HomeMy WebLinkAboutOctober 17, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, October 17, 2024 7:00 p.m. 8:00 p.m. Public Drainage Meeting – North Street Drain The October 17, 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 October 3, 2024 B. Statutory Planning Meeting held October 3, 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 PS-13/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re Tender Results – Capital Item No. FA-07 – Marine Museum Accessibility Upgrades
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B. Report PS-14/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
2024-2025 Winter Operations Plan – Level of Service 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-22/24 Froese
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-11-24 by Steve Adams, Manager of Public Works/Drainage Superintendent re 2024 3rd Quarter Drainage Report B. Report DS-74/24 by Scott Sutherland, Chief Building Official re 2024 3rd Quarter Building Report C. Report DS-75/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Amendment OPA-03/24 & ZBA-24/24 – Part of Snow Street Road Allowance D. Report DS-76/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Bayham
Official Plan Review 2024 – Shaping Our Future – Response to August 29th Special Council Meeting Questions and Comments 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Municipality of Lambton Shores re Southwest Community Transit Services B. Oxford County re Southwest Community Transit Services C. Town of Cobourg re Support of Involuntary Care for Individuals with Severe Mental Health and Addiction Issues D. Public Health Sudbury & Districts re Recommendations for Government Regulation of Nicotine Pouches E. Western Ontario Wardens Caucus re Roadside Zoos Legislation
F. Long Point Region Conservation Authority re September 4, 2024 Hearing Board Meeting Minutes
G. Long Point Region Conservation Authority re September 4, 2024 Board Meeting Minutes 13.1.2 Requiring Action
A. Good Roads re Establishment of an Ontario Rural Road Safety Program B. Ontario’s Big City Mayors re Solve the Crisis Campaign
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13.2 Reports to Council
A. Report TR-13/24 by Lorne James, Treasurer re 2024 Q3 Variance Report
B. Report CAO-43/24 by Thomas Thayer, CAO re Public Comments Received – Disposition of Parts 1 through 8 of Plan 11R-11261, Ann Street Lands
C. Report CAO-44/24 by Thomas Thayer, CAO re Community Sport and Recreation Infrastructure Fund – Support for Application – Lighting Upgrade for the Straffordville Ball Diamond 14. BY-LAWS
A. By-law No. 2024-061 Being a by-law to authorize the execution of an amending transfer payment agreement between His Majesty the King in Right of Ontario and the Corporation of the Municipality of Bayham for the Investing in Canada Infrastructure Program (ICIP) Community, Culture and Recreation Stream (SCC Expansion)
B. By-law No. 2024-062 Being a by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the North Street Drain
C. By-law No. 2024-063 Being a by-law to adopt Official Plan Amendment No. 38 D. By-law No. 2024-064 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and PK Construction Inc. for the Marine Museum Washroom Upgrades
E. By-law No. Z792-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Municipality of Bayham, Snow Street 15. UNFINISHED BUSINESS
16. OTHER BUSINESS 16.1 In Camera A. Confidential Item re Labour relations, employee negotiations (Compensation)
B. Confidential Item re Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Procurement)
C. Confidential Item re Personal matters about an identifiable individual; labour relations, employee negotiations (Human Resources) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-065 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, October 3, 2024 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 1 Application The October 3, 2024 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube.
PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE SUSAN CHILCOTT TIMOTHY EMERSON *via Zoom STAFF PRESENT: CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL FIRE CHIEF HARRY BARANIK 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 4. ANNOUNCEMENTS Councillor Chilcott announced that on Friday, October 4, 2024 there will be a Thanksgiving
Bingo at the SCC starting at 7 pm. All ages welcome as there will be prizes for both kids and adults.
Fire Chief Harry Baranik announced that Fire Prevention Week is October 6 – 12, 2024. Bayham Fire Fighters will be visiting schools and hosting an Open House at the Straffordville Station on Tuesday, October 8, 2024 from 7 – 8:30 pm.
Mayor Ketchabaw encourages all members of Council to participate in the Fire Prevention Week activities if available.
CAO Thomas Thayer reminded residents that the Municipal Office will be closed on Monday, October 14, 2024 for Thanksgiving.
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5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held September 19, 2024
B. Statutory Planning Meeting held September 19, 2024 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Regular Meeting of Council held September 19, 2024 and the minutes of the Statutory Planning Meeting held September 19, 2024 be approved as presented. CARRIED
8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance Application A-04/24 Sawatzky Friesen B. Notice of Decision re Minor Variance Application A-16/24 Clarke Sullivan C. Notice of Decision re Minor Variance Application A-17/24 Klassen
D. Notice of Public Meeting re Proposed Official Plan Amendment & Zoning By-law Amendment, Municipality of Bayham
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Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A – D be received for information. CARRIED 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-72/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-22/24 Froese, 55210 Maple Grove Line Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-72/24 regarding the Froese rezoning application ZBA-22/24 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
September 19, 2024 associated with this application, there were no attendees and no oral
or 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 14 & 15 Concession 8, known municipally as
55210 Maple Grove Line, from Agricultural (A1-A) to a Site-specific Agricultural (A1-A-48)
Zone to permit an ‘Agricultural Service Establishment’ as an additional permitted use,
limited to the storage and distribution of portable toilets, and shall be limited to a Maximum
Floor Area of 280.0 m2 (3,013.8 ft2) and outdoor storage shall be limited to the rear yard.
AND THAT Zoning By-law No. Z791-2024 be presented to Council for enactment.
CARRIED B. Report DS-73/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E79-24 Hildebrandt H & E, 56092 Heritage Line Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler THAT Report DS-73/24 regarding the Consent Application E79-24 Hildebrandt be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E79-24 be granted subject to the following conditions and considerations:
1. That the Owner removes the existing two (2) sheds located on Parcel ‘A’ to be severed
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as a lot addition to 56088 Heritage Line
2. That the Owner provides a digital copy of a survey of the subject lands. 3. That the Owner provides a Letter of Undertaking from their solicitor for the lands to merge on title.
4. That the Owner provides the Planning Report Fee payable to the Municipality of Bayham upon the granting of the consent by the Elgin County Land Division Committee. CARRIED 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. City of Kitchener re Changes to the Landlord Tenant Tribunal (LTB) B. Town of Tillsonburg re Cellular Coverage Concerns
C. Municipality of Tweed re Canada Community-Building Funds
D. County of Brant re Southwest Community Transit Funding E. Elgin County re September 10, 2024 County Council Highlights
Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT items 13.1.1 A – E be received for information; AND THAT the Council for the Corporation of the Municipality of Bayham supports item B.
CARRIED
13.1.2 Requiring Action
A. Debbie Marlatt re Request for Action to Reform Hall Rental Administration
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the correspondence summary from Debbie Marlatt re Request for Action to Reform Hall Rental Administration be received for information; AND THAT staff be directed to review the language surrounding hall rentals during the next rates and fees review. CARRIED
The Council Meeting recessed at 7:34 to host a Statutory Planning Meeting.
The Council Meeting resumed at 7:44 pm.
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B. Vienna Lions re Parking Lot
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott
THAT the correspondence from the Vienna Lions re Parking Lot be received for information.
CARRIED
C. Straffordville Community Committee re Request for Support Moved by: Councillor Chilcott
Seconded by: Councillor Froese THAT the correspondence from the Straffordville Community Committee re Request for
Support be received for information; AND THAT Council for the Corporation of the Municipality of Bayham recognizes that Watermelon Fest is a community festival of municipal significance and fully supports the event. CARRIED
13.2 Reports to Council
A. Report CAO-40/24 by Thomas Thayer, CAO re Amended Transfer Payment Agreement – Investing in Canada Infrastructure Program (ICIP) Community, Culture and Recreation (CCR) Stream – Straffordville Community Centre Expansion Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-40/24 re Amending Transfer Payment Agreement – Investing in
Canada Infrastructure Program (ICIP) Community, Culture and Recreation Stream – Straffordville Community Centre Expansion be received for information; AND THAT Council authorizes the CAO and Mayor to execute an amending Transfer Payment Agreement between His Majesty the King, in Right of Ontario, as represented by the Minister of Infrastructure and the Municipality of Bayham for the Investing in Canada
Infrastructure Program (ICIP): Community, Culture and Recreation Stream. CARRIED
14. BY-LAWS A. By-law No. 2024-058 Being a by-law respecting the municipal water supply
system in the Municipality of Bayham and the establishment of water rates
B. By-law No. 2024-059 Being a by-law respecting the municipal pollution control system and municipal storm sewer system in the Municipality of Bayham and the establishment of sewer surcharge rates
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C. By-law No. Z791-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Froese
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2024-058, 2024-059 and Z791-2024 be read a first, second, third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an “In Camera” Session at 8:31 p.m. to
discuss: A. Confidential Item re a trade secret or scientific, technical, commercial, financial or labour
relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization (Agreement) B. Confidential Item re a position, plan, procedure, 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
(Municipal Property) 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 9:05 p.m. and report on Confidential Item re a trade secret or scientific, technical, commercial, financial or labour
relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of
persons, or organization (Agreement) and Confidential Item re a position, plan, procedure, 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 (Municipal Property). CARRIED
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Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler THAT Confidential Item re a trade secret or scientific, technical, commercial, financial or
labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person,
group of persons, or organization (Agreement) be received for information; AND THAT staff and the Mayor proceed as directed. CARRIED
Moved by: Councillor Froese
Seconded by: Councillor Chilcott THAT Confidential Item re a position, plan, procedure, 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 (Municipal Property) be received for information; AND THAT the negotiation committee proceed as directed.
CARRIED
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-060 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-law No. 2024-060 be read a first, second and third time and finally
passed. CARRIED
18. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 9:07 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, October 3, 2024 7:30 p.m. A. Proposed Official Plan Amendment OPA-03/24 and Proposed Zoning By-law Amendment ZBA-24/24, Part of Snow Street, Municipality of Bayham The October 3, 2024 Planning Public Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE SUSAN CHILCOTT TIMOTHY EMERSON *via Zoom STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL PUBLIC ATTENDEES A: WENDY CARMICHAEL *via Zoom 1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:34 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
4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Proposed Official Plan Amendment OPA-03/24 and Proposed Zoning By-law Amendment ZBA-24/24, Part of Snow Street, Municipality of Bayham
THE PURPOSE of this combined Official Plan and Zoning By-law Amendment is to designate the subject property to the ‘Residential’ land use designation and rezone the subject property from ‘Institutional (I)’ Zone to ‘Village Residential 1 (R1)’ Zone to facilitate the creation of a new residential lot. The subject property, being an unopened road allowance, is legally identified as Part of Snow Street, Registered Plan 54, in the Village of Vienna. The subject property is located immediately south of Ann Street.
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THE EFFECT of this combined Official Plan and Zoning By-law Amendment is to facilitate the
creation of a future residential lot. 5. PUBLIC PARTICIPATION Wendy Carmichael spoke virtually in opposition of the proposed amendments. Carmichael outlined a few concerns relating to parkland space such as conducting a study to know the
ratio of parkland needed to the amount of residents in the area, the possibility of a committee to speak to this concern, parking for the park, further language in the Official Plan about parkland, and outlining in the Strategic Plan for having adequate parkland. Carmichael noted some overall perceived optics for Bayham residents that she believes Vienna has been losing the most amenities. 6. CORRESPONDENCE
Public Comments Received by September 25, 2024:
Dean Franklin, sent by email 7. OTHER BUSINESS
No other business.
8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Official Plan Amendment and Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for OPA-03/24 & and ZBA-24/24 is now complete at 7:44 p.m.
CARRIED
MAYOR CLERK
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: October 17, 2024
REPORT: PS-13/24 SUBJECT: TENDER RESULTS – CAPITAL ITEM NO. FA-07 – MARINE MUSEUM ACCESSIBILITY UPGRADES 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 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-07 - $60,000 – Marine Museum Accessible Washroom Upgrades Subsequently, at its December 7, 2023 meeting, Council received Report CAO-62/23 re Enabling Accessibility Fund – Grant Award and Agreement Authorization. The Report advised of receipt of an Enabling Accessibility Fund (EAF) grant for the works at the Marine Museum in the amount of
$49,606. It also advised that preliminary discussions with the engineer suggested that the price tag for the project would be closer to $80,000. Staff suggests reallocating the $20,000 from the Port Burwell Library capital item to the Marine Museum to ensure funding. Council passed the following
motion: Moved by: Councillor Chilcott
Seconded by: Councillor Emerson THAT Report CAO-62/23 re Enabling Accessibility Fund – Grant Award and Agreement Authorization be received for information; AND THAT the Chief Administrative Officer and Mayor be directed to execute an Agreement with His Majesty the King in Right of Canada, as represented by the Minister of Employment and Social Development, in respect of the Enabling Accessibility Grant awarded for the
Marine Museum Accessibility Improvements;
AND THAT the appropriate authorizing by-law be brought forward for Council’s
consideration;
AND THAT Capital Item FA-06 be removed from the approved-in-principle 2024-2033 Capital Budget; AND THAT the $20,000 in funding identified for Capital Item FA-06 be re-allocated to Capital Item FA-07. DISCUSSION In accordance with Capital Item No. FA-07 and amendments thereto, on September 9, 2024, Spriet Associates issued a Request for Tender for the renovations of the Marine Museum Accessible Washroom Upgrades located at 18 Pitt Street in Port Burwell. The Tender was published on the Municipal website. The scope of the Marine Museum renovation includes:
Installation of a new entrance door compliant with AODA standards.
Removal of the existing washroom.
Installation of a new female washroom
Installation of new universal male washroom.
On October 2, 2024, the Tender closed at 2pm. The Municipal Engineer opened the tender documents. Five bids were received, however, one has since been withdrawn by the bidder. The results of the other four bids are as follows:
Bidder Total Tender Cost1
Accuratus Design & Build Inc. $94,500.00
Elgin Contracting and Restoration Ltd. $97,000.00
Reid & Deleye Contractors Ltd. $108,544.88 PK Construction Inc. $94,200.00 The Lowest Compliant Bid is that of PK Construction at $94,200+HST. All bids amounts include contingency costs that may or may not be incurred. PK Construction included a $15,000 contingency in their tender submission. Staff have reviewed the Tender submissions with the Municipal Engineer and are recommending approval of this Bid.
In accordance with previous direction and budget approvals, the Municipality has $80,000 allocated to this project. The bid submission from PK Construction is $14,200 over budget. Should contingency not be used in full, the total price will be under the $94,200 contract price, but likely still over the $80,000 allocation.
Council will recall Report PS-12/24 re Capital Item No. FA-04 – Public Works Building HVAC and Lighting Upgrades. The approved value of Capital Item No. FA-04 in the budget is $100,000. The works for the item are now complete and under budget at $61,974.51 – an underspend of
$38,025.49. The Manager of Public Works and Treasurer both recommend the overage on FA-07 be funded from the cost savings on FA-04.
Staff recommend accepting the Tender bid from PK Construction.
1 Does not include HST
STRATEGIC PLAN 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-13/24 re Tender Results – Capital Item No. FA-07 – Marine Museum
Accessibility Upgrades be received for information; 2. AND THAT Council accept the Tender submitted by PK Construction for the Marine Museum
Accessibility Upgrades in the amount of $94,200+HST;
3. AND THAT any overage above the $80,000 budgeted allocation for Capital Item No. FA-07 be funded utilizing the remaining budgeted amount from Capital Item No. FA-04;
4. AND THAT the appropriate by-law be brought forward for Council’s consideration. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC
Manager of Public Works| Chief Administrative Officer Drainage Superintendent
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: October 17, 2024
REPORT: PS-14/24
SUBJECT: 2024-2025 WINTER OPERATIONS PLAN – LEVEL OF SERVICE
BACKGROUND On November 2, 2023, Council received Report PS-16/23 re Winter Operations Plan – Level of Service. The following motion was passed: THAT Report PS-16/23 re Winter Operations Plan - Level of Service be received for information. AND THAT the Council of the Corporation of the Municipality of Bayham approve the Municipality of Bayham Winter Operations Plan – Level of Service Policy attached hereto as Appendix ‘A’;
The Municipality’s Public Works Department and the Municipal contractor, each winter season, complete the following winter operations throughout the municipality, from November 15 through March 22 of the following calendar year, with a variety of different operations:
Routine patrolling
Roadway snow removal
Sidewalk snow removal
Roadway Anti-Icing The Municipality is required to follow Regulation 239/02, Minimum Maintenance Standards for Municipal Highways (MMS). The MMS under the Municipal Act, 2001, identifies the Municipal role and obligation to maintain the roads to a reasonable state of repair. There is no provincial legislation that requires the Municipality to have a winter operations plan, however this has been
identified and advised in the past by the Municipality’s Insurer that a Council-endorsed winter operations plan may defend the Municipality in a future claim. DISCUSSION The Municipality of Bayham Winter Operations Plan – Level of Service Policy, attached hereto as Appendix ‘A’, contains updated mapping from 2023; No changes were required from the 2023-2024 Winter Operations Plan aside from minor typographical updates.
The Municipality of Bayham Winter Operations Plan – Level of Service Policy sets out a policy and procedural framework for ensuring that the Municipality of Bayham continuously improves on the effective delivery of winter maintenance services and the management of road salt used in winter maintenance operations, as outlined in Environment Canada's Code of Practice for the Environmental Management of Road Salts. The Municipality of Bayham Winter Operations Plan – Level of Service Policy is meant to allow for an annual review and updates if any changes within the MMS are made. This allows for any
alterations at the start of every season and the ability to obtain any equipment, staffing or materials needed to complete the winter season. Based on the MMS, the Roadway Classifications and the Average Annual Weekday Traffic (AADT), the charts below indicate the minimum response time to address snow accumulation based on depth of snow fall.
AADT REG. 239/02 Classification
15,000 or more 2
4,000 - 14,999 3 500 – 3,999 4 0 - 499 5
Class of Highway Depth (cm) Time (hours)
1 2.5 4
2 5 6
3 8 12 4 8 18 5 10 24
*Highlighted are the classification of roads that the Municipality of Bayham is responsible for
During the winter maintenance period, Public Works staff has 2 Supervisory staff and 2 Operator on-call 24/7 for emergency responses. In addition, through the November 11 - March 16 period, the Municipality utilizes 7 full-time staff and 1 temporary operator. The Public Works staff monitors the roads 24/7 and operates out of the Public Works yard from 4:00am through 11:30pm Monday through Friday, along with Saturday and Sunday patrols. STRATEGIC PLAN Not applicable. ATTACHMENTS
1. Municipality of Bayham Winter Operations Plan – Level of Service Policy 2. 2024-2025 Winter Operations Mapping – Plow and Contractor Routes RECOMMENDATION 1. THAT Report PS-14/24 re 2024-2025 Winter Operations Plan - Level of Service be
received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham approve the Municipality of Bayham Winter Operations Plan – Level of Service Policy and associated mapping. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer
DISCLAIMER This document is based on normal winter weather conditions, reliability and availability of resources both human and physical. The Municipality does not guarantee a level of service under abnormal or significant weather events nor in the event of a work stoppage. It is acknowledged that conditions may occur which temporarily prevent achieving levels assigned. In such cases, efforts will be made to keep roads open, consistent with available resources. This document is designed to utilize plain language to describe the Municipality of Bayham Winter Operations Plan. If there is a conflict between a provision in this document and a provision of Ontario Regulation 239/02, the provisions of Ontario Regulation 239/02 shall apply. Section 1 – Purpose The Municipality of Bayham Winter Operations Plan sets out a policy and procedural framework for ensuring that the Corporation of the Municipality of Bayham continuously improves on the effective
delivery of winter maintenance services and the management of road salt used in winter maintenance operations, as outlined in Environment Canada's Code of Practice for the Environmental Management of Road Salts and the County of Elgin Salt Management Plan.
The Municipality of Bayham Winter Operations Plan is meant to be dynamic, to allow the Municipality to evaluate and phase-in any changes, new approaches and technologies in winter maintenance activities in a fiscally sound manner. At the same time, any modifications to municipal winter maintenance activities must ensure that roadway safety is not compromised. As specified in the Code of Practice for the Environmental Management of Road Salts, the Winter Operations Plan for the Corporation of the Municipality of Bayham was endorsed by Council on October 19, 2023. Section 2 - Definitions
2.1 Anti-icing means the application of liquid deicers directly to the road surface in advance of a winter event.
2.2 Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public
for the passage of vehicles and includes the area between the lateral property lines thereof.
2.3 Paved Road means a road with an asphalt surface, concrete surface, composite pavement, or Portland cement surface.
2.4 Pre-treat means the application of liquids (calcium chloride, sodium chloride, etc.) to dry sand or salt prior to being loaded for storage or applied to the road surface.
2.5 Pre-wetting means the application of liquids (calcium chloride, sodium chloride, etc.) at the spinner of the truck just prior to application to the road surface.
2.6 Significant Weather Event means an approaching or occurring weather hazard with the potential to pose a significant danger to users of the highways within the Municipality as per the Significant Weather Event Policy attached hereto as Appendix ‘D’.
2.7 Surface Treated Road means a road with bituminous surface treatment comprised of one or two applications of asphalt emulsion and stone chips over a gravel road.
2.8 Unpaved Road means a road with a gravel or sand surface.
2.9 Winter Event means a weather condition affecting roads such as snowfall, wind-blown snow, freezing rain, frost, black ice, etc. to which a winter event response is required.
2.10 Winter Event Response means a series of winter control activities performed in response to a winter event.
2.11 Continuous Winter Event Response means a response to a winter event with full deployment of labour and equipment that plow/salt/sand the entire system.
2.12 Spot Winter Event Response means a response to a winter event with only a part deployment of labour and equipment or with full deployment to only part of the system 2.13 Winter Event Response Hours means the total number of person-hours per year (plowing,
salting/sanding, winging back, etc.) to respond to winter events. Section 3 - Objective
The Corporation of the Municipality of Bayham is committed to improving winter maintenance operations while continuing to ensure public safety. The Corporation of the Municipality of Bayham will
optimize the use of winter maintenance materials containing chlorides on all municipal roads while striving to minimize negative impacts to the environment. The Corporation of the Municipality of Bayham Staff will strive, insofar as reasonably practicable, to provide safe winter road conditions for vehicular and pedestrian traffic as set out in the level of service policies and within the resources established by the Council of the Corporation of the Municipality of Bayham. Section 4 - Policy Statement
The Corporation of the Municipality of Bayham will provide efficient and cost effective winter maintenance to ensure, insofar as reasonably practicable, the safety of users of the municipal road network in keeping with applicable provincial legislation and accepted standards while striving to minimize adverse impacts to the environment. These commitments will be met by: i. adhering to the procedures contained within the Municipality of Bayham Winter Operations Plan; ii. reviewing and upgrading the Municipality of Bayham Winter Operations Plan on an annual basis
to incorporate new technologies and new developments; iii. committing to ongoing winter maintenance staff training and education; and iv. monitoring on an annual basis, the present conditions of the winter maintenance program, as
well as the effectiveness of the Municipality of Bayham Winter Operations Plan. Section 5 – Winter Maintenance Program
The major activities related to winter maintenance are:
• snow plowing
• salt/sand application
• salt/sand storage
• snow removal
• sidewalk plowing
• anti-icing The Corporation of the Municipality of Bayham is responsible for winter maintenance on: Table 1
Road Type Distance (Lane KM)
Paved Roads 214 Lane KM
Surface Treated Roads 268 Lane KM
Unpaved Roads 97 Lane KM
Sidewalks 18 KM
For the purposes of this winter operations plan, the highways under the jurisdiction of the Corporation
of the Municipality of Bayham have been classified (Class 1, 2, 3, 4, 5) as per the following Table 2 which is based on the Classification of Highways table included in Ontario Regulation 239/02.
Table 2
Average Annual Daily Traffic (number of motor vehicles) Posted or Statutory Speed Limit (kilometres per hour)
91-100 81-90 71-80 61-70 51-60 41-50 1-40
15,000 or more 1 1 1 2 2 2 2
12,000 - 14,999 1 1 1 2 2 3 3
10,000 - 11,999 1 1 2 2 3 3 3
8,000 - 9,999 1 1 2 3 3 3 3
6,000 - 7,999 1 2 2 3 3 3 3
5,000 - 5,999 1 2 2 3 3 3 3
4,000 - 4,999 1 2 3 3 3 3 4
3,000 - 3,999 1 2 3 3 3 4 4
2,000 - 2,999 1 2 3 3 4 4 4
1,000 - 1,999 1 3 3 3 4 4 5
500 - 999 1 3 4 4 5 5 5
200 - 499 1 3 4 5 5 5 5
50 - 199 1 3 4 5 5 5 5
0 - 49 1 3 6 6 6 6 6
For the purposes of Table 2, the average annual daily traffic on a highway or part of a highway under the jurisdiction of the Corporation of the Municipality of Bayham shall be determined by: i. counting and averaging the daily two-way traffic on the highway or part of the highway; or ii. estimating the average daily two-way traffic on the highway or part of the highway. Table 3 summarizes the road system in the Municipality of Bayham as follows: Table 3
Paved Lane/KM Surface Treated Lane/KM
Unpaved Lane/KM
Rural Urban Rural Urban Rural Urban
Class 1 0 0 0 0 0 0
Class 2 0 0 0 0 0 0
Class 3 142 2 0 0 0 0
Class 4 19 0 248 0 0 0
Class 5 25 26 16 4 96 1
Class 6 0 0 0 0 0 0
Section 6 – Level of Service 6.1 Weather Monitoring From October 1 to April 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once every shift or three times per calendar day, whichever is more frequent, at intervals determined by the Municipality. From May 1 to September 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once per calendar day.
In order to determine an effective winter event response and allocate the appropriate resources the Corporation of the Municipality of Bayham supplements road patrol information with weather information from various sources which includes:
i. observations from municipal staff; ii. communication with staff of adjacent municipalities and MTO contractors; iii. monitoring
iv. monitoring pavement temperatures by means of on-board infrared thermometers which are mounted on the patrol and other trucks, and; v. RWIS data and pavement temperature forecasts from municipally owned stations or via a data sharing agreements with other municipalities and/or the Ministry of Transportation 6.2 Snow Accumulation The minimum standard for addressing snow accumulation is, after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table 4, to deploy resources as soon as practicable to address the snow accumulation, to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or on a Class 4 or Class 5 Highway with two lanes, to provide a total width of at least five metres. If the depth of snow accumulation on a roadway is less than or equal to the depth set out in the Table 4,
the roadway is deemed to be in a state of repair with respect to snow accumulation. For the purposes of this section, the depth of snow accumulation on a roadway may be determined by
a municipal employee, agent or contractor, whose duties or responsibilities include one or more of the following: i. Patrolling highways; ii. Performing highway maintenance activities. The depth of snow accumulation on a roadway may be determined by: i. performing an actual measurement; ii. monitoring the weather; or iii. performing a visual estimate. SNOW ACCUMULATION Table 4
Class of Highway Depth Time
1 2.5 CM 4 HRS
2 5 CM 6 HRS
3 8 CM 12 HRS
4 8 CM 16 HRS
5 10 CM 24 HRS
6.3 Ice Formation
The minimum standard for the prevention of ice formation on roadways is doing the following in the 24-hour period preceding an alleged formation of ice on a roadway:
i. Monitor the weather in accordance with Section 6.1; ii. Patrol in accordance with Ontario Regulation 239/02. If the Municipality determines, as a result of its activities that there is a substantial probability of ice forming on a roadway, the Municipality may treat the roadway to prevent ice formation within the time set out in the Table 5, starting from the time that the municipality determines is the appropriate time to deploy resources for that purpose. ICE FORMATION PREVENTION Table 5
Class of Highway Time 1 6
2 8
3 16
4 24
5 24
If the Municipality meets the minimum standard set out Section 6.3 and, despite such compliance, ice forms on a roadway, the roadway is deemed to be in a state of repair until the earlier of, the time that the municipality becomes aware of the fact that the roadway is icy; or the applicable time set out in the Table 6 for treating the roadway to prevent ice formation expires. The minimum standard for treating icy roadways after the municipality becomes aware of the fact that a roadway is icy is to treat the icy roadway within the time set out in the Table 6, and an icy roadway is deemed to be in a state of repair until the applicable time set out in the Table 6 for treating the icy roadway expires. For the purposes of this section, treating a roadway means applying material to the roadway, including but not limited to, salt, sand or any combination of salt and sand. TREATMENT OF ICY ROADWAYS
Table 6
Class of Highway Time
1 3 HRS
2 4 HRS
3 8 HRS
4 12 HRS
5 16 HRS
6.4 Public Information Levels of Service
The Municipality of Bayham has developed carefully planned levels of winter road service to combat
the diverse winter weather conditions. A combination of municipally owned vehicles and contracted units provide effective snow plowing services to Elgin County and Municipality of Bayham roads through the highway priority route system. This system assigns priority to all County Roads with the highest traffic in the Municipality. To ensure the safety of drivers and pedestrians, these County Roads routes are serviced on a priority basis. Bayham Roads are attended to regularly, but less often than Elgin County Roads. Local Hamlet Roads and select sidewalks are maintained by Contractors under Agreements with the Municipality of Bayham. Winter Operations Priority Index
1) Elgin County Roads a. See Appendix ‘A’
b. By-law No. 2023-080 2) Municipality of Bayham Rural Roads a. See Appendix ‘B’
3) Municipality of Bayham Local Hamlet Roads & Select Sidewalks a. See Appendix ‘C’ b. Completed by Contractor under Agreement with the Municipality i. By-law No. 2020-069 c. Please note, only select sidewalks are maintained for winter operations. The Municipality does not perform snow removal operations around community mailboxes; please contact Canada Post for snow removal in this area. 6.5 Residents Information Winter Parking Restrictions
As per the Municipality of Bayham Traffic By-law, parking is not permitted on any Municipal streets from 3:00 a.m. – 5:00 a.m. This ensures the Municipality can completely clear streets of snow and that
emergency vehicles can get down the street. Children’s Safety Please ensure that children do not play where snow is piled at the side of the road or in the middle of courts where municipal equipment operators may not see them. Driveways
Piling snow to the right side of the driveway can help reduce the amount of snow pushed back into the driveway. Standing in the driveway and looking at the street determines the right side. Clearing of Snow or Ice from Sidewalks Every owner of any lot fronting any municipal highway or street where an adjacent sidewalk has been constructed shall remove and/or clear away and keep removed and cleared away all snow and ice from such sidewalk on the street side nearest to such lot, such removal to be completed within twenty-four
(24) hours of a snowfall. Clearing Snow on Private Property The Municipality devotes a great deal of resources to keep the streets and select sidewalks clear of snow and ice. Residents often deposit snow and ice from their property onto the street or sidewalk not
realizing that this contravenes municipal regulations, contributes to unsafe driving and walking conditions and increases the cost of providing winter road maintenance.
When property owners are clearing snow from private driveways, please keep this snow on your property. Your efforts in helping the Municipality make winter driving and walking safe for everyone is
appreciated. Fire Hydrants The Municipality of Bayham has approximately 118 fire hydrants that need to be cleared of snowfall. The Municipality works hard to keep hydrants clear and available for emergencies, however with heavy snowfalls, this can be challenging. Residents are asked to assist by keeping fire hydrants on their properties clear of snow. Hydrants should have a clearing of one metre (3 ft.) all around and there should be a clear path to the street to ensure firefighters can readily access them. A hydrant can help save lives and property in your community, if you see a hydrant that is buried this winter, please do the neighbourly thing and dig it out.
Damage to Sod
Sidewalk plowing presents many challenges. It is difficult to tell exactly where the edge of the sidewalk is and when the ground is not frozen some sod damage may occur. Damage to Municipal sod, pavement and municipally owned trees may be repaired in the spring, subject to the discretion of the
Roads Operation Supervisor or designate. Contact the Municipal Office when you notice damage and your address will be added to a list for repair, for consideration, when materials are available. To facilitate the removal of snow from sidewalks and to prevent damage to private property, residents are required not to place cars, fences, posts, hedges, shrubs, driveway curbs or other obstructions on the road allowance. The Municipality will not be responsible for damage to items placed on Municipal property by property owners. Mailbox Replacement
The Municipality will re-install mailboxes damaged as a result of maintenance activities of an appropriate standard in an appropriate location.
Installation Standards
i. The post shall be a 4”x4” wooden post. ii. Posts will be installed at the rounding of the shoulder, in order that the opening of the mailbox is at the edge of the shoulder with the bottom of the box being (3.5') above the edge of the edge of
the shoulder. iii. Mailboxes on a cantilever arm must meet the same height and setback requirements. iv. Mailboxes will be placed on the right hand side of road according to the courier’s line of travel in a position where the courier can reach and service it from his vehicle without being an impediment to pedestrian or vehicular traffic, where possible. v. Replacement boxes shall be a standard size weather resistant steel rural type mailbox. Limitations & Exclusions i. The Municipality is responsible for the replacement and reinstallation of a mailbox that has been removed or damaged by being physically hit by snow plowing equipment. At the sole, absolute
and unfettered discretion of the Road Operations Supervisor or designate, the Municipality will repair when possible or replace a mailbox, if beyond repair, damaged by a snowplow that has physically hit the box.
ii. Mailboxes hit by snow coming off the plow will not be replaced by the Municipality. The responsibility for maintaining mailboxes lies with the owner of the box. Mailbox owners are required to repair their own mailboxes that have been damaged by snow impact.
iii. Where any mailbox has been damaged by operations activities, it will be replaced with a standard mailbox and post arrangement with a maximum value of $50.00.
Timing of Installation
i. The damaged mailbox will be replaced as soon as weather and labour permit, at the sole, absolute and unfettered discretion of the Road Operations Supervisor or designate. Completion of Winter Control Services on the roadway is a priority. Roadside Snow Removal
Roadside snow removal operations are only completed within the defined urban communities in the downtown cores of Straffordville, Eden, Vienna, and Port Burwell. Roadside snow removal operations are undertaken when the available snow storage capacity on street will no longer accommodate further snow accumulations. The purpose of snow removal operations is not necessarily for pedestrian convenience but for road safety.
If sufficient storage is lacking along roadway corridors and sight lines are impeded, snow removal may be scheduled at the earliest opportunity as per the following standards.
i. Roadside snow removal operations may be scheduled and undertaken when the snow banks combined average height and width exceeds a value greater than 1.8 m (6’).
ii. Whenever sightline and safety are compromised as determined by the Road Operations Supervisor or designate. iii. Measurements shall not be made until 72 hours following the cessation of a storm event iv. Snow removal shall only commence when reasonably feasible within the confines of the Municipal equipment and staff inventory. Assistance to Private Property Owners Under no circumstances will a municipal employee be permitted to use municipal equipment to push, pull or tow a stranded private vehicle from a roadway or parking lot. The employee, if a hazard exists, shall use the two-way radio to notify dispatch of the impending danger. Winter Operations - Frequently Asked Questions
1. What happens when it starts to snow? The Municipality of Bayham subscribes to an advanced weather forecasting service. Depending upon the timing and nature of the pending storm, staff are brought in to commence winter maintenance
activities. Once the storm starts, or is completed, municipal equipment is sent out on designated routes to apply materials as necessary.
2. Why do I never see a municipal equipment when it snows? It all depends upon where you live. The Municipality's main routes are Elgin County Roads. Depending upon the time of day, traffic volumes and snowfall amounts, the average routes can take varying hours to complete one pass. The municipal equipment will continue back over these routes until the storm has stopped and these roads are clear of snow and ice. 3. Why does the plow not remove all of the snow from my road? The plows are designed to ride on "guides" (shoes) that raise the blade approximately 13 millimetres (0.5 inches) from the surface of the roadway. This is done to prevent damage to both the vehicle and infrastructure from raised manholes, catch basins or water valves. Once the street has been plowed and sanded, the interaction of the material and vehicular traffic is required to melt the remaining snow
cover. Streets with low traffic volumes will therefore remain snow covered longer. 4. Why do the plows always push snow into my driveway?
For a resident this can be quite annoying, but unfortunately, it cannot be helped. The snow must be removed from the travelled portion of the road. When the Municipality receives a heavy snowfall, if possible, do not shovel your driveway until after the plow has gone by. If you must shovel, do not throw the snow out onto the roadway as you may create a hazard for another vehicle, and if an accident were to occur, you might be held liable.
Section 7 - Winter Maintenance Season
The winter maintenance season within which the Corporation of the Municipality of Bayham will perform winter highway maintenance commences on November 13th, 2023 and is completed March 15th, 2024 Section 8 - Winter Preparations In the months prior to the start of the winter maintenance season, as identified in Section 7, the Corporation of the Municipality of Bayham undertakes the following tasks to prepare for the upcoming winter season. 8.1 Prior to the Winter Season
Prior to the Winter Season the Municipality will: i. If required, prepare and call tenders for the supply of materials (salt, sand, liquid), replacement parts (for plows, solid and liquid application equipment), value added meteorological services
(VAMS) and contract equipment (plow trucks, spreader trucks, combination units). ii. Conduct a mandatory training session for staff and contract operators where all policies, procedures, schedules, reporting procedures for callout, route maps, equipment training and
safety precautions will be discussed. Any issues resulting from the meeting with regard to the policies, procedures, schedules, reporting procedures for callout, route maps, equipment training and safety precautions shall be resolved either at the meeting or prior to the winter season. iii. Train winter patrollers (or staff whose duties also include patrolling) on the route of representative roads to be patrolled between winter events, their duties during a winter event, recording keeping requirements and callout procedures and the anti-icing chemicals to be applied for the forecast weather conditions. iv. Inspect equipment to ensure proper working order. Schedule and complete any and all equipment repairs. 8.2 One Month Prior to the Winter Season One month prior to the winter season the Corporation of the Municipality of Bayham will:
i. Post the winter shift schedule in accordance with the municipality's collective agreement, if any. ii. Calibrate material application equipment. iii. Allow operators (staff and contract) time to familiarize themselves with any new equipment,
material application rates, material application equipment and their route (driving the route and noting obstacles along the route). iv. Have a 50 % of the fleet ready to respond to a winter event.
v. Have sufficient staff available to operate the fleet if conditions warrant a winter event response. 8.3 At the Start of the Winter Season At the start of the winter season the Municipality of Bayham will: i. Implement the winter shift schedule. ii. Begin patrolling representative roads in all maintenance classes. iii. Respond to winter events as per the winter operations plan. Section 9 - Winter Patrol
During the winter maintenance season, the Corporation of the Municipality of Bayham carries out a winter patrol on a route of representative roads, as per Appendix ‘D’ twice daily, seven days a week. Between winter events a patrol of representative roads will occur during daylight hours and a second
night patrol will be also be scheduled. The purpose of the patrol is to monitor and record weather and road conditions and mobilize winter maintenance operators and equipment should a winter event be observed and a winter event response is required. On the approach of a winter event or during a winter
event the route of representative roads may be modified, insofar as reasonably practicable, depending on the type and severity of winter event or the direction from which the storm approaches.
Section 10 – Operations
The Corporation of the Municipality of Bayham adheres to the hours of service as set out in the Highway Traffic Act, Ontario Regulation 555/06. 10.1 Winter Materials Used Annually Table 6
Material 5 Year Average
Rock salt (NaCl) 1200 tonnes
Sand and salt mix* 3000 tonnes
Salt brine (NaCl) 60000 Liters
* Percentage of salt in sand/salt mix by weight 10% 10.2 Facilities The Municipality provides winter maintenance services from the patrol yard listed below. The patrol yard has a front-end loader capable of loading the winter maintenance fleet with sand or salt.
Municipality of Bayham Public Works Yard 8354 Plank Rd Bayham, ON Equipment Storage Details: Nine bay pre-engineered steel building with a partially paved lot
There is enough room in the bays to store 4 tandems, a loader, a grader, and the vac trailer. During winter months most of the equipment is stored indoors and seasonal equipment such as roadside grass cutters are stored at a different facility. Material Storage Details: All granular road construction material is stored outside. Salt and sand is stored within the storage dome as outlined with the County of Elgin Salt Management Plan.
10.3 Communications All winter maintenance vehicles are equipped with two-way communications (radios, cell phone, etc.). Municipal staff is responsible for reporting changing winter weather and/or road conditions as the changes are observed. Spectrum Communications provides a call centre which serves as the main hub for in/outgoing calls
from staff, emergency services and the general public. The Call Center: Can be reached by calling 519-866-5521and is manned by Spectrum Communications
outside normal business hours. The Municipality of Bayham communicates important information to the public via the municipal website www.bayham.on.ca 10.4 Authority
Operational decisions will be made by the Manager of Public Works or designate with the aid of available forecasting, level of service policy, patrolling etc. However, it should be emphasized that decisions will be subjective and external input, whether in this plan or elsewhere, merely acts as an aid in determining if a call out of staff and equipment by the Manager of Public Works or designate. Section 11 - Decommissioning Winter Operations
After the winter season expires, the Corporation of the Municipality of Bayham ceases all winter highway maintenance operations and decommissions the remainder of the equipment providing weather forecasts warrant the decommissioning.
Section 12 - Training
The Corporation of the Municipality of Bayham provides winter operations training for all staff involved in the delivery of winter services. It is compulsory for the municipal staff to attend the training sessions. Current Winter Operations Trainings: i. Equipment Circle Check ii. Equipment Calibration Record Keeping iii. Health & Safety iv. Winter Operations Section 13 - Record Keeping
Full and accurate completion of documentation, according to the applicable procedures, ensures that the Municipality is protected from liability by providing solid due diligence that procedures have been
followed. Staff, or the on-board data collection system, is responsible for keeping the following records:
i. CVOR Time Card ii. Materials Used iii. Route Plowed iv. Winter Patrol Diary v. Weather/RWIS Information vi. Equipment Calibration Records Section 14 - Monitoring and Updating The purpose of monitoring and updating is to provide a basis for continuous improvement of the Municipality of Bayham Winter Operations Plan and the winter maintenance policies, practices and procedures of the Corporation of the Municipality of Bayham. The current winter maintenance policies, practices and procedures form the baseline or benchmark
upon which improvements can be made to improve winter operations and/or the use and management of road salt in the future.
The Corporation of the Municipality of Bayham plans to undertake continual improvements to ensure the most efficient and effective winter operations.
At the end of the winter season, a meeting to review winter operations will be held with all winter operations staff to itemize all issues that arose during the winter season and discuss how these issues may be resolved.
Prior to the start of the next winter season and with sufficient lead time to implement any changes, the Corporation of the Municipality of Bayham will train staff on the changes to equipment and/or winter
maintenance policies, practices, and procedures. Year over year performance measures will be used to determine whether the objectives of the Municipality of Bayham Winter Operations Plan and/or winter maintenance policies, practices, and procedures have been met and to identify areas for improvement. i. Monitoring the salt used:
Percentage change (+/-) in the total tonnes of salt purchased annually from the benchmark year
Percentage of applications where discharge rates exceeded Percentage change (+/-) in the total
tonnes of salt applied annually per system km per winter event
Calton
Vienna
Port Burwell
CALTO
N
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ERICHMOND RDJACKS
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0 2 41
Kilometers
Plow Route 1 - 2024
Total Lane 106.2km BayhamMalahide Norfolk0 0.5 10.25
Kilometers
Port Burwell
Eden
Calton
Corinth
Richmond
Straffordville PLANK RDEDEN LINETALBOT LINE
CALTO
N
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HERITAGE LINE
PRESSEY RD
COYLE RDJACKS
O
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RICHMOND RDBEST LINE HWY 19BROWNSVILL
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HWY 3
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KESWICK RD
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ELGIN COUNTY ROAD 55DEREHAM LINELAMERS LINE
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SANDYTOWN RDBEST LINE
TOLL GATE RDSOMERS RDMITCHELL RDKey Map
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0 2 41
Kilometers
Plow Route 2 - 2024
Total Lane 102km
BayhamMalahide Norfolk
Calton
Vienna
Richmond
Port Burwell
Straffordville
PLANK RDCALTO
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RICHMOND RDVIENN
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ETALBOT LINEHERITAGE LINE
EDEN LINE
CARTER RDNOVA SCOTIA LINE
JACKS
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GLENCOLIN LINE
GLEN
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CHUTE LINEBOGUS RDMITCHELL RDWOODWORTH RDOTTERGATE LIN
ESPRINGER HILL RDSAWMILL RDANGER RDLK SHOR
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EGREGSON RDSOMERS RDEDISO
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L
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TOLL GATE RDSAWMILL RDCARTER RDCARTER RDMITCHELL RDCARTER RDCARTER RDSPRINGER HILL RDSAWMILL RDKey Map
µ0 3 61.5
Kilometers
Plow Route 3 - 2024
Total Lane 116.6km
Bayham
MalahideNorfolkCTR STEDISON
DR
FULTON ST ELM STANN ST
PLANK RDUNION STCHAPEL S
TOAK ST
PEARL
S
T
CHESTNUT ST
PINE STQUEEN ST
OTT
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TOAK ST0 200 400100
Meters
Vienna
Vienna
Port Burwell
Straffordville
N RDPLANK RDLIGHT
L
I
N
E
CALTO
N
L
I
N
E
JACKS
O
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L
I
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ELGIN COUNTY ROAD 55HERITAGE LINE
COYLE RDTUNNE
L
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A
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L
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4TH ST
OWL CAGE RDBROCK ST TOLL GATE RDMITCHELL RDKey Map
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0 1,700 3,400 5,100850
Meters
Plow Route 4 - 2024
Total Lane 108.8km Bayham
MalahideNorfolk
Eden
Straffordville PLANK RDEDEN LINE
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PORT BURWELL PARKING LOTS • Fire Hall – Nova Scotia Line• Library Parking – 21 Pitt Street• Marine Museum Parking Lot• Pump Stations (Brock and Union) • Sewage Treatment Plant – 1 Chatham Street• Robinson St Parking Lots• Wastewater Treatment Plant• Base of Pitt St• Chatham St. Lot• Nova Scotia Line Park
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STAFFORDVILLE PARKING LOTS • Firehall• Library/Pump Station #2• Pumping Station (8971 Plank Road• SCC
9352 Garner Rd. and 56826 Heritage Line) • Straffordville Community Centre All Entrances & Sidewalks
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ZBA-22/24
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z791-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: FROESE, J & S 55210 MAPLE GROVE LINE TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z791-2024 on the 3rd day of October 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 24th
day of October 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-48)’ Zone to permit an ‘Agricultural Service
Establishment’ as an additional permitted use, limited to the storage and distribution of portable
toilets to support agricultural operations in the surrounding area. The proposed ‘Agricultural
Service Establishment’ shall be limited to a Maximum Floor Area of 280.0 m2 (3,013.8 ft2) and
outdoor storage will be restricted to the rear yard. The subject property is known as 55210
Maple Grove Line, north side, and west of Sandytown Road.
