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HomeMy WebLinkAboutNovember 06, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Wednesday, November 6, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 2 Applications
8:00 p.m. Court of Revision – North Street Drain
The November 6, 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 17, 2024
B. Drainage Public Meeting held October 17, 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
Council Agenda November 6, 2024
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12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Proposed Minor Variance A-18/24 10000381098 Ontario Inc.
(Wall) 9 Oak Street
B. Notice of Public Meeting re Proposed Minor Variance A-19/24 10000381098 Ontario Inc.
(Wall) 11 Oak Street
C. Notice of Public Meeting re Proposed Minor Variance A-20/24 Rempel Friesen 56226
Heritage Line
D. Notice of Public Meeting re Proposed Minor Variance A-21/24 Schmitt 54180 Eden Line
E. Notice of Public Meeting re Proposed Minor Variance A-22/24 Gurd 43 Pitt Street
F. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-20/24 Bonney &
Cadman 13540 Bayham Drive
G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-25/24 Pettigrew
6423 Plank Road
H. Notice of Adoption re OPA 38 Municipality of Bayham
I. Notice of Passing re Zoning By-law Amendment ZBA-24/24 Municipality of Bayham
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-83/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-20/24 Bonney & Cadman 13540 Bayham Drive
B. Report DS-84/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-25/24 Pettigrew
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Whitewater Region re OPP Notice of Motion for Funding Support
B. Municipality of St. Charles re Green Roads Pilot Program
C. Municipality of St. Charles re Asset Retirement Obligations
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CAO-48/24 by Thomas Thayer, CAO re Updated Beach Risk Assessment
Council Agenda November 6, 2024
3
B. Report CAO-49/24 by Thomas Thayer, CAO re Municipal Access Agreements – Xplore
Inc. and Xplore Fibre LP
14. BY-LAWS
A. By-law No. Z793-2024 Being a by-law to amend By-law No. Z456-2003, as
amended – Pettigrew
B. By-law No. Z794-2024 Being a by-law to amend By-law No. Z456-2003, as
amended – Bonney & Cadman
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
A. Draft Minutes of the Waterfront Advisory Committee Meeting held October 21, 2024
B. Draft Minutes of the Museum Advisory Committee Meeting held October 23, 2024
16.1 In Camera
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-066 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 17, 2024
7:00 p.m.
8:00 p.m. Public Drainage Meeting – North Street Drain
The October 17, 2024 Council Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON
ABSENT: SUSAN CHILCOTT
DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER *via Zoom
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
MANAGER OF PUBLIC WORKS / DRAINAGE
SUPERINTENDENT STEVE ADAMS
TREASURER LORNE JAMES * via Zoom
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
12.2. E Report DS-77/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Consent Application E5-23 Underhill Farms Ltd. 55032 Vienna Line
4. ANNOUNCEMENTS
Deputy Mayor Weisler noted that the Mayor and herself attended the Open Houses at the Fire
Hall during Fire Prevention Week and was happy to see lots of kids in attendance.
Mayor Ketchabaw announced that there will be a Masonic Breakfast in Vienna on Sunday,
October 20, 2024 from 8 am to 1 pm.
Meagan Elliott, Clerk reminded residents that the next Regular Council meeting has been moved
to Wednesday, November 6, 2024.
Council Minutes October 17, 2024
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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
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the minutes of the Regular Meeting of Council held October 3, 2024 and the
minutes of the Statutory Planning Meeting held October 3, 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
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
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report PS-13/24 re Tender Results – Capital Item No. FA-07 – Marine Museum
Accessibility Upgrades be received for information;
AND THAT Council accept the Tender submitted by PK Construction for the Marine
Museum Accessibility Upgrades in the amount of $94,200+HST;
Council Minutes October 17, 2024
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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;
AND THAT the appropriate by-law be brought forward for Council’s consideration.
CARRIED
B. Report PS-14/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
2024-2025 Winter Operations Plan – Level of Service
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report PS-14/24 re 2024-2025 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 and associated
mapping.
CARRIED
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
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT item 12.1.1 A be received for information.
CARRIED
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
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report DR-11/24 re 2024 3rd Quarter Drainage Report be received for information.
CARRIED
Council Minutes October 17, 2024
4
B. Report DS-74/24 by Scott Sutherland, Chief Building Official re 2024 3rd Quarter Building
Report
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Staff Report DS-74/24 re 3rd Quarter Building Report be received for information.
CARRIED
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
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
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;
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.
CARRIED
Council Minutes October 17, 2024
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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
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
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.
CARRIED
The Council Meeting recessed at 7:58 pm to host a Public Drainage Meeting.
The Council Meeting resumed at 8:11 pm.
E. Report DS-77/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E5-23 Underhill Farms Ltd.
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report DS-77/24 regarding the Consent Application E5-23 Underhill Farms Ltd. be
received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E5-23 be granted subject to the following conditions and
considerations:
1. The owner obtain approval of a Zoning By-law Amendment for the proposed
severed parcel to be changed from an Agricultural (A1) Zone to Rural Residential
(RR) Zone and the retained parcel to be changed from an Agricultural (A1-A) Zone
to a Special Agricultural (A2) Zone to prohibit new dwellings.
2. That the owner removes the concrete pad encroaching on the severed parcel.
3. That the owner provides the Planning Report fee payable to the Municipality upon
the consent receiving conditional approval.
4. That the owner provides a digital copy of the final survey of the subject lands to the
Municipality
5. That the owner purchases a civic number sign for the retained parcel from the
Municipality
CARRIED
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
Council Minutes October 17, 2024
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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
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT items 13.1.1 A – G be received for information;
AND THAT the Municipality of Bayham supports items A & B.
CARRIED
13.1.2 Requiring Action
A. Good Roads re Establishment of an Ontario Rural Road Safety Program
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
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
Council Minutes October 17, 2024
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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.
CARRIED
B. Ontario’s Big City Mayors re Solve the Crisis Campaign
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the correspondence from Ontario’s Big City Mayors re Solve the Crisis Campaign
be received for information.
CARRIED
13.2 Reports to Council
A. Report TR-13/24 by Lorne James, Treasurer re 2024 Q3 Variance Report
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report TR-13/24 re 2024 Q3 Variance Report be received for information;
AND THAT staff be directed to present a 2025 Budget with a target of a 6% increase.
CARRIED
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
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
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;
AND THAT Council acknowledges that there were no public comments received during
the comment period on this file;
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;
AND THAT staff be directed to present housekeeping amendments to redesignate the
Council Minutes October 17, 2024
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remaining lands to Open Space.
CARRIED
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
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
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;
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.
CARRIED
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
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT By-law No. 2024-061 be voted on separately.
CARRIED
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
Council Minutes October 17, 2024
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THAT By-law Nos. 2024-063, 2024-064 and Z792-2024 be read a first, second and third
time and finally passed.
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT By-law No. 2024-061 be read a first, second and third time and finally passed.
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT By-law No. 2024-062 be read a first and second time.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the Council do now rise to enter into an “In Camera” Session at 9:08 p.m. to
discuss:
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)
CARRIED
16.2 Out of Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the Council do now rise from the “In Camera” Session at 9:57 p.m. and report on
Confidential Item re Labour relations, employee negotiations (Compensation), Confidential
Item re Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose (Procurement) and Confidential Item re Personal matters
Council Minutes October 17, 2024
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about an identifiable individual; labour relations, employee negotiations (Human
Resources).
CARRIED
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Confidential Item re Labour relations, employee negotiations (Compensation) be
received for information;
AND THAT staff proceed as directed.
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Confidential Item re Advice that is subject to solicitor-client privilege, including
communications necessary for that purpose (Procurement) be received for information.
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Confidential Item re Personal matters about an identifiable individual; labour
relations, employee negotiations (Human Resources) be received for information.
CARRIED
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
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Confirming By-law No. 2024-065 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the Council meeting be adjourned at 9:59 p.m.
CARRIED
Council Minutes October 17, 2024
11
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
DRAINAGE PUBLIC MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers - HYBRID
Thursday, October 17, 2024
8:00 p.m. – North Street Drain
The October 17, 2024 Drainage Meeting was held using hybrid technologies via Zoom
and livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON
ABSENT: SUSAN CHILCOTT
DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
MANAGER OF PUBLIC WORKS / DRAINAGE
SUPERINTENDENT STEVE ADAMS
ENGINEER: JOHN SPRIET
SIGNED IN ATTENDEES: PETER PENNER
1. CALL TO ORDER
Mayor Ketchabaw called the public meeting to order at 8:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. PURPOSE OF THE MEETING
A. North Street Drain Public Notice
Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public
meeting is to consider Engineer’s Report #224032 regarding the proposed works on the
North Street Drain serving parts of Lots 14 and 15, Concession 3 in the Municipality of
Bayham.
4. STAFF PRESENTATION
A. Report DR-12/24 by Steve Adams, Manager of Public Works/Drainage Superintendent
re North Street Drain Consideration Report
Steve Adams, Manager of Public Works/Drainage Superintendent provided an overview of the
meeting process.
5. ENGINEERS REMARKS
John Spriet summarized the details of report #224032 noting that the final works will allow for a
legal outlet of the surrounding lands that are planned to be developed.
6. PUBLIC PARTICIPATION
Peter Penner commented on the proposed drainage works to align with the future development
needs.
7. CORRESPONDENCE
No correspondence received.
8. DISPOSITION
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report DR-12/24 re North Street Drain Consideration Report be received for information;
AND THAT, in accordance with Sections 44 to 46 of the Drainage Act, the Council of The
Corporation of the Municipality of Bayham hereby adopts Spriet Associates Report No. 224032,
dated September 20, 2024, referred to as the “North Street Drain” report;
ANDTHAT Provisional By-law No. 2024-062 be given first and second reading;
AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the
time and place of the first sitting of the Court of Revision to the affected parties pursuant to
Section 46(2) of the Drainage Act;
AND THAT a date of November 6, 2024 at 8:00 p.m. be set for the first sitting of the Court of
Revision.
CARRIED
9. ADJOURNMENT
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT pursuant to the Drainage Act requirements, the Public Meeting is now complete at 8:10
p.m.
CARRIED
MAYOR CLERK
A-18/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: 1000381098 ONTARIO INC. (C/O ISSAK WALL) LOCATION: 9 OAK STREET, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-18/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 2024, at 6:30 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of The Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from Section 4.34.1 to permit a driveway that occupies a maximum of 54.0% of the front yard, whereas 50.0% is required. The increased driveway width is intended to accommodate the off-street parking requirement for the existing
semi-detached dwelling and future interior Additional Residential Unit. The subject lands are located at 9 Oak Street, west side, south of Fulton Street in the Village of Vienna. THE EFFECT of this variance will be to accommodate a larger driveway to the existing semi-detached dwelling (with a one ‘future’ interior Additional Residential Unit) that exceeds the maximum front yard coverage requirement. ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on October 30th, 2024 to be included in the Committee of Adjustment agenda. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. Dated at the Municipality of Bayham this 24th day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Vienna
A-19/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: 1000381098 ONTARIO INC. (C/O ISSAK WALL) LOCATION: 11 OAK STREET, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-19/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 2024, at 6:30 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of The Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from Section 4.34.1 to permit a driveway that occupies a maximum of 54.0% of the front yard, whereas 50.0% is required. The increased driveway width is intended to accommodate the off-street parking requirement for the existing
semi-detached dwelling and future interior Additional Residential Unit. The subject lands are located at 11 Oak Street, west side, south of Fulton Street in the Village of Vienna. THE EFFECT of this variance will be to accommodate a larger driveway to the existing semi-detached dwelling (with a one ‘future’ interior Additional Residential Unit) that exceeds the maximum front yard coverage requirement. ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on October 30th, 2024 to be included in the Committee of Adjustment agenda. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. Dated at the Municipality of Bayham this 24th day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Vienna
A-20/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: RONNIE REMPEL FRIESEN LOCATION: 56226 HERITAGE LINE, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-20/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 2024, at 6:30 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of The Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the development of a new semi-detached dwelling (with one interior Additional Residential Unit) on the subject lands identified as 56226 Heritage Line, north side, west of Duke Street in the
Village of Straffordville: 1) Section 4.34.1 to permit a Maximum Driveway Width of 14.0 metres (7.0 metres per semi-detached dwelling), whereas 9.0 metres is the maximum requirement, and occupy 68.5% of the front yard, whereas 50.0% is the maximum requirement. The increased driveway width and coverage is intended to accommodate the off-street parking requirement for the proposed semi-detached dwelling and future interior Additional Residential Unit. 2) Section 10.3 to permit a Minimum Lot Area of 831.0 m2, whereas 900.0 m2 is the minimum requirement for partially serviced lots in the Village of Straffordville. 3) Section 10.5 to permit a Maximum Building Height of 8.05 metres, whereas 7.0 metres is the maximum requirement. THE EFFECT of this variance will be to permit an increased Maximum driveway width and front yard coverage, reduced Minimum Lot Area, and increased Maximum Height to accommodate a
new semi-detached dwelling (with one interior Additional Residential Unit) on the vacant subject lands. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on October 30th, 2024, to be included in the Committee of
Adjustment agenda. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office. Dated at the Municipality of Bayham this 24th day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Straffordville
A-21/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: HENRY AND KATHRINA SCHMITT LOCATION: 54180 EDEN LINE, NORTH HALL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-21/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 2024, at 6:30 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of The Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the development of a new detached garage/shop in the rear yard on the subject lands located at 54180 Eden Line, north side, west of Culloden Road in the Hamlet of North Hall:
1) Section 4.2.b) to permit a Minimum Side Yard Depth of 2.4 metres, whereas 4.5 metres is the minimum requirement from the exterior side lot line in the HR Zone. 2) Section 4.21 to permit a private garage on a corner lot that is closer than 6.0 metres from the street line. THE EFFECT of this variance is to permit a reduced Minimum Side Yard Depth and distance from
the street line for the development a new detached garage/shop in the rear yard of the subject lands. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on October 30th, 2024, to be included in the Committee of Adjustment agenda.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office. Dated at the Municipality of Bayham this 24th day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Hamlet of North Hall
A-22/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: DAVID GURD LOCATION: 43 PITT STREET, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-22/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 2024, at 6:30 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of The Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from Section 10.6 in the Zoning By-law to permit a Maximum Building Coverage of 32.5%, whereas 30% is the required maximum in the R1 Zone. The subject lands are located at 43 Pitt Street, north side, east of Victoria Street in the Village of
Port Burwell. THE EFFECT of this variance will be to accommodate an enclosed front yard porch for a new single-detached dwelling currently under construction on the subject property that exceeds the maximum permitted building coverage. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on October 30th, 2024, to be included in the Committee of Adjustment agenda. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a
written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office. Dated at the Municipality of Bayham this 24th day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Port Burwell
ZBA-20/24
NOTICE OF A SECOND PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM APPLICANT: BRYAN BONNEY AND DANA CADMAN LOCATION: 13540 BAYHAM DRIVE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-20/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a second public meeting on November 6th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. Public
Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’ Zone to a
‘Site-Specific Agricultural (A1-XX)’ Zone to facilitate the development of a detached accessory building (pool house) containing an Additional Residential Unit (ARU), seeking relief from the following provisions:
• Section 4.2.f).ii) to permit an accessory building with a Maximum Floor Area of 385.4 m2 (4,148.0 ft2), whereas 200.0 m2 (2,152.8 ft2) is the maximum requirement on A1 Zoned lots measuring 0.4 hectares or more.
• Section 4.59.e) to permit an Additional Residential Unit with a Maximum Gross Floor Area that is 57.1% (144.4 m2 or 1,553.9 ft2 in size) of the primary dwelling unit (253.1 m2 or 2,724.0 ft2 in size), whereas
40% (101.2 m2 or 1,089.7 ft2) is the maximum requirement.
The subject property is known as 13540 Bayham Drive, east side, and south of Talbot Line (Highway 3).
THE EFFECT of this By-law is to facilitate the development of an oversized detached accessory building (pool
house) that exceeds the maximum permitted floor area, as well as an oversized ARU that exceeds the maximum permitted gross floor area requirement.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments are to be submitted on or before 12:00 Noon on Wednesday, October 30, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written
submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 18th day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-25/24
NOTICE OF INTENT TO PASS AN
AMENDING BY-LAW TO REMOVE A
HOLDING SYMBOL
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: RANDALL AND DEBORAH PETTIGREW. LOCATION: 6423 PLANK ROAD, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Zoning By-law Amendment for the Removal of a Holding Provision (ZBA-25/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169
Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 and 36 of The Planning Act. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel
AND TAKE NOTICE that only the applicant may file an appeal to the Ontario Land Tribunal should Council refuse to remove the Holding Provision, or where Council fails to make a decision within 90 days after the application was submitted.
THE PURPOSE of the By-law is to facilitate the removal of the ‘h2’ Holding Provision on the lands
located at 6423 Plank Road, west side and south of Old Mill Line in the Village of Vienna, as part
of the clearing of Consent Conditions for Elgin Land Division Committee file number E53-23 that
was Conditionally Approved on August 23rd, 2023. The subject property, specifically the proposed
Severed Lot, is to be zoned from the ‘Holding Village Residential 1 (R1(h2))’ Zone to ‘Village
Residential 1 (R1)’ Zone in the Municipality of Bayham Zoning By-law Z456-2003.
THE EFFECT of this By-law will be to satisfy the Conditions of Approval for Elgin Land Division
Committee file number E53-23 that was Conditionally Approved on August 23rd, 2023.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the
Municipal Office.
DATED at the Municipality of Bayham this 18th day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Vienna
OPA-03/24
PLANNING ACT NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 38 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: MUNICIPALITY OF BAYHAM PART SNOW STREET ROAD ALLOWANCE, VIENNA TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed
By-Law No. 2024-063 on the 17th day of October 2024 in accordance with Section 17 of
The Planning Act.
THE PURPOSE of this 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 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.
THE EFFECT of this Official Plan Amendment is to facilitate the creation of a new
residential lot.
THE COMPLETE By-law 2024-063 and Official Plan Amendment No. 38 is available for
review on the Bayham Municipal website: www.bayham.on.ca or by contacting the
Municipal office (contact information below).
ANY PERSON or public body is entitled to receive notice of the decision of the approval
authority if a written request to be notified of the decision is made to the approval authority,
namely the County of Elgin, County Administration Building, 450 Sunset Drive, St.
Thomas, Ontario, N5V 5R1 Attention: Director of Planning and Development.
The Official Plan Amendment is not exempt from approval under subsection 17(9) or (10)
of The Planning Act.
DATED at the Municipality of Bayham this 22nd day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Vienna
ZBA-24/24
PLANNING ACT NOTICE OF THE PASSING OF A ZONING BY-LAW Z792-2024
BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: MUNICIPALITY OF BAYHAM PART SNOW STREET ROAD ALLOWANCE, VIENNA TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z792-2024 on the 17th 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 11th
day of November 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 Zoning By-law Amendment is to 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.
THE EFFECT of this Zoning By-law Amendment is to facilitate the creation of a new residential lot. By-law No. Z792-2024 will not come into effect until Official Plan Amendment No. 38 to the Bayham Official Plan is approved by the County of Elgin.
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 22nd 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 P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0
T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca
W: www.bayham.on.ca
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: November 6, 2024
REPORT: DS-83/24 FILE NO. C-07 / D13.BONN
Roll # 3401-000-006-17100 SUBJECT: Rezoning Application ZBA-20/24 Bonney and Cadman
13540 Bayham Drive
Draft Zoning By-law No. Z794-2024
BACKGROUND
Appointed Agent Claudius Dalm, on behalf of owners Dana Cadman and Bryan Bonney, has
submitted a rezoning application for their property at 13540 Bayham Drive, east side, south of
Talbot Line (Provincial Highway 3).
The lands are currently designated as ‘Agriculture’ and ‘Natural Heritage’ in Schedule ‘A1’: Land
Use of the Municipality of Bayham Official Plan. The rear portion of the lands are designated
‘Hazard Lands’ and ‘Significant A.N.S.I’ in Schedule ‘A2’: Constraints in the Bayham Official
Plan. The proposed accessory building is located outside of the designated natural heritage
features. The lands are currently zoned ‘Agricultural (A1)’ and the ‘LPRCA Regulation Limit’ in
Schedule ‘A1’, Map No. 3 in Zoning By-law No. Z456-2003.
The purpose of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’
Zone to a ‘Site-Specific Agricultural (A1-49)’ Zone to permit the development of a detached
accessory building (pool house) containing an Additional Residential Unit (ARU), seeking relief
from the following provisions:
Section 4.2.f).ii) to permit an accessory building with a Maximum Floor Area of 385.4 m2
(4,148.0 ft2), whereas 200.0 m2 (2,152.8 ft2) is the maximum requirement on A1-Zoned
lots measuring 0.4 hectares or more.
