BOARD OF DIRECTORS MEETING
Friday, March 12, 2021 Meeting to be Held Electronically
MEMBERS
K. (Karen) Ras (Chair) T. (Tom) Adams (Vice Chair) J. (John) Brennan S. (Stephen) Dasko J. (Johanna) Downey A. (Ann) Lawlor M. (Matt) Mahoney M. (Martin) Medeiros M. (Michael) Palleschi G. (Grant) Peters R. (Ron) Starr J. (John) Stirk
Pages
1. APPROVAL OF AGENDA
Recommended Resolution: RESOLVED THAT the agenda be approved as distributed.
2. DECLARATION OF CONFLICT OF INTEREST
3. MINUTES OF PREVIOUS MEETING
Recommended Resolution: RESOLVED THAT the minutes of the 555th meeting of Credit Valley Conservation Authority held February 19, 2021 be approved.
4. PRESENTATION / DELEGATION
4.1. PRESENTATION: HEALTHY FARMER RELATIONSHIPS FOR A HEALTHY WATERSHED
Tyler Slaght, Regulations Officer, Planning and Development; and Mark Eastman, Sr. Coordinator, Agricultural Outreach will give a presentation to members on the above-mentioned subject. 2
Recommended Resolution: RESOLVED THAT the presentation entitled "Healthy Farmer Relationships for a Healthy Watershed' presented by Tyler Slaght, Regulations Officer, Planning and Development; and Mark Eastman, Sr. Coordinator, Agricultural Outreach be received.
5. BUSINESS ARISING FROM MINUTES
6. NEW BUSINESS STAFF REPORTS
6.1. DEVELOPMENT, INTERFERENCE WITH WETLANDS, AND ALTERATIONS 6 TO SHORELINES & WATERCOURSE APPLICATIONS
Attached as Schedule 'A' are Development, Interference with Wetlands, and Alterations to Shorelines and Watercourse applications, pursuant to Ontario Regulation 160/06, as approved by staff and presented for members' information.
Recommended Resolution: RESOLVED THAT the Development, Interference with Wetlands and Alterations to Shorelines and Watercourse applications, pursuant to Ontario Regulation 160/06, as approved by staff, be received and appended to the minutes of this meeting as Schedule 'A'; and further
THAT the staff approvals for each be endorsed.
6.2. 2020 PARCS (PROPERTY, ASSETS, RECREATION AND CONSERVATION 9 AREA SERVICES) UPDATE
A report on the above-mentioned subject as submitted by Terri LeRoux, Sr. Manager, PARCS; and Jeff Payne, Deputy CAO and Director, Corporate Services is included in the agenda package as Schedule 'B'.
Recommended Resolution: RESOLVED THAT the report entitled “2020 Conservation Area Update” be received and appended to the minutes of this meeting as Schedule ‘B’.
6.3. 2020 PURCHASING UPDATE 28
A report on the above-mentioned subject as submitted by Roger Tharakan, Sr. Manager, Financial Services; and Jeff Payne, Deputy CAO and Director, Corporate Services is included in the agenda package as Schedule 'C'.
Recommended Resolution: RESOLVED THAT the report entitled, “2020 Purchasing Update” be received and appended to the minutes of this meeting as Schedule ‘C’; and further
THAT staff continue to monitor procurement activities and provide status updates to the CVC Board of Directors annually 3
6.4. 2021 CVC PROVINCIAL OFFENCES OFFICERS ROSTER 33
A report on the above-mentioned subject as submitted by Terri LeRoux, Sr. Manager, PARCS; Bill Lidster, Manager, Conservation Parks; Josh Campbell, Director, Planning and Development; and Jeff Payne, Deputy CAO and Director, Corporate Services is included in the agenda package as Schedule 'D'.
Recommended Resolution: RESOLVED THAT the report entitled “2021 CVC Provincial Offences Officer Roster” be received and appended to the minutes of this meeting as Schedule ‘D’; and
THAT the CVC Board of Directors approves the following Provincial Offences Officers roster:
Eric James, Jakub Kilis, and Tyler Slaght be (re)affirmed as designated Provincial Offences Officers permitted to enforce Section 28 under the Conservation Authorities Act and the Provincial Offences Act; and
Adam Slessor, Brian Kristy, Charlie Brady, Bill Lidster, Eric Mailloux, Evan Orme, David Orr, David Riseborough and Yasmine Slater be (re)affirmed as designated Provincial Offences Officers permitted to enforce Section 29 under the Conservation Authorities Act, Provincial Offences Act and the Trespass to Property Act; and further
THAT the CVC Board of Directors approves the following Provincial Offences Officers roster update:
Liam Marray and David Porter be removed as a designated CVC Provincial Offences Officer as they are no longer employed by CVC.
6.5. INDIGENOUS ENGAGEMENT GUIDELINES 37
A report on the above-mentioned subject as submitted by Andrew Kett, Sr. Manager, Education and Outreach; Natalie Faught, Sr. Coordinator, Credit Valley Trail; and Jeff Payne, Deputy CAO and Director, Corporate Services is included in the agenda package as Schedule 'E'.
Recommended Resolution: WHEREAS Indigenous Engagement activities are increasingly important across CVC departments and the need for Indigenous Engagement Guidelines was identified;
THEREFORE BE IT RESOLVED THAT the report entitled “Indigenous Engagement Guidelines” be received and appended to the minutes of this meeting as Schedule ‘E’; and
THAT the Board of Directors approve the Indigenous Engagement Guidelines; 4 THAT staff disseminate the approved guideline to staff and prepare staff training related to Indigenous Engagement; and further
THAT the CAO be authorized to maintain this as a living document incorporating additional best practices and experiences.
6.6. BUSINESS CONTINUITY ANALYSIS #8 DUE TO COVID-19 PANDEMIC 57
A report on the above-mentioned subject as submitted by Deborah Martin- Downs, CAO and Jeff Payne, Deputy CAO and Director, Corporate Services is included in the agenda package as Schedule 'F'.
Recommended Resolution: WHEREAS the COVID-19 pandemic has resulted in office closures and continues to impact some of the authority activities;
THEREFORE BE IT RESOLVED THAT the report entitled “Business Continuity Analysis #8 Due To COVID-19 Pandemic” be received and appended to the minutes of this meeting as Schedule ‘F’; and further
THAT in 2021 staff provide business continuity quarterly updates, or as needed, to the Board for the duration of the pandemic and recovery period.
7. CORRESPONDENCE/INFORMATION ITEMS DISTRIBUTED TO MEMBERS
7.1. BRIEFING NOTE: BILL 245 - ACCELERATING ACCESS TO JUSTICE 65
Briefing note to the CVC Board of Directors from Josh Campbell, Director, Planning and Development regarding Bill 245 - Accelerating Access to Justice.