THE EFFECT of this By-law is to allow for the storage and distribution of portable toilets to
support agricultural operations in the surrounding area as an additional permitted use with a
limited Maximum Floor Area of 280.0 m2 (3,013.8 ft2) and outdoor storage will be restricted to
the rear yard.
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 4th day of October 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 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: October 17, 2024
REPORT: DR-11/24 SUBJECT: 2024 3rd QUARTER DRAINAGE REPORT
BACKGROUND:
This Report is to inform Council of Q3 2024 current ongoing and completed to-date drainage
activities.
DISCUSSION:
Drainage works regarding Q3 2024 new drains and drain maintenance are outlined below: New Drains: Drain Name Status
County Road 43 Extension Petition was filed August 27, 2024 Council appoints Spriet’s to complete report September 5, 2024 On-site meeting held September 9, 2024
Peters Drain Extension Drain was completed and signed off on August 04, 2024 a security of $8,188.88 will be held for one year. 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. Follow-up October 3, 2024 as two basins yet to be installed. Landowner indicated 2-3 weeks for completion.
New Drain - VanQuaethem 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.
Engineer report was filed September 24, 2024. Notices sent out regarding meeting to consider on Oct. 3. August 27, preliminary meeting with the landowners prior to filing the report was discussed. 8 in attendance. Meeting to consider the report will be held
October 17, 2024.
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 Expect report in fall of 2024.
Drain Maintenance:
Drain Name Status
Person Drain July 25 -staff received complaint that the was not flowing properly. July 30 staff investigated and snaked the drain and identified the age of the pipe was in critical condition.
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. September follow-up when crops are removed in fall repair will be completed.
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. Invoices were issued in August 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. Invoiced
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. Invoiced
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. This was completed in July 2024
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. Invoiced in August
Smith Drain Complaint filed of a large sinkhole around
basin March 1, 2024 Contractor has been notified and expected completion fall of 2024.
In June of 2024, the Department of Fisheries and Oceans (DFO) Canada conducted surveys on three of the Municipality’s municipal drains, identifying fish habitat, fish species, flow of the outlet, and sediment control. DFO staff have identified that they were successful in their studies,
however, to-date, staff have not seen results of the report and no statement back when this can be expected. The following drains were identified:
Schonberger Drain
Winter Drain
Friesen Drain STRATEGIC PLAN
Not applicable.
RECOMMENDATION 1. THAT Report DR-11/24 re 2024 3rd 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: October 17, 2024
REPORT: DS-74/24 SUBJECT: 3RD QUARTER REPORT
BACKGROUND
The purpose of this Report is to inform Council of the activities of Building Services for the third quarter of the year for 2024. DISCUSSION
The summary of building permits issued in the third quarter is as listed in the chart below:
Year 2024 2023 2022
No. permits issued 48 20 48
Permit fees $82,993 $22,919 $56,028
Construction Value $9,126,400 $3,033,800 $10,675,000
Dwelling Units 18 5 14
Farm Buildings 2 0 2
ICI Buildings 2 N/A N/A
Demolitions 1 N/A N/A
Other 25 15 32
Q3 2024 building statistics have shown significant improvement from Q2 2023, and are an improvement on Q3 2022, which was Bayham’s best Q3 for building statistics. In particular are the building permit fees. Q3 2024’s fees are an improvement of 48 percent over Q3 2022 and over 3.6 times those of Q3 2023, indicating substantial activity increase in development services over the last twelve months. Bayham’s approved 2024 Operating Budget included a projection of $120,000 in total 2024 building revenues. Over the first three quarters of 2024, Bayham has received $187,428 in permit revenues. It is assumed that building activity will slow down in Q4 due to the onset of
colder weather; however, it appears that Bayham is on track for $210,000 to $220,000 in total 2024 building revenues.
STRATEGIC PLAN Not applicable. RECOMMENDATION 1. THAT Staff Report DS-74/24 re 3rd Quarter Report be received for information.
Respectfully Submitted by: Reviewed by:
Scott Sutherland, CBCO Thomas Thayer, CMO, AOMC
Chief Building Official Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: October 17, 2024
REPORT: DS-75/24 FILE NO. C-07/ D07.BAYH
SUBJECT: Official Plan Amendment OPA-03/24 Municipality of Bayham
Part Snow Street Road Allowance, Vienna
Draft By-law No. 2024-063 Official Plan Amendment No. 38
BACKGROUND
At its August 15, 2024 meeting, Council received Report CAO-31/24 re Survey and Consideration of Surplus Ann street Lands and passed the following motion:
Moved by: Councillor Chilcott Seconded by: Councillor Froese
THAT Report CAO-31/24 re Survey and Consideration of Surplus – Ann Street Lands be received
for information; AND THAT the Council of The Corporation of the Municipality of Bayham deems Parts 1 through 8 on survey yet-to-be-registered surplus to the needs of the Municipality for purposes of sale; AND THAT the Council of The Corporation of the Municipality of Bayham accepts the quote
provided by PBR Excavating in the amount of $13,995 + HST to install servicing to Parts 1 through 8 on survey yet-to-be-registered; AND THAT the costs associated with ensuring proper water and wastewater servicing to the aforementioned Parts 1 through 8 be funded from the Wastewater Reserve Fund; AND THAT a public comment period of no fewer than twenty-one (21) days be commenced at the appropriate time as determined by staff and after such time as the survey is registered.
A next step as identified in the Report was to proceed with land use planning applications. The Municipality of Bayham has prepared Official Plan and Zoning By-law Amendment applications proposing a change the official plan designation and zoning on lands legally identified as Part of Snow Street,
Registered Plan 54, in the village of Vienna. The purpose of this combined Official Plan and Zoning By-law Amendment is to designate the west half
DS-75/24 Municipality of Bayham 2
of the Snow Street road allowance, being the subject property, to the ‘Residential’ land use designation and rezone from ‘Institutional (I)’ Zone to ‘Village Residential 1 (R1)’ Zone to facilitate the creation of a new residential lot. The subject property identified as part of the unopened Snow Street road allowance is located immediately south of Ann Street. The effect of this combined Official Plan and Zoning By-law Amendment is to facilitate the creation of a future residential lot. PUBLIC PARTICIPATION The Notice of Public Meeting was circulated as required by the Planning Act. The public meeting was
held on October 3, 2024 in the Council Chambers, 56169 Heritage Line, in Straffordville. There was one written public submission from Dean Franklin in support included in the agenda and one virtual presentation by Wendy Carmichael at the public meeting opposing the amendments. DISCUSSION
The planner’s memorandum, dated October 9, 2024, presents the applications and background, as well as, provides the analysis against the Provincial Policy Statement (2020), the Provincial Planning Statement (2024) that will be in-force and effect on October 20, 2024, County of Elgin Official Plan,
Municipality of Bayham Official Plan and Zoning By-law. The draft OPA is attached to this Report for consideration. Should Council adopt the OPA, it will then be forwarded to the approval authority, County of Elgin, for consideration for approval. The draft Zoning By-law is presented with this report for enactment, however, will not come in to force until such time as the Official Plan Amendment No. 38 comes into effect STRATEGIC PLAN Not Applicable.
APPENDICES
1. Official Plan Amendment Application OPA-03/24 2. Zoning By-law Amendment Application ZBA-24/24 3. Arcadis Memorandum, dated October 9, 2024
4. Draft By-law No. 2024-063 Official Plan Amendment No. 38 5. Draft Zoning By-law No. Z792-2024 RECOMMENDATION
THAT Staff Report DS-75/24 regarding the Official Plan Amendment Application OPA-03/24 submitted by the Municipality of Bayham 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 October 3, 2024 associated with this application, there was one written public submission received and one virtual presentation and
that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Council considers the proposed amendment to the Official Plan to be consistent with the Provincial Policy Statement 2020, Provincial Planning Statement (2024), and in conformity with the Elgin County Official Plan, and the Municipality of Bayham Official Plan;
DS-75/24 Municipality of Bayham 3
AND THAT By-law No. 2024-063 being an adopting By-law for Official Plan Amendment No. 38, for the purpose of designating the subject property to the “Residential” land use designation in order to facilitate the creation of a new residential lot and also facilitate the concurrent Zoning By-law Amendment application ZBA-24/24 to rezone the subject lands from “Institutional (I) Zone” to “Village Residential 1 (R1)” Zone to permit residential development on the future lot; AND THAT adopted Official Plan Amendment No. 38 be forwarded to the County of Elgin for Approval; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property described as Part of Snow Street, Registered Plan 54 located south of Ann
Street, village of Vienna, from Institutional (I) to Village Residential 1 (R1) to facilitate the creation of a new residential lot; AND THAT Zoning By-law No. Z792-2024 be presented to Council for enactment. Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date October 9, 2024
From Christian Tsimenidis, BES Project No 3404 - 961
cc
Subject Municipality of Bayham - Application for Official Plan and Zoning By-law Amendment (OPA-03/24 and ZBA-24/24), Part of Snow Street, Registered Plan 54, in the Village of Vienna
Background
1. Arcadis has completed the review of a combined Official Plan and Zoning By-law
Amendment Application prepared by the Municipality of Bayham for the lands legally
identified as Part of Snow Street, Registered Plan 54, in the Village of Vienna. The
intent of this Official Plan and Zoning By-law Amendment is to designate the subject
lands to the ‘Residential’ land use designation and rezone the subject lands from
‘Institutional (I)’ Zone to ‘Village Residential 1 (R1)’ Zone to facilitate the creation of
a new residential lot.
2. The subject lands are identified as municipal owned lands available for surplus and
sale as developable, residential lots, noted in Report TR-11/23 re Surplus or
Duplicate Asset Report, presented to Council on May 18, 2023. At this stage, the
surplus lands were identified.
3. Following which, at its June 6, 2024, meeting, Council received Report CAO-21/24
re Stop-up and Close – Parts 2 & 3 of Plan 11R-10789, Snow Street, Vienna /
Buildability – Ann Street Lands. This Report identified the option to proceed with a
survey for the surplus lands along Ann Street and identify the buildability of the
lands.
4. Once the survey was prepared identifying the lands, at its August 15, 2024, meeting,
Council received Report CAO-31/24 re Survey and Consideration of Surplus Ann
Street Lands. This Report came back with the prepared survey and identified the
lands subject to an Official Plan and Zoning By-law Amendment in order to bring the
proposed residential lot in conformity with the planning policy framework. We are at
this stage.
5. As noted throughout previous Municipal Staff Report, any net proceeds derived from
the sale of these lands may be used for strategic ventures, such as extinguishing
the balance of the HMCS Ojibwa principal when the term renews in March 2025.
ARCADIS MEMORANDUM
Municipality of Bayham – October 9, 2024
2
Subject Property and Surrounding Area
6. The subject lands are located on the south side of Ann Street, west of Oak Street.
The lands are legally identified as Part of Snow Street, Registered Plan 54, in the
Village of Vienna. The subject lands, to be created as a new residential lot and
currently an unopened road allowance, can be described as a rectangular-shaped
lot with an approximate Lot Frontage of 15.2 metres (49.9 ft) and Lot Area of 804.5
m2 (8,659.5 ft2). The subject lands are currently vacant (grassed) with no existing
buildings/structures.
7. The subject property is currently not designated in Schedule ‘C’: Vienna Land Use
and Constraints, as unopened road allowances do not have a land use designation
in the Official Plan. The western portion of the subject property is zoned ‘Institutional
(I)’, and the eastern portion of the subject property is zoned ‘Village Residential 1
(R1)’ in Schedule ‘H’ (Vienna) of the Municipality of Bayham Zoning By-law Z456-
2003.
8. The surrounding lands are predominantly residential with single-detached dwellings,
notably to the north, south, and east. To the immediate west of the subject lands is
the Vienna Community Park, which consists of playground equipment, pickle ball
court, soccer field, basketball court and a pavilion.
Public Comments
9. A statutory Public Meeting was held on October 3rd, 2024. One (1) written
correspondence and one (1) delegate providing verbal feedback from the public was
received. The written correspondence, dated September 19, 2024, expressed their
approval of the decision to designate the subject lands to residential, as this would
repurpose and maximize use of the existing space. The delegate that virtually
attended the meeting verbally expressed concern over designating the existing
institutional space to residential, noting a loss in parkland within Bayham and that a
strategic plan should implemented prior to a decision to take inventory of existing
parkland and creation of new parkland in the Municipality of Bayham.
Provincial Policy Statement (2020)
10. The Provincial Policy Statement (PPS) indicates that settlement areas should be
the focus of growth and development and their vitality and regeneration should be
promoted; and intensification and redevelopment where municipal water and sewer
are available should be promoted.
Comment: The proposed Official Plan and Zoning By-law Amendment to facilitate
a new residential lot is consistent with the PPS, as it focuses growth on vacant lands
ARCADIS MEMORANDUM
Municipality of Bayham – October 9, 2024
3
within an existing settlement area where municipal water and sewer services are
available.
Provincial Planning Statement (2024)
11. We have reviewed this Official Plan and Zoning By-law Amendment Application in
relation to the proposed new Provincial Planning Statement (PPS), which is
intended replace the existing PPS (2020) and Growth Plan for the Greater Golden
Horseshoe. The new PPS will be in-force and effect on October 20, 2024, therefore,
any decision made on Planning Act application after October 20 will need to be
consistent with the new PPS. The County of Elgin, being the approval authority for
Local Official Plan Amendments, will make a decision on this application after
October 20, 2024; therefore, the following analysis is provided.
12. The new PPS, notably Section 2.3, states that settlement areas should be the focus
of growth and development and that the planning authorities shall support general
intensification and redevelopment to support the achievement of complete
communities.
Comment: The proposed Official Plan and Zoning By-law Amendment to facilitate
a new residential lot is consistent with the new PPS, as it focuses growth on vacant
lands within an existing settlement area where municipal water and sewer services
are available. The proposal facilitates intensification, in this case the development
of vacant lands and/or underutilized lots, for new residential development.
County of Elgin Official Plan
13. The current and approved County of Elgin Official Plan identifies the Village of
Vienna as a ‘Tier 1’ Settlement Area, as per Schedule ‘A’ – Land Use. Tier 1
Settlement Areas have full servicing and allow for a broad range of uses, whereby
majority of the new growth should be directed within these areas. Section C of the
County of Elgin Official Plan provides a number of policies supporting residential
development and efficient use of infrastructure.
Comment: It is our opinion that the proposed Official Plan and Zoning By-law
Amendment to facilitate the creation of a new residential lot conforms with the
County of Elgin Official Plan policies, notably with respect to Tier 1 Settlement Area
policies. The proposed residential lot will make efficient use of vacant lands in the
urban boundary, as well as efficient use of existing municipal water and wastewater
infrastructure. The proposal aims to contribute to the housing supply within the
Village of Vienna, which will support the broad range of non-residential uses in the
surrounding area.
ARCADIS MEMORANDUM
Municipality of Bayham – October 9, 2024
4
Municipality of Bayham Official Plan
14. The subject lands, being a road allowance, do not have a formal land use
designation in Schedule ‘C’: Vienna Land Use and Constraints. As such, an Official
Plan Amendment is required to designate the lands to ‘Residential’ in order to
facilitate the creation of a new residential lot.
15. Section 4.2.1.2 of the Official Plan provides direction with respect to ‘General
Policies Applicable to all Settlement Areas’, specifically for new urban development.
More specifically, this policy states that the Municipality will place the highest priority
on the location of new urban development in areas of the Municipality where full
municipal services are readily available.
Comment: It is our opinion that the proposed Official Plan Amendment and Zoning
By-law Amendment will facilitate the creation of a new residential lot on lands that
are vacant and currently an unopened road allowance. The future dwelling on the
residential lot will be on full municipal servicing, thus prioritizing areas in the
Municipality where such servicing is readily available.
16. Section 4.2.2.1 of the Bayham Official Plan also encourages new residential
development within existing settlement areas, like the Village of Vienna, by filling in
the vacant areas and locating new residential development adjacent to existing built-
up areas in a compact and contiguous fashion. Further, Section 4.2.4 of the Official
Plan provides further direction with respect to the ‘Intensification and
Redevelopment’ within settlement area boundaries on vacant or underutilized sites
in order to efficiently utilize designated settlement area land and available municipal
services.
Comment: It is our opinion that the proposed Official Plan Amendment and Zoning
By-law Amendment will make efficient use of a vacant area within the Village of
Vienna, thus providing housing on full municipal servicing. The proposed residential
lot will also be compatible with the existing residential development in the
surrounding area, notably along Ann Street and Oak Street to the east.
17. Section 4.5.1.1 of the Official Plan provides general policy direction with respect to
“Villages” in the Municipality of Bayham. The villages of Port Burwell and Vienna
have the capability of accommodating urban types of development on full municipal
services including piped water and sewerage facilities
Comment: It is understood that the proposed residential lot will connect to full
municipal servicing from Ann Street, being located in the Village of Vienna where
full servicing is available..
ARCADIS MEMORANDUM
Municipality of Bayham – October 9, 2024
5
18. Section 4.5.2 of the Official Plan, pertaining to the ‘Residential’ land use designation
in Villages, states that the primary use of land in settlement areas is intended for
single-detached dwellings or other low-density types of dwellings. Further, Section
4.5.2.1 indicates that proposals for new dwelling lots should target a gross density
of 20 units per hectare (uph) and shall be serviced with municipal sewer and water.
Comment: The proposed residential lot to be designated ‘Residential’ and zoned
‘R1’ will permit the development of a future single-detached dwelling (or other form
of low-density dwelling) on municipal sewer and water.
19. Section 4.5.2.8 of the Official Plan provides the following criteria regarding proposals
for new single unit and two unit dwellings in the ‘Residential’ land use designation:
a) Lot frontage, depth and size: The lot frontage, lot depth, and lot size of any lots
proposed to be used or created for residential purposes shall be appropriate to
the development being proposed and consistent, wherever desirable and
feasible, to adjacent and surrounding lots. In no case shall lots be created or
dwelling units constructed which do not conform to the provisions of the Zoning
By-law unless the By-law is otherwise amended or a variance granted.
Comment: The proposed lot frontage, depth, and size of the proposed
residential lot are consistent with the surrounding residential parcels. The
proposed lot would meet the minimum lot area and lot frontage requirements for
the R1 Zone, as per Municipality of Bayham Zoning By-law.
b) Natural Features: Natural site features including vegetation, tree cover, and
topography shall be protected, enhanced, and incorporated into the design of
the proposed development to the greatest extent possible.
Comment: There are no sensitive natural features identified on the subject
property, as per the Official Plan Schedules.
c) Design: Innovative housing design and site layout including energy-saving
measures will be encouraged. To achieve energy savings, particular regard shall
be had to building form and size, density, lot and building orientation, and on-
site landscaping.
Comment: Acknowledged and to be determined at the Building Permit
Application stage.
d) Open space: Open space including parkland shall be provided in accordance
with the policies of Section 4.5.8.
Comment: Acknowledged and to be determined at the Building Permit
Application stage.
ARCADIS MEMORANDUM
Municipality of Bayham – October 9, 2024
6
e) Adjacent and surrounding land use: The proposed development shall be
compatible with existing (or proposed) neighbouring land uses. Where
necessary or desirable, the proposed development shall be adequately
screened from adjacent land uses by the provision of landscaping and/or
buffering.
Comment: Details pertaining to the future dwelling on the proposed residential
lot will be reviewed at the Building Permit Application stage, once submitted by
the future applicant/owner.
f) Facilities and services: Existing or proposed municipal services (including
potable water supply, sanitary sewage treatment and disposal, solid waste
disposal, storm and surface drainage, roads, sidewalks, and street lighting) shall
be adequate to serve the proposed development. If these services or facilities
are deemed inadequate, the Municipality may require that an agreement be
entered into with the developer as to the design and cost apportionment of any
public works required to bring these services or facilities up to the appropriate
standard.
Comment: It is understood that the existing municipal servicing is adequate for
the proposed residential lot and servicing connections will be undertaken for the
proposed residential lot.
g) Storm drainage: Adequate provision for stormwater management/drainage and
surface runoff subject to the requirements of the Municipality, and the statutory
approval authority having jurisdiction, shall be provided. Where in the opinion of
the Municipality it is deemed necessary or desirable, the Municipality may
require the submission of a grading plan and/or stormwater management plan
to ensure surface water runoff does not adversely affect neighbouring properties
or receiving watercourses.
Comment: At the Building Permit Application stage, the future applicant/owner
is responsible for adequate provision of stormwater management/drainage and
surface runoff subject to the requirements of the Municipality, including the
submission of a grading plan and/or stormwater management plan to ensure
surface water runoff does not adversely affect neighbouring properties or
receiving watercourses.
h) Vehicular access: Vehicular access shall be available or made available from a
public highway or public street of reasonable construction and maintenance to
permit year round access and shall be subject to the approval of the
authority(ies) having jurisdiction. In no case shall access be permitted where
traffic hazards could result due to poor sight lines or proximity to a traffic
ARCADIS MEMORANDUM
Municipality of Bayham – October 9, 2024
7
intersection. In new residential subdivisions, the use of a curvilinear street
pattern, cul-de-sacs, and other similar design features to minimize through traffic
movements shall be encouraged.
Comment: An access permit will be required for the proposed residential lot
along Ann Street. This is identified as a ‘Local Road’. It is our opinion that a new
access along Ann Street would not have adverse impacts, as the street is
straight.
i) The Planning Act: In the case of a residential subdivision, all matters contained
within Section 50 and 51 of the Planning Act as amended or revised from time
to time shall be complied with.
Comment: Not applicable, as a residential subdivision is not proposed.
Based on the above, the proposed Official Plan and Zoning By-law Amendment is
in conformity with the criteria listed in Section 4.5.2.8 of the Official Plan.
Municipality of Bayham Zoning By-law
20. The subject lands, being a road allowance, do not have a formal zone in Schedule
‘H’ (Vienna) of the Zoning By-law. However, Section 3.8.e) of the Zoning By-law
states the following:
In the event a road, street, lane or railway right-of-way shown on the zoning maps
is closed, the land formerly in said road or right-of-way shall be included within
the zone of the adjoining land on either side of the said closed road or right-of-
way, and the zone boundary shall be the former centre line of the said closed road
or right-of-way
Therefore, the western portion of the subject property is zoned ‘Institutional (I)’,
being that the adjacent lands to the west are zoned ‘I’. The eastern portion of the
subject property is zoned ‘Village Residential 1 (R1)’, being the adjacent lands are
zoned ‘R1’.
21. The ‘I’ Zone does not permit the development of stand-alone residential
development. Therefore, a Zoning By-law Amendment is required to rezone the
western portion of the subject property from ‘I’ to ‘R1’ in order to permit the proposed
residential lot.
22. The proposed residential lot, being in the Village of Vienna on full municipal
servicing, will meet the Minimum Lot Frontage requirement of 15.0 metres (49.2 ft)
for the R1 Zone, as a Lot Frontage of 15.2 metres (49.9 ft) is proposed. Further, the
proposed residential lot will meet the Minimum Lot Area requirement of 800.0 m2
(8,611.1 ft2) for the R1 Zone, as a Lot Area of 804.5 m2 (8,659.5 ft2) is proposed. All
provisions of the Zoning By-law will be met and zoning compliance for a new
ARCADIS MEMORANDUM
Municipality of Bayham – October 9, 2024
8
residential dwelling will be determined at the future Building Permit Application
stage. It is our opinion that the proposed Zoning By-law Amendment is appropriate
and will conform to the policies of the Official Plan, as residential development on
full municipal servicing is strongly encouraged. The subject lands are also
surrounded by existing residential development and lots that are of similar size and
nature in the immediate area.
Conclusion and Recommendations
23. Based on our review, Arcadis has no objection to the proposed Official Plan
Amendment to designate the subject lands to the ‘Residential’ land use designation,
and the proposed Zoning By-law Amendment to rezone the subject lands from
‘Institutional (I)’ Zone to ‘Village Residential 1 (R1)’ Zone to facilitate the creation of
a new residential lot.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
AMENDMENT NO. 38
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Municipality of Bayham
Part of Snow Street, Registered Plan 54
The following text constitutes Amendment No. 38 to the Official Plan of the Municipality of Bayham
OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2024-063, in accordance with Section 17 of the PLANNING ACT, on the 17th day of October 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-063
THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows:
1) THAT Amendment No. 38 to the Official Plan of the Municipality of Bayham is hereby adopted.
2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 38 to the Official Plan of the Municipality of Bayham.
3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County.
ENACTED AND PASSED this 17th day of October 2024.
MAYOR CLERK
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 38
1. PURPOSE
The purpose of the Official Plan Amendment is to designate the subject property to the
‘Residential’ land use designation in order to facilitate the creation of a new residential
lot. The subject lands, being an unopened road allowance, currently do not have an
associated land use designation in the Official Plan on Schedule ‘C’: Vienna Land Use
and Constraints. Therefore, in order to permit residential development on the subject
lands, an Official Plan Amendment is required to designate the lands accordingly.
The Official Plan Amendment also would facilitate the concurrent Zoning By-law
Amendment Application to rezone the subject lands from ‘Institutional (I)’ Zone to ‘Village
Residential 1 (R1)’ Zone to permit residential development on the future lot.
The subject lands are identified as municipal-owned lands available for surplus and sale
as developable, residential lots. The purpose is to sell the proposed new residential lot,
and that any net proceeds derived from the sale of these lands may be used for strategic
ventures, such as extinguishing the balance of the HMCS Ojibwa principal when the
term renews in March 2025.
2. LOCATION
The Official Plan Amendment will be applicable to lands known as Part of Snow Street,
Registered Plan 54, in the Village of Vienna.
3. BASIS OF THE AMENDMENT
The subject lands are characterized as a vacant (grassed) space, being an unopened
road allowance, located immediately south of Ann Street, and are legally identified as
Part of Snow Street, Registered Plan 54, in the Village of Vienna.
The subject lands to be redesignated can be described as a rectangular shaped parcel
with an approximate lot area of 804.5 square metres (8,659.5 square feet), estimated lot
frontage of 15.2 metres (49.9 feet) along Ann Street, and an estimated lot depth of 53.0
metres (173.9 feet). The surrounding lands are predominantly residential with single-
detached dwellings, notably to the north, south, and east. To the immediate west of the
subject lands is the Vienna Community Park, which consists of playground equipment,
pickle ball court, soccer field, basketball court and a pavilion.
The proposed amendment is consistent to intensification of development policies within
settlement areas with municipal water and sewer services in the Provincial Policy
Statement, 2020 (hereafter “PPS”), as well as the new Provincial Planning Statement
(2024, in-force and effect on October 20, 2024). As per the 2020 PPS, Section 1.1.3.1
directs growth and development to settlement areas; and Section 1.1.3.6 indicates that
new development should occur in settlement areas adjacent to the built-up area and
should have a compact form, mix of uses and densities that allow for the efficient use of
land, infrastructure and public service facilities.
The proposal is in conformity with the County of Elgin Official Plan policies for residential
intensification within a ‘Tier 1’ Settlement Area that is fully municipally serviced.
The proposal would provide for efficient use of underutilized, fully serviced settlement
area lands and conforms with the applicable policies of the Municipality of Bayham’s
Official Plan, particularly those relating to residential intensification within settlement
areas and access to full municipal servicing.
4. DETAILS OF THE AMENDMENT
a) Schedule ‘C’ of the Municipality of Bayham Official Plan is hereby amended by changing
the symbol for land use designation to “Residential” for the lands outlined in bold on the
following attached Schedule.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z792-2024
MUNICIPALITY OF BAYHAM
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 ‘H’ (Vienna) by changing the zoning symbol on the lands from ‘Institutional (I)’ Zone to ‘Village Residential 1 (R1)’ Zone, which lands are outlined in heavy solid lines
and marked “R1” on Schedule ‘H’ (Vienna) to this By-law, which schedule is attached to and forms part of this By-law.
2) 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.
c) Where Official Plan Amendment No.38 comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended.
READ A FIRST TIME AND SECOND TIME THIS 17TH DAY OF OCTOBER 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF OCTOBER 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: October 17, 2024
REPORT: DS-76/24 FILE NO. C-07 / D08
SUBJECT: BAYHAM OFFICIAL PLAN REVIEW 2024 – SHAPING OUR FUTURE
RESPONSE TO AUGUST 29TH SPECIAL COUNCIL MEETING QUESTIONS AND
COMMENTS BACKGROUND
At its August 29, 2024 Special Council meeting, Council received a presentation by Arcadis staff
whereby they presented “Bayham Official Plan Review – Shaping Our Future Progress Report #1
– Phase Two” and an introduction to the Preliminary Settlement Area Changes with respect to the
ongoing Bayham Official Plan Conformity Review and passed the following resolution:
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the presentation from the Arcadis Project Team re Bayham Official Plan Review –
Shaping our Future: Progress Report #1 (Phase Two – Consultation & Policy Review) be
received for information;
AND THAT the property owners who may be impacted by possible settlement boundary
adjustments be contacted as a part of the Official Plan Conformity Review engagement
process.
DISCUSSION As a result of Council’s feedback and subsequent senior staff discussions, significant settlement area boundary changes have been removed from the proposed draft amendments. To provide explanation and direction, Arcadis has provided a memorandum, dated October 8, 2024, regarding “Bayham Official Plan Review - Shaping our Future - Response to August 29th Special
Council Meeting Questions and Comments”. The memo addresses Council’s comments and questions regarding the Land Needs Analysis, as well as Arcadis’ proposed Updated
Staff Report DS-76/24 Response to August 29th 2
Preliminary Settlement Area Boundary Changes. The changes to Settlement Area boundaries has been greatly reduced to a very limited number of revisions proposed to be included in the
First Draft Official Plan document coming forward in November. 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 strategically encouraging urban development and growth 2.2: Quality of Life > To ensure through planning and related strategies, a diversity of affordable housing opportunities that meet the needs of new and current residents.
Initiative(s): Encourage the development of affordable housing, where applicable Review the Official Plan Encourage a mix of housing types in any proposed development
ATTACHMENTS:
1. Arcadis Memorandum, dated October 8, 2024 RECOMMENDATION THAT Report DS-76/24 re Bayham Official Plan Review – Shaping our Future – Response to August 29th Special Council Meeting Questions and Comments be received for information. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 519 585-2255
Arcadis Professional Services (Canada) Inc.
Agenda / Memorandum
To/Attention Thomas Thayer, CAO Date October 8, 2024
From Christian Tsimenidis, BES
cc Victor Labreche, MCIP, RPP
Emily Schnittke
Subject Bayham Official Plan Review - Shaping our Future Response to August 29th Special Council Meeting Questions and Comments
BACKGROUND AND PURPOSE
On August 29th, 2024, a Special Council Meeting was held with Arcadis Staff and the Municipality
of Bayham Council to provide a Progress Report and introduction to the Preliminary Settlement
Area Changes with respect to the ongoing Bayham Official Plan Review project. As a result of the
discussion and feedback received from Council, the following Memo was prepared to address the
following topics:
1. Land Needs Analysis
2. Updated Settlement Area Boundary Changes
LAND NEEDS ANALYSIS (Prepared on behalf of Elgin County)
Hemson Consulting prepared a Land Needs Analysis, dated June 10, 2022, on behalf of the
County of Elgin to support their Official Plan Review and to be considered within the Byham
Official Plan Review. As per the recommendation of the Land Needs Analysis, the County of Elgin
identified in their newly adopted Official Plan that the Municipality of Bayham has a designated
residential land surplus of 93.2 hectares. In other words, Bayham has 93.2 hectares of
residentially designated lands MORE than what is required to accommodate the projected
population growth of 1,270 people from 2021-2051.
At the Special Council Meeting, Council had several questions and comments regarding the Land
Needs Analysis and how it could inform proposed Settlement Area boundary changes to be
considered within the Bayham Official Plan Review. The following table provides on overview of
Councils questions regarding the Land Needs Analysis and Arcadis’s associated response:
ARCADIS MEMORANDUM
Thomas Thayer, CAO – October 8, 2024
2
In addition to the above noted questions from Council, the table below provides an overview of
the projected housing and population statistics from 2021-2051 for the Municipality of Bayham
in the Land Needs Analysis:
Council Question Arcadis Response
What is the Municipality of
Bayham’s total
developable land?
Table 12 of the Land Needs Analysis states that Bayham has
122.8 hectares of “Developable Residential Land” in the Tier 1
Settlement Areas (i.e. Vienna and Port Burwell, being on full
servicing). “Developable Residential Land” means the vacant
land supply for residential lands in the settlement areas. The
Report did not identify “Developable Residential Land” for Tier 2
and Tier 3 Settlement Areas in Bayham, which means the 122.8
hectares only applies to Vienna and Port Burwell. It is our
understanding that the Lands Needs Analysis did not take into
account infill, redevelopment opportunities or Additional
Residential Units.
How much land did the
County of Elgin determine
that the Municipality of
Bayham will need and/or
use over 25 years?
Of the 122.8 hectares of “Developable Residential Lands” noted
above, the Report identified that Bayham requires a total of 29.6
hectares of residential land to meet growth forecasts to 2051.
This means Bayham has a 93.2 hectare surplus of designated
residential land (122.8 – 29.6 = 93.2).
Is the 93.2 hectares of
residential surplus land
over the span of 25 years?
The 93.2 hectares surplus of designated residential land is over
a 30 year period (2021-2051).
Is it guaranteed we will get
the removed parcels
within the settlement area
boundaries back?
It is highly unlikely that the parcels removed will get added back
into the Settlement Area boundaries until a future Official Plan
Review is undertaken or Provincial policy and/or legislative
changes dictate otherwise. There would have to be a justified
need for potential modifications to settlement boundaries.
Is the Provincial Park
accounted for in the 93.2
hectares?
The Port Burwell Provincial Park is protected under the
Provincial Park and Conservation Reserves Act as part of the
natural heritage system and was therefore not accounted within
the 93.2 hectares of residential land surplus. The 93.2 hectares
only pertains to lands that are designated residential.
ARCADIS MEMORANDUM
Thomas Thayer, CAO – October 8, 2024
3
Criteria Statistic
Household Growth (Table 6) 690 units TOTAL (across all Settlement
Areas and Rural Areas)
Housing Growth Through Intensification within
the Existing Built-Up Area (Table 15)
This refers to development on underutilized lands in
the existing settlement areas.
104 units (within the projected 690 units)
New Housing in Tier 3 Settlement & Rural
Areas (Table 16)
This refers to growth in Corinth, North Hall,
Richmond, Calton, as well as the rural/agricultural
areas.
69 units (within the projected 690 units)
Household Growth in Designated Growth
Areas (Table 17)
This refers to growth on lands within the existing
settlement areas on land that has not yet been fully
developed.
518 units (within the project 690 units)
Population Growth (Table 8) 1,270 people (this growth is derived from
the projected 690 units noted above)
Developable Residential Land (Table 12)
This refers to the total vacant land supply for
residential lands in the Tier 1 Settlement Areas.
122.8 hectares TOTAL
Developable Land Need (Table 19)
This refers to the land needed to accommodate the
project population growth.
29.6 hectares (within the 122.8 hectares of
Developable Residential Land)
Surplus of Land Need (Table 19)
This refers to the surplus of residential land that
exceeds what is required to accommodate the
projected population growth.
93.2 hectares (within the 122.8 hectares of
Developable Residential Land)
UPDATED SETTLEMENT AREA BOUNDARY CHANGES
Based on the discussion and feedback Arcadis received at the Special Council Meeting regarding
the proposed removal and expansions of the current settlement area boundaries, Arcadis is
recommending that we DO NOT proceed with the proposed boundary changes presented
ARCADIS MEMORANDUM
Thomas Thayer, CAO – October 8, 2024
4
on August 29th. The Bayham Official Plan Review is ultimately a “conformity exercise”, as we are
proposing to ensure that the Bayham Official Plan is consistent the new Provincial Planning
Statement (to be in-force and effect on October 20th, 2024) and conform with the newly adopted
County of Elgin Official Plan.
As part of the County of Elgin Official Plan Review process, the County did not alter the settlement
area boundaries in Bayham, despite the information noted in the Land Needs Analysis indicating
a 93.2 hectare surplus of residential land. Therefore, given this is a “conformity exercise”, Arcadis
intends to maintain the existing settlement area boundaries with minor revisions, in
conformity with the adopted County of Elgin Official Plan Schedules/Mapping.
Therefore, as an alternative to the proposed changes at the Special Council Meeting, Arcadis
intends to make the following three (3) changes to the Settlement Areas for the First Draft
Official Plan document:
1. Port Burwell Provincial Park
Given that Port Burwell Provincial Park is a part of the natural heritage system and is
protected under the Provincial Park and Conservation Reserves Act, Arcadis’s decision to
remove Port Burwell Provincial Park from the Village of Port Burwell remains the same
and will therefore be removed from the Port Burwell Settlement Area. This is noted in
Figure 1 enclosed with this Memo.
2. ‘Minor’ Boundary Adjustments and Clerical Amendments
‘Minor’ Boundary Adjustments
Multiple residential parcels within existing Settlement Areas have portions located both
within and outside settlement area boundaries. The entirety of these residential parcels
should be included within the Settlement Areas in order to accurately reflect current
residential lot configurations.
Therefore, Arcadis recommends the minor “rounding out” of existing residential parcels
with portions of the parcel located outside of the Settlement Area Boundary. The following
residential parcels require a minor boundary adjustment to be included in the existing
Settlement Area boundaries and are noted in Figures 2 and 3 enclosed with this Memo.
Settlement Area Civic Address
Hamlet of Corinth 11147, 11161 and 11185 Culloden Road
Hamlet of Richmond 53708, 53710, 53714 and 53768 Heritage Line
ARCADIS MEMORANDUM
Thomas Thayer, CAO – October 8, 2024
5
Clerical Amendments
In addition to the minor boundary adjustments, clerical amendments are required to re-
designate lands within the existing Settlement Areas that do not accurately reflect the
current use of the parcel.
Therefore, Arcadis recommends the following land use designation amendments to the
properties listed below which are noted in Figure 1 enclosed with this Memo:
Settlement Area Address(es) Current
Designation Proposed Designation
Port Burwell Concession 1, North Part
Lot 9 (Nova Scotia Ln)
‘Open Space’ ‘Agriculture’ and remove.
Port Burwell 55451 Nova Scotia Ln ‘Open Space’ ‘Institutional’ for front portion with
existing fire station and maintain
Port Burwell 55429 Nova Scotia Ln ‘Open Space’ ‘Residential’ for front portion with
existing single-detached dwelling
and maintain.
Port Burwell 1-12 Libbye Ave
127-130 Faye St
‘Residential’ ‘Specific Policy Area’ to recognize
existing residential use and
remove.
Port Burwell 3 Ashley Ave
1 Ashley Ave
‘Open Space’ ‘Specific Policy Area’ to recognize
existing residential use and
remove.
3. Specific Policy Areas for Servicing
There are a number of parcels identified within the Tier 1 (Vienna and Port Burwell) and
Tier 2 (Eden and Straffordville) Settlement Areas that are undeveloped and/or part of
larger agricultural lots. After discussions with Bayham Staff following the Special Council
Meeting, much of these lands are currently not serviced and/or require the extension or
upgrades of existing municipal water or sanitary services (or both) prior to development.
For example, it is understood that there is future capacity ‘concerns’ with respect to the
municipal sanitary systems servicing Eden and Straffordville, and that upgrades will be
required at some point in the future should development continue to occur on these
undeveloped.
In addition, the vacant residentially designated lands within Vienna, notably the lands north
of the Big Otter Creek, are currently not serviced by municipal water and sanitary servicing.
A Master Servicing Plan has never been prepared for these undeveloped lands and it is
therefore unknown at this time as to what specific upgrades or infrastructure is required to
meet the demand or capacity constraints to fully services these lands in the future.
As such, in order to ensure orderly development and that the necessary servicing
studies/reports/plans are completed prior to a Planning Act application being approved,
ARCADIS MEMORANDUM
Thomas Thayer, CAO – October 8, 2024
6
Arcadis is proposing “Specific Policy Areas” over these undeveloped and/or larger
agricultural lots within the Tier 1 and Tier 2 Settlement Areas. The Specific Policy Area
may read as follows:
Prior to the approval of new development, the Municipality of Bayham shall require
the preparation and approval of a Servicing Study, which shall demonstrate
available capacity of existing full or partial water and sanitary sewage systems,
and that the costs of any required upgrades or extensions of existing servicing
shall be at the expense of the applicant.
The text pertaining to the Specific Policy Areas would be included in the Official Plan
text/body for applicants and/or property owners to refer to. The Specific Policy Areas
would not create additional ‘barriers’ for an owner when submitting a development
application, it is simply a tool to inform them of the required servicing studies/reports/plans
required for their property. It is our opinion that the implementation of these Specific Policy
Areas in the Tier 1 and 2 Settlement Areas provides a level of “protection” for the
Municipality of Bayham’s existing servicing system, ensuring capacity and potential
constraints are identified prior to the approval of new development.
CONCLUSIONS AND RECOMMENDATIONS
The intent of this Memo was to address Council’s comments and questions regarding the Land
Needs Analysis, as well as Arcadis’s proposed Updated Preliminary Settlement Area Boundary
Changes as a result of the Special Council Meeting and our discussions with Bayham Senior Staff
for the Bayham Official Plan Review. Arcadis is proceeding with the above noted revisions
to the Settlement Area boundaries for the First Draft Official Plan document.
Should Council wish to evaluate the existing Settlement Area boundaries in the future, Arcadis
recommends that a separate study/review be undertaken following the approval of the new
Bayham Official Plan. There would be two (2) components, as the study would focus on: (1) a
detailed review of existing Settlement Area boundaries in coordination with; (2) a Master Servicing
Plan/Study. Investigation of funding sources to undertake such an exercise should be explored
by the Municipality in the future.
The review of the Settlement Area boundaries would consider, but not limited to:
• Tier 1 Settlement Areas – what is necessary for the lands to be serviced (forcemain,
pumping station, gravity). Where are existing services located, are there any constraints
for servicing (invert depth, size, location etc.).
• Tier 2 Settlement Areas – what is necessary to extend existing services and any
constraints. Are the boundaries appropriate.
• Tier 3 Settlement Areas – Are the boundaries appropriate.
The review of servicing (i.e. Master Servicing Plan/Study) would consider:
ARCADIS MEMORANDUM
Thomas Thayer, CAO – October 8, 2024
7
• Mapping existing municipal infrastructure.
• Identifying constraints/limitations.
• What is necessary for the logical extension of the service.
• Who benefits from the municipal services.
• What are the costs and funding model.
Should you have any questions or comments regarding the contents of this Memo, we strongly
encourage that you reach-out.
Sincerely,
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
October 2, 2024
RE: Southwest Community Transit Services
At its meeting held October 1, 2024 the Municipality of Lambton Shores Council adopted the
following resolution:
Whereas the County of Brant, Middlesex County, Municipality of Strathroy Caradoc, Norfolk County, Town of Tillsonburg, Municipality of East Zorra Tavistock, Grey County, Perth County, City of Stratford, Municipality of Lambton Shores, and Wellington County have successful utilized government funding to create and sustain local community transit through Southwest Community Transit; and
Whereas 85,000 riders have utilized the Southwest Community Transit services in the first have of 2024 alone, demonstrating significant community reliance on these services; and
Whereas the economic impact of this transit system is estimated to be $748,800,000 annually, largely due to its role in providing transportation to employment opportunities;
and
Whereas the current funding for this critical small urban and rural inter-community transit service is set to expire in March 2025, putting the sustainability of the service at risk:
Therefore be it resolved that (your municipalities name here) council urges the provincial government to continue funding Southwest Community Transit beyond March 2025 to ensure the ongoing viability of this essential service for small urban and rural Ontario
Be it further resolved that this resolution be circulated to the County of Brant, Elgin County, Middlesex County, Norfolk County, Oxford County, Municipality of Strathroy Caradoc, Town of Tillsonburg, Municipality of East Zorra Tavistock, Perth County, City of Stratford, Municipality of Lambton Shores, Wellington County, Bruce County, Municipality of Bayham, Municipality of Thames Centre and other relevant stakeholders for their support and advocacy.
Sincerely,
Stephanie Troyer-Boyd, Dipl. M.M.
Director of Corporate Services
LINDSEY A. MANSBRIDGE, CLERK 21 Reeve Street, PO Box 1614 Woodstock, ON N4S 7Y3
519.539.9800, ext. 3017 1.800.755.0394 oxfordcounty.ca
October 2, 2024
VIA EMAIL RE: Southwest Community Transit Services At its meeting held September 25, 2024 Oxford County Council adopted the following resolution: Moved By: Bernia Martin Seconded By: Deb Gilvesy Resolved that correspondence from the South Central Ontario Region Economic Development Corporation (SCOR) dated September 17, 2024, be received, and;
Whereas the County of Brant, Middlesex County, Municipality of Strathroy Caradoc, Norfolk County, Town of Tillsonburg, Municipality of East Zorra-Tavistock, Grey County, Perth
County, City of Stratford, Municipality of Lambton Shores, and Wellington County have successful utilized government funding to create and sustain local community transit through Southwest Community Transit; and Whereas 85,000 riders have utilized the Southwest Community Transit services in the first half of 2024 alone, demonstrating significant community reliance on these services; and Whereas the economic impact of this transit system is estimated to be $748,800,000 annually, largely due to its role in providing transportation to employment opportunities; and Whereas the current funding for this critical small urban and rural inter-community transit service is set to expire in March 2025, putting the sustainability of the service at risk; Therefore, be it resolved that County of Oxford Council urges the provincial government to
continue funding Southwest Community Transit beyond March 2025 to ensure the ongoing viability of this essential service for small urban and rural Ontario.
Be it further resolved that this resolution be circulated to the County of Brant, Elgin County, Middlesex County, Norfolk County, Oxford County, Municipality of Strathroy Caradoc, Town of Tillsonburg, Municipality of East Zorra-Tavistock, Perth County, City of Stratford, Municipality of Lambton Shores, Wellington County, Bruce County, Municipality of Bayham, Municipality of Thames Centre and other relevant stakeholders for their support and advocacy. Thank you, Lindsey A. Mansbridge Clerk CC: Oxford County Area Municipal Clerks
Resolution
The Corporation of the
Town of Cobourg
1
Honourable Doug Ford, Premier of Ontario Town of Cobourg
Premier of Ontario 55 King Street West,
Legislative Building Cobourg, ON, K9A 2M2 Queen’s Park clerk@cobourg.ca Toronto, ON M7A 1A1
Delivered via email
Doug.fordco@pc.ola.org October 4, 2024 premier@ontario.ca RE: Motion from Mayor Lucas Cleveland regarding Support of Involuntary Care for Individuals with Severe Mental Health and Addictions Issues
Please be advised that the Town of Cobourg Council, at its meeting held on September
25, 2024, passed the following resolution:
WHEREAS the Province of British Columbia has announced the creation of highly secure facilities to provide involuntary care for individuals with severe mental health and addictions issues under the Mental Health Act, including dedicated mental health units in correctional centres and regional secure care facilities; and
WHEREAS the Town of Cobourg, along with municipalities across Ontario, are facing growing challenges in addressing the complex needs of individuals with
severe mental health and addictions issues, which place a significant strain on local emergency services, healthcare systems, community resources, and public safety; and
WHEREAS individuals experiencing severe mental health and addictions issues often cannot voluntarily seek the care they need, and involuntary care, provided
with compassion and appropriate safeguards, can ensure they receive the necessary treatment to help stabilize their condition and improve community safety.
