HomeMy WebLinkAboutJune 19, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, June 19, 2025
7:00 p.m.
8:00 p.m. Grewal Drain Public Meeting
The June 19, 2025 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
A. Barry Wade re Residential Building Height
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held June 5, 2025
B. Statutory Planning Meeting held June 5, 2025
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 June 19, 2025
2
A. Report PS-07/25 by Ed Roloson, Manager of Capital Projects / Water/Wastewater re
Wastewater Treatment Plant Capacity
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-02/25 Van Ittersum
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-19/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Supplementary Staff Report – Residential Maximum Building Height Regulations
B. Report DS-28/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E24-25 Heritage Grown Inc. 57238 Light Line
C. Report DS-29/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-15/25 Neufeld, 56132 Howey Line
D. Report DS-30/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re OPA No.
39 and Zoning By-law Amendment ZBA-27/24 1498855 Ontario Inc. 92 Edison Drive
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Township of Georgian Bay re Floating Accommodations – Position Paper
B. County of Elgin re Elgin County Economic Development Update
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CL-04/25 by Meagan Elliott, Clerk re 2025 Municipal Assistance Requests –
Second Intake
B. Report CAO-29/25 by Thomas Thayer, CAO re Site Plan and Development Agreement
Patieo Group Inc. C/O Erica Patenaude – 32 Robinson Street, SPA-03/25
C. Report CAO-30/25 by Thomas Thayer, CAO re 2026 Garbage Bag Tag Program
14. BY-LAWS
A. By-law No. 2025-045 Being a by-law to amend By-law No. 2024-050 being a by-law to
appoint municipal officers and employees for the Municipality of Bayham
B. By-law No. 2025-046 Being a provisional by-law to provide for drainage works in the
Municipality of Bayham in the County of Elgin known as the Grewal Drain
Council Agenda June 19, 2025
3
C. By-law No. Z809-2025 Being a by-law to amend By-law No. Z456-2003, as amended –
Neufeld
D. By-law No. Z811-2025 Being a by-law to amend By-law No. Z456-2003, as amended –
1498855 Ontario Inc. (Emerson)
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
A. Confidential Item re Personal matters about an identifiable individual (Administration)
B. Confidential Item re Personal matters about an identifiable individual (Advisory
Committees)
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2025-047 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, June 5, 2025
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 1 Application
The June 5, 2025 Council Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON
DAN FROESE
SUSAN CHILCOTT
STAFF PRESENT:
CAO THOMAS THAYER
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
TREASURER LORNE JAMES
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
13.2 C Report TR-14/25 re Banking Services Agreement
13.2 D Report TR-15/25 re Municipal Auditor Appointment
13.2 E Report CAO-27/25 re Letter of Support – Health and Safety Water Systems
(HSWS)
13.2 F Report CAO-28/25 re Site Plan Agreement – 1708804 Ontario Inc. (o/a Tito’s
Pizza) – 6231 Plank Road, Vienna (Application No. SPA-04/25)
14 B By-law No. 2025-043 – Being a by-law to authorize a banking services agreement
between The Corporation of the Municipality of Bayham and RBC Royal Bank
14 C By-law No. 2025-044 – Being a by-law to appoint a municipal auditor for the
Municipality of Bayham
4. ANNOUNCEMENTS
Councillor Chilcott reminded residents of Edisonfest this weekend. Arrive at 9 am.
Opening ceremonies are at 10 am.
Council Minutes June 5, 2025
2
CAO Thayer advised that the Development Charge Background Study to consider
development charges for fire, roads, and parks and recreation services was published on
the website today. The Public Meeting is June 19, 2025 at 6:30 pm.
5. PRESENTATIONS
A. Rob Foster, Graham Scott Enns re 2024 Consolidated Financial Statements
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the presentation from Rob Foster, Graham Scott Enns re 2024 Consolidated
Financial Statements be received for information;
AND THAT the 2024 Financial Statements be approved as presented;
AND THAT the Chair be directed to sign the audit finding letters.
CARRIED
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held May 15, 2025
B. Statutory Planning Meeting held May 15, 2025
C. Court of Revision Meeting held May 15, 2025
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the minutes from the Regular Meeting of Council held May 15, 2025, minutes from the
Statutory Planning Meeting held May 15, 2025 and the minutes of the Court of Revision
meeting held May 15, 2025 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
Council Minutes June 5, 2025
3
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Passing re Zoning By-law Amendment ZBA-27/24 1498855 Ontario Inc.
B. Notice of Adoption re Official Plan Amendment No. 39 OPA-04/24 1498855 Ontario Inc.
C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-15/25 Neufeld
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT items 12.1.1 A – C be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-26/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E94-24 and E96-24 Yu, 55 Wellington Street
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report DS-26/25 regarding the Consent Applications E94-24 and E96-24 Yu be
received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E94-24 be granted subject to the following conditions and considerations:
1. That the Owner obtains approval of a Minor Variance Application for the proposed
Severed Lot No. 1 to permit a reduced Minimum Lot Frontage of 11.0 metres and
approval of a minor variance for the proposed Retained Lot No. 2 to permit a reduced
Minimum Side Yard Width of 1.08 metres (west side);
2. That the Owner obtains a demolition permit to remove the existing attached garage
from the existing house on the Retained Lot No. 2;
3. That the Owner removes the existing attached garage and removes all debris in
accordance with the demolition permit on Lot No. 2 and removes all other existing
accessory structures from the property located on proposed Severed Lot No. 1;
Council Minutes June 5, 2025
4
4. That the Owner obtains permits from the Municipality and installs a new municipal
water and sanitary service connection to the proposed Severed Lot No. 1;
5. That the Owner provides confirmation with respect to the location of the existing
municipal water and sanitary service connections to the Retained Lot No. 2. Should
the existing servicing laterals cross the proposed property lines, the Owner shall obtain
a permit from the Municipality for the installation of a new municipal water and sanitary
service connection to the Retained Lot No. 2;
6. That the Owner obtains approval from the Municipality for a road entrance permit
(Wellington Street) for a new access to the proposed Severed Lot No. 1;
7. That the Owner provides an engineered grading, drainage and storm water
management plan for Severed Lot No.1 and the Retained Lot No. 2 to demonstrate
that the lands will drain properly with no negative impacts on the neighbouring lands or
the street, all to the satisfaction of the Municipality;
8. That the Owner initiate and assume, if required, all engineering costs associated with
the preparation of a revised assessment schedule for a municipal drain (Wellington
Street Drain) in accordance with the Drainage Act, RSO 1990, as amended, with a
deposit to be paid in full to the Municipality prior to the condition being deemed
fulfilled. If the deposit does not cover the costs of the revised assessment schedule,
the Owner will be billed for any additional costs incurred.
9. That the Owner pay fees as required in Municipal By-law No. 2025-007 Cash-in-lieu of
Parkland;
10. That the Owner provides a digital copy of a survey of the subject lands;
11. That the Owner provides a Planning Report Fee due and payable to the Municipality of
Bayham upon the County granting the consent.
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E96-24 be granted subject to the following conditions and
considerations:
1. That the Owner obtains a permit from the Municipality for the installation of a new
municipal water and sanitary service connection to the proposed Severed Lot No. 3;
2. That the Owner provides confirmation with respect to the location of the existing
municipal water and sanitary service connections to the Retained Lot No. 2. Should
the existing servicing laterals cross the proposed property lines, the Owner shall obtain
a permit from the Municipality of Bayham for the installation of a new municipal water
and sanitary service connection to the Retained parcel;
3. That the Owner obtains approval from the Municipality of Bayham for road entrance
permit (Wellington Street) for a new access to the proposed Severed Lot No. 3;
4. That the Owner provides an engineered grading, drainage and storm water
management plan for Severed Lot No. 3 and the Retained Lot No. 2 to demonstrate
that the lands will drain properly with no negative impacts on the neighbouring lands or
the street, all to the satisfaction of the Municipality of Bayham;
5. That the Owner initiate and assume, if required, all engineering costs associated with
the preparation of a revised assessment schedule for a municipal drain (Wellington
Street Drain) in accordance with the Drainage Act, RSO 1990, as amended, with a
deposit to be paid in full to the Municipality prior to the condition being deemed
fulfilled. If the deposit does not cover the costs of the revised assessment schedule,
the Owner will be billed for any additional costs incurred.
6. That the Owner pay fees as required in Municipal By-law No. 2025-007 Cash-in-lieu of
Parkland;
7. That the Owner provides a digital copy of a survey of the subject lands;
Council Minutes June 5, 2025
5
8. That the Owner provides a Planning Report Fee due and payable to the Municipality of
Bayham upon the County granting the consent.
CARRIED
The Council Meeting recessed for a Statutory Planning Meeting at 7:29 pm.
The Council Meeting resumed at 7:33 pm.
B. Report DS-27/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-02/25 Van Ittersum, 12011 Elliott Road
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report DS-27/25 regarding the Van Ittersum rezoning application ZBA-02/25 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 May 15, 2025
associated with this application, there was were no oral presentations and no public written
submissions 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 lands located in Lot 15 Concession 10, municipally identified as 12011 Elliott
Road, from Estate Residential (ER) to a Site-specific Estate Residential (ER-14) Zone to
permit the development of an accessory storage building on the subject property for the
storage of personal recreational vehicles and personal belongings, which requires relief from
the following provision:
Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory Buildings of
197 m², whereas 95.0 m² is required.
AND THAT Zoning By-law No. Z808-2025 be presented to Council for enactment.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of The Blue Mountains re Reduced Provincial Tax Rate on Ontario-Made Cider
B. Municipality of Kincardine re Bill 5, Protect Ontario by Unleashing our Economy Act
C. Town of Orangeville re Responsible Growth and Opposition to Elements of Bill 5
D. Ministry of Municipal Affairs and Housing re Bill 17 Protect Ontario by Building Faster and
Smarter Act, 2025
Council Minutes June 5, 2025
6
E. Ministry of Municipal Affairs and Housing re Technical Briefing on Bill 17 Protect Ontario
by Building Faster and Smarter Act, 2025
F. Watson & Associates re Assessment of Bill 17 Protect Ontario by Building Faster and
Smarter Act, 2025
G. Ministry of the Solicitor General re OPP Cost Recovery Model Review
H. Ministry of Natural Resources re Reintroduction of the Geologic Carbon Storage Act
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 13.1.1 A – H be received for information.
CARRIED
13.1.2 Requiring Action
13.2 Reports to Council
A. Report TR-13/25 by Lorne James, Treasurer re 2026 Budget Schedule
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report TR-13/25 re 2026 Budget Schedule be received for information;
AND THAT the proposed budget guidelines be approved;
AND THAT the following dates be established for the 2026 budget process:
• June 5 – September 30, 2025 – Budget Public Consultation Period
• Tuesday, November 4, 2025 – 2026-2035 Capital Budget Meeting
• Tuesday, January 6, 2026 – 2026 Operating Budget Meeting
• Thursday, January 15, 2026 – Budget Open House
CARRIED
B. Report CAO-26/25 by Thomas Thayer, CAO re Extension of Site Plan Agreement –
Latimer – 54296 Heritage Line SPA-02/23
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report CAO-26/25 re Extension to Site Plan Agreement – Latimer – 54296 Heritage
Line, Straffordville (Application No. SPA-02/23) be received for information.
CARRIED
Council Minutes June 5, 2025
7
C. Report TR-14/25 by Lorne James, Treasurer re Banking Services Agreement
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report TR-14/25 re Banking Services Agreement be received for information;
AND THAT Council of The Corporation of the Municipality of Bayham accepts the banking
services proposal from Royal Bank of Canada (RBC) on a five-year term, expiring on May 31,
2030;
AND THAT the appropriate authorizing by-law be presented to Council for enactment.
CARRIED
D. Report TR-15/25 by Lorne James, Treasurer re Municipal Auditor Appointment
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report TR-15/25 re Municipal Auditor Appointment be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham accepts the proposal
and fees submitted by Graham Scott Enns, LLP for municipal auditor services for 2025 to 2029
inclusive;
AND THAT the appropriate appointment by-law be presented to Council for enactment.
CARRIED
E. Report CAO-27/25 by Thomas Thayer, CAO re Letter of Support – Health and Safety
Water Stream (HSWS)
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report CAO-27/25 re Letter of Support – Health and Safety Water Stream (HSWS) be
received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham supports Bayham’s
participation in a joint application to the Health and Safety Water Stream (HSWS) for the
rehabilitation of the Port Burwell Area Secondary Water Supply System’s transmission main
on Nova Scotia Line;
AND THAT the Mayor be authorized to prepare and sign a Letter of Support from Bayham for
the HSWS application.
CARRIED
Council Minutes June 5, 2025
8
F. Report CAO-28/25 by Thomas Thayer, CAO re Site Plan Agreement – 1708804 Ontario
Inc. (o/a Tito’s Pizza), 6231 Plank Road, Vienna (Application No. SPA-04/25)
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report CAO-28/25 re Site Plan Agreement – 1708804 Ontario Inc. (o/a Tito’s Pizza) –
6231 Plank Road, Vienna (Application No. SPA-04/25) be received for information.
CARRIED
14. BY-LAWS
A. By-law No. Z808-2025 Being a by-law to amend By-law No. Z456-2003, as amended –
Van Ittersum
B. By-law No. 2025-043 Being a by-law to authorize a banking services agreement
between The Corporation of the Municipality of Bayham and RBC Royal Bank
C. By-law No. 2025-044 Being a by-law to appoint a municipal auditor for the Municipality
of Bayham
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT By-law Nos. 2025-043, 2025-044, and Z808-2025 be read a first, second and third
time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2025-042 Being a by-law to confirm all actions of Council
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Confirming By-law No. 2025-042 be read a first, second and third time and finally
passed.
CARRIED
Council Minutes June 5, 2025
9
18. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT the Council meeting be adjourned at 8:01 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
STATUTORY PLANNING MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, June 5, 2025
7:30 p.m.
A. Proposed Zoning By-law Amendment ZBA-15/25 Neufeld 56132 Howey Line
The June 5, 2025 Planning Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON
DAN FROESE
SUSAN CHILCOTT
STAFF PRESENT:
CAO THOMAS THAYER
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
PUBLIC ATTENDEES A: N/A
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:30 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Proposed Zoning By-law Amendment ZBA-15/25 Neufeld 56132 Howey Line
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Estate
Residential (ER)’ Zone to ‘Site Specific Estate Residential (ER-XX)’ Zone to permit the
construction of a second accessory building which requires relief from the following provisions:
• Section 8.13.X to permit a Maximum Cumulative Floor Area for Accessory Buildings of 210m²;
where a Maximum of 95m² or 8% Lot Coverage (whichever is lesser) is required under Section
8.10.2.
• Section 8.13.X to permit a Minimum Lot Area of 0.27 ha; whereas 0.4ha is required under
Section 8.3
The subject property is known as 56132 Howey Line, north-east corner property at the
intersection of Plank Road and Howey Line / Maple Grove Line.
2
THE EFFECT of this By-law is to permit a new accessory building that exceeds the Maximum Floor
Area requirements for the storage of personal recreational vehicles and belongings and to recognize
an existing Lot Area that is under the required area for the ‘ER’ zone.
5. PUBLIC PARTICIPATION
No public participation.
6. CORRESPONDENCE
No correspondence.
7. OTHER BUSINESS
No other business.
8. ADJOURNMENT
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT the Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-15/25 is now complete at 7:33 p.m.
CARRIED
MAYOR CLERK
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Ed Roloson, Manager of Capital Projects - Water/Wastewater Operations
DATE: June 19, 2025
REPORT: PS-07/25 SUBJECT: WASTEWATER TREATMENT PLANT CAPACITY
BACKGROUND
At its September 1, 2022 meeting, Council received Report PS-15/22 re Sanitary Sewage
Capacity Study Updates and Proposed Upgrades. The Report identified the need for the ongoing
review of sanitary capacity within the collection systems as well as the Wastewater Treatment
Plant (WWTP) and critical time frames for future expansions to accommodate growth. The Report
referenced an increase in the number of planning and development inquiries, including a number
of Plans of Subdivisions particularly in the north end of the Municipality.
Council passed the following motion:
Moved by: Councillor Froese Seconded by: Councillor Donnell
THAT Report PS-15/22 re Sanitary Sewage Capacity Study Update and Proposed Upgrades be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham accept the Engineering Proposal from CJDL Consulting Engineers to update the sanitary sewage capacity study and proposed system upgrades in the amount of $11,000 plus HST to be
funded from the Sewage Works Reserve Fund.
