any lands over which any easement is granted to the Municipality, there is no substance or material that is prohibited, controlled or regulated by any governmental authority whether federal, provincial,
municipal or local including, without limitation, pollutants, contaminants, dangerous goods or substances, toxic or hazardous substances or materials, waste including without limitation, solid non-hazardous waste, PCBs, asbestos, petroleum and its derivatives, bi-products or other hydro carbons, all as defined in or pursuant to any laws, regulations, by-laws, guidelines, policies, approvals, certificates of approval,
permits or orders rendered by any governmental authority.
5.3 LEGAL OPINIONS REQUIRED
Not later than thirty (30) days after the final approval of the Plan by the County, the
Subdivider shall cause to be delivered to the Municipality an opinion by a solicitor
authorized to practice in Ontario, substantially in the form satisfactory to the solicitor
for the Municipality:
a) At the date of signing of this Agreement and at the date of the registration of this
Agreement upon title, the Subdivider is the owner in fee simple of the Land free of
all liens and encumbrances, save and except for any interest in the Land of an owner,
mortgagee, tenant, easement holder or other encumbrancer as described in
Schedule “A” attached to this Agreement;
b) This Agreement has been registered against the Land in a first priority position,
save and except for any interest in the Land described in Schedule “A” attached to
this Agreement, and that Notice of Postponement of Interest for each of those
interests described in Schedule “A” have been registered postponing such interest
to provide priority in favour of the Municipality for this Agreement;
c) The Plan is registered in the Land Titles Office for the Land Titles Division of Elgin
(No. 11);
d) The conveyance of real property to the Municipality as provided in section 5 of
this Agreement has been made to the Municipality in satisfaction of the provisions of
this Agreement, free and clear of all liens and encumbrances, save and except this
Agreement and any easements in favour of the Municipality, and with such
postponements of interest as are necessary to provide a free and clear interest.
The said opinion(s) shall be addressed to the Municipality in consideration of a fee of $1.00 payable to the Solicitor rendering the same.
6. GRADING OF LOTS AND STREETS
6.1. ADHERENCE TO GRADING PLANS
The Subdivider has prepared and submitted to the Municipality a grading plan for the Plan, which grading plan is attached hereto as part of Schedule D to this Agreement (the Grading Plan). The Subdivider warrants that the said grading plan
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has been prepared by the Consulting Engineer and that if the grades and elevations shown on such plan are established; the lots and blocks within the plan will be adequately drained within a reasonable time, all in accordance with good engineering
practice.
Prior to commencing the construction or installation of any of the services described in Section 3, the Subdivider shall rough grade all Lots and Blocks within the Plan, as depicted in the Grading Plan. Such rough grading shall be in conformity, plus or minus six (6) inches, with the elevations shown on such Grading Plan.
Where in the opinion of the Municipality Engineer, it is advisable to permit rough grading otherwise than in such conformity with the Grading Plan, the Municipality
Engineer may authorize in writing any variance subject to such terms and conditions as the Municipality Engineer may deem appropriate.
Upon completion of the construction of the curbs and gutters required under this Agreement, all of the streets created by registration of this Plan shall be re-graded to conform to the Grading Plan.
The Subdivider acknowledges that the Grading Plan has been reviewed by the Municipality Engineer but any approval noted thereon has been for the limited purpose
of submission for Ministry of Environment, Conservation and Parks approvals, at the time of this Agreement. It is understood and agreed that subsequent grading plans shall be filed with the Municipality by the Subdivider as construction progresses, including but not limited to a final grading plan to be filed prior to assumption of the Services by the Municipality. When a subsequent grading plan is filed with the Municipality it shall
replace and amend the Schedule.
6.2. LOT GRADING PLANS
Following construction of each dwelling on Lots within the Plan or by such earlier date as the Municipality Engineer may in writing name, the Subdivider shall grade the Lot on which the dwelling has been or is being constructed and those Lots immediately adjacent thereto so as to establish the grades and elevations shown on the Grading Plan. In addition, each Lot shall be graded so that the slope is uniform between
adjacent elevations on the Lot lines of such Lot as shown on the grading plan Schedule.
In the event of any dispute as to the grade or elevation to be established and maintained at any point within any lot where the grade or elevation is not shown on the grading plan, the written decision of the Municipality Engineer as to the grade or elevation shall be final and binding.
Upon the elevations and grades being established in accordance with this Agreement, the Subdivider shall thereafter maintain the same for so long as the Subdivider is the
registered owner of the Lot.
If, in the opinion of the Municipality Engineer, the Subdivider has at any time when the Subdivider is the registered owner of the Lands, or any part thereof, failed to establish or maintain such grade or elevation as required by this Agreement including the Grading Plan, the Municipality may, after giving such notice to the Subdivider as the Municipality Engineer considers appropriate in the circumstances, enter and re-
enter from time to time upon such lot, or any part thereof, with equipment, machinery,
sod and fill and do such work and remove anything from the lot as in the Municipality Engineer’s opinion may be necessary to remedy such default, and the costs thereof shall be paid by the Subdivider to the Municipality and if not so paid, shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of
eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing
of a statement to the Subdivider at his last known address.
Where the Subdivider has sold or transferred a lot within the Plan, or any part thereof, and in the opinion of the Municipality Engineer, any grade or elevation within the lot, or any part thereof, has not been established or has not been maintained as required by subsection 7.3 Lot Development Plan in this Agreement, the Municipality,
after giving such notice to the subsequent owner as the Municipality Engineer
considers appropriate in the circumstances, enter and re-enter from time to time upon such lot with such equipment, machinery, sod and fill as the Municipality Engineer may determine and do such work and remove anything from the lot as in the Municipality Engineer's opinion may be necessary to remedy such default and the cost thereof
shall be paid by the subsequent owner to the Municipality and if not so paid, shall
constitute a lien on the lot and interest shall be payable on the amount thereof at the
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rate of eighteen (18%) per cent per annum commencing fifteen (15) days after the mailing of a statement to the subsequent owner at his last known address.
6.3. GRADING CERTIFICATION
The Municipality will accept a certificate from an Ontario Land Surveyor, or a qualified Consulting Engineer certifying:
i. that the surveyor took elevations on one of more lots or blocks in the
subdivision (which lot(s) and/or block(s) is to be specified by number) on a stated date; and
ii. that on such date(s) the elevation and grades for such lot(s)/block(s) were in accordance with the requirements of this Agreement;
as conclusive evidence that as of such date such elevations and grades complied with this Agreement.
7. LOT DEVELOPMENT
7.1. ZONING BY-LAW
The Subdivider acknowledges that there may be lands within the Plan subject to the provisions of a Holding (H2) Zone pursuant to Municipality of Bayham Zoning By-
Law, as amended. The requirements of said Zoning By-law and any other requirements as may be set out in an amendment to said Zoning By-law shall be complied with to the satisfaction of the Municipality prior to the removal of the holding symbol. The Holding Zone designation shall be removed from the lands pursuant to the requirements of the Planning Act prior to the issuance of any building permits
for lots within the Plan.
The Subdivider acknowledges that prior to final approval shall provide to the satisfaction of the Municipality prepared by an Ontario Land Surveyor a certificate that demonstrates the Final Plan for all lots and blocks comply with the use and regulation of the approved Zoning By-law in effect.