NOW THEREFORE BE IT RESOLVED THAT the Town of Cobourg supports the BC government's approach to providing secure, involuntary care for individuals
with severe mental health and addictions challenges, as a compassiqnate and necessary intervention for those unable to seek help on their own; and
FURTHER THAT the Town of Cobourg urges the Province of Ontario to implement similar measures to ensure that individuals with severe mental health and addictions issues in Ontario have access to secure, involuntary care when
necessary; and
Resolution
The Corporation of the
Town of Cobourg
2
FURTHER THAT this motion be forwarded to the Association of Municipalities of
Ontario (AMO), the Federation of Canadian Municipalities (FCM), The Premier,
Honourable David Piccini, MPP, all other Members of Provincial Parliament and
all Ontario municipalities to seek their endorsement and support.
Sincerely,
Kristina Lepik
Deputy Clerk/Manager, Legislative Services
cc. Association of Municipalities of Ontario (AMO);
the Federation of Canadian Municipalities (FCM);
Honourable, David Piccini, Minister of Labour, Immigration, Training and Skills
Development and Northumberland – Peterborough South MPP;,
All other Members of Provincial Parliament; and
All Ontario Municipalities
April 22, 2024
VIA ELECTRONIC MAIL The Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1
Dear Premier Ford: Re: Recommendations for Government Regulation of Nicotine Pouches
In July 2023, Health Canada gave approval to Imperial Tobacco Canada to sell Zonnic under the Natural Health Product Regulations as a Nicotine Replacement Therapy (NRT) product. Consequently, Zonnic is sold under the
Health Canada approval without adhering to the restrictions of the Federal
Tobacco and Vaping Products Act, 1997 and the Smoke-Free Ontario Act, 2017.
Since this time, nicotine pouches have become widely available to youth. These flavoured pouches can be legally purchased by those under 18 years of age in Ontario. The unrestricted sale, display, and promotion of nicotine pouches contribute to accessibility, normalization, and potential health hazards. Nicotine is highly addictive and its use, in any form, is unsafe for children1 and youth2. Exposure to nicotine can have adverse effects on the developing brains of children and youth and increases the likelihood of
initiation and long-term use of tobacco2.
In March 2024, Public Health Sudbury & Districts released an advisory alert to local health system partners sharing concerns related to nicotine pouches. Additionally, letters were sent to education directors, educators, and parents to increase awareness of the availability and risks of nicotine pouches to children
and youth. At its meeting on April 18, 2024, the Board of Health for Public Health Sudbury & Districts took further action and carried the following resolution #26-24:
The Honourable Doug Ford April 22, 2024
Page 2
WHEREAS Health Canada approved nicotine pouches for sale under the Natural Health Product regulations providing no restrictions on advertising or sale to children and youth;
and
WHEREAS the unrestricted sale, display, and promotion of nicotine pouches contribute
to their accessibility, the normalization of nicotine use, and potential health hazards; and
WHEREAS nicotine is highly addictive and its use, in any form, is unsafe for children and
youth; and
WHEREAS exposure to nicotine can have adverse effects on the developing brains of
adolescents and young adults and increases the likelihood of initiation and long-term use
of tobacco products; and
WHEREAS the emergence of nicotine pouch products occurred rapidly without requiring
adherence to the restrictions of the federal Tobacco and Vaping Products Act, 1997, and
the Smoke-Free Ontario Act, 2017; and
THEREFORE BE IT RESOLVED THAT the Board of Health for Public Health Sudbury & Districts strongly encourage Health Canada to take immediate action to close the
regulatory gap that permits the sale of nicotine pouches to youth under 18 years of age;
and
FURTHER THAT the Board of Health urge Health Canada to strengthen regulations to restrict the sale of new and emerging tobacco and nicotine products, ensuring that
nicotine availability to children and youth never occur again; and
FURTHER THAT the Board of Health for Public Health Sudbury & Districts strongly
encourage the Government of Ontario to exclusively sell nicotine pouches from behind pharmacy counters, limit their display in retail settings, and restrict their promotion,
especially to youth; and
FURTHER THAT the Government of Ontario expand the Smoke-Free Ontario Strategy
to create a comprehensive, coherent public health-oriented framework for the regulation
of vaping and all nicotine-containing products.
We strongly encourage the Government of Ontario to follow immediately the Government of British Columbia and the Government of Québec to exclusively sell nicotine pouches in pharmacies, specifically behind the counter. This decision reduces product availability, restricts their promotion, and limits their display in retail settings. Until tighter restrictions of nicotine pouches are implemented, the widely available and accessible product will continue to expose children and youth to nicotine. The Board of Health for Public Health Sudbury & Districts strongly encourages the Government of Ontario to expand the Smoke-Free Ontario Strategy to create a comprehensive, coherent public health-oriented framework for the regulation of vaping and all nicotine-containing products.
The Honourable Doug Ford April 22, 2024
Page 3
We thank you for your speedy attention to this important issue, and we continue to look forward
to opportunities to work together to promote and protect the health of Ontarians. Sincerely,
René Lapierre Chair, Board of Health
M. Mustafa Hirji, MD, MPH, FRCPC Acting Medical Officer of Health and Chief Executive Officer
cc: Honourable Mark Holland, Minister of Health of Canada Honourable Sylvia Jones, Deputy Premier and Minister of Health Honourable Ya’ara Saks, Canada’s Minister of Mental Health and Addictions and
Associate Minister of Health Honourable Michael Parsa, Minister of Children, Community and Social Services Yasir Naqvi, Parliamentary Secretary to the Minister of Health, Honorable Mark Holland Dr. Kieran Moore, Chief Medical Officer of Health of Ontario France Gélinas, Member of Provincial Parliament, Nickel Belt Jamie West, Member of Provincial Parliament, Sudbury Michael Mantha, Member of Provincial Parliament, Algoma-Manitoulin Viviane Lapointe, Member of Parliament, Sudbury All Ontario Boards of Health Association of Local Public Health Agencies
1 U.S. Department of Health and Human Services. (2014). “The Health Consequences of Smoking-50
Years of Progress: A Report of the Surgeon General.” https://www.ncbi.nlm.nih.gov/books/NBK294308/#ch5.s2
2 National Center for Chronic Disease Prevention and Health Promotion (US) Office on Smoking and Health. (2016). “E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General.” Retrieved on January 30, 2024 from www.cdc.gov/tobacco/sgr/ecigarettes/pdfs/2016_sgr_entire_report_508.pdf.
April 22, 2024
VIA ELECTRONIC MAIL The Honourable Mark Holland Minister of Health of Canada House of Commons Ottawa, Ontario K1A 0A6 Dear Minister Holland:
Re: Recommendations for Government Regulation of Nicotine Pouches In July 2023, Health Canada gave approval to Imperial Tobacco Canada to sell Zonnic under the Natural Health Product Regulations as a Nicotine
Replacement Therapy (NRT) product. Consequently, Zonnic is sold under the Health Canada approval without adhering to the restrictions of the Federal Tobacco and Vaping Products Act, 1997 and the Smoke-Free Ontario Act,
2017.
Since this time, nicotine pouches have become widely available to youth.
These flavoured pouches can be legally purchased by those under 18 years of age in Ontario. The unrestricted sale, display, and promotion of nicotine pouches contribute to accessibility, normalization, and potential health hazards. Nicotine is highly addictive and its use, in any form, is unsafe for children1 and youth2. Exposure to nicotine can have adverse effects on the developing brains of children and youth and increases the likelihood of initiation and long-term use of tobacco products2. In March 2024, Public Health Sudbury & Districts released an advisory alert to local health system partners sharing concerns related to nicotine pouches. Additionally, letters were sent to education directors, educators, and parents to
increase awareness of the availability and risks of nicotine pouches to children and youth.
At its meeting on April 18, 2024, the Board of Health for Public Health Sudbury & Districts took further action and carried the following resolution #26-24:
WHEREAS Health Canada approved nicotine pouches for sale under
The Honourable Mark Holland April 22, 2024
Page 2
the Natural Health Product regulations providing no restrictions on advertising or sale to
children and youth; and
WHEREAS the unrestricted sale, display, and promotion of nicotine pouches contribute
to their accessibility, the normalization of nicotine use, and potential health hazards; and
WHEREAS nicotine is highly addictive and its use, in any form, is unsafe for children and
youth; and
WHEREAS exposure to nicotine can have adverse effects on the developing brains of
adolescents and young adults and increases the likelihood of initiation and long-term use
of tobacco products; and
WHEREAS the emergence of nicotine pouch products occurred rapidly without requiring
adherence to the restrictions of the federal Tobacco and Vaping Products Act, 1997, and
the Smoke-Free Ontario Act, 2017; and
THEREFORE BE IT RESOLVED THAT the Board of Health for Public Health Sudbury & Districts strongly encourage Health Canada to take immediate action to close the
regulatory gap that permits the sale of nicotine pouches to youth under 18 years of age;
and
FURTHER THAT the Board of Health urge Health Canada to strengthen regulations to restrict the sale of new and emerging tobacco and nicotine products, ensuring that
nicotine availability to children and youth never occur again; and
FURTHER THAT the Board of Health for Public Health Sudbury & Districts strongly
encourage the Government of Ontario to exclusively sell nicotine pouches from behind pharmacy counters, limit their display in retail settings, and restrict their promotion,
especially to youth; and
FURTHER THAT the Government of Ontario expand the Smoke-Free Ontario Strategy
to create a comprehensive, coherent public health-oriented framework for the regulation
of vaping and all nicotine-containing products.
We applaud your pledge to take action to review the approval process for flavoured nicotine sales and advertising. We acknowledge the advisory Health Canada issued in March stating nicotine pouches should be used for nicotine replacement therapy in adults and the emphasis on keeping them out of reach of children and youth.
However, only until tighter restrictions of nicotine pouches are implemented, the widely available and accessible product will continue to expose children and youth to nicotine. The Board of Health for Public Health Sudbury & Districts strongly encourages the federal government to take immediate action to close the regulatory gap by restricting the sale of nicotine pouches to those under 18 years of age. We also support Health Canada in their assertion to halt the legal purchasing loophole and ensure that nicotine availability to children and youth never occurs with
new and emerging products.
The Honourable Mark Holland April 22, 2024
Page 3
We thank you for your attention to this important issue, and we continue to look forward to opportunities to work together to promote and protect the health of Canadians.
Sincerely,
René Lapierre Chair, Board of Health
M. Mustafa Hirji, MD, MPH, FRCPC Acting Medical Officer of Health and Chief Executive Officer cc: Honourable Doug Ford, Premier of Ontario Honourable Sylvia Jones, Deputy Premier and Minister of Health Honourable Ya’ara Saks, Canada’s Minister of Mental Health and Addictions and Associate Minister of Health
Honourable Michael Parsa, Minister of Children, Community and Social Services Yasir Naqvi, Parliamentary Secretary to the Minister of Health, Honorable Mark Holland Dr. Kieran Moore, Chief Medical Officer of Health of Ontario France Gélinas, Member of Provincial Parliament, Nickel Belt Jamie West, Member of Provincial Parliament, Sudbury Michael Mantha, Member of Provincial Parliament, Algoma-Manitoulin
Viviane Lapointe, Member of Parliament, Sudbury All Ontario Boards of Health Association of Local Public Health Agencies
1 U.S. Department of Health and Human Services. (2014). “The Health Consequences of Smoking-50 Years of Progress: A Report of the Surgeon General.” https://www.ncbi.nlm.nih.gov/books/NBK294308/#ch5.s2 2 National Center for Chronic Disease Prevention and Health Promotion (US) Office on Smoking and Health. (2016). “E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General.”
The Honourable Mark Holland April 22, 2024
Page 4
Retrieved on January 30, 2024 from www.cdc.gov/tobacco/sgr/ecigarettes/pdfs/2016_sgr_entire_report_508.pdf.
Friday, September 27, 2024
Sent via email premier@ontario.ca Hon. Doug Ford
Premier of Ontario Legislative Bldg, Rm 281 Queen's Park
Toronto, Ontario M7A 1A1 Dear Premier Ford, Re: Roadside Zoos Legislation On Sunday, August 18, 2024 the Western Ontario Wardens’ Caucus passed the following motion:
Moved by B. Clarke, seconded by K. Marriott: “THAT this report titled “Roadside Zoos” be received and filed; and THAT the Western Ontario Wardens’ Caucus pass the following resolution and forward to all 117
municipalities in Western Ontario; WHEREAS Ontario has more private non-native (“exotic”) wild animal keepers, roadside zoos, mobile
zoos, wildlife exhibits and other captive wildlife operations than any other province; and, WHEREAS the Province of Ontario has of yet not developed regulations to prohibit or restrict animal
possession, breeding, or use of non-native (“exotic”) wild animals in captivity; and, WHEREAS non-native (“exotic”) wild animals can pose very serious human health and safety risks, and attacks causing human injury and death have occurred in the province; and, WHEREAS the keeping of non-native (“exotic”) wild animals can cause poor animal welfare and suffering, and poses risks to local environments and wildlife; and, WHEREAS owners of non-native (“exotic”) wild animals can move from one community to another even after their operations have been shut down due to animal welfare or public health and safety concerns; and,
WHEREAS municipalities have struggled, often for months or years, to deal with non-native (“exotic”) wild animal issues and have experienced substantive regulatory, administrative, enforcement and
financial challenges; and, AND WHEREAS the Association of Municipalities of Ontario (AMO), the Association of Municipal
Managers, Clerks and Treasurers of Ontario (AMCTO) and the Municipal Law Enforcement Officers'
www.wowc.ca
Association (MLEOA) have indicated their support for World Animal Protection’s campaign for provincial regulations of non-native (“exotic”) wild animals and roadside zoos in letters to the Ontario
Solicitor General and Ontario Minister for Natural Resources and Forestry; THEREFORE, BE IT RESOLVED THAT the Western Ontario Wardens’ Caucus hereby petitions the provincial government to implement provincial regulations to restrict the possession, breeding, and use of non-native (“exotic”) wild animals and license zoos in order to guarantee the fair and consistent
application of policy throughout Ontario for the safety of Ontario’s citizens and the non-native (“exotic”) wild animal population; AND BE IT FURTHER RESOLVED that this resolution will be forwarded to all municipalities in Ontario for support and that each endorsement be then forwarded to the Premier of Ontario (premier@ontario.ca), Ontario Solicitor General (michael.kerzner@ontario.ca), Ontario Minister for
Natural Resources and Forestry (graydon.smith@ontario.ca ) and AMO (amo@amo.on.ca) , AMCTO (advocacy@amcto.com) , and MLEAO (mleo@mleoa.ca).” - CARRIED
Sincerely,
Glen McNeil, Chair, Western Ontario Wardens’ Caucus
cc: Hon Michael Kerzner, Solicitor General Hon. Graydon Smith, Minister for Natural Resources and Forestry Association of Municipalities of Ontario Association of Municipal Clerks and Treasurers Municipal Law Enforcement Officers' Association Western Ontario Muncipalities
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 September 4, 2024 Approved October 2, 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 Stewart Patterson Haldimand County Chris Van Paassen Norfolk County Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford
Regrets: Shelley Ann Bentley Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, 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 Hearing to order at 6:30 p.m., Wednesday, September 4, 2024. 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.
3. Hearing: LPRCA-104/24 – Ken and Susan Nieuwhof 4. Chair’s Opening Remarks
The Chair’s opening remarks were read and the guidelines and process to be followed for the hearing were reviewed.
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. Presentation by Long Point Region Conservation Authority Staff Leigh-Anne Mauthe introduced the applicant Susan Nieuwhof and builder, Sam Bunting, 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. 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 increase, 3. The control of flooding is affected by the development as the second storey area could be utilized as habitable space and would therefore put additional risk to life and property for both the occupants and emergency personnel and first responders.
Jim Palmer asked what engineering study is required to obtain approval. Leigh-Anne Mauthe replied there is usually modelling completed to address the hydro-dynamic forces. Michael Columbus and Stewart Patterson inquired about the process if the uninhabitable space becomes habitable and were advised that it can be inspected by the County Building Department. Doug Brunton asked for clarification of the flood elevation and Leigh-Anne Mauthe explained that the design flood elevation is 176.8m. 6. Presentation by the Applicant Sam Bunting addressed the board on behalf of the client requesting approval of the application. A presentation was submitted by the applicant in advance of the hearing and included in the agenda package. Staff and the proponent responded to questions from the Board. Peter Ypma asked if the existing boathouse was to be demolished. Mr. Bunting explained the existing walls will be retained, a second storey will be added, and there will be an addition to the backside. Chris Van Paassen noted that the engineered drawings did not include wet flood-proofing as required. Sam Bunting explained that those engineered blueprints will be submitted during the Norfolk County permitting stage. The members entered the closed session of the Hearing Board at 7:01 p.m. A-96/24 Moved by J. Palmer Seconded by P. Ypma 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
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 -
The LPRCA Hearing Board reconvened in open session at 7:18 p.m. The Chair advised Susan Nieuwhof that the permit has been approved with conditions. The Notice of Decision will be forwarded by staff. Adjournment
The Chair adjourned the Hearing at 7:19 p.m. _________________________________ ________________________________ Robert Chambers Judy Maxwell Chair General Manager/Secretary-Treasurer /dm
LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of September 4, 2024
Approved October 2, 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 Stewart Patterson Haldimand County Chris Van Paassen Norfolk County Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford Regrets: Shelley Ann Bentley Haldimand County Staff in attendance: Judy Maxwell, General Manager
Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Manager of Watershed Services Saifur Rahman, Manager of Engineering and Infrastructure
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 7:25 p.m., Wednesday, September 4, 2024. 2. Additional Agenda Items
A-97/24 Moved by M. Columbus
Seconded by J. Palmer
THAT the LPRCA Board of Directors adds an additional item to the closed meeting agenda
regarding litigation or potential litigation, including matters before administrative tribunals affecting the Authority. Carried 3. Approval of the Agenda
A-98/24 Moved by D. Brunton
Seconded by R. Weisler
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 -
THAT the LPRCA Board of Directors approves the agenda as amended. Carried 4. Declaration of Conflicts of Interest
None were declared. 5. Minutes of the Previous Meeting
a) Board of Directors Meeting Minutes - July 3, 2024
There were no errors or omissions. A-99/24 Moved by D. Beres Seconded by P Ypma
THAT the minutes of the LPRCA Board of Directors Meeting held July 3, 2024 be adopted as circulated. Carried 6. Business Arising a) Proposed 2026 LPRCA Budget Meeting (J. Mawell)
A-100/24 Moved by R. Weisler Seconded by M. Columbus
THAT the LPRCA Board of Directors approves scheduling the 2026 LPRCA Budget Meeting for Thursday, November 13, 2025. Carried 7. Review of Committee Minutes
a) Audit and Finance Committee Meeting - August 16, 2024
There were no errors or omissions. A-101/24
Moved by D. Beres Seconded by S. Patterson
THAT the minutes of the Audit and Finance Committee Meeting held August 16, 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
There was no correspondence to discuss.
9. Planning Department
a) Section 28 Regulations Approved Permits (L. Mauthe)
There were no questions or comments.
A-102/24 Moved by J. Palmer
Seconded by P. Ypma
THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated September 4, 2024 as information. Carried
10. New Business a) General Manager’s Report (J. Maxwell)
Judy Maxwell provided a report summarizing operations this past month. No questions or
comments were received from the Board. A-103/24
Moved by C. Van Paassen Seconded by R. Weisler That the LPRCA Board of Directors receives the General Manager’s Report for July and August
2024 as information. Carried b) Q2 Financial Report – June 30, 2024 (A. LeDuc)
The report was presented by Aaron LeDuc. There were no questions from the Board. A-104/24 Moved by T. Masschaele Seconded by P. Ypma THAT the LPRCA Board of Directors receives the Q2 Financial Report – June 30, 2024 for the
period up to and including June 30th, 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 -
c) LPRCA Purchasing Policy (A. LeDuc)
Aaron LeDuc reviewed the report. Dave Beres, Audit and Finance Committee Chair, informed the Board that the Committee reviewed the document in August and supports the draft Purchasing Policy.
A-105/24 Moved by D. Beres Seconded by C. Van Paassen
THAT the Staff Purchasing Policy and Tendering Regulations Part 1 Section 14 of the LPRCA Personnel Policy be removed:
And,
THAT the Draft Purchasing Policy be approved as presented. Carried d) Draft Watershed-based Resource Management Strategy (J. Maxwell)
Judy Maxwell reviewed the Draft Watershed-based Resource Management Strategy and invited the Board to complete the online survey or attend the Public Consultation on October 1, 2024 6:30 p.m. to 8:00 p.m. to provide feedback.
Chris Van Paassen questioned the action item under the Flood Forecasting and Warning Program to “Develop an outreach program for property owners”. Chris suggested that it could be updated to say “Work with EMS to develop an outreach program”. Long Point Region
Conservation Authority provides technical support to municipal officials to develop an outreach program. A-106/24 Moved by R. Weisler Seconded by J. Palmer
THAT the LPRCA Board of Directors receives the draft Watershed-based Resource Management Strategy as information;
AND,
THAT LPRCA Board of Directors directs staff to undertake public consultation on the draft Strategy; AND,
THAT the LPRCA Board of Directors send a letter to participating municipalities to advise them
of the consultation period for the draft Strategy. 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 - 5 -
e) Draft Conservation Land Strategy (Judy Maxwell)
Judy Maxwell presented a summary of the Draft Conservation Land Strategy noting that Conservation Ontario worked with all of the conservation authorities as a group to create consistency in the land classifications.
Chris Van Paassen suggested expanding on the collaborative efforts with partners and other organizations mentioned on agenda page 127. A-107/24 Moved by C. Van Paassen Seconded by T. Masschaele
THAT the LPRCA Board of Directors receives the draft Conservation Land Strategy as information;
AND, THAT LPRCA Board of Directors directs staff to undertake public consultation on the draft
Strategy; AND,
THAT the LPRCA Board of Directors send a letter to participating municipalities to advise them of the consultation period for the draft Strategy. Carried f) Lee Brown Waterfowl Management Area – Capital Reserve (J. Maxwell)
The report was presented and reviewed by Judy Maxwell.
Peter Ypma asked if this change would reduce expenses from the general budget. In reply, Judy Maxwell stated that the budget would not change. This is similar to the capital reserve established for park equipment purchases and replacements from the operations surplus. A-108/24 Moved by M. Columbus
Seconded by D Brunton THAT the LPRCA Board of Directors receives the LBWMA Capital Reserve report as information; AND, THAT the LPRCA Board of Directors approves an increase to 70% of LBWMA surplus be
transferred at year-end to the LBWMA Capital Reserve. 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 - 6 -
11. Closed Session
A-109/24 Moved by J. Palmer Seconded by D. Beres
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 members entered the closed session at 7:57 p.m. and reconvened in open session at 8:17 p.m. Next meeting: October 2, 2024, Board of Directors, 6:30 p.m. Adjournment
The Chair adjourned the meeting at 8:18 p.m.
Robert Chambers Judy Maxwell
Chair General Manager/Secretary-Treasurer /dm
To: Municipality of Bayham Head of Council and Council Members
Sent via email to: tthayer@bayham.on.ca Subject: Establishment of an Ontario Rural Road Safety Program
Too many Ontarians are being seriously injured or killed on our roads.
In 2023, there were 616 people killed and 36,090 people injured. The number of fatalities
is up nearly 20% in the last ten years.
In 2021, the most recent year of complete data from MTO’s Ontario Road Safety Annual
Report (ORSAR), there were 561 fatalities – 426 of which occurred on municipal roads.
While rural Ontario only represents 17% of the province’s population, 55% of these deaths occurred on rural roads. By any measure, Ontario’s rural roads are
disproportionately more dangerous.
At the same time, municipal insurance premiums continue to increase. With no plausible
reform being considered for joint and several liability, municipalities need to find
innovative means for managing risk, particularly on their roadways,
To deal with this crisis, Good Roads has designed a multifaceted rural road safety
program and have been in discussions with the Ministry of Transportation to fund it. The program would target a municipality’s most dangerous roads, perform road safety audits,
and install modern safety infrastructure that prevents serious injuries and save lives. This
program is designed to be cost effective while also providing rural municipalities with a
direct means for addressing risk associated with their roadways.
Good Roads has proposed leading a five-year $183 million program that leverages our
131 years of municipal road expertise and our industry partnerships to quickly put in
place the solutions that will address some of Ontario’s most dangerous roads.
Good Roads is seeking support to address these preventable tragedies.
If the Municipality of Bayham would be interested in pursuing this, a Council resolution
similar to the example below should be adopted and sent to the Premier and the Minister
of Transportation:
WHEREAS official statistics from the Government of Ontario confirm
that rural roads are inherently more dangerous than other roads;
AND WHEREAS, despite only having 17% of the population, 55% of the road fatalities occur on rural roads;
AND WHEREAS, rural, northern, and remote municipalities are fiscally
strained by maintaining extensive road networks on a smaller tax base;
AND WHEREAS, preventing crashes reduces the burden on Ontario’s
already strained rural strained health care system;
AND WHEREAS, roadway collisions and associated lawsuits are
significant factors in runaway municipal insurance premiums. Preventing
crashes can have a significant impact in improving municipal risk
profiles;
THEREFORE, BE IT RESOLVED THAT the Municipality of Bayham
requests that the Government of Ontario take action to implement the
rural road safety program that Good Roads has committed to lead. It will allow Ontario's rural municipalities to make the critical investments
needed to reduce the high number of people being killed and seriously
injured on Ontario’s rural roads; and
FURTHER THAT a copy of this resolution be forwarded to Premier Doug Ford, Hon. Prabmeet Sarkaria, Minister of Transportation, Hon.
King Surma, Minister of Infrastructure, Hon. Rob Flack, Minister of
Agriculture, Hon. Lisa Thompson, Minister of Rural Affairs, Hon. Trevor Jones, Associate Minister of Emergency Preparedness and
Response, and Hon. Sylvia Jones, Minister of Health, and Good Roads;
and
FURTHER THAT this resolution be circulated to all municipalities in
Ontario requesting their support.
If you have any questions regarding this initiative please contact Thomas
Barakat, Good Roads’ Manager of Public Policy & Government Relations, at thomas@goodroads.ca at your convenience.
Sincerely,
Scott R. Butler Executive Director
Antoine Boucher President Good Roads Board of Directors
Backgrounder - SolvetheCrisis.ca Campaign
Key Asks of the Province
● Appoint a responsible ministry and Minister with the appropriate funding
and powers as a single point of contact to address the full spectrum of
housing needs as well as mental health, addictions and wrap around
supports.
●Have this Minister strike a task force with broad sector representatives
including municipalities, healthcare, first responders, community services,
the business community and the tourism industry to develop a Made in
Ontario Action Plan.
●Provide municipalities with the tools and resources to transition those in
encampments to more appropriate supports, when deemed necessary
●Commit to funding the appropriate services these individuals need,
community by community where there are gaps in the system. Including an
immediate increase in detox and rehabilitation beds for those looking to get
the health support they need, on their own.
●Invest in 24/7 Community Hubs / Crisis Centres across the province to
relieve pressure on emergency centres and first responders
Background Information on the Crisis
OBCM Advocacy
● The ‘Solve the Crisis’campaign is a culmination of years of advocacy from Ontario’s
Big City Mayors on the mental health, addictions and homelessness crisis across
Ontario, including our white paper released in 2021, most recently developing our
health and homelessness strategy in 2023 and an update to that strategy included in
this campaign (see OBCM advocacy timeline below)
A Growing Crisis
● Over the years we have seen this crisis develop to include a growing number of
unhoused residents and encampments in many of our communities:
○ Of 72 communities surveyed, 68 reported encampments with an estimated
14-23% of the homeless population staying in encampments -Infrastructure
Canada National Survey on Homeless Encampments
○ In 2023 there were at least 1,400 homeless encampments in communities
across the province. Many of the residents of these encampments suffer from
mental health or substance abuse challenges. -The Association of
Municipalities (AMO)
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○London - as of March 31, 2024 1758 individuals experiencing homelessness
and there were 56 active encampments -Housing and Homelessness
Snapshot, City of London
○Kingston - 1,924 clients received some type of service in relation to
Homelessness in 2023 this includes (outreach, shelter, housing support
services, such as housing loss prevention and housing application
assistance) -Housing and Homelessness Report, City of Kingston
○Region of Waterloo - current estimates are that 1,000 people are
experiencing homelessness across the region including 450 people
experiencing Chronic homelessness -Encampments Report - City of
Waterloo
○Hamilton - As of January 31 2024, 1,592 Homeless people, with 585 having
been homeless for more than 6 months and, 1007 for less than 6 months -
City of Hamilton
○Windsor - 468 Individuals experienced chronic homelessness in 2023 up
19% from 2022 -Housing and Homelessness Report - City of Windsor
● Ontario residents are frustrated with the impact of this crisis on their communities and
want to see the government take action. In a recent survey conducted by CMHA
Ontario
○ More than 8 in 10 Ontarians would prefer solutions for the ongoing opioid and
drug poisoning crisis which focus on healthcare and social services support
rather than punishments
○ 73% percent of Ontarians are concerned the opioid crisis is getting worse
○ 56% report that opioid addiction is an issue of concern in their community
○ 71% believe government should prioritize addressing the crisis
There Are Solutions
● Municipalities along with community partners have developed programs and spaces
that are providing effective solutions to this crisis including:
○London - from October 2023 - March 2024, as part of a partnership between
London Cares and LHSC, the House of Hope has been operating 25 highly
supportive units at 362 Dundas Street.
■ Residents have seen significant health improvements including a 74%
reduction in emergency department visit volumes in the first three
months compared with the same time period and the same cohort in
2022 -City of London
○Toronto - the city’s Street to Homes (S2H) and its outreach partners helped
transition 654 people to permanent housing throughout the pandemic -City of
Toronto
○Kingston - the affordable rental housing capital funding program has
provided financial assistance from municipal, provincial and federal sources
to create over 510 units to get people housed and off the streets
2
■ These include - Addiction Mental Health Housing Stabilization
Program-18 beds, Supportive/ Transitional Youth Housing - 48 units,
Transitional housing for vulnerable women - 17 beds and more -City
of Kingston
○Oshawa recently introduced Mission United,a collaborative social service
and primary health care HUB for those experiencing homelessness.
■ This program seeks to assist those with high acuity and tri morbidity
achieve long term stabilization by providing low barrier, wrap-around
supports with a point in time model.
■ Through partnerships with various community agencies, they provide
specialized person-centred services through a singular access point.
○Windsor-Essex - funded by the city and community organizations the
Homelessness & Housing Help Hub (H4) is a “one-stop” multidisciplinary
service hub. The H4 works towards the community’s goals to reduce
homelessness by delivering housing focused, homelessness resolution
programs that provide a variety of wrap-around supports for persons
experiencing homelessness.
■ 133 people have been housed through supports provided at H4, 93
people were assisted by a family physician and 180 by a nurse
practitioner through the Shelter Health Initiative
■ The Essex County Homelessness Hub has also housed 47 people
through their support program -Home Together Annual Report -
Windsor Essex
Timeline of OBCM Advocacy Work on Health and Homelessness
●June 2021 - OBCM released a white paper entitled -Working Together to Improve
our Wellness: Recommendations from Ontario’s Big City Mayors to improve mental
health and addiction services in Ontario - including recommendations for:
○ Structural recommendations to ensure more Ontarians get the help they
need, when they need it, and where they need it.
○ Support that helps improve and connect municipal services with community
mental health services
○ Legislative and regulatory changes that reduce the harm of substance use
and support system change
○ Municipal leadership opportunities
○Full paper found on our website here -OBCM White Paper 2021
●June 2022 - OBCM Calls for an Emergency Meeting with Province to Address the
Chronic Homelessness, Mental Health, Safety and Addictions Crisis Overwhelming
Our Communities
○ This meeting to accelerate solutions to address chronic homelessness,
mental health, safety, and addictions issues in our communities as our most
3
marginalized and vulnerable populations have been disproportionately
impacted by the pandemic
○ Working alongside the Ontario BIA Association (OBIAA) we emphasized the
impact this crisis was having on downtowns and small and medium sized
businesses who were still struggling from the impact of the pandemic
○OBCM Call for Emergency Meeting
●August 2022 - at a joint meeting with the Mayors and Regional Chairs of Ontario
(MARCO) OBCM reiterated our call for an emergency meeting on this issue with the
support of key stakeholders who signed on to attend, these groups include the
Ontario Chamber of Commerce, Ontario Association of Business Improvement
Areas, Ontario Association of Chiefs of Police, AMO, Canadian Mental Health
Association Ontario and the Ontario Tourism Industry Association.
○OBCM Reiterates Call for Emergency Meeting with Stakeholders
●February 2023 - OBCM adopts our Health and Homelessness Strategy including five
recommendations for the Ontario government to make an immediate impact on the
mental health, addictions and homelessness crisis. These recommendations were
developed using information gathered through consultation with local health partners
to identify services required to ensure there is a health care continuum and
appropriate response to this crisis affecting our cities.
1. Centralized and integrated intake and dispatch process
2. More provincial investment in low barrier hubs
3. More stabilization and treatment beds with experienced staff to support
those in their treatment journey
4. More flexible and predictable funding for supportive housing
5. More provincial ministry and agency collaboration to reduce red tape and
duplication
● Full motion and strategy can be found here -OBCM Health and Homelessness
Strategy 2023
●April 2023 - OBCM meets with Minister Jones and staff, along with partners from the
Canadian Mental Health Association Ontario, Ontario Association of Chiefs of Police,
Ontario Chamber of Commerce, the Kingston Health Sciences Centre and the
Association of Municipalities of Ontario.
○ Discussed the new funding recently announced in the budget of $202 million
each year to the Homelessness Prevention Program (HPP) and Indigenous
Supportive Housing Program, and over half a billion dollars to support mental
health and addictions.
○ Presented our Health and Homelessness Strategy, including
recommendations to address the growing crisis in Ontario’s cities
○OBCM Meets with Minister Jones
●August 2023 - OBCM representatives have a special “Multi Minister Meeting” on our
Health and Homelessness Strategy at the AMO Conference with Minister Parsa
(Children, Community and Social Services), Associate Minister Nina Tangri
(Housing), Associate Minister Tibollo (Mental Health), Associate Minister Charamine
Williams (Women's Social and Economic Opportunity)
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○ OBCM representatives present our Health and Homelessness plan as well as
various programs and facilities that are making a difference in our
communities
● June 2024 - at the OBCM June meeting in Chatham-Kent, members discuss
updating the Health and Homelessness Strategy to push for various additional
supports/asks from the province, especially as the issue of encampments has now
grown and approves a communication campaign leading into the 2024 AMO
Conference
○OBCM Updated Health and Homelessness Strategy, 2024
Overview of Ontario’s Investments in Mental Health and Addictions
(from CMHA)
● Through the Roadmap to Wellness, Ontario is investing $3.8 billion over 10 years to
fill gaps in mental health and addictions care, create new services and expand
programs.
● The government invested $396 million over three years to improve access and
expand existing mental health and addictions services and programs as part of
Budget 2024.
● This investment includes:
○ $124 million over three years to support the continuation of the Addictions
Recovery Fund. The fund supports:
○ Maintaining 383 addictions treatment beds for adults who need intensive
supports, helping to stabilize and provide care for approximately 7,000 clients
each year;
○ Three Mobile Mental Health Clinics to provide a suite of mental health and
addictions services to individuals living in remote, rural and underserved
communities; and
○ Three police-partnered Mobile Crisis Response Teams to support individuals
in a mental health or addictions crisis.
● Ongoing support for the Ontario Structured Psychotherapy Program
● Between 2020 and 2023, Ontario established a provincial network of 22 Youth
Wellness Hubs which have connected 43,000 youth and their families to mental
health, substance use, and wellness services, accounting for over 168,000 visits.
● As part of Budget 2024, Ontario committed $152 million over the next three years to
support individuals facing unstable housing conditions and dealing with mental health
and addictions challenges.
5
Regional Data Points
●Durham Region:As of May 31, 2024 The Region of Durham Has at least 757
people experiencing homelessness with 326 having experienced homelessness for 6
months or more.
○ Inflow into shelter system: 35 individuals became chronically homeless, 36
made contact after no contact for 60 days or more and 6 people lost housing.
○ Outflow from Shleter system: 10 people moved from shelters into housing, 6
people lost housing.
○ Durham Municipal Breakdown of active homeless population as of May 2024:
■ Ajax: 241
■ Clarington: 19
■ North Durham: 17
■ Oshawa: 362
■ Pickering: 25
■ Whitby: 58
■ Other/Unknown: 35 -Durham Region, Built for Zero Report Card
●Halton Region - As of October 1st 2023, 172 individuals were receiving emergency
shelter from the region
○ 270 additional individuals were residing in transitional housing awaiting offers
of permanent housing
○ Between 10-25 individuals sleep outside in Halton on any given night, with
most actively working with the street outreach team -Halton Region
○ In 2023, 28% of all shelter placements required the use of hotels for overflow
due to increased demand on services
○ Halton Region’s Shelter Capacity 2023(by number of individuals): 148,
overflow hotel placements required to meet demand and 99 permanent
placement beds.
○ As of 2022, 2,127 emergency housing situations were resolved through
outreach and funding through the housing stability fund
○ 884 residents assisted with finding affordable rental housing, and 514 clients
received intensive customised supports
○ 56 chronically homeless households were assisted with permanent housing,
with intensive wrap around individualized support services
○ Halton Region provided rent geared income to 3,091 households from the
Halton Access to Community Housing (HATCH) -Halton Region 2022 State
of Housing
●Niagara Region -As of March 2021, at least 665 people in the Niagara Region were
experiencing homelessness in 2021
○ 121 were children aged 0-15, 76 were youth aged 16-24,
○ 47 reported staying in unsheltered locations
○ Of the 439 surveys reported in 2021:
6
○ Almost 1 in 4 (22.6%) identified as indigenous Compared to Indigenous
making up 2.8% of Niagara’s Population.
○ 42 percent had been experiencing homelessness for more than 6 months
○ (Data Recording Paused During Pandemic Point In Time Counts begin again
Fall 2024)
○Niagara Region - Point in Time Count
●Peel Region -In 2023 4,800 households received one time financial assistance to
prevent homelessness
○ 351 households were placed from peels centralized waiting list into
subsidized community housing units
○ 16, 497 households currently using the Affordable Housing System -Peel
Region
○ As of October 2023 Peels emergency shelter system was operating above
270% occupancy
○ Overflow expenses have grown significantly projected $26.9 million for 2023
and $42 million in 2024 exceeding approved budgets and funding -Peel
Region Report
●Region of Waterloo -According to the Youth impact survey youth experiencing
homelessness has increased from 8% in 2021 to 13% in 2023 -Region of Waterloo
○ As of September 21, 2021 the Region of Waterloo had 1,085 individuals
experiencing homelessness
○ 412 of those are living rough (in encampments, on the street or in vehicle)
○ 335 experiencing hidden homelessness
○ 191 in emergency shelter, 84 in transitional housing, and 63 in institutions.
○ 75% of survey respondents experiencing chronic homelessness -Region of
Waterloo Point in Time Count
●York Region -Housed 978 households from the 2023 subsidized housing waitlist
○ Transitioned 1,294 from emergency housing to safe housing over 5 years
○ As of 2023 15,716 households remain on the subsidized housing waitlist Net
change of plus 849
○ Opened two new transitional housing sites adding 28 new units to the
emergency and transitional housing system
○ Significant increases in the number of people experiencing homelessness
projected, with estimates ranging from 2,100 to 2,300 individuals in the next
five years.
○ Unique individuals accessing emergency housing increased 5% from 2019 -
2023
7
○ The total number of unique people who experienced chronic homelessness
during the year increased by approximately 120% from 2019 to 2023, from
124 to 473.
○ 1496 unique persons experiencing homelessness in 2023 -York Region
●District of Muskoka Lakes -As of July, 2022 650 households are on the social
housing waitlist with 357 of those waiting for a one bedroom unit and a wait time up
to 8 years.
○ Median Employment income for individuals is 21% lower than the rest of the
province
○ 13% of Muskoka Residents living in poverty
○ 50% of rental households spend more than 30% of their total income on
shelter costs.
○ 11 unique households moved from emergency shelters into longer-term
housing solutions (i.e. transitional or supportive housing)
○ 15 households were moved from unsheltered/provisionally accommodated to
transitional or long-term housing
○ 6 households were supported to move from transitional to long-term housing
○ 973 requests for assistance in obtaining housing from households
experiencing homelessness
○ 19,518 requests for assistance from households experiencing homelessness
received supports and services (not related to accommodation)
○ 1,209 requests for assistance from households at risk of homelessness
received supports and services (not related to accommodation) to support
housing loss prevention, retention, or re-housing -Muskoka 10 Year Housing
& Homelessness Plan Annual Report
● South Eastern Ontario
○ Kingston -As of December 2023, Approximately 127 people slept rough
meaning makeshift accommodations, sleeping in street, park or vehicle an
increase of 12 from august - december of 2023
■1,924 clients received some type of service in relation to
Homelessness in 2023 this includes (outreach, shelter, housing
support services, such as housing loss prevention and housing
application assistance) -City of Kingston
○ Ottawa -As of December 31, 2023 Ottawa had 12,447 households on the
centralized waitlist with 1,186 households housed from the waitlist
■ 49 New Affordable units and 57 New Supportive units were
completed
■ 301 households were housed through the housing first program
■ 1,129 households housed from the shelter system
■ 988 people Chronically homeless, with 382 individuals with a history of
chronic homelessness being housed
■ 13% increase in people using the shelter system
8
■ 3% decrease in the average length of stay in shelter system, 25%
increase in newcomer inflow into shelter system -City of Ottawa
● South Western Ontario
○ Windsor -In 2023, 715 households experiencing homelessness were housed
■95 individuals experiencing chronic homelessness were housed with
supports
■Youth Homelessness: 25 youth experiencing homelessness housed
with supports
■1105 households assisted with rent assistance. -City of Windsor
9
MOTION :[insert name of your municipality or organization here]supports theSolvetheCrisis.ca Campaign and requests that the Provincial and FederalGovernments take Action to Address the Growing Mental Health, Addictions andHomelessness Crisis in Ontario
Whereas there is a humanitarian crisis unfolding on the streets in our cities, large and small,urban and rural, across Ontario. The time for words is over, we need immediateaction at all levels of government, starting with the Province of Ontario
Whereas the homelessness, mental health and addictions crisis continues to grow with 3432
drug related deaths in Ontario in 2023
1 and over 1400 homeless encampments acrossOntario communities in 2023
2; and
Whereas the province has provided additional funding and supports, such as the recentinvestment of $378 million for HART Hubs and approximately 375 beds with wraparoundsupports, it does not adequately address the growing crisis and the financial and socialimpact on municipalities and regions across the province; and
Whereas municipalities and regions are stepping up and working with community partners toput in place community-specific solutions to address this crisis, but municipalities andregions lack the expertise, capacity, or resources to address these increasingly complexhealth care and housing issues alone; and
Whereas this is primarily a health issue that falls under provincial jurisdiction and
municipalities and regions should not be using the property tax base to fund these programs;and
Whereas there is no provincial lead focused on this crisis leading to unanswered questionsthat span over a dozen ministries, and a lack of support to manage the increasing needs ofthose who are unhoused.
Therefore, be it resolved that [insert name of your municipality here]supports theSolvetheCrisis.ca Campaign;
And calls on provincial and federal governments to commit to immediate action to solve theHumanitarian Crisis that Ontario is facing as the numbers of unhoused individuals and thosesuffering with mental health & addictions grows exponentially;
AND that the province officially makes Homelessness a Health Priority;
AND appoints a responsible Minister and Ministry with the appropriate funding and powers
as a single point of contact to address the full spectrum of housing needs as well as mentalhealth, addictions and wrap around supports;
AND that the provincial government strike a task force with broad sector representativesincluding municipalities, regions, healthcare, first responders, community services, thebusiness community and the tourism industry to develop a Made in Ontario Action Plan;
2 Homeless Encampments in Ontario, A Municipal Perspective, Association of Municipalities of Ontario, July
2024 -
1 Office of the Chief Coroner, Ontario (2024). OCC Opioid Mortality Summary Q4 2023.[PDF] .https://odprn.ca/occ-opioid-and-suspect-drug-related-death-data/
1
AND that this provincial task force reviews current programs developed by municipalities,
regions and community partners that have proven successful in our communities, to ensurethat solutions can be implemented quickly and effectively to tackle this crisis.
AND that the federal government is included in these conversations.
AND that both levels of government provide adequate, sufficient and sustainable funding to
ensure that municipalities have the tools and resources to support individuals suffering withmental health and addictions, including unhoused people and those from vulnerablepopulations that may be disproportionately impacted;
And that this [Council or Board]calls on the residents of [insert name of yourmunicipality, region or organization here]to join us in appealing to the provincial andfederal governments for support by visiting SolveTheCrisis.ca and showing your support;
AND further that a copy of this motion be sent to:
● The Right Honourable Justin Trudeau, Prime Minister of Canada● The Honourable Sean Fraser,Minister of Housing, Infrastructure and Communities ofCanada● The Honourable Doug Ford, Premier of Ontario● The Honourable Sylvia Jones, Deputy Premier and Minister of Health● The Honourable Paul Calandra, Minister of Municipal Affairs and Housing● The Honourable Michael Parsa, Minister of Children, Community and Social Services● The Honourable Michael Tibollo, Associate Minister of Mental Health and Addictions● Local MPs● Local MPPs and
● Ontario’s Big City Mayors
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How You Can Help SolvetheCrisis.ca
A Request to Ontario Municipalities From Ontario’s Big City Mayors
What is the SolvetheCrisis.ca Campaign?
Ontario’s Big City Mayors (OBCM) launched the SolvetheCrisis.ca campaign in August 2024
to address the homelessness, mental health and addictions crisis happening across Ontario.