At its December 1, 2022 meeting, Council received a presentation by Peter Penner of CJDL re
Sanitary Pumping Station Capacity Study. The presentation and associated study report noted
1,247 connections to the system under existing conditions, and 393 potential connections
available remaining for the WWTP before the Ministry of the Environment, Conservation and
Parks (MECP)’s 90-percent threshold is met, which would then trigger expansion discussions.
Council passed the following motion:
Moved by: Councillor Froese
Seconded by: Councillor Chilcott THAT the presentation from CJDL re Sanitary Pumping Station Capacity Study be received for information.
Since late 2022, development pressures in Bayham have increased. Bayham has seen a
significant increase in development interest associated with subdivision development. In 2024,
Bayham realized a very busy building year. Staff advise that interest for development and building
services has continued in earnest into 2025, with three subdivision applications being received
this year, and Development Services revenues already well surpassing budgeted revenue
projections for the year.
DISCUSSION
The 2022 Sanitary Capacity Study revealed the requirement for upgrades at the Eden pump
station to accommodate the growth in that serviced area. This project is currently ongoing with an
anticipated completion later in 2025. The study further indicated that the WWTP was at 68 percent
capacity based on 2020-2021 flow data. This percentage included inflow and infiltration into the
sanitary system due to wet weather conditions. Staff believe that 12-15 percent of the annual
flows are as a result of inflow and infiltration specifically due to illegal connections from sump
pumps connected to the sanitary. This has been an ongoing problem specifically within Port
Burwell and Vienna as residents currently do not have a legal storm drain outlet. This concern
could be mitigated and the WWTP would benefit if progress were being made with regards to
storm water system upgrades. Staff have been directed to seek government funding for the storm
water system on more than one occasion but unfortunately the appropriate funding sources have
yet to be secured. Wet weather conditions continue to be a significant concern for all Municipal
infrastructure.
The WWTP currently has a design treatment capacity of 1060m3/day as per the systems
Environmental Compliance Approval (ECA). Based on the previously mentioned 68 percent
capacity, 90 percent capacity (954m3/day) would potentially be met with 393 new units/lots within
the sanitary service area. This estimate is derived from utilizing MECP design standards of 275
L/person/day, assuming 3.1 persons/unit. The actual flow number will obviously fluctuate based
on the total number of occupants as well as wet weather conditions, which tend to be seasonal
and particularly enhanced in the winter and early spring.
Since 2022, the Municipality has witnessed a significant increase in infiltration from wet weather
events, which affect total flows at the WWTP and therefore the capacity utilization. Recent figures
are as follows:
Year Average Annual Flow (m3) % Capacity
2020 703 m3 67%
2021 699 m3 66%
2022 654 m3 62%
2023 755 m3 71%
2024 769 m3 73%
Compared to 2022, the additional 115 m3/day due to infiltration/construction is using upwards of
135 units worth of capacity from the WWTP.
Based on the above, the WWTP is effectively operating at an average flow of 73 percent. Based
on the daily and monthly data collected for the WWTP, much of the increase is due to infiltration
events in the winter and spring, due to melt/rain events where the ground is partially or fully frozen
and illegal sump pumps connections are adding storm water into the sanitary system, thereby
using important development capacity. This is visualized in the table, below, where 28 new units
have been added in this developments since 2022. ~135 units worth of capacity, however, has
been used.
The Municipality continues to experience residential development interest. Since the CJDL report,
Bayham has approved 84 new units/lots for development through subdivisions, and has another
70 units pre-approved as legacy development (MacNeil, Charles, and Otter Creek), for a total of
154 units based on subdivision development:
Location Development Name # of Units # of Units Developed by end of 2024
Straffordville Sandytown 39 6
Eden Eden East 33 0
Vienna North St. 8 0
Vienna Chapel St. 4 0
Port Burwell Charles Crt. 14 8
Port Burwell McNeil Crt. 14 14
Port Burwell Otter Creek 42 0
Bayham has also received three subdivision applications in the first four months of 2025, which
total approximately 85 new units/lots yet to be considered by Council. In total, and excluding the
28 units that have been developed and connected to the system prior to the end of 2024, there is
the potential for approximately 211 new units/lots to be added to the sanitary system at a total flow
of an additional 222m3/day at the WWTP. Based on a continuation of the 2024 actual average
WWTP flows, a potential increase of 222m3/day would bring the WWTP capacity to the 93-94
percent capacity threshold resulting in the need for a development moratorium or a WWTP
upgrade should all outstanding development be approved.
Council should be cognizant that the Average Annual Flow, which is what the MECP 90-percent
threshold is based on, experiences its own peaks and troughs throughout the operating year. As
noted earlier, the actual flow number will fluctuate based on total occupants and weather
conditions. For instance, in the winter and spring months, it is common for the WWTP to
experience wet-weather daily flows of at least 110-125 percent of the design treatment capacity,
and while the WWTP can handle these peaks right now because they are intermittent, any
additional development will increase the odds that the WWTP may come against a weather-based
event that is beyond its maximum operational parameters, and will require by-pass. To date, this
has not occurred, but the chances increase as the overall annual flow rate at the WWTP
increases.
WWTP upgrades generally require a 3-5 year window to complete. WWTP expansion is included
in the current 10-Year Capital Budget as Capital Item Nos. WW-10, WW-11, WW-13, and WW-14.
These Items combine for a 2026-2030 project at an estimated total cost of $36,376,000, which
includes land acquisition (if needed), environmental assessment, engineering, tendering, and
construction.
Since Bayham has retired its remaining Ojibwa debt obligations, the Municipality has its full debt
capacity available. Bayham’s current maximum debt capacity is approximately $23.7 million and
insufficient to fund an expansion without significant Federal and/or Provincial support.
Considering the state of the WWTP’s capacity and ongoing development interest, staff felt it
prudent to advise Council as soon as reasonably possible. More information will be provided to
Council under a separate Report, which will include information from Arcadis regarding some
possible options for addressing the remaining, unallocated WWTP capacity, and additional
information on the potential for enforcement measures regarding the prohibition of private
stormwater connections into the sanitary system. Staff have already engaged Arcadis on this
matter. Staff will also provide capital updates for the 2026-2030 specific to the WWTP upgrades.
A key takeaway is that Council should be cognizant of development approvals on the sanitary
system going forward until the capacity limitations are addressed. Any additional approvals
outside of the subdivision applications already accounted for and received by the Municipality will
add additional strain to the system over and above what is discussed in this Report. This does not
mean that Council is required to approve the approximate 85 new lots/units received via
subdivision applications in the first four months of 2025. These subdivision figures were provided
for illustrative purposes regarding potential capacity implications.
At this time, staff recommend receiving this Report for information.
RECOMMENDATION
1. THAT Report PS-07/25 re: Wastewater Treatment Plant Capacity be received for information.
Respectfully Submitted by: Reviewed by: Ed Roloson Thomas Thayer, CMO, AOMC
Manager of Capital Projects| Chief Administrative Officer Water/Wastewater Operations
ZBA-02/25
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z808-2025 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: Koert & Maria Van Ittersum LOCATION: 12011 Elliott Road TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z808-2025 on the 5th day of June 2025 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency as described below 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 26th day of June, 2025 a notice of appeal setting out the objection to the By-law
and the reasons in support of the objection.
THE PURPOSE of this By-law Amendment is to rezone the subject lands to permit the
development of a replacement accessory building, in Zoning By-law Z456-2003.
The subject property is to be rezoned ‘‘Estate Residential (ER)’ Zone to a ‘Site-Specific Estate
Residential (ER-14)’ Zone to permit the accessory building; which requires relief from the following
provision:
• Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory Buildings of 197 m2, whereas 95.0 m2 is required. The subject property is known as 12011 Elliott Road, west side, and south of Green line. THE EFFECT of this By-law will be to permit a new accessory building for the storage of personal
items that exceeds the accumulative Maximum Floor Area requirements for accessory buildings
and structures.
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. ONLY THE APPLICANT, SPECIFIED PERSONS, PUBLIC BODIES, REGISTERED OWNERS OF LAND TO WHICH THIS BY-LAW WOULD APPLY, AND THE MINISTER 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 SPECIFIED PERSON PUBLIC BODY, OR REGISTERED OWNER OF LAND TO WHICH THIS BY-LAW WOULD APPLY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the specified person, public body, or registered owner of
land to which the by-law would apply 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 6TH DAY OF June 2025.
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
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.
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator Harry Baranik, Fire Chief
DATE: June 19, 2025
REPORT: DS-19/25 FILE NO. C-07 / D13.ZBA
SUBJECT: Supplementary Staff Report - Residential Maximum Building
Height Regulations BACKGROUND
At its December 19, 2024 meeting, Council received Report DS-91/24 re Residential Maximum Building Height Regulations. Council passed the following motion:
Moved by: Councillor Froese Seconded by: Councillor Chilcott
THAT Report DS-91/24 regarding Residential Maximum Building Height Regulations be received for information; AND THAT staff be directed to report back to Council with options of how to increase the maximum building height in residential zones while maintaining emergency services. DISCUSSION As directed by Council, this report is prepared based on previous discussions and provides options for Council’s consideration.
For reference, Height is defined in the Zoning By-law No. Z456-2003 as follows:
HEIGHT, when used with reference to a building or structure shall mean the vertical distance between the horizontal plane through: a) The highest point of the roof assembly in the case of a building with a flat roof
or a deck roof; b) Be average level of a one-slope roof, between the ridge and the eaves, provided that a roof having a slope of less than twenty (20) degrees with the horizontal shall be considered a flat roof; c) The average level between eaves and ridges in the case of a roof type not covered in sub-sections a) and b).
Staff Report DS-19/25 ZBA Building Height 2
The current maximum building heights for the three urban residential zones are shown in the table below:
Section 9 Hamlet Residential (HR) Subsection 9.5 10.5 metres
Section 10 Village Residential 1 (R1) Subsection 10.5 7.0 metres
Section 11 Village Residential 2 (R2) Subsection 11.6 7.0 metres At the December 19, 2024 meeting, staff was asked what the approved heights were for the five
(5) minor variance applications in 2024. here were three (3) approved at 8.0 metres, one (1) approved at 8.05 metres, and one (1) approved at 8.3 metres. Council suggested that consideration be given to increasing the height by 0.5 metre or 1.0 metre whereby it could eliminate the majority of the minor variance requests. Staff noted that the height variances in most cases are a result of the house design with owner-desired pitched roofs and higher interior ceiling heights. The appropriate height of a residence is what is being considered and, through the Zoning By-law, the residential maximum building height was established with several factors in mind including higher density villages and public health and safety. Higher density occurs in Port Burwell, Vienna, Straffordville, Richmond, and Eden.
Bayham Emergency Services
Currently, Bayham Fire and Emergency Services (BFES) owns two (2) 7.3-metre (24 foot) ladders and two (2) 10-metre (34 foot) ladders secured to tankers located in Port Burwell and in Straffordville. BFES’ fleet does not include a ladder truck and therefore may rely on the
neighbouring fire departments (Aylmer and Tillsonburg) to provide ladder truck services if and when they are available for our emergency. However, in the future when the fleet is being replenished, there will be a period of time of approximately five years that the Port Burwell Station will not have a ten meter ladder because of the vehicle replacement. In this situation of equipment availability, the Port Burwell area will have a delay in tanker response until the Straffordville Tanker can arrive. BFES is continually aware of their capabilities and their limitations for fire protection. As noted in Report DS-91/24, BFES highly recommends residential sprinkler systems in all new dwellings over 7.0 metres in height in the higher-density areas to ensure adequate suppression is in place on-site. Failing this, any approved dwelling over 7.0 metres may require mutual aid and aerial support to help extinguish a fire. There is the chance in this situation that a ladder truck from a neighbouring municipality is not available, which may provide significant challenges in extinguishing a fire in a structure exceeding 7.0 metres.
In consultation with legal services, an option for Council may be to add a provision to the Zoning By-law indicating Council’s willingness to consider and/or streamline variance applications
related to height where the applicant provides the following: 1. Provision for unobstructed access around the building exterior year round for emergency services access; 2. A sprinkler system with adequate fire-rated central water pressure or an internal standpipe system with adequate water capacity and pressure; 3. An attestation from a NFPA Certified Fire Plan Inspector specifying that the proposal will provide appropriate suppression and is in line with NFPA 13 (NFPA 13 is the sprinkler installation code most referenced by the Fire Code and the Building Code); 4. Building design components such as building material, scale, and form are consistent with surrounding development and will not negatively impact the character
Staff Report DS-19/25 ZBA Building Height 3
of the surrounding neighbourhood; and 5. A review of the above by Bayham Fire and Emergency Services (BFES).
Options for Consideration
1. Maintain the existing Maximum Building Height regulations in Zoning By-law No. Z456-2003 Sections 10.5 and 11.6 and the Committee of Adjustment will continue to consider site-specific minor variance or zoning amendment applications for maximum building height. 2. Amend Zoning By-law No. Z456-2003 Section 10.5 and Section 11.6 Maximum Building Height regulations to align the urban residential HR, R1, and R2 zones by increasing the building height to 10.5 metres (34.4 feet) by directing staff to initiate a specific municipal-led zoning by-law amendment. 3. Amend Zoning By-law No. Z456-2003 Sections 10.5 and 11.6 Maximum Building Height regulations to increase the height to ___#____ metres and/or include a provision that streamlines variance applications for buildings in excess of that height limit where specific requirements are met by the applicant as described earlier in this Report.
4. Add to the 2026 Capital Budget deliberations the consideration for the purchase of an aerial pumper truck to enhance the Bayham Emergency Services fleet for the upcoming
replacement pumper in the Straffordville Station. If Council chooses to increase the height, staff will continue to engage in internal discussions
regarding fire protection in Bayham and applicable equipment or building strategies necessary to service taller structures. Bayham residents’ safety is the utmost concern and is the primary focus when considering policy changes. STRATEGIC PLAN Not applicable. RECOMMENDATION
THAT Report DS-19/25 regarding Residential Maximum Building Height Regulations be received for information; AND THAT Council provide staff direction regarding Residential Maximum Building Height Zoning Regulations. Respectfully Submitted by: Margaret Underhill Harry Baranik
Planning Coordinator/Deputy Clerk Fire Chief/CEMC/By-law B.A., CMM III Police Professional
Reviewed by: Fire Services Executive, CAFI Thomas Thayer, CMO, AOMC
Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: June 19, 2025
REPORT: DS-28/25 FILE NO. C-07 / D09.25HERI
Roll # 3401-000-002-19000
SUBJECT: Consent Application E24-25 Heritage Grown Inc.
57238 Light Line
BACKGROUND
Consent application E24-25 was received from the Elgin County Land Division Committee, as submitted
by Appointed Agent Jesse Froese on behalf of land Owners Heritage Grown Inc., proposing to sever a
parcel containing a single-detached dwelling located 57238 Light Line, west of Elgin County Road 55
and east of Toll Gate Road. The lands are designated as ‘Agriculture’ in Schedule ‘A1’ (Land Use) in the
Bayham Official Plan. The lands are zoned Agricultural (A1-A) in Schedule ‘A1’ Map No. 12 of the
Municipality of Bayham Zoning By-law No. Z456-2003.
The application proposes to sever a parcel of land approximately 0.26 hectares (0.65 acres) and to
retain approximately 82.41 hectares (203.64 acres) of land. The intent is to create a residential lot with a
single-detached dwelling surplus to the needs of the farm operation.
Elgin County Land Division Committee will consider the application on June 25, 2025.
DISCUSSION The planner’s memorandum attached, dated June 11, 2025, analyzes the application subject to the
Provincial Planning Statement, Elgin County Official Plan, the Bayham OP and Zoning By-law. The standard conditions for a surplus dwelling would include: rezoning both the severed and retained lands, a digital copy of the final survey, planning report fee payable to the Municipality upon the granting of the consent, and purchase of a civic address sign for the retained lands.
In addition, the Owner would be required to demonstrate legal access to the retained lands either through a registered easement over the severed lands or through an access permit for a new driveway, remove the southwesterly greenhouse in its entirety, provide copy of a registered easement for the overhead utilities crossing the severed lands to service the structures on the retained lands, disconnect from the existing well on the severed lands and install a new well on the retained lands with testing
Staff Report DS-28/25 Heritage Grown 2
reports provided to the Municipality. Staff and municipal planner recommend the support of the consent application for the severance of a surplus farm dwelling with the recommended conditions. STRATEGIC PLAN
Not Applicable. ATTACHMENTS 1. Consent Application E24-25 Heritage Grown Inc. 2. Arcadis Memorandum, dated June 11, 2025
RECOMMENDATION
THAT Report DS-28/25 regarding the Consent Application E24-25 Heritage Grown Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E24-25 proposing to create a residential lot for the existing dwelling surplus to the needs of the farm operation be granted subject to the following conditions and considerations:
1. That the Owner obtains approval of a Zoning By-law Amendment for the proposed severed parcel from an Agricultural (A1-A) zone to a Site-Specific Rural Residential (RR-XX) Zone to permit a Minimum Lot Area of 0.26 ha, a Minimum Lot Frontage of 34.5 m, and a Minimum Rear Yard Depth as measured to the covered attached porch, the exact distance of which will need to be provided. 2. That the Owner obtains approval of a Zoning By-law Amendment for the proposed retained lands from an Agricultural (A1-A) zone to a Site-Specific Special Agricultural (A2-XX) Zone to prohibit new dwellings and to permit a Minimum Side Yard Width of 7.7 metres. 3. That the Owner removes the southwesterly greenhouse in its entirety from the proposed retained lands.
