County of Haliburtoncounty

County of Haliburton County Council Agenda Wednesday, January 23, 2013

9:00 o'clock a.m. County Council Chambers

Page 1 WARDEN'S OPENING REMARKS

2 ADOPTION OF AGENDA

3 DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

4 ADOPTION OF MINUTES OF PREVIOUS COUNCIL MEETING

4 - 17 December 11, 2012 and December 12, 2012 meetings of Haliburton County Council

5 BUSINESS ARISING FROM THE PREVIOUS MEETING

6 DELEGATIONS

18 - 25 Sue Shikaze, Health Promoter HKPR District Health Unit. Re: Requesting County Support to HKPR District Health Unit response to draft Ontario Cycling Strategy

7 PUBLIC MEETING

26 - 27 Plan File No. 46-T-12003 (Timed Item to start no earlier than 9:30 a.m.)

8 APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE ROADS COMMITTEE

28 - 29 January 9, 2013 Recommendations

9 APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE EMERGENCY SERVICES COMMITTEE

30 January 9, 2013 Recommendations

10 APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE TOURISM DEVELOPMENT COMMITTEE

31 January 9, 2013 Recommendations

11 APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE FINANCE AND CORRESPONDENCE COMMITTEE

32 - 33 January 9, 2013 Recommendations

12 APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE PERSONNEL County of Haliburton January 23, 2013 Page COMMITTEE

34 January 9, 2013 Recommendations

13 APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE JOINT ACCESSIBILITY COMMITTEE

14 PLANNING AND ENVIRONMENT

35 December 12, 2012 Planning Committee Recommendations

36 - 43 Planning Status Report

44 - 48 Housing Study Update

49 - 51 Frost Centre Severance Application Update

15 ADMINISTRATION REPORTS

52 - 59 County of Haliburton Health and Safety Policy Statement

60 - 61 Tourism Development Committee Structure

Municipal Infrastructure Investment Initiative Asset Management Programme Grant Application CRM:0068094 (verbal)

62 - 64 Haliburton County Rail Trail Corridor Monthly Status Report

65 - 66 Draft 2013 Haliburton County Rail Trail Corridor Budget

67 - 68 Draft 2013 Forestry Conservation and Bylaw Enforcement Budget

69 - 92 Requests for 2013 Funding

93 - 98 Tariff of Fees for 2013

99 - 132 Draft 2013 County of Haliburton Budget (Complete Budget Document distributed separately)

16 REPORTS AND MINUTES FROM EXTERNAL BOARDS AND AGENCIES

A. Haliburton Kawartha Pine Ridge Health Unit

133 - 140

B. Point in Time – Centre for Children, Youth and Parents

C. Eastern Ontario Wardens’ Caucus

141 - 151

D. Kawartha Lakes-Haliburton Housing Corporation

E. Kawartha Lakes - Haliburton Joint Social and Housing Services Committee

152 - 154

F. Haliburton Highlands Health Services Professional Recruitment Committee

County of Haliburton January 23, 2013 Page 155 - 159

G. Algonquin Land Claim

160 - 294

H. County of Haliburton Library Board

295 - 305

I. County of Haliburton Land Division Committee

306 - 308 Year to Date Report and January 2013 Decisions

J. Other External Boards and Agencies

17 OTHER BUSINESS

309 County Calendar

310 - 311 Construction Industry Stakeholder Meeting

18 CLOSED SESSION

Closed Session to Discuss Personnel Matters

19 REPORT FROM CLOSED SESSION

20 BY-LAWS

312 BYLAW No. 3533 being a bylaw to amend County of Haliburton Bylaw No. 3387

313 BYLAW No. 3534 being a bylaw to appoint a County Weed Inspector for 2013

314 BYLAW No. 3535 being a bylaw to appoint a Head under The Municipal Freedom of Information and Protection of Privacy Act

315 BYLAW No. 3536 being a bylaw to authorize the execution of an agreement with Melannie Lewis

316 - 320 BYLAW 3537 being a bylaw to establish a tariff of fees

21 NOTICE OF MOTIONS

22 CONFIRMING BYLAW

321 BYLAW No. 3538 being a bylaw to confirm the proceedings of Haliburton County Council

23 ADJOURNMENT

County of Haliburton Special Meeting of County Council Minutes Tuesday, December 11, 2012

The Council of the Corporation of the County of Haliburton convened a Special meeting on Tuesday, December 11, 2012 at 7:00 p.m. in the County Council Chambers with the following in attendance:

Council: Councillor Murray Fearrey Reeve Dysart et al Councillor Bill Davis Deputy Reeve Dysart et al Councillor Dave Burton Reeve Highlands East Councillor Suzanne Partridge Deputy Reeve Highlands East Councillor Barbara Reid Reeve Minden Hills Councillor Cheryl Murdoch Deputy Reeve Minden Hills Councillor Carol Moffatt Reeve Algonquin Highlands Councillor Liz Danielsen Deputy Reeve Algonquin Highlands

Staff: Jim Wilson CAO/County Clerk Angela Balle Deputy Clerk Laura Janke County Treasurer Jane Tousaw Director of Planning Doug Ray Director of Public Works Pat Kennedy Director of EMS Evelyn Fenwick Director of Human Resources

WELCOME AND INTRODUCTIONS Jim Wilson, CAO/County Clerk, welcomed everyone to the meeting and introduced the members of Haliburton County Council.

INVOCATION Rev Bev Hicks, Pastor Northland Faith Church, provided the invocation to members of County Council, staff and visitors.

REVIEW OF PROCEDURES ON ELECTION OF A WARDEN The CAO reviewed that portion of County of Haliburton Bylaw No. 3419, which sets out the procedure for the election of a Warden by members of County Council in each year of its term.

NOMINATIONS FOR WARDEN The CAO opened the floor for nominations for the office of Warden for the 2013 term of Haliburton County Council. Councillor Danielsen opened the nominations, nominating Councillor Carol Moffatt to the positions of Warden for the coming term.

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Motion No. R 333 2012 Moved by: Councillor Liz Danielsen; Seconded by: Councillor Dave Burton Be it resolved that Councillor Carol Moffatt be nominated to the position of Warden for 2013. CARRIED

ELECTION AND DECLARATION OF RESULTS The CAO called for further nominations three times and with no further nominations coming forward called for a resolution to close nominations.

Motion No. R 334 2012 Moved by: Councillor Murray Fearrey; Seconded by: Councillor Dave Burton Be it resolved that nominations for position of Warden be closed. CARRIED

Councillor Moffatt accepted the nomination and the CAO/County Clerk declared Councillor Carol Moffatt as the Warden for Haliburton County for the year of 2013.

OATH OF OFFICE TAKEN BY WARDEN ELECT Warden elect Carol Moffatt came forward read and signed the Oath of Office with the Deputy Clerk.

PRESENTATION OF ROBE OF OFFICE FROM IMMEDIATE PAST WARDEN Past Warden, Councillor Murray Fearrey came forward and presented the Robe of Office to Warden Moffatt.

PRESENTATION OF WARDEN'S CHAIN OF OFFICE BY THE COUNTY CLERK The CAO/County Clerk presented Warden Moffatt with the Chain of Office.

WARDENS ADDRESS TO COUNTY COUNCIL AND INTRODUCTION OF SPECIAL GUESTS Warden Moffatt took the seat of Warden and thanked family, friends, staff and guests who attended the meeting. The Warden also thanked County Council for their support and outlined initiatives for 2013 including the promotion of Tourism and preservation of the natural resources in the County of Haliburton.

ADJOURNMENT The meeting adjourned at 7:34 p.m. and guests were invited to join Warden Moffatt for refreshments.

Motion No. R 335 2012 Moved by: Councillor Bill Davis; Seconded by: Councillor Cheryl Murdoch Be it resolved that the December 11, 2012 Special meeting of Haliburton County Council now adjourn. CARRIED

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Certified Correct

Carol Moffatt, Warden Jim Wilson, CAO/Clerk

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County of Haliburton County Council Minutes Wednesday, December 12, 2012

The Council of the Corporation of the County of Haliburton convened a meeting on Wednesday, December 12, 2012 at 9:00 a.m. in the County Council Chambers with the following in attendance:

Council: Warden Carol Moffatt Reeve Algonquin Highlands Councillor Liz Danielsen Deputy Reeve Algonquin Highlands Councillor Murray Fearrey Reeve Dysart et al Councillor Bill Davis Deputy Reeve Dysart et al Councillor Dave Burton Reeve Highlands East Councillor Suzanne Partridge Deputy Reeve Highlands East Councillor Barbara Reid Reeve Minden Hills Councillor Cheryl Murdoch Deputy Reeve Minden Hills

WARDEN'S OPENING REMARKS Warden Moffatt called the meeting to order at 9:00 a.m. thanking Council and staff for their work and support at the December 11, 2012 Inaugural Meeting.

ADOPTION OF AGENDA

Motion No. R 336 2012 Moved by: Councillor Bill Davis; Seconded by: Councillor Dave Burton Be it resolved that the December 12, 2012 Haliburton County Council Agenda be approved. CARRIED

DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF No member of Haliburton County Council declared any pecuniary interest.

ADOPTION OF MINUTES OF PREVIOUS COUNCIL MEETING The draft minutes of the November 28, 2012 meeting of Haliburton County Council were circulated for adoption.

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Motion No. R 337 2012 Moved by: Councillor Dave Burton; Seconded by: Councillor Murray Fearrey Be it resolved that the minutes of the November 28, 2012 meeting of Haliburton County Council be adopted as circulated. CARRIED

BUSINESS ARISING FROM THE PREVIOUS MEETING No business arising from the previous meeting. DELEGATIONS Janis Parker, Parker Pad & Printing Ltd. Re: 2013 Destination Guide Update Ms. Parker provided Haliburton County Council with an update on the 2013 Destination Guide. She requested input from County Council on the front cover display. Ms. Parker noted that the Guide would be released in January 2013.

Motion No. R 338 2012 Moved by: Councillor Murray Fearrey; Seconded by: Councillor Dave Burton Be it resolved that the presentation by Janis Parker, Parker Pad & Printing Ltd. providing an update on the 2013 Haliburton Highlands Destination Guide be received for information by Haliburton County Council. CARRIED

Peter Brady, Director Haliburton Highlands Chamber of Commerce Re: Request for funding Peter Brady and Eric Thompson, representing the Haliburton Highlands Chamber of Commerce, provided Haliburton County Council with an overview of their business plan to provide potential businesses “One Stop” shopping in Haliburton County. They noted that the process would be a cooperative initiative of all stakeholders. Mr. Brady requested $50,000 in annual funding for the 2-year programme from Haliburton County Council. Mr. Brady and Mr. Thompson would be making similar presentations to the four local municipal councils in the next few weeks.

Motion No. R 339 2012 Moved by: Councillor Liz Danielsen; Seconded by: Councillor Murray Fearrey Be it resolved that the December 12, 2012 presentation by Peter Brady, Director Haliburton Highlands Chamber of Commerce and Eric Thompson, President of Haliburton Highlands Chamber of Commerce be received for information by Haliburton County Council and that the request be referred to the 2013 County Budget deliberations. CARRIED

APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE ROADS COMMITTEE Monthly Status Reports The Director of Public Works provided Haliburton County Council with an overview of the operations and activities of the Public Works Department including submission of the final site plan agreement with Tim Horton’s and the draft sign bylaw. .

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Motion No. R 340 2012 Moved by: Councillor Dave Burton; Seconded by: Councillor Barb Reid Be it resolved that the Maintenance, Operations, Engineering and 9-1-1 Municipal Addressing Status Reports for December 2012 be received for information by Haliburton County Council. CARRIED

APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE EMERGENCY SERVICES COMMITTEE Emergency Management Annual Compliance Report The Director of Emergency Services reported that the Compliance Program for 2012 was completed and ready to be sent to Emergency Management Ontario. The Director advised that copies of the County’s Business Continuity Plan would be made available to each municipality upon request.

Motion No. R 341 2012 Moved by: Councillor Barb Reid; Seconded by: Councillor Dave Burton Be it resolved that the December 12, 2012 staff report on Emergency Management Annual Compliance be received by Haliburton County Council and that a copy of the report be submitted to Emergency Management Ontario. CARRIED

APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE TOURISM DEVELOPMENT COMMITTEE No Report

APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE FINANCE AND CORRESPONDENCE COMMITTEE Accounts Listing The Treasurer reported that the Finance and Correspondence Committee would review the accounts at their next meeting.

Cheque Register

Motion No. R 342 2012 Moved by: Councillor Barb Reid; Seconded by: Councillor Murray Fearrey Be it resolved that the Cheque Register Report for November 2012 in the amount of $555,129.73 be approved by Haliburton County Council. CARRIED

Payroll Register

Motion No. R 343 2012 Moved by: Councillor Cheryl Murdoch; Seconded by: Councillor Dave Burton Be it resolved that the December 2012 Payroll Register Report with net deposit of $321,842.01 be approved by Haliburton County Council. CARRIED

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Revenue and Expenditure Report for the Period Ending November 30, 2012

Motion No. R 344 2012 Moved by: Councillor Bill Davis; Seconded by: Councillor Liz Danielsen Be it resolved that the Revenue and Expenditure Report for the period ending November 30, 2012 be received for information by Haliburton County Council. CARRIED

Year End Transfers to Reserves The Treasurer provided an overview of the report circulated to Haliburton County Council including any potential year-end surplus. Doug Ray, Director of Public Works, provided Haliburton County Council with an overview of the activities in the Road Department including the winter maintenance reserves and roads capital spending projects that have come in under budget.

Motion No. R 345 2012 Moved by: Councillor Bill Davis; Seconded by: Councillor Liz Danielsen Be it resolved that the Staff Report on Reserve Allocations dated December 12, 2012 be received by Haliburton County Council and that the finalized 2012 Surplus or Deficit be placed in a reserve for Working Funds or deducted from the Reserve for Working Funds, the 2012 finalized surplus in social services be placed in the current Social Services and Housing Reserve and that the surplus in the 2012 Road Construction be reserved for use directly on new construction projects in 2013. CARRIED

Report on Ontario Municipal Partnership Fund 2013 Allocation County Council received a report on the 2013 allocation of funding under the Ontario Municipal Partnership Fund to the County and four local municipalities.

Motion No. R 346 2012 Moved by: Councillor Murray Fearrey; Seconded by: Councillor Bill Davis Be it resolved that the December 12, 2012 staff report on the Ontario Municipal Partnership Fund 2013 Allocation be received for information by Haliburton County Council. CARRIED

Report on Borrowing Bylaw for 2013 County Council received a report on the proposed Temporary Borrowing Bylaw for 2013.

Motion No. R 347 2012 Moved by: Councillor Murray Fearrey; Seconded by: Councillor Liz Danielsen Be it resolved that the staff report dated December 12, 2012 on a Temporary Borrowing Bylaw for 2013 be received by Haliburton County Council and that the necessary bylaw be presented for approval. CARRIED

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Signing Authority for 2013 County Council received a report on the proposed Signing Authority Bylaw for 2013.

Motion No. R 348 2012 Moved by: Councillor Murray Fearrey; Seconded by: Councillor Barb Reid Be it resolved that the December 12, 2012 staff report on County of Haliburton Signing Authority for 2013 be received by Haliburton County Council and that the necessary bylaw be presented for approval. CARRIED

Extension of Infrastructure Stimulus Fund Contribution Agreement County Council received a report on extending the existing Infrastructure Stimulus Fund Contribution Agreement to March 31, 2013.

Motion No. R 349 2012 Moved by: Councillor Cheryl Murdoch; Seconded by: Councillor Bill Davis Be it resolved that the December 12, 2012 staff report on an agreement to extend the Infrastructure Stimulus Fund Contribution Agreement with the Minister of Infrastructure and the Minister of Agriculture Food and Rural Affairs be received by Haliburton County Council and that the necessary authorizing bylaw be presented for approval. CARRIED

Correspondence Listing County Council received the Correspondence Listing Report for information.

Motion No. R 350 2012 Moved by: Councillor Liz Danielsen; Seconded by: Councillor Cheryl Murdoch Be it resolved that the Correspondence Listing Report dated December 12, 2012 be received for information by Haliburton County Council. CARRIED

APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE PERSONNEL COMMITTEE No Report

APPROVAL OF REPORTS AND RECOMMENDATIONS FROM THE JOINT ACCESSIBILITY COMMITTEE No Report Warden Moffatt called a recess at 9:58 a.m. The meeting resumed at 10:12 a.m.

ADMINISTRATION REPORT Tourism Website Photo Contest Page Mike March, Information Technology Coordinator provided Haliburton County Council with a demonstration of the Experience Haliburton website. The website has been created for the purpose of uploading pictures for the website photo contest using Facebook and Twitter.

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PLANNING AND ENVIRONMENT Monthly Status Report County Council received the monthly Planning Department Status Report.

Motion No. R 351 2012 Moved by: Councillor Murray Fearrey; Seconded by: Councillor Liz Danielsen Be it resolved that the Planning Department Monthly Report dated December 12, 2012 be received for information by Haliburton County Council. CARRIED

Housing Study Update The Director of Planning provided Haliburton County Council with an overview of the Housing Study.

Motion No. R 352 2012 Moved by: Councillor Liz Danielsen; Seconded by: Councillor Dave Burton Be it resolved that the December 12, 2012 Housing Study Update Report be received for information by Haliburton County Council. CARRIED

Re-Appointment of Council Members to Haliburton County Land Division Committee County Council received a report on the re-appointment of the two municipal council representatives from the Municipality of Dysart et al to the Haliburton County Land Division Committee.

Motion No. R 353 2012 Moved by: Councillor Murray Fearrey; Seconded by: Councillor Liz Danielsen Be it resolved that the December 12, 2012-staff report on the re-appointment of Council members to the County of Haliburton Land Division Committee be received by Haliburton County Council and that William Davis and Andrea Roberts be re-appointed for the period of January 1, 2013 to December 31, 2013 or until a successor is appointed and that the necessary bylaw be presented for approval. CARRIED

ADMINISTRATION REPORTS Review of Committee Appointments for 2013 Warden Moffatt reviewed proposed changes to the Committee structure of the Standing Committee of Haliburton County Council noting that Councillor Fearrey would be replacing Warden Moffatt on the Finance and Correspondence Committee and replacing Councillor Burton on the Point in Time Board. Councillor Burton will be replacing Warden Moffatt on the City of Kawartha Lakes/County of Haliburton Joint Social and Housing Services Advisory Committee. The Warden also advised County Council that the Standing Committee meetings would run consecutively on Committee day.

Motion No. R 354 2012 Moved by: Councillor Liz Danielsen; Seconded by: Councillor Murray Fearrey

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Be it resolved that the December 12, 2012-staff report on review of appointments to Committees be received by Haliburton County Council and that any changes to Committee appointments take effect following the December 12, 2012 County Council meeting and that the necessary amending appointment bylaw be presented to County Council for approval at its January 23, 2013 meeting. CARRIED

Haliburton County Rail Trail Corridor Monthly Status Report The Director of Public Works provided Haliburton County Council with an overview of the monthly activities in relation to the Haliburton County Rail Trail Corridor. The Director noted that as the County will not be receiving funding from the Community Infrastructure Improvement Fund, budgeting for the proposed projects included in the grant application along the Rail Trail Corridor will need to be reviewed.

Motion No. R 355 2012 Moved by: Councillor Murray Fearrey; Seconded by: Councillor Dave Burton Be it resolved that the Monthly Status Report for the Haliburton County Rail Trail Corridor be received for information by Haliburton County Council. CARRIED

Quotation Results for Purchase of Replacement County Administration Vehicle The Treasurer advised Haliburton County Council that local car dealerships were invited to submit quotes on a replacement vehicle for County Administration use.

Motion No. R 356 2012 Moved by: Councillor Murray Fearrey; Seconded by: Councillor Barb Reid Be it resolved that the December 12, 2012 staff report on the quotations received for the purchase of a replacement County Administration Vehicle be received by Haliburton County Council and that the quotation from Curry Motors for a 2012 Chevrolet Orlando model at a cost of $20,364.00 plus HST be accepted and that the vehicle be funded through the 2012 Budget. CARRIED

Disposal of Surplus County Administration Vehicle The Treasurer also advised Haliburton County Council that an advertisement had been placed in the local media advising that the existing administration vehicle was available to local service clubs interested in purchasing a vehicle for their use.

Municipal Infrastructure Investment Initiative Capital Programme Submission The Director of Public Works provided Haliburton County Council with an overview of the proposed project and submission of an application for repairs to the Head Lake Bridge under the MIII Capital programme.

Motion No. R 357 2012 Moved by: Councillor Barb Reid; Seconded by: Councillor Murray Fearrey Be it resolved that the December 12, 2012 staff report on the Municipal Infrastructure Investment Initiative Capital Programme be received by Haliburton County Council and that Haliburton County Council endorses the Expression of Interest to obtain funding under the Province of Ontario's

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Capital MIII Plan to rehabilitate the Head Lake Bridge at a total project cost of $1,900,000 and further certifies the Expression of Interest is factually accurate. CARRIED

2013 Budget Parameters The Treasurer provided Haliburton County Council with an overview of the proposed 2013 County Budget noting a 2012 surplus in Roads Operations, EMS and Social Services. The Treasurer advised Haliburton County Council that County Staff is recommending a 2 percent increase in the tax rate plus incorporating the new assessment growth in the draft 2013 budget.

Motion No. R 358 2012 Moved by: Councillor Barb Reid; Seconded by: Councillor Murray Fearrey Be it resolved that the 2013 Budget Parameters and Timelines Presentation dated December 12, 2012 be received for information by Haliburton County Council. CARRIED

Update on Tender for Servicing County Property on Highway 35 (former Walker Property) The Director of Public Works advised Haliburton County Council that the final drawings for the installation of sanitary sewer and municipal water services to the County property on Highway 35 has been received by the County. He noted that the draft tender document would be presented to Haliburton County Council for approval before being sent out for tender.

Motion No. R 359 2012 Moved by: Councillor Liz Danielsen; Seconded by: Councillor Barb Reid Be it resolved that the December 12, 2012 staff report providing an update on the preparation of tenders for the servicing of the County owned property on Highway 35 (former Walker property) be received for information by Haliburton County Council. CARRIED

REPORTS AND MINUTES FROM EXTERNAL BOARDS AND AGENCIES Haliburton Kawartha Pine Ridge Health Unit No Report Point in Time – Centre for Children, Youth and Parents No Report Eastern Ontario Wardens’ Caucus No Report Kawartha Lakes-Haliburton Housing Corporation The minutes of the November 7, 2012 meeting were circulated to Haliburton County Council for information. Councillor Reid thanked the Treasurer for her role in meeting with the City of Kawartha Lakes to clarify information and impact on County residents with regard to Discretionary Benefits.

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Kawartha Lakes - Haliburton Joint Social and Housing Services Committee No report Haliburton Highlands Health Services Professional Recruitment Committee The minutes of the November 5, 2012 Committee were circulated to Haliburton County Council for information. Councillor Danielsen reported that the Committee met on December 10, 2012 noting that new members for Dysart et al, Highlands East and Minden Hills have joined the Committee. Councillor Danielsen also noted that the Terms of Reference of the Committee were being reviewed.

Motion No. R 360 2012 Moved by: Councillor Barb Reid; Seconded by: Councillor Liz Danielsen Be it resolved that Haliburton county Council receives for information the following minutes and reports from External Boards and Agencies: Minutes of the November 7, 2012 meeting of the Kawartha Lakes-Haliburton Housing Corporation Board, Minutes of the November 5, 2012 meeting of the Health Professional Recruitment Committee. CARRIED

Algonquin Land Claim No report County of Haliburton Library Board No report County of Haliburton Land Division Committee Year to Date Report

Motion No. R 361 2012 Moved by: Councillor Liz Danielsen; Seconded by: Councillor Murray Fearrey Be it resolved that the December 12, 2012 staff report on the Year to Date Land Division Committee decisions be received for information by Haliburton County Council. CARRIED

Other External Boards and Agencies OTHER BUSINESS January 2013 Calendar Haliburton County Council reviewed the January 2013 meeting calendar noting changes to the meetings of the Highlands East and the Minden Hills Council meetings. The Director of Planning advised that there would be no meeting of the Land Division Committee in January 2013.

Changing the Title of Reeve to Mayor Councillor Danielsen provided Haliburton County Council with background information with regard to using the title of Reeve versus Mayor. After some discussion Council agreed that, with the matter being legislated at the municipal level, it would be taken to the respective municipalities for discussion.

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Motion No. R 362 2012 Moved by: Councillor Liz Danielsen; Seconded by: Councillor Barb Reid Be it resolved that the December 12, 2012 staff report on changing the title of Reeve to Mayor be received for information by Haliburton County Council. CARRIED

CLOSED SESSION Haliburton County Council entered into Closed Session to Discuss Personnel Matters pursuant to Section 239 of the Municipal Act as amended.

Motion No. R 363 2012 Moved by: Councillor Barb Reid; Seconded by: Councillor Liz Danielsen Be it resolved that Haliburton County Council enter into Closed Session pursuant to Section 239 of the Municipal Act, 2001 as amended for the following reasons: Discussing personnel matters about an identifiable individual including County employees. CARRIED

REPORT FROM CLOSED SESSION No report BY-LAWS BYLAW No. 3528

Motion No. R 364 2012 Moved by: Councillor Cheryl Murdoch; Seconded by: Councillor Liz Danielsen Be it resolved that Bylaw No. 3528 being a bylaw to reappoint members to the County of Haliburton Land Division Committee be considered read a first, second and third time and finally passed and the seal of the Corporation affixed. CARRIED

BYLAW No. 3529

Motion No. R 365 2012 Moved by: Councillor Cheryl Murdoch; Seconded by: Councillor Murray Fearrey Be it resolved that Bylaw No. 3529 being a bylaw to prescribe the signing authority for the Corporation of the County of Haliburton be considered read a first, second and third time and finally passed and the seal of the Corporation be affixed. CARRIED

BYLAW No. 3530

Motion No. R 366 2012 Moved by: Councillor Dave Burton; Seconded by: Councillor Bill Davis

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Be it resolved that Bylaw No. 3530 being a bylaw to authorize the temporary borrowing of funds by the Corporation of the County of Haliburton in 2013 be considered read a first, second and third time and finally passed and the seal of the Corporation be affixed. CARRIED

BYLAW No. 3531

Motion No. R 367 2012 Moved by: Councillor Cheryl Murdoch; Seconded by: Councillor Barb Reid Be it resolved that Bylaw No. 3531 being a bylaw to authorize an agreement with the Minister of Infrastructure and the Minister of Agriculture, Food and Rural Affairs be considered read a first, second and third time and finally passed and the seal of the Corporation be affixed. CARRIED

NOTICE OF MOTIONS CONFIRMING BYLAW BYLAW No. 3532

Motion No. R 368 2012 Moved by: Councillor Bill Davis; Seconded by: Councillor Murray Fearrey Be it resolved that Bylaw 3532 being a bylaw to confirm the proceedings of the December 11 and December 12, 2012 meetings of Haliburton County Council be considered read a first, second and third time and finally passed and the seal of the Corporation be affixed. CARRIED

ADJOURNMENT With no further business to conduct the meeting adjourned at 11:30 a.m.

Motion No. R 369 2012 Moved by: Councillor Dave Burton; Seconded by: Councillor Murray Fearrey Be it resolved that the December 12, 2012 meeting of Haliburton County Council now adjourn. CARRIED

Certified Correct

Warden Carol Moffatt Jim Wilson, CAO/County Clerk

Page 11 of 11 Ontario Ministry of Transportation Cycling Strategy Backgrounder

Prepared by Sue Shikaze, HKPR District Health Unit

On November 29, 2012, the Ontario Ministry of Transportation (MTO) released a draft Cycling Strategy. This represents the province’s first cycling policy update in twenty years. The purpose of the draft strategy is to define how Ontario will encourage cycling and improve cycling safety across the province. The MTO has invited public feedback on the draft strategy until Jan. 29, 2013. I have written a response to send in to the Ministry, for which I am seeking council’s support.

Haliburton County has taken many steps towards becoming bicycle-friendly. Our annual Share the Road campaign, paving of road shoulders and joining the Welcome Cyclists network are just a few examples. We are not alone; municipalities across Ontario are investing in cycling because of the health, environmental, economic and quality of life benefits it brings to communities.

The development of a comprehensive Cycling Strategy is important because it shows that cycling is priority for the province. There are a number of aspects of the strategy that have the potential to benefit Haliburton County and to strengthen local efforts to make cycling safer. These include things like the development of a provincial cycling network, funding for infrastructure, and improved education for cyclists and motorists. However the document is lacking in specifics in these and other areas, and so a response has been written with feedback from stakeholders in Haliburton County – the Communities in Action Committee, HKPR District Health Unit, Haliburton Highlands Cycling Coalition, and, I hope, the County of Haliburton. The draft strategy recognizes municipalities as key partners in creating a safe environment for cycling.

The draft strategy outlines potential improvements to cycling infrastructure, public education and legislation, including:

Creating a provincial cycling network to connect destinations and establish recreational cycling and tourism routes Supporting municipalities in the development of local cycling networks, including making cycling infrastructure eligible for funding under the Municipal Infrastructure Strategy Running public education campaigns with cycling safety partners such as Share the Road, the Canadian Automobile Association and EnviroCentre Updating the Driver’s Handbook to include better guidelines for cycling and sharing the road with other vehicles Providing cycling safety and bike maintenance information with any new bike sold Consulting with the public, cycling groups and municipalities on possible amendments to the Highway Traffic Act to support cycling

Supporting cycling is part of the government's plan to enhance quality of life for Ontario residents and ensure a strong, green economy for the future.

To view the full draft Cycling Strategy, go to this link: http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/8cec129ccb70929b852572950068f16b/db68ce0589 68597d85257ac3005f6877/$FILE/Draft%20Cycling%20Strategy%20- %20FINAL%20CLEAN%20VERSION.pdf Some provincial cycling facts:

During the spring, summer and fall, about 630,000 Ontarians cycle on a daily basis About two million Ontarians ride a bike at least once a week during spring, summer and fall Between 1988 and 2009, cyclist fatalities were down 70 per cent and major injuries were down 64 per cent

Quotes:

We need your input to ensure Ontario has the right strategy in place to support and encourage safe cycling in the province. We will continue consultations on a made-in-Ontario strategy so that our roads remain the safest in North America." Bob Chiarelli Minister of Transportation

The Ontario Draft Cycling Strategy is welcomed, given that many municipalities are looking at how to fit cycling safely into the mix. AMO looks forward to working with the Province to finalize a strategy that serves our communities’ transportation goals and safety needs." Russ Powers President, Association of Municipalities of Ontario

Ontario’s doctors are very pleased the McGuinty government has introduced a draft cycling strategy, which includes several recommendations that were released in the OMA’s policy paper, ‘Enhancing cycling safety in Ontario.’ The government’s strategy will create new opportunities for safer cycling through improved driver education and improvements to infrastructure that would move cyclists out of traffic where possible, and provide a safer environment on shared roads." Dr. Doug Weir President, Ontario Medical Association

To Minister Chiarelli and the Ministry of Transportation

We, the undersigned, represent a cross-section of stakeholders with an interest in cycling in the County of Haliburton and in Ontario. We commend the Minister for updating the 20-year old Ontario Bike Policy, and are encouraged to see your Ministry identify cycling as part of the solution to many of the health, environmental, social and economic challenges facing our province and communities today.

Cycling presents an important opportunity for rural communities to provide healthy opportunities for residents, and for tourism and economic development. In Haliburton County we have many cycling assets, including a large road network, relatively low traffic volume, beautiful scenery and interesting destinations. Cycling is an important feature in creating a healthy, active community that will attract and retain residents and businesses. Many initiatives are underway in our county to promote and encourage cycling:

- Development of a Cycling Master Plan in 2008 - Development of a Cycling routes map in 2007 - Addition of new policies in county and municipal official plans to address cycling and active transportation - An award winning share the road campaign, started in 2009 - Annual Cycling Festival and activities each June since 2006 - Paving road shoulders on major road rehabilitation projects - Joining the Welcome Cyclists network in 2012 - Minden 150 bike tour, since 2009 - Installation of more bike racks

We have many dedicated community members, organizations and municipal staff who have partnered over the years to bring these initiatives to life. Our local councils have made significant financial and in- kind investments in infrastructure improvements. However, as the draft Cycling Strategy indicates, municipalities and communities cannot do this alone.

We need the province to step forward with a strong vision for making Ontario more bicycle-friendly. Communities are motivated; the evidence is in the …. Communities who now have Bicycle Friendly designation, in the numerous local share the road initiatives, bike summits and bike tours and rides. We believe that the province, led by the Ministry of Transportation, has the opportunity to set forth a clear and coordinated strategy that will improve cycling infrastructure and make cycling a safe transportation and recreation option in Ontario. We outline, in the attached document, our recommendations for strengthening the draft Cycling Strategy in order to maximize the capacity of all partners and stakeholders who must play a role in moving it forward.

We submit this respectfully,

Section 1 – Context

We agree that there are multiple benefits of cycling, and recognize that there are efforts among several ministries to encourage and support cycling in Ontario. We are pleased that the Ministry of Transportation has already undertaken several actions, and that cycling is a significant piece of MTO’s sustainability framework.

Recommendations:

1. The design and development of transportation infrastructure is closely linked with land use planning. Therefore, the Strategy needs to clearly link to other provincial planning initiatives, i.e. the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe.

Section 2 – A Cycling Strategy for Ontario’s Ministry of Transportation

1. Enhancing Cycling Infrastructure in the Province

We support a focus on enhancing cycling infrastructure. Communities and countries around the world that have high levels of cycling have made investing in infrastructure a priority. This is a shared responsibility between provincial and municipal governments. Cyclists don’t necessarily make distinction between different road jurisdictions when they are riding – they just want safe and connected routes to get where they want to go.

Need:

Sixty percent of Ontarians say they would like to cycle more often, and that the main reason they don’t is that they are worried about safety on the road. Cities and regions such as Portland, Oregon and the Outer Banks of North Carolina have demonstrated that improving cycling infrastructure increases the number of people cycling for both transportation and recreation. This in turn has a beneficial impact on the economy by generating bicycling tourism and contributing to quality of life, safety and community livability.1

Rural communities can encourage cycling by providing a connected network of roads with paved shoulders, as well as separated cycling paths for cyclists who are not comfortable riding on shared roadways e.g. children and novice cyclists. Indeed, many municipalities across Ontario have already taken steps to improve infrastructure.

The draft Cycling Strategy states that the Ministry will “identify a province-wide cycling route network”, and recognizes such a network as creating recreational and tourism opportunities. This is especially important in rural areas like Haliburton County that have a strong tourism industry. However, without infrastructure investments and improvements, a cycling network is only lines on a map. A stakeholder survey conducted in 2010 by the Share the Road Cycling Coalition identified funding for bicycling

1 Share the Road Cycling Coalition (2010) Green Paper for an Ontario Bicycling Policy: When Ontario Bikes, Ontario Benefits.

infrastructure as the top priority for the Ontario government.2 Raine et al also recommend stable, long- term funding for municipal infrastructure for active transportation in order to create supportive environments that encourage physical activity and active living.3

Rural communities face particular challenges when it comes to making infrastructure improvements. Conditions differ from urban areas, such as a high proportion of two-lane roads, higher traffic speed and volume of large trucks. Long distances between destinations and low population density mean that we have extensive road networks to maintain, but a lower tax base to support costs. Enhancing roads to accommodate cycling adds expenses to project budgets for road rehabilitation that are already stretched to the limit. Rural considerations may necessitate different strategies and solutions than urban areas. For these reasons, on-going provincial infrastructure funding for municipalities is essential.

Additionally, most rural road networks are a mix of municipal, county and provincial roadways. Often, the barrier to creating a connected local network of cycling routes is the provincial highways, which may or may not have consistent paved shoulders.

Recommendations:

2. The Strategy needs to more clearly articulate a long-term strategy for and commitment to developing a connected provincial cycling network. For provincial highways, this means: including paved shoulders wherever possible in new construction, reconstruction, and overlay projects independently adding paved shoulders to existing roadways where sufficient need has been identified adopting design standards for King’s Highways that include reasonably wide and smoothly paved shoulders

3. The province needs to dedicate funding for cycling infrastructure projects on its own highways, and create an ongoing cycling infrastructure fund for municipalities.

4. The priority criteria for evaluating projects on a case-by-case basis need to be revised to be more clearly defined. Presently the list is vague, and open to subjective interpretation. For example: how would “demonstrated demand for cycling” be assessed?

5. The Strategy should speak to the use of Ministry of Transportation right-of-ways for cycling infrastructure where appropriate.

2. Enhancing Cycling Safety through Education and Legislation

We agree that safety on roads in Ontario is a shared responsibility. Increasing cycling activity requires both, better infrastructure and “more cycling skills training and motorists’ driver education, legislation and enforcement of the rules of the road”.4

2 Ibid 3 Raine, Kim D., et al. “Coming to Consensus on Policy to Create Supportive Built Environments and Community Design”, Canadian Journal of Public Health. Vol 103, No 9 (2012): Suppl 3, Canadian Evidence on Built Environment and Health.

Need:

As the draft Strategy notes, all cyclists are legitimate road users, and have similar rights and responsibilities as other vehicles. As more people choose to ride bikes for recreation and transportation, it becomes more important for all road users to have the knowledge and skills to be able to share the road safely.

Knowing how to ride a bicycle is not the same as knowing how to operate one safely and legally. At present, Ontario has no widely available cycling education programs for children, youth or adults. This means that there are few opportunities for Ontarians to improve on or learn essential cycling skills.

There is opportunity to reach and educate the next generation of drivers, in order to begin to shift the cultural view that roads are only for cars. New drivers need to receive up-to-date information on sharing the road with cyclists in driver education resources. We are pleased to know that the Ministry is in the process of updating the Driver’s Handbook in this regard. The Beginning Driver Education curriculum needs to be reviewed in a similar way, to ensure that all new drivers in Ontario get consistent and accurate information.

Haliburton County has promoted share the road messages since 2009. We have completed two evaluations of this program (2009, 2012). Consistently, cyclists say that the number one driver behavior that impacts their safety is not passing safely (i.e. too close, too fast and passing when there is oncoming traffic). Motorists identify cyclists riding two or more abreast and not following rules of the road as their main problems interacting with bicycles on the road. Our evaluation also indicates that share the road signs and media messages communicate that Haliburton County is a place that welcomes cyclists. Many local jurisdictions are initiating similar campaigns. A provincial level share the road campaign would send a similar message across the province, and support local share the road initiatives.

The Coroner’s Review of Cycling Deaths made recommendations for changes to provincial legislation. Changes to the Highway Traffic Act can enhance safety by providing clear guidelines about motorist and cyclist behavior on roads. Legislation also provides the police with ways to enforce unsafe road interactions.

Recommendations:

In addition to existing public education initiatives, the Ministry should also include in the Strategy:

6. Ways to address cycling education for children, youth and other new cyclists. 7. Commitment to review and update the Beginner Driver Education curriculum for information about sharing the road with cyclists.

8. Commitment to annual investment in a provincial share the road education campaign. 9. Changes to legislation to create a safer cycling environment, namely:

4 Cycle Ontario Alliance. (2008) Ontario Bike Plan.

creating a one metre passing law (refer to Nova Scotia’s 1 m passing law) greater clarity about where cyclists can and should be riding when on roads

10. The need to work closely with provincial and local law enforcement authorities regarding the enforcement of existing legislation.

11. Commitment to review the section of the Highway Traffic Act that currently restricts driving on paved shoulders.

3. Ensuring Relevancy through Monitoring, Researching and Coordinating

Municipalities and other stakeholders are looking at the Ministry to provide leadership, coordination and ongoing evaluation in order to maximize strengths and seize opportunities to make Ontario a bicycle-friendly destination and province.

Need:

There are many stakeholders who have an interest in and expertise to contribute to the development of cycling policies, resources and other activities. Ensuring relevancy of cycling in general, and this Strategy in particular, requires leadership from the Ministry of Transportation. At present, the cycling ‘file’ is addressed by a range of individuals and departments within the Ministry. While there are many dedicated staff who are working to move the agenda forward, there is a sense from the outside that it is no particular office’s priority. And it is also difficult to identify who to contact within the Ministry when it comes to cycling policy, education, or promotion.

There has been a 20 year gap between this draft strategy and the previous provincial bicycle policy. During that period, other provinces such as Quebec and British Columbia have moved their cycling agendas forward and are reaping the health, environmental and tourism benefits of increased cycling activity. There needs to be a similar commitment in Ontario to making cycling a priority within and across relevant ministries, led by the Ministry of Transportation.

Recommendations:

12. The Strategy should make it a priority to create a cycling specific position within the Ministry. This person would be the point of contact for other Ministries as well as external stakeholders, and would guide and coordinate the implementation of the Cycling Strategy. Quebec has had a coordinator responsible for cycling since 1994 within Transport Quebec. In the US, most states have a cycling coordinator.

13. The Strategy speaks to the need for coordination. It would be strengthened by better articulation of the need to engage stakeholders, who these include, and how this could happen. We recommend the following external interests be identified: tourism, public health, planning, economic development, cycling advocacy, law enforcement, municipalities, health care.

14. The Strategy should speak more explicitly about the Ministry’s role in initiating research aimed at improving knowledge related to cycling in Ontario. These include issues related to e-bikes, establishing a system for measurement of cycling activity, and evaluating the economic potential for cycling in Ontario. 15. The Strategy should include objectives and measurable targets and time-frames for each of the three approaches. This will do two things: provide a framework for monitoring progress and success of the Strategy, and incorporate a measure of accountability which demonstrates that the Ministry has a commitment to ensure that the strategy does not sit idle for another 20 years.

References:

Share the Road Cycling Coalition (2010) When Ontario Bikes, Ontario Benefits: A Green Paper for an Ontario Bicycling Policy. http://www.sharetheroad.ca/green-paper-s13320

Cycle Ontario Alliance (2008) Ontario Bike Plan: Better Cycling Transportation, Recreation and Education in Ontario. http://www.tbn.ca/forms/OntarioBikePlan-2008-web.pdf

Ministère des Transports du Québec. (2008) From Fun to Functional: Cycling – A mode of Transportation in its Own Right. Bicycle Policy, Revised Edition. http://www.mtq.gouv.qc.ca/portal/page/portal/Librairie/Publications/en/amenagements_cyclables/pol _velo_en2008.pdf

Raine, Kim D., et al. “Coming to Consensus on Policy to Create Supportive Built Environments and Community Design”, Canadian Journal of Public Health. Vol 103, No 9 (2012): Suppl 3, Canadian Evidence on Built Environment and Health. http://journal.cpha.ca/index.php/cjph

PUBLIC MEETING AGENDA County of Haliburton Haliburton County Administration Building, Minden Wednesday January 23, 2013 9:30 a.m.

1. CALL TO ORDER.

2 DECLARATIONS OF INTEREST

3. HEARING OF APPLICATIONS

3.1 File No. 46-T-12003 776999 ONTARIO INC. Part of Lot 15, Concession 7 Geographic Township of Dysart, now in the Municipality of Dysart et al Purpose: Application for Plan of Subdivision

4. ADJOURNMENT

County of Haliburton P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Warden Carol Moffatt

James G. Wilson, CAO 705-286-1333 phone 705-286-4829 fax [email protected]

To: Warden Moffatt and Members of Haliburton County Council

From: Doug Ray, Director of Public Works

Re: Recommendations from the January 9, 2013 Roads Committee Meeting

Date: January 23, 2013

Recommendation: Be it resolved that Haliburton County Council approves the resolutions and recommendations resulting from the Haliburton County Council Roads Committee meeting held on January 9, 2013.

Background: The Haliburton County Council Road Committee met on January 9, 2013 and made the following recommendations to Haliburton County Council at this meeting:

Be it resolved that the January 9, 2013 staff report on the Request for Proposal for Engineering Services in connection with the Gelert Culvert project be received by the Haliburton County Council Road Committee and that it be recommended to Haliburton County Council that the County proceed with preparing a Request for Proposals for the engineering, design, tender preparation and contract administration for the replacement of Culvert No. 1095 (Gelert Culvert).

Be it resolved that the January 9, 2013 staff report on the County Road Needs Study update be received for information by the Haliburton County Council Road Committee and that it be recommended that the County proceed with preparing and circulating Request for Proposal to Update the County Road Needs Study to qualified engineering firms.