7.2. BREIFING NOTE: CONSULTATION ON GROWING THE GREENBELT 67
Briefing note to the CVC Board of Directors from Josh Campbell, Director, Planning and Development regarding the provincial consultation on growing the Greenbelt.
Recommended Resolution: RESOLVED THAT the information items presented at the 556th meeting of the Credit Valley Conservation Authority held March 12, 2021 be received.
8. NOTICE OF MOTION
9. QUESTION PERIOD
10. OTHER BUSINESS
11. RESOLUTION TO MOVE TO 'IN-CAMERA' SESSION
Recommended Resolution: 5 RESOLVED THAT the Board move to 'In-Camera session to discuss contract negotiations.
11.1. CONTRACT NEGOTIATIONS AND CONTRACT AWARD FOR SOFTWARE AND SERVICES OVER $100,000
Included in the agenda package is a confidential 'In-Camera' report on the above mentioned subject as submitted by Moheb Ekladios, Sr. Manager, IT/IM; and Jeff Payne, Deputy CAO and Director, Corporate Services.
12. RESOLUTION TO MOVE TO OPEN SESSION
Recommended Resolution: RESOLVED THAT the Board move to open session.
13. RESOLUTIONS FOLLOWING 'IN-CAMERA' SESSION
14. MEETING ADJOURNED 6 DEVELOPMENT, INTERFERENCE WITH WETLANDS, AND ALTERATIONS TO SHORELINES Schedule 'A' WATERCOURSES APPLICATIONS (STAFF APPROVED, FOR BOARD OF DIRECTORS’ ENDORSEMENT) 2021-03-12
Complete Permit Permit Ward Owner Agent Address Proposed Works Application Issued No. No. Date Date Brampton
Great Gulf Development in the Regulated R.J. Burnside 20/290 Group of Part Lot 5, Concession 5 WHS Area for earthworks to facilitate a 2021-02-04 2021-02-19 6 & Associates Companies residential subdivision.
Development in the Regulated Tashdijan 78 Antibes Drive 21/034 Area to facilitate construction of a 2021-02-16 2021-02-16 5 Design Part Lot 6, Concession 3 WHS deck. Caledon Development in the Regulated Area for the purpose of 20/022 44 Red Clay Road reconstruction of a single family N/A 2021-02-14 2 revised Part Lot 32, Concession 3 WHS dwelling, holding tank and site grading within the floodplain of the Credit River. Development in the Regulated The McLaughlin Road Area for the purpose of Corporation of MacIntosh 20/040 Part Lots 33 & 34, undertaking road improvements, 2020-03-11 2021-03-03 2 the Town of Perry Concession 2 WHS retaining wall construction and site Caledon grading.
Development in the floodplain and Criterium- Lot 46 - 785 Caledon-East Regulated Area of Shaws Creek for 21/005 Jansen Garafraxa Townline 2021-01-19 2021-03-03 1 the purpose of modifying an Engineers Part Lot 31, Concession 5 WHS existing dwelling.
GB RAND Development in the Regulated 2650 Mayfield Road 21/039 (Mayfield 2) Engineering Area for earthworks to facilitate a 2021-02-11 2021-02-25 2 Part Lot 18, Concession 1 WHS Inc. Corporation residential subdivision.
Development in the Regulated Area to facilitate construction of a new two-storey single family Dalerose 47 Baturyn Road (Poltawa) dwelling, attached garage, 21/050 2021-03-01 2021-03-01 2 Homes Part Lot 28, Concession 5 WHS attached deck, associated driveway, septic system and site grading including channel realignment.
Page 1 of 3 7 DEVELOPMENT, INTERFERENCE WITH WETLANDS, AND ALTERATIONS TO SHORELINES Schedule 'A' WATERCOURSES APPLICATIONS (STAFF APPROVED, FOR BOARD OF DIRECTORS’ ENDORSEMENT) 2021-03-12
Complete Permit Permit Ward Owner Agent Address Proposed Works Application Issued No. No. Date Date Halton Hills Development in the Regulated Area for the purpose of Rockhaven 14193 Trafalgar Road 21/033 constructing a single family 2021-02-09 2021-02-19 2 Homes Part Lot 31, Concession 8 dwelling, driveway and septic system. Development in the Regulated MWLA 6 McMaster Street Area for the purpose of 21/048 Landscape 2021-02-24 2021-02-24 2 Part Lot 21, Concession 9 constructing a tennis court, Architects retaining wall and armourstone. Mississauga Development in the Regulated Lakeview Area to facilitate alteration of Community Urbantech 800 Hydro Road 20/203 Serson Creek for the construction 2021-01-11 2021-02-10 1 Partners Consulting Part Lot 8, Concession 3 SDS of a new creek corridor and Limited realignment of the Creek. Development in the Regulated 20/246 FDL Design and 323 Mississauga Valley Boulevard Area for the purpose of N/A 2021-02-22 4 revised Construction Part Lot 14, Concession 1 SDS constructing an addition to an existing dwelling. Development in the Regulated Rogers 202-204 Burnhamthorpe Road E 21/019 Communications Area to facilitate construction of 2021-01-27 2021-02-19 4 Part Lot 14, Concession 1 NDS Canada Inc. conduit and 2 new vaults. Development in the Regulated Cooksville Creek - QEW to Elaine Area and alteration to a City of Ecosystem 21/031 Trail watercouse to facilitate erosion 2021-02-09 2021-02-19 1 Mississauga Recovery Inc. Part Lot 13, Concession 2 SDS protection and creek restoration works within Cooksville Creek. Development in the Regulated Area for the purpose of site Archisystem 5214 Creditview Road 21/044 grading and deck. 2021-02-23 2021-02-23 6 Inc. Part Lot 2, Concession 4 WHS *Note the house is outside of the Regulated Area Development in the Regulated Area to facilitate construction of 1524 Northmount Avenue 21/046 Pioneer Pools an inground pool, patio, 2021-02-04 2021-02-22 1 Part Lot 9, Concession 2 SDS landscaping, and associated grading.
Page 2 of 3 8 DEVELOPMENT, INTERFERENCE WITH WETLANDS, AND ALTERATIONS TO SHORELINES Schedule 'A' WATERCOURSES APPLICATIONS (STAFF APPROVED, FOR BOARD OF DIRECTORS’ ENDORSEMENT) 2021-03-12
Complete Permit Permit Ward Owner Agent Address Proposed Works Application Issued No. No. Date Date Development in a Regulated Area and floodplain to facilitate WSP Canada Dundas Street Trunk Sewer 21/049 Region of Peel construction of construction 2021-02-08 2021-02-01 8 Inc. Part Lots 1 & 3, Range 1 NDS compounds and installation of new 1500mm sanitary sewer. Development in the Regulated Area for the purpose of Canahahns 150 Paisley Boulevard West implementing ESC measures for 21/053 Company 2021-03-02 2021-03-02 7 Part Lot 17, Concession 1 SDS the construction of an apartment Limited building and adjacent parking structure. Orangeville Development in the Regulated Rogers Broadway at Blind Line Area for the purpose of installing a 21/035 Communications 2021-02-11 2021-02-17 N/A Canada Inc. Part Lot 3, Concession D 152m long 4" HDPE conduit and telecommunication cable.