4. That the Owner demonstrates legal access to the retained lands either through a registered easement over the driveway on the severed lands or through an access permit from the Municipality for a new driveway access to the retained lands. 5. That the Owner provides copy of a registered easement for the overhead utilities crossing the severed lands to service the structures on the retained lands. 6. That the Owner disconnects the barn from the existing well and installs an independent well
on the proposed retained lands to service the barn with written confirmation from a licensed well installer that the private well provides the quality and quantity of potable water required by Provincial standards. 7. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon the conditional granting of the consent. 8. That the Owner provides a digital copy of a survey of the subject lands. 9. That the Owner purchase a civic number sign for the retained lands. Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator|Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6
Memorandum
To/Attention Municipality of Bayham Date June 11, 2025
From Jeff Henry, RPP, MCIP Project No 3404-1000
Subject Heritage Grown Inc. – 57238 Light Line – Application for Consent E24-25
1. We have completed our review of Consent Application E24-25, submitted by
Jesse Froese on behalf of Heritage Grown Inc. (hereafter “owner” or “applicant”)
for the lands located at 57238 Light Line, west of Elgin County Road 55 and east
of Toll Gate Road. The applicant is requesting consent for the severance of 0.26
ha (0.65 acres) of land and to retain 82.41 ha. (203.64 acres) of land. The intent
is to create a residential lot containing an existing dwelling surplus to the needs
of the farm operation. The lands are designated as ‘Agriculture’ in Schedule ‘A1’
(Land Use) in the Bayham Official Plan. The lands are zoned Agricultural (A1-A)
in Schedule ‘A1’ Map No. 12 of the Municipality of Bayham Zoning By-law Z456-
2003.
2. As per Schedule ‘A1’ of the Bayham Official Plan, natural heritage features are
located along the eastern property line of the subject property, with a watercourse
located near the front southeast corner of the subject property. Lands further
along the eastern and northern property line of the subject property are regulated
by the LPRCA. The existing watercourse and natural heritage features are not
anticipated to be impacted by the severance, as the lot configuration of the
proposed retained and severed lot will not fragment these features, while no new
buildings or structures are proposed on the subject property.
3. The proposed severed parcel has lot frontage of 34.5 metres (113.2 feet), a lot
depth of 76.0 metres (249.3 feet) and total lot area of 0.26 hectares (0.65 acres)
to accommodate the existing single-detached dwelling and existing private well
and septic system. The proposed retained lot has a lot frontage of 420.0 metres
(1378.0 feet), a lot depth of 1,000.0 metres (3280.8 feet) and an approximate lot
area of 82.41 hectares (203.64 acres). It is understood that the existing
agricultural operations on the lands to be retained are to continue as they exist
today. There are a total of five (5) farm buildings and structures on the retained
lot consisting of three (3) barns used for storing farm equipment located northeast
of the proposed severed lot and two (2) old greenhouses not currently in use
located near the front southeast corner of the retained lot.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – June 11, 2025
2
4. The southwesterly greenhouse structure on the retained lands is located between
0.57 metres and 2.47 metres of the proposed lot line with the severed lands. The
central barn on the retained lands is located within 7.7 metres of the proposed lot
line with the severed lands. The rear façade of the single detached building on
the severed lands is located 10.46 metres from the proposed lot line with the
retained lands with the attached covered patio located an unspecified distance
closer to said lot line. Based on the definition of building, this covered patio forms
part of the building as it attached to and extends from the building and so the rear
yard depth for the proposed severed lands would be measured from this structure.
5. There is one (1) existing driveway access that meanders through the proposed
severed lot to the proposed retained lot, which will be maintained. As a condition
of approval, the applicant will require either (a) an easement over the existing
driveway on the severed lands in favour of the retained lands to enable access to
the proposed retained lot, or (b) a new access permit and driveway from the
Municipality solely on the retained lot.
6. There is an existing overhead utility line diagonally crossing the proposed severed
lands to serve the proposed retained lands. The applicant will require an
easement over the retained lands for this overhead utility line.
7. The surrounding uses are predominantly agricultural, with some rural residential
lots further west of the subject lands along Light Line.
8. The Provincial Planning Statement (hereafter, “PPS”) provides policy direction
with respect to Lot Creation and Lot Adjustments in prime agricultural areas for
surplus farm dwelling severances. Section 4.3.3.1.c) of the PPS reads as follows:
4.3.3.1 one new residential lot per farm consolidation for a residence surplus to
an agricultural operation, provided that:
c) a residence surplus to a farming operation as a result of farm
consolidation, provided that:
1. the new lot will be limited to a minimum size needed to
accommodate the use and appropriate sewage and water
services; and
Comment: Based on the current Severance Sketch, the proposed
severed lot is no larger than necessary to meet the minimum size
needed to accommodate the existing private well and septic
system. The applicant is required to provide a new well on the
retained lot to provide a separate water source for the agricultural
operations on the retained lot, as a condition of approval in
Paragraph 11 of this Memo.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – June 11, 2025
3
2. the planning authority ensures that new dwellings and additional
residential units are prohibited on any remnant parcel of farmland
created by the severance. The approach used to ensure that no
new dwellings or additional residential units are permitted on the
remnant parcel may be recommended by the Province, or based
on municipal approaches that achieve the same objective; and
Comment: As noted in Paragraph 11 of this Memo below, the
applicant is required to rezone the retained lot from A1-A to A2 to
prohibit the development of a future residential dwelling.
Therefore, it is our opinion that the proposed consent is consistent with the PPS.
9. In the Elgin County Official Plan (hereafter, ‘Elgin OP’), policies for Consent and
Lot Creation on Lands in the Agricultural Area are found in Section E1.2.3 (New
Lots by Consent). Section E1.2.3 indicates that proposals for Consent shall be in
conformity with the relevant policies in the Elgin OP, the local Official Plan and
the provisions of the Planning Act.
Elgin County OP Section E1.2.3.1 provides further direction with respect to the
general criteria that consent applications shall address as follows:
Provisional consent may be granted subject to appropriate conditions of
approval for the severed and/or retained lot. Prior to issuing provisional consent
for a new lot for any purpose, the approval authority shall be satisfied that the
lot to be retained and the lot to be severed:
a) Fronts on and will be directly accessed by a public road that is maintained
on a year-round basis;
Comment: The severed and retained lots will have continued frontage
along Light Line. The severed lot will maintain the existing driveway access,
while either an easement over the existing driveway or a new access permit
from the Municipality will be required to ensure access to the proposed
retained lot is maintained, per the identified conditions of approval.
b) Does not have direct access to a Provincial Highway or County Road,
unless the Province or the County permits a request for access;
Comment: Not applicable, as the proposed severed and retained lots will
have direct access to Light Line, which is identified as a Local Road in
Schedule ‘A2’ of the Bayham Official Plan.
c) will not cause a traffic hazard;
Comment: The proposed severance will not cause a traffic hazard, as the
existing access to the severed lot will remain unaltered as it exists today. It
is our opinion that a new access to the retained lot can be provided that will
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – June 11, 2025
4
not cause a traffic hazard, as Light Line is straight and generally level for
ease of access.
d) has adequate size and frontage for the proposed use in accordance with
the local municipal Zoning By-law;
Comment: The proposed retained lot will meet the minimum lot area and
lot frontage requirements of the A2 zone. Based on the current Severance
Sketch, the proposed severed lot will not meet the minimum lot area and
lot frontage requirements of the future RR Zone. Based on our review of
the current parcel fabric, it is our opinion that the lot size and frontage of
the proposed severed lot is appropriate to limit the impact on existing
agricultural operations on the proposed retained lot, while providing
adequate space for the existing well and septic system on the proposed
severed lot.
Please see Paragraph 11 and the Conditions of Approval for further details.
Therefore, we are of the opinion these criteria can be met, subject to the
Conditions of Approval.
e) notwithstanding d) above, where a zoning by-law amendment or minor
variance is required, approval of such amendment or variance shall be
included as a condition of the approval of the consent;
Comment: As a Condition of Approval, the applicant is required to rezone
the proposed severed lot from A1-A to RR and the retained lot from A1-A
to A2. Please see Paragraph 11 of this Memo below.
f) can be serviced with an appropriate water supply and means of sewage
disposal, provided there is confirmation of sufficient reserve sewage
system capacity and reserve water system capacity within municipal
sewage services and municipal water services;
Comment: Based on the current Severance Sketch, the owner/applicant
intends to service the severed lot with the existing private well and septic
system. The applicant provided a supporting bacteriological analysis of the
drinking water from the existing well, demonstrating that there is no fecal
contamination to the drinking water supplied by the existing well on the
proposed severed lot. As a condition of approval, the applicant is required
to provide a new well on the retained lot to provide a separate water source
for the agricultural operations on the retained lot.
g) will not have a negative impact on the drainage patterns in the area;
Comment: There are no other physical changes to the lands proposed,
therefore, no negative impacts to drainage patterns are anticipated.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – June 11, 2025
5
h) will not restrict the development of the retained lands or other parcels of
land, particularly as it relates to the provision of access, if they are
designated for development by this Plan;
Comment: The proposed consent will not restrict the development of the
retained lands (or other parcels), as the applicant will be required to provide
an easement over the existing driveway to enable access to the proposed
retained lot through the severed lot or will be required to obtain a new
access permit from the Municipality to ensure future access to the
proposed retained lot.
i) will not have a negative impact on the significant features and functions of
any natural heritage feature; in this regard, lots should be restricted in size
in order to conserve other lands in larger blocks for natural heritage
purposes;
Comment: As per the Bayham Official Plan, natural heritage features are
located along the eastern property line of the subject property, with a
watercourse located near the front southeast corner of the subject property.
Based on the current Severance Sketch, the proposed lot configuration of
the proposed severed and retained lot will not fragment the existing
watercourse or natural heritage features on the subject property. In
addition, no new development is proposed on the subject property. It is our
opinion that the severance will not further impact the existing watercourse
and natural heritage features on the subject property.
j) will not have a negative impact on the quality and quantity of groundwater
available for other uses in the area;
Comment: The owner/applicant provided supporting bacteriological
analysis of drinking water of the existing well on the proposed severed lot,
demonstrating that there is no fecal contamination to the drinking water
supplied by the existing well. As the proposed severance does not propose
any physical changes to the subject lands, as the existing single-detached
dwelling and agricultural operations will remain as they exist today, it is our
opinion that the proposed severance will not have negative impact on the
quality and quantity of groundwater in the area, as demonstrated by the
documentation provided by the applicant.
As a Condition of Approval, the applicant will be required to demonstrate
through appropriate documentation from a qualified professional that the
new well on the retained lot will not have a negative impact on the quality
and quantity of groundwater in the area in accordance with Provincial
standards.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – June 11, 2025
6
k) will not have an adverse effect on natural hazard processes such as
flooding and erosion;
Comment: The proposed severance does not propose any physical
changes to the subject lands, as the existing single-detached dwelling and
agricultural operations will remain as they exist today. Therefore, no
adverse impacts will occur.
l) conform with the local Official Plan; and,
Comment: The proposed severance will conform to the Bayham Official
Plan, subject to the recommendations proposed below.
m) will conform to Section 51 (24) of the Planning Act, as amended.
Comment: Section 51(24) of the Planning Act pertains to the consideration
of a Draft Plan of Subdivision.
Therefore, it is our opinion that the proposed Consent Application conforms to the
Elgin OP, subject to the Conditions of Approval listed below.
10. The Municipality of Bayham Official Plan Section 2.1.7.1 indicates that “farm consolidation shall mean the acquisition of additional farm parcels to be operated as one farm operation”. There are several policies within Section 2.7.1, which are listed as follows:
In the opinion of Municipal Council, a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate
area of the subject lands;
Comment: It is our opinion that the proposed consent will not result in land
use conflicts. The existing single-detached dwelling to be severed as a surplus farm dwelling and existing agricultural operation to be retained will remain as they exist today.
Where a farm parcel with more than one existing dwelling is being
consolidated into a farm operation, only one dwelling may be severed from that farm parcel, and no more than one severance of a surplus dwelling
shall be allowed from an original farm parcel regardless of changes in
boundary or ownership; Comment: The proposed consent only contemplates the severance of one (1) surplus farm dwelling as a result of farm consolidation.
A minimum of one existing dwelling within the Municipality of Bayham must
be retained by the proponent farm operation, or a registered owner of the proponent farm operation.
Comment: The owner/applicant owns a minimum of one (1) existing
dwelling within the Municipality of Bayham.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – June 11, 2025
7
Sections 2.1.7.2 and 2.1.7.2 of the Bayham Official Plan provides consideration
for the approval and requirements of severances for surplus farm dwellings as
follows:
2.1.7.2 The severed lot with the surplus farm dwelling shall:
a) Be no larger than is necessary to support a private sanitary sewage
treatment and disposal system as determined by the appropriate approval
authority, and be serviced by a potable water supply;
Comment: The proposed severed lot is no larger than necessary to
support the existing private well and septic system.
b) Meet the provisions of the MDS 1 for livestock facilities and manure
storage facilities on the proposed retained lands; and,
Comment: As per Section 2.1.2.2 of the Bayham Official Plan and The
Minimum Distance Separation (MDS) Document Publication 853,
Guideline #9, it is understood that MDS 1 is not applied to the proposed
surplus farm dwelling severance, given that the existing farm buildings on
the retained lot are not used for livestock facilities.
c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the
Municipality of Bayham
Comment: As detailed further in Paragraph 11 of this Memo below, the
applicant is required to rezone the proposed severed lot from A1-A to RR
with site-specific exceptions.
2.1.7.3 The severed lot with the surplus farm dwelling may:
a) Include accessory buildings and structures if in the opinion of Municipal
Council a land use conflict will not be created; and,
Comment: It is understood that the proposed severed lot does not feature
accessory buildings or structures.
b) Include accessory buildings and structures where the property has been
rezoned to prohibit the keeping of livestock
Comment: See comment above.
Section 2.1.7.4 of the Bayham Official Plan provides additional consideration for
the approval and requirements of the retained agricultural lands as follows:
a) Depending on the current zoning and lot size, meet the provisions of the
Agricultural (A1 / A1-A) Zone regulations of the Zoning By-law of the
Municipality of Bayham; and,
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – June 11, 2025
8
Comment: The applicant is required to rezone the retained lot from A1-A
to A2 to prohibit the development of a future residential dwelling. The
proposed retained lot will have an area of approximately 82.41 hectares
and 420 metres of lot frontage along Light Line, which meets the minimum
lot area and lot frontage requirements for the A2 Zone. The central barn is
located within 7.7 metres of the proposed lot line with the severed lands,
which is less than the required 10.0 metres from a side lot line (being any
lot line other than the front or rear lot line). Further, the southwesterly
greenhouse structure is located between 0.57 metres and 2.47 metres of
the proposed lot line with the severed lands rather than the minimum
required 10.0 metres. As a condition of approval, the applicant will be
required to remove the southwesterly greenhouse as it is understood only
the foundation remains.
b) Be rezoned to prohibit the placement, development, or establishment of
any additional type or form of residential dwelling units thereon, regardless
of changes in property boundary or ownership.
Comment: As noted above and in Paragraph 11 of this Memo below, the
applicant is required to rezone the retained lot from A1-A to A2 to prohibit
the development of a future residential dwelling.
Therefore, based on the analysis provided above, the proposed consent is in
conformity with Bayham Official Plan, subject to the Conditions of Approval listed
below.
11. The proposed retained lot is currently zoned A1-A and must be rezoned to a
Special Agricultural (A2) zone to prohibit new dwellings, as per Official Plan
Section 2.1.7.4. The proposed lot configuration by the applicant can
accommodate the minimum Lot Area of 20.0 hectares and minimum Lot Frontage
of 150.0 metres as required in the A2 zone. However, the central barn is located
within 7.7 metres of a proposed side lot line with the severed lot rather than the
required 10.0 metres while the southwesterly greenhouse (foundation only) is
located within 0.57 metres of a proposed side lot line with the severed lot.