Be it resolved that the January 9, 2013 staff report on the renewal of the Aggregate Extraction License Agreement with Melanie Lewis be received by the Haliburton County Council Road Committee and that it be recommended to Haliburton County Council that the Aggregate Extraction Agreement with Melanie Lewis be renewed and the necessary authorizing bylaw be presented for approval.

Be it resolved that the January 9, 2013 staff report on Road Department Equipment Rates for 2013 be received by the Haliburton County Council Road Committee and that it be recommended to Haliburton County Council approval of the 2013 Equipment Rates effective January 1, 2013.

Be it resolved that the January 9, 2013 staff report on the draft County Road Budgets be received by the Haliburton County Council Road Committee and that it be recommended to Haliburton County Council that the draft budgets be referred to County Council as part of the 2013 County Budget review.

Financial: Not Applicable

Author: Doug Ray, Director

Approved by: Jim Wilson, CAO

County of Haliburton P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Warden Carol Moffatt

James G. Wilson, CAO 705-286-1333 phone 705-286-4829 fax [email protected]

To: Warden Moffatt and Members of Haliburton County Council

From: Pat Kennedy, Director of Emergency Services

Re: Recommendations from the January 9, 2013 Emergency Services Committee Meeting.

Date: January 23, 2013

Recommendation: Haliburton County Council approves the resolutions and recommendations resulting from the Haliburton County Emergency Services Committee Meeting held on January 9, 2013.

Background: The Haliburton County Council Emergency Services Committee met on January 9, 2013 and made the following recommendations to Haliburton County Council:

Be it resolved that the January 9, 2013 staff report on the purchase of a replacement ambulance vehicle be received by the Haliburton County Council Emergency Services Committee and that it be recommended to Haliburton County Council that the County proceed with purchasing a 2013 Chevrolet diesel ambulance from Crestline Industries for the purchase price of $123,817.00 plus HST, and that it is funded from the Department Capital Reserve fund in 2013.

Be it resolved that the 2013 Draft Emergency Services Budget Report dated January 9, 2013 be received by the Haliburton County Council Emergency Services Committee and that it be recommended to Haliburton County Council that the draft budget be referred to County Council as part of the 2013 County Budget review.

Financial: Not Applicable

Author: Pat Kennedy, Director

Approved by: Jim Wilson, CAO

County of Haliburton P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Warden Carol Moffatt

James G. Wilson, CAO 705-286-1333 phone 705-286-4829 fax [email protected]

To: Warden Moffatt and Members of Haliburton County Council

From: Jim Wilson, CAO

Re: Recommendations from the January 9, 2013 Tourism Development Committee Meeting.

Date: January 23, 2013

Recommendation: Be it resolved that Haliburton County Council approves the resolutions and recommendations resulting from the Haliburton County Tourism Development Committee Meeting held on January 9, 2013

Background: The Haliburton County Council Tourism Development Committee met on January 9, 2013 and made the following recommendations to Haliburton County Council:

Be it resolved that the January 9, 2013 staff report on the draft Tourism Development Budget be received by the Haliburton County Council Tourism Development Committee and that it be recommended to Haliburton County Council that the draft budget be referred to County Council as part of the 2013 County Budget review.

Financial: Not Applicable

County of Haliburton P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Warden Carol Moffatt

James G. Wilson, CAO 705-286-1333 phone 705-286-4829 fax [email protected]

To: Warden Moffatt and Members of Haliburton County Council

From: Laura Janke, Treasurer

Re: Recommendations from the January 9, 2013 Finance and Correspondence Committee Meeting.

Date: January 23, 2013

Recommendation: Be it resolved that Haliburton County Council approves the resolutions and recommendations resulting from the Haliburton County Finance and Correspondence Committee Meeting held on January 9, 2013

Background: The Haliburton County Council Finance and Correspondence Committee met on January 9, 2013 and made the following recommendations to Haliburton County Council:

Be it resolved that the Haliburton County Council Finance and Correspondence Committee recommends to Haliburton County Council that the December 2012 and the January 2013 Accounts Listing be approved.

Be it resolved that the Haliburton County Council Finance and Correspondence Committee recommends to Haliburton County Council that the Cheque Register for December 2012 with cheques totalling $1,159,420.89 be approved.

Be it resolved that the Haliburton County Council Finance and Correspondence Committee recommends to Haliburton County Council that the January 9, 2013 staff report on the Payroll Register with net deposits of $330,773.50 be approved.

Be it resolved that the January 9, 2013 staff report on proposed amendments to the County of Haliburton Policy on the Disposal of Surplus Property be received by the Haliburton County Council Finance and Correspondence Committee and that it be recommended to Haliburton County that the proposed changes be accepted and that the necessary bylaw be presented for approval.

Be it resolved that the January 9, 2013 staff report on the bids received for the surplus County Administration Vehicle be received by the Haliburton County Council Finance and Correspondence Committee and that it be recommended to Haliburton County Council that the bid on behalf of Community organizations be accepted for $1.00, as is, with ownership going to one of the local groups.

Be it resolved that the January 9, 2013 staff report on the draft 2013 Administration Budgets be received by the Haliburton County Council Finance and Correspondence Committee and that it be recommended to Haliburton County Council that the draft budgets be referred to County Council as part of the 2013 County Budget review.

Financial: Not Applicable

Author: Laura Janke, Treasurer

Approved by: Jim Wilson, CAO

County of Haliburton P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Warden Carol Moffatt

James G. Wilson, CAO 705-286-1333 phone 705-286-4829 fax [email protected]

To: Warden Moffatt and Members of Haliburton County Council

From: Evelyn Fenwick, Director of Human Resources

Re: Recommendations from the January 9, 2013 Personnel Committee Meeting.

Date: January 23, 2013

Recommendation: Be it resolved that Haliburton County Council approves the resolutions and recommendations resulting from the Haliburton County Personnel Committee Meeting held on January 9, 2013.

Background: The Haliburton County Council Personnel Committee met on January 9, 2013 and made the following recommendations to Haliburton County Council:

Be it resolved that the Haliburton County Council Personnel Committee recommends to Haliburton County Council that James Rogers be appointed as County of Haliburton Weed Inspector for the 2013 Calendar Year and that the necessary appointment bylaw be presented to Haliburton County Council for approval.

Be it resolved that the January 9, 2013 staff report on the appointment of a Head under the Municipal Freedom of Information and Protection of Privacy Act be received by the Haliburton County Council Personnel Committee and that it be recommended to Haliburton County Council that the County Clerk be appointed as Head for the purposes of administering requests made under the Municipal Freedom of Information and Protection of Privacy Act and that the necessary bylaw be presented for approval.

Be it resolved that the Haliburton County Council Personnel Committee recommends to Haliburton County Council that the Employee Benefit Renewal Proposal prepared by Shawn Hagerman effective February 1, 2013 be accepted.

Be it resolved that the Haliburton County Council Personnel Committee recommends to Haliburton County Council that the County Non Union Staff be given a 1.5% cost of living increase effective Pay Period 1 and a 6 month grid movement subject to satisfactory performance review.

Financial: Not Applicable

Author: Evelyn Fenwick, Director

Approved by: Jim Wilson, CAO

County of Haliburton Warden Carol Moffatt P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Jane Tousaw, CMO 705-286-1333 phone 705-286-4829 fax Director of Planning [email protected]

To: Warden Moffatt and Members of Haliburton County Council

From: Jane Tousaw, Director of Planning

Re: Recommendations from the December 12, 2012 Planning Committee Meeting

Date: January 23, 2013

Recommendation: Be it resolved that Haliburton County Council approves the resolutions and recommendations resulting from the Haliburton County Council Planning Committee meeting held on December 12, 2012.

Background: The Haliburton County Council Planning Committee met on December 12, 2012 and made the following recommendations to Haliburton County Council at this meeting:

Be it resolved that the Haliburton County Council Planning Committee recommends to Haliburton County Council that the Final Phase 1 Housing Demand and Supply Analysis be accepted by the County of Haliburton.

Be it resolved that the draft 2013 Planning Department Budget be received by the Haliburton County Council Planning Committee and that it be referred to County Council's 2013 Budget deliberations.

Financial: Not Applicable

Author: Jane Tousaw, Director

Approved by: Jim Wilson, CAO

County of Haliburton Warden Carol Moffatt P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Jane M. Tousaw, CMO Director of Planning 705-286-1333 phone 705-286-4829 fax [email protected]

To: Warden Moffatt and Members of Haliburton County Council

From: Jane Tousaw, Director of Planning

Re: Planning Department Update

Date: January 23, 2013

Recommendation: That the January 23, 2013-staff report on Planning Department Activities be received for information by Haliburton County Council.

Background: Land Division In the month of December seven (7) new applications were submitted for processing and a number of deeds received consent endorsement. A more detailed report is included elsewhere in the Council agenda.

Status Report – Development Applications The County is the approval authority for local Official Plans (OP) and Official Plan amendments (OPA) as well as applications for plans of subdivision/condominium. A list of the applications, currently being processed by the County, is attached as Schedule “A”.

Section 26 Reviews - local Official Plans The Municipality of Highlands East has adopted an amendment to its Official Plan. It is being reviewed. Planning Staff has met with the Planning consultant for the Municipality of Highlands East to obtain clarification on some policies. Proposed modifications will be circulated to the Council for the Municipality of Highlands East for consideration once the review is complete.

The Township of Minden Hills has circulated a draft Official Plan amendment. An Open House is proposed for January/February 2013. The Municipality is targeting for a completion date in the Spring of 2013.

Source Protection Planning The Source Protection Plan for the Trent Conservation Coalition Source Protection Region was submitted to the Minister in August, 2012 and the Source Protection Plan for the South Georgian Bay Lake Simcoe Source Protection Region was submitted in October, 2012.

Cultural Mapping The database is still being populated, by the Arts Council, into a compatible format for importing into the GIS database. Test data has been evaluated and comments provided back to the Arts Council. They are continuing to update the database.

Road Layers The field work, to confirm the data related to the private roads is underway. During the re-evaluation, the 9-1-1 Department found some roads have been blocked and/or relocated on private lands. As a result, our current road layer is inaccurate and will need to be updated. This work continues.

Geographic Information System (GIS) Status Report The Status Report, attached as Schedule “B”, is provided to keep Council informed of the ongoing projects to support and enhance the County’s GIS program. This program supports both the County of Haliburton departmental operations as well as lower tier mapping requirements.

Financial: None

Reviewed by: Jim Wilson, CAO

Attachments: Schedule “A” - Status Report – Development Applications Schedule “B” – GIS Status Report SCHEDULE “A” Update Development Applications Plans of Subdivision/Condominium and Official Plan Amendments As at January 17, 2013 File No. Type of Municipality Date Date Date of Applicant Location Status Application Received Application Decision Complete Official Plan Amendments 4601-OPA- OPA Highlands 22/11/12 12/12/12 Pending Municipality of All of the Municipality This application represents the 001 East Highlands East five-year Review under Section 26 of the Planning Act 4624-OPA- OPA Dysart et al 12/11/12 30/11/12 Pending Catharine Gonnsen Pt. Lot 33, Concession 6 To proceed with Plan of 009 Geographic Township of Subdivision File No. 46-T- Dysart 12001 Pt. Lot 1, Concessions 5 & 6, Pt. of Shore Road Allowance in front of Lot 1, Concession 6, Pt. of Original Road Allowance between Lot 1, Concessions 5 & 6 Geographic Township of Dudley Pt. of Original Road Allowance between Lot 33, Concession 6, Geographic Township of Dysart and Lot 1, Concessions 5 & 6, Geographic Township of Dudley Plans of Subdivision/condominium 46-T-91001 P of S Algonquin 05/03/91 N/A 16/12/92 Hawk Valley Estates Pt. Lot 17, Concessions 9 & Draft approved - No appeals Highlands (MMAH) (MMAH) now owned by Daniel 10 Geographic Twp. of 21 Seasonal Residential lots & Dawn Muir Stanhope 5 Blocks

Redline Plan 05/11/12 05/11/12 17 Shoreline Residential Lots 6 blocks

46-T-91003 P of S Dysart et al 12/04/91 N/A 11/4/94 East Lake (Price Yards Pt. Lots 31 to 33, Concession Draft approved - No appeals (MMAH) (MMAH) Ltd.) currently owned 11 Pt. Lots 29 to 33, 51 Seasonal Residential lots by 2026682 Ontario Concession 12 Pt. Lots 30 to Ltd. 32, Concession 13 An update has been requested Geographic Twp. of Harburn from the applicant.

46-T-07001 P of S Dysart et al 22/10/07 26/03/08 20/08/08 Harburn Holdings Ltd. Pt. Lots 6 to 8, Concession 11 Draft approved - No appeals Amended & Pt. Lot 6, Concession 12 10 Seasonal Residential Lots 28/03/12 Geographic Twp. of Guilford Extension granted. A major plan revision approved.

46-T-08001 P of S Algonquin 02/09/08 02/12/08 26/08/09 Janis HESLETON, Pt. Lots 4, 5, 6, Concession A; Draft approved - No appeals Highlands Peter SANDERSON, Pt. Lot 1, Concessions 2 & 3; 13 Seasonal Residential lots Darlene Pt. Lot 2, Concession 3 Extension September 16, 2013 SANDERSON Geographic Twp. of Stanhope granted.

46-T-09001 P of C Dysart et al 27/11/09 14/12/09 22/09/10 Greif Bros. Canada Pt. Lots 19 – 22. Concession 8 Draft approved - No appeals Inc. Pt. Lots 21 & 22, Concession 3 blocks for roads and 2 blocks 9, for Open Space uses Geographic Twp. of Harburn

46-T-09002 P of S Dysart et al 27/11/09 14/12/09 22/09/10 Greif Bros. Canada Pt. Lots 19 – 22. Concession 8 Draft approved - No appeals Inc. Pt. Lots 21 & 22, Concession 13 Seasonal Residential lots 9, and 2 blocks Geographic Twp. of Harburn

46-T-09005 P of C Dysart et al 27/11/09 14/12/09 22/09/10 Greif Bros. Canada Pt. Lots 16 – 20, Concession 4 Draft approved - No appeals Inc. Pt. Lots 18 – 24. Concession 5 12 blocks for roads and 8 Pt. Lots 19 – 22. Concession 6 blocks for Open Space uses Pt. Lots 19 – 26, Concession 7 Pt. Lots 19 - 22, Concession 8, Geographic Twp. of Harburn

SCHEDULE “A” Update Development Applications Plans of Subdivision/Condominium and Official Plan Amendments As at January 17, 2013 File No. Type of Municipality Date Date Date of Applicant Location Status Application Received Application Decision Complete 46-T-09006 P of S Dysart et al 27/11/09 14/12/09 22/09/10 Greif Bros. Canada Pt. Lots 22 – 24. Concession 5 Draft approved - No appeals Inc. Pt. Lots 21 – 24. Concession 6 40 Seasonal Residential lots Pt. Lots 22 – 26, Concession 7 Pt. Lots 19 - 24, Concession 8, Geographic Twp. of Harburn 46-T-09007 P of S Dysart et al 27/11/09 14/12/09 22/09/10 Greif Bros. Canada Pt. Lots 16 – 19, Concession 4 Draft approved - No appeals Inc. Pt. Lots 18 – 20. Concession 5 37 Seasonal Residential lots Pt. Lots 18 – 20. Concession 6 and 1 block Pt. Lots 19&20, Concession 7 Pt. Lots 19&20, Concession 8, Geographic Twp. of Harburn 46-T-10001 P of S Highlands 08/01/10 28/15/10 Pending Century Lane Pt. Lots 11 & 12 & Lots 13 Proposes 95 residential lots and East Developments & 14, Concession 10 15 blocks Corporation Lots 14 & 15, Concession 11 The applicant advises that a Geographic Twp. of revised plan and updated Glamorgan studies will be forwarded shortly. 46-T-12001 P of S Dysart et al 01/05/12 18/07/12 N/A Catharine Gonnsen Pt. Lot 33, Concession 6 Proposes 5 Shoreline Geographic Township of Residential Lots and 1 Dysart Commercial Lot. Pt. Lot 1, Concessions 5 & 6, Access via internal private Pt. of Shore Road Allowance right-of-way in front of Lot 1, Concession Public Meeting held October 1, 6, 2012 Pt. of Original Road Allowance between Lot 1, Concessions 5 & 6 Geographic Township of Dudley Pt. of Original Road Allowance between Lot 33, Concession 6, Geographic Township of Dysart and Lot 1, Concessions 5 & 6, Geographic Township of Dudley

OPA Official Plan Amendment P of C Plan of Condominium CE Condominium Exemption Acronyms P of S Plan of Subdivision MMAH Ministry of Municipal Affairs and Housing PPS Provincial Policy Statement MNR Ministry of Natural Resources SCHEDULE “B”

GIS STATUS REPORT As at January 15, 2013

Item Status Completion Land Division Updates 2006 to 2012: 988 Parcels On-Going Rights of Ways to date: 370 MPAC Update Roll numbers updated. Quarterly Update MPAC data into Access Civic Addressing Changes to GIS layers on adopted new roads On-Going Zoning By-Law & OP Algonquin Highlands Official Plan On-Going Updates Minden Hills Official Plan & Zoning By-law On-Going Highlands East Official Plan & Zoning By-law On-Going Public Works Accident report mapping for 1998 – 2010 On-Going WebGIS & Atlas WebGIS Property update to October 2012 Updates Quarterly Creating replacement Atlas pages Pending Maps Map of Township/Private Roads in the County Complete Maps of Crown Land Complete Tourism & Marketing Map for Canoe Route Mapping Project In Progress Maps for Canadian Pond Hockey Championships Complete Ontario Road Network Updates to OPP and MOH and ORN On-Going Cultural Mapping Project Updating Cultural Mapping Manual In Progress Highlands East Economic Development Committee Project Additional clean-up of base maps required In Progress Road Widening Project Update right-of-ways to GIS layer On-going Road Maintenance Project o Distributed data to Municipalities for updating onto In Progress GIS software – 75% complete Data Sharing Agreements Communities in Action Pending District of Muskoka Complete U-Links – Sustainable Growth Project Pending

SCHEDULE “B”

GIS ACTIVITY – October to December 2012

GIS ACTIVITY – October to December 2011

County of Haliburton Warden Carol Moffatt P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Jane Tousaw, CMO Director of Planning [email protected] 705-286-1333 phone 705-286-4829 fax

To: Warden Moffatt and Members of Haliburton County Council

From: Jane Tousaw, Director of Planning

Re: Monthly Report on the Housing Study/Strategy

Date: January 23, 2013

Recommendation: That the January 23, 2013 staff report on the Housing Study/Strategy be received for information by Haliburton County Council.

Background: A monthly status report from SHS Consulting will be provided to County Council each month. A copy of the status report is attached.

The next meeting of the Steering Committee to deal with Phase 2 of the Housing Study is scheduled for January 30th, 2013.

Financial: This project has been included in the draft 2013 budget.

Reviewed by: Jim Wilson, CAO

Attachments: Monthly Status Report from SHS Consulting

County of Haliburton Housing Study/Strategy

Monthly Progress Report: December 21st 2012

TASK Description Target Date Status/Comments

 STAGE 1: DEMAND AND SUPPLY ANALYSIS

1 Project Start-up and Administration May 23rd  Complete

2 Finalize Work Program and Prepare Jun 11th  Complete Detailed Communications Plan

3 Gather and Review Background Jun 29th  Complete Information

4 Housing Survey Aug 10th  Complete (Aug 17th)

5 Demographic and Economic Analysis Aug 3rd  Complete

6 Key Stakeholder Interviews Aug 10th  Complete

7 Review of Housing Market Aug 10th  Complete  MPAC data was received on August 24th

8 Projections of Housing Supply and Aug 10th  Completed Demand

1 County of Haliburton Housing Study

TASK Description Target Date Status/Comments

9 Preparation of a Draft Demand and Sept 7th  Complete Supply Analysis Report

10 Meeting with the Steering Committee Sept 26th  Complete to Review Draft Demand and Supply  Presentation slides have been posted on the County’s Analysis Report website

11 Key Informant Workshop #1 Nov 6th  Preparation of workshop presentation slides, workbooks and other session materials are underway  List of confirmed participants to be confirmed on Nov 2nd

12 Preparation of Final Demand and Dec 3rd  Revised to incorporate comments and feedback from Supply Report the Planning Committee and Workshop #1 and new / additional data

13 Meeting with Steering Committee to Dec 12th  On September 26th the Steering Committee Review Final Demand and Supply (Nov 21st) determined that SHS does not need to attend the Nov Report 21st meeting to present the final Demand and Supply report

 STAGE 2: RECOMMENDATIONS ON NEW POLICIES AND PROGRAMS

14 Analysis of Current Policies, Programs Feb 6th  Underway and Potential TBD  Date (Feb 6th) revised as per call with Jane on Nov 23rd  Date to be finalized at the next meeting with the Steering Committee

2 County of Haliburton Housing Study

TASK Description Target Date Status/Comments

15 Draft Recommendations on new Dec 12th  Underway Policies, Programs and Strategies TBD  Call with Jane and Michele: Dec 4th re: questions on some draft recommendations  Date to be finalized at the next meeting with the Steering Committee

16 Meeting with Steering Committee to Dec 12th  Date revised as per discussions with the County Review Draft Recommendations TBD  We will bring the draft recommendations workbook to the meeting on December 12th  Date to be finalized at the next meeting with the Steering Committee

17 Key Informant Workshop #2 January 30th  Date revised as per call with Jane on Nov 23rd; to be th TBD confirmed during Dec 12 meeting  Date to be finalized at the next meeting with the Steering Committee

18 Preparation of Final Feb 6th  Date to be finalized at the next meeting with the Recommendations on new Policies, TBD Steering Committee Programs and Strategies

19 Meeting with Steering Committee to February 20th Review Final Recommendations TBD  Date to be finalized at the next meeting with the Steering Committee

3 County of Haliburton Housing Study

TASK Description Target Date Status/Comments

 STAGE 3: HOUSING STRATEGY

th 20 Draft Housing Strategy Document February 27  Date to be finalized at the next meeting with the TBD Steering Committee

th 21 Presentation of Draft Housing March 13  Date to be finalized at the next meeting with the Strategy to Steering Committee TBD Steering Committee

st 22 Finalize the Housing Strategy March 21  Date to be finalized at the next meeting with the TBD Steering Committee

th 23 Presentation to the County Council March 28  Date to be finalized at the next meeting with the TBD Steering Committee

4 County of Haliburton Housing Study

County of Haliburton Warden Carol Moffatt P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Jane Tousaw, CMO Director of Planning [email protected] 705-286-1333 phone 705-286-4829 fax

To: Warden Moffatt and Members of Haliburton County Council

From: Jane Tousaw, Director of Planning

Re: Request by Infrastructure Ontario

Date: January 23, 2013

Recommendation: That the January 23, 2013 staff report on the Request by Infrastructure Ontario be received for information by Haliburton County Council and delegates authority to the Planning Director to advise Infrastructure Ontario that the County of Haliburton has no objection to Her Majesty in right of Ontario exercising the Crown’s prerogative to sever property as permitted in the exemption set out in Section 50(3)(c) of the Planning Act.

Background: Infrastructure Ontario has contacted the County of Haliburton to request confirmation that the County of Haliburton has no objection to the Province exercising its Exemption to subdivide property under Part IV, Section 50 (3) (c) of the Planning Act (the “Exemption”). Section 50(3) (c) of the Planning Act states: (3) No person shall convey land by way of a deed or transfer, or grant, assign or exercise a power of appointment with respect to land, or mortgage or charge land, or enter into an agreement of sale and purchase of land or enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless, (c) the land or any use of or right therein is being acquired or disposed of by Her Majesty in right of Canada, Her Majesty in right of Ontario or by any municipality;

Municipal authorization for use of the Exemption is required as a component of the Infrastructure Ontario Class Environmental Assessment (EA) process, which requires municipal support for the use of the exemption when it is used for the purposes of creating new parcels for disposition to a non-government related entity.

The Province wishes to sever a portion of the property located at 20130 Hwy 35, which is the location of the former Leslie Frost Centre (PIN 39295-0103). This property has been circulated as per the provincial realty disposal process and there has been no government or agency interest in the built-up portion of the property. It is the Province’s intent to sell this portion of the site.

Infrastructure Ontario has submitted a sketch which illustrates the portion of the site to be severed. The area to be sold is a 19-acre parcel. The boundary of the severed parcel will be confirmed by survey. The retained lands, totaling 21 acres, will be transferred to the Ministry of Natural Resources, and will merge on title with the Crown lands to the north; access to the retained lands will not be cut off given the merger of Crown lands.

It will be responsibility of the future purchaser to obtain the required approvals for the redevelopment and reuse of the site.

Financial: None

Reviewed by: Jim Wilson, CAO

Attachments: Severance Sketch - Leslie Frost Centre

TO BE RETAINED 21 AC Crown lands to merge on title with adjacent Crown lands to north

TO BE SEVERED 19 AC

SEVERANCE LINE TO BE CONFIRMED BY SURVEY

County of Haliburton Warden Carol Moffatt P.O. Box 399 [email protected] 11 Newcastle Street Minden, Ontario K0M 2K0 James G. Wilson, 705-286-1333 phone 705-286-4829 fax CAO/County Clerk [email protected]

To: Warden Moffatt and Members of County Council

From: Angela Balle, Deputy Clerk/Health and Safety Coordinator

Re: Health and Safety Policy Statement

Date: January 23, 2013

Recommendation: That Haliburton County Council adopts the draft Health and Safety Policy Statement and the Health and Safety Duties and Responsibilities policy as presented in the January 23, 2013-staff report.

Background: Section 25 (2) of the Occupational Health and Safety Act requires that the Health and Safety Policies be reviewed on an annual basis in order to reinforce the commitment of the County of Haliburton to preventing occupational illness and injury in the workplace. The Health and Safety Policy Statement along with the Health and Safety Duties and Responsibilities policy demonstrates the employer’s dedication to their leadership role in the prevention of workplace injury and illness.

Also included for your information is the Senior Management Commitment that is reviewed annually by Department Heads.

Financial: Not Applicable

Attachment: Health and Safety Policy Statement Health and Safety Duties and Responsibilities Senior Management Commitment

Approved by: Jim Wilson, CAO County of Haliburton Health & Safety Policy Statement

Policy: HS-G1 Date of Most Recent Amendment: April 22, 2009 Approved by Resolution Number: W-139/06 Approved by Resolution Number: R- 76/06 Amended by Resolution Number: R- 100 2009 Amended by Resolution Number: R- 42 2011 Approved by Resolution Number: R- 14 2012 Approved by Resolution Number: R- 2013

January, 23 2013 THE CORPORATION OF THE COUNTY OF HALIBURTON HEALTH & SAFETY POLICY STATEMENT

The County of Haliburton is vitally interested in the health and safety of its employees. Protection of employees from injury or occupational disease is a major continuing objective. The County of Haliburton will make every effort to provide a safe and healthy work environment. All managers, supervisors and workers must be dedicated to the continuing objective of reducing risk of injury by recognizing their duties and responsibilities.

The County of Haliburton, as an employer, is ultimately responsible for worker health and safety. The County of Haliburton, headed by County Council, commits to the promise that every reasonable precaution will be taken for the protection of workers.

Managers and Supervisors will be held accountable for the health and safety of workers under their supervision. Supervisors are responsible to ensure that machinery and equipment are safe and that workers work in compliance with established safe work practices and procedures in accordance with the Ontario Health and Safety Act, the Workplace Safety and Insurance Act, the Ministry of Transportation, the Ministry of Health and Long Term Care and this policy and procedure manual. Workers must receive adequate training in their specific work tasks to protect their health and safety.

Every worker must protect his or her own health and safety by working in compliance with the law and with safe work practices and procedures established by the County of Haliburton.

It is the best interest of all parties to consider health and safety in every activity. Commitment to health and safety must form an integral part of this organization, from Council to the workers. This policy is intended to support the continuous improvement of health and safety within the County of Haliburton. It is founded on the principle that effectively managing health, safety, and wellness is essential to the operation of our municipality. Support and participation in this policy is a visible commitment from our Senior Management Team to actively participate within a learning community that provides and receives best practices for the enhancement of employee physical, social, and mental well-being. The benefits will be realized, as this learning is integrated into our strategies, systems, and processes. By supporting this leadership policy, the Senior Management Team commits their support to the following: G-1 pg. 1 THE CORPORATION OF THE COUNTY OF HALIBURTON HEALTH & SAFETY POLICY STATEMENT (continued)

To subscribe to the principle that nothing is more important than the health, safety and well- being of our employees, contractors, visitors and the surrounding community.

To integrate health and safety into our strategies, processes and performance measures, and to recognize that good health and safety performance supports good business results.

To effectively manage health and safety risks by eliminating, minimizing or controlling hazards.

To strive for continuous health and safety improvement and to provide the leadership and internal capacity to make this happen.

To provide an environment that enables all employees to participate and work collaboratively in developing, promoting, and improving health and safety at work.

To extend health and safety efforts beyond the workplace, recognizing and supporting related initiatives within the community.

To participate within a health and safety leadership learning community, by providing and receiving information and best practices, with the goal of continuously improving health and safety strategies, programming and performance.

Signed:

______Warden Carol Moffatt Councillor Liz Danielsen

Councillor Murray Fearrey Councillor Bill Davis

Councillor Dave Burton Councillor Suzanne Partridge

Councillor Barb Reid Councillor Cheryl Murdoch

______Jim Wilson, CAO/County Clerk Date

G-1 pg. 2 THE CORPORATION OF THE COUNTY OF HALIBURTON Section: G-2 Issued: April 22, 2006 Revised: July 24, 2009 SUBJECT: HEALTH & SAFETY DUTIES AND RESPONSIBILITIES Reviewed: March & EMPLOYER, WORKER, SUPERVISOR AND OTHER PERSONS October 2011 Reviewed: January 2012 Reviewed: January 2013

PURPOSE This policy outlines the some of duties of the employer, workers, supervisors and other persons doing business with the County of Haliburton as per the Occupational Health and Safety Act, Part III.

EMPLOYER The County of Haliburton is a corporate body that is represented through County Council, and Senior Management consisting of the C.A.O., Directors, Department Heads, Managers and/or their designates acting on behalf of the Corporation of the County of Haliburton County Council as the employer. They are to provide leadership, develop and publish policies in compliance with the Occupational Health & Safety Act which will clearly indicate to all, their proactive attitude and concern toward the health and safety of those employed by the County. The employer must maintain and implement the policy statement of the Corporation. Further, they must make adequate resources available, financial and otherwise to enable the policy to be carried out and the goals attained.

The duties of the employer are to: Ensure the evaluation and maintenance of the County of Haliburton Health and Safety objectives by setting up goals and procedures within the framework of the corporate policy; Initiate, support and provide a proactive atmosphere that motivates and encourages co-operation between all levels of the workplace towards workplace health, safety and environment matters; When appointing a supervisor appoint a competent person; Ensure that safe work procedures are developed and implemented for all jobs; Ensure that adequate facilities and staff are available to train workers and supervisors in safe work procedures and other safety and health matters; Provide resources and monitoring mechanisms to ensure a safe and healthy workplace environment; Ensure that all persons in the organization have the knowledge, skill and authority to perform their work safely and that they are held accountable for doing so; Promote and encourage a co-operative, constructive relationship with government agencies and ensure that operations are carried on in compliance with the Occupational Health and Safety Act, WSIB, Ministry of Labour and the Ministries of Transportation and Health & Long Term Care as pertains to specific departments; Ensure that adequate quantities of approved personal safety equipment are made available to workers;

Section G-2, pg. 1 THE CORPORATION OF THE COUNTY OF HALIBURTON Section: G-2 Issued: April 22, 2006 Revised: July 24, 2009 SUBJECT: HEALTH & SAFETY DUTIES AND RESPONSIBILITIES Reviewed: March & EMPLOYER, WORKER, SUPERVISOR AND OTHER PERSONS October 2011 Reviewed: January 2012 Reviewed: January 2013

Co-operate in matters of health and safety with the Joint Health and Safety Committee members or other worker representatives; To take “every precaution reasonable in the circumstances” for the protection of workers; S. 27(2)(c) Management be evaluated on their health and safety duties through their annual performance appraisal carried out by their department head. This gives the employer the opportunity to recognize and commend their accomplishments and contributions toward health and safety. It identifies opportunities for improvement and reinforces the employer’s expectation that all management representing the employer maintain a healthy and safe environment for all. And all other duties as described in Section 25 & 26 of the OHSA as applicable.

SUPERVISORS Supervisors are responsible for directing the work under their jurisdiction to ensure that it is carried out in a safe and productive manner and in compliance with the Occupational Health and Safety Act (OHSA), and that the workers are properly protected from conditions hazardous to their health.

Supervisors have a duty to: To take “every precaution reasonable in the circumstances” for the protection of workers; S. 27(2)(c) Ensure that the workers have adequate knowledge and skill to perform their work safely and provide any instruction required; Advise workers of the existence of any potential or actual danger to the health and safety of the worker of which the supervisor is aware; Ensure that workers comply with the OHSA and regulations; Ensure that the workers are supplied with and wear the personal protective equipment required; Ensure that the workers have proper tools and that all tools and equipment are in good operating condition to do their job safely; Ensure that standard conditions exist in the workplace and that all non- standard conditions are corrected in a safe manner without delay; Ensure that orderly housekeeping conditions exist throughout their area; Co-operate in matters of health and safety with the Joint Health and Safety Committee members or other worker representatives; Supervisors are to be evaluated on their health and safety duties through their annual performance evaluation carried out by their department heads. This gives the employer the opportunity to recognize and commend the supervisor’s accomplishments and contributions toward health and safety. Section G-2, pg. 2 THE CORPORATION OF THE COUNTY OF HALIBURTON Section: G-2 Issued: April 22, 2006 Revised: July 24, 2009 SUBJECT: HEALTH & SAFETY DUTIES AND RESPONSIBILITIES Reviewed: March & EMPLOYER, WORKER, SUPERVISOR AND OTHER PERSONS October 2011 Reviewed: January 2012 Reviewed: January 2013

It identifies opportunities for improvement and reinforces the employer’s expectation that all supervisors maintain a healthy and safe operation. And all other duties as described in Section 27 of the OHSA as applicable. WORKERS The workers are responsible for taking all precautions to carry out their duties in a safe and healthy manner so as not to endanger themselves or their co-workers.

Workers have a duty to: Work in compliance with the OHSA, WSIB and Ministry of Labour regulations as well as the regulations of the Ministries of Transportation and Health & Long Term Care where applicable; Apply their knowledge to observe safe work procedures at all times and to work in compliance with the Occupational Health and Safety Act; Recognize and correct hazardous conditions in their workplace and report them to their supervisor; Wear personal protective equipment provided as required by regulation; Report any violations of the Act, defective equipment or workplace hazards to their supervisor without undue delay; Be responsible in the proper operation of equipment so as not to endanger themselves or any other worker; If in a leader position, provide guidance to workers under their direction

SUPPLIED LABOUR “Supplied Labour” can include individuals employed through a mandatory work placement program such as Ontario Works or vocational rehabilitation programme. The labourers are responsible for performing their work in a safe manner and maintaining their workplace in a standard condition.

They are responsible to: Work in compliance with the provisions of the Occupational Health and Safety Act and the regulations; Use or wear the equipment, protective devices or clothing that the employer requires to be used or worn; Report to employer the absence of or defect in any equipment or protective devices of which the worker is aware and which may endanger himself, herself or another worker; and Report to employer any contravention of the Occupational Health and Safety Act or the regulations or the existence of any hazard of which he or she knows.

Section G-2, pg. 3 THE CORPORATION OF THE COUNTY OF HALIBURTON Section: G-2 Issued: April 22, 2006 Revised: July 24, 2009 SUBJECT: HEALTH & SAFETY DUTIES AND RESPONSIBILITIES Reviewed: March & EMPLOYER, WORKER, SUPERVISOR AND OTHER PERSONS October 2011 Reviewed: January 2012 Reviewed: January 2013

Supplied labourers must have a formalized accountability system which outlines the progressive (staged) discipline process. The labourers must understand the consequences of health and safety rules and procedure violations. With this system in place labourers are likely to comply with employer’s health and safety initiatives if violations are uniformly enforced.

CONTRACTOR The Contractor has a duty to: Ensure that all contractor and sub-contractors comply with the OHSA; Ensure health and safety to workers; Provide qualified workers for work performed; Ensure all work performed in accordance with governing legislation, regulation, and industry standards Provide to the County a WSIB Clearance Certificate and or proof of insurance coverage.

The employer is to provide all contractors with a formalized contractor policy. This policy will include topics such as a performance rating system, personal WSIB coverage, personal liability, contract incentives, removal from the work place, etc. This policy will be communicated to all contracted employees. This policy reinforces the employer’s commitment to provide and maintain a healthy and safe operation by enforcing the same health and safety standards for everyone performing work in the workplace.

INDEPENDENT OPERATORS Independent Operators do not need WSIB coverage but they do need to provide proof/confirmation of insurance coverage.

VISITOR The visitor has a duty to: Be escorted to a designated area Be aware of the location of emergency exits, first aid kits and AED units Remain in designated areas Use all personal protective equipment as per workplace requirements Report any injury or illness suffered during the visit

Revisions (2009) were made to this policy to include Clearance Certificates from Contractors, include Independent Operators, and revise Visitor responsibility as per Workwell Audit

Section G-2, pg. 4 County of Haliburton Policies and Procedures Manual HEALTH & SAFETY SENIOR MANAGEMENT COMMITMENT Policy: HS-01 Approval Granted by: Committee of the Whole W-139/06 April 12, 2006 County Council R-76/06 April 26, 2006 Revised March 2010 Revised February 2011 Revised October 2011 Reviewed January, 25 2012 Reviewed January, 23 2013

PURPOSE The purpose of this document is to provide a framework to help senior management reduce injuries and occupational disease at the County of Haliburton. Numerous studies have shown that senior management commitment is crucial in reducing injuries and disease in the workplace.

DEFINITIONS Senior Management: Consists of the County CAO and the heads of the County Departments and the CEO of the Haliburton County Library.

RESPONSIBLITY Senior management will lead the County of Haliburton by showing commitment and action toward the reduction of injuries and disease.

PROCEDURE Senior management will improve health and safety at the County of Haliburton by continually addressing health and safety concerns at bi-weekly department head meetings. Health and Safety is an ongoing agenda item for discussion by the senior management team. Through this forum, the heads of each department receive health and safety legislative updates, review policy prior to implementation, discuss strategies for enhancing the health and safety culture of the organization, compare procedures interdepartmentally for purposes of ensuring best practices are utilized throughout the organization, and determine overall training needs for health and safety in conjunction with the annual budget process. Senior management shall also perform annual workplace inspections, respond to recommendations put forth by the Joint Health and Safety Committee and/or Health and Safety Representatives as well as to encourage and integrate health and safety into all aspects of the organization.

Jim Wilson, CAO Evelyn Fenwick, Director of Human Resources

Jane Tousaw, Director of Planning Laura Janke, Treasurer

Pat Kennedy, Director of EMS Doug Ray, Director of Public Works

Bessie Sullivan, CEO County Library

County of Haliburton P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Warden Carol Moffatt

James G. Wilson, CAO 705-286-1333 phone 705-286-4829 fax [email protected]

To: Warden Carol Moffatt and Members of Haliburton County Council

From: Jim Wilson, CAO

Re: Proposed Changes to the Tourism Development Committee

Date: January 23, 2013

Recommendation: That the January 23, 2013 staff report on proposed changes to the Haliburton County Council Tourism Development Committee be received by Haliburton County Council and that the proposed changes be incorporated into the County of Haliburton Procedural Bylaw and that the bylaw be presented for approval.

Background: The Haliburton County Council Tourism Development Committee is a standing committee of County Council and is currently composed of four members of Haliburton County Council. The Committee meets monthly and deals with tourism marketing and development business. At the January 9, 2013 Tourism Development Committee meeting, a delegation from the Haliburton Highlands Tourism Committee made a presentation focusing on ways to improve communication linkage between the County and the tourism stakeholders. Out of that discussion, the members of the Tourism Development Committee suggested one possible option would be to expand the size of the current Tourism Development Committee to include representation from the tourism stakeholders. This representation could include representatives from the Haliburton Highlands Tourism Committee and others in the Haliburton Tourism industry who are not members of the Haliburton Highlands Tourism Committee.

Analysis: Any changes to the current structure of the Tourism Development Committee will require an amendment to the County of Haliburton Procedural Bylaw. Currently, section 9(7) of Bylaw No 3496 reads as follows:

Regular meetings of the Tourism Development Committee will generally be held in the County Council Chambers on a Wednesday, two weeks prior to the regular session of Council for any given month. The Tourism Development Committee of Council shall be comprised of one elected County Council representative from each of the member municipalities with the mandate to: Monitor the tourism marketing development activities undertaken by the County. Review the annual work plan and recommend same to Council. Support initiatives of the Department of Tourism Development and Marketing Recommend tender and quotation awards to Council Recommend departmental budget to Council Recommend policies to support tourism development and marketing initiatives. Oversee the Implementation of the Rail Trail Master Plan Recommend work plans; deal with operational issues and associated budgets to Council with regard to the Haliburton Rail Trail Corridor.

The Tourism Development Committee is proposing that the Tourism Development Committee be expanded to 7 members with two members being appointed from the Haliburton Highlands Tourism Committee and one member from the public who has an interest in the tourism industry and is not a member of the Haliburton Highlands Tourism Committee. The proposed wording for the County Procedural Bylaw amendment would be amended to read as follows:

Regular meetings of the Tourism Development Committee will generally be held in the County Council Chambers on a Wednesday, two weeks prior to the regular session of Council for any given month. The Tourism Development Committee of Council shall be comprised of one elected County Council representative from each of the member municipalities, two representatives from the Haliburton Highlands Tourism Committee and one other public member with an interest in the County tourism industry who is not a member of the Haliburton Highlands Tourism Committee with the mandate to: Monitor the tourism marketing development activities undertaken by the County. Review the annual work plan and recommend same to Council. Support initiatives of the Department of Tourism Development and Marketing Recommend tender and quotation awards to Council Recommend departmental budget to Council Recommend policies to support tourism development and marketing initiatives. Oversee the Implementation of the Rail Trail Master Plan Recommend work plans, deal with operational issues and associated budgets to Council with regard to the Haliburton Rail Trail Corridor.

The proposed amendment would also recognize a decision made by County Council in 2012 to move all business related to the Haliburton County Rail Trail Corridor from the Tourism Development Committee to County Council.

Should County Council proceed with this proposed change, the Haliburton Highlands Tourism Committee will be requested to submit the names of two individuals who would be willing to sit on the Committee as their representatives. The County will also proceed with giving public notice for interested applicants not affiliated with the Haliburton Highlands Tourism Committee to submit their name to the County for the third public seat on the Committee.

Once the names of the public appointees have been finalized, the County’s Appointment Bylaw will need to be amended to reflect those changes to the Tourism Development Committee.

Financial: It is proposed that the public members would receive a per diem for meeting attendance as is the case with other members of the public appointed to County Committees.

Doug Ray

Director of Public Works COUNTY OF HALIBURTON Haliburton County Roads Box 399, Minden, ON. K0M 2K0 Phone: 1-705-286-1762 DEPARTMENTAL REPORT Fax: 1-705-286-4881 Cell: 1-705-457-5483

Prepared by: Doug Ray, Director of Public Works

Prepared for: Haliburton County Council

Date: January 23, 2013

Subject: Monthly Report

Recommendation: Information

The Rail Trail has been prepared for winter use by the Snow Mobile Club.

A Draft Budget for regular maintenance work, trail surface improvements, culvert repairs, fencing, safety, trespass and Code of Conduct signage has been prepared for discussion with Council in January 2013.

The CIIF funding application was not successful.