7.2. BUILDING PERMITS
a) The Subdivider acknowledges that the Municipal Chief Building Official shall have the power to refuse to grant building permits with respect to any or all
the lots shown on the Plan of Subdivision, at any time when the Subdivider is in default under this Agreement. b) The Lot Owner agrees to submit to the Municipality with every application for a building permit, a Plot Plan prepared by a Consulting Engineer or an Ontario
Land Surveyor or a qualified Planner, which is approved by the Subdivider's Consulting Engineer, indicating the location of the proposed building and driveway on the site and indicating that the proposed building and lot, as finally constructed and graded will comply with said Grading Control Plan as identified in Schedule "D" to this Agreement. The said Plot Plan will also
indicate the elevation of the top of the foundation wall of the proposed
building, which elevation will also conform to the said Grading Control Plan, and the location of infiltration galleries/conveyance pipe and retaining walls, if applicable. No building permits shall be issued until the Municipality has approved the Plot Plan.
c) That the cost of construction of driveway entrances for each lot shall be the responsibility of the Lot Owner, while driveway concrete aprons, sidewalk and boulevard trees are the responsibility of the Subdivider and shall be included in the security provided in the Subdivision Agreement. Each lot within the
Draft Plan is permitted only one access unless additional accesses in
permitted by the Municipality, and driveway locations for corner lots are to be located at the opposite side of the lots and away from the intersection and will require Municipal approval prior to the issuance of building permits.
d) That no construction of any building will proceed beyond the completion of
the foundation wall until the Subdivider has identified with a sign or paint markings on the foundation, the municipal address for the lot and has supplied the Municipality with a Certificate from a Consulting Engineer or an Ontario Land Surveyor or a qualified Planner, demonstrating that the elevation of the
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top of the foundation wall of the said building, as constructed, conforms within reasonable tolerance to the elevation shown on the said Plot Plan and meets lot, zoning and building compliances. The Subdivider agrees to provide to the
Municipality, said Certificate within Seven (7) days from the date that the foundation has been backfilled and graded. e) To complete the final grading for the residential Lot in the Draft Plan in accordance with the approved Plot Plan and Grading Control Plan and to
maintain the approved grading and drainage pattern and where applicable infiltration galleries/conveyance pipes and retaining walls for the life of the approved development on the residential lot in the Draft Plan, all to the satisfaction of the Municipality. The Subdivider or Lot Owner further agrees not to alter the approved grading and drainage pattern without prior written
permission from the Municipality. f) Once the final grading is completed for the lot, the Subdivider or Lot Owner shall submit to the Municipality, a Certificate, prepared by the qualified Consulting Engineer or an Ontario Land Surveyor or Planner who prepared
the original Plot Plan for the building permit which is approved by the Subdivider's Consulting Engineer and shall provide evidence that the final grading of the said lot conforms to the said Grading Control Plan and Plot Plan within reasonable tolerances as determined by the Municipality and that as so graded, the lot will provide for surface drainage in accordance with
proper engineering practices. Upon the Municipality confirming that the lot is in compliance with the Grading Control Plan/Plot Plan, as well as the applicable regulations in the Zoning By-law. g) That all primary drainage swales shall have topsoil and grass sod to the
satisfaction of the Municipality prior to the issuance of any building permit. Where the installation of sod is not possible due to winter weather conditions the Subdivider must install alternative erosion and sedimentation control features to the satisfaction of the Municipality prior to the issuance of any building permit. The installation of sod in the primary swales shall take place
at the earliest possible growing season all to the satisfaction of the Municipality and Planning Services. For the purpose of this Section, a primary drainage swale is part of the overall drainage system, is generally located on public lands or undeveloped future phases within the Draft Plan and accommodates the major overland storm water flow for each phase of the
development that is directed to an approved storm water management facility, as identified in the Engineering and Planning Drawings. h) That no building permit shall be applied for or issued for any lot(s) and no building construction shall be undertaken thereon, until the applicable phase
of the Draft Plan is registered and the Subdivider's Consulting Engineer for this Plan has provided in written confirmation to the Municipality that: i. the overall primary grading and drainage for the applicable phase has been completed; ii. the installation of the primary services within all the road allowances in
the applicable phase, which shall include water, sanitary and storm
services/facilities, sanitary pumping station (if applicable), the road up to base coat asphalt, concrete curb and gutter and retaining walls/safety guards, has been completed, or alternatively, in the event that the underground services (water, sanitary and storm services) and
sanitary pumping station (if applicable) are completed for all of the
roads in the applicable phase, but the gravel base, base coat asphalt, concrete curb and gutter and retaining walls/safety guards cannot be completed for certain road allowances in the applicable phase due to wintertime construction, as requested in writing by the Subdivider's
Consulting Engineer, then only those lot(s) that front on the applicable
roads where the primary services have been installed, are eligible for a building permit, subject to the following: i) that the said roads where primary services have been completed shall include water, sanitary and storm services, the
road up to base coat asphalt, concrete curb and gutter and
retaining wall/safety guard,
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ii) that a suitable vehicle access to a public road shall be provided and where required an emergency access is provided.
i) That no building permit for any lot(s) on the Plan shall be issued until such time as the Plan has been registered to create the lots and the matters contained in this Section have been complied with to the Municipality's satisfaction: i) Completion and connection of the trunk sanitary sewer and
appurtenances to the satisfaction of the Municipality; ii) Completion and connection of the trunk watermain and appurtenances (if required) to the satisfaction of the Municipality; iii) Completion and operation of the storm water management
facilities and outlet; iv) Payment of the applicable development charges, as per the Municipality’s respective approved By-laws v) Blocks and/or easement to be conveyed to the Municipality; vi) The installation of street signs;
vii) Satisfy any other special conditions outlined within this agreement.
7.3. LOT DEVELOPMENT PLANS
With every building permit application, the Subdivider will submit to the Municipality’s Building Department a lot development plan for the subject lot, prepared and certified by a member in good standing of the Professional Engineers of Ontario or by an Ontario Land Surveyor. The lot development plan for each Lot within the Plan shall show details of the proposed lot elevations and grades, basement and top of
foundation elevations, drainage and storm water management components, all of which shall conform to the Grading Plan and the Storm Water Management Plan. The lot development plan shall also show details of the location of all existing and proposed easements, all proposed building and structures, site services, driveway, existing trees and any other significant site features. The qualified professional
consultant who prepared and certified the Grading Plan shall approve each lot development plan.
Following the completion of the construction of all buildings and structures, site services, driveways and any other significant site features and completion of the fine grading on each Lot, the Lot shall be seeded or sodded and within the first sixty (60) days after the completion of the seeding or sodding, the Subdivider shall file with the
Municipality, a certificate signed by the Consulting Engineer, certifying that the lot has been developed in accordance with the Lot development plan. The Subdivider agrees that it will require the purchaser of any Lot within the Plan, as a condition of purchase and sale, to fulfill these requirements.
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7.4 MODEL HOMES The Owner may erect two (2) model homes during Phase 1 on the Lands on proposed
Lot #1 and Lot #2 approved by the Municipality subject to the following:
a) Payment of the building permit application fee and an infrastructure deposit to the Municipality for each model home building permit. The Municipality agrees to refund the infrastructure deposit to the Owner, without interest, upon the issuance of “As Constructed” drawings and a follow-up site inspection;
b) All financial and other matters are in good standing to date pursuant to the terms and requirements of this Agreement; c) The Owner agrees to submit to the Municipality’s Chief Building Official a lot
development plan and lot grading plan with other such drawings as the Municipality deems necessary for the development of the Model Home area for approval, which approval must be obtained prior to the commencement of any construction work hereunder and as a prerequisite to the issuance of the building permit with respect to the said Lot. Approval shall relate to the lot grading, drainage, and landscaping as
well as other matters which the Owner proposes to install, construct or erect on the said lot; d) The Owner and the Municipality agree that if Services Works have not been installed then additional connection security deposit as determined by the Municipality, will be
required at the time of building permit application. The Municipality agrees to refund the connection security deposit to the Owner without interest, upon receipt of written confirmation of connection to the newly installed services; e) Where a building permit has been issued to permit the construction of a model home,
an unobstructed emergency access route shall be maintained at all times with a minimum width of six (6) metres constructed of granulars and have sufficient compaction as to provide access for all emergency vehicles to the satisfaction of the Municipality and any Emergency Services;
f) Each model home shall comply with all provisions of the Municipality’s Zoning By-law and Ontario Land Surveyor shall provide the Municipality with a building location survey confirming the building location; g) The Owner covenants and agrees that no building or structure or erection built,
constructed or erected on any Lot as a model home shall be occupied, save and except that the building may be occupied for the sole purpose of an office to promote the sale of houses in the Plan of Subdivision as described in the Agreement. No occupancy of the model home shall be permitted until all of the other applicable provisions of this Agreement have been complied with.