The proposed severed lot is currently zoned A1-A and must be rezoned to a Rural
Residential (RR) zone consistent to the resulting residential use and Official Plan
Section 2.1.7.2. The proposed severed lot does not meet the minimum Lot Area
of 0.4 hectares and the minimum Lot Frontage of 50.0 metres required in the RR
zone. It is our opinion that the lot size and frontage of the proposed severed lot is
appropriate to limit the impact on existing agricultural operations on the proposed
retained lot, while providing adequate space for the existing well and septic
system on the proposed severed lot. The building on the proposed severed lot is
setback less than 10.46 metres to the proposed rear lot line with the retained
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – June 11, 2025
9
lands, which is less than the required 15.0 metres, noting that the setback is to be
measured from the attached covered porch.
As a Condition of Approval, the applicant is required to request and receive
approval for the required zoning by-law amendments noted above, including site-
specific zoning exceptions to the minimum lot frontage, minimum lot area, and
minimum rear yard depth regulations of the RR zone for the severed lot and the
minimum side yard depth regulation of the A2 zone. Further, the applicant is
required to remove the southwesterly greenhouse as relief from this reduced
setback of 0.57 metres cannot be supported.
11. Based on the above review of Consent Application E24-25, we have no objection
to the proposed consent to create a residential lot for the existing dwelling surplus
to the needs of the farm operation and recommend the following conditions for
approval:
a) That the owner obtains approval of a Zoning By-law Amendment for the
proposed severed parcel from an Agricultural (A1-A) zone to a Site-Specific
Rural Residential (RR-XX) Zone to permit a Minimum Lot Area of 0.26 ha, a
Minimum Lot Frontage of 34.5 m, and a Minimum Rear Yard Depth as
measured to the covered attached porch, the exact distance of which will
need to be provided.
b) That the owner obtains approval of a Zoning By-law Amendment for the
proposed retained lands from an Agricultural (A1-A) zone to a Site-Specific
Special Agricultural (A2-XX) Zone to prohibit new dwellings and to permit a
Minimum Side Yard Width of 7.7 metres.
c) That the owner removes the southwesterly greenhouse from the proposed
retained lands.
d) That the owner demonstrates legal access to the retained lands either
through a registered easement over the driveway on the severed lands or
through an access permit from the Municipality for a new driveway access
to the retained lot.
e) That the owner registers an easement over the retained lands for the
overhead utilities servicing the severed lands.
f) That the owner installs a new well on the proposed retained lot with
appropriate documentation from a qualified professional that the new well
will be sited to ensure no negative impacts occur on the quality and quantity
of groundwater in the area in accordance with Provincial standards.
g) That the owner provides a Planning Report Fee payable to the Municipality
of Bayham.
h) That the owner provides a digital copy of a survey of the subject property.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – June 11, 2025
10
i) That the applicant applies to and pay all fees to the Municipality with respect
to Civic Addressing/signage for the retained lot, where necessary.
Jeff Henry
Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: June 19, 2025
REPORT: DS-29/25 FILE NO. C-07 / D13.NEUF
Roll # 3401-000-006-05505 SUBJECT: Rezoning Application ZBA-015/25 Neufeld, J & A 56132 Howey Line
Draft Zoning By-law No. Z809-2025
BACKGROUND
Agent Jake Klassen submitted a zoning amendment application on behalf of owners John and
Angie Neufeld to rezone their property at 56132 Howey Line, north-east corner property at the
intersection of Plank Road and Howey Line/Maple Grove Line.
The lands are designated as ‘Estate Residential’, on Schedule ‘A1’ Land Use in the Municipality
of Bayham Official Plan. The lands are zoned ‘Estate Residential (ER)’ on Schedule ‘A’ Map
No. 6 in Zoning By-law No. Z456-2003.
The purpose of this By-law Amendment is to rezone the subject property from ‘Estate Residential
(ER)’ Zone to ‘Site Specific Estate Residential (ER-15)’ Zone to permit the construction of a
second accessory building which requires the following provisions:
• Section 8.13.15.2 to permit a Maximum Cumulative Floor Area for Accessory Buildings of
210m²; where a Maximum of 95m² or 8 percent Lot Coverage (whichever is lesser) is
required under Section 8.10.2.
• Section 8.13.15.3 to permit a Minimum Lot Area of 0.27 ha; whereas 0.4 ha is required
under Section 8.3
The effect of this By-law is to permit a new accessory building that exceeds the Maximum Floor
Area requirements for the storage of personal recreational vehicles and belongings and to
recognize an existing Lot Area that is under the required area for the ‘ER’ zone. Any commercial
use of the accessory building is not permitted.
The public meeting was held on June 5, 2025 with no signed-in attendees and no public written
comments have been received since the public meeting. The Long Point Region Conservation
Authority (LPRCA) provided comment that the property is not subject to natural hazards and is
not within the regulation limit of Ontario Regulation 41/24 and therefore has no comments.
Staff Report DS-29/25 Neufeld 2
DISCUSSION The planner’s memorandum, dated June 11, 2025, reviews the application and provides that it conforms to the Bayham Official Plan and meets the general intent and purpose of the Zoning Bylaw. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the parcel from Estate Residential (ER) to Site-specific Estate Residential (ER-15) Zone to permit the construction of an accessory building that exceeds the Maximum Floor Area requirements for the storage of personal recreational vehicles and belongings and to recognize an existing lot area that is under the required area for the ER zone.
Draft Zoning By-law No. Z809-2025 is presented for consideration. STRATEGIC PLAN
Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-15/25 Neufeld 2. Arcadis Memorandum, dated June 11, 2025 3. Draft Zoning By-law No. Z809-2025 RECOMMENDATION THAT Report DS-29/25 regarding the Neufeld rezoning application ZBA-15/25 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held June 5, 2025 associated with this application, there were no public oral presentations and
no public written submissions 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 lands located in South Part Lot 20 Concession 8, municipally identified as 56132 Howey Line, from Estate Residential (ER) Zone to Site-specific Estate Residential (ER-15) Zone to permit the construction of a second accessory building for personal storage which requires provisions: • to permit a Maximum Cumulative Floor Area for Accessory Buildings of 210m²; where a Maximum of 95m² or 8 percent Lot Coverage (whichever is lesser) is required under Section 8.10.2, and; • to permit a Minimum Lot Area of 0.27 ha; whereas 0.4 ha is required under Section
8.3 AND THAT Zoning By-law No. Z809-2025 be presented to Council for enactment.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date June 11th, 2025
From Jeff Henry, RPP, MCIP Project No 30260140 - 977
cc
Subject Neufeld - Application for Zoning By-law Amendment ZBA-
15/25, 56132 Howey Line
Background
1. We have completed a review of the application for a Zoning By-law Amendment
submitted by John and Angie Neufeld, owners of the subject property identified as
56132 Howey Line, north-east corner of the intersection of Plank Road and Howey
Line / Maple Grove Line; south of the Hamlet of Eden. The applicant is requesting
a Zoning By-law Amendment to rezone the subject property from ‘Estate
Residential (ER)’ Zone to a ‘Site-Specific Estate Residential (ER-15)’ Zone to
permit the development of an additional accessory building on the subject property
for the storage of personal belongings and vehicles, which requires relief from the
following provision:
• Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory
Buildings of 210m², whereas 95.0 m² is required.
2. An additional Site Specific will also be applied to recognize the existing Lot Area of
the Subject Property, which requires relief from the following provision:
• Section 8.3 to permit a Minimum Lot Area of 0.27ha, whereas 0.4ha is required.
3. The lands are currently designated as ‘Estate Residential’ in Schedule ‘A1’: Land
Use in the Municipality of Bayham Official Plan. The lands are currently zoned
‘Estate Residential (ER)’ in Schedule ‘A, Map 6’ in Zoning By-law No. Z456-2003.
Subject Property and Surrounding Area
4. The subject property has a Lot Area of approximately 0.2752 ha (0.68 acres) and
an estimated Lot Frontage of 57 m (187 ft). The subject property consists of an
existing single-storey, detached dwelling with an attached double garage and an
existing accessory structure in the form of a shed to the rear of the property in the
north-east corner. The existing single-detached dwelling will remain as is and the
existing shed will be relocated to the north-west corner of the property. The intent
ARCADIS MEMORANDUM
Municipality of Bayham – June 11th, 2025
2
is to build an additional, larger accessory structure large enough to store a boat and
other personal recreational vehicles and belongings in the north-east corner of the
property. In this location, access can easily be extended from the existing driveway.
5. An existing access from Howey Line is currently used to access the subject property
and will continue to be utilized for the proposed accessory storage building. The
existing dwelling is currently serviced by a private well and septic sanitary system,
which are proposed to remain as is, with no connection to the proposed building.
6. The subject property is immediately adjacent to existing low-rise residential
dwellings to the east and west along Howey Line. Across the street to the south are
agricultural lands currently used for crops. To the rear of the property is an Auto
Repair and Sales business.
7. The Hamlet of Eden is located approximately 2km north along Plank Road from of
the subject property, with mainly Agricultural lands and rural dwellings in between.
Public Comments
8. A statutory Public Meeting was held on June 5th, 2025, and no written or verbal
feedback from the public were received.
Municipality of Bayham Official Plan
9. The Bayham Official Plan designates the subject property as ‘Estate Residential’ in
Schedule ‘A1’. As per Section 3.1.4 of the Official Plan, the ‘Estate Residential’ land
use designation is restricted to low density, single unit dwellings.
The subject property is one of the Estate residential dwellings permitted under this
designation.
10. Comment: The proposed structure is accessory to the permitted residential
dwelling. No change to the residential use or boundaries of the property is proposed
and therefore conforms to the intent of the Bayham Official Plan Estate Residential
designation.
Municipality of Bayham Zoning By-law
11. The subject property is currently zoned ‘Estate Residential (ER)’ in Schedule ‘A,
Map 6’ in Zoning By-law No. Z456-2003. As per Section 8.10.2 of the Zoning By-
law, the Maximum Floor Area for an accessory building in the ER Zone is 95m² or
8% of the Lot Coverage, whichever is less. The intent of this regulation is to avoid
large scale accessory buildings which may have an impact on drainage or to the
surrounding area and neighbours and to ensure the primary use of the land
continues to be residential.
ARCADIS MEMORANDUM
Municipality of Bayham – June 11th, 2025
3
12. Comment: It is our opinion that the proposed Floor Area of 191 m2 (2,055ft2) for
the proposed accessory storage building meets the general intent and purpose of
the Zoning By-law, given the size of the subject property and proposed location of
the accessory storage building. The proposed size is in keeping with its intended
use, in which to store personal vehicles. The intent of the restricted Accessory Floor
Area provision is to regulate the total floor area of all accessory uses on the
property. The proposed cumulative Maximum Floor Area of 210m2 (including the
existing shed) represents an equivalent lot coverage of less than 8%. The location
of the new structure along the interior side yard and at the rear of the property abuts
an Auto Servicing and Sales use. In our opinion, the proposed use in this location
will not have a significant impact on the surrounding area and neighbours. If
combined with the existing single-detached dwelling, this would equate to a total lot
coverage of approximately 16% for all buildings/structures on the site. This provides
sufficient balance between the landscaped and developed space on the subject
property. Further, the primary use of the lands continues to be residential.
Therefore, it is our opinion that the proposed Maximum Floor Area for the proposed
accessory building on the subject property meets the general intent and purpose of
the Zoning By-law and will not have adverse impacts to adjacent properties.
Conclusion and Recommendations
13. Based on our review, Arcadis has no objection to the requested Zoning By-law
Amendment Application to rezone the subject property from ‘Estate Residential
(ER)’ Zone to a ‘Site-Specific Estate Residential (ER-15)’ Zone to permit the
development of an additional accessory storage building on the subject property for
the storage of personal recreational vehicles and personal belongings, which
requires relief from the following provisions:
• Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory
Buildings of 210 m², whereas 95.0 m² is required.
Jeff Henry
Arcadis Professional Services (Canada) Inc.
Jeff Henry, RPP, MCIP
Consulting Planner to the Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z809-2025
NEUFELD
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 6” by changing the zoning symbol on the subject lands from ‘‘Estate Residential (ER)’ Zone to a ‘Site-Specific Estate Residential (ER-15)’ Zone, which lands
are outlined in heavy solid lines and marked “ER-15” on Schedule “A, Map 6” 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 8.13 Exceptions – Estate Residential (ER) Zone by adding the following clauses:
8.13.15.1 Defined Area
ER-15 as shown on Schedule A, Map 6 to this By-Law
8.13.15.2 Maximum Floor Area for Accessory Buildings
Notwithstanding the provisions of Section 8.10.2 of this By-Law, the following shall apply:
Maximum Floor Area (cumulative) for Accessory Buildings of 210m²
8.13.15.3 Minimum Lot Area
Notwithstanding the provisions of Section 8.3 of this By-Law, the following shall apply:
Minimum Lot Area of 0.27ha
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 19TH DAY OF JUNE 2025.
Z809-2025
READ A THIRD TIME AND FINALLY PASSED THIS 19H DAY OF JUNE 2025.
MAYOR CLERK
Z809-2025
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: June 19, 2025
REPORT: DS-30/25 FILE NO. C-07/ D13.1498855 Ont
Roll # 3401-004-001-25400
SUBJECT: OPA No. 39 and Zoning By-law Amendment ZBA-27/24 1498855 Ontario Inc.
92 Edison Drive, Vienna
Draft Zoning By-law No. Z811-2025 BACKGROUND
Staff Report DS-25/25, By-law No. 2025-037 and Zoning By-law No. Z807-2025 were included in the May 15, 2025 regular Council agenda. At the May 15, 2025 meeting under Section 3 of the Agenda, Chief Administrative Officer (CAO) Thomas Thayer noted that items 12.2 A, 14. D and 14. H were to be removed from the agenda as staff were notified after the posting of agenda, on the day of the meeting, that Long Point Region
Conservation Authority (LPRCA) missed providing comments and wished to do so. CAO Thayer noted that should Council wish to still consider the report, that a resolution noting so could be passed. Council passed the following resolution:
Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler
THAT items 12.2 A, 14. D and 14. H remain on the agenda for consideration.
After considering Item 12.2 A. Staff Report DS-25/25, Council passed the following motions: Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Staff Report DS-25/25 regarding the Official Plan Amendment Application OPA-04/24 and ZBA-27/24 submitted by 1498855 Ontario Inc. (c/o Timothy Emerson) be received for information;
AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held
December 19, 2024 associated with this application, there was one in-person and one
DS-30/25 1498855 Ontario Inc 2
virtual presentation, and no written public submissions and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Council considers the proposed amendment to add a site-specific text section to the Official Plan to be consistent with the Provincial Policy Statement 2024, and in conformity to the Elgin County Official Plan, and the Municipality of Bayham Official Plan; AND THAT By-law No. 2025-037, being an adopting By-law for Official Plan Amendment No. 39, for the purpose of adding a new site-specific sub-section 4.5.5.11 to the Official Plan to designate the south-western portion of the subject property from the ‘Open Space’ and ‘Hazard Lands’ designation to the ‘Commercial’ designation, and subsequently, Zoning By-law No. Z807-2025 to rezone the south-western portion of the subject property from the current ‘Holding Village Residential 1 (R1(h2))’ Zone to a ‘Site-Specific Tourist Commercial (C3-2)’ Zone, limiting the proposed use to a Maximum Floor Area of 450.0 m2 (4,843.76 ft2)
in order to permit the proposed Micro Distillery use with an ancillary Interpretation and Information Centre on private services be presented for enactment; AND THAT adopted Official Plan Amendment No. 39 be forwarded to the County of Elgin for Approval.
and: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2025-037 and Z807-2025 be read a first, second and third time and finally passed. DISCUSSION The LPRCA correspondence was received on May 16, 2025 and later revised, dated May 28,
2025, and received the same day. Their concerns are in regards to the listed permitted uses, specifically “Bed and Breakfast Lodging or Tourist Home”, and by including this use they consider the Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) to not be consistent
with Section 5.2.3 c) of the Provincial Policy Statement 2024. The LPRCA correspondence is attached to this Report.
The required Official Plan Amendment (OPA) “record” was prepared and submitted to the County of Elgin on May 30, 2025. The “record” included the LPRCA correspondence. Municipal staff were notified on June 6, 2025 by the County that they had reviewed and corresponded with the LPRCA regarding their concerns for the OPA and ZBA applications and that prior to proceeding with County review of OPA No. 39, the LPRCA concerns are addressed and the application be consistent with Provincial Policies. The County correspondence dated June 6, 2025 is attached to this Report. After further discussions with the County, municipal staff and planner concluded that the process forward is a new zoning by-law to repeal and replace Zoning By-law No. Z807-2025, whereby “Bed and Breakfast Lodging or Tourist Home” are noted as removed from the listed permitted
uses. The applicant/agent, County, and LPRCA have advised that they have no objections to the amendments to the Zoning By-law. The LPRCA correspondence, dated June 11, 2025, is attached to this Report.
