HomeMy WebLinkAboutNovember 20, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, November 20, 2025
7:00 p.m.
The November 20, 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
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Special Meeting of Council held November 4, 2025
B. Regular Meeting of Council held November 6, 2025
C. Statutory Planning Meeting held November 6, 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 November 20, 2025
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A. Report BL-05/25 by Mark Russell, By-law Enforcement Officer re Port Burwell East Beach
– 2025 Paid Parking Pilot Program
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Minor Variance Application COA-06/25 Dan Froese Farms Inc.
B. Notice of Public Meeting re Proposed Zoning Amendment ZBA-23/25 Heritage Grown Inc.
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-12/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Petition for Drainage – Frank Enns and Ben Rempel – Pine Street Subdivision
B. Report DS-48/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-22/25 Weber, 53680 Heritage Line
C. Report DS-49/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E69-25 Teichroeb Exteriors Inc. 55480 and 55482 Vienna Line
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Township of McGarry re GST/HST for New Homes
B. City of Brantford re Provincial Support of the Ontario Airport Capital Assistance Program
C. Watson & Associates re Bill 60
D. Lake Erie Source Protection Region re Notice of Consultation – Draft Update to the Long
Point Source Protection Plan and Assessment Report
E. Long Point Region Conservation Authority re Media Releases – Conservation Authority
Consolidation Announcement
F. Long Point Region Conservation Authority re October 1, 2025 Meeting Minutes
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CL-07/25 by Meagan Elliott, Clerk re Social Media Update
B. Report CAO-45/25 by Thomas Thayer, CAO re Indemnification By-law
C. Report CAO-46/25 by Thomas Thayer, CAO re Group Benefits Consultant
Council Agenda November 20, 2025
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14. BY-LAWS
A. By-law No. 2025-067 Being a by-law to provide for the indemnity and defence of
members of Council, members of Local Boards, and employees of the Municipality of
Bayham against loss or liability incurred while acting on behalf of the Municipality
B. By-law No. 2025-068 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and PK Construction Inc. for the
Bayham (Straffordville) Community Centre Expansion Works
C. By-law No. Z818-2025 Being a by-law to amend By-law No. Z456-2003 – Weber
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. 2025-069 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SPECIAL COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers - HYBRID
Tuesday, November 4, 2025
6:30 p.m.
The November 4, 2025 Special Council Meeting was held using hybrid technologies via
Zoom and livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS DAN FROESE
SUSAN CHILCOTT
TIMOTHY EMERSON
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
TREASURER LORNE JAMES
MANAGER OF CAPITAL PROJECTS /
WATER/WASTEWATER ED ROLOSON
MANAGER OF PUBLIC WORKS / DRAINAGE
SUPERINTENDENT STEVE ADAMS
FIRE CHIEF HARRY BARANIK
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 6:30 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. REPORTS TO COUNCIL
A. Report TR-19/25 by Lorne James, Treasurer re 2026-2035 Capital Budget – Draft
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report TR-19/25 re 2026-2035 Capital Budget - Draft be received for information;
AND THAT Council approve in principle the 2026-2035 Capital Budget presented with
the following edits:
• Bring forward PR-09 to 2026 funded by the Parkland Reserve
AND THAT consideration be given to funding East Beach capital items using
Infrastructure Ontario (IO) debt, subject to receipt of a Report on the paid parking pilot
program to come to Council on November 20, 2025 and Council establishing the paid
parking program as a permanent revenue source for the East Beach;
AND THAT a staff report be presented in 2026 for further discussion for locations of PR-
06.
CARRIED
4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2025-063 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Confirming By-law No. 2025-063 be read a first, second and third time and finally
passed.
CARRIED
5. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 8:00 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, November 6, 2025
7:00 p.m.
The November 6, 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 *via Zoom
SUSAN CHILCOTT
ABSENT: DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
MANAGER OF CAPITAL PROJECTS /
WATER/WASTEWATER ED ROLOSON
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 declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
16.1 A. Confidential Item re Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board (CUPE)
4. ANNOUNCEMENTS
Mayor Ketchabaw noted that Councillor Froese was absent due to a death in the family and that
he sends his condolences.
Mayor Ketchabaw and Councillor Chilcott reminded residents of the two Remembrance Day
Services on Sunday, November 9, 2025. Vienna beginning at 11 am and Port Burwell beginning
at 1 pm.
CAO Thomas Thayer reminded residents that the Municipal Office will be closed on Tuesday,
November 11, 2025 for Remembrance Day.
Council Minutes November 6, 2025
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5. PRESENTATIONS
A. Waterfront Photo Contest Awards
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Waterfront Photo Contest Awards Presentation be received for information.
CARRIED
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held October 16, 2025
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the minutes from the Regular Meeting of Council held October 16, 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
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-14/25 Countryside Communities Inc.
Council Minutes November 6, 2025
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B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-22/25 Weber
C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-23/25 Heritage
Grown Inc.
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT items 12.1.1 A – C be received for information.
CARRIED
The Council Meeting paused for a technical error at 7:08 pm and resumed at 7:09 pm
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-44/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E61-25 Rempel, 6657 and 6659 Plank Road
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-44/25 regarding the Consent Application E61-25 submitted by Ben Rempel
be received;
AND THAT Council recommends to the Elgin County Land Division Committee that Consent
Application E61-25 proposing the creation of a new lot be granted subject to the following
conditions and considerations:
1. That the Owner initiate and assume, if required, all engineering costs associated with
the preparation of Stormwater Management / Drainage Plan and works to the subject
lands to the approval of the Municipality and the County Engineering Departments,
including identifying a legal drain outlet and the preparation of a revised assessment
schedule 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 fulfilled, if required.
Note that if a revised assessment schedule is required and the deposit does not cover
the costs of the revised assessment schedule, the Owner will be billed for any
additional costs incurred.
2. That the Owner provides appropriate access for each parcel onto Plank Road to the
satisfaction of the County and provide any applicable documentation, plans and
permits to the satisfaction of the County and copies to the Municipality.
3. That the Owner provides confirmation from a qualified septic designer on the location
of each private septic system to ensure the locations meet Ontario Building Code
requirements for setbacks from property lines.
4. That the Owner resolves the non-conforming deck, either by removal, reconstruction to
meet Zoning standards, or application and approval of a Minor Variance to legalize its
location.
5. That the Owner pays fees as required in By-law No. 2025-007 Cash-in-lieu of Parkland
for the creation of a lot to the Municipality.
6. That the Owner provides a digital copy of a survey of the subject lands.
Council Minutes November 6, 2025
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7. That the Owner provides a Planning Report Fee payable to the Municipality, upon the
granting of the consent.
CARRIED
B. Report DS-45/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E58-25 and E59-25 J&S Family Farms Inc. 15 Oak Street
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-45/25 regarding the Consent Applications E58-25 and E59-25 submitted by
Pillon Abbs Inc. on behalf of J & S Family Farms Inc. be received;
AND THAT Council recommends to the Elgin County Land Division Committee that Consent
Applications E58-25 and E59-25 propose the creation of two new lots be granted subject to
the following conditions and considerations:
1. That the Owner removes the detached garage on the proposed Severed Lot, Parcel A.
2. That the Owner obtains approval from the Municipality for a road entrance permit (Oak
Street) for a new access to the proposed Severed Lot (Parcel A).
3. That the Owner obtains approval from the County of Elgin for a road entrance permit
(Fulton Street) for a new access to the proposed Severed Lot (Parcel B).
4. That the Owner demonstrates that an easement has been registered in favour of the lands
known as 24 Fulton Street along the western portion of Parcel B that addresses the
existing water servicing connection to 24 Fulton Street and the encroachment of the air
conditioning unit and eaves of the roof of the single-detached dwelling to the satisfaction
of the Municipality.
5. 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 Lots (Parcel A
and B).
6. That the Owner provides an engineered grading, drainage and storm water management
plan for each parcel 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
and the County.
7. That the Owner provides confirmation with respect to the location of the existing municipal
water and sanitary service connections to the Retained Lot. Should the existing municipal
servicing laterals cross the proposed property lines or do not have sufficient clearance, 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.
8. That the Owner submits a spatial separation report to the satisfaction of the Municipality to
verify that the requirements of the Ontario Building Code can be met for the interface of
the existing dwelling at 24 Fulton Street with the maximum building envelope shown in the
application for Parcel B.
9. That the Owner either acquires lands from the Municipality in the Vienna Community Park
that have been encroached upon by landscaping features, being parts of Part 11 on Plan
11R-11261, subject to the Municipality’s Sale of Surplus Municipal Lands Policy, including
survey, appraisal, and comment period, or the Owner removes all encroachments from
the Vienna Community Park lands at their sole expense.
10. That the Owner pays fees as required in By-law No. 2025-007 Cash-in-lieu of Parkland to
the Municipality.
Council Minutes November 6, 2025
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11. That the Owner provides a digital copy of a survey of the subject lands.
12. That the Owner provides a Planning Report Fee payable to the Municipality, upon the
granting of the consent.
CARRIED
C. Report DS-46/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Civic
Addressing Policy and Road Naming Policy
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-46/25 re Civic Addressing Policy and Road Naming Policy be received for
information;
AND THAT Council approve the Civic Addressing Policy and the Road Naming Policy as
presented.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Plympton-Wyoming re Conservation Fee Freeze
B. Municipality of Wawa re Accessible and Effective Alcohol Container Return System in
Ontario
C. Municipality of Bluewater re Keep Climate Change as a Foremost National Priority
D. Halton Region re Public Safety Requirements to Protect our Communities
E. Township of Edwardsburgh Cardinal re Ontario Community Infrastructure Fund (OCIF)
F. City of Cambridge re Rent Protection for Tenants
G. Ministry of Municipal Affairs and Housing re Amendments to the Development Charges
Act
H. County of Elgin re Fall 2025 Economic Development Update
I. County of Elgin re New Livestream for Council & Committee Meetings
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT items 13.1.1 A – I be received for information;
Council Minutes November 6, 2025
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AND THAT Council for the Municipality of Bayham supports item F.
CARRIED
The Council Meeting recessed for a Statutory Planning Meeting at 7:32 pm.
The Council Meeting resumed at 7:35 pm.
13.1.2 Requiring Action
A. Clara and Vio Koczi re Water on Glen Erie Line
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the correspondence from Clara and Vio Koczi re Water on Glen Erie Line be received
for information;
AND THAT staff be directed to provide an estimate of costs to the affected homeowners and
if interested, present to Council the associated steps with implementation for consideration.
CARRIED
13.2 Reports to Council
A. Report CAO-42/25 by Thomas Thayer, CAO re Elgin County Centralized Planning
Services
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report CAO-42/25 re Elgin County Centralized Planning Services be received for
information;
AND THAT the Municipality of Bayham moves to centralized planning services with Elgin
County in 2026 with legacy files continuing with Arcadis until complete;
AND THAT a service agreement be presented for enactment.
CARRIED
B. Report CAO-43/25 by Thomas Thayer, CAO re Ontario Clean Water Agency (OCWA)
Transition for Water/Wastewater Operations
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report CAO-43/25 re Ontario Clean Water Agency (OCWA) Transition for
Water/Wastewater Operations be received for information;
AND THAT Council authorizes the transition of water and wastewater operations and
maintenance for the Richmond Community Water Supply System, the Municipality of
Council Minutes November 6, 2025
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Bayham Distribution System, the Port Burwell Wastewater Collection System, and the Port
Burwell Wastewater Treatment Plant to OCWA, effective January 1, 2026;
AND THAT Council endorses the Operational Plan for the Municipality of Bayham Drinking
Water Systems;
AND THAT the Mayor and Clerk be authorized to endorse the Operational Plan on the
Municipality’s behalf;
AND THAT the appropriate by-law to enter into an agreement with OCWA for Operations
and Maintenance of the Richmond Community Water Supply System, the Municipality of
Bayham Distribution System, the Port Burwell Wastewater Collection System, and the Port
Burwell Wastewater Treatment Plant on a five-year term be presented to Council for
enactment.
CARRIED
C. Report CAO-44/25 by Thomas Thayer, CAO re Temporary Use and Demolition
Agreement, Baird, 56869 Howey Line
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report CAO-44/25 re Temporary Use and Demolition Agreement – Baird – 56869
Howey Line, Bayham be received for information.
CARRIED
14. BY-LAWS
A. By-law No. 2025-064 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and P.B.R. Excavating for Grewal
Drain Works
B. By-law No. 2025-065 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and 1904730 Ontario Inc. o/a
Simply Scoops
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT By-law Nos. 2025-064 and 2025-065 be read a first, second, and third time and finally
passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
A. Draft Minutes of the October 20, 2025 Waterfront Advisory Committee Meeting
Council Minutes November 6, 2025
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B. Draft Minutes of the October 22, 2025 Museum Advisory Committee Meeting
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the draft minutes of the October 20, 2025 Waterfront Advisory Committee Meeting and
the draft minutes of the October 22, 2025 Museum Advisory Committee Meeting be received
for information.
CARRIED
C. Recommendations to Council from the Waterfront Advisory Committee
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the recommendation from the October 20, 2025 Waterfront Advisory Committee be
received for information;
AND THAT Council approve $250 in the 2026 Operating Budget towards a photography
contest.
CARRIED
16.1 In Camera
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Council do now rise to enter into an “In Camera” Session at 8:11 p.m. to
discuss:
A. Confidential Item re Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board (CUPE)
CARRIED
16.2 Out of Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the Council do now rise from the “In Camera” Session at 8:22 pm and report on
Confidential Item re Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board (CUPE).
CARRIED
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
Council Minutes November 6, 2025
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THAT Confidential Item re Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board (CUPE) be received for
information;
AND THAT staff proceed as directed.
CARRIED
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2025-066 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Confirming By-law No. 2025-066 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Council meeting be adjourned at 8:23 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, November 6, 2025
7:30 p.m.
A. Proposed Zoning By-law Amendment ZBA-22/25 Weber 53680 Heritage Line
The November 6, 2025 Public Planning Meeting was held using hybrid technologies via
Zoom and livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS SUSAN CHILCOTT
TIMOTHY EMERSON *via Zoom
ABSENT: DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
PUBLIC ATTENDEES A: N/A
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:32 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest 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-22/25 Weber 53680 Heritage Line
THE PURPOSE of this By-law Amendment is to rezone a part the subject property from ‘Agricultural
(A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-XX)’ Zone to permit the construction of a new
building on the subject property for the storage and distribution of feed and seed, which requires relief
from the following provisions:
• Section 13.10.XX to zone an area of 5,329m² (as shown hatched on the Key Map) as Farm
Commercial (FC); and,
• Section 13.3, to permit a ‘Minimum Lot Frontage’ of 20m; whereas 30m is required under the FC
zone;
2
The subject property is known as 53680 Heritage Line, north side, and west of Richmond Road.
THE EFFECT of this By-law is to permit a new building for the storage and distribution of agricultural
feed and seed.
5. PUBLIC PARTICIPATION
No public participation.
6. CORRESPONDENCE
No correspondence.
7. OTHER BUSINESS
No other business.
8. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-22/25 is now complete at 7:35 p.m.
CARRIED
MAYOR CLERK
REPORT
MUNICIPAL LAW
ENFORCEMENT
TO: Mayor & Members of Council
FROM: Mark Russell, Municipal Law Enforcement Officer
DATE: November 20, 2025
REPORT: BL-05/25 SUBJECT: PORT BURWELL EAST BEACH – 2025 PAID PARKING PILOT PROGRAM
BACKGROUND
At its December 19, 2024 meeting, Council received a Presentation from John Cherewko & Mia Brown of HONK Mobile. The Presentation provided an overview of HONK’s offerings and their platform. Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the presentation by John Cherewko & Mia Brown re HONK Presentation & Demo be received for information. At its January 16, 2025 meeting, Council received Report BL-01/25 re Port Burwell East Beach
– Paid Parking Options. The Report recommended $4/hour and $20/day rates for a pilot paid parking program at the Each Beach through HONK Mobile. Council passed the following motion:
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott
THAT Report BL-01/25 re Port Burwell East Beach – Paid Parking Options be received; AND THAT staff be directed to implement a 2025 pilot program with a daily rate for non-residents of $4/hour or $18/day and the availability for residents to obtain a $0 resident permit; AND THAT staff be directed to establish a reserve fund for net proceeds from the pilot program.
At its February 20, 2025 meeting, Council received Report BL-02/25 re Updates to Traffic and
Parking By-law. Council passed the following motion: Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT Report BL-02/25 re Updates to Traffic and Parking By-law be received for information; AND THAT Council approve By-law No. 2025-013 as presented;
AND THAT By-law No. 2025-013 be brought forward for enactment.
By-law No. 2025-013 was adopted later in the meeting. In Q1 2025, staff hired and onboarded a Seasonal By-law Enforcement Officer (Seasonal BLEO) to provide primary support to the paid parking pilot program. The Seasonal BLEO started with the Municipality on April 28, 2025 and worked primarily out of the Port Burwell Fire Hall until September 12, 2025, providing customer service and enforcement support for their employment term. At its August 21, 2025 meeting, Council received Reports BL-04/25 re 2025 By-law Enforcement Service Mid-Year Report, and CAO-33/25 re Bayham Community Strategic Plan
Progress – 2025 Mid-Year Report. BL-04/25 mentioned that 1142 resident parking passes had been issued by June 30, 2025 in support of the paid parking pilot program. CAO-33/25 reminded Council of a $70,000 operating revenue allocation for parking fees in support of the
paid parking pilot program, and further mentioned that as of August 14, 2025, the estimated net parking fee revenues were $89,400. Council passed the following motions:
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report BL-04/25 re 2025 By-law Enforcement Service Mid-Year Report be received for information. Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-33/25 re Bayham Community Strategic Plan Progress – 2025 Mid-Year Report be received for information.
DISCUSSION
The paid parking season was established for a five-month period between May 1 and September 30, 2025. The applicable times were between 9 am and 7 pm daily. Non-residents and any resident without a Resident Seasonal Parking Pass paid a base of $4/hour or $18/day
to park at the East Beach, inclusive of HST. Implementation of the paid parking pilot program was conducted between the By-law Enforcement Officer, Manager of Public Works, and the Chief Administrative Officer.
The Municipality onboarded a Seasonal By-law Enforcement Officer (BLEO) to support the
program in late-April and the program through mid-September. The Seasonal By-law Enforcement Officer assisted with administration of the Seasonal Resident Parking Permit Program and worked primarily in Port Burwell and the Beach Zone.
This Report is divided into multiple sections to address various aspects of the pilot program covering financials, permits and fines, usage data, comments and correspondence received, comparisons with other municipalities, and options for Council to consider. Financial Analysis Between May 1 and September 30, 2025, Honk Mobile processed 11,928 parking transactions. The pilot’s gross revenue collection was $122,276.25. Gross collections include HST, which flows through Bayham and is remitted to the government. The Municipality also paid $11,234.89 in HONK Mobile fees in support of the pilot program. The net fee collections received by Bayham and used as the revenue figure in this Report is $99,806.47.
Parking Transactions by Month & Net Revenue
Month Parking Transactions Gross Fee Collections (inclusive of HST) Net Fee Collections (No HST – HONK fees removed)
April 16 $77.14 $64.46
May 896 $3,308.71 $2,875.37 June 2,461 $23,435.04 $18,398.58 July 3,950 $42,037.40 $36,954.64 August 3,737 $45,677.63 $35,342.25
September 868 $7,740.33 $6,171.17 Total 11,928 $122,276.25 $99,806.47
Revenues by Week
By-law staff recorded the weather conditions for the season during the months of May to September and have broken the pilot project into three Parts based on a combination of
changing seasons and revenue trends by week. Part 1 - Between the end of April to late-May was unseasonably cold1, which impacted the
beach attendance and reduced the overall revenue during this period. This weather extended into early/mid-June before the first significant heat event of the year. Other factors which affected revenue during this time period was staff training, students still in school and increased administrative duties to register Seasonal Residents Paid Parking Permits. Part 2 - Between the third week in June to the second week in August, temperatures were hot
1 Global News. 2025. “Southern Ontario faces unseasonably cold, wet May weather”.
https://globalnews.ca/video/11190812/southern-ontario-faces-unseasonably-cold-wet-may-weather
and dry with minimal rainy days, which helped to increase beach attendance and drive revenues. As training was complete and most of the residential permits were issued, staff were
able to have increased presence on the beach. The increased beach usage in mid-June caused internet connectivity issues with the free wi-fi
as it was unable to handle the internet traffic. Staff limited ticketing and IT conducted a review of the wi-fi and internet provider. As a result, new hardware was installed through a new provider by the second week of July. Part 3 - Between mid-August to end of September, temperatures cooled off, humidity reduced, and the beach usage dropped off. Other factors include people getting ready to go back to school and the Seasonal By-law Enforcement Officer’s contract was over September 12, 2025. In the Table below, Gross Collection Revenue has been calculated by each week. Gross Revenue Collection by Week
Week of Gross Revenue Collection Notes – Parts 1 to 3
April 28 – May 4 $135 Part 1 Reduced revenue during this time due to unseasonably cold weather
conditions, training and increased admin duties. Early season – kids still in school.
May 5-11 $666 May 12-18 $1,504 May 19-25 $828
May 26-June 1 $676
June 2-8 $3,218
June 9-15 $3,708
June 16-22 $6,474 Part 2 Increased revenue due to hot, dry weather, and increased enforcement
presence. Some emergent wi-fi issues affected revenues and enforcement from late-June through mid-July.
June 23-29 $9,010 June 30-July 6 $11,281 July 7-13 $9,438
July 14-20 $10,034
July 21-27 $10,452
July 28-August 3 $11,698
August 4-10 $15,138 August 11-17 $10,352 August 18-24 $6,810 Part 3
Temperatures started to cool off, kids going back to school, and Seasonal By-law Enforcement
Officer finished his contact on September 12, 2025.
August 25-31 $2,994
September 1-7 $3,860
September 8-14 $1,390
September 15-21 $1,518
September 22-28 $824 September 29 & 30 $268 Total $122,276.00
Percentage of Revenue by Day The highest revenue days were Saturdays and Sundays, which combined for 53 percent of the
overall revenue. Mondays and Fridays combined for an additional 23 percent. The lowest revenue days were mid-week.
It is important to note that only 5 of the 7 days in a given week were monitored by the Seasonal By-law Enforcement Officer, and days off often would be Tuesdays, Wednesdays, and
Thursdays to ensure adequate weekend coverage. The full-time BLEO assisted with sporadic coverage as time permitted. Percentage of Revenue by Day (based on gross fee collections)
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Income (%) 13% 10% 7% 7% 10% 25% 28%
The income data by day of the week is important because it speaks to the potential impacts that inclement weather may have on revenue generation. 53 percent of beach revenue was generated over 29 percent of the days (Saturday and Sunday). The weather this summer was
generally hot and dry, and in many cases, the rain events occurred mid-week or in evenings and overnight. If, however, the rain events occur over a weekend during peak beach hours, there is the high probability that revenues are significantly affected. This is something that staff are
acutely aware of, and if Council does opt to continue the program, revenue projections will have to be cognizant of weather conditions that are not expected to be as pristine as 2025’s beach season. Further discussion on appropriate revenue projection levels can be referred to the 2026 Operating Budget deliberations. Expenses
Wages and statutory benefits for the Seasonal BLEO were a combined $21,165.23 and the one-time start-up costs of the pilot program are listed below:
• Municipal Paid Parking Signs $7,967.81 (10-year life span – no changes to By-law)
• Signs & Post (Beach) $740.00 (10-year life span)
• Trek e-bike & Accessories $3,342.21 (5-year life span based on battery life)
• Fibre Internet Hardware Install $1,762.99 (10-year life span and asset for municipality) The above start-up costs total $13,813.01 and will not be incurred annually, which will reduce the expected total program expenses in 2026. Total pilot costs are $38,253.46 and have been outlined in the Table below. 2025 – Beach Expenses for Paid Parking
Beach Expenses Amount
Salaries & Wages - Seasonal By-law Enforcement Officer $18,722.00
Statutory Benefits – Seasonal By-law Enforcement Officer $2,443.23 (Utilities) – North Frontenac Telephone Company (NFTC) – Set up wi-fi $1,762.99 (Utilities) – North Frontenac Telephone Company (NFTC) internet $315.46
(Utilities) – Xplore internet $827.63
Signs - Paid Parking – McBain’s Signs $7,967.81
Signs & Posts (Beach) $740.00
(Sundry) - Bike – Trek e-bike $3,110.96
(Sundry) - Bike - Accessories $231.25 (Sundry) - Becklar / Worker Safe Software $483.76
(Sundry) - Southern Ontario Printing - Parking Tickets & Sticker for Wi-Fi $981.47
(Sundry) - Clothing / Patches / Hat $430.40
(Sundry) - Miscellaneous $236.50 Total $38,253.46
Wi-Fi Expenses As highlighted earlier in the Report, wi-fi was set up at the beach to help support mobile payments at the beach. In early May and June, the existing internet provider, Xplore was acceptable but towards mid-June and start of July the Xplore Internet regularly would drop because of the volume of users. Staff began to received increased volumes of complaints on June 22, 2025, which was the start of a very warm and dry summer in the area.
The Municipality’s IT managed service provider conducted a review of the internet providers and available options. As a result, North Frontenac Telephone Company (NFTC) installed Fibre Internet to the East Beach and improved the hardware for a one-time fee of $1,762.99. The Municipality pays a monthly fee for continued wi-fi, which reduces over the winter season in recognition of the end of the East Beach season.
The Municipality decided to keep Xplore and NFTC internet at the East Beach to ensure the best connectivity and allow for a backup system. Enhanced wi-fi is not only a benefit to the Pilot program, but also the public.
While the wi-fi was not working, staff estimated that approximately $6,000.00 in revenues may have been lost due to these wi-fi issues, which at the time were unforeseen. Given that this has been rectified going forward, there is the change to realize this additional revenue next season. Service-Level Surplus Based on net revenues and pilot-specific 2025 expenses, the paid parking pilot program
generated a significant surplus. Category
Net Revenues $99,806.47
Expenses (Pilot-specific) $38,253.46
Surplus/(Deficit) $61,553.01 The pilot program generated a surplus of $61,553.01 for 2025. In accordance with previous Council direction from January 16, 2025, Council may reserve the 2025 net surplus from the pilot program for future East Beach or facilities/recreation capital use. Council can also direct that the paid parking program be made permanent, which would allow the Municipality to use the projected annual surplus from the program as available funds to service Infrastructure Ontario (IO) debt that can be drawn to fund East Beach capital projects, thereby removing them from the tax levy and providing Bayham taxpayers with future tax relief.
Based on the $61,553.01 which represents the 2025 pilot surplus and when accounting for the generally good peak-season weather and removal of year-1 start-up costs, staff estimate that $60,000/year may be available annually to service capital-related debt. This would allow
Bayham to access approximately $890,000 in debt principal for the East Beach-related capital,
based on 3.5-percent interest rate over a 20-year term.
Staff recommend making the paid parking program permanent and that council consider the options presented for additional revenue. Usership Data Usership data contains a number of metrics. Staff collected data on how users interacted with the HONK system, how tickets applied and how/where fines were generated, how successful was the uptake of seasonal permits, and where visitors were generally coming from to visit the East Beach area. Sales and Payment Type Tap (QR) and the Honk Mobile app were the most used sales channels. In addition, credit cards, Apple Pay and Google Pay were the most popular forms of payment. Below is the method of sales, and type of payments used to pay for parking.
95 percent of users successfully navigated payment via tap or the HONK payment app. Approximately 86 percent of users were able to pay by credit card or an app-based payment
method. The data suggests strong uptake of digital options, which means that any secondary physical payment option, such as a physical kiosk, may be unnecessary. Physical kiosks are not cheap options. Previous estimates from historic Reports note that kiosks may run around $10,000 for the hardware and installation. They also require regular monitoring during paid parking hours. Damage to a unit may require maintenance of full replacement at costs to the program itself and effects to potential surpluses generated. Staff do not recommend a physical kiosk at this time. Parking Tickets Issued/Potential Fine Revenue Fine revenue is a secondary revenue source bolstered by the pilot program. This revenue is variable, and dependent on non-compliance with the Traffic and Parking By-law. In addition, this revenue ultimately depends on remittance by Elgin County.
The financial recommendations in this Report focus on fee revenues only, which are more
reliable and predictable. However, fine revenues are included in this section of the Report for information purposes.
Staff recorded all parking tickets issued during the Paid Parking Pilot, and issued a total of 523 tickets across Bayham, including 499 in the Beach Zone in Port Burwell. Only 14 tickets were
issued outside of the Beach Zone in Port Burwell. During the Paid Parking Pilot, a total of 84 tickets were voided. Most of these fines that were voided were because people paid and entered the wrong plate numbers. The parking ticket administration is completed by Elgin County Provincial Offences Office for 10 percent of the total ticket revenue each year. When applied, net 90-percent ticket revenues means that Bayham may expect a maximum fine revenue of approximately $25,110.00, provided all tickets are paid. To date, staff have received preliminary numbers from the Elgin County Provincial Offences Office and the total payments made for the parking tickets issued to date is $20,978.00 of the
$27,900.00 in fines issued. However, Bayham has received none of these funds thus far. Below is the breakdown of the fines issued between May 1 to September 30, 2025. Tickets Numbers by Location
Tickets Numbers
Issued in Eden 1 of the 523 tickets
Issued in Straffordville 5 of the 523 tickets
Issued in Vienna 4 of the 523 tickets
Issued in Port Burwell 513 of the 523 tickets
Issued in Beach Zone - Port Burwell 499 of the 523 tickets Issued Outside Beach Zone 24 of the 523 tickets Voided 84 of the 523 tickets Total Issued 523
Maximum Projected Revenue $27,900.00
Estimated Amount to County at 10 % Admin Fee $2,790.00
Maximum Net Revenue $25,110.00
Staff recorded which parking offences were being violated, and the statistics are included below. Number of Fines issued by Section
Section Offence Number
Tickets
8 (1) (g) Stop on highway except right-hand side of two-way road 23
9 (1) (a) Park on Boulevard 3
9 (1) (d) Park within 10 m of intersection 3 9 (1) (e) Park on street which obstructs 1 9 (1) (q) Park outside pavement markings 2
9 (1) (w) Park on grass within 25 m of east beach 8
10 (1) Park where no parking sign erected 10
12 (4) (a) Park in beach zone on boulevard 1
12 (4) (q) Park in beach zone where no parking – sign erected 5
12 (4) (r) Park in beach zone where tow away zone – sign erected 1
15 (1) Park exceeding 2 hr where sign erected 13
53 (1) (a) Park in municipal lot without marking municipally-approved mobile payment - sign erected 359
53 (1) (b) Park in municipal lot longer than payment made - sign erected 4
53 (1) (d) Park in municipal lot with trailer attached in metered zone 6 53 (1) (e) Park in municipal lot where no parking – sign erected 69 53 (1) (i) Park in municipal lot in manner that obstructs another vehicle 10
53 (4) Park in municipal lot exceeding where 2 hr - sign erected 2
71(1) Park in designated parking space without accessible permit 3 Total Fines Issued 523
Early in the season, multiple concerns were raised about parking outside the lines in Port
Burwell. Staff only issued two tickets, and only issued tickets when vehicles were parked more than ¼ into the next space. In addition, the painted lines eliminated the complaints related to people unknowingly blocking driveways. Staff also received several concerns early in the season about the 2-hour parking in downtown Port Burwell. Staff allowed an extra 15-minute grace time when enforcing the 2-hour parking,
monitored primarily on busy days, and issued very few actual tickets in these areas of Port Burwell. Seasonal Resident Permit Program Staff received 1,495 applications for Seasonal Resident Permits and 1,397 were online and 98
people registered in person. Staff had seven (7) business days to review submitted applications for Seasonal Residential Permits and often applications were reviewed within a couple of days after they were submitted as customer service was a main area of focus.
If anyone had an issue receiving their permits, the most common issue was that they never claimed their permit in their e-mail. Most comments received by staff were residents found the online registration straight forward and simple. However, staff did receive some complaints about residents wanting more than two
(2) permits and having to register for a parking permit. Below is a breakdown of Seasonal Residential Permits. Seasonal Residential Permits Breakdown
Category Numbers Online Applications 1,397
Manual Entries Entered 98
Total Number of Applications Submitted 1,495
Denied – Duplicate Application or Non-Resident -124
Permits Approved 1,371 Households with (1) one Permit 377 Households Households (2) two Permits 497 Households
Number of Households That Received Permits 873 Households
A total of 873 households received a permit, 377 households had one (1) permit, and 497 households had two (2) permits. These numbers show approximately 30 percent of Bayham households received a Seasonal Resident Parking Permit.
As a comparison, the following tables provide data on Norfolk County’s and Central Elgin’s permitting activities and associated revenues. Norfolk County Residential Permit Numbers by Year
Category 2023 2024 2025 Number of Permits Resident Permits Issued 152 68 50
Additional Restrictions N/A 4 Hour Max 4 Hour Max
Fee for Permit $20.00 $35.00 $35.00 Total: $3,040.00 $2,380.00 $1,750.00
Municipality of Central Elgin - Permits Sold to the Residents & Non-Residents
Season Passes for Residents & Non- Residents 2024 2025
Number of permits issued 494 510 Rate $103.50 Plus Tax & Fees $103.50 Plus Tax & Fees Total Gross Revenue $51,124.00 $52,785.00
In Central Elgin, both residents and non-residents must pay $103.50 + taxes and fees for a parking permit. There are no discounts or free parking permits for residents. Number of Visitors 2024-2025 Staff requested a Geo-fence be set up surrounding the East Beach, Pitt Street parking lot, and Memorial Park to provide the number of cell phones in the area to monitor the number of guests. This information was provided free of charge by the Tourism division of Elgin County, and Ontario Southwest Tourism due to an existing partnership with Environics Analytics.