Section 4.59.e) to permit an Additional Residential Unit with a Maximum Gross Floor
Area that is 57.1 percent (144.4 m2 or 1,553.9 ft2 in size) of the primary dwelling unit
(253.1 m2 or 2,724.0 ft2 in size), whereas 40 percent (101.2 m2 or 1,089.7 ft2) is the
maximum requirement.
The effect of this By-law is to facilitate the development an oversized detached accessory building
(pool house) that exceeds the maximum permitted floor area, as well as an oversized ARU that
Staff Report DS-83/24 Bonney Cadman 2
exceeds the maximum permitted gross floor area requirement.
A public meeting was held on August 15, 2024 with no attendees and no oral or written public
submissions.
DISCUSSION
Following the public meeting staff advised the applicants that the Long Point Region
Conservation Authority (LPRCA) needed to be consulted. Their comments were required as part
of the review before municipal staff could move the application forward. Staff could support in-
principle to establish the use, however, until Section 3.1 of the Provincial Policy Statement
(PPS) was addressed by the LPRCA, staff could not support the application to move it forward.
With the recent passing of Housekeeping Zoning By-law No. Z789-2024, approved by Council
on September 5, 2024, Section 4.59 of the Zoning By-law regarding ARUs was modified and the
modifications warranted the need for a second public meeting notifying of the revised sections
to be amended by this application. The second public meeting is to be held on November 6,
2024 – the same evening as the consideration of this Report.
The attached planner’s memorandum, dated October 29, 2024, provides a full analysis of the
application against the Bayham Official Plan and Zoning By-law.
Staff and planner concur the rezoning application meets the policies and recommend approval
to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-specific Agricultural (A1-
49)’ Zone to permit the development of a detached accessory building (pool house) containing
an ARU, seeking relief from the sections noted in the background section of this report.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS:
1. Rezoning Application ZBA-20/24 Bonney Cadman
2. Arcadis Memorandum, dated October 29, 2024
3. Draft Zoning By-law No. Z794-2024
RECOMMENDATION
THAT Report DS-83/24 regarding the Bonney Cadman rezoning application ZBA-20/24
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 meetings held
August 15, 2024 and November 6, 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 Concession 10 & 11 Part Lots 21 and 22 at
13540 Bayham Drive from ‘Agricultural (A1)’ Zone to a ‘Site-specific Agricultural (A1-49)’
Zone to permit the development of a detached accessory building (pool house)
containing an ARU, seeking relief from the following provisions:
Staff Report DS-83/24 Bonney Cadman 3
Section 4.2.f).ii) to permit an accessory building with a Maximum Floor Area of 385.4
m2 (4,148.0 ft2), whereas 200.0 m2 (2,152.8 ft2) is the maximum requirement on A1
Zoned lots measuring 0.4 hectares or more.
Section 4.59.e) to permit an Additional Residential Unit with a Maximum Gross Floor
Area that is 57.1 percent (144.4 m2 or 1,553.9 ft2 in size) of the primary dwelling unit
(253.1 m2 or 2,724.0 ft2 in size), whereas 40 percent (101.2 m2 or 1,089.7 ft2) is the
maximum requirement.
AND THAT Zoning By-law No. Z794-2024 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 0A7 www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date October 29, 2024
From Christian Tsimenidis, BES Project No 3404 - 952
cc
Subject Dana Cadman and Bryan Bonney - Application for Zoning By-
law Amendment ZBA-20/24, 13540 Bayham Drive
Background
1. Arcadis has completed a review of the application for a Zoning By-law Amendment
submitted by Dalm Construction Ltd. (c/o Claudius Dalm) on behalf of Dana
Cadman and Bryan Bonney, owners of the subject property identified as 13540
Bayham Drive, east side, and south of Talbot Line (Highway 3). The applicant is
requesting a Zoning By-law Amendment to rezone the subject property from
‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-49)’ Zone to permit the
development of a detached accessory building (pool house) containing an
Additional Residential Unit (ARU), seeking relief from the following provisions:
• Section 4.2.f).ii) to permit an accessory building with a Maximum Floor
Area of 385.4 m2 (4,148.0 ft2), whereas 200.0 m2 (2,152.8 ft2) is the
maximum requirement on A1 Zoned lots measuring 0.4 hectares or more.
• Section 4.59.e) to permit an Additional Residential Unit with a Maximum
Gross Floor Area that is 57.1% (144.4 m2 or 1,553.9 ft2 in size) of the
primary dwelling unit (253.1 m2 or 2,724.0 ft2 in size), whereas 40% (101.2
m2 or 1,089.7 ft2) is the maximum requirement.
2. The applicant intends to use the proposed accessory building as a pool house for
recreational use, including a gym and yoga studio, to the immediate rear of the
existing single-detached dwelling. Further, the proposed oversized accessory
building will also consist of an oversized ARU that is approximately 144.4 m2
(1,553.9 ft2) in size. It is understood that the owners do not intend to rent out the
ARU space at this time and intend to use the space for housing friends and family
that visit. This may change in the future.
3. The lands are currently designated as ‘Agriculture’ and ‘Natural Heritage’ in
Schedule ‘A1’: Land Use of the Municipality of Bayham Official Plan. The rear
portion of the lands are designated ‘Hazard Lands’ and ‘Significant A.N.S.I’ in
Schedule ‘A2’: Constraints in the Bayham Official Plan. The proposed accessory
ARCADIS MEMORANDUM
Municipality of Bayham – October 29th, 2024
2
building is located outside of the designated natural heritage features. The lands
are currently zoned ‘Agricultural (A1)’ and the ‘LPRCA Regulation Limit’ in
Schedule ‘A1’, Map No. 3 in Zoning By-law No. Z456-2003.
Subject Property and Surrounding Area
4. The subject property can be described as an ‘irregular shaped’ lot that has a lot
area of approximately 25.6 hectares (63.3 acres), estimated lot frontage of 667.5
metres (2,189.9 feet), and a lot depth of approximately 306 metres (1,003.9 feet).
Despite the subject property being designated and zoned for agricultural purposes,
the subject property does not consist of an existing agricultural operation. Given a
significant portion of the subject lands are identified as ‘Hazard Lands’ and
‘Significant A.N.S.I’, there is very little workable acreage for a viable agricultural
operation.
5. The subject property comprises of an existing single-detached dwelling with a floor
area of 410.6 m2 (4,420.5 ft2). An existing detached garage is also located on the
subject property, just south-west of the single-detached dwelling. It is understood
that the existing garage is used for personal storage and vehicles and will remain
unaltered.
6. An existing access along Bayham Drive is currently used to access the subject
property and will continue to be utilized by the owners. A new access is not
proposed, nor required for the proposed accessory building. The subject property
is currently serviced by a private well and private septic system. The proposed ARU
within the oversized accessory building will require private servicing connections,
which will be addressed at the Building Permit Application stage, should Council
approve the Zoning By-law Amendment.
7. The subject property is predominantly surrounded by agricultural uses and natural
heritage features. The proposed accessory building for recreational purposes and
ARU will not have significant impacts to the adjacent land uses. As previously
mentioned, the proposed development is located outside of the natural heritage
system and Long Point Conservation Authority (LPRCA) regulation limit. Further
north along Talbot Line are industrial lands. The subject lands also border Norfolk
County to the immediate east.
Public Comments
8. A statutory Public Meeting was held on August 15th, 2024, and no written or verbal
feedback from the public was received.
Municipality of Bayham Official Plan
9. The subject lands are currently designated as ‘Agriculture’ in Schedule ‘A1’: Land
Use of the Municipality of Bayham Official Plan. As per Section 2.1.1.2 of the Official
ARCADIS MEMORANDUM
Municipality of Bayham – October 29th, 2024
3
Plan, all types, sizes, and intensities of agricultural uses and normal farm practices
will be permitted and encouraged in the ‘Agriculture’ designation. A single-detached
dwelling supported by accessory buildings is also permitted in this land use
designation.
10. Comment: The proposed accessory building will support the existing single-
detached dwelling to remain on the subject property. It is our opinion that proposed
detached accessory building that is 385.4 m2 in size and has a maximum height of
5.36 metres will still maintain the general intent and purpose of the Official Plan,
being that the low-rise nature and built form within the ‘Agricultural’ designation will
be maintained. The overall size and massing of the building will not have significant
impacts to the neighbouring lots based on the location, as well as it’s size relative
to the 25.6 hectares (56.7 acres) of the subject property. The proposed location for
the accessory building is surrounded by trees in all directions, thus mitigating any
concerns of visual impacts from the public realm and adjacent lots.
11. Section 2.1.12 of the Official Plan provides policy direction with respect to Additional
Residential Units in the ‘Agricultural’ land use designation. ARUs are permitted
where a single-detached dwelling exists. Further, ARUs within the ‘Agricultural’ land
use designation shall not be used for seasonal farm labour as intended in the
supplementary farm dwelling policies of the Official Plan.
12. Comment: The applicant is proposing an ARU within a portion of the proposed
oversized accessory building and is considered a permitted use where a single-
detached dwelling is permitted. As per the applicant, the owners do not intend to
rent out the ARU space at this time and intend to use the space for housing friends
and family that visit, however, this may change in the future. Therefore, the
proposed ARU will not be used for housing seasonal farm labourers.
13. Section 4.7.1 of the Official Plan provides additional policy direction with respect to
Additional Residential Units, outlining specific criteria. Up to one (1) additional
residential unit may be permitted within a single detached dwelling or accessory
building on such lots where the lot is on private water and sewer services. Further,
the following criteria must be met:
a) The exterior building or site changes to permit the additional residential
unit shall maintain the general form and architectural character of the
building where possible. Additional on-site parking shall be required.
b) A maximum of one (1) connection to existing private and\or municipal
sewage and water services shall be available to service the accessory
residential unit(s) ancillary to the primary dwelling unit, to the satisfaction
of the Municipality and the Southwestern Public Health as required.
ARCADIS MEMORANDUM
Municipality of Bayham – October 29th, 2024
4
c) The additional residential unit shall be incidental to the primary permitted
residential use, and can be located within the primary residential building
or an ancillary structure in accordance to the Planning Act, as amended.
14. Comment: The subject property is currently on private servicing and is permitted
one (1) ARU within an accessory building. Based on the building and elevation
plans provided by the applicant, it is our opinion that the proposed detached
accessory building maintains the general form and architectural character of the
existing single-detached dwelling. Parking will also be available for the proposed
ARU. The proposed ARU within the oversized accessory building will require
private servicing connections, which will be addressed at the Building Permit
Application stage should Council approve this Zoning By-law Amendment. The
ARU is also considered “incidental to the primary permitted residential use”, as the
ARU will be 292.5 m2 (3,148.0 ft2) while the existing single-detached dwelling is
410.6 m2 (4,420.5 ft2).
15. The subject lands are currently designated as ‘Natural Heritage’ in Schedule ‘A1’:
Land Use of the Official Plan. More specifically, majority of the lands are designated
‘Hazard Lands’ and ‘Significant A.N.S.I’ in Schedule ‘A2’: Constraints in the Official
Plan.
16. Comment: The LPRCA had advised to the applicant that the proposed location of
the accessory building is within 30 metres of the ‘Hazard Lands’ designation, being
the LPRCA regulation limit. As such, two (2) options were given to the applicant to
address this concern: One (1) being to revise the location and of proposed building
to a minimum of 30.0 metres from the Top of Bank; or two (2) provide a Slope
Stability Assessment prepared by a qualified professional demonstrating that the
current location is stable and will not have adverse impacts from public
health/safety perspective to the satisfaction of the LPRCA. GRIT Engineering Inc.
prepared a Desktop Slope Stability Analysis for the subject property in relation to
the proposed accessory building. As per their review, the works and grading
surrounding the proposed accessory building were revised on the sketch by the
applicant to address the recommendations from the Desktop Slope Stability
Analysis. LPRCA was satisfied with the revisions and issued a Permit (#LPRCA-
18/24) to the applicant. Therefore, it is our opinion that the proposed accessory
building maintains the general intent and purpose of the ‘Natural Heritage’ and
‘Hazards Lands’ policies in the Official Plan.
Based on the analysis provided above, it is our opinion that the proposed Zoning
By-law Amendment Application would conform to the Bayham Official Plan.
Municipality of Bayham Zoning By-law
17. The subject property is currently zoned ‘Agricultural (A1)’ in Schedule ‘A1’, Map
No. 3 in Zoning By-law No. Z456-2003. As per Section 5.2, the A1 Zone permits
ARCADIS MEMORANDUM
Municipality of Bayham – October 29th, 2024
5
accessory uses, such as the proposed detached accessory building for the
personal recreational use and an ARU. As per Section 4.2.f).ii) of the Zoning By-
law, the size of an accessory building that is accessory to the principal farm
dwelling shall be limited to a Maximum Floor Area of 200.0 m2 on those lots
measuring 0.4 hectares or more. Given that the subject property is greater than
0.4 metres, the Maximum Floor Area of 200.0 m2 would apply. This floor area
excludes main farm buildings such as barns, greenhouses, stables and driving
sheds. The intent of this regulation is to limit the size of non-farm buildings on
agricultural lots in order to avoid large scale accessory buildings that are not
relevant to the primary agricultural operation which may have an impact to the
surrounding area, neighbours, and agricultural lands.
18. Comment: The applicant is proposing a detached accessory building that has a
Maximum Floor Area of 385.4 m2 (4,148.0 ft2), whereas 200.0 m2 (2,152.8 ft2) is
required. As previously mentioned throughout this Memo, the intent of the proposed
accessory building is to be utilized as a pool house for recreational use, including
a gym and yoga studio, as well as an ARU. It is our opinion that the proposed
oversized accessory building meets the general intent and purpose of the Zoning
By-law, as the size of the subject property of the detached garage mitigates adverse
impacts to the adjacent lots and public realm. The Maximum Floor Area of 385.4
m2 represents an equivalent lot coverage of 0.15%, and if combined with the
existing single-detached dwelling (253.1 m2), this would equate to a total lot
coverage of approximately 0.25%, whereas 20% is the Maximum Lot Coverage for
‘A1’ Zone. The proposed accessory building would also be located to the rear of
the existing single-detached dwelling and is surrounded by trees in all direction,
thus mitigating any concerns of visual impacts from the public realm and adjacent
lots. The proposed oversized accessory building would not have an impact to
agricultural lands, as the proposed area is currently not cultivated.
19. As per the recent Housekeeping Zoning By-law Amendment (By-law Z789-2024)
approved by Council on September 5, 2024, Section 4.59 of the Zoning By-law
outlines the regulations pertaining to ARUs as follows:
a) An additional residential unit, either within the primary dwelling or in a detached
accessory building, shall be connected to approved private and\or municipal water and sewer services where such services are available, to the satisfaction
of the Municipality and Southwestern Public Health;
Comment: To be addressed at the Building Permit Application stage, should
Council approve this Zoning By-law Amendment.
b) A maximum of one (1) additional residential unit shall be permitted on a lot where partial or private water and sewer services are available;
ARCADIS MEMORANDUM
Municipality of Bayham – October 29th, 2024
6
Comment: The applicant is only proposing one (1) ARU, as the subject
property is on private water and sewer services.
c) A maximum of two (2) additional residential unit shall be permitted on a lot where full municipal water and sewer services are available;
Comment: Not applicable, as full water and sewer services are not available.
d) A maximum of one (1) additional residential unit shall be permitted in a detached accessory building and all zoning regulations for an accessory
building shall be complied with;
Comment: The applicant is proposing only one (1) ARU in an accessory
building on the subject property.
e) The maximum gross floor area, per additional residential unit, shall not exceed 40% of the gross floor area of the primary dwelling unit, except that an additional
residential unit may occupy the whole of a basement of a primary dwelling;
Comment: The proposed ARU is 57.1% (144.4 m2 or 1,553.9 ft2 in size) of the
primary dwelling unit (253.1 m2 or 2,724.0 ft2 in size), thus exceeding the
maximum requirement. It is our opinion that the proposed size of the ARU is
appropriate and meets the general intent and purpose of the Zoning By-law, as
the ARU will still be smaller and subordinate to the primary dwelling. In other
words, the ARU remains accessory to the primary dwelling unit, as it is smaller
in nature.
f) An additional residential unit shall be located within 40 metres of the primary
dwelling unit;
Comment: The proposed ARU is located within 40 metres of the primary
dwelling unit.
g) An additional residential unit shall not be permitted within a farm building, such as barns, greenhouses, stables and driving sheds, or a building used for an on-
farm diversified use;
Comment: Not applicable, as the proposed ARU will not be located in a farm
building.
h) A minimum of one (1) parking space shall be provided per additional residential unit, and all zoning regulations for parking shall be complied with; and
Comment: The applicant is providing a minimum of one (1) parking space for
the proposed ARU.
ARCADIS MEMORANDUM
Municipality of Bayham – October 29th, 2024
7
i) The additional residential unit shall meet all the requirements of the Ontario Building Code and Ontario Fire Code and requires an approved Building Permit
to establish the additional residential unit.
Comment: To be addressed at the Building Permit Application stage, should
Council approve this Zoning By-law Amendment.
Based on the analysis provided above, it is our opinion that the proposed Zoning By-law
Amendment Application meets the general intent and purpose of the Bayham Zoning By-
law.
Conclusion and Recommendations
20. Based on our review, Arcadis has no objection to the requested Zoning By-law
Amendment Application to rezone the subject property from ‘Agricultural (A1)’ Zone
to a ‘Site-Specific Agricultural (A1-49)’ Zone to permit the development of a
detached accessory building (pool house) containing an ARU, seeking relief from
the following provisions:
• Section 4.2.f).ii) to permit an accessory building with a Maximum Floor
Area of 385.4 m2 (4,148.0 ft2), whereas 200.0 m2 (2,152.8 ft2) is the
maximum requirement on A1 Zoned lots measuring 0.4 hectares or more.
• Section 4.59.e) to permit an Additional Residential Unit with a Maximum
Gross Floor Area that is 57.1% (144.4 m2 or 1,553.9 ft2 in size) of the
primary dwelling unit (253.1 m2 or 2,724.0 ft2 in size), whereas 40% (101.2
m2 or 1,089.7 ft2) is the maximum requirement.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z794-2024
BONNEY AND CADMAN
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 ‘A’ Map No. 3 by changing the zoning symbol on the lands from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-49)’ Zone, which lands are outlined in heavy solid lines and marked “A1-49” on Schedule ‘A’ Map No. 3 to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.49.1 Defined Area
A1-49 as shown on Schedule ‘A’ Map No. 3 to this By-law.
5.12.49.2 Regulations for Accessory Buildings
Notwithstanding the provisions of Section 4.2.f).ii) of this By-law, an accessory building with a
Maximum Floor Area of 385.4 m2 shall be permitted. This floor area excludes main farm buildings such as barns, greenhouses, stables and driving sheds.
5.12.49.3 Regulations for Additional Residential Units
Notwithstanding the provisions of Section 4.59.e) of this By-law, an Additional Residential Unit with a Maximum Gross Floor Area that is 57.1% (144.4 m2) of the primary dwelling unit (253.1 m2) shall be permitted.
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario
Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 6TH DAY OF NOVEMBER 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF NOVEMBER 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: November 6, 2024
REPORT: DS-84/24 FILE NO. C-07 / D13.PETT
Roll # 3401-000-002-05500 SUBJECT: Rezoning Application ZBA-25/24 Pettigrew
Zoning By-law No. Z793-2024
BACKGROUND Appointed Agent Courtney Sinclair, Lerners LLP, has submitted a rezoning application on behalf of Randall and Deborah Pettigrew to rezone a property known municipally as 6423 Plank Road, village of Vienna. The subject lands are designated ‘Residential’ and portions of ‘Hazard Lands’ on Schedule ‘C’ of the Municipality of Bayham Official Plan and are zoned Holding Village Residential 1 (R1(h2)) on Schedule ‘H’ of the Municipality of Bayham Zoning By-law No. Z456-2003. The purpose of the By-law is to facilitate the removal of the ‘h2’ Holding Provision on the lands
located at 6423 Plank Road, west side and south of Old Mill Line in the village of Vienna, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E53-23 that was Conditionally Approved on August 23, 2023. The subject property, specifically the proposed
severed lot containing the existing dwelling, is to be zoned from the ‘Holding Village Residential 1 (R1(h2))’ Zone to ‘Village Residential 1 (R1)’ Zone in the Municipality of Bayham Zoning By-law Z456-2003. The effect of this By-law will be to satisfy the Conditions of Approval for Elgin Land Division Committee file number E53-23. A public meeting will be held November 6, 2024. DISCUSSION
As required through a condition of consent, the applicants have installed the municipal water and sanitary sewer to the existing dwelling on the severed parcel. With the services in place, the Holding Provision may be removed to satisfy the zoning condition.