7.5 OCCUPANCY OF UNITS
The Subdivider shall not occupy nor permit to be occupied, any dwelling unit on any
part of the Lands until: i. a building permit has been obtained and compliance has been made with the provisions of the Building Code Act, 1992. S.O. 1992, c.23 as amended and
the Building Code (Ontario Regulation 332/12);
ii. a sewer permit has been obtained and the sanitary sewer for the dwelling
connected to the municipal sanitary sewer and the storm sewer private drain connection for the dwelling has been connected to the municipal storm sewer, and;
iii. private water services to the unit have been installed to the satisfaction of the Municipality;
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iv. electrical and gas services have been installed within the Lands and or arrangements satisfactory to the Municipality Engineer have been made for the installation of such services to the dwelling; and,
v. communication and/or telecommunication services for emergency
management services (i.e. 911 Emergency Services) have been installed.
7.6 BUILDING COVENANT – NO DUPLICATION
The Subdivider agrees that no front exteriors of any dwelling unit shall be duplicated on any street within the Lands unless the duplicated exteriors are located on opposite sides of the street, or, if on the same side of the street unless they are separated by at least four (4) Lots.
8 NOTICES AND FURTHER REQUIREMENTS
8.5 STREET PARKING RESTRICTIONS
The Subdivider acknowledges that parking of motor vehicles on Municipality Streets shall only be permitted in accordance with the Municipality of Bayham criteria for
parking restrictions. The Subdivider agrees:
i. to provide notice of the parking restrictions to the first purchaser of each Lot within the Plan and, no later than the issuance of the first building permit within the Plan;
ii. to provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify the parking restrictions.
8.6 COMMUNITY MAILBOXES – CANADA POST
The Subdivider acknowledges that Canada Post will provide mail delivery service to the
subdivision through centralized Community Mail Boxes (CMB) and agrees to:
a) The Owner shall consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes and these will then be indicated on the
appropriate servicing plans.
b) The Owner shall, prior to offering any units for sale/rent, to display a map on the wall of the sales office in a place readily accessible to potential owners/renters that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post.
c) The Owner shall include, in all offers of purchase/rental, a statement which advises the purchaser/renter that mail will be delivered via Community Mailbox and also notes the locations of all Community Mail Boxes within the development, and to notify affected owners/renters of any established
easements granted to Canada Post to permit access to the Community Mail Box.
d) The Owner shall provide a suitable and safe temporary site for a Community Mailbox until curbs, sidewalks and final grading are completed at the permanent Community Mailbox locations. Canada Post will provide mail delivery to new
residents/tenants as soon as the homes/businesses are occupied.
e) The Owner shall provide the following for each Community Mailbox site including these requirements on the appropriate servicing plans:
a. Any required walkway across the boulevard, per municipal standards;
b. Any required curb depressions for wheelchair access, with an opening of at least two to three metres (consult Canada Post for detailed specifications); and c. A Community Mailbox concrete base pad per Canada Post specifications.
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8.7 FUTURE SIDEWALK CONNECTIVITY
The Subdivider acknowledges the Municipality’s policies and objectives to promote complete streets, a walkable community, cycling and other active transportation initiatives supporting healthy lifestyle activities and agrees to promote the use of the Municipality’s Parks through community design that includes connectivity and continuity of sidewalks installed within the Plan as well as other links to support access
to parks, other neighbourhoods, schools and commercial and employment areas. The Owner agrees to establish sidewalks and streetlights in the subdivision at no cost to the Municipality of Bayham to the satisfaction of the Municipality of Bayham Design and construction Standards including a sidewalk along Plank Road providing
connection to the existing sidewalk along east side Plank Road (County Road 19) to the satisfaction of the County of Elgin. The Subdivider shall provide evidence to the Municipality that all marketing materials and plans prepared and used to advertise the sale of lots within the Plan clearly identify
the active transportation opportunities by identifying the location of sidewalks to be installed within the Plan. 8.8 SCHOOL ASSIGNMENT – THAMES VALLEY DISTRICT SCHOOL BOARD (TVDSB) OR LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB)
The Thames Valley District School Board and London District Catholic School Board
advises that new homeowners should, at the time of purchase, verify the school designation for students with the applicable Board by using the School Locator on the TVDSB website or LDCSB or by calling the applicable Board Office.
Furthermore it is recommended that the Subdivider shall recommend to all purchasers of Lots within the Plan that each Purchaser confirm school designations with either Board at the time of purchase and will further advise that additional information is
available through the Board web sites.
8.9 ARCHAELOGICAL ASSESSMENT
An Archaeological Assessment of the Lands was conducted by Thomas G. Arnold & Associates, London Ontario. Their report entitled, “Stage 1 and Stage 2 Archaeological Assessment of 4.5 HA, Part of Lot 11, Registered Plan 258, Formerly Part of Lot 22 and Lot 23, Concession 8, Bayham Township, Elgin County” dated February 6, 2024 filed with Ministry of Citizenship and Multiculturalism (MCM) Toronto Office February 14,
2024, MCM Project Information Form Number P006-0097-2021, MCM File Number 0013944 recommended: “Since the five artifacts recovered from Location 1 do not meet the minimum MHSTCI requirements for a Stage 3 archaeological assessment, the subject property no longer has any cultural heritage value or archaeological potential and no further assessment is recommended.”
The MCM in a letter dated March 8, 2024 acknowledges the report, which was submitted as a condition of licensing in accordance with Part VI of the Ontario Heritage
Act, R.S.O. 1990, c 0.18, was entered into the Ontario Public Register of Archaeological Reports without technical review.
The Subdivider is advised that in the event that deeply buried archaeological remains
should be discovered during construction, it is recommended that archaeological staff
of the Ontario Ministry of Tourism, Culture and Sport be notified immediately.
Similarly, in the event that human remains should be encountered during construction, the Funeral, Burial and Cremation Services Act, 2002, S.O.2002.c33 (FBCSA) requires
that any person discovering human remains must notify the appropriate municipal
police, the local coroner, and the Bereavement Authority of Ontario.
8.6 GROUNDWATER/SOILS TESTING
The Subdivider acknowledges that the Municipality’s review of the Plan was limited to land use planning and public engineering concerns and did not include
groundwater, soil or soil atmosphere testing. The Municipality makes no warranty as
to the environmental condition of the groundwater, lands or atmosphere comprising the Lands and the Subdivider explicitly acknowledges that it has not received nor is
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relying on any such warranty by the Municipality. If the Subdivider considers it prudent in the circumstances, before proceeding with this Plan of Subdivision, it shall retain such consultants and conduct such investigations as it considers advisable at its sole
risk and expense.
The Ministry of Environment, Conservation and Parks must be notified immediately should waste materials and/or other contaminants be discovered, and in the event waste materials and/or other contaminants are discovered, a further approval under Section 46 of the Environmental Protection Act may be required from the Ministry of
Environment, Conservation and Parks.