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SCHEDULE ‘B’ PAGE -1- 2021-03-12
TO: The Chair and Members of the Board of Directors, Credit Valley Conservation
SUBJECT: 2020 PARCS (PROPERTY, ASSETS, RECREATION AND CONSERVATION AREA SERVICES) UPDATE
PURPOSE: To inform the Board of Directors of CVC of the status of the Conservation Areas
BACKGROUND:
The Credit Valley Conservation Authority (CVC) owns and/or manages 62 properties comprised of almost 2,800 hectares (7,100 acres) of land. CVC owns and manages properties using a range of models, as follows:
33 properties are owned by CVC and managed by CVC with focus on ten (10) key high visitation conservation areas (Island Lake, Ken Whillans, Upper Credit, Elora Cataract Trailway, Belfountain, Terra Cotta, Silver Creek, Limehouse, Rattray Marsh and Meadowvale). 25 properties are owned by CVC and managed by our municipal partners (the City of Mississauga, the City of Brampton, the Town of Halton Hills and the Town of Orangeville) under long term lease agreements. One property is owned by the Province of Ontario and managed by CVC (the Cheltenham Badlands), under a full cost recovery model. Two properties are owned by the Province of Ontario and managed by CVC (Jacquith and Willoughby properties), as part of the Belfountain complex. In addition, CVC owns and is actively involved in the construction of the Jim Tovey Lakeview Conservation Area on the Lake Ontario shoreline and will manage this site when it opens to the public in 2025.
Over the past decade the PARCS group (Property, Assets, Recreation and Conservation Area Services) have made concerted efforts to improve and expand the offerings at CVC conservation areas (CAs). This has resulted in a steady increase in the number of visitors and revenues while also continually providing a high-quality visitor experience.
The Conservation Areas Master Strategy (CAMS) approved by the Board of Directors in 2018 identifies the outcomes, directions and deliverables needed over the next decade to sustain those natural spaces and create high-quality recreational, cultural and educational experiences that meet visitors’ needs today and into the future. It is a guiding document for our CAs, directing business planning, project planning, and providing flexibility to meet changing needs. It ensures we remain accountable to our partners, donors, taxpayers, and above all, to the environment. 10
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The direction set out in the Strategy is based on our four commitments and our four principles:
Annually PARCS staff provide an update report to the CVC Board of Directors on our activities in an ongoing effort to share our successes, challenges and opportunities.
ANALYSIS: Despite the unprecedented pressures caused by the global pandemic, there were countless good news stories coming out of our conservation areas in 2020.
Below are the 2020 highlights presented in alignment with the four CAMS Principles: Protect, Connect, Experience and Deliver.
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Protection and Growth of Regional Green Space
The importance of land acquisition has recently been reinforced within several strategic documents – the CVC Corporate Strategic Plan (2020-2022), Credit Valley Trail (CVT) Strategy (2017) and CAMS (2018). These documents direct staff to continue working with government and non-government partners and landowners to find opportunities to grow our conservation areas system, protect significant natural environments, and provide high quality outdoor recreation opportunities for residents and visitors.
On January 24, 2020 CVC acquired the 44-acre Flaherty Property (0 Charleston Sideroad) in Caledon. This acquisition was a huge success with funding support from the Region of Peel Greenlands Securement Program (70%) and the CVC Foundation (30%) through a fundraising campaign referred to as the Capstone Campaign.
The Flaherty property is critically important to CVC for the protection of natural features and future land management. Acquisition of the Flaherty property will help achieve many CVC strategic objectives and provide several opportunities, including:
. Enable public access to green space through a gateway to Charles Sauriol Conservation Area, which is currently inaccessible to the public; . Create a CVT trailhead, securing and building 650 metres of optimum route and contributing to an 8.5 km stretch of secured trail; . Create self-sustaining high-quality recreational opportunities through amenities and infrastructure for visitors as well as multi-use trail systems; . Potential to generate revenue through parking fees or future park facilities development such as picnic facilities); . Enhanced terrestrial and aquatic restoration opportunities; and . Protecting significant brook trout habitat.
Flaherty Property, Main Credit River, 2020. 12
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Connecting with Visitors The overall visitor trend to our conservation area properties is continued growth. In fact, over the past ten years, we have experienced a 200% increase in visitation across the key 11 conservation areas. For the first time ever, we had over one million visitors to our parks in 2020.
This increase is driven in part by population growth in the GTA, increased awareness of our CAs and programing, growth in outdoor activities, an increasing awareness of the benefits of connecting with nature and in 2020, the COVID-19 pandemic. Table 1 below shows the trend of visitation growth being experienced in across our conservation areas.
Table 1 - Visitation Totals, all CVC Monitored Conservation Areas, 2010-2020
The 2014 dip is attributed to the impacts of the December 2013 ice storm / 2016 spike is partly attributed to the opening of the loop trail at Island Lake CA / 2019 includes first full operating year for Cheltenham Badlands.
Connecting the Credit Valley Trail The Credit Valley Trail (CVT) is a once in a generation legacy project that will connect the headwaters in Orangeville to the mouth of the Credit River along the Lake Ontario shoreline in Port Credit, Mississauga. This 100 kilometer trail will connect communities and public lands along the Credit River, it will connect people with nature and it will help 13
SCHEDULE ‘B’ PAGE -5- 2021-03-12 future generations connect with our past and all of those that came before. There are key portions of the CVT that are already in place through existing trail systems, just over 32 kilometers. The goal of this project is to connect the existing trail segments forming a single continuous route from Lake Ontario to Island Lake. Working with municipal partners, landowners and other stakeholders the planning is well underway.
CVT: Connecting with the Community In the Spring of 2020, CVC led a transition to re-structure the trail’s partner framework; moving away from the former planning committees towards a model that would be beneficial for implementation and mobilizing community support for the trail. With the approval from the CVT Leadership Council, CVC formed six CVT Chapters, ensuring cohesive representation from all our partners and encouraging local level collaboration with regional partners. The six CVT Chapters are: Mississauga, Brampton, Halton Hills, Caledon, Orangeville and the Indigenous Roundtable.
CVT: Wayfinding Signage and Fundraising Campaign Launch On November 3, 2020, the first official wayfinding sign along the CVT optimum route was unveiled at CVC’s Upper Credit Conservation Area. With COVID-19 restrictions in place, a small in-person gathering was held with representatives from the Credit Valley Trail Leadership Council, Credit Valley Conservation (CVC) Board of Directors, CVC Foundation Board of Directors, Mississaugas of the Credit First Nation Community and CVT funders, the Greenbelt Foundation and 407 ETR.