Below is a map of where the geo-fence was established.
According to the mobile data collected by Environics Analytics, a total of 190,200 devices
attended the East Beach, Pitt Street Parking Lot, and/or Memorial Park in 2025 between May 1 to September 30. This is a negligible decrease from the 2024 data.
Below are some key data points from the Geo-fence report, rounded to the nearest hundred. Geo-Fence Data by Year
Visitation Summary 2024 2025
Visits (based on number of devices) 191,000 190,200
Unique visitors 54,500 53,500
Average visits per visitor 3.5 3.6
Average visitors per month 10,900 10,700 Average visits per month 38,200 38,100 Catchment area 35% Within 39 km Within 28 km
Catchment area 70% Within 90 km Within 88 km
Below is the breakdown of visitors by location. Visitors by Location Each Year
Visitation Summary 2024 2025
Norwich 30,276 38,935 Tillsonburg 13,242 16,460 London 15,021 12,480 Aylmer West 11,517 10,760
St. Thomas 6,441 8,859
Dorchester 6,724 6,506
Ingersoll 5,087 5,376
Woodstock 4,417 5,470 Kitchener 2,431 3,405 Stratford 3,628 No Info Simcoe 2,613 No Info
Blenheim No Info 2,437
Other locations 89,600 79,600 Total 190,997 190,228
Local Trends and Comparisons
Local trends and correspondence are important to determine what comments and concerns may be evident in the community, and when, and what general local, regional, or macroeconomic factors may have an effect on the area. It is also noteworthy for Council to have an understanding of what other similar beaches offer for their paid programs in case Council wishes to amend aspects of Bayham’s paid parking approach. Trends / Correspondence
Staff note that several changes in the last year have had an impact on the revenue of the local businesses and include but not limited to the following:
1. Decline in the local economy.
2. Rapid increase of foods costs.
3. Tariffs from the USA are causing an increase in the cost of goods. 4. Trends in Canada showing reduction frequency of drinking, where younger generation are drinking less, and people are strapped with the increased cost of housing.
The Municipality received pieces of correspondence from residents and businesses that business revenues are down in Port Burwell. A number of these pieces of correspondence suggest that paid parking was the cause of the decrease. Staff also received pieces of
correspondence from individuals commenting on the pilot program in general, and changes to parking regulations in Port Burwell. The majority of comments were in opposition to the program and were received early in the season. The pieces of correspondence are attached to this report. Most comments were received during May and early-June. As noted earlier in the Report, this period exhibited an unseasonably cold weather and likely correlates more with decreased business revenues and area tourism. In fact, Elgin County Tourism has confirmed that food and beverage sales in the St. Thomas area have declined 35.8 percent since 2024, which is strongly suggestive of broader sector and area impacts instead of impacts directly attributable to the paid parking pilot program.
The volume of correspondence decreased after mid-June’s improved weather and transitioned to comments received from users and visitors about the wi-fi. The wi-fi has since been rectified and since the service upgrade, the volume of comments has significantly decreased.
Another set of correspondence was received from Chief Mark Hill, requesting that indigenous individuals be permitted to park for free at the East Beach. Staff have sought input from other paid beaches and are unaware of payment relief for indigenous individuals. Staff do not recommend proceeding with free or discounted passes based on status. Beach Comparison The following is a comparison of Bayham’s rates and offerings against what other southern Ontario paid parking beaches provide. Staff have reached out to other municipalities to find out parking rates, when parking is in effect, and fees for permits for residents & non-residents. Daily Rate Average: $30.89 vs. Bayham rate of $18 Hourly Rate Average: $6.47 per hour vs. Bayham rate of $4
Resident Permits 5 of 11 Municipalities offer for free 6 of 11 Municipalities charge fee with average pass of $75.20 Bayham offers 2 free passes
Non-resident Permits: 9 of 11 offer parking permits for non-residents Average price of pass $103.50 Bayham has no pass available Paid Parking in Effect: Two municipalities year round Majority of municipalities run between May to mid-October Times Range from 7 am – 10 pm typically Bayham applies paid parking from 9 am – 7 pm. Below is a Table that tabulates other municipal rates across southern Ontario. Other Municipal Rates
Municipality Daily Hourly Seasonal Resident (Per Vehicle)
Seasonal Non- Resident (Per Vehicle)
Paid Parking in Effect
Blue Mountain (Beach) $ 40.00 Max 4 hr.
$10.00 Free $100.00 All year between 7 am to 10 pm
Cobourg (Beach)
$40.00 $5.00 $40.00 $150.00 Labour Day to Thanksgiving between 9 am to 8 pm Collingwood (Beach) $50.00 $10.00 Two Free resident
passes
$120.00 Victoria Day until Thanksgiving
between 7 am to 9 am Municipality of Central Elgin
(Port Stanley – Beach)
$20.00 $4.00 $103.50 + HST $103.50 + HST May 1 to September 30
between 10 am to 5 pm Municipality of Lambton Shores (Grand Bend – Beach)
$40.00 $8.00 $150.00 Midtown Lot & not available on Main Beach
$150.00 Midtown Lot & not available on Main Beach
May 15 to September 15 between 8 am to 6 pm
Municipality of Meaford
(Waterfrontage)
$10.00 N/A Free $100.00 May 1 to October 31 between 10
am to 6 pm Municipality of Niagara-on-the-Lake
(Waterfrontage)
N/A $5.25 $35.00 (3 Hour Max) N/A Year Round between 10 am to 8 pm
Norfolk County Turkey Point, Long Point (Beach)
N/A $4.00 $35.00 N/A June 15 to Labour Day between 10 am to 6 pm
Ontario Parks $18.00 N/A $84.75 Plus $84.75 Plus
Port Burwell,
Long Point, Turkey Point
with HST
Included
HST
(Summer Rate)
HST
(Summer Rate)
N/A
Town of Goderich
(Beach)
$30.00 $6.00 Two free permits &
additional permits are $25.00
$65.00 + HST May 15 to October 15
between 9 am to 5 pm
Wasaga Beach (Beach) $30.00 $6.00 Free $58.45 May 14 to October 15
Options for Consideration Potential Improvements Potential areas for improvement that have been noted by residents and staff:
• Pass through HST and service fees to user.
• Implement one parking meter by the washroom to accommodate people who may not have a mobile device or struggle with the HONK Mobile application.
• Reduce seasonal resident passes to 5 days a week Monday to Friday (excluding
statutory holidays) from 7 days a week.
• Allow one (1) free parking pass to residents, the second (2) pass be $25.00, and third (3) pass be $50.00.
• A seasonal permit for non-residents between Monday to Thursday (excluding holidays) for people outside the Municipality to encourage traffic during underutilized times for $72.00 for the season. (Pricing calculated on four (4) visits, at the day rate of $18.00)
• Optional two (2) day & three (3) day passes can be sold, which limits the number of transactions fees being paid and increases the user’s convenience.
• Sign near the Accessible Parking stalls that indicate three (3) hours free parking if an accessible permit is clearly displayed and valid.
• Designate Pitt Street parking lot paid for Saturdays & Sundays at a rate of $3 per hour or $15 per day and provide free parking passes to the Robinson Street business owners.
• Designate Marine Museum parking lot paid for at a rate of $3 per hour or $15 per day and leave five (5) spaces designated for the Marine Museum.
• Remove the dead tree in beach parking lot, as staff have received multiple complaints that dead tree is an eyesore.
• Livestream camera monitoring the beach and weather conditions.
• Targeted advertising through Facebook and Instagram in conjunction with Elgin County Tourism to promote the beach and create awareness of paid parking. When Council considered the January 16, 2025 Report, staff had originally recommended a $20
daily rate. Council directed $18 instead. Below shows the number of day transactions in 2025 and the net revenue for a number of scenarios involving daily rates between $18 and $22, and whether Bayham absorbs or passes through HST. For example, a $20 daily rate as
recommended by staff would have generated an extra $5,167.80 for Bayham. Rate Number of Day Transactions in 2025 HST Paid by Municipality Net Revenue
$18.00 – HST Included 2970 $6,949.80 $46,510.20 $18.00 – User Pays HST 2970 None $53,460.00 $20.00 – HST Included 2970 $7,722.00 $51,678.00 $20.00 – User Pays HST 2970 None $59,400.00
$22.00 – HST Included 2970 $8,494.20 $56,845.80
$22.00 – User Pays HST 2970 None $65,340.00
Staff have reached out Municipalities and majority of the Municipality have users pay HST. If Council resolved to keep the $18 day rate and pass through HST, net revenues increase by approximately $7,000.
Options As noted earlier in the Report, staff recommend that the paid parking program be established as a permanent program at the East Beach. In addition, the following three Options may be considered by Council for 2026 and beyond: Option 1
• All fees and HST be paid by the user.
• Reduce seasonal resident passes to 5 days a week Monday to Friday (excluding statutory holidays) from 7 days a week.
• A season pass for non-residents between Monday to Thursday (excluding holidays) for people outside the Municipality to encourage traffic during underutilized times for $72.00 plus HST & fees. (Pricing calculated on four (4) visits, at the day rate of $18.00)
• Optional Two (2) day & Three (3) day parking package can be sold limiting the number of transactions fees being paid and increasing convivence.
• Designate Pitt Street Parking Lot paid for Saturdays & Sundays at a rate of $3 per hour or $15 per day and provide free parking passes to the Robinson Street business owners for the Pitt Street Lot. Option 2
• All fees and HST be paid by the user.
• Reduce seasonal resident passes to 5 days a week Monday to Friday (excluding statutory holidays) from 7 days a week.
• A season pass for non-residents between Monday to Thursday (excluding holidays) for people outside the Municipality to encourage traffic during underutilized times for $72.00 plus HST & Fees. (Pricing calculated on four (4) visits, at the day rate of $18.00) Option 3
• All fees and HST be paid by the user. Council may at their discretion combine any or all aspects of the options presented or other potential improvements for changes to the program for 2026. Recommendation Based on the information presented in this Report, staff recommend making the program
permanent, which will provide some financial certainty for drawing and servicing debt related to beach-related capital infrastructure. Staff also recommend passing through HST to the user, which will increase the net revenues received by Bayham by 13 percent. Finally, in accordance
with previous direction, staff recommend the $61,553.01 in service-level surplus from the 2025 pilot program be reserved for future capital use. Council may recommend any changes to the program at their discretion. STRATEGIC PLAN 3.1: Quality of Governance > To undertake strategies and technology and knowledge capital investments that continuously improve a service-oriented governance approach in Bayham.
Initiative(s): Continue to address and evaluate technology and communication opportunities 3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community. Initiative(s): Investigate options for moving services to full cost recovery
3.3: Quality of Governance > To strategically engage in partnerships, joint ventures and other collaborative activities that leverage the Municipality’s resources and capabilities in order to achieve enhanced efficiencies and benefits for the community and its residents. Initiative(s): Not applicable. ATTACHMENTS 1. Correspondence received.
RECOMMENDATION
1. THAT Report BL-05/25 re Port Burwell East Beach – 2025 Paid Parking Pilot Program be received;
2. AND THAT Council establish paid parking at the East Beach as a permanent program for 2026 with the following amendments:
• Pass through HST and service-level user fees to users
•
• 3. AND THAT the $61,553.01 service-level surplus from the 2025 pilot be identified in the 2026 surplus report as a reserve transfer for future capital works at the East
Beach. 4. AND THAT Council refer further discussion about accessing Infrastructure Ontario (IO) or other debt instruments for East Beach capital, including impacts of additional annual debt service, to the 2026 Operating Budget discussion.
Respectfully submitted: Reviewed by: Mark Russell, CMM III Thomas Thayer, CMO, AOMC By-law Enforcement Officer Chief Administrative Officer
From: Albert & Rosemary White
Sent: May 7, 2025 1:14 PM
To: Thomas Thayer <cao@bayham.on.ca>
Subject: Parking restrictions in Port Burwell
Dear Mr. Thayer,
We wish to add our objections to the recent parking laws imposed on some streets in Port
Burwell.
As owners of the property at the corner of Brock and Erieus, we can no longer have guests
due to the no parking restrictions in the area. It has made our house basically unusable for
gatherings of family and friends.
As well, these restrictions have resulted in a huge loss of property values for anyone with a
house in this area.
Also, the parking restrictions on Brock Street have made Memorial Park inaccessible to
anyone wishing to visit the fairy garden or to enjoy a picnic in a peaceful setting or even to
watch the fireworks during Beachfest.
In our experience, anyone parking in the area of Brock and Erieus has been very respectful
of the property owners as well as the road allowances.
The spots allocated for parking downtown do not fit the size of vehicles. If a car does fit into
the parking spot, how are they to exit if someone is parking in front of or behind them.
We would ask that staff and council revisit their decision re the parking issue.
Respectfully
Albert and Rosemary White
From: Angme Qt
Sent: May 21, 2025 5:46 PM
To: Ed Ketchabaw
Subject: Paid parking
Hi, to whom it may concern, I am writing to let you know mine and my friends feelings
about paid parking. I loved going to Port Burwell but don’t have the funds to pay for the gas
to get there and parking on top and if I did I would go to the provincial side! Also the little
money I would have spent at your shops would be out of the question! Sorry I think you just
killed what was left of your town
Sincerely,
Angela Clunas
From: Isabelle Ingalls <ki09ingalls@icloud.com>
Sent: May 21, 2025 5:39 PM
To: Ed Ketchabaw
Subject: Re: IZZY’s Schooners
Hi again Ed, I’m so sorry, I told myself I wasn’t going to bug you again but I can’t help myself.
We had a group of 12 people in to eat at 2 pm this weekend and they were having a lunch/
meeting and some off them came earlier and waited for everyone to be arrived.
So some pass the 2 hrs and the law enforcement came in the restaurant and ask if those cars
were the Cx.
It stress them so much , they all got up and left.
They won’t do their meeting here anymore.
They don’t have enough time.
Ed , I know it will hurt our business, I’m pleading with you, stop it before it is too late .
And now the law enforcement said they are trying to put pay parking up as well.
Please tell the committee people not to play Russian Roulette with our business.
We only make money in the Summer with the tourists.
In the Winter people from around come but it is not enough to pay all the overhead.
Our staff needs their pay check to survive, if we have to close down then they loose their
job. Even if we need to let go some people because it is so slow , still the same result.
Ask the comity people if they are willing to get their pay check cut by 30% just to see how it is
going to go….
If people can’t find job in town,
Then they will have to move out of town to where they can find jobs.
Also if there is nothing in a town, people will leave also.
What is happening could turn out into a snow ball effect.
I can’t wait to see what is going to happen Ed.
I have to speak in the next meeting and I’ll bring info with me and back up.
This can’t happen.
Let me know what is my next step and I’ll be there.
I work way too hard to build my business in this town, to let 1 committee to sit there and make
that kind of decision.
Same in them, I knew that would happen, costumers would get stress out about the time.
Sorry again to bug you but that is my lively hood being under attack.
Isabelle
Sent from my iPhone
From: Mark Russell <MRussell@bayham.on.ca>
Sent: July 28, 2025 10:49 AM
To: Mark Russell <MRussell@bayham.on.ca>
Subject: Izzy - Text to ed
Hi Ed,
I need to give you an update. It is life or death for us business in this town.
I’m down half the money this month this year from last year.
Barely No one is walking the streets from last year.
My son Andrew with the pet store , he lost as much , no one is walking the streets.
Their going to the beach for the time they are aloud then they leave. No extra time to
walk around and go eat somewhere.
Ed , I told you that would happened at the beginning of the summer in our one on
one.
I did say you guys were playing Russian roulette with us.
And it is happening and I knew it.
You don’t have to be a mad scientist to know that.
You guys made money with Parking and tickets bit on business back but those
people won’t come back.
My staffs are being yeld at , at the Restaurent because they got a ticket.
They all say the will not come back and will never spend a dime in Port Burwell
anymore.
We were somewhat busy at the beginning of the month until the people say what
was happening and now they are not coming anymore.
We need the Summer to survive the Winter and now we are not getting our extra
money.
I don’t know why you guys made that decision without asking around and do a
study about it , to ask other town etc.
but I need a response from you.
Are you going to subside us for our money lost? For this season?
Izzy’s Schooners
Mark, the previous text is for the pilot file. Ed Ketchabaw
From: Jessica Johnson
Sent: May 22, 2025 8:02:13 AM
To: Ed Ketchabaw
Subject: Summer days
I'm so disappointed that you have decided to charge for parking. We are struggling to feed
our family as it is. We barely get to do anything anymore. I have to save so we can have gas
and a little bit for a treat, ice-cream or fries. It was one of the last low budget things we
could manage with our family. But now the added cost of $18 for parking. We won't even be
able to go fishing or to the derby. This is devastating for low income families who are
desperately looking for low budget activities.
Disappointed mom,
Jessica Johnson
-----Original Message-----
From: laura cott <laura_cott@hotmail.com>
Sent: May 12, 2025 10:34 AM
To: Parking <parking@bayham.on.ca>; Thomas Thayer <cao@bayham.on.ca>
Subject: Parking signs
Good morning
I think the pilot prices should’ve been cheaper
I think the period of time for the parking should’ve been 9 to 4-5 so that if people wanna go out for
supper, they don’t have to pay for parking ( the 2 hour sections will be full)
I think it’s pretty bad when people just wanna go walk the pier and come back that they’d have to pay for
parking. This will be a turn off for many people who do just thought.
Also, I’d like to know the cost we’ve spent on signage relating to this initiative in Port Burwell, including
all the fire zone signs, two-hour signs, no parking signs plus all the honk signs
How much does Honk make off the paid parking revenue ?
Thank you
Laura Edwards
Sent from my iPhone
-----Original Message-----
From: laura cott <laura_cott@hotmail.com>
Sent: May 14, 2025 9:03 AM
To: Mark Russell <MRussell@bayham.on.ca>
Subject: Re: Parking signs - comments
Hi mark
Thank you for the info -
I sent a secondary message about some parking spots that are too small for standard vehicles and if the
front end or rear end protruded into the connected spot, would they get a fine?
Also - could you answer these questions ?
“Also, I’d like to know the cost we’ve spent on signage relating to this initiative in Port Burwell, including
all the fire zone signs, two-hour signs, no parking signs plus all the honk signs
How much does Honk make off the paid parking revenue ?”
Thanks again
From: Matthew Ottaway
Sent: September 5, 2025 2:18 PM
To: Mark Russell <MRussell@bayham.on.ca>
Cc: Matthew Ottaway
Subject: parking at Port Burwell Public Beach
Good afternoon
On August 22, 2025, after travelling from Fergus, ON, I entered the parking area to discover
that parking is no longer free, one of the reasons I went to this beach over the last several
years. Upon investigation, there was no machine to purchase tickets. It is assumed that
everyone has a Smartphone. I don't have one. I felt discriminated against, a 5th generation
Canadian, not able to participate in society because I have chosen not to own one of these
telecommunication devices. Please remove the parking fees, or put in a parking meter,
whereby ordinary citizens can pay by cash.
Thank you,
Matthew Ottaway
From: Sabrina MacQueen <sabrinamacqueen@gmail.com>
Date: May 7, 2025 6:10 p.m.
Subject: Paid parking
To: Ed Ketchabaw <EKetchabaw@bayham.on.ca>
Cc:
Good evening mayor. I was down by the beach today. There were only 3 cars, probably
residents. 2 were on the pier side and 1 on the beach side. I have never seen our beach so
vacant on a day like today. Normally there'd be far more cars, especially people fishing.
I need to let you know how concerned I am that this is going to end up ruining the season
for our merchants.
I am part of many different Facebook communities in this area. There is post after post
after post of people saying they will never come here again. They say if they are going to pay
for parking they'll go to Longpoint or Port Stanley but definitely not here. Also, some are
saying they will now go to Port Bruce. Do you monitor local Facebook communities like
Aylmer, Tillsonburg etc. People from farther away are also commenting that this is the end
of any visits to the village of Port Burwell.
Also, most residents are very unhappy about this, and it's extremely hard to get service at
the beach to even pay through the app or as a resident to get registered for free parking
through the app to avoid a ticket.
I am begging you to drop this "experiment" before we lose most of our tourism through the
summer, which most of our merchants depend on to survive. It feels like this is going to
take away people's livelihood and turn us into a ghost town.
PLEASE RECONSIDER THIS BEFORE TOO MUCH DAMAGE IS DONE.
With hope you will see reason and bring this paid parking to a swift end.
Mr. Mayor, your job is to listen to your constituents, bring IN tourism and help our
merchants and this move is not that.
Mr. Mayor, please respond to my email.
A VERY CONCERNED RESIDENT
Sabrina
---------- Forwarded message ----------
From: Sabrina MacQueen <sabrinamacqueen@gmail.com>
Date: May 20, 2025 12:42 p.m.
Subject: Wake up
To: Ed Ketchabaw <EKetchabaw@bayham.on.ca>
Cc:
Dear Mr. Mayor: are you watching what is happening in Port Burwell with regards to paid
parking? Our lots remain empty while people are now going to Port Bruce.
Mr. Mayor, I am concerned that if you don't cancel this paid parking, our beautiful Port
Burwell will lose our summer, our merchants will lose their livelihoods and we will lose our
merchants.
PLEASE STOP THIS BEFORE IT IS TOO LATE! I understand that you sir were the tie-breaking
vote. I can't even imagine how you thought, for one second that this was a good idea.
Please reverse this disastrous decision BEFORE it's too late. Your "pilot" project is clearly
backfiring.
I'm begging you!
Please remove the paid parking.
Go look at social media photos of our parking lots! Right there is the evidence that this is a
disaster.
Sabrina
From: Sabrina MacQueen <sabrinamacqueen@gmail.com>
Date: May 20, 2025 12:59 p.m.
Subject: Proof
To: Ed Ketchabaw <EKetchabaw@bayham.on.ca>
Cc:
Top picture: Port Bruce yesterday
Bottom picture: Port Burwell yesterday
One of these things IS NOT LIKE THE OTHER! I wonder why?
It doesn't take rocket science! You sur, have the power to turn this thing around and let
Port Burwell welcome back tourists and their financial support to our merchants.
From: ahlfk fgh
Sent: May 14, 2025 4:24 PM
To: Bayham <bayham@bayham.on.ca>
Subject: Beach paid parking
Hello
I am a long-term resident of Bayhem. I moved from the region a few years ago for work.
I'm writing this email to express my concern for the small village of Port Burwell, bayham,
local businesses, and residence.
It has been brought to my attention that bayham mayor and counsel have decided to move
forward with paid parking at the only free Port Burwell Beach, the East Beach.
As someone who returns to the area often to visit friends and family and be around the
beautiful community, I will no longer visit this community, with this initiative moving
forward.
Although I was a long-term resident, I am now a visitor to the region when I come and I
typically spend a lot of money at local businesses, restaurants.,ect.
I implore the mayor and the Council to reevaluate their stance on paid parking at the
beach. I believe this will cost residents and especially businesses and restaurants a lot of
money.
Thank you for hearing my concerns. I hope you move forward with the best decision.
Truly
Shane Hoshal
From: Sheila Brown
Sent: May 21, 2025 6:21:09 PM
To: Ed Ketchabaw
Subject: Beach Parking
Hi there, I am a resident of malahide township. I often attend the Port Bruce or Port Burwell
beaches with my family in the summer. WIth the new pay to park policy I will stick to Port
Bruce. We often enjoy a meal or shop locally while visiting so my dollars will be spent
elsewhere.
Sheila
From: Susie Thiessen
Sent: May 20, 2025 6:19:55 PM
To: Ed Ketchabaw
Subject: Paid parking
Hello Ed
My name is Susie and I live in Vienna. I am disappointed in the pay parking system at the
beach. We love to always take our friends there and I feel like this will make them hesitate
to go. It should always be free. Just like going to a park.
Maybe I'm just not informed enough. I apologize if that's the case.
-Susie
From: Tyler Zellas
Sent: May 21, 2025 8:44:42 PM
To: Ed Ketchabaw
Subject: Burwell parking
Hi there, I would like to better understand as to where all the funds from the parking meters
and parking infractions will go? Will it be put back into the town or will it be spent elsewhere
in Elgin county? I won’t be visiting the public beach anymore as I’d rather pay less and go to
the provincial side. I think a lot of people will do this to or unfortunately go elsewhere that
offers more, For example life guards and play equipment at port Stanley. I also think paying
until 7pm is absolutely unnecessary and greedy! Most others end at 5pm and for lots of
struggling family’s that can’t afford much now adays that is a big deal because they can get
their kids out for fresh air rather then cooped up inside. I look forward to hearing back from
you!
Thank you
Tyler Zellas
COA-06/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: DAN FROESE FARMS INC. LOCATION: PART OF LOT 123, CONCESSION SOUTH OF TALBOT ROAD, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (COA-06/25).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 20th, 2025, at 6:45 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations to recognize a deficient Lot Area for an existing Lot on the subject property known as Part of Lot 123
Concession South of Talbot Line located west of Plank Road, south of the Village of Straffordville: 1) Section 5.12.XX to permit a Lot Area of 19.01 hectares, whereas 20.0 hectares is required
for a Lot in the Agricultural (A1) zone
THE EFFECT of this variance is to permit a reduced Lot Area over the retained lands to fulfill the Conditions of Consent Application E43-25.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on November 20th, 2025, to be circulated to the Committee of Adjustment ahead of the meeting. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. Dated at the Municipality of Bayham this 7th day of November 2025.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-23-25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT AGENT: JESSE FROESE OWNER: HERITAGE GROWN INC. LOCATION: 57238 LIGHT LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-23-25).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, November 20th, 2025, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel
THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus farm dwelling severance in Zoning By-law Z456-2003. The proposed Severed Lot is to be rezoned from ‘Agricultural (A1-1)’ to Site-Specific ‘Rural Residential (RR-XX)’ Zone, which requires relief from the following provisions:
• Section 7.3 to permit a Minimum Lot Area of 0.26 hectares, whereas 0.4 hectares is required; • Section 7.4 to permit a Minimum Lot Frontage of 34.5 metres, whereas 50.0 metres is required; and,
• Section 7.10 to permit a Minimum Rear Yard Depth of 5.5 metres, whereas 15.0 metres is required.
The proposed Retained Lot is to be rezoned from ‘Agricultural (A1-1)’ to a Site-Specific ‘Special Agricultural (A2-XX)’ Zone to prohibit new dwellings, and requires relief from the following provision:
• Section 6.9 to permit a Minimum Side Yard Width of 7.7 metres, whereas 10.0 metres is required.
The subject lands are known as 57238 Light Line, north side, and west of Elgin County Road 55.
THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E24-25.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments submitted on or before 12:00 Noon on Wednesday, November 12, 2025 to munderhill@bayham.on.ca or at the municipal office will be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the
Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 31st day of October 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
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: November 20, 2025
REPORT: DR-12/25 SUBJECT: PETITION FOR DRAINAGE – FRANK ENNS AND BEN REMPEL – PINE
STREET SUBDIVISION
BACKGROUND
This Report is to present Council the Petition filed with the Clerk of the Municipality of Bayham
on November 6, 2025. The petition is signed by Frank Enns and Ben Rempel, is for drainage
works for lands owned by Frank Enns and Ben Rempel, known as 1 Pine Street, LOTS 1 TO 2
CROSS;LOTS 5 TO 11 W/S PINE LOTS;3,8 TO 11 E/S UNION St. in the Municipality of
Bayham. This land is situated within the village of Vienna and on the south side of Fulton Street
between Pine Street and Union Street.
Section 4(1) of the Drainage Act provides for a petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (a) The majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area: (b) The owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60% of the hectarage in the area; (c) Where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61(5); (d) Where a drainage works is required for the drainage of lands used for agricultural purposes, the Director.
The Drainage Act provides that Council must give consideration to the petition and, within thirty days (Section 5.1.a) of the filing, decide whether or not it will proceed. If Council decides not to
proceed then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario Drainage Tribunal if Council decides not to proceed, or if Council does not act on the petition within 30 days. It may be difficult for Council to make a decision on the validity of the petition as it is based on definition of the “area requiring drainage”. Initially, the petitioner(s) define this area on the
petition they submit, however the area must be defined by an engineer at the “on-site meeting” to determine the validity of the petition.
If the Municipality decides to proceed then written notice of its decision must be given to (Section 5.16):
(a) each petitioner; (b) the Clerk of each local municipality that may be affected; (c) the Conservation Authority that may be affected; (d) the Ministry of Natural Resources; (e) The Ministry of Agriculture, Food & Rural Affairs. The Municipality must appoint an engineer within sixty days (Section 8.3) of giving notice to proceed. The choice of engineer is the decision of Council. When appointed by Council to prepare a report on the drainage work, the engineer is to file said report within six (6) months (Section 39.1) of the appointment.
Following the appointment the engineer must (Section 9.1) cause the Municipal Clerk to send a written notice, specifying the time and place of an “on-site meeting”. The notice must be served
seven days prior to the proposed site meeting. DISCUSSION
The property owned by Frank Enns and Ben Rempel is currently under review for a Plan of Subdivision application through Elgin County. The application is with the Municipality for comment. There are a couple of components outstanding at this time. Council has not received
and considered the Plan of Subdivision, nor established conditions for County consideration. Generally, drainage is handled as a condition of approval. However, in this case, the applicants are eager to proceed and have already submitted a drainage petition for a legal stormwater outlet they will be required to have for the development. Staff have advised the applicants that Council or the County may ultimately not approve the subdivision, so any time and costs incurred before approval is at the applicant’s own risk.
Staff have reviewed the existing drainage infrastructure and determined that the storm system running parallel to Pine Street is part of the Pine Street Drain, while the storm system along
Fulton Street forms part of the County of Elgin infrastructure. The County system has not been designed or sized to accommodate additional flows from the proposed development.
Accordingly, staff have advised the developer of the requirement for a legal outlet and outlined
the necessary process to obtain one. Based on preliminary review, utilizing the Ontario Drainage Act to establish a legal outlet for the subdivision appears to be the most viable option to ensure compliance with municipal and provincial drainage requirements.
Pending an on-site meeting and reviewing the existing site plan and current storm water system
along Pine Street, the decision would be in the direction of the municipal engineer. The
developer currently has a servicing plan that already identifies a possible outlet to the
Southwest of the area required draining, however this could affect downstream landowners.
It is staff recommendation, if to proceed with the petition, to retain Spriets Associates Ltd. as the
municipal drainage engineer to move forward with this petition.
STRATEGIC PLAN
Not applicable.
RECOMMENDATION
THAT Report DR-12/25 re Petition for Drainage – Frank Enns and Ben Rempel – Pine Street Subdivision be received; AND THAT the Council of The Corporation of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Frank Enns and Ben Rempel; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates Ltd., Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council’s consideration. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: November 20, 2025
REPORT: DS-48/25 FILE NO. C-07 / D13.WEBE
Roll # 3401-000-007-05210 SUBJECT: Rezoning Application ZBA-22/25 Weber (Choice Seeds) 53680 Heritage Line, Richmond
Draft Zoning By-law No. Z818-2025
BACKGROUND
Owners Dwayne and Nancy Weber submitted a zoning amendment application to rezone their
property at 53680 Heritage Line, north side and west of Richmond Road. The lands are predominantly
designated as “Agriculture’ in Schedule ‘A1’ of the Land Use of the Municipality of Bayham Official
Plan with a small portion designated ‘Hamlet’ that is within the settlement boundary of the hamlet of
Richmond. The lands are currently zoned ‘Agricultural (A1)’ Zone with the Long Point Region
Conservation Authority (LPRCA)’s regulation limit covering the rear (north) half of the property in
Schedule ‘A’ Map No. 4 in Zoning By-law No. Z456-2003. The proposed Farm Commercial area is
outside of the LPRCA regulation limit. A small area of the subject property is within the settlement
boundary, not subject to this application is zoned “Hamlet Residential’ (HR).
The purpose of this By-law Amendment is to rezone a specified area within the subject property from
‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-2)’ Zone to permit the development of
an accessory building, which requires relief from the following provisions:
• Section 13.10.1 to zone a defined area of 5,329m² as Farm Commercial (FC-2); and,
• Section 13.10.2, to permit a ‘Minimum Lot Frontage’ of 20m; whereas 30m is required under the
FC zone;
The effect of this By-law is to permit a new building for the storage and distribution of agricultural feed
and seed.
The public meeting was held on November 6, 2025, with no public attendees. No public comments have
been received.
Staff Report DS-48/25 Weber 2
DISCUSSION Agency comments were received from LPRCA advising they have no objections with the development being outside of their regulated area. The planner’s memorandum included with this Report, dated November 12, 2025, reviews the application and provides that it conforms to the Bayham Official Plan and meets the general intent and purpose of the Zoning By-law. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on a portion of the subject lands from Agricultural (A1) to Site-specific Farm
Commercial (FC-2) Zone to permit the development of a detached accessory building seeking relief from Zoning By-law Sections 13.10.1 and 13.10.2.
Draft Zoning By-law No. Z818-2025 is presented for consideration. STRATEGIC PLAN
Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-22/2 Weber 2. Arcadis Memorandum, dated November 12, 2025 3. Draft Zoning By-law No. Z818-2025 RECOMMENDATION THAT Report DS-48/25 regarding the Weber rezoning application ZBA-22/25 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 November 6, 2025 associated with this application, there were no oral presentations and no written public
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 a specified area of the subject property located in Part Lot 110 Concession 7 NTR, municipally identified as 53680 Heritage Line, from Agricultural (A1) Zone to Site-specific Farm Commercial (FC-2) Zone to permit the construction of a detached accessory building, seeking relief from the following provisions:
• Section 13.10.1 to zone a defined area of 5,329m2 of the subject property as Farm Commercial (as shown on Schedule A, Map 4); and
• Section 13.10.2 to permit a Lot Frontage of 20m; whereas Section 13.3 requires a minimum Lot Frontage of 30.0 m. AND THAT Zoning By-law No. Z818-2025 be presented to Council for enactment.