REVIEWED BY: Jim Wilson, CAO

ATTACHMENT(S): Public Works Status Report on Rail Trail Corridor Phone Log STATUS REPORT – Public Work Items for the Rail Trail January 2013

DATE ITEM STATUS TO BE DONE COMPLETION

July Cost Estimates for Trail Submitted and Surface Development approved Sept. 2012 ------complete

July Drainage and drainage structures evaluation. To be presented Oct. 24 ------complete

July Safety Signage, Usage Determining what is Gather information with Mark December 2012 to and information Signing, required Cole, insurance carrier, other trail June 2013 trespass signs, Code of organizations, and motorized Conduct, users, develop a signage policy document. Estimate cost, implement the installation. July Contact property owners expressing trespass Contacts made Ongoing communication ongoing issues. regarding gates and signs. July Contact Cycling Clubs No contact yet reports July Prepare Maintenance Standards Submitted and approved ------complete Sept. 2012

August CIIF Application for funding If approved, retain a structural submitted $350,000 consultant for repairs to the Application was not trestle and schedule the surface successful. and drainage improvements. December Budget Draft Budget Complete Review Draft with Council March 2013

County of Haliburton Rail Trail December Phone Log Report

Dec 6, 2012- Jan 16, 2013 Report prepared Jan 16, 2013 Call # Date Call type Content Response

No calls re Rail Trail Dec 6, 2012 - Jan 16, 2013

COUNTY OF HALIBURTON

Public Works

11 newcastle st. minden, Ontario

k0m 2k0

Rail Trail – Draft Budget Submission 2013

2012 HIGHLIGHTS

Early in 2012 County Council adopted a community development approach to engage the public and to provide County Council with a mandate to manage the trail. (Haliburton County Rail Trail Community Engagement Strategy) A Rail Trail sub committee was formed to review the recommendations and findings of the community engagement and to create an effective management and development program. The subcommittee identified immediate tasks to be completed and proposed the following that has been adopted by County Council.

The Tourism Development Committee of Haliburton County Council will be responsible for recommending future major development and changes of use, of the trail to Haliburton County Council.

Haliburton County Public Works Department has been given the responsibility of daily management and maintenance of the trail.

SUMMARY OF DECISIONS, CHANGES, DEVELOPMENTS AND ACTIVITIES

The trail will remain a multi-use trail. Time frame for ATV use of the trail has been expanded to begin May1st each year. A Minimum Maintenance Standard and a Trail Design Standard have been adopted by County Council. A drainage and drainage structure evaluation was completed and rehabilitation estimate prepared. Haliburton ATV Association supplied 500 tonnes of granite crush and screenings for trail surface repair. Special Event Permits were issued to Friends of the Rail Trail, Corduroy Enduro and Bark Lake Development Corp.

2013 DRAFT BUDGET AND DEVELOPMENT PLANS

Rehabilitate 3 crossing culverts Repair and upgrade 1 -2 km of trail surface. Develop a signing policy and place information, and regulatory signs. Identify and sign zones where additional safety cautions are required. Develop a Code of Conduct for trail users. Identify and place private property fencing as required. RAIL TRAIL COUNTY OF HALIBURTON 2013 BUDGET

Account Description 2011 2012 2012 2013

ACTUAL BUDGET ACTUAL BUDGET COMMENTS

1-00-070-11-RAILCR-3400000 FEES (4,950.00) (5,000.00) (4,950.00) (5,000.00) 1-00-070-11-RAILCR-3700000 CONTRIBUTION FROM ATV ASSC (5,000.00) TOTAL REVENUE ($4,950.00) ($5,000.00) ($9,950.00) ($5,000.00)

RAIL CORRIDOR MAINTENANCE 1-00-070-11-RAILCR-4100101 WAGES 6,220.96 6,881.70 10,500.00 Work to include rehab 3 culverts, install signs, place gravel 1-00-070-11-RAILCR-4100201 BENEFITS 1,486.01 2,063.52 3,600.00 1-00-070-11-RAILCR-4200501 MATERIALS SUPPLIES AND SERVICES 13,760.58 7,441.22 38,000.00 calcium, signs, culverts, form work, concrete etc. 1-00-070-11-RAILCR-4200700 ADVERTISING 235.07 256.45 1-00-070-11-RAILCR-4201003 PROFESSIONAL SERVICES - OTHER 5,088.00 4,341.69 2012 Public Consultation process 1-00-070-11-RAILCR-4201004 CONTRACTED SERVICES 4,253.57 5,000.00 4,000.00 1-00-070-11-RAILCR-4201301 RENTALS & HIRED EQUIP OWN 2,559.10 5,531.00 1,800.00 1-00-070-11-RAILCR-4201302 RENTALS & HIRED EQUIP - OTHER 6,304.03 6,500.00 contracted grading 1-00-070-11-RAILCR-4201900 OTHER 475.18 25,000.00 29.63 TOTAL EXPENSES $34,078.47 $25,000.00 $37,849.24 $64,400.00

NET EXPENDITURES $29,128.47 $20,000.00 $27,899.24 $59,400.00

RAIL TRAIL Draft 2013 Budget.xlsx COUNTY OF HALIBURTON

2013 BUDGET FORESTRY

Priorities and Objectives 2013

Monitor logging operations on a regular basis to ensure compliance with Forest Conservation By-law, and maintain level playing field for the logging industry in Haliburton County

Take enforcement action when necessary to achieve compliance

Dissemination of forest science information applicable to Haliburton County including forest health issues, silvicultural techniques, and ecosystem health issues

Correspondence regarding applicable science and technological information to industry and landowners regarding good forestry practices

Educate landowners and industry on good forest management techniques, applicable legislation and by-law requirements

General liaison for forestry matters on behalf of the County of Haliburton with individual property owners, logging contractors and associations such as the Stewardship Council

Encourage safety, harmony amongst users, and positive recreational experiences on the Haliburton County Rail Trail through effective by-law enforcement

The effect of the Shoreline Tree Preservation By-law enforcement on the forestry budget is unknown. At this time $2,500 extra is included in the budget for enforcement services. FOREST CONS COUNTY OF HALIBURTON 2013 BUDGET

Account Description 2011 2012 2012 2013

ACTUAL BUDGET ACTUAL BUDGET COMMENTS

FOREST CONSERVATION 1-00-020-02-BYMS00-3400000 FEES (735.00) (500.00) (1,330.00) (500.00) TOTAL REVENUE ($735.00) ($500.00) ($1,330.00) ($500.00)

1-00-020-02-BYMS00-4200100 OFFICE SUPPLIES & EQUIPMENT 200.00 732.32 200.00 1-00-020-02-BYMS00-4200401 VEHICLE - PARTS AND REPAIR 161.80 200.00 200.00 1-00-020-02-BYMS00-4200700 ADVERTISING 100.00 100.00 1-00-020-02-BYMS00-4201001 PROFESS.SERV.-LEGAL & ACCTG 2,000.00 1,444.99 2,000.00 1-00-020-02-BYMS00-4201002 PROFESS.SERV.-CONTRACTED 40,189.01 44,000.00 40,293.23 44,500.00 1-00-020-02-TREEPR-4201002 PROF SERV-TREE PRESERVATION 528.55 2,000.00 1-00-020-02-BYMS00-4201101 TELEPHONE 278.49 400.00 270.26 400.00 1-00-020-02-BYMS00-4201103 POSTAGE 27.06 100.00 51.58 100.00 1-00-020-02-BYMS00-4201400 MEMBERSHIPS 213.70 600.00 371.41 600.00 1-00-020-02-BYMS00-4201501 MILEAGE 9,407.51 10,000.00 9,083.31 11,300.00 1-00-020-02-TREEPR-4201501 MILEAGE -TREE PRESERVATION 149.69 500.00 1-00-020-02-BYMS00-4201502 TRAINING - REGISTRATION 697.05 700.00 139.35 700.00 1-00-020-02-BYMS00-4201503 TRAINING - OTHER 880.48 900.00 66.14 900.00 TOTAL EXPENDITURES $51,855.10 $59,200.00 $53,130.83 $63,500.00

TOTAL NET EXPENDITURES $51,120.10 $58,700.00 $51,800.83 $63,000.00

Forest Conservation 2013 Draft Budget -Jan 23 2013.xlsx COUNTY OF HALIBURTON

2013 BUDGET

REQUESTS FOR FUNDING

The following are requests that the County of Haliburton has received for funding for 2013.

2013 2012 Request Actual

Creative Business Incubator $ 2,000 $ 1,000

Chamber of Commerce $50,000 0

Haliburton-Muskoka Children’s Water Festival (2012-Festival) $5,000 $ 4,000 Haliburton Highlands Outdoors Association (Environmental programmes, expansion of hatchery and facilitate community programmes) $20,000 $15,000

The last two requests were discussed with the 2012 budget and it was agreed that both these groups support worthwhile causes that we want to see continue in our County. It was decided to continue to fund them with an exit plan. The proposal from the committee in 2012 was for the next 3 years, and is outlined below. This is what is included in the 2013 draft budget.

Water Festival 2012 - $4,000, 2013- $2,500, 2014 - $1,000 and 2015 no funding.

HHOA – 2012 - $15,000, 2013- $10,000, 2014- $5,000 and 2015 no funding.

County of Haliburton P.O. Box 399 – 11 Newcastle Street Minden, Ontario K0M 2K0 Warden Carol Moffatt

Laura Janke 705-286-1333 phone 705-286-4829 fax Treasurer

[email protected]

To: Warden Moffatt, and Members of Haliburton County Council

From: Laura Janke, Treasurer

Re: Fee-by-law

Date: January 23, 2013

Recommendation: That Haliburton County Council receives for information the report on the fee bylaw and that it is recommended that the County of Haliburton that new draft fee bylaw be approved.

Background: The current fee By-law No. 3500 was passed in July 2012. Further to our budget discussions in December 2012, it was decided to open the fee by-law today while reviewing the budget draft. Appropriate notice has been provided in accordance with our notice by-law.

Analysis: Changes in the Planning Department are captured here and the details of the changes and additions to fees are explained in the budget document notes. Other departments have been consulted and minor changes have been made to increase fees minimally.

These new fee amounts have been considered when preparing estimates for the 2013 budget.

Financial: The fees being charged will be credited back to the appropriate department so that recoveries can be tracked against the associated costs.

Reviewed by: Jim Wilson, CAO CORPORATION OF THE COUNTY OF HALIBURTON

BY-LAW NO.

A BY-LAW TO ESTABLISH A TARIFF OF FEES FOR THE COUNTY OF HALIBURTON

WHEREAS the Municipal Act, 2001, S.O. 2001 c. 25, s. 391 provides that municipalities may pass by-laws imposing fees or charges on any class of persons; and

WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, s.392 requires that municipalities shall establish and maintain a list for public inspection indicating which of its services and activities and the use of which properties will be subject to fees or charges and the amount of each fee or charge; and

WHEREAS Section 69 of the Planning Act provides that a tariff of fees may be established for applications to Council, The Planning Board and the Committee of Adjustment in respect of planning matters; and

WHEREAS Section 23 (3) of the Public Libraries Act provides for a board to impose such fees as it considers proper; and

WHEREAS Section 415 of the Municipal Act provides that there may be a charge for the cost of the search and certified statement of the arrears due on any land; and

WHEREAS Section 397 of the Municipal Act provides that a municipality and a local board may pass by-laws imposing fees or charges on any class of persons; and

WHEREAS the Public Transportation and Highway Improvement Act R.S.O., 1990, Chapter P50 Section 63, provides that a County may by By-Law regulate i. the construction or alteration of any private road, entrance way, gate or other structure or facility that permits access to a county road; ii. any change in use of any private road, entrance way, gate or other structure or facility that permits access to a County Road, including the charging of a permit fee for such services; and

WHEREAS Section 74 of The Municipal Act provides that there may be a charge for the cost of photocopying information relating to Council Minutes, Resolutions and other matters relating to the business of a municipality;

NOW THEREFORE, the Council of the Corporation of the County of Haliburton hereby enacts as follows:

1. That Schedule “A” attached hereto and forming part of this By-law sets out fees for: planning matters; tariff of fees and charges for various matters as authorized under The Municipal Act, and photocopying fees for the provision of information; tariff of fees and charges for various matters as authorized under The Public Transportation and Highway Improvement Act.

2. The lists of fees charged for various services, activities and use of properties as set out in the schedules attached hereto be approved and made available for inspection by the public during regular office hours and by posting on the County website

3. That any and all By-laws contrary to this By-law including By-law No. 3500 are hereby repealed; and

4. That this By-law shall come into force and be in effect from and after the final passing thereof.

READ a First, Second and Third time, passed, signed and the Corporate Seal attached this 23rd day of January 2013.

______Carol Moffatt Warden

______Jim Wilson CAO/Clerk

COUNTY OF HALIBURTON SCHEDULE ‘A’ TO BY-LAW TARIFF OF FEES

Planning Act

Description Fee Initial Fee – Subdivision or $2,800.00 Condominium + $100.00 per lot or block Common Elements Condominium to serve a Plan of $1,200.00 Subdivision, circulated + $100.00 per lot or block concurrently Section 9 of the Condominium Act Plan of Subdivision/Condominium Plan revision - major (re- Section 51 of the Planning Act and Section 9 of the circulation required) $1,200.00 Condominium Act Plan revision - minor (recirculation not required) $700.00 Extension of Draft Approval (per year) $700.00 Reimbursement of all Cost Recovery professional fees and expenses $5,000.00 deposit Condominium Initial Fee $1,200.00 Exemption/Conversion Section 9 of the Condominium Act Reimbursement of all Cost Recovery professional fees and expenses $3,000.00 deposit Part Lot Control By-law Section 50(7.1) of the Planning Act Initial Fee $450.00/lot Reimbursement of all Cost Recovery professional fees and expenses $3,000.00 deposit

Initial Fee - Amend County Plan $1,200.00 Initial Fee - Amend Local Official Plan Municipal Plan initiated by other than Local Council $900.00

Reimbursement of all Cost Recovery

professional fees and expenses $3,000.00 deposit Copy of County of Haliburton Official Plan $30.00

Site Plan Control Initial Fee $800.00

Consent Application Fee $950.00 Consent Application Fee (a $600.00/ea. group of over 25 applications)

Stamping of Deed $125.00 Consent Deferral of Decision at request of applicant $150.00 Change of conditions(provisional consent) at request of applicant & requires notice recirculation of proposed changes $150.00 Reimbursement of all Cost Recovery professional fees and expenses $3,000.00 deposit

COUNTY OF HALIBURTON SCHEDULE ‘A’ TO BY-LAW TARIFF OF FEES

ROADS DEPARTMENT

Service Provision Description Fee $150.00 Private/Residential/Field + Security Deposit $500.00 $250.00 Mutual Access + Security Deposit $500.00 $250.00 ENTRANCE PERMIT Commercial Access + Security Deposit $500.00 See County By-Law No. 2229 Temporary Access $100.00 + Security Deposit $500.00 Ownership Record Update – Issuance of Permit $40.00 Delineation Posts TRAFFIC BARRIER Re-Instatement of Guide Posts $70.00Ea. RESTORATION Cost Recovery Steel Beam Guide Rail and Actual Costs for Material and Three Cable Traffic Barrier Labour Severance of Barrier and Cost Recovery TRAFFIC BARRIER Re-Instatement with + Security Deposit $1000.00 MODIFICATION – FOR ACCESS Modifications OVER-DIMENSIONAL LOAD PERMIT Single Trip $50.00 Annual Trip Copy of Current Commercial Liability Insurance Certificate $300.00 LICENSE OF OCCUPATION/ Occupation of Road Allowance ENCROACHMENT PERMIT $400.00

ROAD CLOSURE AND Reimbursement of all Cost Recovery CONVEYANCE professional fees and expenses + $1000.00 SIGN AND RELATED Field Advertising – Type A Initial Fee - $100.00 ADVERTISING DEVICES + Annual Renewal Fee $50.00

Field Advertising – Type B Initial Fee of $5.50/Sq. M.+$75.00 + Annual Fee of $110.00

Location – Type A One Time Fee of $100.00

Location – Type B Fee of $7.50/Sq. M.+$150.00 Minimum Fee of $300.00 NEW 20cm Fingerboard $100.00 Commercial/Business NEW 30cm Fingerboard $125.00

Fingerboard Signs – Type A NEW 40cm Fingerboard $150.00 +Annual Renewal Fee $50.00 NEW 30cm Fingerboard $125.00 Commercial/Business NEW 40cm Fingerboard $150.00 Fingerboard Signs – Type B +Annual Renewal Fee $110.00 NO FEE Decorative Municipal Application Required and Permit Identification Displays Issued

TYPE A SIGNS shall be defined as any form of signage requiring the issuance of a permit that exists or will be situated on County Roads assumed into the Road System prior to April 1, 1997

Type B SIGNS shall be defined as any form of signage requiring the issuance of a permit that exists or will be situated on former highways transferred to the County of Haliburton from the Ministry of Transportation – specifically County Roads 21, 48, 121, 503, 507 and 648.

COUNTY OF HALIBURTON SCHEDULE ‘A’ TO BY-LAW TARIFF OF FEES

MAP PRODUCTS

PAPER PRODUCTS

MAP PRINTS – Laser Jet

8-1/2” X 11” B/W or COLOUR $8.00 8-1/2” X 14” B/W or COLOUR $8.00 11” x 17” B/W $8.00 COLOUR $10.00

MAP PRINTS – Plotter

>11” x 17” and <12” x 20” B/W or COLOUR $22.00 >12” x 20” and <20” x 28” B/W $22.00 COLOUR $25.00 >20” x 28” and <24” x 36” B/W $22.00 COLOUR $27.00 >24” x 36” and <34” x 46” B/W $24.00 COLOUR $35.00 36”x 48” B/W $25.00 COLOUR $37.00 40” x 55” B/W $25.00 COLOUR $40.00

IMAGE DATA

Image data products (i.e. jpeg, tiff, gif, etc) without exact coordinates of features and without the ability to change the data may be supplied

Non-custom image data $10.00

CUSTOM REQUESTS (Either Paper or Image Data Format)

Base Price (includes 1 hour of labour) $50.00 + Hourly rate (after first hour) $40.00/hr Additional copies of a custom map are charged at the map rate indicated above.

DIGITAL DATA Street Single-line Network (.dgn, .dwg, of .shp format) $1,500.00 - Includes street name & address ranges, does not include address points or postal codes

9-1-1

Civic Address Assignment (refer to Bylaw 3328 Sched A, C 6.2) $ 80.00 Civic Address Reassignment (refer to Bylaw 3328 Sched A, C 5.3) $ 80.00 Replacement Civic Address signage (refer to Bylaw 3328, C 14) $ 25.00 Replacement Civic Address post (refer to Bylaw 3328, C 14) $ 25.00 Creation of a new Road (refer to Bylaw 3328 Sched B, C 2.7.5) $ 600.00 Renaming of a road (refer to Bylaw 3328 Sched B, C 2.7.2) $ 400.00 Renaming of a road (refer to Bylaw 3328 Sched B, C 2.7.4) $1,500.00 Renaming of a road (refer to Bylaw 3328 Sched B, C 2.7.3) $ 500.00 Additional road names screening request (refer to Bylaw 3328 Sched B, C 2.7.1) $ 100.00 Violation of Section 425 of the Municipal Act (refer to Bylaw 3328 C 16) $2,000.00

911 Road Atlas Black and White $ 75.00 911 Road Atlas Colour $ 120.00

COUNTY OF HALIBURTON SCHEDULE ‘A’ TO BY-LAW TARIFF OF FEES

EMS

Special Event Control Hourly Rate $161.00/hour Fees (Minimum 4 hours) Administration Fee $161.00 Meal Allowance $24.00 (per crew for every 5 continuous hrs) Copying and Researching Documentation $75.00 per request

Tourism

$100.00 Permit for Commercial Film Fee per Application (plus GST) Security Deposit $1,000.00 Maximum of 4 Bundles (of 25) at Haliburton County Road Map Retail Price $1.00 $0.50 per map

Administrative Services (various locations)

Black & White Photocopying $0.15/page Colour Photocopying** $0.50/page Black & White Printing $0.15/page Colour Printing** $0.50/page Fax – Send or Receive $1.50/page Laminating – 8 ½ x 11 $1.50/page Laminating – 8 ½ x 14 $2.00/page ** If more than 25% of the page is colour then the colour rate is to be charged.

COUNTY OF HALIBURTON 2013 BUDGET

JANUARY 23 2013 2012 SURPLUS

 Still not finalized- audit not started and still some adjustments to be made- currently surplus at $19,000 after transferring to reserve $160,000 for roads and $15,000 for social services and housing  Previously approved that this surplus goes into the working fund reserve  In 2011 a surplus of $57,100 was used to fund operations in 2012  The 2013 draft budget does not have any 2012 surplus  On 2012 gross expenditures of $ 18,060,000 this is 1 tenth of 1% variance

FUNDING

 Out of the $20,646,600 that it costs to operate the County in a year, $12 .6 million is derived from property taxes  The County’s reliance on other levels of Government continue  Roads capital is relying on a $1.9million MIII grant.  The announcement for Land Ambulance Funding has not been received for 2013, an estimate with 1.5% increase has been used  OMPF Funding is down $88,900 from 2012 level SOURCES OF FUNDING

14,000,000 12,000,000 10,000,000 From reserves 8,000,000 User fees etc 6,000,000 Feds & Province 4,000,000 Property Taxes 2,000,000 0 2012 2013 REQUESTS FOR FUNDING

 Budget includes $38,500 grants to outside organizations. The grants have been scaled back as per the Finance Committee

 Chamber of Commerce request, not decided on Dr. Recruitment $25,000 Outdoors Association $10,000 Children’s Water Festival $ 2,500 Creative Business Incubator $ 1,000 Federal and Provincial Grants

 Currently in our 2013 budget there is capital funding from the Provincial Government for a bridge. This funding is estimated at 90%

 The Walker property project is getting closer to shovel ready, with an RFP out to service the property

 If there are mid-year announcements, for any other grants, our share would have to come from long term borrowings Long-term Borrowing

 2012 was the final year on a short term loan that was used to fund roads capital projects

 Currently the County is debt free

 The ARL (Annual Repayment Limit) for 2012 allows the County to repay up to 2,562,836 per year on any debt

Assessment % share of assessment

14.5 Dysart

37.62 Minden Hills 20.91 Algonquin Highlands Highlands East 26.97 RESERVE BALANCES

 In January 2007, when the total reserve balance was $ 2,104,400 County Council was advised by the Treasurer, the County Auditor and the Ministry, that County Reserves were not sufficient

 Significant progress was made from 2008-2010 to increase these reserves

 The 2013 draft budget is projecting a reserve balance of $2.4 million by year-end. Adding the Walker property (which will likely be funded in the future through sale of assets and borrowings) this balance would be $3.3 million RESERVES

 Overall reserve balances decreased by $544,900 in 2012  The current budget sees Reserves decreasing again in 2013 by $1,211,300  5 year capital plans now reported and will continue to be updated each year  Budgeted servicing at Walker property to be drawn from reserves until costs are all accumulated, then long term borrowing will be recommended to repay reserves 2007-2012 Reserve Balances

RESERVE BALANCES 6,000,000

5,000,000

4,000,000

3,000,000

2,000,000

1,000,000

- 2007 2008 2009 2010 2011 2012 2013 EXPENDITURES BY DEPARTMENT

ADMIN OTHER MPAC 3% 3% LIBRARY 5% 4%

ROADS HEALTH 43% 23%

PLANNING 2% BROADBAND SOCIAL SERV 1% & HOUSING TOURISM 14% 2%

12 EMERGENCY SERVICES

13 Highlights of Ambulance Program Budget  Reduced number of times the service was without coverage  Reduced average response times in the community  New base opened in Tory Hill  Additional skill training being offered to staff  Completion of transition from paper to electronic ambulance call report format  Within budget EMERGENCY SERVICES

KM’s travelled Annually 2009: 258,000 2011: 322,000 2010: 290,000 2012: 307,600

Fuel costs 2009: $43,000 2011: $74,000 2010: $57,000 2012: $69,600 PLANNING

 Apportioned staffing costs between planning, GIS and Land Division – Director and 2 staff

 Increase of Land Division and other fees are proposed in the fee by-law today

 Reserves not used in 2012, $20,000 proposed to be used from reserve in 2013

 Growth management study captured here -total net cost in 2013 - $25,000 (net of HCDC grant)

PLANNING – CON’T

 Scoop project in proposed budget at a cost of $29,000 for 2013

 $28,000 incorporated into GIS budget to upgrade system, flex viewer and mapping based application for Tourism

 Overall budget increase $76,500

TOURISM

 2012 actual slightly over budget, due to in-year approved decisions  2013 budget up $11,400 over 2012 budget.  Celebrate Ontario applied for again in 2013 to support Hike Haliburton  Destination guide projected to be revenue neutral  Pond Hockey – 2013 net cost is $10,000  Continued support of $15,000 for satellite tourism offices in municipalities LIBRARY

 Budget Recommended by Library Board  2.5% increase not including CAP  4% including CAP with no cuts to services CAP  Federal Funding eliminated (some provincial funding in place)  Feedback has indicated that CAP is a highly valued service  Capital Budget includes a 5 years replacement program for CAP/Branch Computers

ROADS

 2012 surplus of $160,000 in construction moved to 2013 capital operations  MIII expression of interest filed in December for bridge in Haliburton, funding of $1.7 million budgeted for  Total roads budget up $494,500 over 2012  Machinery reserve proposed going down to $343,000 at end of 2013, with 5 year forecast indicating contributions necessary to fund new equipment

ADMINISTRATION

 Benefits up due to increased costs including OMERS

 Insurance costs remain stable

 Supplementary taxation and write-offs, budgeted at a five year average

 Inter-functional support from EMS to obtain funding on admin costs associated with operating the service

BROADBAND

 Staff negotiated with RBS – reduction in costs for a further one-year contract  EORN project budgeted for and being funded from reserve as 2013 final year of commitment,  Still a reserve for broadband, that can be used to fund future projects in our County

SOCIAL HOUSING

22  In 2012, the reserve was drawn down by $90,000 for Dysart project and $35,337 for other projects. Capital costs for social housing have been taken from the reserve for social services and housing as in the past  Reserve balance now at $267,600, expected to be almost all used in 2013 for capital  5 year capital plan, has major future costs to our units  Taxation will have to be used to fund these projects in future years  Current committee involvement on 10 year housing and homelessness plan

SOCIAL SERVICES

 2012 actuals still not received, expecting a $15,000 surplus and it has been transferred to reserves

 Small increase in caseloads expected

 Upload in 2013 will provide savings of over $80,000.

 2012 discussions relating to discretionary benefits and changing of funding envelopes have been reflected in the current 2013 proposed budget

OTHER HIGHLIGHTS

 Forestry includes shoreline tree preservation

 Computers include support to all municipalities

 Buildings – possibly a generator for 11 Newcastle

 911contract for service still with Northern Communications

 Rail Corridor budget increased, due to 2012 public consultation and subsequent plan Where residential taxes go

NET LEVY

2,617,700 2,492,700 Health

Roads

Social Services & 1,966,000 Housing All other services

4,935,000 TAX RATES

 Budget includes a County increase of 2 % on the levy plus the growth

 Residential tax rate $173.56 per $100,000 of assessment (levy at 12,533,000)

 2012 rate was $167.26

 Decrease in school levy based on overall Provincial average from $221.00 to $212.00 per $100,000 of residential assessment

COMMERCIAL TAX RATES

 Commercial and industrial assessment make up 3.0% of the County’s total taxable assessment

 2012 tax rate for commercial assessment was $248.00 per $100,000 of assessment

 Based on the draft budget in your binder the commercial rate would be $257.33

 For every 1% increase in the County overall levy or $120,000 of an increase, this is a cost of $2.46 per $100,000 of commercial – vs. $1.66 of residential assessment County Levy 2007-2012

LEVY 14000000

12000000

10000000

8000000

6000000

4000000

2000000

0 2007 2008 2009 2010 2011 2012 2013 SUMMARY

 Each individual budget has been reviewed at the committee level, as well as in detail with the CAO and Treasurer  Pressures of need for expenditures on roads capital projects, EMS overall operations, decreased Provincial OMPF Funding; rising labour and benefit costs (including new hires in 2012); , and overall responsiveness to property owner needs  Mitigated by small increase in assessment growth, decrease in social services costs, no debenture payment and further contributions from reserves and other overall efficiencies CONCLUSION

 2012 Surplus not final

 Health Unit Levy still unknown, will have to be absorbed if over 2% increase

 Funding for Land Ambulance not announced, decisions will have to be made if funding not at budget level

 2013 tax rates continue to make The County of Haliburton an attractive location to live, work and play

Haliburton, Kawartha, Pine Ridge District Health Unit Board of Health Meeting November 15, 2012

HALIBURTON, KAWARTHA, PINE RIDGE DISTRICT HEALTH UNIT BOARD OF HEALTH MEETING November 15, 2012

M I N U T E S

The meeting was convened by the Chair, Mr. Lovshin, at 10:07 a.m., in Lindsay. Those in attendance were Mrs. Stauble, Mrs. Masters, Messrs. Brocanier, Elmslie, Dr. Noseworthy, Mrs. Bickle, Mrs. Tremblay and Mrs. McDonald. Ms. Jack and Mr. Burton were absent with regrets.

1. ADOPTION OF AGENDA

Moved by Mr. Elmslie Seconded by Mrs. Stauble 2012-120 THAT the agenda be adopted as amended. carried

2. ADOPTION OF MINUTES

Moved by Mr. Elmslie Seconded by Mrs. Masters

THAT the minutes of the Board of Health meeting and the In-Camera meeting 2012-121 held October 18, 2012, be adopted as presented. carried

3. BUSINESS ARISING

3.1 Insurance Policies 2013

Mrs. Bickle clarified that the insurance policies held by Haliburton County and the City of Kawartha Lakes contain clauses to cover their councillors for conflict of interest. Northumberland County does not have this clause in its policies. Councillors who represent Northumberland County on the Board of Health will be included in the Board’s policy, along with the Provincial Appointees.

4. MOH UPDATES

Dr. Noseworthy reminded the Board of the Strategic Planning session scheduled for November 22 and 23 for the Board of Health and Management.

Dr. Noseworthy noted that two fourth-year medical students from the University of Toronto will attend the health unit for student placements, this winter. One student will attend for a three week placement and the second student will attend a four week placement. These placements provide opportunities to broaden the students’ experiences within various areas of medicine. The programs focus on workplace based learning, using many of the concepts they have learned about functioning as doctors, by participating in the

2630 Haliburton, Kawartha, Pine Ridge District Health Unit Board of Health Meeting November 15, 2012

“real” work of physicians and by shadowing a variety of public health professionals.

Dr. Noseworthy reported that attendance at health unit influenza vaccination clinics is presently slightly lower than 2011. A total of 2500 people were vaccinated as of November 7, 2012.

Two influenza vaccines were suspended for distribution for a few days by Health Canada. The vaccines have now been determined as safe for use and are now being distributed.

Uptake of the human papilloma virus vaccine expansion program has to date, been less than expected.

Dr. Noseworthy agreed to provide additional information to the Board of Health related to the ages that qualify for the vaccine.

5. REPORTS 5.1 Impact of the Changes in Social Assistance Health Benefits Kristina Nairn, Social Determinants of Health Nurse and Anna Rusak, Health Promoter, Oral Health, provided a detailed report that explained the effects the province’s proposal to cap funding for social assistance will have on the health of those recipients. Ms. Rusak also discussed the need to streamline the oral health assistance programs to make them more accessible and more equitable.

Moved by Mrs. Stauble Seconded by Mr. Brocanier

WHEREAS, individuals and families in receipt of social assistance benefit from health and non-health related Discretionary Benefits (DB) funds to support them with such needs as adult dental care, hearing aids, glasses, baby equipment (cribs/car seats/breast pump rentals), recreation subsidy for children and funeral expenses, while Community Start Up and Maintenance Benefit (CSUMB) funds help pay for the initial costs of starting a new home (last month’s rent deposit, heat/hydro/phone deposits, moving costs etc.) or costs to prevent eviction or disconnection; and

WHEREAS, the Provincial budget released in March 2012 has placed a cap to include both non-health related and health related discretionary benefits at $10.00 per case per month, and the Provincial Government has removed the CSUMB from social assistance; and

WHEREAS, these funding cuts affect the most vulnerable individuals and families in our communities, increasing their risks for poor health outcomes; and

WHEREAS the recently released social assistance review Brighter Prospects: Transforming Social Assistance in Ontario recommends that health-related special benefits be provided consistently to all social assistance recipients and low income Ontarians and that these benefits not be reduced; 2631 Haliburton, Kawartha, Pine Ridge District Health Unit Board of Health Meeting November 15, 2012

THEREFORE BE IT RESOLVED THAT the Haliburton Kawartha Pine Ridge District Health Unit Board of Health advocate that the Provincial government maintain 2012 levels of funding for social assistance programs and endorse the social assistance review Brighter Prospects: Transforming Social Assistance in Ontario, particularly recommendations # 28 which addresses the need for a Basic Measure of Adequacy, # 47 which identifies the need to extend health benefits to include social assistance recipients and low income Ontarians, and # 53 which recommends that funding for special benefits not be reduced; and

BE IT FURTHER RESOLVED THAT copies of this resolution be sent to the Premier and Leaders of the Progressive Conservative and New Democratic Parties, local Members of Provincial Parliament, Member Municipalities, the Association of Municipalities of Ontario, the Eastern Ontario Warden’s Caucus 2012-122 and all provincial health units for their support. carried

Moved by Mrs. Stauble Seconded by Mr. Elmslie

WHEREAS oral health has been linked to overall health and the ability to get and maintain a job and live a confident, fulfilled life; and

WHEREAS OHIP pays to treat infection in every part of the body except the mouth and one in four Ontarians do not visit a dentist because of cost; and

WHEREAS those most likely to report poorer oral health and barriers to accessing care include lower income earners, the uninsured, older adults and those with lower educations; and

WHEREAS working adults and seniors on fixed incomes do not have a government program to assist them with any dental care expenses; and

WHEREAS there are four provincial dental programs for children 0-17, and Healthy Smiles Ontario, the preventive and early dental treatment program, is underutilized provincially due to the low income cut off; and

WHEREAS local Ontario Works (OW) recipients are eligible for limited discretionary coverage mostly to get them out of pain, and Ontario Disability Support Program (ODSP) recipients are eligible for basic dental care and limited discretionary coverage for dentures; and

WHEREAS a recently invoked capping of funding for both non-health related and health related discretionary benefits decreases the amounts of funds available to assist individuals and families and places increased financial pressure on Municipalities; and

WHEREAS a number of recent provincial reports and initiatives have indicated the urgent need to move forward to transform the current oral care health system;

2632 Haliburton, Kawartha, Pine Ridge District Health Unit Board of Health Meeting November 15, 2012

THEREFORE BE IT RESOLVED THAT the Haliburton, Kawartha, Pine Ridge District Health Unit Board of Health call on the provincial government to streamline children’s dental treatment programs to make them more efficient, effective and equitable as recommended in Oral Health – More Than Just Cavities. A Report by Ontario’s Chief Medical Officer of Health, April 2012; and

Strongly endorse the need for provincial and municipal governments to enact recommendations made in the Brighter Prospects: Transforming Social Assistance in Ontario report, (#47 and #48) which recommend extending health related benefits like dental to all low income Ontarians (those on and off social assistance) and making these benefits consistent across the province

AND FURTHER THAT copies of this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Term Care, Local Members of Provincial Parliament, Member Municipalities, the Association of Local Public 2012-123 Health Agencies and all Boards of Health of Ontario. carried

It was requested that the report and recommendations be forwarded to the Health Unit’s funding municipalities and the Central East Health Integration Network, with the resolutions.

Moved by Mr. Elmslie Seconded by Mrs. Stauble 2012-124 carried THAT the report be received.

5.2 Visual Age Indicator for Ontario Driver’s License and Photo Identification Kris Kadwell, Tobacco Control Officer, updated the Board on the risks of using the current Ontario Driver’s license as an identification of those under the age of 19. He explained that the addition of a visual age indicator on the Ontario driver’s license would provide increased accuracy identification checks.

Moved by Mr. Elmslie Seconded by Mrs. Masters

WHEREAS the sale of tobacco and alcohol products to persons who are less than 19 years old contributes to the harm associated with the consumption of these restricted products, and

WHEREAS the most common type of identification produced when purchasing tobacco and alcohol products in Ontario is the Ontario driver’s license, and

WHEREAS the most common reason given by retailers when an illegal sale of tobacco or alcohol takes place is that they asked for and examined the Ontario driver’s license presented as ID but miscalculated or misread the date of birth, and

2633 Haliburton, Kawartha, Pine Ridge District Health Unit Board of Health Meeting November 15, 2012

WHEREAS the addition of a visual age indicator on the Ontario driver’s license would provide retailers with a tool that increases the accuracy of identification checks resulting in a reduction of illegal tobacco and alcohol sales and a decrease in the number of retailers charged with tobacco and alcohol related offences, and

WHEREAS every Canadian province, with the exception of Ontario and Quebec, and every state in the U.S. has recognized the merits of including a visual age indicator as an optional element on driver’s licenses, and

WHEREAS incorrect age calculation and the resulting unintentional sale of age restricted products to persons under 19 years of age is a province-wide issue and therefore requires a solution at the provincial level.

NOW THEREFORE LET IT BE RESOLVED that the Haliburton, Kawartha, Pine Ridge District Health Unit petition the Ontario Government to add a visual age indicator to the Ontario driver’s license, thereby making it easier for retailers who sell tobacco and alcohol products to more accurately 2012-125 and quickly conduct age verification at the time of sale. carried

5.3 Operating Statements

Moved by Mrs. Stauble Seconded by Mr. Brocanier

THAT the operating statements for the 10 month period ending October 31, 2012-126 2012, in the amount of $14,244,816, be approved. carried

6. NEW BUSINESS

6.1 Healthy Babies Healthy Children Funding Dr. Noseworthy described receipt of an additional $50,000 allocation annually to the Healthy Babies Healthy Children Program budget from the Ministry of Children and Youth Services. The funding is to be used for one additional .5 full time equivalent nursing position, as part of the 9000 Nurses Commitment.

Moved by Mrs. Masters Seconded by Mrs. Stauble

THAT the Accountability Agreement with the Ministry of Health and Long- Term Care for the provision of an additional $50,000 annual allocation to the 2012-127 Healthy Babies Healthy Children Program, be endorsed. carried

6.2 Designated Inspectors

Dr. Noseworthy reported that changes in staffing in the Environmental Health department required revision to the list of those inspectors qualified to perform duties in the Part 8 program.

Moved by Mrs. Stauble Seconded by Mr. Elmslie

2634 Haliburton, Kawartha, Pine Ridge District Health Unit Board of Health Meeting November 15, 2012

THAT the list of Designated Inspectors as outlined in Appendix A, be 2012-128 approved. carried

6.3 City of Kawartha Lakes Budget Request

Correspondence was presented from the City of Kawartha Lakes that advised of the City’s Budget Committee recommendation of a guideline of budget increases of one per cent for capital and 1.5 per cent for operating for associated departments, agencies boards and corporations for 2013.

6.4 Procedure Revision

Dr. Noseworthy reported that the Influenza Immunization procedure had been revised to a more uniform style, and updated.

Moved by Mr. Brocanier Seconded by Mr. Elmslie

THAT Influenza Immunization 4.10.50.P1, be endorsed. 2012-129 carried 7. BUSINESS FROM BOARD MEMBERS

7.1 Virtual Meeting Attendance

Moved by Mrs. Stauble Seconded by Mrs. Masters

THAT this item be deferred to the December Board of Health agenda. 2012-130 carried 7.2 Notice of Motion

Moved by Mrs. Stauble

THAT the following Notice of Motion be introduced for discussion at the next meeting of the Board of Health.

WHEREAS under the Green Energy and Green Economy Act municipalities have no control over the siting of industrial wind turbines; and

WHEREAS the Chatham Kent - Kent Breeze Environmental Review Tribunal found that industrial wind turbines can cause harm if not properly sited; and

WHEREAS there has been new peer reviewed research published since Haliburton Kawartha Pine Ridge Board of Health last debated this issue; and

WHEREAS Health Canada has announced a clinical health study on the effects of industrial wind turbines; and

WHEREAS the Ministry of the Environment had advised that a low frequency noise testing protocol would be forthcoming; and

2635 Haliburton, Kawartha, Pine Ridge District Health Unit Board of Health Meeting November 15, 2012

WHEREAS a testing protocol has not been approved for measuring low frequency noise; and

WHEREAS recent amendments to the regulations under the Green Energy and Green Economy Act, namely O. Reg. 359-09 have further reduced municipalities control over the location and siting of turbines;

THERFORE BE IT RESOLVED that the Board of Haliburton Kawartha Pine Ridge District Health Unit support requests for a moratorium on the approval of industrial wind projects; and

THAT this resolution be circulated to the Premier and all Members of NM Provincial Parliament, Member Municipalities and the Association of 02-2012 Municipalities of Ontario.

8. CORRESPONDENCE

8.1 Mid-year Summaries

Dr. Noseworthy commented that the Health Unit’s performance data had improved on the mid-year summary produced by the Ministry of Health and Long-Term Care.

8.2 Invitation to Join OCCHA Board

Correspondence from the Ontario Council on Community Health Accreditation was provided, in which membership to its Board of Directors was sought.

Moved by Mrs. Stauble Seconded by Mr. Brocanier 2012-131 THAT the correspondence be received. carried

9. IN-CAMERA SESSION

Moved by Mrs. Stauble Seconded by Mr. Brocanier

THAT the Board of Health move in-camera to discuss property, staff and legal 2012-132 issues. carried

Moved by Mr. Brocanier Seconded by Mr. Elmslie

THAT the In-Camera session be dissolved and the membership return to the 2012-133 Board of Health. carried

9.1 Staff

Moved by Mrs. Stauble Seconded by Mr. Elmslie 2012-134 THAT staffing as outlined in Appendix B be ratified. carried 2636 Haliburton, Kawartha, Pine Ridge District Health Unit Board of Health Meeting November 15, 2012

10. DATE OF NEXT MEETING

The next meeting of the Board of Health will be December 20, 2012 in Port Hope.

11. ADJOURNMENT

Moved by Mr. Elmslie Seconded by Mrs. Stauble

THAT the meeting be adjourned. The meeting adjourned at 12:07. 2012-135 carried

______Chair Recorded

***approved December 20, 2012***

2637

The Corporation of the City of Kawartha Lakes

JOINT SOCIAL AND HOUSING SERVICES ADVISORY COMMITTEE

Wednesday, December 5, 2012 9:00 a.m.

Social Services Boardroom 322 Kent Street West Lindsay, Ontario

MINUTES

Members

Councillor Doug Elmslie, Chair Councillor Bill Davis Councillor Carol Moffatt Councillor Pat Dunn Councillor Barb Reid Councillor Stephen Strangway

Staff: Carolyn Daynes, Treasurer Bob Knight, Director, Health and Social Services Jim Wilson, CAO, County of Haliburton Hope Lee, Manager of Housing Rod Sutherland, Manager of Social Services Nancy Paish, Finance Coordinator – Ministry Programs Anne Kuipers, Executive Assistant

Meeting JAC2012-04 Joint Social and Housing Services Advisory Committee December 5, 2012 Meeting JAC2012-04

1. CALL TO ORDER

The Chair called the meeting to order at 9:00 a.m.

Councillor Doug Elmslie, Councillor Bill Davis, Councillor Pat Dunn, Councillor Stephen Strangway and Councillor Barb Reid were in attendance. Regrets: Councillor Carol Moffatt.

Staff in Attendance: Bob Knight, Jim Wilson, Rod Sutherland, Hope Lee, Carolyn Daynes, Nancy Paish and Anne Kuipers

2. ADOPTION OF THE AGENDA

Moved by Councillor Strangway, seconded by Councillor Reid RESOLVED THAT the agenda be adopted as circulated. CARRIED JAC2012-040

3. DISCLOSURES OF PECUNIARY INTEREST

There were no declarations of pecuniary interest noted by any member.

4. DEPUTATIONS AND PRESENTATIONS

None

5. APPROVAL OF MINUTES OF THE PREVIOUS MEETING

5.1 Moved by Councillor Dunn, seconded by Councillor Davis RESOLVED THAT the minutes of the October 3, 2012 Joint Social and Housing Services Advisory Committee meeting be received and adopted with the following amendment: Item 8.7, last bullet (page 5 of 6) insert the following after the word hardships: The impacts of the new policy are unknown at this time as the policy was implemented October 1st (2 days previous). CARRIED JAC2012-041 6. CORRESPONDENCE

7. BUSINESS ARISING FROM THE MINUTES

8. REPORTS

8.1 JAC2012-018 2012 Q3 Activity Report

Moved by Councillor Dunn, seconded by Councillor Strangway RESOLVED THAT Report JAC2012-018, “2012 Q3 Activity Report” be received for information purposes. CARRIED JAC2012-042 8.2 JAC2012-017 Funding Allocations for 2013

Moved by Councillor Dunn, seconded by Councillor Strangway RESOLVED THAT Report JAC2012-017, “Social Services 2013 Funding Allocations”, be received; and

2 of 3 Joint Social and Housing Services Advisory Committee December 5, 2012 Meeting JAC2012-04

THAT the Joint Social and Housing Services Advisory Committee recommend to the Council of the City of Kawartha Lakes the approval of Corporate Policy C-160-SS-033; and

THAT the Joint Social and Housing Services Advisory Committee recommend to the Council of the City of Kawartha Lakes the allocation of funds in 2013 as described in report JAC2012017, Table 1. CARRIED JAC2012-043

8.3 2012- Q3 Financial Report

Moved by Councillor Reid, seconded by Councillor Strangway RESOLVED THAT the 2012 – Q3 Financial Report be received for information.