Staff Report DS-84/24 Pettigrew 2
The purpose and intent of the Zoning By-law amendment for the removal of the Holding Provision was circulated by Notice of Public Meeting on October 18, 2024. A By-law is prepared
for this application. Further, no members of the public can appeal a Holding Provision as only the applicant is able to appeal if Council refuses or does not make a decision within a specified time frame. Staff and planner are supportive of the purpose and effect of the zoning amendment and recommend by-law approval. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Rezoning Application ZBA-25/24 Pettigrew 2. Draft Zoning By-law No. Z793-2024 RECOMMENDATION
THAT Report DS-84/24 regarding the Pettigrew rezoning application be received for
information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held November 6, 2024 associated with this application, there were no written submissions and no oral presentations 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 the lands owned by Randall and Deborah Pettigrew identified as 6423 Plank Road from Holding Village Residential (R1(h2)) to Village Residential (R1) Zone; AND THAT Zoning By-law No. Z793-2024 be presented to Council for enactment.
Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z793-2024
PETTIGREW
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 ‘Holding Village Residential 1 (R1(h2))’ 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 shall come into force on the date of passing.
READ A FIRST TIME AND SECOND TIME THIS 6TH DAY OF NOVEMBER 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF NOVEMBER 2024.
MAYOR CLERK
Council Members
Mayor Neil Nicholson
Deputy Mayor Cathy Regier
Councillors:
Mark Bell
Michael Moore
Chris Olmstead
Connie Tabbert
Joey Trimm
(613) 646-2282
P.O. Box 40,
44 Main Street
Cobden, ON
K0J 1K0
whitewaterregion.ca
Certified True Copy
Wednesday, October 16, 2024
Re: Resolution - OPP Notice of Motion for funding support - Municipality of Tweed
At its meeting of October 16, 2024, the Council of the Township
of Whitewater Region adopted the following resolution:
WHEREAS it is apparent that the Ontario Government has
overlooked the needs of small rural Ontario;
AND WHEREAS Ontario’s small rural municipalities face insurmountable challenges to fund both
upfront investments and ongoing maintenance of their
capital assets including roads, bridges, water/
wastewater and municipally owned buildings including
recreational facilities, libraries and other tangible
capital assets:
AND WHEREAS small rural Ontario’s operating needs
consume the majority of property tax revenue
sources;
AND WHEREAS small rural municipalities (of 10,000
people or less) are facing monumental
infrastructure deficits that cannot be adequately
addressed through property tax revenue alone;
AND WHEREAS in 2015 the provincial government moved to standardized billing for all non-contract
D.P.P. (5.1) locations;
AND WHEREAS the Ontario Government has committed $9.1 billion to Toronto alone to assist with operating
deficits and the repatriation of the Don Valley and Gardner Expressway; and $534 million to
Ottawa for the repatriation of Hwy 174;
AND WHEREAS the annual cost of the Ontario Provincial Police, Municipal Policing Bureau for small
rural non-contract (5.1) municipalities is approximately
$428 million;
AND WHEREAS this annual cost is significantly less than
the repatriation costs of the Gardiner
Express Way, the Don Valley Parkway and Highway 174 (Ottawa Region) but provides a greater
impact to the residents of the Province overall;
AND WHEREAS this will afford relief to small rural
municipalities for both infrastructure and operating
needs while having a minimal impact on the provincial budget;
NOW THEREFORE BE IT RESOLVED THAT The Township of
Whitewater Region call on the Ontario Government to immediately implement sustainable funding for small
rural municipalities by reabsorbing the cost of the Ontario
Provincial Police Force back into the provincial budget with no cost recovery to municipalities: AND FURTHER,
that Council direct staff to circulate this resolution to Premier Doug Ford (premier@ontario.ca). Minister of Solicitor General, Minister of Finance, and to the
Association of Municipalities of Ontario (amo@amo.on.ca), MPP John Yakabuski (john.yakabuskico@pc.ola.org) and
all Municipalities in Ontario.
Carried as amended - Resolution #2024 - 5187
Sincerely,
Carmen Miller
Clerk/CEMC
otlLq
ocF
The Corporation of the Municipality of St. Gharles
RESOLUTION PAGE
Regular Meeting of Gouncil
{genda Number 8.4.
Resolution Number 2024-365
Title:
Date:
Resolution Stemming from July 17,2024 Regular Meeting of Council - ltem 7.1 -
Correspondence #7
October 16,2024
Moved by:
Seconded by:
Councillor Laframboise
Councillor Pothier
BE lT RESOLVED THAT Council for the Corporation of the Municipality of St.-Charles hereby supports
the Resolution dated June 24,2024 passed by the City of St. Catharines, regarding the Green Roads
Pilot Project;
AND BE lT FURTHER RESOLVED THAT a copy of this Resolution be sent to the Association of
Municipalities of Ontario (AtttlO); and all Ontario Municipalities.
CARRIED
June 27, 2024
Association of Municipalities of Ontario
155 University Ave | Suite 800
Toronto, ON M5H 3B7
Sent via email: resolutions@amo.on.ca
Re: Green Roads Pilot Project
Our File 35.72.3
To Whom it May Concern,
At its meeting held on June 24, 2024, St. Catharines City Council approved the following
motion:
WHEREAS St. Catharines has declared a climate emergency, recognizing the
urgent need to address and mitigate the impacts of climate change on our
community and environment; and
WHEREAS alternatives to traditional road surfacing materials exist, including
green roads technologies that are more sustainable and environmentally friendly;
and
WHEREAS bioresin is a natural alternative that can be used to support road
surfacing, providing a more sustainable option that reduces our reliance on
petrochemical-based products; and
WHEREAS many secondary roads in St. Catharines require resurfacing,
presenting an opportunity to explore and implement innovative and sustainable
road surfacing solutions; and
WHEREAS Good Roads, the Association of Municipalities of Ontario (AMO), and
the Federation of Canadian Municipalities (FCM) have presented alternatives for
municipal road restoration that include sustainable and environmentally friendly
materials and methods; and
WHEREAS other municipalities, such as Centre Wellington, have entered into a
similar pilot project using bioresin and other sustainable materials, demonstrating
a commitment to innovation and environmental stewardship; and
WHEREAS implementing pilot projects using bioresin on city roads can provide
valuable data and insights into the feasibility, performance, and environmental
benefits of this alternative material; and
WHEREAS the Federation of Canadian Municipalities (FCM) has established the
Green Municipal Fund which includes new funding for pilot projects to test
innovative and ambitious technologies to improve environmental outcomes;
THEREFORE BE IT RESOLVED that St. Catharines City Council directs staff to
investigate the feasibility and potential benefits of using bioresin on City road
works; and
BE IT FURTHER RESOLVED that staff investigate other alternative construction
materials and methods for road works that minimizes the City’s carbon footprint
and are more environmentally sustainable; and
BE IT FURTHER RESOLVED that staff prepare a report on the findings, no later
than Q3 2024, including potential costs, benefits, and environmental impacts of
using bioresin or other sustainable construction materials or methods for road
works, and if feasible, a list of City streets where a pilot project may be
considered in accordance with the City’s procurement policy; and
BE IT FURTHER RESOLVED that this resolution be sent to all Ontario
municipalities, the Association of Municipalities of Ontario (AMO), and the FCM
to encourage the exploration and adoption of sustainable road surfacing
alternatives.
If you have any questions, please contact the Office of the City Clerk at extension 1524.
Donna Delvecchio, Acting City Clerk
Legal and Clerks Services, Office of the City Clerk
:sm
cc: all Ontario Municipalities
ot/Lq
The Corporation of the Municipality of St. Charles
RESOLUTION PAGE
Regular Meeting of Council
Agenda Number: 8.2.
Resolution Number 2024-363
Title:
Date:
Resolution Stemming from July 17,2024 Regular Meeting of Council - ltem 7.0 -
Correspondence #5
October 16,2024
Moved by:
Seconded by:
Councillor Laframboise
Councillor Pothier
BE lT RESOLVED THAT Council for the Gorporation of the Municipality of St.-Gharles hereby supporb
Resolution No. 2024-125 passed by the Corporation of the Town of Gobalt, regarding a PS3280
accounti ng strand ard coverin g asset reti rement obl igations;
AND BE lT FURTHER RESOLVED THAT a copy of this Resolution be sent to the Minister of Municipal
Affairs and Housing, Paul Galandra; the Association of Municipalities of Ontario (AIt O); the Federation
of Ontario Municipalities (FONOM); and all Ontario Municipalities.
CARRIED
June 26, 2024
The Corporation of the Township of Harley
903303 Hanbury Rd
New Liskeard, ON P0J 1P0
Please be advised that at the Regular Meeting of Council on June 25, 2024, the Town of Cobalt adopted the following
resolution:
RESOLUTION No. 2024-125
MOVED BY: Councillor Wilcox
SECONDED BY: Councillor Starchuk
WHEREAS the Public Sector Accounting Board (PSAB) establishes accounting standards for the public sector which
must be followed by all Ontario municipalities;
AND WHEREAS the Municipal Act, 2001, section 294.1 states that a municipality shall, for each fiscal year, prepare
annual financial statements for the municipality in accordance with generally accepted accounting principles for local
governments as recommended, from time to time, by the Public Sector Accounting Board of the Chartered Professional
Accountants of Canada;
AND WHEREAS PS3280 is a new accounting standard covering asset retirement obligations (ARO) that was approved
by PSAB in March 2018;
AND WHEREAS the standard must be applied by all public sector entities who prepare their financial statements under
PSAB, including all Canadian municipalities;
AND WHEREAS many small municipalities do not have accountants or engineers on staff to complete the ARO
obligations and this major accounting changes will force small municipalities to hire consultants to complete this work and
cause a significant financial burden to municipalities;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Cobalt supports the
resolutions from the Township of Harley, Coleman Township, Township of Larder Lake,
Township of Casey, Township of Hudson & Township of Kerns and hereby calls upon the province of Ontario to provide
financial assistance to municipalities to complete the ARO;
AND FURTHER THAT a copy of this resolution be forwarded to the Honourable Paul Calandra, Minister of Municipal
Affairs and Housing, the Association of Municipal Clerks and Treasurers of Ontario (AMCTO), the Timiskaming Municipal
Association (TMA), the Federation of Northern Ontario Municipalities (FONOM) and all municipalities within the District of
Timiskaming.
CARRIED
Kind Regards,
Steven Dalley
Town Manager, Clerk/Treasurer
Email: sdalley@cobalt.ca
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: November 6, 2024
REPORT: CAO-48/24 SUBJECT: UPDATED BEACH RISK ASSESSMENT
BACKGROUND
As a component of the Municipality’s original Blue Flag application, the Municipality was required
to provide a risk assessment conducted by the Lifesaving Society to support its request for Blue
Flag status. In and around the time of the 2024 Blue Flag application, the Municipality became
aware of the necessity to update our risk assessment for the present-day beach dynamics and
usership.
In 2024, the Municipality engaged the Lifesaving Society to update the risk assessment as ~6
years had passed and an update was required for future applications, including the upcoming
2025 Blue Flag application.
On October 15, 2024, Municipal staff finalized and posted the Draft 2025-2034 Capital Budget to
the website for public consumption and further comment before the upcoming Special Capital
Budget Meeting, which is scheduled for Wednesday, November 13, 2024.
DISCUSSION
The risk assessment was conducted in August/September 2024. The Manager of Public Works
met on-site with representatives of the Lifesaving Society on September 7, 2024 to provide
context and answer any questions as they arose.
Out of the risk assessment, a number of recommendations of varying priority were provided.
There are three levels of recommendations:
Priority Concerns
Primary Recommendations
Secondary Recommendations
Priority Concerns represent major safety risks to the public and merit immediate action. Primary
Recommendations address situations in contravention of a relevant Province of Ontario statute
or the Lifesaving Society’s position on what constitutes reasonable safe practices. Secondary
Recommendations are designed to enhance the safe use of the aquatic facility.
The assessment provided 0 Primary Concerns, 5 Primary Recommendations, and 5 Secondary
Recommendations. These Recommendations are outlined below. Estimated costing for each
Recommendation is attached based on information compiled by the Manager of Public Works.
Primary Recommendations
Lifeguarded/patrolled waterfront
Barrier/railing along edge of pier
Replace current buoys
Provide disabled access to waterfront
Install enhanced telephone notices (re emergency usage)
Secondary Recommendations
Enhance pier ladder safety
Remove distractions/notices on pier
Signage on both side of safety equipment posts
Install additional buoys
Install eyewash station
There is a significant cost associated with the Primary Recommendations, specifically the
lifeguard recommendation and installing a barrier around the pier. A barrier for the pier may be
between $150,000-250,000, and lifeguard operating and capital costs are also highlighted. Note
that the lifeguard operating costs does not include wages for lifeguards. As a comparison,
Central Elgin spent $240,000 (approx.) in 2023 on lifeguard patrol. A $240,000 increase in
operating costs for lifeguard wages equates to ~3.6 percent on the tax levy.
The other Primary Recommendation to note is the disabled access to the waterfront. The
accessible pad at the East Beach was originally installed for this intent. The Lifesaving Society
recommends additional access closer to the waterfront. The main issue with this
recommendation is that the East Beach is dynamic and the location of the waterfront shifts
annually in varying degrees. Any plan to install additional accessibility would have to assume a
static distance, otherwise a solution such as accessibility mats may not suffice if the shoreline
shifts markedly south for a beach season. It is worthwhile reiterating that the Municipality has
had a Capital Item in the Capital Budget over the last few years for Beach Accessibility (Item
No. PR-13) as a 2027 budget item, grant-contingent.
Council should note that these recommendations are not mandatory; however, Swim, Drink,
Fish has advised staff that Blue Flag International may negatively look upon recommendations,
particularly Primary Recommendations, that are not actioned, which may impact any 2025
and/or future Blue Flag application for the East Beach.
As 2025-2034 Capital Budget discussions are upcoming, this information is being provided to
Council at this time to ensure that any direction regarding capital matters discussed in the
Report can be directed to the upcoming Special Capital Budget Meeting. Given the scope of
costs, these recommendations may not be fundable out of the levy. They may, instead, require
another revenue source or a different revenue mechanism altogether, such as paid beach
parking under a fully user-pay model. It is expected that a Report on paid beach parking will be
forthcoming to Council before year-end.
STRATEGIC PLAN
1.2: Quality of Place > To develop policies, plans and strategies that continually
enhance the visitor experience in Bayham, and increase the economic benefit of
tourism to the community.
Initiative(s): Enhance the Port Burwell East Beach
2.1: Quality of Life > To work collaboratively with community organizations and other
in ensuring the availability of a diverse range of passive recreational, heritage,
cultural and other community services that contribute to enriching Bayham’s
valued quality of life.
Initiative(s): Enhance the Port Burwell East Beach
Strategic improvements to recreational amenities to promote healthy living
3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community.
Initiative(s): Not applicable.
ATTACHMENTS
1. Recommendation Costing Notes – Risk Assessment Recommendations 2024 –
compiled by the Manager of Public Works
RECOMMENDATION
1. THAT Report CAO-48/24 re Updated Beach Risk Assessment be received for
information;
2. AND THAT any discussion regarding East Beach and/or Pier capital or operating items
be directed to the appropriate Special Budget Meeting.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
These cost reflect current value and do not include labour
PRIMARY RECOMMENDATIONS
Area Concern/Recommendation Action Taken Cost
1 Beach Enhance beach emergency
information and phone
location.
-N/A
-Costing/Sign Location
- Eight locations total
$122/per sign
$976
2 Beach Provide disabled access to
waterfront
-N/A
-Staff brought report PS 15/23 Sept.
7,2023
-The accessible pad was created for
access to the beach.
$35-50k
3 Water Replace Buoys -Staff remove yearly and replace
annually if needed. When installed
buoy are standing straight with
stickers
$650/buoy
2024-
requires 4
$2,600
4 Pier Enhance Pier Safety –
Possible barrier added
Line currently painted ever two years
New barrier or rail would interfere
with ice jams and flows in high water
situations. A removal able railing
would be necessary.
High level Stainless would require an
RFQ however staff believe cost
would be $200,000 based on length
and online options. Substantial
amount of staff time would be
involved to add and remove annually.
$150k-$250k
SECONDARY RECOMMENDATIONS
Area Concern/Recommendation Action Taken Cost
1 Utility Room Eye Wash Station/SDS
sheets be added to room
Eye wash bottle and SDS sheets were
in room staff mounted bottle on wall and
hung SDS sheets Sept. 24/2024
$34-bottle
Hanger
2 Water Install additional buoys Staff will purchase in spring of 2025 1
additional buoy for location and install
buoys closer to shore.
$650
3 Beach Lifesaving identifying signs
and second sign to post
-Spring of 2025 staff will add a second
sign to post.
$68/sign
Total
$272
4 Enhance
Safety
Ladders
Signage added to Pier
Ladders.
Staff will install signage in Spring 2025
when ladders are placed back in water
$ 90/sign
$360 for
all ladders
5 Remove
Notices at
edge of pier
Do not dump waste at edge
of pier signage to be
removed.
Fall of 2024 or Spring of 2025 small
stickers will be removed.
N/A
Staff time
Lifeguard
List of Supplies Needed
Lifeguards make between 24-27/hr.
Central Elgin utilizes 20 staff to man 4 towers. If this is the case here, these numbers are low.
Operational
Supply Quantity Cost Total Cost Annually-Long term
Uniforms Min. 10 $500/guard $5,000 Annual
UV Protection Min.10 $100/guard $1,000 Annual
Rescue Line Min. 6 $75 $450 Semi annual
Binoculars Min. 6 $65 $390 Semi
Last seen Marker Min. 4 $85 $336 As needed
Mask/Fins Min. 5 $ 100 $400 As needed
Spine Board Min. 4 $ 800 $3,200 As needed or 5 years
Oxygen
Equipment
Min. 2 $ 900 $ 1,800 As needed
First Aid bags Min. 4 $ 300 $1,200 Annually
Additional
Supplies
$500 $500 Annually
Training Min. 10 $1000 $10,000 Annually
Rescue tube Min. 4 $200 $800 Semi annually
Total $25,076 Total one time
Total $18,436 Annually
Capital
Supply Quantity Cost Total Cost Annually-Long term
Lifeguard Towers 4 $9-12k $48,000 One time replaced 10
every years
Rescue Boat 1 Fire?
Radios 6 $1,000/unit $ 6,000 Replaced every 5 years
AED 1 $ 3,000 3,000 5 years
Signage 8 $ 250 $ 2,000
Chair umbrella 4 $ 300 $1,200 Semi- Annually
Rescue Boards Min. 5 $ 1,800 $7,200 As needed
Total $67,000
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: November 6, 2024
REPORT: CAO-49/24 SUBJECT: MUNICIPAL ACCESS AGREEMENTS – XPLORE INC. AND XPLORE
FIBRE LP
BACKGROUND
The Municipality utilizes Municipal Road Access Agreements for any corporation seeking to
conduct works or install infrastructure within the boundaries of Municipal road allowances.
Precedent for this arrangement in Bayham are the Municipal Road Access Agreement in place
with North Frontanac Telephone Elgin Corp. by way of By-law No. 2019-071, which was
adopted by Council at the August 15, 2019 meeting, and a similar agreement in place with
Execulink by way By-law No. 2022-0xx, which was adopted by Council on October x, 2022.
In May 2023, the Municipality was contacted by Xplore (former Xplorenet) regarding a Municipal
Access Agreement to install fibre in rural areas of Bayham, generally on Municipal road
allowances with approximately 30 percent of the proposed installations requiring in-ground
works. Similar agreements between Elgin County and Xplore and Xplore Fibre LP are already in
place for installation after over a year of negotiations.
At its May 2, 2024, Council received Confidential Report CAO-18/24 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 (Road User Agreement). Since this time,
discussions with Xplore and Elgin County Legal Services have been ongoing to finalize this
matter.
DISCUSSION
A Municipal Road Access Agreement (MAA) is a standard document provided to utilities that
place infrastructure within the municipal road allowance. The Agreement is based off of the
County’s template for same and is generally in conformity with Canadian Radio-television and
Telecommunications Commission (CTRC) jurisprudence on the manner.
Two separate MAAs are proposed for Xplore and Xplore Fibre LP because there are two
separate Xplore legal entities and Xplore has indicated that because of the nature of their
federal incorporation, they are barred from taking on joint and several liability. For that reason,
as well as clarity of contract administration, two separate agreements should be entered into
with the Xplore entities.
The topic of securities arose during discussions and has been addressed. The attached MAAs
contain security provisions that are in conformance with CRTC jurisprudence. The onus would
be on the vendor (Xplore) to rectify a deficiency identified by the Municipality. It also provides for
a Letter of Credit of $10,000 only after a second default on a project, rather than being provided
at the outset of the agreement.