Staff Report DS-48/25 Weber 3
Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0A7 www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date November 12, 2025
From Jeff Henry, RPP, MCIP Project No 30260140 - 1018
cc
Subject Dwayne and Nancy Weber
Application for Zoning By-law Amendment ZBA-22/25,
53680 Heritage Line
Background
1. Arcadis has completed a review of the application for a Zoning By-law Amendment
submitted by Dwayne and Nancy Weber, owners of the subject property identified
as 53680 Heritage Line, north side, and west of Richmond Road. The applicant is
requesting a Zoning By-law Amendment to rezone a portion of the subject property
from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-2)’ Zone (the
“subject lands”) to permit the development of a detached accessory building,
seeking relief from the following provisions:
• Section 13.10.1 to zone a defined area of 5,329m² (as shown on Schedule A, Map 4) as Farm Commercial (FC-2); and,
• Section 13.10.2, to permit a ‘Minimum Lot Frontage’ of 20m; whereas 30m
is required under the FC zone;
2. The applicant intends to use the proposed accessory building to store and distribute
agricultural feed and seed, this will also include a new loading area and driveway
access onto Heritage Line.
3. The subject property is predominantly designated as ‘Agriculture’ in Schedule ‘A1’
of the Land Use of the Municipality of Bayham Official Plan, with a small portion
designated ‘Hamlet’ that is within the settlement boundary of the Hamlet of
Richmond. The proposed Farm Commercial area is outside the settlement
boundary and designated Agricultural.
4. The subject lands are currently zoned ‘Agricultural (A1)’ with the ‘LPRCA
Regulation Limit’ covering the rear (north) half of the property in Schedule ‘A, Map
No. 4’ of Zoning By-law No. Z456-2003. The proposed Farm Commercial area is
outside of the LPRCA Regulation boundary. A small area of the subject property
within the settlement boundary, not subject to this application is zoned ‘Hamlet
Residential’ (HR).
Subject Property and Surrounding Area
5. The subject property can be described as an ‘irregular shaped’ lot that has a lot
area of approximately 19.6 hectares (48.4 acres). There are two separate frontages
ARCADIS MEMORANDUM
Municipality of Bayham – November 12th, 2025
2
onto Heritage Line, one to the west side of the property, estimated length of 19
metres (62 feet); and one to the east of the property, (within the settlement
boundary), with an estimated length of 21 metres (69 feet). The proposed Farm
Commercial zone will include the western frontage with a proposed new access
driveway. The existing dwelling is accessed using an existing driveway within the
eastern frontage with Heritage Line. The lot depth is approximately 900 metres
(2,950 feet) deep, with a large, wooded area covering the rear of the property, to a
depth of approximately 750 metres (2,460 feet).
6. The subject property comprises of an existing single-detached dwelling with a floor
area of approximately 340m2 (3,670 ft2). There are existing accessory buildings
located to the rear and east of the dwelling, and at the south-eastern edge of the
wooded area. The remainder of the land is currently cultivated. These existing uses
will remain as-is.
7. The subject property is currently serviced by a private well and private septic
system. The proposed accessory building will have its own septic system, which
will be addressed at the Building Permit Application stage, should Council approve
the Zoning By-law Amendment.
8. The subject property is located on the western edge of the Hamlet of Richmond
which is predominantly residential. Its two frontages are split by existing residential
Lots, fronting Heritage Line. The property to the east is a cemetery, and to the south
and west are agricultural properties that also include Farm dwellings. The wooded
area covering the north of the subject property extends over a large area, including
properties to the west, north, and surrounds the Hamlet of Richmond.
Public Comments
9. A statutory Public Meeting was held on November 6th, 2025, and no written or verbal
feedback from the public was received.
Agency Comments
10. The application was circulated to all relevant agencies and departments.
11. No comments were received from Municipal staff.
12. As Heritage Line is a County road (#38), the proposed new access onto Heritage
Line will require an access permit from the County of Elgin.
13. Comments were received from the Resource Planner at Long Point Region
Conservation Authority, who noted the following:
the subject property contains flooding and erosion hazards from Little Jerry
Creek. LPRCA staff have reviewed the application and can advise that the
area proposed to be rezoned is outside of the area subject to the flooding and
erosion hazards. Therefore, LPRCA staff have no comments or concerns.
ARCADIS MEMORANDUM
Municipality of Bayham – November 12th, 2025
3
Municipality of Bayham Official Plan
14. The subject lands are currently designated as ‘Agriculture’ in Schedule ‘A1’: Land
Use of the Municipality of Bayham Official Plan. As per Section 2.1.3 of the Official
Plan, the ‘establishment of farm-related commercial activities which are small scale
and directly related to the farm operation and required in close proximity to the farm
operation’ will be permitted. In addition, ‘only “dry” farm-related industrial and
commercial uses will be permitted. A “dry” use shall be defined as a use that does
not require water for cooling, washing, and processing and whose subsurface
sanitary sewage disposal systems are used solely for the domestic waste
generated by employees’.
15. Comment: The proposed accessory building is for the storage and distribution to
local farms of agricultural feed and seed. This use is ‘dry’ as it does not require
water. The proposed septic system will be for domestic waste generated by the
washroom within the building only.
16. Section 2.1.3.2 of the Official Plan provides policy direction with respect to the
general principles to be considered in the development and zoning of farm related
commercial uses that are:
a) The Zoning By-law shall provide separate sets of zone regulations for farm
related industrial and commercial uses. These regulations should prescribe a
low building to lot ratio;
b) Uses which create adverse off-site environmental effects such as air
pollution, noise, odour, or generate excessive solid or liquid wastes either in
volume or toxicity will not be permitted;
c) The proposed potable water treatment and supply system; method of sanitary
sewage collection, treatment and disposal; solid waste disposal; and any
emissions to the environment shall meet the requirements of, and where
necessary, be approved by the Ministry of the Environment Conservation and
Parks or its delegated authority;
d) Adequate off-street parking will be provided to accommodate customers and
employees, however, the use should not generate high volumes of vehicular
traffic;
e) The proposed use will comply with the M.D.S. I, and adequate buffering shall
be provided between the farm related industrial or commercial area and
adjacent uses to prevent land use conflicts.
17. Comment:
a) The Farm Commercial Zoning proposed is appropriate for the intended use
of the new accessory building, please see rationale in the Zoning By-law
discussion below.
ARCADIS MEMORANDUM
Municipality of Bayham – November 12th, 2025
4
b) The storage of agricultural feed and seed is not anticipated to have any
adverse impacts to the environment.
c) The proposed accessory building will include a washroom, for which a
separate septic system is proposed and will need to be approved before
issuance of a building permit.
d) The proposed plan includes a loading area and parking, with room for truck
turning to ensure forward ingress and egress to Heritage Line. A high volume
of vehicular traffic is not anticipated.
e) An MDS study is not required for the proposed building based on the
proposed use.
Based on the analysis provided above, it is our opinion that the proposed Zoning By-law
Amendment Application would conform to the Bayham Official Plan.
Municipality of Bayham Zoning By-law
18. The subject property is currently zoned ‘Agricultural (A1)’ on Schedule ‘A, Map No.
4’; with a small area Zoned Hamlet Residential on ‘Schedule E’ in Zoning By-law
No. Z456-2003. The area of land that is proposed to be Farm Commercial is on the
other side of the property to the Hamlet Residential zoned area and beyond the
limit of the LPRCA Regulated Boundary. The intent of Farm Commercial uses is
that they are directly linked to surrounding farm operations.
19. Comment: The intended use of the new accessory building for the storage and
distribution of agricultural feed and seed is in keeping with the Farm Commercial
permitted use of ‘Agricultural Supply Establishment’.
20. Although the lands are not proposed to be severed, Section 3.7 provides:
…where a lot is subdivided into more than one zone, the regulations
applicable to these zones shall apply to the respective areas so zoned, and
the zone lines shall be deemed to be lot lines for the purposes of this By-law.
The proposed Farm Commercial area should comply with the following
requirements:
Requirement Required Provided Complies
13.2 – Minimum Lot Area 2,000m² 5,329m² Yes
13.3 – Minimum Lot Frontage 30.0m 20.74m No
13.4 - Maximum Lot Coverage 30% 20% Yes
13.5 – Maximum Building
Height
12.0m 6.1m Yes
ARCADIS MEMORANDUM
Municipality of Bayham – November 12th, 2025
5
13.6 – Min. Front Yard Depth 12.2m +73m Yes
13.7 – Min. Side Yard Width
Abutting Residential:
All other :
6.0m
3.0m
+30m
6.1m
Yes
Yes
13.8 – Minimum Rear Yard
Depth
7.5m 8.0m Yes
21. Comment: The subject lands are P-shaped, with the deficient lot frontage proposed to only include the driveway access. The proposed use is in the wider portion of the lot with a width of 43 metres. The reduced Lot Frontage provides for a driveway width, suitable for larger vehicles.
Based on the analysis provided above, it is our opinion that the proposed Zoning By-law Amendment Application meets the general intent and purpose of the Bayham Zoning By-law, and that the proposed reduced lot frontage is appropriate.
Conclusion and Recommendations
22. Based on our review, Arcadis has no objection to the requested Zoning By-law
Amendment Application to rezone the specified area of the subject property from
‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-2)’ Zone to permit
the development of a detached accessory building, seeking relief from the following
provisions:
• Section 13.10.1 to zone a defined area of 5,329m² of the subject property as
Farm Commercial (as shown on Schedule A, Map 4)
• Section 13.10.2 to permit a Lot Frontage of 20m; whereas Section 13.3 requires
a minimum Lot Frontage of 30.0m.
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. Z818-2025
WEBER 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 4” by changing the zoning symbol on the lands from ‘Agricultural (A1)’
Zone to a ‘Site-Specific Farm Commercial (FC-2)’ Zone, which lands are outlined in heavy solid lines and marked “FC-2” on Schedule ‘A, Map 4’ to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 13.10 Exceptions – Farm Commercial (FC) Zone by adding the following clauses: 13.10.1 Defined Area FC-2, being a defined area of 5,329m2 as shown on Schedule ‘A, Map 4’ to this By-law. 13.10.2 Minimum Lot Frontage Notwithstanding the provisions of Section 13.3 of this By-law, a Lot Frontage of 20.7 metres shall be permitted
3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 20th DAY OF NOVEMBER 2025. READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF NOVEMBER 2025.
_____________________________ _____________________________ MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: November 20, 2025
REPORT: DS-49/25 FILE NO. C-07 / D09.25TEICH
Roll # 3401-004-001-21732
SUBJECT: Consent Application E69-25 Teichroeb Exteriors Inc.
55480 and 55482 Vienna Line – Village of Vienna BACKGROUND
Consent application E69-25 was received from the Elgin County Land Division Committee, as submitted
by Teichroeb Exteriors (Elgen) Inc. proposing to sever a parcel from lands described as 55480 and
55482 Vienna Line, to create a residential parcel by separating a semi-detached dwelling within the
settlement boundary of Vienna.
The lands proposed to be retained are designated as ‘Residential’ land use as per Schedule ‘C’ of the
Municipality of Bayham Official Plan and is zoned ‘Village Residential 1 (R1) Zone on Schedule ‘H’ of
Zoning By-law No. Z456-2003.
The proposed severed lot has a lot frontage of 16.843m (55ft) and a minimum lot depth of 49.228m
(161.5ft) to accommodate the existing semi-detached dwelling that will remain as it exists today. The
proposed retained lot has a lot frontage of 16.843m (55ft) and a minimum lot depth of 49.176 metres
(161ft) to accommodate the existing semi-detached dwelling that will remain as it exists today.
Elgin County Land Division Committee will consider the application on December 10, 2025.
DISCUSSION The planner’s memorandum attached, dated November 12, 2025, analyzes the application subject to the Bayham Official Plan and Zoning By-law. The proposed severance divides the lands along the centre dividing line between the two units of the semi-detached dwelling. The conditions for creation of a residential parcel would include: engineered grading, drainage and storm water management plan for each parcel, location of existing services, that the rear deck is brought into conformity with the Zoning By-law, cash in lieu payment, digital copy of the survey, and payment of the planning report fee. Staff and municipal planner recommend the support of the consent application for the severance to
Staff Report DS-49/25 Teichroeb 2
sever the semi-detached dwelling as shown on the sketch with the recommended conditions. STRATEGIC PLAN Not Applicable. ATTACHMENTS
1. Consent Application E69-25 Teichroeb Exteriors Inc. 2. Arcadis Memorandum, dated November 12, 2025
RECOMMENDATION
THAT Report DS-49/25 regarding the Consent Application E69-25 submitted by Teichroeb Exteriors Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E69-25 proposing to create one (1) new residential lot to sever the existing semi-detached dwellings between the common wall, subject to the following conditions and considerations: 1. That the Owner provides an engineered grading, drainage and storm water management plan
for each parcel to demonstrate that the lands will drain properly with no negative impacts on the neighbouring lands or the street, to the satisfaction of the Municipality of Bayham; 2. That the Owner provides confirmation with respect to the location of the existing municipal water and sanitary service connections to the severed and retained lands. Should the existing municipal servicing laterals cross the proposed property lines or do not have sufficient clearance, the Owner shall obtain a permit from the Municipality of Bayham for the installation of a new municipal water and sanitary service connection(s) as applicable; 3. That the rear wood deck shown on Parcel “B” is brought into conformity with the Zoning By-law, Section 4.2e) by removing the deck, relocating the deck, or obtaining an approved Minor Variance Application for the existing location of the deck. 4. That the Owner pay fees as required in Municipal By-law No. 2025-007 Cash-in-lieu of
Parkland; 5. That the Owner provides a digital copy of a survey of the subject lands; 6. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham, upon the granting of consent. 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 November 12, 2025
From Jeff Henry, RPP, MCIP Project No 1022
cc
Subject 55480 and 55482 Vienna Line - Application for Consent E69-25
Background and Summary
1. We have completed our review of Consent Application E69-25 submitted by
Teichroeb Exteriors (Elgen) Inc. for the subject property identified as 55480 and
55482 Vienna Line, north side, west of Centre Street, in the Village of Vienna. The
applicant is requesting Consent to sever a land area of 788.1m² (8,483ft²) and to
retain 787.3m² (8,474ft²). The intent is to sever the existing semi-detached dwellings
between the common wall into two (2) distinct lots. One semi-detached dwelling would
therefore be located on each lot.
2. The proposed severed lot has a lot frontage of 16.843m (55ft) and a minimum lot
depth of 49.228m (161.5ft) to accommodate the existing semi-detached dwelling that
will remain as it exists today. The proposed retained lot has a lot frontage of 16.843m
(55ft) and a minimum lot depth of 49.176 metres (161ft) to accommodate the existing
semi-detached dwelling that will remain as it exists today.
3. The subject property is designated as a ‘Residential’ land use as per Schedule ‘C’ of
the Municipality of Bayham Official Plan and is zoned ‘Village Residential 1 (R1)’ on
Schedule ‘H’ of Zoning By-law Z456-2003.
Subject Property and Surrounding Area
4. An existing semi-detached building (two dwelling units) with attached garages are
located on the subject property to remain as they exist today. Each dwelling on the
subject property is separately serviced by municipal water and sanitary services.
There is a gravelled driveway which currently spans across the porch and garage of
both dwellings. The driveway, however, separates into two separate accesses around
the front Lot line, onto Vienna Line. Each unit has a wooden deck directly behind the
rear wall of the building; and the proposed severed Lot has an additional wooden
deck close to the rear property line (0.66m) and proposed severance line (0.08m).
5. The subject property is surrounding by existing low-rise residential uses directly to
the north, east and west. Across Vienna Line to the south are cultivated fields. Across
ARCADIS MEMORANDUM
Municipality of Bayham – October 28, 2025
2
Centre Street to the east is a cluster of farm buildings located at the end of Vienna
Line; as the property is already within the Settlement Boundary, this does not require
an MDS Study.
Municipality of Bayham Official Plan
6. Section 4.2.2.1 of the Municipality of Bayham Official Plan provides direction with
respect to ‘General Policies Applicable to all Settlement Areas’, specifically residential
uses. As such, this policy of the Official Plan encourages new residential development
within existing settlement areas, like the Village of Vienna, by filling in the vacant
areas and locating new residential development adjacent to existing built-up areas in
a compact and contiguous fashion. Further, Section 4.2.4 of the Official Plan provides
further direction with respect to the ‘Intensification and Redevelopment’ within
settlement area boundaries on vacant or underutilized sites to efficiently utilize
designated settlement area land and available municipal services.
Comment: It is our opinion that the creation of one (1) new residential lot within the
Village of Vienna makes efficient use of the existing municipal water services and is
in conformity with the Official Plan general residential policies.
7. Section 4.5.2 of the Official Plan, pertaining to the ‘Residential’ land use designation
in Villages, states that the primary use of land in settlement areas is intended for
single-detached dwellings or other low-density types of dwellings, including semi-
detached dwellings. Further, Section 4.5.2.1 indicates that proposals for new dwelling
lots should target a gross density of 20 units per hectare (uph) and shall be serviced
with municipal sewer and water, where one or both services are available.
Comment: The existing semi-detached dwellings to remain are permitted and
encouraged within the ‘Residential’ land use designation. The dwellings are also
serviced by existing municipal water & sanitary servicing. The density of this property
is 12uh. Although not meeting the targeted density, the proposed density is existing
and it is our opinion the density is in keeping with the surrounding area. It is our
opinion that the proposed severance is in conformity with Section 4.5.2.1 of the
Official Plan.
8. Section 4.5.2.8 of the Official Plan provides the following criteria regarding proposals
for new single unit and two-unit dwellings in the ‘Residential’ land use designation:
a) Lot frontage, depth and size: The lot frontage, lot depth, and lot size of any lots
proposed to be used or created for residential purposes shall be appropriate to
the development being proposed and consistent, wherever desirable and
feasible, to adjacent and surrounding lots. In no case shall lots be created or
dwelling units constructed which do not conform to the provisions of the Zoning
By-law unless the By-law is otherwise amended or a variance granted.
Comment: The proposed lot frontage, depth, and size of the proposed retained
and severed lot is consistent with the surrounding residential lots along Vienna
ARCADIS MEMORANDUM
Municipality of Bayham – October 28, 2025
3
Line and Centre Street. In addition, both the proposed severed and retained lots
meet the required minimum lot area of 400 m2 (for a semi-detached unit, where
both water and sanitary services are available) and the required minimum lot
frontage of 10.0 metres (for a semi-detached, internal lot).
Therefore, it is our opinion that the proposed lots would comply to the provisions
outlined in the Municipality of Bayham Zoning By-law.
b) Natural Features: Natural site features including vegetation, tree cover, and
topography shall be protected, enhanced, and incorporated into the design of the
proposed development to the greatest extent possible.
Comment: There are no sensitive natural features identified on the subject
property, as per the Official Plan Schedules.
Design: Innovative housing design and site layout including energy-saving
measures will be encouraged. To achieve energy savings, particular regard shall
be had to building form and size, density, lot and building orientation, and on-site
landscaping.
Comment: The applicant intends to sever the existing semi-detached dwellings
between the common wall into two (2) distinct lots. No changes are proposed to
the buildings.
c) Open space: Open space including parkland shall be provided in accordance with
the policies of Section 4.5.8.
Comment: Parkland dedication in accordance with the municipal Parkland By-
law will be required as a Condition of Approval for the creation of a new residential
lot.
d) Adjacent and surrounding land use: The proposed development shall be
compatible with existing (or proposed) neighbouring land uses. Where necessary
or desirable, the proposed development shall be adequately screened from
adjacent land uses by the provision of landscaping and/or buffering.
Comment: Being that the subject property is located within a settlement area, the
subject property is surrounded by a mix of low-rise residential uses. As such, the
existing semi-detached dwellings to remain are consistent in built-form and use
with the existing low-rise residential uses adjacent to and surrounding the subject
property.
e) Facilities and services: Existing or proposed municipal services (including potable
water supply, sanitary sewage treatment and disposal, solid waste disposal, storm
and surface drainage, roads, sidewalks, and street lighting) shall be adequate to
serve the proposed development. If these services or facilities are deemed
inadequate, the Municipality may require that an agreement be entered into with
ARCADIS MEMORANDUM
Municipality of Bayham – October 28, 2025
4
the developer as to the design and cost apportionment of any public works
required to bring these services or facilities up to the appropriate standard.
Comment: Each dwelling unit is serviced by its own municipal water and sanitary
connections. As a condition of approval, the applicant will be required to
demonstrate that these service connections do not cross the proposed severance
line.
f) Storm drainage: Adequate provision for stormwater management/drainage and
surface runoff subject to the requirements of the Municipality, and the statutory
approval authority having jurisdiction, shall be provided. Where in the opinion of
the Municipality it is deemed necessary or desirable, the Municipality may require
the submission of a grading plan and/or stormwater management plan to ensure
surface water runoff does not adversely affect neighbouring properties or
receiving watercourses.
Comment: The Chief Building Official and the Manager of Public Works &
Drainage have both commented that the water runoff would need to be confirmed
by way of a Grading Plan to ensure water does not drain across the proposed Lot
line. It is our understanding that as part of the Consent Approvals, a Stormwater
Management / Drainage and Grading Plan will be required.
g) Vehicular access: Vehicular access shall be available or made available from a
public highway or public street of reasonable construction and maintenance to
permit year round access and shall be subject to the approval of the authority(ies)
having jurisdiction. In no case shall access be permitted where traffic hazards
could result due to poor sight lines or proximity to a traffic intersection. In new
residential subdivisions, the use of a curvilinear street pattern, cul-de-sacs, and
other similar design features to minimize through traffic movements shall be
encouraged.
Comment: Each unit has its own access to Vienna Line and despite the existing
gravel surface being continuous across the proposed Lot Line directly in front of
the units, there is sufficient space to manoeuvre a vehicle without crossing the
proposed Lot Line. In our opinion, this application meets the intent of the Official
Plan.
h) The Planning Act: In the case of a residential subdivision, all matters contained
within Section 50 and 51 of the Planning Act as amended or revised from time to
time shall be complied with.
Comment: The applicant is not proposing a residential subdivision.
Based on the above, the proposed Consent Application can be in conformity with the
criteria listed in Section 4.5.2.8 of the Official Plan with the addition of Conditions of
Approval.
ARCADIS MEMORANDUM
Municipality of Bayham – October 28, 2025
5
Municipality of Bayham Zoning By-law
9. The subject property is located within the ‘Village Residential 1 (R1)’ Zone as per
Schedule ‘H’ of the Municipality of Bayham Zoning By-law Z456-2003. As per Section
10.1 of the Zoning By-law, the existing semi-detached dwellings to be located on each
of the proposed lots are a permitted use.
10. As per Section 10.3 of the Zoning By-law, the Minimum Lot Area for a semi-detached
dwelling is 400 m2 where public water and sanitary services are available. Given the
units have individual has access to municipal water and sanitary servicing, the
Minimum Lot Area of 400m2 per lot for a semi-detached dwelling would apply.
11. The proposed Retained Lot and Severed Lot would both meet the Minimum Lot
Frontage requirement of 10 m for a semi-detached, interior Lot, per Section 10.4 of
the Zoning By-law.
12. The existing building is under the Maximum building height of 7 m, as per Section
10.5.
13. Section 10.6 permits a maximum Lot Coverage of 30%, which is met when calculated
for each unit on the retained and severed lots.
14. The required building setbacks for a semi-detached dwelling as stated in Sections
10.8, 10.9 and 10.10 are also met by the existing building.
15. The required setback for ‘accessory uses’ in Section 4.2e) is a minimum of 1.0m from
any lot line. The existing wooden deck shown on the survey (included with the
application), is located a minimum 0.08m to the proposed shared property boundary
and a minimum of 0.66m to the rear property boundary of the severed Lot.
Comment: The existing wooden deck on the severed Lot would not be in accordance
with the Zoning By-law. As also suggested by the Chief Building Official, the options
to resolve this issue are:
a) Remove the deck
b) Move the deck to at least 1.0m from all property boundaries
c) Apply for a Minor Variance to permit the deck to remain in its current location.
Conclusion and Recommendations
16. Based on the above review of Consent Application E69-25, we have no objection to
approval of the proposed consent for the creation of one (1) new residential lot to
sever the existing semi-detached dwellings between the common wall, subject to the
following conditions:
a) That the owner provides an engineered grading, drainage and storm water
management plan for each parcel to demonstrate that the lands will drain properly
ARCADIS MEMORANDUM
Municipality of Bayham – October 28, 2025
6
with no negative impacts on the neighbouring lands or the street, to the
satisfaction of the Municipality of Bayham;
b) That the owner provides confirmation with respect to the location of the existing
municipal water and sanitary service connections to the severed and retained
lands. Should the existing municipal servicing laterals cross the proposed
property lines or do not have sufficient clearance, the owner shall obtain a permit
from the Municipality of Bayham for the installation of a new municipal water and
sanitary service connection(s) as applicable;
c) That the deck is brought into conformity with the Zoning By-law, Section 4.2e) by
removing the deck, relocating the deck, or obtaining an approved Minor Variance
Application for the existing location of the deck.
d) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-
in-lieu of Parkland;
e) That the owner provides a digital copy of a survey of the subject lands;
f) That the owner provides a Planning Report Fee payable to the Municipality of
Bayham, upon the granting of consent.
Jeff Henry
Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham
CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
October 31, 2025
Premier Doug Ford
Sent via email: premier@ontario.ca
Dear Premier Doug Ford:
Please be advised that Brantford City Council at its meeting held October 28, 2025 adopted
the following:
12.1.1 Provincial Support of the Ontario Airport Capital Assistance Program
WHEREAS small and regional airports in Ontario serve as critical infrastructure—
facilitating essential public services including air ambulance operations, forest
firefighting, search & rescue, and law enforcement activities, while also driving local
and regional economic development; and
WHEREAS many of these airports are ineligible for the federal Airports Capital
Assistance Program (ACAP) due to eligibility constraints such as lacking year round
scheduled service, yet still require capital funding for safety-related infrastructure; and
WHEREAS the Airport Management Council of Ontario (AMCO) has identified a
persistent funding gap for non ACAP eligible community airports, estimating that
approximately 85 such airports need $5.5 million annually to address critical airside
infrastructure needs; and
WHEREAS provinces including British Columbia, Alberta, and Saskatchewan have
successfully managed permanent provincial capital-assistance programs—offering
clear models for cost-sharing frameworks, eligible project criteria, and annual funding
envelopes; and
WHEREAS AMCO’s proposed Ontario Airport Capital Assistance Program (OACAP)
envisions an annual operational budget of $8.5–10 million, with a 75% provincial
/ 25% owner cost-share, a $2 million per applicant cap, and bonuses for key
community-benefiting projects; and
WHEREAS the 2025 Ontario Budget has already acknowledged "airports as cross
country infrastructure" and signaled intent to include them in upcoming capital
investments; and
WHEREAS the City of Brantford and the County of Brant benefit directly from airport-
enabled services, and ensuring its continued operation is in the public interest of
resident safety, economic resilience, and efficient connectivity.
NOW THEREFORE BE IT RESOLVED THAT The Corporation of the City of
Brantford formally urges the Government of Ontario to:
2
CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
i. Implement the Ontario Airport Capital Assistance Program (OACAP)
managed by the Ministry of Transportation.
ii. Adopt the recommended cost-sharing structure (75% provincial / 25%
municipal or operator), and cap funds at $2 million per project per applicant.
iii. Expand eligibility to include public-use registered aerodromes and certified
airports not currently eligible for ACAP.
iv. Reinstate the Ontario Air Advisory Panel to advise on airport infrastructure
and policy priorities.
v. Designate community and regional airports as critical infrastructure under
provincial policy.
vi. Investigate stable funding mechanisms—such as a dedicated stream from
the aviation fuel tax—to support OACAP sustainably.
BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to the
Premier of Ontario, Minister of Transportation, local MPPs, Brant County, AMCO, and
all Ontario municipalities operating public airports calling for provincial commitment to
OACAP.
I trust this information is of assistance.
Yours truly,
Chris Gauthier City Clerk,
cgauthier@brantford.ca
CC Minister Of Transportation minister.mto@ontario.ca
Member of Parliament Larry Brock larry.brock@parl.gc.ca
Member of Provincial Parliament Will Bouma will.bouma@pc.ola.org
Brant County clerks@brant.ca
AMCO amco@amco.on.ca
All Ontario municipalities operating public airports
2233 Argentia Rd.
Suite 301
Mississauga, Ontario
L5N 2X7
Office: 905-272-3600
Fax: 905-272-3602
www.watsonecon.ca
November 4, 2025
To our Municipal Clients:
Re: Bill 60, Fighting Delays, Building Faster Act, 2025 and Regulatory Proposals
25-MMAH018 and 25-MMAH030
In our continued efforts to keep our clients up to date on legislative changes that may
impact them, we are writing to inform you of proposed legislative changes to the
Development Charges Act, 1997 (D.C.A.) and associated regulation (Ontario Regulation
82/98). The provincial government has introduced Bill 60, an Act to amend various Acts
and to enact the Water and Wastewater Public Corporations Act, 2025 (referred to as
the Fighting Delays, Building Faster Act, 2025). This Bill proposes amendments to the
following legislation:
• Building Transit Faster Act, 2020;
• Construction Act;
• Development Charges Act, 1997;
• GO Transit Station Funding Act, 2023;
• Highway Traffic Act;
• Local Roads Boards Act;
• Municipal Act, 2021;
• Ontario Water Resources Act;
• Photo Card Act, 2008;
• Planning Act;
• Public Transportation and Highway Improvement Act;
• Residential Tenancies Act, 2006;
• Toronto Waterfront Revitalization Corporation Act;
• Towing and Storage Safety and Enforcement Act;
• Transit-Oriented Communities Act, 2020;
The Bill also introduces new legislation: the Water and Wastewater Public Corporations
Act, 2025.
In addition to the legislative amendments, the Province is also proposing changes to the
development charge (D.C.) regulation (Ontario Regulation 82/98). The proposed
changes, which are intended to standardize and streamline the D.C. framework, are
available for comments via the Regulatory Registry at the following links:
• 25-MMAH018: https://www.regulatoryregistry.gov.on.ca/proposal/52054; and
• 25-MMAH030: https://www.regulatoryregistry.gov.on.ca/proposal/52308.
Watson & Associates Economists Ltd. PAGE 2
The deadline to submit comments on the above-referenced proposals is November 22,
2025, and November 23, 2025, respectively.
This letter provides a summary and preliminary analysis of the proposed changes to the
D.C.A. and Ontario Regulation 82/98.
1. Proposed Changes to the Development Charge Framework
1.1 Proposed Changes to the Development Charges Act, 1997
The proposed changes to the D.C.A. are presented in Schedule 3 of Bill 60, Fighting
Delays, Building Faster Act, 2025. The following is a list of the proposed changes, which
are discussed in further detail below:
1. Addition of Class of Service for land acquisition;
2. Required timelines for the Annual Treasurer’s Statement;
3. Addition of requirements for Local Service Policies; and
4. Requirement to provide documents to the Minister.
1.1.1 Addition of Class of Service for Land Acquisition
Background Context
In preparing the D.C. calculations as part of a D.C. background study, most services[1]
require a Level of Service calculation to be undertaken, as the D.C.A. requires that the
increase in need for service must not exceed the historical Level of Service when
determining the charge. This requirement is set out in subsection 5 (1) 4 of the D.C.A.
and section 4 of Ontario Regulation 82/98. The regulation requires that the Level of
Service be calculated by identifying quantity and quality measures of service. These
measures have generally been interpreted to reflect the quantity of capital assets used
to provide the service and the current replacement value (i.e., quality) of the capital
assets. The combination of the measures results in the per capita historical replacement
value, which, when applied to the forecast population, provides the total D.C.-eligible
amount that can be included in the D.C. calculations for recovery.
In determining the replacement value (i.e., quality) of the assets, the scope of capital
costs is consistent with the definition in subsection 5 (3) of the D.C.A. The Act defines
capital costs to include “costs to acquire land or an interest in land, including a
leasehold interest.” Compliance with the D.C.A. requires that the scope of capital costs
included in the increase, the need for service, and the historical Level of Service be the
same. As such, the historical Level of Service calculations commonly include the value
of land. Over the past few years, the development community has raised concerns
[1] All D.C.-eligible services, except water, wastewater, stormwater, and transit services.
Watson & Associates Economists Ltd. PAGE 3
regarding the inclusion of land in the required Level of Service calculations when no
future land costs are identified. The increase in the value of land and all other
infrastructure has led to an increase in the D.C.-eligible amount that can be included in
D.C. calculations.
Proposed Changes
The legislative proposal is to include land acquisition as a separate class of service.[1]
Under this proposal, anticipated land acquisition capital needs would be grouped
together for the purposes of the D.C. calculations. Land acquisition capital needs would
also be excluded from the historical Level of Service restrictions.
In identifying the land acquisition needs by service, the proposal restricts the anticipated
capital costs for land to 10 years for all services except for the following:
• Water;
• Wastewater;
• Stormwater;
• Services related to a highway;
• Electrical;
• Transit;
• Police; and
• Fire.
As land acquisition will be established as a class of service, municipalities will be
required to establish a separate reserve fund for these capital costs. As such, funds
would be segregated for this purpose, only to be used for land costs. Similar to other
reserve funds, monies in this reserve fund can be borrowed and repaid, with interest.
With respect to credits, municipalities will need to ensure that credits for land are
accounted for separately from credits for other applicable services.
Section 35 of the D.C.A. is amended to add an exception to the use of monies in
established reserve funds. This section states that monies in a reserve fund can be
used for land acquisition; however, they cannot be used for land acquisition if those
costs are to be paid for with the reserve fund established for land acquisition.
[1] Section 7 of the D.C.A. states that a class of service may be established for the
purposes of a D.C. by-law that is a combination of D.C.-eligible services or a subset of a
D.C.-eligible service. Note, land acquisition related to the Toronto-York and Yonge
North Subway Extensions is not required to be a class of service.