9 SPECIAL PROVISIONS
9.1 STREET NAMES
The streets included in the draft plan of subdivision shall be named, to the satisfaction of the Municipality of Bayham, being: Street A – BRUCE STREET
Street B – BAILEY COURT
9.2 MULTI-WELL PUMPING TEST That the Owner shall provide a Servicing Report for a multi-well simultaneous
pumping test utilizing a minimum of three wells, drilled on adjacent lots during Phase 1 of the development, and that it be conducted to empirically verify the calculations and conclusions provided in the amended Hydrogeologic Evaluation (Prepared by Ian D. Wilson Associates Ltd. and dated March 26, 2021 and amended (second amendment) on August 3, 2022 and to evaluate
cumulative drawdown impacts simulating well usage by multiple properties at the same time and to confirm that the proposed density is acceptable to the satisfaction of the Municipality in accordance with Condition 5 of Draft Plan of Approval Notice of Decision dated February 14, 2023.
9.3 DESKTOP REVIEW SUSTAINABLE YIELD OF GROUNDWATER The Owner has provided confirmation through a Desktop Review of Community-Wide Groundwater Sustainability, Community of Eden, Municipality of Bayham as prepared by Ian D. Wilson Associates Limited dated July 27,
2023 regarding the potential for the subject property development along with existing and/or known proposed future development projects within the hamlet of Eden to result in long-term impacts to the sustainable yield of groundwater from the overburden aquifer or to significantly decrease base flow to any sensitive water courses as described in Section 4.3.3 of MECP Procedure D-5-
5 to the satisfaction of the Municipality.
9.4 RE-SAMPLING OF TEST WELL 3 The Owner has provided confirmation through a Re-Sampling of Test Well 3
(11368 Plank Road) Report prepared by Ian D. Wilson Associates Limited
dated July 20, 2023 regarding the need for re-sampling of Test Well 3 after disinfection by chlorination and subsequent performance of additional pumping to cycle sufficient water to flush any residual chlorine and stagnant water from the well bore, sand pack, and aquifer to assess whether the presence of Total
Coliforms and/or background coliforms is persistent to the satisfaction of the
Municipality. 10 CONSTRUCTION AND APPLICABLE STANDARDS
10.1. CONSTRUCTION CONTRACT(S) APPROVAL
The Subdivider shall install or construct, or cause to be installed or constructed, the
Underground and Above Ground Services in accordance with contract documents
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approved by the Consulting Engineer who shall ensure that such pertinent plans and specifications, are included in the tender and contract documents and such other documents as may be required by the Municipality and/or the Municipality Engineer.
The contract documents shall at the discretion of the Consulting Engineer and/or upon any request for same by the Municipality and/or the Municipality Engineer be filed with the Municipality prior to the commencement of the construction or installation of any of the services to which they relate.
10.2. INSPECTION AND ENTRY
The construction and installations by the approved contractor(s) shall be performed under the supervision of the Consulting Engineer with additional inspections to be
made, at the Municipality’s discretion, by the Municipality and/or the Municipality Engineer.
The Municipality, by its employees or by agents and consultants, if any, retained by the Municipality, may enter the Subdivider’s lands at all reasonable times and for all reasonable purposes including for all inspections that may be deemed by the Municipality to be necessary or advisable, without prior notice to the Subdivider.
10.3. USE OF PUBLIC HIGHWAYS
The Subdivider will not do any work on, under or over or use any public highway
abutting the Lands in connection with the performance of this Agreement, except with the express written approval of the Municipality. Where any such work is approved, it shall be commenced and completed within such time or times as are fixed by the Municipality and/or the Municipality Engineer and to the Municipality’s satisfaction.
The Subdivider further agrees to provide such barriers and signs and take other steps
as may be required by the Municipality to avoid injury or risk of injury to any person using such highway.
10.4. LIENS
The Subdivider shall comply with all provisions of the Construction Act, R.S.O. 1990, c. C.30 (hereinafter the “Construction Act”), as amended from time to time, and without limiting the generality of the foregoing, shall hold in its possession all statutory holdbacks and any additional funds required to be held by the Construction Act. These
holdbacks and funds shall not be disbursed except in accordance with the Construction Act. The Subdivider shall at the Subdivider’s expense, within thirty (30) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought, or registered under the Construction Act, which may
affect the Lands and any other lands, including public highways, road allowances and other lands, and which arise out of performance of the terms of this Agreement by the Subdivider. The Owner shall indemnify and hold harmless the municipality from all losses, damages, expenses, actions, causes of actions, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of failure,
neglect, or refusal by the Owner to comply with the Construction Act, or by reason of
any action brought against the municipality under the Construction Act, and arising out of the performance of this Agreement by the Owner. The Municipality may, at any time, after the expiry of the thirty (30) day period of written notice referred to above, authorize the use of all or any part of the performance security or deposits required
under this Agreement, (a) to pay, discharge, vacate, and obtain and register a release
of all charges, claims, liens, and all preserved or perfected liens, made, brought, or registered under the Construction Act, which may affect any lands subject to this Agreement, including public highways, road allowances and other lands; and, (b) to pay the Municipality any amounts owing to the Municipality under this Section. The
Subdivider acknowledges that the Municipality shall not be required to reduce or
release any security or deposit until the Municipality is satisfied that all of the provisions of this Section have been complied with.
Where this Agreement requires that proof of no liens filed must be provided, the requirement may be fulfilled by certification in writing from the Subdivider’s solicitor or
the Consulting Engineer stating that: (a) All contractors for the Works for which a
reduction or release is sought have been paid in full; (b) That the applicable lien periods have been completed; and, (c) That no liens have been brought or registered. The certification shall also explicitly acknowledge that the Municipality is entitled to
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rely on the certification and that the author fully indemnifies the Municipality of any subsequent claim, actions, or costs arising from such reliance and shall ensure that any subsequent claim or action is discharged to the satisfaction of the Municipality at
no cost to the Municipality.
10.5. STANDARDS APPLICABLE TO SERVICE INSTALLATIONS
a) ROAD DESIGN AND CLASS OF ROADS
i. All streets shall be constructed to the Municipality’s local road classification as set out in the Municipality of Bayham Design Construction Standards 2018 in accordance with the approved Engineering Drawings in one phase development as listed in attached Schedule “D” to this agreement.
ii. All road designs within the Lands are to conform to the most current version
of the Municipality of Bayham Design Construction Standards 2018 at the time of development.
iii. The timing of the construction of related future roads to ensure connectivity for active transportation is to be clearly defined as context for the streets within the Lands.
b) SOIL CERTIFICATES – ROADS AND UNDERGROUND SERVICES
The Subdivider agrees to hire a qualified geotechnical consultant in good standing with the Professional Engineers Association of Ontario with experience
in road works satisfactory to the Municipality Engineer to check the construction procedures, quality of materials and workmanship used and to provide a written certificate that the design standards approved by the Consulting Engineer and the Municipality Engineer for the road works required under this Agreement have been achieved. All testing shall be carried out to the satisfaction of the
Municipality Engineer. The Subdivider shall perform periodic inspections and such further assessments and inspections as appropriate or as the Municipality Engineer requires. All works shall be in accordance with the Geotechnical Engineering Report, Eden East Subdivision, Eden, Ontario 04-02112424.000.0100-0101-GS-R-0001-00 dated May 24, 2022 prepared by
Englobe Corp.
The Subdivider agrees that prior to commencing any sewer construction, it will hold a meeting with representatives of its contractor and its soil consultant and shall establish, and have approved by the Municipality Engineer, the means of compacting trench backfill material. The Subdivider is to have its soil consultant and the Consulting Engineer on site when the installation of sewers is started.
The approved method or methods of compacting the sewer trench backfill material shall be tested by the soils consultant to ensure that the method or methods to be used meets the road design criteria. Not more than one hundred fifty (150) metres of sewer shall be laid, unless approved otherwise by the Consulting Engineer until the soil consultant has approved the compaction
method or methods.