CARRIED JAC2012-044

8.4 2013 Proposed Meeting Dates, Memorandum, Anne Kuipers, Executive Assistant

Moved by Councillor Davis, seconded by Dunn RESOLVED THAT the memorandum from Anne Kuipers, Executive Assistant concerning the 2013 meeting dates be received. CARRIED JAC2012-045

8.5 2013 Draft Budget

Moved by Councillor Dunn, seconded by Councillor Davis RESOLVED THAT the 2013 Draft Budget be received. CARRIED JAC2012-046 9. NEW BUSINESS

10. CLOSED SESSION

11. MATTERS FROM CLOSED SESSION

12. ADJOURNMENT

Moved by Councillor Reid, seconded by Councillor Strangway RESOLVED THAT the Chair called the meeting to adjourn at 9:40 am. CARRIED JAC2012-047 Next meeting date: Wednesday, March 6, 2013 9:00 a.m. County Council Chambers, Minden

3 of 3 HEALTH PROFESSIONALS RECRUITMENT COMMITTEE MEETING Monday, December 10, 2012 Haliburton Highlands Health Services Haliburton Hospital Meeting Room

Minutes of Meeting Present: Guests: Amanda English, Committee Members: Liz Danielsen Health Force Ontario Liz Danielsen, Chair Eleanor Harrison Eleanor Harrison, Vice Chair/Algonquin Larry Dart Cheryl Kennedy, Family Highlands rep. Jim Wilson Health Team Jim Mitchell, Past Chair, HHHS Foundation Foster Loucks Kris Baird, HHHS Human Resources Evelyn Fenwick Foster Loucks, HHHS CEO Jim Mitchell Regrets : Bill Obee Jim Wilson, Haliburton County CAO Kris Baird Jeanne Anthon Evelyn Fenwick, Haliburton County H.R. Peter Fredricks Jeanne Anthon, Minden Hills rep. Sheila Redpath Bill Obee, Minden rep, and HCDC Larry Dart, Dysart et al rep Sheila Redpath, Minden Hills rep. Peter Fredricks, Highlands East & HCDC

1. Call to Order

Chair Liz Danielsen called the meeting to order at 1:30 p.m. A quorum of members was present. She introduced and welcomed Sheila Redpath to the Committee.

2. Review & adoption of agenda

The agenda was reviewed.

MOTION: Moved by Peter Fredricks, Seconded by Jim Mitchell That the Agenda be approved. Carried.

3. Review & adoption of minutes of September 10th meeting.

The minutes of the November 5, 2012 meeting had been previously circulated. The Chair agreed to amend the wording of the 2nd paragraph on page 2 concerning reference to Highlands East.

MOTION: Moved by Eleanor Harrison, Seconded by Jim Mitchell THAT the minutes of November 5, 2012, be approved as amended. Carried.

4. Report from the Chair

Chair Danielsen noted that most of her remarks will be made when the specific agenda items are discussed.

5. Recruitment Activities & Leads Review Health Force Ontario Update Amanda English, Partnership Coordinator with Health Force Ontario provided the members with a brief update. She noted that the Ontario Medical Association has ratified their agreement with the Ministry of Health and Long Term Care but commented that the full details of the agreement were not yet available.

HFO Conference Kris Baird provided the Committee with a follow up from the HFO Conference. She noted that none of the contacts have responded to the email message sent out after completion of Recruitment Minutes – December 10, 2012 2

the Conference. The Committee agreed to proceed with a follow up contact either by phone or email. Sheila Redpath agreed to assist with this task. Amanda English suggested any follow up messaging highlight the community visit option that is funded through the Ministry of Health and Long Term Care.

Family Health Team (FHT) Update On behalf of the Family Health Team, Cheryl Kennedy provided the Committee with a brief update. She noted that of the 11 physicians on staff, 7 can be considered working full time while the other 4 are working part time plus working in the Hospital Emergency Unit, Long Term Care and other medical activities within the community. The Committee was advised that a prospective physician will be visiting the area in January 2013. The Committee was advised that no resident physicians are scheduled to work at the Family Health Team from January to May 2013. Cheryl Kennedy left the meeting at the completion of her update.

Haliburton Highlands Health Services Haliburton Highlands Health Services CEO Loucks provided the Committee with an update on the Central East Health Integration Network’s plan to proceed with the integration of community health services in the County of Haliburton with those in the City of Kawartha Lakes. The Committee was also advised that the Haliburton Highlands Health Services will be receiving some funding from the Ministry of Health and Long Term Care’s Small Rural and Northern Hospital Programme.

County of Haliburton Student Bursary The County CAO advised the Committee that the County had no news to report at this time.

ROMP The Chair advised the Committee that assistance may be required to assist with touring visiting ROMP participants around the County and to various events.

6. Draft Survey to Residents – Discussion

The Committee reviewed the final draft. The Committee made the following changes: - Add the question under #1 Do you have a Nurse Practitioner Yes or No - Add the question “Are you seeking a family doctor” - Add “Other” to question #4 - Change wording of “If you would like more information….” to “If you would like more information about the survey results, please contact the Haliburton Highlands Recruitment Committee, Liz Danielsen, Chair or Peter Fredricks, Member” - Deadline for submission would be May 15, 2013 - The email address at the County has been changed to [email protected] The Committee agreed to have hard copies of the survey available for pickup at the pharmacies, library branches, walk in clinics and municipal offices. The Chair would be contacting the local municipalities requesting information about the survey be included with the 2013 property tax bill notices.

7. Review Terms of Reference This item was tabled until the March 11, 2013 meeting.

8. Conferences Jim Mitchell recommended to the Committee that plans be included to attend the Primary Care Conference in 2013. The Committee agreed and Jim Mitchell would confirm with the Chair arrangements to attend the 2013 Primary Care Conference. Jim Mitchell and Foster Recruitment Minutes – December 10, 2012 3

Loucks retired from the meeting.

9. Review Revenue and Expense Report A draft 2013 budget was presented to the Committee along with Revenues and Expenditure Report for 2012. The Committee agreed to make the following changes to the draft 2013 budget: - Add $2500 under HCDC Grant - Add $1000 under Other Revenues - Add $1,000 to the Candidate Liaison Sub Committee budget. - Add $1,000 to the Community Liaison Sub Committee budget - Add $500 to the Marketing Sub Committee and possibly reallocate some of the proposed funding within that Sub Committee. A subcommittee composed of Larry Dart, Peter Fredricks, Liz Danielsen and Kris Baird would meet in early January to prepare and submit funding applications to the Haliburton County Development Corporation and look at submissions to other funding sources.

10. Other Business Larry Dart advised the Committee that an opportunity may exist to place a small banner ad for a period of time on the Haliburton Eye in the Sky webcam being operated by Halcom Communication Ltd. It was noted that Dysart currently has a small banner ad on this website. The Chair agreed to follow up with the Dysart CAO on this possibility.

A suggestion was also made to ask the four local municipalities to include a link to doctor recruitment information on their respective website. The Chair agreed to contact the four local municipalities with this request.

11. Date of Next Meeting The Committee agreed to schedule the next meeting for March 11, 2013 in Minden.

12. Adjournment The meeting adjourned at 4:07 p.m.

Guiding Principles for Dr. Recruitment

The County of Haliburton is responsible for the administration of the Medical Student No Interest Loan for Return of Service Contract. The County will place recruitment ads. The recruitment will be conducted in consultation with the Haliburton Highlands Family Health Team if the student/graduate plans to practice with the Haliburton Highlands Family Health Team.

Objective: To recruit two students or recent graduates to practice with the Haliburton Highlands Family Health Team. The students must be willing to work in the Haliburton Highlands Health Services’ Emergency Department along with practicing with the Haliburton Highlands Family Health Team. Each student/graduate will receive $25,000 for six (6) years and must commit to practicing in the County of Haliburton for six (6) years after graduation.

Recruits:

• Includes medical students enrolled in a Canadian Medical School working towards a degree in family medicine or residency programme in family medicine.

• Includes physicians who have graduated from a Canadian Medical School with a license in Family Medicine and completed their two-year Residency but have not yet started practicing in a Community.

• Must be willing to practice with the Haliburton Highlands Family Health Team or able to establish a practice in Haliburton County for a minimum of six years.

• Must be willing to schedule time to work in the Haliburton Highlands Health Services’ Emergency Department over the minimum six-year term.

• Preferably be willing to live in the County of Haliburton.

• Does not include Nurse Practitioners or Naturopath Doctors.

Medical Student No Interest Loan for Return of Service Contract

 New students will receive an annual payment of $25,000 interest free for six (6) years and must commit to scheduling time to work in the Haliburton Highlands Health Services Emergency Department and with the Haliburton Highlands Family Health Team or able to establish a practice in Haliburton County for six (6) years after graduation. These payments will be made on or about January 15th. Students will be required to sign a Return of Service Contract.

 Students who are in the midst of their medical education will receive an annual payment of $25,000 interest free for six years on a go forward basis and must commit to practice with the Haliburton Highlands Family Health Team or able to establish a practice in Haliburton County

and be able to work some hours in the Haliburton Highlands Health Services’ Emergency Department during the six year service contract The annual payment will continue after graduation but will not exceed payment beyond six (6) years. These payments will be made on or about January 15th. Graduates will be required to sign a Return of Service Contract.

 A physician who has completed their two- year residency and is qualified to practice family medicine will receive an annual payment of $25,000 interest free for six years provided they commit to scheduling time to work in the Haliburton Highlands Health Services’ Emergency Department and practice within the County of Haliburton for six (6) years. These payments will be made on or about January 15th. The physician will be required to sign a Return of Service Contract.

Guiding Principles:

 Under this program, students or recent graduates will not be entitled to the existing $15,000 Interest Free Loan offered by the County.  Students or recent graduates recruited by other groups or individuals who wish to be considered for the Medical Student No Interest Loan for Return of Service Contract should submit a letter of interest and resume and/or contact, CAO, Jim Wilson at 705-286-1333, ext. 223, [email protected] or Human Resources Director, Evelyn Fenwick at: 705-286- 1333, ext. 227, [email protected].  Must be willing to practice with the Haliburton Highlands Family Health Team or able to establish a practice in Haliburton County for a minimum of six years.  If joining the Haliburton Highlands Family Health Team all students/graduates must be skilled and assessed to be a ‘fit’ by the Haliburton Highlands Family Health Team.  If joining the Haliburton Highlands Family Health Team first priority will be given to the applicant willing to do the full scope of rural family practice which includes doing shifts at the HHHS Emergency Department.  Preferably be willing to live in the County of Haliburton.  If a student, must be engaged in full time studies in a Faculty of Medicine in Canada with the intent of becoming qualified to practice family medicine in the Province of Ontario; or  Enrolled in a family practice residency in a Canadian University with the intent of becoming qualified to practice family medicine in the Province of Ontario;  Within six (6) months of completion of their studies or residency and being certified by The College of Physicians and Surgeons of Ontario (the “College”) commence to practice family medicine in the County of Haliburton.

Ministry of Aboriginal Affairs Minist è re des Affaires autochtones

Information Centre Centre d’information Algonquin Land Claim Revendication territoriale

31 Riverside Drive 31 rue Riverside Pembroke, ON K8A 8R6 Pembroke, ON K8A 8R6

Tel: (613) 732-8081 Tél: (613) 732-8081 Toll Free: 1-855-690-7070 Num éro vert : 1-855-690-7070

website: www.Ontario.ca/landclaims

TO: Municipal CAO/Clerk-Treasurer

DATE: December 17, 2012

SUBJECT: Preliminary Draft Agreement-in-Principle (AIP) Algonquin Land Claim

This memorandum follows the series of discussions members of Ontario’s negotiation team had with you and Council this past year. The municipal information and comments provided by municipalities as a result of those discussions has been very helpful to Ontario’s negotiation team. We hope to continue this work with your municipality once the draft AIP has been ratified by the parties.

I am now pleased to advise you that a Preliminary Draft Agreement-in-Principle (AIP) is available for public review. As noted by the Ontario negotiation team during our discussions with you, this Preliminary Draft AIP is a work in progress that is still under review and subject to revision by the Parties.

Following this review, the negotiators will complete a draft Agreement-in-Principle that will be submitted to the Algonquins of Ontario for a ratification vote. This is expected to take place in 2013. After the ratification vote the Draft AIP must be approved by Ontario and Canada. Further negotiations would then take place to reach the detailed content of a Final Agreement. This final stage of negotiations is expected to take several years.

An information package on the Preliminary Draft AIP, including maps, is available through links at any one of the 3 websites noted in this memo.

As noted in the 2012 Ontario discussions with municipalities, no land transfers will occur until after a Final Agreement is negotiated, ratified and in effect. Once land has been transferred, the Algonquins of Ontario will become private land owners, subject to the same planning laws and requirements as other private property owners.

In early January, 2013, Ontario will be sending each affected municipality Descriptive Plans for the Crown land parcels within your municipality which have been identified for potential transfer to Algonquin ownership. While these plans are not final or intended to be formal plans of survey, they are much more detailed than the key maps which were used in Ontario’s earlier discussions with municipal representatives.

Page 2 Municipal CAO/Clerk-Treasurer

We hope you will find these plans helpful as you review the proposed parcels in more detail with respect to municipal interests.

Members of the negotiation teams will be holding meetings with the public to discuss the contents of the Preliminary Draft AIP in early 2013. Municipal staff and the public, including ratepayers and those with other interests in your municipality, will have an opportunity to learn more about the Preliminary Draft AIP at these meetings.

You are welcome to attend these meetings, which will be publicly advertised as details are confirmed. You can also contact any of the negotiation teams at any time with your questions or comments:

Algonquins of Ontario: Email [email protected] ; Phone 613-735-3759 or 1-855-735-3759 (toll free)

Ontario: E-mail [email protected] ; Phone 613-732-8081 or 1-855-690-7070 (toll free)

Canada: E-mail [email protected] ; Phone 1- 800-567-9604 (toll free) or 1-866-553-0554 (TTY toll free)

Should you, other municipal staff or members of Council receive inquiries about the Preliminary Draft AIP, or any other aspects of the Algonquin Land Claim, do not hesitate to refer people to the contact information above.

A similar update has been provided to municipalities in the land claim settlement area where there are no proposed identified settlement land parcels.

Brian Crane Ontario Chief Negotiator cc Bob Potts, Algonquins of Ontario Principal Negotiator Ron Doering, Canada Chief Negotiator Norm Lemke, Municipal Advisory Committee (MAC) Co-Chair Municipal Focus Group

PRELIMINARY DRAFT COMPREHENSIVE LAND CLAIM AGREEMENT-IN-PRINCIPLE

AMONG:

THE ALGONQUINS OF ONTARIO

-and-

ONTARIO

-and-

CANADA

PRELIMINARY DRAFT AGREEMENT-IN-PRINCIPLE

December 2012

TABLE OF CONTENTS

INTRODUCTORY NOTE ...... 1

PREAMBLE ...... 2

CHAPTER 1 DEFINITIONS ...... 3

CHAPTER 2 GENERAL PROVISIONS ...... 15

CHAPTER 3 ELIGIBILITY AND ENROLMENT ...... 25

CHAPTER 4 CLAIMS INSTITUTIONS ...... 28

CHAPTER 5 LANDS ...... 29

CHAPTER 6 CAPITAL TRANSFERS AND LOAN REPAYMENT ...... 49

CHAPTER 7 FORESTRY ...... 53

CHAPTER 8 HARVESTING ...... 55

CHAPTER 9 PARKS AND PROTECTED AREAS ...... 66

CHAPTER 10 HERITAGE AND CULTURE ...... 75

CHAPTER 11 SELF-GOVERNMENT ...... 81

CHAPTER 12 TAXATION ...... 82

CHAPTER 13 DISPUTE RESOLUTION ...... 85

CHAPTER 14 IMPLEMENTATION ...... 88

CHAPTER 15 RATIFICATION PROCESS FOR THIS AGREEMENT-IN- PRINCIPLE 91

CHAPTER 16 RATIFICATION OF THE FINAL AGREEMENT ...... 100

Preliminary Draft Agreement-in-Principle December 2012 Without Prejudice

INTRODUCTORY NOTE

December 2012

This Preliminary Draft Agreement-in-Principle is being made available for public review to support consultation efforts in the Algonquin Land Claim negotiations. This Preliminary Draft is a work in progress that is still under review and subject to revision by the Parties.

Following this review process, a final draft of the Agreement-in-Principle will be submitted to the Algonquins of Ontario for a ratification vote. This is expected to take place later in 2013.

Upon a successful Algonquin ratification vote, the final draft Agreement-in-Principle would be submitted to the Governments of Ontario and Canada for approval. Following such approval and signature, the Agreement-in-Principle would be a non-binding statement of the main elements of a settlement of the Algonquin Land Claim that would form the framework for future negotiations towards a Final Agreement.

Negotiations leading to a Final Agreement could then begin. A Final Agreement would also need to be approved by the Algonquin of Ontario and by the Legislature of Ontario and the Parliament of Canada.

1 Preliminary Draft Agreement-in-Principle December 2012 Without Prejudice

PREAMBLE

WHEREAS the Algonquins are an Aboriginal people of Canada within the meaning of section 35 of the Constitution Act, 1982;

WHEREAS the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada, including rights that may be acquired or recognized by way of land claims agreements;

WHEREAS the Algonquins maintain that they have never been party to, nor beneficiary of, any treaty or land claim agreement with the Crown whereby they have ceded their Aboriginal rights, including Aboriginal title;

WHEREAS the Algonquins assert Aboriginal rights, including Aboriginal title, to particular lands in Ontario and Quebec based on their traditional and current use and occupancy of the lands and waters;

WHEREAS the Algonquins, Canada, and Ontario have agreed to negotiate in order to clarify the rights of the Algonquins under section 35 of the Constitution Act, 1982 in Canada, except in the province of Québec;

AND WHEREAS this Agreement-in-Principle shall form the basis of negotiations towards a Final Agreement that will clarify Algonquin rights that will be recognized and affirmed by section 35 of the Constitution Act, 1982;

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

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CHAPTER 1 DEFINITIONS

The following definitions shall apply in this Agreement-in-Principle unless otherwise provided in a particular Chapter:

“Aboriginal Right” means an Aboriginal right within the meaning of section 35 of the Constitution Act, 1982;

“Adopted” means, subject to further consideration of custom adoption prior to the Final Agreement, adopted in accordance with Provincial Law;

“Agreement-in-Principle” means this Agreement;

“Algonquin Allocation” means the Algonquin allocation of a Total Allowable Harvest as determined pursuant to 8.8;

“Algonquin Ancestor” means a person who was born on or before July 15, 1897 and identified in an historic record or document dated on or before December 31, 1911, in such a way that it would be reasonable to conclude that the person was considered to be an Algonquin or Nipissing, or a full sibling of such a person. A preliminary list of Algonquin Ancestors agreed to by the Parties is included in Appendix 3.1. In this definition, a “full sibling” of a person is a sibling having the same natural mother and natural father as that person;

“Algonquin Artifact” means any object created by, traded to, commissioned by, or given as a gift to an Algonquin individual or that originated from the Algonquin community and that has past and ongoing importance to the cultural or spiritual practices of the Algonquins, but does not include any object traded to, commissioned by, or given as a gift to another Aboriginal individual or community;

“Algonquin Burial Site” means a natural or prepared physical location or surface into or on to which human remains of Algonquin ancestry were intentionally placed as part of a burial rite;

“Algonquin Capital” means the Settlement Lands, the capital transfer and other assets transferred to, or recognized as owned by, the Algonquins under the Final Agreement;

“Algonquin Collective” means a geographic collective of Algonquins located within, or in municipalities in Ontario immediately adjacent to, the Settlement Area which derives from or has evolved from an Historic Community or Band and is demonstrated by geographical concentrations of life and death event evidence including birth, baptism, education, marriage, residence, employment, economic, death and burial evidence;

“Algonquin Declaration Order” means the Declaration Order made under the Environmental Assessment Act, R.S.O. 1990, c. E.18 entitled “Declaration – Projects and Activities being considered for inclusion in the Algonquin Land Claim Settlement”, approved by Ontario Order-in-Council Number 1900/2007 dated August 22, 2007;

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“Algonquin Documentary Heritage Resource” means a record of cultural heritage value or interest relating to Algonquin history or culture, regardless of physical form or characteristics;

“Algonquin Forestry Authority” is the authority incorporated pursuant to the Algonquin Forestry Authority Act, R.S.O. 1990, c. A.17;

“Algonquin Harvest Plan” means a plan developed by the Algonquins and Ontario in accordance with the process set out in the Final Agreement, for the purposes of managing the Algonquin Harvest of a particular species of Fish or Wildlife;

“Algonquin Heritage Resources” means:

(a) Archaeological Sites, Artifacts, Burial Sites and Algonquin Documentary Heritage Resources of cultural heritage value or interest to the Algonquins; and

(b) Algonquin Artifacts and Algonquin Burial Sites;

“Algonquin Human Remains” means human remains that are not the subject of a police or coroner investigation and are determined to be of Algonquin ancestry;

“Algonquin Institution” means an organization or organizations with legal personality, under either Provincial Law or Federal Law to be approved by the Algonquins to hold land or capital and to manage other claim assets and responsibilities under the Final Agreement pursuant to Chapter 4;

“Algonquin Negotiation Representative” means a representative of the Algonquins who was elected by his or her community to negotiate this Agreement-in-Principle and, subject to ratification of this Agreement-in-Principle, the Final Agreement;

“Algonquin Protocol” means Schedule 15.5;

“Algonquin Repository” means an Algonquin Institution established to receive Artifacts pursuant to Chapter 10;

“Algonquin Voter” means a person who is entitled to be registered under 15.1.1 or 16.6, as the case may be;

“Algonquins” means the Aboriginal people that

(a) until the Effective Date, were known as Algonquins or Nipissings and who comprised Historic Communities or Bands and Algonquin Collectives that used and occupied the Settlement Area from a time prior to contact with Europeans, including for greater certainty the members of the Algonquins of Pikwàkanagàn First Nation; and

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(b) after the Effective Date, will be comprised of all persons who are entitled to be enrolled as Beneficiaries pursuant to Chapter 3;

“Allocated Species” means a Fish or Wildlife species or population for which the Minister determines, in accordance with the process set out in 8.6, there will be a limitation of the Algonquin Harvest for the purposes of Conservation;

“Annual Work Schedule” means the annual work schedule within the meaning of the Forest Management Planning Manual for Ontario’s Crown Forests, 2009 (Queen’s Printer for Ontario);

“Appeal Board” means a body appointed by the Algonquins to apply Algonquin enrolment criteria prior to the appointment of the Ratification Committee;

“Applicant” is an individual who applies to be a Voter pursuant to Chapters 15 or 16, or to be a Beneficiary pursuant to Chapter 3;

“Archaeological Fieldwork” means any activity carried out on, above or under land or water for the purpose of obtaining and documenting data, recovering Artifacts and human remains or altering an Archaeological Site and includes monitoring, assessing, exploring, surveying, recovering and excavating;

“Archaeological Site” means any property that contains an Artifact or any other physical evidence of past human use or activity that is of cultural heritage value or interest;

“Area of Algonquin Interest” means Crown lands that are of cultural or historical importance to the Algonquins identified in Schedule 5.3D, and which will be subject to Area Algonquin Interest Agreements;

“Area of Algonquin Interest Agreements” means agreements to be negotiated between the Algonquins and Ontario in accordance with 5.3.3;

“Artifact” means any object, material or substance that is made, modified, used, deposited or affected by human action and is of cultural heritage value or interest;

“Band” means a band within the meaning of the Indian Act;

“Beneficiary” is an individual who has been enrolled as a beneficiary of the Final Agreement pursuant to Chapter 3;

“Burial Site” means land containing human remains within the meaning of the Funeral, Burial and Cremation Services Act, 2002;

“By-Product” means inedible parts of, or products made from, Fish, Wildlife, Plants and Migratory Birds;

“Canada” means, unless the context otherwise requires, Her Majesty the Queen in right of Canada;

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“Capital Transfer” means payments to be made by Canada or Ontario to an Algonquin Institution pursuant to Chapter 6;

“Chapter” means a Chapter of this Agreement-in-Principle;

“Commercial Harvesting” means the Harvesting of Fish, Wildlife, Migratory Birds and/or Plants for the purpose of sale;

“Common Law” means the common law, including equity, as it exists from time to time;

“Conservation” means the management of the use of Fish, Wildlife, Migratory Birds and Plants to yield the greatest sustainable benefit to present generations while maintaining their potential to meet the needs of future generations, through the maintenance, sustainable utilization, restoration and protection of Fish, Wildlife, Migratory Birds and Plants;

“Conservation Reserve” means a conservation reserve established under and regulated pursuant to the Provincial Parks and Conservation Reserves Act, 2006, S.O. 2006, c.12;

“Consult”, “Consultation and Accommodation” and “Accommodate” mean the comprehensive Consultation and Accommodation regimes the Parties intend to negotiate pursuant to 2.7;

“Court” means the Superior Court of Ontario;

“Crown” means Canada or Ontario, as the case may be;

“Crown Forest Sustainability Act” means the Crown Forest Sustainability Act, 1994, S.O. 1994, c.25;

“Crown Land” means land, including lands covered by water, administered and controlled or owned by Ontario or Canada;

“Crown Land Use Planning Atlas” means the guiding framework for land use policy for Ontario Crown Lands and includes any successor to it;

“Cultural or Social Connection” to an Algonquin Collective includes, but is not limited to, the following:

(a) full-time or part-time residence within the geographic area of an Algonquin Collective and participation in social and cultural life of the Algonquin Collective;

(b) regular visits to an Algonquin Collective during which social and cultural connections are maintained, for example during vacations;

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(c) regular hunting, fishing, other harvesting or other traditional activities with members of an Algonquin Collective; or

(d) frequent attendance at social or cultural events or gatherings of an Algonquin Collective, such as pow-wows;

“Date of Transfer” means the date on which the legal title to any particular parcel of Settlement Land is transferred to an Algonquin Institution;

“Descriptive Plans” means the plans and drawings which describe the acreage and boundaries of, and known legal interests in, parcels of land to be identified in this Agreement-in-Principle or the Final Agreement, as the case may be, and which, for greater certainty, are not legal surveys;

“Direct Lineal Descent” means direct descent through the maternal or paternal line and includes an Adopted person;

“Dispute” means a dispute between two or more of the Parties that arises following the Effective Date relating to the interpretation, application, implementation or alleged breaches of the Final Agreement, and other matters identified in the Final Agreement, other than a decision to be made by a Minister;

“Domestic Purposes” means Harvesting for food, social and ceremonial purposes;

“Ecological Integrity” means a condition in which biotic and abiotic components of ecosystems and the composition and abundance of native species and biological communities are characteristic of their natural regions and rates of change and ecosystem processes are unimpeded;

“Effective Date” means the date upon which the Final Agreement is approved, declared valid, takes effect and is given the force of law;

“Eligibility Criteria” means the eligibility criteria set out in Chapter 3;

“Enrolment Board” means the board referred to in 3.3;

“Enrolment Register” means the enrolment register to be established under 3.4.1(b);

“Federal Collection” means an Artifact or Artifacts within the possession, control or administration of Canada;

“Federal Courts Act” means the Federal Courts Act R.S.C., 1985, c. F-7;

“Federal Crown Land” means land, including lands covered by water, administered and controlled or owned by Canada;

“Federal Law” means any Act of Parliament, regulations, orders-in-council, ordinances and the Common Law, but does not include the Federal Implementation Legislation;

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“Final Agreement” means the agreement that the Parties will have negotiated based upon this Agreement-in-Principle;

“Final Voters List” means the Final Voters List described in 15.6 or 16.6 as appropriate;

“Fish” means fish as defined under the Fisheries Act, R.S.C. 1985, c. S-14;

“Forest Industry” means the industry that is engaged in the commercial harvesting and use of a Forest Resource within the Settlement Area, or the renewal or maintenance of a Forest Resource within the Settlement Area, and includes all related activities;

“Forest Management Plan” means a forest management plan within the meaning of the Crown Forest Sustainability Act, S.O. 194, c. 25;

“Forest Resource” means a Forest Resource within the meaning of the Crown Forest Sustainability Act, S.O. 194, c. 25;

“Funeral, Burial and Cremation Services Act, 2002” means the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33;

“Furbearers” means animals Harvested for their pelts;

“Harvest” and “Harvesting” mean the taking of Fish, Wildlife, Migratory Birds or Plants from the wild;

“Historic Community or Band” means a geographic collective of Algonquins who used and occupied lands within the Settlement Area or Allumette Island on or before July 15, 1897 and, without necessarily being exhaustive, includes:

(a) Golden Lake;

(b) Baptiste Lake;

(d) Township of Lawrence, Nightingale and Sabine;

(e) Bedford; and

(f) Allumette Island;

“Implementation Committee” means the committee established pursuant to Chapter 14;

“Implementation Legislation” means the federal or provincial legislation that approves, gives effect to, declares valid and gives the force of law to the Final Agreement and “Federal Implementation Legislation” means Implementation Legislation enacted by Parliament and “Provincial Implementation Legislation” means the Implementation Legislation enacted by the Legislative Assembly of Ontario;

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“Implementation Plan” means the plan agreed to by the Parties pursuant to 14.1.2;

“Improvements” does not include a non-commercial structure exclusively used for Harvesting, such as tent frames, cabins, traps and caches;

“Income Tax Act” means the Income Tax Act, S.C. 1985 (5th Supp.) c. 1;

“Income Tax Act (Ontario)” means the Income Tax Act, R.S.O. 1990, c. I.2;

“Indian” means an “Indian” as defined in the Indian Act;

“Indian Act” means the Indian Act, R.S.C. 1985, c. I-5;

“Initial Enrolment Period” means a period of five years from the Effective Date;

“Inspector” means a person appointed under Provincial Law or Federal Law to conduct investigations or inspections, or otherwise authorized to enforce the laws under which they are appointed;

“Interim Algonquin Harvest Plan Process” means the process in place at the time of this Agreement-in-Principle that the Algonquins and Ontario use to reach annual arrangements with respect to the Algonquin Harvest of moose inside and outside of Algonquin Provincial Park;

“Interpretation Act” means Interpretation Act, R.S.C., 1985, c. I-21;

“Land Use Permit” means a permit issued pursuant to Regulation 973 under the Public Lands Act that gives a personal right to occupy Provincial Crown Land;

“License of Occupation” means a license issued pursuant to section 20 of the Public Lands Act that gives a personal right to occupy Provincial Crown Land, and includes a right to maintain action against trespass;

“Licensed Archaeologist” means an individual who holds a valid archaeological licence that has been issued under the Ontario Heritage Act and has not been suspended or revoked;

“Management Plan” means a Management Plan within the meaning of the Provincial Parks and Conservation Reserves Act, 2006, S.O. 2006, c.12;

“Management Statement” means a Management Statement within the meaning of Provincial Parks and Conservation Reserves Act, 2006, S.O. 2006, c.12;

“Measures” includes legislation, regulation or directives and includes provisions of an Algonquin Harvest Plan;

“Migratory Birds” means migratory birds, as defined under Federal Law, and, for greater certainty, includes their eggs;

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“Migratory Birds Sanctuary” means a Migratory Birds Sanctuary as defined under Federal Law;

“Minerals” includes gold, silver, and all other metals, precious and base, and coal, oil, salt, and sand and gravel;

“Mining Act” means the Mining Act, R.S.O 1990, c. M.14;

“Minister” means the federal or provincial Minister and, unless expressly indicated otherwise his or her delegate, having responsibility, from time to time, for the exercise of powers in relation to the matter in question;

“Minor” means an individual who has not reached the age of eighteen years;

“National Marine Conservation Area” includes a national marine conservation area reserve and means lands and water areas named and described in the Schedules to the Canada National Marine Conservation Areas Act and administered under Federal Law;

“National Park” includes a national park reserve and means the lands and waters named and described in the schedules to the Canada National Parks Act, S.C. 2000, c. 32, and administered under Federal Law and for the purposes of this agreement includes the Rideau Canal National Historic Site of Canada;

“National Wildlife Area” means a National Wildlife Area as defined under Federal Law;

“Natural Heritage Education Plan” means a plan that addresses natural heritage education in a Protected Area, and may include approaches to education, financial and staffing resources, resource inventories and available research material;

“Navigable Waters” means navigable waters as defined by Federal Law or Provincial Law;

“Ontario” means, unless the context otherwise requires, Her Majesty the Queen in right of Ontario;

“Ontario Heritage Act” means the Ontario Heritage Act, R.S.O. 1990, c. O.18;

“Parties” means the Algonquins, Canada and Ontario and, where the context requires, means any two of them, and “Party” means any one of them;

“Parties to the Protest” means, in relation to a protest under Chapter 15, the Applicant or person whose name on the Voter’s List is protested, the person making a protest and any person whose right to be on the Final Voter’s List could be affected by the protest;

“Person” includes an individual, an entity with legal personality, or an entity that has or is capable of having legal rights and interests, or is capable of suing or being sued;

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“Plants” means plant life in a wild state, including fungi and algae, but excludes Trees;

“Preliminary Voters List” means the Preliminary Voters List described under 15.5 or 16.6 as appropriate;

“Protected Area” means a Provincial Park or Conservation Reserve as established from time to time pursuant to the Provincial Parks and Conservation Reserves Act, 2006, S.O. 2006, c.12;

“Protected Area Management Direction” means a Management Statement and other written guidance directing the management of a Protected Area prepared by Ontario or Canada, as appropriate, in Consultation with the Algonquins, pursuant to Provincial or Federal Law;

“Protected Area Manager” means the official who is responsible for developing and recommending to the Ministry of Natural Resources a Protected Area Management Plan, Management Statement, Secondary Plan, Natural Heritage Education Program, and any other strategic plan for a Protected Area;

“Provincial Crown Land” means lands, including lands covered by water, administered and controlled or owned by Ontario;

“Provincial Law” means any Act of the Legislative Assembly of Ontario regulations, municipal by-laws, orders-in-council and the Common Law but does not include the Provincial Implementation Legislation;

“Provincial Park” is a provincial park established from time to time pursuant to the Provincial Parks and Conservation Reserves Act, 2006, S.O. 2006, c.12;

“Public Road” means any provincial or municipal road, including road allowances and shoreline road allowances, and any other road over which the public has a right to travel;

“Public Utility” includes a supplier of any of the following services or benefits to the public:

(a) water;

(b) sewage;

(d) energy, including electricity;

(e) heating and cooling; or

(f) telecommunications;

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“Ratification Committee” means the committee established by 15.3.1;

“Ratification Process” means the process set out in Appendix 15.2;

“Ratification Process Appendix” means Appendix 15.2;

“Ratification Vote” means a referendum by Algonquin voters to formally approve or reject either the Agreement-in-Principle in accordance with Chapter 15 or the Final Agreement in accordance with Chapter 16;

“Review Committee” means the Review Committee established pursuant to 15.7;

“Road Access Act” means the Road Access Act, R.S.O. 1990, c. R.34;

“Secondary Plan” means a plan that is secondary to a Protected Area Management Plan or Statement, where the approved Management Plan or Management Statement does not provide sufficient policy direction to address certain topics of a complex nature, but does not include a Forest Management Plan;

“Section 35 Rights” means existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982;

“Settlement Area” means the area depicted in the map attached as Schedule 1.1;

“Settlement Lands” means the lands to be transferred in fee simple to one or more Algonquin Institutions pursuant to the Final Agreement as set out in Schedule 5.1A, subject to potential modifications contemplated in Chapter 5, and as contemplated in 5.1.2;

“Signing Date” means the date on which the Final Agreement is signed by the Parties in accordance with the terms of the Final Agreement;

“Species at Risk” means species at risk as defined from time to time under Federal or Provincial Law;

“Specified Algonquin Lands” means the Settlement Lands identified in Schedule 12.2;

“Specific Claims Policy” means Canada’s Specific Claims Policy as it exists from time to time;

“Surplus Real Property Initiative” means the initiative that provides the Department of Indian Affairs and Northern Development priority access to surplus federal real property for use in the settlement of comprehensive land claims under the Treasury Board Directives for Surplus Real Property;

“Sustainable Forest License” or “SFL” means a Sustainable Forest License within the meaning of the Crown Forest Sustainability Act, S.O. 1994, c. 25 or any successor license under Provincial Law that may replace or supersede an SFL;

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“Third Party” means an individual or entity that is not an Algonquin Institution or a Party to the Final Agreement that has rights, title or other legal interests addressed in the Final Agreement;

“Total Allowable Harvest” means that amount of a resource that can be Harvested as determined pursuant to 8.7;

“Trade and Barter” means exchange but does not include sale;

“Trapping Harmonization Agreement” means an agreement negotiated between the Algonquins and Ontario under 8.4.2;

“Tree” means a species of woody, perennial plant generally with a single well-defined stem and a more or less definitively formed crown which is found in a wild state in the Settlement Area and normally grows to at least fifteen feet (4.572 metres) in height when mature;

“Wildlife” means:

(a) all vertebrate and invertebrate animals, including mammals, birds, reptiles and amphibians; and

(b) the eggs, juvenile stages, and adult stages of all vertebrates and invertebrate animals; but does not include Fish or Migratory Birds.

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SCHEDULE 1.1

[Algonquins of Ontario Land Claim Settlement Area: see attached Map “A”]

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CHAPTER 2 GENERAL PROVISIONS

2.1 STATUS OF AGREEMENT-IN-PRINCIPLE

2.1.1 This Agreement-in-Principle does not create legal obligations binding on the Parties.

2.1.2 This Agreement-in-Principle shall form the basis for negotiating the Final Agreement.

2.2 STATUS AND EFFECT OF THE FINAL AGREEMENT

2.2.1 The Final Agreement, once ratified by the Parties in accordance with its ratification provisions:

(a) will be a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982;

(b) will be legally binding; and

2.2.2 Nothing in the Final Agreement shall be construed so as to affect, recognize or provide any rights under section 35 of the Constitution Act, 1982 for any Aboriginal peoples other than the Algonquins.

2.2.3 Settlement Lands will not be “Lands reserved for the Indians” within the meaning of section 91.24 of the Constitution Act, 1867, nor lands set apart for the use and benefit of a Band within the meaning of the Indian Act.

2.2.4 The Final Agreement will not affect the rights of the Algonquins as Canadian citizens and they shall continue to be entitled to all the rights and benefits of all other citizens applicable to them from time to time.

2.2.5 The Final Agreement will not affect the entitlement of any person to be registered as an Indian pursuant to the Indian Act.

2.3 CERTAINTY

2.3.1 The Final Agreement will constitute the full and final settlement in respect of Aboriginal rights of the Algonquins, including Aboriginal title, relating to lands and natural resources in Canada, except in the province of Quebec, and in respect of other matters specifically addressed in the Final Agreement.

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2.3.2 The Final Agreement will exhaustively set out the Section 35 Rights of the Algonquins, including Aboriginal title, relating to lands and natural resources in Canada, except in the province of Quebec, and in respect of other matters specifically addressed in the Final Agreement, their attributes, the geographic extent of those rights, and the limitations to those rights to which the Parties have agreed. Those rights are:

(a) the Aboriginal rights as described in 2.3.3, including Aboriginal title as described in 2.3.4;

(b) any jurisdictions, authorities and rights that may be negotiated pursuant to Chapter 11; and

2.3.3 Despite the Common Law, as a result of the Final Agreement and the Implementation Legislation, the Aboriginal rights of the Algonquins relating to lands and natural resources, including Aboriginal title, and in respect of other matters specifically addressed in the Final Agreement, in Canada, except in the province of Quebec, as they existed before the Effective Date, including their attributes and geographic extent, will be modified, and will continue as modified, as set out in the Final Agreement.

2.3.4 For greater certainty, any Aboriginal title of the Algonquins that may have existed in Canada, except in the province of Quebec, before the Effective Date, including its attributes and geographic extent, will be modified, and will continue as modified, as the estates in fee simple to the Settlement Lands.

2.3.5 The purpose of the modification contemplated in 2.3.3 and 2.3.4 is to ensure that as of the Effective Date:

(a) the Algonquins will have, and will be able to exercise, the Section 35 Rights set out in the Final Agreement, including their attributes, geographic extent and the limitations to those rights to which the Parties have agreed;

(b) Canada, Ontario and all other Persons will be able to exercise their rights, authorities, jurisdictions and privileges in a manner that is consistent with the Final Agreement; and

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(c) Canada, Ontario and all other Persons will not have any obligations in respect of any Aboriginal rights of the Algonquins that are addressed in 2.3.3 and 2.3.4, to the extent that those rights, including Aboriginal title, might be in any way other than, or different in attributes or geographic extent from, the Section 35 Rights of the Algonquins set out in the Final Agreement.

2.3.6 For greater certainty, any Aboriginal rights relating to lands and natural resources, including Aboriginal title, that the Algonquins may have in Canada, except in the Province of Quebec, will not be extinguished, but will be modified and continue as modified as set out in the Final Agreement.

2.4 RELEASE

2.4.1 The Final Agreement will provide that the Algonquins release Canada, Ontario and all other Persons for all claims, demands, actions or proceedings of whatever kind, whether known or unknown, that the Algonquins ever had, now have or may have in the future, relating to or arising from any act or omission before the Effective Date that may have affected, interfered with or infringed any or all Section 35 Rights of the Algonquins in relation to lands and natural resources in Canada, other than the province of Quebec, and any other matter that may be specifically addressed in the Final Agreement.

2.4.2 For greater certainty, 2.4.1 applies to any act or omission before the Effective Date by Canada or Ontario in relation to a duty to consult and accommodate with respect to the rights described in 2.4.1 or any assertion of such rights.

2.5 INDEMNITY

2.5.1 The Final Agreement will provide that the Algonquins indemnify and save harmless Canada or Ontario, as the case may be, from any and all damages, losses, liabilities, or costs, excluding fees and disbursements of solicitors and other professional advisors, that Canada or Ontario, respectively, may suffer or incur in connection with or as a result of any claims, demands, actions, or proceedings initiated or made before or after the Effective Date relating to or arising from:

(a) the existence of an Aboriginal right referred to in 2.4.1 that existed prior to the Effective Date and is determined to be other than, or different in attributes or geographical extent from, the rights of the Algonquins set out in the Final Agreement;

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(b) any act or omission by Canada or Ontario, before the Effective Date, that may have affected, interfered with or infringed an Aboriginal right referred to in 2.4.1; or

(c) for greater certainty, any act or omission by Canada or Ontario, before the Effective Date, in relation to a duty to consult and accommodate with respect to the rights described in 2.4.1 or any assertion of such rights.

2.5.2 The Final Agreement will provide that Canada or Ontario, as the case may be, will provide notice to the Algonquins of, and will vigorously defend, any or all claims, demands, actions or proceedings referred to in 2.5.1 and will not compromise or settle any or all such claims, demands, actions or proceedings without the consent of the Algonquins, which consent shall not be unreasonably withheld.

2.5.3 For greater certainty, the right of a Party to be indemnified under the provisions of the Final Agreement giving effect to 2.5.1 will not extend to any or all claims, demands, actions or proceedings that relate to or arise from its failure to carry out its obligations under the Final Agreement.

2.6 SPECIFIC CLAIMS

2.6.1 For greater certainty, nothing in the Final Agreement will affect the right of the Algonquins of Pikwàkanagàn First Nation to bring an action in court or file a claim under the Specific Claims Policy arising from any act or omission of Canada in relation to the administration of Pikwàkanagàn Indian Reserve No. 163 or Indian moneys or other assets of the First Nation under the Indian Act.