Along with the launch of official wayfinding and interpretive signage for the trail, CVC also publicly launched the existing 32 km of CVT route using the mobile app, ‘Ondago’ – a well- known mobile app used by outdoor enthusiasts which offers interactive trail maps, including hiking and cycling maps across Canada. Publicly launching the existing CVT route via Ondago literally put the CVT ‘on the map’ and moved the CVT from a vision to a reality. Rounding out this momentous event, the CVC Foundation announced the launch of a major $10 million fundraising campaign to help connect the full 100-kilometre trail.
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CVT: Connecting with Indigenous Communities CVC is committed to partnering with Indigenous communities to advance the goals of truth and reconciliation along with the sharing of traditional knowledge and culture with our visitors.
CVC continues to actively work with an Indigenous Roundtable to advance the planning for the Credit Valley Trail. The goal of the Roundtable is to realize, through dialogue with Indigenous Peoples, opportunities along the trail to engage and teach visitors about the peoples that first lived on this land and their enduring presence today. The Indigenous Roundtable, along with support from an Indigenous consulting firm, Neegan Burnside, have created a CVT Indigenous Experience Plan. The CVTIEP plan highlights seven key sites along the trail route where ceremonial spaces, interpretive features and other elements will be constructed (see image below). In 2021, the Indigenous Roundtable members will work to further develop designs for Key Site #1 located at CVC’s Island Lake Conservation Area (the location of CVT’s Northern Trailhead).
Connecting with our Neighbours
Toronto and Region Conservation Authority CVC and the Toronto and Region Conservation Authority (TRCA) have been in a joint marketing partnership since 2014. The goals of this partnership include the sharing of best practices and policies, marketing campaigns, common programing (such as Maple Syrup Festival), a shared membership pass and common platforms for visitor reservations and sales. Both authorities benefit significantly from this program.
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The ongoing partnership with TRCA for the joint marketing of our CAs and programing ensure we are working together to meet the needs of visitors, develop programing and increase revenues. One of the key successes of this program has been the growth of the joint Conservation Parks Pass. The joint pass allows access to all CVC and TRCA CAs as well as programing and membership loyalty discounts. In 2020, CVC’s Conservation Parks memberships sales saw an increase of 52% over 2019 sales.
In 2020, CVC and TRCA continued a partnership with municipal libraries namely, Orangeville, Caledon, Halton Hills, Mississauga and Brampton for conservation parks memberships to be signed out. The goal of this program is to connect with people who may not have the financial means to pay to visit the conservation areas and to introduce people who may not have visited our CAs before; giving them the chance to come out and see our CAs with the hope they will become life-long members.
City of Brampton CVC has formally engaged in a partnership with the City of Brampton (Resolution #81/20 and MOU executed November 2020) to complete Phase 1 due diligence work in developing the Siemens property (88.89 acre property located at 2719 Bovaird Drive West) as a public park, conservation area, and trailhead for the Credit Valley Trail. With its natural setting and ideal location on the Credit River, the project represents an exceptional opportunity to create vibrant public greenspace in West Brampton and CVC’s first public-facing site in the city. This park will be an asset to the City of Brampton and a jewel in the Credit River watershed and will place Brampton and CVC on an international stage as leaders in innovative, sustainable community and watershed planning.
The proposed vision of the site is: A rich natural asset that, when preserved, will provide pristine habitat, generous green space, and invaluable ecological services for present and future generations of Bramptonians and watershed residents. A wild oasis in the city where people can be immersed in a natural setting, experience the great outdoors close to home, restore their physical health and mental wellbeing, and interact with nature and each other in the pursuit of passive recreation, stewardship, and environmental learning. A meaningful place that connects people with nature, celebrates/showcases nature for Brampton’s multicultural mosaic, honours traditional Indigenous cultures, and inspires the next generation. A unique amenity that services the local community and functions as a regionally significant destination, providing a visitor experience unlike any others in the Credit River watershed and across Brampton.
Friends of Conservation Areas The conservation area operations succeed in large part due to the various partnerships that CVC has in place across the watershed. From the Friends of Island Lake to the Rattray Marsh Protection Association, CVC and the Foundation (CVCF) work with community groups to ensure cooperation, coordination and communication between staff and passionate residents. Work is underway to develop a centralized ‘Friends of’ network with individual site-specific chapters under the leadership of the CVC Foundation (CAMS 2018 and CVC Strategic Plan 2020-2022). 16
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Experience nature-based play at Island Lake Conservation Area In 2020, a significant community partnership resulted in the completion and opening of a 1.17-acre natural playground at Island Lake Conservation Area (ILCA). Made possible by the Friends of Island Lake, the Orangeville Lions Club, the Rotary Club of Orangeville, Dods and McNair Funeral Home, Dufferin County and the Jackman Foundation.
An excellent example of how emerging trends in recreational activities can be achieved through innovative partnerships, the nature inspired playground incorporates natural elements like plants, water, logs, boulders and terrain, with built-in play structures to provide different sensory experiences and diverse play opportunities. It provides an opportunity for kids to engage in unstructured playtime that encourages discovery and nature connection. The playground also features a fully accessible loop trail that connects into the existing ILCA trail system. In winter months, the 2.5-metre-wide playground trail will be maintained for skating, positioning ILCA as a destination of choice for four season outdoor experiences.
Experience through Interpretation In 2020, CVC’s PARCS team worked with CVC’s Community Outreach team to redeploy staff in response to the unprecedented visitation levels driven by the pandemic. A ‘Conservation Interpreter’ program was created to help provide a greater CVC presence at our busiest parks, thus allowing CVC to have a nearly daily staff presence at conservation areas that were experiencing overwhelming use as a result of the pandemic (Rattray Marsh CA, Silver Creek CA and Limehouse CA). CVC parks staff were under extreme pressure in 2020 to engage with new and inexperienced visitors across the entire conservation area system and requested assistance from Community Outreach, the effort was a great success.
The Conservation Interpreters helped address issues arising from increased visitation including litter, off-trail use, reports of alcohol and marijuana consumption, disrespecting 17
SCHEDULE ‘B’ PAGE -9- 2021-03-12 of park and social distancing rules, and visitor complaints. Conservation Interpreters engaged with park visitors, offered advice and tips, answered questions, and provided informal natural heritage interpretation. Additionally, they helped pick up litter, report trail and visitor issues, and helped to ensure respect of park rules.
The long-term goal of the Conservation Interpreters program is to create a formal interpretation program that will enhance the overall visitor experience in our parks through the delivery of high-quality natural and cultural educational programming and interpretation.