The soils consultant shall supply to the contractor, the Consulting Engineer and
the Municipality Engineer, in writing, descriptions of the approved compaction method or methods and their test results within two (2) days after the initial testing. A written certificate by the Subdivider’s qualified soil consultant is to be supplied to the Municipality Engineer prior to a request by the Subdivider for the
assumption of any road(s) within the Lands and is to cover all roads contained in
the request for assumption.
c) TREE PLANTING
The Owner or Subdivider shall plant one tree per lot in the front yard and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a
minimum of 1 metre (3.3 feet) behind the front property line and located so as not
to interfere with services and utilities at any time.
d) TURN AROUND DESIGN
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The Subdivider shall ensure the design of turn arounds within the Lands, is consistent with design drawings approved by the Municipality.
e) SANITARY SEWER SYSTEM
i. SEPARATION
Every sanitary sewage system installed or constructed on the Lands shall be separate and distinct from every storm sewage system on such lands and
within such building or buildings and shall be connected only to the Municipality's sanitary sewage system. Every storm sewage system installed or constructed on the Lands shall be separate and distinct from every sanitary sewage system on such lands and shall be connected only to the Municipality's storm sewage system.
ii. INSPECTION RECORD
The Certificate of Substantial Completion is to be issued and again prior to
the Certificate of Assumption of Services by the Municipality, including the sanitary sewer system described in the Engineering Drawings which is a Schedule to this Agreement, the Subdivider agrees to inspect all such sewers within the Lands by a televised inspection method, or an equivalent method satisfactory to the Municipality Engineer, and to provide the Municipality with
an inspection record satisfactory to the Municipality Engineer in the form of a copy of the video tape, digital record or other production generated by each such sanitary sewer inspection.
11. FURTHER COVENANTS
The Parties further covenant as follows:
11.1. DEFAULT
a) If the Subdivider fails:
i. to commence or complete the installation or construction of any of the Services required in accordance with the plans which are Schedules to this Agreement, within the times specified in this Agreement; or,
If, in the Municipality Engineer’s opinion, the Subdivider:
ii. fails to install or construct such Services in accordance with the plans
attached as Schedules to this Agreement; or,
iii. after commencing the installation or construction of any such Services, fails to pursue such installation or construction within agreed upon time or in order that the works may be completed within the time provided in this Agreement; or
iv. is improperly performing or carelessly executing work involved in the installation or construction of any such Service; or
v. has neglected or unreasonably delayed installation or construction or
reconstruction or repair or replacement of such Services; or
vi. has neglected or refused to reconstruct or perform remediation of such
Services as may be rejected by the Municipality Engineer as defective or unsuitable;
and any such default continues for ten (10) days or for another a period stated by the Municipality in the notice, after notice of the default from the Municipality Engineer has been given to the Subdivider, then the Municipality, in addition to
any other remedy the Municipality may have, may take such steps as it deems
necessary to remedy the said default.
b) In case of emergency circumstances, as determined in the discretion of the Municipality Engineer, where remedial measures, repairs or replacements are necessary, in the Municipality Engineer’s opinion, to alleviate any default (referred to above) by the Subdivider such work may be done by the Municipality
without advance notice to the Subdivider.
11.2. REPAIR OF SERVICES
30
a) If at any time prior to Assumption of the Services, any of the Services do not function or do not function properly, the Municipality shall, subject to 11.2 b) below, give notice of such malfunction to the Subdivider and if such malfunction
is not remedied within ten (10) days of the mailing of such, or a longer period if stated in the notice, then the Municipality may make whatever repairs or replacements it deems necessary.
b) That if at any time prior to the Assumption of the Services, any of the Services do not function or do not function properly and in the opinion of the Municipality Engineer repairs or replacements are immediately necessary to prevent damage
or hardship to persons or property, the Municipality may proceed forthwith to make whatever repairs or replacements it deems necessary and the cost, with or without notice.
11.3. MUNICIPALITY PERFORMING WORKS
a) Where in the opinion of the Municipality Engineer, it is necessary or advisable to perform remedial work or to construct or install or complete the whole or any part of any of the Services, such Service or Services may be installed, constructed or
completed in whole or in part by the Municipality and the cost of remedying any default or of constructing, installing or completing the whole or any part of any of the services, together with an engineering and administration fee of five percent (5%) of the cost as certified by the Municipality Engineer shall be paid by the Subdivider to the Municipality.
b) The Subdivider and the Municipality agree that where the Municipality
installs, constructs, repairs or maintains any of the Services prior to the Services being Assumed by the Municipality as provide by the terms of this Agreement, such installation, construction, repair or maintenance shall be done as agent for the Subdivider and shall not constitute an Assumption of the Service or Services by the Municipality.
c) The Subdivider will repair, at the Subdivider’s expense, in a good and
workmanlike manner, to the satisfaction of the Municipality and/or the Municipality Engineer and within such time as the Municipality and/or the Municipality Engineer may provide, any damage to any of the Services and damage to any other municipal service where such damage has resulted from the installation or construction of any Services or from the construction of
any building or structure on Lands or from the performance of any other work on the Lands, or from the performance of any work within the public highways abutting the Lands or the performance of any other work arising from the terms of this Agreement.
11.4. MAINTENANCE OF SERVICES
a) For the purposes of this section “maintenance” includes grading, dust- laying or snow ploughing of any road, removal of mud and/or debris from internal or
abutting streets, cleaning of sewers, flushing of watermains, flushing and
cleaning of storm water management facilities and replacement of street lighting bulbs and such repairs of other works as the Municipality and/or the Municipality Engineer may from time to time designate.
b) The Municipality may elect to provide maintenance from time to time for any or all of the Services constructed or installed by the Subdivider. The
maintenance shall be allocated as follows:
i. the Subdivider shall pay to the Municipality the costs of all
such maintenance performed by the Municipality prior to the Certificate of Substantial Completion under Section 12,
ii. the Municipality shall be responsible for the costs of all such maintenance performed by the Municipality after the Certificate of Substantial Completion has been issued, until
the services have been Assumed by the Municipality and
thereafter.
c) If prior to the Certificate of Substantial Completion, in the opinion of the Municipality, snow ploughing is required or where, in respect to any other maintenance, in the Municipality and/or the Municipality Engineer’s opinion an emergency exists, the Municipality may, without notice to the Subdivider,
31
provide snow ploughing or whatever maintenance is in the Municipality and/or the Municipality Engineer’s opinion necessary to meet such emergency in respect to any or all of the Services constructed or installed by the Subdivider.
d) Where no emergency exists relating to the required maintenance work and
the work is to be performed by the Municipality prior to the Certificate of Substantial Completion at the cost of the Subdivider, the Municipality shall make reasonable efforts to inform the Subdivider of the maintenance required using one or more of the following methods and the contact information provided according to this Agreement:
i. conversation in person or by telephone with the Subdivider or
consulting Engineer;
ii. telephone message left for the Subdivider;
iii. e-mail using current Subdivider email.
If the Subdivider declines to perform the maintenance works or fails to undertake the maintenance work within 8 hours following the forwarding of information described above, or if the Subdivider fails to proceed expeditiously with the completion of such work after commencing same the Municipality will proceed to do the subject maintenance work.
11.5. ALLOCATION OF SEWAGE CAPACITY
a) The Subdivider agrees with the Municipality that the registration of this
Plan does not constitute an allocation by the Municipality of any sewage capacity in the Municipality's sewage treatment systems beyond development of the residential Lots in a two-phase development as shown on the Plan.
b) The Subdivider agrees that upon the completion of each phase of the plan of subdivision, the Owner shall report and confirm to the municipality the
remaining capacity of the sanitary sewer system in Eden, to the satisfaction of the Municipality.
11.6. VEHICLE CLEANING OBLIGATIONS
The Subdivider shall provide vehicle-cleaning facilities for vehicles operating within and leaving the subdivision so that debris and/or mud from the Lands will not be deposited onto any street within or beyond the Lands.