Watson & Associates Economists Ltd. PAGE 4
Potential Impacts
The removal of land from the Level of Service calculations would have varying impacts
across municipalities. Where land values are significant, the removal of these amounts
from the Level of Service calculations will result in a decrease in the D.C.-eligible
amount that may restrict D.C. funding for future capital projects. For example, the
removal of land values from the replacement costs of recreation facilities would have
the effect of reducing the Level of Service cap on D.C. funding for recreation services.
While this may be impactful, this change enables the Level of Service calculations to be
more accurately compared to the anticipated increase in need for service and allows
land needs to be included without the Level of Service restriction.
The restriction on the forecast period for certain services appears to be inconsistent with
previous changes to the D.C.A., which removed the 10-year forecast period restriction
for all services except Transit.[1] As land purchases are commonly undertaken years
before the construction of a facility, there may be some requirements to include a post-
period benefit deduction if the land is required for a facility that will benefit growth
outside the 10-year forecast period.
Municipalities may consider having different land acquisition calculations for the various
forecast periods. For example, one calculation may be undertaken for the 10-year
restricted services, whereas one or more calculations may be undertaken for those
services with unrestricted forecast periods.
With respect to establishing a reserve fund for the land acquisition class of service,
there may be some transitional matters to consider when preparing the D.C.
background study calculations. For example, where land acquisition has been included
in previous D.C. background studies, and reserve fund monies have been allocated
and/or committed to land acquisition projects, reserve fund adjustments may be
required. As the changes to the D.C.A. state that a class of service for land shall be
established (i.e., required to recover land as a separate service), a separate reserve
fund is required. Once a municipality undertakes a new D.C. by-law, the capital costs
included in the class of service for land acquisition must be funded from the land
acquisition reserve fund.
[1] In 2019, the Province passed Bill 108, which removed the requirement to forecast
capital needs over a 10-year period for all services other than water, wastewater,
stormwater, services related to a highway, electrical power services, police, fire, and the
Toronto-York subway extension, as these services were previously not restricted to a
10-year forecast.
Watson & Associates Economists Ltd. PAGE 5
1.1.2 Required timelines for the Annual Treasurer’s Statement
Proposed Changes
Currently, the Annual Treasurer’s Statement must be prepared each year by a date
determined by Council. Subsection 43 (1) of the Act is amended to require the
Treasurer’s Statements to be completed by June 30 of each year.
Currently, the Annual Treasurer’s Statement is required to be provided to the Minister of
Municipal Affairs and Housing upon request. Subsection 43 (3) of the Act is amended to
require a copy of the Treasurer’s Statement to be submitted to the Minister by July 15 of
each year.
Potential Impacts
Municipalities will need to ensure the Annual Treasurer’s Statements are completed by
June 30 and submitted to the Minister by July 15.
1.1.3 Addition of Requirements for Local Service Policies
Proposed Changes
Currently, subsection 2 (5) of the D.C.A. precludes a D.C. by-law from imposing
charges with respect to local services described in section 59 of the D.C.A. Section 59
of the D.C.A. provides a link to the Planning Act, such that, as a condition of subdivision
or consent agreement, a municipality may require local services to be installed or paid
for by the owner. Local services are considered when preparing a D.C. background
study to ensure compliance with the legislative requirements. As such, a Local Service
Policy is generally included in our D.C. background studies for transparency to
stakeholders and for municipal staff administration.
New subsections 59 (2.2) through 59 (2.11) are proposed, which generally set out the
following:
• A Local Service Policy is required for all D.C.-eligible services to which a D.C. by-
law imposes a charge and where some part of the service will be provided as a
local service.
• A Local Service Policy is required to impose a condition of local services on
development, and only to the extent it has been identified in the Local Service
Policy. That is, a municipality could not require a work or classes of work to be
provided as a local service if it is not identified as such in the Local Service
Policy.
o This does not apply where a municipality does not impose a D.C. for that
service.
Watson & Associates Economists Ltd. PAGE 6
o This applies the day a municipality establishes the Local Service Policy or
18 months after Bill 60 receives Royal Assent.
• Required content for a Local Service Policy includes:
o Works or classes of works related to development that are intended to be
required as a Local Service.
• Optional content for a Local Service Policy includes:
o Works or classes of works that are not intended to be required as a Local
Service.
o Works or classes of works that are partially required as a Local Service.
• The municipality shall give a copy of the Local Service Policy to the Minister of
Municipal Affairs and Housing upon request, by the date requested.
• The Local Service Policy must be reviewed, requiring a resolution of Council
declaring if a revision is needed. The resolution shall be passed at the time of
passing any D.C. by-law or when a revision to the policy is required.
Note, there appears to be an error in the newly proposed subsection 59 (2.5). This
subsection refers to subsection 2.8; however, that subsection refers to sending a copy
of the Local Service Policy to the Minister of Municipal Affairs and Housing. It appears
the appropriate reference should be subsection 2.7.
Potential Impacts
At Watson & Associates Economists Ltd. (Watson), it is our current practice to include
Local Service Policies as part of D.C. background studies. This provides transparency
to stakeholders and the municipality by delineating between local service capital costs
and D.C.-eligible capital costs. The proposed changes regarding the required and
optional content appear to be generally in line with Watson’s current practice. Some
municipalities, however, currently include wording in their Local Service Policies that
provides flexibility for the municipality’s interpretation of what costs can be deemed local
service. The proposed changes aim to provide clarity on which costs would be deemed
local service; therefore, municipalities may consider updating their current Local Service
Policies to ensure removal of the “flexible” language. Furthermore, municipalities may
require more frequent updates to their Local Service Policies as items are raised
through the development approvals process that may not be appropriately captured in
the Local Service Policy.
The proposed subsection 59 (2.2) requires that a Local Service Policy cover the
services set out in subsection 2 (4) of the D.C.A. that are included in a D.C. by-law.
Land acquisition is a service as defined in this section, as it is proposed to be a sub-
service of capital costs for eligible services. As such, it would appear that land is
required to be addressed in the Local Service Policy.
Proposed subsection 59 (2.6) appears to clarify that if a municipality does not impose a
D.C. for a particular service, there is no requirement to have that service set out in the
Watson & Associates Economists Ltd. PAGE 7
Local Service Policy. This would also appear to apply to municipalities without D.C. by-
laws.
Municipalities will need to ensure that all D.C. background study processes include a
Local Service Policy and that the policy be expressly approved in the resolution of
Council when the D.C. background study and by-law are adopted. This would appear to
apply to all D.C. background study processes, including those prepared for by-law
amendments and streamlined amendments to by-laws that do not require a background
study under subsection 19 (1.1).
Given there is a transitional deadline of 18 months after this legislation takes effect,
municipalities with existing D.C. by-laws that do not have Local Service Policies should
consider reviewing and approving a Local Service Policy.
Note, if a municipality determines that there is no service in their D.C. by-law for which
they will impose local service requirements, it does not appear that the municipality
would be required to prepare a Local Service Policy.
1.1.4 Requirement to Provide Documents to the Minister
Proposed Changes
Currently, there is no requirement to provide the D.C. background study or by-law to the
Minister of Municipal Affairs and Housing. The proposed changes to section 10 and
section 13 of the D.C.A. would require municipalities to provide copies of the documents
to the Minister upon request, by the date requested.
In addition, there is currently no requirement to provide the Local Service Policy to the
Minister of Municipal Affairs and Housing. A proposed new subsection 59 (2.8) will
require a copy of the Local Service Policy to be provided to the Minister upon request,
by the date requested.
Potential Impacts
There does not appear to be any impact to municipalities, as the D.C. background study
is already required to be posted on the municipality’s website, and copies of the by-law
and Local Service Policy are typically included within the D.C. background studies.
1.2 Proposed Changes to Ontario Regulation 82/98
In addition to the proposed changes to the D.C.A., the Province has proposed
regulatory changes to Ontario Regulation 82/98. These changes are with respect to the
following matters:
1. Merging of credits for water supply services and wastewater services;
Watson & Associates Economists Ltd. PAGE 8
2. Making Benefit to Existing allocations more transparent in D.C. background
studies;
3. Detailing land acquisition costs in D.C. background studies; and
4. Making information in financial statements relating to D.C.s more transparent and
easily accessible.
These changes are discussed in more detail below. Note that the draft regulation has
not yet been released. Our preliminary comments are based on the summary of the
proposed changes provided on the Provincial Regulatory Registry website.
1.2.1 Merging of Credits
Watson has previously provided commentary on the merging of credits.[1] Our
commentary included the following potential impacts:
Removal of municipal discretion
Currently, municipalities have the ability to agree to apply credits to other services
within a D.C. by-law. In many cases, the municipality will undertake a cashflow
analysis of their D.C. reserve funds to determine if this is feasible. This proposed
change appears to remove a municipality’s discretion to combine services by
agreement in certain instances.
Cashflow implications for municipalities
Combining services for the purposes of credits would have cashflow implications
for municipalities, where funds held in a D.C. reserve fund for a service not
included under the section 38 agreement would be reduced. This could delay the
timing of capital projects for these impacted services and/or increase financing
costs, as municipalities tend to confine funding for projects to the reserve funds
available for that service and not borrow between reserve funds/services.
Proposed Changes
This proposed change aims to merge water supply services and wastewater services
for the purposes of credits. As provided in subsection 2 (4) of the D.C.A., the
D.C.-eligible services of water supply and wastewater include distribution and treatment,
and sewers and treatment, respectively.
[1] Watson & Associates Economists Ltd. June 4, 2025 letter to the Ministry of Municipal
Affairs and Housing: https://www.watsonecon.ca/insights/opinions/bill-17-comments-for-
regulatory-registry.pdf
Watson & Associates Economists Ltd. PAGE 9
Potential Impacts
The proposal is of concern as some municipalities have invested significant amounts
into their water and wastewater systems. To elaborate on why this is a concern, in
certain circumstances, municipalities have separated their water and wastewater D.C.s
into the following categories:
• Water supply and storage;
• Water distribution;
• Wastewater treatment; and
• Wastewater collection.
Where significant investments in water supply and storage or wastewater treatment
have been made, separating the D.C.s into the categories above may assist in ensuring
D.C. cashflows are available to pay existing debt payments. The proposal to combine
water supply and wastewater services would entitle a developer to receive D.C. credits
against both services if D.C.-eligible capital costs/works have been provided directly for
either service. This would negatively impact cashflows for the service not directly
provided by the developer.
1.2.2 Transparency of Benefit to Existing Calculations
Proposed Changes
The proposed regulatory changes would require municipalities to provide greater details
with respect to how capital costs are determined and how the growth-related and non-
growth-related shares of the costs are determined. The proposed wording appears to
require this for each service, rather than on a project-by-project basis.
Potential Impacts
It is positive that the Province has not established a required methodology, as there is
no standardized approach across all municipalities (although there are best practices
that are generally followed).
Providing further details in the background study will enhance transparency for
stakeholders. While this will require additional effort in the preparation of the D.C
background study, it should reduce the effort required by municipal staff to address
stakeholder questions related to the determination of capital and benefit to existing
deductions once the background study is released. Although the proposal suggests that
the D.C. background study will require the methodology to be provided by service, there
may be situations where a project-by-project determination is required.
Watson & Associates Economists Ltd. PAGE 10
1.2.3 Details of Land Acquisition
Proposed Changes
It is proposed that land acquisition capital needs shall be treated as a class of service.
As such, section 8 of Ontario Regulation 82/98 will be amended to require land
acquisition costs to be included in the D.C. background presentation of:
• The total of the estimated capital costs relating to the service;
• The allocation of the total of the estimated costs between costs that would benefit
new development and costs that would benefit existing development;
• The total of the estimated capital costs relating to the service that will be incurred
during the term of the proposed D.C. by-law;
• The allocation of the costs incurred during the term of the proposed by-law
between costs that would benefit new development and costs that would benefit
existing development; and
• The estimated and actual value of credits that are being carried forward relating
to the service.
Potential Impacts
See the comments above with respect to the inclusion of land acquisition as a class of
service.
1.2.4 Information Accessibility
Proposed Changes
The proposed changes increase reporting requirements for the Annual Treasurer’s
Statements to include:
• The amount from each reserve fund that was committed to a project, but had not
been spent, as of the end of the year;
• The amount of debt that had been issued for a project as of the end of the year;
and
• The location in the D.C. background study where the project’s capital costs were
estimated.
This would not apply in circumstances where a municipality uses a unique identifier in
both background studies and Treasurer’s Statements to identify each project.
Potential Impacts
The proposed changes increase transparency for the public and can help demonstrate
that D.C. funds are being used as required and to the extent allowable under the D.C.A.
Watson & Associates Economists Ltd. PAGE 11
These additional requirements will increase administrative effort by municipal staff.
Municipalities may wish to provide unique project identifiers as part of the preparation of
their next D.C. background study for ease of aligning projects in the D.C. background
study with the projects identified in the Annual Treasurer’s Statement.
2. Concluding Remarks
The proposed changes to the D.C.A. and Ontario Regulation 82/98 are generally
positive as they provide additional transparency of the D.C. calculations and how D.C.s
are used by municipalities. The changes with respect to including land acquisition as a
class of service appear to have a minor impact on municipalities where land values are
minimal, with a greater impact on the Level of Service calculations for larger urban
municipalities. The requirement for a Local Service Policy and its contents are generally
in line with Watson’s current approach; however, updates may be required to existing
Local Service Policies to provide more detail on which costs would be local service and
which costs would be recovered through D.C.s. Watson continues to have concerns
regarding the merging of services for the purposes of credits, as this may impact
municipalities that have invested in water supply and/or wastewater treatment costs.
We will continue to monitor any changes and inform you of the potential impacts on
municipalities.
Should you have any questions, please contact any of the undersigned or send an
email to info@watsonecon.ca.
Yours very truly,
WATSON & ASSOCIATES ECONOMISTS LTD.
Andrew Grunda, MBA, CPA, CMA, CEO
Peter Simcisko, BA (Hons), MBE, Managing Partner
Sean-Michael Stephen, MBA, Managing Partner
Daryl Abbs, BA (Hons), MBE, PLE, Managing Partner
Jamie Cook, MCIP, RPP, PLE, Managing Partner
Jack Ammendolia, BES, PLE, Managing Partner
Lake Erie Source Protection Region, c/o Grand River Conservation Authority, 400 Clyde Road, Box 729, Cambridge, ON N1R 5W6 1
November 10, 2025
Notice of Consultation – Draft Updates to the Long Point Source Protection Plan and
Assessment Report
You are receiving this notice because your municipality may be affected by proposed
amendments to the Long Point Source Protection Plan As part of your responsibilities under the
Clean Water Act, 2006, for implementing Plan policies, you are being consulted.
The Grand River Source Protection Authority (GRSPA), as the lead authority in the Lake Erie
Source Protection Region, in collaboration with the Lake Erie Region Source Protection
Committee (LERSPC), is updating the Long Point Source Protection Plan and Assessment
Report under Section 36 of the Clean Water Act, 2006, as directed by the Ministry of
Environment, Conservation and Parks (MECP).
Updates to the Assessment Report
Updates to the Assessment Report ensure that technical information is up to date and conforms
with the current 2021 Technical Rules (December 3, 2021) under the Clean Water Act, 2006.
This includes updates to drinking water system descriptions, risk and threat assessments,
mapping, and water quality issues evaluations. The document also underwent formatting
revisions to reduce duplicated information and enhance readability.
Updates to the Source Protection Plan
Proposed amendments to the Source Protection Plan under this Section 36 update include:
• New and revised policies to:
o Align with the MECP’s 2021 Technical Rules
o Address the new Ontario Regulation 137/25
o Add annual reporting requirements for the MECP
o Address implementation challenges identified by municipal staff
o Better align with existing regulatory processes
• Creation of a new Plan-wide policy chapter, which removes policies directed at provincial
ministries and other agencies from municipal chapters for consolidation into fewer
policies.
• New policies for the prescribed threat of liquid hydrocarbon pipelines.
A more detailed summary of amendments to the Source Protection Plan and Assessment
Report accompanies this letter for reference.
These Plan updates may affect how certain activities are managed within vulnerable areas and
may impact municipal responsibilities under the Plan.
How to Review and Comment on Proposed Updates:
Draft updated sections of the documents are available online at www.sourcewater.ca and in
person at
• Grand River Conservation Authority ꟷ 400 Clyde Road, Cambridge
• Oxford County ꟷ 21 Reeve Street, P.O. Box 1614, Woodstock
Lake Erie Source Protection Region, c/o Grand River Conservation Authority, 400 Clyde Road, Box 729, Cambridge, ON N1R 5W6 2
• Norfolk County Planning Department ꟷ 12 Gilbertson Drive, Simcoe
• Haldimand County ꟷ 53 Thorburn Street South, Cayuga
• Municipality of Bayham ꟷ 56169 Heritage Line, PO Box 160, Straffordville
We ask that you review the proposed updates and submit any comments by December 19,
2025, to:
Stacey Bruce
Source Protection Program Coordinator
Lake Erie Source Protection Region
519-621-2763 ext. 2303
sbruce@grandriver.ca
Municipal Endorsement and Public Consultation
While council resolutions of endorsement are not required under Section 36 of the Clean Water
Act, 2006, municipalities are welcome to submit one. Any resolutions submitted directly to
Stacey Bruce by January 31, 2026, will be considered by the LERSPC and included in the final
submission by the GRSPA to the MECP for review and approval.
Public consultation is being conducted in accordance with O. Reg. 287/07. All comments
received will help inform the final documents submitted for provincial approval.
If you have questions or would like to discuss the proposed changes, please contact Stacey
Bruce directly.
Sincerely,
Kaitlyn Rosebrugh
Senior Source Protection Program Coordinator
Lake Erie Source Protection Region
Summary of Section 36 Amendments to the Assessment Report and
Source Protection Plan
The following provides a high-level summary of amendments made to the Long Point
Region Assessment Report and Source Protection Plan under Section 36 of the Clean
Water Act, 2006.
Assessment Report
Multiple Sections:
• General formatting edits, including map referencing. Editorial text revisions to
remove duplicate information, reduce edit burden, and enhance reliability.
• Reference to “Provincial Groundwater Monitoring Network Wells” revised to
“Provincial Groundwater Monitoring Network Locations”
• “Issue Contributing Areas” terminology revised to include Wellhead Protection
Area (WHPA-ICA)
• Maps and text revised to align with Ministry of Environment, Conservation and
Parks 2021 Technical Rules for percent impervious surface categories
• Individual “Identification of Drinking Water Quality Threats” tables removed from
each drinking water system section and consolidated into a single table in
Chapter 3.
• Transport Pathway maps removed. Transport Pathway Area of Influence maps
retained.
Chapter 2: Watershed Characterization
• Updated municipal user data, including the removal of future population
projections and revised land cover values and water use
• Updated Map 2-1 with municipal names and surrounding Source Protection
Regions
Chapter 3: Water Quality Risk Assessment
• Improved description of water quality risk assessment methodology
• Inserted consolidated “Identification of Drinking Water Quality Threats” table
Chapter 4: County of Oxford
• Updated drinking water system descriptions, methods and/or data, where
appropriate
• Updated threats data and water quality issues evaluation
• Tillsonburg serviced area map updated to clearly distinguish between areas
directly serviced by Tillsonburg and those served by surrounding systems
Chapter 5: Norfolk County
• Updated drinking water system descriptions, methods and/or data, where
appropriate
• Updated threats data and water quality issues evaluation
• Intrinsic Vulnerability and related layers for Simcoe smoothed
• Maps reordered
Chapter 6: Haldimand County
• Updated drinking water system descriptions, methods and/or data, where
appropriate
• Updated threats data and water quality issues evaluation
Chapter 7: Elgin County ꟷ Municipality of Bayham
• Updated drinking water system descriptions, methods and/or data, where
appropriate
• Updated threats data and water quality issues evaluation. Nitrate WHPA-ICA
monitoring was added to the water quality issues evaluation.
• Intrinsic Vulnerability and related layers for Richmond smoothed
Chapter 11: State of Climate Change Research in LER
• Removed duplicated subsections on climate change effects
Chapter 12: Consideration of Great Lakes Agreements
• Revisions to Long Point Region Watershed and Great Lakes Agreements to
update information and improve structure
Chapter 13: Conclusions
• Removed repetitive content to reduce editing burden
Chapter 14: References
• Updated and reorganized as needed.
Source Protection Plan Volume I:
Multiple Sections:
• Re-organized and edited text to update information, improve flow and
accessibility, reduce editing burden, eliminate duplicate content and transition
resources online (see report SPC-24-09-06). Similar to edits applied to the
Assessment Report and Explanatory Document.
Mapping Revisions
• Map 2-1 updated to include municipal names and surrounding Source Protection
Regions
• Map 3-1 removed due to redundancy.
Source Protection Plan Volume II:
Introductory Chapters
• Removed or revised duplicate content to reduce editing burden.
• Section 1.0 – Introduction removed entirely; subsequent sections renumbered
accordingly.
All Chapters
• Map Schedules removed
• Policies Revised
o Editorial updates to correct errors, standardize language and policy
structure, and update terminology and threat nomenclature
o Sidebar revisions to reflect correct policy applicability in accordance with
2021 Technical Rules
o Risk Management Plan policy revisions to remove redundant wording
regarding alignment with prescribed instruments, as already outlined in
relevant legislation.
Chapter 2: Plan-wide Policies for the Long Point Region Source Protection Area
• New chapter created for Plan-wide policies, including:
o Removal of all policies directed at provincial ministries and other agencies
from individual municipal chapters and consolidation into fewer policies.
o New policy identifiers assigned to the consolidated policies.
o Inclusion of definitions and Policy Lists
• New and revised policies to include additional annual reporting requirements for
MECP and address the new Ontario Regulation 137/25
• Revised policies to better align with existing regulatory frameworks (e.g. Nutrient
Management Act).
• New policies for the prescribed threat liquid hydrocarbon pipelines:
LPSPA-NB-8.1, LPSPA-NB-8.2, LPSPA-NB-8.3, LPSPA-NB-8.4
• New policy directed at the Ministry of Transportation related to road signage:
LPSPA-NB-7.1
Chapter 3: Oxford County Source Protection Plan Policies
Policy Identifier Update
• All policy identifiers updated to include prefix “LP” signifying Long Point Region
Revised policies:
OC-LP-CW-1.1.2, OC-LP-CW-1.2, OC-LP-CW-1.8, OC-LP-CW-1.9, OC-LP-NB-1.15,
OC-LP-CW-2.4, OC-LP-CW-2.5, OC-LP-CW-12.1, OC-LP-CW-13.1, OC-LP-CW-15.1,
OC-LP-CW-16.1, OC-LP-CW-16.2, OC-LP-CW-18.1
New policies:
OC-LP-MC-1.1.3, OC-LP-CW-3.10, OC-LP-CW-6.2, OC-LP-CW-6.3, OC-LP-CW-7.3,
OC-LP-CW-7.4, OC-LP-CW-12.2, OC-LP-CW-12.3, OC-LP-CW-16.3, OC-LP-CW-18.2
Removed policies:
OC-NB-1.7, OC-CW-1.11, OC-CW-1.12, OC-NB-1.14, OC-NB-1.16, OC-CW-1.17,
OC-MC-1.18, OC-NB-1.19, OC-MC-2.1, OC-MC-2.3, OC-MC-3.3, OC-MC-3.4, OC-MC-
3.5, OC-MC-3.6, OC-MC-3.7, OC-MC-3.8, OC-MC-3.9, OC-MC-6.1, OC-MC-7.1, OC-
MC-7.2, OC-CW-13.2, OC-CW-17.1, OC-NB-19.1
Chapter 4: Norfolk County Source Protection Plan Policies
Revised policies:
NC-CW-1.1.2, NC-CW-1.2, NC-CW-1.6, NC-CW-1.9, NC-CW-1.10, NC-NB-1.15, NC-
NB-1.16, NC-CW-2.2, NC-CW-2.4, NC-MC-3.7, NC-CW-4.1, NC-CW-5.4, NC-CW-6.1,
NC-CW-10.1, NC-CW-10.2, NC-CW-16.3
New policies:
NC-MC-1.1.3, NC-CW-3.9.1, NC-CW-3.10, NC-CW-5.1.1, NC-CW-5.3.1, NC-CW-7.3,
NC-CW-10.1.1
Removed policies:
NC-NB-1.7, NC-CW-1.12, NC-CW-1.13, NC-NB-1.17, NC-CW-1.18, NC-MC-2.1, NC-
MC-2.3, NC-MC-3.3, NC-MC-3.5, NC-MC-3.6, NC-MC-3.8, NC-MC-3.9, NC-MC-4.2,
NC-MC-5.1, NC-MC-5.3, NC-CW-15.1, NC-MC-16.4, NC-MC-17.1, NC-NB-17.6, NC-
NB-17.7, NC-NB-17.8, NC-NB-17.9, NC-NB-19.1
Chapter 5: Haldimand County Source Protection Plan Policies
Policy Identifier Update
• All policy identifiers updated to include prefix “LP” signifying Long Point Region
Revised policies:
HC-LP-CW-1.1.2, HC-LP-CW-1.3, HC-LP-CW-1.4, HC-LP-CW-1.5, HC-LP-MC-1.7,
HC-LP-NB-1.9, HC-LP-MC-10.1
New policies:
HC-LP-MC-1.1.3, HC-LP-CW-3.14
Removed policies:
HC-CW-1.6, HC-NB-1.8, HC-CW-1.10, HC-MC-2.1, HC-MC-2.2, HC-MC-3.1, HC-NB-
3.2, HC-MC-3.5, HC-MC-3.7, HC-MC-3.9, HC-MC-3.10, HC-NB-3.11 HC-LP-NB-3.12,
HC-MC-3.13, HC-MC-4.1, HC-MC-5.1, HC-NB-6.1, HC-CW-11.1
Chapter 6: Elgin County ꟷ Municipality of Bayham Source Protection Plan
Policies
Policy Applicability Update
• Nitrate WHPA-ICA added to the sidebar to indicate additional area where policies
apply, no change made to the policy content itself
Revised policies:
EC-CW-1.1.2, EC-CW-1.2, EC-CW-1.6, EC-CW-1.9, EC-CW-1.10, EC-NB-1.16, EC-
CW-1.17, EC-MC-5.1, EC-MC-5.2, EC-CW-6.4, EC-CW-7.1.1, EC-CW-8.2, EC-CW-
17.2, EC-CW-17.3
New policies:
EC-MC-1.1.3, EC-CW-3.9, EC-CW-6.1.1, EC-CW-6.3.1, EC-CW-8.3
Removed policies:
EC-NB-1.7, EC-CW-1.12, EC-CW-1.13, EC-CW-1.18, EC-MC-2.1, EC-MC-2.2, EC-MC-
3.3, EC-MC-3.5, EC-MC-3.6, EC-MC-3.7, EC-MC-3.8, EC-MC-6.1, EC-MC-6.3, EC-
CW-16.1, EC-MC-17.4, EC-NB-18.1
LPRCA IS PROCEEDING WITH BUSINESS AS USUAL FOLLOWING GOVERNMENT OF ONTARIO’S
CONSERVATION AUTHORITY CONSOLIDATION ANNOUNCEMENT
Media Release
November 3, 2025
LONG POINT REGION WATERSHED, ON — On October 31, 2025, the Ontario Ministry of
Environment Conservation and Parks announced plans to create a provincial board-governed
agency, the Ontario Provincial Conservation Agency, to provide leadership, governance, and
strategic direction to Conservation Authorities (CAs).
We understand the Province will introduce amendments to the Conservation Authorities Act to
establish the Ontario Provincial Conservation Agency.
Further, the Province will consult on proposed boundaries for regional consolidation of
Conservation Authorities into several CA's, with impacted interest holders, municipalities, CAs,
and Indigenous communities.
This consultation will include a policy proposal notice period posted on the Environmental
Registry of Ontario for 45 days, inviting review and comments on criteria applied to determine
proposed regional boundaries and the proposed geographical jurisdiction of each regional CA.
With the current information available, LPRCA wants to reassure watershed residents that we
are taking a status quo position in that there will be no change to current operations.
LPRCA will continue to provide the quality programs and services throughout the watershed
including ongoing water quality, public safety, and watershed health work to protect people,
property and the environment.
Associated Links
https://news.ontario.ca/en/release/1006682/ontario-creating-new-conservation-authority-
agency-to-improve-service-delivery-and-protect-communities
Contacts
Jessica King
Marketing & Social Media Associate
519-842-4242 ext. 227 or jking@lprca.on.ca
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Debera McKeen, Jim Palmer, Chris Van Paassen, Rainey Weisler, Peter Ypma -1 -
LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of October 1, 2025 Approved November 5, 2025
Members in attendance: Dave Beres, Chair Town of Tillsonburg Doug Brunton, Vice-Chair Norfolk County
Shelley Ann Bentley Haldimand County Robert Chambers County of Brant Michael Columbus Norfolk County Tom Masschaele Norfolk County
Debera McKeen Haldimand County Jim Palmer Township of Norwich Chris Van Paassen Norfolk County Rainey Weisler Municipality of Bayham/Township of Malahide
Regrets: Peter Ypma Township of South-West Oxford
Staff in attendance:
Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Manager of Watershed Services Saifur Rahman, Manager of Engineering and Infrastructure Jessica King, Social Media and Marketing Associate
Nicole Sullivan, HR Coordinator/Executive Assistant
1. Welcome and Call to Order
The Chair called the meeting to order at 6:30p.m., Wednesday, October 1, 2025.
The Chair acknowledged Board member Rainey Weisler’s last Board meeting with the LPRCA Board of Directors and welcomed Mayor, Ed Ketchabaw, in the audience who is awaiting Municipality confirmation before he succeeds Rainey Weisler as the Municipality of Bayham/Township of Malahide Board member.
2. Additional Agenda Items
None.
3. Approval of the Agenda
A-106/25Moved by J. Palmer
Seconded by T. Masschaele
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Debera McKeen, Jim Palmer, Chris Van Paassen, Rainey Weisler, Peter Ypma - 2 -
THAT the LPRCA Board of Directors approves the agenda as circulated. Carried 4. Declaration of Conflicts of Interest None.
5. Minutes of the Previous Meeting a) Board of Directors Meeting September 3, 2025 A-107/25
Moved by M. Columbus Seconded by R. Weisler THAT the minutes of the LPRCA Board of Directors meeting held September 3, 2025 be adopted as circulated.
Carried 6. Business Arising There was no business arising from the previous minutes. 7. Review of Committee Minutes None 8. Correspondence
None 9. Development Applications a) Section 28 Regulations Approved Permits (L. Mauthe)
Leigh-Anne Mauthe presented the approved permits report. Shelley Ann Bentley commented on how good it was to see Application #113/25 be approved for the rebuild of the house.
Mike Columbus asked staff to clarify the safe access requirement on Application #156/25. Leigh-Anne Mauthe informed the Board that there was a large background of information on the 2017 resolution for safe access, but in sum the resolution from the Board covers Turkey Point and Long Point when it comes to permitting done by the Authority. Under this
Resolution, safe access for permitting is different than for Planning Applications. For Planning applications staff rely on Chapter five of the Provincial Policy Statement as their guideline for review.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Debera McKeen, Jim Palmer, Chris Van Paassen, Rainey Weisler, Peter Ypma - 3 -
Chris Van Paassen asked what the difference between a re-development of a home and a new development of a home was. Leigh-Anne Mauthe let the Board know that there is a difference between replacing and re-development. Replacement means the construction will be the same size as the previous development, and re-development is when a development
is greater than 50m2 from the original development and in this situation, a safe access is a requirement. Mike Columbus asked staff if the Authority has received less permit applications after the provincially significant wetlands were reduced from 120m of regulation to 30m. Leigh-Anne
Mauthe let the Board know that there has been a reduction of applications since last year. A - 108/25 Moved by D. McKeen
Seconded by S. Bentley THAT the LPRCA Board of Directors receives the staff approved Section 28 Regulation Approved Permits report dated October 1, 2025 as information. Carried 10. New Business a) General Manager’s Report (J. Maxwell) Judy Maxwell provided a report summarizing operations in September and provided a few recent updates on the continued Level 1 Low Water Advisory and the success of the events
held at Backus over the month. Tom Masschaele and Robert Chambers both praised the War of 1812 held at Backus on September 6th and 7th.
Chris Van Paassen attended the Canadian Decoy and Outdoor Collectibles trade show held at the Education Center on September 20th and was impressed with the Tom Davidson Decoy Gallery.
Dave Beres, Doug Brunton, and Jim Palmer attended the Memorial Forest Dedication ceremony and noted the great attendance and ceremony. Jim Palmer asked staff how the memorial forest donations are handled. Judy Maxwell informed the Board that the Backus Memorial Forest donations are combined together to purchase trees
for the forest for the Autumn ceremony. The donations are also used to maintain the forest throughout the year. Donations are not made to purchase specific trees for specific people, but make up a collaborative forest for all in memoriam donations made over the years. A-109/25 Moved by R. Weisler Seconded by S. Bentley THAT the LPRCA Board of Directors receives the General Manager’s Report for September
2025 as information. Carried
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Debera McKeen, Jim Palmer, Chris Van Paassen, Rainey Weisler, Peter Ypma - 4 -
b) Boardroom Upgrades (J. Maxwell)
Judy Maxwell gave the report, and made a correction on the motion which should read $28,778 surplus funds, and not $27,778. Jim Palmer asked if the lighting level in the room will change as the room is quite dim. Judy Maxwell informed the Board that Rick’s Electric did the office side of the building and at best
guess it will be similar LED lights to that. Dave Beres asked staff if electric plugs were being considered for the board desks for laptops and other electronics. Judy Maxwell informed the Board that those were not
factored in, but will ask Rick’s Electric about putting in plugs. Mike Columbus asked staff what would be done with the old board chairs. Judy Maxwell let the Board know the chairs will be repurposed to the satellite offices and park offices.