DS-30/25 1498855 Ontario Inc 3
The planners have advised that no further public meeting is required per Section 34(17) of the Planning Act. Staff and planner recommend the approval of draft Zoning By-law No. Z811-2025. Once approved, the zoning by-law will be added to the OPA No. 39 “record” and submitted to the
County. STRATEGIC PLAN Not Applicable. APPENDICES 1. Long Point Region Conservation Authority, correspondence, dated revised May 28, 2025 2. Elgin County correspondence, dated June 6, 2025 3. Long Point Region Conservation Authority, correspondence, dated June 11, 2025
4. Draft Zoning By-law No. Z811-2025 RECOMMENDATION
THAT Staff Report DS-30/25 regarding the Official Plan Amendment No. 39 and Zoning By-law No. Z807-2025 for 1498855 Ontario Inc. be received for information; AND THAT that no further public meeting is required per Section 34(17) of the Planning Act;
AND THAT the zoning be changed on the south-western portion of the subject property from the current ‘Holding Village Residential 1 (R1(h2))’ Zone to a ‘Site-Specific Tourist Commercial (C3-2)’ Zone, limiting the proposed use to a Maximum Floor Area of 450.0 m2 (4,843.76 ft2) in order to permit the proposed Micro Distillery use with an ancillary Interpretation and Information Centre on private services;
AND THAT Zoning By-law No. Z811-2025 be presented for enactment.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer
1
DATE: June 6, 2025
FROM: Diana Morris, Senior Planner
SUBJECT: 92 Edison Drive (OPA No.39 & ZBL No. Z807-2025), Municipality of Bayham
In follow up to our discussions held on June 5, 2025, County staff have reviewed and
corresponded with the Long Point Region Conservation Authority (LPRCA) regarding their
concerns for the above noted applications.
Understanding that the County is not the approval authority for the Zoning By-law Amendment,
the County is responsible for the approval of Official Plan Amendments, which, in the case of the
subject application will facilitate the zoning of the subject lands.
The Conservation Authority has provided comments, dated May 16, 2025, revised May 28, 2025,
that outlined concerns with the additional permitted uses within the site-specific by-law,
specifically, a Bed and Breakfast Lodging and Tourist Home. These uses allow for overnight
accommodations within an area where there is no safe access to, and from, the property in times
of flooding for occupants and first responders.
Therefore, LPRCA concluded that the proposed Zoning By-law Amendment and the Official Plan
Amendment are not consistent with Section 5.2.3 c) of the Provincial Planning Statement, 2024.
Prior to proceeding with County review of the OPA, staff request that LPRCA concerns are
addressed and the application be consistent with Provincial Policies.
Please advise on how you wish to proceed with the application(s).
Thank you,
Written and Prepared by:
Diana Morris, RPP, MCIP
Senior Planner
May 16, 2025
Revised May 28, 2025
Revised June 11, 2025
Municipality of Bayham
56169 Heritage Line
Straffordville, ON
N0J 1Y0
Attention: Margaret Underhill
Long Point Region Conservation Authority (LPRCA) staff have had an opportunity to review the
applications ZBA-27-24, OPA-04-24 and can provide the following comments based on LPRCA’s
plan review responsibilities for the Municipality of Bayham’s consideration.
It is staff’s understanding that the submitted application will facilitate a micro-distillery with
ancillary retail and event space through:
1. An Official Plan Amendment to re-designate the south-western portion of the subject
property from ‘Open Space’ and ‘Hazard Lands’ designation to the ‘Commercial’
designation;
2. A Zoning Bylaw Amendment to rezone the current ‘Holding Village Residential 1 (R1(h2))’
Zone to a ‘Site-Specific Tourist Commercial (C3-2)’ Zone with specific permitted uses.
Delegated Responsibility from the Minister of Natural Resources, Chapter 5.2 of the Provincial
Planning Statement, 2024
Conservation Authorities have been delegated responsibilities from the Ministry of Natural
Resources to represent the provincial interests regarding natural hazards encompassed by
Chapter 5.2 of the Provincial Planning Statement, 2024 (PPS). The overall intent of Chapter 5.0 -
Protecting Public Health and Safety of the PPS is to reduce the potential public cost and/or risk to
Ontario’s residents from natural or human-made hazards. As such, “development shall be directed
away from areas of natural or human-made hazards where there is an unacceptable risk to public
health or safety or of property damage, and not create new or aggravate existing hazards.”
The application is subject to the following subsections of Chapter 5.2 of the Provincial Planning
Statement:
5.2.2 Development shall generally be directed, in accordance with guidance developed by the
Province (as amended from time to time), to areas outside of:
b) hazardous lands adjacent to river, stream and small inland lake systems which are
impacted by flooding hazards and/or erosion hazards.
5.2.3 Development and site alteration shall not be permitted within:
c) areas that would be rendered inaccessible to people and vehicles during times of
flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been
demonstrated that the site has safe access appropriate for the nature of the
development and the natural hazard.
MNR’s Great Lakes – St. Lawrence River Shorelines and Large Inland Lakes Technical Guide (2001)
The MNR’s Great Lake-St. Lawrence River Shorelines and Larger Inlands Lakes Technical Guide
provides a consistent and standardized procedure for the identification and management of Great
Lakes – St. Lawrence River Shorelines within the Province of Ontario.
The subject lands are partially within the 100-year floodplain of Big Otter Creek. During a flood
event, the road to access the property will become inundated with floodwater for just less than a
kilometer. The building proposed for the micro distillery is existing and is located outside of the
100-year floodplain. The permitted uses only include commercial uses; overnight
accommodations are not included in the amendment.
The application is consistent with sections 5.2.2 b) and 5.2.3 c) of the Provincial Planning Statement,
2024.
Please contact me should you have further questions in this regard.
Isabel Johnson, Resource Planner
Long Point Region Conservation Authority
519-842-4242 | planning@lprca.on.ca
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z811-2025
1498855 ONTARIO INC. (EMERSON)
BEING A BY-LAW TO REPEAL AND REPLACE BY-LAW No. Z807-2025 AND 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. Z807-2025 is hereby repealed.
2) 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 a ‘Site-Specific Tourist Commercial (C3-2)’ Zone, which lands are outlined in heavy solid lines and marked “C3-2” on Schedule ‘H’ (Vienna) to this By-law, which schedule is attached to and forms part of this By-law.
3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 19.13 Exceptions – Tourist Commercial (C3) Zone by adding the following clauses:
19.13.3.1 Defined Area
C3-2 as shown on Schedule ‘H’ (Vienna) to this By-law.
19.13.3.2 Definition
Micro-Distillery, shall mean a premise used for the small scale and independent manufacturing of alcohol by distillation, including the retail sales of alcohol meant for consumption off-premises, or onsite
consumption when located in combination with a permitted ancillary
Interpretation and Information Centre.
Interpretation and Information Centre, shall mean a premise used for
educational purposes pertaining to the natural or cultural heritage of a place of interest in which a collection of objects illustrating history and related types of information is kept for display and storage.
19.13.3.3 Permitted Uses
Micro-Distillery and ancillary Interpretation and Information Centre, with a total Maximum Floor Area of 450.0 m2 on private water and septic servicing.
Animal clinic;
Bakeries;
Z811-2025
Restaurant;
Retail stores or service shops not engaged in manufacturing on the premises;
Tavern;
Personal service shop; and,
Accessory use including one dwelling unit as an accessory use.
4) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by The Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by The Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
c) Where Official Plan Amendment No.39 comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended.
READ A FIRST TIME AND SECOND TIME THIS 19TH DAY OF JUNE 2025.
READ A THIRD TIME AND FINALLY PASSED THIS 19TH DAY OF JUNE 2025.
MAYOR CLERK
Z811-2025
The Township of Georgian Bay
Resolutions
Council - 02 Jun 2025
Item 11.(b)
Date: June 2, 2025 C-2025-155
Moved by Councillor Kristian Graziano
Seconded by Councillor Allan Hazelton
WHEREAS the Floating Accommodations – Position Paper (April 2025) provides detailed guidance to Ontario municipalities on the regulation of Floating Accommodations, highlighting critical legal and environmental challenges; and
WHEREAS the document identifies significant gaps in current provincial and federal frameworks that municipalities are best positioned to address through zoning and land-use bylaws; and
WHEREAS the paper recommends proactive municipal action based on successful case studies
and legal precedents such as the Glaspell v. Ontario decision; and
WHEREAS Georgian Bay Township has already taken steps to address Floating Accommodations and has an interest in promoting inter-municipal collaboration on this issue;
NOW THEREFORE BE IT RESOLVED THAT Council receive the Floating Accommodations – Position Paper (May 2025) for informational purposes; and
THAT the Clerk be further directed to forward the document and this resolution to the Association of Municipalities of Ontario (AMO) and member municipalities for consideration and potential
provincial advocacy.
☒ Carried ☐ Defeated ☐ Recorded Vote ☐ Referred ☐ Deferred
Recorded Vote:
For Against Absent
Councillor Brian Bochek
Councillor Peter Cooper
Councillor Kristian Graziano
Councillor Allan Hazelton
Councillor Stephen Jarvis
Councillor Steven Predko
Mayor Peter Koetsier
Peter Koetsier, Mayor
Floating Accommodations
Position Paper
Published May 2025 2 | P a g e
This position paper provides guidance for Ontario municipalities seeking to regulate or
restrict Floating Accommodations within their jurisdictions.
Floating Accommodations are a detrimental presence on Ontario’s lakes and rivers. They
present multiple environmental, navigational, taxation, and zoning issues. Over the past four
years, they have eluded control as the issue of Floating Accommodations fell into a very large
gray area when this all began.
The authors of this position paper, the Floating Accommodations not Vessels Coalition,
strongly urge you as municipal leaders to pursue one or a hybrid of the following two
regulatory strategies:
1. Ban floating accommodations in your jurisdiction. They cannot exist within your
municipality without putting your natural
environment and governance regulations in
turmoil. The Township of Severn has led the way
with a bylaw banning Floating Accommodations
[Township of Severn Zoning By-law Amendment to
regulate Floating Accommodations]. The Township
of Georgian Bay recently adopted a similar by-law
[Township of Georgian Bay Zoning By-law
Amendment to regulate Floating Accommodations]. The intent is to provide clarity in
their zoning bylaws in that floating accommodations are not a permitted use. Several
municipalities are following their lead and investigating this strategy.
2. Restrict floating accommodations to fixed /
permanent moorings. These locations would be
subject to municipal zoning by-laws stipulating
appropriate sanitary, hydro, power connectivity, and
placed on environmentally safe floatation systems.
Floating accommodations are permanently located in
a properly zoned facility similar to a trailer park but
for floating accommodations on water. This model has several working
examples such as Bluffers Park on Lake Ontario or False Creek in
downtown Vancouver. For most municipalities, this would be considered a
new form of development and require significant policy changes.
EXECUTIVE Summary
Published May 2025 3 | P a g e
Floating Accommodations (FAs) can be a building or structure such as modified shipping
containers or wood framed structures placed on floatation devices. They are not primarily
intended for navigation and will moor over crown lakebeds or private property lakebeds.
FAs can move frequently and are usually equipped with an anchoring system such as steel
‘spuds’ embedded into the lakebed to stabilize the unit at each mooring location. They
potentially shed toxic materials and other contaminants into surrounding waters and
lakebeds.
Accommodations:
Municipalities have a crucial role in addressing regulatory gaps and exceptions that fall
outside the recent implementation of federal, provincial, and private property trespassing
regulations to manage Floating Accommodations. Verifying and strengthening the
regulatory framework was a collaboration between Parks Canada (PC - federal), the Ministry
of Natural Resources (MNR - provincial), and the Ontario Provincial Police (OPP - provincial).
The following scenarios are not hypothetical. They have all occurred and would fall outside
the jurisdiction of new and existing federal, provincial and OPP controls.
1) What happens to an owner of an FA who chooses to float their FA over their
personally owned private lakebed property?
2) What happens to commercial marinas who wish to establish mooring for FAs on their
premises in a permanent or semi-permanent manner?
3) What happens when FA owners floating within a township, move daily to relocate in
that same township to avoid confrontation with governing agencies?
“Your new neighbours”
They can suddenly appear on your waterfront at any moment…
Municipalities Play a Crucial Role in Fully Regulating
Floating Accommodations
Published May 2025 4 | P a g e
The recently launched PC, MNR, and OPP frameworks can clearly deal with trespassing for
stationary (moored) FAs in federal / provincial waters and over private lakebeds.
However, there are 3 scenarios that fall outside of the newly published PC, MNR, and OPP
frameworks. They are:
1) FAs floating over private lakebeds: What is missing is how to deal with an FA owner
who chooses to park adjacent to their shoreline where he/she has property
‘ownership’ rights to the lakebed. This issue is very real and exists in many of
Ontario’s lakes and rivers. The scenario would allow an FA owner to bypass existing
building codes and local taxation to class their structure (be it a boathouse, or
residence) as a vessel. This scenario is a “trojan horse” into illegal residential
boathouses and homes on water with the very real possibility of being short term
rentals.
2) FAs floating in a commercial marina: The scenario of a marina establishing an
unauthorized temporary (or permanent) mooring location for a FA within a
municipality that is not zoned for FAs causes a significant degree of difficulty. Most
current municipal zoning does not acknowledge FAs and in a jurisdiction without FA
definitions and approved zoning the FA owner can fall back on their vessel
designation and potentially use the Transport Canada vessel designation as a shield
to avoid any charges. This scenario has already occurred throughout Ontario,
including in the Rideau Canal and the Kawartha Lakes region.
3) FAs floating freely and/or mooring in a different location each night: The challenge
with this scenario is some FA owners have been very creative in where they moor and
for how long. They have become very familiar with enforcement processes and time
limitations and simply move before charges can be laid. Each situation would be
reviewed on a case-by-case basis and time limitations may or may not apply.
All three of these scenarios require a municipal regulatory framework. There are emerging
strategies to guide Ontario’s municipalities in preventing FAs from further potential abuse
and destruction of our natural resources for current and future generations.
Municipal Bylaws – What Issues Are You Being Asked to Tackle?
Published May 2025 5 | P a g e
Based on our collective learning, experience and history with the FA problem, we believe
there are two responses municipalities can utilize to attempt to control FAs participating in
one or more of the three scenarios outlined above:
1) FAs cannot exist within the boundaries of a municipality: This scenario has recently
been enacted in the Townships of Severn and Georgian Bay; although they have not
yet been tested in court. These zoning by-law amendments provide clarity in that
floating accommodations are not a permitted use. FAs cannot exist on waters within
these Townships, under any circumstances, over public or private lakebeds or in
commercial marina establishments. Their outright ban of FAs is actively being
considered by several other municipalities, [Township of Severn Zoning By-law
Amendment to regulate Floating Accommodations], [Township of Georgian Bay
Zoning By-law Amendment to regulate Floating Accommodations]
2) FAs can only exist as FHs (floating homes): When floating accommodations are
permanently fixed to an approved dock/mooring with permanent hydro, sanitary,
and water connections they are classified by Transport Canada as a Floating Home
(FH). Floating Homes are not vessels. This scenario of approved mooring for Floating
Homes is well understood, documented and in place throughout British Columbia and
Bluffers Park on Lake Ontario and would require significant municipal policy changes
for most. One further twist on this scenario is that a FH owner who chooses to
untether and go float “free range” for a time and then come back may be banned
from the FH mooring location depending upon their Home Owners Agreement. This
solution has existed for some 20+ years in both locations and is very well understood.
It is suggested that municipalities consult with their own legal representatives to determine
what regulatory approach is best suited for your jurisdiction.
Need To Find Out More?
If you need more information or further clarification on any aspect of this position paper,
please feel free to reach out to any member of the Floating Accommodations not Vessels
Coalition or to our email address fanv2025@gmail.com.
Call to Action To All Ontario Municipalities With Waterfront Assets
Published May 2025 6 | P a g e
APPENDIX
Floating Homes versus Floating Accommodations:
Definitions and Management to date
Historical context and definitions:
Historically, floating residential structures have existed in zoned-for-purpose marinas and
permanent mooring locations. These types of structures look and feel like houses. They are
typically wood framed units with windows, doors, roofs, and decking and floatation devices.