Staff and legal have reviewed the proposed MAAs and are satisfied with their content and scope.
The MAAs are attached hereto. Authorizing by-laws will be forthcoming at a later meeting. It is
worth noting that, under the Building Broadband Faster Act, 2021 (BBFA), the Municipality is
required to work in good faith towards the installation of broadband projects. Under section 5.1
of Ontario Regulation (O.Reg) 436/22, a Municipality cannot require an MAA for broadband
installations. However, where a Municipality does request an MAA and an installer is willing to
enter into same in good faith and work productively and reasonably towards an agreement,
installations may be permitted and conducted in the interim with the understanding that an MAA
is forthcoming. In this regard, Xplore has already commenced permitted works in northern areas
of rural Bayham.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Agreement – Municipal Access Agreement for telecommunications infrastructure
between the Municipality of Bayham and Xplore Inc.
2. Agreement – Municipal Access Agreement for telecommunications infrastructure
between the Municipality of Bayham and Xplore Fibre LP
RECOMMENDATION
1. THAT Report CAO-49/24 re Municipal Access Agreements – Xplore Inc. and Xplore Fibre
LP be received for information;
2. AND THAT the appropriate by-laws to enter into Municipal Access Agreements with
Xplore Inc. and Xplore Fibre LP. be brought forward for Council’s consideration.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
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TELECOMMUNICATIONS EQUIPMENT CONSENT and ROAD USER AGREEMENT This Agreement made effective the day of , 2024 (the Effective Date). B E T W E E N: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereafter the “Municipality”) OF THE FIRST PART -and- XPLORE INC. (hereafter the “Company”) OF THE SECOND PART WHEREAS:
A. The Company is a “telecommunications common carrier” as defined in the
Telecommunications Act, S.C. 1993, c.38 (“Telecom Act”) or “distribution
undertaking” as defined in the Broadcasting Act, S.C. 1991, c.11 (collectively, a
“Carrier”) and is subject to the jurisdiction of the Canadian Radio-television and
Telecommunications Commission (the “CRTC”);
B. In order to operate as a Carrier, the Company requires to construct, maintain and operate
its Equipment in, on, over, under, across or along (“Within”) the highways, streets,
road allowances, lanes, bridges or viaducts which are under the jurisdiction of the
Municipality (collectively, the “Rights-of-Way” or “ROWs”);
C. Pursuant to section 43 of the Telecom Act, the Company requires the Municipality’s
consent to construct its Equipment Within the ROWs and the Municipality is willing
to grant the Company a non-exclusive right to construct within the ROWs provided that
it shall not unduly interfere with the public use and enjoyment of the ROW or other
public place, including any rights or privileges previously conferred or conferred after
the Effective date by the Municipality on Third Parties to use or access the ROWs;
NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained
herein, the Parties agree and covenant with each other as follows:
1. DEFINITIONS AND INTERPRETATION 1.1 Definitions. In this Agreement, the following words and phrases shall have the following
meanings:
(a) “Affiliate” means “affiliate” as defined in the Canada Business Corporations Act;
(b) “Anti-Bribery Law” means the Canadian Corruption of Foreign Public Officials
Act;
(c) “Municipal Engineer” means the Municipality’s reviewing authority or the
individual designated by him or her;
(d) “CRTC” means the Canadian Radio-television and Telecommunications
Commission.
(e) “Emergency” means an unforeseen situation where immediate action must be
taken to preserve the environment, public health, safety or an essential service of
either of the Parties;
(f) “Equipment” means the transmission and distribution facilities owned by the
Company and/or its Affiliates, comprising fibre optic, coaxial or other nature or
form of cables, pipes, conduits, poles, ducts, manholes, handholds and ancillary
structures and equipment located Within the ROWs;
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(g) “Hazardous Substance” means any harmful substance including, without
limitation, electromagnetic or other radiation, contaminants, pollutants, dangerous
substances, dangerous goods and toxic substances, as defined, judicially interpreted
or identified in any applicable law (including the common law);
(h) “Municipal Consent” or “MC” means the written consent of the Municipality,
with or without conditions, to allow the Company to perform Work Within the
ROWs that requires the excavation or breaking up of the ROWs (as more particularly
described in Schedule “B” to this Agreement);
(i) “Non-Compliant Equipment” means:
(i) Equipment installed without a Permit.
(ii) For all Equipment installed on or after the Effective Date, Equipment that
is not compliant with the alignment approved by the Municipality because
the placement of the Equipment is greater than a distance of 1m horizontally
(centre-line to centre-line) from the location approved by the Municipality,
and, the placement of such Equipment has a material impact on the
Municipality’s ability to manage or use its ROWs; or,
(iii) Equipment installed prior to the Effective Date of this Agreement is
assumed to be compliant. However, Equipment installed prior to the
Effective Date may be deemed Non-Compliant by the Municipality if
unapproved deviations from the approved alignment have a material impact
on the Municipality’s ability to manage or use its ROWs; or,
(iv) As otherwise defined within the Agreement.
(j) “Permit” means a Municipal Consent or a Road Permit or both;
(k) “Relocation Notice” means a written notice given by the Municipality to the Company identifying the specific location and reason for the relocation and directing the Company to relocate the Equipment designated in the notice to another reasonable location in the ROW(s).
(l) “Road Permit” means a Permit issued by the Municipality that, generally, is
required to authorize the Company to conduct Work that includes any activity that involves a deployment of its workforce, vehicles and other equipment in the ROWs which may interfere with the public use and enjoyment of the ROW for the duration of the Work when performing the Work.(as more particularly described in Schedule
“B” to this Agreement);
(m) “Service Drop” means a cable that, by its design, capacity and relationship to other
fibre optic cables of the Company can be reasonably considered to be for the sole
purpose of connecting backbone of the Equipment to not more than one individual
customer or building point of presence;
(n) “Term” means as defined in section 9.1.
(o) “Third Party” means any person that is not a party to this Agreement nor an
Affiliate of either Party, and includes any person that attaches its facilities in, on or
to the Equipment under an agreement with the Company;
(p) “Work” means, but is not limited to, any installation, removal, construction,
maintenance, repair, replacement, relocation, removal, operation, adjustment or
other alteration of the Equipment performed by the Company Within the ROWs,
including the excavation, repair and restoration of the ROWs.
(q) “Xplore Inc.” means Xplore Inc. and its Affiliates.
1.2 Legislation. All references to statutes in this Agreement shall include amendments thereto,
regulations thereof, and successor legislation thereafter.
1.3 Recitals, Schedules and Incorporated Documents. The beginning part of this Agreement
entitled “Recitals”, and Schedule “A” as identified below, and the By-laws and Municipal
Policies referred to in this Agreement are hereby incorporated by reference into this
Agreement and form part thereof:
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Schedule “A” – Permits required by the Municipality
2. USE OF ROWs
2.1 Consent to use ROWs. The Municipality hereby consents to the Company’s use of the
ROWs for the purpose of performing its Work, subject to the terms and conditions of this
Agreement and in accordance with all applicable laws or other municipal by-laws, rules,
policies, standards and guidelines (“Municipal Guidelines”) pertaining to the Equipment
and the use of the ROWs; to the extent, however, that any municipal laws and the Municipal
Guidelines are not inconsistent or in conflict with this Agreement or with applicable federal
laws.
2.2 Restrictions on use. The Company shall not, in the exercise of its rights under this
Agreement, unduly interfere with municipal operations, equipment or installations on the
ROWs and the public use and enjoyment of the ROWs, nor any rights or privileges
previously conferred or conferred after the Effective Date by the Municipality on Third
Parties to use or access the ROWs
2.3 Equipment acquired by the Company. The Parties agree that, where the Company
acquires, or has acquired, directly or indirectly, facilities from a Third Party that are located
Within the ROWs (the “New Equipment”), then, effective the day of the acquisition of the
New Equipment by the Company:
(a) the New Equipment shall form part of the Equipment and shall be governed by the
terms and conditions of this Agreement; and
(b) where that Third Party is a Party to a valid and existing Road User Agreement with
the Municipality (the “RUA”) and the Company, directly or indirectly, acquires the
rights and obligations under the said RUA, the RUA shall be terminated.
2.4 No ownership rights. The Parties acknowledge and agree that:
(a) the use of the ROWs under this Agreement shall not create nor vest in the Company
any ownership or property rights in the ROWs; and
(b) the placement of the Equipment Within the ROWs shall not create or vest in the
Municipality any ownership or property rights to the Equipment.
2.5 Condition of ROWs. The Municipality makes no representations or warranties as to the
state of repair of the ROWs or the suitability or fitness of the ROWs for any business,
activity or purpose whatsoever, and the Company hereby agrees to accept the ROWs on an
“as is” basis.
2.6 Non-Compliant Equipment. The Municipality bears no liability or responsibility for
relocation costs of all of the following:
(a) Non-Compliant Equipment;
(b) Third Party telecommunications equipment attached to the Company’s Non-
Compliant Equipment; and
(c) any damages, liabilities, re-design costs and associated delay costs incurred by
other occupiers of a Municipality ROW resulting from the Company’s Non-Compliant Equipment.
If the Municipality identifies the existence of Non-Compliant Equipment, the
Municipality will issue a Notice of Non-Compliance to the Company. If the Non-
Compliant Equipment interferes with the Municipality’s ability to manage, administer,
use or operate its ROWs, including but not limited to installing its own facilities,
permitting third-parties to install facilities, or undertaking permit reviews and potential
permit approvals for same, as determined in its sole discretion, and the Municipality
requires the Non-Compliant Equipment to be relocated, the Municipality will send a
Relocation Notice to the Company requesting relocation of the Non-Compliant
Equipment and the Company must relocate the Equipment as follows:
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(i) above ground Equipment must be relocated within 90 days of the Company
receiving a Relocation Notice from the Municipality, or within such other time as
agreed to by the Parties taking into account the circumstances of the relocation;
(ii) below ground Equipment must be relocated within 180 days of the Company
receiving a Relocation Notice from the Municipality, or within such other time as
agreed to by the Parties taking into account the circumstances of the relocation,
such Relocation Notice to be issued by the Municipality only in the event the
Municipality approves plans to re-open the site where the Non-Compliant
Equipment is located;
Prior to removal or relocation of Non-Compliant Equipment, the Company must obtain a
new alignment approval from the Municipality. Where any relocation of Non-Compliant
Equipment occurs, the Municipality will make good faith efforts to provide alternative
routes for the Non-Compliant Equipment. Once the Company has provided the
Municipality with all information the Municipality requires to enable it to process a
Permit application, the Municipality shall process the Permit.
If the Company fails to remove or relocate Non-Compliant Equipment as a result of
receiving a Relocation Notice from the Municipality, the Municipality may, in its sole and
unfettered discretion, complete the removal or relocation and any associated restoration
and the Company must pay to the Municipality all reasonable and verifiable costs related
to the relocation and restoration.
3. APPLICABLE PERMITS
3.1 Permits.
(a) Subject to Section 3.2 and 3.6, the Company shall not occupy, excavate, break up,
disturb, or move oversized or overweight vehicles within a Municipality ROW,
where a Permit is required in accordance with this Agreement as set out in Schedule
“B”, without first obtaining such Permit.
(b) For each Permit required above, where applicable, the Company shall submit to the
Municipality a completed application, in a form specified by the Municipality as well as
any Security required under this Agreement. (c) Subject to Section 3.4, the Municipality will make best efforts to issue the applicable Permits within 21 days of receiving a complete Application, or such other time as agreed to by the Parties having regard to the complexity of the Work covered by the Application
and the volume of Permit Applications before the Municipality at that time. Should the Municipality not issue a Permit within 21 days of receiving a complete Application, the Municipality agrees to provide an estimate of the date on which the Company can expect to issue such Permit(s).
3.2 No Permits for routine Work. [Intentionally Deleted - See instead Schedule “B”]
3.3 Expiry of Permit. In the event that the Company has not commenced construction of the
approved Work associated with a particular Permit within one (1) year of the date of
issuance of the Permit and has not sought and received an extension to the Permit from the
Municipality, which extension shall not be unreasonably withheld, the Permit shall be null
and void. In such circumstances, any fees paid by the Company in respect of the expired
Permit shall not be refunded and the Company must obtain a new Permit for the Work.
3.4 Submission of plans. Unless otherwise agreed to by the Municipality, the Company shall,
prior to undertaking any Work that requires a Municipal Consent, submit the following to
the Municipal Engineer:
(a) construction plans of the proposed Work, showing the locations of the proposed
and existing Equipment and other facilities, and specifying the boundaries of the
area within the Municipality within which the Work is proposed to take place;
(b) Traffic control plans for the protection of the workers, public and traveling public
including detours as required to minimize traffic disruption; and
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(c) all other relevant plans, drawings and other information as may be normally
required by the Municipal Engineer from time to time for the purposes of issuing
Permits.
3.5 Refusal to issue Permits. The Municipality may refuse to issue a Permit in accordance
with Section 3.1 for any bona fide municipal purpose, including but not limited to reasons
of public safety and health, conflicts with existing infrastructure, proposed road
construction, or the proper functioning of public services, all as identified in writing by the
Municipality, having regard to the public interest in having access to communications,
including 911 access services. The Municipality shall make good faith effort to provide
consent to alternative suggestions, wherever possible, for routing the Equipment Within
the ROW to assist the Company in its efforts to facilitate the installation of its Equipment.
3.6 Restoration of the Company’s service during Emergencies. Notwithstanding Section
3.1, in the event of an Emergency, the Company shall be permitted to perform such
remedial Work as is reasonably necessary to restore its services without complying with
Section 3.1; provided that such Work does not unduly disrupt any Municipal service or
activity and provided that the Company provides notice of the Work within five (5)
business days of completing the Work.
3.7 Temporary changes by Municipality. Notwithstanding any other provision in this
Agreement, the Municipality reserves the right to set, adjust or change the approved
schedule of Work by the Company for the purpose of coordinating or managing any major
events or activities, including the restriction of any Work during those restricted time
periods; provided however, that any such adjustment or change shall be conducted so as
minimize interruption to the Company’s operations. The Municipality shall use its
commercially reasonable efforts to provide to the Company forty-eight (48) hours advance
written notice of any change to the approved schedule of Work, except that, in the case of
any Emergency, the Municipality shall provide such advance notice as is reasonably
possible in the circumstances.
3.8 Granting of Permit Deemed as Municipal Consent Required Pursuant to the
Telecommunications Act (Canada). The Municipality agrees and acknowledges that,
subject to satisfaction and performance of all terms and conditions both hereto and provided
herein and the granting and issuance of any Roads Permit authorizing installation of
Equipment as contemplated by this Agreement and in relation to a location specified therein
shall be considered and deemed to represent municipal consent to such installation as is
required pursuant to applicable laws of the Dominion of Canada, including but not limited
to the Telecommunications Act, S.C. 1993, c. 38, as amended.
4. MANNER OF WORK
4.1 Compliance with Applicable Laws, etc. All Work shall be conducted and completed to
the satisfaction of the Municipality and in accordance with:
(a) the applicable laws (and, in particular, all laws and codes relating to occupational
health and safety);
(b) the Municipal Guidelines;
(c) this Agreement; and
(d) the applicable Permits issued under Section 3.1.
provided that the applicable laws, Municipal Guidelines, this Agreement, and applicable
Permits do not conflict with federal law.
4.2 Underground Equipment. The Company shall place those portions of the Equipment that
cross beneath streets or existing buried utilities in ducts, carrier pipes or encased in
concrete, or as otherwise specified by the Municipality. Service drops are not required to
be in ducts.
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4.3 Installation. The Company shall make commercially reasonable efforts to utilize construction
methods that minimize the impact on the ROWs, including but not limited to trenchless
installation technology and single trench installation methods.
4.4 Stoppage of Work. The Municipality may order the stoppage of the Work for any bona
fide municipal purpose or cause relating to public health and safety, special events or any
circumstances beyond its control. In such circumstances, the Municipality shall provide the
Company with a verbal order and reasons to stop the Work and the Company shall cease
the Work immediately. Within two (2) business days of the verbal order, the Municipality
shall provide the Company with a written stop work order with reasons. When the reasons
for the Work stoppage have been resolved, the Municipality shall advise the Company
immediately that it can commence the Work.
4.5 Coordination of Work. To minimize the necessity for road cuts, construction and the
placement of new Equipment Within the ROW, the Company shall, where commercially
reasonable and technically practicable, coordinate its work with other existing and new
occupants of the ROW.
4.6 Identification of contractors. The Company shall ensure that all of its contractors have
proper identification visible on the Work site displaying the name of the Company for
which they work.
4.7 Emergency contact personnel. The Company and the Municipality shall provide to each
other a list of twenty-four (24) hour emergency contact personnel available at all times and
shall ensure that the list is kept current.
4.8 Emergency work by Municipality. In the event of an Emergency, the Municipality shall
as soon as reasonably practicable contact the Company and, as circumstances permit, allow
the Company a reasonable opportunity to remove, relocate, protect or otherwise deal with
the Equipment, having regard to the nature of the Emergency. Notwithstanding the
foregoing, the Municipality may take such measures it deems necessary to re-establish a safe
environment, and the Company shall pay the Municipality’s reasonable and verifiable costs that
are directly attributable to the Work or the presence of the Equipment in the ROWs.
4.9 “As-built” drawings. The Company shall, no later than ninety (90) days after completion
of any Work, provide the Municipal Engineer with accurate “as-built” drawings, prepared
in accordance with such standards as may be required by the Municipal Engineer, sufficient,
for planning purposes, to accurately establish the location of the Equipment installed
Within the ROWs. As-built drawings to be provided in electronic format suitable to be
incorporated into the Municipality’s GIS mapping. As-built information is provided a
reference only. The Municipality shall direct all inquiries regarding the location of the
Equipment to the Company. Access to Company As-Built records are for use by the
Municipality only and shall not be distributed or disclosed to other parties without prior
written consent of the Company. If the Municipality has not received the As-built drawings
from the Company within 90 calendar days following the completion of the Work, the
Equipment will be considered to be Non-Compliant Equipment.
4.10 Agents and Sub-contractors. Each Party agrees to work with the other Party directly to
resolve any issues arising from any the acts, omissions or performance of its agents and
sub-contractors.
5. REMEDIAL WORK
5.1 General. Following the completion of any Work, the Company shall leave the ROW in a
neat, clean, and safe condition and free from nuisance, all to the satisfaction of the
Municipality. Subject to Section 5.5, where the Company is required to break or disturb
the surface of a ROW to perform its Work, it shall repair and restore the disturbed surface
of the ROW to substantially similar or better condition it was in before the Work was
undertaken, all in accordance with the Municipal Guidelines and to the satisfaction of the
Municipality.
5.2 Permanent Road Restoration. If the Company has excavated, broken up or otherwise
disturbed the surface of a ROW, the Company shall restore the ROW which the Company
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has excavated, broken up or otherwise disturbed to a similar state that it was in prior to the
commencement of the Work.
5.3 Temporary repair. Where weather limitations or other external conditions beyond the
control of the Company do not permit it to complete a final repair to the ROW within the
expected period of time, the Company may complete a temporary repair to the ROW;
provided that, subject to Section 5.5, the Company replaces the temporary repair with a
final repair within a reasonable period of time. All repairs to the ROW by the Company
shall be performed in accordance with the Municipal Guidelines and to the satisfaction of
the Municipality.
If a temporary repair gives rise to an unsafe condition, then this shall be deemed to
constitute an Emergency and the provisions of Section 4.8 shall apply.
5.4 Warranty of repairs. The Company warrants its temporary repair, to the satisfaction of
the Municipality until such time as the final repair is completed by the Company, or, where
the Municipality is performing the final repair, for a period of one (1) years or until such
time as the final repair is completed by the Municipality, whichever is earlier. The
Company shall warrant its final repairs for a period of two (2) years from the date of their
completion
5.5 Repairs completed by Municipality. Where:
(a) the Company fails to complete a temporary repair to the satisfaction of the
Municipality within seventy-two (72) hours of being notified in writing by the
Municipality, or such other period as may be agreed to by the Parties; or
(b) the Company and the Municipality agree that the Municipality should perform the repair,
then the Municipality may effect such work necessary to perform the repair and the
Company shall pay the Municipality’s reasonable and verifiable direct costs of
performing the repair.
6. LOCATING FACILITIES IN ROWs
6.1. Locates. The Company agrees that, throughout the Term it shall, at its own cost, record
and maintain adequate records of the locations of its Equipment. Each Party shall, at its
own cost and at the request of the other Party (or its contractors or authorized agents),
physically locate its respective facilities by marking the ROW using paint, staking or other
suitable identification method (“Locates”), under the following circumstances:
(a) in the event of an Emergency, within two hours of receiving the request or as soon
as practicably possible, following which the requesting Party will ensure that it has
a representative on site (or alternatively, provide a contact number for its
representative) to ensure that the area for the Locates is properly identified; and
(b) in all other circumstances, within a time reasonably agreed upon by the Parties.