Experience Safer Spaces In 2020, CVC directly employed Security Officers for the first time. Historically, security services at our conservation areas has been delivered through third party vendors and contracts on an as needed or response basis. Hiring in-house security personnel allowed CVC to hire individuals that embraced CVC’s education first approach, valued customer service and adopted CVC’s brand and identity in their uniforms.
Security Officers worked with CVC Park Superintendents and the Provincial Offences Officers enforcement team to: Proactively mitigate issues through increased security presence at conservation areas that were experiencing high visitation; Assist with monitoring and enforcing visitor capacity limits for vehicles, visitors, parking lots and infrastructure; Provide better response to reports and occurrences of unsanctioned behaviour from park visitors and neighbours; Conduct trail patrols to promote compliance to the Conservation Authorities Act; Provide after-hours security at appropriate conservation and assist casual staff with closing conservation areas when necessary; and
The in-house hiring approach in 2020 was very successful and CVC plans to continue with this approach in 2021. 18
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Delivering Conservation Area Master Strategy Plans Ongoing efforts are underway to advance the Conservation Areas Master Strategy (CAMS) outcomes including the development and implementation of three CAMS Sub- Plans: Land Acquisition Plan; Visitor Experience Plan and Indigenous Engagement and Partnership Plan). Implementation of the recommendations of each sub-plan will guide our work through to 2028. The recommendations and associated initiatives will be shared with the board as an information report to the Board by mid-year 2021.
Delivering an Adaptive Management Approach COVID-19 has had a dramatic impact on conservation area operations and has necessitated adaptive management across the conservation areas (CA) system.
Park Closures and Operating Season Changes CVC’s 2020 operating season was significantly impacted by the pandemic. CVC parks were closed for 50-67 days depending on the particular park and which public health unit it is located in (varying restrictions and guidelines – CVC operates in 3 different public health jurisdictions). On March 24, 2020, CVC closed all previously opened conservation areas and trails to ensure the safety of visitors and staff. On May 15, 2020, in alignment with the Province’s Re-opening framework, CVC initiated a progressive re-opening of some conservation areas and trails for passive use with admission fees (where applicable) waived. On June 12, 2020 CVC re-instated admission fees at three parks, Island Lake Conservation Area, Ken Whillans Resource Management Area and Terra Cotta Conservation Area. On September 8, 2020 CVC opened Cheltenham Badlands and Belfountain Conservation Area under a mandatory reservation system.
2020 Conservation Areas Visitation Our total recorded visitation in 2020 was 1,048,200 visitors. CVC’s visitation data is collected through gate admissions, reservations and trail counters.
Table 2 below summarizes 2020 visitation to ten key conservation areas (Island Lake, Ken Whillans, Upper Credit, Elora Cataract Trailway, Belfountain, Cheltenham Badlands, Terra Cotta, Silver Creek, Limehouse and Rattray Marsh). In consideration of the operating season changes caused by COVID-19, Table 2 presents the 2020 visitor totals by specific visitation periods that reflect the operating impacts of the pandemic.
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Table 2 – Total Visitation by Visitation Period, 2020 Visitation Visitors Parks Details Period January 1 to 129,323 Island Lake, Ken Parks were open January 1 to March 23, 2020 Whillans, Upper March 23 as per typical Credit, Elora operating season. Regular Cataract Trailway, Winter Terra Cotta, Silver Season Creek, Limehouse and Rattray Marsh (8)
March 24 to 11,475 Island Lake, Ken Parks closed March 24 to May May 14, 2020 Whillans, Upper 14 (COVID-19 closure). Credit, Elora Cataract Trailway, Visitors during this period were Terra Cotta, Silver contravening the closure and Creek, Limehouse trespassing. and Rattray Marsh (7) COVID- 19 March 24 to 4,337 Rattray Marsh (1) Park closed March 24 to May Closure May 29, 2020 29 (COVID-19 closure). Period Visitors during this period were contravening the closure and trespassing.
Re-opening date coincided with City of Mississauga parks re-opening date.
May 15* to 875,700 Island Lake, Ken Parks open. December 31, Whillans, Upper 2020 Credit, Elora Additional details provided Cataract Trailway, below in Tables 3,4,5,6. Terra Cotta, Silver *Rattray data Creek, Limehouse Re- adjusted to May 29 and Rattray Marsh opening date Opened (8) Period September 8 to 27,426 Cheltenham Parks open. October 26, Badlands and 2020 Belfountain (2) Mandatory reservations and capacity limits in place.
TOTAL 1,048,261
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Visitor data for the re-opened period of May 15, 2020 to December 31, 2020 tells the real story of the impacts of COVID-19 on park visitation in 2020. This is the period in which our parks and trails were open for public use and not subject to illegal access and/or trespassing. In the tables below the visitor statistics focus on the parks that were open to the public for the comparative period of May 15 to December 31 in 2019 and 2020 respectively as outlined in Table 3 (visitation totals by property), Table 4 (visitation totals by region or county), Table 5 (visitation totals for CVC active parks – gate fees) and Table 6 (visitation totals for CVC passive parks – no gate fees). Belfountain and Badlands are discussed separately.
During this comparative period, CVC experienced a 69% overall increase in visitation (gate admissions and trail counter data) over the same period in 2019. The greatest increases in visitation were experienced in Halton Region CAs averaging just over a 150% increase compared to the same time in 2019.
Table 3 -Total Visitation May 15 – December 31 2019 2020 % Change Limehouse CA 25,631 80,091 212% Terra Cotta CA 15,759 39,357 150% Silver Creek CA 35,753 74,802 109% Ken Whillans RMA 4,989 10,123 103% Rattray Marsh CA 200,066 335,430 68% Elora Cataract Trailway 39,681 63,665 60% Island Lake CA 165,352 232,744 41% Upper Credit CA 30,144 39,487 31% Total 517,376 875,700 69% Belfountain CA 59,290 14,795 -75% Cheltenham Badlands 103,113 12,631 -88% Total with BCA/CB 679,778 903,126 33%
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Table 4 - Visitation by Region Re-Opened Period, May 15 – December 31 Halton Region 2019 2020 % Change Limehouse CA 25,631 80,091 212% Terra Cotta CA 15,759 39,357 150% Silver Creek CA 35,753 74,802 109% Total 77,143 194,250 152% Region of Peel 2019 2020 % Change Ken Whillans RMA 4,989 10,123 103% Rattray Marsh CA 200,066 335,430 68% Elora Cataract Trailway 39,681 63,665 60% Upper Credit CA 30,144 39,487 31% Total 274,880 448,705 63% Dufferin- Wellington 2019 2020 % Change Island Lake CA 165,352 232,744 41% Total 165,352 232,744 41%
Table 5 - Visitation by Park Type: Active Parks Re-Opened Period, May 15 – December 31 2019 2020 % Change Terra Cotta CA 15,759 39,357 150% Ken Whillans RMA 4,989 10,123 103% Island Lake CA 165,352 232,744 41% Total 186,100 282,224 52% These parks have admission fees, staff, services and amenities
Table 6 - Visitation by Park Type: Passive Conservation Areas Re-Opened Period, May 15 – December 31 2019 2020 % Change Limehouse CA 25,631 80,091 212% Silver Creek CA 35,753 74,802 109% Rattray Marsh CA 200,066 335,430 68% Elora Cataract Trailway 39,681 63,665 60% Upper Credit CA 30,144 39,487 31% Total 331,275 593,475 79% These parks do not have admission fees and have limited staff presence, services and amenities
New Reservation System: Belfountain CA and Cheltenham Badlands Belfountain Conservation Area and the Cheltenham Badlands are tourist destination parks that consistently see a high volume of visitation, which can be a challenge to manage. Given the pressures and the percentage increases in visitation we experienced at our other parks, we made the decision to keep these two properties closed until the province 22
SCHEDULE ‘B’ PAGE -14- 2021-03-12 and the Region of Peel entered Stage 3 of the provincial re-opening framework. Narrow infrastructure (bridges, stairs, trails) on these properties presents unique challenges to ensuring adherence to physical distancing guidelines.