2.7 CONSULTATION AND ACCOMMODATION

2.7.1 The Final Agreement shall:

(a) contain a comprehensive regime relating to Consultation and Accommodation in respect of matters not already addressed in this Agreement-in-Principle that sets out the rights and duties of the Parties addressing such matters as the trigger, nature, scope and processes;

(b) identify those subject-matters with respect to which the Parties have agreed there shall be no duties or rights respecting Consultation and Accommodation; and

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2.7.2 For greater certainty, the Final Agreement will provide that Canada and Ontario may continue to authorize uses of, grant an interest in, or otherwise dispose of Federal and Provincial Crown Lands, respectively, including natural resources, waters, and Protected Areas, subject to the regime relating to Consultation and Accommodation referred to in 2.7.1.

2.7.3 The Mineral Exploration and Development Protocol Agreement between the Ministry of Northern Development, Mines and Forestry and the Algonquins of Ontario dated September 14, 2011 will continue to apply until the Effective Date unless it is terminated or amended pursuant to its terms.

2.8 ACCESS TO PROGRAMS AND SERVICES

2.8.1 Subject to any provisions in the Final Agreement regarding self- government, nothing in the Final Agreement will affect the ability of the Algonquins, Algonquin Institutions, and Beneficiaries to participate in or benefit from provincial or federal programs of general application or federal programs for any or all Aboriginal peoples. Participation in or benefits from those programs shall be determined by criteria for those programs established from time to time.

2.9 INTERPRETATION

2.9.1 The Final Agreement will be the entire agreement among the Parties with respect to its subject matters and the Final Agreement will confirm that there is no representation, warranty, collateral agreement or condition affecting the Final Agreement except as expressed in it.

2.9.2 There will be English and French versions of the Final Agreement, which shall be signed by the Parties. The English and French versions will be equally authoritative.

2.9.3 The Final Agreement will be interpreted in accordance with the Interpretation Act, R.S.C., 1985, c. I-21 and the laws of Ontario.

2.9.4 The citation of legislation in this Agreement and the Final Agreement refers to legislation, and regulations made thereunder, currently in effect and as amended from time to time and any successor legislation or regulations:

(a) except as otherwise provided; and

(b) for greater certainty, reference to the Constitution Act, 1982 includes the 1983 amendments and any later amendments.

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2.9.5 Unless a provision expressly provides otherwise, a reference to a Department, Ministry, Minister or official also refers to any delegate or successor with relevant responsibilities.

2.9.6 All headings in this Agreement-in-Principle or the Final Agreement are for convenience of reference only and will form no part of this Agreement-in- Principle or Final Agreement.

2.9.7 Defined terms are capitalized and other parts of speech and tenses of defined terms have a corresponding meaning.

2.9.8 The schedules and appendices form part of this Agreement-in-Principle.

2.10 AMENDMENT

2.10.1 Except where otherwise expressly permitted in the Final Agreement, the Final Agreement may only be amended with the consent of the Parties pursuant to the amendment provisions of the Final Agreement and as evidenced by:

(a) in respect of Canada, an order of the Governor-in-Council;

(b) in respect of Ontario, an order of the Lieutenant Governor-in- Council; and

2.10.2 The Final Agreement will provide that, following the Effective Date, Canada and the Algonquins, or Ontario and the Algonquins, as appropriate, may make adjustments to the boundaries of Settlement Lands, as evidenced by:

(a) in respect of Canada, by letter signed by the Deputy Minister of the Department of Indian Affairs and Northern Development;

(b) in respect of Ontario, by letter signed by the Deputy Minister of the Ontario Ministry of Natural Resources; and

2.10.3 The Parties may by written agreement extend or abridge any time period in the Final Agreement.

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2.11 IMPLEMENTATION LEGISLATION

2.11.1 The Final Agreement will provide that Canada and Ontario will recommend to Parliament and the Legislative Assembly of Ontario, respectively, Implementation Legislation to approve, declare valid, give effect and give the force of law to the Final Agreement.

2.11.2 The Final Agreement will provide that each of Canada and Ontario shall Consult with the Algonquins in preparing its Implementation Legislation.

2.12 RELATIONSHIP OF LAWS

2.12.1 Canada will recommend to Parliament that the Federal Implementation Legislation provide:

(a) that where there is an inconsistency or conflict between the Final Agreement and the Federal Implementation Legislation, the Final Agreement shall prevail to the extent of the inconsistency or conflict; and

(b) that where there is an inconsistency or conflict between the Federal Implementation Legislation and any other Federal Law, the Federal Implementation Legislation shall prevail to the extent of the inconsistency or conflict.

2.12.2 Ontario will recommend to the Ontario Legislature that the Provincial Implementation Legislation provide:

(a) that where there is an inconsistency or conflict between the Ontario Implementation Legislation and the Final Agreement, the Final Agreement shall prevail to the extent of the inconsistency or conflict; and

(b) that where there is an inconsistency or conflict between the Ontario Implementation Legislation and any other Ontario Law, the Ontario Implementation Legislation shall prevail to the extent of the inconsistency or conflict.

2.12.3 Federal Laws and Ontario Laws shall apply to Algonquins and Settlement Lands, subject to the provisions of the Final Agreement.

2.13 ENVIRONMENTAL ASSESSMENT

2.13.1 Ontario’s environmental assessment requirements related to this Agreement-in-Principle or the Final Agreement shall be fulfilled in accordance with the Algonquin Declaration Order.

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2.14 DISCLOSURE OF INFORMATION

2.14.1 Notwithstanding any other provision of the Final Agreement, Canada and Ontario shall not be required to disclose any information that they are required or entitled to withhold under any law. Where Canada or Ontario has discretion to disclose any information, it shall take into account the Final Agreement in exercising that discretion.

2.15 JURISDICTION

2.15.1 The Final Agreement will provide that the Superior Court of Justice of Ontario shall have jurisdiction in respect of any action or proceeding arising out of the Final Agreement or the Implementation Legislation.

2.16 LIMITATION ON CHALLENGES

2.16.1 The Final Agreement will provide that no Party will challenge, or support a challenge to, the validity of any provision of the Final Agreement.

2.16.2 The Final Agreement will provide that no Party will have a claim or cause of action based on a finding that any provision of the Final Agreement is invalid.

2.16.3 If a court of competent jurisdiction finally determines any provision of the Final Agreement to be invalid or unenforceable:

(a) the Parties will make best efforts to negotiate an amendment to the Final Agreement to remedy or replace the provision; and

(b) the provision will be severable from the Final Agreement to the extent of the invalidity or unenforceability, and the remainder of the Final Agreement will be construed, to the extent possible, to give effect to the intention of the Parties.

2.17 REPRESENTATION AND WARRANTY

2.17.1 The Final Agreement will provide that the Algonquins represent and warrant to Canada and Ontario that they represent the persons identified as entitled to be Beneficiaries in 3.1 who may have rights under section 35 of the Constitution Act, 1982 in relation to lands and natural resources in Canada except in the province of Quebec, and in respect of other matters that may be specifically addressed in the Final Agreement.

2.17.2 The Algonquins represent and warrant to Canada and Ontario that the Algonquin Negotiation Representatives have the authority to sign this Agreement-in-Principle and to negotiate a Final Agreement with Canada and Ontario, which will be subject to ratification by the Algonquins.

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2.18 COMMUNICATIONS

2.18.1 In 2.18 and 2.19, “communication” includes any written communication between or among the Parties under this Agreement-in-Principle and the Final Agreement, including a notice, document, request, authorization or consent.

2.18.2 The Final Agreement will provide that communications between the Algonquins and Canada shall be in one of Canada’s official languages; and communications between the Algonquins and Ontario shall be in English.

2.19 NOTICE

2.19.1 Unless otherwise set out in this Agreement-in-Principle and the Final Agreement, a communication among the Parties must be:

(a) delivered personally or by courier;

(b) transmitted electronically;

(d) mailed by prepaid registered post in Canada.

2.19.2 A communication shall be considered to have been given, made or delivered, and received:

(a) if delivered personally or by a courier, at the start of business on the next business day after the business day on which it was received by the addressee or a responsible representative of the addressee;

(b) if transmitted electronically or by facsimile and the sender receives confirmation of delivery of the transmission, at the start of business on the business day following the day on which it was transmitted; or

2.19.3 The Parties may agree to give, make or deliver a communication by means other than those provided in 2.19.1.

2.19.4 Each Party will provide to the other Party addresses for delivery of communications under this Agreement and, subject to 2.19.6, will deliver any communication to the address provided by the other Party.

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2.19.5 A Party may change its postal or email address or facsimile number by giving notice of the change to the other Party.

2.19.6 If no other address for delivery of a particular communication has been provided by a Party, a communication may be mailed to the intended recipient as set out below:

For: Canada Attention: Minister of Indian Affairs and Northern Development 10 Wellington Street Gatineau, Quebec K1A 0H4

For: Algonquins Attention: [as set out in the Final Agreement]

For: Ontario Attention: Minister of Aboriginal Affairs 160 Bloor St East 4th Floor Toronto, ON M7A 2E3

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CHAPTER 3 ELIGIBILITY AND ENROLMENT

3.1 ELIGIBILITY

3.1.1 An individual is entitled to be enrolled as a Beneficiary under the Final Agreement if that individual is a Canadian citizen and:

(a) declares himself or herself Algonquin and can demonstrate:

i Direct Lineal Descent from an Algonquin Ancestor; and

ii that the applicant or an individual in the line of Direct Lineal Descent between the applicant and an Algonquin Ancestor was part of an Algonquin Collective after July 15, 1897 and prior to June 15, 1991; and

iii a present-day Cultural or Social Connection with an Algonquin Collective; or

(b) the name of the applicant appears on the membership list maintained by the Algonquins of Pikwàkanagàn First Nation in accordance with their membership code pursuant to section 10 of the Indian Act.

3.1.2 Notwithstanding that an individual is not eligible to be enrolled as a Beneficiary by virtue of 3.1.1, the Final Agreement may provide that such an individual be eligible to be enrolled pursuant to a process of community acceptance following the Effective Date.

3.1.3 The rights of any Beneficiaries enrolled pursuant to 3.1.2 may be determined by the community acceptance process referred to in that section or the Final Agreement.

3.1.4 The Algonquins shall bear the sole responsibility, including the cost, for the acceptance of individuals for enrolment pursuant to 3.1.2.

3.1.5 Eligibility is personal; it cannot be transferred or assigned.

3.2 EXCLUSIONS

3.2.1 Notwithstanding anything in 3.1, an individual who would otherwise be eligible to be enrolled as a Beneficiary will not be eligible if that individual:

(a) self-identifies as a member of another Aboriginal group which asserts Aboriginal or treaty rights within the Settlement Area; or

(b) is a member of another Aboriginal group that is party to a comprehensive land claims agreement or treaty.

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3.2.2 Where an individual ceases to be enrolled pursuant to another comprehensive land claims agreement or waives entitlement to Aboriginal or treaty rights other than those described in or recognized by the Final Agreement, 3.2.1 shall not apply.

3.3 ENROLMENT BOARD

3.3.1 The Final Agreement will provide that, immediately following the Effective Date, an Enrolment Board shall be established to carry out the functions described in this Chapter.

3.3.2 The Enrolment Board shall consist of five (5) members appointed by the Algonquins of Ontario.

3.3.3 The first appointments made to the Enrolment Board shall be made after consultation with Canada and Ontario.

3.4 ENROLMENT RESPONSIBILITIES

3.4.1 The Enrolment Board shall, after the Effective Date:

(a) enrol any individual who is eligible pursuant to 3.1.1, and is not excluded under 3.2.1:

i who is not a Minor and who applies to the Enrolment Board to be enrolled; or

ii who is a Minor and for whom the Enrolment Board receives an application for enrolment by that person’s parent or guardian;

(b) establish and maintain a registry of the Beneficiaries;

(d) make the registry of the Beneficiaries public;

(e) determine its own procedures and rules of evidence which shall be in accordance with principles of natural justice;

(f) notify each applicant whose name has not been entered in the registry of the Beneficiaries of the reasons for the decision to refuse enrolment and of that applicant’s right to appeal from any decision with respect to enrolment; and

(g) prepare and provide proof of enrolment under the Final Agreement to each enrolled person.

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3.4.2 The Enrolment Board shall remove from the registry of the Beneficiaries the name of any person:

(a) who is not a Minor and who notifies the Enrolment Board in writing that the person’s name is to be removed from the registry; or

(b) who is a Minor and whose parent or guardian notifies the Enrolment Board in writing that that Minor’s name is to be removed from the registry.

3.5 APPEALS

3.5.1 The Final Agreement will establish the grounds and rules for appeals respecting enrolments after the Effective Date, will provide the standards of review applicable for such appeals and will identify the Court where the appeal can be heard.

3.6 COSTS

3.6.1 Ontario and Canada shall pay the reasonable costs incurred by the Enrolment Board for the Initial Enrolment Period.

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CHAPTER 4 CLAIMS INSTITUTIONS

4.1 The Final Agreement will identify the Algonquin Institutions that will receive and manage Settlement Lands, the Capital Transfer and other assets, discharge responsibilities and exercise powers on behalf of the Algonquins under the Final Agreement.

4.2 The process leading up to the Final Agreement will include a process whereby the Algonquins approve the structures, mandates and powers of the initial Algonquin Institutions.

4.3 The structure and management of an Algonquin Institution shall be consistent with the following principles:

(a) equitable treatment of Beneficiaries and access to benefits;

(b) transparency to Beneficiaries;

(d) governance rights of Beneficiaries relating to Algonquin Institutions; and

(e) any other principles set out in the Final Agreement.

4.4 For greater certainty, Algonquin Institutions may be structured so as to create programs and services or to manage Settlement Lands, Capital Transfers or other assets in a manner that benefits certain Beneficiaries or groups of Beneficiaries according to eligibility criteria such as, but not limited to, age, place of residence, community or regional affiliation or need.

4.5 The Algonquins may restructure, terminate and create new Algonquin Institutions after the Effective Date.

4.6 The Algonquins will maintain a public register of such institutions.

4.7 Ontario and Canada shall not be liable for the failure of any Algonquin Institution to comply with the principles governing those institutions set out in the Final Agreement.

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CHAPTER 5 LANDS

5.1 ALGONQUIN SETTLEMENT LANDS

5.1.1 The Final Agreement will provide that Ontario will transfer the parcels identified on the Descriptive Plans in Schedule 5.1A, being not less than one hundred and seventeen thousand, five hundred (117,500) acres, as Settlement Lands to an Algonquin Institution following the Effective Date in accordance with the Implementation Plan agreed to by the Parties pursuant to Chapter 14.

5.1.2 The Final Agreement may identify parcels of Federal Crown Land that may be transferred to an Algonquin Institution as Settlement Lands in accordance with the Implementation Plan agreed to by the Parties pursuant to Chapter 14 provided that:

(a) Federal Crown Lands become available;

(b) the Algonquins express an interest in those available lands; and

(c) the Department of Indian Affairs and Northern Development acquires those lands in accordance with the Surplus Real Property Initiative.

5.1.3 Subject to the exceptions set out in the Final Agreement, the Settlement Lands identified in 5.1.1 and 5.1.2 will be transferred in fee simple absolute and will include all surface and subsurface rights including, without limitation, all Minerals on, under or within those lands.

5.1.4 Prior to the Final Agreement, the Parties may agree to modifications with respect to the Settlement Lands described in Schedules 5.1A, provided that the land quantum to be provided by Ontario identified in 5.1.1 remains not less than one hundred and seventeen thousand, five hundred (117,500) acres.

5.1.5 Title to Settlement Lands will vest on the Date of Transfer.

5.1.6 Ontario and the Algonquins have identified certain lands identified in the Schedule 5.1A(i) for which Ontario Power Generation holds water power leases. Prior to the Final Agreement Ontario will endeavour to negotiate a partial surrender of those leases by Ontario Power Generation on terms that are acceptable to the Parties and to include the lands identified in Schedule 5.1A(i) as Settlement Lands to be transferred to an Algonquin Institution in accordance with the Implementation Plan.

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5.1.7 Ontario and the Algonquins have identified certain lands identified on the Descriptive Plans in Schedule 5.1A(ii) that are County forests and require the County of Renfrew’s approval to transfer. Prior to the Final Agreement, Ontario will seek the County of Renfrew’s approval to transfer the lands, following which, and prior to the Final Agreement, Ontario, the County of Renfrew and the Algonquins will negotiate the terms of any such transfer.

5.1.8 Except where a survey is required to determine navigability, the Final Agreement will specify which beds of waters will be part of the Settlement Lands in accordance with the following principles:

(a) Ontario and Canada will retain the beds of Navigable Waters; and

(b) the beds of non-Navigable Waters that are wholly within the Settlement Lands will be transferred to an Algonquin Institution.

5.1.9 For greater certainty, the area of any beds that are transferred to an Algonquin Institution as Settlement Lands will be included in the total land quantum as described in 5.1.1.

5.1.10 As a general principle, Ontario will not transfer Public Roads.

5.1.11 Where indicated on Descriptive Plans in Schedule 5.1A, Ontario will close and transfer portions of unopened road allowances including unopened, un-submerged shore road allowances in the Settlement Area that are within its administration and control.

5.1.12 For greater certainty, Ontario will not transfer any road allowances that are owned by a municipality.

5.1.13 Where indicated on Descriptive Plans in Schedule 5.1A, Ontario will close such unopened road allowances, including unopened, un-submerged shore road allowances that are within those Protected Areas that will be de-regulated and transferred to an Algonquin Institution, and transfer those road allowances.

5.1.14 Prior to the Final Agreement, where indicated on Descriptive Plans in Schedule 5.1A, the Parties will discuss with appropriate municipalities the possibility of closing and transferring to an Algonquin Institution municipally-owned unopened road allowances including unopened, un- submerged shore road allowances.

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5.1.15 Where a parcel of Settlement Lands is adjacent to a body of water, Ontario will release the shoreline reserve unless there is an incompatible Third Party right or interest, such as flooding rights that require a shoreline reserve, a municipally-owned shore road allowance that the municipality wishes to retain, or a shore road allowance administered and controlled by Ontario that Ontario wishes to retain.

5.2 THIRD PARTY INTERESTS IN SETTLEMENT LANDS

5.2.1 Settlement Lands will be subject to the rights or legal interests of Third Parties in the lands existing at the time of transfer, or created or modified pursuant to the Final Agreement.

5.2.2 For greater certainty, the following legal interests on Settlement Lands existing at the time of transfer will continue on those lands after transfer to an Algonquin Institution in accordance with the following principles:

(a) mining leases and mining claims will continue in accordance with their terms;

(b) aggregate permits will continue as aggregate licenses to be issued by Ontario for the same volume of aggregate material as set out in the permit, provided that the Algonquins and the aggregate permit holders negotiate a lease for the use of the lands;

(d) Land Use Permits for Public Utilities will continue as easements;

(e) Licenses of Occupation for flooding will continue as reservations in the patent of rights to flood to the same contours as are set out in Licenses;

(f) the Algonquins will negotiate agreements with trapline holders, who will continue to be licensed by Ontario, providing for continued trapping on Settlement Lands; and

(g) the rights and interests granted by other Land Use Permits and Licenses of Occupation will continue through agreements negotiated by the Algonquins and the Third Parties on a case-by- case basis.

5.2.3 Prior to the Final Agreement, Ontario will facilitate the negotiation of the terms and conditions, including the duration, of the leases and agreements contemplated in 5.2.2.

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5.2.4 Prior to the Final Agreement, the Algonquins and Ontario will negotiate transitional arrangements with licensees of baitfish harvest areas and bear management areas on Settlement Lands.

5.2.5 Third Parties holding rights, title or other legal interests as described in 5.2.1 to 5.2.4 will continue to have or will be provided with such right of access to or across such portions of the Settlement Lands or waters overlying such lands, as is reasonably necessary for the exercise or enjoyment of that right, title or other legal interest.

5.2.6 After the Effective Date, and until lands are transferred to an Algonquin Institution, Ontario will hold in trust for the Algonquins any revenues identified in the Final Agreement that are paid to Ontario by Third Parties with respect to their interests in Crown Lands that will be transferred to an Algonquin Institution as Settlement Lands.

5.2.7 After the transfer of the relevant Settlement Lands, Ontario will transfer the amounts held in trust in accordance with 5.2.6, along with the interest accruing on the revenues from the Effective Date, at a rate identified in the Final Agreement.

Forest Operations on Settlement Lands

5.2.8 Settlement Lands subject to a Sustainable Forest License shall be transferred to an Algonquin Institution after the expiry of Forest Management Plans existing as of the date of this Agreement-in-Principle, provided that if there are any proposed amendments to Forest Management Plans that could adversely affect prospective Algonquin interests in those Settlement Lands prior to transfer, Ontario will Consult the Algonquins.

5.2.9 The Algonquins will negotiate transitional plans with Ontario and the holders of Sustainable Forest Licenses, forest resource licenses and supply agreements applying to Settlement Lands prior to their transfer, which will ensure these license holders’ access to Forest Resources on the Settlement Lands during a transition period.

Public Utilities

5.2.10 After the Effective Date, and until the relevant Settlement Lands are transferred to an Algonquin Institution, Ontario or Canada, as appropriate, will hold in trust for the Algonquins any revenues identified in the Final Agreement that are paid by Public Utilities to Ontario or Canada for the use of and access to those Lands.

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5.2.11 After the transfer of the relevant Settlement Lands, Ontario or Canada, as appropriate, will transfer the revenues held in trust in accordance with 5.2.10, along with the interest accruing on the revenues from the Effective Date, at a rate identified in the Final Agreement.

5.2.12 Public Utilities that have an existing right of access to and use of any Settlement Lands at the date of transfer will, after that date, pay to the Algonquins any revenues identified in the Final Agreement that were previously paid to Ontario or Canada in relation to that right, unless the Parties otherwise agree.

5.2.13 Notwithstanding the initial rates paid on the Date of Transfer the monies paid to the Algonquins for existing rights of access and use pursuant to 5.2.12 will be based on rates established from time to time by the Crown in its sole discretion for Public Utility access to and use of Crown Lands in the Settlement Area, unless the Parties otherwise agree.

Identification of Third Party Rights

5.2.14 The Third Party rights, title or legal interests in the proposed Settlement Lands known at the time of this Agreement-in-Principle are identified on the Descriptive Plans in Schedule 5.1A.

Public Access to Protected Areas

5.2.15 The Final Agreement will identify lands required to maintain public access across Settlement Lands to Protected Areas and the method and legal means by which that access will be maintained.

5.3 ALGONQUIN INTERESTS IN CROWN LANDS

5.3.1 Ontario will grant easements or other rights of access to the Algonquins over particular parcels of Crown Land as described on the Descriptive Plans in Schedule 5.3A for access from Settlement Lands to other areas.

5.3.2 Ontario will grant to the Algonquins rights of first refusal for parcels identified in Schedules 5.3B and 5.3C, subject to the terms and conditions specified in each Schedule and in agreements to be negotiated.

Agreements for Special Protections on Crown Lands

5.3.3 Prior to the Final Agreement, Ontario and the Algonquins will negotiate Area of Algonquin Interest Agreements providing special protections for parcels of Crown Land which are of cultural or historic importance to the Algonquins and which are identified as Areas of Algonquin Interest on the Descriptive Plans in Schedule 5.3D.

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5.3.4 The Area of Algonquin Interest Agreements will be consistent with the principles set out in Schedule 5.3E.

5.3.5 If Ontario and the Algonquins cannot finalize an Area of Algonquin Interest Agreement for any particular parcel set out in Schedule 5.3D prior to the Final Agreement, the lands will continue to be governed by Provincial Laws and the principles set out in Schedule 5.3E will not apply.

5.3.6 Any Area of Algonquin Interest Agreement entered into between Ontario and the Algonquins will come into force on the Effective Date and thereafter will be recognized in Crown Land use planning designations and identified in the Crown Land Use Planning Atlas.

5.3.7 Each Area of Algonquin Interest Agreement will set out the process by which it may be amended.

5.4 BOUNDARIES, SURVEYS AND DESCRIPTIONS

5.4.1 The Crown shall survey, in accordance with applicable surveying standards and pursuant to the schedule set out in the Implementation Plan:

(a) the boundaries of Settlement Lands and any easements to and across Settlement Lands; and

(b) the boundaries of any Crown or Third Party rights or legal interests that the Parties agree require surveying.

5.4.2 Where a Descriptive Plan appended to the Final Agreement contains an error or omission, the survey of the relevant Settlement Lands shall rectify the error or omission and will supersede the Descriptive Plan.

5.4.3 The Settlement Lands will be surveyed, where practicable, by reference to natural or other existing boundaries, such as the boundaries of lakes or rivers and existing municipal boundaries, lot lines and rights-of-way.

5.4.4 Ontario and Canada shall be responsible for the cost of the surveys conducted pursuant to 5.4.1.

5.4.5 Neither Ontario nor Canada shall be responsible for the costs of any surveys of Settlement Lands, other than those identified in 5.4.1 after transfer of those lands to an Algonquin Institution.

5.5 ENVIRONMENTAL ASSESSMENT

5.5.1 The proposed transfer of Settlement Lands referred to in 5.1.1 will be subject to the environmental assessment process under the Algonquin Declaration Order referred to in 2.12.

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5.5.2 The proposed transfer of Settlement Lands referred to in 5.1.2 will be subject to environmental assessment in accordance with Federal Law.

5.5.3 The Parties will determine the role of the Algonquins in the environmental assessment processes in 5.5.1 and 5.5.2.

5.6 CONTAMINATED SITES

5.6.1 Unless otherwise agreed, Ontario and Canada will not transfer any lands that are determined to be contaminated beyond a standard acceptable to the Parties after completing the environmental assessment processes described in 5.5.1 and 5.5.2.

5.6.2 Notwithstanding 5.6.1, and provided the Parties negotiate appropriate releases and indemnities in relation to any contamination and/or remediation, lands that are determined to be contaminated beyond a standard acceptable to the Parties may be transferred to an Algonquin Institution:

(a) if the Parties agree to a remediation plan with respect to any particular contaminated parcel prior to the Final Agreement; or

(b) if the Algonquins accept the transfer of a parcel known to be contaminated.

5.6.3 Ontario or Canada, as applicable, shall be responsible for the costs associated with any remediation pursuant to 5.6.2(a) on Settlement Lands. This provision shall not prevent Ontario or Canada, as applicable, from recovering any costs associated with the remediation from a person who has caused the contamination or is otherwise liable for these costs.

5.6.4 The Final Agreement will address the obligations of the Parties should Settlement Lands be determined to be contaminated beyond a standard acceptable to the Parties after the Date of Transfer.

5.7 LAND USE PLANNING

5.7.1 Provincial, municipal and planning board land use planning jurisdiction, as geographically applicable, will apply to the Settlement Lands except as otherwise provided in the Final Agreement.

5.7.2 Notwithstanding 5.7.1, the Final Agreement will provide a process by which each parcel of Settlement Land located within a municipality will have an official plan designation and zoning, as agreed by the Parties after consultation with municipalities, to come into effect upon transfer to an Algonquin Institution.

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5.7.3 For greater certainty, any subsequent requirements to implement land uses intended by the Algonquins on the Settlement Lands following the Date of Transfer will be subject to jurisdiction of the respective municipal, planning board or provincial approval authority.

5.8 ACCESS TO OR ACROSS SETTLEMENT LANDS

5.8.1 Except as otherwise provided in the Final Agreement, access to or across Settlement Lands will be governed by the laws that apply to fee simple lands in Ontario, including the Road Access Act, the public right of navigation and laws relating to access to the shoreline for mariners in distress.

Access to Settlement Lands for Governmental Purposes

5.8.2 Without limiting the generality of 5.8.1, nothing in the Final Agreement will alter access and land use rights, privileges or obligations existing at law that apply to fee simple land, of employees, contractors and agents of Canada, Ontario, municipal governments or other statutory entities, including Canadian Forces personnel, peace officers, Inspectors, child protection officers and law enforcement officers.

5.8.3 Persons exercising access to Settlement Lands in accordance with 5.8.2 will not be required to pay fees or other compensation for that access, unless otherwise required by law.

Access for Continuing Research

5.8.4 Employees, agents, and contractors of Ontario, or persons otherwise authorized by Ontario, will continue to have access without payment of fees or other compensation, to such Settlement Lands as are specified in a schedule to the Final Agreement, for purposes of carrying out research that is ongoing and not completed at the time of the Final Agreement. Where access for research is exercised reasonable notice to the Algonquins, as specified in the Final Agreement, will be provided:

(a) before entering, crossing and remaining on Settlement Lands if it is practicable to do so; or

(b) as soon as practicable after entering, crossing and remaining on the Settlement Lands.

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Third Party Access Across Settlement Lands

5.8.5 Where Ontario determines that access across Settlement Lands is reasonably necessary for the exercise or enjoyment of a Third Party’s right, title or other legal interest located off Settlement Lands that is existing as of the Date of Transfer, Ontario will determine, after discussion with the Algonquins and the Third Party, whether such access shall be provided by way of:

(a) an exclusion from the Settlement Lands;

(b) by way of an easement or other legal interest or right which is to be granted by Ontario prior to the Date of Transfer; or

5.8.6 Where access is to be granted pursuant to 5.8.5(c), the Algonquins agree to negotiate the terms of such access with the Third Party requiring access prior to the Final Agreement on a without profits basis, provided that the Algonquins may negotiate for recovery of incidental costs which are directly related to the provision or maintenance of access.

5.8.7 If a right of access cannot be successfully negotiated between the Algonquins and the Third Party requiring access on and across Settlement Lands in accordance with 5.8.5(c), Ontario and the Algonquins will enter into discussions in order to determine the manner in which the relevant Settlement Lands may be transferred, transferred pursuant to conditions, or modified.

5.8.8 The Algonquins agree to enter into discussions with groups that maintain trails for public or group member access on and across Settlement Lands, and where agreement is reached, the Algonquins will provide authorization for the use and maintenance of the trails.

5.8.9 For greater certainty, the public will have the right to use, free of charge, existing portages across Settlement Lands that link navigable waters.

5.9 GENERAL

5.9.1 Settlement Lands will be subject to laws relating to expropriation subject to any special provisions for expropriation of Settlement Lands that may be set out in the Final Agreement.

5.9.2 Nothing in the Final Agreement will confer any right of ownership in waters on Settlement Lands.

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5.9.3 Except as contemplated in 12.2.2 of this Agreement-in-Principle, nothing in the Final Agreement, including the transfer of Settlement Lands to the Algonquins, will in and of itself, create any obligations on any person or entity including, without limitation, Canada, Ontario or municipalities, to establish or maintain Public Roads, or to provide services to the Settlement Lands that are not otherwise required by law.

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SCHEDULE 5.1A

If you are an Algonquin Voter you can book an appointment to see the Descriptive Plans of proposed Settlement Lands by contacting your Algonquin Negotiation Representative or the Algonquins of Ontario Consultation Office toll free at 1-855-735-3759 or 613-735-3759 or at the following email address: [email protected].

If you are a member of the public you can book an appointment to see the Descriptive Plans of proposed Settlement Lands by contacting the Ontario Information Centre toll free at 1-855-690-7070 or 613-732-8081 or at the following email address: [email protected].

A reference map of all proposed Settlement Lands in the Settlement Area is attached at Map “B”.

Maps of the proposed Settlement Lands in the following municipalities are attached:

County of Frontenac: Map “C”

County of Hastings: Map “D”

County of Lanark: Map “E”

County of Lennox and Addington: Map “F”

County of Renfrew: Map “G”

District of Nipissing: Map “H”

City of Ottawa: Map “I”

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SCHEDULE 5.1(A)(i)

LANDS SUBJECT TO WATER POWER LEASES

Parcel No. Description Water Power Lease 1 Shoreline of former Antoine Provincial Water Power Lease No. 102 Park, Part of lot 40 Conc. 7, Mattawan Twp, District of Nipissing 7C, 7D Shoreline of Part Lot 27 Con XII and Water Power Lease Agreement Part Lots 28, 29 Con. XI, Mattawan No. 25 Twp. 38 Shoreline of Part of Lot 32 Con A, Water Power Lease No. 102 Cameron Twp. 39 Shoreline of Part of Lots 20-25 Con A, Water Power Lease No. 102 Cameron Twp., Twp of Papineau Cameron 40 Shoreline of Part of Lots 15, 16, and Water Power Lease No. 102 17 Conc A, Cameron Twp, Santa Island and small unnamed islands in Ottawa River 47G Shoreline of Part of the undivided Water Power Lease Agreement Antoine Twp. Just south of Eddy Twp No. 25 adjacent to the Proposed Upper Ottawa River Provincial Park, District of Nipissing 56_C Shoreline of Part of Lots 52 and 53, Water Power Lease No. 102 Range B, Rolph Twp, County of Renfrew 110_A Shoreline of Rocher Captaine Island. Water Power Lease No. 102 This island is situated in the Ottawa River fronting lots 52-55, Con A, Maria Twp, County of Renfrew. 110_F Basil island is situated in the Ottawa Water Power Lease No. 102 River and fronts Lot 4, Range E, Buchanan Twp. 110_G Gibraltar Island is situated in the Water Power Lease No. 102 Ottawa River and Fronts Lot 4, Range E, Buchanan Twp. 110_H This un-named island is situated in Water Power Lease No. 102 the Ottawa River and fronts Lot 16, Lake Range, Petawawa Twp. 110_I This un-named island is situated in Water Power Lease No. 102 the Ottawa River adjacent to parcel 110_H, and also fronts Lot 16, Lake Range, Petawawa Twp.

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Parcel No. Description Water Power Lease 110_J One of the Crab Islands situated in Water Power Lease No. 102 the Ottawa River close to provincial boarder within the Ottawa River and fronts Lot 16, Lake Range, Petawawa Twp. 110_K Gutzman Island is situated in the Water Power Lease No. 102 Ottawa River and fronts Lot 11, Lake Range, Petawawa Twp. 110_L Sacks Island is situated in the Ottawa Water Power Lease No. 102 River and fronts Lot 9, Lake Range, Petawawa Twp. 123 Shoreline of Part Lot 18 & Lot 19, Water Power Lease No. 25 Conc. XIV, Mattawan Twp, District of Nipissing 127_Y Shoreline of Part of Lot 15, Conc. XV, Water Power Lease No. 25 Mattawan Twp, District of Nipissing. Small acreage parcel – 2 acres Formerly part of 7B 129_Q Shoreline of Part of Lot 17, Conc VI, Water Power Lease Agreement Bagot Twp., County of Renfrew No. 24 176 Shoreline of Part of Lots 8, and 9 , Water Power Lease No. 79 Conc VII, Matawatchan Twp., County of Renfrew 178_C Shoreline of Part of Lot 31 Conc II; Water Power Lease No. 79 Shoreline of Lot 32 Conc II; Shoreline of Lots 33-35 and part lot 36, Conc II; Shoreline of Part of lot 28, Conc II, Together with the islands that are part of the Centennial Lake Provincial Park being the islands comprising parts of Lots 31-34 Conc . II and islands lying on Lots 28 Conc II & III, Brougham Twp, County of Renfrew 182 Part of Lot 30 Conc. A; Twp. Of WPL 102 – Schedule A, Second Head, County of Renfrew Part

259_C, Shoreline of Lots 39 & 40 Con A, Water Power Lease No. 102 259_D, Head Twp. and Lots 41-47 259_E) Concession A, Maria Twp, County of Renfrew 334 Shoreline of Lot 53, Concession A & Water Power Lease No. 102 B, Twp. of Maria, County of Renfrew

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SCHEDULE 5.1A(ii)

If you are an Algonquin Voter you can book an appointment to see the Descriptive Plans of the County Forest Lands by contacting your Algonquin Negotiation Representative or the Algonquins of Ontario Consultation Office toll free at 1-855-735-3759 or 613-735-3759 or at the following email address: [email protected].

If you are a member of the public you can book an appointment to see the Descriptive Plans of the County Forest Lands by contacting the Ontario Information Centre toll free at 1-855-690-7070 or 613-732-8081 or at the following email address: [email protected].

County Forest Lands are indicated on County of Renfrew Map “G”.

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SCHEDULE 5.3A

If you are an Algonquin Voter you can book an appointment to see the Descriptive Plans of the Algonquin Easements by contacting your Algonquin Negotiation Representative or the Algonquins of Ontario Consultation Office toll free at 1-855-735-3759 or 613-735-3759 or at the following email address: [email protected].

If you are a member of the public you can book an appointment to see the Descriptive Plans of the Algonquin Easements by contacting the Ontario Information Centre toll free at 1-855-690-7070 or 613-732-8081 or at the following email address: [email protected].

A reference map that indicates the Algonquin Easements is attached at Map “J”.

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SCHEDULE 5.3B

If you are an Algonquin Voter you can book an appointment to see the Descriptive Plans of the White Lake Facility and Lands by contacting your Algonquin Negotiation Representative or the Algonquins of Ontario Consultation Office toll free at 1-855-735-3759 or 613-735-3759 or at the following email address: [email protected].

If you are a member of the public you can book an appointment to see the Descriptive Plans of the White Lake Facility and Lands by contacting the Ontario Information Centre toll free at 1-855-690-7070 or 613-732-8081 or at the following email address: [email protected].

A reference map that indicates the White Lake Facility and Lands is attached at Map “J”.

WHITE LAKE FACILITY AND LANDS – RIGHT OF FIRST REFUSAL

1. Ontario will grant to the Algonquins the right of first refusal to purchase at fair market value the Crown-owned facility and lands at White Lake, Township of Olden, as set out in the Descriptive Plan. The right of first refusal will be subject to applicable laws, including environmental assessment legislation, and the following conditions:

(a) The facility and lands are no longer required for program purposes;

(b) The fair market value of the facility and lands shall be determined by an independent appraisal by an appraiser appointed by Ontario and the Algonquins, the costs of which shall be shared equally by Ontario and the Algonquins;

(c) Following the receipt of the independent appraisal of the facility and lands, the Algonquins shall have 90 days to offer to purchase the facility and lands by delivering confirmation of the intent to purchase the facility and lands at the appraised value;

(d) Ontario will dispose of the lands to the Algonquins at the appraised value; and

(e) Where the Algonquins decline to exercise the right of first refusal granted above, Ontario shall be free to dispose of the facility and lands.

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2. For the purposes of this right of first refusal, the “program purposes” for the facility and lands at White Lake are defined as the culture of aquatic species for purposes of:

(a) Stocking public waters in accordance with approved management plans in order

i. to maintain, enhance or create fishing opportunities, and

ii. to contribute to biodiversity conservation by supporting the rehabilitation and recovery of aquatic species at risk and other species of conservation concern;

(b) Research; and/or

3. Ontario shall be deemed no longer to require the facility and lands for program purposes when:

(a) Ontario declares it no longer requires the facility and lands at White Lake for program purposes; or

(b) The facility and lands have not been used for 20 years for program purposes and there is no approved plan to recommence operation of the facility and lands for program purposes.

4. For greater certainty, this right of first refusal shall not be triggered in the event that Ontario changes the model for operating the facility and lands at White Lake, including the retention of private sector operators for the facility and lands for program purposes and/or other purposes that do not conflict with future use of the facility and lands for program purposes.

5. In the event that Ontario seeks to retain a private sector operator for the facility and lands, Ontario will provide an opportunity to the Algonquins to submit a proposal to become the operator in accordance with the process, terms and conditions established by Ontario for determining the operator.

6. Ontario will ensure that any agreement with a private sector operator is terminated when the facility and lands at White Lake are no longer required for program purposes in accordance with paragraph 3 of this Schedule.

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SCHEDULE 5.3C

RIGHTS OF FIRST REFUSAL FOR CERTAIN PARKS, IF DEREGULATED

In the event the Lieutenant Governor in Council or the Legislative Assembly, as applicable, has ordered or legislated the disposition of all or a portion of Westmeath Provincial Park (Bellows Bay), Petawawa Terrace Provincial Park, or Ottawa River (Whitewater) Provincial Park Ontario grants to the Algonquins the right of first refusal to purchase the lands at fair market value. The right of first refusal will be subject to applicable laws, including environmental assessment legislation, and the following conditions:

(a) The fair market value of the lands shall be determined by an independent appraisal, the costs of which shall be shared equally by Ontario and the Algonquins;

(b) Following the receipt of the independent appraisal of the lands, the Algonquins shall have 90 days to offer to purchase the lands by delivering to the Ministry of Natural Resources a signed letter containing confirmation of the intent to purchase the land at the appraised value;

(d) Where the Algonquins decline to exercise the right of first refusal granted above, Ontario shall be free to dispose of the lands.

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SCHEDULE 5.3D

If you are an Algonquin Voter you can book an appointment to see the Descriptive Plans of the Areas of Algonquin Interest by contacting your Algonquin Negotiation Representative or the Algonquins of Ontario Consultation Office toll free at 1-855-735-3759 or 613-735-3759 or at the following email address: [email protected].

If you are a member of the public you can book an appointment to see the Descriptive Plans of the Areas of Algonquin Interest by contacting the Ontario Information Centre toll free at 1-855-690-7070 or 613-732-8081 or at the following email address: [email protected].

A reference map that indicates the Areas of Algonquin Interest is attached at Map “J”.

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SCHEDULE 5.3E

PRINCIPLES GOVERNING AREA OF ALGONQUIN INTEREST AGREEMENTS

(a) Ontario will retain administration and control of an Area of Algonquin Interest and will not authorize the sale or lease of the lands to any individual or entity without prior approval from the Algonquins, so long as such approval is not unreasonably withheld;

(b) the public will continue to have access to and the use of an Area of Algonquin Interest for recreation purposes to the extent authorized by Ontario, consistent with (f) and (g);

(c) an Area of Algonquin Interest or any portion thereof may be withdrawn from mining claim staking and mineral development activity;

(d) notwithstanding (a), where mining claims have been staked prior to an Area of Algonquin Interest having been withdrawn from staking, those claims may be transformed into mining leases in accordance with the Mining Act;

(e) Ontario can continue to approve, authorize or regulate forestry activities in an Area of Algonquin Interest, subject to Consultation requirements that will be set out in the Area of Algonquin Interest Agreements;

(f) Ontario can continue to approve, authorize or regulate the maintenance and improvement of infrastructure, including Public Roads and Public Utilities’ infrastructure in an Area of Algonquin Interest, subject to Consultation requirements that will be set out in the Area of Algonquin Interest Agreements;

(g) subject to (a), Ontario can continue to make dispositions of interests in Areas of Algonquin Interest and approve, authorize or regulate further land use activities or developments that are not inconsistent with (h), subject to Consultation requirements that will be set out in the Area of Algonquin Interest Agreements; and

(h) the nature and scope of protections contained in each Area of Algonquin Interest Agreement will also reflect the particular cultural and historical importance of each Area of Algonquin Interest to the Algonquins.

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CHAPTER 6 CAPITAL TRANSFERS AND LOAN REPAYMENT

6.1 CAPITAL TRANSFER

6.1.1 Canada and Ontario shall make a Capital Transfer of $300 million (three hundred million dollars) (December 2011$) to an Algonquin Institution in accordance with Schedule 6.1.

6.1.2 On the Signing Date, Canada shall make a transfer to an Algonquin Institution in the amount of $10 million (ten million dollars) pursuant to an Agreement between the Algonquins of Ontario and the Government of Canada, Respecting the Disposal of the Rockcliffe Site, dated September 22, 2010. The transfer referred to in this paragraph is included in the Capital Transfer referred to in 6.1.1.

6.2 CREDIT AND SET-OFF

6.2.1 The funds provided to the Algonquin Opportunity Trust No.2 by Ontario under the Algonquins of Ontario Economic Development Interim Agreement dated March 26, 2009, shall be set off and deducted from Ontario’s portion of the Capital Transfer under the terms of that interim agreement.

6.3 LOAN REPAYMENTS

6.3.1 The Algonquins shall repay to Canada any outstanding amounts under the terms of the Algonquin negotiation loan agreements in accordance with Schedule 6.3.

6.3.2 The obligation of the Algonquins to repay the loan in 6.3.1 will be discharged by Canada deducting from the Capital Transfer it makes to an Algonquin Institution pursuant to 6.1.1 any amounts due to Canada from the Algonquins under the schedule of loan repayments set out in Schedule 6.3.

6.4 OTHER MONETARY BENEFITS

6.4.1 For greater certainty, the Capital Transfer set out in 6.1 may be adjusted in the Final Agreement to provide for a special purpose fund or other monetary benefits, including resource related benefits, provided that the total value of such a fund and such other benefits does not exceed the total capital sum provided in 6.1.