Where debris and/or mud from such lands is deposited on any street within or beyond the Lands, the Subdivider shall promptly remove such debris and/or
mud to the satisfaction of the Municipality and if, in the opinion of the Municipality, the Subdivider has failed to do so promptly or to do so to its satisfaction, then the Municipality may undertake such removal and the associated cost shall be paid by the Subdivider. In the event of any dispute as to the origin of any debris and/or mud on any street within or beyond the Lands, the decision of the
Municipality shall be final and binding.
If requested by the Municipality, the Subdivider agrees to construct a properly
drained and gravelled wash area(s) within the Lands to prevent the tracking of debris and/or mud onto Municipality streets.
12. MAINTENANCE SECURITIES, SUBSTANTIAL COMPLETION AND ASSUMPTION
12.1. MAINTENANCE SECURITIES
a) Prior to the issuance of any Certificate of Substantive Completion and for the duration of the Maintenance Period the Owner shall provide and maintain security in the form of cash or a letter of credit in the amount equal to ten percent (10%)
of the total estimated cost of the Underground Works and twenty-five percent
(25%) for the Surface Works, including all labour and materials as described in Schedule “E1”
b) Prior to the issuance of the Certificate of Substantive Completion and for the duration of the Maintenance Period for the storm water management facility the Owner shall provide and maintain security in the form of cash or a letter of credit
in the amount equal to the total estimated cost to undertake final cleaning and
dredging of the storm water management facility including all labour and
32
materials for inspection(s) and ECA record keeping requirements.
c) Towards the end of the respective Maintenance Period(s), the Owner shall make a written request to the Municipality for a final inspection to be made. Upon inspection by the municipality, or any other agency, and at its sole discretion, the
Municipality shall determine whether the Services and Works are acceptable and whether a Certificate of Assumption can be issued. The respective Maintenance Period(s) shall be automatically extended without change to this Agreement where the Municipality believes the Services or Works are not complete and the said Maintenance Period(s) shall continue to be in effect, and the maintenance
security retained, until a Certificate of Assumption is issued.
12.2. CERTIFICATE OF SUBSTANTIAL COMPLETION
a) After the Subdivider has completed all of the Services shown in the Engineering Drawings which are Schedules to this Agreement, the Subdivider shall apply to
the Municipality for a Certificate of Substantial Completion. The Subdivider’s
application shall be accompanied by:
i. the Consulting Engineer’s detailed report on the completed works and Services in a form satisfactory to the Municipality and/or the Municipality Engineer,
ii. a final grading plan for all lands comprising the streets and Lots within the Plan with compliance certified by the Consulting Engineer or Ontario Land
Surveyor,
iii. as-constructed drawings of all Services and such other documentation as
the Municipality Engineer may require verifying conformity to the approved Engineering Drawings which are Schedules to this Agreement, and applicable standards of the Municipality, and
iv. the video sewer inspection records referred to this Agreement.
b) The Municipality may conduct such inspection or further investigations of the installed services and works as the Municipality may deem appropriate.
c) Prior to final approval, in accordance with the Notice of Decision of the County of
Elgin dated February 14, 2023, File No. 34T-BY2201; the County of Elgin is to be
advised in writing:
- by the Municipality, how conditions 1-19 have been satisfied;
- by the Conservation Authority, how conditions 13 a), b), and c) have been
satisfied;
- by Bell Canada, how conditions 20 & 21 have been satisfied;
- by Enbridge, how condition 9 has been satisfied;
- by Canada Post, how conditions 22-26 have been satisfied.
d) upon the Municipality determining that all the Services shown on the plans
which are Schedules to this Agreement have, to the satisfaction of the Municipality Engineer, been substantially completed, the Municipality shall provide the Subdivider with a Certificate of Substantial Completion evidencing the satisfactory substantial construction of such Services whereupon the
ownership of such Services shall vest in the Municipality.
12.3. WARRANTY PERIOD
Notwithstanding such vesting of ownership, and the performance of maintenance by
the Municipality, all of the municipal Services shall continue to be fully repaired, replaced and reconstructed, as needed, by the Subdivider for a further two-year warranty period, commencing on the date on which the Municipality issues the Certificate of Substantial Completion. The Municipality shall not be deemed to have
assumed responsibility for such repair, reconstruction and replacement; nor shall it
be presumed or deemed that the Services comply with all specifications and standards required under this Agreement.
12.4. CERTIFICATE OF ASSUMPTION
33
At the end of the first two years after the date of issuance of the Certificate of Substantial Completion by the Municipality, the said Services shall be eligible for a Certificate of Assumption provided that the Subdivider is not in default in respect to
any aspect of the condition deficiency or compliance of any of the Services, as determined by the Municipality following an inspection of Services by the Municipality and/or the Municipality Engineer and the Municipality Engineer’s review of such reports as the Municipality Engineer may require from the Consulting Engineer or other qualified persons. Such inspection and review shall be performed by the
Municipality Engineer in response to a request from the Subdivider or, in the absence of a timely request, at the initiative of the Municipality Engineer.
The following requirements shall be met prior to a Certificate of Assumption being issued by the Municipality:
a) The Subdivider shall have repaired or otherwise rectified any deficiencies noted by the Municipality Engineer, to the satisfaction of the Municipality Engineer;
b) The Subdivider shall file with the Municipality a certificate from an Ontario
Land Surveyor certifying that such bars and monuments within the Lands as are designated by the Municipality Engineer are located in accordance with the Plan;
c) The Subdivider shall file with the Municipality a final set of “as constructed” drawings, certified by the Consulting Engineer and including the Services including any Services described as temporary in this Agreement, which
then remain in use. The drawings shall be prepared to the current standards of the Municipality and to satisfaction of the Municipality Engineer; and,
d) The Subdivider shall provide sufficient proof, as required hereunder and to the satisfaction of the Municipality’s Treasurer, that no liens have been brought or registered.
Upon the Municipality issuing the Certificate of Assumption the Municipality shall, if there is then no default by the Subdivider, report to the elected Council of the
Municipality, recommending that the Council pass a by-law to assume all of the Services in accordance with the Certificate of Assumption.
After passage of such by-law the Municipality shall be responsible for the repair and maintenance of all municipal services and works constructed and installed under this Agreement, subject only to any exception set out in this Agreement or in other written agreement(s) between the Parties.
12.5. NO WINTER INSPECTION
A request for a Certificate of Substantial Completion or for a Certificate of
Assumption shall not be made between November 15th of any year and April 1st of the year following, and the Subdivider acknowledges that neither of these certificates will be issued in any such period.
13. GENERAL PROVISIONS
13.1. TIME IS OF THE ESSENCE
Time shall be of the essence in this Agreement.
13.2. NOTIFICATION
If any notice is required to be given to the Subdivider by the Municipality or the Municipality Engineer with respect to any matter relating to this Agreement, such notice, if sent by prepaid registered mail or delivered, shall be addressed or
delivered to the address below or may be emailed to:
11:28 PROPERTIES INC. Gregory Mitchell – President
441 Jackson Side Road Courtland, ON, N0J 1E0 Telephone: 519-983-6908 Email: gmitchell@yourlocalteams.com
34
or to such other address as is given by registered mail to the Municipality and any such notice mailed, delivered or emailed as provided above shall be deemed good and sufficient notice under the terms of this Agreement.
13.3. PRIORITY OF MUNICIPALITY ACTIONS
Where in this Agreement, the Municipality is authorized to do any act, whether or
not there is any default on the part of the Subdivider, the Subdivider shall not in any way interfere with any act done by the Municipality and the Subdivider shall not permit its agents, servants, officers and contractors to interfere in any way. On notice from the Municipality, the Subdivider shall terminate any work which it may be doing or cause its agents, servants, officers and contractors to terminate any
work which they may be doing which interferes with the Municipality carrying out or proceeding on anything authorized to be done by the Municipality
13.4. DELEGATION OF MUNICIPALITY RESPONSIBILITES
Where in this Agreement provision is made for anything to be done by the Municipality or by the Manager of Public Works, it may also be done together with or by a person or persons or corporation designated by the Municipality or designated by the Manager of Public Works, as the case may be.