The Cheltenham Badlands and Belfountain Conservation Area re-opened to the public on September 1, 2020 under a mandatory reservation system. Under the new reservation system visitors were able to book a date and time to visit each property during regular hours of operation. This allowed us the ability to limit the number of people who could enter the property at one time and to create the conditions needed for physical distancing.
The total number of reservations (by vehicle) processed at these two parks between September 8 and October 26, 2020 was 8,969 (4,662 at Belfountain CA and 4,307 at Cheltenham Badlands). This represents an average of 163 reservations per day and/or 81.5 reservations per day per park. Our intent for 2021 is to continue to operate these two parks under a mandatory reservation system for the full operating season (April to October).
The Cheltenham Badlands and Belfountain Conservation Area experienced an overall 81% decrease in visitation due to the fact that they were open for less than two months, were subject to a new mandatory reservation system and had visitor capacity limits in place.
New Park Management Practices Numerous visitor safety measures needed to be implemented at CVC’s conservation areas in 2020 to adhere to COVID-19 public health orders and guidelines and to manage the increased visitation demand. These included: Cancellation of all events (CVC and 3rd party); Cancellation of picnic and park amenity reservations; Limiting the overall park capacity when necessary (closed gates and controlled entry); Limiting the number of people in our washrooms and buildings; Introducing and managing one-directional travel on infrastructure and on some trails; Managing the increased volume of customer service calls and emails; Assisting watershed municipalities in managing overflow parking and road safety issues at Silver Creek CA, Limehouse Ca and Rattray Marsh CA; Increased frequency of washroom cleaning and disinfecting across the system; Increased management of the volume of garbage and litter across the parks system; Increased enforcement presence at all CVC parks from Provincial Offences Officers and Security Officers; Increased community engagement by park manager, superintendents and Provincial Offences Officers to address visitor and local resident concerns related to visitation impacts, user conflicts, visitor behaviours and enforcement of COVID- 19 public health rules and guidance; and An operating season extension to November 15, 2020 was implemented at Island Lake CA, Terra Cotta CA and Ken Whillans Resource Management Area to best 23
SCHEDULE ‘B’ PAGE -15- 2021-03-12
serve and manage the continued visitation numbers and demand. The typical annual closure date at these three parks is October 20.
Delivering Conservation Area Capital Asset Projects Several key park improvement projects were moderately affected by the COVID-19 essential business directives for construction projects. A two-month interruption in the construction season (March 24 to May 25, 2020) did not result in any increased costs to CVC and active project schedules were adjusted accordingly by eight weeks.
Rattray Marsh Conservation Area On March 24, 2020, the last day before all construction activities were to cease CVC completed the new Rattray Marsh Turtle Creek Bridge and Boardwalk restoration project. This was a critical capital project to address urgent health and safety and environmental concerns caused by continual flooding, erosion and structural failure. Access to Rattray Marsh is provided through Jack Darling Park to the northeast at Turtle Creek, as Rattray Marsh has no parking facilities. This entrance is the single busiest access point across in CVC’s entire conservation area system, welcoming upwards of 300,000 people per year.
Rattray Marsh Turtle Creek Bridge, constructed 2020.
Island Lake Conservation Area On May 25, 2020, CVC was able to resume construction and complete of the Island Lake Natural Playground with in-house capital project staff and began work on the two new Picnic Pavilion structures at Island Lake, which had been tendered prior to the March COVID 19 shutdown. In autumn 2020, we completed the two pavilions and commenced construction on a new covered bridge along the Vicki Barron Lakeside Trail, a project sponsored by the Friends of Island Lake and the focus of their current fundraising efforts. Construction of the covered bridge will be complete by Spring 2021.
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Island Lake Picnic Pavilion, constructed 2020.
Conservation Area Signage Numerous upgrades and improvements were made to our conservation area signage in 2020. A new wayfinding and mapping navigation system was installed at Terra Cotta CA and Rattray Marsh CA to improve navigation throughout the parks, providing a better visitor experience and improving visitor safety by informing visitors of trail characteristics, level of difficulty, providing location identifiers at all trailheads and junctions and enabling visitors to be able to better communicate their location in the event of an emergency.
An upgraded entrance sign and a series of interpretive signs were installed at Upper Credit CA and five new kiosks were installed at Upper Credit CA (1), Terra Cotta CA (1), Rattray Marsh CA (2) and the Willoughby Property (1).
Upgraded wayfinding signage at Terra Cotta CA, installed 2020. 25
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Delivering Revenue In 2020 there were no CVC events held (e.g. Maple Syrup, Canada Day, Bass Fishing Derby), group picnic bookings were not permitted, and no programing occurred at the Island Lake or Terra Cotta Amphitheatres. In March CVC had to abruptly cancel the 2020 Maple Syrup Festival on March 13th just hours before we had planned to open the festival on March 14th. As a result, no event revenues were realized. Expenses had been incurred in the run up to the event but those were offset by salary cost reductions (casual staff not called in and contract staff laid off). The cancellation of CVC events and third party events and group activities contributed to the overall 2020 revenue drop. Focusing on our five operating parks and Conservation Park Membership pass revenue, 83% of the budgeted amount was achieved (see Table 7). This success was despite the negative revenue impacts caused by the global COVID-19 pandemic including park closures, limited equipment rentals (canoes, kayaks, and the like) and the postponed opening of Belfountain CA and Cheltenham Badlands where we also implemented capacity limits and mandatory reservations in support of public health measures.