After years of advocacy we are at a turning point, the time to act is now. This crisis is
growing in municipalities and regions of every size across Ontario, and we need help more
than ever!
Ontario municipalities of all sizes have stepped up, putting in place programs and housing
options along with community partners and other stakeholders, advocating for funding that
might be provided from other levels of government but is never consistent and never
enough. We cannot tackle this alone, the federal and provincial governments' must come to
the table.
We launched the SolvetheCrisis.ca Campaign with a press conference at Queen’s Park
including a video that can be shared and found here:OBCM You Tube Channel, a social
media campaign that is still underway, and a website www.solvethecrisis.ca where your
residents/networks/councils & staff can watch our video, join our call to action by filling out a
letter to the Premier, various Ministers, local MPPs and MPs.
How Can You Help?
There are so many ways!
➢Follow us on our socials & like and reshare our posts:
○ X (formerly Twitter)@SolvetheCrisis_and @ONBigCityMayors,
○ LinkedIn Ontario's Big City Mayors (OBCM)and
○ Facebook Ontario’s Big City Mayors
➢Pass the draft motion attached, a more personalized version of the attached motion,
or create one of your own!
➢Share this call to action with your Council, Board of Directors, Membership, Networks
and the public
➢Share your motion and support of the SolveTheCrisis.ca campaign on social media
and tag our accounts:
○ X (formerly Twitter)@SolvetheCrisis_and @ONBigCityMayors,
○ LinkedIn Ontario's Big City Mayors (OBCM)and
○ Facebook Ontario’s Big City Mayors
➢Use the hashtags #solvethecrisis and tag Solve the Crisis and OBCM’s socials if you
can to help us track and report on engagement
➢Ask residents, staff, councillors, supporters, members and even your Mayor / Warden
/ Chair / Head of Council to visit www.solvethecrisis.ca fill out the letter to send the
message to their local representatives stating that they want action now.
○ Encourage them to share it with their networks as well.
➢Read through our attached backgrounders and key messages and include them in
any advocacy efforts you may undertaking on this issue
➢Draft an op-ed or article specific to your municipality or region to push out to your
local media (see OBCM Chair Meed Ward’s Op-Ed here -Toronto Star - August 17th)
➢Contact us at solvethecrisis@obcm.ca for more information
REPORT
TREASURY DEPARTMENT
TO: Mayor & Members of Council
FROM: Lorne James, Treasurer
DATE: October 17, 2024
REPORT: TR-13/24 SUBJECT: 2024 Q3 VARIANCE REPORT BACKGROUND
The Q3 (third quarter) financial reports are provided for Council’s fiduciary review. This Report provides a summary of current revenue and expenditure to September 30, 2024, and variances to the Operating Budget and Capital Budget. This Report also seeks preliminary direction from
Council regarding the 2025 tax levy increase so staff can proceed in drafting the 2025 Operating 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 improved operational revenues through the third quarter, specifically in Building and Development services due to increased development interest and activity. Additionally, rental revenues for the Straffordville Community Centre are higher than anticipated due to the SCC expansion works being delayed, allowing for additional rentals. Capital pressures, at this point, are less than anticipated due to projects to-date coming in or under budget. Collections
The Municipality has noticed an improvement in collections from Q2 to Q3 on tax and water/wastewater arrears. Staff do note that we are still slightly off 2023 Q3 numbers though. Staff will continue to watch collections and advise if the trends worsen either before year-end reports or 2025 tax rate supported budget. Investments The Municipality has some short-term investments that recently matured. Due to remaining
capital expenses still to incur, staff will not be recommending a renewal of investments. Investment Value Maturity Date Current Yield
RBC GIC – General $554,077.13 Sept 16, 2024 5.75%
2025 Budget Direction – Tax Levy It is expected that the Draft 2025 Operating Budget will be published after Council formally provides direction on paying down/extinguishing the HMCS Ojibwa debt in March 2025. To fund
allocations to the Guarantorship Loan Transfer Reserve, Council authorized significant tax levy increases in 2023 and 2024. 2023’s tax levy increase was 9.7 percent. 2024’s tax levy increase was 10.33 percent.
Staff are seeking preliminary direction from Council regarding an acceptable ceiling for a 2025 tax levy increase so staff can review and development a Draft 2025 Operating Budget for
Council’s consideration in April 2025.
STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable ATTACHMENTS
1. Appendix A: 2024 Q3 Operating Revenue & Expense Variance Report 2. Appendix B: 2024 Q3 Capital Expense Variance Report RECOMMENDATION 1. THAT Report TR-13/24 re 2024 Q3 Variance Report be received for information; 2. AND THAT Council provide any direction to staff in regards to a preliminary tax levy increase for 2025.
Respectfully submitted: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO, AOMC
Treasurer Chief Administrative Officer
Revenues
05.10 General Taxation $6,505,426 $6,334,690 103%
05.20 Other Revenues $900,002 $952,065 95%
10.10 General Government $85,583 $82,047 104%
10.20 Council
20.10 Fire Services $28,435 $22,000 129%cost recoveries
20.20 Police Services $5,000 0%no POA revenues yet in 24
20.30 Conservation Authority
20.40 Building Services $189,819 $122,000 156%growth in 24
20.50 Bylaw Enforcement Services $33,899 $46,000 74%
25.10 Roads $425,681 $590,196 72%
25.20 Winter Control $1,348 $3,000 45%
25.40 Street Lights $0
30.10 Water $541,512 $765,081 71%
30.15 Richmond Water $143,055 $101,767 141%source water grants
30.30 Waste Disposal $27,569 $35,000 79%
30.20 Waste Water $657,615 $982,500 67%
35.20 Cemeteries $4,779 $2,000 239%CM Interest
40.10 General Assistance $0
45.10 Parks & Recreation $1,161 $2,600 45%grants yet to be received
45.20 Straffordville Community Centre $23,116 $10,000 231%higher rental activity
45.40 Libraries $63,220 $77,357 82%
45.50 Museums $9,192 $19,200 48%
50.10 Planning, Development & Tourism $133,157 $101,500 131%
50.15 Tourism & Marketing $15,000 $15,000 100%
50.20 Environmental Services $300 $3,500 9%
Capital $714,592 $4,433,653 16%delays on ICIP funding
Expenditures
05.10 General Taxation $0
05.20 Other Revenues $0
10.10 General Government $1,086,296 $1,416,988 77%
10.20 Council $75,139 $101,626 74%
20.10 Fire Services $532,057 $631,710 84%material used in fire suppression
20.20 Police Services $715,991 $958,949 75%
20.30 Conservation Authority $105,747 $105,747 100%timing of payment
20.40 Building Services $67,277 $104,848 64%shared service invoice outstanding
20.50 Bylaw Enforcement Services $105,480 $115,258 92%
25.10 Roads $1,505,052 $1,953,466 77%
25.20 Winter Control $41,440 $118,805 35%
25.40 Street Lights $32,269 $44,000 73%
30.10 Water $447,764 $765,081 59%timing of water board invoices
30.15 Richmond Water $110,804 $101,767 109%source water expesnes
30.20 Waste Water $513,929 $982,500 52%
30.30 Waste Disposal $309,974 $390,000 79%
35.20 Cemeteries $17,576 $22,500 78%
40.10 General Assistance $5,999 $7,000 86%
45.10 Parks & Recreation $76,268 $116,382 66%
45.20 Straffordville Community Centre $49,583 $69,168 72%
45.40 Libraries $38,660 $77,357 50%
45.50 Museums $49,191 $60,695 81%
50.10 Planning, Development & Tourism $120,478 $207,015 58%
50.15 Tourism & Marketing $49,611 $74,984 66%
50.20 Environmental Services $4,797 $8,300 58%
Capital $2,993,766 $6,272,000 48%no SCC expenses
Municipality of Bayham
Appendix A: 2024 Q3 Operating Revenue and Expense Variance Report
2024 Actuals 2024 Budget % Consumed
2024 2024 %
Actuals Budget Consumed
General Government
Development Charges Study 14,862$ 35,000$ 42%ongoing
Liability Reserve Transfer 15,000$ 15,000$ 100%
Working Capital Transfer 10,000$ 10,000$ 100%
Election Reserve Transfer 15,000$ 15,000$ 100%
Guarantorship Loan Reserve Transfer 1,000,000$ 1,000,000$ 100%
Fire
Technical Rescue 7,500$ 0%
Cistern - SCC 129,000$ 0%
Radio System Reseve 30,000$ 0%
Pumper 1 587,783$ 550,000$ 107% In use
Portable Radios 8,268$ 6,000$ 138% Done
Bunker Gear 12,607$ 14,000$ 90% Done
Fire Equipment Reserve Transfer 100,000$ 100,000$ 100%
ATV Trailer 4,641$ donation from Fire Ass.
Roads
Stewart Bridge 7,001$ 75,000$ 9%
Tunnel Line Culvert removal 33,590$ 200,000$ 17%
Pickup 58,585$ 60,000$ 98% Done
GPS Survey Equipment 24,597$ 25,000$ 98% Done
Tollgate Rd.375,074$ 400,000$ 94%
Vienna Line 180,890$ 230,000$ 79%
Works 41,252$ 65,000$ 63%
Gravel Program 218,215$ 215,000$ 101% Done
Road Signs 1,412$ 7,500$ 19%
Guardrails 10,000$ 0%
B & C Inspection 10,000$ 0%
Road Side Brushing 29,335$ 30,000$ 98% Done
Road Needs Study / AMP Update 55,000$ 0%
Hill Management 30,000$ 0%
PW Building 18,419$
Bayham Line 18,633$
Water
Equipment - Richmond 13,738$ 15,000$ 92% Done
Water Financial Plan 7,698$ 17,500$ 44% Done, timiing of invoice
Richmond Well Review 20,000$ 0%
Water Lines 25,055$
Waste Water
System Equipment 9,510$ 45,000$ 21%
Forcemain 10,000$ 0%
Water Financial Plan 7,698$ 17,500$ 44% Done, timiing of invoice
Manhole rehab 25,000$ 0%
Switch Upgrades 4,884$ 32,000$ 15%
Eden PS Up 16,420$ 250,000$ 7%
Lot Servicing 49,128$
Parks
Canoe Launch 60,000$ 0%
Rail Train Works 1,890$ 70,000$ 3%
Vienna Park 14,661$
Facilities
PW HVAC/Heat Tubes 100,000$ 0%
PB Library Washroom 20,000$ 0% re-allocated
PB Beach Washroom Expansion 75,000$ 0%
Facility Audits 35,000$ 0%
SCC Expansion 2,171,000$ 0% on hold
MM Accessible Washrooms 8,415$ 60,000$ 14% just started
Lighthouse 1,795$ -$ ongoing rental costs
Planning and Development
Official Plan Review 26,699$ 65,000$ 41% ongoing
Municipality of Bayham
Appendix B: 2024 Q3 Capital Expense Variance Report
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: October 17, 2024
REPORT: CAO-43/24 SUBJECT: PUBLICC COMMENTS RECEIVED – DISPOSITION – PARTS 1 THROUGH 8 OF
PLAN 11R-11261, ANN STREET LANDS, VIENNA
BACKGROUND At its August 15, 2024 meeting, Council received Report CAO-31/24 re Survey and
Consideration of Surplus, Ann Street Lands. The Report identified Parts 1 through 8 on a survey yet-to-be-registered which were to provide for four (4) building lots fronting onto Ann Street in Vienna, as directed by Council via Report CAO-21/24. The Report also included information in
regards to costs to service the lots with water and sanitary services off of Ann Street. Council passed the following motion:
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CAO-31/24 re Survey and Consideration of Surplus – Ann Street Lands be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham deems Parts 1 through 8 on survey yet-to-be-registered surplus to the needs of the Municipality for purposes of sale; AND THAT the Council of The Corporation of the Municipality of Bayham accepts the
quote provided by PBR Excavating in the amount of $13,995 + HST to install servicing to Parts 1 through 8 on survey yet-to-be-registered; AND THAT the costs associated with ensuring proper water and wastewater servicing to the aforementioned Parts 1 through 8 be funded from the Wastewater Reserve Fund; AND THAT a public comment period of no fewer than twenty-one (21) days be commenced at the appropriate time as determined by staff and after such time as the survey is registered.
In accordance with Council’s direction, the survey was registered and assigned Plan No. 11R-11261. Once registered, a comment period for the disposition of Parts 1
through 8 of Plan 11R-11261 was publicly advertised from September 13, 2024 until October 7, 2024 – 24 days. Public Notice was published on the Municipal website and in the Aylmer Express. The Notice is attached hereto for Council’s information. DISCUSSION
The general intent of the public comment period is to determine whether the proposed disposition will negatively prejudice an abutting or benefiting landowner. However, it has been Municipal practice to accept general public comments with respect to a proposed disposition. During the comment period, no formal public comments were received. However, one (1) comment was received during a public participation meeting in regards to a combined Municipal-led Official Plan and Zoning By-law Amendment to redesignate and rezone a portion of the closed Snow Street road allowance. The comment was in favour of the planning
applications but was not specifically submitted in regards to this public comment period. Outside of the comment period, there has been much discussion with area landowners
regarding the disposition of the lands. It is worth reiterating that the lands and additional remainder Parts on Plan 11R-11261 (being Parts 9 through 11) were never designated nor zoned as park space; they are residential lands and a former road allowance. Disposition of
Parts 1 through 8 does not remove park space from Vienna. It will simply permit the development of vacant residential lands in a manner that does not require the Municipality to expend front-end costs to open Snow Street. Between the Vienna Community Park and the Vienna Memorial Park, Vienna has approximately 1.7 hectares of park space for its approximate 800 residents. Based on the comments received, staff recommend direction to sell the eight Parts via Municipal Realtor. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community.
Initiative(s): Pay off the remaining debt related to the HMCS Ojibwa ATTACHMENTS
1. Notice – Disposition – September 13, 2024 2. Registered Survey 11R-11261 RECOMMENDATION 1. THAT Report CAO-43/24 re Public Comments Received – Disposition – Parts 1 through 8 on Plan 11R-11261, Ann Street Lands, Vienna be received for information; 2. AND THAT Council acknowledges that there were no public comments received during the comment period on this file;
3. AND THAT the Council of The Corporation of the Municipality of Bayham directs the sale of Parts 1 through 8 on Plan 11R-11261, to comprise four residential building lots,
by Municipal Realtor. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer
NOTICE
CONCERNING THE PROPOSED SALE OF LAND BY THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of The Corporation of the Municipality of Bayham has declared as surplus to the Municipality and proposes to sell the following property:
Land described as: PT OF SNOW ST PL 54, PT LT 14 LTS E OF SNOW ST, LTS 15 & 16 LTS E OF SNOW ST PL 54, BEING PTS 1 THROUGH 8 PL 11R11261; BAYHAM. ADDITIONAL INFORMATION relating to this proposed sale of land may be obtained by contacting the Bayham Municipal Office, 56169 Heritage Line, Straffordville, during office hours Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. Comments regarding the proposed sale of land will be received by email at consultations@bayham.on.ca or in writing by placing comments in the “After Hours” drop box at the municipal office until 4:30 p.m. on Monday, October 7, 2024. DATED at the Municipality of Bayham this 13th day of September 2024 Thomas Thayer, CAO Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 Telephone: 519-866-5521 Fax: 519-866-3884 consultations@bayham.on.ca
Village of Vienna
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: October 17, 2024
REPORT: CAO-44/24 SUBJECT: COMMUNITY SPORT AND RECREATION INFRASTRUCTURE FUND – SUPPORT
FOR APPLICATION – LIGHTING UPGRADE FOR THE STRAFFORDVILLE BALL
DIAMOND
BACKGROUND
The Community Sport and Recreation Infrastructure Fund (CSRIF) is a Provincial cost-sharing program launched as a part of the 2024 Provincial Budget, which specific objectives to:
Foster healthier and more active lifestyles for families;
Make sport more accessible
Help more communities across the province host local, national, and international sporting events and competitions. The CSIRF was announced on April 18, 2024 to provide funding to municipalities, Indigenous
communities, non-profit organizations, and for-profit organizations1 through two program streams for projects that:
Repair or upgrade existing sport and recreation facilities (Stream 1)
Build new and transformative sport and recreation facilities (Stream 2) Eligible projects for Stream 1 may include projects that:
extend the lifespan of existing community sport and recreation facilities/spaces;
maximize the use of existing facilities (e.g., use of space, increasing hours of operation, enhancing functionality and/or participation rates); or
improve health and safety, accessibility and environmental standards of existing facilities (e.g., access to facility/field of play, lower operating costs, improved energy efficiency, etc.).
1 For-profit organizations can only apply under Stream 2.
Examples of eligible Stream 1 projects include:
critical facility repairs (e.g., repairing roofs, structural defects, building hazards);
installing HVAC systems;
resurfacing playing fields;
installing new arena boards and glass;
pool repairs;
expansion/retrofitting of change rooms to accommodate programming; and,
installing new playground equipment. Under Stream 1, eligible applicants may apply to the Ministry under Stream 1 for
project funding between $150,000 and $1 million. All eligible organizations can apply for 50 percent of eligible costs, with the successful receipt organization required to provide the remainder. However, in special circumstances, an organization can apply
for up to 70 percent CSRIF funding if they are:
not-for-profit organizations;
local services boards; or,
municipalities with a population of less than 20,000 Approved projects must be completed with all eligible project expenses incurred within twenty-four (24) months of the successful recipient organization entering into a Transfer Payment Agreement (TPA) with the Ministry.
Applications under Stream 1 are due on October 29, 2024. DISCUSSION The lighting upgrades for the Straffordville Ball Diamond were previously included in the 2019
application to the Investing in Canada Infrastructure Program: Community, Culture and Recreation (ICIP CCR) stream. This item was then formally descoped from the Straffordville Community Centre expansion project under the ICIP CCR program when Council authorized entering into the amending TPA for same. As the lighting upgrade component has been removed, it is eligible to be included in an application under a different grant program, such as the CSRIF. To note, the CSRIF is not a stackable grant and therefore the Municipality would not have been able to contemplate an application for same before direction to authorize the TPA was provided by Council.
The Straffordville ball diamond’s rented usage is far greater than that of the Port Burwell ball diamond. The statistics below are for the last 2+ calendar years.
Year Straffordville Ball Diamond Port Burwell Ball Diamond
Rentals Revenue Rentals Revenue
2022-present 227 $2,860 56 $789.40 2024’s rental statistics currently show 94 rentals in Straffordville versus 19 in Port Burwell.
Revenues are $1,640 versus $375.
This item is included in the Draft 2025-2034 Capital Budget as Capital Item No. PR-15. It is presented as a 2026 budget item at $250,000, identifying 70 percent grant funding, with the
balance applied to the tax levy. One of the requirements of a completed CSRIF application is a Council resolution in support of the application. Staff are seeking this resolution, should Council be supportive of an application being made for lighting upgrades at the Straffordville Ball Diamond. STRATEGIC PLAN 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 CAO-44/24 re Community Sport and Recreation Infrastructure Fund – Support for Application – Lighting Upgrade for the Straffordville Ball Diamond be
received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham is supportive of an application being made to the Community Sport and Recreation Infrastructure Fund to upgrade the lighting at the Straffordville Ball Diamond. Respectfully Submitted by:
Thomas Thayer, CMO, AOMC Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-061
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDING TRANSFER PAYMENT AGREEMENT BETWEEN HIS MAJESTY THE KING IN RIGHT OF ONTARIO AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP) COMMUNITY, CULTURE AND
RECREATION STREAM (SCC EXPANSION)
WHEREAS Council provided direction to staff to apply to the Investing in Canada
Infrastructure Program (ICIP) Community, Culture and Recreation Stream for upgrades to the Straffordville Community Centre in September 2019;
AND WHEREAS the Municipality of Bayham announced it was successful in the ICIP
Community, Culture and Recreation grant at the June 17, 2021 meeting of Council; AND WHEREAS a Transfer Payment Agreement was fully executed as of November 9, 2021 and is attached hereto; AND WHEREAS due to estimated cost over-runs, Council directed staff to submit an application to the ICIP Community, Culture and Recreation Stream for a scope reduction of the SCC Expansion project in April 2023;
AND WHEREAS approval of the scope reduction was received by the Municipality in September 2024 and provided to Council via Report on October 3, 2024;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of executing the Amended Transfer Payment Agreement for the SCC Expansion project to formalize the project’s scope reduction;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of The Corporation of the Municipality of Bayham affirms the signed Transfer Payment Agreement, fully executed as of November 9, 2021, attached hereto as Schedule “A” and forming part of this by-law;
2. AND THAT the Mayor and Chief Administrative Officer be and are hereby authorized
to execute the Amending Transfer Payment Agreement attached hereto as Schedule
“B” and forming part of this by-law;
3. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF OCTOBER, 2024. ___________________________ _____________________________
MAYOR CLERK
Case Number: 2019-10-1-1417881119
Corporation of the Municipality of Bayham and Ontario ICIP CCR TPA Page 7 of 57
SCHEDULE “A” GENERAL TERMS AND CONDITIONS
A.1.0 INTERPRETATION AND DEFINITIONS
A.1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa;
(b) words in one gender include all genders; (c) the background and headings do not form part of the Agreement; they are for information and reference only and will not affect the interpretation of the
Agreement;
(d) any reference to dollars or currency will be in Canadian dollars and currency;
(e) “shall” and “will” are used interchangeably in the Agreement and denote the
same affirmative and imperative obligation on the applicable Party.
(f) all accounting terms not otherwise defined in the Agreement have their ordinary meanings; and
(g) “include”, “includes”, and “including” denote that the subsequent list is not
exhaustive. A.1.2 Definitions. In the Agreement, the following terms have the following meanings: “Aboriginal Community” has the meaning ascribed to it in section I.1.1 (Definitions).
“Aboriginal Consultation Record” means the Aboriginal Consultation Record described in section I.3.1 (Requirements for Aboriginal Consultation Record). “Agreement” means this agreement entered into between the Province and the
Recipient, all of the schedules and sub-schedules listed in section 1.1 (Schedules to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amending the Agreement). “Asset” means any real or personal property, or immovable or movable asset,
acquired, purchased, constructed, rehabilitated, or improved, in whole or in part, with
any of the Funds. “Authorities” means any government authority, agency, body or department having or claiming jurisdiction over the Agreement or the Project, or both.
“Bilateral Agreement” means the Canada-Ontario Integrated Bilateral Agreement for
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Corporation of the Municipality of Bayham and Ontario ICIP CCR TPA Page 8 of 57
the Investing in Canada Infrastructure Program entered into between Canada and Her Majesty the Queen in right of Ontario, effective as of March 26, 2018, as amended.
“Business Day” means any working day the Province is open for business, Monday
to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day; and any other day on which the Province is not open for business.
“Canada” means, unless the context requires otherwise, Her Majesty the Queen in right of Canada. “Canada’s Maximum Contribution” means the maximum contribution from Canada
as set out in Schedule “C”. “Committee” refers to a Committee established pursuant to section A.29.1 (Establishment of Committee).
“Communications Activities” means, but is not limited to, public or media events or
ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media
products, and all related communication materials under the Agreement. “Contract” means a contract between the Recipient and a Third Party whereby the Third Party agrees to supply goods or services, or both, in respect of the Project in return for financial consideration.
“Effective Date” means the date of signature by the last signing party to the Agreement. “Eligible Expenditures” means the costs in respect of the Project that the Recipient
has incurred and paid and that are eligible for payment under the terms and conditions
of the Agreement, and that are further described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). “Environmental Laws” means all applicable governmental, regulations, by-laws,
orders, rules, policies, or guidelines respecting the protection of the natural
environment or the public, and the manufacture, importation, handling, transportation, storage, disposal, and treatment of environmental contaminants and includes, without limitation, the Environmental Protection Act (Ontario), Environmental Assessment Act (Ontario), Ontario Water Resources Act (Ontario), Canadian Environmental Protection
Act, 1999 (Canada), Canadian Environmental Assessment Act, 2012 (Canada),
Fisheries Act (Canada), and the Canadian Navigable Waters Act (Canada).
Case Number: 2019-10-1-1417881119
Corporation of the Municipality of Bayham and Ontario ICIP CCR TPA Page 9 of 57
“Evaluation” means an evaluation in respect of the Project or the ICIP as described in Article F.1.0 (Project and ICIP Evaluations).
“Event of Default” has the meaning ascribed to it in section A.12.1 (Events of
Default). “Expiration Date” means the expiry date set out in Schedule “B” (Specific Information).
“Federal Approval Date” means the date on which Canada has approved the Project identified in Schedule “C” (Project Description, Financial Information, Timelines, and Project Standards).
“Funding Year” means:
(a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and
(b) in the case of Funding Years subsequent to the first Funding Year, the
period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31 or the Expiration Date, whichever comes first.
“Funds” means the money the Province provides to the Recipient pursuant to the
Agreement, and in any event, will not exceed the Maximum Funds. “Holdback” means the Holdback described in and to be paid in accordance with section A.4.12 (Retention of Contribution) and Article J.7.0 (Holdback).
“ICIP” means the Investing in Canada Infrastructure Program, a federal infrastructure program described in the first paragraph of the “Background” to the Agreement. “Indemnified Parties” means Her Majesty the Queen in right of Ontario and Her
Majesty the Queen in right of Canada, and includes their respective ministers, officers,
servants, agents, appointees and employees. “Ineligible Expenditures” means the costs that are ineligible for payment under the terms and conditions of the Agreement, and that are described in Schedule “E”
(Eligible Expenditures and Ineligible Expenditures).
“Interest or Interest Earned” means the amount of money earned by the Recipient from placing the Funds in an interest bearing account as set out under section A.4.4 of Schedule “A” of this Agreement, and includes any and all interest or other income
generated from the Funds. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including
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Corporation of the Municipality of Bayham and Ontario ICIP CCR TPA Page 10 of 57
legal, expert, and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any part of the Agreement or the Bilateral Agreement.
“Maximum Funds” means the maximum Funds amount as set out in Schedule “B”
(Specific Information). “Notice” means any communication given or required to be given pursuant to the Agreement.
“Ontario’s Maximum Contribution” means the maximum contribution from Ontario as set out in Schedule “C”. “Parties” means the Province and the Recipient.
“Party” means either the Province or the Recipient. “Person” means, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees, or
agents. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding, whether in contract, tort (including negligence), or otherwise, that anyone makes, brings, or prosecutes as a result of or in connection with the Project or any part of the
Agreement or the Bilateral Agreement.
“Progress Report” means the Progress Report described in Article D.1.0 (Reporting Requirements).
“Project” means the undertaking described in Schedule “C” (Project Description,
Financial Information, Timelines, and Project Standards). “Records Review” means any assessment the Province conducts pursuant to section A.7.4 (Records Review).
“Remedial Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A.12.3 (b), and includes any such period or periods of time by which the Province extends that time in accordance with section A.12.4 (Recipient Not Remedying).
“Reports” means the reports described in Schedule “D” (Reports). “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations,
official plans, permits, licences, authorizations, directions, and agreements with all
Authorities, and includes the Environmental Laws.
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“Substantial Completion” or “Substantially Completed” means that the Project can be used for the purpose for which it was intended and, in any event, no later than March 31, 2027.
“Term” means the period of time described in section A.3.1 (Term). “Third Party” means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract.
“Total Financial Assistance” means the total Project funding from all sources including, but not limited to, funding from federal, provincial, territorial, municipal, regional, band council, and Indigenous government sources; private sources; and in-kind contributions.
A.2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A.2.1 General. The Recipient represents, warrants, and covenants that, in respect of the
Project:
(a) it has, and will continue to have, the experience and expertise necessary to carry out the Project;
(b) it is in compliance with, and will continue to comply with, all Requirements of Law
related to any aspect of the Project, the Funds, or both; (c) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for Funds (including, without
limitation, any information relating to any eligibility requirements) was true and
complete at the time the Recipient provided it and will continue to be true and complete;
(d) the Project meets and will continue to meet all of the program’s eligibility criteria,
construction conditions and the Recipient will abide by all of the Province’s and
Canada’s respective requirements set out in the guidelines, including the financial, contractual and reporting requirements; (e) the Project meets the outcomes of the Community, Culture and Recreation stream, being:
(i) Improved access to and/or increased quality of cultural, recreational and/or community infrastructure for Canadians, including Indigenous peoples and vulnerable populations.
(f) any Funds received have not displaced, and will continue to not displace, the Recipient’s own funding and spending on public transit.
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A.2.2 Execution of Agreement. The Recipient represents and warrants that it has:
(a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, in a manner that is satisfactory to the Province, including passing of municipal by-law
or council resolution authorizing the Recipient to enter into the Agreement, where
required. A.2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow:
(a) procedures to enable the Recipient to manage Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully;
(c) procedures to enable the Recipient to identify risks to the completion of the
Project and strategies to address the identified risks, all in a timely manner; (d) procedures to enable the preparation and submission of all Reports required pursuant to Article A.7.0 (Reporting, Accounting, and Review); and
(e) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement.
A.2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the
Province with proof of the matters referred to in this Article A.2.0 (Representations, Warranties, and Covenants).
A.3.0 TERM OF THE AGREEMENT AND SUBSTANTIAL COMPLETION
A.3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiration Date, unless terminated earlier pursuant to Article A.11.0 (Termination on Notice) or Article A.12.0 (Event of Default, Corrective Action, and Termination for Default).
A.3.2 Substantial Completion. The Recipient will ensure that the Project is Substantially Completed on or before March 31, 2027. A.4.0 FUNDS AND CARRYING OUT THE PROJECT
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A.4.1 Funds Provided. The Province will: (a) provide the Recipient funding up to the Maximum Funds for the sole purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the request for payment and payment procedures provided for in Schedule “J” (Requests for Payment and
Payment Procedures); and (c) deposit the Funds into an account the Recipient designates, provided that the account:
(i) is at a branch of a Canadian financial institution in Ontario; and (ii) is solely in the name of the Recipient. A.4.2 Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided):
(a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions
listed in section A.31.1 (Special Conditions); and (ii) any Funds to the Recipient until the Province and Canada are satisfied with the progress of the Project;
(b) the Province, at its sole discretion, may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and
(c) any payment of Funds is subject to: (i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and
constitutes lawful authority for the payment;
(ii) ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient for the payment; and
(iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province, at its sole discretion, may reduce or cancel any amount of Funds
or terminate the Agreement in response to a reduction or lack of federal or
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provincial government appropriation, ministerial funding levels, or Canada’s payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential,
exemplary, or punitive damages, regardless of the form of action, whether in
contract or in tort (including negligence) or otherwise, arising from any reduction or cancellation of Funds. If any changes to the Agreement, including changes in respect of the Project, are required as a result, the Parties agree to amend the Agreement accordingly.
A.4.3 Use of Funds and Carry Out the Project. The Recipient will, in respect of the Project, do all of the following: (a) carry out the Project in accordance with the Agreement;
(b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only on Eligible Expenditures as described in Schedule “E” (Eligible Expenditures and Ineligible Expenditures);
(d) not use the Funds to cover any Ineligible Expenditure; and (e) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, or ministry, department, agency, or
organization of the Government of Ontario or of the Government of Canada.
A.4.4 Interest-Bearing Account. If for any reason, Funds were provided to the Recipient before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account solely in the name of the Recipient at a branch of
a Canadian financial institution in Ontario. The Recipient will hold the Funds plus any
Interest Earned in trust for the Province until the Funds are used in accordance with the Agreement. A.4.5 Interest. If the Recipient earns any Interest on the Funds, the Province may do either
or both of the following:
(a) deduct an amount equal to the Interest Earned from the remaining Funds, if any; (b) demand from the Recipient the payment of an amount equal to the Interest Earned.
A.4.6 Maximum Funds and Recovery of Excesses. The Recipient acknowledges that: (a) the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds;
(b) if Canada’s total contribution from all federal sources in respect of the Project
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exceeds forty percent of Total Eligible Expenditures, the Province may demand the return of the excess from the Recipient and the Recipient shall return the excess forthwith or the Province, at its discretion, may reduce the remaining
Funds under the Agreement by an amount equal to the excess;
(c) if the Total Financial Assistance received in respect of the Project exceeds one hundred percent (100%) of Total Eligible Expenditures, the Province, at its sole discretion, may, up to the Maximum Funds, demand the return of the excess from
the Recipient and the Recipient shall return the excess forthwith or the Province
may reduce the remaining Funds under the Agreement by an amount equal to the excess. A.4.7 Disclosure of Other Financial Assistance. The Recipient will inform the Province
promptly of any financial assistance received in respect of the Project.
A.4.8 Rebates, Credits, and Refunds. The Province will, in respect of the Project, calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible
to receive, a rebate, credit, or refund.
A.4.9 Recipient’s Acknowledgement of Responsibility for Project. The Recipient will, in respect of the Project, assume full responsibility for the Project, including, without
limitation: (a) complete, diligent, and timely Project implementation within the costs and timelines specified in the Agreement and in accordance with all other terms and conditions of the Agreement;
(b) all of the costs of the Project, including, without limitation, unapproved expenditures, Ineligible Expenditures, and cost overruns, if any; (c) subsequent operation, maintenance, repair, rehabilitation, construction,
demolition, or reconstruction, as required and in accordance with industry standards, and any related costs for the full lifecycle of the Project; and (d) the engineering work being undertaken in accordance with industry standards.
A.4.10 Increase in Project Costs. If, at any time during the Term the Recipient determines that it will not be possible to complete the Project unless it expends amounts in excess of all funding available to it (a “Shortfall”), the Recipient will immediately notify the Province of that determination. If the Recipient so notifies the Province, it will, within 30
days of a request from the Province, provide a summary of the measures that it
proposes to remedy the Shortfall. If the Province is not satisfied that the measures proposed will be adequate to remedy the Shortfall, then the Province may exercise one or more of the remedies available to it pursuant to section A.12.4 (Recipient Not Remedying).
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A.4.11 Recipient’s Request for Payment and Payment Procedures. The Recipient agrees to submit its requests for payment in accordance with the payment procedures provided for in Schedule “J” (Requests for Payment and Payment Procedures).
A.4.12 Retention of Contribution. The Province will retain 10% of the Maximum Funds in respect of the Project (“Holdback”) up until the Recipient has fulfilled all of its obligations under the Agreement for the Project.
A.5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, CONTRACT PROVISIONS, AND DISPOSAL OF ASSETS A.5.1 Acquisition. The Recipient will ensure that all Contracts are awarded in way that is:
(a) is fair, transparent, competitive, and consistent with value for money principles, or in a manner otherwise acceptable to the Province and Canada; and (b) if applicable, is in accordance with the Canadian Free Trade Agreement and
international agreements.
A.5.2 Non-Compliance with Acquisition Requirements. If the Province or Canada
determines that a Contract is awarded in a manner that is not in compliance with the requirements in section A.5.1 (Acquisition), upon giving Notice to the Recipient, the Province may consider the expenditures associated with the Contract to be an Ineligible Expenditure.
A.5.3 Exemptions to Competitive Awarding. The Province and Canada may consent to the provision of exemptions from competitive awarding of Contracts on a case-by-case basis, in their sole and absolute discretion, if the Recipient:
(a) provides a written request indicating the business case rationale for the
exemption, in advance of the Contract being awarded; (b) attests to:
(i) following value-for-money procurement processes for materials and sub-
contracts; and (ii) following its own policies and procedures.
A.5.4 Contract Provisions. The Recipient will ensure that all Contracts are consistent with and incorporate the relevant provisions of the Agreement, including its insurance provisions. More specifically, but without limiting the generality of the foregoing, the Recipient agrees to include provisions in all Contracts to ensure:
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(a) that proper and accurate accounts and records are kept and maintained as described in the Agreement including, but not limited to, in paragraph A.7.3(a);
(b) that all applicable Requirements of Law including, without limitation, labour and
human rights legislation, are complied with; and (c) that the Contract secures the respective rights of the Province and Canada, and any authorized representative or independent auditor identified by the Province or
Canada, and the Auditor General of Ontario and the Auditor General of Canada
to: (i) inspect and audit the terms of any Contract, record or account in respect of the Project; and
(ii) have free and timely access to the Project sites and facilities, and any records, documentation or information, as contemplated pursuant to section A.7.5 (Inspection and Removal).
A.5.5 Disposal of Assets. The Recipient will not, unless in accordance with the terms and
conditions set out in Schedule “H” (Disposal of Assets), sell, lease, encumber, or otherwise dispose, directly or indirectly, of any Asset.
A.6.0 CONFLICT OF INTEREST
A.6.1 Conflict of Interest Includes. For the purposes of this Article A.6.0 (Conflict of Interest), a conflict of interest includes any circumstances where:
(a) the Recipient or any person who has the capacity to influence the Recipient’s
decisions has outside commitments, relationships, or financial interests that could, or could be seen by a reasonable person to interfere with the Recipient’s objective, unbiased, and impartial judgment in respect of the Project or the use of the Funds, or both; or
(b) a former public servant or public office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes, or policies of Canada apply will derive a direct benefit from the Agreement, unless the provision or receipt of such benefits complies with such legislation, guidelines, policies, or
codes.
A.6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless:
(a) the Recipient:
(i) provides Notice to the Province disclosing the details of the actual, potential,
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or perceived conflict of interest; and (ii) requests the consent of the Province to carry out the Project with an actual,
potential, or perceived conflict of interest;
(b) the Province consents in writing to the Recipient carrying out the Project with an actual, potential, or perceived conflict of interest; and
(c) the Recipient complies with any terms and conditions the Province may prescribe
in its consent. A.7.0 REPORTING, ACCOUNTING, AND REVIEW
A.7.1 Province and Canada Include. For the purpose of sections A.7.4 (Records Review), A.7.5 (Inspection and Removal) and A.7.6 (Cooperation), “Province” includes Canada and any auditor or representative that the Province or Canada, or both, may identify.
A.7.2 Preparation and Submission. The Recipient will:
(a) submit to the Province at the address referred to in section A.15.1 (Notice in Writing and Addressed):
(i) all Reports in accordance with the timelines and content requirements
provided for in Schedule “D” (Reports); and (ii) any other reports in accordance with any timelines and content requirements the Province may specify from time to time; and
(b) ensure that all Reports and other reports are: (i) completed to the satisfaction of the Province; and
(ii) signed by an authorized signing officer of the Recipient.
A.7.3 Record Maintenance. The Recipient will keep and maintain until March 31, 2034 :
(a) proper and accurate financial accounts and records, kept in a manner consistent
with generally accepted accounting principles, including but not limited to its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the Project; and
(b) all non-financial records and documents relating to the Funds or otherwise to the
Project.
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A.7.4 Records Review. The Province, at its sole discretion and expense, may, upon 24 hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient or the
Project regarding the Recipient’s compliance with the Agreement, including assessing
any of the following: (a) the truth of any of the Recipient’s representations and warranties;
(b) the progress of the Project; or
(c) the Recipient’s allocation and expenditure of the Funds.
A.7.5 Inspection and Removal. For the purposes of any Records Review, the Province
may take one or more of the following actions: (a) inspect and copy any records or documents referred to in section A.7.3 (Record Maintenance);
(b) remove any copies the Province makes pursuant to section A.7.5(a); and
(c) share any documents, records and findings with Canada.
A.7.6 Cooperation. To assist the Province in respect of its rights provided for in section
A.7.5 (Inspection and Removal), the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents wherever they are located;
(b) coordinating access with any Third Party; (c) assisting the Province to copy the records and documents;
(d) providing to the Province, in the form the Province specifies, any information the
Province identifies; and (e) carrying out any other activities the Province requests. A.7.7 No Control of Records. No provision of the Agreement will be construed so as to
give the Province or Canada, or both, any control whatsoever over the Recipient’s records. A.7.8 Auditor General (Ontario and Canada). The Province’s rights under this Article A.7.0 (Reporting, Accounting, and Review) are in addition to any rights provided to the
Auditor General of Ontario pursuant to section 9.2 of the Auditor General Act (Ontario)
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and to the Auditor General of Canada pursuant to section 7.1 of the Auditor General
Act (Canada). A.7.9 Sharing of Audit Findings and Reports. The Recipient acknowledges that Canada and the Province may: (a) inform each other, and any of their respective authorized representatives and auditors, that an audit is being conducted; and (b) share the findings of any audit or investigation, including any ensuing report, with
each other and any of their respective authorized representatives and auditors.
A.7.10 Evaluation. The Recipient agrees to participate in any Evaluation and comply with the requirements for such Evaluation that are set out in Schedule “F” (Evaluation).
A.7.11 Calculations. The Recipient will make all calculations and prepare all financial data to
be submitted in accordance with the generally accepted accounting principles in effect in Canada. These will include, without limitation, those principles and standards approved or recommended from time to time by the Chartered Professional Accountants of Canada or the Public Sector Accounting Board, as applicable, or any
successor institute, applied on a consistent basis. A.7.12 Adverse Fact or Event. The Recipient will inform the Province immediately of any fact or event of which it is aware that has or will compromise, wholly or in part, the Project. A.8.0 COMMUNICATIONS REQUIREMENTS A.8.1 Communications Protocol. The Parties agree to be bound by the terms and conditions of the communications protocol provided for in Schedule “G”
(Communications Protocol). A.9.0 LIMITATION OF LIABILITY AND INDEMNITY
A.9.1 Province and Canada Limitation of Liability. In no event will any of the Indemnified Parties be held liable for any damages, including direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, for:
(a) any injury to any Person, including, but not limited to, death, economic loss, or
infringement of rights; (b) any damage to or loss or destruction of property of, any Person; or
(c) any obligation of any Person, including, but not limited to, any obligation arising
from a loan, capital lease, or other long-term obligation
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in relation to the Agreement, the Bilateral Agreement, or the Project.
A.9.2 Indemnification of the Province and Canada. The Recipient will indemnify and hold
harmless the Indemnified Parties from and against any Loss and any Proceeding based upon or occasioned by: (a) any injury to any Person, including, but not limited to, death, economic loss, or
any infringement of rights;
(b) any damage to, or loss or destruction of, property of any Person; or (c) any obligation of any Person, including, but not limited to, any obligation arising
from a loan, capital lease, or other long-term obligation,
except to the extent to which such Loss or Proceeding is caused by the negligence or wilful misconduct of any Indemnified Party in the performance of that Indemnified Party’s duties.
A.9.3 Recipient’s Participation. The Recipient will, at its expense, to the extent requested by the Province or Canada, or both, participate in or conduct the defence of any Proceeding against any of the Indemnified Parties and any negotiations for their settlement.
A.9.4 Province’s Election. The Province or Canada, or both, may elect to participate in, or conduct the defence of, any Proceeding by providing Notice to the Recipient of such election, without prejudice to any other rights or remedies of the Province under the Agreement or of the Province or Canada under the Bilateral Agreement, at law or in
equity. If the Province, Canada, or the Recipient, as applicable, participates in the
defence, it will do so by actively participating with the other’s counsel. A.9.5 Settlement Authority. The Recipient will not enter into a settlement of any Proceeding against any of the Indemnified Parties unless the Recipient has obtained
from the Province or Canada, as applicable, prior written approval or a waiver of this
requirement. If the Recipient is requested by the Province or Canada to participate in or conduct the defence of any Proceeding, the Province or Canada, as applicable, will cooperate with and assist the Recipient to the fullest extent possible in the Proceeding and any related settlement negotiations.
A.9.6 Recipient’s Cooperation. If the Province or Canada conducts the defence of any Proceeding, the Recipient will cooperate with and assist the Province or Canada, as applicable, to the fullest extent possible in the Proceeding and any related settlement negotiations.
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A.10.0 INSURANCE
A.10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it
has, and will maintain at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for
third party bodily injury, personal injury, and property damage, to an inclusive limit of
not less than $2,000,000.00 per occurrence, and including products and completed operations coverage with the endorsements identified below: (a) the Indemnified Parties as additional insureds in respect of liability arising in the
course of performance of the Recipient’s obligations under, or otherwise in
connection with, the Agreement; (b) a cross-liability clause;
(c) contractual liability coverage; and
(d) a 30-day written notice of cancellation. A.10.2 Proof of Insurance. At the request of the Province from time to time, the Recipient
will:
(a) provide to the Province, either: (i) annually, certificates of insurance that confirm the insurance coverage as
provided in section A.10.1 (Recipient’s Insurance); or
(ii) other proof that confirms the insurance coverage as provided for in section A.10.1 (Recipient’s Insurance); and
(b) at the Province’s request, the Recipient will provide to the Province a copy of any
of the Recipient’s insurance policies that relate to the Project or otherwise to the Agreement or both.
A.11.0 TERMINATION ON NOTICE A.11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient.
A.11.2 Consequences of Termination on Notice by the Province. If the Province
terminates the Agreement pursuant to section A.11.1 (Termination on Notice), the
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Province may take one or more of the following actions: (a) Direct the Recipient not to incur any further costs for the Project subsequent to
the Notice of termination. If the Recipient fails to comply with such direction and
unless with the Province’s prior written consent, the Recipient shall be solely responsible for any further costs incurred after such Notice was given; (b) cancel all further instalments of Funds; and
(c) demand the payment of any Funds plus any Interest Earned remaining in the possession or under the control of the Recipient.
A.12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A.12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the
Province, the Recipient breaches any representation, warranty, covenant, or other
material term of the Agreement, including: (a) failing to carry out the Project in whole or in part in accordance with the terms of the Agreement;
(b) failing to use or spend Funds in accordance with the terms of the Agreement; (c) failing to provide, in accordance with section A.7.2 (Preparation and Submission), Reports or such other reports as the Province may have requested pursuant to
the Agreement);
(d) the Recipient’s operations, its financial condition, its organizational structure or its control changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds;
(e) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or
(f) the Recipient ceases to operate.
A.12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, and at its sole discretion, take one or more of
the following actions:
(a) initiate any action the Province considers necessary in order to facilitate the
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successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default;
(c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds;
(e) cancel all further instalments of Funds; (f) demand from the Recipient the payment of any Funds plus any Interest Earned remaining in the possession or under the control of the Recipient;
(g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the repayment of an amount equal to any Funds the
Province provided to the Recipient;
(i) demand from the Recipient an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient
owes to the Province; and
(j) terminate the Agreement at any time, including immediately, without liability, penalty, or costs to the Province upon giving Notice to the Recipient.
A.12.3 Opportunity to Remedy. If, in accordance with paragraph A.12.2(b), the Province
provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and
(b) the Remedial Period. A.12.4 Recipient Not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A.12.2(b), and:
(a) the Recipient does not remedy the Event of Default within the Remedial Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Remedial Period; or
(c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province,
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the Province may extend the Remedial Period or initiate any one or more of the actions provided for in paragraphs A.12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j).