6.2. Provision of Mark-ups. The Parties agree to respond within fifteen (15) days to any
request from the other Party for a mark-up of municipal infrastructure or Equipment design
drawings showing the location of any portion of the municipal infrastructure or Equipment,
as the case may be, located within the portion of the ROWs shown on the plans (the “Mark-
ups”), and shall provide such accurate and detailed information as may be reasonably
required by the requesting Party.
6.3. Inaccurate Locates. Where the Company’s Locates are found to be in error, where the
actual location of the Equipment is found to meet the definition of Non-Compliant
Equipment as compared to the Locates, and, as a result, the Municipality is unable to install
its facilities Within the affected ROWs in the manner it expected based on the Locates
provided by the Company (the “Error”), the Municipality will notify the Company of
the Error, following which the
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Company shall attempt to resolve the Error. If the Company is unable to resolve the Error
in a reasonable time commensurate with the situation, the Company will pay the
Municipality for its reasonable and verifiable costs incurred as a direct result of the Error.
An Inaccurate Locate resulting from Equipment relocated due to ground movement
stemming from, among other things, weather conditions or work or activities carried out
by a Third Party, or by, or on behalf of, the Municipality, is not an Error. In the event of a
disagreement as to the existence of an Error, the parties agree to work together to determine
whether or not the Error stems from ground movement or work or activities carried out by
a Third Party, or by, or on behalf of, the Municipality. If it is determined that the conditions
of the municipal right-of-way have changed, the parties agree to be reasonable, including
with respect to the allocation of direct costs stemming from the change.
7. RELOCATION OF EQUIPMENT 7.1 Municipality Request. Where the Municipality requires and requests the Company to
relocate its Equipment for a bona fide municipal purpose, the Municipality shall notify the
Company in writing and, the Company shall complete the requested relocation within
ninety (90) days, or having regard to the nature of the relocation required, the Company
shall commence work to relocate its Equipment within a Right- of-Way.
7.2 Allocation of Cost. The responsibility for the costs incurred in relocating the Company’s
Equipment or performing such work referenced (“Relocation Costs”), where the
Municipality has made a request to the Company to relocate its Equipment as set out above
will, for the purposes of this Agreement, be based upon the following chart and include all
associated costs (labour, materials, design etc.) as well as depreciation, betterment and
recovery of costs:
Year(s) After
Installation of
Equipment
Percentage of Relocation
Costs Paid by the Municipality 1 100%
2 100% 3 100%
4 90% 5 80% 6 70% 7 65%
8 60%
9 55%
10 45%
11 40%
12 35%
13 30% 14 20% 15 10%
16 5%
17+ 0%
7.3 Exceptions.
(a) Notwithstanding section 7.2, the Municipality shall be solely responsible for paying
all costs related to equipment relocation if the relocation is for beautification or
aesthetic purposes. Such costs include, among others, depreciation, betterment, and
recovery costs.
(b) Notwithstanding section 7.2, where the Municipality has given written notice to the
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Company prior to the issuance of a Road Permit that the location of the Equipment
subject to the Road Permit will require relocation within five (5) years, and the
Company proceeds to install the equipment despite receiving such notice, then the
full cost of any relocation of the Equipment shall be at the Company’s sole expense.
7.4 [INTENTIONALLY DELETED]
7.5 Request by Third Party. Where relocation of Equipment is required due to the
Municipality accommodating a third party (hereinafter "Third Party Work"), the
required relocation or related installation work shall be conducted by the Company in
accordance with the terms of this Agreement respecting installation, and the full cost of the
amendment or Relocation shall be borne solely by the third party and paid in advance. The
Municipality agrees to provide the Company with ninety (90) days' notice of the need for
any such Third Party Work and to require that the relevant third party or parties bear the
full cost of such Third Party Work and indemnify the Company against all claims and
liabilities arising from the amendment or Relocation as a condition precedent to any such
amendment or Relocation.
7.6 Municipality efforts. Where any relocation of Equipment occurs, the Municipality will
make good faith efforts to provide alternative routes for the Equipment affected by the
relocation to ensure uninterrupted service to the Company’s customers. Once the Company
has provided the Municipality with all information the Municipality requires to enable it to
process a Permit application, the Municipality shall provide, on a timely basis, all Permits
required to allow the Company to relocate the Equipment.
7.7 Temporary Reconstruction or Realignment of Road Allowances. The Company shall,
upon reasonable prior notice to the Municipality, have the right to temporarily reconstruct
or realign certain portions of the Road Allowances in order to permit the delivery or
movement of Equipment.
7.8 Relocation performed by Municipality. If the Company fails to complete the relocation in
accordance with Section 7.1 of the Agreement, the Municipality may, at its option, upon reasonable
final notice to the Company, complete such relocation and the allocation of costs is to be determined
in accordance with Section 7.2.
8. PAYMENT OF FEES AND OTHER CHARGES 8.1 General. The Company covenants and agrees to pay to the Municipality Permit fees,
deposits and security associated with and required or reasonably demanded pursuant to this
Agreement. The security provisions are set out in Section 10 of this Agreement.
8.2 Invoices. Unless expressly provided elsewhere in this Agreement, where there are any
payments to be made under this Agreement, the Party requesting payment shall first send
a written invoice to the other Party, setting out in detail all amounts owing, including any
applicable provincial and federal taxes and interest payable on prior overdue invoices, and
the payment terms. The Parties agree that all payments shall be made in full by no later
than forty-five (45) days after the date of the invoice was received.
8.3 Payment of taxes. The Company shall pay, and shall expressly indemnify and hold the
Municipality harmless from, all taxes lawfully imposed now or in the future by the
Municipality, a local municipality within the geographic jurisdiction of the Municipality,
or all taxes, rates, duties, levies or fees lawfully imposed now or in the future by any
regional, provincial, federal, parliamentary or other governmental body, corporate
authority, agency or commission (including, without limitation, school boards and utility
commissions) but excluding the Municipality, that are attributable to the Company’s use
of a Municipality ROW.
9. TERM AND TERMINATION 9.1 Initial term and renewal. The Agreement shall have an initial term of five (5) years
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commencing on the Effective Date (“Term”). Subject to the termination rights described
in subsections 9.2, 9.3 and 9.4, and unless a Party delivers written notice of non-renewal
to the other Party at least one hundred and eighty (180) days prior to the expiration of the
then current term, the Term shall renew automatically for successive five (5) year terms.
9.2 Termination by either Party. Either Party may terminate this Agreement without further
obligation to the other Party, upon providing at least seven (7) days’ written notice in the
event of a material breach of this Agreement by the other Party after notice thereof and
failure of the other Party to remedy or cure the breach within thirty (30) days of receipt of
the notice. If, however, in the view of the non-breaching Party, it is not possible to remedy
or cure the breach within such thirty (30) day period, then the breaching Party shall
commence to remedy or cure the breach within such thirty (30) day period and shall
complete the remedy or cure within the time period stipulated in writing by the non-
breaching Party.
9.3 Termination by Municipality. The Municipality may terminate this Agreement by
providing the Company with at least seven (7) days written notice in the event that:
(a) the Company becomes insolvent, makes an assignment for the benefit of its
creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or
becomes voluntarily subject as a debtor to the provisions of the Companies’
Creditors Arrangement Act or the Bankruptcy and Insolvency Act;
(b) the Company assigns or transfers this Agreement or any part thereof other than in
accordance with Section 18.2; or
(c) the Company ceases to be eligible to operate as a Carrier.
9.4 Obligations and rights upon termination or expiry of Agreement. Notwithstanding
any other provision of this Agreement, if this Agreement is terminated (other than in
accordance with Section 9.3) or expires without renewal, then, subject to the Company’s
rights to use the ROWs pursuant to the Telecom Act and, unless the Company advises the Municipality in writing that it no longer requires the use of the Equipment:
(a) the terms and conditions of this Agreement shall remain in full force and effect until
a new replacement agreement (a “New Agreement”) is executed by the Parties; and
(b) the Parties shall enter into meaningful and good faith negotiations to execute a New
Agreement and, if, after six (6) months following the expiry of this Agreement, the
Parties are unable to execute a New Agreement, then either Party may apply to the
CRTC to establish the terms and conditions of the New Agreement.
9.5 Removing abandoned Equipment. Where the Company advises the Municipality in
writing that it no longer requires the use of any Equipment, the Company shall, at the
Municipality’s request and within a reasonable period of time as agreed to by the Parties,
act as follows at the Company’s sole cost and expense:
(a) Remove the abandoned Equipment that is above ground;
(b) Subject to (c) immediately below, make safe any underground vaults, manholes and
any other underground structures that are not occupied or used by a Third Party,
(collectively “Abandoned Underground Structures”);
(c) Where, in the reasonable opinion of the Municipal Engineer, the Abandoned
Underground Structures will interfere with any municipally-approved project that
will require excavation or otherwise disturb the portions of the ROWs in which the
Abandoned Underground Structures are located, then the Company shall, at or
about the time the excavation of such portions of the ROWs for said project
commences, remove the Abandoned Underground Structures therein.
Upon removal of the abandoned Equipment or upon the removal or making safe of
Abandoned Underground Structures, the Company shall repair any damage resulting from
such removal or making safe and restore the affected ROWs to the condition in which they
existed prior to the removal or making safe. If the Company fails to remove Equipment or
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to remove or make safe Abandoned Underground Structures and restore the ROWs within
the time specified above, and to the satisfaction of the Municipal Engineer, the
Municipality may complete said work and the Company shall pay the associated
Municipality’s Costs.
9.6 Continuing obligations. Notwithstanding the expiry or earlier termination of this
Agreement, each Party shall continue to be liable to the other Party for all payments due
and obligations incurred hereunder prior to the date of such expiry or termination.
10. INSURANCE AND SECURITY 10.1 General. Throughout the term of this Agreement and any renewals or extension thereto,
the Company shall maintain, at its sole expense, insurance (the “Company Insurance”) in
an amount and description as described below to protect the Company and the Municipality;
solely to the extent of the Municipality’s rights as additional insured under the
comprehensive general liability occurrence-based insurance, from claims for damages,
bodily injury (including death) and property damage which may arise from the Company’s
operations under this Agreement, including the use or maintenance of the Equipment
Within the ROWs or any act or omission of the Company and its employees, contractors
and agents while engaged in the Work. The Company Insurance shall include all costs,
charges and expenses reasonably incurred with any injury or damage.
10.2 Commercial general liability occurrence-based insurance. Without limiting the
generality of the foregoing, the Company shall obtain and maintain comprehensive general
liability occurrence-based insurance coverage which:
(a) covers claims and expenses for liability for personal injury, bodily injury and
property damage in an amount not less than Five Million Dollars ($5,000,000.00)
per occurrence (exclusive of interest and costs). Excess of umbrella insurance may
be used to achieve the required insured limits;
(b) include the Municipality as an additional insured under the comprehensive general liability occurrence-based insurance policy (except for non-owned automobile liability);
(c) contains cross liability and severability of interest clauses.
10.3 Insurance certificates. As soon as possible after the execution of this Agreement, the
Company shall provide the Municipality with certificates of insurance in respect of the
required comprehensive general liability occurrence-based insurance evidencing the cross
liability and severability clauses and confirming the Municipality as an “additional
insured”. Thereafter, the Company shall provide the Municipality with evidence of all
renewals upon request.
10.4 General insurance conditions.
(a) The Company Insurance shall not be construed to, and shall in no manner, limit or
restrict the Company’s liability or obligations under this Agreement.
(b) The Municipality shall not be liable for any premiums relating to policies under the
Company Insurance.
(c) The policies under the Company Insurance shall provide:
(i) that they are primary insurance which will not call into contribution any
other insurance available to the Municipality;
(ii) a waiver for severability of interest; and
(iii) that the Company Insurance shall not be cancelled, lapsed or materially
changed to the detriment of the Municipality without at least thirty (30)
business days’ notice to the Municipality by mail.
(d) The Company will immediately notify the Municipality of any changes to or
cancellation of the Company Insurance if they will directly affect or reduce the
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coverage made available to the Municipality.
10.5 Workplace Safety and Insurance Board. The Company shall provide Workplace Safety
and Insurance Board (“WSIB)” clearance certificate that confirms the Company is in good
standing with the WSIB. The Company shall ensure the WSIB clearance remains in effect
when the Company’s personnel are working within the ROWs.
10.6 Security. Every time the Company fails to comply with the terms and conditions of this
Agreement, the Municipality shall provide written notice to the Company of its non-
compliance whereupon the Municipality may suspend the Permit until a Resolution Plan
in respect to curing the non-compliance is agreed to by the Company and the Municipality
in writing. Starting on the second event of non-compliance, the Company shall deposit
security in the form of a Letter of Credit with the Municipality, naming the Municipality
as beneficiary, within five (5) business days of the Resolution Plan being agreed to by the
Company and the Municipality. The amount of security shall be determined by the
Municipality, having regard to an amount that is proportional to the work being undertaken,
and in no case shall the security be less than ten thousand ($10,000) dollars unless agreed
to by the parties. The Company shall deposit with the Municipality only one Letter of
Credit per the Permit, regardless of the number of non-compliances associated with a given
Permit.
10.7. Security. If any non-compliance is not cured within ten (10) business days of the
Resolution Plan being agreed to by the Company and the Municipality, the Municipality
may draw on the Letter of Credit the amount required to cover the Municipality’s
reasonable costs to cure the non-compliances. The security, or remaining of, if any, shall
be released by the Municipality within fifteen (15) business days after the Municipality’s
acceptance of the completion of the Company's final restoration Work to the ROW
associated with the Permit.
11. RESPONSIBILITY AND INDEMNIFICATION 11.1 No liability Municipality. The Company hereby acknowledges that the placement,
installation, construction, reconstruction, inspection, maintenance, operation, alteration,
enlarging, repair, replacement, relocation and/or removal of the Equipment by the
Company is performed entirely at the risk of the Company and that the Municipality shall
in no way or under
any circumstances be responsible or liable to the Company, its contractors, agents, or
customers for any damage or losses in consequence thereof, unless due to the negligence
or willful misconduct of the Municipality or those for whom at law it is responsible.
11.2 Company Indemnity. Subject to subsection 11.5, the Company hereby releases,
indemnifies, completely holds harmless, and agrees to defend the Municipality, its
Councillors, officers, employees, legal counsel, agents and contractors, from and against
any and all Third Party suits, judgments, claims, demands, expenses, actions, causes of
action, duties, assessments, fees, penalties, liabilities, losses and costs which the
Municipality and its successors and assigns may at any time or times hereafter bear, sustain,
or suffer as a result of the negligence or willful misconduct of the Company or of those for
whom it is responsible at law..
11.3 Municipality Acknowledgement. The Municipality hereby acknowledges that it is
responsible for its negligence and willful misconduct and the negligence and willful
misconduct of those for whom it is responsible for at law.
11.4 Municipality Indemnity. Subject to subsection 11.5, the Municipality hereby releases,
indemnifies, completely holds harmless, and agrees to defend the Company, its officers,
employees, legal counsel, agents and contractors, from and against any and all Third Party
suits, judgments, claims, demands, expenses, actions, causes of action, duties, assessments,
fees, penalties, liabilities, losses and costs which the Company and its successors and
assigns may at any time or times hereafter bear, sustain, suffer, be put to or incur as a result
of the negligence or willful misconduct of the Municipality or of those for whom it is
responsible at law.
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11.5 No liability, both Parties. Notwithstanding any other provision in this Agreement, neither
Party shall be liable to any person in any way for special, incidental, indirect, consequential,
exemplary, or punitive damages, including damages for pure economic loss or failure to realize expected profits, howsoever caused, or contributed to, in connection with this Agreement and the performance or non-performance of its obligations hereunder
11.6 Survival. The obligation of a Party to indemnify, defend and save harmless the other Party
shall survive the termination or expiry of this Agreement.
12. ENVIRONMENTAL LIABILITY
12.1. Municipality not responsible. The Municipality is not responsible, either directly or
indirectly, for any damage to the natural environment or property, including any nuisance,
trespass, negligence, or injury to any person, howsoever caused, arising from the presence,
deposit, escape, discharge, leak, spill or release of any Hazardous Substance in connection
with the Company’s occupation or use of the ROWs, unless such damage was caused
directly or indirectly by the negligence or willful misconduct of the Municipality or those
for which it is responsible in law.
12.2. Company to assume environmental liabilities. The Company agrees to assume all
environmental liabilities, claims, fines, penalties, obligations, costs or expenses whatsoever
relating to its use of the ROWs, including, without limitation, any liability for the clean-
up, removal or remediation of any Hazardous Substance on or under the ROWs that result
from:
(a) the occupation, operations or activities of the Company, its contractors, agents or
employees or by any person with the express or implied consent of the Company
Within the ROWs; or
(b) any Equipment brought or placed Within the ROWs by the Company, its
contractors, agents or employees or by any person with the express or implied
consent of the Company;
unless such damage was caused directly or indirectly in whole or in part by the negligence
or willful misconduct on the part of the Municipality or those for which it is responsible in
law.
The Municipality agrees to provide notice to the Company of any liability arising under this provision in a reasonable period of time after the occurrence. For clarity, the Company shall not be liable in any manner for any events which occurred before the Equipment occupied
the ROW.
13. NO JOINT VENTURE, PARTNERSHIP OR CO-OWNERSHIP
13.1 No Joint Venture. The Parties hereby acknowledge and agree that this Agreement is solely
an access agreement and that no relationship is formed between the Parties in the nature of
a joint venture, partnership co-ownership arrangement or other similar relationship.
14. FORCE MAJEURE
14.1 Force Majeure. Except for the Parties’ obligations to make payments to each other under
this Agreement, neither Party shall be liable for a delay in its performance or its failure to
perform hereunder due to causes beyond its reasonable control, including, but not limited
to, acts of God, fire, flood, or other catastrophes; government, legal or statutory restrictions
on forms of commercial activity; or order of any civil or military authority; national
emergencies, insurrections, riots or wars or strikes, lock-outs or work stoppages (“Force
Majeure”). In the event of any one or more of the foregoing occurrences, notice shall be
given by the Party unable to perform to the other Party and the Party unable to perform
shall be permitted to delay its performance for so long as the occurrence continues. Should
the suspension of obligations due to Force Majeure exceed two (2) months, either Party
may terminate this Agreement without liability upon delivery of notice to the other Party.
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15. DISPUTE RESOLUTION
15.1 General. The Parties hereby acknowledge and agree that:
(a) this Agreement has been entered into voluntarily by the Parties with the intention
that is shall be final and binding on the Parties until it is terminated or expires in
accordance with its terms;
(b) it is the intention of the Parties that all Disputes (as defined in subsection 15.2) be
resolved in a fair, efficient, and timely manner without incurring undue expense
and, wherever possible, without the intervention of the CRTC; and
(c) the CRTC shall be requested by the Parties to consider and provide a decision
only with respect to those matters which form the basis of the original Dispute as
set out in the Dispute Notice issued under this Section 15.
15.2 Resolution of Disputes. The Parties will attempt to resolve any dispute, controversy, claim
or alleged breach arising out of or in connection with this Agreement (“Dispute”) promptly
through discussions at the operational level. In the event a resolution is not achieved, the
disputing Party shall provide the other Party with written notice of the Dispute and the
Parties shall attempt to resolve such Dispute between senior officers who have the authority
to settle the Dispute. All negotiations conducted by such officers shall be confidential and
shall be treated as compromise and settlement negotiations. If the Parties fail to resolve the
Dispute within thirty (30) days of the non-disputing Party’s receipt of written notice, either
Party may initiate legal proceedings and/or submit the Dispute to the CRTC for resolution.
15.3 Continued performance. Except where clearly prevented by the nature of the Dispute, the
Municipality and the Company agree to continue performing their respective obligations
under this Agreement while a Dispute is subject to the terms of this Section 15.
16. NOTICE 16.1 Method of Notice. Any notice required may be sufficiently given by personal delivery or,
if other than the delivery of an original document, by facsimile transmission or electronic (e-
mail) transmission, to either Party at the following addresses:
To the Municipality: Corporation of the Municipality of Bayham
Attn: CAO
56169 Heritage Line, Box 160
Straffordville, ON N0J 1Y0 cao@bayham.on.ca
To Xplore Inc.: Xplore Inc. Attn: Vice President, Legal 625 Cochrane Drive Suite 1000, Markham, ON L3R 9R9
Email: legal@xplore.ca With a copy to: Xplore Inc. Attn: Vice President, Network Build
625 Cochrane Drive Suite 1000, Markham, ON L3R 9R9 Email: Chris.Tsakopoulos@xplore.ca
To Xplore Inc.: Xplore Inc. Attn: Vice President, Legal
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625 Cochrane Drive
Suite 1000, Markham, ON
L3R 9R9 Email: legalxplorefibre@xplore.ca With a copy to:
Xplore Inc.