A-110/25 Moved by T. Masschaele Seconded by R. Weisler
THAT the LPRCA Board of Directors approves staff to proceed with Boardroom Renovations; AND
THAT the LPRCA Board of Directors approves the use of $28,778 surplus funds from the Administration Office Renovation project;
AND THAT the LPRCA Board of Directors approves the use of up to $21,222 of unrestricted reserves.
Carried c) Administration Review Policy for Permits (L. Mauthe)
Leigh-Anne Mauthe presented the report and draft policy. Chris Van Paassen inquired about Section 7 in the draft policy and questioned if the Authority should delegate to the General Manager to deal with these reviews or if the Board
or a committee should be created. Leigh-Anne Mauthe informed the Board that these reviews have no impact on permit outcomes or have any effect on the determination of a permit, only to deal with the process.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Debera McKeen, Jim Palmer, Chris Van Paassen, Rainey Weisler, Peter Ypma - 5 -
Judy Maxwell added that these reviews give the applicant an opportunity to have the process of the permitting reviewed by staff and these are internal processes. It was also noted that in a policy approved in April by the Board the General Manager was also named as the Administrative Review Officer.
Leigh-Anne Mauthe added that these reviews are about the administrative process, not the outcome of or issuing of a permit, to have Board members review prior could affect the bias or conflict of interest if the application goes to a hearing.
Dave Beres asked if the restrictions in Section 8 was standard across all Conservation Authorities. Leigh-Anne responded in the affirmative, that all Conservation Authorities have the same restrictions.
Judy Maxwell further noted that it is not the role of a Board or committee to comment on this. Mike Columbus asked how many cases would fall under this a year. Leigh-Anne Mauthe
made an estimate that there have been approximately five applications this year. Chris Van Paassen asked the Board to defer the motion and return it to staff for more information.
A-111/25 Moved by C. Van Paassen Seconded by T. Masschaele
THAT the LPRCA Board of Directors defer the motion to staff for further information. Carried 11. Closed Meeting None
Next meeting: November 5, 2025, Board of Directors at 6:30 p.m. Adjournment
The Chair adjourned the meeting at 7:11 p.m.
Dave Beres Judy Maxwell
Chair General Manager/Secretary-Treasurer /ns
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: November 20, 2025
REPORT: CL-07/25 SUBJECT: SOCIAL MEDIA UPDATE
BACKGROUND
At the December 19, 2024 Regular Meeting of Council, the following motion was passed:
Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report CL-12/24 re Social Media Policy be received for information; AND THAT the Draft Social Media Policy be presented for enactment at the January 16, 2025 Regular Meeting of Council; AND THAT upon Policy enactment, staff be directed to proceed with a corporate social
media presence in accordance with Municipal Policy. The Social Media policy was passed at the January 16, 2025 Regular Meeting of Council by By-law No. 2025-002 and it was noted in CL-12/24 that the launch was anticipated in Q1 2025. DISCUSSION Staff launched a Municipal Facebook page in Q1 2025. Unfortunately, however, staff encountered several administrative roadblocks. These roadblocks have resulted in the page being live but not active and require further discussion from Council for next steps. Most municipalities have a corporate social media presence, which often includes a Facebook page. In the past, the process has been successful one of two ways: 1) staff establish a “fake” account, known as a placeholder account, on which to establish and administer the Facebook page. This is often done using a corporate general email address, or the corporate email of a staff member tasked with social media, or, 2) staff establish and administer the page under their
own personal Facebook page. Under either scenario, after establishment, there is the option to share administration privileges with numerous members of a communications team to ensure
that someone is always available to administer the account in the case of absences. Over the last few years, Meta (Facebook’s parent company) has updated its disinformation
policies and processes in an attempt to ensure that information posted on Facebook was more reliable and not spread by bot or fake accounts. This included changes to their account screening procedures, particularly for new accounts, which relies to a greater degree on artificial intelligence (AI) to determine whether a new account is a real person or a placeholder account. These changes have effectively stripped Bayham of the ability to establish and administer a corporate Facebook page from a placeholder account. Staff made numerous attempts to do so in Q1 2025 with no appreciable success due to the ability of Meta’s AI to tie creation attempts to corporate emails and/or IP addresses and suspend any further creation progress. The current Facebook page is tied to the personal account of a staff member. This invites other concerns. Operating a corporate account from a personal account obscures the lines of
personal versus corporate entities and opens concerns of privacy and security, and lack of clarity on liability and responsibility. Staff would be required to use their personal account on corporate devices. Personal accounts are not subject to the same security criteria as are
required for corporate processes, which invites the potential for cyber interference. Bayham has a Disconnecting From Work Policy, established in 2022 by By-law No. 2022-044. The Policy is in accordance with the legislative requirements of Bill 271. Having a corporate account on a
personal page blurs the boundaries of work versus personal life, particularly where the ability to disconnect is potentially undermined by having a work function tied to a personal account and viewable/accessible through same off-hours. There is also no requirement to have a personal
Facebook page to be an employee of Bayham. In fact, a number of people generally do not have Facebook or a social media presence. Finally, given how small the Bayham staff complement is, it is likely that only one or two people would have access to the corporate page. In the case of a sudden departure from the Municipality, there is the possibility Bayham loses access to its own page if it is administered by only one person and in the manner that Meta requires – through an account managed by a legitimate person. Despite these challenges, staff have left the corporate page live to continue problem solving for a way to make this work as many other organizations and individuals have been successful with this. However, this will likely require a degree of personal Facebook use. Staff have engaged our IT provider for further insight, and it has been communicated to us that Bayham will require
any corporate account to be tied to a personal account in accordance with Meta’s policies and screening processes.
The Social Media Policy that Council passed in January 2025 notes that the Facebook page was to be “post only”. If the page was successfully able to be launched and administered, it would be general posts without the ability to comment that refer back to the website. We
currently utilize the notification system Voyent Alert! that is already doing this function and is a reliable platform that offers technical support. Staff want to improve communications and have been working at updating the website news module and calendar as much as possible. Both the news module and Voyent Alert! have subscription capabilities for those who want to be notified when something new is posted. Residents who utilize their mobile device to view the news and Voyent Alert! posts also have the ability to share to their own Facebook profiles and pages to spread the word if they wish.
1 This Report came to Council on June 2, 2022 (Report CAO-26/22).
Staff are looking for Council’s direction regarding whether more staff time should be put into investigating a successful launch of a corporate Facebook Profile and Page or if staff time
should be focused on increasing communications through our Website and Voyent Alert! or another means entirely. STRATEGIC PLAN 3.1: Quality of Governance > To undertake strategies and technology and knowledge capital investments that continuously improve a service-oriented governance approach in Bayham. Initiative(s): Continue to address and evaluate technology and communication opportunities RECOMMENDATION THAT Report CL-07/25 re Social Media Update be received for information;
AND THAT Council provide direction regarding a corporate social media presence.
Respectfully Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC
Clerk Chief Administrative Officer
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: November 20, 2025
REPORT: CAO-45/25 SUBJECT: INDEMNIFICATION BY-LAW
BACKGROUND
The purpose of this Report is to bring forward an indemnification by-law that sets out the eligibility criteria, exceptions, protocols and extent of indemnification of Municipal employees, Members of Council, Members of Local Boards, and Municipal volunteers. The discussion arose between the Chief Administrative Officer and Elgin County legal services
in regards to ongoing and potential future legal matters and the benefits of providing clarity to indemnity with respect to the Municipality’s obligations and coverages through the Municipality’s insurer. DISCUSSION
The proposed indemnification by-law ensures that Members of Council, staff and volunteers are protected by the Municipality in legal proceedings that are commenced against them by third-party entities, arising out of the good faith and honest performance of their employment duties. It also serves to protect the Municipality by clarifying the extent of indemnification and the criteria upon which it occurs. Indemnification by-laws are common among municipal corporations. The nature of the performance of certain municipal duties creates scenarios wherein a person could be named personally in a legal proceeding. Generally, an employer is vicariously liable for damages caused by its employees even where it arises out of the employee’s negligence, subject to certain exclusions that are determined at law. Municipal officials are also protected in their
personal capacity by way of the immunity provisions at section 448(1), subject to the clarifying provision at section 448(2), which generally set out that a municipality itself is liable for the actions of its members of council, officers and employees rather than the liability flowing to the members of council, officers or employees themselves. However, the common law principle of vicarious liability and above-referenced statutory
provisions do not account for all potential legal proceedings and even where they account for a
legal proceeding, out-of-pocket expenses could occur if an individual is subject to such a proceeding. Further, the above-captured principles also do not set criteria or limits to the extent
of indemnification other than those that exist in the common law. An indemnification by-law serves to create a number of corporate protections related to legal proceedings that may be commenced against Municipality employees or members of Council while also serving to clarify
the extent and scope of the indemnification that the Municipality provides to its employees and members of Council for the performance of their duties. Without an indemnification by-law, there is a lack of clarity for Members of Council and staff on what, if anything, is the responsibility of the Municipality, as an employer, for claims made against an individual versus the responsibility of that individual. An absence of an indemnity by-law can lead to confusion and case-by-case requests to Council for indemnification when legal proceedings arise. Those decisions are then made under time limitations where a legal proceeding has already been commenced. A lack of clarity can also lead to situations of litigation between those who would otherwise be indemnified under the by-law and the Municipality as an employer.
The central benefits of a comprehensive indemnification by-law include that the by-law:
• Sets out the default position that Members of Council, staff and volunteers are indemnified, subject to the eligibility criteria and exclusions;
• Sets out clear criteria for eligibility for indemnification;
• Sets out clear protocols for processing legal proceedings where an indemnity is triggered;
• Sets out the limitation and extent of indemnification;
• Ensures Members of Council, staff, and volunteers are protected for the good faith, honest performance of their duties;
• Protects the Municipality by permitting it to select legal counsel, be provided with information on the proceeding, requiring cooperation by the indemnified individual and
giving the Municipality some flexibility in indemnification over the steps of a proceeding, including appeals.
• Protects the Municipality by clearly defining exclusions and exceptions to the default position of indemnification. Default Indemnification The by-law before Council contains a default position that Members of Council, staff, and volunteers of the Municipality are indemnified related to a defined type of legal proceeding provided that the individual was acting in the good faith, honest performance of their duties. Indemnification means that the Municipality will pay the expenses associated with the legal proceeding. This includes the cost of legal counsel, damages, or settlement amounts. There are a number of exclusions to the type of legal proceedings that are indemnified. Some of those exclusions arise out of statutory limitations. For instance, there are exclusions for Municipal Conflict of Interest Act proceedings. There are also exclusions for types of causes of
action such as where the individual is in litigation with the Municipality itself. There is no indemnification for acts arising out of criminality, acts that led to personal advantage
or personal profit and acts of defamation, among others.
Interaction with Municipal Insurance
The indemnification by-law is meant to be read in conjunction with and supplement the Municipality’s liability insurance. In broad terms, the Municipality’s liability insurance covers its Members of Council, staff, and volunteers. The by-law supplements the insurance portfolio to
capture potential costs such as uninsurable proceedings, amounts below the deductible limit, or other costs not reimbursed by the insurer. It does not replace any reimbursement or legal defence normally provided for by the insurer. It also limits the extent of indemnity to account for any recoveries by an Eligible Person from any other source (e.g., if there is some other responsive insurance that is not the Municipality’s insurer). Eligibility Criteria The indemnification covers Members of Council, employees, volunteers and former Members of Council, employees and volunteers for incidents that occurred at a time when they were with the Municipality. In order to be eligible for indemnity, the claim has to arise out of the good faith and
honest performance of the duties of the individual acting on behalf of the Municipality. Exercise of Municipal Control
The proposed by-law contains provisions that permit the Municipality to select the legal counsel, be advised of steps in the proceeding and to deny indemnity for steps taken in a proceeding that
meet certain criteria. Similarly, there are controls on the extent of indemnification if there are appeals of the legal proceeding. The Municipality retains the right to approve any legal settlement unless it is one that is approved by the insurer by way of an insurance contract. The by-law also requires eligible individuals to cooperate with the Municipality during the proceeding. Where there are discretionary questions about: whether a person is eligible for indemnification, or the extent of the steps necessary in a legal proceeding, there are mechanisms for dealing with those situations delegated to the Chief Administrative Officer.
Where the claim is covered by the Municipality’s insurance, such claims will proceed in the ‘normal course’ where the claim is given to the insurer, who typically appoints an adjuster and legal counsel who then takes instructions from the insurer and the Municipality. Nothing in this
by-law changes the normal pattern of insurable claims handling. Interaction with Shared Services
Section 11 provides for the ability to enter into reciprocal indemnity provisions with other municipalities to which shared servicing applies. These include Elgin County for such functions as legal services, human resources, GIS, and planning; and, the Township of Malahide for building services. Claims arising via shared services may involve staff from another municipality that provide services to Bayham. Access to important information may be restricted or otherwise cumbersome to obtain from the other municipality due to privacy and records management requirements, particularly where confidential records and communications may have taken place. A reciprocal indemnity may allow staff from another municipality to be treated as would Bayham staff, thereby removing some of these restrictions. The ability to establish clear reciprocal indemnity requirements and permissions may ultimately make any legal proceeding
more smooth and, overall, less costly to Bayham. This is an aspect of the proposed by-law that
will be further considered by staff and legal services in the coming months.
A draft Indemnification By-law has been prepared by Elgin County legal services and is attached to this Report as By-law No. 2025-067.
Staff recommend adopting the Indemnification By-law as presented. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. By-law No. 2025-067 RECOMMENDATION
1. THAT Report CAO-45/25 re Indemnification By-law be received for information;
2. AND THAT the Indemnification By-law, being By-law No. 2025-067, be brought forward for Council’s consideration.
Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-067
A BY-LAW TO PROVIDE FOR THE INDEMNITY AND DEFENCE OF MEMBERS OF
COUNCIL, MEMBERS OF LOCAL BOARDS, AND EMPLOYEES OF THE
MUNCIPALITY OF BAYHAM AGAINST LOSS OR LIABILITY INCURRED WHILE
ACTING ON BEHALF OF THE MUNCIPALITY
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to govern; AND WHEREAS Section 223.3 of the Municipal Act, 2001 provides that a municipality shall indemnify the Integrity Commissioner or any person acting under the instructions of that officer for costs reasonably incurred by either of them in connection with the
defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a duty or authority under this Part or a by-law passed under it or an alleged neglect or default in the performance in good faith of the duty or authority; AND WHEREAS s. 279(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, states that despite the Insurance Act, a municipality may be or act as an insurer and may exchange with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act with respect to the following matters:
1. Protection against risks that may involve pecuniary loss or liability on the part of the municipality or any local board of the municipality. 2. The protection of its employees or former employees or those of any local board of the municipality against risks that may involve pecuniary loss or liability on the part of those employees.
3. Subject to section 14 of the Municipal Conflict of Interest Act, the protection of the members or former members of the council or of any local board of the municipality or any class of those members against risks that may involve pecuniary loss or liability on the part of the members. 4. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any
damages or costs awarded against any of its employees, members, former employees or former members or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done or made by them in their capacity as employees or members, including while acting in the performance of any statutory duty.
5. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any sum required in connection with the settlement of an action or other proceeding referred to in paragraph 4 and for assuming the cost of defending the employees or members in the action or proceeding;
AND WHEREAS Section 283(1) of the Municipal Act, 2001, as amended, provides that municipalities may pay any part of the remuneration and expenses of the members of
any local board of the municipality and the officers and employees of the local board;
AND WHEREAS Section 283(2) of the Municipal Act, 2001 as amended, provides that a municipality may only pay the expenses of members of council, local boards, employees, and officers if the expenses are of those persons in their capacity as
members, officers or employees, among other considerations;
AND WHEREAS s. 448(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, states that no proceeding for damages or otherwise shall be commenced against a member of council or an officer, employee or agent of a municipality or a person acting
under the instructions of the officer, employee or agent for any act done in good faith in
the performance or intended performance of a duty or authority under this Act or a by-law passed under it or for any alleged neglect or default in the performance in good faith of the duty or authority;
AND WHEREAS s. 448(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
states that s. 448(1) does not relieve a municipality of liability to which it would otherwise be subject in respect of a tort committed by a member of council or an officer, employee or agent of the municipality or a person acting under the instructions of the officer, employee or agent;
AND WHEREAS Section 8 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M. 50, as amended, allows an elector, an Integrity Commissioner of a municipality or a person demonstrably acting in the public interest to apply to a judge for a determination of the question of whether a member, or former member, has contravened section 5,
5.1, 5.2, or 5.3 of the Municipal Conflict of Interest Act;
AND WHEREAS s. 14 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended, states that despite section 279 of the Municipal Act, 2001, the council of every municipality may at any time pass by-laws, despite the Insurance Act, to enable
the municipality to act as an insurer to protect a member of the council or of any local
board thereof who has been found not to have contravened section 5, 5.1, 5.2, or 5.3 against any costs or expenses incurred by the member as a result of a proceeding brought under the Municipal Conflict of Interest Act, and for paying on behalf of or reimbursing the member for any such costs or expenses;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham finds that it is in the public interest to ensure that Eligible Persons acting in good faith to perform their duties are indemnified against the costs of Legal Proceedings;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. SHORT TITLE 1.1 This by-law may be cited as the “Indemnification By-law” for the Corporation of
the Municipality of Bayham.
2. DEFINITIONS In this by-law:
2.1 “Board” means a local board of the Municipality, as defined in the Act.
2.2 “Chief Administrative Officer” means the Chief Administrative Officer of the Municipality, the delegate thereof, or any person to whom the powers thereof are delegated by Council for the purposes of this by-law. 2.3 “Code Complaint” means a formal or informal complaint made to the Integrity
Commissioner pursuant to the Municipality’s Code of Conduct and includes an
inquiry under section 223.4 or 223.4.1 of the Municipal Act, 2001. 2.4 “Council” means the Council of the Municipality. 2.5 “Municipality” means the Corporation of the Municipality of Bayham. 2.6 “Eligible Person” means any of the following persons of the Municipality:
2.6.1 a current or former member of Council;
2.6.2 a current or former member of a local board; 2.6.3 the current or former Integrity Commissioner, including any person acting under the instructions of the Integrity Commissioner; and 2.6.4 current or former employees.
2.7 “Employee” means any salaried officer or any other person in the employ of the
Municipality or of a Board, and includes persons that provide their services on behalf of the Municipality without remuneration, exclusive of the reimbursement of expenses or honoraria, provided that such persons are appointees of the Municipality or volunteers acting under the direction of a person in the employ of
the Municipality.
2.8 “Former Employee” means a person who was formerly an employee of the Municipality or a Board. 2.9 “Former Member” means a person who was formerly a Member. 2.10 “Legal Proceeding”
2.10.1 means:
2.10.1.1 a civil proceeding or administrative action, including but not limited to an action, application, motion, hearing, trial; 2.10.1.2 a proceeding wherein a person is charged with an offence under the Criminal Code, R.S.C. 1985, c. C. 46 or the
Highway Traffic Act, R.S.O. 1990, s. H.8; or
2.10.1.3 a proceeding brought under section 8 of the Municipal Conflict
of Interest Act, R.S.O.1990, c. M. 50, as amended (the “MCIA”); or 2.10.1.4 a Code Complaint; or
2.10.1.5 a complaint to a professional association;
2.10.2 But excludes: 2.10.2.1 any proceeding commenced by the Municipality;
2.10.2.2 any proceeding in which the Municipality is a party adverse in interest, including municipal parking and traffic by-laws. For greater certainty, this section does not prevent indemnification
of Members of Council and Local Boards in the context of a
proceeding brought under the MCIA, subject to the restrictions at s. 14 of the MCIA; or 2.10.2.3 any proceeding under the Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched., as amended.
2.11 “Member” means a person who is a member of the Council or of a Board.
3. EXCLUSIONS 3.1 This by-law does not apply to:
3.1.1 any proceeding in which the Municipality is an adverse party to the
otherwise Eligible Person; 3.1.2 any proceeding in which the interests of the otherwise Eligible Person are adverse to the Municipality’s interests; 3.1.3 any Legal Proceeding that relates to a grievance filed under the provisions
of a collective agreement or to disciplinary action taken by the Municipality
as an employer; 3.1.4 any Legal Proceeding arising from a Code of Conduct enacted pursuant to section 223.2 of the Municipal Act, 2001; 3.1.5 any Legal Proceeding resulting from any dishonest, bad faith, fraudulent
or criminal act committed by an individual, including an otherwise Eligible
Person, including abuse of public office. For clarity, this exclusion does not apply to an Eligible Person who did not participate in such act and who did not have personal or constructive knowledge thereof; 3.1.6 any Legal Proceeding resulting from an individual, including an otherwise
Eligible Person, gaining a personal profit or advantage to which he or she
was not legally entitled, or the return by the Eligible Person of any money paid to him or her, if payment of such money is held to be in violation of law; 3.1.7 any Legal Proceeding relating to conduct which falls outside the scope of
the Eligible Person’s duty or authority, unless the Eligible Person was
acting in good faith and held an honest and reasonable belief that the conduct was within his or her duty or authority and was in the best interest of the Municipality; 3.1.8 any Legal Proceeding involving sexual misconduct, harassment, or
bullying. For clarity, this exclusion does not apply to an Eligible Person
who did not participate in such act and who did not have personal or constructive knowledge thereof, nor to an Eligible Person who is the victim of such act; 3.1.9 any Legal Proceeding that relates to defamation. For clarity, this exclusion
does not apply to an Eligible Person who is the victim of the defamation;
3.1.10 any Legal Proceeding that relates to section 5, 5.1, 5.2 or 5.3 of the MCIA, except where the Eligible Person has been found not to have contravened sections 5, 5.1, 5.2 and 5.3 of the MCIA.; and,
3.1.11 any expenses incurred by a Member in obtaining personal legal advice to
determine whether the Member has a pecuniary interest in a matter which is the subject of a determination or consideration by Council or a Board as defined herein;
4. INDEMNIFICATION
Subject to the exclusions, exceptions, and other terms set out in this by-law, the Municipality shall indemnify an Eligible Person in the manner and to the extent provided by this by-law in respect of any legal proceeding, including appeals, initiated by a third party for:
4.1 Acts, errors or omissions arising out of the scope of the Eligible Person’s
authority or duty or within the course of an Individual’s employment or office if: 4.1.1 the Eligible Person was acting within the individual’s scope of authority or duty; 4.1.2 the Eligible Person acted honestly and in good faith; and
4.1.3 in the case of administrative action or proceeding that is enforced by a
monetary penalty, the Eligible Person had reasonable grounds for believing that his or her conduct was lawful; 4.2 acts or omissions relating to the conduct which falls outside of the Eligible Person’s duty or authority, provided that:
4.2.1 the Eligible Person was acting in good faith and held an honest and
reasonable belief that the conduct was within his or her duty or authority and was in the best interest of the Municipality; and 4.2.2 in the case of administrative action or proceeding enforced by a monetary penalty, the Eligible Person had reasonable grounds for
believing that his or her conduct was lawful.
4.3 In the event that any determination is required as to whether an Eligible Person meets the requirements of this by-law, the Chief Administrative Officer shall procure a legal opinion in that regard, which shall include advice on any terms and conditions that should apply to the indemnification of an Eligible Person. If,
in the Chief Administrative Officer’s opinion, it would be impractical, inefficient,
or uneconomical to procure such an opinion, then the question may be brought to Council for determination under s. 7.4 of this by-law. 5. MANNER AND EXTENT OF INDEMNIFICATION
5.1 Subject to Section 5.2, the Municipality shall indemnify an Eligible Person who
meets the requirements of Section 4 of this by-law by: 5.1.1 assuming the reasonable cost of defending such Eligible Person in a Legal Proceeding; 5.1.2 paying any damages or costs, including a monetary penalty, awarded
against such Eligible Person as a result of a Legal Proceeding;
5.1.3 paying, either by direct payment or by reimbursement, any expenses reasonably incurred by such Eligible Person as a result of a Legal Proceeding; and
5.1.4 paying any sum required in connection with the settlement of a Legal
Proceeding; 5.2 Notwithstanding any other provision in this by-law, the Municipality will only indemnify an Eligible Person to the extent that costs, damages, expenses, or sums are not assumed, paid, or reimbursed under any provision of the
Municipality’s Insurance program or any other insurance program for the benefit
and protection of such Individual against liability. The provisions of this by-law are intended to supplement the protection provided by such policies of insurance; accordingly, in the event of conflict between this by-law and the terms of such a policy of insurance, the terms of the policy of insurance shall
prevail.
5.3 Except where an applicable policy of insurance requires otherwise, Council shall have the right to approve or reject the settlement of any indemnified Legal Proceeding.
6. PROVISION OF LEGAL COUNSEL
6.1 The Municipality shall have the right to select and retain the lawyer to represent an Eligible Person, having regard to whether the lawyer has the expertise and can provide the commitment of time and resources required, and the Chief Administrative Officer shall:
6.1.1 advise such Eligible Person of the lawyer selected to represent them;
and 6.1.2 advise Council of the final disposition of the matter. 6.2 Subject to the provisions of this Section, an Eligible Person may request approval to be represented by the lawyer of the person’s choice by writing to the
Chief Administrative Officer. The Chief Administrative Officer shall, within ten
(10) days of receipt of the request, either approve or deny the request and advise the person in writing of such decision. 6.3 The Municipality shall be provided with copies of the lawyer’s statements of account on a monthly basis. Statements of account shall outline all fees and
disbursements and shall be provided with information relating to these accounts,
as may be requested from time to time, in order to determine reasonableness of the account before any payment is made. 6.4 The Municipality may, through a decision of Council, require that an account for reimbursement be assessed by a Court Assessment Officer, where applicable.
6.5 Notwithstanding any other provision of this by-law to the contrary, any lawyer
retained by the Municipality’s insurers from time to time to defend the Municipality in any Legal Proceeding shall represent an Eligible Person with respect to that Proceeding unless the Municipality instructs otherwise.
7. RIGHTS OF THE MUNICIPALITY
7.1 Decision-making authority under this by-law, including the authority to execute
necessary documents on behalf of the Municipality in order to give effect to this
by-law, is designated to the Chief Administrative Officer, except where
otherwise specified. When exercising delegated authority, the Chief
Administrative Officer shall have regard to the potential costs to the Municipality
of a decision and shall seek Council’s approval for decisions with financial
implications in excess of the Approval Authority of the Chief Administrative
Officer under the Municipality’s by-law defining the procurement policies and
procedures, as amended from time to time.
7.2 Nothing in this by-law shall prevent the Chief Administrative Officer from
bringing a report to Council to seek direction on any matter related to
indemnification under this by-law.
7.3 The Municipality may refuse to indemnify an Eligible Person or his or her lawyer for steps taken in a Legal Proceeding that are, in the sole discretion of the Municipality, deemed unnecessary, inadvisable, or otherwise prejudicial to the
conduct of the Legal Proceeding. 7.3.1 For clarity, “steps taken in a Legal Proceeding” in this section includes, but is not limited to, counterclaims, crossclaims, third party claims, settlement offers, demand letters, motions, applications, and alternative dispute resolution.
7.3.2 An Eligible Person or his or her lawyer may seek the approval of the Municipality prior to taking discretionary steps in a Legal Proceeding by making a request in writing to the Chief Administrative Officer. Such request must: 7.3.2.1 be provided with reasonable notice;
7.3.2.2 state the potential benefit of said step; and 7.3.2.3 estimate the cost to the Municipality of said step. Upon receipt of such a request, the Chief Administrative Officer shall either: 7.3.2.4 approve or deny the request; or
7.3.2.5 determine a decision-making process that must be followed to approve or deny the request, which may include presenting the issue to Council or seeking a further legal opinion. The Chief Administrative Officer shall convey their decision to the
Eligible Person or their lawyer in writing within ten (10) days of the receipt of the request, having regard to any urgency associated with the request. The Chief Administrative Officer shall, in the event that further steps must be taken: 7.3.2.6 communicate the decision-making process to be followed;
7.3.2.7 list the reasonable steps that the Municipality will take to ensure that the rights of the Eligible Person are not prejudiced by the decision-making process, and 7.3.2.8 provide a timeline for the final determination of the request. 7.4 Notwithstanding any other provision of this By-Law, Council may, at any time:
7.4.1 determine that a person is ineligible for indemnification under this by-law; or 7.4.2 set a cap on the indemnification to be provided under this by-law.
8. APPLICATION FOR INDEMNIFICATION AND DUTY TO CO-OPERATE 8.1 Where an Eligible Person is served with any process issued out of or authorized
by any court, administrative tribunal or other administrative, investigative or
quasi-judicial body, other than a subpoena, in connection with any Legal Proceeding the person shall forthwith deliver the process or a copy thereof to the Chief Administrative Officer. 8.2 An Eligible Person involved in any Legal Proceeding shall co-operate fully with
the Municipality, the Chief Administrative Officer and any lawyer retained by the
Municipality to defend such Legal Proceeding, shall make available to the Chief Administrative Officer or such lawyer all information and documentation relevant to the matter as are within his or her knowledge, possession or control, and shall attend at all proceedings when requested to do so by the Chief
Administrative Officer or such lawyer.
8.3 Notwithstanding any other provision of this by-law to the contrary, if a person fails or refuses to comply with the provisions of this by-law, the Municipality shall not be liable to assume or pay any of the costs, damages, expenses or sums arising from the Legal Proceeding and shall not be subject to the obligations of
this by-law. 9. REIMBURSEMENT 9.1 Where an Eligible Person is indemnified pursuant to the provisions of this by-law, the amount of the indemnity shall be reduced by the amount of any costs
recovered by the Eligible Person and, where the indemnity has been paid, any
costs recovered by the Eligible Person shall be paid or assigned to the Municipality up to the amount of the indemnity. 10. APPEALS
10.1 Where an Eligible Person seeks to appeal a judgment in a Legal Proceeding
and wishes the Municipality to indemnify the costs of that appeal, the Municipality shall have the sole discretion to determine whether that appeal should be pursued and to what extent the costs of the appeal will be indemnified.
10.2 If an Individual pursues an appeal without representation by the Municipality
and is successful in that appeal: 10.2.1 the Municipality shall have the sole discretion to determine whether the Individual shall be retroactively indemnified for his or her legal fees; 10.2.2 the Municipality shall have the right to recoup legal fees paid in any costs
awards for indemnified Legal Proceedings that were appealed; and
10.2.3 the Municipality shall have the right to recoup any costs awards for legal fees in indemnified proceedings awarded by the body hearing the appeal. 11. EXCEPTION: DUTY TO THIRD PARTY UNDER SHARED SERVICES
AGREEMENT
11.1 In the event that a proceeding arises against an Eligible Person and a term, condition, or limitation of this by-law, including conditions expressed at Sections
6.5 and 8 herein, would violate the confidentiality conditions of a shared services agreement, any professional obligation of the Eligible Person imposed by a regulatory body, or any other similar, legally binding obligation of
confidentiality, then the term, condition, or limitation that would constitute or impose a violation is of no force and effect and: 11.1.1 The Chief Administrative Officer of the Municipality or their delegate shall, in consultation with the Eligible Person, the third party, and, as applicable, the legal counsel for the Municipality, the Eligible Person,
and/or the third party, propose alternate terms, conditions, or limitations that conform with the stated intent of this by-law as well as the intent(s) of the void terms, conditions, or limitations; and 11.1.1.1 Said alternate terms, conditions, or limitations shall be presented to Council for approval prior to any disbursement of
an indemnification. 11.2 The Municipality may, pursuant to s. 279 of the Municipal Act, exchange with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance. In the event that such a reciprocal contract contains provisions that indemnify an Eligible Person under this by-law, the terms of that reciprocal
contract supersede those of this by-law to the extent that a conflict exists. 12. SEVERABILITY 12.1 If any sections, section or part of a section of this by-law are found by any Court to be illegal or beyond the power of Council to enact, such sections or section or
part of a section shall be deemed to be severable and all other sections or parts of sections of this by-law shall be deemed to separate and independent and shall continue in full force and effect.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY
OF NOVEMBER, 2025.
___________________________ _____________________________
MAYOR CLERK
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: November 20, 2025
REPORT: CAO-46/25 SUBJECT: GROUP BENEFITS CONSULTANT
BACKGROUND
Bayham is part of a benefits consortium with Elgin County and its other lower-tier municipalities. The consortium model is used to increase buying power and decrease overall premiums paid by the Municipality to provide a suite of benefits to its staff including prescription, health, dental, vision, and various paramedical services. Historically, the consortium has had the same group benefits consultant, Mosey&Mosey, and the same plan provider through Manulife.
The benefits plan was last put to market in April 2020. Manulife continues to carry the plan. On August 12, 2025, Elgin County Committee of the Whole received a report from the Director of People & Culture and the Manager of Procurement & Risk regarding the results of a Request for Proposal (RFP) for a group benefits consultant. The RFP identified that Elgin County was
seeking a vendor to provide group benefits consultant services to the entire Elgin consortium. Based on the results of the RFP, it was recommended to County Council that the RFP be awarded to People Corporation (PeopleCorp) on a five-year term with the option for five additional one-year extensions. Since that time, the CAOs and benefits administrators from the seven Elgin lower-tier municipalities have had ongoing discussions with the County about the transition. The option does exist to reject the RFP results and stay with the current provider. DISCUSSION
This Report presents a pair of options for Council: 1) Transition to PeopleCorp; or, 2) remain with Mosey&Mosey. The implications are discussed with input from the Treasurer, who acts as the Municipality’s benefits administrator.
PeopleCorp
Both PeopleCorp and Mosey&Mosey submitted to the RFP, and PeopleCorp outperformed based on the County’s review.