A.12.5 When Termination Effective. Termination under this Article A.12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice.
A.13.0 FUNDS UPON EXPIRY
A.13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds plus Interest Earned remaining in its possession, under its control, or both.
A.14.0 DEBT DUE AND PAYMENT A.14.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount the Recipient is entitled to under the Agreement, the Province may:
(a) deduct an amount equal to the excess Funds plus any Interest Earned from any further instalments of Funds; or (b) demand that the Recipient pay to the Province an amount equal to the excess
Funds plus any Interest Earned.
A.14.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds, an amount
equal to any Funds, or any other amounts owing under the Agreement; or
(b) the Recipient owes to the Province any Funds, an amount equal to any Funds, or any other amounts under the Agreement, whether or not the Province has demanded their payment,
such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise.
A.14.3 Interest Rate. The Province may charge the Recipient interest on any money owing
to the Province by the Recipient under the Agreement at the then-current interest rate charged by the Province of Ontario on accounts receivable. A.14.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the
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Province at the address set out in Schedule “B” (Specific Information) for the purposes of Notice to the Province.
A.14.5 Failure to Repay. Without limiting the application of section 43 of the Financial
Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario.
A.15.0 NOTICE
A.15.1 Notice in Writing and Addressed. Notice will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery, or courier; and
(c) addressed to the Province and the Recipient as set out in Schedule “B” (Specific Information), or as either Party later designates to the other by Notice. A.15.2 Notice Given. Notice will be deemed to have been given:
(a) in the case of postage-prepaid mail, five Business Days after the Notice is delivered; and
(b) in the case of email, personal delivery, or courier, on the date on which the Notice is delivered.
A.15.3 Postal Disruption. Despite paragraph A.15.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and
(b) the Party giving Notice will provide Notice by email, personal delivery, or courier. A.16.0 CONSENT BY PROVINCE OR CANADA AND COMPLIANCE BY RECIPIENT
A.16.1 Consent. When the Province or Canada provides its consent pursuant to the
Agreement: (a) it will do so by Notice;
(b) it may attach any terms and conditions to the consent; and
(c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province or Canada may have attached to the consent.
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A.17.0 SEVERABILITY OF PROVISIONS A.17.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of
any provision of the Agreement will not affect the validity or enforceability of any
other provision of the Agreement. A.18.0 WAIVER
A.18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement. A.18.2 Waiver Applies. If in response to a request made pursuant to section A.18.1 (Waiver
Request) a Party consents to a waiver, the waiver will:
(a) be valid only if the Party that consents to the waiver provides the consent by Notice; and
(b) apply only to the specific obligation referred to in the waiver. A.18.3 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A.15.0 (Notice). Any
waiver must refer to a specific failure to comply and will not have the effect of waiving
any subsequent failures to comply. A.19.0 INDEPENDENT PARTIES
A.19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of either the Province or Canada, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship.
A.19.2 No Authority to Represent. Nothing in the Agreement is to be construed as authorizing any Person, including a Third Party, to contract for or to incur any obligation on behalf of the Province or Canada, or both, or to act as an agent for the Province or Canada. The Recipient will take the necessary action to ensure that any
Contract between the Recipient and a Third Party contains a provision to that effect. A.20.0 ASSIGNMENT OF AGREEMENT OR FUNDS
A.20.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement.
A.20.2 Agreement Binding. All rights and obligations contained in the Agreement will extend
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to and be binding on: (a) the Recipient’s successors and permitted assigns; and
(b) the successors to Her Majesty the Queen in right of Ontario. A.21.0 GOVERNING LAW
A.21.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario,
which will have exclusive jurisdiction over such proceedings.
A.22.0 FURTHER ASSURANCES
A.22.1 Agreement into Effect. The Recipient will:
(a) provide such further assurances as the Province may request from time to time in respect to any matter to which the Agreement pertains; and
(b) do or cause to be done all acts or things necessary to implement and carry into
effect the terms and conditions of the Agreement to their full extent. A.23.0 JOINT AND SEVERAL LIABILITY
A.23.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement.
A.24.0 RIGHTS AND REMEDIES CUMULATIVE & JOINT AUTHORSHIP A.24.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of
its rights and remedies provided by law or in equity.
A.24.2 Joint Authorship Of Agreement. Each and every provision of this Agreement shall
be construed as though both Parties participated equally in the drafting of same, and
any rule of construction that a document shall be construed against the drafting party,
including without limitation, the doctrine commonly known as contra proferentem, shall
not be applicable to this Agreement. The Parties shall not seek to avoid a provision
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herein because of its authorship through recourse to a third-party, court, tribunal or
arbitrator.
A.25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS
A.25.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies
(a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement;
(c) has, if applicable, failed to rectify such Failure in accordance with the
requirements of such other agreement; and
(d) such Failure is continuing,
the Province, at its sole discretion, may suspend the payment of Funds for such period
as the Province determines appropriate and may demand immediate repayment or deduct such amounts owing plus any Interest Earned from the remaining Funds, if any, as a result of such Failure.
A.26.0 SURVIVAL
A.26.1 Survival. Any rights and obligations of the Parties that, by their nature, extend beyond the termination of the Agreement will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement. Surviving
provisions include, without limitation, the following Articles, sections and paragraphs,
and all applicable cross-referenced Articles, sections, paragraphs, schedules, and sub-schedules: Articles 1.0 (Entire Agreement), 2.0 (Conflict or Inconsistency), 5.1 (Acknowledgement from Recipient), 6.0 (Canada’s Rights and Information Sharing with Canada), A.1.0 (Interpretation and Definitions) and any other applicable definitions,
A.2.0 (Representations, Warranties, and Covenants), A. 4.1(c), A.4.2(c), sections A.4.4
(Interest-Bearing Account), A.4.5 (Interest), A.4.6 (Maximum Funds and Recovery of Excesses), A.4.8 (Rebates, Credits, and Refunds), A.4.9 (Recipient’s Acknowledgement of Responsibility for Project), A.5.5 (Disposal of Assets), A.7.1 (Province and Canada Include), A.7.2 (Preparation and Submission) (to the extent that the Recipient has not provided the Reports or other reports as may have been
requested to the satisfaction of the Province), A.7.3 (Record Maintenance), A.7.4 (Records Review), A.7.5 (Inspection and Removal), A.7.6 (Cooperation), A.7.7 (No Control of Records), A.7.8 (Auditor General (Ontario and Canada)), A.7.9 (Sharing of Audit Findings and Reports), A.7.10 (Evaluation), A.7.11 (Calculations), Articles A.8.0 (Communications Requirements), A.9.0 (Limitation of Liability and Indemnity), A.10.1,
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for a period extending 90 Business Days beyond the Terms, sections A.11.2 (Consequences of Termination on Notice by the Province), A.12.1 (Events of Default), paragraphs A.12.2(d), (e), (f), (g), (h) and (i), A.13.0 (Funds Upon Expiry), A.14.0 (Debt
Due and Payment), A.15.0 (Notice), and A.17.0 (Severability of Provisions), section
A.20.2 (Agreement Binding), and Articles A.21.0 (Governing Law), A.23.0 (Joint and Several Liability), A.24.0 (Rights and Remedies Cumulative & Joint Authorship), A.26.0 (Survival), A.27.0 (Environmental Requirements and Assessments), A.28.0 (Aboriginal Consultation), and A.31.0 (Special Conditions).
A.27.0 ENVIRONMENTAL REQUIREMENTS AND ASSESSMENTS
A.27.1 Federal Environmental Requirements. Without limitation to the Recipient’s obligations to comply with Environmental Laws and for greater clarity:
(a) no site preparation, removal of vegetation or construction will occur in respect of
the Project; and (b) the Province will have no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province, until Canada is satisfied that federal
requirements are met, and continue to be met, under the following: (i) Canadian Environmental Assessment Act, 2012; (ii) other applicable environmental assessment legislation that is or may come
into force during the term of the Agreement; and (iii) other applicable agreements between Canada and Aboriginal Communities. A.27.2 Assessments. The Recipient will complete the assessments that are further
described in Schedule “D” (Reports). A.28.0 ABORIGINAL CONSULTATION
A.28.1 Aboriginal Consultation Protocol. The Parties agree to be bound by the terms and conditions of the Aboriginal Consultation Protocol provided for in Schedule “I” (Aboriginal Consultation Protocol). A.28.2 Legal Duty to Consult. Until Canada and, if applicable, the Province are satisfied that
any legal duty to consult and, where appropriate, to accommodate Aboriginal
Communities, or any other federal consultation requirement, has been, and continues to be met: (a) no site preparation, removal of vegetation or construction will occur in respect of
the Project; and
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(b) despite section A.4.1, the Province has no obligation to pay any Eligible Expenditures that are capital costs, as determined by the Province and Canada; and, for the Project requiring consultation, Canada and, if applicable, the
Province must be satisfied that:
(i) Aboriginal Communities have been notified and, if applicable, consulted; (ii) where consultation has occurred, the Recipient has provided a summary of
consultation or engagement activities, including a list of Aboriginal
Communities consulted, concerns raised, and how each of the concerns have been addressed or, if not addressed, an explanation as to why not;
(iii) the Recipient is carrying out accommodation measures, where appropriate;
and
(iv) any other information has been provided which Canada or the Province, or both, may deem appropriate. A.28.3 Funding Conditional upon Meeting Aboriginal Consultation Obligations. No
Funds will be provided to the Recipient under the Agreement unless Canada and, if applicable in the opinion of the Province, the Province are satisfied that their respective obligations have been met in respect of the legal duty to consult and, if applicable, accommodate any Aboriginal Community. A.29.0 COMMITTEE A.29.1 Establishment of Committee. The Province may, at its sole discretion, require the
establishment of a committee to oversee the Agreement (the “Committee”). A.29.2 Notice of Establishment of Committee. Upon Notice from the Province, the Parties will hold an initial meeting to establish, in accordance with Schedule “K” (Committee), the Committee described in section A.29.1 (Establishment of Committee). A.30.0 DISPUTE RESOLUTION A.30.1 Contentious Issues. The Parties will keep each other informed of any issues that
could be contentious. A.30.2 Examination by the Committee and Parties. If a contentious issue arises and a Committee has been established under section A.29.1 (Establishment of Committee), the Parties will refer the contentious issue that may arise to the Committee for
examination. In the absence of a Committee, the Parties will examine the contentious issue.
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A.30.3 Potential Dispute Resolution by Committee. The Committee or the Parties, as the case may be, will attempt, reasonably and in good faith, to resolve disputes as soon
as possible and, in any event, within, for the Committee, 30 days, or, for the Parties,
90 days of receiving Notice of a contentious issue. A.30.4 Dispute Resolution by the Parties. If the Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a
decision within 60 Business Days of the Notice.
A.30.5 Alternative Mechanisms for Dispute Resolutions. Where the Parties cannot agree on a resolution, the Parties may use any alternative dispute resolution mechanisms available to them to resolve the issue.
A.30.6 Suspension of Payments. The Province may suspend any payments related to any contentious issue or dispute raised by either Party, together with the obligations related to such issue, pending resolution.
A.31.0 SPECIAL CONDITIONS A.31.1 Special Conditions. The Province’s funding under the Agreement is conditional upon,
(a) on or before the Effective Date, the Recipient having provided to the satisfaction
of the Province with: (i) a copy of the by-law(s), council resolution(s) or both or any other necessary instrument applicable to the Recipient authorizing its entry into the
Agreement;
(ii) the certificates of insurance or any other proof the Province may request pursuant to section A.10.2 (Proof of Insurance);
(iii) banking information, such as a void cheque or a bank letter, for an interest-
bearing account in the name of the Recipient at a Canadian financial institution, into which the Province may transfer funds electronically; and (iv) any other Reports requested by the Province in the format specified.
(b) prior to submitting a request for payment in respect of the Project under the Agreement if required by the Province, (i) the Recipient having provided to the satisfaction of the Province with
written confirmation that:
a. the Recipient is in compliance with all Environmental Laws, including
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the Recipient’s obligations under section A.27.1 (Federal Environmental Requirements), and has obtained all necessary approvals and permits;
b. the Recipient has met any requirements under Article A.28.0 (Aboriginal
Consultation) that may apply to the Project; and c. the Recipient has the necessary ownership of any real property required for the completion of the Project; and
(ii) the Recipient having provided to the satisfaction of the Province with any required assessments pursuant to Article A.27.0 (Environmental Requirements and Assessments); and
(c) where the Recipient is a municipality, the Recipient having submitted to the
satisfaction of the Province, in a form and at an address supplied by the Province, an asset management self-assessment on or before the Effective Date, and, thereafter annually on or before a date provided by the Province, until the Project reaches Substantial Completion.
For greater certainty, if the Province provides any Funds to the Recipient before the conditions set out in this Article A.31.0 (Special Conditions) have been met, and unless the Province has waived compliance with such condition in writing, the Province may exercise one or more of the remedies available to it pursuant to section
A.12.2 (Consequences of Event of Default and Corrective Action).
END OF GENERAL TERMS AND CONDITIONS
[SCHEDULE “B” – SPECIFIC INFORMATION FOLLOWS]
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SCHEDULE “B”
SPECIFIC INFORMATION
B.1.0 EXPIRATION DATE
B.1.1 Expiration date. The Expiration Date is March 31, 2028.
B.2.0 MAXIMUM FUNDS
B.2.1 Maximum Funds. Maximum Funds means the sum of Canada’s Maximum Contribution and Ontario’s Maximum Contribution.
B.3.0 ADDRESSEES B.3.1 Addressees. All Reports and Notices under the Agreement will be submitted to the Province at the address listed below:
Contact information for the purposes of Notice to the
Province
Address: Ministry of Infrastructure Infrastructure Program Delivery Branch
777 Bay Street, Floor 4, Suite 425
Toronto, Ontario, M7A 2J3 Attention: Manager, Program Delivery Unit
Email: ICIPculture@ontario.ca
Contact information for the purposes of Notice to the Recipient
Position: CAO|Clerk Address: 9344 Plank Road, Straffordville, Ontario
N0J1Y0 Email: pshipway@bayham.on.ca
[SCHEDULE “C” - PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES
AND PROJECT STANDARDS FOLLOWS]
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SCHEDULE “C” PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES AND PROJECT STANDARDS
C.1.0 PROJECT DESCRIPTION C.1.1 Project Description. The Project, Straffordville Community Hub Construction & Rehabilitation, will:
This project will complete Hub additions to facilitate all season accessible, equitable, structured and unstructured recreation opportunities to meet community need and promote healthy lifestyles accessible by active modes of transportation.
The extension will be 1,400 square feet and include change rooms, a canteen, a
universal washroom and a commercial kitchen. It will also include construction of a 3,920 square foot covered, open air pavillion with a new 4" concrete slab, and the construction of a 2,300 square foot x 6' accessible walking trail with connection to accessible seating areas at sports fields, playground equipment and facilities.
The project will also rehabilitate the pavillion, sport field buildings and upgrade sport field lighting to LED. Enhancements will provide an additional 35,612m2 of newly renovated, accessible space, and an additional 1,440 hours of structured or unstructured use available per year.
It will also provide space for 13 known (and more unknown) community groups to offer community programming and, it will service a minimum of 17,400 persons, over 40% of whom are 19 years old or younger, and 35% who have low or vulnerable income including the Mennonite community and temporary farm labourers.
C.2.0 FINANCIAL INFORMATION C.2.1 Total Eligible Expenditures. Total Eligible Expenditures means $2,003,300.00 rounded to two decimal places.
C.2.2 Ontario’s Maximum Contribution. Ontario’s Maximum Contribution means $667,098.90, rounded to two decimal places, towards the Total Eligible Expenditures of the Project.
C.2.3 Canada’s Maximum Contribution. Canada’s Maximum Contribution means $801,320.00, rounded to two decimal places, towards the Total Eligible Expenditures of the Project. C.2.4 Percentage of Provincial Support. Percentage of Provincial Support means 33.33%,
rounded to two decimal places, towards the Total Eligible Expenditures of the Project.
C.2.5 Percentage of Federal Support. Percentage of Federal Support means 40.00%,
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rounded to two decimal places, towards the Total Eligible Expenditures of the Project.
C.3.0 TIMELINES C.3.1 Federal Approval Date. Federal approval date means January 08, 2021.
C.4.0 PROJECT STANDARDS C.4.1 Canada’s Requirements for Standards. In addition to any other standards that the Recipient must meet or exceed for the Project, the Recipient will ensure the Project meets or exceeds the following:
(a) any applicable energy efficiency standards for buildings outlined in Canada’s
Pan-Canadian Framework on Clean Growth and Climate Change provided by Canada at www.canada.ca/en/services/environment/weather/climatechange/pan-canadian-framework.html, or at any other location the Province may provide; and
(b) the accessibility requirements of the highest accessibility standards published in Ontario, in addition to accessibility requirements in applicable provincial building codes and relevant municipal by-laws.
C.5.0 CHANGES TO THE PROJECT DESCRIPTION, FINANCIAL INFORMATION, TIMELINES, AND PROJECT STANDARDS C.5.1 Province’s and Canada’s Consent. Any change to the Project will require the
Province’s and Canada’s consent. When seeking to make a change in respect of the
Project, the Recipient will submit updated Project information and any other information that the Province or Canada, or both, may require to the satisfaction of Canada and the Province.
[SCHEDULE “D” – REPORTS FOLLOWS]
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SCHEDULE “D” REPORTS
D.1.0 REPORTING REQUIREMENTS D.1.1 Reports. The Recipient will submit all Reports to the Province in a manner, format, at such dates and with such content, as may be prescribed by the Province from time
to time, at its sole discretion, prior to its required submission by the Province. Without limitation and at the sole discretion of the Province, Reports will include the following: (a) Progress Reports. The Recipient will submit Progress Reports to the
Province in a format to be prescribed by the Province. The Recipient will:
(i) submit to the Province, up and until the Final Payment has been made
pursuant to Schedule J (Request for Payment and Payment
Procedures), Progress Reports in each calendar year on or before:
a. For 2021: September 1
b. For 2022: March 1
(ii) ensure that each Progress Report will include, without limitation and at
the sole discretion of the Province, the following information in respect
of the Project:
a. Canada’s and the Province’s respective forecasted
contributions to the Project by Funding Year;
b. the construction start date and the construction end date
(forecasted and actual where applicable);
c. the percentage of the Project that has been completed;
d. risks and mitigation strategies;
e. confirmation that the Project is on track to achieve expected
results or, if the Project is Substantially Completed,
confirmation of actual results; and
f. confirmation that all required signage for the Project has been
installed.
(b) Claim Reports. Other than for the Final Payment, once per year, the
Recipient will submit a request for payment for Eligible Expenditures in
respect of the Project to the Province that is in a format to be prescribed by
the Province. The request for payment must be submitted by an authorized
representative of the Recipient.
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Subject to any other information the Province, at its discretion, may require
from time to time, a request for payment shall include:
(i) a detailed breakdown of invoices that are being claimed for
reimbursement; and
(ii) copies of invoices.
Subject to the prior written consent of the Province, which shall be at the
Province’s sole and absolute discretion, the Recipient may request in writing
the submission of a request for payment on a more frequent basis.
Notwithstanding anything to the contrary, such request shall in no
circumstance be more frequent than once per quarter.
(c) Reporting Requirements at Project Substantial Completion. Within 60
Business Days of reaching Substantial Completion, the Recipient shall
submit:
(i) a declaration of project Substantial Completion;
(ii) a final Progress Report that includes a summary of the final timelines,
costs, and outcomes (how the Project aligns with provincial and
federal objectives);
(iii) a Final Payment request, following the form and requirements set out
in D1.1(b);
(iv) a summary of any Communications Activities made for the Project;
and,
(v) a photograph of the Project
(d) Other Reports. Any other reports that the Province so directs on or before
such date and with such content as the Province directs.
D.2.0 ABORIGINAL CONSULTATION RECORD D.2.1 Inclusion of Aboriginal Consultation Record. The Recipient will include an
updated Aboriginal Consultation Record, if consultation with any Aboriginal
Community is required, in its Progress Report.
D.3.0 RISK ASSESSMENT
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D.3.1 Further Details on Risk Assessment. Upon the Province’s written request and
within the timelines set out by the Province, the Recipient will provide further details
on the risk assessment in respect of the Project.
D.4.0 COMPLIANCE AUDIT(S)
D.4.1 Compliance Audit(s). Without limiting the generality of section A.7.4 (Records
Review), if requested by the Province from time to time, which request shall be at
the Province’s sole discretion, the Recipient, at its own expense, will forthwith retain
an independent third party auditor to conduct one or more compliance audits of the
Recipient or any Project. The audit will be conducted in accordance with Canadian
Generally Accepted Auditing Standards, as adopted by the Canadian Institute of
Chartered Accountants, applicable as of the date on which a record is kept or
required to be kept under such standards. In addition, the audit will assess the
Recipient’s compliance with the terms of the Agreement and will address, with
respect to each Project, without limitation, the following:
(a) whether the Funds were spent in accordance with the Agreement and with
due regard to economy, efficiency, and effectiveness;
(b) the Project’s progress or state of completion;
(c) whether the financial information the Recipient provided is complete,
accurate, and timely, and in accordance with the Agreement;
(d) whether the Recipient’s information and monitoring processes and systems
are adequate to identify, capture, validate, and monitor the achievement of
intended benefits of the Project;
(e) the overall management and administration of the Project;
(f) recommendations for improvement or redress; and
(g) whether prompt and timely corrective action is taken on prior audit findings.
[SCHEDULE “E” - ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES FOLLOWS]
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SCHEDULE “E” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES E.1.0 ELIGIBLE EXPENDITURES E.1.1 Notwithstanding anything to the contrary herein the Agreement, Eligible
Expenditures shall only include those direct costs that are considered, in the
Province’s and Canada’s sole and absolute discretion, to be directly necessary for
the successful completion of the Project, and must be properly and reasonably
incurred and paid to an arm’s length party as evidenced by invoices, receipts or
other records that are satisfactory to the Province and Canada, in their sole and
absolute discretion, and that are associated with the acquisition, planning,
environmental assessments, design and engineering, project management,
materials and construction or renovation of the Project. Eligible Expenditures
exclude costs set out as Ineligible Expenditures in section E.2.1 below, but may
include:
(a) The incremental costs of the Recipient’s staff or employees provided that:
(i) The Recipient is able to demonstrate that it is not economically
feasible to tender a Contract that ensures the acquisition of the
required goods or services at the best value for money; and
(ii) The arrangement is approved in advance in writing by the Province
and Canada.
(b) Any costs that are determined by the Province and Canada, in their sole
discretion, to be Eligible Expenditures; and
(c) Notwithstanding section E.2.1(a) of this Schedule, expenditures related to the
Project associated with completing climate lens assessments or associated
with Aboriginal consultation and engagement activities, if applicable, that
were incurred after February 15, 2018.
E.2.0 INELIGIBLE EXPENDITURES
E.2.1 Without limiting the discretion of Province and Canada in section E.1.1, the following costs are Ineligible Expenditures and are therefore ineligible to be paid from the Funds:
(a) Costs incurred prior to the Federal Approval Date;
(b) Costs incurred after March 31, 2027;
(c) All expenditures related to Contracts signed prior to the Federal Approval
Date;
(d) Costs incurred for terminated or cancelled Projects;
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(e) Costs related to developing a business case or proposal or application for
funding;
(f) Costs associated with the acquisition, expropriation or leasing of:
(i) Land,
(ii) Buildings, or
(iii) Other facilities
(g) Costs associated with the acquisition or leasing of equipment other than
equipment directly related to the construction, improvement, repair,
rehabilitation or reconstruction of the Project where the Province has not
provided its prior written approval;
(h) Costs that have not been claimed for reimbursement by March 31st of the
year following the year in which the costs were incurred;
(i) Capital costs, including site preparation and construction costs, until Canada
and if applicable the Province have confirmed in writing that environmental
assessment and Aboriginal consultation obligations have been fully met and
continue to be fully met;
(j) Costs related to any component of the Project other than its approved scope;
(k) Real estate fees and related costs;
(l) Costs incurred for the general operation, repair and regularly scheduled
maintenance of the Project;
(m) Services or works normally provided by the Recipient, incurred in the course
of implementation of the Project, except those specified as Eligible
Expenditures;
(n) Expenditures related to any goods and services which are received through
donations or in-kind contributions;
(o) Any overhead costs, including salaries and other employment benefits of any
employees of the Recipient, its direct or indirect operating or administrative
costs, and more specifically its costs related to planning, engineering,
architecture, supervision, management and other activities normally carried
out by its staff, except in accordance with the list of Eligible Expenditures
above;
(p) Unreasonable meal, hospitality or incidental costs or expenses of any Third
Party;
(q) Any amount for which the Recipient has received, will receive or is eligible to
receive, a rebate, credit or refund, in full or in part;
(r) Taxes of any kind;
(s) Costs of relocating entire communities;
(t) In the Province’s sole discretion, the costs of communication activities
undertaken by the Recipient that did not conform with the requirements of the
Communications Protocol in Schedule “G”;
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(u) Any amounts incurred or paid by the Recipient to an entity that is not at arm’s
length from the Recipient, except in accordance with the list of Eligible
Expenditures above;
(v) Costs incurred contrary to Article 5 of Schedule “A” (Recipient’s Acquisition
of Goods or Services, Contract Provisions, and Disposal of Assets) of this
Agreement;
(w) The costs, charges, penalties or fees incurred or paid by the Recipient in the
process of having a cost determined to be an Ineligible Expenditure.
(x) Costs, charges, penalties or fees incurred or paid by the Recipient that are a
result of late or non-payment, rush requests, or contract termination or non-
compliance;
(y) Legal fees, financing charges and loan interest payments, including those
related to easements (e.g., surveys);
(z) Costs of furnishings and non-fixed assets which are not essential for the
operation of the funded Asset or Project, as well as all costs associated with
moveable assets or rolling stock; and
(aa) Any other cost which is not specifically listed as an Eligible Expenditure
under Article E.1.0 (Eligible Expenditures) and which, in the opinion of the
Province, is considered to be ineligible.
[SCHEDULE “F” – EVALUATION FOLLOWS]
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SCHEDULE “F” EVALUATION
F.1.0 PROJECT AND ICIP EVALUATIONS
F.1.1 Recipient’s Participation in Project and ICIP Evaluations. The Recipient understands that the Province or Canada, or both, may ask the Recipient to participate in one or more evaluation in respect of the Project or the ICIP during and for a period of up to six years after March 31, 2028. The Recipient agrees, if asked
and at its own expense, to provide Project-related information to the Province or Canada, or both, for any evaluation.
F.1.2 Results of Project and ICIP Evaluations. The result of any evaluation carried under section F.1.1 (Recipient’s Participation in Project and ICIP Evaluations) will
be made available to the public, subject to all applicable laws and policy
requirements.
[SCHEDULE “G” – COMMUNICATIONS PROTOCOL FOLLOWS]
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SCHEDULE “G” COMMUNICATIONS PROTOCOL G.1.0 DEFINITIONS G.1.1 Definitions. For the purposes of this Schedule “G” (Communications Protocol): “Joint Communications” means events, news releases, and signage that relate
to the Agreement or the Bilateral Agreement, or both, that are not operational in nature, and that are collaboratively developed and approved by, (a) in the case of the Bilateral Agreement, Canada, the Province and the Recipient; and
(b) in the case of the Agreement, the Province and the Recipient. G.2.0 PURPOSE G.2.1 Purpose. This communications protocol outlines the roles and responsibilities of each of the Parties to the Agreement in respect of Communications Activities related to the Project.
G.2.2 Guidance. This communications protocol will guide all planning, development and implementation of Communications Activities with a view to ensuring efficient, structured, continuous, consistent, and coordinated communications to the Canadian public.
G.2.3 Application to Communications Activities. The provisions of this communications protocol apply to all Communications Activities related to the Agreement and the Project. G.3.0 GUIDING PRINCIPLES G.3.1 Information to Canadians. Communications Activities undertaken through this communications protocol should ensure that Canadians are informed about the Project’s benefits, including the ways in which the Project helps improve their
quality of life. G.3.2 Factors to Consider. The scale and scope of Communications Activities undertaken for any Project will take into consideration the financial value, scope and duration of the Project and the feasibility of Joint Communications for such
Communications Activities.
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G.3.3 Deficiencies and Corrective Actions. The Province will communicate to the Recipient any deficiencies or corrective actions, or both, identified by the Province, Canada or, as applicable, the Committee.
G.3.4 Approval of Communications Material. The announcement or publication of the Project must be approved by the Parties and Canada prior to being carried out.
G.3.5 Costs of Communication Activities. With the exception of advertising campaigns outlined in Article G.10.0 (Advertising Campaigns), the costs of Communication Activities and signage will follow the eligibility rules established in Schedule “E” (Eligible Expenditures and Ineligible Expenditures). G.4.0 JOINT COMMUNICATIONS G.4.1 Subject Matter. The Parties and Canada may have Joint Communications about the funding and status of the Project.
G.4.2 Prior Knowledge and Agreement. Joint Communications in respect of the Project should not occur without the prior knowledge and agreement of the Parties and Canada.
G.4.3 Recognition of the Province’s and Canada’s Contributions. All Joint Communications material must be approved by the Province and Canada and will recognize the Province’s and Canada’s contribution or the Total Financial Assistance, or both, received in respect of the Project.
G.4.4 Notice and Timing. The Recipient and the Province, on its own behalf or that of Canada, may request Joint Communications. The Party requesting the Joint Communications will provide at least 15 Business Days’ notice to the other Party. If the Communications Activity is an event, it will take place at a date and location mutually agreed to by the Parties and, if applicable, Canada.
G.4.5 Participation and Representatives. The Party requesting a Joint Communications will provide the opportunity for the other Party and Canada to choose to participate and, if they do so choose, their own designated representative (in the case of an event).
G.4.6 English and French. Canada has an obligation to communicate in English and French. Communications products related to events must be bilingual and include the Canada word mark and the logos of the Parties. In such cases, Canada will provide the translation services and final approval on products.
G.4.7 Table of Precedence for Canada. The conduct of all Joint Communications will, as applicable, follow the Table of Precedence for Canada provided by Canada at
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https://www.canada.ca/en/canadian-heritage/services/protocol-guidelines-special-event/table-precedence-canada.html, or at any other location as the Province may provide. G.5.0 INDIVIDUAL COMMUNICATIONS
G.5.1 Canada’s Obligations. Notwithstanding Article G.4.0 (Joint Communications), the
Parties agree that Canada or the Province, or both, have the right to communicate information to Canadians and Ontarians about the Agreement and the use of Funds to meet its legislated and regulatory obligations through their respective own Communications Activities.
G.5.2 Restrictions. Each Party may include general ICIP messaging and an overview in respect of the Project in their own Communications Activities. The Province and the Recipient will not unreasonably restrict the use of, for their own purposes, Communications Activities related to the Project and, if the communications are web- or social-media based, the ability to link to it. Canada has also agreed, in the
Bilateral Agreement, to the above. G.5.3 Publication. The Recipient will indicate, in respect of the Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of
Canada and the Province. G.5.4 Canada’s Recognition in Documents. In respect of the Project where the deliverable is a document, such as but not limited to plans, reports, studies, strategies, training material, webinars, and workshops, the Recipient will clearly
recognize Canada’s and the Province’s respective financial contribution for the Project. G.5.5 Acknowledgement of Support. Unless the Province directs the Recipient to do otherwise, the Recipient will, in respect of the Project-related publications, whether
written, oral, or visual, acknowledge the Province’s and Canada’s support for the Project. G.6.0 OPERATIONAL COMMUNICATIONS
G.6.1 Responsibility of Recipient. The Recipient is solely responsible for operational communications in respect of the Project, including but not limited to calls for tender, contract awards, and construction and public safety notices. Operational communications as described above are not subject to the Official Languages Act
of Canada.
G.7.0 MEDIA RELATIONS
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G.7.1 Significant Media Inquiry. The Province and the Recipient will share information promptly with the other Party and Canada if significant media inquiries are received or emerging media or stakeholder issues arise in respect of a Project or
the ICIP. G.8.0 SIGNAGE
G.8.1 Recognition of Funding Contribution. The Parties agree that Canada, the Province and the Recipient may each have signage recognizing their funding contribution in respect of the Project. G.8.2 Funding Recognition. Unless otherwise agreed by Canada or the Province, or
both, the Recipient will produce and install a sign to recognize the funding contributed by the Province or Canada, or both, at the Project site in accordance with, as applicable, their current respective signage guidelines. Federal sign design, content, and installation guidelines will be provided by Canada. Provincial sign design, content, and installation guidelines will be provided by the Province.
G.8.3 Permanent Plaque. Where the Recipient decides to install a permanent plaque or another suitable marker in respect of the Project, the Recipient will: (a) on the marker, recognize the Province’s and Canada’s contributions; and
(b) prior to installing the marker, seek the prior written approval of both Canada and the Province, each respectively, for its content and installation. G.8.4 Notice of Sign Installation. The Recipient will inform the Province of sign
installations, including providing the Province with photographs of the sign, once the sign has been installed. G.8.5 Timing for Erection of Sign. If erected, signage recognizing Canada’s and the Province’s respective contributions will be installed at the Project site(s) 30 days
prior to the start of construction, be visible for the duration of the Project, and remain in place until 30 days after construction is completed and the infrastructure is fully operational or opened for public use. G.8.6 Size of Sign. If erected, signage recognizing Canada’s and the Province’s
respective contribution will be at least equivalent in size and prominence to
Project signage for contributions by other orders of government and will be installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility.
G.8.7 Responsibility of Recipient. The Recipient is responsible for the production and
installation of Project signage, and for maintaining the signage in a good state of repair during the Project, or as otherwise agreed upon.
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G.9.0 COMMUNICATING WITH RECIPIENT
G.9.1 Facilitation of Communications. The Province agrees to facilitate, as required, communications between Canada and the Recipient for Communications Activities. G.10.0 ADVERTISING CAMPAIGNS G.10.1 Notice of Advertising Campaigns. Recognizing that advertising can be an effective means of communicating with the public, the Recipient agrees that Canada or the Province, or both, may, at their own cost, organize an advertising
or public information campaign in respect of the Project or the Agreement. However, such a campaign will respect the provisions of the Agreement. In the event of such a campaign, Canada or the Province will inform each other and the Recipient of its intention no less than 21 Business Days prior to the campaign launch.
[SCHEDULE “H” – DISPOSAL OF ASSETS FOLLOWS]
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SCHEDULE “H” DISPOSAL OF ASSETS H.1.0 DEFINITIONS H.1.1 Definitions. For the purposes of this Schedule “H” (Disposal of Assets): “Asset Disposal Period” means the period commencing on the Effective Date and
ending five (5) years after the Expiration Date.
H.2.0 DISPOSAL OF ASSETS
H.2.1 Asset Disposal Period. Unless otherwise agreed to by the Province, the Recipient
will maintain the ongoing operations and retain title to and ownership of any Asset acquired in respect of the Project for the Asset Disposal Period. H.2.2 Disposal of Asset and Payment. If, at any time within the Asset Disposal Period, the Recipient sells, leases, encumbers, or otherwise disposes, directly or indirectly,
of any Asset other than to Canada, the Province, or a municipal or regional government established by or under provincial statute, the Province may require the Recipient to reimburse the Province or Canada, via the Province, for any Funds received for the Project.
[SCHEDULE “I” – ABORIGINAL CONSULTATION PROTOCOL FOLLOWS]
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SCHEDULE “I” ABORIGINAL CONSULTATION PROTOCOL I.1.0 DEFINITIONS I.1.1 Definitions. For the purposes of this Schedule “I” (Aboriginal Consultation Protocol): “Aboriginal Community”, also known as “Aboriginal Group”, includes First Nation,
Métis, and Inuit communities or peoples of Canada. “Aboriginal Consultation Plan” means the Aboriginal Consultation Plan described in section I.2.1 (Development of Plan).
I.2.0 ABORIGINAL CONSULTATION PLAN I.2.1 Development of Plan. The Province, based on the scope and nature of the Project or at the request of Canada, may require the Recipient, in consultation with the
Province or Canada, or both, to develop and comply with an Aboriginal consultation plan (“Aboriginal Consultation Plan”). I.2.2 Procedural Aspects of Aboriginal Consultation. If consultation with Aboriginal Communities is required, the Recipient agrees that:
(a) the Province or Canada, or both, may delegate certain procedural aspects of the consultation to the Recipient; and (b) the Province or Canada, or both, will provide the Recipient with an initial list of
the Aboriginal Communities the Recipient will consult. I.2.3 Provision of Plan to Province. If, pursuant to section I.2.1 (Development of Plan), the Province provides Notice to the Recipient that an Aboriginal Consultation Plan is required, the Recipient will, within the timelines provided in the Notice, provide the
Province with a copy of the Aboriginal Consultation Plan. I.2.4 Changes to Plan. The Recipient agrees that the Province or Canada, in the sole discretion of the Province or Canada and from time to time, may require the Recipient to make changes to the Aboriginal Consultation Plan.
I.3.0 ABORIGINAL CONSULTATION RECORD I.3.1 Requirements for Aboriginal Consultation Record. If consultation with an
Aboriginal Community is required, the Recipient will maintain an Aboriginal
Consultation Record and provide such record to the Province, and any update to it, as part of its reporting to the Province pursuant to section D.3.1 (Inclusion of Aboriginal Consultation Record).
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I.4.0 RESPONSIBILITIES OF THE RECIPIENT
I.4.1 Notification to and Direction from the Province. The Recipient will immediately notify the Province: (a) of contact by Aboriginal Communities regarding the Project; or
(b) of any Aboriginal archaeological resources that are discovered in relation to the Project, and, in either case, the Recipient agrees that the Province or Canada, or both, may
direct the Recipient to take such actions as the Province or Canada, or both, may require. The Recipient will comply with the Province's or Canada’s direction. I.4.2 Direction from the Province and Contracts. In any Contract, the Recipient will provide for the Recipient's right and ability to respond to direction from the
Province or Canada, or both, as the Province or Canada may provide in accordance with section I.4.1 (Notification to and Direction from the Province). [SCHEDULE “J” – REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES FOLLOWS]
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SCHEDULE “J” REQUESTS FOR PAYMENT AND PAYMENT PROCEDURES
J.1.0 DEFINITION J.1.1 Definition. For the purposes of this Schedule “J” (Requests for Payment and Payment Procedures): “Final Payment” means the final payment by the Province to the Recipient in respect of the Project as described in and to be paid in accordance with Article J.8.0 (Final Payment).
J.2.0 PROCEDURES AND TIMING FOR REQUESTS FOR PAYMENT J.2.1 Procedures. The procedures provided for in Article J.3.0 of this Schedule “J” (Procedures for Requests for Payment for Eligible Expenditures) will apply to requests for payment that the Recipient submits to the Province under the
Agreement.
J.2.2 Diligent and Timely Manner. The Recipient will submit its requests for payment for Eligible Expenditures in respect of the Project to the Province in a diligent and timely manner. If no Eligible Expenditures have been incurred in the twelve months
preceding the date before which a request for payment is due under D.1.1(b), the
Recipient will notify the Province that no claim is being submitted for that period. J.3.0 PROCEDURES FOR REQUESTS FOR PAYMENT FOR ELIGIBLE
EXPENDITURES
J.3.1 Timing, Reports and Documents. The Recipient will submit each request for payment for Eligible Expenditures, including the Final Payment request, in respect of the Project to the Province in accordance with, and on the frequency as indicated
in Schedule “D” (Reports) and, if the Province so requested pursuant to paragraph
K.4.1(f), after review by the Committee.
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J.4.0 PAYMENTS OF FUNDS
J.4.1 Payment by the Province. Subject to the terms and conditions of the Agreement, upon receipt of a request for payment fully completed in accordance with this Schedule “J” (Requests for Payment and Payment Procedures), the Province will use its reasonable efforts to pay Funds to the Recipient based on the Recipient’s incurred and paid Eligible Expenditures up to the Maximum Funds, if due and owing
under the terms of the Agreement. Claims will be reimbursed based on the Percentage of Provincial Support and the Percentage of Federal Support as set out in Schedule “C”. J.4.2 For greater certainty and without limitation, before the Province makes a payment to
the Recipient, the following terms and conditions of the Agreement must be met, in the opinion of the Province or Canada, or both: (a) the conditions set out in paragraph A.4.2(c) of Schedule “A”;
(b) the special conditions listed in Article A.31.0 of Schedule “A” (Special Conditions); (c) receipt and acceptance by the Province of all required Reports and other reports, as applicable;
(d) compliance with all applicable audit requirements under the Agreement; and (e) applicable communications requirements, as set out Schedule “G” (Communications Protocol).
J.4.3 The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in this Article J.4.0 (Payments). J.5.0 TIME LIMITS FOR REQUESTS FOR PAYMENTS J.5.1 Timing. The Recipient will submit all requests for payment within 60 Business Days of the Project’s Substantial Completion, or on or before March 31, 2027, whichever is earlier.
J.5.2 No Obligation for Payment. Notwithstanding anything to the contrary herein, the
Province will have no obligation to make any payment for a request for payment that
is received by the Province after:
(a) 60 Business Days following the Substantial Completion of the project; or,
(b) March 31, 2027
whichever is earlier.
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J.6.0 FINAL RECONCILIATION AND ADJUSTMENTS
J.6.1 Final Reconciliation and Adjustments. For the Project, following the submission of the final Progress Report and the declaration of Substantial Completion, the Province will carry out a final reconciliation of all requests for payments and payments in respect of the Project and make any adjustments required in the circumstances. J.7.0 HOLDBACK J.7.1 Holdback. For the Project, the Province may hold back funding in accordance with
section A.4.12 (Retention of Contribution). J.8.0 FINAL PAYMENT
J.8.1 Final Payment. Subject to paragraph A.4.2(c) of Schedule “A”, the Province will pay to the Recipient the remainder of the Funds under the Agreement, including the Holdback, after all of the conditions under section A.4.12 of Schedule “A” (Retention of Contribution) have been met. [SCHEDULE “K” – COMMITTEE FOLLOWS]
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SCHEDULE “K” COMMITTEE
K.1.0 ESTABLISHMENT OF COMMITTEE K.1.1 Establishment and Term of Committee. If the Province requires the establishment of a Committee to oversee the Agreement, pursuant to section A.29.1 (Establishment of
Committee), the Parties will, within 60 days of the Province providing Notice, hold an
initial meeting to establish the Committee. The Committee’s mandate will expire on the Expiration Date of the Agreement.
K.2.0 COMMITTEE MEMBERS, CO-CHAIRS, AND OBSERVERS
K.2.1 Appointments by the Province. The Province will appoint two persons as members of the Committee.
K.2.2 Appointments by the Recipient. The Recipient will appoint two persons as members
of the Committee. K.2.3 Chairs of the Committee. The Committee will be headed by co-chairs chosen from its members, one appointed by the Province and one appointed by the Recipient. If a co-
chair is absent or otherwise unable to act, the member of the Committee duly
authorized in writing by the Province or the Recipient, as applicable, will replace him or her and will act as co-chair in his or her place. K.2.4 Non-committee Member Staff. The Parties may invite any of their staff to participate in
Committee meetings. The Province may invite up to two representatives from Canada
to sit as observers on the Committee. For greater certainty, the staff and representative(s) from Canada will not be considered members and will not be allowed to vote.
K.3.0 MEETINGS AND ADMINISTRATIVE MATTERS K.3.1 Rules of Committee. The Committee will:
(a) meet at least two times a year, and at other times at the request of a co-chair;
and (b) keep minutes of meetings approved and signed by the co-chairs as a true record of the Committee meetings.
K.3.2 Quorum. A quorum for a meeting of the Committee will exist only when both co-chairs are present.
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K.4.0 COMMITTEE MANDATE K.4.1 Mandate. Provided that no action taken by the Committee will conflict with the rights of
the Parties under the Agreement, the mandate of the Committee will include, but not be
limited to: (a) monitoring the implementation of the Agreement including, without limitation, the implementation of Schedule “G” (Communications Protocol), for compliance with
the terms and conditions of the Agreement;
(b) acting as a forum to resolve potential issues or disputes and address concerns; (c) reviewing and, as necessary, recommending to the Parties amendments to the
Agreement;
(d) approving and ensuring audit plans are carried out as per the Agreement; (e) establishing sub-committees as needed;
(f) at the request of the Province, reviewing requests for payments; and (g) attending to any other function required by the Agreement, including monitoring project risk and mitigation measures, or as mutually directed by the Parties.
K.4.2 Committee Decisions. Decisions of the Committee will be made as follows: (a) the co-chairs will be the only voting members on the Committee; and
(b) decisions of the Committee must be unanimous and recorded in writing.
K.5.0 ROLE OF THE RECIPIENT
K.5.1 Requirements. The Recipient undertakes to fulfill, in addition to any other requirements
provided for in this Schedule “K” (Committee), the following: (a) establish a fixed location where the Agreement will be managed, and maintain it until the expiry of the Committee’s mandate and, if relocation is required,
establish a new location;
(b) prepare and retain, at the location described in paragraph K.5.1(a), and make available to the Committee, all documents needed for the work of the Committee, including payment request forms, approval documents, contracts, and agendas
and minutes of meetings of the Committee and its subcommittees;
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(c) ensure that any audit required of the Recipient pursuant to the Agreement is carried out and the results are reported to the Committee;
(d) ensure that administrative and financial systems are developed and implemented
for the Project and the work of the Committee;
(e) promptly inform the Committee of all proposed changes in respect of the Project; and
(f) provide the Committee, as requested and within the timelines set by the
Committee, and to the Committee’s satisfaction, project status information
related to Schedule “D” (Reports).
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AMENDING AGREEMENT NO. 1 TO A TRANSFER PAYMENT AGREEMENT FOR THE INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP): COMMUNITY CULTURE AND RECREATION STREAM
B E T W E E N :
HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Minister of Infrastructure (the “Province”)
- and - Corporation of the Municipality of Bayham
(CRA # 874182769) (the “Recipient”)
BACKGROUND
1. The Province and the Recipient entered into an agreement effective as of November 09, 2021 (the “Agreement”). 2. The Parties wish to amend the Agreement in the manner set out in this amending agreement (the “Amending Agreement No. 1”).