13.5. ASSIGNMENT OF OBLIGATION
No right or obligation under this Agreement shall be assigned by the Subdivider in
whole or in part without the written consent of the Municipality, but such consent shall not be unreasonably withheld.
13.6. ESTOPPEL
The Parties acknowledge the consensual nature of this Agreement and the reliance of both Parties on the incontestability of the terms and conditions of this Agreement. Neither party shall call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the
Municipality to enter into this Agreement or to enforce each and every covenant and condition contained herein. This Agreement may be pleaded as an estoppel against any other party in such proceedings.
13.7. ENTIRETY
This Agreement and all attached schedules constitute the entire agreement between the Parties to this Agreement pertaining to the subject matter hereof and supersede
all prior and contemporaneous agreements, understandings, negotiations and
discussions, whether oral or written, of the Parties. There are no warranties, representations or other agreements between the Parties in connection with the subject matter of this Agreement save and except as specifically set forth herein.
13.8. SUCCESSOR OBLIGATIONS AND BENEFIT
The Subdivider agrees that the Municipality may enforce the provisions of this Agreement against the Subdivider and, subject to the Land Titles Act R.S.O. 1990,
c L.5, against any and all subsequent owners of the lands described in Schedule “A” and any part thereof. This Agreement shall in effect run with the lands within the Lands.
13.9. SUCCESSION
This Agreement and the covenants, provisions, conditions and schedules herein contained shall enure to the benefit of, and be binding upon the respective
successors, trustees or assigns of each of the Parties hereto.
35
IN WITHESS WHEREOF the Parties hereto have executed this Agreement. The date on which this Agreement is executed by the last of the Parties to sign, is the date of Agreement, to be inserted at the head of this Agreement
Executed this day of ____________ 2024. ) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
)
) ______________________________
) Ed Ketchabaw, Mayor
)
) ______________________________
) Thomas Thayer, Chief Administrative Officer
) I/We have authority to bind the Corporation
)
Executed this day of __________ 2024. ) 11:28 PROPERTIES INC.
)
) ______________________________
) Greg Mitchell, President
) ) I have authority to bind the Corporation
36
SCHEDULE “A”
SUBDIVISION AGREEMENT dated the day of 2024.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter called the “Municipality”
and one of the parties)
- and -
11:28 PROPERTIES INC. a corporation incorporated under the laws of the Province
of Ontario and having its registered office in the County of Norfolk
(hereinafter called the “Subdivider” and one of the parties)
LEGAL DESCRIPTION
PART LOT 11, PLAN 258 AND PART OF NORTH 1/2 LOT 22 CONCESSION 8; BAYHAM, DESIGNATED AS PART 1 ON 11R11147; MUNICIPALITY OF BAYHAM
PIN 35342-0329 (LT)
ENCUMBRANCES
1. None
WSANSANSANSANSANSANSANSANSANSANSANSAN∅∅∅∅∅∅∅∅∅∅∅∅∅∅∅∅STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTPHASE 2PHASE 1Cyril J. Demeyere LimitedP.O. Box 460, 261 BroadwayTillsonburg, Ontario. N4G 4H8Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comSANSTSANSTSTREET 'B'STREET 'A'COUNTY ROAD
19FORMER CANADIAN PACIFIC RAILWAY R.O.W.I:\ACAD Projects\2018\18015\04-Layouts\18015_Preliminary Servicing Plan.dwg, 2023-12-04 3:01:08 PM, DWG To PDF.pc3 Schedule 'B1'
Schedule 'B2'
40
SCHEDULE “C”
SUBDIVISION AGREEMENT dated the day of , 2024.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter called the “Municipality”
and one of the parties)
-and -
11:28 PROPERTIES INC. a corporation incorporated under the laws of the Province
of Ontario and having its registered office in the County of Norfolk
(hereinafter called the “Subdivider” and one of the parties)
BLOCKS AND EASEMENTS TO BE TRANSFERRED BY SUBDIVIDER
1. Easements for Municipal Services and Drainage Purposes
The Owner shall grant at its expense and in favour of the Municipality the following easements for municipal services:
Being Parts 1 through 13 of Draft Reference Plan, Project 12-19008E by Kim Husted Surveying Limited.
2. Stormwater Management
The Owner shall convey Block 34 of Draft Subdivision Plan, Project 23-19008M, prepared by Kim Husted Surveying Limited as a stormwater management block, to the Municipality of Bayham, free of all liens and encumbrances.
3. Future Trail Block
The Owner shall convey Block 35 of Draft Subdivision Plan, Project 23-19008M, prepared by Kim Husted Surveying Limited as a 0.3m reserve, to the Municipality of Bayham, free of all liens and encumbrances.
4. 0.3M Reserves
The Owner shall convey Block 36 of Draft Subdivision Plan, Project 23-19008M, prepared by Kim Husted Surveying Limited as a 0.3m reserve, to the Municipality of
Bayham, free of all liens and encumbrances.
41
SCHEDULE “D”
SUBDIVISION AGREEMENT dated the day of , 2024.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter called the “Municipality” and one of the parties)
-and -
11:28 PROPERTIES INC. a corporation incorporated under the laws of the Province
of Ontario and having its registered office in the County of Norfolk
(hereinafter called the “Subdivider”
and one of the parties)
ENGINEERED DRAWINGS LIST AND DESCRIPTIONS
The following are the list of plans identified by drawing numbers and descriptions that
are located in the municipal office.