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SCHEDULE 6.1

CAPITAL TRANSFER PAYMENT SCHEDULE

Signing Date $10,000,000

Effective Date $

First Anniversary of Effective Date $

Second Anniversary of Effective Date $

Notes for Finalizing Schedule 6.1 to the Final Agreement

The purpose of these notes is to enable the Parties to calculate the amounts to be shown in the final version of this Schedule that will be a schedule to the Final Agreement.

These instructions will be deleted, and will not form part of the Final Agreement when this Schedule is completed in accordance with these instructions and the Effective Date occurs.

1. DEFINITIONS

In this Schedule, the following terms have the indicated meanings:

“Consolidated Revenue Fund Lending Rate” means the rate of that name established from time to time by the Department of Finance;

“Discount Rate” means the recently released amortized Consolidated Revenue Fund Lending Rate approved by the Federal Minister of Finance prior to the Effective Date, less one eighth (1/8th) of one per cent;

“FDDIPI” means the Canada Final Domestic Demand Implicit Price Index published regularly by Statistics Canada; and

“Present Value” as at a particular date, means the present discounted value as at that particular date using the Discount Rate, compounded annually.

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2. The Capital Transfer to the Algonquins on the Signing Date shall be calculated as the amount referred to in 6.1.1 multiplied by the FDDIPI for the latest quarter available prior to the Signing Date and by dividing the resulting product by the value of FDDIPI for the fourth quarter 2011, less $10 million to be paid by Canada on the Signing Date pursuant to 6.1.2.

3. Prior to the Effective Date, Canada, Ontario and the Algonquins will negotiate a Capital Transfer Payment Schedule showing transfers from each of Canada and Ontario to an Algonquin Institution, and showing the credit and set-off described in 6.2.1 and the loan repayments described in 6.3.

4. The Capital Transfer Payment Schedule will provide for a first payment on the Effective Date and subsequent payments on the first and second anniversaries of the Effective Date having a Present Value as at the Effective Date equal to an amount that is calculated as the amount in note 2 multiplied by the FDDIPI for the latest quarter available prior to the Effective Date and by dividing the resulting product by the value of FDDIPI for the latest quarter available prior to the Signing Date.

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SCHEDULE 6.3

NEGOTIATION LOANS REPAYMENT SCHEDULE

1. Prior to the signing of the Final Agreement, Canada and the Algonquins will agree on the amount of outstanding negotiation loans to be repaid pursuant to 6.3.1.

2. Prior to the Effective Date, Canada and the Algonquins will agree to a final schedule for the repayment, in accordance with negotiation loan agreements, of all outstanding loan amounts up to the Effective Date, pursuant to 6.3.1.

3. The final schedule for the repayment of outstanding negotiation loans by the Algonquins will be calculated using a Discount Rate that corresponds to the Discount Rate used in note 4 to Schedule 6.1.

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CHAPTER 7 FORESTRY

7.1 SUPPORT OF INDUSTRY AND INCREASED ALGONQUIN OPPORTUNITIES

7.1.1 The Parties recognize the importance of the Forest Industry in the Settlement Area, including in Algonquin Park, and agree to work cooperatively to support and maintain the existing Forest Industry and to increase Algonquin participation in, and benefits from the Forest Industry as set out in this Chapter.

7.2 EMPLOYMENT, TRAINING AND CONTRACT OPPORTUNITIES

7.2.1 Ontario will support measures designed to increase Algonquin employment and participation in the Forest Industry.

7.2.2 Between this Agreement-in-Principle and the Final Agreement Ontario will continue to work with the Algonquins in relation to the development of economic opportunities in the Forest Industry.

Opportunities in Forestry Generally

7.2.3 Prior to the Final Agreement the Parties will continue to identify measures to develop Algonquin capacity to play a meaningful role in the Forest Industry.

7.2.4 As part of the Annual Work Schedule development process, the Ministry of Natural Resources will meet with the Algonquins and Sustainable Forest License holders to encourage consideration by Sustainable Forest License holders of potential Algonquin employment, training and contract opportunities in the Forest Industry.

7.2.5 Where appropriate, Ontario will consider the potential for Algonquin benefits, including employment, training, and contract opportunities, as a relevant factor to be considered in the evaluation of tender bids and other government contracting procedures relating to the Forest Industry.

Opportunities in Forestry in Algonquin Park

7.2.6 Ontario and the Algonquin Forestry Authority will assist in the provision of training opportunities for the Algonquins in forest related occupations in Algonquin Park, including in silviculture.

7.2.7 Ontario and the Algonquin Forestry Authority will provide notice to the Algonquins of government contracts and job opportunities in the Forest Industry in Algonquin Park.

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7.2.8 The Final Agreement will provide that Ontario appoint at least one person nominated by the Algonquins to the Board of Directors of the Algonquin Forestry Authority.

7.3 POLICY REFORM

7.3.1 Ontario will Consult with the Algonquins in relation to any new forestry policy initiatives that will apply to the Settlement Area, including but not limited to the Ontario Forest Tenure and Pricing Review that is underway at the time of this Agreement-in-Principle.

7.4 FOREST MANAGEMENT AND PLANNING

7.4.1 The Final Agreement will set out the nature and scope of Algonquin participation in forest management and planning, including through representation on planning teams, both inside and outside of Algonquin Park.

7.5 USE OF TREES ON CROWN LANDS

7.5.1 All matters relating to the use of Trees on Crown Lands by the Algonquins will be addressed in the Final Agreement.

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CHAPTER 8 HARVESTING

8.1 HARVESTING RIGHTS

8.1.1 The Final Agreement will provide that the Beneficiaries have the right to Harvest Fish, Wildlife, Migratory Birds and Plants for Domestic Purposes in the Settlement Area throughout the year in accordance with the Final Agreement.

8.1.2 The Final Agreement will provide that the Beneficiaries have the right to Trade and Barter amongst themselves Fish, Wildlife, Migratory Birds and Plants, including their parts, meat, feathers and furs, Harvested for Domestic Purposes pursuant to 8.1.1.

8.1.3 All matters relating to Algonquin Trade and Barter with other Aboriginal Peoples of Fish, Wildlife, Migratory Birds and Plants, including their parts, meat, feathers and furs, Harvested for Domestic Purposes pursuant to 8.1.1 will be addressed in the Final Agreement.

8.1.4 The Algonquin rights to Harvest are communal rights that may only be exercised by Beneficiaries.

8.1.5 The Final Agreement shall ensure that the Algonquins have legal authority to:

(a) establish and participate in Algonquin Harvest Plans and Fisheries management plans in collaboration with Ontario; and

(b) internally allocate, monitor and manage Algonquin Harvesting rights.

8.1.6 In addition to the process for allocating species pursuant to 8.6 to 8.8, Algonquin Harvesting will be subject to Provincial and Federal Measures that are necessary for Conservation, public health or public safety.

8.1.7 Ontario or Canada shall Consult with the Algonquins, in accordance with 2.7.1 and as provided in the Final Agreement, prior to implementing any Measure that is necessary for Conservation, public health or public safety referred to in 8.1.6.

8.1.8 The Final Agreement will provide that the Consultation in 8.1.7 shall include consideration of reasonable means to minimize the impact of any Conservation Measure on the Algonquin right to Harvest.

8.1.9 The Crown will Consult with the Algonquins prior to and in the development of Conservation Measures that may apply to Species At Risk in the Settlement Area, and the Crown and Algonquins may enter into agreements on such Conservation Measures.

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8.1.10 Nothing in the Final Agreement will preclude Ontario or Canada from taking Measures to address a Conservation, public health, public safety or other emergency which requires immediate action.

8.1.11 Where the nature of a Conservation, public health or public safety emergency prevents the performance of the Consultation requirements in 8.1.7 prior to implementing those Measures, Ontario or Canada shall Consult with the Algonquins as soon as is reasonably practicable following the taking of those Measures.

8.1.12 A Beneficiary may use any method or technology to Harvest Fish, Wildlife, Migratory Birds or Plants under the terms of this Chapter if it does not contravene any Federal or Provincial Measure referred to in 8.1.6.

8.1.13 Subject to 8.4, Commercial Harvesting and sale will be subject to laws of general application.

8.1.14 The sale of By-Products of Fish, Wildlife, Plants and Migratory Birds that are Harvested for Domestic Purposes is subject to laws of general application.

8.1.15 Beneficiaries may Harvest Fish, Wildlife, Migratory Birds and Plants on Crown Lands throughout the Settlement Area, as provided in the Final Agreement.

8.1.16 Algonquin Harvesting in Protected Areas within the Settlement Area will be subject to Protected Area Management Directions developed from time to time in Consultation with the Algonquins.

8.1.17 The Algonquins and Canada will negotiate and attempt to reach agreement in respect of the Harvesting rights of Algonquins in any National Park Reserve, National Wildlife Area, National Migratory Bird Sanctuary or National Park established in the Settlement Area before or after the Effective Date.

8.1.18 The rights of the Algonquins to Harvest Fish, Wildlife and Migratory Birds and to gather Plants may be exercised on privately held lands and waters, within the Settlement Area, where the landowner or occupier consents.

8.1.19 Nothing in the Final Agreement will prevent the Algonquins from Harvesting outside of the Settlement Area in accordance with Federal or Provincial Law.

8.1.20 The Final Agreement will address sharing agreements between the Algonquins and other Aboriginal Peoples in Ontario, and in particular neighbouring Aboriginal Peoples.

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8.1.21 Any sharing agreements negotiated pursuant to the Final Agreement shall be limited to Harvesting for Domestic Purposes and shall be consistent with the limitations on the Algonquin Harvest set out in the Final Agreement.

8.1.22 All matters relating to the use of resources, including Trees, and shelters for purposes reasonably incidental to Algonquin Harvesting on Crown Land and in Protected Areas in the Settlement Area shall be addressed in the Final Agreement.

8.1.23 The Final Agreement will describe Algonquin access to Provincial and Federal Crown Lands within the Settlement Area for purposes of exercising the Harvesting rights described in this Chapter, including the use of roads and trails.

8.2 GENERAL PROVISIONS

8.2.1 Nothing in this Agreement affects the jurisdiction of Canada and Ontario in relation to Fish, Wildlife, Migratory Birds, including their respective habitats, and Plants on all lands and waters in the Settlement Area, and that jurisdiction will be exercised in accordance with the Final Agreement.

8.2.2 Conservation is the fundamental principle of the management of Fish, Wildlife and Migratory Birds.

8.2.3 For greater certainty, the protection of habitat for Fish, Wildlife, and Migratory Birds, determined by the best available scientific information and Algonquin traditional knowledge, including spawning grounds, breeding areas, Migratory Bird Sanctuaries, and Fish sanctuaries is an important aspect of Conservation.

8.2.4 There is no property right in Fish, Wildlife and Migratory Birds while alive and in the wild.

8.2.5 Any legislation implementing an international agreement related to the Conservation of Wildlife, Fish and/or Migratory Birds that applies to or affects the Algonquins or the Settlement Area shall be interpreted and administered in a manner that treats the Algonquins on at least as favourable a basis as any other Aboriginal people of Canada.

8.2.6 For greater certainty, the Harvesting of Fish, Wildlife, Migratory Birds and Plants by the public, and access to Navigable Waters and Crown Land by the public will continue to be subject to laws of general application.

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8.3 HARVESTING MOOSE IN ALGONQUIN PROVINCIAL PARK

8.3.1 The Area within which the Algonquins can Harvest moose in Algonquin Provincial Park is set out in Schedule 8.3A. After the Final Agreement, Ontario and the Algonquins may agree to amend this area.

8.3.2 The Final Agreement will provide for an Algonquin Harvest Plan with respect to the harvesting of moose in Algonquin Provincial Park.

8.3.3 The Interim Algonquin Harvest Plan Process will continue until replaced by the Algonquin Harvest Plan referred to in 8.3.2.

8.4 TRAPPING

8.4.1 For greater certainty, the rights in 8.1.1 include the right to trap Furbearers for Domestic Purposes.

8.4.2 The trapping of Furbearers for commercial sale shall be governed by a Trapping Harmonization Agreement, to be negotiated by Ontario and the Algonquins prior to the Effective Date, which may address topics including, but not limited to:

(a) license issuing to individual trappers;

(b) recovery of royalties;

(d) cultural heritage;

(e) recruitment;

(f) establishment and fulfillment of quotas;

(g) species;

(h) nuisance animals;

(i) avoidance of conflicts between Beneficiaries trapping for Domestic Purposes and other trappers;

(j) reporting;

(k) trapping cabins;

(l) enforcement;

(m) other resource users;

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(n) creation of new traplines;

(o) loss of traplines;

(p) seasons; and

(q) transfers of existing traplines, including succession rights.

8.4.3 For greater certainty, the trapping of Furbearers for commercial sale under 8.4.2 shall be subject to Federal and Provincial Law.

8.4.4 Before a Trapping Harmonization Agreement comes into effect no transfer of an inactive trapline in the Settlement Area will occur without prior Consultation with the Algonquins.

8.4.5 Prior to the Final Agreement, Canada and the Algonquins will discuss arrangements, if any, for trapping on Federal Crown Lands within the Settlement Area.

8.5 FISHERIES

8.5.1 For greater certainty, and subject to any Fisheries Management Plan, the Algonquins may Harvest Fish for Domestic Purposes in the area of Algonquin Provincial Park that is within the Settlement Area.

8.5.2 The Final Agreement will set out the principles and processes for Fisheries Management Planning for the Settlement Area, including the area of Algonquin Provincial Park that is within the Settlement Area. Ontario will consult with other users during the development of these principles and processes.

8.5.3 The processes for Fisheries Management Planning in 8.5.2 shall include the processes by which the Algonquins will engage with Ontario in Fisheries Management Planning in the Settlement Area.

8.5.4 Any Fisheries Management Plan shall:

(a) reflect the best available scientific information and Algonquin traditional knowledge;

(b) provide for the Conservation of areas determined to be spawning grounds based on the best available scientific information and Algonquin traditional knowledge, including limitations on the fishing of spawning species during spawning seasons;

(c) provide for the Conservation of fish populations that are determined to be unique or fragile based on the best available scientific information and Algonquin traditional knowledge; and

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(d) have regard for the sustainability of resource stocks, maintenance of ecosystem function and biodiversity.

8.5.5 Prior to the Effective Date, Ontario and the Algonquins, and where necessary Canada, will make a concerted effort to develop a Fisheries Management Plan for all fishing in Algonquin Provincial Park, including provisions for the Conservation of brook trout. Ontario will consult with other users during the development of the plan and any plan shall provide fishing opportunities for all park users.

8.6 ALLOCATED SPECIES

8.6.1 Moose and elk will be Allocated Species within the Settlement Area and the Final Agreement will provide, in addition to the Algonquin Harvest Plan for Moose in Algonquin Provincial Park, for Algonquin Harvest Plans with respect to moose and elk.

8.6.2 The Minister may identify additional species or populations of species as Allocated Species, if, after Consulting with the Algonquins, the Minister determines that there is a Conservation risk to a species or population of species within or near the Settlement Area.

8.6.3 The Final Agreement will provide that Ontario will Consult with the Algonquins with respect to data to be considered in making recommendations to the Minister regarding the identification of a species or population as an Allocated Species, the Total Allowable Harvest or the Algonquin Allocation.

8.6.4 The Algonquins or Ontario may recommend to the Minister whether a species or population should be, or continue to be, an Allocated Species.

8.6.5 In making a decision to identify a species or population of a species as an Allocated Species the Minister shall take into account:

(a) Consultation with the Algonquins about the impacts on their rights, and Algonquin Traditional Knowledge that is relevant to the decision;

(b) scientific data that has been shared with the Algonquins;

(d) the existing and future interests of others with respect to the species.

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8.6.6 The Minister may determine that a species or population of a species is no longer an Allocated Species if that Minister determines, in accordance with the process set out in 8.6.1 to 8.6.5 that the Conservation risk to the species or population within or near the Settlement Area no longer exists.

8.7 TOTAL ALLOWABLE HARVEST OF ALLOCATED SPECIES

8.7.1 Where the Minister has identified a species or population as an Allocated Species pursuant to 8.6, the Minister shall establish a Total Allowable Harvest for that species.

8.7.2 The Minister shall Consult with the Algonquins before determining any limits pursuant to 8.7.1 or 8.7.3 including the limitation of the Total Allowable Harvest, if any, for the Allocated Species. The Minister may also consult with, and consider the interests of other users, as appropriate.

8.7.3 For greater certainty, the Minister may determine that there be no Harvest of an Allocated Species.

8.8 ALGONQUIN ALLOCATION OF AN ALLOCATED SPECIES

8.8.1 If the Minister decides that there is a Total Allowable Harvest, he or she shall determine the Algonquin Allocation in accordance with 8.8.2 to 8.8.7.

8.8.2 Ontario and the Algonquins will attempt to reach agreement on the Algonquin Allocation of the Total Allowable Harvest of an Allocated Species.

8.8.3 The Algonquin Allocation will take into account the right of the Algonquins to Harvest the Allocated Species for Domestic Purposes, all relevant information presented by Ontario and the Algonquins and, in particular, shall consider:

(a) the Total Allowable Harvest for the species;

(b) current and past Harvest by the Algonquins under this Chapter;

(d) current and past Harvesting by persons who are not Algonquins; and

(e) such other information as agreed to by the Parties.

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8.8.4 In the event that the Parties cannot reach agreement on the Algonquin Allocation, the Minister will consider any Algonquin submissions and provide a written decision with reasons for the Algonquin Allocation. The Minister must take into account the factors outlined in 8.8.3. For greater certainty, the Minister’s decision is subject to judicial review.

8.8.5 Ontario or the Algonquins may, at any time, request that the Minister review and vary the Minister’s decision. The Minister’s decision shall take into account the factors listed in 8.8.3 along with any changes to the Conservation risk.

8.9 HARVEST PLANS

8.9.1 Algonquin Harvesting of an Allocated Species shall be exercised in accordance with an Algonquin Harvest Plan developed by Ontario and the Algonquins.

8.9.2 An Algonquin Harvest Plan will include, as necessary, provisions in respect of:

(a) documentation of Harvesters authorized by the Algonquins;

(b) methods, timing and locations of Harvesting of the Allocated Species by the Algonquins;

(d) methods of monitoring and identifying Harvested Allocated Species;

(e) the term of the Algonquin Harvest Plan; and

(f) other matters as agreed to.

8.9.3 Algonquin Harvest Plans shall:

(a) reflect the best available scientific information and Algonquin Traditional Knowledge;

(b) reflect existing management plans for the species relevant to the location of the Harvest;

(d) have regard for the sustainability of resource stocks, maintenance of ecosystem function and biodiversity; and

(e) include such other information as agreed to by the Parties.

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8.10 TRANSPORTATION OUTSIDE OF SETTLEMENT AREA

8.10.1 Algonquins may possess and transport, outside the Settlement Area, Fish, Wildlife, Migratory Birds and Plants Harvested pursuant to the Final Agreement. Fish, Wildlife, Migratory Birds, and Plants so transported must be identified as having been Harvested pursuant to the Final Agreement by a Beneficiary.

8.10.2 Beneficiaries may be required by the Minister to obtain a permit to possess and transport Fish, Wildlife, Migratory Birds and Plants and their By-products Harvested pursuant to the Final Agreement outside of the Settlement Area. Such permit, if required, shall be without fees and shall contain terms and conditions established under laws of general application.

8.10.3 Individuals possessing and transporting Fish, Wildlife, Migratory Birds, and Plants may be required to present all specimens for inspection when requested by an authorized person under applicable legislation, and produce any permit required pursuant to 8.10.2.

8.11 ENFORCEMENT

8.11.1 Enforcement of Federal and Provincial Law in relation to Harvesting, throughout the Settlement Area, including in Algonquin Provincial Park, will continue to be the responsibility of Canada or Ontario.

8.11.2 Prior to the Final Agreement the role of the Algonquins in enforcement with respect to Beneficiaries shall be subject to further discussion among the Parties.

8.11.3 License fees, charges or royalties in respect of the Harvest of Fish, Wildlife or Migratory Birds by Beneficiaries will not apply to the Harvest of Fish, Wildlife or Migratory Birds in the Settlement Area for Domestic Purposes.

8.11.4 Nothing in the Final Agreement will affect the ability of Ontario or Canada to require Beneficiaries to obtain licenses for the use and possession of firearms under Federal and Provincial law on the same basis as other Aboriginal people.

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8.11.5 On the request of any person authorized to enforce laws in respect of Fish, Wildlife, Migratory Birds or Plants, Beneficiaries who Harvest or attempt to Harvest Fish, Wildlife, Migratory Birds or Plants will be required to provide documentation issued by the Algonquins permitting them to Harvest Fish, Wildlife, Migratory Birds or Plants under the Final Agreement. The documentation shall be in at least one of Canada’s official languages and shall be of sufficient detail to identify the individual as a Beneficiary.

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SCHEDULE 8.3A

[Moose Harvesting Area of Algonquin Provincial Park: see attached Map “K”]

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CHAPTER 9 PARKS AND PROTECTED AREAS

9.1 ONTARIO PROTECTED AREAS (PROVINCIAL PARKS AND CONSERVATION RESERVES)

Participation in Protected Area Management

9.1.1 This Chapter applies to those Protected Areas that are located in whole or in part within the Settlement Area as listed within Schedule 9.1A.

9.1.2 The Parties agree that the maintenance of Ecological Integrity shall be the first priority in the management of Protected Areas in the Settlement Area.

9.1.3 Ontario will work in partnership with the Algonquins in management planning as set out in 9.1.6 to 9.1.11 for operating and non-operating Protected Areas.

9.1.4 The Final Agreement will provide that the Minister of Natural Resources will appoint at least one person nominated by the Algonquins to the Ontario Parks Board of Directors.

9.1.5 Where any other board is established by the Minister of Natural Resources to address any issues relating to a Protected Area in the Settlement Area, the Algonquins shall be invited to have representation on such board.

9.1.6 The Final Agreement will provide for the following levels of Algonquin and Ontario engagement in Protected Area planning as plans are developed from time to time:

Level 1 Algonquin review and comment on Protected Area Management Plans and Management Statements prepared by Ontario.

Level 2 Algonquin participation, as members of the Protected Area planning teams, in the development and amendment of Protected Area Management Plans and Management Statements.

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Level 3 The Algonquins and the responsible Protected Area Manager, through an Algonquin Planning Committee, will jointly develop, amend and examine Protected Area Management Plans, Management Statements, Secondary Plans, Natural Heritage Education Programs and any other strategic plans for Protected Areas. Should the Algonquins and the responsible Protected Area Manager not be able to reach agreement on issues of concern to the Algonquins, or if a more senior official proposes changes with respect to one of these Plans with which the Algonquins disagree, the Algonquins may make a submission to the Minister. The Minister shall take into account the views and concerns expressed by the Algonquins in resolving the issues of concern.

9.1.7 Ontario will provide notice to the Algonquins of any changes to a Plan that are proposed by a more senior official within the Ministry after the Plan is developed in accordance with 9.1.6.

9.1.8 The Final Agreement will provide that the Algonquin Planning Committee will meet at least once a year, and for a period of 10 years will be funded from the Implementation Plan, following which the Algonquins will be responsible for their own costs of participation. Prior to the Final Agreement, the Parties may develop additional terms of reference for the Committee.

9.1.9 The Algonquins may choose not to participate in a particular planning activity described in 9.1.6 without prejudice to their right to participate in any subsequent planning activities. For greater certainty, where the Algonquins choose not to participate in a particular planning activity, the Responsible Protected Area Manager may proceed without the involvement of the Algonquins.

9.1.10 Unless the Parties agree otherwise, the following Protected Areas are subject to Level 3 of Algonquin participation as set out in 9.1.6:

(a) Alexander Lake Forest Provincial Park;

(b) Algonquin Provincial Park;

(d) Crotch Lake Conservation Reserve and recommended Provincial Park;

(e) Deacon Escarpment Recommended Conservation Reserve;

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(f) Egan Chutes Provincial Park;

(g) Egan Chutes Provincial Park (waterway addition);

(h) Hungry Lake Conservation Reserve;

(i) Lake St. Peter Provincial Park and recommended addition;

(j) Mattawa River Provincial Park;

(k) Ottawa River (Whitewater) Provincial Park;

(l) Petawawa Terrace Provincial Park;

(m) Samuel de Champlain Provincial Park;

(n) Upper Madawaska River Provincial Park;

(o) Upper Ottawa River Recommended Provincial Park; and

(p) Westmeath Provincial Park (Bellows Bay).

9.1.11 For all Protected Areas listed in Schedule 9.1A and not listed in 9.1.10, or for any Protected Area established in the Settlement Area after the Effective Date, the Algonquins and the Director of Ontario Parks will determine the appropriate level of Algonquin participation when the development, amendment or examination of the Management Plans or Management Statements for those Protected Areas occurs. If the Algonquins and the Director of Ontario Parks cannot agree on the appropriate level of participation, the Algonquins may make a submission to the Minister, who will take into account that submission when making a decision on the appropriate level of Algonquin participation.

9.1.12 The Final Agreement will provide that Ontario will Consult with the Algonquins if it proposes to establish a new Protected Area wholly or partially within the Algonquin Settlement Area after the Effective Date.

9.1.13 Prior to the Final Agreement Ontario and the Algonquins will establish the Algonquin Planning Committee and undertake engagement in planning in accordance with Level 3 for Petawawa Terrace Provincial Park and Westmeath (Bellows Bay) Provincial Park. The Committee will address whether the Protected Area Management Plans for Petawawa Terrace Provincial Park and Westmeath (Bellows Bay) Provincial Park should be updated or amended to address the cultural recognition provisions described in section 9.1.19.

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9.1.14 Prior to the Final Agreement Ontario agrees to change the name of Westmeath (Bellows Bay) Provincial Park to a name agreed to by Ontario and the Algonquins.

Access to Protected Areas

9.1.15 The Final Agreement will provide that roads, trails, use of motorized vehicles and other access issues in Protected Areas will be addressed through Protected Area Management Planning processes, which will take into account, in addition to other considerations, the following principles:

(a) a controlled access regime and the maintenance of Ecological Integrity are priorities for Algonquin Provincial Park and other Protected Areas; and

(b) the Algonquin interest in maintaining access to Algonquin Provincial Park and other Protected Areas listed in Schedule 9.1A for Harvesting purposes.

9.1.16 The Algonquins will participate with Ontario and the Algonquin Forestry Authority in the development of Forest Management Plans that address the construction and decommissioning of forestry roads and water crossings in Algonquin Provincial Park.

9.1.17 If the Algonquins and Ontario cannot reach agreement on the decommissioning of roads or other access issues in Algonquin Provincial Park, the Algonquins may make submissions to the Minister of Natural Resources, who shall take into account the views and concerns expressed by the Algonquins in resolving the issues of concern.

Cultural Recognition in Protected Areas

9.1.18 Prior to the Final Agreement, Ontario and the Algonquins will endeavour to reach agreements for the use of a site or sites located within Algonquin Park at Whitefish Lake, Kiosk and Basin Depot, for cultural or ceremonial gatherings and the operation of such site or sites during such gatherings.

9.1.19 Prior to the Final Agreement, Ontario and the Algonquins will endeavour to reach agreements regarding entrance features, including storyboard landscaping reflecting Algonquin culture, and address Algonquin access to and use of Petawawa Terrace Provincial Park and Westmeath (Bellows Bay) Provincial Park for cultural activities.

9.1.20 The Algonquins and Ontario may negotiate agreements for the use of other sites in Algonquin Provincial Park and other Protected Areas for cultural or ceremonial gatherings and the operation of such site or sites during such gatherings.

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9.1.21 Protected Area Management Plans for Algonquin Provincial Park and other Protected Areas shall endeavour to identify a variety of initiatives that recognize Algonquin culture, such as:

(a) partnership projects (e.g. potential canoe route improvements, wildlife corridor enhancement);

(b) Algonquin involvement in cultural heritage inventories, archaeological studies, and native values mapping; and

9.1.22 Prior to the Final Agreement, Ontario and the Algonquins will explore the development of a signature project such as a cultural centre, museum or other tourist destination consistent with Park values, in Algonquin Provincial Park or in another Protected Area subject to any economic or other appropriate feasibility studies.

9.1.23 For greater certainty, any of the proposed projects referred to in 9.1.21 and 9.1.22 will be subject to normal planning and environmental assessment processes applicable to Protected Areas.

Employment and Training in Protected Areas

9.1.24 The Final Agreement will address measures for Ontario to support employment and capacity training for Algonquins in order to help them meet the requirements for jobs within or associated with Protected Areas.

9.1.25 Prior to the Final Agreement, Ontario and the Algonquins will explore the development of an Algonquin steward program to provide ongoing employment opportunities to the Algonquins in Algonquin Provincial Park and other Protected Areas in the Settlement Area, and to aim to enhance cultural recognition and aspects of an Algonquin identity in each Protected Area where the program is delivered.

9.1.26 If Ontario and the Algonquins agree to implement an Algonquin steward program, staffing, job specifications, funding arrangements and other program specifics will be addressed through an agreement between Ontario and the Algonquins before the Final Agreement.

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Additions to Protected Areas

9.1.27 The Final Agreement will establish boundaries for a recommended addition to Lake St. Peter Provincial Park and a recommended Provincial Park (Natural Environment Class) in the area of the Crotch Lake Conservation Reserve for the land identified in Schedule 9.1B, subject to all applicable laws, including the applicable land use planning and environmental assessment processes and the Provincial Parks and Conservation Reserves Act, 2006.

9.1.28 If the recommended Provincial Park in the area of the Crotch Lake Conservation Reserve is created, it will be subject to Level 3 of Algonquin participation as set out in 9.1.6.

De-Regulation and Disposition of Particular Protected Areas

9.1.29 The Final Agreement will provide that Ontario will not seek the approval of the Lieutenant Governor in Council, or the Legislative Assembly, as applicable, to de-regulate any part of the following Protected Areas without the prior written authorization of the Algonquins, such authorization not to be unreasonably withheld: Deacon Escarpment Recommended Conservation Reserve, if regulated as such, Petawawa Terrace Provincial Park, Westmeath Provincial Park, Ottawa River (Whitewater) Provincial Park, Crotch Lake Conservation Reserve and Lake St. Peter Provincial Park, including any future additions thereto.

9.2 NATIONAL PARKS, NATIONAL MARINE CONSERVATION AREAS, MIGRATORY BIRD SANCTUARIES AND NATIONAL WILDLIFE AREAS

Establishment

9.2.1 The Final Agreement will provide that Canada will Consult with the Algonquins in respect of the establishment of any National Park, National Marine Conservation Area, Migratory Bird Sanctuary or National Wildlife Area, within the Settlement Area.

9.2.2 If, after the Effective Date, any National Park or National Marine Conservation Area is established wholly or partly within the Settlement Area, the Algonquins and Canada will negotiate and attempt to reach agreement regarding:

(a) Algonquin participation in planning and management; and

(b) the exercise of Harvesting rights of the Algonquins in that National Park or National Marine Conservation Area.

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Rideau Canal National Historic Site of Canada

9.2.3 Canada will provide Algonquins free access to the Rideau Canal National Historic Site of Canada for boat launching, related parking and lockage. Fees for overnight moorage, camping, and other business fees would continue to apply.

9.2.4 Before the Final Agreement, Canada and the Algonquins will discuss and attempt to reach agreement on the process for Algonquin involvement in management planning related to lands associated with the Rideau Canal National Historic Site of Canada and any other lands administered by Parks Canada within the Settlement Area.

9.2.5 Before the Final Agreement, Canada and the Algonquins will discuss and attempt to reach agreement to allow the Algonquins access to selected lock station sites for the purposes of constructing storyboards and picnic/rest stop facilities subject to mutually acceptable site plan agreements between Parks Canada and the Algonquins.

9.2.6 Before the Final Agreement, Canada and the Algonquins will discuss and attempt to reach agreement with respect to the Harvesting by Algonquins on lands administered by Canada on the Rideau Canal National Historic Site of Canada. This discussion will also discuss the use of shelters and camps for Harvesting on lands administered by Canada on the Rideau Canal National Historic Site of Canada.

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SCHEDULE 9.1A

Operating Parks Non-Operating Parks Algonquin Alexander Lake Forest Bon Echo Alexander Stewart Bonnechere Alfred Bog (Recommended) Driftwood Amable du Fond Fitzroy Barron River Frontenac Bell Bay Lake St. Peter Bissett Creek Murphy’s Point Bonnechere River Rideau River Burnt Lands Samuel de Champlain Carson Lake Sharbot Lake Centennial Lake Silver Lake Egan Chutes Voyageur Egan Chutes (Waterway Class) Foy Property Grant’s Creek Jocko Rivers Lower Madawaska River Conservation Reserves Matawatchan Boom Creek Mattawa River Boulter-Depot Creek Mattawa River Addition Conroys Marsh Opeongo River Constant Creek Swamp and Fen Upper Madawaska River Crotch Lake Petawawa Terrace Deacon Escarpment (Recommended) Ottawa River (Whitewater) Greenbough Esker Westmeath (Bellows Bay) Hawkins Property Upper Ottawa River (Recommended) Hungry Lake Little Mississippi River Mellon Lake Mud Lake/Creek Silver Creek Peatland Snake River Marsh Westmeath Bog White Lake

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SCHEDULE 9.1B

Recommended Addition to Lake St Peter Provincial Park and Recommended Provincial Park (Natural Environment Class) in the area of the Crotch Lake Conservation Reserve is attached at Map “J”.

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CHAPTER 10 HERITAGE AND CULTURE

DEFINITIONS

“Ministry,” as used in this Chapter, means the Ministry of Tourism, Culture and Sport or the Ministry of Consumer Services as applicable.

10.1 GENERAL

10.1.1 Algonquin Heritage Resources represent an important physical manifestation of ancestral and current Algonquin lifeways, traditional values, culture and knowledge for the Algonquins. The Algonquins therefore have an interest in the stewardship and conservation of these resources.

10.1.2 The Parties acknowledge that the Report of the Ipperwash Inquiry released May 30, 2007 has made recommendations regarding burial and heritage sites and that the Ipperwash Inquiry Priorities and Action Committee has established a sub-table to address burial and heritage sites issues based upon those recommendations. The Parties will consider any outcome of the burial and heritage sites sub-table in negotiating the Final Agreement.

10.1.3 The Final Agreement, consistent with 2.7.1, will set out the trigger, nature, scope and processes of Consultation with respect to the subject of Algonquin Heritage Resources.

10.2 STEWARDSHIP AND CONSERVATION OF ALGONQUIN HERITAGE RESOURCES

10.2.1 Prior to the Final Agreement, the Algonquins, Canada and Ontario will discuss issues relating to the Algonquins’ role in the stewardship and conservation of Algonquin Heritage Resources in accordance with this Chapter.

10.3 SHARING OF DATA

10.3.1 Consistent with 2.14 and 10.10, Canada and Ontario will provide appropriate Algonquin Institutions with access to data relating to Algonquin Heritage Resources within Canada’s or Ontario’s respective control or possession.

10.3.2 Access under 10.3.1 will be in accordance with applicable legislative requirements and such data sharing agreements as are reasonably required to address such matters as the preservation of the confidentiality of any information that is not generally available to the public.

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10.4 ARCHAEOLOGICAL FIELDWORK

10.4.1 Prior to the Final Agreement, the Algonquins and Ontario will discuss issues relating to Algonquin interests in Archaeological Fieldwork within the Settlement Area, other than Federal Crown Lands, that arise during processes related to land development and use.

10.4.2 The Algonquins and Ontario acknowledge that any provisions in the Final Agreement concerning Archaeological Fieldwork on lands other than Federal Crown Lands will respect the interests of persons engaged in the development or other use of land within the Settlement Area, and will minimize, to the extent possible, delays or other interference in the processes related to land development or use.

10.4.3 The Final Agreement will provide that individuals carrying out Archaeological Fieldwork or altering an Archaeological Site on Settlement Lands after they have been transferred to an Algonquin Institution must obtain the consent of that Algonquin Institution, while it remains the owner, to carry out that work, in addition to any other authorization that may be required.

10.4.4 For greater certainty, 10.4.3 does not preclude the exercise of statutory powers under the Ontario Heritage Act or the Funeral, Burial and Cremation Services Act, 2002, or regulations made thereunder.

10.5 ARTIFACTS GENERALLY

10.5.1 For greater certainty, 10.5 addresses Artifacts generally other than those more specifically addressed in 10.6, 10.7, 10.8, 10.9, and 10.10.

10.5.2 The Final Agreement will provide that after the Effective Date, the Minister responsible for the Ontario Heritage Act may, after Consultation with the Algonquins, direct that an Artifact of cultural heritage value or interest to the Algonquins, taken from the Settlement Area other than Federal Crown Lands or Federal Collections, be deposited in an Algonquin Repository or other institution as determined by the Minister to be held in trust for the people of Ontario.

10.5.3 Prior to the Final Agreement the Algonquins and Ontario will discuss the process, terms and conditions of the Minister’s direction of the deposit of Artifacts referred to in 10.5.2 and the identification of an appropriate Algonquin Repository or other institution within the meaning of the Ontario Heritage Act.

10.5.4 A Licensed Archaeologist or Ontario may temporarily retain an Artifact in safekeeping until such time as the Minister directs that the Artifact be deposited in an Algonquin Repository or other institution.

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10.6 ALGONQUIN ARTIFACTS LOCATED IN STORAGE FACILITIES OF THE MINISTRY OF TOURISM, CULTURE AND SPORT

10.6.1 Prior to the Final Agreement the Minister responsible for the Ontario Heritage Act will:

(a) provide the Algonquins with an inventory of Artifacts, within the meaning of that Act, from the Settlement Area located in storage facilities of the Ministry; and

(b) enter into discussions with the Algonquins towards an agreement under which the Minister may direct that Artifacts of cultural heritage value or interest to the Algonquins, located in storage facilities of the Ministry, be deposited in an Algonquin Repository or other institution.

10.6.2 For greater certainty, any human remains and any Artifacts associated with the human remains located within the inventory, will be addressed in accordance with the Funeral, Burial and Cremation Services Act, 2002 and any protocol dealing with Burial Sites under 10.8 or any protocol that specifically addresses human remains and any Artifacts associated with the human remains located within storage facilities of the Ministry.

10.7 ALGONQUIN ARTIFACTS IN THE CANADIAN MUSEUM OF CIVILIZATION PERMANENT COLLECTION

10.7.1 The Final Agreement will set out the terms under which the Canadian Museum of Civilization will lend, transfer or share Algonquin Artifacts within its permanent collection to or with Algonquin Institutions.

10.8 HUMAN REMAINS AND ARTIFACTS ASSOCIATED WITH THE HUMAN REMAINS

10.8.1 If, after the Effective Date, Algonquin Human Remains come into the permanent possession of the Canadian Museum of Civilization, the Canadian Museum of Civilization will, at the request of the Algonquins, transfer such Algonquin Human Remains to the Algonquins, in accordance with applicable law and federal policy.

10.8.2 The Royal Ontario Museum has agreed that, prior to the Final Agreement, it will negotiate the transfer to an appropriate Algonquin Repository any Algonquin Human Remains and Artifacts associated with such human remains which have been excavated in the Settlement Area and which are in its possession or which may come into its possession.

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10.8.3 The Final Agreement will provide that the transfer of such Algonquin Human Remains and Artifacts associated with those human remains will take place at a time and place as agreed between the appropriate Algonquin Institution and the relevant museum.

10.8.4 The Final Agreement will provide that the appropriate Algonquin Institution shall have responsibility for and stewardship of such Algonquin Human Remains and Artifacts associated with those human remains as are transferred to the Algonquin Repository pursuant to 10.8.1 or 10.8.2.

10.9 BURIAL SITES

10.9.1 Prior to the Final Agreement, the Algonquins and Ontario will enter into discussions towards a protocol that would apply when a Burial Site is or has been discovered in the Settlement Area, other than on Federal Crown Land, but including on Provincial Crown Land, relating to:

(a) the possibility of notice in addition to any notice under the Funeral, Burial and Cremation Services Act, 2002;

(b) input from the Algonquins to the Registrar of Cemeteries and Crematoriums under the Funeral, Burial and Cremation Services Act, 2002, with respect to determinations of cultural affiliation and ancestry;

(c) the identification of the Algonquin Institution or Person who will act as representative of the human remains of the Burial Site where those remains have been determined to have close cultural affinity with the Algonquins;

(d) the rights and responsibilities of the Algonquins and Ontario with respect to the disposition of the human remains and Artifacts associated with the human remains;

(e) registration of a cemetery within the meaning of the Funeral, Burial and Cremation Services Act, 2002 established in the Settlement Area as a result of a Burial Site;

(f) the closing of an established cemetery within the meaning of the Funeral, Burial and Cremation Services Act, 2002 in the Settlement Area resulting from a Burial Site; and

(g) such other matters as the Algonquins and Ontario may agree.

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10.9.2 Any protocol developed under 10.9.1 will take into account traditional Algonquin burial practices and the principle that the human remains are to be treated with respect, that disturbance of the remains is to be minimized, and that the preference of the Algonquins is that the human remains be reinterred in the place of discovery or in another location selected by the Algonquins.

10.9.3 The Final Agreement may contain one or more provisions based on any protocol negotiated under 10.9.1.

10.10 FEDERAL CROWN LAND

10.10.1 The Final Agreement will provide that with respect to Federal Crown Land in the Settlement Area, at the request of the Algonquins, Canada and the Algonquins will negotiate towards a protocol or protocols with respect to:

(a) procedures when authorising Archaeological Fieldwork that may affect Algonquin rights under the Final Agreement or will affect a known Algonquin Heritage Site;

(b) Algonquin Human Remains, and associated funerary objects, and Algonquin Burial Sites, including how said human humans or associated funerary objects will be dealt with;

(d) Consistent with 2.14.1, Algonquin access to information related to Algonquin Human Remains and associated funerary objects, Algonquin Heritage Sites, and Algonquin Artifacts; and

(e) other matters as the Algonquins and Canada may agree.

10.10.2 In the event of a dispute between Aboriginal groups regarding the subject matter of the protocol or protocols, the Aboriginal groups will resolve the issue between themselves and will provide Canada with written confirmation prior to further negotiation, finalisation and implementation of the protocol or protocols.

10.10.3 A protocol referred to in 10.10.1 is not intended to:

(a) form part of the Final Agreement;

(b) be a treaty or land claim agreement; and

(c) recognize or affirm Aboriginal or treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

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10.11 ALGONQUIN DOCUMENTARY HERITAGE RESOURCES

10.11.1 Prior to the Final Agreement, the Parties will discuss access by the appropriate Algonquin Institutions to Algonquin Documentary Heritage Resources under the custody or control of Canada or Ontario, respectively, including such matters as:

(a) loans of original Algonquin Documentary Heritage Resources for display;

(b) copies of Algonquin Documentary Heritage Resources for research, cultural and study purposes; and

10.12 FUTURE HERITAGE PRESERVATION

10.12.1 Prior to the Final Agreement the Parties will undertake to explore the feasibility and potential benefits of developing comprehensive Algonquin Values Mapping for the Settlement Area, which will include the identification of areas, or potential areas, for Algonquin Heritage Resources.

10.12.2 The Parties acknowledge that comprehensive Algonquin Values Mapping may be subject to the appropriation of resources, and the co-ordination of information, under existing programs and services including but not limited to, native values mapping programs under the Crown Forest Sustainability Act, 1994, and municipal archaeological management plans.

10.12.3 Prior to the Final Agreement, Ontario, Canada and the Algonquins will explore the development of an Algonquin Nation Trail System, which is intended to provide a venue for recognizing and celebrating Algonquin history and culture throughout the Settlement Area and to introduce the general public to Algonquin cultural and historical sites, as well as tourist commercial attractions throughout the Settlement Area.

10.12.4 Canada and Ontario support in principle the Algonquins’ intention to pursue Algonquin language and culturally appropriate place-names and public signage for culturally or historically significant sites, consistent with applicable legislation and policy, and municipal by-laws.

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CHAPTER 11 SELF-GOVERNMENT

11.1 The Final Agreement will address self-government arrangements for the Algonquins of Pikwàkanagàn First Nation, including the Algonquins of Pikwàkanagàn Reserve No. 163.

11.2 For greater certainty, the Final Agreement may provide for self- government arrangements for the Algonquins of Pikwàkanagàn First Nation in agreements or sub-agreements separate from the Final Agreement.

11.3 The Parties acknowledge that the Final Agreement can be concluded only if they agree on self-government arrangements for the Algonquins of Pikwàkanagàn First Nation, including the Algonquins of Pikwàkanagàn Reserve No. 163.