IN CONSIDERATION of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
1. Capitalized terms used but not defined in this Amending Agreement No. 1 have the meanings ascribed to them in the Agreement. 2. Section C.1.1 (Project Description) of Schedule “C” of the Agreement is deleted and replaced with:
C.1.1 Project Description.The Project, Straffordville Community Hub Construction & Rehabilitation, will:
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The Recipient will complete additions to facilitate all season accessible, equitable, structured and unstructured recreation opportunities to meet
community need and promote healthy lifestyles accessible by active modes of
transportation. The extension will be 4,000 square feet and include a canteen, a universal washroom, a commercial kitchen, and a community meeting room. It will also
include the construction of a 2,300 square foot x 6’ accessible walking trail with
connection to accessible seating areas at sports fields, playground equipment and facilities. The Recipient will also rehabilitate the pavilion and sport field buildings.
Enhancements will provide an additional 35,750 m2 of newly renovated,
accessible space, and an additional 1,440 hours of structured or unstructured use available per year. It will also provide space for 13 known (and more unknown) community groups to
offer community programming and, it will service a minimum of 17,400 persons,
over 40% of whom are 19 years old or younger, and 35% who have low or vulnerable income including the Mennonite community and temporary farm labourers.
3. Clause D.1.1(a)(i) of Schedule “D” of the Agreement is deleted and replaced
with: (i) submit to the Province, up and until the Final Payment has been made pursuant to Schedule J (Request for Payment and Payment
Procedures), Progress Reports twice per calendar year on or before March 1 and September 1. 4. Amending Agreement No.1 shall be effective as of the date of the last party to sign the Amending Agreement No. 1.
5. Except for the amendments provided for in this Amending Agreement No. 1, all provisions in the Agreement shall remain in full force and effect. 6. This Amending Agreement No. 1 may be signed in any number of counterparts,
each of which will be deemed to be an original, but all of which will constitute one and the same instrument. 7. This Amending Agreement No. 1 may be validly executed electronically, and the respective electronic signatures are the legal equivalent of manual signatures.
The electronic or manual signature of a Party may be evidenced by one of the following means, and transmission of this Amending Agreement No. 1 may be brought about as follows:
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(i) a manual signature of an authorized signing representative placed in the respective signature line of this Amending Agreement No. 1 and it is scanned as a PDF file and delivered by email to the other Party;
(ii) a digital signature, including the name of the authorized signing
representative is typed in the respective signature line of this Amending Agreement No. 1, an image of a manual signature or an Adobe e-signature of an authorized signing representative, or any other digital signature of an authorized signing representative with
the other Party’s prior written consent, is placed in the respective
signature line of this Amending Agreement No. 1 and it is delivered by email to the other Party; or
(iii) any other means with the other Party’s prior written consent.
[Remainder of page intentionally left blank. Signature page follows.]
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The Parties have executed this Amending Agreement No. 1 on the dates set out below. HIS MAJESTY THE KING IN RIGHT OF ONTARIO
as represented by the Minister of Infrastructure
____________________ ______________ Name: Date Title:
Corporation of the Municipality of Bayham
___________________ ______________
Name: Date
Title: I have authority to bind the Recipient.
___________________ ______________
Name: Date Title: I have authority to bind the Recipient.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-062 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS
IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN
KNOWN AS THE NORTH STREET DRAIN
WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in
accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lots 14 and 15, Concessions 3 in the Municipality of Bayham;
AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No.
224032, prepared by Spriet Associates, dated September 20, 2024, which is attached hereto as Schedule “A”, and forms part of this By-law;
AND WHEREAS the estimated total cost of constructing the drainage work is $206,800.00;
AND WHEREAS the Council is of the opinion that the drainage of the area is desirable;
NOW THEREFORE the Council of the Municipality of Bayham enacts as follows:
1. Engineer Report No. 224032, dated September 20, 2024 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith;
2 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of $206,800.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council; 3 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of,
(a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the
municipality; (c) monies paid under Subsection #61(3) of the Act; and
monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile
Drainage Act as of the date of passing of this By-law.
- 2 -
A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years
after the passing of this by-law. 4. For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount
assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed.
6. This By-law comes into force on the passing thereof.
READ A FIRST AND SECOND TIME this 17th day of OCTOBER, 2024 and provisionally
adopted this 17th day of OCTOBER, 2024.
____________________________ _____________________________
MAYOR CLERK
READ A THIRD TIME AND FINALLY PASSED this day of .
____________________________ _____________________________ MAYOR CLERK
AMENDMENT NO. 38
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Municipality of Bayham
Part of Snow Street, Registered Plan 54
The following text constitutes Amendment No. 38 to the Official Plan of the Municipality of Bayham
OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2024-063, in accordance with Section 17 of the PLANNING ACT, on the 17th day of October 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-063
THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows:
1) THAT Amendment No. 38 to the Official Plan of the Municipality of Bayham is hereby adopted.
2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 38 to the Official Plan of the Municipality of Bayham.
3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County.
ENACTED AND PASSED this 17th day of October 2024.
MAYOR CLERK
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 38
1. PURPOSE
The purpose of the Official Plan Amendment is to designate the subject property to the
‘Residential’ land use designation in order to facilitate the creation of a new residential
lot. The subject lands, being an unopened road allowance, currently do not have an
associated land use designation in the Official Plan on Schedule ‘C’: Vienna Land Use
and Constraints. Therefore, in order to permit residential development on the subject
lands, an Official Plan Amendment is required to designate the lands accordingly.
The Official Plan Amendment also would facilitate the concurrent Zoning By-law
Amendment Application to rezone the subject lands from ‘Institutional (I)’ Zone to ‘Village
Residential 1 (R1)’ Zone to permit residential development on the future lot.
The subject lands are identified as municipal-owned lands available for surplus and sale
as developable, residential lots. The purpose is to sell the proposed new residential lot,
and that any net proceeds derived from the sale of these lands may be used for strategic
ventures, such as extinguishing the balance of the HMCS Ojibwa principal when the
term renews in March 2025.
2. LOCATION
The Official Plan Amendment will be applicable to lands known as Part of Snow Street,
Registered Plan 54, in the Village of Vienna.
3. BASIS OF THE AMENDMENT
The subject lands are characterized as a vacant (grassed) space, being an unopened
road allowance, located immediately south of Ann Street, and are legally identified as
Part of Snow Street, Registered Plan 54, in the Village of Vienna.
The subject lands to be redesignated can be described as a rectangular shaped parcel
with an approximate lot area of 804.5 square metres (8,659.5 square feet), estimated lot
frontage of 15.2 metres (49.9 feet) along Ann Street, and an estimated lot depth of 53.0
metres (173.9 feet). The surrounding lands are predominantly residential with single-
detached dwellings, notably to the north, south, and east. To the immediate west of the
subject lands is the Vienna Community Park, which consists of playground equipment,
pickle ball court, soccer field, basketball court and a pavilion.
The proposed amendment is consistent to intensification of development policies within
settlement areas with municipal water and sewer services in the Provincial Policy
Statement, 2020 (hereafter “PPS”), as well as the new Provincial Planning Statement
(2024, in-force and effect on October 20, 2024). As per the 2020 PPS, Section 1.1.3.1
directs growth and development to settlement areas; and Section 1.1.3.6 indicates that
new development should occur in settlement areas adjacent to the built-up area and
should have a compact form, mix of uses and densities that allow for the efficient use of
land, infrastructure and public service facilities.
The proposal is in conformity with the County of Elgin Official Plan policies for residential
intensification within a ‘Tier 1’ Settlement Area that is fully municipally serviced.
The proposal would provide for efficient use of underutilized, fully serviced settlement
area lands and conforms with the applicable policies of the Municipality of Bayham’s
Official Plan, particularly those relating to residential intensification within settlement
areas and access to full municipal servicing.
4. DETAILS OF THE AMENDMENT
a) Schedule ‘C’ of the Municipality of Bayham Official Plan is hereby amended by changing
the symbol for land use designation to “Residential” for the lands outlined in bold on the
following attached Schedule.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-064
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND PK CONSTRUCTION INC. FOR THE MARINE MUSEUM WASHROOM UPGRADES 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 Spriet and Associates issued Tender #223231 for the Marine Museum
Washroom Upgrades; AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded Spriet and Associates issued Tender #223231 to PK Construction Inc. in the amount of $94,200 +HST on October 17, 2024; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with PK Construction Inc. for the Marine Museum Washroom Upgrades;
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 PK Construction Inc. for the Marine Museum Washroom Upgrades;
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 17th DAY OF
OCTOBER, 2024. ___________________________ _____________________________
MAYOR CLERK
Page 1 of 3
THIS AGREEMENT DATED THE DAY OF , 2024
BETWEEN:
The Corporation of the Municipality of Bayham
(Hereinafter called the “Municipality” of the First Part
and
PK Construction Inc.
(Hereinafter called the "Contractor")
of the Second Part
Section 1 - General Provisions
1.1 A general description of work is to provide all the labour, equipment and materials required to
complete the Marine Museum Washroom Upgrades in accordance with Spriet and Associates
Tender #223231.
1.2 In respect of such work and except as otherwise specifically provided, the Contractor, at his own
expense, shall provide all and every kind of labour, machinery, plant, structures, roadways and
materials necessary for the due execution and completion of all the work set out in this Contract
and shall forthwith according to the instructions of the Municipality commence the works and
diligently execute the respective portions thereof; and deliver the works complete in every
particular to the Municipality within the time specified in the Tender.
1.3 Spriet and Associates Tender #223231 shall form part of this Agreement.
1.4 The Contractor shall be responsible for any damage made to Municipal or private property. Any
damage will be repaired at the expense of the Contractor and approved by the Municipality.
1.5 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an
amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an
additional insured in respect of all operations performed by or on behalf of the Municipality. The
coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days
prior written notice to the Municipality. A Certificate of Insurance shall be filed with the
Municipality upon the signing of the Agreement and be maintained in place for the duration of
the agreement.
1.6 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational
Health and Safety Act and further agrees to take responsibility for any health and safety violation
that may occur. The Contractor shall indemnify and save harmless the Municipality from any
and all charges, fines, penalties and costs that may be incurred of paid by the Municipality.
Page 2 of 3
1.7 The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating
that all payments by the Contractor to the WSIB in conjunction with this Agreement have been
made and that the Municipality will not be liable to the Board for future payments in connection
with the Agreement. The Certificate shall be provided upon signing of the Agreement and yearly
thereafter until the expiry or termination of this Agreement.
Section 2 – Administration 2.1 This Agreement shall take effect on the 17th day of October, 2024, and shall remain in
effect until December 20, 2025.
2.2 Payment shall be made net thirty (30) calendar days following receipt of invoice.
2.3 Any notice required to be given under this Agreement must be in writing to the
applicable address set out below:
(a) in the case of the Municipality:
Municipality of Bayham
PO Box 160
56169 Heritage Line Straffordville, ON N0J 1Y0 Office: (519) 866-5521
Email: sadams@bayham.on.ca
(b) in the case of the Contractor:
PK Construction Inc.
37 Tillson Street Tillsonburg, ON N4G 0B7 (519) 842-8001 Email: info@pkconstruction.ca
2.4 In construing this Agreement, words in the singular shall include the plural and vice versa and
words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa.
Page 3 of 3
IN WITNESS WHEREOF the parties have duly executed this Agreement this day of , 2024.
Authorized by ) THE CORPORATION OF THE
Bayham By-law No. 2024-064 ) MUNICIPALITY OF BAYHAM
) ) ) _____________________________ ) Mayor
)
) _____________________________ ) Chief Administrative Officer )
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this day of , 2024.
In the presence of ) ) )
_______________________ ) ______________________________
Witness: ) PK Construction Inc.
Spriet Associates Architects and Consulting Engineers
August 27, 2024
Washroom Upgrades
Port Burwell Marine Museum
18 Pitt Street
Port Burwell, ON
For
The Corporation of the Municipality of Bayham
56169 Heritage Line
Straffordville ON N0J 1Y0
P: 519-866-5521
E: bayham@bayham.on.ca
Architect: Spriet Associates Limited
Architects
155 York Street
London, Ontario N6A 1A8
P: 519-672-4100
E: mail@spriet.on.ca
Electrical Engineers Integrated Engineering
1930 Blue Heron Drive
London, Ontario N6H 5L9
P: 519-472-3688
E: mail@integratedengineering.ca
223231
Washroom Upgrade SecƟon 00000
Port Burwell Marine Museum Table of Contents
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 1 of 1
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
SecƟon 00000
Table of Contents
Contents
SecƟon 00000 Table of Contents 1
SecƟon 00001 List of Drawings 1
SecƟon 00002 Form of Tender 2
SecƟon 00200 InstrucƟons to Bidders 6
SecƟon 00700 General CondiƟons 3
SecƟon 00800 Amendments to and Supplementary General CondiƟons 5
SecƟon 01000 General Requirements 8
Washroom Upgrade SecƟon 00001
Port Burwell Marine Museum List of Drawings
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 1 of 1
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
SecƟon 00001
List of Drawings
Contents
A1 SpecificaƟons, Matrix
A2 Key Plan, DemoliƟon Plan, New Floor Plan, SecƟons, Interior ElevaƟons, Wall Types
A3 Washroom Plan, Washroom Notes, Washroom Accessories, Ceiling Plan
E1 Electrical Floor Plans
M1 Mechanical Floor Plans
Washroom Upgrade SecƟon 00002
Port Burwell Marine Museum Form of Tender
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 1 of 2
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
To: The Mayor and Council of
The CorporaƟon of the Municipality of Bayham
56169 Heritage Line
Straffordville ON N0J 1Y0
Having examined the Contract Documents for the “Washroom Upgrades – Port Burwell Marine Museum”,
dated August 27, 2024, prepared by Spriet Associates Limited Architects and ConsulƟng Engineers, and
having received the following Addenda to issued by the Consultant during the tender
period, and having examined the site and all condiƟons affecƟng the Work, we, the undersigned General
Contractor propose to furnish all labour, equipment and materials and complete the Contract as called for
the the said Documents in the Ɵme specified for the following amount:
(a) Building Work (exclusive of Trades below) $
(b) Electrical Work $
(c) Mechanical Work $
(d) Site Work $
(e) ConƟngency & TesƟng Allowance $ 15 000
Sub total of above $
Harmonized Sales Tax (13%) $
TOTAL CONTRACT AMOUNT $
(Total Contract Price WriƩen if Full)
The above Total Contract Price includes all Harmonized Sales Taxes. If is specifically understood that
the ConƟngency and TesƟng Allowance is to be expended only as directed by the Consultant, and
that any unused porƟon of the Allowance shall revert to the Owner.
Washroom Upgrade SecƟon 00002
Port Burwell Marine Museum Form of Tender
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 2 of 2
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
We propose to use the following Sub Trades:
TRADE NAME OF SUBCONTRACTOR AND/OR SUPPLIER
Site Work
Mechanical
Electrical
Our Tender includes the following Allowances:
a) ConƟngency & TesƟng Allowance $15 000.00
We, the undersigned General Contractor, by the Tender, offer to complete the Contract in accordance
with the terms contained herein.
Dated this day of ,2024
Witness
Signature of Authorized Person
Signing for the General Contractor
Corporate Name of General Contractor
Address of General Contractor
Telephone Number
Corporate Seal
Washroom Upgrade SecƟon 00200
Port Burwell Marine Museum InstrucƟons to Bidders
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 1 of 6
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
Section 00200
Instruction to Bidders
Part 1 General
1.1 DESCRIPTION OF THE WORK
.1 The work covered by this Contract includes the removal of the existing washroom
facilities, and the construction of new washroom facilities with modifications to the
entrance to current barrier free standards.
1.2 PLACE OF WORK
.1 The place of work is located at:
18 Pitt Street
Port Burwell, Ontario
1.3 OWNER
The Owner is:
The Corporation of the Municipality of Bayham
56169 Heritage Line
Straffordville ON N0J 1Y0
1.4 SCOPE
.1 The scope of this project shall be all work indicated in the Tender Documents,
which consists of the following:
1. Form of Tender and Instructions to Bidders.
2. All Addenda Issued.
3. Drawings and Specifications noted in the Table of Contents and List of
Drawings.
1.5 SUBMITTING TENDERS, OPENING TENDERS AND BID ACCEPTANCE PERIOD
.1 Bids must be submitted to the Consultant (Spriet Associates) via email, send to
both.
Email: mail@spriet.on.ca.
Email: mary@spriet.on.ca
File Size: maximum 20 MB
.2 Submissions by other methods will not be accepted.
.3 Tenders shall be submitted on the Forms herewith provided and shall be signed
where indicated on the last page of the Form of Tender.
Washroom Upgrade SecƟon 00200
Port Burwell Marine Museum InstrucƟons to Bidders
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 2 of 6
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
.4 Tenders will be received up to 2:00 p.m., local time, Wednesday, October 2,
2024.
.5 Offers submitted after the above time shall be returned to the bidder unopened.
.6 Tenders which are incomplete, conditional, illegible, or obscure or qualified in any
way, or that contain additions not called for, erasures, alterations, or irregularities
of any kind, will be rejected as informal. The Bidder shall give the Total Contract
Price in both words and figures and shall fill in all blank spaces.
.7 It is the contractor's responsibility to ensure they have the proper browser
requirements, Javascript, cookies enabled etc... prior to submission. Uploading
large documents may take significant time, depending on file size and internet
connection speed. It is strongly recommended that Bidders allow sufficient time
of at least one (1) hour before the submission Deadline to upload documents and
finalize their submission.
.8 All tenders shall remain valid for forty-five (45) days after closing date of tender
period. If after forty-five (45) days, no contract has been signed between the
Owner and Contractor, the Tender will no longer be valid.
1.6 SECURITY DEPOSIT
.1 The bidder shall include with the Form of Tender a Bid Bond in the amount of
10% of the Contract Price.
.2 Endorse the Bid Bond in the name of the Owner.
.3 The Bid Bond will be returned after delivery to the Owner of the required
Performance and Labour and Materials Payment Bond(s) by the accepted bidder.
.4 The Bid Bond will become payable in the event of the failure of the Tenderer to
sign the Contract within a period of forty-five (45) days.
.5 If no contract is awarded, all security deposits will be returned.
1.7 AGREEMENT TO BOND
.1 Submit with the Form of Tender and Bid Bond an "Agreement to Bond", stating
that the Surety providing the Bid Bond is willing to supply the Performance and
Labour and Materials Payment Bonds required under this Contract. Include the
costs associated with this requirement in the Contract Price.
1.8 ACCEPTANCE OR REJECTION OF TENDERS
.1 The Owner reserves the right to reject any or all Tenders and the lowest or any
Tenders will not necessarily be accepted.
.2 The Owner shall not be responsible for any liabilities, costs, expenses, loss or
damage incurred, sustained or suffered by any Bidder by reason of the
acceptance or non-acceptance by the Owner of any tender save as provided in
the Contract. Tenders are subject to a formal contract being prepared and
executed.
.3 The Construction Contract shall be awarded as a complete project to the General
Contractor.
Washroom Upgrade SecƟon 00200
Port Burwell Marine Museum InstrucƟons to Bidders
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 3 of 6
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
1.9 CONTRACT AWARD PROCEDURES
.1 Unless stated otherwise the following procedures will apply:
.1 The Owner will notify the successful Tenderer that his Tender has been
accepted within 45 days of the Tender opening.
.2 Notice of acceptance of the Tender will be by telephone and/or by written
notice.
.3 The required Contract Documents will be sent to the successful Tenderer
immediately after acceptance of the Tender. The Tenderer shall fully
execute and return the documents together with the applicable bonds,
Certificates of Insurance and any other required documents to the Owner
within 10 days of receipt.
.4 Following receipt by the Owner of the properly executed documents,
Certificates of Insurance and Contract Bonds, the Contractor will receive
written authority to proceed with the Work.
1.10 APPROVED ALTERNATE
.1 For approval of products, other than those specified, applicants shall submit a
request in writing to the Consultant. Requests shall clearly define and describe
the product for which approval is requested. Requests shall be accompanied by
manufacturer's literature, specifications, etc., to completely describe the item.
Consideration will not be given to materials as being an equal or alternate to
those specified after three (3) working days prior to the closing of tenders.
.2 When a product has been reviewed by the Consultant as to being an approved
alternate or equal, the Consultant will issue an "Approved Alternate" memo. This
memo will be sent to the individual applicant which requested the approval. The
applicant must provide proof of such approval to all General Contractors to whom
he may be submitting a quotation. No product will be accepted for use in the
work unless it has been approved by the Consultant.
.3 The cost of all revisions or adjustments related to the acceptance of alternates
must be included in the Contract Price.
1.11 ADDENDA
.1 All addenda issued during the tender period shall be read with and form part of
the Contract Documents. Receipt of each addendum must be acknowledged on
the Form of Tender.
.2 No addendum(s) will be issued within 48 hours prior to bid closing. All
addendum(s) become part of the tender documents and must be acknowledged,
signed and submitted as instructed with the bid.
1.12 COMPLETION DATE
.1 The Contractor shall substantially be complete by January 31, 2025.
.2 The bidder, in submitting an offer, accepts and agrees to the Completion Date
indicated.
Washroom Upgrade SecƟon 00200
Port Burwell Marine Museum InstrucƟons to Bidders
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 4 of 6
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
.3 The Completion Date specified herein is based on approval to proceed within 15
calendar days of the date of submission of tender, and will be extended by the
same number of days that the 15 calendar days are exceeded if some delay
should occur.
1.13 GENERAL CONDITIONS
.1 The General Contractor should be aware that the General Conditions of CCDC2-
2008 have been incorporated into these specifications.
1.14 INQUIRIES
.1 All Inquiries regarding this Tender are to be directed to the applicable Consultant,
listed on the front page of this specification. No verbal communication shall
modify the terms, conditions or specifications, until they are confirmed in writing.
.2 Should a Bidder find omissions from or discrepancies in any of the Tender
Documents or should he be in doubt as to the meaning of any part of such
Documents, he should notify the Consultant, preferably in writing and not later
than 48 hours before the closing date for tenders. If the Consultant considers that
a correction, explanation or interpretation is necessary or desirable, he will issue
an addendum to all Bidders.
.3 Inquiries by Email, send to both:
mail@spriet.on.ca
mary@spriet.on.ca
1.15 BASIS OF TENDERING
.1 The site shall be accepted by the Contractor in its present condition. A
mandatory site visit is scheduled for Wednesday September 18, 9:00 am. The
Contractor shall visit the site and carefully note all conditions affecting the site
and the work to be done thereon. The Contractor shall accept sole responsibility
for any errors or neglect on his part in this respect.
.2 If any person submitting a bid on this project is in doubt as to the true meaning
and intent of any part of the Specifications or other documents, he must request
an interpretation from the Consultant. If such interpretation is not requested, the
bids will be presumed to be based on the interpretations or directions that may
be subsequently given by the Consultant after the award of the Contract, in
accordance with the provisions of the Contract.
.3 Prior to the closing date of the tenders, any and all necessary clarifications of the
Specifications or other tender documents will be in the form of written Addenda.
The Consultant will not be responsible for verbal instructions on any explanations
or interpretation of Drawings and Specifications.
.4 The tenders shall be based on the use of the definitively mentioned article(s) or
manufacturer(s).
1.16 EXAMINATION OF THE SITE
Washroom Upgrade SecƟon 00200
Port Burwell Marine Museum InstrucƟons to Bidders
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 5 of 6
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
.1 No claims for extra payment to the Contractor will be allowed for extra work
made necessary or difficulties encountered due to conditions of the site which
were visible upon or reasonably inferable from an examination of the said site
prior to the closing of tenders. Failure of the Contractor to visit and examine the
site shall be deemed a waiver of all claims for extra payment due to any
conditions of the site existing prior to the closing of tenders.
1.17 BONDS
.1 Refer to Section 00800 Amendments to and Supplementary General Conditions
for Bond requirements.
1.18 CONTRACTOR'S INSURANCE REQUIREMENTS
.1 Refer to GC 11-1 "Insurance" for Contractors insurance obligations and 00800
Ammendments to and Supplementary General Conditions.
1.19 PERMITS AND FEES
.1 Refer to Section 00800 Amendments to and Supplementary General Conditions
for Permit and Fee requirements.
1.20 SUBCONTRACTORS
.1 The Bidder shall list in Form of Tender, the name of each proposed subcontractor
used in making up his Tender or by entering "Own Forces", which ever applies.
Only one subcontractor shall be named for each part of the Work to be sublet. No
blank spaces are to be left for the sub-trades listed.
.2 The Bidder or the Contractor shall not be allowed to substitute other
subcontractors in place of those named in the Tender without written approval of
the Consultant.
1.21 SALES TAXES
.1 Refer to Section 00800 Amendments to and Supplementary General Condition.
1.22 LAWS AND REGULATIONS
.1 The Bidder is assumed to have made himself familiar with and abide by the
Federal, Provincial, Municipal and local laws, rules and regulations which in any
manner affect those engaged or employed in the Work, or in any way affect the
Work, and no plea of misunderstanding will be considered on account of
ignorance thereof. If the Bidder shall discover any provisions in the Drawings,
Specifications or Contract which are contrary to or inconsistent with any law, rule
or regulation, he shall at once report it to the Consultant in writing.
Washroom Upgrade SecƟon 00200
Port Burwell Marine Museum InstrucƟons to Bidders
18 PiƩ Street, Port Burwell ON
Project No.: 223231
2024-08-27 Page 6 of 6
Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
1.23 CASH ALLOWANCES
.1 Refer to Section 00800 Amendments to and Supplementary General Conditions.
1.24 WORKPLACE SAFETY AND INSURANCE BOARD CLEARANCE
.1 The Contractor shall, at the time of entering into any contract with the Owner,
make a statutory declaration by providing a satisfactory clearance letter from the
Workplace Safety and Insurance Board stating that all assessments or
compensation payable to Workplace Safety and Insurance Board have been paid.
END OF SECTION 00200
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Section 00700
General Conditions
Part 1 General
1.1 CONSTRUCTION CONTRACT
.1 The General Conditions contained in the Standard Construction Document
CCDC 2-2008, Stipulated Price Contract published by the Canadian Construction
Documents Committee and approved by the Royal Architectural Institute of
Canada and the Engineering Institute of Canada which are hereby included as a
part of this Contract. These General Conditions are bound herein and are a part
of all sections of these specifications. An index of the above General Conditions
are as follows:
.2 Definitions
Part 1 General Provisions
GC 1.1 Contract Documents
GC 1.2 Law of the Contract
GC 1.3 Rights and Remedies
GC 1.4 Assignment
Part 2 Administration of the Contract
GC 2.1 Authority of the Consultant
GC 2.2 Role of the Consultant
GC 2.3 Review and Inspection of the Work
GC 2.4 Defective Work
Part 3 Execution of the Work
GC 3.1 Control of the Work
GC 3.2 Construction by Owner or Other Contractors
GC 3.3 Temporary Work
GC 3.4 Document Review
GC 3.5 Construction Schedule
GC 3.6 Supervision
GC 3.7 Subcontractors and Suppliers
GC 3.8 Labour and Products
GC 3.9 Documents at the Site
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GC 3.10 Shop Drawings
GC 3.11 Use of the Work
GC 3.12 Cutting and remedial Work
GC 3.13 Clearup
Part 4 Allowances
GC 4.1 Cash Allowances
GC 4.2 Contingency Allowance
Part 5 Payment
GC 5.1 Financing Information Required of the Owner
GC 5.2 Applications for Progress Payment
GC 5.3 Progress Payment
GC 5.4 Substantial Performance of the Work
GC 5.5 Payment of Holdback upon Substantial Performance of the Work
GC 5.6 Progressive Release of Holdback
GC 5.7 Final Payment
GC 5.8 Withholding of Payment
GC 5.9 Non-conforming Work
Part 6 Change in the Work
GC 6.1 Owner's Right to Make Changes
GC 6.2 Change Order
GC 6.3 Change Directive
GC 6.4 Concealed or Unknown Conditions
GC 6.5 Delays
GC 6.6 Claims for a Change in Contract Price
Part 7 Default Notice
GC 7.1 Owner's Right to Perform the Work, Terminate the Contractor's
Right to Continue with the Work or Terminate the Contract
GC 7.2 Contractor's Right to Suspend the Work or Terminate the Contract
Part 8 Dispute Resolution
GC 8.1 Authority of the Consultant
GC 8.2 Negotiation, Mediation, and Arbitration
GC 8.3 Retention of Rights
Part 9 Protection of Persons and Property
GC 9.1 Protection of Work and Property
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GC 9.2 Toxic and Hazardous Substances
GC 9.3 Artifacts and Fossils
GC 9.4 Construction Safety
GC 9.5 Mould
Part 10 Governing Regulations
GC 10.1 Taxes and Duties
GC 10.2 Laws, Notices, Permits, and Fees
GC 10.3 Patent Fees
GC 10.4 Workers' Compensation
Part 11 Insurance - Bonds
GC 11.1 Insurance
GC 11.2 Contract Security
Part 12 Indemnification - Waiver - Warranty
GC 12.1 Indemnification
GC 12.2 Waiver of Claims
GC 12.3 Warranty
END OF SECTION 00700
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Section 00800
Amendments to and Supplementary General Conditions
Part 1 General
1.1 GENERAL
.1 All articles contained within these Supplementary General Conditions shall be
read in conjunction with, and apply to, the General Conditions of the Construction
Contract.
Part 2 Products
2.1 DEFINITIONS
.1 Delete definition No. 20 and replace with the following: Value Added Taxes
means such sum as shall be levied by the Federal or any Provincial Government
and includes the Goods and Services Tax, the Quebec Sales Tax and any similar
tax, the payment or collection of which is by the legislation imposing such tax an
obligation of the Contractor.
2.2 GC-1.1 CONTRACT DOCUMENTS
.1 Amend Item 1.1.7 to include in order, (1) the Form of Tender and (2) all Addenda.
The priority of these documents shall follow, "the Agreement between the Owner
and the Contractor", and precede "the Definitions".
2.3 GC-3.10 SHOP DRAWINGS
.1 Add the following new Item 3.10.13: Refer to Section 01000, General
Requirements for additional submission requirements.
2.4 GC-4.1 CASH ALLOWANCES
.1 Add new Item 4.1.8: The Testing Allowance, when included in the Contract is to
cover the cost of inspection and testing work done by the independent inspection
and testing company appointed by the Consultant, and does not cover labour
costs, overhead, or profit of the Contractor for work such as sampling,
transportation of samples, etc., done by the Contractor. Cash allowances for
inspection and testing do not cover the cost of re-testing of materials required
due to the failure to meet the requirements of the applicable specification or the
testing costs associated with booking a test and not being prepared for said test.
2.5 GC-5.2 APPLICATIONS FOR PROGRESS PAYMENTS
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.1 Delete 5.2.5 and replace with: The schedule of values shall be made out in such
form as specified in the Contract and supported by such evidence as the
Consultant may reasonably require.
.2 Delete 5.2.6 and replace with: Application for payment shall be based on the
schedule of values accepted by the Consultant and shall comply with the
provisions of Payment Legislation.
.3 Add the following new Item 5.2.8: Each application for payment shall include
evidence of compliance with workers' compensation legislation at the Place of the
Work and after the first payment, a declaration by the Contractor as to the
distribution made of the amounts previously received using document CCDC 9A
'Statutory Declaration.'
.4 Add the following new Item 5.2.9: No payment will be made on account of this
Contract until all required certificates, clearances, etc., are in the possession of
the Owner.
2.6 GC-5.3 PAYMENTS
.1 Delete 5.3.1 and replace with: After receipt by the Consultant and the Owner of
an application for payment submitted by the Contractor in accordance with GC
5.2 - APPLICATION FOR PAYMENT:
.1 The Consultant will issue to the Owner and copy to the Contractor, no
later than 10 calendar days after the receipt of the application for
payment, a certificate for payment in the amount applied for, or in such
other amount as the Consultant determines to be properly due. If the
Consultant certifies a different amount, or rejects the application or part
thereof, the Owner shall promptly issue a written notice to the Contractor
giving reasons for the revision or rejection, such written notice to be in
compliance with Payment Legislation.
.2 The Owner shall make payment to the Contractor on account as provided
in Article A-5 of the Agreement - PAYMENT on or before 28 calendar
days after the receipt by the Owner and the Consultant of the application
for payment, and in any event, in compliance with Payment Legislation.
.2 The Contractor is to issue a proper invoice including all the requested backup on
the 1st of the month. If the 1st falls on a weekend then the next weekday is
acceptable. Once this is received the 10 calendar days will begin.
2.7 GC-6.2 CHANGE ORDER
.1 Add the following new Item 6.2.3: When a change in the work is proposed or
required as indicated in Item 6.2.1, the Contractor shall submit in addition to his
itemized costs of labour and materials, not more than fifteen percent (15%) for
the Contractors overhead and profit on the total of the above. The allowance for
Contractor's overhead and profit shall include all site and office overhead, i.e.,
supervisory labour, insurance, hydro, water, office staff, etc. The Contractor shall
include not more than ten percent (10%) of any subcontractor's total to cover the
Contractor's overhead and profit.
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2.8 GC-10.1 TAXES AND DUTIES
.1 Delete paragraph 10.1.1 and replace with: The Contract Price shall include all
taxes and customs duties in effect at the time of the bid closing, including the
Value Added Taxes payable by the Owner to the Contractor as stipulated in
Article A-4 of The Agreement - CONTRACT PRICE.
2.9 GC-10.2 LAWS, NOTICES, PERMIT, AND FEES
.1 Revise the following 10.2.2: The Owner shall obtain development approvals,
building permit, permanent easements, right of servitude, and all other necessary
approvals and permits, including the permits and fees referred to in paragraph
10.2.3. The Owner is responsible for paying for the development approvals and
all required approvals included in 10.2.2.
2.10 GC-11.1 INSURANCE
.1 Indemnification, add the following insurance coverage: Contractor's Pollution
Liability Insurance from the date of commencement of the Work until one year
after the date of Ready-for takeover.
2.11 GC-11.2 CONTRACT SECURITY
.1 Add the following new Item 11.2.3: If a Bid Bond is included with the Form of
Tender, the successful bidder will be required to furnish a fifty percent (50%)
Performance Bond and a fifty percent (50%) Labour and Materials Payment
Bond. The cost of each to be paid for by the Contractor.
2.12 GC-12.3 WARRANTY
.1 Add the following new Item 12.3.7: "The Contractor shall submit written warranty
or guarantee certificates and extended warranty or guarantees for all work as
required in the specifications. All warranties and guarantee certificates shall be
included in the Maintenance manual required elsewhere in these Specifications.
The guarantee shall be addressed to the Owner and state the following:
.1 Date of Substantial or Total Performance as applicable to the warranty or
guarantee period;
.2 Name of Project to be same as indicated in the Contract;
.3 Address of Project;
.4 Terms and Conditions;
.5 Warranty or Guarantee Period.
.2 12.3.1. shall be revised to "Except for extended warranties as described in
paragraph 12.3.6, the warranty period under the Contract is one year from the
date when Ready-for-Takeover has been attained" replacing "one year from the
date of Substantial Performance of the Work."
.3 Add GC. 12.4 Ready-for-Takeover:
.1 The prerequisites to attaining Ready-for-Takeover of the Work are limited
to the following:
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.1 The Consultant has certified or verified the Substantial
Performance of the Work.
.2 Evidence of compliance with the requirements for occupancy or
occupancy permit as prescribed by the authorities having
jurisdiction.
.3 Final cleaning and waste removal at the time of applying for
Ready-for-Takeover, as required by the Contract Documents.
.4 The delivery to the Owner of such operations and maintenance
documents reasonably necessary for immediate operation and
maintenance, as required by the Contract Documents.
.5 Make available a copy of the as-built drawings completed to date
on site.
.6 Startup, testing required for immediate occupancy, as required by
the Contract Documents.
.7 Ability to secure access to the Work has been provided to the
Owner, if required by the Contract Documents.
.8 Demonstration and training, as required by the Contract
Documents, is scheduled by the Contractor acting reasonably.
.2 If any prerequisites set forth in paragraphs 12.1.1.3 to 12.1.1.6 must be
deferred because of conditions reasonably beyond the control of the
Contractor, or by agreement between the Owner and the Contractor to do
so, Ready-for-Takeover shall not be delayed.
.3 When the Contractor considers that the Work is Ready-for-Takeover, the
Contractor shall deliver to the Consultant and to the Owner a
comprehensive list of items to be completed or corrected, together with a
written application for Ready for Takeover review. Failure to include an
item on the list does not alter the responsibility of the Contractor to
complete the Contract.
.4 The Consultant will review the Work to verify the validity of the application
and will promptly, and in any event, no later than 10 calendar days after
receipt of the Contractor's list and application:
.1 advise the Contractor in writing that the Work is not Ready-for-
Takeover and give reasons why, or
.2 confirm the date of Ready-for-Takeover in writing to each of the
Owner and the Contractor.
.5 Immediately following the confirmation of the date of Ready-for-Takeover,
the Contractor, in consultation with the Consultant, shall establish a
reasonable date for finishing the Work.
.6 The provision of GC 12.1 - READY-FOR-TAKEOVER shall be subject to
GC 12.2 - EARLY OCCUPANCY BY THE OWNER.
.4 Add GC. 12.5 Early Occupancy by the Owner:
.1 The Owner may take occupancy of a part or the entirety of the Work
before Ready-for-Takeover has been attained only as agreed by the
Contractor which agreement shall not be unreasonably withheld.
.2 The Owner shall not occupy a part or the entirety of the Work without
prior approval by authorities having jurisdiction.
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.3 If the Owner takes occupancy of a part of the Work before Ready-for-
Takeover has been attained:
.1 The part of the Work which is occupied shall be deemed to have
been taken over by the Owner as from the date on which it is
occupied.
.2 The Contractor shall cease to be liable for the care of such part as
from this date, when responsibility shall pass to the Owner.
.3 The warranty period specified in paragraph 12.3.1 of GC 12.3
WARRANTY for that part of the Work shall start from the date on
which it is occupied.
.4 If the Owner takes occupancy of the entirety of the Work before all the
prerequisites are met as described in paragraph 12.1.1 of GC 12.1 -
READY-FOR-TAKEOVER, the Work shall, subject to the requirements of
the applicable lien legislation, be deemed to achieve Ready-for-Takeover.
This shall not relieve the Contractor's responsibility to complete the Work
in a timely manner.
END OF SECTION 00800
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Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
Section 00800
Amendments to and Supplementary General Conditions
Part 1 General
1.1 GENERAL
.1 Unless specified otherwise, the provisions of this Section shall apply to all
Sections and Divisions of the Specifications.
.2 Read "Part 1 - General" of all Sections to these specifications to determine the full
extent of work required by your Section(s).
.3 Study all Contract Documents to determine additional work required by your
Section on which the work of other Sections depends.
1.2 SPECIFICATION FORMAT
.1 These Specifications are not intended as a detailed description of installation
methods but serve to indicate particular requirements in the completed work.
.2 Conform to the Current Ontario Building Code together with all its related
supplements, hereinafter referred to as the "Code". Where Drawings and/or
Specifications exceed Code requirements, provide such additional requirements.
.3 The Specifications are divided into Divisions and Sections for the convenience of
the Contractor and the Consultant, and shall be interpreted as a whole.
.4 Where the aforementioned Code or this Specification does not provide all
information necessary for complete installation of an item, then the
manufacturer's instruction for first quality workmanship shall be strictly complied
with.
.5 Where words in the Contract Documents occur in the singular number, they shall
be taken as plural where applicable in accordance with the quantities required to
satisfy the requirements of the Contract.
1.3 CO-ORDINATION
.1 Allocate mobilization areas of site; for field offices and sheds, for stockpiling,
access, traffic, and parking facilities.
.2 During construction co-ordinate use of site and facilities through procedures for
submittals, reports and records, schedules, co-ordination of drawings,
recommendations, and resolution of ambiguities and conflicts.
.3 Provide information required for preparation of co-ordination drawings. Review
and approved revised drawings for submission to Consultant.
.4 The responsibility as to which sub-trade provides required articles, labour, or
materials to be built in or provided, rests solely with the Contractor. Extras will not
be considered, based on grounds of difference in interpretation of Specifications
and Drawings.
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1.4 EXAMINATION
.1 Examine the work upon which your work depends. Report to the Consultant in
writing any defects in such work. The application of your work or any part of it
shall be deemed acceptance of the work upon which your work or that part of it
which has been applied depends.
.2 Drawings are, in part, diagrammatic and are intended to convey scope of work
and indicate general and approximate location, arrangement and sizes of fixtures
and equipment. Obtain more accurate information about locations, arrangements
and sizes from study and co-operation of shop drawings, including Architectural,
Structural, Mechanical, and Electrical Drawings and become familiar with
conditions and spaces affecting these matters before proceeding with the work.
Where job conditions require reasonable changes in indicated locations and
arrangements, make changes at no additional cost to the Contract. Install and
arrange fixtures and equipment in such a way as to conserve as much headroom
and space as possible.
1.5 LINES, LEVELS AND DIMENSIONS
.1 The Contractor shall, immediately upon entering the project site for purpose of
beginning work, locate all general reference points and take such action as is
necessary to prevent their destruction; lay out his own work and be responsible
for all lines, elevations and measurements of buildings, grading, paving, utilities
and other work executed by him under the Contract. Establish lines and levels,
locate and layout, by instrumentation. The Contractor must exercise proper
precaution to verify figures shown on the Drawings before laying out work and
will be held responsible for any error resulting from his failure to exercise such
precaution.
1.6 STANDARDS AND DEFINITIONS
.1 Where a reference is made in the specifications to Standards produced by
various organizations, conform to the latest edition of the standard, as amended
and revised at date of Contract.
1.7 DOCUMENTS
.1 The Contractor shall be responsible to see that all of his sub-contractors are fully
informed in regard to the General Conditions, regulations, revisions, and addenda
which may be issued.
.2 No deviation from the Drawings and Specification shall be made in the execution
of the work, without the written approval of the Consultant.
1.8 SHOP DRAWINGS
.1 Refer to GC 3.10 of the Standard Construction Document, C.C.D.C. No. 2, 2008
for additional requirements.
.2 Submit to Consultant submittals listed for review. Submit with reasonable
promptness and in an orderly sequence so as to not cause delay in the work.
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.3 Work affected by submittal shall not proceed until review is complete.
.4 Indicate materials, methods of construction and attachment or anchorage,
erection diagrams, connection, explanatory notes and other information
necessary for completion of work. Indicate all work by others.
.5 Review submittals prior to submission to Consultant. This review represents that
necessary requirements have been determined and verified, or will be, and that
each submittal has been checked and coordinated with requirements of the work
and Contract Documents.
.6 Verify field measurements and affected adjacent work are coordinated. The
Consultant is not responsible for on site measurements.
.7 Electronic submissions of shop drawings are to be emailed to the Consultant
Project Manager. Only provide hard copies if requested.
.8 Electronic submissions of product data sheets or brochures for requirements
requested in specification Sections, and as the Consultant may reasonably
request where shop drawings will not be prepared due to standardized
manufacture of product.
.9 Samples are to be provided in accordance with the specification section. The
Consultant has the right to request samples even if not specified within specific
sections to further clarify if required.
1.9 PROJECT MEETINGS
.1 After the award of the Contract, and in consultation with the Consultant, the
Contractor shall arrange job meetings at regular intervals, between all parties
concerned, in order to ensure proper co-ordination of the Work.
.2 The Contractor shall notify all parties concerned of the time and place of the
meetings.
.3 The Contractor shall record the minutes of such meetings, and shall promptly
distribute the necessary copies of such minutes, within 3 days after such
meetings, to all parties concerned.
1.10 CONSTRUCTION SCHEDULE
.1 Refer to GC 3.5 of the Standard Construction Document, CCDC 2, 2008 for
requirements.
1.11 MATERIALS AND INSTALLATION
.1 Products, materials, equipment and articles (referred to as Products throughout
specifications) incorporated in work shall be new, not damaged or defective, and
of best quality (compatible with specifications) for purpose intended. If requested,
furnish evidence as to type, source and quality of products provided.
.2 Defective products will be rejected regardless of previous inspections. Inspection
does not relieve responsibility, but is a precaution against oversight or error.
Remove and replace defective products at own expense and be responsible for
delays and expenses caused by rejection.
.3 Should any dispute arise as to quality or fitness of products, decision rests strictly
with Consultant based upon requirements of Contract Documents.
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.4 Improper installation or erection of products, due to failure in complying with
these requirements, authorizes Consultant to require removal and re-installation
at no increase in Contract Price.
.5 Where a material is specified and work is to be done in accordance with the
manufacturer's specifications, said specifications shall be as issued by the
manufacturer(s) at the date of signing the Contract. The Contractor is to be
responsible for making himself acquainted with these specifications, and they
shall become a part of the Specifications for this work, with the same force as
though printed in full in the Contract Specifications.
.6 All materials must be shipped prepaid and consigned to the Contractor or sub-
contractor. All materials shall be delivered to the building site at the Contractor's
expense. The Contractor must be responsible for the transporting of all materials
to and from the work.
1.12 CONCEALMENT OF PIPES, DUCTS, TUBING AND WIRING
.1 Pipes, ducts, tubing and wiring shall be concealed in the floor, wall and ceiling
construction of finished areas except where indicated otherwise.
1.13 TEMPORARY FACILITIES AND UTILITIES
.1 The Contractor shall provide, install, maintain and locate, where directed and
approved by the Owner, temporary facilities as described in this Section, for the
work and for all trades except where specified otherwise, and remove them upon
completion of the work. All temporary facilities shall be paid for by the Contractor.
.2 Water Supply: provide a continuous supply of potable water for construction use.
Arrange for connection with appropriate utility company and pay costs for
installation, utility charges, maintenance and removal.
.3 Temporary Power: provide and pay for temporary power required during
construction used for temporary lighting and power tools. Arrange for connection
with appropriate utility company and pay costs for installation, maintenance and
removal.
.4 Contractor's Office: provide and maintain as long as required, an approved
temporary building for the Contractor's Office. This Office shall be provided with
heat, power, light, and a table for the examination of drawings. Contractor to have
a cellular phone on site to allow for communications with Consultant.
.5 Temporary Toilets: provide where directed, for use of all persons on the job,
adequate portable toilet facilities with weatherproof enclosures, all to the approval
of the Department of Health, Municipal Regulations, and the Consultant. These
facilities shall be removed and the site left in a neat, clean and sanitary condition
upon completion of the work.
.6 Heat, heating equipment, and shelter: Contractor shall provide and maintain,
unless otherwise specified, heat and shelter to keep that work which requires
protection from cold adequately warm and sheltered from elements, and allow it
to be done safely and well.
.7 Temporary heat: provide, operate and maintain temporary heating equipment as
required until work is complete, unless specified to be provided by the particular
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section requiring temporary heat. Temporary heaters shall be forced warm air
type, operated in well ventilated locations and vented to exterior, or radiant panel
type. If used in areas of the completed building, provide protection on floors and
adjacent surfaces to prevent damage, particularly when refuelling. The
Contractor is responsible for all fuel cost for temporary heat.