Inside they have bathrooms, kitchens, living rooms and bedrooms… essentially a house on
water. They are “permanently” moored / fixed to a docking arrangement and are also
permanently connected to sanitary sewers, water supply, power supply, and gas (for heating
and cooking) supply.
There are multiple instances of these floating residences, but the most popular and
recognized communities are the 24 floating homes in Bluffers Park on the shores of Lake
Ontario in Scarborough (Toronto), and 60+ homes in False Creek in downtown Vancouver.
Both of these examples and all other occurrences where a floating residence is fixed
permanently to a mooring location are classified by Transport Canada as “Floating Homes”.
It is important to understand that Floating Homes are not recognized by Transport Canada
as vessels. They are distinct and separate from Floating Accommodations.
Published May 2025 7 | P a g e
How do Floating Accommodations differ from Floating Homes?
The recently emerging challenge is Floating Accommodations, which can be ‘repurposed’
shipping containers modified by DIY individuals or purpose-built wood construction. The
units have windows, doors and some form of bathroom, kitchen, sleeping, and living
quarters. Floating Accommodations are not restricted to the configuration seen below, as
there are numerous examples of residences fabricated with wood frame construction built
on floatation devices that appear more like a traditional boathouse.
All of these floating accommodations are not permanently fixed to a mooring location. They
are “free range floating residences”; moving, floating and mooring whenever and wherever
they wish.
Transport Canada classifies floating residences that are not connected to a permanent
mooring location as vessels.
Published May 2025 8 | P a g e
Floating Accommodations until 2023 were largely unregulated within Ontario. The topic
had not historically been an issue; therefore, government agencies needed to react to the
changing issue and the “vessel” designation being utilized by Transport Canada as well as by
the individuals and/or companies exploiting this loophole.
The authors can now report that Parks Canada, MNR, and OPP have separately and
collectively identified enforcement avenues where appropriate to attempt to govern
Floating Accommodations. To complete the governance framework, appropriate
amendments to existing municipal by-laws are required.
What Are the Challenges Associated with Floating
Accommodations?
This table illustrates the complexity of multiple government agencies whose mandates are
individually impacted yet require collective collaboration to implement solutions. The
following table lists the various issues and respective agencies likely to manage them.
Issue / Concern with Floating
Accommodations
Expected Responsible Agency
Potential absence of sanitary capability and
dumping of toxic and other harmful
substances from FA
Environment & Climate Change Canada
(ECCC) (Federal) and Ministry of
Environment (Prov.)
Pollution from floatation devices and garbage Transport Canada & ECCC (Federal); Ministry
of Environment (Provincial)
Impact of endangered wildlife when moored
in environmentally sensitive areas
Parks Canada or ECCC if outside of Parks
Canada sites; Fisheries & Oceans if
fish/mussel related;
Endangered Species Act administered by
Ministry of the Environment (Provincial)
Navigational impediment as a moving vessel Transport Canada
Navigational impediment as a moored vessel Transport Canada & Local Municipalities (via
VORR’s)
No building or construction standards
specifically related to FAs exist
Transport Canada
FAs pay no taxation to support consumption
of local emergency services or waste
management services
Municipality
Mooring in any location Municipal zoning (not yet tested in court)
Mooring on private lakebeds (must make
contact with private property beneath the
water)
OPP – Trespass to Property Act
Published May 2025 9 | P a g e
Issue / Concern with Floating
Accommodations
Expected Responsible Agency
Spawning ground / fish habitat damage
caused by the steel spuds into lakebeds
Fisheries and Oceans Canada (DFO) (Federal
water control); DFO supported by Parks
Canada in National Parks, National Historic
Sites and National Marine Conservation Areas;
MNR (inland lakes); responsible for the
management of fisheries
Floating Accommodations becoming
vacation rentals (VRBO or Airbnb)
Municipal by-laws (e.g. Short-Term Rental by-
laws and zoning by-laws)
Floating Accommodations becoming an
unregulated expansion of a cottage
Federal waters – Parks Canada in National
Parks, National Historic Sites and National
Marine Conservation Areas
Provincial waters- Public Lands Act
administered by MNR prohibits FAs from
occupying provincial public land through
regulation
Privately owned waters – Municipality
During our early discussions, each of the agencies that we expected to play a partial and/or
full role to control Floating Accommodations felt they were not legislated to manage and
regulate Floating Accommodations. Many felt that other agencies were better equipped to
regulate the problem or that, given Transport Canada’s designation of FAs as vessels, that
Transport Canada was the ultimate controlling ministry. Agencies outside of Transport
Canada were of the opinion that any attempt to act would result in legal proceedings that
given the vessel designation, would likely be unsuccessful with respect to the agency
responsible for legal expenses.
What Changes Have Been Made to Support a Regulatory
Framework?
The shift to create enforceable solutions came via 2 separate but foundational insights:
1. Glaspell vs Ontario 2015 – Clarifying lakebed ownership which has become the
cornerstone strategy “anchoring” all of the in-force regulatory frameworks.
2. Freedom of Information request to Transport Canada – Clarified 3 important
aspects:
a) Floating Homes vs Floating Accommodations: Floating Homes are not
vessels; Floating Accommodations are vessels.
Published May 2025 10 | P a g e
b) Transport Canada’s primary (and some would say only) objective is vessel
safety. They do not believe their mandate / charter per the Canadian
Transport Act (2001) mandates them or requires them to control Floating
Accommodations.
c) Transport Canada has expressed strong public support of the newly
launched MNR Floating Accommodation regulatory framework (161/17).
Transport Canada’s guidance to other agencies interested in governing
FAs was very clear – use the MNR framework to guide your actions.
It is critical to the municipal strategy that readers of this position paper are comfortable
with the solid underpinnings of the current provincial, federal and criminal regulatory
framework.
The Glaspell v Ontario ruling [Glaspell v Ontario 2015 ONSC 3965] has clarified 3 elements
that have been ‘baked’ into case law informing FA regulations formed by Parks Canada and
MNR.
a) Glaspell ruling established that all lakebeds and riverbeds are the ownership of either
federal crown, provincial crown or private ownership, and separately, municipalities
have the option to issue zoning controls over those lakebeds.
b) The ownership of lakebed can act as a basis to authorize or not permit a floating
object overhead to cast a shadow over the lakebed and by definition occupying that
lakebed.
c) Resulting from the case law establishing enforceable lakebed ownership, the
principle of authorized vs unauthorized occupation of crown land (lakebed) has been
crystallized into FA regulatory frameworks.
The importance of Glaspell was vital to the success of the regulatory frameworks that have
emerged. The critical learning here is that historically all enforcement by Parks Canada,
MNR, and OPP was through “land-based” policies. Had any of these agencies sought to
remedy through water-based policies, they likely would have lost any court challenge due to
the vessel designation that Transport Canada would likely uphold. Seeking to control
Floating Accommodations through land-based laws was a masterful stroke of genius and we
applaud the leadership of MNR, Parks Canada and OPP.
Municipalities would be advised to consider and build on the positive implications of the
Glaspell ruling in their formation of FA zoning and governance by-laws.
The Ministry of Natural Resources (MNR Ontario) was first out of the gate to create their
regulatory framework based on the Glaspell ruling. Specifically, 161/17 which is exactly the
right regulatory framework to govern Floating Accommodations.
Published May 2025 11 | P a g e
The full definition of Ontario Regulation 161/17 is found in this link [MNR Regulation 161/17
governing Floating Accommodations] The fundamentals of 161/17 include:
a) Defining what is and what is not a floating accommodation.
b) Defining occupation of provincial crown land by the shadow of a floating object
overhead on crown lakebed.
c) Conveying that a floating accommodation is not permitted to occupy provincial
lakebed and shoreline.
d) The ability to charge the owner of the floating accommodation in the event they are
occupying provincial lakebed without permission.
The principles underlying the MNR 161/17 framework (released in summer of 2023) has
since been adopted in principle by both Parks Canada and OPP and both agencies have
identified enforcement avenues where appropriate.
Parks Canada’s solution was issued in 2024 and mirrors MNR’s strategy. The full definition of
Parks Canada’s regulation can be found in the following link [Parks Canada Mooring
Regulations covering Floating Accommodations]. The fundamentals of Parks Canada’s
framework include:
a) Defining what is a floating accommodation in a manner similar to MNR.
b) Requiring all floating accommodations secure a permit to lawfully moor over federal
lakebeds overnight.
c) Failure to obtain a permit constitutes “unauthorized occupation” of federal lands and
the occupying person(s) will be charged accordingly.
Lastly, the OPP have embraced a similar lakebed ownership strategy for privately owned
lakebed. They have case law where they have successfully prosecuted a floating
accommodation that was making actual contact with a private lakebed in an unauthorized
manner and consequently the FA owners were charged and successfully prosecuted with
trespassing.
The Townships of Severn and Georgian Bay Experience
As we described in the first few pages, the existing regulatory framework created by MNR,
Parks Canada and OPP has a few gaps. Severn Township recognized that early on and
amended their by-law in 2024 [Township of Severn Zoning By-law Amendment to regulate
Floating Accommodations]. A similar by-law amendment was enacted in the Township of
Georgian Bay in 2025 [Township of Georgian Bay Zoning By-law Amendment to regulate
Floating Accommodations].
Published May 2025 12 | P a g e
The essential element of these amended by-laws, described in this position paper as
Response #1 on page 5, is very simple… FAs cannot exist on waters within the boundaries of
these two townships…. period. While they have not been tested in court, one by-law has
already been successfully used as a deterrent to an FA presence. Several other townships
are actively studying and considering implementing similar by-laws for their respective
jurisdictions.
There Are Numerous Lessons Gained Along This Journey
Our grass roots organization Floating Accommodations not Vessels Coalition experienced
many peaks and valleys in the journey to facilitate the appropriate agencies to successfully
manage and control the new “issue” of Floating Accommodations.
It would be an accurate reflection to say that only if we knew then what we know now…
There are six key learnings:
1) It takes a team of motivated, passionate, patient people to stick with it… we
discussed after year one and two – was this worth it? Yes! While it took our coalition
four years to get here, we believe our efforts have been instrumental in facilitating
the right framework that can be applied province-wide.
2) When working with federal and provincial agencies who say no, don’t take that for
an answer, keep up the pressure, continue to make your issue their issue. At some
point in time the right set of agencies will step forward and get to the solution. In our
case that was a combination of Parks Canada, MNR, OPP and our local municipalities
– the Townships of Severn and Georgian Bay.
3) Broad based support by multiple grass roots organizations was key to our combined
success. In our case that consisted of numerous local Cottage Associations large and
small who all successfully raised their voices. We would do it again in the same way.
4) While appeals by local politicians and provincial MPP’s and federal MP’s to both
provincial and federal ministers didn’t directly solve the issue, it greatly helped to
communicate the seriousness of the issue.
5) Sometimes, it takes a change in basic assumptions and in this case it was the insights
gained from the Glaspell ruling to get to the right answer. Together with MNR, Parks
Canada and OPP we were fortunate enough to understand the pathway and leverage
Glaspell.
6) Media! We were fortunate to tap into print, tv, radio, social media – it all helped.
We brought on partners like Federation of Ontario Cottagers’ Association (FOCA) and
Cottage Life to spread the message. Had we had more financial resources we would
have stepped up our investment in social media… maybe next time!
Published May 2025 13 | P a g e
Acknowledgements and Thank You.
We would like to thank in no particular order…
● Working group members from our partners at Parks Canada, Ministry of Natural
Resources and the Ontario Provincial Police.
● Working group members from our municipal partners - Mayors, Councillors and Staff
from Severn Township, Township of Georgian Bay, Tay Township and Township of the
Archipelago.
● Gloucester Pool Cottagers’ Association & Georgian Bay Association
● The Decibel Coalition
● Safe Quiet Lakes Coalition
● Cottage Life
● Many cottage associations, and the Federation of Ontario Cottagers’ Association
(FOCA)
● And lastly, the Floating Accommodations Not Vessels Coalition members who
authored this position paper
While we did strive to ensure the accuracy and completeness of this information, the
authors assume no responsibility for any omissions to or errors that may be contained
within this position paper.
We the members of the Floating Accommodations not Vessels Coalition wish to express our
deep gratitude and thanks to all the members mentioned above that have been
instrumental in this journey…. Thank you!
Elgin County’s Economic Development and Tourism department continues to deliver initiatives that support
business growth, strengthen local economies, and attract new investment and visitors across all seven
Municipalities. With new tools, refreshed resources, and targeted campaigns underway, we’re focused on
creating meaningful opportunities that benefit communities across the County.
This update highlights recent initiatives and upcoming projects that reflect our commitment to driving
economic development across Elgin County. We look forward to continuing to work together to grow our
local economy and support a vibrant, resilient future for all.
ELGIN COUNTYECONOMIC DEVELOPMENTUPDATE
Investing in Our Future: department Highlights
Economic Development & Tourism Strategy
The County is developing a new five-year Economic Development and
Tourism Strategy and Action Plan to guide the next phase of regional
growth. The strategy will support key goals such as business retention
and expansion, investment attraction, workforce development, and
tourism sector advancement.
It will be shaped through data analysis, consultations with Local
Municipal Partners (LMPs), and engagement with stakeholders and
industry experts. The County will be launching engagement activities
this summer to ensure the strategy reflects shared regional priorities
and builds on local strengths. Members of Elgin County Council and
our LMPs will be invited to provide input during this process.
SUMMER 2025
A comprehensive review of the Elgincentives CIP was completed earlier this year and presented to County
Council. This program has been a cornerstone of the County’s economic development efforts since 2015,
encouraging private investment and supporting business revitalization, particularly in tourism, downtown
areas, and the agri-business sector.
Elgincentives - Community Improvement Plan (CIP)Review
To date, over $1.5 million in grants have been awarded, helping to leverage more than $9 million in
private investment. Based on feedback from businesses, Municipal staff, and community partners, a
refreshed CIP is now in development.
Business Development and Permit Process Mapping
To simplify and clarify development and permit processes, County staff hosted
a workshop with Municipal planners and building officials in January 2025.
This collaboration focused on mapping the permit process from a business
user’s perspective.
The resulting tools including visual process maps, FAQs, and timelines will be
included in the Business Guide and shared online. An awareness campaign
will help businesses access this information early and avoid common delays
during the application process.
These improvements will ensure the program continues to reflect local priorities and drive long-term
business growth.
Updates will focus on:
Improving efficiency
Enhancing program visibility
Supporting affordable housing
Providing greater flexibility for impactful projects like
brownfield redevelopment and major building upgrades.
Business Guide Development
A new Business Guide is in development to assist startups and growing businesses in Elgin County. The
guide will include general startup steps, planning and licensing checklists, an overview of the planning and
permit process, key contacts, and links to funding and training opportunities.
Available both online and in print, the guide will be launched in the beginning of 2026 alongside workshops
and outreach activities to help ensure broad awareness and uptake.
Elgin County’s Cultivating Success series continues to foster
collaboration within the rural business community. The first event in
September 2024 welcomed over 100 participants from across the
region. The next event is set for June 18, 2025, at Prim Peony Event
Co. in Dutton Dunwich and is officially sold out.
These events bring together business owners, support organizations,
and industry leaders to network, exchange ideas, and strengthen
rural entrepreneurship. They also highlight local businesses and
foster cross-municipal collaboration. The initiative is a partnership
with local Economic Development Committees and the Elgin
Business Resource Centre.
Rural Networking Event – Cultivating Success
Elgin County recently concluded its 8-week Support Local campaign, which
featured Council members visiting businesses, sharing local success
stories, and promoting the value of supporting small businesses. The
campaign included social media content, video, and photography that was
shared widely across the region.
This initiative celebrated community spirit, boosted online engagement, and
offered promotional tools for participating businesses and Municipalities.
Support Local Campaign
Work is underway to refresh Elgin County’s Economic Development website, with a focus on making
resources more accessible and user-friendly. The refreshed site will feature improved navigation, updated
business tools, new downloadable guides, and a more intuitive layout for both current business owners and
prospective investors. The updates are expected to go live in fall 2025.
Economic Development Website Refresh
Connecting Businesses to Funding and Support
Elgin County continues to support local businesses by offering one-on-one guidance and helping connect
them to funding, training, and advisory services. One key tool is Fundica, a searchable platform that
matches businesses with eligible government programs and incentives.
The County also works closely with partners including the Elgin Business Resource Centre (EBRC), the
Small Business Enterprise Centre (SBEC), and local Chambers of Commerce. Together, these partners
offer wraparound support for new and existing businesses in our region.
meet the team - contact us for support
CAROLYN KRAHN
Manager of Economic
Development, Tourism &
Strategic Initiatives
ckrahn@elgin.ca
(519) 631-1460 x 133
lindsey duncan
Tourism Officer
lduncan@elgin.ca
(519) 631-1460 x 163
ABIGAIL RAYCROFT
Business Enterprise
Facilitator
araycroft@elgin.ca
(519) 631-1460 x 199
Business Directory Update
The County is currently refreshing its online business directory to ensure accurate, up-to-date listings. Ella
Broadhead, the summer Administrative Assistant, is leading this project and contacting local businesses to
confirm their information.