PeopleCorp advises that staying with the County preserves the premium amount paid by Bayham due to the County’s benefits purchasing power. Historically, the County has accounted for at least 50 percent of the consortium due to its organizational size. Both PeopleCorp and the County’s Director of People & Culture have advised that, if the lower tiers remain with Mosey&Mosey, premiums are likely to increase, and if fewer stay, the increase could be more significant. It is worth noting that it is difficult for PeopleCorp to evaluate Bayham’s actual premiums because PeopleCorp are not our assigned consultant and therefore, do not have access to our data. During a recent Elgin-group meeting with PeopleCorp, they confirmed they are unable to do so. This could mean that premiums may actually change for the majority of 2026 as the
current plan premiums adjust in April of each calendar year. For PeopleCorp to provide an accurate premium quotation, Bayham would have to transition to them for data access from Manulife. This puts an unknown factor into operations budgeting for 2026.
Transitioning to PeopleCorp allows the consortium to remain an area-wide partnership, which has a 20-year history of collaboration, and allows Bayham to further leverage County-based
benefits expertise and benefits buying power when the consortium proceeds back to market for a plan provider, currently anticipated for 2026. There are both tangible and intangible benefits associated with the transition. At this time, staff are aware of the following preferences from Elgin municipalities. Some have passed resolutions and some are awaiting consideration at an upcoming Council meeting. The ultimate decisions rest with the respective councils and may change. Municipality Preference Aylmer Mosey&Mosey
Bayham Mosey&Mosey
Central Elgin unknown
Dutton Dunwich unknown
Elgin County PeopleCorp
Malahide Mosey&Mosey Southwold PeopleCorp West Elgin PeopleCorp
Mosey&Mosey
Mosey&Mosey has been the consortium’s, and therefore Bayham’s, benefits consultant of record for many years. The Treasurer advises of a good working relationship with primary contacts at Mosey&Mosey.
After the RFP award, Mosey&Mosey engaged the Elgin lower-tier municipalities regarding the possibility of continuing as the benefits consultant. They have advised that they can guarantee immediate premiums stay the same one of two ways: either a) all lower-tier municipalities remain with them as a smaller consortium, or, b) the remaining lower-tier municipalities are
placed into another large consortium (the AMO/LAS Municipal group, which currently contains over 130 municipalities) to increase buying power and maintain current premium levels.
Mosey&Mosey have indicated the remaining buying power the Elgin lower tiers is sufficient for maintained premium rates. The obvious drawback to being in a larger consortium is less input and influence over the nature of a benefits plan going forward, which includes desired
amendments, additions, or deletions. Mosey&Mosey have also advised that future premiums for the lower-tiers will improve by virtue of the County leaving the consortium due to reductions in long-term disability claims, which can carry inflated premiums. Bayham’s projected premium increase is 2.7 percent, effective April 1, 2026. This increase is consistent with Aylmer. There are a couple of lower tiers experiencing premium decreases on this basis as well. Recommendation
As noted in the Report, there are benefits and drawbacks to both scenarios. Currently, three of the eight municipalities, including Elgin County, are looking to transition, which means the
majority of the consortium’s buying power will be moving over and any municipalities that do not may be packaged into a much larger LAS-based benefits group.
Transitioning to PeopleCorp maintains the consortium and an ongoing relationship with the County regarding benefits coordination, consultancy, and procurement for a consultant/plan in the future. There is also the chance that our overall premiums are more competitive, but this is an unknown because PeopleCorp does not have our data for a premium estimate for the upcoming fiscal year. Remaining with Mosey&Mosey ensures continuity of service with a known provider. Unlike some other Elgin-area municipalities, Bayham reports a good level of service from Mosey&Mosey, despite PeopleCorp being scored higher on the County’s RFP evaluation. The downside is mostly associated with unknowns regarding the consortium we will shift into, and our degree of influence on plan changes should the plan go to market. Mosey&Mosey is able,
however, to maintain our current premium rates and provide a contained increase for 2026. This is something that PeopleCorp cannot do for us at this time. Having this information before the operating budget is published in December is very helpful where tax levy impacts are
concerned. Staff recommend remaining with Mosey&Mosey as our benefits consultant for the following
reasons:
• Have confirmed no immediate premium impact
• Have provided a quote for a contained premium increase in 2026
• Decreased Long-Term Disability premiums in 2026 due to County leaving
• Have offered to go to market and obtain a proposal from AMO/LAS to determine if better premiums can be sought
• Have communicated a mitigation strategy for year-over-year premium increases
• PeopleCorp was not able to provide a clear proposal with Bayham-related premium impacts for the April 2026 renewal.
Bayham staff will be working with Mosey&Mosey proactively on ways to contain premium increases and provide added value to the Municipality, including additional data and analytical
tools, and seeking proactive plan design updates to reflect workforce demographics and needs. STRATEGIC PLAN
3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable. RECOMMENDATION 1. THAT Report CAO-46/25 re Group Benefits Consultant be received for information; 2. AND THAT Council continues with Mosey&Mosey as Bayham’s group benefits provider
for the Municipality’s benefits plan. Respectfully Submitted by: Thomas Thayer, CMO, AOMC
Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-067
A BY-LAW TO PROVIDE FOR THE INDEMNITY AND DEFENCE OF MEMBERS OF
COUNCIL, MEMBERS OF LOCAL BOARDS, AND EMPLOYEES OF THE
MUNCIPALITY OF BAYHAM AGAINST LOSS OR LIABILITY INCURRED WHILE
ACTING ON BEHALF OF THE MUNCIPALITY
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to govern; AND WHEREAS Section 223.3 of the Municipal Act, 2001 provides that a municipality shall indemnify the Integrity Commissioner or any person acting under the instructions of that officer for costs reasonably incurred by either of them in connection with the
defence of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a duty or authority under this Part or a by-law passed under it or an alleged neglect or default in the performance in good faith of the duty or authority; AND WHEREAS s. 279(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, states that despite the Insurance Act, a municipality may be or act as an insurer and may exchange with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance in accordance with Part XIII of the Insurance Act with respect to the following matters:
1. Protection against risks that may involve pecuniary loss or liability on the part of the municipality or any local board of the municipality. 2. The protection of its employees or former employees or those of any local board of the municipality against risks that may involve pecuniary loss or liability on the part of those employees.
3. Subject to section 14 of the Municipal Conflict of Interest Act, the protection of the members or former members of the council or of any local board of the municipality or any class of those members against risks that may involve pecuniary loss or liability on the part of the members. 4. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any
damages or costs awarded against any of its employees, members, former employees or former members or expenses incurred by them as a result of any action or other proceeding arising out of acts or omissions done or made by them in their capacity as employees or members, including while acting in the performance of any statutory duty.
5. Subject to section 14 of the Municipal Conflict of Interest Act, the payment of any sum required in connection with the settlement of an action or other proceeding referred to in paragraph 4 and for assuming the cost of defending the employees or members in the action or proceeding;
AND WHEREAS Section 283(1) of the Municipal Act, 2001, as amended, provides that municipalities may pay any part of the remuneration and expenses of the members of
any local board of the municipality and the officers and employees of the local board;
AND WHEREAS Section 283(2) of the Municipal Act, 2001 as amended, provides that a municipality may only pay the expenses of members of council, local boards, employees, and officers if the expenses are of those persons in their capacity as
members, officers or employees, among other considerations;
AND WHEREAS s. 448(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, states that no proceeding for damages or otherwise shall be commenced against a member of council or an officer, employee or agent of a municipality or a person acting
under the instructions of the officer, employee or agent for any act done in good faith in
the performance or intended performance of a duty or authority under this Act or a by-law passed under it or for any alleged neglect or default in the performance in good faith of the duty or authority;
AND WHEREAS s. 448(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
states that s. 448(1) does not relieve a municipality of liability to which it would otherwise be subject in respect of a tort committed by a member of council or an officer, employee or agent of the municipality or a person acting under the instructions of the officer, employee or agent;
AND WHEREAS Section 8 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M. 50, as amended, allows an elector, an Integrity Commissioner of a municipality or a person demonstrably acting in the public interest to apply to a judge for a determination of the question of whether a member, or former member, has contravened section 5,
5.1, 5.2, or 5.3 of the Municipal Conflict of Interest Act;
AND WHEREAS s. 14 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended, states that despite section 279 of the Municipal Act, 2001, the council of every municipality may at any time pass by-laws, despite the Insurance Act, to enable
the municipality to act as an insurer to protect a member of the council or of any local
board thereof who has been found not to have contravened section 5, 5.1, 5.2, or 5.3 against any costs or expenses incurred by the member as a result of a proceeding brought under the Municipal Conflict of Interest Act, and for paying on behalf of or reimbursing the member for any such costs or expenses;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham finds that it is in the public interest to ensure that Eligible Persons acting in good faith to perform their duties are indemnified against the costs of Legal Proceedings;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. SHORT TITLE 1.1 This by-law may be cited as the “Indemnification By-law” for the Corporation of
the Municipality of Bayham.
2. DEFINITIONS In this by-law:
2.1 “Board” means a local board of the Municipality, as defined in the Act.
2.2 “Chief Administrative Officer” means the Chief Administrative Officer of the Municipality, the delegate thereof, or any person to whom the powers thereof are delegated by Council for the purposes of this by-law. 2.3 “Code Complaint” means a formal or informal complaint made to the Integrity
Commissioner pursuant to the Municipality’s Code of Conduct and includes an
inquiry under section 223.4 or 223.4.1 of the Municipal Act, 2001. 2.4 “Council” means the Council of the Municipality. 2.5 “Municipality” means the Corporation of the Municipality of Bayham. 2.6 “Eligible Person” means any of the following persons of the Municipality:
2.6.1 a current or former member of Council;
2.6.2 a current or former member of a local board; 2.6.3 the current or former Integrity Commissioner, including any person acting under the instructions of the Integrity Commissioner; and 2.6.4 current or former employees.
2.7 “Employee” means any salaried officer or any other person in the employ of the
Municipality or of a Board, and includes persons that provide their services on behalf of the Municipality without remuneration, exclusive of the reimbursement of expenses or honoraria, provided that such persons are appointees of the Municipality or volunteers acting under the direction of a person in the employ of
the Municipality.
2.8 “Former Employee” means a person who was formerly an employee of the Municipality or a Board. 2.9 “Former Member” means a person who was formerly a Member. 2.10 “Legal Proceeding”
2.10.1 means:
2.10.1.1 a civil proceeding or administrative action, including but not limited to an action, application, motion, hearing, trial; 2.10.1.2 a proceeding wherein a person is charged with an offence under the Criminal Code, R.S.C. 1985, c. C. 46 or the
Highway Traffic Act, R.S.O. 1990, s. H.8; or
2.10.1.3 a proceeding brought under section 8 of the Municipal Conflict
of Interest Act, R.S.O.1990, c. M. 50, as amended (the “MCIA”); or 2.10.1.4 a Code Complaint; or
2.10.1.5 a complaint to a professional association;
2.10.2 But excludes: 2.10.2.1 any proceeding commenced by the Municipality;
2.10.2.2 any proceeding in which the Municipality is a party adverse in interest, including municipal parking and traffic by-laws. For greater certainty, this section does not prevent indemnification
of Members of Council and Local Boards in the context of a
proceeding brought under the MCIA, subject to the restrictions at s. 14 of the MCIA; or 2.10.2.3 any proceeding under the Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched., as amended.
2.11 “Member” means a person who is a member of the Council or of a Board.
3. EXCLUSIONS 3.1 This by-law does not apply to:
3.1.1 any proceeding in which the Municipality is an adverse party to the
otherwise Eligible Person; 3.1.2 any proceeding in which the interests of the otherwise Eligible Person are adverse to the Municipality’s interests; 3.1.3 any Legal Proceeding that relates to a grievance filed under the provisions
of a collective agreement or to disciplinary action taken by the Municipality
as an employer; 3.1.4 any Legal Proceeding arising from a Code of Conduct enacted pursuant to section 223.2 of the Municipal Act, 2001; 3.1.5 any Legal Proceeding resulting from any dishonest, bad faith, fraudulent
or criminal act committed by an individual, including an otherwise Eligible
Person, including abuse of public office. For clarity, this exclusion does not apply to an Eligible Person who did not participate in such act and who did not have personal or constructive knowledge thereof; 3.1.6 any Legal Proceeding resulting from an individual, including an otherwise
Eligible Person, gaining a personal profit or advantage to which he or she
was not legally entitled, or the return by the Eligible Person of any money paid to him or her, if payment of such money is held to be in violation of law; 3.1.7 any Legal Proceeding relating to conduct which falls outside the scope of
the Eligible Person’s duty or authority, unless the Eligible Person was
acting in good faith and held an honest and reasonable belief that the conduct was within his or her duty or authority and was in the best interest of the Municipality; 3.1.8 any Legal Proceeding involving sexual misconduct, harassment, or
bullying. For clarity, this exclusion does not apply to an Eligible Person
who did not participate in such act and who did not have personal or constructive knowledge thereof, nor to an Eligible Person who is the victim of such act; 3.1.9 any Legal Proceeding that relates to defamation. For clarity, this exclusion
does not apply to an Eligible Person who is the victim of the defamation;
3.1.10 any Legal Proceeding that relates to section 5, 5.1, 5.2 or 5.3 of the MCIA, except where the Eligible Person has been found not to have contravened sections 5, 5.1, 5.2 and 5.3 of the MCIA.; and,
3.1.11 any expenses incurred by a Member in obtaining personal legal advice to
determine whether the Member has a pecuniary interest in a matter which is the subject of a determination or consideration by Council or a Board as defined herein;
4. INDEMNIFICATION
Subject to the exclusions, exceptions, and other terms set out in this by-law, the Municipality shall indemnify an Eligible Person in the manner and to the extent provided by this by-law in respect of any legal proceeding, including appeals, initiated by a third party for:
4.1 Acts, errors or omissions arising out of the scope of the Eligible Person’s
authority or duty or within the course of an Individual’s employment or office if: 4.1.1 the Eligible Person was acting within the individual’s scope of authority or duty; 4.1.2 the Eligible Person acted honestly and in good faith; and
4.1.3 in the case of administrative action or proceeding that is enforced by a
monetary penalty, the Eligible Person had reasonable grounds for believing that his or her conduct was lawful; 4.2 acts or omissions relating to the conduct which falls outside of the Eligible Person’s duty or authority, provided that:
4.2.1 the Eligible Person was acting in good faith and held an honest and
reasonable belief that the conduct was within his or her duty or authority and was in the best interest of the Municipality; and 4.2.2 in the case of administrative action or proceeding enforced by a monetary penalty, the Eligible Person had reasonable grounds for
believing that his or her conduct was lawful.
4.3 In the event that any determination is required as to whether an Eligible Person meets the requirements of this by-law, the Chief Administrative Officer shall procure a legal opinion in that regard, which shall include advice on any terms and conditions that should apply to the indemnification of an Eligible Person. If,
in the Chief Administrative Officer’s opinion, it would be impractical, inefficient,
or uneconomical to procure such an opinion, then the question may be brought to Council for determination under s. 7.4 of this by-law. 5. MANNER AND EXTENT OF INDEMNIFICATION
5.1 Subject to Section 5.2, the Municipality shall indemnify an Eligible Person who
meets the requirements of Section 4 of this by-law by: 5.1.1 assuming the reasonable cost of defending such Eligible Person in a Legal Proceeding; 5.1.2 paying any damages or costs, including a monetary penalty, awarded
against such Eligible Person as a result of a Legal Proceeding;
5.1.3 paying, either by direct payment or by reimbursement, any expenses reasonably incurred by such Eligible Person as a result of a Legal Proceeding; and
5.1.4 paying any sum required in connection with the settlement of a Legal
Proceeding; 5.2 Notwithstanding any other provision in this by-law, the Municipality will only indemnify an Eligible Person to the extent that costs, damages, expenses, or sums are not assumed, paid, or reimbursed under any provision of the
Municipality’s Insurance program or any other insurance program for the benefit
and protection of such Individual against liability. The provisions of this by-law are intended to supplement the protection provided by such policies of insurance; accordingly, in the event of conflict between this by-law and the terms of such a policy of insurance, the terms of the policy of insurance shall
prevail.
5.3 Except where an applicable policy of insurance requires otherwise, Council shall have the right to approve or reject the settlement of any indemnified Legal Proceeding.
6. PROVISION OF LEGAL COUNSEL
6.1 The Municipality shall have the right to select and retain the lawyer to represent an Eligible Person, having regard to whether the lawyer has the expertise and can provide the commitment of time and resources required, and the Chief Administrative Officer shall:
6.1.1 advise such Eligible Person of the lawyer selected to represent them;
and 6.1.2 advise Council of the final disposition of the matter. 6.2 Subject to the provisions of this Section, an Eligible Person may request approval to be represented by the lawyer of the person’s choice by writing to the
Chief Administrative Officer. The Chief Administrative Officer shall, within ten
(10) days of receipt of the request, either approve or deny the request and advise the person in writing of such decision. 6.3 The Municipality shall be provided with copies of the lawyer’s statements of account on a monthly basis. Statements of account shall outline all fees and
disbursements and shall be provided with information relating to these accounts,
as may be requested from time to time, in order to determine reasonableness of the account before any payment is made. 6.4 The Municipality may, through a decision of Council, require that an account for reimbursement be assessed by a Court Assessment Officer, where applicable.
6.5 Notwithstanding any other provision of this by-law to the contrary, any lawyer
retained by the Municipality’s insurers from time to time to defend the Municipality in any Legal Proceeding shall represent an Eligible Person with respect to that Proceeding unless the Municipality instructs otherwise.
7. RIGHTS OF THE MUNICIPALITY
7.1 Decision-making authority under this by-law, including the authority to execute
necessary documents on behalf of the Municipality in order to give effect to this
by-law, is designated to the Chief Administrative Officer, except where
otherwise specified. When exercising delegated authority, the Chief
Administrative Officer shall have regard to the potential costs to the Municipality
of a decision and shall seek Council’s approval for decisions with financial
implications in excess of the Approval Authority of the Chief Administrative
Officer under the Municipality’s by-law defining the procurement policies and
procedures, as amended from time to time.
7.2 Nothing in this by-law shall prevent the Chief Administrative Officer from
bringing a report to Council to seek direction on any matter related to
indemnification under this by-law.
7.3 The Municipality may refuse to indemnify an Eligible Person or his or her lawyer for steps taken in a Legal Proceeding that are, in the sole discretion of the Municipality, deemed unnecessary, inadvisable, or otherwise prejudicial to the
conduct of the Legal Proceeding. 7.3.1 For clarity, “steps taken in a Legal Proceeding” in this section includes, but is not limited to, counterclaims, crossclaims, third party claims, settlement offers, demand letters, motions, applications, and alternative dispute resolution.
7.3.2 An Eligible Person or his or her lawyer may seek the approval of the Municipality prior to taking discretionary steps in a Legal Proceeding by making a request in writing to the Chief Administrative Officer. Such request must: 7.3.2.1 be provided with reasonable notice;
7.3.2.2 state the potential benefit of said step; and 7.3.2.3 estimate the cost to the Municipality of said step. Upon receipt of such a request, the Chief Administrative Officer shall either: 7.3.2.4 approve or deny the request; or
7.3.2.5 determine a decision-making process that must be followed to approve or deny the request, which may include presenting the issue to Council or seeking a further legal opinion. The Chief Administrative Officer shall convey their decision to the
Eligible Person or their lawyer in writing within ten (10) days of the receipt of the request, having regard to any urgency associated with the request. The Chief Administrative Officer shall, in the event that further steps must be taken: 7.3.2.6 communicate the decision-making process to be followed;
7.3.2.7 list the reasonable steps that the Municipality will take to ensure that the rights of the Eligible Person are not prejudiced by the decision-making process, and 7.3.2.8 provide a timeline for the final determination of the request. 7.4 Notwithstanding any other provision of this By-Law, Council may, at any time:
7.4.1 determine that a person is ineligible for indemnification under this by-law; or 7.4.2 set a cap on the indemnification to be provided under this by-law.
8. APPLICATION FOR INDEMNIFICATION AND DUTY TO CO-OPERATE 8.1 Where an Eligible Person is served with any process issued out of or authorized
by any court, administrative tribunal or other administrative, investigative or
quasi-judicial body, other than a subpoena, in connection with any Legal Proceeding the person shall forthwith deliver the process or a copy thereof to the Chief Administrative Officer. 8.2 An Eligible Person involved in any Legal Proceeding shall co-operate fully with
the Municipality, the Chief Administrative Officer and any lawyer retained by the
Municipality to defend such Legal Proceeding, shall make available to the Chief Administrative Officer or such lawyer all information and documentation relevant to the matter as are within his or her knowledge, possession or control, and shall attend at all proceedings when requested to do so by the Chief
Administrative Officer or such lawyer.
8.3 Notwithstanding any other provision of this by-law to the contrary, if a person fails or refuses to comply with the provisions of this by-law, the Municipality shall not be liable to assume or pay any of the costs, damages, expenses or sums arising from the Legal Proceeding and shall not be subject to the obligations of
this by-law. 9. REIMBURSEMENT 9.1 Where an Eligible Person is indemnified pursuant to the provisions of this by-law, the amount of the indemnity shall be reduced by the amount of any costs
recovered by the Eligible Person and, where the indemnity has been paid, any
costs recovered by the Eligible Person shall be paid or assigned to the Municipality up to the amount of the indemnity. 10. APPEALS
10.1 Where an Eligible Person seeks to appeal a judgment in a Legal Proceeding
and wishes the Municipality to indemnify the costs of that appeal, the Municipality shall have the sole discretion to determine whether that appeal should be pursued and to what extent the costs of the appeal will be indemnified.
10.2 If an Individual pursues an appeal without representation by the Municipality
and is successful in that appeal: 10.2.1 the Municipality shall have the sole discretion to determine whether the Individual shall be retroactively indemnified for his or her legal fees; 10.2.2 the Municipality shall have the right to recoup legal fees paid in any costs
awards for indemnified Legal Proceedings that were appealed; and
10.2.3 the Municipality shall have the right to recoup any costs awards for legal fees in indemnified proceedings awarded by the body hearing the appeal. 11. EXCEPTION: DUTY TO THIRD PARTY UNDER SHARED SERVICES
AGREEMENT
11.1 In the event that a proceeding arises against an Eligible Person and a term, condition, or limitation of this by-law, including conditions expressed at Sections
6.5 and 8 herein, would violate the confidentiality conditions of a shared services agreement, any professional obligation of the Eligible Person imposed by a regulatory body, or any other similar, legally binding obligation of
confidentiality, then the term, condition, or limitation that would constitute or impose a violation is of no force and effect and: 11.1.1 The Chief Administrative Officer of the Municipality or their delegate shall, in consultation with the Eligible Person, the third party, and, as applicable, the legal counsel for the Municipality, the Eligible Person,
and/or the third party, propose alternate terms, conditions, or limitations that conform with the stated intent of this by-law as well as the intent(s) of the void terms, conditions, or limitations; and 11.1.1.1 Said alternate terms, conditions, or limitations shall be presented to Council for approval prior to any disbursement of
an indemnification. 11.2 The Municipality may, pursuant to s. 279 of the Municipal Act, exchange with other municipalities in Ontario reciprocal contracts of indemnity or inter-insurance. In the event that such a reciprocal contract contains provisions that indemnify an Eligible Person under this by-law, the terms of that reciprocal
contract supersede those of this by-law to the extent that a conflict exists. 12. SEVERABILITY 12.1 If any sections, section or part of a section of this by-law are found by any Court to be illegal or beyond the power of Council to enact, such sections or section or
part of a section shall be deemed to be severable and all other sections or parts of sections of this by-law shall be deemed to separate and independent and shall continue in full force and effect.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY
OF NOVEMBER, 2025.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-068
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND
PK CONSTRUCTION INC. FOR THE BAYHAM (STRAFFORDVILLE) COMMUNITY
CENTRE EXPANSION WORKS
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS a+LINK Architecture Inc. on behalf of the Municipality of Bayham issued a
Request for Tenders in August 2025 closing at 2pm on September 16, 2025;
AND WHEREAS PK Construction Inc. was awarded the Tender on October 9, 2025 in the
amount of $2,928,070 +HST;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous
of entering into an agreement with PK Construction Inc. for the Bayham (Straffordville)
Community Centre Expansion Works;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized to
execute the Agreement attached hereto as Schedule “A” and forming part of this by-
law between the Corporation of the Municipality of Bayham and PK Construction Inc;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY
OF NOVEMBER, 2025.
___________________________ _____________________________
MAYOR CLERK
Apply a CCDC 2 copyright seal here. The application
of the seal demonstrates the intention of the party
proposing the use of this document that it be an
accurate and unamended form of CCDC 2 - 2020
except to the extent that any alterations, additions or
modifications are set forth in supplementary conditions.
Name of Project
2020
Stipulated Price Contract
2
2
Bayham (Straffordville) Community Centre Expansion
CCDC 2 STIPULATED PRICE CONTRACT
TABLE OF CONTENTS
AGREEMENT BETWEEN OWNER AND CONTRACTOR
A-1 The Work
A-2 Agreements and Amendments
A-3 Contract Documents
A-4 Contract Price
A-5 Payment
A-6 Receipt of and Addresses for Notices in Writing
A-7 Language of the Contract
A-8 Succession
DEFINITIONS
Change Directive
Change Order
Construction Equipment
Consultant
Contract
Contract Documents
Contract Price
Contract Time
Contractor
Drawings
Notice in Writing
Owner
Other Contractor
Payment Legislation
Place of the Work
Product
Project
Ready-for-Takeover
Shop Drawings
Specifications
Subcontractor
Substantial Performance of the Work
Supplemental Instruction
Supplier
Temporary Work
Value Added Taxes
Work
Working Day
GENERAL CONDITIONS
PART 1 GENERAL PROVISIONS
GC 1.1 Contract Documents
GC 1.2 Law of the Contract
GC 1.3 Rights and Remedies
GC 1.4 Assignment
PART 2 ADMINISTRATION OF THE CONTRACT
GC 2.1 Authority of the Consultant
GC 2.2 Role of the Consultant
GC 2.3 Review and Inspection of the Work
GC 2.4 Defective Work
PART 3 EXECUTION OF THE WORK
GC 3.1 Control of the Work
GC 3.2 Construction by the Owner or Other Contractors
GC 3.3 Temporary Work
GC 3.4 Construction Schedule
GC 3.5 Supervision
GC 3.6 Subcontractors and Suppliers
GC 3.7 Labour and Products
GC 3.8 Shop Drawings
PART 4 ALLOWANCES
GC 4.1 Cash Allowances
GC 4.2 Contingency Allowance
PART 5 PAYMENT
GC 5.1 Financing Information Required of the Owner
GC 5.2 Applications for Payment
GC 5.3 Payment
GC 5.4 Substantial Performance of the Work and Payment of Holdback
GC 5.5 Final Payment
GC 5.6 Deferred Work
GC 5.7 Non-conforming Work
PART 6 CHANGES IN THE WORK
GC 6.1 Owner’s Right to Make Changes
GC 6.2 Change Order
GC 6.3 Change Directive
GC 6.4 Concealed or Unknown Conditions
GC 6.5 Delays
GC 6.6 Claims for a Change in Contract Price
PART 7 DEFAULT NOTICE
GC 7.1 Owner’s Right to Perform the Work, Terminate the Contractor’s Right to
Continue with the Work or Terminate the Contract
GC 7.2 Contractor’s Right to Suspend the Work or Terminate the Contract
PART 8 DISPUTE RESOLUTION
GC 8.1 Authority of the Consultant
GC 8.2 Adjudication
GC 8.3 Negotiation, Mediation and Arbitration
GC 8.4 Retention of Rights
PART 9 PROTECTION OF PERSONS AND PROPERTY
GC 9.1 Protection of Work and Property
GC 9.2 Toxic and Hazardous Substances
GC 9.3 Artifacts and Fossils
GC 9.4 Construction Safety
GC 9.5 Mould
PART 10 GOVERNING REGULATIONS
GC 10.1 Taxes and Duties
GC 10.2 Laws, Notices, Permits, and Fees
GC 10.3 Patent Fees
GC 10.4 Workers’ Compensation
PART 11 INSURANCE
GC 11.1 Insurance
PART 12 OWNER TAKEOVER
GC 12.1 Ready-for-Takeover
GC 12.2 Early Occupancy by the Owner
GC 12.3 Warranty
PART 13 INDEMNIFICATION AND WAIVER
GC 13.1 Indemnification
GC 13.2 Waiver of Claims
CCDC 2 is the product of a consensus-building process aimed at balancing the
interests of all parties on the construction project. It reflects recommended industry
practices. The CCDC and its constituent member organizations do not accept any
responsibility or liability for loss or damage which may be suffered as a result of
the use or interpretation of CCDC 2.
CCDC Copyright 2020
Must not be copied in whole or in part without the written permission of the CCDC.
CCDC 2 – 2020 1
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
AGREEMENT BETWEEN OWNER AND CONTRACTOR
For use when a stipulated price is the basis of payment.
This Agreement made on day of in the year .
by and between the parties
hereinafter called the “Owner”
and
hereinafter called the "Contractor"
The Owner and the Contractor agree as follows:
ARTICLE A-1 THE WORK
The Contractor shall:
1.1 perform the Work required by the Contract Documents for (insert below the description or title of the Work)
located at (insert below the Place of the Work)
for which the Agreement has been signed by the parties, and for which (insert below the name of the Consultant)
is acting as and is hereinafter called the "Consultant" and
1.2 do and fulfill everything indicated by the Contract Documents, and
1.3 commence the Work by the day of in the year and, subject to adjustment in Contract
Time as provided for in the Contract Documents, attain Ready-for-Takeover, by the day of in
the year .
ARTICLE A-2 AGREEMENTS AND AMENDMENTS
2.1 The Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the
Work, including the bid documents that are not expressly listed in Article A-3 of the Agreement – CONTRACT DOCUMENTS.
2.2 The Contract may be amended only as provided in the Contract Documents.
14 October 2025
Municipality of Bayham
PK Construction Inc.
Construction of the Addition & Renovations to the Bayham (Straffordville) Community Centre
56169 Heritage Line, Straffordville, Ontario
a+LiNK Architecture Inc.
3 November 2025
1 September
2026
CCDC 2 – 2020 2
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-3 CONTRACT DOCUMENTS
3.1 The following are the Contract Documents referred to in Article A-1 of the Agreement – THE WORK:
Agreement between Owner and Contractor
Definitions
General Conditions
*
* (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. supplementary conditions; Division 01 of the
Specifications – GENERAL REQUIREMENTS; Project information that the Contractor may rely upon; technical Specifications, giving a list of contents with
section numbers and titles, number of pages and date; material finishing schedules; Drawings, giving drawing number, title, date, revision date or mark;
addenda, giving title, number, date; time schedule)
1. Agreement as per CCDC2-2020 Common Law Version, Pages 1 to 5
2. Definitions as per CCDC2-2020 Common Law Version, Pages 6 and 7
3. General Conditions as per CCDC2-2020 Common Law Version, Pages 8 to 28
4. Letter of Intent from the Municipality of Bayham for the Award of Construction Contract,
dated October 14, 2025.
5. Notice of Project
6. 50% Performance Bond
7. 50% Labour and Material Payment Bond
8. Certificate of Liability Insurance
9. Tender Form and Appendices as submitted
10. WSIB Clearance Certificate
11. Registration as Contractor
12. Contractor Health & Safety Policy Program
13. Addendum #1, dated August 25, 2025
14. Addendum #2, dated August 29, 2025
15. Addendum #3, dated September 5, 2025
16. Addendum #4, dated September 12, 2025
Contract Specifications and Drawings issued by the Consultant for Tender dated August 8, 2025,
including;
17. - Front End and Architectural Specifications
18. - Mechanical & Electrical Specifications
19. - Architectural Drawings
20. - Civil Drawings
21. - Structural Drawings
22. - Mechanical Drawings
23. - Electrical Drawings
CCDC 2 – 2020 3
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-4 CONTRACT PRICE
4.1 The Contract Price, which excludes Value Added Taxes, is:
/100 dollars $
4.2 Value Added Taxes (of __________ %) payable by the Owner to the Contractor are:
/100 dollars $
4.3 Total amount payable by the Owner to the Contractor for the Work is:
/100 dollars $
4.4 These amounts shall be subject to adjustments as provided in the Contract Documents.
4.5 All amounts are in Canadian funds.
ARTICLE A-5 PAYMENT
5.1 Subject to the provisions of the Contract Documents and Payment Legislation, and in accordance with legislation and statutory
regulations respecting holdback percentages, the Owner shall:
.1 make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the
Consultant unless otherwise prescribed by Payment Legislation together with such Value Added Taxes as may be applicable
to such payments,
.2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due
together with such Value Added Taxes as may be applicable to such payment, and
.3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when
due together with such Value Added Taxes as may be applicable to such payment.
5.2 Interest
.1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by adjudication,
arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable until payment:
(1) 2% per annum above the prime rate for the first 60 days.
(2) 4% per annum above the prime rate after the first 60 days.
Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by
(Insert name of chartered lending institution whose prime rate is to be used)
for prime business loans as it may change from time to time.
.2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.2.1 of this Article on the settlement amount of any
claim in dispute that is resolved either pursuant to Part 8 of the General Conditions – DISPUTE RESOLUTION or otherwise,
from the date the amount would have been due and payable under the Contract, had it not been in dispute, until the date it is
paid.
ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING
6.1 Notices in Writing will be addressed to the recipient at the address set out below.
6.2 The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by other form of electronic
communication during the transmission of which no indication of failure of receipt is communicated to the sender.
6.3 A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by the other party
on the date of delivery if delivered by hand or courier, or if sent by mail it will be deemed to have been received five calendar days
after the date on which it was mailed, provided that if either such day is not a Working Day, then the Notice in Writing will be deemed
to have been received on the Working Day next following such day.