Table 7 – 2020 Revenues (Budget to Actual) Credit Valley Conservation 2020 Conservation Area Revenues $ (Budget vs. Actual) 600000
500000
400000
300000
200000
100000
0 Belfountain Island Lake Ken Whillans Terra Cotta Badlands Memberships
Budget Actual
In 2020 CVC conservation areas brought in combined gross revenues of $1,049,991. The 2020 revenue target was $1,510,251 representing an actual to budgeted revenue shortfall of $460,260. In response management took measures to reduce expenses (materials, supplies, wages, and services) that by the end of 2020 totaled $316,693 in savings. The impacts of the pandemic to the business were mitigated because of the decisive steps taken to reduce expenses and to quickly pivot operations as many planned revenue generating activities were prohibited or significantly curtailed. The net deficit for the CAs of $143,567 was offset by the total CVC budget wherein, at year end, there was a surplus. 26
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Delivering Conservation Area Management Plans
Belfountain Conservation Area Management Plan The Management Plan for Belfountain Conservation Area (BCA) is in final approvals with the Ministry of Natural Resources and Forestry and staff have been advancing detailed design and fundraising for its implementation. Construction is planned in two phases that can be undertaken separately or concurrently, depending on funding availability, with Phase 1 (Dam and Channel works) planned for construction in 2021.
Island Lake Management Plan CVC’s Strategic Plan, Our Future Taking Shape, 2020-2022 provides direction for the completion of management plans for Island Lake Conservation Area, Charles Sauriol Conservation Area and Pinchin Pit that incorporate protection, management and visitor experience.
The management plan for Island Lake Conservation Area is well underway and on track for completion and presentation to the board of directors for approval by the end of 2021. Activities to date include public realm design workshops, Stakeholder Advisory Committee meetings, public surveys, conceptual designs, appropriate environmental studies. The work is being led by CVC’s Land Planning team with support from consultants WSP and Smoke Architecture.
ISSUES
As the population in the south of the watershed continues to grow, there is an ever- increasing demand for opportunities to experience natural, historic and cultural amenities and partake in a variety of outdoor recreation activities. With greater visitation it is becoming increasingly difficult to ensure our existing conservation areas are not overused which would result in a poor visitor experience and greater negative impacts on the environment we work to protect. CVC must work to bring renewed and alternative assets online to meet the demand. Understanding the long-term impacts and potential continuance of COVID-19 influenced park visitation will become apparent as the global pandemic ends and more activities and options become available to people.
On the land securement side, there are limited funding sources to match the Region of Peel’s Greenland Securement funding to enable CVC to increase the number and size of our conservation lands to appropriately meet the increased demand. Opportunities to secure properties for the Credit Valley Trail are top of mind for our new acquisitions and will require staff time and access to funds to allow for speedy resolution.
Similarly, there are limited funding sources available to help with the replacement of aging capital facilities and historic/cultural amenities or for the creation of new capital facilities and programming. Support for conservation areas through municipal parks funding or development charges could be an option to support CA development and management.
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COMMUNICATIONS PLAN:
There are no communications implications for this project.
FINANCIAL IMPLICATIONS:
There are no financial implications of this report.
CONCLUSION:
CVC’s conservation areas are, to many visitors, the ‘face’ of the conservation authority. Residents, day trippers and tourists alike get their impression of CVC and what it stands for when they attend one of our conservation areas. In 2020 record numbers of visitors were received despite closures for most of the year of two of our most popular parks. Revenues were 83% of budget for 2020 despite pandemic impacts. PARCS staff continued to deliver excellent service, complete construction projects and advance planning and design for future projects despite the challenges that 2020 presented.
As the number of visitors continues to grow CVC must ensure it manages these lands so as to protect what is sensitive while at the same time providing opportunities to appreciate the natural and cultural features and also enjoy suitable recreation activities.
RECOMMENDED RESOLUTION:
RESOLVED THAT the report entitled “2020 Conservation Area Update” be received and appended to the minutes of this meeting as Schedule ‘B’.
Submitted by:
______Terri LeRoux Jeff Payne, Deputy CAO and Senior Manager, PARCS Director, Corporate Services
Recommended by:
______Deborah Martin-Downs Chief Administrative Officer
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SCHEDULE ‘C’ PAGE -1- 2021-03-12
TO: The Chair and Members of the Board of Directors, Credit Valley Conservation
SUBJECT: 2020 PURCHASING UPDATE
PURPOSE: To provide the Board of Directors of CVC with an update on purchasing activities during 2020
BACKGROUND:
The current purchasing policy (the policy) was approved at the December 9, 2016 CVC Board of Directors meeting under Resolution #96/16. In the introductory statement the intent or outcome of the policy is articulated as follows:
At Credit Valley Conservation (CVC) Authority we are committed to purchasing practices that result in the acquisition of goods and services in a manner that respects public funds and achieves value for dollar aligned with the purchasing principles, including environmental considerations, of CVC.
The following objectives guide the interpretation and application of the policy:
1. To promote transparent purchasing processes; 2. To ensure competitive and standardized bidding practices; 3. To support the most efficient and effective use of public funds; 4. To consider a range of criteria in the acquisition of goods and services which may not always result in the lowest bid price being chosen; 5. To obtain goods and services in a timely and efficient manner; 6. To demonstrate that CVC is an organization that has a goal of environmental sustainability and that accordingly we conduct our business in a manner that respects the natural environment; 7. To acquire all goods and services in accordance with applicable legislation and regulation (examples: Accessibility for Ontarians with Disabilities Act – AODA, Municipal Freedom of Information and Protection of Privacy Act – MFIPPA); 8. To partner with other public agencies where practicable for goods and services; 9. To require vendors follow health and safety requirements in the workplace; and 10. To conduct business with vendors that share our values where practical.
In support of Objective #1 of the purchasing policy, “To promote transparent purchasing processes”, staff annually bring a report to the Board of Directors of CVC which summarizes the purchasing activities. This report reflects purchasing activities conducted in 2020.
The CVC purchasing policy sets out approval authorities based on positions. Under this hierarchy supervisors may approve purchases up to $1,000 without going through a 29
SCHEDULE ‘C’ PAGE -2- 2021-03-12 competitive purchasing process. Purchases over $1,000 must go through a competitive purchasing process as outlined in Appendix 1 to the CVC purchasing policy, entitled “Purchasing Procedures”. Purchases between $1,001 and $50,000 require that at least three (3) quotations are obtained. Purchases between $50,001 and $100,000 require that at least three (3) bids are obtained unless they meet the criteria for direct negotiations which are detailed in this report.
The departmental Director reviews and signs off on all purchases over $5,000. All purchases over $10,000 require the additional review and sign off from the Director of Corporate Services. If the purchase is over $50,000, the Chief Administrative Officer must also review and sign off. Purchases over $100,000 usually follow a formal request for proposal or tendering process and final approval rests with the Board of Directors.