The updated directory will support promotional efforts, enhance business visibility, and provide insight into
the regional business landscape. The new directory will be launched later this year on the County website.
The Elgin County Economic Development newsletter provides updates on business activity, funding
opportunities, tourism initiatives, and more. Issued quarterly, it is a helpful resource for Council members,
Municipal staff, and community leaders looking to stay informed about growth across the region.
Sign up for the quarterly newsletter here, and read the Summer 2025 Edition here.
Stay Connected
PEOPLE OF ELGIN SERIES
In partnership with Establish Media, the County launched the People of
Elgin storytelling series. This campaign showcases the inspiring stories
behind local businesses, highlighting their resilience, creativity, and
community contributions. Distributed through social media and online
platforms, the series helps build Elgin’s identity as a dynamic place to
live, work, and invest. Visit Elgin County’s YouTube Page to view all
featured businesses.
ELGIN COUNTYTOURISM UPDATE
Welcome Summer With Us
It’s shaping up to be a busy and exciting season in Elgin County. From welcoming new team members to
launching a major website and marketing campaign, there’s a lot happening and a lot of ways for our local
tourism operators to get involved and benefit. Have a read below to see what we’ve been up to, where we
are headed, and how our tourism operators can get involved.
SUMMER 2025
Meet Our Summer Students
We are delighted to introduce you to three enthusiastic students who have joined our Economic
Development and Tourism team this summer. Their contributions will enhance our visitor services, business
support, and public outreach efforts. If you happen to see them in your community, please extend a warm
Elgin County welcome!
Arden Doupe, Marketing Assistant
Arden helps with social media, website updates, and staffing the
Visitor Centre. She also visits local businesses and events to
share real-time content and updates.
Allie Pimlatt, Tourism Assistant
Based at the Port Stanley Visitor Centre, Allie welcomes visitors
and provides recommendations on activities, dining, and events.
Ella Broadhead, Administrative Assistant
Ella supports administrative tasks, helps at the Visitor Centre,
and is updating the County’s online business directory.
What’s New:
We’ve launched a brand-new tourism website that presents
Elgin County in a fresh and accessible way. With a mobile-
friendly design, high-quality imagery, and dynamic event
listings, the site helps visitors discover our local attractions, plan
their trips, and explore everything our region has to offer. Each
listing is designed to support our tourism operators by
increasing visibility and encouraging engagement.
ELGINTOURISM.CA
The new format of the Visitor Guide features carefully curated content that highlights the
local experiences and all the wonderful tourism-based businesses our region has to
offer. We removed ads and eliminated membership fees in order to showcase all of our
offerings. Guides are distributed across Ontario and locally.
2025 eLGIN cOUNTY vISITOR’S GUIDE
In partnership with Railway City Tourism, the Taste Guide is a carefully curated
magazine that highlights our region’s culinary experiences. The businesses featured
rotate with each issue, making it a highly sought-after exposure opportunity.
2025 savour elgin culinary guide
FAM Tour Success
Elgin Tourism recently partnered with Railway City Tourism and Ontario’s Southwest to host a FAM
(familiarization) tour for 28 tourism professionals. This interactive event replaced our annual networking
session and gave participants the chance to explore key destinations, network with fellow operators, and
build connections. We received great feedback and look forward to more events like this in the future. We
will be sure to reach out prior to next FAM Tour opportunity.
We recently completed a geofencing study of visitor traffic to Port Stanley from January 2024 to March
2025. The study tracked over 107,000 unique visitors and 1.2 million visits.
Key takeaways:
Visitor Data: Insights for Local Business
70% of visitors are from nearby communities within 39 km, while 30%
travel from farther away and are more likely to stay overnight.
The busiest time of day is midday, aligning with beach activity and
dining hours.
High-value visitor segments include families, mature travelers, and
younger adults. Students and non-affluent visitors also visit
regularly, though with different spending habits.
These findings are shaping how we market the region and plan for future tourism growth. Local tourism
attractions can gather similar insights by collecting visitor postal codes and working with Ontario’s
Southwest to profile their audience. Interested businesses can contact Elgin County Tourism if they are
interested in learning more or applying this to their business.
Each year, we promote Elgin County tourism at events like the London
Lifestyle Show, St. Thomas Home Show, and Toronto International
Women’s Show. These events help us connect directly with thousands of
potential visitors and invite them to explore Elgin.
Connecting With Visitors atTrade Shows
Visit www.swotc.ca to explore the full list of opportunities available to local tourism businesses.
Spotlight on Our Partnership with Ontario’sSouthwest
Unlocked & Inspired and Signature Experience programs
provide coaching and promotion
Paid marketing options, like collaborative social media
and photo packages
Webinars and workforce development tools
Access to visitor trend data and market insights
We’re proud to be a part of Ontario’s Southwest, which offers programs, training, and marketing tools for
tourism operators:
SUMMER MARKETING CAMPAIGN
To support the launch of Elgin County’s new tourism website and encourage both local and regional travel,
we’ve rolled out a targeted summer marketing campaign that builds on recent data and audience insights.
Our campaign uses a combination of platforms to reach day-trippers, overnight visitors, and local residents:
CTV London digital and on-air ads
Google Ads target users within a 200 km
radius of Elgin County
Billboards in St. Thomas and West London
MyFM St. Thomas radio and digital across
the region
This campaign is informed by a recent geofencing study, which revealed that 70% of visitors to Port Stanley
live within 39 km, while 30% travel from farther away and are more likely to stay overnight. These insights
are shaping how and where we market Elgin County this summer.
All marketing efforts are designed to drive visitors to the new tourism website, where they can explore local
businesses, find events, and plan their visit.
Elgin County is now working with the Tourism-Oriented Directional Signing (TODS) program to offer
improved highway and roadside signage. This program replaces the County’s old signage system and
meets provincial standards.
Hwy 401 signs: $750 per direction
Hwy 3/County road signs: $400 per direction
We’re also installing new cluster signs in Port Glasgow, Port Stanley, Port Bruce, Sparta, John E Pearce
Provincial Park, Port Burwell, and Aylmer. These signs will guide visitors to local tourism hotspots using
clear symbols.
To apply for TODS signage or to check eligibility, businesses
can contact:
Sandra Peters – TODS Field Rep
📞 1-888-263-9333 ext. 201 or 519-914-1132
📧 speters@interstatelogos.com
New Directional Signage for Tourism Businesses
Tell Us What’s New
Do you know a local tourism business celebrating a milestone or launching a
new experience? Let us know so we can help spread the word. Contact the
Elgin County Economic Development and Tourism team to feature tourism
businesses in your community in future updates.
Let’s keep working together to showcase the best of Elgin County!
Thank you for all you do to make our region a destination worth exploring.
meet the team - contact us for support
CAROLYN KRAHN
Manager of Economic
Development, Tourism &
Strategic Initiatives
ckrahn@elgin.ca
(519) 631-1460 x 133
lindsey duncan
Tourism Officer
lduncan@elgin.ca
(519) 631-1460 x 163
ABIGAIL RAYCROFT
Business Enterprise
Facilitator
araycroft@elgin.ca
(519) 631-1460 x 199
Our reach continues to grow on Facebook, Instagram, and YouTube. In 2024,
we reached over 400,000 people - double the previous year. As of May 29,
we’ve already reached over 314,000 people in 2025.
Tag us and send us updates from your community. We want to help share your
story.
Social Media Growth
@elgincountytourism #elgincounty
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: June 19, 2025
REPORT: CL-04/25 SUBJECT: 2025 MUNICIPAL ASSISTANCE REQUESTS – SECOND INTAKE
BACKGROUND
Bayham community groups apply to Council annually to request use of municipal property, road
closures, materials, facility rental relief, and funding to host community events. The process for
this is outlined in the Municipal Assistance for Community Events Policy, adopted by By-law No.
2024-018.
At the March 27, 2025 Special Operating Budget Meeting, Council allocated $9,000 to the
Municipal Assistance line and at the May 1, 2025 Regular Meeting of Council, the first intake of
Municipal Assistance applications were considered.
DISCUSSION
The deadline for the second intake of applications was May 31, 2025. One (1) request was
received:
Remembrance Day Parade
Who: Port Burwell Legion
Date: Sunday, November 9, 2025
Time: 12:50 pm – 2:00 pm
Facility Use: Port Burwell Cenotaph
Road Closures: Yes
Materials: Yes
Funding: No
Facility Rental Relief: No
Staff Comments
Staff have no concerns in principle. County approval will be sought for the requested road
closures if approved. Proof of insurance will be required.
Municipal Assistance Funding
Funding requests of $7440 was approved to applications from the first intake. No additional
funding requests were received for the second intake of applications. The remainder in the
Municipal Assistance budget is $1560 that may be utilized for OPP traffic control if needed for
approved events requiring road closures.
STRATEGIC PLAN
2.1: Quality of Life > To work collaboratively with community organizations and others
in ensuring the availability of diverse range of passive recreational, heritage,
cultural and other community services that contribute to enriching Bayham’s
valued quality of life.
Initiative(s): Not applicable.
ATTACHMENTS
1. 2025 Municipal Assistance Event Application – Second Intake
RECOMMENDATION
THAT Report CL-04/25 re 2025 Municipal Assistance Requests – Second Intake be
received for information;
AND THAT the facility and road closure request be approved, subject to the provision of a
liability insurance certificate in the minimum amount of $2,000,000.00 naming the
Municipality of Bayham as additional insured;
AND THAT the requests for a staff presence for road closure purposes be approved with
the ability to utilize the OPP as a backup and, if utilized, compensate from the Municipal
Assistance budget;
AND THAT staff be directed to advise external agencies of the approved events and obtain
County approval for use of County roads for noted closures;
AND THAT material requests be approved with a deposit of $10/per item to be provided to
the Municipality prior to the event;
AND THAT staff be directed to conduct lawn and facility maintenance as necessary prior to
the event;
AND THAT the Municipality of Bayham reserves the right to revoke said approvals at any
time for any reason and approved timelines may be adjusted for the use of certain facilities
or materials should they become unavailable due to construction or unforeseen
circumstances.
Respectfully Submitted by: Reviewed by:
Meagan Elliott Thomas Thayer, CMO, AOMC
Clerk Chief Administrative Officer
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
Port Burwell legion Br. #524
Event Name *
Remembrance Day Parade
Event Start Date *
11/9/2025
Start Time:*
12:50:00 PM
Event End Date *
11/9/2025
End Time:*
02:00:00 PM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
Port Burwell Cenotaph
Are Road Closures required?*
Yes No
Is this a Parade?*
Yes No
What is the Parade Route?*
From the legion, down Wellington, turn onto Robinson, go South
turn east on pitt, and to the cenotaph. Roads closed just for parade,
and then erieus closed for the cenotaph
Parade Time Start *
12:50:00 PM
Parade Time End *
01:00:00 PM
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
Safety Cones (up to 10)6
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate contact
and/or additional contacts.
Attachment List
Attachment Upload
Attachment 1
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: June 19, 2025
REPORT: CAO-29/25 SUBJECT: SITE PLAN AND DEVELOPMENT AGREEMENT – PATIEO GROUP INC. C/O
ERICA PATENAUDE – 32 ROBINSON STREET, PORT BURWELL
(APPLICATION NO. SPA-03/25)
BACKGROUND
At its August 15, 2024 meeting, Council adopted By-law No. 2024-049. By-law No. 2024-049
amended a municipal Delegation of Authority By-law to delegate authority to the Chief
Administrative Officer (CAO) for purposes of executing development agreements.
At its February 6, 2025 meeting, Council adopted By-law No. 2025-008, Site Plan Control By-
law for the Municipality of Bayham. The CAO’s delegated authority is assigned under Section
6(1) of By-law No. 2025-008.
On April 14, 2025, a Site Plan Control Application was submitted by Erica Patenaude on bahelf
of Patieo Group Inc.1708804 Ontario Inc., requesting a Site Plan Agreement for the property
known municipally as 32 Robinson Street in Port Burwell. The application was deemed
complete by Planning staff on June 5, 2025.
DISCUSSION
The intent of the Site Plan application is to construct a 16-hole mini-putt golf course on the
subject lands. The designs were provided by Himalayas Golf. The application required a
geotechnical assessment and engineered drainage plan due to the earthworks required to
support the hole layout and course design.
Staff reviewed the complete application and identified parking deficiencies in regards to the
application; no parking was proposed due to the size and orientation of the subject lands. The
developer was amenable to a development agreement for cash-in-lieu of parking in accordance
with By-law No. 2020-054. The Municipality would receive payment of $1,000 for the parking
deficiency.
In accordance with Municipal practice, securities were retained for the on-site stormwater,
drainage, site grading, and fencing works at a total of $40,000 plus HST. Upon completion,
$7,000 will be retained for a period of one (1) year as a maintenance security.
The agreements were executed by all parties on June 6, 2025.
As the CAO is the delegated authority for Site Plan Control approval and development
agreement execution, this information is provided for informational purposes only.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Site Plan Control Application – Patieo Group Inc. c/o Erica Patenaude, 32 Rohinson
Street, Port Burwell
2. Site Plan Agreement between The Corporation of the Municipality of Bayham and Patieo
Group Inc. c/o Erica Patenaude, 32 Rohinson Street, Port Burwell
3. Development Agreement between The Corporation of the Municipality of Bayham and
Patieo Group Inc. c/o Erica Patenaude, 32 Rohinson Street, Port Burwell
RECOMMENDATION
1. THAT Report CAO-29/25 re Site Plan and Development Agreement – Patieo Group Inc.
c/o Erica Patenaude – 32 Robinson Street, Port Burwell (Application No. SPA-03/25) be
received for information.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: June 19, 2025
REPORT: CAO-30/25 SUBJECT: 2026 GARBAGE BAG TAG PROGRAM
BACKGROUND
The Municipality of Bayham has a garbage bag tag program. Administrative staff order bag tag packages, which are made available each fall for the upcoming calendar year. Residential, commercial, and agricultural properties receive a different number of tags relative to the use, as follows:
• Residential: 52 tags (equivalent of 1 per week)
• Commercial: 86 tags
• Agricultural: 16 tags (additional, added to residential allocation rather than provided as a stand-alone package) Based on the 2025 bag tag program, a total of 2,880 packages were created for residential and commercial, while approximately fifty (50) properties will also be eligible for the additional agricultural tags1. The packages were created at a cost of $10,113.502. Property Class Number of Packages Tags/Package Total Free Tags
Residential 2,800 52 145,600 Commercial 80 86 6,880 Agricultural 50 16 800 Total 2,930 153,280
The total number of free tags across all applicable property classes for 2025 is 153,280. At $2.00/tag, this equates to a municipal subsidy of $306,560. Currently, bag tags expire at the end
of each calendar year.
1 Approximate number provided by the Finance department.
2 2024 costs for 2025 bag tag packages.
At its March 27, 2025 Special Operating Budget meeting, Council received Report TR-10/25 re 2025-2026 Operating Budget – Draft. The Report included a public consultation section, with
varied comments from Bayham residents. A few public comments inquired about a non-expiring tag program, similar to the Township of Malahide. Staff advised that a Report would be presented to Council in Q2 2025 regarding potential options for the 2026 garbage bag tag
program. The 2025 Waste Management budget projects a $455,000 deficit, which means this functional area is not recovering its associated costs through its revenues ($35,000 in projected revenue, versus $490,000 in projected expenditures). Annually, bag tags comprise an important portion of Waste Management revenues. Between 2021-2024, bag tag sales have ranged between $28,000 and $39,000, with an average of $32,283. This accounted for approximately 16,140 extra tags sold in a given year. The tax levy is currently required to cover the annual budgeted deficit. Council passed the following motion:
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott
THAT Report TR-10/25 re 2025-2026 Operating Budget - Draft be received for information; AND THAT the 2025 Operating Budget be approved with the following amendments:
• Reallocate Council Association & Membership expenditure in full to increase Municipal Assistance Grants from $7,000 to $9,000.
• Increase Police Services Provincial Offences revenue by $2,000
• Reallocate the portion of Building Salaries & Wages and associated Statutory and Non-Statutory Benefits associated with By-law Enforcement Property Standards matters to the associated expenditure lines in the By-law Enforcement budget.
• Reallocate Building Vehicle Maintenance expenditure in full to By-law Enforcement Vehicle Maintenance.