6.4 A Notice in Writing sent by any form of electronic communication will be deemed to have been received on the date of its
transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours on the date of
its transmission at the place of receipt, then it will be deemed to have been received at the opening of business at the place of receipt
on the first Working Day next following the transmission thereof.
6.5 An address for a party may be changed by Notice in Writing to the other party setting out the new address in accordance with this
Article.
Two Million, Nine Hundred and Twenty-Eight Thousand, Seventy Dollars and Zero
Cents----------------------------------------------------------------------------------------2,928,070.00
13
Three Hundred and Eighty-Thousand, Six-Hundred and Forty-Nine Dollars
and Ten Cents---------------------------------------------------------------------------380,649.10
Three Million, Three Hundred and Eight Thousand, Seven Hundred and
Nineteen Dollars and Ten Cents-------------------------------------------------3,308,719.10
The Bank of Canada
CCDC 2 – 2020 4
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Owner
name of Owner*
address
email address
Contractor
name of Contractor*
address
email address
Consultant
name of Consultant*
address
email address
* If it is intended that a specific individual must receive the notice, that individual’s name shall be indicated.
ARTICLE A-7 LANGUAGE OF THE CONTRACT
7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any
apparent discrepancy between the English and French versions, the English / French # language shall prevail. # Complete this statement by striking out inapplicable term.
7.2 This Agreement is drawn in English at the request of the parties hereto. La présente convention est rédigée en anglais à la
demande des parties.
ARTICLE A-8 SUCCESSION
8.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives,
successors, and assigns.
Municipality of Bayham
56169 Heritage Line Straffordville, P.O. Box 160, Ontario, N0J 1Y0
cao@bayham.on.ca
PK Construction Inc.
37 Tillson Street, Unit A, Tillsonburg, Ontario, N4G 0B7
justin@pkconstruction.ca
a+LiNK Architecture Inc.
362 Dufferin Avenue, London, Ontario, N6B 1Z4
stephenm@alinkarch.ca
CCDC 2 – 2020 5
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives.
SIGNED AND DELIVERED
in the presence of:
WITNESS OWNER
_____________________________________________
name of Owner
_____________________________________________ _____________________________________________
signature signature
_____________________________________________ _____________________________________________
name of person signing name and title of person signing
WITNESS CONTRACTOR
_____________________________________________
name of Contractor
_____________________________________________ _____________________________________________
signature signature
_____________________________________________ _____________________________________________
name of person signing name and title of person signing
N.B. Where legal jurisdiction, local practice or Owner or Contractor requirement calls for:
(a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s)
authorized to sign the Agreement for and on behalf of the corporation or partnership; or
(b) the affixing of a corporate seal, this Agreement should be properly sealed.
Municipality of Bayham
PK Construction Inc.
CCDC 2 – 2020 6
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contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
DEFINITIONS
The following Definitions shall apply to all Contract Documents.
Change Directive
A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing the Contractor to
proceed with a change in the Work within the general scope of the Contract Documents prior to the Owner and the Contractor
agreeing upon adjustments in the Contract Price and the Contract Time.
Change Order
A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the
Contractor stating their agreement upon:
• a change in the Work;
• the method of adjustment or the amount of the adjustment in the Contract Price, if any; and
• the extent of the adjustment in the Contract Time, if any.
Construction Equipment
Construction Equipment means all machinery and equipment, either operated or not operated, that is required for preparing,
fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work.
Consultant
The Consultant is the person or entity engaged by the Owner and identified as such in the Agreement. The Consultant is the
Architect, the Engineer or entity licensed to practise in the province or territory of the Place of the Work.
Contract
The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed
in the Contract Documents and represents the entire agreement between the parties.
Contract Documents
The Contract Documents consist of those documents listed in Article A-3 of the Agreement – CONTRACT DOCUMENTS
and amendments agreed upon between the parties.
Contract Price
The Contract Price is the amount stipulated in Article A-4 of the Agreement – CONTRACT PRICE.
Contract Time
The Contract Time is the time from commencement of the Work to the date of Ready-for-Takeover as stipulated in paragraph
1.3 of Article A-1 of the Agreement – THE WORK .
Contractor
The Contractor is the person or entity identified as such in the Agreement.
Drawings
The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing
the design, location and dimensions of the Work, generally including plans, elevations, sections, details, and diagrams.
Notice in Writing
A Notice in Writing, where identified in the Contract Documents, is a written communication between the parties or between
them and the Consultant that is transmitted in accordance with the provisions of Article A-6 of the Agreement – RECEIPT OF
AND ADDRESSES FOR NOTICES IN WRITING.
Owner
The Owner is the person or entity identified as such in the Agreement.
Other Contractor
Other Contractor means a contractor, other than the Contractor or a Subcontractor, engaged by the Owner for the Project.
Payment Legislation
Payment Legislation means such legislation in effect at the Place of the Work which governs payment under construction
contracts.
Place of the Work
The Place of the Work is the designated site or location of the Work identified in the Contract Documents.
Product
Product or Products means material, machinery, equipment, and fixtures forming part of the Work, but does not include
Construction Equipment.
CCDC 2 – 2020 7
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contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Project
The Project means the total construction contemplated of which the Work may be the whole or a part.
Ready-for-Takeover
Ready-for-Takeover shall have been attained when the conditions set out in paragraph 12.1.1 of GC 12.1 – READY-FOR-
TAKEOVER have been met, as verified by the Consultant pursuant to paragraph 12.1.4.2 of GC 12.1 – READY-FOR-
TAKEOVER.
Shop Drawings
Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which
the Contractor provides to illustrate details of portions of the Work.
Specifications
The Specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written
requirements and standards for Products, systems, workmanship, quality, and the services necessary for the performance of the
Work.
Subcontractor
A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work at the
Place of the Work.
Substantial Performance of the Work
Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work.
Supplemental Instruction
A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the form of
Specifications, Drawings, schedules, samples, models, or written instructions, consistent with the intent of the Contract
Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the
Work.
Supplier
A Supplier is a person or entity having a direct contract with the Contractor to supply Products.
Temporary Work
Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding Construction
Equipment, required for the execution of the Work but not incorporated into the Work.
Value Added Taxes
Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial or Territorial
Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales
Tax, the Harmonized Sales Tax, and any similar tax, the collection and payment of which have been imposed on the Contractor
by tax legislation.
Work
The Work means the total construction and related services required by the Contract Documents.
Working Day
Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed by the
construction industry in the area of the Place of the Work.
CCDC 2 – 2020 8
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GENERAL CONDITIONS
PART 1 GENERAL PROVISIONS
GC 1.1 CONTRACT DOCUMENTS
1.1.1 The intent of the Contract Documents is to include the labour, Products and services necessary for the performance of the Work
by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products
or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents.
1.1.2 The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance
by the Contractor shall be required only to the extent consistent with the Contract Documents.
1.1.3 The Contractor shall review the Contract Documents for the purpose of facilitating co-ordination and execution of the Work
by the Contractor.
1.1.4 The Contractor is not responsible for errors, omissions or inconsistencies in the Contract Documents. If there are perceived
errors, omissions or inconsistencies discovered by or made known to the Contractor, the Contractor shall promptly report to
the Consultant and shall not proceed with the work affected until the Contractor has received corrected or additional
information from the Consultant.
1.1.5 If there is a conflict within the Contract Documents:
.1 the order of priority of documents, from highest to lowest, shall be
• the Agreement between Owner and Contractor,
• the Definitions,
• Supplementary Conditions,
• the General Conditions,
• Division 01 of the Specifications,
• technical Specifications,
• material and finishing schedules,
• the Drawings.
.2 Drawings of larger scale shall govern over those of smaller scale of the same date.
.3 dimensions shown on Drawings shall govern over dimensions scaled from Drawings.
.4 amended or later dated documents shall govern over earlier documents of the same type.
.5 noted materials and annotations shall govern over graphic indications.
1.1.6 Nothing contained in the Contract Documents shall create any contractual relationship between:
.1 the Owner and a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work.
.2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any
portion of the Work.
1.1.7 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.1.8 References in the Contract Documents to the singular shall be considered to include the plural as the context requires.
1.1.9 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Contractor in dividing the
work among Subcontractors and Suppliers.
1.1.10 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant’s
property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All Specifications,
Drawings and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other
work. These Specifications, Drawings and models are not to be copied or altered in any manner without the written
authorization of the Consultant.
1.1.11 Physical models furnished by the Contractor at the Owner’s expense are the property of the Owner.
GC 1.2 LAW OF THE CONTRACT
1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract.
GC 1.3 RIGHTS AND REMEDIES
1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and
remedies otherwise imposed or available by law.
CCDC 2 – 2020 9
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contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
1.3.2 No action or failure to act by the Owner, the Consultant or the Contractor shall constitute a waiver of any right or duty afforded
any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
GC 1.4 ASSIGNMENT
1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which
consent shall not be unreasonably withheld.
PART 2 ADMINISTRATION OF THE CONTRACT
GC 2.1 AUTHORITY OF THE CONSULTANT
2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless
otherwise modified by written agreement as provided in paragraph 2.1.2.
2.1.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall be
modified or extended only with the written consent of the Owner, the Consultant and the Contractor.
GC 2.2 ROLE OF THE CONSULTANT
2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with
the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract
Documents.
2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives
to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities and limitations of authority of such project
representatives shall be as set forth in writing to the Contractor.
2.2.4 Based on the Consultant’s observations and evaluation of the Contractor’s applications for payment, the Consultant will
determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article
A-5 of the Agreement – PAYMENT, GC 5.3 – PAYMENT and GC 5.5 – FINAL PAYMENT.
2.2.5 The Consultant will not be responsible for and will not have control, charge or supervision of construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in
accordance with the applicable construction safety legislation, other regulations or general construction practice. The
Consultant will not be responsible for the Contractor’s failure to perform the Work in accordance with the Contract Documents.
2.2.6 Except with respect to GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the
first instance, the interpreter of the requirements of the Contract Documents.
2.2.7 Matters in question relating to the performance of the Work or the interpretation of the Contract Documents shall be initially
referred in writing to the Consultant by the party raising the question for interpretations and findings and copied to the other party.
2.2.8 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. In making such
interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor.
2.2.9 The Consultant’s interpretations and findings will be given in writing to the parties within a reasonable time.
2.2.10 With respect to claims for a change in Contract Price, the Consultant will make findings as set out in GC 6.6 – CLAIMS FOR A
CHANGE IN CONTRACT PRICE.
2.2.11 The Consultant will have authority to reject work which in the Consultant’s opinion does not conform to the requirements of
the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to
require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the
authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty
or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons
performing any of the Work.
2.2.12 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable
promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor.
2.2.13 The Consultant will review and take appropriate action upon Shop Drawings, samples and other submittals by the Contractor,
in accordance with the Contract Documents.
CCDC 2 – 2020 10
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
2.2.14 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 – CHANGE ORDER and GC 6.3 –
CHANGE DIRECTIVE.
2.2.15 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work and verify that
Ready-for-Takeover has been attained.
2.2.16 All certificates issued by the Consultant will be to the best of the Consultant’s knowledge, information and belief. By issuing
any certificate, the Consultant does not guarantee the Work is correct or complete.
2.2.17 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the
Contractor and will forward such warranties and documents to the Owner for the Owner’s acceptance.
2..2.18 If the Consultant’s engagement is terminated, the Owner shall immediately engage a Consultant against whom the Contractor
makes no reasonable objection and whose duties and responsibilities under the Contract Documents will be that of the former
Consultant.
GC 2.3 REVIEW AND INSPECTION OF THE WORK
2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe and
proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies.
If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be
given access to such work whenever it is in progress.
2.3.2 If work is designated for tests, inspections or approvals in the Contract Documents, by the Consultant’s instructions, or by the
laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notification of when the work
will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notification
of the date and time of inspections by other authorities.
2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work.
2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections or approvals
before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover
such work, have the inspections or tests satisfactorily completed, and make good covering work at the Contractor’s expense.
2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with
the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents,
the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the
requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration.
2.3.6 The Contractor shall pay the cost of making any test or inspection, including the cost of samples required for such test or
inspection, if such test or inspection is designated in the Contract Documents to be performed by the Contractor or is required by
the laws or ordinances applicable to the Place of the Work.
2.3.7 The Contractor shall pay the cost of samples required for any test or inspection to be performed by others if such test or inspection
is designated in the Contract Documents.
GC 2.4 DEFECTIVE WORK
2.4.1 The Contractor shall promptly correct defective work that has been rejected by the Consultant as failing to conform to the
Contract Documents whether or not the defective work was incorporated in the Work or the defect is the result of poor
workmanship, use of defective products or damage through carelessness or other act or omission of the Contractor.
2.4.2 The Contractor shall make good promptly Other Contractors’ work destroyed or damaged by such corrections at the
Contractor’s expense.
2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the
Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between
the work as performed and that called for by the Contract Documents. If the Owner and the Contractor do not agree on the
difference in value, they shall refer the matter to the Consultant for a finding.
PART 3 EXECUTION OF THE WORK
GC 3.1 CONTROL OF THE WORK
3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure
conformity with the Contract Documents.
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3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co-
ordinating the various parts of the Work under the Contract.
GC 3.2 CONSTRUCTION BY THE OWNER OR OTHER CONTRACTORS
3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to Other Contractors and
to perform work with own forces.
3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner’s own forces, the
Owner shall:
.1 provide for the co-ordination of the activities and work of Other Contractors and the Owner’s own forces with the Work
of the Contract;
.2 enter into separate contracts with Other Contractors under conditions of contract which are compatible with the conditions
of the Contract;
.3 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 – INSURANCE and co-
ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and
.4 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of Other
Contractors or the Owner’s own forces.
3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner’s own forces, the
Contractor shall:
.1 afford the Owner and Other Contractors reasonable opportunity to store their products and execute their work;
.2 co-ordinate and schedule the Work with the work of Other Contractors or the Owner’s own forces that are identified in the
Contract Documents;
.3 participate with Other Contractors and the Owner in reviewing their construction schedules when directed to do so; and
.4 report promptly to the Consultant in writing any apparent deficiencies in the work of Other Contractors or of the Owner’s
own forces, where such work affects the proper execution of any portion of the Work, prior to proceeding with that portion
of the Work.
3.2.4 Where a change in the Work is required as a result of the co-ordination and integration of the work of Other Contractors or
Owner’s own forces with the Work, the changes shall be authorized and valued as provided in GC 6.1 – OWNER’S RIGHT
TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.
3.2.5 Disputes and other matters in question between the Contractor and Other Contractors shall be dealt with as provided in Part 8
of the General Conditions – DISPUTE RESOLUTION provided the Other Contractors have reciprocal obligations. The
Contractor shall be deemed to have consented to arbitration of any dispute with any Other Contractor whose contract with the
Owner contains a similar agreement to arbitrate. In the absence of Other Contractors having reciprocal obligations, disputes
and other matters in question initiated by the Contractor against Other Contractors will be considered disputes and other matters
in question between the Contractor and the Owner.
3.2.6 Should the Owner, the Consultant, Other Contractors, or anyone employed by them directly or indirectly be responsible for ill-
timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued
as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE
DIRECTIVE.
GC 3.3 TEMPORARY WORK
3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of Temporary
Work unless otherwise specified in the Contract Documents.
3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to
perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases
where such Temporary Work is of such a nature that professional engineering skill is required to produce safe and satisfactory
results.
3.3.3 Notwithstanding the provisions of GC 3.1 – CONTROL OF THE WORK, paragraphs 3.3.1 and 3.3.2 or provisions to the
contrary elsewhere in the Contract Documents where such Contract Documents include designs for Temporary Work or specify
a method of construction in whole or in part, such designs or methods of construction shall be considered to be part of the
design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of
construction. The Contractor shall, however, be responsible for the execution of such design or specified method of
construction in the same manner as for the execution of the Work.
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 3.4 CONSTRUCTION SCHEDULE
3.4.1 The Contractor shall:
.1 prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that
indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter-
relationship to demonstrate the Work will be performed in conformity with the Contract Time;
.2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as
stipulated by the Contract Documents; and
.3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided
in Part 6 of the General Conditions – CHANGES IN THE WORK.
GC 3.5 SUPERVISION
3.5.1 The Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at
the Place of the Work while the Work is being performed. The appointed representative shall not be changed except for valid
reason.
3.5.2 The appointed representative shall represent the Contractor at the Place of the Work. Information and instructions provided
by the Consultant to the Contractor’s appointed representative shall be deemed to have been received by the Contractor, except
with respect to Article A-6 of the Agreement – RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING.
GC 3.6 SUBCONTRACTORS AND SUPPLIERS
3.6.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be performed
under subcontract, and shall:
.1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as
provided in the Contract Documents;
.2 incorporate the applicable terms and conditions of the Contract Documents into all contracts or written agreements with
Subcontractors and Suppliers; and
.3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers and any persons directly or
indirectly employed by them as for acts and omissions of persons directly employed by the Contractor.
3.6.2 The Contractor shall indicate in writing, if requested by the Owner, those Subcontractors or Suppliers whose bids have been
received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work.
Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so
identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies.
3.6.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed
Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders.
3.6.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time
shall be adjusted by the difference occasioned by such required change.
3.6.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to which the Contractor may
reasonably object.
3.6.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the
Subcontractor’s or Supplier’s work which has been certified for payment.
GC 3.7 LABOUR AND PRODUCTS
3.7.1 The Contractor shall maintain good order and discipline among the Contractor’s employees engaged on the Work and employ
only workers that are skilled in the tasks assigned.
3.7.2 The Contractor shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light, power,
transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract.
3.7.3 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall
be of a quality consistent with those specified and their use acceptable to the Consultant.
GC 3.8 SHOP DRAWINGS
3.8.1 The Contractor shall provide Shop Drawings as required in the Contract Documents.
3.8.2 The Contractor shall provide Shop Drawings to the Consultant to review in accordance with an agreed schedule, or in the absence
of an agreed schedule, in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of Other
Contractors or the Owner’s own forces.
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3.8.3 The Contractor shall review all Shop Drawings before providing them to the Consultant. The Contractor represents by this review
that:
.1 the Contractor has determined and verified all applicable field measurements, field construction conditions, Product
requirements, catalogue numbers and similar data, or will do so, and
.2 the Contractor has checked and co-ordinated each Shop Drawing with the requirements of the Work and of the Contract
Documents.
3.8.4 The Consultant’s review is for conformity to the design concept and for general arrangement only.
3.8.5 At the time of providing Shop Drawings, the Contractor shall expressly advise the Consultant in writing of any deviations in
a Shop Drawing from the requirements of the Contract Documents. The Consultant shall indicate the acceptance or rejection
of such deviation expressly in writing.
3.8.6 The Consultant’s review shall not relieve the Contractor of responsibility for errors or omissions in the Shop Drawings or for
meeting all requirements of the Contract Documents.
3.8.7 The Consultant will review and return Shop Drawings in accordance with the schedule agreed upon, or, in the absence of such
schedule, with reasonable promptness so as to cause no delay in the performance of the Work.
PART 4 ALLOWANCES
GC 4.1 CASH ALLOWANCES
4.1.1 The Contract Price includes the cash allowances, if any, stated in the Contract Documents. The scope of the Work or costs
included in such cash allowances shall be as described in the Contract Documents.
4.1.2 The Contract Price, and not the cash allowances, includes the Contractor’s overhead and profit in connection with such cash
allowances.
4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant.
4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, any unexpended amounts
from other cash allowances shall be reallocated, at the Consultant’s direction, to cover the shortfall, and, in that case, there
shall be no additional amount added to the Contract Price for overhead and profit. Only where the actual cost of the Work
under all cash allowances exceeds the total amount of all cash allowances shall the Contractor be compensated for the excess
incurred and substantiated, plus an amount for overhead and profit on the excess only, as set out in the Contract Documents.
4.1.5 The net amount of any unexpended cash allowances, after providing for any reallocations as contemplated in paragraph 4.1.4,
shall be deducted from the Contract Price by Change Order without any adjustment for the Contractor’s overhead and profit
on such amount.
4.1.6 The value of the Work performed under a cash allowance is eligible to be included in progress payments.
4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the items called for under cash allowances
must be ordered to avoid delaying the progress of the Work.
GC 4.2 CONTINGENCY ALLOWANCE
4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents.
4.2.2 The contingency allowance includes the Contractor’s overhead and profit in connection with such contingency allowance.
4.2.3 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 – OWNER’S RIGHT TO
MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.
4.2.4 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under
paragraph 4.2.3 and the contingency allowance.
PART 5 PAYMENT
GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER
5.1.1 The Owner shall, at the request of the Contractor, before signing the Contract, and promptly from time to time thereafter,
furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner’s obligations
under the Contract.
5.1.2 The Owner shall give the Contractor Notice in Writing of any material change in the Owner’s financial arrangements to fulfil
the Owner’s obligations under the Contract during the performance of the Contract.
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GC 5.2 APPLICATIONS FOR PAYMENT
5.2.1 Applications for payment on account as provided in Article A-5 of the Agreement – PAYMENT shall be submitted monthly
to the Owner and the Consultant simultaneously as the Work progresses.
5.2.2 Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an alternative
day of the month agreed in writing by the parties.
5.2.3 The amount claimed shall be for the value, proportionate to the amount of the Contract, of Work performed and Products
delivered to the Place of the Work as of the last day of the payment period.
5.2.4 The Contractor shall submit to the Consultant, at least 15 calendar days before the first application for payment, a schedule of
values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications
for payment.
5.2.5 The schedule of values shall be made out in such form as specified in the Contract and supported by such evidence as the
Consultant may reasonably require.
5.2.6 Applications for payment shall be based on the schedule of values accepted by the Consultant and shall comply with the
provisions of Payment Legislation.
5.2.7 Each application for payment shall include evidence of compliance with workers’ compensation legislation at the Place of the
Work and after the first payment, a declaration by the Contractor as to the distribution made of the amounts previously received
using document CCDC 9A ‘Statutory Declaration’.
5.2.8 Applications for payment for Products delivered to the Place of the Work but not yet incorporated into the Work shall be
supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products.
GC 5.3 PAYMENT
5.3.1 After receipt by the Consultant and the Owner of an application for payment submitted by the Contractor in accordance with
GC 5.2 – APPLICATIONS FOR PAYMENT:
.1 The Consultant will issue to the Owner and copy to the Contractor, no later than 10 calendar days after the receipt of the
application for payment, a certificate for payment in the amount applied for, or in such other amount as the Consultant
determines to be properly due. If the Consultant certifies a different amount, or rejects the application or part thereof, the
Owner shall promptly issue a written notice to the Contractor giving reasons for the revision or rejection, such written
notice to be in compliance with Payment Legislation.
.2 The Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement – PAYMENT on
or before 28 calendar days after the receipt by the Owner and the Consultant of the application for payment, and in any event,
in compliance with Payment Legislation.
GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK AND PAYMENT OF HOLDBACK
5.4.1 The Consultant will review the Work to certify or verify the validity of the application for Substantial Performance of the Work
and will promptly, and in any event, no later than 20 calendar days after receipt of the Contractors application:
.1 advise the Contractor in writing that the Work or the designated portion of the Work is not substantially performed and
give reasons why, or
.2 state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy
of that certificate to each of the Owner and the Contractor.
5.4.2 Where the holdback amount required by the applicable lien legislation has not been placed in a separate lien holdback account,
the Owner shall, no later than 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation
applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the
Contractor.
5.4.3 Subject to the requirements of any Payment Legislation, all holdback amount prescribed by the applicable lien legislation for
the Work shall become due and payable to the Contractor no later than 10 Working Days following the expiration of the
holdback period stipulated in the lien legislation applicable to the Place of the Work.
5.4.4 The Contractor shall submit an application for payment of the lien holdback amount in accordance with GC 5.3 – PAYMENT.
5.4.5 Where legislation permits progressive release of the holdback for a portion of the Work and the Consultant has certified or
verified that the part of the Work has been performed prior to Substantial Performance of the Work, the Owner hereby agrees
to release, and shall release, such portion to the Contractor in accordance with such legislation.
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5.4.6 Notwithstanding any progressive release of the holdback, the Contractor shall ensure that such parts of the Work are protected
pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not performed
regardless of whether or not such was apparent when the holdback was released.
GC 5.5 FINAL PAYMENT
5.5.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment.
5.5.2 The Consultant will, no later than 10 calendar days after the receipt of an application from the Contractor for final payment,
review the Work to verify the validity of the application and when the Consultant finds the Contractor’s application for final
payment valid, the Consultant will promptly issue a final certificate for payment to the Owner, with a copy to the Contractor.
5.5.3 If the Consultant rejects the application or part thereof, the Owner will promptly issue a written notice to the Contractor giving
reasons for the revision or rejection, such written notice to be in compliance with Payment Legislation.
5.5.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 – WORKERS’ COMPENSATION, and any legislation applicable to
the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay
the Contractor as provided in Article A-5 of the Agreement – PAYMENT and in any event, in compliance with Payment
Legislation.
GC 5.6 DEFERRED WORK
5.6.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, or if the Owner and the Contractor
agree that, there are items of work that must be deferred, payment in full for that portion of the Work which has been performed
as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold,
until the remaining portion of the Work is finished, only such an amount that the Consultant determines is sufficient and
reasonable to cover the cost of performing such deferred Work.
GC 5.7 NON-CONFORMING WORK
5.7.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute
an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract
Documents.
PART 6 CHANGES IN THE WORK
GC 6.1 OWNER’S RIGHT TO MAKE CHANGES
6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make:
.1 changes in the Work consisting of additions, deletions or other revisions to the Work by Change Order or Change Directive,
and
.2 changes to the Contract Time for the Work, or any part thereof, by Change Order.
6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive.
GC 6.2 CHANGE ORDER
6.2.1 When a change in the Work is proposed or required, the Consultant will provide the Contractor with a written description of
the proposed change in the Work. The Contractor shall promptly present to the Consultant, in a form that can be reasonably
evaluated, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract
Time, if any, for the proposed change in the Work.
6.2.2 When the Owner and the Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be
used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order.
The value of the work performed as the result of a Change Order shall be included in the applications for progress payment.
GC 6.3 CHANGE DIRECTIVE
6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing
upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a
Change Directive.
6.3.2 A Change Directive shall only be used to direct a change in the Work which is within the general scope of the Contract
Documents.
6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only.
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6.3.4 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work.
6.3.5 For the purpose of valuing Change Directives, changes in the Work that are not substitutions or otherwise related to each other
shall not be grouped together in the same Change Directive.
6.3.6 The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis
of the cost of the Contractor’s actual expenditures and savings attributable to the Change Directive, valued in accordance with
paragraph 6.3.7 and as follows:
.1 If the change results in a net increase in the Contractor’s cost, the Contract Price shall be increased by the amount of the
net increase in the Contractor’s cost, plus the Contractor’s percentage fee on such net increase.
.2 If the change results in a net decrease in the Contractor’s cost, the Contract Price shall be decreased by the amount of the
net decrease in the Contractor’s cost, without adjustment for the Contractor’s percentage fee.
.3 The Contractor’s fee shall be as specified in the Contract Documents or as otherwise agreed by the parties.
6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following in as
much as it contributes directly to the implementation of the Change Directive:
Labour
.1 rates that are listed in the schedule or as agreed by the Owner and the Contractor including wages, benefits, compensation,
contributions, assessments, or taxes incurred for such items as employment insurance, provincial or territorial health
insurance, workers’ compensation, and Canada or Quebec Pension Plan for:
(1) trade labour in the direct employ of the Contractor;
(2) the Contractor’s personnel when stationed at the field office;
(3) the Contractor’s personnel engaged at shops or on the road, in expediting the production or transportation of materials
or equipment; and
(4) the Contractor’s office personnel engaged in a technical capacity, or other personnel identified in Article A-3 of the
Agreement – CONTRACT DOCUMENTS for the time spent in the performance of the Work;
Products, Construction Equipment and Temporary Work
.2 cost of all Products including cost of transportation thereof;
.3 in the absence of agreed rates, cost less salvage value of Construction Equipment, Temporary Work and tools, exclusive
of hand tools under $1,000 owned by the Contractor;
.4 rental cost of Construction Equipment, Temporary Work and tools, exclusive of hand tools under $1,000;
.5 cost of all equipment and services required for the Contractor’s field office;
Subcontract
.6 subcontract amounts of Subcontractor with pricing mechanism approved by the Owner;
Others
.7 travel and subsistence expenses of the Contractor’s personnel described in paragraph 6.3.7.1;
.8 deposits lost provided that they are not caused by negligent acts or omissions of the Contractor;
.9 cost of quality assurance such as independent inspection and testing services;
.10 charges levied by authorities having jurisdiction at the Place of the Work;
.11 royalties, patent license fees, and damages for infringement of patents and cost of defending suits therefor subject always
to the Contractor’s obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 – PATENT FEES;
.12 premium for all contract securities and insurance for which the Contractor is required, by the Contract Documents, to
provide, maintain and pay in relation to the performance of the Work;
.13 losses and expenses sustained by the Contractor for matters which are the subject of insurance under the policies prescribed
in GC 11.1 – INSURANCE when such losses and expenses are not recoverable because the amounts are in excess of
collectible amounts or within the deductible amounts;
.14 taxes and duties, other than Value Added Taxes, income, capital, or property taxes, relating to the Work for which the
Contractor is liable;
.15 charges for voice and data communications, courier services, expressage, transmittal and reproduction of documents, and
petty cash items;
.16 cost for removal and disposal of waste products and debris;
.17 legal costs, incurred by the Contractor, in relation to the performance of the Work provided that they are not:
(1) relating to a dispute between the Owner and the Contractor unless such costs are part of a settlement or awarded by
arbitration or court,
(2) the result of the negligent acts or omissions of the Contractor, or
(3) the result of a breach of this Contract by the Contractor;
.18 cost of auditing when requested by the Owner; and
.19 cost of Project specific information technology in accordance with the method determined by the parties.
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6.3.8 Notwithstanding any other provisions contained in the General Conditions of the Contract, it is the intention of the parties that
the cost of any item under any cost element referred to in paragraph 6.3.7 shall cover and include any and all costs or liabilities
attributable to the Change Directive other than those which are the result of or occasioned by any failure on the part of the
Contractor to exercise reasonable care and diligence in the Contractor’s attention to the Work. Any cost due to failure on the
part of the Contractor to exercise reasonable care and diligence in the Contractor’s performance of the Work attributable to the
Change Directive shall be borne by the Contractor.
6.3.9 The Contractor shall keep full and detailed accounts and records necessary for the documentation of the cost of performing the
Work attributable to the Change Directive and shall provide the Consultant with copies thereof.
6.3.10 For the purpose of valuing Change Directives, the Owner shall be afforded reasonable access to all of the Contractor’s pertinent
documents related to the cost of performing the Work attributable to the Change Directive.
6.3.11 Pending determination of the final amount of a Change Directive, the undisputed value of the Work performed as the result of
a Change Directive is eligible to be included in progress payments.
6.3.12 If the Owner and the Contractor do not agree on the proposed adjustment in the Contract Time attributable to the change in the
Work, or the method of determining it, the adjustment shall be referred to the Consultant for a finding.
6.3.13 When the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this
agreement shall be recorded in a Change Order.
GC 6.4 CONCEALED OR UNKNOWN CONDITIONS
6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are:
.1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work and differ
materially from those indicated in the Contract Documents; or
.2 physical conditions, other than conditions due to weather, that are of a nature which differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract
Documents,
then the observing party shall give Notice in Writing to the other party of such conditions before they are disturbed and in no
event later than 5 Working Days after first observance of the conditions.
6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ
materially and this would cause an increase or decrease in the Contractor’s cost or time to perform the Work, the Owner,
through the Consultant, shall issue appropriate instructions for a change in the Work as provided in GC 6.2 – CHANGE ORDER
or GC 6.3 – CHANGE DIRECTIVE.
6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract
Price or the Contract Time is justified, the Consultant will promptly inform the Owner and the Contractor in writing.
6.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials, artifacts and fossils, or mould,
the parties will be governed by the provisions of GC 9.2 – TOXIC AND HAZARDOUS SUBSTANCES, GC 9.3 – ARTIFACTS
AND FOSSILS and GC 9.5 – MOULD.
GC 6.5 DELAYS
6.5.1 If the Contractor is delayed in the performance of the Work by the Owner, the Consultant, or anyone employed or engaged by
them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for
such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be
reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay.
6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority
and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged
by the Contractor directly or indirectly, resulting in the failure of the Contractor to attain Ready-for-Takeover by the date
stipulated in Article A-1 of the Agreement – THE WORK, then the Contract Time shall be extended for such reasonable time
as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for
reasonable costs incurred by the Contractor as the result of such delay.
6.5.3 If the Contractor is delayed in the performance of the Work by:
.1 labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized
contractors’ association, of which the Contractor is a member or to which the Contractor is otherwise bound),
.2 fire, unusual delay by common carriers or unavoidable casualties,
.3 abnormally adverse weather conditions, or
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.4 any cause beyond the Contractor’s control other than one resulting from a default or breach of Contract by the Contractor,
then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with
the Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless
the Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such
delays unless such delays result from actions by the Owner, the Consultant or anyone employed or engaged by them
directly or indirectly.
6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10
Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in Writing
shall be necessary.
6.5.5 If no schedule is made under paragraph 2.2.12 of GC 2.2 – ROLE OF THE CONSULTANT, then no request for extension
shall be made because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such
instructions has been made.
GC 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE
6.6.1 If the Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a claim against
the Contractor for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of
intent to claim to the other party and to the Consultant.
6.6.2 Upon commencement of the event or series of events giving rise to a claim, the party intending to make the claim shall:
.1 take all reasonable measures to mitigate any loss or expense which may be incurred as a result of such event or series of
events, and
.2 keep such records as may be necessary to support the claim.