11.4 Except as may be provided with respect to the Algonquins of Pikwàkanagàn First Nation in self-government arrangements, nothing in the Final Agreement will affect any Aboriginal right of self-government that the Algonquins may have, or prevent any future negotiations among the Parties relating to self-government.

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CHAPTER 12 TAXATION

12.1 TRANSFER OF ALGONQUIN CAPITAL

12.1.1 The Final Agreement will provide that a transfer under the Final Agreement of Algonquin Capital and recognition of ownership under the Final Agreement of Algonquin Capital is not taxable.

12.1.2 For federal and Ontario income tax purposes, Algonquin Capital will be deemed to have been acquired by the Algonquins at a cost equal to its fair market value on the latest of:

(a) the Effective Date; and

(b) the date of transfer of ownership or the date of recognition of ownership, as the case may be.

12.2 SPECIFIED ALGONQUIN LANDS

12.2.1 The Algonquins are not subject to property taxation in respect of Specified Algonquin Lands, identified in Schedule 12.2, or interests in Specified Algonquin Lands, on which there are no Improvements.

12.2.2 Where Specified Algonquin Lands are exempt from taxation under 12.2.1, the Algonquins, prior to the Final Agreement will enter into a financial arrangement with the appropriate government authority to cover the cost of services provided by that government authority to Specified Algonquin Lands, which financial arrangement would become effective on the date Specified Algonquin Lands are transferred to the Algonquins.

12.2.3 For the purposes of 12.2.1, an improvement is deemed to be on the land that is necessarily ancillary to the use of the improvement.

12.2.4 For greater certainty, the exemption from taxation in 12.2.1 does not apply to a taxpayer other than the Algonquins nor does it apply with respect to a disposition of Specified Algonquin Lands, or of interests in those lands, by the Algonquins.

12.3 TAX TREATMENT AGREEMENT

12.3.1 The Parties will enter into a tax treatment agreement, which will come into effect on the Effective Date.

12.3.2 The tax treatment agreement will address:

(a) the tax treatment of Algonquin settlement trusts which may be established by the Algonquins and which will not be subject to income tax provided that certain terms and conditions are met;

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(b) the tax treatment of certain transfers of Algonquin Capital between Algonquin Institutions, which will not be taxable provided that certain terms and conditions are met;

(d) other matters agreed to by the parties.

12.3.3 Canada and Ontario will recommend to Parliament and the Legislative Assembly of Ontario, respectively, that the tax treatment agreement be given effect and force of law by federal and provincial legislation.

12.3.4 The tax treatment agreement will not be part of the Final Agreement, will not be a land claim agreement within the meaning of section 35 of the Constitution Act, 1982, and will not create Aboriginal or treaty rights within the meaning of section 35 of the Constitution Act, 1982.

12.4 INDIAN ACT TAX EXEMPTION AND TRANSITIONAL EXEMPTION

12.4.1 Following the conclusion of this Agreement-in-Principle and prior to the conclusion of the Final Agreement, the Parties will negotiate and attempt to reach agreement on transitional measures in respect of the application of section 87 of the Indian Act.

12.4.2 Subject to 12.4.1, section 87 of the Indian Act will have no application to any Beneficiary, Algonquin Institution or Settlement Lands as of the Effective Date.

12.5 OTHER MATTERS

12.5.1 The Final Agreement may address other matters in respect of taxation as may be agreed to by the Parties and may address taxation matters resulting from negotiations, as contemplated by Chapter 11, regarding self-government.

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SCHEDULE 12.2

SPECIFIED ALGONQUIN LANDS

If you are an Algonquin Voter you can book an appointment to see the Descriptive Plans of the Specified Algonquin Lands by contacting your Algonquin Negotiation Representative or the Algonquins of Ontario Consultation Office toll free at 1-855-735-3759 or 613-735-3759 or at the following email address: [email protected].

If you are a member of the public you can book an appointment to see the Descriptive Plans of the Specified Algonquin Lands by contacting the Ontario Information Centre toll free at 1-855-690-7070 or 613-732-8081 or at the following email address: [email protected].

Parcel

91G: indicated on Map “H”

96 I indicated on Map “G”

350 indicated on Map “H”

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CHAPTER 13 DISPUTE RESOLUTION

13.1 GENERAL

13.1.1 For the purpose of this Chapter the “Parties” means those of the Parties involved in a Dispute.

13.1.2 Each Party will use all reasonable efforts to prevent or, alternatively, minimize Disputes with the other Parties.

13.1.3 Where there is a Dispute, the Parties agree to meet and attempt to resolve the Dispute amicably without litigation. The Parties will use all reasonable efforts to resolve the Dispute in:

(a) an expeditious and cost-effective manner; and

(b) a non-adversarial, collaborative and informal atmosphere.

13.2 PROCEDURE

13.2.1 Unless the Parties agree in writing otherwise, the Parties shall use the procedure set out in this Chapter.

13.2.2 If there is a Dispute that cannot be resolved by the Parties within sixty (60) days from the first meeting contemplated in 13.1.3, any Party may invoke this Dispute resolution procedure by giving written notice to the other Party or Parties and designating a representative with appropriate authority to negotiate a resolution of the Dispute.

13.2.3 Upon receipt of the notice referred to in 13.2.2, the Parties shall, within five (5) business days of the receipt of that notice, designate their representative(s) with appropriate authority to negotiate a resolution of the Dispute.

13.2.4 Within ten (10) business days of the designation of representatives, those representatives shall enter into negotiations to attempt to resolve the Dispute.

13.2.5 If within thirty (30) business days after the first meeting of the designated representatives, the Parties have failed to resolve the Dispute or to agree to extend the time for the representatives to resolve the Dispute, the Parties will appoint a mediator, in accordance with this Chapter.

13.3 MEDIATION

13.3.1 The following rules shall apply to a mediation:

(a) the Parties shall jointly select a mediator, if possible;

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(b) if the Parties are unable to agree upon the choice of a mediator, the Parties shall apply to the Court to have a mediator appointed;

(d) each of the Parties shall bear its own costs for its participation in the mediation; and

(e) the Parties shall equally share the costs of the mediator and associated mediation process costs.

13.4 ARBITRATION

13.4.1 If the Parties are unable to resolve the Dispute within sixty (60) business days of the first meeting with the mediator, or within such other time as the Parties may agree upon in writing, the Parties may agree in writing to submit the Dispute to arbitration, including an agreed description of the issues in the Dispute and the jurisdiction of the arbitrator.

13.4.2 Where the Parties agree to submit a Dispute to arbitration, the following rules shall apply unless the Parties otherwise agree in writing:

(a) the Parties shall jointly select an arbitrator, if possible;

(b) if the Parties are unable to agree upon the choice of an arbitrator, the Parties shall apply to the Court to have an arbitrator appointed;

(d) if the Parties cannot agree on the procedure within fifteen (15) business days of the appointment of an arbitrator, the procedure shall be determined by the arbitrator;

(e) the arbitrator shall issue a written decision within thirty (30) business days of the completion of the arbitration hearing and shall provide copies of the written decision to each of the Parties; and

(f) unless otherwise agreed or otherwise ordered by the arbitration decision,

(g) each of the Parties shall bear its own costs for its participation in the arbitration; and

(h) the Parties shall equally share the costs of the arbitrator and associated arbitration process costs.

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13.4.3 The decision of the arbitrator shall be final and binding on the Parties to the arbitration and shall be subject to appeal or review by the Court in accordance with Provincial Law.

13.4.4 For greater certainty, the arbitrator is not a federal board, commission or other tribunal under section 18 of the Federal Courts Act.

13.4.5 Nothing in this Chapter shall preclude a Party or Parties from seeking an injunction or similar relief in the case of urgency or the risk of irreparable harm to a right of a Party or Parties under the Final Agreement.

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CHAPTER 14 IMPLEMENTATION

14.1 SHARED COMMITMENTS

14.1.1 The Parties are committed to implementing the Final Agreement by carrying out their respective obligations and activities under the Final Agreement.

14.1.2 The Parties will, before the initialling of the Final Agreement, develop an Implementation Plan to guide the implementation of the Final Agreement.

14.2 IMPLEMENTATION PLAN

14.2.1 The Implementation Plan will:

(a) identify the obligations of the Parties in the Final Agreement, the costs associated with discharging those obligations, who will pay those costs, the activities to be undertaken to fulfill these obligations, the Party responsible to undertake the identified activities and the timelines including when the activities will be completed;

(b) specify how the Implementation Plan may be amended; and

14.2.2 The Implementation Plan will not:

(a) form part of the Final Agreement;

(b) be a contract among the Parties;

(d) recognize or affirm Aboriginal or treaty rights, within the meaning of sections 25 or 35 of the Constitution Act, 1982;

(e) create legal obligations that are binding on the Parties;

(f) alter any rights or obligations set out in the Final Agreement;

(g) preclude any Party from asserting that rights or obligations exist under the Final Agreement even though they are not referred to in the Implementation Plan; or

(h) be used to limit, expand or interpret the provisions of the Final Agreement.

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14.2.3 The Implementation Plan will have a term of ten (10) years from the Effective Date and may be extended for any additional period as agreed to in writing by the Implementation Committee.

14.2.4 For greater certainty the Implementation Plan will include an agreed upon timetable for the transfer of Settlement Lands to an Algonquin Institution.

14.3 IMPLEMENTATION COMMITTEE

14.3.1 No later than sixty (60) days prior to the Effective Date, the Parties will establish a tripartite Implementation Committee.

14.3.2 The Parties will each appoint one member as their representative to the Implementation Committee, and each member of the Implementation Committee shall report to and take direction from the Parties.

14.3.3 The Implementation Committee will:

(a) monitor the progress and implementation of the Final Agreement, the Tax Treatment Agreement, the Implementation Plan and any other ancillary agreements;

(b) identify any issues or challenges arising from the implementation of the Final Agreement and provide advice and recommendations to the Parties on ways the implementation of the Final Agreement can be improved;

(d) operate for the term of the Implementation Plan, including any extensions to the term of the Implementation Plan as agreed to by the Parties in accordance with 14.2.3 or 14.3.7;

(e) attempt to resolve implementation issues informally to prevent or minimize Disputes prior to invoking Chapter 13;

(f) establish the procedures and rules to govern the Implementation Committee;

(g) meet annually or more often as required;

(h) seek advice or support as required;

(i) establish working groups as appropriate;

(j) make decisions by unanimous agreement;

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(k) amend the Implementation Plan as directed by the Parties;

(l) ensure that annual reports on the implementation of the Final Agreement are prepared and submitted to the Parties; and

(m) address any other matters as directed by the Parties.

14.3.4 The Implementation Committee will submit an annual report starting on the first anniversary of the Effective Date on the activities set out in 14.3.3 and on any other matters as agreed to by the Parties.

14.3.5 The Parties will make the annual reports referred to in 14.3.4 publicly available.

14.3.6 Canada will be responsible for publishing the annual report.

14.3.7 In the 10th year following the Effective Date, the annual report will consider whether the activities set out in the Implementation Plan have been completed and if the Implementation Plan should be extended.

14.4 COSTS OF IMPLEMENTATION COMMITTEE

14.4.1 Ontario and Canada shall be responsible for the costs of the participation of their members on the Implementation Committee.

14.4.2 Ontario and Canada will pay an amount of funding to be agreed for the reasonable costs associated with the Algonquins’ participation in the Implementation Committee.

14.4.3 Any costs associated with the Algonquins’ participation in the Implementation Committee incurred beyond the agreed funding provided under 14.4.2, will be the responsibility of the Algonquins.

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CHAPTER 15 RATIFICATION PROCESS FOR THIS AGREEMENT-IN- PRINCIPLE

15.1 ENTITLEMENT TO BE ENROLLED AS A VOTER

15.1.1 An Applicant is entitled to be registered as an Algonquin Voter in the ratification of this Agreement-in-Principle if that person is eighteen (18) years of age or more on or before February 1, 2013, applies to be registered as an Algonquin Voter, and meets the criteria for eligibility in Chapter 3 except for the exclusion in 3.2.1(b) and, where necessary, has been certified pursuant to 3.1.1 (a)(i) and (ii) and 15.5.

15.2 RATIFICATION OF AGREEMENT-IN-PRINCIPLE

15.2.1 The purpose of the Ratification Vote on this Agreement-in-Principle is to provide an indication of support for this Agreement-in-Principle and negotiations towards the Final Agreement.

15.2.2 The ratification of this Agreement-in-Principle shall have no legal effect and this Agreement-in-Principle, once ratified, shall have no legal status.

15.2.3 A registered Algonquin Voter is eligible to cast a vote pursuant to the rules and procedures established in the Ratification Process Appendix attached as Appendix 15.2.

15.2.4 This Agreement-in-Principle shall be considered to be ratified if a majority of the Algonquin Voters who cast their ballots vote in favour of this Agreement-in-Principle. Failure to ratify this Agreement-in-Principle may result in the termination of negotiations. The Parties shall, in any case, assess the results of the vote to determine the likely success of further negotiations.

15.3 RATIFICATION COMMITTEE

15.3.1 The Parties will establish a Ratification Committee as soon as practicable prior to the Ratification Vote to supervise the implementation and conduct of the ratification process. It shall be composed of two individuals selected by the Algonquins, an individual selected by Ontario, an individual selected by Canada and a chairperson approved by the Parties. Decisions of the Ratification Committee shall be by consensus and failing consensus by majority vote.

15.3.2 No present member or consultant of a negotiating team of one of the Parties in relation to negotiations towards a Final Agreement is eligible to be appointed to the Ratification Committee. Past members or consultants of such negotiation teams are under the same restriction for the five (5) year period immediately prior to the appointment of the Ratification Committee.

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15.3.3 Nothing in 15.3.2 shall preclude a member or consultant of a negotiation team for one or more of the Parties from participating in a general briefing of the Ratification Committee regarding its role.

15.3.4 The Ratification Committee shall be established when all of the appointments to the Ratification Committee have been made.

15.3.5 Once established, the Ratification Committee shall conduct the ratification process pursuant to this Chapter and Appendix 15.2.

15.3.6 As soon as possible, the Ratification Committee shall give public notice of the ratification process.

15.3.7 The Parties may agree in writing to establish an additional period of enrolment in order to provide a reasonable opportunity for all eligible Algonquin Voters to enrol.

15.3.8 Where the Parties have agreed to an additional phase of enrolment pursuant to 15.3.7, all time periods established by this Chapter for enrolment and protests shall apply with necessary changes.

15.4 APPLICATION TO BE ON THE VOTERS LIST

15.4.1 All Applicants must complete and file an application form with the Ratification Committee as set out in the Appendix 15.2.

15.4.2 Applicants must demonstrate on the application form that they meet the Eligibility Criteria as set out in Chapter 3 except for the exclusion in 3.2.1(b).

15.5 ASSESSMENT OF APPLICATIONS

15.5.1 The Ratification Committee shall retain an enrolment officer satisfactory to the Parties to certify the Direct Lineal Descent and membership in an Algonquin Collective criteria pursuant to 3.1.1(a)(i) and (ii). For this purpose the enrolment officer may rely on previous directly applicable work by that enrolment officer, or analysis done by another person who is considered qualified by the enrolment officer, where the enrolment officer has verified that analysis.

15.5.2 In certifying that an Applicant meets the criteria of 3.1.1(a)(ii), the enrolment officer is required to certify the existence of:

(a) one or more Major Life Events of the Applicant or a person in the line of Direct Lineal Descent between the Applicant and an Algonquin Ancestor, or

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(b) other evidence of residence of the Applicant or a person in the line of Direct Lineal Descent between the Applicant and an Algonquin Ancestor in Ontario within the Algonquin Territory after July 15, 1897 and prior to June 15, 1991.

15.5.3 The Ratification Committee shall place the Applicant’s name on a Preliminary Voters List provided the application form meets the requirements referred to in 15.4.2. The Ratification Committee shall rely upon the preliminary list of Algonquin Ancestors and the certification of the enrolment officer in assessing the criteria pursuant to 3.1.1 (a)(i) and (ii).

15.5.4 Where the enrolment officer is unable to certify either of the criteria pursuant to 3.1.1 (a)(i) and (ii) due to his or her inability to evaluate genealogical evidence during the time available, the Applicant shall be notified that he or she cannot be placed on the Preliminary Voters List and his or her application form and supporting information shall be evaluated for purpose other than the ratification of this Agreement-in-Principle after the ratification vote.

15.5.5 Where the Ratification Committee receives an application which asserts that a name is missing from the preliminary list of Algonquin Ancestors, the Ratification Committee shall refer the Applicant to the Algonquin Negotiation Representatives to be addressed pursuant to the terms of the Algonquin Protocol, attached as Schedule 15.5.

15.5.6 The Preliminary Voters List shall indicate either:

(a) the Algonquin Collective with which the Applicant has identified a Cultural or Social Connection, and the Algonquin Ancestor or Ancestors from whom the Applicant has demonstrated Direct Lineal Descent; or

(b) that the Applicant is a member of the Algonquins of Pikwàkanagàn First Nation.

15.5.7 The Ratification Committee shall post the Preliminary Voters List in places and in the manner set out in Appendix 15.2.

15.6 PROTESTS

15.6.1 An Applicant whose name does not appear on the Preliminary Voters List may protest the omission of his or her name from the Preliminary Voters List within thirty (30) days of its posting by providing written reasons for the protest, and any supporting documentation, to the Ratification Committee.

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15.6.2 Any person on the Preliminary Voters List may protest the inclusion or omission of the name of any Applicant on or from the Preliminary Voters List within thirty (30) days of its posting by providing written reasons for the protest, and any supporting documentation, to the Ratification Committee.

15.6.3 The Ratification Committee shall give notice of the protest, including the protester’s reasons and any supporting documentation, to the Parties to the protest and, if the protest relates to the criteria in 3.1.1 (a)(i) and (ii), to the enrolment officer retained under 15.5.1.

15.6.4 The Ratification Committee shall refer all protests, including all relevant information, to the Review Committee.

15.6.5 The Ratification Committee shall prepare, certify and post a Final Voters List within seventy-five (75) days of the posting of the Preliminary Voters List.

15.7 REVIEW COMMITTEE

15.7.1 All protests shall be determined by a Review Committee consisting of no fewer than five (5) persons over the age of eighteen (18), a quorum of which is a panel of three (3).

15.7.2 The Review Committee shall be appointed by the Algonquins after consultation with Canada and Ontario.

15.7.3 The Review Committee shall appoint its chair, whose responsibilities will include striking Review Committee panels.

15.7.4 Where the chair of the Review Committee determines that:

(a) a quorum cannot be struck because three members of the Review Committee cannot be identified who are not members of a community represented by an Algonquin Negotiation Representative from which a protester or person protested is also a member; or

(b) there would be a reasonable apprehension of bias on the part of Algonquins who are members of the Review Committee;

a protest may be dealt with by a single member of the Review Committee where that member is a retired judge of the Superior Court of Ontario or the Federal Court.

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15.7.5 The Review Committee, in considering a protest concerning criteria in 3.1.1 (a)(i) and (ii), shall retain a genealogist, and may retain such other advisers or experts as appropriate other than the enrolment officer referred to in 15.5.1.

15.7.6 No present member or consultant of a negotiating team of one of the Parties in relation to negotiations towards an Algonquin Treaty is eligible to be appointed to or to advise the Review Committee. Past members or consultants of such negotiation teams are under the same restriction for the five (5) year period immediately prior to the appointment of the Ratification Committee.

15.7.7 Nothing in 15.7.6 shall preclude a member or consultant of a negotiation team for one or more of the Parties from participating in a general briefing of the Review Committee regarding its role.

15.7.8 In considering protests, the Review Committee may:

(a) reject a protest if in the opinion of the Review Committee:

i. the person making the protest lacks standing to make a protest;

ii. the protest does not contain grounds that could, if proven, lead to a successful protest, or

iii. the protest is frivolous or vexatious;

(b) determine that further information or evidence is required before the protest can be heard, and so inform the person making the protest;

15.7.9 Where the Review Committee has convened a hearing into a protest, all Parties to the protest, and the enrolment officer retained under 15.5.1, shall be provided an opportunity to make further submissions to respond to objections made to the inclusion or omission of an individual’s name on the Preliminary Voters List. The Review Committee shall not overturn a decision of the Ratification Committee to accept or reject an Applicant approved by the Ratification Committee in the absence of a palpable and overriding error by the Ratification Committee or an Appeal Board that determined that an ancestor of the Applicant was an Algonquin Ancestor, fraud in any application, or new evidence that was not available to the Ratification Committee or the Appeal Board that determined that an ancestor of the Applicant was an Algonquin Ancestor.

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15.7.10 In considering a protest, the Review Committee shall rely on the Eligibility Criteria as set forth in Chapter 3 except for the exclusion in 3.2.1(b). The Review Committee may order the Ratification Committee to delete a name from the preliminary list of Algonquin Ancestors but has no authority to order the addition of a name to such list.

15.7.11 The Review Committee shall consider all protests and shall make a final determination within seventy (70) days of the posting of the Preliminary Voters List.

15.7.12 The decision of the Review Committee respecting protests shall be final and shall be sent, along with written reasons for its decisions, to all Parties to the protest and to the Ratification Committee.

15.7.13 The decision of the Review Committee shall be implemented by the Ratification Committee.

15.7.14 Decisions of the Ratification Committee or of the Review Committee are not determinative for the enrolment of Beneficiaries under Chapter 3 of this Agreement-in-Principle.

15.7.15 Where the Parties have agreed to an additional phase of enrolment pursuant to 15.3.7:

(a) the protest provisions in 15.6 shall apply to all names included on or omitted from the Preliminary Voters List that is posted following the additional phase of enrolment, whether or not that name was included or omitted during the first or second phase of enrolment, unless a previous protest in relation to that name was disposed of by the Review Committee pursuant to 15.7.11, and

(b) any protests that have been made in respect of Algonquin Ancestors following the first phase of enrolment may be adjourned, with the consent of the protester, to be heard following the completion of the second phase of enrolment and during the period established for hearing protests from the second phase of enrolment.

15.8 RULES AND PROCEDURES

15.8.1 The rules and procedures for voting in the ratification of this Agreement-in- Principle are set out in the Appendix 15.2.

15.8.2 The Parties may amend any time period or deadline provided for under this Chapter or Appendix 15.2 by written agreement.

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15.9 COSTS

15.9.1 Ontario and Canada will pay a previously agreed amount of funding for the reasonable costs associated with the ratification process described in this Chapter.

15.9.2 Any cost associated with the ratification process described in this Chapter, beyond the approved funding provided under 15.9.1, will be the responsibility of the Algonquins.

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SCHEDULE 15.5

PROTOCOL FOR CONSIDERATION OF POTENTIAL ADDITIONS TO SCHEDULE OF ALGONQUIN ANCESTORS

1. Where an Applicant seeks to enrol under Chapter 15 of the Agreement-in- Principle on the basis of Direct Lineal Descent from a person who the Applicant believes is an Algonquin Ancestor but who is not on the preliminary list of Algonquin Ancestors, the Applicant will be given an opportunity to make submissions to the Algonquin Negotiation Representatives (“ANRs”) as to why the proposed name should be added to that preliminary list of Algonquin Ancestors.

2. All applications to add a name to the Schedule of Algonquin Ancestors must be supported by one or more historic records or documents that demonstrate that the proposed ancestor meets the definition of Algonquin Ancestor in the Agreement-in-Principle, the relevant portion of which reads:

3. The ANRs shall review the applications, may conduct their own research and shall, unless otherwise agreed by them, engage a researcher to supplement the historic records or documents provided by the Applicant and provide a report on the merits of the application.

4. The ANRs may, in their discretion, convene a hearing to examine the historic records or documents in their possession regarding the Application to add the proposed name to the preliminary list of Algonquin Ancestors, and shall give notice to any persons who in their judgement may be affected by the decision whether or not to add the proposed name to the preliminary list of Algonquin Ancestors.

5. The ANRs shall:

(a) review the Application and all supporting material submitted with the Application;

(b) review any research conducted under paragraph 3;

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(d) reach a conclusion on whether the person from whom the Applicant claims Direct Lineal Descent was or was not an Algonquin Ancestor.

6. Any conclusion on whether the person from whom the Applicant claims Direct Lineal Descent was or was not an Algonquin Ancestor shall be made by a quorum of the ANRs.

7. Any Algonquin Negotiation Representative whose participation in the review of the application under this Protocol may give rise to a reasonable apprehension of bias shall not participate in the review.

8. Where a quorum of the ANRs cannot be struck because of a reasonable apprehension of bias, the ANRs shall refer the Application to a retired judge of the Superior Court of Ontario or the Federal Court.

9. The conclusion of the ANRs or the retired judge, as the case may be, shall be conveyed in writing to the Applicant and to Ontario and Canada, with reasons for that conclusion as soon as practicable.

10. Where information concerning a potential Ancestor comes to the attention of an Algonquin Negotiation Representative, the ANRs can apply the process above with necessary modifications. An Algonquin Negotiation Representative who acts in place of an Applicant shall not be part of the review of the Application.

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CHAPTER 16 RATIFICATION OF THE FINAL AGREEMENT

16.1 GENERAL

16.1.1 The Final Agreement will be submitted to the Parties for consideration of ratification after the chief negotiators for the Algonquins, Ontario and Canada have initialled it.

16.1.2 The Algonquins must ratify the Final Agreement in accordance with this Chapter before it is considered for ratification by Ontario and Canada.

16.1.3 The Final Agreement will be legally binding once it has been ratified by all Parties in accordance with the ratification provisions of the Final Agreement, which shall be based on this Chapter.

16.2 RATIFICATION BY THE ALGONQUINS

16.2.1 Ratification of the Final Agreement by the Algonquins will require:

(a) a successful ratification vote by the Algonquins in accordance with the provisions of the Final Agreement; and

(b) that the Final Agreement be signed by the Algonquin Negotiation Representatives or their successors.

16.3 RATIFICATION BY ONTARIO

16.3.1 Ratification of the Final Agreement by Ontario will require:

(a) that the Final Agreement be signed by the Minister of Aboriginal Affairs; and

(b) the coming into force of the Provincial Implementation Legislation.

16.4 RATIFICATION BY CANADA

16.4.1 Ratification of the Final Agreement by Canada will require:

(a) that the Final Agreement be signed by the Minister of Indian Affairs and Northern Development; and

(b) the coming into force of the Federal Implementation Legislation.

16.5 RATIFICATION COMMITTEE

16.5.1 The Ratification Committee shall supervise the implementation and conduct of the Final Agreement ratification process.

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16.6 FINAL AGREEMENT VOTERS LIST

16.6.1 The Final Agreement will set out the way in which the Ratification Committee shall establish a Preliminary Voters List and a Final Voters List for the Final Agreement ratification process.

16.6.2 The Ratification Committee shall post the Final Agreement Preliminary Voters List in places and in the manner set out in the Ratification Process Appendix.

16.6.3 The Ratification Committee shall prepare, certify and post a Final Agreement Voters List within seventy-five (75) days of the posting of the Final Agreement Preliminary Voters List.

16.7 PROTESTS

16.7.1 The Final Agreement will provide for a process to address protests from enrolment decisions of the Ratification Committee, and will describe the body or person who shall hear such protests.

16.7.2 The Final Agreement shall set out the criteria under which a protest may be made, and shall require, at a minimum, that a person making a protest shall have the right to introduce, and have considered, any record or document referred to in the definition of Algonquin Ancestor, whether or not it was considered by the Appeal Board, Ratification Committee, Review Committee or other such committee or board that has been responsible for the enrolment of Algonquins and the identification of Algonquin Ancestors.

16.8 RULES AND PROCEDURES

16.8.1 The rules and procedures for voting in the ratification of the Final Agreement shall be set out in a Final Agreement ratification process Schedule that is to be developed by the Parties following this Agreement- in-Principle.

16.9 PROCESS FOR ALGONQUIN RATIFICATION VOTE

16.9.1 The Ratification Committee will:

(a) establish rules, consistent with the provisions of this Chapter, for the conduct of the Algonquin ratification vote;

(b) set the date or dates of the Algonquin ratification vote;

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(d) oversee the preparation for and conduct of the Algonquin ratification vote.

16.9.2 The Algonquin ratification vote will be:

(a) by secret ballot; and

(b) held on the date or dates agreed to by the Parties.

16.9.3 The rules governing the Algonquin ratification vote, as set out in the Final Agreement ratification process may provide for advance voting by means other than voting at polling stations.

16.10 INFORMATION CAMPAIGN

16.10.1 The Ratification Committee will prepare and distribute information respecting the application process for Algonquin Voters and the Algonquin ratification vote, including:

(a) the eligibility criteria for Algonquin Voters;

(b) the Algonquin Voter application process;

(d) the date or dates of the Algonquin ratification vote; and

(e) the location of the polling stations.

16.10.2 The Final Agreement will provide for meetings as appropriate to allow the Algonquin negotiation team a reasonable opportunity to review the Final Agreement with Algonquin Voters.

16.10.3 Any Party may undertake information campaigns as part of their respective ratification processes.

16.11 REPORTING

16.11.1 The Ratification Committee will receive and tabulate all ballots from the Algonquin ratification vote and publish the results in locations and by means it considers appropriate, showing:

(a) the total number of ballots cast;

(b) the total number of ballots approving the Final Agreement;

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(d) the total number of ballots spoiled or rejected; and

(e) any other information that may be prescribed by the Final Agreement.

16.11.2 The Ratification Committee will:

(a) retain all documents related to the ballot;

(b) keep a record of all events and decisions related to the Algonquin ratification vote;

(c) prepare and provide to the Parties a written report on the outcome of the vote to ratify the Final Agreement within 30 days of the last day of voting, or such other time as the Parties agree;

(d) make the documentation referred to in (a) and (b) available to the Parties upon request; and

(e) within six (6) months after the completion of the Algonquin ratification vote transfer all the documentation to the National Archives of Canada.

16.11.3 The Parties are entitled to have access to, and to make copies of, the documentation referred to in 16.11.2(b).

16.11.4 The National Archives of Canada will not destroy or dispose of the documentation referred to in 16.11.2(b), in whole or in part, without prior written notice to the Parties.

16.12 COSTS

16.12.1 Ontario and Canada will pay the reasonable costs of the Algonquin enrolment process and the Final Agreement ratification process as agreed by the Parties.

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APPENDIX 3.1

The preliminary list of Algonquin Ancestors will be finalized prior to the Ratification Vote.

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APPENDIX 15.2

PART 1 PURPOSE

1.1 The purpose of this Ratification Process Appendix (“this Appendix”) is to describe the ratification voting rules and procedures Algonquin Voters will use to ratify the Agreement-in-Principle (referred to hereafter as “AIP”).

PART 2 DEFINITIONS

2.1 Any term defined in the AIP has the same meaning in this Appendix, unless otherwise indicated.

2.2 In this Appendix:

“Application Form” means Form 1;

“Ballot” means Form 2;

“Ballot Question” means the question asked of the Algonquin Voters as it appears in Form 2;

“Community” means a community represented by an Algonquin Negotiation Representative;

“Community Ratification Officer” means each of the persons described in section 8 of this Appendix;

“Form” means a form attached to this Appendix;

“Notice of Vote” means Form 3;

“Ratification Committee” means the committee established by section 15.3.1 of Chapter 15 of the AIP;

“Ratification Process” means the process set out in this Appendix;

“Ratification Vote” means a vote by the Algonquin Voters on the Ballot Question according to the Ratification Process;

“Ratification Vote Manager” means the person to be engaged pursuant to section 7 of this Appendix;

“Voters List” means the list of persons entitled to cast a Ballot in the Ratification Vote, containing the names of Algonquin Voters and the additional information required by section 15.5.6 of Chapter 15 of the AIP;

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“Voting Days” means the period of days set by the Ratification Committee for holding all Ratification Votes pursuant to this Appendix, and “Voting Day” means one of the Voting Days; and

“Voting Station” means a location where the Ratification Vote is to take place.

PART 3 INTERPRETATION

3.1 When calculating time, a reference to a number of days between two events is calculated by excluding the day on which the first event happens and including the day on which the second event happens.

3.2 Unless otherwise clear from the context, wherever the singular is used, it will include the plural, and the use of the plural includes the singular, and wherever the masculine is used, it will include the feminine, and the use of the feminine includes the masculine.

3.3 Except as otherwise provided in this Appendix, this Appendix will be interpreted in accordance with the Interpretation Act, R.S.C. 1985, c. I-21, every amendment to it, every regulation made under it and any law enacted in substitution or in replacement of it.

PART 4 RESOLUTION

4.1 After consultation with Ontario and Canada, the Algonquins of Ontario will, in accordance with the Terms of Reference for Algonquin Negotiation Representatives dated September 26, 2005, pass a Resolution to:

(a) order that the Ratification Vote be held in accordance with Chapter 15 of the AIP and this Appendix;

(b) confirm the Voting Days; and

PART 5 NOTICE OF VOTE

5.1 At least sixty (60) days prior to the Voting Day, the Ratification Vote Manager will:

(a) post the Notice of Vote in Form 3 and the Voters List in at least one conspicuous place in each Community and in such other locations where a significant number of Algonquin Voters reside, as he or she may determine; and

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(b) advertise the Notice of Vote and Voters List in such publications and other media outlets in locations where a significant number of Algonquin Voters reside, as he or she may determine.

5.2 A Notice of Vote will contain the following information:

(a) the dates, places and times of the Ratification Vote;

(b) the Ballot Question;

(d) instructions for obtaining a copy of the AIP and the other documents referred to in section 10.1;

(e) the name of the Ratification Vote Manager and his or her contact information;

(f) the dates, times and places for the joint information presentations;

(g) the eligibility requirements to vote;

(h) the procedure to verify that the Algonquin Voter’s name is on the list and the process to correct any typographical errors in the Voters List; and,

(i) information on when and where the votes will be counted.

5.3 At least sixty (60) days prior to the commencement of the Voting Days, the Ratification Vote Manager will mail or deliver the Notice of Vote to all Algonquin Voters for whom an address has been provided.

PART 6 CHANGE OF VOTING DAY

6.1 The Ratification Vote Manager may delay the Voting Day at a Voting Station in a Community by up to ten (10) days if the weather on the Voting Day prevents safe transportation of Algonquin Voters to that Voting Station, or an unforeseen situation arises, which the Ratification Vote Manager considers a reasonable and significant reason to delay the Voting Day.

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6.2 When the Ratification Vote Manager delays the Voting Day under section 6.1 of this Appendix, the Ratification Vote Manager will post a notice of the change in Voting Day in public places, on the website of the Algonquins of Ontario, on a Community website, if the Community has a website, and at the Voting Station where it can be read by Algonquin Voters and, if possible, in one or more newspapers at least four (4) days prior to the replacement Voting Day.

PART 7 RATIFICATION VOTE MANAGER

7.1 The Ratification Committee will as soon as practicable engage a person approved by the Parties to act as the Ratification Vote Manager, who will be responsible for the implementation and conduct of the Ratification Process and in possession of the powers necessary for these functions.

7.2 The Ratification Vote Manager will report to, and take direction from, the Ratification Committee.

PART 8 COMMUNITY RATIFICATION OFFICERS

8.1 The Ratification Committee shall contract Community Ratification Officers with the qualifications set out by the Ratification Committee to assist the Ratification Vote Manager to conduct the Ratification Process in each Community.

8.2 The Ratification Vote Manager will supervise and provide direction to the Community Ratification Officers on the conduct of the Ratification Vote, and may delegate his or her procedural duties to the Community Ratification Officers.

8.3 The Ratification Vote Manager will identify the Community Ratification Officer hired, and the Community and the Voting Station for which he or she is responsible, by completing Form 4 and submitting it to the Parties.

8.4 Every Community Ratification Officer will attend at least one (1) training session to be conducted by the Ratification Vote Manager.

8.5 Each Community Ratification Officer will ensure that orderly voting is maintained at the Voting Station on Voting Day in the Community where they are contracted.

8.6 All Community Ratification Officers will be trained and qualified according to the standards set out, in writing, by the Ratification Committee and will execute their duties in accordance with this Appendix.

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PART 9 RATIFICATION VOTE INFORMATION SESSIONS

9.1 The Ratification Vote Manager will hold at least one (1) information session in each of the Communities, and at such other locations as deemed necessary by the Ratification Vote Manager, not later than thirty (30) days after posting the Notice of Vote to discuss the Ratification Process and to permit the Algonquin negotiation team to provide information to Algonquin Voters regarding the AIP.

9.2 The Ratification Vote Manager and the Community Ratification Officers from that Community or other Communities in that region will attend the information session in that region to answer enquiries about the Ratification Process.

9.3 Representatives of Ontario and Canada may attend the information sessions referred to in section 9.1, and may provide information to Algonquin Voters regarding the AIP, but shall not attend any portion of the information sessions that are subject to solicitor-client privilege.

9.4 Each Community Ratification Officer will hold at least one (1) information session on the Ratification Process in his or her Community at least twenty-one (21) days after posting the Notice of Vote to discuss the Ratification Process.

PART 10 INFORMATIONAL MATERIALS

10.1 The Ratification Committee will take reasonable steps to provide to each of the Algonquin Voters not later than ninety (90) days prior to the commencement of the Voting Day, a copy of each of the following documents:

(a) the AIP;

(b) a plain language summary of the AIP approved by the Parties; and

10.2 The Ratification Committee will take reasonable steps to inform Algonquin Voters about the Ratification Vote in respect of the AIP by publishing such advertisements in news publications as it may deem necessary to ensure that potential Algonquin Voters are reasonably informed about the Ratification Vote, the basis of eligibility to be an Algonquin Voter and other matters related to the Ratification Vote. All advertisements shall be prepared in consultation with the Parties.

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10.3 The Ratification Committee may commission other informational materials to inform Algonquin Voters about the Ratification Vote in respect of the AIP, such as DVDs, newsletters, secure websites, brochures and such other informational materials as the Ratification Committee, in consultation with the Parties, may determine.

PART 11 RATIFICATION PROCESS

11.1 The Ratification Vote at each Voting Station will take place on the Voting Day for that Voting Station that is referred to in the Notice of Vote unless otherwise changed in accordance with Part 6 of this Appendix.

11.2 The Notice of Vote will be sent out in accordance with Part 5 of this Appendix.

PART 12 MAIL-IN BALLOTS

12.1 All Algonquin Voters will be given the option of voting by mail-in ballot, regardless of their place of residence.

12.2 At least thirty (30) days prior to the commencement of the Voting Days, the Ratification Vote Manager will send, by regular mail, a pre-folded Ballot initialled by the Ratification Vote Manager for mail-in, an identification envelope (Form 5), a secrecy envelope, a prepaid return envelope and voting instructions in accordance with section 12.5 of this Appendix to each Algonquin Voter. Each mail-in Ballot shall be colour- coded to identify the Community with whom the Algonquin Voter is affiliated, but shall not otherwise contain any information that would reveal the identity of the Algonquin Voter.

12.3 If an Algonquin Voter has not received a mail-in ballot under section 12.2 or if the original mail-in Ballot is lost or misplaced, the Algonquin Voter may request a mail-in ballot by informing the Ratification Vote Manager by mail, e-mail, telephone, facsimile, or in person no later than seven (7) days prior to the commencement of the Voting Days but in sufficient time to allow the mail-in ballot to be counted at the conclusion of the Voting Days.

12.4 The Ratification Vote Manager will send, by regular mail or, where time is of the essence, by courier, a pre-folded and initialled Ballot for mail-in, an identification envelope (Form 5), a secrecy envelope, a prepaid return regular mail or courier envelope and voting instructions in accordance with section 12.5 of this Appendix to each Algonquin Voter who has requested a mail-in ballot under section 12.2.

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12.5 To cast a mail-in Ballot, an Algonquin Voter must:

(a) mark the Ballot by placing a mark in either the box marked “YES” or in the box marked “NO” or in any manner that clearly indicates the voter’s intention;

(b) enclose and seal the Ballot inside the secrecy envelope;

(d) complete and sign the identification envelope in the presence of a witness;

(e) enclose and seal the identification envelope inside the prepaid regular mail envelope or courier envelope; and

(f) mail or deliver the sealed prepaid return envelope to the Ratification Vote Manager.

12.6 In order to be counted, a mail-in Ballot must be received by the Ratification Vote Manager by the close of voting on Voting Day and any mail-in Ballots received by the Ratification Vote Manager after the close of voting on the last Voting Day will be saved and placed with the rejected mail-in Ballots.

PART 13 VOTING PROCEDURES

13.1 The Ratification Vote Manager will:

(a) ensure that Voting Stations are made available for the Ratification Vote in each Community and in such other locations as the Ratification Committee may, in consultation with the Parties, determine;

(b) personally supervise each Voting Station with the assistance of at least one (1) Community Ratification Officer;

(d) ensure there are sufficient secrecy envelopes, identification envelopes, and return envelopes for mail-in Ballots;

(e) obtain a sufficient number of ballot boxes;

(f) provide for voting booths at each Voting Station so an Algonquin Voter can mark the Ballot free of observation;

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(g) provide a sufficient number of lead pencils, without erasers, for marking the Ballot; and

(h) ensure that larger than normal samples of the Ballot are posted or available for examination by Algonquin Voters at each Voting Station.

13.2 Each Voting Station will be kept open from 9:00 a.m. until 8:00 p.m. on the Voting Day for that Voting Station.

13.3 The Ratification Vote Manager or a Community Ratification Officer will remain at the Voting Stations during all hours that the polls are open.

13.4 On a Voting Day, the Ratification Vote Manager will:

(a) open each ballot box and ask a witness to certify that each ballot box is empty, by completing Form 6, before any Ballots are cast;

(b) properly seal the ballot box and place his signature on the seal in front of the witness, and ask the witness to place his signature on the seal;

(d) furnish each voting booth with appropriate voting instructions designed to prevent the Algonquin Voter from spoiling his Ballot and instructing the Algonquin Voter what to do if he spoils his Ballot; and

(e) execute a Declaration form (Form 7) attesting to the receipt and handling of the ballot boxes and ensure that Form 6 is witnessed.

13.5 All voting will be conducted by secret Ballot only.

13.6 An Algonquin Voter may vote in person by presenting himself or herself at a Voting Station on the Voting Day for that Voting Station and informing the Ratification Vote Manager of that request.

13.7 When a person requests to vote, the Ratification Vote Manager or a Community Ratification Officer will:

(a) ensure that the person is an Algonquin Voter;

(b) check the Voters List to ensure that the person has not already voted;

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(c) provide the Algonquin Voter with an unmarked Ballot on the back of which are affixed the Ratification Vote Manager’s or Community Ratification Officer’s initials so that the initials can be seen when the Ballot is folded; and

(d) put a line through the name of the Algonquin Voter on the Voters List.

13.8 The Ratification Vote Manager or a Community Ratification Officer will explain the method of voting to any Algonquin Voter upon request by that Algonquin Voter.

13.9 An Algonquin Voter may request special assistance from the Ratification Vote Manager or a Community Ratification Officer if that Algonquin Voter declares that he or she:

(a) is not able to read;

(b) is incapacitated by blindness or other physical cause; or

13.10 The Ratification Vote Manager or a Community Ratification Officer will, where considered appropriate by the Ratification Vote Manager or a Community Ratification Officer, provide special assistance to an Algonquin Voter at the Voting Station by marking his or her Ballot, as directed by the Algonquin Voter, either in secret or in the presence of a witness chosen by the Algonquin Voter, and immediately depositing the Ballot into the ballot box.

13.11 When an Algonquin Voter has received special assistance, the Ratification Vote Manager or a Ratification Officer will make an entry on the Voters List opposite the name of the Algonquin Voter indicating the type of special assistance the Algonquin Voter received.

13.12 Except for an Algonquin Voter requiring special assistance, every Algonquin Voter receiving a Ballot at a Voting Station will:

(a) proceed immediately to a designated voting booth;

(b) mark the Ballot by placing a mark either in the box marked “YES” or in the box marked “NO” or in any manner that clearly indicates the voter’s intention;

(c) fold the Ballot to conceal the mark and to expose the initials of the Ratification Vote Manager or a Community Ratification Officer; and

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(d) immediately give the folded Ballot to the Ratification Vote Manager or Community Ratification Officer who shall immediately place the Ballot in the ballot box,

(e) the Ratification Vote Manager or Community Ratification Officer shall put a line through the name of the Algonquin Voter on the Voters List, and

(f) if the Ballot is not returned, the Community Ratification Officer will note that the Ballot was not returned on the Voters List opposite the name of the Algonquin Voter who did not return his or her Ballot.