Attn: Vice President, Network Build 625 Cochrane Drive Suite 1000, Markham, ON L3R 9R9
Email: Chris.Tsakopoulos@xplore.ca
16.2 Delivery of Notice. Any notice given pursuant to Section 16.1 shall be deemed to have
been received on the date on which it was delivered in person, or, if transmitted by facsimile
or electronic transmission during the regular business hours of the Party receiving the
notice, on the date it was transmitted, or, if transmitted by facsimile outside regular business
hours of the Party receiving the notice, on the next regular business day of the Party
receiving the notice; provided, however, that either Party may change its address and/or
facsimile number for purposes of receipt of any such communication by giving ten
(10) days’ prior written notice of such change to the other Party in the manner described
above. Any notice may also be given by email at the email addresses noted in Section 16.1.
Notice by email shall be effective on the date of its delivery.
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17. FOREIGN CORRUPT PRACTICES ACT AND ANTI-BRIBERY INDEMNITY
17.1 Notwithstanding anything to the contrary herein, the Municipality, in its administration of
this Agreement, shall refrain from offering, giving or promising, directly or indirectly,
money or anything of value to a Canadian or foreign governmental official to influence the
official in his or her official capacity, induce the official to do or omit to do an act in
violation of his or her lawful duty, or to secure any improper advantage in order to assist
in obtaining or retaining business for or with, or directing business to, any person. For the
purposes of this Section, "anything of value" includes, but is not limited to, cash or a cash
equivalent, discounts, gifts, use of materials, facilities or equipment, entertainment, drinks,
meals, transportation, lodging, insurance benefits, or promise of future employment.
"Governmental official" shall mean any person holding any level of legislative,
administrative, or judicial office of the Canadian or a foreign government or any of its
departments or agencies or divisions; any person acting on behalf of the Canadian or a
foreign government, including a local or provincial agency, enterprise, or organization; any
official or agent of a Canadian or a foreign public administration or publicly funded
organization; any official of a Canadian or a foreign political party; any officer or agent of
a public international organization (e.g., World Bank, International Monetary Fund, World
Health Organization, United Nations, World Trade Organization); or any relatives or close
family/household members of any of those listed above. The Municipality shall indemnify
and hold harmless the Company from all claims brought against the Company as a result of
the Municipality or its representatives' failure to comply with Anti-Bribery Law. The
Municipality shall immediately report any breach of Anti-Bribery Law by the Municipality
or its representatives. The Municipality shall immediately report any breach of Anti-
Bribery Law by the Municipality or its representatives'. The Company shall have the right to
audit the Municipality’s books and records with respect to payments made on behalf of the
Company in the event that the Company believes that the Municipality has violated this Section 17.
The Company shall have the right to immediately terminate all payments to the Municipality under
this Agreement if the Municipality fails to comply with this Section 17.
18. GENERAL
18.1 Entire Agreement. This Agreement, together with the Schedules attached hereto,
constitute the complete and exclusive statement of the understandings between the Parties
with respect to the rights and obligations hereunder and supersedes all proposals and prior
agreements, oral or written, between the Parties.
18.2 Assignment. This Agreement may not be assigned or transferred, in whole or in part,
without the prior written consent of the other Party. Notwithstanding the foregoing, the
Company shall, provided that it is not in material breach of this Agreement, have the right
to assign this Agreement to an Affiliate, or in connection with an acquisition, corporate
reorganization, or sale of all or substantially all of its assets, without the consent of the
Municipality, provided that the Company provides reasonable notice to the Municipality
and the assignor agrees to be bound by all terms and conditions set out in this Agreement.
18.3 Gender and number. In this Agreement, words importing the singular include the plural
and vice versa, words importing gender, include all genders.
18.4 Currency. Unless otherwise indicated, references in this Agreement to money amounts are
to the lawful currency of Canada.
18.5 Parties to act reasonably. Each Party shall at all times act reasonably in the performance
of its obligations and the exercise of its rights and discretion under this Agreement.
18.6 Amendments. Except as expressly provided in this Agreement, no modification of or
amendment to this Agreement shall be effective unless agreed to in writing by the
Municipality and the Company.
18.7 Survival. The terms and conditions contained in this Agreement that by their sense and
context are intended to survive the performance thereof by the Parties hereto shall so
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survive the completion of performance, the expiration and termination of this Agreement,
including, without limitation, provisions with respect to indemnification and the making of
any and all payments due hereunder.
18.8 Waiver. Failure by either Party to exercise any of its rights, powers or remedies hereunder
or its delay to do so shall not constitute a waiver of those rights, powers or remedies. The
single or partial exercise of a right, power or remedy shall not prevent its subsequent
exercise or the exercise of any other right, power or remedy.
18.9 Severability. If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall attach only to
such provision and everything else in this Agreement shall continue in full force and effect.
18.10 Enurement. This Agreement is and shall be binding upon and inure to the benefit of the
Parties hereto and their respective legal representatives, successors, and permitted assigns,
and may not be changed or modified except in writing, duly signed by the Parties hereto.
18.11 Counterparts: This Agreement may be executed by the Parties, may be executed by
electronic signature, and may be delivered by facsimile or PDF transmission and in one or
more counterparts which when held together shall be considered one and the same
Agreement.
18.12 Equitable Relief. Either Party may, in addition to any other remedies it may have at law
or equity, seek equitable relief, including without limitation, injunctive relief, and specific
performance to enforce its rights or the other party’s obligations under this Agreement.
18.13 Governing law. This Agreement shall be governed by the laws of the Province of Ontario
and all federal laws of Canada applicable therein.
[ONE (1) ENDORSEMENT PAGE FOLLOWS]
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IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date(s)
set out below and the Parties agree that this Agreement shall be effective on the date as set out at
the top of page one (1) of this Agreement.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Date: ,
Per:
Title:
Per:
Title:
We have the authority to bind the Corporation
XPLORE INC. Date:
Per:
Title:
Per:
Title:
I have the authority to bind the Corporation
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SCHEDULE "A"
Permits required by the Municipality
Telecommunication Equipment Consent and Road User Agreement
WORK ACTIVITY MC RP Notification
only
No Permit or
Notification
Road occupation that causes no disruption to traffic or pedestrian flow to perform Work
X
Work that requires oversize or overweight vehicles X
Road Occupancy that involves the temporary closure of a vehicle travel lane, parking lane to perform Work
X
Emergency Work with no Excavation, no utilization of trees and
or other municipal infrastructure as a support structure
X
Any installation of Equipment that requires Excavation1 in the
ROW, including:
− the installation of buried Equipment crossing a road;
− the installation of new Above-ground Plant;
− the relocation of buried Equipment or Above-ground
Equipment;
− the replacement of existing Above-ground Equipment with
equipment that is significantly larger; and
− the installation of buried Service Drops that cross a road or
a break a hard surface of the ROW.
X
X
The installation of aerial Equipment (excluding aerial Service
Drops)
X
Tree trimming on ROWs X
The replacement of existing above-ground Equipment without
adding more Equipment or significantly increasing its size (pole replacements excluded)
X
The installation of buried Service Drops that do not cross a road
or break the hard surface of a ROW
X
Pulling cable through existing underground duct X
The installation of or repair to aerial Service Drops X
The maintenance, testing and repair of Equipment where there
is minimal physical disturbance or changes to the ROW
X
Any other Work activity agreed to by the Municipality X
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TELECOMMUNICATIONS EQUIPMENT CONSENT and ROAD USER AGREEMENT This Agreement made effective the day of , 2024 (the Effective Date). B E T W E E N: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereafter the “Municipality”) OF THE FIRST PART -and- XPLORE FIBRE L.P. (hereafter the “Company”) OF THE SECOND PART WHEREAS:
A. The Company is a “telecommunications common carrier” as defined in the
Telecommunications Act, S.C. 1993, c.38 (“Telecom Act”) or “distribution
undertaking” as defined in the Broadcasting Act, S.C. 1991, c.11 (collectively, a
“Carrier”) and is subject to the jurisdiction of the Canadian Radio-television and
Telecommunications Commission (the “CRTC”);
B. In order to operate as a Carrier, the Company requires to construct, maintain and operate
its Equipment in, on, over, under, across or along (“Within”) the highways, streets,
road allowances, lanes, bridges or viaducts which are under the jurisdiction of the
Municipality (collectively, the “Rights-of-Way” or “ROWs”);
C. Pursuant to section 43 of the Telecom Act, the Company requires the Municipality’s
consent to construct its Equipment Within the ROWs and the Municipality is willing
to grant the Company a non-exclusive right to construct within the ROWs provided that
it shall not unduly interfere with the public use and enjoyment of the ROW or other
public place, including any rights or privileges previously conferred or conferred after
the Effective date by the Municipality on Third Parties to use or access the ROWs;
NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained
herein, the Parties agree and covenant with each other as follows:
1. DEFINITIONS AND INTERPRETATION 1.1 Definitions. In this Agreement, the following words and phrases shall have the following
meanings:
(a) “Affiliate” means “affiliate” as defined in the Canada Business Corporations Act;
(b) “Anti-Bribery Law” means the Canadian Corruption of Foreign Public Officials
Act;
(c) “Municipal Engineer” means the Municipality’s reviewing authority or the
individual designated by him or her;
(d) “CRTC” means the Canadian Radio-television and Telecommunications
Commission.
(e) “Emergency” means an unforeseen situation where immediate action must be
taken to preserve the environment, public health, safety or an essential service of
either of the Parties;
(f) “Equipment” means the transmission and distribution facilities owned by the
Company and/or its Affiliates, comprising fibre optic, coaxial or other nature or
form of cables, pipes, conduits, poles, ducts, manholes, handholds and ancillary
structures and equipment located Within the ROWs;
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(g) “Hazardous Substance” means any harmful substance including, without
limitation, electromagnetic or other radiation, contaminants, pollutants, dangerous
substances, dangerous goods and toxic substances, as defined, judicially interpreted
or identified in any applicable law (including the common law);
(h) “Municipal Consent” or “MC” means the written consent of the Municipality,
with or without conditions, to allow the Company to perform Work Within the
ROWs that requires the excavation or breaking up of the ROWs (as more particularly
described in Schedule “B” to this Agreement);
(i) “Non-Compliant Equipment” means:
(i) Equipment installed without a Permit.
(ii) For all Equipment installed on or after the Effective Date, Equipment that
is not compliant with the alignment approved by the Municipality because
the placement of the Equipment is greater than a distance of 1m horizontally
(centre-line to centre-line) from the location approved by the Municipality,
and, the placement of such Equipment has a material impact on the
Municipality’s ability to manage or use its ROWs; or,
(iii) Equipment installed prior to the Effective Date of this Agreement is
assumed to be compliant. However, Equipment installed prior to the
Effective Date may be deemed Non-Compliant by the Municipality if
unapproved deviations from the approved alignment have a material impact
on the Municipality’s ability to manage or use its ROWs; or,
(iv) As otherwise defined within the Agreement.
(j) “Permit” means a Municipal Consent or a Road Permit or both;
(k) “Relocation Notice” means a written notice given by the Municipality to the Company identifying the specific location and reason for the relocation and directing the Company to relocate the Equipment designated in the notice to another reasonable location in the ROW(s).
(l) “Road Permit” means a Permit issued by the Municipality that, generally, is
required to authorize the Company to conduct Work that includes any activity that involves a deployment of its workforce, vehicles and other equipment in the ROWs which may interfere with the public use and enjoyment of the ROW for the duration of the Work when performing the Work.(as more particularly described in Schedule
“B” to this Agreement);
(m) “Service Drop” means a cable that, by its design, capacity and relationship to other
fibre optic cables of the Company can be reasonably considered to be for the sole
purpose of connecting backbone of the Equipment to not more than one individual
customer or building point of presence;
(n) “Term” means as defined in section 9.1.
(o) “Third Party” means any person that is not a party to this Agreement nor an
Affiliate of either Party, and includes any person that attaches its facilities in, on or
to the Equipment under an agreement with the Company;
(p) “Work” means, but is not limited to, any installation, removal, construction,
maintenance, repair, replacement, relocation, removal, operation, adjustment or
other alteration of the Equipment performed by the Company Within the ROWs,
including the excavation, repair and restoration of the ROWs.
(q) “Xplore Fibre L.P.” means Xplore Fibre L.P. and its Affiliates.
1.2 Legislation. All references to statutes in this Agreement shall include amendments thereto,
regulations thereof, and successor legislation thereafter.
1.3 Recitals, Schedules and Incorporated Documents. The beginning part of this Agreement
entitled “Recitals”, and Schedule “A” as identified below, and the By-laws and Municipal
Policies referred to in this Agreement are hereby incorporated by reference into this
Agreement and form part thereof:
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Schedule “A” – Permits required by the Municipality
2. USE OF ROWs
2.1 Consent to use ROWs. The Municipality hereby consents to the Company’s use of the
ROWs for the purpose of performing its Work, subject to the terms and conditions of this
Agreement and in accordance with all applicable laws or other municipal by-laws, rules,
policies, standards and guidelines (“Municipal Guidelines”) pertaining to the Equipment
and the use of the ROWs; to the extent, however, that any municipal laws and the Municipal
Guidelines are not inconsistent or in conflict with this Agreement or with applicable federal
laws.
2.2 Restrictions on use. The Company shall not, in the exercise of its rights under this
Agreement, unduly interfere with municipal operations, equipment or installations on the
ROWs and the public use and enjoyment of the ROWs, nor any rights or privileges
previously conferred or conferred after the Effective Date by the Municipality on Third
Parties to use or access the ROWs
2.3 Equipment acquired by the Company. The Parties agree that, where the Company
acquires, or has acquired, directly or indirectly, facilities from a Third Party that are located
Within the ROWs (the “New Equipment”), then, effective the day of the acquisition of the
New Equipment by the Company:
(a) the New Equipment shall form part of the Equipment and shall be governed by the
terms and conditions of this Agreement; and
(b) where that Third Party is a Party to a valid and existing Road User Agreement with
the Municipality (the “RUA”) and the Company, directly or indirectly, acquires the
rights and obligations under the said RUA, the RUA shall be terminated.
2.4 No ownership rights. The Parties acknowledge and agree that:
(a) the use of the ROWs under this Agreement shall not create nor vest in the Company
any ownership or property rights in the ROWs; and
(b) the placement of the Equipment Within the ROWs shall not create or vest in the
Municipality any ownership or property rights to the Equipment.
2.5 Condition of ROWs. The Municipality makes no representations or warranties as to the
state of repair of the ROWs or the suitability or fitness of the ROWs for any business,
activity or purpose whatsoever, and the Company hereby agrees to accept the ROWs on an
“as is” basis.
2.6 Non-Compliant Equipment. The Municipality bears no liability or responsibility for
relocation costs of all of the following:
(a) Non-Compliant Equipment;
(b) Third Party telecommunications equipment attached to the Company’s Non-
Compliant Equipment; and
(c) any damages, liabilities, re-design costs and associated delay costs incurred by
other occupiers of a Municipality ROW resulting from the Company’s Non-Compliant Equipment.
If the Municipality identifies the existence of Non-Compliant Equipment, the
Municipality will issue a Notice of Non-Compliance to the Company. If the Non-
Compliant Equipment interferes with the Municipality’s ability to manage, administer,
use or operate its ROWs, including but not limited to installing its own facilities,
permitting third-parties to install facilities, or undertaking permit reviews and potential
permit approvals for same, as determined in its sole discretion, and the Municipality
requires the Non-Compliant Equipment to be relocated, the Municipality will send a
Relocation Notice to the Company requesting relocation of the Non-Compliant
Equipment and the Company must relocate the Equipment as follows:
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(i) above ground Equipment must be relocated within 90 days of the Company
receiving a Relocation Notice from the Municipality, or within such other time as
agreed to by the Parties taking into account the circumstances of the relocation;
(ii) below ground Equipment must be relocated within 180 days of the Company
receiving a Relocation Notice from the Municipality, or within such other time as
agreed to by the Parties taking into account the circumstances of the relocation,
such Relocation Notice to be issued by the Municipality only in the event the
Municipality approves plans to re-open the site where the Non-Compliant
Equipment is located;
Prior to removal or relocation of Non-Compliant Equipment, the Company must obtain a
new alignment approval from the Municipality. Where any relocation of Non-Compliant
Equipment occurs, the Municipality will make good faith efforts to provide alternative
routes for the Non-Compliant Equipment. Once the Company has provided the
Municipality with all information the Municipality requires to enable it to process a
Permit application, the Municipality shall process the Permit.
If the Company fails to remove or relocate Non-Compliant Equipment as a result of
receiving a Relocation Notice from the Municipality, the Municipality may, in its sole and
unfettered discretion, complete the removal or relocation and any associated restoration
and the Company must pay to the Municipality all reasonable and verifiable costs related
to the relocation and restoration.
3. APPLICABLE PERMITS
3.1 Permits.
(a) Subject to Section 3.2 and 3.6, the Company shall not occupy, excavate, break up,
disturb, or move oversized or overweight vehicles within a Municipality ROW,
where a Permit is required in accordance with this Agreement as set out in Schedule
“B”, without first obtaining such Permit.
(b) For each Permit required above, where applicable, the Company shall submit to the
Municipality a completed application, in a form specified by the Municipality as well as
any Security required under this Agreement. (c) Subject to Section 3.4, the Municipality will make best efforts to issue the applicable Permits within 21 days of receiving a complete Application, or such other time as agreed to by the Parties having regard to the complexity of the Work covered by the Application
and the volume of Permit Applications before the Municipality at that time. Should the Municipality not issue a Permit within 21 days of receiving a complete Application, the Municipality agrees to provide an estimate of the date on which the Company can expect to issue such Permit(s).
3.2 No Permits for routine Work. [Intentionally Deleted - See instead Schedule “B”]
3.3 Expiry of Permit. In the event that the Company has not commenced construction of the
approved Work associated with a particular Permit within one (1) year of the date of
issuance of the Permit and has not sought and received an extension to the Permit from the
Municipality, which extension shall not be unreasonably withheld, the Permit shall be null
and void. In such circumstances, any fees paid by the Company in respect of the expired
Permit shall not be refunded and the Company must obtain a new Permit for the Work.
3.4 Submission of plans. Unless otherwise agreed to by the Municipality, the Company shall,
prior to undertaking any Work that requires a Municipal Consent, submit the following to
the Municipal Engineer:
(a) construction plans of the proposed Work, showing the locations of the proposed
and existing Equipment and other facilities, and specifying the boundaries of the
area within the Municipality within which the Work is proposed to take place;
(b) Traffic control plans for the protection of the workers, public and traveling public
including detours as required to minimize traffic disruption; and
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(c) all other relevant plans, drawings and other information as may be normally
required by the Municipal Engineer from time to time for the purposes of issuing
Permits.
3.5 Refusal to issue Permits. The Municipality may refuse to issue a Permit in accordance
with Section 3.1 for any bona fide municipal purpose, including but not limited to reasons
of public safety and health, conflicts with existing infrastructure, proposed road
construction, or the proper functioning of public services, all as identified in writing by the
Municipality, having regard to the public interest in having access to communications,
including 911 access services. The Municipality shall make good faith effort to provide
consent to alternative suggestions, wherever possible, for routing the Equipment Within
the ROW to assist the Company in its efforts to facilitate the installation of its Equipment.
3.6 Restoration of the Company’s service during Emergencies. Notwithstanding Section
3.1, in the event of an Emergency, the Company shall be permitted to perform such
remedial Work as is reasonably necessary to restore its services without complying with
Section 3.1; provided that such Work does not unduly disrupt any Municipal service or
activity and provided that the Company provides notice of the Work within five (5)
business days of completing the Work.
3.7 Temporary changes by Municipality. Notwithstanding any other provision in this
Agreement, the Municipality reserves the right to set, adjust or change the approved
schedule of Work by the Company for the purpose of coordinating or managing any major
events or activities, including the restriction of any Work during those restricted time
periods; provided however, that any such adjustment or change shall be conducted so as
minimize interruption to the Company’s operations. The Municipality shall use its
commercially reasonable efforts to provide to the Company forty-eight (48) hours advance
written notice of any change to the approved schedule of Work, except that, in the case of
any Emergency, the Municipality shall provide such advance notice as is reasonably
possible in the circumstances.
3.8 Granting of Permit Deemed as Municipal Consent Required Pursuant to the
Telecommunications Act (Canada). The Municipality agrees and acknowledges that,
subject to satisfaction and performance of all terms and conditions both hereto and provided
herein and the granting and issuance of any Roads Permit authorizing installation of
Equipment as contemplated by this Agreement and in relation to a location specified therein
shall be considered and deemed to represent municipal consent to such installation as is
required pursuant to applicable laws of the Dominion of Canada, including but not limited
to the Telecommunications Act, S.C. 1993, c. 38, as amended.