.8 Permanent heating system: systems of the building may be used during
construction, provided all warranties are still provided as of the date of
Substantial Completion, proper servicing is maintained, extra precautions are
taken to protect the system, the entire system is brought up to an "as new"
condition at the time of completion, and all costs are borne by the Contractor.
The maintenance program and agreement must be submitted to the Consultant
and approval received before using the permanent heating system.
.9 Hoist equipment: Provide a fully qualified hoist operator to operate hoist
equipment. All trades to make their own financial arrangements with Contractor
for use thereof.
.10 Roads, walks, ramps, stairs (and other means of access as required): maintain
temporary entrances to Building, including enclosed hoardings if deemed
necessary by the Consultant. Bridge temporary excavation with materials and
construction to safely support any load that could be imposed. Co-ordinate
access to existing building with Owner.
.11 Dewatering trenches and building from damage by rainwater, ground water,
backing up of drains or sewers, and other water, frost and other weather
conditions. Provide sheeting, piling, shoring, pumps, equipment, temporary
drainage and enclosures required for this protection. Provide necessary pumps
including spare pump for keeping project free of water throughout construction
period. Pump water to existing sewers by adequate means.
1.14 SCAFFOLDING
.1 Erect scaffolding independent of walls. Use it in such a manner as to interfere as
little as possible with other trades. When not in use, it shall be movable to permit
installation of other work. Construct and maintain scaffolding in a rigid, secure,
and safe manner. Remove it promptly when no longer required.
1.15 CUTTING AND PATCHING
.1 Execute cutting, fitting, and patching, including excavation and fill, to complete
the work.
.2 Remove and replace defective and non-conforming work.
.3 Restore work with new products in accordance with requirements of Contract
Documents.
.4 Provide openings in non-structural elements for work for penetrations of
mechanical and electrical work.
.5 Execute work by methods to avoid damage to other work, and which will provide
proper surfaces to receive patching and finishing.
.6 Employ original installer to perform cutting and patching for exposed to view
materials.
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.7 Cut rigid materials using masonry saw or core drill. Pneumatic or impact tools not
allowed with masonry materials without prior approval.
.8 Refinish surfaces to match adjacent finishes: For continuous surfaces refinish to
nearest intersection; for an assembly, refinish entire unit.
1.16 PROTECTION
.1 Take reasonable and required measures, including those required by authorities
having jurisdiction, to protect public and private property from damage. Make full
restitution for such harm and damage resulting from failure to take adequate
protective measures. Make good damage resulting from failure to take adequate
protective measures. Make good damage from whatever cause. Comply with
requirements of Construction Safety Act, latest issue.
.2 Provide safety helmets for Consultant, Owner and any other authorized visitors to
the site if required.
.3 Provide guard rails, barriers, and pavement protection as required for protection
of public and private property, and as required by law and by authorities having
jurisdiction. Erect sturdy railings around shafts, stairwells, and the like to protect
workmen and public from injury. Alter, remove and relocate or replace as
required, hoardings, barriers, and entrances therein as required by authorities
having jurisdiction, and by the Work.
.4 Provide and maintain guard lights at barricades, railings, obstructions, in streets,
roads or sidewalks and at trenches or pits adjacent to public walks or roads.
.5 Take all necessary precautions to guard site, premises, materials and the public
at times other than when supervised work is in progress.
.6 Provide and maintain in working order, suitable, Underwriter's labelled fire
extinguishers and locate in prominent positions, to the approval of authorities
having jurisdiction.
.7 Completely protect all trees existing on adjacent properties except where
specified otherwise, indicated otherwise on the Drawings, or instructed otherwise
by the Consultant. Protect roots during excavation and grading so that they
receive the minimum possible disturbance and damage.
.8 During the progress of the Work, the Contractor shall be held responsible for full
and complete protection of all portions of the building and their contents. Any
damage caused by failure of the performance of these requirements must be
made good by the Contractor at his own expense to the entire satisfaction of the
Owner and the Consultant.
1.17 SIGNS AND ADVERTISEMENTS
.1 No signs or advertisements of any description, other than notices regarding
safety, cautions, and instructions, shall be put around the building or site without
the approval of the Consultant.
1.18 FINAL INSPECTION
.1 Contractor's Inspection: the Contractor and all sub-contractors shall conduct an
inspection of the work, identify deficiencies and defects; repair as required. Notify
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Port Burwell Marine Museum Amendments to and Supplementary General CondiƟons
18 PiƩ Street, Port Burwell ON
Project No.: 223231
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Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
the Consultant in writing of satisfactory completion of the Contractor's Inspection
and that corrections have been made. Request a Consultant's Review. Provide a
written copy of the Contractor's deficiency report with the request for the
Consultant's Review.
.2 Consultant's Review; the Consultants together with the Owner and the Contractor
will perform a review of the work to identify obvious defects or deficiencies. The
Contractor shall correct work accordingly.
.3 Declaration of Substantial Performance: when the consultants consider
deficiencies and effects have been corrected and it appears requirements of the
Contract have been substantially performed, make application for Certificate of
Substantial Performance. Refer to General Conditions Article GC 5.4 for specifics
to application.
1.19 MAINTENANCE MANUALS
.1 Maintenance Manuals shall be submitted to the Consultant prior to the issuance
by the Consultant of the Substantial Performance Certificate.
.2 Maintenance Manuals shall be submitted to the Consultant in electronic and hard
copy format; one hard copy in matching 3-ring binders and 2 USB's and they
shall contain the following documents:
.1 Printed or type-written copies of maintenance procedures where
indicated in the specifications.
.2 All require warranty and guarantee certificates
.3 As-Recorded drawings as required elsewhere in this Section
.4 Inspection and Verification Certificates
.3 Each binder shall also contain a complete list of contents and a complete list of
subcontractors used for this project and shall include phone numbers, addresses
and contact personnel. Each section shall be properly partitioned.
.4 Refer to Division 15 and Division 16 for additional requirements of maintenance
manuals. Required maintenance data is to be included in the manuals noted
above.
1.20 AS-RECORDED DOCUMENTS
.1 After award of Contract, Consultant will provide a set of drawings for purpose of
maintaining record drawings. Accurately and neatly record deviations from
Contract Documents caused by side conditions and changes ordered by
Consultant.
.2 Record locations and as-built elevations of all new exterior underground utilities
and services incorporated into the work.
.3 Record locations of concealed components of mechanical and electrical services.
.4 Identify drawings as "Project Record Copy". Maintain in new condition and make
available for inspection on site by Consultant.
.5 On completion of work and prior to the issuance by the Consultant of the
Substantial Performance Certificate, submit record documents to Consultant in
electronic format and hard copy.
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Port Burwell Marine Museum Amendments to and Supplementary General CondiƟons
18 PiƩ Street, Port Burwell ON
Project No.: 223231
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Spriet Associates Limited Architects and ConsulƟng Engineers
155 York Street, London ON N6A 1A8
1.21 FINAL CLEANING
.1 Refer to GC 3.13 of the Standard Construction Document, C.C.D.C. No. 2, 2008.
.2 Prior to Substantial Performance, remove surplus products, tools, construction
machinery and equipment not required for the performance of the remaining
work.
.3 Remove waste materials and debris from the site at regularly scheduled times or
dispose of as directed by the Consultant. Do not burn waste materials on site,
unless approved by the Consultant.
.4 Leave the work "broom clean" before the inspection process commences.
.5 Clean and polish glass, mirrors, hardware, wall tile, stainless steel, chrome,
porcelain enamel, baked enamel, plastic laminate, mechanical and electrical
fixtures. Replace broken, scratched or disfigured glass.
.6 Remove stains, spots, marks and dirt from decorative work, electrical and
mechanical fixtures, furniture fitments, walls, carpet and all flooring materials, etc.
.7 Vacuum clean and dust building interiors, behind grilles, louvres and screens,
and light fixtures.
.8 Wax, seal or prepare floor finishes, as recommended by the manufacturer. Co-
ordinate final application of wax and sealers with Owner's maintenance staff.
Supply listing of products and instructions.
.9 Final cleaning requirements beyond the "broom clean" requirement noted in this
sub-section is to be performed by the General Contractor's cleaning contractor.
All co-ordination and charges shall be the responsibility of the General
Contractor. The complete building shall be cleaned to highest standard, to allow
the Owner to occupy the building without further cleaning by Owner's staff.
END OF SECTION 01000
PRODUCTTRADENAMEMODELNUMBEREXISTINGMECH.ROOMEXISTINGOFFICEEXISTINGDISPLAYAREAEXISTINGENTRYEXISTINGCOVEREDENTRYEXISTINGWASHROOMPRODUCTTRADENAMEMODELNUMBEREXISTINGMECH.ROOMEXISTINGOFFICEEXISTINGDISPLAYAREAEXISTINGENTRYEXISTINGCOVEREDENTRYEXISTINGWASHROOMEXISTINGMECH.ROOM103EXISTINGOFFICE102EXISTINGDISPLAYAREA101EXISTINGENTRYNEW FEMALEWASHROOM104105NEW UNIVERSAL/MALE WASHROOM KINGSTONBOWL KINGSTONBOWL
1930 Blue Heron DriveLondon, ON N6H 5L9Tel: 519-472-3688Fax: 519-472-4322www.integratedengineering.caIE Project No. 7326E1”“”ASSOCIATESLIMITED phone : (519) 672-4100 fax : (519) 433-9351engineers155 york street - london - N6A 1A8e-mail : mail@spriet.on.caLONDON LTD.architectsSPRIET
PRODUCTTRADENAMEMODELNUMBEREXISTINGMECH.ROOMEXISTINGDISPLAYAREAEXISTINGENTRYEXISTINGCOVEREDENTRYEXISTINGWASHROOMPRODUCTTRADENAMEMODELNUMBEREXISTINGMECH.ROOMEXISTINGOFFICEEXISTINGDISPLAYAREAEXISTINGENTRYEXISTINGCOVEREDENTRYEXISTINGWASHROOMEXISTINGMECH.ROOM103EXISTINGENTRYNEW FEMALEWASHROOM104105NEW UNIVERSAL/MALE WASHROOMEXISTINGCOVEREDENTRY KINGSTONBOWL KINGSTONBOWL
1930 Blue Heron DriveLondon, ON N6H 5L9Tel: 519-472-3688Fax: 519-472-4322www.integratedengineering.caIE Project No. 7326M1ASSOCIATESLIMITED phone : (519) 672-4100 fax : (519) 433-9351engineers155 york street - london - N6A 1A8e-mail : mail@spriet.on.caLONDON LTD.architectsSPRIET
A1ASSOCIATESLIMITED phone : (519) 672-4100 fax : (519) 433-9351engineers155 york street - london - N6A 1A8e-mail : mail@spriet.on.caLONDON LTD.architectsSPRIET FRR of Supporting Listed Design No. or Description (SG-2)ListedDesign orDescriptionSpatial Separation - Construction of Exterior Walls (walls existing - no change)L/HH/Lor20.WESTOther:SOUTH NORTHEASTArea ofEBF (m )19.WallMezzanineL.D.(m)2Floors MembersRoofOpenings OpeningsProposed% ofHoursPermittedMax. % ofHoursHoursFRR(Hours)Const.CladdingComb.Const. Nonc.Comb.Const.Non-Comb.Building Area (m )3.2selected compartmentsin lieu of roof ratingDescription (SG-2)Listed Design No. orNo(explain)NoNon-combustibleCombustible Actual ConstructionMezzanine Horizontal Assemblies Required FireResistanceRating (FRR)Hazardous Substances1817.Floors Roof FRR ( Hours ) Occupant Load Based OnMezzanine(s)Barrier - free Design16.15.14.HoursHoursHoursYesm / personArea m2YesDesign of buildingNumber of Streets / Fire Fighter AccessWater Service / Supply is AdequateAbove Grade :Standpipe requiredFire Alarm requiredHigh BuildingConstruction Restrictions10.11.12.13.9.Sprinkler System ProposedBuilding ClassificationGross AreaNumber of Storeys6.7.8.4.5.Existing :selected floor areasYesYesYesYesnot requiredbasementCombustible NoNoNoNon-combustibleNoentire buildingBelow Grade :BothBothONTARIO BUILDINGAdditionAlterationFIRM NAME:SPRIET ASSOCIATES LIMITED ARCHITECTS155 YORK STREETLONDON, ONTARION6A 1A8CERTIFICATE OF PRACTICE NUMBER: 1307Name of Project:WASHROOM UPGRADESLocation:18 PITT STREET PORT BURWELL, ONTARIOONTARIO BUILDING CODE DATA MATRIX PARTS 3 OR 9PROJECT DESCRIPTIONMajor Occupancy (s)1.2.ITEMThe Certificate of Practice Numberof the holder Is the holder's BCDNChange of UseNew-CODE CHECKLISTThe architect noted above has exercised responsiblecontrol with respect to design activities. The architect'sseal number is the architect's BCDNPart 3Part 9Part 11References are to Division B unless noted[A] for Division A or [C] for Division C.O.B.C.REFERENCENew :Total :Existing :New :Total :permitted required2Plumbing Fixture Requirements21.Part 3Part 9FixturesProvidedFixturesRequiredOBC TableNumberOccupantLoadOccupancyMale / Female Count @except as noted otherwise% / %-X-- - -----X-XX-X-X------XX-xX- X-X -1st. Floor:personspersonspersonspersonsOccupancyOccupancyOccupancyOccupancyBasement:1st. Floor2nd. Floor3rd. FloorLoadLoadLoadLoadGENERAL NOTES1.THESE DOCUMENTS WERE PREPARED UTILIZING INFORMATIONSUPPLIED BY OTHERS. THE CONTRACTOR IS TO VERIFY ANDDOCUMENT THE EXISTING SITE CONDITIONS. NO EXTRAS WILL BEGRANTED FOR FAILURE TO DO SO.2.ALL ARCHITECTURAL, STRUCTURAL, MECHANICAL, ELECTRICAL,PLUMBING AND ANY OTHER MATERIALS, PROCEDURES & EQUIPMENTSHALL ADHERE TO THE LATEST EDITION OF THE ONTARIO BUILDINGCODE (O.B.C.) , MUNICIPAL SPECIFIC BY-LAWS WHERE THE WORK ISBEING CONDUCTED, AND ALL OTHER REGULATORY BODIES HAVINGJURISDICTION.3.READ ARCHITECTURAL DRAWING NOTES AND DIMENSIONS INCONJUNCTION WITH STRUCTURAL, MECHANICAL, ELECTRICAL,PLUMBING, SITE SERVICES, SITE PLANS, SHOP DRAWINGS,STANDARD ABBREVIATIONS, MOUNTING HEIGHTS AND PROJECTSPECIFICATIONS AND CONTRACT DOCUMENTS. DRAWINGS ARE TOBE READ, NOT SCALED.4.REFER TO PLANS, ELEVATIONS, SECTIONS, WALL TYPES ANDDETAILS FOR TYPICAL CONSTRUCTION DETAILS AND NOTES(UNLESS NOTED OTHERWISE).5.ALL MATERIALS SHALL BE NEW AND ALL WORK SHALL BE OF THEHIGHEST QUALITY FOR THE TRADE INVOLVED.6.CONTRACTOR TO REVIEW AND VERIFY ALL CONSTRUCTIONDOCUMENTS AND REPORT ANY DISCREPANCIES TO THE ARCHITECTPRIOR TO COMMENCING WORK. EXTRAS WILL NOT BE GRANTED FORFAILURE TO REVIEW, VERIFY AND COORDINATE.7.THE ARCHITECT ASSUMES THE GENERAL CONTRACTOR HASINCLUDED THE HIGHEST QUALITY AND GREATEST QUANTITY FORTHE PURPOSE OF RESOLVING ANY CONFLICTS IN THECONSTRUCTION DOCUMENTS WHICH ARE IMPLIED OR UNDEFINED.EXTRAS WILL NOT BE GRANTED FOR FAILING TO IDENTIFY ANDQUESTION ANYTHING CONFLICTING OR UNCLEAR.8.REFER TO MECHANICAL, ELECTRICAL, STRUCTURAL, CIVIL, ANDPLUMBING DRAWINGS FOR ADDITIONAL NOTES, DETAILS ANDINFORMATION.9.IT IS THE GENERAL CONTRACTOR'S RESPONSIBILITY TOCOORDINATE, LOCATE AND CONFIRM ALL SINK, UNDERGROUND /OVERHEAD PLUMBING AND ELECTRICAL STUB-UPS.10.VERIFY LOCATIONS OF ALL ROOF AND WALL PENETRATIONS WITHSTRUCTURAL, PLUMBING, MECHANICAL, AND ARCHITECTURALDRAWINGS.11.LOCATION OF EXHAUST FANS AND VENTS TO BE VERIFIED WITHTHE MECHANICAL/ELECTRICAL ENGINEERS PRIOR TOINSTALLATION. PROVIDE ALL REQUIRED MOUNTING HARDWARE ANDACCESSORIES REQUIRED FOR A COMPLETE INSTALLATION..12.ALL FINISHES AND FINISH MATERIALS, COLOURS OR TEXTURESSHALL BE VERIFIED WITH ARCHITECT PRIOR TO INSTALLATION,FABRICATION OR ORDERING.13.BARRIER-FREE WASHROOM STALLS AND ACCESSORIES TO BEINSTALLED IN ACCORDANCE WITH THE CURRENT EDITION OF THEONTARIO BUILDING CODE.14.SUPPLY AND INSTALL MIRRORS, TOILET TISSUE DISPENSERS, GRABBARS AND OTHER ITEMS AS INDICATED OR SHOWN ON PLANS.REFER TO THE WASHROOM ACCESSORIES LEGEND, ACCESSIBILITYNOTES AND STANDARD MOUNTING HEIGHTS PROVIDED IN THIS SETOF DRAWINGS.15.PROVIDE ALL REQUIRED SUPPORT BEHIND FIXTURES, PARTITIONS,ACCESSORIES AND OTHER WALL MOUNTED FURNITURE, EQUIPMENTOR CASEWORK. VERIFY EXISTING WALL CONSTRUCTIONS RECEIVINGNEW FIXTURES, PARTITIONS, ACCESSORIES AND OTHER WALLMOUNTED FURNITURE, EQUIPMENT OR CASEWORK HAVE ADEQUATESUPPORT , AND UPGRADE AS NEEDED.16.REFER TO PROJECT SPECIFICATIONS FOR MANUFACTURE ANDMODELS OF ALL WASHROOM FIXTURES AND ACCESSORIES.17.FLOOR MOUNTED, OVERHEAD BRACED TOILET PARTITIONS TO BEPROVIDED. OVERHEAD BRACING TO RETURN TO WALL AT EACH END.PROVIDE INTERMEDIATE BRACING ON LONG RUNS.18.MILLWORK ELEVATIONS ARE SCHEMATIC FOR LAYOUT PURPOSESONLY. REFER TO APPROVED MILLWORK SHOP DRAWINGS FORMATERIALS AND SPECIFICATIONS.19.ALL WALLS BEHIND MILLWORK SHALL HAVE FINAL FINISH PRIOR TOINSTALLATION. ALL FLOORING FINISH MATERIAL SHALL BEINSTALLED PRIOR TO MILLWORK INSTALLATION.20.REFER TO ROOM FINISH PLANS AND SCHEDULES FOR ALL ROOMFINISHES.21.GENERAL CONTRACTOR TO COORDINATE ROUGH-IN OF ELECTRICALWITH MILLWORK SUPPLIER AND COORDINATE ALL ELECTRICAL ANDI.T./DATA OUTLETS WITH ELECTRICAL DRAWINGS. LOCATIONS OFOUTLETS TO BE VERIFIED WITH OWNER TO SUIT LOCATIONS OFOWNER SUPPLIED APPLIANCES AND EQUIPMENT.22.ALL INTERIOR PARTITION DIMENSIONS, FOR NEW WALLS ARE TOFACE OF FINISHED WALL.23.ALL INTERIOR PARTITION DIMENSIONS, FOR EXISTING WALLS ARETO FACE OF EXISTING FINISH. EXISTING DIMENSIONS AREPROVIDED SOLELY FOR THE CONVENIENCE OF THE CONTRACTOR.CONTRACTOR TO SITE CONFIRM ALL DIMENSIONS PRIOR TOCOMMENCING WORK.24.STEEL STUD CONTRACTOR TO SUBMIT SHOP DRAWINGS CERTIFIEDBY A PROFESSIONAL ENGINEER FOR REVIEW PRIOR TOCONSTRUCTION.25.OFFSET WALLS WHERE GYPSUM BOARD THICKNESSES VARY TOENSURE THAT FINISH WALL SURFACES ARE FLUSH WITH EACHOTHER.26.CONTROL JOINTS (C.J.) ARE TO BE PROVIDED AT A MAXIMUM OF25'-0" O.C. FOR GYPSUM BOARD AND CONCRETE BLOCK WALLS.TYPICAL UNLESS NOTED OTHERWISE. REFER TO STRUCTURALDRAWINGS FOR ADDITIONAL INFORMATION.27.GENERAL CONTRACTOR TO CAULK AND SEAL ALL EXPANSION ANDSAWCUT JOINTS AT ALL EXTERIOR/INTERIOR CONCRETE.28.HEAVY DASHED LINES INDICATES FIRE RESISTANCE RATING ORFIRE SEPARATION. TOP OF WALL TO BE COMPLETELY SEALED.REFER TO FIRESTOPPING NOTES PROVIDED IN THIS SET OFDRAWINGS AND PROJECT SPECIFICATIONS.6.PRIOR TO THE START OF DEMOLITION, THE CONTRACTOR SHALLCALL TO THE ATTENTION OF THE ARCHITECT ANY DAMAGE,CRACKS OR OTHER IMPERFECTIONS IN THE WORK ADJACENT TOTHE DEMOLITION AREAS.7.CONTRACTOR TO REMOVE, STORE, AND PROTECT EXISTINGNON-ATTACHED, MOVEABLE CABINETS, AND FURNITURE (TYP).COORDINATE WITH OWNER FOR RELOCATION OR RE-USE. WHERESUCH ITEMS ARE DAMAGED AS A RESULT OF THE OPERATIONS OFTHIS CONTRACT, IT SHALL BE REPAIRED OR REPLACED BY THECONTRACTOR AS REQUIRED AND TO THE SATISFACTION OF THEOWNER.8.COORDINATE WITH MECHANICAL, ELECTRICAL AND STRUCTURALDRAWINGS AND SPECIFICATIONS FOR ADDITIONAL DEMOLITIONREQUIREMENTS.9.THE CONTRACTOR SHALL VERIFY THE EXISTENCE, LOCATION ANDELEVATION OF EXISTING UTILITY LINES IN DEMOLITION AREASBEFORE PROCEEDING WITH THE WORK. ANY INTERFERENCES WITHDEMOLITION WORK SHALL BE REPORTED TO THE ARCHITECT.10.LOCATE, DISCONNECT, REMOVE AND/OR CAP ALL EXISTING UTILITYLINES BY MEANS APPROVED BY THE RESPECTIVE UTILITY COMPANYAND GOVERNING AUTHORITIES. RECORD UTILITY AND CAPLOCATIONS ON CONTRACTORS "AS-BUILT" DOCUMENTS.11.PRIOR TO THE DEMOLITION OF ITEMS WHICH HAVE UTILITYCONNECTIONS (WATER, GAS, ELECTRICITY, STEAM, ETC.) THECONTRACTOR SHALL ARRANGE WITH THE OWNER TO LOCATESHUTOFF VALVES, PANEL BOXES AND OTHER CONTROL ELEMENTSSO THAT DAMAGE AND OTHER POTENTIALLY DANGEROUSSITUATIONS ARE AVOIDED.12.MAINTAIN AT ALL TIMES THE EMERGENCY LIGHTING THROUGHOUTTHE BUILDING DURING DEMOLITION WORK, AS WELL AS,RECONSTRUCTION WORK. PROVIDE ALL NECESSARY TEMPORARYLIGHTING, PARTITIONS, DUST COVERS, DROP CLOTHES, ETC.13.IF REQUIRED CLOSE OFF EXISTING SUPPLY/ RETURN PIPES, DUCTS,ETC. FEEDING EXISTING ROOMS TO PREVENT DUST/DEBRIS ENTRY.14.DEMOLISH INDICATED STRUCTURES IN AN ORDERLY ANDRESPONSIBLE MANNER.15.CONDUCT DEMOLITION TO MINIMIZE INTERFERENCE WITHADJACENT STRUCTURES MAINTAIN TEMPORARY PROTECTEDEGRESS AND ACCESS AT ALL TIMES. PROVIDE, ERECT, ANDMAINTAIN TEMPORARY BARRIERS AND SECURITY DEVICES.16.WHERE EXISTING CONSTRUCTION IS TO BE ALTERED, PROVIDETEMPORARY BRACING AND/OR SHORING AS REQUIRED UNTIL THEWORK IS SAFELY COMPLETED. IF THE STABILITY OF ADJACENTSTRUCTURES APPEARS THREATENED OR IN DOUBT, CEASEOPERATIONS AND NOTIFY ARCHITECT AND OWNER IMMEDIATELY, DONOT RESUME OPERATIONS UNTIL CORRECTIVE MEASURES HAVEBEEN TAKEN.17.CONTRACTOR SHALL PROVIDE ADEQUATE BRACING AND SHORING OFEXISTING MASONRY WALLS BEARING AND NON-BEARING TORECEIVE NEW MASONRY OPENINGS TYP. TOOTH NEW OPENINGSWITH NEW MASONRY AND PATCH EXISTING FINISHES TO REMAIN.ALSO PROVIDE ADEQUATE BRACING/SHORING AT ALL AREAS OFFLOOR/ROOF SLAB CUTTING. PROVIDE ALL SHORING(S),BRACING(S), BARRICADES, ETC. TO ACCOMPLISH ALL THE WORK INAN APPROVED MANNER.18.CUT MEMBERS BY METHODS LEAST LIKELY TO DAMAGE THEMEMBERS TO BE RETAINED AND WORK ADJOINING. EXISTINGCONSTRUCTION NOT UNDERGOING ALTERATION IS TO REMAINUNDISTURBED AND PROTECTED FROM DAMAGE. WHERE SUCHCONSTRUCTION IS DISTURBED AS A RESULT OF THE OPERATIONSOF THIS CONTRACT, IT SHALL BE REPAIRED OR REPLACED BY THECONTRACTOR AS REQUIRED AND TO THE SATISFACTION OF THEOWNER.19.WALLS, CEILINGS, FLOORS ETC. TO REMAIN, ADJACENT TO AREASOF WORK AND ALTERED AS NECESSARY TO COMPLETE THE WORK,ARE TO BE RESTORED, REPAIRED OR REPLACED TO THE EXISTINGCONDITION OR BETTER PRIOR TO THE COMMENCEMENT OF THEWORK.20.PATCH, FILL AND REPAIR ALL SURFACES DISTURBED, CUT,DAMAGED, IN NEED OF REPAIR OR MADE IMPERFECT BYALTERATIONS OR REMOVAL WORK (INCLUDING DAMAGE CAUSED BYOTHER TRADES) AND AS REQUIRED TO PREPARE FOR NEWMATERIALS AND ARRANGEMENTS.21.EXISTING DOORS AND FRAMES INDICATED TO BE REMOVED, INCLUDEREMOVAL OF BLOCKING, SHIMS, BACKER ROD, CAULKING ANDHARDWARE.22.ALL EXISTING WALLS NOTED TO RECEIVE PAINT FINISH ARE TO BESANDED, SCRAPED, PATCHED AS REQUIRED TO CREATE A SMOOTHSURFACE, UNLESS NOTED OTHERWISE, AND MADE READY FORPAINTING REGARDLESS OF THE FINISH, SHEEN OR TEXTURE OF THEEXISTING PAINT.23.ALL FLOORS NOTED TO RECEIVE NEW FLOOR FINISH SHALL BEPATCHED, GROUND SMOOTH, LEVELLED AND MADE READY TORECEIVE NEW FLOOR FINISH.24.PROVIDE TEMPORARY PROTECTION TO PREVENT DAMAGE FROM THEWEATHER OR VANDALISM, AS WELL AS PROTECTION FOR THEGENERAL PUBLIC SO THAT THE OWNERS BUSINESS OPERATIONSARE MINIMALLY DISTURBED. IN ADDITION, PROVIDE PROTECTION OFEXISTING EQUIPMENT DURING EXECUTION OF WORK.25.PROVIDE FIRE WATCH DURING FIELD CUTTING AND WELDINGOPERATIONS. MEETING THE OWNERS REQUIREMENTS. EMPLOYONLY SKILLED TRADESMEN TO PERFORM DEMOLITION WORK. DONOT USE CUTTING TORCHES FOR REMOVAL OF WORK UNTIL WORKAREA IS CLEARED OF FLAMMABLE MATERIALS, CUTTING TORCHESMAY BE USED ONLY WITH THE OWNERS PERMISSION.26.PROTECT ALL EXISTING PORTIONS OF THE EXISTING BUILDING TOREMAIN DURING DEMOLITION/CONSTRUCTION. THE GENERALCONTRACTOR IS RESPONSIBLE FOR ANY/ALL DAMAGES CAUSED BYHIMSELF OR HIS/HER SUB-CONTRACTORS.27.PROTECT ALL NEW DEMOLISHED OPENINGS PRIOR TO INSTALLATIONOF NEW DOORS AND/OR CONSTRUCTION OF MASONRY INFILL, NEWWALLS, PARTITIONS, ETC.28.AT NO TIME SHOULD THE CONTRACTOR ALLOW THE DEMOLITIONWORK OR STORAGE OF DEBRIS TO CAUSE INTERFERENCE WITH ANYREQUIRED MEANS OF EGRESS OR CAUSE A HAZARDOUS CONDITION.29.EXECUTE THE DEMOLITION IN AN ORDERLY AND CAREFUL MANNERWITH THE LEAST POSSIBLE DISTURBANCE TO THE PUBLIC OR THEFUNCTIONING OF THE EXISTING BUILDING. CONDUCT OPERATIONSWITH MINIMUM INTERFERENCE TO PUBLIC OR PRIVATETHOROUGHFARES.30.KEEP CLEAN ALL EXISTING SPACES AND PROPERTIES ADJACENT TODEMOLITION/CONSTRUCTION AREAS. ANY DEBRIS SHALL BEREMOVED FROM WORK AREAS DAILY. KEEP ALL ADJOINING PUBLICAREAS CLEAN DURING WORKING HOURS AND MAKE EVERY EFFORTTO PROVIDE SAFE CONDITIONS FOR THE GENERAL PUBLIC AND THEWORKERS.31.DEMOLISHED MATERIALS, UNLESS OTHERWISE NOTED, SHALLBECOME THE PROPERTY OF THE CONTRACTOR. ACCUMULATION OFRUBBISH, DEMOLISHED MATERIALS ETC. ON SITE SHALL NOT BEPERMITTED. ALL DEMOLITION MATERIAL SHALL BE REMOVED BYTHE CONTRACTOR FROM THE SITE AND DISPOSED OF IN A PROPERAND LEGAL MANNER. THE SELECTION OF THE DUMP SITE ANDDISPOSAL OF MATERIAL IS THE RESPONSIBILITY OF THECONTRACTOR.DEMOLITION NOTES (CONTINUED)3.0.1.All the work of this Division shall comply with the latest edition ofCAN3-A23.1-M77, CAN3-A23.2-M1977.3.0.2.All concrete used shall be ready mixed having a compressive strengthof 20 MPa at 28 days, except as noted. Minimum Portland cementcontent shall be 310 kg/m3.3.0.3.Concrete used for floor slabs on grade shall have a minimumcompressive strength of 25 MPa at 28 days. Minimum Portland cementcontent shall be 350 kg/m3.3.0.4.Air content to be 4 % except for trowelled interior slabs andfootings.3.0.5.Reinforcing steel: billet steel, grade 400, deformed bars to CSAG30.12-M1977 unless indicated otherwise.3.0.6.Cement: normal portland cement to CAN3-A5-M1983.3.0.7.Welded wire mesh where indicated on the drawings shall conform toCSA G30.5-M1983. Sizes shall be as noted on the drawings. Providein flat sheets only.3.0.8.Chairs (for welded steel wire fabric support): shall be Type B, No. 87,5/16" gauge galvanized wire 3\" high as manufactured by Guy GuenetteLtd., St. Laurant, Quebec, (514)336-6344. Approved alternates willbe accepted by Consultant.3.0.9.Surface hardeners for plain floors (exposed in the finished structure):non-metallic type resistant to calcium chloride, oil and greasepenetration, and be one of the following:.1 Sealtight Type R Premixed Floor Hardener by W.R. Meadows.2 Traprock by Sternson Construction Products.3 Maximent HD by Master Builders Technologies.4 Surflex by The Euclid Chemical Company3.0.10.Concrete floor curing and sealing compound: approved clear, acrylicpolymer type, free flowing liquid which will adhere to damp concreteand meets the moisture retention requirements to ASTM C309, Type 1,Class B, and will not affect the bond of finished floor adhesivesand/or joint sealants:.1 Sealtight, Vocomp-20 by W.R. Meadows.2 Flortec by Sternson Construction Products.3 Acryseal by Master Builders Technologies.4 Rez-Seal by The Euclid Chemical Company3.0.11.Sawcut filler: Sealtight Rezi-Weld Flex or Thoroc EP280 asmanufactured by Chamrex.3.0.12.Place fabric reinforcing accurately and secure in position using steelchairs specified and annealed tie wires. Fabric to sit on chairs spacedin a 24" (600mm) grid each way. The fabric reinforcing shall belapped 6" (150mm) minimum and tied securely to the chair.3.0.13.The floor slab shall be poured on a level, well compacted sub-base.The sub-base must not deviate by more than {" (10mm) in either wayfrom the specified profile.3.0.14.Water-cement ratio may under no circumstances exceed 0.55. Theconcrete workability may be improved by the use of plasticizers.3.0.15.Floor slabs shall be placed by a continuous pour the limits of eachroom. Placement of concrete shall be in accordance with goodconstruction practices.3.0.16.Areas that do not meet the required surface accuracy shall berectified as follows at the Contractor's expense:.1 Grind down any areas higher than 1/8 (3mm) above the correctsurface..2 Correct any areas lower than 1/8 (3mm) below the correct surfaceby grinding down the adjacent high areas..3 All grinding shall be carried out by an approved machine of a typeand capacity suitable for the total area of grinding involved untilthe surface meets the specified requirements.3.0.17.All unformed surfaces shall be finished by screeding followed byfloating.All building floor surfaces, unless otherwise specified, after woodfloating, shall be finished with a steel trowel or finishing machine.Trowelling shall be continued until the required finish is obtainedduring which time the temperature shall be maintained at a minimum of10 degrees C. In order to prevent excess fines from working to thesurface, steel trowel finishing shall be delayed until the concretesurface can no longer be dented with the finger. Dry cement orcement and sand shall not be used to blot up excess water.3.0.18.Concrete floor slabs shall have surfaces sealed with one coat ofspecified sealer at a rate of 7.2m2/litre (300 s.f./gal.) Apply inaccordance with manufacturer's written instructions.3.0.19.Concrete floor slabs on grade which will be left exposed in thefinished structure shall have its surface hardened with an applicationof the specified product at a rate of 4.0 kg/m2 (80 lbs/100 s.f.).Apply in strict accordance with the manufacturer's writteninstructions.3.0.20.Cut shrinkage joints as quickly as possible after the concrete hashardened in such a way that the edges of the joints do not crumble.Saw cuts shall be 1/8 (3mm) wide with a depth of 1/3 of slabthickness. Saw cut joints shall be made so that the distance betweenjoints does not exceed 20'-0" (6100mm).3.0.21.Fill all sawcuts exposed in the finished building with sawcut fillerspecified.3.0 CONCRETE2.1.4.EXCAVATIONS FOR FOUNDATIONS SHALL EXTEND A MINIMUM OF ONEFOOT BEYOND THE EDGES OF ALL FOOTINGS, AND SHALL BE LEVELEDOFF AND TAMPED SOLID. TAKE CARE NOT TO EXCAVATE TOO LOW.EXCAVATIONS CARRIED DEEPER THAN SHOWN ON THE DRAWINGSWITHOUT APPROVAL BY THE CONSULTANT, WILL REQUIREBACKFILLING WITH CONCRETE AT NO ADDITIONAL COST TO THEOWNER.2.1.5.DO NOT DISTURB THE BOTTOM OF EXCAVATIONS IN ANY WAY THATMAY ADVERSELY AFFECT THE LOAD BEARING VALUE.2.1.6.THE CONTRACTOR SHALL AT ALL TIMES KEEP ALL EXCAVATIONS ANDTRENCHES DRY AND FREE FROM WATER AT THEIR OWN EXPENSE ANDSHALL BUILD DAMS, WATERCOURSES AND OTHER WORK NECESSARYFOR THIS PURPOSE AND PROVIDE AND KEEP IN OPERATION PUMPS OFSUFFICIENT CAPACITY FOR THIS PURPOSE.2.1.7.PROMPTLY BACKFILL EXCAVATIONS AS THE WORK PROGRESSES, BUTNOT BEFORE STRUCTURAL CONCRETE, MASONRY WALLS, PEDESTALSAND OTHER STRUCTURAL CONCRETE HAVE ATTAINED FULLSTRENGTH. STRUCTURAL WORK MUST BE INSPECTED PRIOR TOBACKFILLING. BACKFILL EVENLY ON BOTH SIDES OF THE FOUNDATIONWALLS TO AVOID UNEQUAL PRESSURE ON WALLS.2.1.8.IN BACKFILLED AREAS AND TRENCHES WHICH WILL BE UNDER FLOORSLABS, SIDEWALKS, ROADWAYS, ETC., THE CONTRACTOR SHALLPROVIDE AND USE MECHANICAL COMPACTING EQUIPMENT, SUIT FORUSE IN CONFINED SPACES AND SHALL PLACE THE BACKFILLMATERIALS MAXIMUM 8" (200MM) DEEP LAYERS, AND COMPACT EACHLAYER TO 95% STANDARD PROCTOR DENSITY. WHEN NECESSARY,APPLY WATER, IN AMOUNTS AS DIRECTED BY CONSULTANT, TO THEBACKFILL MATERIALS TO ACHIEVE THE DESIGNED AMOUNT OFCOMPACTION.2.1.9.ANY SURPLUS MATERIAL FROM CLEARING, STRIPPING, EXCAVATION ORGRADING OPERATIONS NOT REQUIRED ON THE PROJECT SHALL BEREMOVED FROM SITE BY THE CONTRACTOR.2.1.10.REMOVE ANY CONTAMINATED OR DANGEROUS MATERIALSENCOUNTERED DURING EXCAVATION FROM SITE AND DISPOSE OF IN ASAFE MANNER.2.1.11.INTERIOR BACKFILL: TO THE U/S OF GRANULAR 'A' BASE NOTED ONDRAWINGS SHALL BE GRANULAR 'B'.2.1.12.EXTERIOR BACKFILL: UNDER CONCRETE SLABS AND SITESTRUCTURES, TO THE U/S OF GRANULAR 'A' BASE NOTED ONDRAWINGS SHALL BE GRANULAR 'B'.2.1.13.EXTERIOR BACKFILL: UNDER SOD OR LANDSCAPED AREAS, SHALL BESITE MATERIAL, CLEAN AND FREE OF DEBRIS. TOPSOIL IMPORTED BYTHE OWNER TO THE SITE SHALL BE INSTALLED BY THE CONTRACTOR.2.1.14.GRANULAR 'A' MATERIAL, SHALL BE CLEAN, CRUSHED ROCK, FREE OFLUMPS OF CLAY CONFORMING TO OPSS.PROV FORM 1010.2.1.15.GRANULAR 'B' MATERIAL CONFORMING TO OPSS.PROV FORM 1010.2.1.16.CONCRETE BACKFILL: 15 MPA OR AS APPROVED BY CONSULTANT.2.1.17.WATER SERVICE: BEDDING MATERIAL, TYPE 1 COARSE SAND.2.1.18.APPROVED BACKFILL: NATIVE ON SITE MATERIAL.2.0 SITE WORK (CONTINUED)1.THE INTENT OF THESE DOCUMENTS IS TO INCLUDE ALL WORK ANDITEMS NECESSARY FOR THE COMPLETION OF WORK. THE WORKSHALL BE REQUIRED WHETHER OR NOT SHOWN ON THE PLANSAND/OR CONSTRUCTION DOCUMENTS, BUT ARE REASONABLEINFERABLE AS BEING.2.ALL DIMENSIONS ARE TO BE CONFIRMED ON SITE AND ANYDISCREPANCIES REPORTED TO THE ARCHITECT PRIOR TODEMOLITION.3.EXISTING ITEMS ARE PICTORIAL AND MAY NOT BE EXACTLY ASSHOWN ON DRAWINGS. NOT ALL FLOOR , WALL OR CEILINGMOUNTED EQUIPMENT, ACCESSORIES, SIGNAGE ETC. MAY BEINDICATED. ALLOW FOR THE REMOVAL OF ALL EQUIPMENT,ACCESSORIES, SIGNAGE ETC. IN THE AREA OF WORK.4.EXTENT OF BUILDING DEMOLITION IS INDICATED ON THE DRAWINGS.IT IS THE CONTRACTORS RESPONSIBILITY TO DETERMINE ANDCOORDINATE WITH THE OWNER AND TENANT DEMOLITIONPROCEDURES AND SEQUENCE AND TO ENSURE THE STABILITY ANDSAFETY OF THE STRUCTURE AND ITS COMPONENT PARTS.5.BEFORE STARTING WORK, MAKE A THOROUGH EXAMINATION OFTHOSE PORTIONS OF THE STRUCTURE IN WHICH THE WORK IS TOBE PERFORMED. CHECK ALL THE WORK ADJOINING OR ATUNDERLYING LOCATIONS. REPORT TO THE ARCHITECT ANY ANDALL CONDITIONS WHICH MAY INTERFERE WITH OR OTHERWISEEFFECT OR PREVENT THE PROPER EXECUTION AND COMPLETION OFTHE WORK. DO NOT START THE WORK UNTIL SUCH CONDITIONSHAVE BEEN EXAMINED AND A COURSE OF ACTION HAS BEENMUTUALLY AGREED UPON.DEMOLITION NOTES2.1.1.THE CONTRACTOR SHALL LOCATE ALL UTILITIES AND SERVICES PRIORTO ANY EXCAVATIONS. WHEN SUCH SERVICES ARE ENCOUNTEREDDURING EXCAVATION WORK, IMMEDIATELY NOTIFY THE OWNER ANDCONSULTANT. PROTECT, BRACE AND SUPPORT ENCOUNTEREDSERVICES. WHERE REPAIRS TO THESE SERVICES BECOME NECESSARYDUE TO DAMAGE BY THE CONTRACTOR, REPAIR AT NO ADDITIONALCOST TO THE CONTRACT TO THE SATISFACTION OF THE OWNER.2.1.2.THE CONTRACTOR SHALL RESTORE ALL AREAS DISTURBED BY THEIRTRADES OR OWN FORCES WITH MATERIALS TO MATCH EXISTING.2.1.3.DO NOT SELL OR BURY MATERIALS ON SITE.2.0 SITE WORK5.0 METALS5.0.1.Structural steel shall comply with the applicable requirements ofCSA-S16 and CSA-S136.5.0.2.All structural steel shall be CAN/CSA-G.40.21 Grade 300W.5.0.3.Steel angle lintels and other miscellaneous metal items shall receivea shop coat of zinc-rich paint on less than 0.5 mils in thickness, andcontaining not less than 95 % zinc in the dry film.6.0 WOOD & PLASTICS6.0.1.All lumber shall be graded in accordance with NLGA standard gradingrules for Canadian lumber. Framing lumber, blocking, nailers, etc.shall be No. 2 Grade Spruce Pine Fir Group D. Moisture content shallbe 19 % or less.6.0.2.specified herein, or required for proper installation of carpentry andmillwork. Fastenings not shown or specified shall be of a suitablequality, size, strength, finish, and durability to provide adequateperformance and/or appearance as required by their location in thework.6.0.3.Plastic laminate: shall conform to CAN3-A172-M79, Type 1, generalpurpose, 1/16" nominal thickness. All panels shall be balanced with.020" backing sheet. Use urea resin adhesive conforming to CSA0112.5-M1977. Plastic laminate shall have suede finish, colour byOwner.6.0.4.Particle board: unless noted otherwise, shall be particle core board(PCB), 120g thickness as noted on the drawings. Apply plasticlaminate to all exposed edges.6.0.5.Edging: shall be plastic laminate, colour to match face panels, fieldapplied to manufacturer's specifications.6.0.6.Fitment framing: pine, to NLGA (Standard Grading Rules for CanadianLumber, 1987) 115a, No. 1 common.6.0.7.Plywood: spruce, thickness as noted on the drawing.6.0.8.Submit shop drawings sand samples in accordance with Section 01000General Requirements for all millwork items. Indicate details ofconstruction, profiles, jointing, fastening and other related details.Indicate all materials, thicknesses, finishes and hardware.7.0 THERMAL & MOISTURE PROTECTION7.0.1.Exterior caulking: shall be three-part epoxidized polyurethaneterpolymer sealant "Dymeric" as manufactured by TremcoManufacturing Co. (Canada), or approved equal, meeting therequirements of CGSB CAN 2-19.24-M80. Colours to be selected bythe Owner.7.0.2.Interior caulking: (with the exception of expansion joints andperimeters of washroom fixtures) shall be non-staining one partacrylic terpolymer sealant "Mono 555" as manufactured by TremcoManufacturing Co. (Canada), or approved equal, meeting therequirements of CGSB 19-GP-5M.7.0.3.Caulking for perimeter of washroom fixtures: silicone containingsuitable fungicide such as "Tremsil 600", or approved equal.7.0.4.Caulk around all door frames both sides, all control joints, alljoints between metal and masonry surfaces, around plumbing fixturesand other locations shown on the drawings.7.0.5.Vapour barrier used with friction fit insulation shall be standardcommercial quality polyethylene film at least 6 mils in thicknessconforming with all test requirements to ASTM D697, D882 and D1004.7.0.6.Closures: .1 Metal: fabricated from the same material, gauge andcolour AS EXISTING.7.0.7.Exterior fasteners: self-tapping nylon, hex-headed sheet metalscrews. Nylon head shall be in a matching colour to blend withexterior steel and shall have a sealing washer flange as an integralpart of the head to form a watertight seal.8.0 DOORS & WINDOWS8.0.1.Hollow metal frames shall be 16 ga. minimum zinc coating of 0.90oz/ft2 G-90 glavanized. Each frame shall be provided with 3 singlestud door silencers.8.0.2.Frames to be welded seam type and shall have heavy reinforcement atcorners, hinge, strike and closer locations, and shall be prepared forinstallation of templated hardware and rubber door silencers. Allstrike, hinge and closer reinforcing shall be protected on all sideswith metal guard boxes. Frame depths to suit wall thickness.8.0.3.Hollow steel doors shall be as follows:.1 Exterior: 16 ga., minimum zinc coating of 0.90 oz/ft2, G-90galvanized.8.0.4.Doors shall be constructed of steel sheets welded to 16 gaugevertical steel stiffeners. Vertical door seams shall be interlockedand fully welded. All doors shall have the top and bottom edgesclosed with a continuous channel. Door shall be reinforced at hinge,lock and closer locations. Fit all exterior doors with top weathercap.8.0.6.Submit shop drawings for doors, frames, screens, windows in accordancewith Section 1000 General Requirements prior to fabrication.8.0.7.Door hardware:.1Hardware selection by owner. An approved hardware list will beprepared and separately bid under the direction of the Consultantafter award of the contract. The general contractor shall assumefull responsibility for the sub-contract when awarded..2The Contractor shall include in the contract price the cost ofall labour, materials, overhead and profit applicable to theinstallation of all finishing hardware..3All unspent portions of the allowance shall be credited to theOwner..4Submit shop drawings for doors and frames in accordance withSection 01000 General Requirements. Indicate each type of door andframe, material, steel core thicknesses, mortises, reinforcements,location of exposed fasteners, openings, glazing, louvres, arrangementof hardware and fire rating. Include schedule identifying each unitwith door marks and numbers relating to numbering on drawings and inthe door schedule.9.0 FINISHES9.0.1.Proceed with painting only when surfaces and conditions aresatisfactory for production of a first class job. commencement of work shallimply acceptance of conditions.9.0.2.Finishes and specified number of painting coats are intended to coverthe surface completely. If they do not, apply additional coats until completecoverage is achieved.9.0.3.The Owner will provide a Colour Finish Schedule prior to field painting.9.0.4.All exposed metal (ferrous), steel doors and frames shall receive onecoat zinc chromate primer and two coats exterior alkyd enamel.9.0.5.All interior concrete block walls shall receive one coat block fillerand two coats interior acrylic latex, semi gloss finish.9.0.6.All interior gypsum board walls shall receive one coat primer and twocoats interior acrylic latex, eggshell finish.