• Increase Tourism Beach Maintenance expenditure line by $2,000 to incorporate an additional accessible washroom at the East Beach. AND THAT staff be directed to bring forward the 2025 Tax Rate By-laws; AND THAT staff be further directed to proceed with the acquisition and implementation of signage to recognize Mikel Gould. No changes were made to the Waste Management budget for 2025. This Report presents to Council the option of repealing the free-tag package program, which would make the garbage collection a fully user-pay system. This Report is being brought forward at this time to ensure that staff have time for implementation and inclusion in the Draft 2026 Operating Budget, and to ensure communication to the public via multiple media should Council opt for any program changes for 2026 and/or future years.
DISCUSSION
The Municipality’s bag tag program started in June 2012 after Bayham awarded a curbside waste management RFP to Norfolk Disposal as a part of the 2011 integrated waste management plan with Malahide and Central Elgin. The original cost of bag tags was $1.50
each. Between 2013 and 2016, the following changes were made to the bag tag program: Year Bag Tag Price Bag Tag Allotment (Free Tags)
2013 $1.50 Residential = 156 (3/week) Commercial = 208 (4/week) Agricultural = 45
2014 $1.50 Residential = 104 (2/week)
Commercial = 156 (3/week) Agricultural = 45 2015 $2.00 Residential = 78 (1.5/week) Commercial = 104 (2.5/week) Agricultural = 23
2016 $2.00 Residential = 52 (1/week) Commercial = 86 Agricultural = 16 Over this four-year period, the bag tag price increased by 33 percent, and the overall free bag
tag allotment decreased by approximately two-thirds. Since 2016, however, the program has remained the same, with no increases in bag tag price nor changes to the annual free bag tag allotments for eligible residential, commercial, and agricultural properties. A number of vendors
in Bayham assist to sell bag tags to residents as required, which reduces the burden placed on Municipal administrative staff. A selection of neighbouring municipalities3 was reviewed to compare Bayham’s existing program:
Municipality Bag Tag Cost Do Tags Expire? Free Bags/Tags?
Bayham $2.00 Yes Yes (52 residential)
Malahide $1.50 No Yes (60 residential)
Aylmer $2.00 No 3 untagged bags/week Central Elgin $5.25 Unknown, likely non-expiring Bin program – bin had to be purchased – different sizes offered
Southwold $2.50 Unknown, likely non-expiring 3 untagged bags/week (urban); 6 untagged bags/week (rural) Thames Centre $2.50 Unknown, likely non-expiring Yes (45 residential)
Oxford County (handles waste
management for all lower tiers)
$2.00 Unknown, likely non-expiring None
Norfolk County No tags No tags 4 – curb limit
3 Information was pulled from municipal websites.
Bag Tag Expiration
A number of municipalities have non-expiring bag tags. Recently, Malahide has transitioned to this model, which translated into comments during the 2025 budget consultation period requesting that Bayham also consider transitioning to a non-expiring tag.
The main benefit is elimination of tag waste. Currently, any bag tag not used by an eligible resident or business owner is discarded at year-end. If these tags have been purchased, this is wasted money on the part of the Bayham taxpayer. The same logic follows for the Municipality which supplies tags to residents via the Municipal office and participating vendors. Any tags not sold and used by year-end are wasted and therefore represent public funds not utilized towards their goal because of the adherence to a year-end expiry date. Switching to a non-expiring tag eliminates this waste and can be accounted for reasonably easily as a part of the annual budgeting and audit processes led by the Treasurer. There are no significant drawbacks to moving to a non-expiring bag tag. Residents would still be
able to purchase tags as needed at a price set out by Council while not having to worry about using their tags before the end of a particular year. Any unused tags can be carried over to the next year.
Based on the information at hand, staff recommend Council approve a transition to a non-expiring bag tag, effective January 1, 2026, and further that 2025 bag tags be permitted to carry
over and be used in 2026. The second part of this recommendation smooths the transition to a non-expiring tag by essentially allowing the 2025 tag to not expire as long as the 2025 tags are used in 2026. Bag Tag Allocation 2013 through 2016 saw a significant reduction in the free bag tag allocation. The current allocation has not changed in nine years, and has not been reconsidered in at least five years. To ensure a bag tag allocation to eligible residents, businesses, and agricultural landowners, the Municipality orders bag tag packages to be distributed from the Municipal office in-person to eligible parties. Eligible parties attend the office from October preceding a given calendar year
into the new year to collect their package and allow administrative staff to log the receipt of the package in our tracking software.
As noted, 2,880 total packages were ordered for the 2025 year. Of those, only 144 residential packages and 16 commercial packages remain to be picked up by eligible parties. Staff note that in past years, the Municipality would run out of residential kits and new kits would have to
be made up for new occupancies as needed, so for 2025 staff ordered more in anticipation of occupancy of the 2024 residential building permits. Based on this information, staff believe that the numbers presented in this Report regarding the estimated potential additional user-fee revenue under various possible scenarios are reasonable. Staff also note that a significant portion of staff time is required to distribute bag tag packages between mid-December and late-January, which removes staff capacity from other tasks. This is on top of the approximate $10,000 used to acquire the tags and packages. Council has the option to reduce or eliminate the bag tag package program, or maintain the status quo. When considering the following sections, staff advise that the Municipality does not
have a method to accurately track the number of unused tags annually once the bag tag
packages are disseminated to residents and businesses. The numbers presented below assume full allocation and therefore represent the maximum increases in user fee revenues
generated through changes to the program for bag tag allocation and/or the price point of individual tags.
Option No. 1 - Status Quo Under the status quo option, Bayham would maintain the current bag tag package allocations as described in the Background section of this Report, resulting in an ongoing estimated $306,560 tax levy requirement to offset the lost revenues associated with free bag tag allocations. Option No. 2 - Reducing the Allocation Reduction may be considered to, for instance, cut the free tag allocation in half, which would mean an additional up to $153,280 in user fee revenue to the Municipality that does not have to be covered by the tax levy. $153,280 equates to 2.28 percent on the tax levy, which means the 2026 tax levy may be up to 2.28 percent lower than otherwise projected in 2026 if the bag tag allocation is reduced by half. In this scenario, staff will still have to acquire bag tag packages for distribution, which does not address staff effort over December and January to distribute
packages to eligible parties. Option No. 3 - Full Elimination of the Allocation
The other option is to fully eliminate the free-tag system. This increases Municipal user fee revenues by up to $306,560, and has the effect of removing this amount from the annual tax
levy, which would reduce the 2026 required tax levy by up to 4.57 percent from the amount required under a status-quo approach for 2026. The tax levy would still subsidize the curbside garbage program, but to a lesser degree than the previous two options. The additional benefit is an overall reduction in staff time required to address the package program. Instead, the staff time required would be spread over the year as businesses and residents attend the Municipal office, potentially more frequently, to acquire additional tags. It is anticipated that some of this pressure can be offset through approval of a non-expiring tag, so eligible residents and businesses can buy tags in bulk and not have to worry about expiration and waste at year-end. The Municipality will also save funds associated with the creation of the packages.
Staff recommend complete elimination of the bag tag program. Elimination aligns with Council’s Strategic Plan and the initiative to investigate moving services towards cost recovery.
Price Model
The current cost for additional bag tags is $2.00. Since the last price increase for January 1, 2015, there have been no increases; however, general cumulative inflation4 has totaled approximately 30 percent. A 30-percent bag tag price increase is $0.60, or a total cost of $2.60 per tag. Under the current bag tag allocations, the additional revenues generated from bag tag
purchases would be approximately $9,000 to $10,000/year. However, the overall subsidy of the
4 Based on cumulative October CPI figures for 2015 through 2024.
system would increase from $306,560 to $398,528 due to the increased cost of tags being given to residents and businesses for free through packages. If the price is increased to $2.60 and the
free tag program is eliminated, up to $398,528 can be recouped through user fees, which reduces the overall tax levy subsidy per year to approximately $56,000.
Scenario 2025 Budget Revenue Estimated Maximum Additional Revenue
2025 Budget Costs Net
No Change $35,000 $490,000 -$455,000 No Change / $2.60 Tag Price $35,000 $9,685 $490,000 -$445,315
Reduction / Same Tag Price $35,000 $153,280 $490,000 -$301,720
Elimination /
Same Tag Price
$35,000 $306,560 $490,000 -$148,440
Reduction / $2.60 Tag Price $35,000 $199,264 $490,000 -$255,736
Elimination / $2.60 Tag Price $35,000 $398,528 $490,000 -$56,472
Elimination / $2.97 Tag Price $35,000 $455,242 $490,000 $242
The above table combines options for allocation and price point, and includes 2025 budgeted figures which, at this time, are expected to be close to 2026 budgeted figures. Should Council be desirous of moving to a price point equivalent to break-even and full cost recovery for the curbside garbage service, based on current free bag tag allocations, the price point is $2.97 per tag.
Overall, staff recommend transitioning to a non-expiring tag with the elimination of the free bag tag package program. Staff also recommend an increase of price point of individual tags to $2.50, effective January 1, 2026. $2.50 is a rounder number than $2.60, and will be easier for
staff and vendors to manage when an individual is buying multiple tags. However, staff recognize that all three changes at once may be too significant for residents and businesses. Council may opt to refer discussion around a price increase for individual tags to 2026 for
further consideration, or may direct a price increase to be effective January 1, 2027, which would stagger the implementation of the changes discussed in this Report. If this is the case, staff still recommend proceeding with the non-expiring tag and complete elimination of the free bag tag program. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Investigate options for moving services to full cost recovery
RECOMMENDATION
1. THAT Report CAO-30/25 re 2026 Garbage Bag Tag Program be received for
information;
2.AND THAT Council provides direction to staff regarding any changes to the 2026 bag tag program;
3.AND THAT the approved changes come into effect on January 1, 2026.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-045
A BY-LAW TO AMEND BY-LAW NO. 2024-050 BEING A
BY-LAW TO APPOINT MUNICIPAL OFFICERS AND EMPLOYEES
FOR THE MUNICIPALITY OF BAYHAM
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended,
municipalities may appoint officers and employees as may be necessary for the purposes
of the Corporation;
AND WHEREAS Section 55 of the Community Safety and Policing Act, S.O. 2019, c 1,
Sch 1, as amended, municipalities may appoint persons to enforce the by- laws of the
municipality, and municipal by- law enforcement officer appointed under this section are
peace officers for the purpose of enforcing municipal by-laws;
AND WHEREAS By-law No. 2024-050 being a by-law to appoint municipal officers and
employees for the Municipality of Bayham was passed on August 15, 2024;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham considers
it desirable to appoint the Port Burwell Provincial Park Wardens as Municipal Law
Enforcement Officers for the purposes of parking enforcement;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT By-law No. 2024-050 be amended as follows:
a) Addition of Aniela Ciapka, Keiran Babinger, Cameron Hawkins and Kelly
Wallace to By-law Enforcement Officer
2. AND THAT this by-law shall come into force and effect as of June 1, 2025.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY
OF JUNE, 2025.
____________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-046
A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS
IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN
KNOWN AS THE GREWAL DRAIN
WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in
accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following
lands and roads be drained by drainage works:
Parts of Lot 123, Concession N.T.R. in the Municipality of Bayham;
AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No.
223284, prepared by Spriet Associates, dated April 28, 2025, which is attached hereto as
Schedule “A”, and forms part of this By-law;
AND WHEREAS the estimated total cost of constructing the drainage work is $46,000.00;
AND WHEREAS the Council is of the opinion that the drainage of the area is desirable;
NOW THEREFORE the Council of the Municipality of Bayham enacts as follows:
1. Engineer Report No. 223284, dated April 28, 2025 and attached hereto, is hereby
adopted and the drainage works as therein indicated and set forth are hereby authorized
and shall be completed in accordance therewith;
2 The Corporation of the Municipality of Bayham may borrow, on the credit of the
Corporation, the amount of $46,000.00 being the amount necessary for the drainage
works or other tendered and awarded amount by Council;
3 The Corporation may arrange for the issue of debentures on its behalf for the amount
borrowed less the total amount of,
(a) grants received under Section #85 of the Act;
(b) commuted payments made in respect of lands and roads assessed within the
municipality;
(c) monies paid under Subsection #61(3) of the Act; and
monies assessed in and payable by another municipality, and such debentures shall be made
payable within five (5) years from the date of the debenture and shall bear interest at the rate
established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile
Drainage Act as of the date of passing of this By-law.
- 2 -
A special equal rate sufficient to redeem the principal and interest on the debentures shall be
levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the
same manner and at the same time as other taxes are collected in each year for five (5) years
after the passing of this by-law.
4. For paying the amount of $0 being the amount assessed upon the lands and roads
belonging to or controlled by the municipality, a special rate sufficient to pay the amount
assessed plus interest thereon shall be levied upon the whole rateable property in the
Municipality of Bayham in each year for five (5) years after the passing of this
Provisional By-law to be collected in the same manner and at the same time as other
taxes are collected.
5. All assessments of $500.00 or less are payable in the first year in which the assessment
is imposed.
6. This By-law comes into force on the passing thereof.
READ A FIRST AND SECOND TIME this 19th day of JUNE, 2025 and provisionally adopted
this 19th day of JUNE, 2025.
____________________________ _____________________________
MAYOR CLERK
READ A THIRD TIME AND FINALLY PASSED this day of .
____________________________ _____________________________
MAYOR CLERK
TTTTTTT
O/H O/H O/H O/H O/H O/H O/H
Municipality of Bayham
³
GREWAL DRAIN
EXTENSION
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z809-2025
NEUFELD
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 6” by changing the zoning symbol on the subject lands from ‘‘Estate Residential (ER)’ Zone to a ‘Site-Specific Estate Residential (ER-15)’ Zone, which lands
are outlined in heavy solid lines and marked “ER-15” on Schedule “A, Map 6” 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 8.13 Exceptions – Estate Residential (ER) Zone by adding the following clauses:
8.13.15.1 Defined Area
ER-15 as shown on Schedule A, Map 6 to this By-Law
8.13.15.2 Maximum Floor Area for Accessory Buildings
Notwithstanding the provisions of Section 8.10.2 of this By-Law, the following shall apply:
Maximum Floor Area (cumulative) for Accessory Buildings of 210m²
8.13.15.3 Minimum Lot Area
Notwithstanding the provisions of Section 8.3 of this By-Law, the following shall apply:
Minimum Lot Area of 0.27ha
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 19TH DAY OF JUNE 2025.
Z809-2025
READ A THIRD TIME AND FINALLY PASSED THIS 19H DAY OF JUNE 2025.
MAYOR CLERK
Z809-2025
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z811-2025
1498855 ONTARIO INC. (EMERSON)
BEING A BY-LAW TO REPEAL AND REPLACE BY-LAW No. Z807-2025 AND 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. Z807-2025 is hereby repealed.
2) 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 a ‘Site-Specific Tourist Commercial (C3-2)’ Zone, which lands are outlined in heavy solid lines and marked “C3-2” on Schedule ‘H’ (Vienna) to this By-law, which schedule is attached to and forms part of this By-law.
3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 19.13 Exceptions – Tourist Commercial (C3) Zone by adding the following clauses:
19.13.3.1 Defined Area
C3-2 as shown on Schedule ‘H’ (Vienna) to this By-law.
19.13.3.2 Definition
Micro-Distillery, shall mean a premise used for the small scale and independent manufacturing of alcohol by distillation, including the retail sales of alcohol meant for consumption off-premises, or onsite
consumption when located in combination with a permitted ancillary
Interpretation and Information Centre.
Interpretation and Information Centre, shall mean a premise used for
educational purposes pertaining to the natural or cultural heritage of a place of interest in which a collection of objects illustrating history and related types of information is kept for display and storage.
19.13.3.3 Permitted Uses
Micro-Distillery and ancillary Interpretation and Information Centre, with a total Maximum Floor Area of 450.0 m2 on private water and septic servicing.
Animal clinic;
Bakeries;
Z811-2025
Restaurant;
Retail stores or service shops not engaged in manufacturing on the premises;
Tavern;
Personal service shop; and,
Accessory use including one dwelling unit as an accessory use.
4) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by The Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by The Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
c) Where Official Plan Amendment No.39 comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended.
READ A FIRST TIME AND SECOND TIME THIS 19TH DAY OF JUNE 2025.
READ A THIRD TIME AND FINALLY PASSED THIS 19TH DAY OF JUNE 2025.
MAYOR CLERK
Z811-2025
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-047
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD JUNE 19, 2025
WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of
a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be
exercised by by-law;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the Council meeting held June 19, 2025 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 19th
DAY OF JUNE, 2025.
____________________________ _____________________________
MAYOR CLERK