4. MANNER OF WORK
4.1 Compliance with Applicable Laws, etc. All Work shall be conducted and completed to
the satisfaction of the Municipality and in accordance with:
(a) the applicable laws (and, in particular, all laws and codes relating to occupational
health and safety);
(b) the Municipal Guidelines;
(c) this Agreement; and
(d) the applicable Permits issued under Section 3.1.
provided that the applicable laws, Municipal Guidelines, this Agreement, and applicable
Permits do not conflict with federal law.
4.2 Underground Equipment. The Company shall place those portions of the Equipment that
cross beneath streets or existing buried utilities in ducts, carrier pipes or encased in
concrete, or as otherwise specified by the Municipality. Service drops are not required to
be in ducts.
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4.3 Installation. The Company shall make commercially reasonable efforts to utilize construction
methods that minimize the impact on the ROWs, including but not limited to trenchless
installation technology and single trench installation methods.
4.4 Stoppage of Work. The Municipality may order the stoppage of the Work for any bona
fide municipal purpose or cause relating to public health and safety, special events or any
circumstances beyond its control. In such circumstances, the Municipality shall provide the
Company with a verbal order and reasons to stop the Work and the Company shall cease
the Work immediately. Within two (2) business days of the verbal order, the Municipality
shall provide the Company with a written stop work order with reasons. When the reasons
for the Work stoppage have been resolved, the Municipality shall advise the Company
immediately that it can commence the Work.
4.5 Coordination of Work. To minimize the necessity for road cuts, construction and the
placement of new Equipment Within the ROW, the Company shall, where commercially
reasonable and technically practicable, coordinate its work with other existing and new
occupants of the ROW.
4.6 Identification of contractors. The Company shall ensure that all of its contractors have
proper identification visible on the Work site displaying the name of the Company for
which they work.
4.7 Emergency contact personnel. The Company and the Municipality shall provide to each
other a list of twenty-four (24) hour emergency contact personnel available at all times and
shall ensure that the list is kept current.
4.8 Emergency work by Municipality. In the event of an Emergency, the Municipality shall
as soon as reasonably practicable contact the Company and, as circumstances permit, allow
the Company a reasonable opportunity to remove, relocate, protect or otherwise deal with
the Equipment, having regard to the nature of the Emergency. Notwithstanding the
foregoing, the Municipality may take such measures it deems necessary to re-establish a safe
environment, and the Company shall pay the Municipality’s reasonable and verifiable costs that
are directly attributable to the Work or the presence of the Equipment in the ROWs.
4.9 “As-built” drawings. The Company shall, no later than ninety (90) days after completion
of any Work, provide the Municipal Engineer with accurate “as-built” drawings, prepared
in accordance with such standards as may be required by the Municipal Engineer, sufficient,
for planning purposes, to accurately establish the location of the Equipment installed
Within the ROWs. As-built drawings to be provided in electronic format suitable to be
incorporated into the Municipality’s GIS mapping. As-built information is provided a
reference only. The Municipality shall direct all inquiries regarding the location of the
Equipment to the Company. Access to Company As-Built records are for use by the
Municipality only and shall not be distributed or disclosed to other parties without prior
written consent of the Company. If the Municipality has not received the As-built drawings
from the Company within 90 calendar days following the completion of the Work, the
Equipment will be considered to be Non-Compliant Equipment.
4.10 Agents and Sub-contractors. Each Party agrees to work with the other Party directly to
resolve any issues arising from any the acts, omissions or performance of its agents and
sub-contractors.
5. REMEDIAL WORK
5.1 General. Following the completion of any Work, the Company shall leave the ROW in a
neat, clean, and safe condition and free from nuisance, all to the satisfaction of the
Municipality. Subject to Section 5.5, where the Company is required to break or disturb
the surface of a ROW to perform its Work, it shall repair and restore the disturbed surface
of the ROW to substantially similar or better condition it was in before the Work was
undertaken, all in accordance with the Municipal Guidelines and to the satisfaction of the
Municipality.
5.2 Permanent Road Restoration. If the Company has excavated, broken up or otherwise
disturbed the surface of a ROW, the Company shall restore the ROW which the Company
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has excavated, broken up or otherwise disturbed to a similar state that it was in prior to the
commencement of the Work.
5.3 Temporary repair. Where weather limitations or other external conditions beyond the
control of the Company do not permit it to complete a final repair to the ROW within the
expected period of time, the Company may complete a temporary repair to the ROW;
provided that, subject to Section 5.5, the Company replaces the temporary repair with a
final repair within a reasonable period of time. All repairs to the ROW by the Company
shall be performed in accordance with the Municipal Guidelines and to the satisfaction of
the Municipality.
If a temporary repair gives rise to an unsafe condition, then this shall be deemed to
constitute an Emergency and the provisions of Section 4.8 shall apply.
5.4 Warranty of repairs. The Company warrants its temporary repair, to the satisfaction of
the Municipality until such time as the final repair is completed by the Company, or, where
the Municipality is performing the final repair, for a period of one (1) years or until such
time as the final repair is completed by the Municipality, whichever is earlier. The
Company shall warrant its final repairs for a period of two (2) years from the date of their
completion
5.5 Repairs completed by Municipality. Where:
(a) the Company fails to complete a temporary repair to the satisfaction of the
Municipality within seventy-two (72) hours of being notified in writing by the
Municipality, or such other period as may be agreed to by the Parties; or
(b) the Company and the Municipality agree that the Municipality should perform the repair,
then the Municipality may effect such work necessary to perform the repair and the
Company shall pay the Municipality’s reasonable and verifiable direct costs of
performing the repair.
6. LOCATING FACILITIES IN ROWs
6.1. Locates. The Company agrees that, throughout the Term it shall, at its own cost, record
and maintain adequate records of the locations of its Equipment. Each Party shall, at its
own cost and at the request of the other Party (or its contractors or authorized agents),
physically locate its respective facilities by marking the ROW using paint, staking or other
suitable identification method (“Locates”), under the following circumstances:
(a) in the event of an Emergency, within two hours of receiving the request or as soon
as practicably possible, following which the requesting Party will ensure that it has
a representative on site (or alternatively, provide a contact number for its
representative) to ensure that the area for the Locates is properly identified; and
(b) in all other circumstances, within a time reasonably agreed upon by the Parties.
6.2. Provision of Mark-ups. The Parties agree to respond within fifteen (15) days to any
request from the other Party for a mark-up of municipal infrastructure or Equipment design
drawings showing the location of any portion of the municipal infrastructure or Equipment,
as the case may be, located within the portion of the ROWs shown on the plans (the “Mark-
ups”), and shall provide such accurate and detailed information as may be reasonably
required by the requesting Party.
6.3. Inaccurate Locates. Where the Company’s Locates are found to be in error, where the
actual location of the Equipment is found to meet the definition of Non-Compliant
Equipment as compared to the Locates, and, as a result, the Municipality is unable to install
its facilities Within the affected ROWs in the manner it expected based on the Locates
provided by the Company (the “Error”), the Municipality will notify the Company of
the Error, following which the
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Company shall attempt to resolve the Error. If the Company is unable to resolve the Error
in a reasonable time commensurate with the situation, the Company will pay the
Municipality for its reasonable and verifiable costs incurred as a direct result of the Error.
An Inaccurate Locate resulting from Equipment relocated due to ground movement
stemming from, among other things, weather conditions or work or activities carried out
by a Third Party, or by, or on behalf of, the Municipality, is not an Error. In the event of a
disagreement as to the existence of an Error, the parties agree to work together to determine
whether or not the Error stems from ground movement or work or activities carried out by
a Third Party, or by, or on behalf of, the Municipality. If it is determined that the conditions
of the municipal right-of-way have changed, the parties agree to be reasonable, including
with respect to the allocation of direct costs stemming from the change.
7. RELOCATION OF EQUIPMENT 7.1 Municipality Request. Where the Municipality requires and requests the Company to
relocate its Equipment for a bona fide municipal purpose, the Municipality shall notify the
Company in writing and, the Company shall complete the requested relocation within
ninety (90) days, or having regard to the nature of the relocation required, the Company
shall commence work to relocate its Equipment within a Right- of-Way.
7.2 Allocation of Cost. The responsibility for the costs incurred in relocating the Company’s
Equipment or performing such work referenced (“Relocation Costs”), where the
Municipality has made a request to the Company to relocate its Equipment as set out above
will, for the purposes of this Agreement, be based upon the following chart and include all
associated costs (labour, materials, design etc.) as well as depreciation, betterment and
recovery of costs:
Year(s) After
Installation of
Equipment
Percentage of Relocation
Costs Paid by the Municipality 1 100%
2 100% 3 100%
4 90% 5 80% 6 70% 7 65%
8 60%
9 55%
10 45%
11 40%
12 35%
13 30% 14 20% 15 10%
16 5%
17+ 0%
7.3 Exceptions.
(a) Notwithstanding section 7.2, the Municipality shall be solely responsible for paying
all costs related to equipment relocation if the relocation is for beautification or
aesthetic purposes. Such costs include, among others, depreciation, betterment, and
recovery costs.
(b) Notwithstanding section 7.2, where the Municipality has given written notice to the
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Company prior to the issuance of a Road Permit that the location of the Equipment
subject to the Road Permit will require relocation within five (5) years, and the
Company proceeds to install the equipment despite receiving such notice, then the
full cost of any relocation of the Equipment shall be at the Company’s sole expense.
7.4 [INTENTIONALLY DELETED]
7.5 Request by Third Party. Where relocation of Equipment is required due to the
Municipality accommodating a third party (hereinafter "Third Party Work"), the
required relocation or related installation work shall be conducted by the Company in
accordance with the terms of this Agreement respecting installation, and the full cost of the
amendment or Relocation shall be borne solely by the third party and paid in advance. The
Municipality agrees to provide the Company with ninety (90) days' notice of the need for
any such Third Party Work and to require that the relevant third party or parties bear the
full cost of such Third Party Work and indemnify the Company against all claims and
liabilities arising from the amendment or Relocation as a condition precedent to any such
amendment or Relocation.
7.6 Municipality efforts. Where any relocation of Equipment occurs, the Municipality will
make good faith efforts to provide alternative routes for the Equipment affected by the
relocation to ensure uninterrupted service to the Company’s customers. Once the Company
has provided the Municipality with all information the Municipality requires to enable it to
process a Permit application, the Municipality shall provide, on a timely basis, all Permits
required to allow the Company to relocate the Equipment.
7.7 Temporary Reconstruction or Realignment of Road Allowances. The Company shall,
upon reasonable prior notice to the Municipality, have the right to temporarily reconstruct
or realign certain portions of the Road Allowances in order to permit the delivery or
movement of Equipment.
7.8 Relocation performed by Municipality. If the Company fails to complete the relocation in
accordance with Section 7.1 of the Agreement, the Municipality may, at its option, upon reasonable
final notice to the Company, complete such relocation and the allocation of costs is to be determined
in accordance with Section 7.2.
8. PAYMENT OF FEES AND OTHER CHARGES 8.1 General. The Company covenants and agrees to pay to the Municipality Permit fees,
deposits and security associated with and required or reasonably demanded pursuant to this
Agreement. The security provisions are set out in Section 10 of this Agreement.
8.2 Invoices. Unless expressly provided elsewhere in this Agreement, where there are any
payments to be made under this Agreement, the Party requesting payment shall first send
a written invoice to the other Party, setting out in detail all amounts owing, including any
applicable provincial and federal taxes and interest payable on prior overdue invoices, and
the payment terms. The Parties agree that all payments shall be made in full by no later
than forty-five (45) days after the date of the invoice was received.
8.3 Payment of taxes. The Company shall pay, and shall expressly indemnify and hold the
Municipality harmless from, all taxes lawfully imposed now or in the future by the
Municipality, a local municipality within the geographic jurisdiction of the Municipality,
or all taxes, rates, duties, levies or fees lawfully imposed now or in the future by any
regional, provincial, federal, parliamentary or other governmental body, corporate
authority, agency or commission (including, without limitation, school boards and utility
commissions) but excluding the Municipality, that are attributable to the Company’s use
of a Municipality ROW.
9. TERM AND TERMINATION 9.1 Initial term and renewal. The Agreement shall have an initial term of five (5) years
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commencing on the Effective Date (“Term”). Subject to the termination rights described
in subsections 9.2, 9.3 and 9.4, and unless a Party delivers written notice of non-renewal
to the other Party at least one hundred and eighty (180) days prior to the expiration of the
then current term, the Term shall renew automatically for successive five (5) year terms.
9.2 Termination by either Party. Either Party may terminate this Agreement without further
obligation to the other Party, upon providing at least seven (7) days’ written notice in the
event of a material breach of this Agreement by the other Party after notice thereof and
failure of the other Party to remedy or cure the breach within thirty (30) days of receipt of
the notice. If, however, in the view of the non-breaching Party, it is not possible to remedy
or cure the breach within such thirty (30) day period, then the breaching Party shall
commence to remedy or cure the breach within such thirty (30) day period and shall
complete the remedy or cure within the time period stipulated in writing by the non-
breaching Party.
9.3 Termination by Municipality. The Municipality may terminate this Agreement by
providing the Company with at least seven (7) days written notice in the event that:
(a) the Company becomes insolvent, makes an assignment for the benefit of its
creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or
becomes voluntarily subject as a debtor to the provisions of the Companies’
Creditors Arrangement Act or the Bankruptcy and Insolvency Act;
(b) the Company assigns or transfers this Agreement or any part thereof other than in
accordance with Section 18.2; or
(c) the Company ceases to be eligible to operate as a Carrier.
9.4 Obligations and rights upon termination or expiry of Agreement. Notwithstanding
any other provision of this Agreement, if this Agreement is terminated (other than in
accordance with Section 9.3) or expires without renewal, then, subject to the Company’s
rights to use the ROWs pursuant to the Telecom Act and, unless the Company advises the Municipality in writing that it no longer requires the use of the Equipment:
(a) the terms and conditions of this Agreement shall remain in full force and effect until
a new replacement agreement (a “New Agreement”) is executed by the Parties; and
(b) the Parties shall enter into meaningful and good faith negotiations to execute a New
Agreement and, if, after six (6) months following the expiry of this Agreement, the
Parties are unable to execute a New Agreement, then either Party may apply to the
CRTC to establish the terms and conditions of the New Agreement.
9.5 Removing abandoned Equipment. Where the Company advises the Municipality in
writing that it no longer requires the use of any Equipment, the Company shall, at the
Municipality’s request and within a reasonable period of time as agreed to by the Parties,
act as follows at the Company’s sole cost and expense:
(a) Remove the abandoned Equipment that is above ground;
(b) Subject to (c) immediately below, make safe any underground vaults, manholes and
any other underground structures that are not occupied or used by a Third Party,
(collectively “Abandoned Underground Structures”);
(c) Where, in the reasonable opinion of the Municipal Engineer, the Abandoned
Underground Structures will interfere with any municipally-approved project that
will require excavation or otherwise disturb the portions of the ROWs in which the
Abandoned Underground Structures are located, then the Company shall, at or
about the time the excavation of such portions of the ROWs for said project
commences, remove the Abandoned Underground Structures therein.
Upon removal of the abandoned Equipment or upon the removal or making safe of
Abandoned Underground Structures, the Company shall repair any damage resulting from
such removal or making safe and restore the affected ROWs to the condition in which they
existed prior to the removal or making safe. If the Company fails to remove Equipment or
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to remove or make safe Abandoned Underground Structures and restore the ROWs within
the time specified above, and to the satisfaction of the Municipal Engineer, the
Municipality may complete said work and the Company shall pay the associated
Municipality’s Costs.
9.6 Continuing obligations. Notwithstanding the expiry or earlier termination of this
Agreement, each Party shall continue to be liable to the other Party for all payments due
and obligations incurred hereunder prior to the date of such expiry or termination.
10. INSURANCE AND SECURITY 10.1 General. Throughout the term of this Agreement and any renewals or extension thereto,
the Company shall maintain, at its sole expense, insurance (the “Company Insurance”) in
an amount and description as described below to protect the Company and the Municipality;
solely to the extent of the Municipality’s rights as additional insured under the
comprehensive general liability occurrence-based insurance, from claims for damages,
bodily injury (including death) and property damage which may arise from the Company’s
operations under this Agreement, including the use or maintenance of the Equipment
Within the ROWs or any act or omission of the Company and its employees, contractors
and agents while engaged in the Work. The Company Insurance shall include all costs,
charges and expenses reasonably incurred with any injury or damage.
10.2 Commercial general liability occurrence-based insurance. Without limiting the
generality of the foregoing, the Company shall obtain and maintain comprehensive general
liability occurrence-based insurance coverage which:
(a) covers claims and expenses for liability for personal injury, bodily injury and
property damage in an amount not less than Five Million Dollars ($5,000,000.00)
per occurrence (exclusive of interest and costs). Excess of umbrella insurance may
be used to achieve the required insured limits;
(b) include the Municipality as an additional insured under the comprehensive general liability occurrence-based insurance policy (except for non-owned automobile liability);
(c) contains cross liability and severability of interest clauses.
10.3 Insurance certificates. As soon as possible after the execution of this Agreement, the
Company shall provide the Municipality with certificates of insurance in respect of the
required comprehensive general liability occurrence-based insurance evidencing the cross
liability and severability clauses and confirming the Municipality as an “additional
insured”. Thereafter, the Company shall provide the Municipality with evidence of all
renewals upon request.
10.4 General insurance conditions.
(a) The Company Insurance shall not be construed to, and shall in no manner, limit or
restrict the Company’s liability or obligations under this Agreement.
(b) The Municipality shall not be liable for any premiums relating to policies under the
Company Insurance.
(c) The policies under the Company Insurance shall provide:
(i) that they are primary insurance which will not call into contribution any
other insurance available to the Municipality;
(ii) a waiver for severability of interest; and
(iii) that the Company Insurance shall not be cancelled, lapsed or materially
changed to the detriment of the Municipality without at least thirty (30)
business days’ notice to the Municipality by mail.
(d) The Company will immediately notify the Municipality of any changes to or
cancellation of the Company Insurance if they will directly affect or reduce the
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coverage made available to the Municipality.
10.5 Workplace Safety and Insurance Board. The Company shall provide Workplace Safety
and Insurance Board (“WSIB)” clearance certificate that confirms the Company is in good
standing with the WSIB. The Company shall ensure the WSIB clearance remains in effect
when the Company’s personnel are working within the ROWs.
10.6 Security. Every time the Company fails to comply with the terms and conditions of this
Agreement, the Municipality shall provide written notice to the Company of its non-
compliance whereupon the Municipality may suspend the Permit until a Resolution Plan
in respect to curing the non-compliance is agreed to by the Company and the Municipality
in writing. Starting on the second event of non-compliance, the Company shall deposit
security in the form of a Letter of Credit with the Municipality, naming the Municipality
as beneficiary, within five (5) business days of the Resolution Plan being agreed to by the
Company and the Municipality. The amount of security shall be determined by the
Municipality, having regard to an amount that is proportional to the work being undertaken,
and in no case shall the security be less than ten thousand ($10,000) dollars unless agreed
to by the parties. The Company shall deposit with the Municipality only one Letter of
Credit per the Permit, regardless of the number of non-compliances associated with a given
Permit.
10.7. Security. If any non-compliance is not cured within ten (10) business days of the
Resolution Plan being agreed to by the Company and the Municipality, the Municipality
may draw on the Letter of Credit the amount required to cover the Municipality’s
reasonable costs to cure the non-compliances. The security, or remaining of, if any, shall
be released by the Municipality within fifteen (15) business days after the Municipality’s
acceptance of the completion of the Company's final restoration Work to the ROW
associated with the Permit.
11. RESPONSIBILITY AND INDEMNIFICATION 11.1 No liability Municipality. The Company hereby acknowledges that the placement,
installation, construction, reconstruction, inspection, maintenance, operation, alteration,
enlarging, repair, replacement, relocation and/or removal of the Equipment by the
Company is performed entirely at the risk of the Company and that the Municipality shall
in no way or under
any circumstances be responsible or liable to the Company, its contractors, agents, or
customers for any damage or losses in consequence thereof, unless due to the negligence
or willful misconduct of the Municipality or those for whom at law it is responsible.
11.2 Company Indemnity. Subject to subsection 11.5, the Company hereby releases,
indemnifies, completely holds harmless, and agrees to defend the Municipality, its
Councillors, officers, employees, legal counsel, agents and contractors, from and against
any and all Third Party suits, judgments, claims, demands, expenses, actions, causes of
action, duties, assessments, fees, penalties, liabilities, losses and costs which the
Municipality and its successors and assigns may at any time or times hereafter bear, sustain,
or suffer as a result of the negligence or willful misconduct of the Company or of those for
whom it is responsible at law..