EXISTINGDISPLAYAREAEXISTINGENTRYEXISTINGMECH.ROOMEXISTINGCOVEREDENTRYEXISTINGWASHROOMEXISTINGDISPLAYAREAEXISTINGENTRYNEW FEMALEWASHROOM104105NEW UNIVERSAL/MALE WASHROOMEXISTINGMECH.ROOMEXISTINGOFFICEEXISTINGCOVEREDENTRYP1P1P1P2
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A3ASSOCIATESLIMITED phone : (519) 672-4100 fax : (519) 433-9351engineers155 york street - london - N6A 1A8e-mail : mail@spriet.on.caLONDON LTD.architectsSPRIET TOILET TISSUE DISPENSER24" HORIZONTAL GRAB BAR PAPER TOWEL DISPENSERSOAP DISPENSERMIRROREDCBAWASHROOM ACCESSORIES LEGENDCONTINUOUS 'L-SHAPED' GRAB BAR FSHELFEMERGENCY CALL BUTTONCOAT HOOKIHGIN THE EVENT OF AN EMERGENCY PUSH EMERGENCY BUTTON ANDAUDIBLE AND VISUAL SIGN WILL ACTIVATEJSANITARY NAPKIN DISPOSAL KGARBAGE RECEPTACLELPOWER DOOR OPERATOR (D.O.D.)
Washroom Upgrade Addenda # 01 Page 1
ADDENDUM NO. 01
OWNER: The Corporation of the Municipality of Bayham
56169 Heritage Line
Straffordville ON N0J 1Y0
DATE: September 20, 2024
PROJECT: Washroom Upgrade
Port Burwell Marine Museum
18 Pitt Street, Port Burwell ON
JOB NUMBER: 223231
_______________________________________________________
This Addendum forms part of the contract documents and is to be read, interpreted, and co-ordinated with
all other parts.
The cost of all contained herein is to be included in the contract sum. The following revisions supersede the
information contained in the original drawings and specifications issued for the above-named project to the
extent referenced and shall become part thereof. Acknowledge receipt of this Addendum by inserting its
number and date on the Tender Form.
Failure to do so may subject the Bidder to disqualification.
Description:
ITEM REFERENCE QUESTION
1 Is the Contractor responsible for the dumpster on site,
portable toilet on site and building permit?
Spriet Response The Contractor is responsible for the dumpster and portable
toilet.
The permit has been applied for and the Municipality is going
to pay for the permit.
2 Please provide room dimensions.
Please provide clarificaƟon for the ceiling joists.
Spriet Response Drawings have been updated to include dimensions, as well as
other addiƟonal informaƟon. All addiƟonal items are clouded.
The ceiling joist are 6” structural steel studs, 18 gauge.
3 The plumbing wall between the two washrooms is labeled as
P1. Should this be a 6 inch wall to accommodate a 6” vent
stack?
Spriet Response A 6” vent stack is not required. The required vent can be
smaller and should not be an issue fiƫng the vent within the
wall provided.
- END OF ADDENDUM NO.1 -
A1ASSOCIATESLIMITED phone : (519) 672-4100 fax : (519) 433-9351engineers155 york street - london - N6A 1A8e-mail : mail@spriet.on.caLONDON LTD.architectsSPRIET FRR of Supporting Listed Design No. or Description (SG-2)ListedDesign orDescriptionSpatial Separation - Construction of Exterior Walls (walls existing - no change)L/HH/Lor20.WESTOther:SOUTH NORTHEASTArea ofEBF (m )19.WallMezzanineL.D.(m)2Floors MembersRoofOpenings OpeningsProposed% ofHoursPermittedMax. % ofHoursHoursFRR(Hours)Const.CladdingComb.Const. Nonc.Comb.Const.Non-Comb.Building Area (m )3.2selected compartmentsin lieu of roof ratingDescription (SG-2)Listed Design No. orNo(explain)NoNon-combustibleCombustible Actual ConstructionMezzanine Horizontal Assemblies Required FireResistanceRating (FRR)Hazardous Substances1817.Floors Roof FRR ( Hours ) Occupant Load Based OnMezzanine(s)Barrier - free Design16.15.14.HoursHoursHoursYesm / personArea m2YesDesign of buildingNumber of Streets / Fire Fighter AccessWater Service / Supply is AdequateAbove Grade :Standpipe requiredFire Alarm requiredHigh BuildingConstruction Restrictions10.11.12.13.9.Sprinkler System ProposedBuilding ClassificationGross AreaNumber of Storeys6.7.8.4.5.Existing :selected floor areasYesYesYesYesnot requiredbasementCombustible NoNoNoNon-combustibleNoentire buildingBelow Grade :BothBothONTARIO BUILDINGAdditionAlterationFIRM NAME:SPRIET ASSOCIATES LIMITED ARCHITECTS155 YORK STREETLONDON, ONTARION6A 1A8CERTIFICATE OF PRACTICE NUMBER: 1307Name of Project:WASHROOM UPGRADESLocation:18 PITT STREET PORT BURWELL, ONTARIOONTARIO BUILDING CODE DATA MATRIX PARTS 3 OR 9PROJECT DESCRIPTIONMajor Occupancy (s)1.2.ITEMThe Certificate of Practice Numberof the holder Is the holder's BCDNChange of UseNew-CODE CHECKLISTThe architect noted above has exercised responsiblecontrol with respect to design activities. The architect'sseal number is the architect's BCDNPart 3Part 9Part 11References are to Division B unless noted[A] for Division A or [C] for Division C.O.B.C.REFERENCENew :Total :Existing :New :Total :permitted required2Plumbing Fixture Requirements21.Part 3Part 9FixturesProvidedFixturesRequiredOBC TableNumberOccupantLoadOccupancyMale / Female Count @except as noted otherwise% / %-X-- - -----X-XX-X-X------XX-xX- X-X -1st. Floor:personspersonspersonspersonsOccupancyOccupancyOccupancyOccupancyBasement:1st. Floor2nd. Floor3rd. FloorLoadLoadLoadLoadGENERAL NOTES1.THESE DOCUMENTS WERE PREPARED UTILIZING INFORMATIONSUPPLIED BY OTHERS. THE CONTRACTOR IS TO VERIFY ANDDOCUMENT THE EXISTING SITE CONDITIONS. NO EXTRAS WILL BEGRANTED FOR FAILURE TO DO SO.2.ALL ARCHITECTURAL, STRUCTURAL, MECHANICAL, ELECTRICAL,PLUMBING AND ANY OTHER MATERIALS, PROCEDURES & EQUIPMENTSHALL ADHERE TO THE LATEST EDITION OF THE ONTARIO BUILDINGCODE (O.B.C.) , MUNICIPAL SPECIFIC BY-LAWS WHERE THE WORK ISBEING CONDUCTED, AND ALL OTHER REGULATORY BODIES HAVINGJURISDICTION.3.READ ARCHITECTURAL DRAWING NOTES AND DIMENSIONS INCONJUNCTION WITH STRUCTURAL, MECHANICAL, ELECTRICAL,PLUMBING, SITE SERVICES, SITE PLANS, SHOP DRAWINGS,STANDARD ABBREVIATIONS, MOUNTING HEIGHTS AND PROJECTSPECIFICATIONS AND CONTRACT DOCUMENTS. DRAWINGS ARE TOBE READ, NOT SCALED.4.REFER TO PLANS, ELEVATIONS, SECTIONS, WALL TYPES ANDDETAILS FOR TYPICAL CONSTRUCTION DETAILS AND NOTES(UNLESS NOTED OTHERWISE).5.ALL MATERIALS SHALL BE NEW AND ALL WORK SHALL BE OF THEHIGHEST QUALITY FOR THE TRADE INVOLVED.6.CONTRACTOR TO REVIEW AND VERIFY ALL CONSTRUCTIONDOCUMENTS AND REPORT ANY DISCREPANCIES TO THE ARCHITECTPRIOR TO COMMENCING WORK. EXTRAS WILL NOT BE GRANTED FORFAILURE TO REVIEW, VERIFY AND COORDINATE.7.THE ARCHITECT ASSUMES THE GENERAL CONTRACTOR HASINCLUDED THE HIGHEST QUALITY AND GREATEST QUANTITY FORTHE PURPOSE OF RESOLVING ANY CONFLICTS IN THECONSTRUCTION DOCUMENTS WHICH ARE IMPLIED OR UNDEFINED.EXTRAS WILL NOT BE GRANTED FOR FAILING TO IDENTIFY ANDQUESTION ANYTHING CONFLICTING OR UNCLEAR.8.REFER TO MECHANICAL, ELECTRICAL, STRUCTURAL, CIVIL, ANDPLUMBING DRAWINGS FOR ADDITIONAL NOTES, DETAILS ANDINFORMATION.9.IT IS THE GENERAL CONTRACTOR'S RESPONSIBILITY TOCOORDINATE, LOCATE AND CONFIRM ALL SINK, UNDERGROUND /OVERHEAD PLUMBING AND ELECTRICAL STUB-UPS.10.VERIFY LOCATIONS OF ALL ROOF AND WALL PENETRATIONS WITHSTRUCTURAL, PLUMBING, MECHANICAL, AND ARCHITECTURALDRAWINGS.11.LOCATION OF EXHAUST FANS AND VENTS TO BE VERIFIED WITHTHE MECHANICAL/ELECTRICAL ENGINEERS PRIOR TOINSTALLATION. PROVIDE ALL REQUIRED MOUNTING HARDWARE ANDACCESSORIES REQUIRED FOR A COMPLETE INSTALLATION..12.ALL FINISHES AND FINISH MATERIALS, COLOURS OR TEXTURESSHALL BE VERIFIED WITH ARCHITECT PRIOR TO INSTALLATION,FABRICATION OR ORDERING.13.BARRIER-FREE WASHROOM STALLS AND ACCESSORIES TO BEINSTALLED IN ACCORDANCE WITH THE CURRENT EDITION OF THEONTARIO BUILDING CODE.14.SUPPLY AND INSTALL MIRRORS, TOILET TISSUE DISPENSERS, GRABBARS AND OTHER ITEMS AS INDICATED OR SHOWN ON PLANS.REFER TO THE WASHROOM ACCESSORIES LEGEND, ACCESSIBILITYNOTES AND STANDARD MOUNTING HEIGHTS PROVIDED IN THIS SETOF DRAWINGS.15.PROVIDE ALL REQUIRED SUPPORT BEHIND FIXTURES, PARTITIONS,ACCESSORIES AND OTHER WALL MOUNTED FURNITURE, EQUIPMENTOR CASEWORK. VERIFY EXISTING WALL CONSTRUCTIONS RECEIVINGNEW FIXTURES, PARTITIONS, ACCESSORIES AND OTHER WALLMOUNTED FURNITURE, EQUIPMENT OR CASEWORK HAVE ADEQUATESUPPORT , AND UPGRADE AS NEEDED.16.REFER TO PROJECT SPECIFICATIONS FOR MANUFACTURE ANDMODELS OF ALL WASHROOM FIXTURES AND ACCESSORIES.17.FLOOR MOUNTED, OVERHEAD BRACED TOILET PARTITIONS TO BEPROVIDED. OVERHEAD BRACING TO RETURN TO WALL AT EACH END.PROVIDE INTERMEDIATE BRACING ON LONG RUNS.18.MILLWORK ELEVATIONS ARE SCHEMATIC FOR LAYOUT PURPOSESONLY. REFER TO APPROVED MILLWORK SHOP DRAWINGS FORMATERIALS AND SPECIFICATIONS.19.ALL WALLS BEHIND MILLWORK SHALL HAVE FINAL FINISH PRIOR TOINSTALLATION. ALL FLOORING FINISH MATERIAL SHALL BEINSTALLED PRIOR TO MILLWORK INSTALLATION.20.REFER TO ROOM FINISH PLANS AND SCHEDULES FOR ALL ROOMFINISHES.21.GENERAL CONTRACTOR TO COORDINATE ROUGH-IN OF ELECTRICALWITH MILLWORK SUPPLIER AND COORDINATE ALL ELECTRICAL ANDI.T./DATA OUTLETS WITH ELECTRICAL DRAWINGS. LOCATIONS OFOUTLETS TO BE VERIFIED WITH OWNER TO SUIT LOCATIONS OFOWNER SUPPLIED APPLIANCES AND EQUIPMENT.22.ALL INTERIOR PARTITION DIMENSIONS, FOR NEW WALLS ARE TOFACE OF FINISHED WALL.23.ALL INTERIOR PARTITION DIMENSIONS, FOR EXISTING WALLS ARETO FACE OF EXISTING FINISH. EXISTING DIMENSIONS AREPROVIDED SOLELY FOR THE CONVENIENCE OF THE CONTRACTOR.CONTRACTOR TO SITE CONFIRM ALL DIMENSIONS PRIOR TOCOMMENCING WORK.24.STEEL STUD CONTRACTOR TO SUBMIT SHOP DRAWINGS CERTIFIEDBY A PROFESSIONAL ENGINEER FOR REVIEW PRIOR TOCONSTRUCTION.25.OFFSET WALLS WHERE GYPSUM BOARD THICKNESSES VARY TOENSURE THAT FINISH WALL SURFACES ARE FLUSH WITH EACHOTHER.26.CONTROL JOINTS (C.J.) ARE TO BE PROVIDED AT A MAXIMUM OF25'-0" O.C. FOR GYPSUM BOARD AND CONCRETE BLOCK WALLS.TYPICAL UNLESS NOTED OTHERWISE. REFER TO STRUCTURALDRAWINGS FOR ADDITIONAL INFORMATION.27.GENERAL CONTRACTOR TO CAULK AND SEAL ALL EXPANSION ANDSAWCUT JOINTS AT ALL EXTERIOR/INTERIOR CONCRETE.28.HEAVY DASHED LINES INDICATES FIRE RESISTANCE RATING ORFIRE SEPARATION. TOP OF WALL TO BE COMPLETELY SEALED.REFER TO FIRESTOPPING NOTES PROVIDED IN THIS SET OFDRAWINGS AND PROJECT SPECIFICATIONS.6.PRIOR TO THE START OF DEMOLITION, THE CONTRACTOR SHALLCALL TO THE ATTENTION OF THE ARCHITECT ANY DAMAGE,CRACKS OR OTHER IMPERFECTIONS IN THE WORK ADJACENT TOTHE DEMOLITION AREAS.7.CONTRACTOR TO REMOVE, STORE, AND PROTECT EXISTINGNON-ATTACHED, MOVEABLE CABINETS, AND FURNITURE (TYP).COORDINATE WITH OWNER FOR RELOCATION OR RE-USE. WHERESUCH ITEMS ARE DAMAGED AS A RESULT OF THE OPERATIONS OFTHIS CONTRACT, IT SHALL BE REPAIRED OR REPLACED BY THECONTRACTOR AS REQUIRED AND TO THE SATISFACTION OF THEOWNER.8.COORDINATE WITH MECHANICAL, ELECTRICAL AND STRUCTURALDRAWINGS AND SPECIFICATIONS FOR ADDITIONAL DEMOLITIONREQUIREMENTS.9.THE CONTRACTOR SHALL VERIFY THE EXISTENCE, LOCATION ANDELEVATION OF EXISTING UTILITY LINES IN DEMOLITION AREASBEFORE PROCEEDING WITH THE WORK. ANY INTERFERENCES WITHDEMOLITION WORK SHALL BE REPORTED TO THE ARCHITECT.10.LOCATE, DISCONNECT, REMOVE AND/OR CAP ALL EXISTING UTILITYLINES BY MEANS APPROVED BY THE RESPECTIVE UTILITY COMPANYAND GOVERNING AUTHORITIES. RECORD UTILITY AND CAPLOCATIONS ON CONTRACTORS "AS-BUILT" DOCUMENTS.11.PRIOR TO THE DEMOLITION OF ITEMS WHICH HAVE UTILITYCONNECTIONS (WATER, GAS, ELECTRICITY, STEAM, ETC.) THECONTRACTOR SHALL ARRANGE WITH THE OWNER TO LOCATESHUTOFF VALVES, PANEL BOXES AND OTHER CONTROL ELEMENTSSO THAT DAMAGE AND OTHER POTENTIALLY DANGEROUSSITUATIONS ARE AVOIDED.12.MAINTAIN AT ALL TIMES THE EMERGENCY LIGHTING THROUGHOUTTHE BUILDING DURING DEMOLITION WORK, AS WELL AS,RECONSTRUCTION WORK. PROVIDE ALL NECESSARY TEMPORARYLIGHTING, PARTITIONS, DUST COVERS, DROP CLOTHES, ETC.13.IF REQUIRED CLOSE OFF EXISTING SUPPLY/ RETURN PIPES, DUCTS,ETC. FEEDING EXISTING ROOMS TO PREVENT DUST/DEBRIS ENTRY.14.DEMOLISH INDICATED STRUCTURES IN AN ORDERLY ANDRESPONSIBLE MANNER.15.CONDUCT DEMOLITION TO MINIMIZE INTERFERENCE WITHADJACENT STRUCTURES MAINTAIN TEMPORARY PROTECTEDEGRESS AND ACCESS AT ALL TIMES. PROVIDE, ERECT, ANDMAINTAIN TEMPORARY BARRIERS AND SECURITY DEVICES.16.WHERE EXISTING CONSTRUCTION IS TO BE ALTERED, PROVIDETEMPORARY BRACING AND/OR SHORING AS REQUIRED UNTIL THEWORK IS SAFELY COMPLETED. IF THE STABILITY OF ADJACENTSTRUCTURES APPEARS THREATENED OR IN DOUBT, CEASEOPERATIONS AND NOTIFY ARCHITECT AND OWNER IMMEDIATELY, DONOT RESUME OPERATIONS UNTIL CORRECTIVE MEASURES HAVEBEEN TAKEN.17.CONTRACTOR SHALL PROVIDE ADEQUATE BRACING AND SHORING OFEXISTING MASONRY WALLS BEARING AND NON-BEARING TORECEIVE NEW MASONRY OPENINGS TYP. TOOTH NEW OPENINGSWITH NEW MASONRY AND PATCH EXISTING FINISHES TO REMAIN.ALSO PROVIDE ADEQUATE BRACING/SHORING AT ALL AREAS OFFLOOR/ROOF SLAB CUTTING. PROVIDE ALL SHORING(S),BRACING(S), BARRICADES, ETC. TO ACCOMPLISH ALL THE WORK INAN APPROVED MANNER.18.CUT MEMBERS BY METHODS LEAST LIKELY TO DAMAGE THEMEMBERS TO BE RETAINED AND WORK ADJOINING. EXISTINGCONSTRUCTION NOT UNDERGOING ALTERATION IS TO REMAINUNDISTURBED AND PROTECTED FROM DAMAGE. WHERE SUCHCONSTRUCTION IS DISTURBED AS A RESULT OF THE OPERATIONSOF THIS CONTRACT, IT SHALL BE REPAIRED OR REPLACED BY THECONTRACTOR AS REQUIRED AND TO THE SATISFACTION OF THEOWNER.19.WALLS, CEILINGS, FLOORS ETC. TO REMAIN, ADJACENT TO AREASOF WORK AND ALTERED AS NECESSARY TO COMPLETE THE WORK,ARE TO BE RESTORED, REPAIRED OR REPLACED TO THE EXISTINGCONDITION OR BETTER PRIOR TO THE COMMENCEMENT OF THEWORK.20.PATCH, FILL AND REPAIR ALL SURFACES DISTURBED, CUT,DAMAGED, IN NEED OF REPAIR OR MADE IMPERFECT BYALTERATIONS OR REMOVAL WORK (INCLUDING DAMAGE CAUSED BYOTHER TRADES) AND AS REQUIRED TO PREPARE FOR NEWMATERIALS AND ARRANGEMENTS.21.EXISTING DOORS AND FRAMES INDICATED TO BE REMOVED, INCLUDEREMOVAL OF BLOCKING, SHIMS, BACKER ROD, CAULKING ANDHARDWARE.22.ALL EXISTING WALLS NOTED TO RECEIVE PAINT FINISH ARE TO BESANDED, SCRAPED, PATCHED AS REQUIRED TO CREATE A SMOOTHSURFACE, UNLESS NOTED OTHERWISE, AND MADE READY FORPAINTING REGARDLESS OF THE FINISH, SHEEN OR TEXTURE OF THEEXISTING PAINT.23.ALL FLOORS NOTED TO RECEIVE NEW FLOOR FINISH SHALL BEPATCHED, GROUND SMOOTH, LEVELLED AND MADE READY TORECEIVE NEW FLOOR FINISH.24.PROVIDE TEMPORARY PROTECTION TO PREVENT DAMAGE FROM THEWEATHER OR VANDALISM, AS WELL AS PROTECTION FOR THEGENERAL PUBLIC SO THAT THE OWNERS BUSINESS OPERATIONSARE MINIMALLY DISTURBED. IN ADDITION, PROVIDE PROTECTION OFEXISTING EQUIPMENT DURING EXECUTION OF WORK.25.PROVIDE FIRE WATCH DURING FIELD CUTTING AND WELDINGOPERATIONS. MEETING THE OWNERS REQUIREMENTS. EMPLOYONLY SKILLED TRADESMEN TO PERFORM DEMOLITION WORK. DONOT USE CUTTING TORCHES FOR REMOVAL OF WORK UNTIL WORKAREA IS CLEARED OF FLAMMABLE MATERIALS, CUTTING TORCHESMAY BE USED ONLY WITH THE OWNERS PERMISSION.26.PROTECT ALL EXISTING PORTIONS OF THE EXISTING BUILDING TOREMAIN DURING DEMOLITION/CONSTRUCTION. THE GENERALCONTRACTOR IS RESPONSIBLE FOR ANY/ALL DAMAGES CAUSED BYHIMSELF OR HIS/HER SUB-CONTRACTORS.27.PROTECT ALL NEW DEMOLISHED OPENINGS PRIOR TO INSTALLATIONOF NEW DOORS AND/OR CONSTRUCTION OF MASONRY INFILL, NEWWALLS, PARTITIONS, ETC.28.AT NO TIME SHOULD THE CONTRACTOR ALLOW THE DEMOLITIONWORK OR STORAGE OF DEBRIS TO CAUSE INTERFERENCE WITH ANYREQUIRED MEANS OF EGRESS OR CAUSE A HAZARDOUS CONDITION.29.EXECUTE THE DEMOLITION IN AN ORDERLY AND CAREFUL MANNERWITH THE LEAST POSSIBLE DISTURBANCE TO THE PUBLIC OR THEFUNCTIONING OF THE EXISTING BUILDING. CONDUCT OPERATIONSWITH MINIMUM INTERFERENCE TO PUBLIC OR PRIVATETHOROUGHFARES.30.KEEP CLEAN ALL EXISTING SPACES AND PROPERTIES ADJACENT TODEMOLITION/CONSTRUCTION AREAS. ANY DEBRIS SHALL BEREMOVED FROM WORK AREAS DAILY. KEEP ALL ADJOINING PUBLICAREAS CLEAN DURING WORKING HOURS AND MAKE EVERY EFFORTTO PROVIDE SAFE CONDITIONS FOR THE GENERAL PUBLIC AND THEWORKERS.31.DEMOLISHED MATERIALS, UNLESS OTHERWISE NOTED, SHALLBECOME THE PROPERTY OF THE CONTRACTOR. ACCUMULATION OFRUBBISH, DEMOLISHED MATERIALS ETC. ON SITE SHALL NOT BEPERMITTED. ALL DEMOLITION MATERIAL SHALL BE REMOVED BYTHE CONTRACTOR FROM THE SITE AND DISPOSED OF IN A PROPERAND LEGAL MANNER. THE SELECTION OF THE DUMP SITE ANDDISPOSAL OF MATERIAL IS THE RESPONSIBILITY OF THECONTRACTOR.DEMOLITION NOTES (CONTINUED)3.0.1.All the work of this Division shall comply with the latest edition ofCAN3-A23.1-M77, CAN3-A23.2-M1977.3.0.2.All concrete used shall be ready mixed having a compressive strengthof 20 MPa at 28 days, except as noted. Minimum Portland cementcontent shall be 310 kg/m3.3.0.3.Concrete used for floor slabs on grade shall have a minimumcompressive strength of 25 MPa at 28 days. Minimum Portland cementcontent shall be 350 kg/m3.3.0.4.Air content to be 4 % except for trowelled interior slabs andfootings.3.0.5.Reinforcing steel: billet steel, grade 400, deformed bars to CSAG30.12-M1977 unless indicated otherwise.3.0.6.Cement: normal portland cement to CAN3-A5-M1983.3.0.7.Welded wire mesh where indicated on the drawings shall conform toCSA G30.5-M1983. Sizes shall be as noted on the drawings. Providein flat sheets only.3.0.8.Chairs (for welded steel wire fabric support): shall be Type B, No. 87,5/16" gauge galvanized wire 3\" high as manufactured by Guy GuenetteLtd., St. Laurant, Quebec, (514)336-6344. Approved alternates willbe accepted by Consultant.3.0.9.Surface hardeners for plain floors (exposed in the finished structure):non-metallic type resistant to calcium chloride, oil and greasepenetration, and be one of the following:.1 Sealtight Type R Premixed Floor Hardener by W.R. Meadows.2 Traprock by Sternson Construction Products.3 Maximent HD by Master Builders Technologies.4 Surflex by The Euclid Chemical Company3.0.10.Concrete floor curing and sealing compound: approved clear, acrylicpolymer type, free flowing liquid which will adhere to damp concreteand meets the moisture retention requirements to ASTM C309, Type 1,Class B, and will not affect the bond of finished floor adhesivesand/or joint sealants:.1 Sealtight, Vocomp-20 by W.R. Meadows.2 Flortec by Sternson Construction Products.3 Acryseal by Master Builders Technologies.4 Rez-Seal by The Euclid Chemical Company3.0.11.Sawcut filler: Sealtight Rezi-Weld Flex or Thoroc EP280 asmanufactured by Chamrex.3.0.12.Place fabric reinforcing accurately and secure in position using steelchairs specified and annealed tie wires. Fabric to sit on chairs spacedin a 24" (600mm) grid each way. The fabric reinforcing shall belapped 6" (150mm) minimum and tied securely to the chair.3.0.13.The floor slab shall be poured on a level, well compacted sub-base.The sub-base must not deviate by more than {" (10mm) in either wayfrom the specified profile.3.0.14.Water-cement ratio may under no circumstances exceed 0.55. Theconcrete workability may be improved by the use of plasticizers.3.0.15.Floor slabs shall be placed by a continuous pour the limits of eachroom. Placement of concrete shall be in accordance with goodconstruction practices.3.0.16.Areas that do not meet the required surface accuracy shall berectified as follows at the Contractor's expense:.1 Grind down any areas higher than 1/8 (3mm) above the correctsurface..2 Correct any areas lower than 1/8 (3mm) below the correct surfaceby grinding down the adjacent high areas..3 All grinding shall be carried out by an approved machine of a typeand capacity suitable for the total area of grinding involved untilthe surface meets the specified requirements.3.0.17.All unformed surfaces shall be finished by screeding followed byfloating.All building floor surfaces, unless otherwise specified, after woodfloating, shall be finished with a steel trowel or finishing machine.Trowelling shall be continued until the required finish is obtainedduring which time the temperature shall be maintained at a minimum of10 degrees C. In order to prevent excess fines from working to thesurface, steel trowel finishing shall be delayed until the concretesurface can no longer be dented with the finger. Dry cement orcement and sand shall not be used to blot up excess water.3.0.18.Concrete floor slabs shall have surfaces sealed with one coat ofspecified sealer at a rate of 7.2m2/litre (300 s.f./gal.) Apply inaccordance with manufacturer's written instructions.3.0.19.Concrete floor slabs on grade which will be left exposed in thefinished structure shall have its surface hardened with an applicationof the specified product at a rate of 4.0 kg/m2 (80 lbs/100 s.f.).Apply in strict accordance with the manufacturer's writteninstructions.3.0.20.Cut shrinkage joints as quickly as possible after the concrete hashardened in such a way that the edges of the joints do not crumble.Saw cuts shall be 1/8 (3mm) wide with a depth of 1/3 of slabthickness. Saw cut joints shall be made so that the distance betweenjoints does not exceed 20'-0" (6100mm).3.0.21.Fill all sawcuts exposed in the finished building with sawcut fillerspecified.3.0 CONCRETE2.1.4.EXCAVATIONS FOR FOUNDATIONS SHALL EXTEND A MINIMUM OF ONEFOOT BEYOND THE EDGES OF ALL FOOTINGS, AND SHALL BE LEVELEDOFF AND TAMPED SOLID. TAKE CARE NOT TO EXCAVATE TOO LOW.EXCAVATIONS CARRIED DEEPER THAN SHOWN ON THE DRAWINGSWITHOUT APPROVAL BY THE CONSULTANT, WILL REQUIREBACKFILLING WITH CONCRETE AT NO ADDITIONAL COST TO THEOWNER.2.1.5.DO NOT DISTURB THE BOTTOM OF EXCAVATIONS IN ANY WAY THATMAY ADVERSELY AFFECT THE LOAD BEARING VALUE.2.1.6.THE CONTRACTOR SHALL AT ALL TIMES KEEP ALL EXCAVATIONS ANDTRENCHES DRY AND FREE FROM WATER AT THEIR OWN EXPENSE ANDSHALL BUILD DAMS, WATERCOURSES AND OTHER WORK NECESSARYFOR THIS PURPOSE AND PROVIDE AND KEEP IN OPERATION PUMPS OFSUFFICIENT CAPACITY FOR THIS PURPOSE.2.1.7.PROMPTLY BACKFILL EXCAVATIONS AS THE WORK PROGRESSES, BUTNOT BEFORE STRUCTURAL CONCRETE, MASONRY WALLS, PEDESTALSAND OTHER STRUCTURAL CONCRETE HAVE ATTAINED FULLSTRENGTH. STRUCTURAL WORK MUST BE INSPECTED PRIOR TOBACKFILLING. BACKFILL EVENLY ON BOTH SIDES OF THE FOUNDATIONWALLS TO AVOID UNEQUAL PRESSURE ON WALLS.2.1.8.IN BACKFILLED AREAS AND TRENCHES WHICH WILL BE UNDER FLOORSLABS, SIDEWALKS, ROADWAYS, ETC., THE CONTRACTOR SHALLPROVIDE AND USE MECHANICAL COMPACTING EQUIPMENT, SUIT FORUSE IN CONFINED SPACES AND SHALL PLACE THE BACKFILLMATERIALS MAXIMUM 8" (200MM) DEEP LAYERS, AND COMPACT EACHLAYER TO 95% STANDARD PROCTOR DENSITY. WHEN NECESSARY,APPLY WATER, IN AMOUNTS AS DIRECTED BY CONSULTANT, TO THEBACKFILL MATERIALS TO ACHIEVE THE DESIGNED AMOUNT OFCOMPACTION.2.1.9.ANY SURPLUS MATERIAL FROM CLEARING, STRIPPING, EXCAVATION ORGRADING OPERATIONS NOT REQUIRED ON THE PROJECT SHALL BEREMOVED FROM SITE BY THE CONTRACTOR.2.1.10.REMOVE ANY CONTAMINATED OR DANGEROUS MATERIALSENCOUNTERED DURING EXCAVATION FROM SITE AND DISPOSE OF IN ASAFE MANNER.2.1.11.INTERIOR BACKFILL: TO THE U/S OF GRANULAR 'A' BASE NOTED ONDRAWINGS SHALL BE GRANULAR 'B'.2.1.12.EXTERIOR BACKFILL: UNDER CONCRETE SLABS AND SITESTRUCTURES, TO THE U/S OF GRANULAR 'A' BASE NOTED ONDRAWINGS SHALL BE GRANULAR 'B'.2.1.13.EXTERIOR BACKFILL: UNDER SOD OR LANDSCAPED AREAS, SHALL BESITE MATERIAL, CLEAN AND FREE OF DEBRIS. TOPSOIL IMPORTED BYTHE OWNER TO THE SITE SHALL BE INSTALLED BY THE CONTRACTOR.2.1.14.GRANULAR 'A' MATERIAL, SHALL BE CLEAN, CRUSHED ROCK, FREE OFLUMPS OF CLAY CONFORMING TO OPSS.PROV FORM 1010.2.1.15.GRANULAR 'B' MATERIAL CONFORMING TO OPSS.PROV FORM 1010.2.1.16.CONCRETE BACKFILL: 15 MPA OR AS APPROVED BY CONSULTANT.2.1.17.WATER SERVICE: BEDDING MATERIAL, TYPE 1 COARSE SAND.2.1.18.APPROVED BACKFILL: NATIVE ON SITE MATERIAL.2.0 SITE WORK (CONTINUED)1.THE INTENT OF THESE DOCUMENTS IS TO INCLUDE ALL WORK ANDITEMS NECESSARY FOR THE COMPLETION OF WORK. THE WORKSHALL BE REQUIRED WHETHER OR NOT SHOWN ON THE PLANSAND/OR CONSTRUCTION DOCUMENTS, BUT ARE REASONABLEINFERABLE AS BEING.2.ALL DIMENSIONS ARE TO BE CONFIRMED ON SITE AND ANYDISCREPANCIES REPORTED TO THE ARCHITECT PRIOR TODEMOLITION.3.EXISTING ITEMS ARE PICTORIAL AND MAY NOT BE EXACTLY ASSHOWN ON DRAWINGS. NOT ALL FLOOR , WALL OR CEILINGMOUNTED EQUIPMENT, ACCESSORIES, SIGNAGE ETC. MAY BEINDICATED. ALLOW FOR THE REMOVAL OF ALL EQUIPMENT,ACCESSORIES, SIGNAGE ETC. IN THE AREA OF WORK.4.EXTENT OF BUILDING DEMOLITION IS INDICATED ON THE DRAWINGS.IT IS THE CONTRACTORS RESPONSIBILITY TO DETERMINE ANDCOORDINATE WITH THE OWNER AND TENANT DEMOLITIONPROCEDURES AND SEQUENCE AND TO ENSURE THE STABILITY ANDSAFETY OF THE STRUCTURE AND ITS COMPONENT PARTS.5.BEFORE STARTING WORK, MAKE A THOROUGH EXAMINATION OFTHOSE PORTIONS OF THE STRUCTURE IN WHICH THE WORK IS TOBE PERFORMED. CHECK ALL THE WORK ADJOINING OR ATUNDERLYING LOCATIONS. REPORT TO THE ARCHITECT ANY ANDALL CONDITIONS WHICH MAY INTERFERE WITH OR OTHERWISEEFFECT OR PREVENT THE PROPER EXECUTION AND COMPLETION OFTHE WORK. DO NOT START THE WORK UNTIL SUCH CONDITIONSHAVE BEEN EXAMINED AND A COURSE OF ACTION HAS BEENMUTUALLY AGREED UPON.DEMOLITION NOTES2.1.1.THE CONTRACTOR SHALL LOCATE ALL UTILITIES AND SERVICES PRIORTO ANY EXCAVATIONS. WHEN SUCH SERVICES ARE ENCOUNTEREDDURING EXCAVATION WORK, IMMEDIATELY NOTIFY THE OWNER ANDCONSULTANT. PROTECT, BRACE AND SUPPORT ENCOUNTEREDSERVICES. WHERE REPAIRS TO THESE SERVICES BECOME NECESSARYDUE TO DAMAGE BY THE CONTRACTOR, REPAIR AT NO ADDITIONALCOST TO THE CONTRACT TO THE SATISFACTION OF THE OWNER.2.1.2.THE CONTRACTOR SHALL RESTORE ALL AREAS DISTURBED BY THEIRTRADES OR OWN FORCES WITH MATERIALS TO MATCH EXISTING.2.1.3.DO NOT SELL OR BURY MATERIALS ON SITE.2.0 SITE WORK5.0 METALS5.0.1.Structural steel shall comply with the applicable requirements ofCSA-S16 and CSA-S136.5.0.2.All structural steel shall be CAN/CSA-G.40.21 Grade 300W.5.0.3.Steel angle lintels and other miscellaneous metal items shall receivea shop coat of zinc-rich paint on less than 0.5 mils in thickness, andcontaining not less than 95 % zinc in the dry film.6.0 WOOD & PLASTICS6.0.1.All lumber shall be graded in accordance with NLGA standard gradingrules for Canadian lumber. Framing lumber, blocking, nailers, etc.shall be No. 2 Grade Spruce Pine Fir Group D. Moisture content shallbe 19 % or less.6.0.2.specified herein, or required for proper installation of carpentry andmillwork. Fastenings not shown or specified shall be of a suitablequality, size, strength, finish, and durability to provide adequateperformance and/or appearance as required by their location in thework.6.0.3.Plastic laminate: shall conform to CAN3-A172-M79, Type 1, generalpurpose, 1/16" nominal thickness. All panels shall be balanced with.020" backing sheet. Use urea resin adhesive conforming to CSA0112.5-M1977. Plastic laminate shall have suede finish, colour byOwner.6.0.4.Particle board: unless noted otherwise, shall be particle core board(PCB), 120g thickness as noted on the drawings. Apply plasticlaminate to all exposed edges.6.0.5.Edging: shall be plastic laminate, colour to match face panels, fieldapplied to manufacturer's specifications.6.0.6.Fitment framing: pine, to NLGA (Standard Grading Rules for CanadianLumber, 1987) 115a, No. 1 common.6.0.7.Plywood: spruce, thickness as noted on the drawing.6.0.8.Submit shop drawings sand samples in accordance with Section 01000General Requirements for all millwork items. Indicate details ofconstruction, profiles, jointing, fastening and other related details.Indicate all materials, thicknesses, finishes and hardware.7.0 THERMAL & MOISTURE PROTECTION7.0.1.Exterior caulking: shall be three-part epoxidized polyurethaneterpolymer sealant "Dymeric" as manufactured by TremcoManufacturing Co. (Canada), or approved equal, meeting therequirements of CGSB CAN 2-19.24-M80. Colours to be selected bythe Owner.7.0.2.Interior caulking: (with the exception of expansion joints andperimeters of washroom fixtures) shall be non-staining one partacrylic terpolymer sealant "Mono 555" as manufactured by TremcoManufacturing Co. (Canada), or approved equal, meeting therequirements of CGSB 19-GP-5M.7.0.3.Caulking for perimeter of washroom fixtures: silicone containingsuitable fungicide such as "Tremsil 600", or approved equal.7.0.4.Caulk around all door frames both sides, all control joints, alljoints between metal and masonry surfaces, around plumbing fixturesand other locations shown on the drawings.7.0.5.Vapour barrier used with friction fit insulation shall be standardcommercial quality polyethylene film at least 6 mils in thicknessconforming with all test requirements to ASTM D697, D882 and D1004.7.0.6.Closures: .1 Metal: fabricated from the same material, gauge andcolour AS EXISTING.7.0.7.Exterior fasteners: self-tapping nylon, hex-headed sheet metalscrews. Nylon head shall be in a matching colour to blend withexterior steel and shall have a sealing washer flange as an integralpart of the head to form a watertight seal.8.0 DOORS & WINDOWS8.0.1.Hollow metal frames shall be 16 ga. minimum zinc coating of 0.90oz/ft2 G-90 glavanized. Each frame shall be provided with 3 singlestud door silencers.8.0.2.Frames to be welded seam type and shall have heavy reinforcement atcorners, hinge, strike and closer locations, and shall be prepared forinstallation of templated hardware and rubber door silencers. Allstrike, hinge and closer reinforcing shall be protected on all sideswith metal guard boxes. Frame depths to suit wall thickness.8.0.3.Hollow steel doors shall be as follows:.1 Exterior: 16 ga., minimum zinc coating of 0.90 oz/ft2, G-90galvanized.8.0.4.Doors shall be constructed of steel sheets welded to 16 gaugevertical steel stiffeners. Vertical door seams shall be interlockedand fully welded. All doors shall have the top and bottom edgesclosed with a continuous channel. Door shall be reinforced at hinge,lock and closer locations. Fit all exterior doors with top weathercap.8.0.6.Submit shop drawings for doors, frames, screens, windows in accordancewith Section 1000 General Requirements prior to fabrication.8.0.7.Door hardware:.1Hardware selection by owner. An approved hardware list will beprepared and separately bid under the direction of the Consultantafter award of the contract. The general contractor shall assumefull responsibility for the sub-contract when awarded..2The Contractor shall include in the contract price the cost ofall labour, materials, overhead and profit applicable to theinstallation of all finishing hardware..3All unspent portions of the allowance shall be credited to theOwner..4Submit shop drawings for doors and frames in accordance withSection 01000 General Requirements. Indicate each type of door andframe, material, steel core thicknesses, mortises, reinforcements,location of exposed fasteners, openings, glazing, louvres, arrangementof hardware and fire rating. Include schedule identifying each unitwith door marks and numbers relating to numbering on drawings and inthe door schedule.9.0 FINISHES9.0.1.Proceed with painting only when surfaces and conditions aresatisfactory for production of a first class job. commencement of work shallimply acceptance of conditions.9.0.2.Finishes and specified number of painting coats are intended to coverthe surface completely. If they do not, apply additional coats until completecoverage is achieved.9.0.3.The Owner will provide a Colour Finish Schedule prior to field painting.9.0.4.All exposed metal (ferrous), steel doors and frames shall receive onecoat zinc chromate primer and two coats exterior alkyd enamel.9.0.5.All interior concrete block walls shall receive one coat block fillerand two coats interior acrylic latex, semi gloss finish.9.0.6.All interior gypsum board walls shall receive one coat primer and twocoats interior acrylic latex, eggshell finish.
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Washroom Upgrade Addenda # 02 Page 1
ADDENDUM NO. 02
OWNER: The Corporation of the Municipality of Bayham
56169 Heritage Line
Straffordville ON N0J 1Y0
DATE: September 26, 2024
PROJECT: Washroom Upgrade
Port Burwell Marine Museum
18 Pitt Street, Port Burwell ON
JOB NUMBER: 223231
_______________________________________________________
This Addendum forms part of the contract documents and is to be read, interpreted, and co-ordinated with
all other parts.
The cost of all contained herein is to be included in the contract sum. The following revisions supersede the
information contained in the original drawings and specifications issued for the above-named project to the
extent referenced and shall become part thereof. Acknowledge receipt of this Addendum by inserting its
number and date on the Tender Form.
Failure to do so may subject the Bidder to disqualification.
Description:
ITEM REFERENCE QUESTION
1 What type of flooring is to be installed?
Spriet Response No flooring is to be installed.
2 Can the requirement for bonding be deleted?
Spriet Response Bonding is not required for bids under $500 000.00 (five hundred
thousand dollars).
If the successful contractor is awarded the project and their bid is less
than $500 000.00, a cerƟfied cheque for 10% of the contract value
including all applicable taxes will be required as Contract Security. The
security value will be returned upon substanƟal compleƟon of the
project.
An addiƟonal cerƟfied cheque for 3% of the contract value including
all applicable taxes will be required as warranty and will be held for a
period of one year. Upon compleƟon of the project, any part of this
warranty holdback may be used to correct defects that may develop
within that Ɵme frame. The Contractor shall be given noƟce of any
warranty items that arise, and they may promptly make good such
defects prior to the 3% warranty being used. Any unused porƟon of
the warranty holdback will be returned to the Contractor one year
from the date of SubstanƟal CompleƟon.
Bonding is required for bids over $500 000.00.
Washroom Upgrade Addenda # 02 Page 2
3 All quesƟons must be submiƩed by noon (12:00 pm) on September
30. Any quesƟons received aŌer that date/Ɵme will remain
unanswered.
- END OF ADDENDUM NO. 2 -
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z792-2024
MUNICIPALITY OF BAYHAM
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 ‘H’ (Vienna) by changing the zoning symbol on the lands from ‘Institutional (I)’ Zone to ‘Village Residential 1 (R1)’ Zone, which lands are outlined in heavy solid lines
and marked “R1” on Schedule ‘H’ (Vienna) to this By-law, which schedule is attached to and forms part of this By-law.
2) 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.
c) Where Official Plan Amendment No.38 comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended.
READ A FIRST TIME AND SECOND TIME THIS 17TH DAY OF OCTOBER 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF OCTOBER 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-065 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD OCTOBER 17, 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 Special Council meeting held October 17, 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 17th DAY OF OCTOBER, 2024. ____________________________ _____________________________ MAYOR CLERK