13.13 At the time set for closing the Voting Station, the Community Ratification Officer will declare the Voting Station closed, and entry will be denied to the Voting Station. Algonquin Voters present inside the Voting Station at the time of closing will be able to cast a Ballot.

Orderly Voting

13.14 The Ratification Vote Manager or Community Ratification Officer will allow only one Algonquin Voter at a time into a voting booth, except for an Algonquin Voter receiving special assistance.

13.15 No person will:

(a) interfere or attempt to interfere with an Algonquin Voter when the person is voting;

(b) obtain or attempt to obtain information at a Polling Station as to how an Algonquin Voter is about to vote or has voted;

(d) mark the secrecy envelope for a mail-in ballot in a way that indicates how the voter has voted on the Ballot.

13.16 The Ratification Vote Manager or Community Ratification Officer will not allow any person, inside or outside the Voting Station, to attempt to influence Algonquin Voters prior to casting their ballot as to how that Algonquin Voter should vote.

Verification and Rejection of Mail-in Ballots

13.17 At the close of voting on the last Voting Day, the Ratification Vote Manager will, in the presence of two (2) witnesses, verify each identification envelope to ensure that the sender is an Algonquin Voter and has not already voted.

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13.18 If the person named on the mail-in ballot is an Algonquin Voter and has not already voted, the Ratification Vote Manager will:

(a) open the secrecy envelope, and without looking at the recorded vote on the Ballot, confirm the authenticity of the Ballot by checking the affixed initials;

(b) if the Ballot is authentic, place a line through the name of the Algonquin Voter on the Voters List to indicate that the Ballot was received by mail; and

13.19 The Ratification Vote Manager will reject a mail-in ballot if:

(a) the person named on the mail-in ballot identification envelope is not an Algonquin Voter;

(b) the person named on the mail-in ballot identification envelope has already been given a Ballot and his or her name has been crossed off the Voters List pursuant to section 13.12;

(c) the information recorded on the identification envelope does not allow the Ratification Vote Manager to identify the Algonquin Voter;

(d) the identification envelope does not include the signature of a witness; or

(e) the Ballot is not authentic.

13.20 Where the Ratification Vote Manager rejects a mail-in ballot under section 13.19 of this Appendix, the Ratification Vote Manager will:

(a) record the date and time the mail-in Ballot was rejected on the Voters List or in the case of ineligible Voters a separate list;

(b) place the rejected mail-in ballot back into the identification envelope; and

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Security and Verification of Ballots

13.21 At the close of voting on each Voting Day, the Ratification Vote Manager will secure the ballot box with a seal that prevents the insertion of any further Ballots into that ballot box, sign the seal and have a witness sign the seal immediately thereafter.

13.22 The Ratification Vote Manager will ensure the security of the Ballots cast at the close of voting on each Voting Day by immediately placing the ballot box under lock and key to which no other person has access until the close of voting on the last Voting Day, or by immediately delivering the ballot boxes to a police service to be guarded by that police service until the close of voting on the last Voting Day.

13.23 Prior to opening the ballot boxes at the close of voting on the last of Voting Day, the Ratification Vote Manager will ensure that the seal referred to in section 13.21 of this Appendix is both intact and contain the signatures of Ratification Vote Manager, any Community Ratification Officers present at the Voting Station and of the witness.

Counting of Results

13.24 The Ratification Vote Manager, in the presence of one or more Community Ratification Officers, any scrutineer appointed by the AOO, a Community, the Government of Canada or the Government of Ontario and two (2) witnesses, will:

(a) open all ballot boxes;

(b) examine all Ballots;

(d) count the number of Ballots marked "YES", the number marked "NO", the number of rejected Ballots, including the rejected mail-in Ballots and the spoiled ballots.

13.25 A spoiled ballot is a ballot that has been handled by an Algonquin Voter in such a manner that it is ruined and cannot be used, or one that is found by the Ratification Vote Manager to be soiled or improperly printed. The spoiled ballot is not placed in the ballot box, but rather is marked as spoiled by the Ratification Vote Manager and set aside.

13.26 A cast Ballot is a valid ballot that has been marked by the Algonquin Voter to indicate that voter’s intention regarding Ballot Question.

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13.27 An unused Ballot is ballot that has not been handled by an Algonquin Voter and remains with the Ratification Vote Manager at the close of the Voting Station. All unused Ballots must be counted and placed in an envelope and sealed.

13.28 A cast Ballot will be rejected if it:

(a) was not marked as either “YES” or “NO” and there is no indication of the Algonquin Voter’s intended vote;

(b) was marked as both “YES” and “NO”;

(d) was torn and any printed words on the Ballot are missing;

(e) was not initialled by the Ratification Vote Manager; or

(f) is a mail-in Ballot received after the close of voting on Voting Day.

PART 14 CERTIFICATION OF RESULTS

14.1 When the mail-in ballots have been counted, the Ratification Vote Manager will execute the Declaration Regarding Mail-in Ballots (Form 8) and provide it to the Ratification Committee.

14.2 When the results of the Ratification Vote have been determined, the Ratification Vote Manager will execute the Certification by Ratification Vote Manager (Form 9) and provide it to the Ratification Committee. The Ratification Committee will immediately inform the negotiators for the Algonquins of Ontario, the Government of Ontario and the Government of Canada of the result of the Ratification Vote.

14.3 The Ratification Vote Manager will post the tabulated results, including the number of votes cast, the number of “YES” votes, the number of “NO” votes in the location in each Community where the Voters List was posted and may publish the tabulated results in such other locations as he or she, or the Ratification Committee, may determine.

14.4 Any tabulated results posted by the Ratification Vote Manager will contain a notice on whether the ratification threshold was achieved and notice that final results on the Ratification Vote of all Algonquins of Ontario will determine whether the Agreement-in-Principle was approved.

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14.5 The Ratification Vote Manager will seal in separate envelopes the spoiled Ballots, rejected Ballots (if applicable), the Ballots cast in favour, the Ballots cast against and the unused ballots. The Ratification Vote Manager, in the presence of two witnesses, will then affix his or her signature to the seals. The Ratification Vote Manager shall retain the Ballots in a secure location under lock and key until directed to destroy the Ballots by the Ratification Committee once any objections have been dealt with.

14.6 The Ratification Committee and the Review Committee will keep all application files confidential, subject to anything to the contrary in the Agreement-in-Principle, and in a secure place and will return or transfer application files and information tendered in any protest proceeding to the Algonquins of Ontario after the final Voters List is posted.

PART 15 PROCEDURAL DISCRETION

15.1 In order to give effect to and carry out the objectives and purpose of the Ratification Vote, the Ratification Vote Manager or the Community Ratification Officers may, if necessary, use discretion, exercised reasonably, as deemed necessary to fulfill the requirements of this Appendix.

15.2 The Ratification Vote Manager or Community Ratification Officers, as appropriate, will state in writing the nature and basis of any such exercise of discretion and make a copy of the statement available to the Ratification Committee.

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Form 1: Application Form

[on following pages]

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FOR INTERNAL USE ONLY - FORM 1: Application to be enrolled as an Algonquin NOT TO BE COMPLETED APPLICATION Voter for the Ratification of the Algonquins BY APPLICANT FORM Access ID Number: of Ontario Agreement-in-Principle

THE DEADLINE FOR SUBMITTING AN APPLICATION FOR ENROLMENT IS APRIL 30, 2012. If your application is not received by that date you will not be eligible to vote on the Algonquin Agreement-in-Principle.

NAME OF APPLICANT:

Last Name First Name Middle Name/Initial Maiden Name

Also Known As Date of Birth (Year/Month/Day)

ADDRESS:

Street/Road # (and/or P.O. Box) Apartment #

City/Town Province/Country Postal Code

Telephone Email Address

I DECLARE THAT to the best of my knowledge that the information contained in this Application Form is accurate.

I AUTHORISE the Enrolment Officer, the Ratification Committee and the Review Committee to use this information and to make any inquiries and undertake any investigation they deem necessary to process this Application, including reviewing information in any existing Algonquin enrolment file.

I AUTHORISE the posting of my name, the fact that I am a member of Pikwàkanagàn First Nation (if applicable), the Algonquin Collective to which I have claimed a Cultural and Social Connection and the Algonquin Ancestor from whom I have demonstrated Direct Lineal Descent in such public places as are required under the Ratification Process for the Algonquin Agreement-in-Principle.

DECLARED AT:

in this day of , 20 . Name of City Province

Witness Signature Applicant’s Signature

Name of Witness (please print)

Address of Witness

Telephone # of Witness Email Address of Witness

FORM 1: APPLICATION FORM 1 of 2

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DECLARATION OF APPLICANT (Check off the boxes that apply to you) :

I , declare that: Name

I identify myself as an Algonquin and wish to be on the Voter’s List for the Ratification Vote of the Algonquin Agreement-in-Principle.

I am a member of the Algonquins of Pikwàkanagàn First Nation. By submitting this Application Form to the Ratification Committee I consent to the Registrar of the Algonquins of Pikwàkanagàn First Nation to verify my membership.

I have a present-day “Cultural or Social Connection” with the following “Algonquin Collective” (please check only one):

Antoine Greater Golden Lake Pikwàkanagàn Whitney and Area Bancroft Mattawa/North Bay Snimikobi Bonnechere Ottawa Shabot Obaadjiwan

Other (identify Algonquin Collective) : .

MEMBERS OF THE ALGONQUINS OF PIKWÀKANAGÀN DO NOT NEED TO COMPLETE THE BALANCE OF THIS FORM

PLEASE CHECK OFF THE BOX OR BOXES THAT APPLY TO YOU:

My “Cultural or Social Connection” to the identified Algonquin Collective is:

I am a full time or part time resident within the geographic area of and participate in its social and cultural life; Name the Algonquin Collective

I regularly visit and maintain my social and cultural connections; Name the Algonquin Collective

I regularly hunt, fish or participate in other harvesting or traditional activities with members of ; Name the Algonquin Collective

I frequently attend social or cultural events or gatherings in ; Name the Algonquin Collective

Other (provide details about your cultural or social connection to the Algonquin Collective using a separate page if necessary):

YOU MUST CHECK OFF ONE OF THE FOLLOWING ITEMS BUT NOT BOTH:

I am NOT a member of another aboriginal group that asserts aboriginal or treaty rights within Algonquin Territory.

I am a member of another aboriginal group that asserts aboriginal or treaty rights within Algonquin Territory.

FORM 1: APPLICATION FORM 2 of 2

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FOR INTERNAL USE ONLY - NOT TO BE COMPLETED BY APPLICANT Access ID Number: CERTIFICATION BY ENROLMENT OFFICER:

For Internal Use Only—Not to be completed by Applicants

I have reviewed the genealogical information provided by the Applicant:

1) I certify that the Applicant has demonstrated Direct Lineal Descent from

a person or persons on the Preliminary Schedule of Algonquin Ancestors.

2) I am unable to certify that the Applicant has demonstrated Direct Lineal Descent from a person on the Preliminary Schedule of Algonquin Ancestors.

3) I certify that the Applicant has demonstrated that the Applicant or a person in the line of Direct Lineal Descent between the Applicant and an Algonquin Ancestor was part of an Algonquin Collective after July 15, 1897 and prior to June 15, 1991.

4) I am unable to certify that the Applicant has demonstrated that the Applicant or a person in the line of Direct Lineal Descent between the Applicant and an Algonquin Ancestor was part of an Algonquin Collective after July 15, 1897 and prior to June 15, 1991.

Signature of Enrolment Officer

CERTIFICATION BY REGISTRAR, ALGONQUINS OF PIKWÀKANAGÀN FIRST NATION

For Internal Use Only—Not to be completed by Applicants

1) I hereby certify that the Applicant is a member of the Algonquins of Pikwàkanagàn First Nation.

2) I hereby certify that the Applicant is not a member of the Algonquins of Pikwàkanagàn First Nation.

Signature of Registrar, Algonquins of Pikwàkanagàn First Nation

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Form 2: Ballot

BALLOT QUESTION

AS AN ALGONQUIN VOTER DO YOU:

Agree to and approve in principle the terms and conditions of the Agreement- in-Principle between the Algonquins of Ontario and the Governments of Ontario and Canada dated the ___ day of ____, 20__ and authorize and direct the Algonquin negotiation team to act on behalf of the Algonquins of Ontario to negotiate the terms of an Algonquin Treaty based on that Agreement-in- Principle?

YES NO

Mark this Ballot by placing a mark (which must be a "x” or other mark) in one of the above boxes.

Do not make any marks on this Ballot which may identify you.

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Form 3: Notice of Vote

Notice to all Algonquin Voters

A vote will be held on ______, 20__ to ______, 20__ [list Voting Days] to ratify the Agreement-in-Principle between the Algonquins of Ontario and the Governments of Ontario and Canada.

The Ballot Question is:

BALLOT QUESTION

AS AN ALGONQUIN VOTER DO YOU:

1. Agree to and approve in principle the terms and conditions of the Agreement-in-Principle between the Algonquins of Ontario and the Governments of Ontario and Canada dated the ___ day of ____, 20__;

2. Authorize and direct the Algonquin negotiation team to act on behalf of the Algonquins of Ontario to negotiate the terms of an Algonquin Treaty based on that Agreement-in-Principle?

All Algonquin Voters as defined in Chapter 15 of the AIP will be eligible to vote. You will be required to produce identification in order to vote in person. To confirm your name is on the Algonquin Voters List or to receive instructions on the process to amend the Algonquin Voters List, contact the Ratification Vote Manager or your Community Ratification Officer at the addresses below.

Voting will take place on the (days) of (month), (year), between the hours of 9:00 a.m. and 8:00 p.m. Voting stations will be located at: (locations).

You are also able to vote by mail-in ballot. In order to receive a mail-in ballot, request a mail-in ballot by mail, fax, phone, or in person from the Ratification Officer at the address below.

The votes will be counted at the (AOO community) Voting Station after the close of polls on the last Voting Day.

A joint information session will be held on (day) of (month), (year) at (location) where representatives from the parties will present information on the Ratification Vote and on the contents of the Agreement-in-Principle. Part of this information session may be subject to solicitor and client privilege.

Preliminary Draft Agreement-in-Principle December 2012 Without Prejudice

You can obtain a copy of the Agreement-in-Principle by contacting the Ratification Officer at the address below.

This notice is given (day) of (month), (year) by (name of First Nation Ratification Officer), Ratification Officer for (AOO community). (Address) (Phone Number) (Fax Number) (E-mail Address)

Preliminary Draft Agreement-in-Principle December 2012 Without Prejudice

Form 4: Appointment of Community Ratification Officer

Appointment of the Community Ratification Officer

To be submitted to the Parties (pursuant to section 8.3)

I hereby identify ______as the Community Ratification Officer for the Community of ______for purposes of the Ratification Vote on the Algonquins of Ontario Agreement-in-Principle pursuant to section 8.3 of Appendix 15.2 to Chapter 15 of that Agreement-in-Principle.

______Signature of Ratification Vote Manager

______Date

To be completed by the Community Ratification Officer:

I, ______, agree to carry out with diligence and honesty my duties as Community Ratification Officer for the Community of ______in accordance with Appendix 15.2 to Chapter 15 of the Algonquins of Ontario Agreement-in-Principle. All of the personal information I collect or discover during the course of my duties will be used only for the purposes of fulfilling my duties and will otherwise be kept in the strictest confidence.

______Signature of Community Ratification Officer

______Date

Preliminary Draft Agreement-in-Principle December 2012 Without Prejudice

Form 5: Mail-in Ballot Identification Envelope

Identification Envelope

This Identification Envelope must be signed by you and a witness who is at least eighteen (18) years old, and either mailed to the Ratification Vote Manager or returned to the Community Ratification Officer in your Community with your completed ballot, or your vote will not be counted.

In the matter of the ratification of the Algonquins of Ontario Agreement-in-Principle,

I, ______(clearly print your full name), solemnly declare that:

a) I am an Algonquin Voter within the meaning of Chapter 15 of the Algonquin Agreement-in-Principle; b) my date of birth is ______; c) my current mailing address is: ______; d) I will be at least eighteen (18) years of age on the last Voting Day; e) I do not know of any reason why I would be disqualified from voting in this Ratification Vote; f) the ballot contained in this envelope contained no voting marks of any kind when I received it; and, g) I marked the ballot, enclosed it in this envelope, and sealed this envelope, or asked someone I trust to help me complete these tasks in accordance with my wishes.

I make this solemn declaration conscientiously believing it to be true and knowing that it has the same force and effect as if made under oath. I understand that it is an offence to make a false statement in this declaration.

______Signature Date

To be completed by witness:

Declared before me, ______(name of witness), at ______(municipality or First Nation), this ______(day) day of ______(month), ____ (year).

______Signature of Witness

______Address of Witness Telephone Number

Preliminary Draft Agreement-in-Principle December 2012 Without Prejudice

Form 6: Witness Declaration at the Opening of a Poll

In the matter of the ratification of the Algonquins of Ontario Agreement-in-Principle at the Community of ______, I, ______, declare that on the _____ day of ______, 20__, at the polling station located at ______, at 9:00 a.m., I did witness that ___ ballot box(es) was/were empty before it/they was/were properly sealed. I am confident that the box(es) cannot be opened without the seals being broken.

______Signature of Witness

______Signature of Ratification Vote Manager

Preliminary Draft Agreement-in-Principle December 2012 Without Prejudice

Form 7: Declaration of Ratification Vote Manager re: Voting Stations

I, ______, Ratification Vote Manager for the Algonquins of Ontario Agreement-in-Principle, declare the following:

The Ratification Vote on the Algonquins of Ontario Agreement-in-Principle was held on the following Voting Days:

Date: ______, 20__ Location ______.

Each Voting Station was open from 9:00 a.m. until at least 8:00 p.m. on each Voting Day.

I remained at each Voting Station during all hours that the polls were open.

I properly sealed the ballot boxes and placed my signature on the seal in front of a witness, and asked the witness to place his signature on the seal.

I kept the ballot boxes in view for the reception of the ballots.

I carried out my duties in accordance with the terms of my employment, any Oath of Office I swore when accepting this position, and in accordance with the terms of Appendix 15.2 to Chapter 15 of the Algonquins of Ontario Agreement-in-Principle.

Signature: ______Ratification Vote Manager

Date: ______

Witness: ______

Name of Witness: ______

Preliminary Draft Agreement-in-Principle December 2012 Without Prejudice

Form 8: Declaration of Ratification Vote Manager regarding Mail-in Ballots

I, ______, Ratification Vote Manager for the Algonquins of Ontario Agreement-in-Principle, declare the following:

a) I considered all mail-in ballots which were received by the close of voting on the last Voting Day for counting. I placed any mail-in ballots received after the close of voting on the last Voting Day with the other rejected mail- in Ballots.

b) I verified each identification envelope to ensure that the voter was an Algonquin Voter and that the Algonquin Voter had fully completed the voter declaration and had it witnessed.

c) I deposited the accepted mail-in ballots in their original unopened secrecy envelopes into the ballot box after the close of voting on the last Voting Day, and deposited the rejected mail-in ballots back into their identification envelope and put them with the other rejected ballots.

A total of ______mail-in ballots were received before the close of voting on the last Voting Day.

They were opened at ____ on ______, 20__.

I accepted ______ballots and rejected ______ballots.

Signature: ______Ratification Vote Manager

Date: ______

Witness: ______

Name of Witness: ______

Preliminary Draft Agreement-in-Principle December 2012 Without Prejudice

Form 9: Certification by Ratification Vote Manager

I, ______, Ratification Vote Manager for the Algonquins of Ontario Agreement-in-Principle, declare the following:

The Ratification Vote was held between ______, 20__ and ______, 20__.

Location of Polling Stations Total Number of Votes Cast

After counting all of the ballots placed in all of the ballot boxes the totals were:

YES: ______NO: ______SPOILED: ______REJECTED: ______

Signature: ______Ratification Vote Manager

Date: ______

Witness: ______

Name of Witness: ______

HALIBURTON COUNTY

PUBLIC LIBRARY www.haliburtonlibrary.ca

Haliburton County Public Library Regular Board Meeting DRAFT MINUTES

A Regular Meeting of the Haliburton County Library Board was held on Wednesday, December 12, 2012 at the Dysart Branch of the Haliburton County Public Library

Board Members: Nancy McLuskey, Chair Cheryl Murdoch, Vice Chair Suzanne Partridge Liz Danielsen Bill Davis Brenda Robinson Brian Cain Reuben Maughan

Staff: Bessie Sullivan, CEO Haliburton County Public Library Sue Robinson, Community Partnerships/Administration Catherine Coles, Branch Services Librarian Jim Wilson, CAO County of Haliburton

Regrets: Warden Carol Moffatt

CALL TO ORDER PRESENTATION OF AGENDA

Motion No. L. 90 2012 Moved by: Bill Davis Seconded by: Suzanne Partridge Be it resolved that the Agenda of the December 12, 2012 - Regular Meeting of the Haliburton County Library Board be approved as presented. CARRIED

DECLARATION OF PECUNIARY INTEREST No pecuniary interests were declared.

ADOPTION OF MINUTES Minutes of the November 14, 2012 - Regular Meeting

Motion No. L. 91 2012 Moved by: Suzanne Partridge Seconded by: Bill Davis Be it resolved that the minutes of the November 14, 2012 - Regular Meeting of the Haliburton County Library Board be adopted as amended. CARRIED

ORIENTATION Media Training - Power Point Presentation

A power point presentation was given on how to interact with the media. Tips were given on how to answer questions fully and what pitfalls to avoid.

CONSENT AGENDA Motion No. L. 92 2012 Moved by: Liz Danielsen Seconded by: Bill Davis Be it resolved that the Haliburton County Library Board receives the December 12, 2012 Consent Agenda for information purposes. CARRIED

Performance Reports - Circulation by Branch - 2011 - 2012 - Website analytics - November 2012 - OverDrive: Circulation Activity by Month

Programmes & Other Activities-Reports - Dorset Branch - Programmes & Other Activities - September, November 2012 - Dysart Branch - Programmes & Other Activities - November 2012 - Gooderham Branch - Programmes & Other Activities - October, 2012 - Minden Hills Branch - Programmes & Other Activities - November 2012 - Stanhope Branch - Programmes & Other Activities - November 2012

COUNTY LIBRARIAN'S REPORT Restructuring the consent agenda was discussed with Catherine Coles, Branch Services Librarian providing a report including branch programming, activities and media activities for the month. This will replace Programmes and Other Activities on the consent agenda.

Motion No. L. 93 2012 Moved by: Suzanne Partridge Seconded by: Liz Danielsen Be it resolved that the Haliburton County Library Board receives the County Librarian's Report for the period ending November 30, 2012 for information purposes. CARRIED

FINANCIAL Expenditure Statement for the period ending November 30, 2012

Motion No. L. 94 2012 Moved by: Brian Cain Seconded by: Liz Danielsen Be it resolved that the Haliburton County Library Board receives the Expenditure Statement for the period ending November 30, 2012 for information purposes. CARRIED

"Pennies for Computers" Campaign

Motion No. L. 95 2012 Moved by: Brian Cain Seconded by: Liz Danielsen Be it resolved that all funds collected in 2012 through the "Pennies for Computer" campaign be transferred to reserves at year end to be used to purchase replacement computers as required. CARRIED

LIBRARY POLICIES GOV - 09 Evaluation of the Chief Executive Officer

Motion No. L. 96 2012 Moved by: Reuben Maughan Seconded by: Brenda Robinson Be it resolved that the Haliburton County Library Board adopt the Evaluation of the Chief Executive Officer Policy as Board policy as amended. CARRIED

GOV - 12 Succession Planning Policy

Motion No. L. 97 2012 Moved by: Reuben Maughan Seconded by: Brian Cain Be it resolved that the Haliburton County Library Board adopt the Succession Planning Policy as Board policy as amended. CARRIED

PRO - 16 Signage Policy

Motion No. L. 98 2012 Moved by: Liz Danielsen Seconded by: Reuben Maughan Be it resolved that the Haliburton County Library Board adopt the Signage Policy as Board policy. CARRIED

OTHER Compiled Board End-of-Year Self-Evaluation The End- of-Year Self-Evaluation form was distributed in the November Board package and tabulated for the December 12, 2012 Board Meeting.

OLA The Library Board had budgeted for attendance at the SuperConference in January. Reuben Maughan and Nancy McLuskey will be representing the Board.

WORKING COMMITTEE REPORTS Friends of the Library - Brenda Robinson The Friends met twice since the last Board meeting. One Director has resigned and the Friends are happy to welcome Jane van Nood to the executive. The Friends donated $2000.00 from the Gala proceeds to the "Pennies for Computer" campaign. Fund raising events are proceeding well. Sixty-four people have bought memberships for 2013 and two for 2014. The Spring Lunch and Learn will be on April 24, 2013. The speaker is Ellie MacNeil. The AGM and Author's Event will be held in the Common Room at the Minden Hills Branch on May 15, 2013. The new executive for 2013 has been elected with Linda Heeps as President, Jane van Nood as Vice President and Robert Heeps as Treasurer. The position of Secretary is vacant. The next meeting will by held April 15, 2013.

Strategic Planning Committee - Nancy McLuskey

The Strategic Plan is progressing well. The Board will meet in February to review the draft plan.

Policy Committee - Nancy McLuskey

The Policy Committee is on track for 2013 completion.

Finance Committee - Brian Cain

The Finance Committee met December 3, 2012. It was reported that the draft budget is underway, keeping within the recommended guidelines. Staff training, computer upgrades and Health and Safety costs are being kept in mind. The amount necessary for assuming CAP costs will be added into the 2013 Budget. A draft 2013 budget shall be available in January.

NEXT MEETING DATE The next meeting will be January 9, 2013 at the Dysart Branch at 4:00pm.

ADJOURNMENT

Motion No. L. 99 2012 Moved by: Liz Danielsen Seconded by: Brian Cain Be it resolved that the Haliburton County Library Board meeting of December 12, 2012 now adjourn. CARRIED

The meeting adjourned at 4:55pm.

Nancy McLuskey, Chair

HALIBURTON COUNTY

PUBLIC LIBRARY www.haliburtonlibrary.ca

Haliburton County Public Library Regular Board Meeting DRAFT MINUTES

A Regular Meeting of the Haliburton County Library Board was held on Wednesday January 9, 2013 at the Dysart Branch of the Haliburton County Public Library

Board Members:

Nancy McLuskey, Chair Cheryl Murdoch, Vice Chair Suzanne Partridge Liz Danielsen Brenda Robinson Brian Cain Reuben Maughan

Staff:

Bessie Sullivan, CEO Haliburton County Public Library Sue Robinson, Community Partnerships/Administration Catherine Coles, Branch Services Librarian

Regrets:

Warden Carol Moffatt Bill Davis

Staff Regrets:

Jim Wilson, CAO County of Haliburton

CALL TO ORDER The January 9, 2013 meeting of the Haliburton County Library Board was called to order at 4:06pm by Bessie Sullivan.

APPOINTMENT OF LIBRARY BOARD CHAIR

Motion No. L. 1 2013 Moved by: Liz Danielsen Seconded by: Cheryl Murdoch Be it resolved that Nancy McLuskey be appointed as Chair of the Haliburton County Library Board. CARRIED

Motion No. L 2 2013 Moved by: Suzanne Partridge Seconded by: Brenda Robinson Be it resolved that nominations for the Haliburton County Library Board Chair are now closed. CARRIED

APPOINTMENT OF LIBRARY BOARD VICE CHAIR

Motion No. L 3 2013 Moved by: Nancy McLuskey Seconded by: Reuben Maughan Be it resolved that Cheryl Murdoch be appointed as Vice Chair of the Haliburton County Library Board. CARRIED

Motion No. L 4 2013 Moved by: Brenda Robinson Seconded by: Brian Cain Be it resolved that nominations for the Haliburton County library Board Vice Chair are now closed. CARRIED

Nancy McLuskey assumed the seat as board chair.

PRESENTATION OF AGENDA

Motion No. L 5 2013 Moved by: Suzanne Partridge Seconded by: Liz Danielsen Be it resolved that the Agenda of the January 9, 2013 - Regular meeting of the Haliburton County Library Board be approved as presented. CARRIED

DECLARATION OF PECUNIARY INTEREST No pecuniary interests were declared.

ADOPTION OF MINUTES Minutes of the December 12, 2012 - Regular Meeting

Motion No. L 6 2013 Moved by: Brenda Robinson Seconded by: Brian Cain

Be it resolved that the minutes of the December 12, 2012 - Regular Meeting of the Haliburton County Library Board be adopted as amended. CARRIED

ORIENTATION Overview of Social Media - Catherine Coles

CONSENT AGENDA Performance Reports - Circulation by Branch - 2011 - 2012 - Website analytics - December 2012 - OverDrive: Circulation Activity by Month

Programmes & Other Activities - Reports - Dorset Branch - Programmes & Other Activities - December 2012 - Dysart Branch - Programmes & Other Activities - December 2012 - Gooderham Branch - Programmes & Other Activities - November 2012 - Minden Hills Branch - Programmes & Other Activities - December 2012 - Wilberforce Branch - Programmes & Other Activities - December 2012

Motion No. L 7 2013 Moved by: Reuben Maughan Seconded by: Suzanne Partridge Be it resolved that the Haliburton County Library Board receives the consent agenda for information purposes. CARRIED

COUNTY LIBRARIAN'S REPORT Changes to media coverage were explained. The library has discontinued the column in Bancroft This Week due to increased coverage of libraries and events in the Bancroft area.

Motion No. L 8 2013 Moved by: Suzanne Partridge Seconded by: Brenda Robinson Be it resolved that the Haliburton County Library Board receives the County Librarian's Report for the period ending December 31, 2012 for information purposes. CARRIED

FINANCIAL Expenditure Statement for the period ending December 31, 2012

Motion No. L 9 2013 Moved by: Brian Cain Seconded by: Suzanne Partridge Be it resolved that the Haliburton County Library Board receives the Expenditure Statement for the period ending December 31, 2012 for information purposes. CARRIED

Draft 2013 Budget

Motion No. L 10 2013 Moved by: Brian Cain Seconded by: Liz Danielsen Be it resolved that the Haliburton County Library Board accept the Draft 2013 Budget as presented and recommend that it be presented to County Council. CARRIED

LIBRARY POLICIES GOV - 13 Delegation of Authority to the CEO

Motion No. L 11 2013 Moved by: Suzanne Partridge Seconded by: Brenda Robinson Be it resolved that the Haliburton County Library Board adopt the Delegation of Authority to the CEO policy as Board policy as amended. CARRIED

OP - 01 Meeting the Requirements of the AODA Regulations

Motion No. L 12 2013 Moved by: Suzanne Partridge Seconded by: Liz Danielsen Be it resolved that the Haliburton County Library Board adopt the Meeting the Requirements of the AODA Regulations policy as Board policy as amended. CARRIED

OP - 04 Accessible Customer Service

Motion No. L 13 2013 Moved by: Cheryl Murdoch Seconded by: Suzanne Partridge Be it resolved that the Haliburton County Library Board adopt the Accessible Customer Service Policy as Board policy. CARRIED

OTHER Annual Plan

The Board will consider items to be included in the Board Training Plan and Board Advocacy Plan and report back with suggestions.

WORKING COMMITTEE REPORTS Friends of the Library - Brenda Robinson The Friends of the Library will meet in April.

Wilberforce Branch update - Suzanne Partridge A concept design for the Wilberforce Branch was presented to Highlands East Council January 8th. A sustainable building committee and a fundraising committee have been created.

The Wilberforce Public School has began working towards their students performing at the opening of the new library.

NEXT MEETING DATE The next meeting will be February 13, 2013 at 4:00pm at the Dysart Branch.

ADJOURNMENT

Motion No. L 14 2013 Moved by: Suzanne Partridge Seconded by: Cheryl Murdoch Be it resolved that the Haliburton County Library Board meeting of January 9, 2013 now adjourn. CARRIED

The meeting adjourned at 5:50pm.

Nancy McLuskey, Chair

Warden Carol Moffatt County of Haliburton P.O. Box 399 – 11 Newcastle Street Jane M. Tousaw, CMO Minden, Ontario K0M 2K0 Director of Planning [email protected] 705-286-1333 phone 705-286-4829 fax

To: Warden Moffatt and Members of Haliburton County Council

From: Jane Tousaw, Director of Planning

Re: Land Division Activity Report

Date: January 23, 2013

Recommendation: That the January 23, 2013 staff report on Land Division Activity be received for information by Haliburton County Council.

Background: The Land Division Committee makes decisions on Applications for Consent submitted to the County of Haliburton under Section 53 of the Planning Act. Attached as Schedule “A” to this report, is a list of decisions made by the Land Division Committee for the meetings of December 10, 2012 and January 14, 2013.

A summary of the Severance Activity to December 31, 2012 is attached as Schedule “B”.

Financial: None

Reviewed by: Jim Wilson, CAO

Attachments: List of Decisions Activity Report

SCHEDULE “A”

LAND DIVISION COMMITTEE DECISIONS FOR MEETING OF DECEMBER 10, 2012

TOWNSHIP OF ALGONQUIN HIGHLANDS FILE NO. OWNER LOT & CONCESSION TOWNSHIP PURPOSE DECISION H-043/12 Gordon & Patricia SMITH Pt. Lots 8 & 9, Concession 7 Stanhope New Lot GRANTED H-044/12 Gordon & Patricia SMITH Pt. Lots 8 & 9, Concession 7 Stanhope Lot Addition GRANTED H-044/12 Gordon & Patricia SMITH Pt. Lots 8 & 9, Concession 7 Stanhope New Lot GRANTED H-051/12 Elwood & Pat LIMEBEER Pt. Lots 19 & 20, Concession 3 Stanhope Right-of-way GRANTED

MUNICIPALITY OF DYSART ET AL FILE NO. OWNER LOT & CONCESSION TOWNSHIP PURPOSE DECISION H-042/12 HARCOURT PARK INC. Pt. Lot 12, Concession 5 Harcourt Lease GRANTED H-046/12 Sandra BISHOP Pt. Lot 16, Concession 9 Dysart New Lot GRANTED H-047/12 Sandra BISHOP Pt. Lot 16, Concession 9 Dysart New Lot GRANTED H-048/12 Sandra BISHOP Pt. Lot 16, Concession 9 Dysart New Lot GRANTED H-049/12 Scott LARUE Pt. Lot 13, Concession 9 Dysart New Lot GRANTED H-050/12 Scott LARUE Pt. Lot 13, Concession 9 Dysart New Lot GRANTED

TOWNSHIP OF MINDEN HILLS FILE NO. OWNER LOT & CONCESSION TOWNSHIP PURPOSE DECISION H-006/12 Alan CLARK & Marcia MANDEL Pt. Lots 19 & 20, Concession 12 Lutterworth New Lot GRANTED

LAND DIVISION COMMITTEE DECISIONS FOR MEETING OF JANUARY 14, 2013

MUNICIPALITY OF HIGHLANDS EAST FILE NO. OWNER LOT & CONCESSION TOWNSHIP PURPOSE DECISION H-062/12 Donald G. GROUND Pt. Lot 31, Concession 8 Cardiff Right-of-Way GRANTED

SCHEDULE “B”

LAND DIVISION SEVERANCE ACTIVITY TO DECEMBER 31, 2012

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 ANNUAL TOTALS No. of Severances 116 117 150 215 171 157 132 107 102 114 133 76 79 YEAR-TO-DATE COMPARISONS New Applications Received – 14 3 6 3 5 18 0 4 4 7 December New applications Received 116 117 150 215 171 157 132 107 102 114 133 76 79 Applications Pending 83 78 62 48 55 54 53 33 36 Decision Applications with Decisions 158 170 149 112 93 129 140 78 76 Applications Denied 12 3 20 10 8 0 5 3 1 Applications Granted 146 167 129 102 85 129 135 75 75 New Lots 90 91 59 53 42 51 58 30 30 Lot Additions 33 34 31 23 16 31 32 9 29 Leases 1 4 3 0 3 4 5 0 3 Right-of-way/easement 22 36 35 24 23 42 39 36 13 Technical Severances 2 0 0 1 0 0 0 0 Correction of Title 0 1 1 0 1 1 0 0 Relinquish Right-of-way 1 0 0 1 0 0 0 0 0 Validation of Title 0 1 0 0 0 0 2

County of Haliburton - County Council FEBRUARY 2013

MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 Planning Meeting -10:00 am Municipal Day Wilberforce - 9:00 am

4 5 6 7 8 KLHHC - 9:30 am Lindsay Road Committee EMS Committee Tourism Committee Finance Committee

Times TBD 11 12 13 14 15 LD Committee 7:00 - Highlands East Council Minden Hills - Committee of 9:00pm 9:00 am the Whole - 9:00 am

18 19 20 21 22 Family Day County Council - 9:00 am Algonquin Highlands Office Closed Council - 9:00 am

25 26 27 28 ROMA/OGRA Conference ROMA/OGRA Conference ROMA/OGRA Conference Minden Hills Council 9:00 am

NOTES: Haliburton County Construction Industry Stakeholder Consultation Project

On December 13, 2012, the following members from each of the 4 lower tier Councils met to discuss how the lower tiers could work together to stimulate economic development in non-tourism industries in the County:

County Warden and Reeve Carol Moffatt -Algonquin Highlands Reeve Murray Fearrey-Dysart et al Reeve Barb Reid -Minden Hills Deputy Reeve Liz Danielsen - Algonquin Highlands Councillor Andrea Roberts - Dysart Councillor Cec Ryall - Highlands East Councillor Larry Clarke - Minden Hills

Tourism is our largest industry and is already a priority at the County level (and at the lower tiers through the promotion of local events). Construction is our second largest industry and has several challenges including: a) lack of skilled trades people in the County means developers/builders need to source people outside the County, especially in certain areas like drywallers b) reputation for quality is inconsistent in the industry which results in homeowners and businesses outsourcing construction.

The group concluded that an action plan is needed and that industry stakeholders should drive the development of that action plan.

We agreed to take the lead in organizing an industry stakeholder meeting. We also agreed that the invitation to attend the meeting should come jointly from the County of Haliburton and Haliburton County Home Builders Association.

The purpose of the stakeholder meeting is to:

identify and agree on all significant industry issues and opportunities identify potential solutions formulate an action plan (to be implemented by the stakeholders)

We recommend a 3 hour session taking place on a Friday afternoon in March in Haliburton (the most central location) which will allows sufficient time to make arrangements and advertise. The following dates are recommended:

March 1, 8 or 22 (March 15 is school break week and March 29 is Good Friday).

- 2 -

Invitations will be extended to all industry stakeholders including developers, builders, suppliers, related associations (including the Haliburton Chamber of Commerce, Haliburton County Development Corporation, and Fleming College Employment Ontario), Chief Building and By-Law officers from each of the lower tier municipalities, members of County Council and lower tier councillors on Economic Development Committees.

Advertisements should be placed in local media. Additional outreach suggestions should be sought from the Haliburton Home Builders Association and municipal building staff.

It is anticipated a modest budget is required for this initiative (and these are very rough guesstimates):

Venue - Haliburton Legion Murray offered to investigate Donated? Facilitator & Materials Needs to be tendered? $1,500 Coffee/Tea/Snacks 200 Advertising $200 per ad x 3 publications x 1,200* 2 insertions Total $2,900

*It may be that the need to advertise can be reduced or eliminated if the Home Builders Association membership is sufficiently high to cover 90%+ of the target audience. Perhaps CBO's can assist by identifying contractors who they've worked with over the past year or two.

Next Steps:

circulate backgrounder to group for input Barb Discuss with County CAO Carol Discuss idea with Home Builders President Don Koppin Murray Put on County Council Agenda for January 23rd Carol/Jim

CORPORATION OF THE COUNTY OF HALIBURTON BY-LAW NO. 3533

BEING A BY-LAW TO CHANGE THE APPOINTMENT OF MEMBERS OF COUNCIL TO BOARDS AND COMMITEES

WHEREAS Section 8 of the Municipal Act, 2001, S.0.2001, c.25 as amended, states that the municipality has the capacity, rights, powers and privileges of a natural person for the purposes of exercising its authority; and

WHEREAS Section 5 of the Municipal Act, R.S.O 2001, c. 25 as amended states that the powers of the municipal council shall be exercised by bylaw, unless the municipality is specifically authorized to do otherwise; and

WHEREAS it is deemed necessary to amend County of Haliburton Bylaw No. 3387 appointing members of County Council to Boards, Commissions and Committees.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF HALIBURTON ENACTS AS FOLLOWS:

1. That Councillor Dave Burton is appointed to the City of Kawartha Lakes/County of Haliburton Joint Social and Housing Services Advisory Committee in place of Warden Carol Moffatt for the term December 12, 2012 to November 30, 2014.

2. That Councillor Murray Fearrey is appointed to the Point in Time Centre for Children, Youth and Parents Board in place of Councillor Dave Burton for the term December 12, 2012 to November 30, 2014.

3. That the above comes into force and effect on December 12, 2012

READ a first, second and third time, and finally approved this 23rd day of January 2013.

______Carol Moffatt Warden

______Jim Wilson, CAO/County Clerk THE CORPORATION OF THE COUNTY OF HALIBURTON

BY-LAW NUMBER 3534

BEING A BY-LAW TO APPOINT AN AREA WEED INSPECTOR FOR THE 2013 CALENDAR YEAR IN ACCORDANCE WITH THE REQUIREMENTS OF THE WEED CONTROL ACT, R.S.O. 1990, CHAPTER W.5.

WHEREAS, the Weed Control Act, R.S.O. 1990, requires the Council of every county, district municipality and regional municipality to appoint one or more persons by by-law as area weed inspectors;

AND WHEREAS, the Council determines that it is necessary and expedient to have the County Forestry Bylaw Enforcement Officer oversee any duties and responsibilities associated with weed inspections;

NOW THEREFORE BE IT ENACTED

1. THAT, James Rogers of Kestrel Forestry Consulting be appointed as an area weed inspector for purposes of fulfilling the duties and responsibilities of the Weed Control Act.

2. This by-law will be in force and effect upon receiving three readings and the seal affixed.

READ a First, Second and Third time, passed, signed and the Corporate Seal attached this 23rd day of January 2013.

______Carol Moffatt Warden

______Jim Wilson CAO/County Clerk

THE CORPORATION OF THE COUNTY OF HALIBURTON

BY-LAW NUMBER 3535

BEING A BY-LAW TO APPOINT A HEAD OF THE INSTITUTION FOR THE PURPOSES OF THE MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF RIVACY ACT

WHEREAS, Section 3(1) of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 authorizes members of a municipal council to designate by bylaw from among themselves an individual or a committee of Council to act as Head of the Municipality for the purposes of this Act; and

WHEREAS, Section 23.1 of the Municipal Act, S.O. 2001, as amended authorizes a Municipality to delegate its powers and duties; and

WHEREAS, Section 23.3 (2) of the Municipal Act, S.O. 2001 as amended authorizes a municipality to delegate its administrative powers.

NOW THEREFORE the Council of the Corporation of the County of Haliburton hereby enacts as follows:

1. That the County Clerk be delegated to act as the Head of the Institution for the purposes of the Municipal Freedom of Information and Protection of Privacy Act.

2. This by-law will be in force and effect upon receiving three readings and the seal affixed.

READ a First, Second and Third time, passed, signed and the Corporate Seal attached this 23rd day of January 2013.

______Carol Moffatt Warden

______Jim Wilson CAO/County Clerk

CORPORATION OF THE COUNTY OF HALIBURTON

BY-LAW NO 3536

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH MELANIE LEWIS

WHEREAS Section 8 of the Municipal Act, R.S.O. 2001, as amended, hereinafter referred to as the Act, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and

WHEREAS the Corporation of the County of Haliburton is desirous to enter into an agreement with Melanie Lewis for the purposes of operating a gravel pit on lands described as Part of Lots 23 & 24, Concession 8, Geographic Township of Harcourt, now in the Municipality of Dysart et al and further described as Part 1 on RP19R6343; and

WHEREAS it is necessary to execute an agreement to clarify legal obligations, responsibilities and expectations of both parties.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF HALIBURTON ENACTS AS FOLLOWS:

1. That the Warden and the Clerk be authorized to sign the Agreement between Melanie Lewis and the Corporation of the County of Haliburton attached hereto as Schedule “A” of this Bylaw.

READ a first, second and third time, and finally approved this 23rd day of January 2013.

______Carol Moffatt Warden

______Jim Wilson, CAO/County Clerk CORPORATION OF THE COUNTY OF HALIBURTON

BY-LAW NO. 3537