11.3 Municipality Acknowledgement. The Municipality hereby acknowledges that it is
responsible for its negligence and willful misconduct and the negligence and willful
misconduct of those for whom it is responsible for at law.
11.4 Municipality Indemnity. Subject to subsection 11.5, the Municipality hereby releases,
indemnifies, completely holds harmless, and agrees to defend the Company, its officers,
employees, legal counsel, agents and contractors, from and against any and all Third Party
suits, judgments, claims, demands, expenses, actions, causes of action, duties, assessments,
fees, penalties, liabilities, losses and costs which the Company and its successors and
assigns may at any time or times hereafter bear, sustain, suffer, be put to or incur as a result
of the negligence or willful misconduct of the Municipality or of those for whom it is
responsible at law.
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11.5 No liability, both Parties. Notwithstanding any other provision in this Agreement, neither
Party shall be liable to any person in any way for special, incidental, indirect, consequential,
exemplary, or punitive damages, including damages for pure economic loss or failure to realize expected profits, howsoever caused, or contributed to, in connection with this Agreement and the performance or non-performance of its obligations hereunder
11.6 Survival. The obligation of a Party to indemnify, defend and save harmless the other Party
shall survive the termination or expiry of this Agreement.
12. ENVIRONMENTAL LIABILITY
12.1. Municipality not responsible. The Municipality is not responsible, either directly or
indirectly, for any damage to the natural environment or property, including any nuisance,
trespass, negligence, or injury to any person, howsoever caused, arising from the presence,
deposit, escape, discharge, leak, spill or release of any Hazardous Substance in connection
with the Company’s occupation or use of the ROWs, unless such damage was caused
directly or indirectly by the negligence or willful misconduct of the Municipality or those
for which it is responsible in law.
12.2. Company to assume environmental liabilities. The Company agrees to assume all
environmental liabilities, claims, fines, penalties, obligations, costs or expenses whatsoever
relating to its use of the ROWs, including, without limitation, any liability for the clean-
up, removal or remediation of any Hazardous Substance on or under the ROWs that result
from:
(a) the occupation, operations or activities of the Company, its contractors, agents or
employees or by any person with the express or implied consent of the Company
Within the ROWs; or
(b) any Equipment brought or placed Within the ROWs by the Company, its
contractors, agents or employees or by any person with the express or implied
consent of the Company;
unless such damage was caused directly or indirectly in whole or in part by the negligence
or willful misconduct on the part of the Municipality or those for which it is responsible in
law.
The Municipality agrees to provide notice to the Company of any liability arising under this provision in a reasonable period of time after the occurrence. For clarity, the Company shall not be liable in any manner for any events which occurred before the Equipment occupied
the ROW.
13. NO JOINT VENTURE, PARTNERSHIP OR CO-OWNERSHIP
13.1 No Joint Venture. The Parties hereby acknowledge and agree that this Agreement is solely
an access agreement and that no relationship is formed between the Parties in the nature of
a joint venture, partnership co-ownership arrangement or other similar relationship.
14. FORCE MAJEURE
14.1 Force Majeure. Except for the Parties’ obligations to make payments to each other under
this Agreement, neither Party shall be liable for a delay in its performance or its failure to
perform hereunder due to causes beyond its reasonable control, including, but not limited
to, acts of God, fire, flood, or other catastrophes; government, legal or statutory restrictions
on forms of commercial activity; or order of any civil or military authority; national
emergencies, insurrections, riots or wars or strikes, lock-outs or work stoppages (“Force
Majeure”). In the event of any one or more of the foregoing occurrences, notice shall be
given by the Party unable to perform to the other Party and the Party unable to perform
shall be permitted to delay its performance for so long as the occurrence continues. Should
the suspension of obligations due to Force Majeure exceed two (2) months, either Party
may terminate this Agreement without liability upon delivery of notice to the other Party.
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15. DISPUTE RESOLUTION
15.1 General. The Parties hereby acknowledge and agree that:
(a) this Agreement has been entered into voluntarily by the Parties with the intention
that is shall be final and binding on the Parties until it is terminated or expires in
accordance with its terms;
(b) it is the intention of the Parties that all Disputes (as defined in subsection 15.2) be
resolved in a fair, efficient, and timely manner without incurring undue expense
and, wherever possible, without the intervention of the CRTC; and
(c) the CRTC shall be requested by the Parties to consider and provide a decision
only with respect to those matters which form the basis of the original Dispute as
set out in the Dispute Notice issued under this Section 15.
15.2 Resolution of Disputes. The Parties will attempt to resolve any dispute, controversy, claim
or alleged breach arising out of or in connection with this Agreement (“Dispute”) promptly
through discussions at the operational level. In the event a resolution is not achieved, the
disputing Party shall provide the other Party with written notice of the Dispute and the
Parties shall attempt to resolve such Dispute between senior officers who have the authority
to settle the Dispute. All negotiations conducted by such officers shall be confidential and
shall be treated as compromise and settlement negotiations. If the Parties fail to resolve the
Dispute within thirty (30) days of the non-disputing Party’s receipt of written notice, either
Party may initiate legal proceedings and/or submit the Dispute to the CRTC for resolution.
15.3 Continued performance. Except where clearly prevented by the nature of the Dispute, the
Municipality and the Company agree to continue performing their respective obligations
under this Agreement while a Dispute is subject to the terms of this Section 15.
16. NOTICE 16.1 Method of Notice. Any notice required may be sufficiently given by personal delivery or,
if other than the delivery of an original document, by facsimile transmission or electronic (e-
mail) transmission, to either Party at the following addresses:
To the Municipality: Corporation of the Municipality of Bayham
Attn: CAO
56169 Heritage Line, Box 160
Straffordville, ON N0J 1Y0 cao@bayham.on.ca
To Xplore Inc.: Xplore Inc. Attn: Vice President, Legal 625 Cochrane Drive Suite 1000, Markham, ON L3R 9R9
Email: legal@xplore.ca With a copy to: Xplore Inc. Attn: Vice President, Network Build
625 Cochrane Drive Suite 1000, Markham, ON L3R 9R9 Email: Chris.Tsakopoulos@xplore.ca
To Xplore Fibre L.P.: Xplore Fibre L.P. Attn: Vice President, Legal
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625 Cochrane Drive
Suite 1000, Markham, ON
L3R 9R9 Email: legalxplorefibre@xplore.ca With a copy to:
Xplore Fibre L.P.
Attn: Vice President, Network Build 625 Cochrane Drive Suite 1000, Markham, ON L3R 9R9
Email: Chris.Tsakopoulos@xplore.ca
16.2 Delivery of Notice. Any notice given pursuant to Section 16.1 shall be deemed to have
been received on the date on which it was delivered in person, or, if transmitted by facsimile
or electronic transmission during the regular business hours of the Party receiving the
notice, on the date it was transmitted, or, if transmitted by facsimile outside regular business
hours of the Party receiving the notice, on the next regular business day of the Party
receiving the notice; provided, however, that either Party may change its address and/or
facsimile number for purposes of receipt of any such communication by giving ten
(10) days’ prior written notice of such change to the other Party in the manner described
above. Any notice may also be given by email at the email addresses noted in Section 16.1.
Notice by email shall be effective on the date of its delivery.
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17. FOREIGN CORRUPT PRACTICES ACT AND ANTI-BRIBERY INDEMNITY
17.1 Notwithstanding anything to the contrary herein, the Municipality, in its administration of
this Agreement, shall refrain from offering, giving or promising, directly or indirectly,
money or anything of value to a Canadian or foreign governmental official to influence the
official in his or her official capacity, induce the official to do or omit to do an act in
violation of his or her lawful duty, or to secure any improper advantage in order to assist
in obtaining or retaining business for or with, or directing business to, any person. For the
purposes of this Section, "anything of value" includes, but is not limited to, cash or a cash
equivalent, discounts, gifts, use of materials, facilities or equipment, entertainment, drinks,
meals, transportation, lodging, insurance benefits, or promise of future employment.
"Governmental official" shall mean any person holding any level of legislative,
administrative, or judicial office of the Canadian or a foreign government or any of its
departments or agencies or divisions; any person acting on behalf of the Canadian or a
foreign government, including a local or provincial agency, enterprise, or organization; any
official or agent of a Canadian or a foreign public administration or publicly funded
organization; any official of a Canadian or a foreign political party; any officer or agent of
a public international organization (e.g., World Bank, International Monetary Fund, World
Health Organization, United Nations, World Trade Organization); or any relatives or close
family/household members of any of those listed above. The Municipality shall indemnify
and hold harmless the Company from all claims brought against the Company as a result of
the Municipality or its representatives' failure to comply with Anti-Bribery Law. The
Municipality shall immediately report any breach of Anti-Bribery Law by the Municipality
or its representatives. The Municipality shall immediately report any breach of Anti-
Bribery Law by the Municipality or its representatives'. The Company shall have the right to
audit the Municipality’s books and records with respect to payments made on behalf of the
Company in the event that the Company believes that the Municipality has violated this Section 17.
The Company shall have the right to immediately terminate all payments to the Municipality under
this Agreement if the Municipality fails to comply with this Section 17.
18. GENERAL
18.1 Entire Agreement. This Agreement, together with the Schedules attached hereto,
constitute the complete and exclusive statement of the understandings between the Parties
with respect to the rights and obligations hereunder and supersedes all proposals and prior
agreements, oral or written, between the Parties.
18.2 Assignment. This Agreement may not be assigned or transferred, in whole or in part,
without the prior written consent of the other Party. Notwithstanding the foregoing, the
Company shall, provided that it is not in material breach of this Agreement, have the right
to assign this Agreement to an Affiliate, or in connection with an acquisition, corporate
reorganization, or sale of all or substantially all of its assets, without the consent of the
Municipality, provided that the Company provides reasonable notice to the Municipality
and the assignor agrees to be bound by all terms and conditions set out in this Agreement.
18.3 Gender and number. In this Agreement, words importing the singular include the plural
and vice versa, words importing gender, include all genders.
18.4 Currency. Unless otherwise indicated, references in this Agreement to money amounts are
to the lawful currency of Canada.
18.5 Parties to act reasonably. Each Party shall at all times act reasonably in the performance
of its obligations and the exercise of its rights and discretion under this Agreement.
18.6 Amendments. Except as expressly provided in this Agreement, no modification of or
amendment to this Agreement shall be effective unless agreed to in writing by the
Municipality and the Company.
18.7 Survival. The terms and conditions contained in this Agreement that by their sense and
context are intended to survive the performance thereof by the Parties hereto shall so
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survive the completion of performance, the expiration and termination of this Agreement,
including, without limitation, provisions with respect to indemnification and the making of
any and all payments due hereunder.
18.8 Waiver. Failure by either Party to exercise any of its rights, powers or remedies hereunder
or its delay to do so shall not constitute a waiver of those rights, powers or remedies. The
single or partial exercise of a right, power or remedy shall not prevent its subsequent
exercise or the exercise of any other right, power or remedy.
18.9 Severability. If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall attach only to
such provision and everything else in this Agreement shall continue in full force and effect.
18.10 Enurement. This Agreement is and shall be binding upon and inure to the benefit of the
Parties hereto and their respective legal representatives, successors, and permitted assigns,
and may not be changed or modified except in writing, duly signed by the Parties hereto.
18.11 Counterparts: This Agreement may be executed by the Parties, may be executed by
electronic signature, and may be delivered by facsimile or PDF transmission and in one or
more counterparts which when held together shall be considered one and the same
Agreement.
18.12 Equitable Relief. Either Party may, in addition to any other remedies it may have at law
or equity, seek equitable relief, including without limitation, injunctive relief, and specific
performance to enforce its rights or the other party’s obligations under this Agreement.
18.13 Governing law. This Agreement shall be governed by the laws of the Province of Ontario
and all federal laws of Canada applicable therein.
[ONE (1) ENDORSEMENT PAGE FOLLOWS]
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IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date(s)
set out below and the Parties agree that this Agreement shall be effective on the date as set out at
the top of page one (1) of this Agreement.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Date: ,
Per:
Title:
Per:
Title:
We have the authority to bind the Corporation
XPLORE FIBRE L.P., by its general partner XPLORE SPECTRUM HOLDINGS INC.
Date: ,
Per:
Title:
Per:
Title: I have the authority to bind the Company
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SCHEDULE "A"
Permits required by the Municipality
Telecommunication Equipment Consent and Road User Agreement
WORK ACTIVITY MC RP Notification
only
No Permit or
Notification
Road occupation that causes no disruption to traffic or pedestrian flow to perform Work
X
Work that requires oversize or overweight vehicles X
Road Occupancy that involves the temporary closure of a vehicle travel lane, parking lane to perform Work
X
Emergency Work with no Excavation, no utilization of trees and
or other municipal infrastructure as a support structure
X
Any installation of Equipment that requires Excavation1 in the
ROW, including:
− the installation of buried Equipment crossing a road;
− the installation of new Above-ground Plant;
− the relocation of buried Equipment or Above-ground
Equipment;
− the replacement of existing Above-ground Equipment with
equipment that is significantly larger; and
− the installation of buried Service Drops that cross a road or
a break a hard surface of the ROW.
X
X
The installation of aerial Equipment (excluding aerial Service
Drops)
X
Tree trimming on ROWs X
The replacement of existing above-ground Equipment without
adding more Equipment or significantly increasing its size (pole replacements excluded)
X
The installation of buried Service Drops that do not cross a road
or break the hard surface of a ROW
X
Pulling cable through existing underground duct X
The installation of or repair to aerial Service Drops X
The maintenance, testing and repair of Equipment where there
is minimal physical disturbance or changes to the ROW
X
Any other Work activity agreed to by the Municipality X
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z793-2024
PETTIGREW
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 ‘Holding Village Residential 1 (R1(h2))’ 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 shall come into force on the date of passing.
READ A FIRST TIME AND SECOND TIME THIS 6TH DAY OF NOVEMBER 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF NOVEMBER 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z794-2024
BONNEY AND CADMAN
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 ‘A’ Map No. 3 by changing the zoning symbol on the lands from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-49)’ Zone, which lands are outlined in heavy solid lines and marked “A1-49” on Schedule ‘A’ Map No. 3 to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.49.1 Defined Area
A1-49 as shown on Schedule ‘A’ Map No. 3 to this By-law.
5.12.49.2 Regulations for Accessory Buildings
Notwithstanding the provisions of Section 4.2.f).ii) of this By-law, an accessory building with a
Maximum Floor Area of 385.4 m2 shall be permitted. This floor area excludes main farm buildings such as barns, greenhouses, stables and driving sheds.
5.12.49.3 Regulations for Additional Residential Units
Notwithstanding the provisions of Section 4.59.e) of this By-law, an Additional Residential Unit with a Maximum Gross Floor Area that is 57.1% (144.4 m2) of the primary dwelling unit (253.1 m2) shall be permitted.
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario
Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 6TH DAY OF NOVEMBER 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF NOVEMBER 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
WATERFRONT ADVISORY COMMITTEE MINUTES
TRACKLESS LOUNGE
56169 Heritage Line, Straffordville, ON
Monday, October 21, 2024
5:00 p.m.
PRESENT:
CHAIR RAINEY WEISLER
COMMITTEE MEMBERS SERGE PIETERS
MARNI WOLFE
ASHLEY CARDINAL
VAL DONNELL
ED KETCHABAW *Ex-Officio
STAFF ATTENDANCE:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
1. CALL TO ORDER
Committee Chair Weisler called the meeting to order at 5:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. DELEGATIONS
4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S)
A. Minutes of the Waterfront Advisory Committee Meeting held July 15, 2024
Moved by: Committee Member Donnell
Seconded by: Committee Member Pieters
THAT the minutes of the Waterfront Advisory Committee Meeting held July 15, 2024 be
approved as presented.
CARRIED
5. MATTERS OF BUSINESS
A. Memo WAC-11/24 re Council Decisions – WAC Recommendations to Council
Moved by: Committee Member Donnell
Seconded by: Committee Member Wolfe
THAT Memo WAC-11/24 re Outcomes of Recommendations to Council be received for
information.
CARRIED
2
B. Memo WAC-12/24 re 2024 Education Sessions / 2025 Blue Flag Application
Moved by: Committee Member Wolfe
Seconded by: Committee Member Pieters
THAT Memo WAC-12/24 re Education Sessions / 2025 Blue Flag Application be received for
information;
AND THAT consideration be given to the following types of educational programming in 2025:
Make a pledge campaign
Photography contest
Water safety training
CARRIED
C. Memo WAC-13/24 re East Beach Risk Assessment Update
Moved by: Committee Member Donnell
Seconded by: Committee Member Cardinal
THAT Memo WAC-13/24 re East Beach Risk Assessment Update be received for information.
CARRIED
D. Memo WAC-14/24 re 2025 Committee Meeting Schedule
Moved by: Committee Member Pieters
Seconded by: Committee Member Cardinal
THAT Memo WAC-14/24 re 2025 Committee Meeting Schedule be received for information;
AND THAT the first meeting of 2025 will take place on January 20, 2025.
CARRIED
6. ADJOURNMENT
Moved by: Committee Member Wolfe
Seconded by: Committee Member Donnell
THAT the Waterfront Advisory Committee Meeting be adjourned at 6:05 p.m.
CARRIED
CHAIR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
MUSEUM ADVISORY COMMITTEE MINUTES
TRACKLESS LOUNGE
56169 Heritage Line, Straffordville
Wednesday, October 23, 2024
5:00 p.m.
PRESENT:
COMMITTEE MEMBERS ROY SULLIVAN (Acting Chair)
RON BRADFIELD
ROBERT PONZIO
ED KETCHABAW *Ex-Officio
ABSENT:
CHAIR SUSAN CHILCOTT
STAFF ATTENDANCE:
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
CURATOR JENNIFER BEAUCHAMP
CLERK MEAGAN ELLIOTT
1. CALL TO ORDER
Committee Member Roy Sullivan Chaired the meeting in the absence of Committee Chair
Susan Chilcott.
Acting Committee Chair Sullivan called the meeting to order at 5:00 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. DELEGATIONS
4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S)
A. Minutes of the Museum Advisory Committee Meeting held April 17, 2024
Moved by: Committee Member Ponzio
Seconded by: Committee Member Bradfield
THAT the minutes of the Museum Advisory Committee Meeting held April 17, 2024 be approved
as presented.
CARRIED
5. MATTERS OF BUSINESS
A. Curator Monthly Reports: April – August
2
Moved by: Committee Member Bradfield
Seconded by: Committee Member Ponzio
THAT the Curator Monthly Reports: April – September be received for information.
CARRIED
B. Student Monthly Reports: May – August
Moved by: Committee Member Ponzio
Seconded by: Committee Member Bradfield
THAT the Student Monthly Reports: May – August be received for information.
CARRIED
C. Memo MAC-06/24 re Museum Attendance and Revenue
Moved by: Committee Member Ponzio
Seconded by: Committee Member Bradfield
THAT Memo MAC-06/24 re Museum Attendance and Revenue be received for information.
CARRIED
D. Children’s Summer Programming
Moved by: Committee Member Bradfield
Seconded by: Committee Member Ponzio
THAT the Children’s Summer Programming poster be received for information.
CARRIED
E. Ontario By Bike Network
Moved by: Committee Member Ponzio
Seconded by: Committee Member Bradfield
THAT the Ontario By Bike Network notification be received for information.
CARRIED
F. Memo MAC-07/24 re Updates from Council
Moved by: Committee Member Bradfield
Seconded by: Committee Member Ponzio
THAT Memo MAC-07/24 re Updates from Council be received for information.
CARRIED
3
G. Memo MAC-08/24 re Museum Accessibility Project Update
Moved by: Committee Member Ponzio
Seconded by: Committee Member Bradfield
THAT Memo MAC-08/24 re Museum Accessibility Project Update be received for information.
CARRIED
H. Memo MAC-09/24 re Museum Advisory Committee January 2025 Meeting Date
Moved by: Committee Member Bradfield
Seconded by: Committee Member Ponzio
THAT Memo MAC-09/24 re Museum Advisory Committee January Meeting date be received for
information;
AND THAT Wednesday, January 22, 2025 at 5:00 pm be the first Regular Meeting for the
Museum Advisory Committee for 2025.
CARRIED
6. ADJOURNMENT
Moved by: Committee Member Ponzio
Seconded by: Committee Member Bradfield
THAT the Museum Advisory Committee Meeting be adjourned at 5:59 p.m.
CARRIED
CHAIR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-066
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD NOVEMBER 6, 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 November 6, 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 6th DAY
OF NOVEMBER, 2024.
____________________________ _____________________________
MAYOR CLERK