Drawing No. Description Version/Date
1 Cover Page Rev 2 – 21 May 2024
2 Grading Plan Rev 2 – 21 May 2024
3 Sanitary Drainage System and Areas Rev 2 – 21 May 2024
4 Storm Drainage System and Areas Rev 2 – 21 May 2024
5 Bruce Street – Plank Road to Utility Corridor Rev 2 – 21 May 2024
6 Bailey Court – Bruce Street to Cul-De-Sac Rev 2 – 21 May 2024
7 Bailey Court Cul-De-Sac Rev 2 – 21 May 2024
8 Storm Easements RLCB 1-3 Rev 2 – 21 May 2024
9 Storm Water Management Rev 2 – 21 May 2024
10 Storm Water Pond Sections Rev 2 – 21 May 2024
11 Erosion and Sediment Control Rev 2 – 21 May 2024
12 General Notes Rev 2 – 21 May 2024
13 Misc. Details Rev 2 – 21 May 2024
14 Plank Road Sidewalk Page 1 Rev 2 – 21 May 2024
15 Plank Road Sidewalk Page 2 Rev 2 – 21 May 2024
18015
Security Estimate - 27-Nov-23
Security Estimate (Rev 1) - 29-Jan-24
UNIT PRICE TOTAL
% $ % $
200mmø 444 m 175 77,700 70 54,390
1200mmø manholes 7 each 10,000 70,000 70 49,000
PDC's 33 each 1,700 56,100 70 39,270
Miscellaneous 1,200 70 840
$205,000 $205,000 $143,500 $0
750mmø 39m 500 19,500 70 13,650
450mmø 274 m 300 82,200 70 57,540
375mmø 215 m 250 53,750 70 37,625
300mmø 125 m 200 25,000 70 17,500
250mmø 176 m 190 33,345 70 23,342
PDC's 33 each 1,500 49,500 70 34,650
Single catchbasin 17 each 3,000 51,000 70 35,700
Double Catchbasin 3 each 5,000 15,000 70 10,500
1200mmø manhole 10 each 10,000 100,000 70 70,000
250mmø CB leads 35m 100 3,500 70 2,450
300mmø CB leads 48m 130 6,240 70 4,368
Miscellaneous 1,965 70 1,376
$441,000 $441,000 $308,700 $0
750ø headwall 1 each 25,000 25,000 70 17,500
1200 x 1200mm outlet control chamber 1 each 20,000 20,000 70 14,000
1000mm standpipe 1 each 12,000 12,000 70 8,400
300mmø 46m 200 9,200 70 6,440
Dry Hydrant 1 l/s 10,000 10,000 70 7,000
Cable concrete mats 3 each 3,000 9,000 70 6,300
Fine grading 1 l/s 10,000 10,000 70 7,000
Landscaping 1 l/s 10,000 10,000 70 7,000
Allowance for Fire Protection Maintenance 1 l/s 15,000 15,000 100 15,000
Miscellaneous 1,800 70 1,260
$122,000 $122,000 $89,900 $0
Excavation, grading, excluding lot grading 1 l/s 15,000 15,000 70 10,500
Granular B (300mm thick) - BRUCE STREET 400 m³40 16,000 70 11,200
Granular B (300mm thick) - BAILEY COURT 1,200 m³40 48,000 70 33,600
Granular A (100mm thick) - BRUCE STREET 200 m³50 10,000 70 7,000
Granular A (100mm thick) - BAILEY COURT 620 m³50 31,000 70 21,700
Street Lights 12 each 4,000 48,000 100 48,000
Mountable curb and gutter - BRUCE STREET 260 m 40 10,400 100 10,400
Mountable curb and gutter - BAILEY COURT 705 m 40 28,200 100 28,200
HL8 base asphalt (50mm thick) -
BRUCE STREET 150 tonnes 110 16,500 100 16,500
HL8 base asphalt (50mm thick) -
BAILEY COURT 470 tonnes 110 51,700 100 51,700
Miscellaneous 1,200 100 1,200
$276,000 $276,000 $240,000 $0
Sidewalk - BRUCE STREET 120 m2 50 6,000 100 6,000
Sidewalk - BAILEY COURT 380 m2 50 19,000 100 19,000
Sidewalk - External 403 m2 50 20,150 100 20,150
Catch Basin Adjustments 20 each 150 3,000 100 3,000
Manhole Adjustments 17 each 500 8,500 100 8,500
Milling - 200±m²1 l/s 2,500 2,500 100 2,500
Sweeping and tack coat - 4,600±m²1 l/s 5,000 5,000 100 5,000
HL3 Surface Asphalt (40mm thick) -
BRUCE STREET 125 tonnes 120 15,000 100 15,000
HL3 Surface Asphalt (40mm thick) -
BAILEY COURT 375 tonnes 120 45,000 100 45,000
Miscellaneous 1,850 100 1,850
$126,000 $126,000 $126,000 $0
SUB-TOTAL CONSTRUCTION COSTS $1,170,000 $908,100 $0
TOTAL REQUIRED SECURITY $908,100
ROADWORK (YEAR ONE)
QUANTITY
SANITARY SEWER
STORM SEWER
STORMWATER MANAGEMENT
ROADWORK (YEAR TWO)
SECURITY ESTIMATE
SCHEDULE 1
EDEN EAST SUBDIVISION, EDEN
MUNICIPALITY OF BAYHAM
ESTIMATED CONSTRUCTION COSTS
(LOTS 1-33 FRONTING BRUCE STREET AND BAILEY COURT)
100% PERFORMANCE MAINTENANCE
Schedule 'E1'
18015
Security Estimate - 27-Nov-23
Security Estimate (Rev 1) - 29-Jan-24
SCHEDULE 1
EDEN EAST SUBDIVISION, EDEN
MUNICIPALITY OF BAYHAM
ESTIMATED CONSTRUCTION COSTS
(LOTS 1-33 FRONTING BRUCE STREET AND BAILEY COURT)
Supervision and contract administration (5%)59,000
Geotechnical Investigation and Testing (1.5%)18,000
Electrical Servicing - 33 Lots @ $5,000 165,000
Utility Co-ordination by CJDL 5,000
Contingency Allowance (10%)117,000
TOTAL PHASE 1 ESTIMATED COST $1,534,000
$1,534,000
The foregoing costs exclude:
• Development charges;
• HST;
• Legal costs;
• Utility conflicts and relocation;
• Driveways;
• Private Well Construction;
• Grading, topsoil sod around units;
• Landscaping, trees; and
• Electrical service rebate.
TOTAL ESTIMATED CONSTRUCTION COST FOR EDEN EAST SUBDIVISION
Cameron Cluett, P. Eng.
CYRIL J. DEMEYERE LIMITED,
CONSULTING ENGINEERS,
TILLSONBURG, ONTARIO.
18015
27-Nov-23
1 January 2024
2
February 2024
3 Utility Servicing - Hydro, Gas, Telephone, Cable TV (including Phase 2)April/May 2024
4 Sidewalks
5 Street Lighting April/May 2024
6 Boulevard Restoration - including topsoil and sod
7 Top Lift Asphalt August 2025*
Completed after
house construction
(Late 2024 - 2025)
*Phase 2 top lift asphalt timing pending approval of Eden Sanitary Pumping Station
allocated capacity
SCHEDULE 2
EDEN EAST SUBDIVISION, EDEN
MUNICIPALITY OF BAYHAM
IMPLEMENTATION SCHEDULE
PHASE 1 & 2
Underground Services - Sanitary Sewers, Storm Sewers, and SWM Pond
(including Phase 2)
Completed after Phase 1
house construction
(Late 2024 - 2025)
Road Construction - including Curbs, Granular A&B, Base Lift Asphalt
(including Phase 2)
Schedule 'E2'
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-046
A BY-LAW PRESCRIBING THE SPEED LIMIT FOR A PORTION OF CHUTE LINE
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS subsection 2 of Section 128 of the Highway Traffic Act, R.S.O. 1990 as
amended, authorizes the Council of a Municipality to prescribe a rate of speed for motor
vehicles driven on a highway or portion of a highway under its jurisdiction;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
expedient that the speed of motor vehicles on Chute Line from Plank Road to Tollgate Road
be reduced to 50 kilometres per hour;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the penalties provided in the Highway Traffic Act shall apply to offences against
this by-law;
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 18th DAY OF
JULY, 2024.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z784-2024
GILES
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule ‘A1’ Map No. 4 by changing the zoning symbol on the lands from ‘Agricultural
(A1)’ Zone to a ‘Site-Specific Agricultural (A1-46)’ Zone, which lands are outlined in
heavy solid lines and marked “A1-46” on Schedule ‘A1’ Map No. 4 to this By-law, which
schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.46.1 Defined Area
A1-46 as shown on Schedule ‘A1’ Map No. 4 to this By-law.
5.12.46.2 Regulations for Accessory Buildings
Notwithstanding the provisions of Section 4.2.f) of this By-law, an
accessory building/structure that is 213.0% (371.6 m2) of the size of the
principal farm dwelling (174.5 m2) erected after the date of passing of this
By-law shall be permitted. This excludes main farm buildings such as
barns, greenhouses, stables and driving sheds.
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 18TH DAY OF JULY 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY 2024.
MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z785-2024
JURENAS
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule ‘A1’ Map No. 5 by changing the zoning symbol on the lands from ‘Special
Agricultural (A2)’ Zone to a ‘Site-Specific Special Agricultural (A2-21)’ Zone, which lands
are outlined in heavy solid lines and marked “A2-21” on Schedule ‘A1’ Map No. 5 to this
By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 6.12 Exceptions – Special Agricultural (A2) Zone by adding the following
clauses:
6.12.21.1 Defined Area
A2-21 as shown on Schedule ‘A1’ Map No. 5 to this By-law.
6.12.21.2 Minimum Lot Area
18.4 hectares
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 18TH DAY OF JULY 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-047
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD JULY 18, 2024
WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of
a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be
exercised by by-law;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the Council meeting held July 18, 2024 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this by-law.
2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby
authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th
DAY OF JULY, 2024.
____________________________ _____________________________
MAYOR CLERK