6.6.3 The party making the claim shall submit within a reasonable time to the Consultant a detailed account of the amount claimed
and the grounds upon which the claim is based and the Consultant will make a finding upon such claim.
6.6.4 Where the event or series of events giving rise to the claim has a continuing effect, the detailed account submitted under
paragraph 6.6.3 shall be considered to be an interim account and the party making the claim shall, at such intervals as the
Consultant may reasonably require, submit further interim accounts giving the accumulated amount of the claim and any further
grounds upon which it is based. The party making the claim shall submit a final account after the end of the effects resulting
from the event or series of events.
6.6.5 The Consultant’s findings, with respect to a claim made by either party, will be given by Notice in Writing to both parties
within 30 Working Days after receipt of the claim by the Consultant, or within such other time period as may be agreed by the
parties.
6.6.6 If such finding is not acceptable to either party, the claim shall be settled in accordance with Part 8 of the General Conditions
– DISPUTE RESOLUTION.
PART 7 DEFAULT NOTICE
GC 7.1 OWNER’S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR’S RIGHT TO CONTINUE
WITH THE WORK OR TERMINATE THE CONTRACT
7.1.1 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor’s
insolvency, or if a receiver is appointed because of the Contractor’s insolvency, the Owner may, without prejudice to any other
right or remedy the Owner may have, terminate the Contractor’s right to continue with the Work, by giving the Contractor or
receiver or trustee in bankruptcy Notice in Writing to that effect.
7.1.2 If the Contractor neglects to perform the Work properly or otherwise fails to comply with the requirements of the Contract to
a substantial degree and if the Consultant has given a written statement to the Owner and Contractor which provides the detail
of such neglect to perform the Work properly or such failure to comply with the requirements of the Contract to a substantial
degree, the Owner may, without prejudice to any other right or remedy the Owner may have, give the Contractor Notice in
Writing, containing particulars of the default including references to applicable provisions of the Contract, that the Contractor is
in default of the Contractor’s contractual obligations and instruct the Contractor to correct the default in the 5 Working Days
immediately following the receipt of such Notice in Writing.
7.1.3 If the default cannot be corrected in the 5 Working Days specified or in such other time period as may be subsequently agreed
in writing by the parties, the Contractor shall be in compliance with the Owner’s instructions if the Contractor:
.1 commences the correction of the default within the specified time,
.2 provides the Owner with an acceptable schedule for such correction, and
.3 corrects the default in accordance with the Contract terms and with such schedule.
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7.1.4 If the Contractor fails to correct the default in the time specified or in such other time period as may be subsequently agreed in
writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may by giving Notice in
Writing:
.1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor for the Work
provided the Consultant has certified such cost to the Owner and the Contractor, or
.2 terminate the Contractor’s right to continue with the Work in whole or in part or terminate the Contract.
7.1.5 If the Owner terminates the Contractor’s right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner
shall be entitled to:
.1 take possession of the Work and Products at the Place of the Work; subject to the rights of third parties, utilize the
Construction Equipment at the Place of the Work; finish the Work by whatever method the Owner may consider expedient,
but without undue delay or expense,
.2 withhold further payment to the Contractor until a final certificate for payment is issued,
.3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including
compensation to the Consultant for the Consultant’s additional services and a reasonable allowance as determined by the
Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 –
WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than
the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and
.4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor’s
work under GC 12.3 – WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections
is less than the allowance, pay the Contractor the difference.
7.1.6 The Contractor’s obligation under the Contract as to quality, correction and warranty of the work performed by the Contractor
up to the time of termination shall continue in force after such termination of the Contract.
GC 7.2 CONTRACTOR’S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT
7.2.1 If the Owner is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner’s
insolvency, or if a receiver is appointed because of the Owner’s insolvency, the Contractor may, without prejudice to any other
right or remedy the Contractor may have, terminate the Contract by giving the Owner or receiver or trustee in bankruptcy
Notice in Writing to that effect.
7.2.2 If the Work is suspended or otherwise delayed for a period of 20 Working Days or more under an order of a court or other
public authority and providing that such order was not issued as the result of an act or fault of the Contractor or of anyone
directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or
remedy the Contractor may have, terminate the Contract by giving the Owner Notice in Writing to that effect.
7.2.3 The Contractor may give Notice in Writing to the Owner, with a copy to the Consultant, that the Owner is in default of the
Owner’s contractual obligations if:
.1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have
been made to fulfill the Owner’s obligations under the Contract,
.2 the Consultant fails to issue a certificate as provided in Part 5 of the General Conditions – PAYMENT,
.3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by adjudication,
arbitration or court, or
.4 the Owner fails to comply with the requirements of the Contract to a substantial degree and the Consultant, except for
GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER, gives a written statement to the Owner and
the Contractor that provides detail of such failure to comply with the requirements of the Contract to a substantial degree.
7.2.4 The Contractor’s Notice in Writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected
within 5 Working Days following the receipt of the Notice in Writing, the Contractor may, without prejudice to any other right
or remedy the Contractor may have, suspend the Work or terminate the Contract.
7.2.5 If the Contractor terminates the Contract by giving a Notice in Writing to the Owner under the conditions set out above, the
Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and
Construction Equipment, and such other damages as the Contractor may have sustained as a result of the termination of the
Contract.
PART 8 DISPUTE RESOLUTION
GC 8.1 AUTHORITY OF THE CONSULTANT
8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any
failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved
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in the first instance by findings of the Consultant as provided in GC 2.2 – ROLE OF THE CONSULTANT, shall be settled in
accordance with the requirements of Part 8 of the General Conditions – DISPUTE RESOLUTION.
8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to
make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.3.3 to 8.3.8 of GC 8.3 – NEGOTIATION,
MEDIATION AND ARBITRATION, and in GC 8.4 – RETENTION OF RIGHTS apply to that dispute with the necessary
changes to detail as may be required.
8.1.3 If a dispute is not resolved promptly, the Consultant will give such instructions as in the Consultant’s opinion are necessary
for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act
immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the
party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents,
the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor
was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including
costs resulting from interruption of the Work.
GC 8.2 ADJUDICATION
8.2.1 Nothing in this Contract shall be deemed to affect the rights of the parties to resolve any dispute by adjudication as may be
prescribed by applicable legislation.
GC 8.3 NEGOTIATION, MEDIATION AND ARBITRATION
8.3.1 In accordance with the rules for mediation as provided in CCDC 40 ‘Rules for Mediation and Arbitration of Construction
Industry Disputes’ in effect at the time of bid closing, the parties shall appoint a Project Mediator
.1 within 20 Working Days after the Contract was awarded, or
.2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by
Notice in Writing requests that the Project Mediator be appointed.
8.3.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 – ROLE OF THE
CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter
dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a Notice in Writing of
dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant
provisions of the Contract Documents. The responding party shall send a Notice in Writing of reply to the dispute within 10
Working Days after receipt of such Notice in Writing setting out particulars of this response and any relevant provisions of the
Contract Documents.
8.3.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without
prejudice, frank, candid, and timely disclosure of relevant facts, information and documents to facilitate these negotiations.
8.3.4 After a period of 10 Working Days following receipt of a responding party’s Notice in Writing of reply under paragraph 8.3.2,
the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated
negotiations shall be conducted in accordance with the rules for mediation as provided in CCDC 40 in effect at the time of bid
closing.
8.3.5 If the dispute has not been resolved at the mediation or within such further period as is agreed by the parties, the Project
Mediator will terminate the mediated negotiations by giving Notice in Writing to the Owner, the Contractor and the Consultant.
8.3.6 By giving a Notice in Writing to the other party and the Consultant, not later than 10 Working Days after the date of termination
of the mediated negotiations under paragraph 8.3.5, either party may refer the dispute to be finally resolved by arbitration under
the rules of arbitration as provided in CCDC 40 in effect at the time of bid closing. The arbitration shall be conducted in the
jurisdiction of the Place of the Work.
8.3.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.3.6 is not binding on the parties and, if a
Notice in Writing is not given under paragraph 8.3.6 within the required time, the parties may refer the unresolved dispute to
the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use.
8.3.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in
paragraph 8.3.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in
paragraph 8.3.6 shall be:
.1 held in abeyance until:
(1) Ready-for-Takeover,
(2) the Contract has been terminated, or
(3) the Contractor has abandoned the Work,
whichever is earlier; and
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.2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.3.6.
GC 8.4 RETENTION OF RIGHTS
8.4.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the
party has given the Notice in Writing required under Part 8 of the General Conditions – DISPUTE RESOLUTION and has
carried out the instructions as provided in paragraph 8.1.3 of GC 8.1 – AUTHORITY OF THE CONSULTANT.
8.4.2 Nothing in Part 8 of the General Conditions – DISPUTE RESOLUTION shall be construed in any way to limit a party from
asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the
assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have
under paragraph 8.3.6 of GC 8.3 – NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to
adjudicate the merits of the claim upon which such a lien is based.
PART 9 PROTECTION OF PERSONS AND PROPERTY
GC 9.1 PROTECTION OF WORK AND PROPERTY
9.1.1 The Contractor shall protect the Work, the Owner’s property and property adjacent to the Place of the Work from damage
which may arise as the result of the Contractor’s operations under the Contract, and shall be responsible for such damage,
except damage which occurs as the result of:
.1 errors or omissions in the Contract Documents; or
.2 acts or omissions by the Owner, the Consultant, Other Contractors, or their agents and employees.
9.1.2 Before commencing any work, the Contractor shall determine the location of all underground utilities and structures indicated
in the Contract Documents or that are reasonably apparent in an inspection of the Place of the Work.
9.1.3 Should the Contractor in the performance of the Contract damage the Work, the Owner’s property or property adjacent to the
Place of the Work, the Contractor shall be responsible for making good such damage at the Contractor’s expense.
9.1.4 Should damage occur to the Work or the Owner’s property for which the Contractor is not responsible, as provided in paragraph
9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner’s property. The
Contract Price and Contract Time shall be adjusted as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC
6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.
GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES
9.2.1 For the purposes of applicable legislation related to toxic and hazardous substances, the Owner shall be deemed to have control
and management of the Place of the Work with respect to existing conditions.
9.2.2 Prior to the Contractor commencing the Work, the Owner shall,
.1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and
.2 provide the Consultant and the Contractor with a written list of any such substances that are known to exist and their
locations.
9.2.3 The Owner shall take all reasonable steps to ensure that no person’s exposure to any toxic or hazardous substance exceeds the
time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed
as a result of exposure to, or the presence of, toxic or hazardous substances which were at the Place of the Work prior to the
Contractor commencing the Work.
9.2.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance
with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless any toxic or
hazardous substance which was present at the Place of the Work prior to the Contractor commencing the Work.
9.2.5 If the Contractor
.1 encounters toxic or hazardous substances at the Place of the Work, or
.2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work,
which were not brought to the Place of the Work by the Contractor or anyone for whom the Contractor is responsible and
which were not disclosed by the Owner or which were disclosed but have not been dealt with as required under paragraph
9.2.4, the Contractor shall
.3 take all reasonable steps, including stopping the Work, to ensure that no person’s exposure to any toxic or hazardous
substance exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and
.4 immediately report the circumstances to the Consultant and the Owner in writing.
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9.2.6 If the Owner and the Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were
brought onto the Place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall retain
and pay for an independent qualified expert to investigate and determine such matters. The expert’s report shall be delivered to
the Owner and the Contractor.
9.2.7 If the Owner and the Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous
substances were not brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the
Owner shall promptly at the Owner’s own expense:
.1 take all steps as required under paragraph 9.2.4;
.2 reimburse the Contractor for the costs of all steps taken pursuant to paragraph 9.2.5;
.3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor
and the expert referred to in 9.2.6 and reimburse the Contractor for reasonable costs incurred as a result of the delay; and
.4 indemnify the Contractor as required by GC 13.1 – INDEMNIFICATION.
9.2.8 If the Owner and the Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous
substances were brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the
Contractor shall promptly at the Contractor’s own expense:
.1 take all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to safely remove and
dispose the toxic or hazardous substances;
.2 make good any damage to the Work, the Owner’s property or property adjacent to the place of the Work as provided in
paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY;
.3 reimburse the Owner for reasonable costs incurred under paragraph 9.2.6; and
.4 indemnify the Owner as required by GC 13.1 – INDEMNIFICATION.
9.2.9 If either party does not accept the expert’s findings under paragraph 9.2.6, the disagreement shall be settled in accordance with
Part 8 of the General Conditions – DISPUTE RESOLUTION. If such disagreement is not resolved promptly, the parties shall act
immediately in accordance with the expert’s determination and take the steps required by paragraph 9.2.7 or 9.2.8 it being
understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2
– TOXIC AND HAZARDOUS SUBSTANCES.
GC 9.3 ARTIFACTS AND FOSSILS
9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered
at the Place or Work shall, as between the Owner and the Contractor, be deemed to be the absolute property of the Owner.
9.3.2 The Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph
9.3.1, and shall advise the Consultant upon discovery of such items.
9.3.3 The Consultant will investigate the impact on the Work of the discoveries identified in paragraph 9.3.1. If conditions are found
that would cause an increase or decrease in the Contractor’s cost or time to perform the Work, the Owner, through the
Consultant, shall issue appropriate instructions for a change in the Work as provided in GC 6.2 – CHANGE ORDER or GC
6.3 – CHANGE DIRECTIVE.
GC 9.4 CONSTRUCTION SAFETY
9.4.1 The Contractor shall be responsible for establishing, initiating, maintaining, and supervising all health and safety precautions
and programs in connection with the performance of the Work in accordance with the applicable health and safety legislation.
9.4.2 The Owner and the Contractor shall comply with all health and safety precautions and programs established at the Place of the
Work.
9.4.3 The Owner and the Contractor shall comply with the rules, regulations and practices required by the applicable health and
safety legislation.
9.4.4 The Owner shall cause the Consultant, Other Contractors and the Owner’s own forces to comply with all health and safety
precautions and programs established by the Contractor at the Place of the Work.
9.4.5 Nothing in this Contract shall affect the determination of liability under the applicable health and safety legislation.
GC 9.5 MOULD
9.5.1 If the Contractor or the Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation
of which is not expressly part of the Work,
.1 the observing party shall promptly report the circumstances to the other party in writing,
.2 the Contractor shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person
suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, and
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.3 if the Owner and the Contractor do not agree on the existence, significance or cause of the mould or as to what steps need be
taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such
matters. The expert’s report shall be delivered to the Owner and the Contractor.
9.5.2 If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was
caused by the Contractor’s operations under the Contract, the Contractor shall promptly, at the Contractor’s own expense:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould,
.2 make good any damage to the Work, the Owner’s property or property adjacent to the Place of the Work as provided in
paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY,
.3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and
.4 indemnify the Owner as required by GC 13.1 – INDEMNIFICATION.
9.5.3 If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was
not caused by the Contractor’s operations under the Contract, the Owner shall promptly, at the Owner’s own expense:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould,
.2 reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1.2 and making good any damage to the Work
as provided in paragraph 9.1.4 of GC 9.1 – PROTECTION OF WORK AND PROPERTY,
.3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor
and the expert referred to in paragraph 9.5.1.3 and reimburse the Contractor for reasonable costs incurred as a result of the
delay, and
.4 indemnify the Contractor as required by GC 13.1 – INDEMNIFICATION.
9.5.4 If either party does not accept the expert’s finding under paragraph 9.5.1.3, the disagreement shall be settled in accordance with
Part 8 of the General Conditions – DISPUTE RESOLUTION. If such disagreement is not resolved promptly, the parties shall act
immediately in accordance with the expert’s determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being
understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC 9.5 –
MOULD.
PART 10 GOVERNING REGULATIONS
GC 10.1 TAXES AND DUTIES
10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added
Taxes payable by the Owner to the Contractor as stipulated in Article A-4 of the Agreement – CONTRACT PRICE.
10.1.2 Any increase or decrease in costs to the Contractor due to changes in taxes and duties after the time of the bid closing shall
increase or decrease the Contract Price accordingly.
GC 10.2 LAWS, NOTICES, PERMITS, AND FEES
10.2.1 The laws of the Place of the Work shall govern the Work.
10.2.2 The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all
other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract
Documents specify as the responsibility of the Contractor.
10.2.3 The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for
the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance
of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their
procurement.
10.2.4 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or
become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to
construction safety.
10.2.5 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws,
ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent
to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require
modification to the Contract Documents, the Contractor shall advise the Consultant in writing requesting direction immediately
upon such variance or change becoming known. The Consultant will issue the changes required to the Contract Documents as
provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE
DIRECTIVE.
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10.2.6 If the Contractor fails to advise the Consultant in writing; fails to obtain direction as required in paragraph 10.2.5; and performs
work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for
and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply
with the provisions of such laws, ordinances, rules, regulations, or codes.
10.2.7 If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of
authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the
requirements of GC 6.6 – CLAIMS FOR A CHANGE IN CONTRACT PRICE.
GC 10.3 PATENT FEES
10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor
shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising
out of the Contractor’s performance of the Contract which are attributable to an infringement or an alleged infringement of a
patent of invention by the Contractor or anyone for whose acts the Contractor may be liable.
10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings
arising out of the Contractor’s performance of the Contract which are attributable to an infringement or an alleged infringement
of a patent of invention in executing anything for the purpose of the Contract, the physical model, plan or design of which was
supplied to the Contractor as part of the Contract.
GC 10.4 WORKERS’ COMPENSATION
10.4.1 Prior to commencing the Work, and again with the Contractor’s applications for payment, the Contractor shall provide evidence
of compliance with workers’ compensation legislation at the Place of the Work.
PART 11 INSURANCE
GC 11.1 INSURANCE
11.1.1 Without restricting the generality of GC 13.1 – INDEMNIFICATION, the Contractor shall provide, maintain and pay for the
following insurance coverages, the requirements of which are specified in CCDC 41 ‘CCDC Insurance Requirements’ in effect at
the time of bid closing except as hereinafter provided:
.1 General liability insurance in the name of the Contractor and include, or in the case of a single, blanket policy, be endorsed
to name, the Owner and the Consultant as insureds but only with respect to liability, other than legal liability arising out
of their sole negligence, arising out of the operations of the Contractor with regard to the Work. General liability insurance
shall be maintained from the date of commencement of the Work until one year from the date of Ready-for-Takeover.
Liability coverage shall be provided for completed operations hazards from the date of Ready-for-Takeover on an ongoing
basis for a period of 6 years following Ready-for-Takeover.
.2 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Ready-for-
Takeover.
.3 Unmanned aerial vehicle aircraft, manned aircraft or watercraft Liability Insurance when owned or non-owned manned or
unmanned aircraft or watercraft are used directly or indirectly in the performance of the Work.
.4 "Broad form" property insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall
include as insureds all Subcontractors. The “Broad form” property insurance shall be provided from the date of
commencement of the Work until the earliest of:
(1) 10 calendar days after the date of Ready-for-Takeover;
(2) on the commencement of use or occupancy of any part or section of the Work unless such use or occupancy is for
construction purposes, habitational, office, banking, convenience store under 465 square metres in area, or parking
purposes, or for the installation, testing and commissioning of equipment forming part of the Work; and
(3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more
than 30 consecutive calendar days.
.5 Boiler and machinery insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall
include as insureds all Subcontractors. The coverage shall be maintained continuously from commencement of use or
operation of the boiler and machinery objects insured by the policy and until 10 calendar days after the date of Ready-for-
Takeover.
.6 The “Broad form” property and boiler and machinery policies shall provide that, in the case of a loss or damage, payment
shall be made to the Owner and the Contractor as their respective interests may appear. In the event of loss or damage:
(1) the Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to
restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except
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that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or
damage as the Consultant may recommend in consultation with the Contractor;
(2) the Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the
amount which the Owner’s interest in restoration of the Work has been appraised, such amount to be paid as the
restoration of the Work proceeds in accordance with the progress payment provisions. In addition the Contractor shall
be entitled to receive from the payments made by the insurer the amount of the Contractor’s interest in the restoration
of the Work; and
(3) to the Work arising from the work of the Owner, the Owner’s own forces or Other Contractors, the Owner shall, in
accordance with the Owner’s obligations under the provisions relating to construction by the Owner or Other
Contractors, pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in
accordance with the progress payment provisions.
.7 Contractors’ Equipment Insurance from the date of commencement of the Work until one year after the date of Ready-for-
Takeover.
.8 Contractors’ Pollution Liability Insurance from the date of commencement of the Work until one year after the date of
Ready-for-Takeover.
11.1.2 Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance,
the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the
policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to
the Work.
11.1.3 The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any loss for
which the above policies are required to pay, except where such amounts may be excluded by the terms of the Contract.
11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the
right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay
the cost thereof to the Owner on demand or the Owner may deduct the cost from the amount which is due or may become due to
the Contractor.
11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work.
11.1.6 If a revised version of CCDC 41 is published, which specifies reduced insurance requirements, the parties shall address such
reduction, prior to the Contractor’s insurance policy becoming due for renewal, and record any agreement in a Change Order.
11.1.7 If a revised version of CCDC 41 is published, which specifies increased insurance requirements, the Owner may request the
increased coverage from the Contractor by way of a Change Order.
11.1.8 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41.
PART 12 OWNER TAKEOVER
GC 12.1 READY-FOR-TAKEOVER
12.1.1 The prerequisites to attaining Ready-for-Takeover of the Work are limited to the following:
.1 The Consultant has certified or verified the Substantial Performance of the Work.
.2 Evidence of compliance with the requirements for occupancy or occupancy permit as prescribed by the authorities having
jurisdiction.
.3 Final cleaning and waste removal at the time of applying for Ready-for-Takeover, as required by the Contract Documents.
.4 The delivery to the Owner of such operations and maintenance documents reasonably necessary for immediate operation
and maintenance, as required by the Contract Documents.
.5 Make available a copy of the as-built drawings completed to date on site.
.6 Startup, testing required for immediate occupancy, as required by the Contract Documents.
.7 Ability to secure access to the Work has been provided to the Owner, if required by the Contract Documents.
.8 Demonstration and training, as required by the Contract Documents, is scheduled by the Contractor acting reasonably.
12.1.2 If any prerequisites set forth in paragraphs 12.1.1.3 to 12.1.1.6 must be deferred because of conditions reasonably beyond the
control of the Contractor, or by agreement between the Owner and the Contractor to do so, Ready-for-Takeover shall not be
delayed.
12.1.3 When the Contractor considers that the Work is Ready-for-Takeover, the Contractor shall deliver to the Consultant and to the
Owner a comprehensive list of items to be completed or corrected, together with a written application for Ready-for-Takeover
for review. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract.
12.1.4 The Consultant will review the Work to verify the validity of the application and will promptly, and in any event, no later than
10 calendar days after receipt of the Contractor’s list and application:
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.1 advise the Contractor in writing that the Work is not Ready-for-Takeover and give reasons why, or
.2 confirm the date of Ready-for-Takeover in writing to each of the Owner and the Contractor.
12.1.5 Immediately following the confirmation of the date of Ready-for-Takeover, the Contractor, in consultation with the Consultant,
shall establish a reasonable date for finishing the Work.
12.1.6 The provision of GC 12.1 – READY-FOR-TAKEOVER shall be subject to GC 12.2 – EARLY OCCUPANCY BY THE
OWNER.
GC 12.2 EARLY OCCUPANCY BY THE OWNER
12.2.1 The Owner may take occupancy of a part or the entirety of the Work before Ready-for-Takeover has been attained only as
agreed by the Contractor which agreement shall not be unreasonably withheld.
12.2.2 The Owner shall not occupy a part or the entirety of the Work without prior approval by authorities having jurisdiction.
12.2.3 If the Owner takes occupancy of a part of the Work before Ready-for-Takeover has been attained:
.1 The part of the Work which is occupied shall be deemed to have been taken over by the Owner as from the date on which
it is occupied.
.2 The Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the
Owner.
.3 The warranty period specified in paragraph 12.3.1 of GC 12.3 – WARRANTY for that part of the Work shall start from the
date on which it is occupied.
12.2.4 If the Owner takes occupancy of the entirety of the Work before all the prerequisites are met as described in paragraph 12.1.1
of GC 12.1 – READY-FOR-TAKEOVER, the Work shall, subject to the requirements of the applicable lien legislation, be
deemed to achieve Ready-for-Takeover. This shall not relieve the Contractor’s responsibility to complete the Work in a timely
manner.
GC 12.3 WARRANTY
12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under the Contract is one year from the
date when Ready-for-Takeover has been attained.
12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract
Documents permit such performance.
12.3.3 The Owner, through the Consultant, shall promptly give the Contractor Notice in Writing of observed defects and deficiencies
which occur during the one year warranty period.
12.3.4 Subject to paragraph 12.3.2, the Contractor shall correct promptly, at the Contractor’s expense, defects or deficiencies in the
Work which appear prior to and during the one year warranty period.
12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.4.
12.3.6 Any extended warranties required beyond the one year warranty period as described in paragraph 12.3.1, shall be as specified
in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Owner. The Contractor’s
responsibility with respect to extended warranties shall be limited to obtaining any such extended warranties from the warrantor.
The obligations under such extended warranties are solely the responsibilities of the warrantor.
PART 13 INDEMNIFICATION AND WAIVER
GC 13.1 INDEMNIFICATION
13.1.1 Without restricting the parties’ obligation to indemnify respecting toxic and hazardous substances, patent fees and defect in title
claims all as described in paragraphs 13.1.4 and 13.1.5, the Owner and the Contractor shall each indemnify and hold harmless the
other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses
suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as
parties to this Contract, provided such claims are:
.1 caused by:
(1) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose negligent acts or
omissions that party is liable, or
(2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and
.2 made by Notice in Writing within a period of 6 years from the Ready-for-Takeover date or within such shorter period as may
be prescribed by any limitation statute of the Province or Territory of the Place of the Work.
The parties expressly waive the right to indemnity for claims other than those provided for in this Contract.
CCDC 2 – 2020 27
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
13.1.2 The obligation of either party to indemnify as set forth in paragraph 13.1.1 shall be limited as follows:
.1 In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by either party pursuant
to GC 11.1 – INSURANCE, the minimum liability insurance limit for one occurrence, of the applicable insurance policy, as
referred to in CCDC 41 in effect at the time of bid closing.
.2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either
party in accordance with GC 11.1 – INSURANCE, the greater of the Contract Price as recorded in Article A-4 – CONTRACT
PRICE or $2,000,000, but in no event shall the sum be greater than $20,000,000.
.3 In respect to indemnification by a party against the other with respect to losses suffered by them, such obligation shall be
restricted to direct loss and damage, and neither party shall have any liability to the other for indirect, consequential, punitive
or exemplary damages.
.4 In respect to indemnification respecting claims by third parties, the obligation to indemnify is without limit.
13.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 13.1.1 and 13.1.2 shall be inclusive of interest and
all legal costs.
13.1.4 The Owner and the Contractor shall indemnify and hold harmless the other from and against all claims, demands, losses, costs,
damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2 – TOXIC AND HAZARDOUS
SUBSTANCES.
13.1.5 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages,
actions, suits, or proceedings:
.1 as described in paragraph 10.3.2 of GC 10.3 – PATENT FEES, and
.2 arising out of the Contractor’s performance of the Contract which are attributable to a lack of or defect in title or an alleged
lack of or defect in title to the Place of the Work.
13.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Contractor:
.1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based become
known; and
.2 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order, judgment or
award made against the party entitled by this contract to be indemnified, then the indemnifying party upon assuming all
liability for any costs that might result shall have the right to appeal in the name of the party against whom such final order
or judgment has been made until such rights of appeal have been exhausted.
GC 13.2 WAIVER OF CLAIMS
13.2.1 Subject to any lien legislation applicable to the Place of the Work, the Contractor waives and releases the Owner from all claims
which the Contractor has or reasonably ought to have knowledge of that could be advanced by the Contractor against the Owner
under the Contract, including, without limitation, those arising from negligence or breach of contract in respect to which the cause
of action is based upon acts or omissions which occurred prior to or on the Ready-for-Takeover date, except as follows:
.1 claims arising prior to or on the Ready-for-Takeover date for which Notice in Writing of claim has been received by the Owner
from the Contractor no later than 5 calendar days before the expiry of the lien period provided by the lien legislation applicable
at the Place of the Work or 20 calendar days following the Ready-for-Takeover date, whichever is later;
.2 indemnification for claims advanced against the Contractor by third parties for which a right of indemnification may be
asserted by the Contractor against the Owner pursuant to the provisions of this Contract;
.3 claims respecting toxic and hazardous substances, patent fees and defect in title matters for which a right of indemnity could
be asserted by the Contractor pursuant to the provisions of paragraphs 13.1.4 or 13.1.5 of GC 13.1 – INDEMNIFICATION;
and
.4 claims resulting from acts or omissions which occur after the Ready-for-Takeover date.
13.2.2 The Contractor waives and releases the Owner from all claims resulting from acts or omissions which occurred after the Ready-
for-Takeover date except for:
.1 indemnification respecting third party claims, and claims respecting toxic and hazardous substances, patent fees and defect in
title matters, all as referred in paragraphs 13.2.1.2 and 13.2.1.3; and
.2 claims for which Notice in Writing of claim has been received by the Owner from the Contractor within 395 calendar days
following the Ready-for-Takeover date.
13.2.3 Subject to any lien legislation applicable to the Place of the Work, the Owner waives and releases the Contractor from all claims
which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against the Contractor under
the Contract, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of
action is based upon acts or omissions which occurred prior to or on the Ready-for-Takeover date, except as follows:
.1 claims arising prior to or on the Ready-for-Takeover date for which Notice in Writing of claim has been received by the
Contractor from the Owner no later than 20 calendar days following the Ready-for-Takeover date;
CCDC 2 – 2020 28
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.2 indemnification for claims advanced against the Owner by third parties for which a right of indemnification may be asserted
by the Owner against the Contractor pursuant to the provisions of this Contract;
.3 claims respecting toxic and hazardous substances for which a right of indemnity could be asserted by the Owner against the
Contractor pursuant to the provisions of paragraph 13.1.4 of GC 13.1 – INDEMNIFICATION;
.4 damages arising from the Contractor’s actions which result in substantial defects or deficiencies in the Work. “Substantial
defects or deficiencies” mean those defects or deficiencies in the Work which affect the Work to such an extent or in such a
manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents;
.5 claims arising pursuant to GC 12.3 – WARRANTY; and
.6 claims arising from acts or omissions which occur after the Ready-for-Takeover date.
13.2.4 Respecting claims arising upon substantial defects and deficiencies in the Work, as referenced in paragraph 13.2.3.4, and
notwithstanding paragraph 13.2.3.5, the Owner waives and releases the Contractor from all claims except claims for which Notice
in Writing of claim has been received by the Contractor from the Owner within a period of six years from the Ready-for-Takeover
date, provided that any limitation statute of the Province or Territory of the Place of the Work permit such agreement. If the
applicable limitation statute does not permit such agreement, the time within which any such claim may be brought shall be such
shorter period as may be prescribed by any limitation statute of the Province or Territory of the Place of the Work.
13.2.5 The Owner waives and releases the Contractor from all claims arising from acts or omissions which occur after the Ready-for-
Takeover date, except for:
.1 indemnification for claims advanced against the Owner by third parties, as referenced in paragraph 13.2.3.2;
.2 claims respecting toxic and hazardous substances for which a right of indemnity could be asserted by the Owner against the
Contractor, as referenced in paragraph 13.2.3.3;
.3 claims arising under GC 12.3 – WARRANTY; and
.4 claims for which Notice is Writing has been received by the Contractor from the Owner within 395 calendar days following
the Ready-for-Takeover date.
13.2.6 “Notice in Writing of claim” as provided for in GC 13.2 – WAIVER OF CLAIMS to preserve a claim or right of action which
would otherwise, by the provisions of GC 13.2 – WAIVER OF CLAIMS, be deemed to be waived, must include the following:
.1 a clear and unequivocal statement of an intention to claim;
.2 a statement as to the nature of the claim and the grounds upon which the claim is based; and
.3 a statement of the estimated quantum of the claim.
13.2.7 A claim for lien asserted under the lien legislation prevailing at the Place of the Work shall qualify as notice of claim for the
purposes of this Contract.
13.2.8 The party giving the Notice in Writing of claim as provided for in GC 13.2 – WAIVER OF CLAIMS shall submit within a
reasonable time a detailed account of the amount claimed.
13.2.9 Where the event or series of events giving rise to a claim made under paragraphs 13.2.1 or 13.2.3 has a continuing effect, the
detailed account submitted under paragraph 13.2.8 shall be considered to be an interim account and the party making the claim
shall submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds
upon which such claim is based. The party making the claim shall submit a final account after the end of the effects resulting from
the event or series of events.
13.2.10 Nothing in GC 13.2 – WAIVER OF CLAIMS shall be deemed to affect the rights of the parties under any lien legislation or
limitations legislation prevailing at the Place of the Work.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z818-2025
WEBER 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 4” by changing the zoning symbol on the lands from ‘Agricultural (A1)’
Zone to a ‘Site-Specific Farm Commercial (FC-2)’ Zone, which lands are outlined in heavy solid lines and marked “FC-2” on Schedule ‘A, Map 4’ to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 13.10 Exceptions – Farm Commercial (FC) Zone by adding the following clauses: 13.10.1 Defined Area FC-2, being a defined area of 5,329m2 as shown on Schedule ‘A, Map 4’ to this By-law. 13.10.2 Minimum Lot Frontage Notwithstanding the provisions of Section 13.3 of this By-law, a Lot Frontage of 20.7 metres shall be permitted
3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 20th DAY OF NOVEMBER 2025. READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF NOVEMBER 2025.
_____________________________ _____________________________ MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-069
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD NOVEMBER 20, 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 November 20, 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 20th
DAY OF NOVEMBER, 2025.
____________________________ _____________________________
MAYOR CLERK