The purchasing thresholds outlined above are set low compared to many of CVCs public sector comparators. The benefit of this approach is that management is able to closely monitor contract expenditures and provide appropriate oversight. We are in a unique area of business for some of our programs where much of what they do, and what they need to do, is not readily available in the marketplace as it relates to research, modeling and leading-edge science or specialized equipment.
The authority is committed to open competition for products and services through competitive processes. Like other public sector organizations, CVC also does have purchases that are directly negotiated with vendors. There are several valid business reasons for direct negotiation arrangements as authorized by the policy. These include:
Extension or renewal of a previously approved contract (provided pricing and performance are consistent) Emergency purchase to meet very tight time-frames related to emergencies or urgent repairs or maintenance (e.g. ice storm damage) Value of goods or service under $5,000 therefore under CVC policy a purchase order is not required Vendor has been selected for a “Vendor of Record’ list already in place (RFP was issued, they are “pre-approved” vendor) Goods/service purchased co-operatively or jointly (RFP issued by other party) Only supplier of a unique, new or proprietary good/service Confidential delivery of a good/service The vendor has special knowledge, skills, expertise or experience making them uniquely qualified and represents good value
Where CVC differs from municipalities is in the specific nature of environmental work. Examples of such directly negotiated contracts at CVC have included:
Research undertaken with academic institutions (universities, colleges or other research-based institutions) Field research involving niche expertise (e.g. species specific studies,) Complex or leading-edge environmental work where there are limited market alternatives (e.g. professional associations or industry sectors groups, proprietary models) Environmentally appropriate products and services (supporting the environmental objective set out in the purchasing policy). 30
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As part of the introduction of the policy in 2016, a direct negotiation review process was established for implementation in 2017. It is now a requirement that the Director of Corporate Services reviews and approves all directly negotiated purchase order requests over $5,000. If the request is over $10,000 then additional review and approval from the CAO is required.
This report does not capture a number of purchasing activities that are exempt from the CVC Board approved purchasing policy including: 1. Utilities and fuel 2. Training, education, conferences and workshops 3. Refundable employee expenses 4. General expenses 5. Petty cash 6. Payments to current and past employees 7. Government payments 8. Property tax 9. Legal services 10. Debt or mortgage payments 11. Pension deductions 12. Grants and contributions 13. Goods and services purchased for resale 14. Public educators, performers (examples: entertainers, musicians, artisans, theatre groups) or event vendors 15. Paid advertising, publication of public notices or public outreach 16. Academic-based research 17. Native seeds or stock, potting media and planting materials
ANALYSIS:
Since 2015 (the past six years) staff have been reporting annually to the CVC Board of Directors with a purchasing activity update. Of particular interest are those purchases that are made without a competitive process. Management has taken steps to increase scrutiny that has resulted in a decline in the number of direct negotiations since 2015.
We will always have some direct negotiations due to the nature of our business. In addition, there are sector-based drivers such as leading-edge science, research, modeling as well as specialized equipment that result in a higher number of direct negotiations for CVC. How we can further address this will be addressed in the findings section of this report.
Staff is pleased to report that there were no purchases in the 2020 year that were not in compliance with the approved purchasing policy. The policy in place allows for a range of purchasing mechanisms and provides staff with flexibility to purchase goods and services in the manner that provides best value.
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A review of all 95 purchase orders (POs) in 2020 was undertaken with Table 1 providing a breakdown of all the POs issued in year. Of the 95 POs, 37 or 38.9% of these POs were directly negotiated (in the year prior 34% of all POs were directly negotiated).
Table 1. Breakdown of POs January to December 2020 Sourcing Method # OF POs % OF POs 3 Quotes Obtained 58 61.1% Directly Negotiated 37 38.9%
Totals 95 100%
Table 2 provides a breakdown of the 37 direct negotiation purchase orders by the purchasing policy approved rationale. In 2020, almost 25% of direct negotiations were extensions of existing POs for various reasons and 32% were because we procured goods and services from individuals or companies that have specialized knowledge, expertise or experience in the realm of environmental services.
Table 2. Breakdown of Direct Negotiation Rationale DIRECT NEGOTIATION RATIONALE # OF % OF TOTAL POs POs 1. Extension or renewal of previously approved contract (satisfactory performance/price) 9 24.3% 2. Under $5,000 (PO not actually required by policy) 2 5.4% 3. Partnership arrangement (Other CAs, local municipalities, etc. – competitively bid) 2 5.4% 4. Vendor of Record 5 13.5% 5. Good is limited due to market conditions (scarcity) 2 5.4% 6. Confidential delivery of a good/service 1 2.8% 7. Unique, new or proprietary good/service 4 10.8% 8. Special knowledge, skills, expertise or experience making them uniquely qualified/represents good value 12 32.4% Sub Total 37 100% Less Rationale 1 to 6 16 16.8%
Of the 37 POs, twenty-one (21) met direct negotiation rationales that can be considered less discretionary. The remaining 16 were direct negotiation contracts where the vendor either provided a unique or proprietary good/service (rationale 7 in Table 2) or they had specialized knowledge, skills or experience (rationale 8 in Table 2).
Table 3 shows that over the past four years (since the new purchasing policy was fully implemented) the number of direct negotiations with vendors that either provided a unique good/service or had specialized knowledge/experience has been fairly consistent between 23.5 and 25% as a percentage of total POs issued annually. The decrease observed in 2020 to just under 17% is likely an anomaly that can in part be attributed to reduced or delayed activities resulting from the pandemic. There were 14 fewer POs issued in 2020 versus 2019.
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Table 3. Summary of the percentage of direct negotiations annually 2015-18 Year % of Direct Negotiations 2017 25.0 2018 23.5 2019 23.9 2020 16.8
Forecast: Management will closely monitor the rate of direct negotiations over the coming year, as is our practice, with a focus in 2021 to proactively try to mitigate the negative impacts of the pandemic on the purchasing process including the availability of goods (supply chain) and services (fewer vendors in some markets given the impacts to the economy over the past year).
FINANCIAL IMPLICATIONS:
There are no financial implications for this report.
RECOMMENDED RESOLUTION:
RESOLVED THAT the report entitled, “2020 Purchasing Update” be received and appended to the minutes of this meeting as Schedule ‘C’; and further
THAT staff continue to monitor procurement activities and provide status updates to the CVC Board of Directors annually
Submitted by:
______Roger Tharakan Jeff Payne Sr. Manager, Financial Services Director, Corporate Services
Recommended by:
______Deborah Martin-Downs Chief Administrative Officer
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SCHEDULE ‘D’ PAGE -1- 2021-03-12
TO: The Chair and Members of the Board of Directors, Credit Valley Conservation
SUBJECT: 2021 CVC PROVINCIAL OFFENCES OFFICERS ROSTER
PURPOSE: To request approval by the Board of Directors to re-affirm CVC staff as designated Provincial Offences Officers
BACKGROUND:
The practice at CVC is to annually present a list of qualified names to serve as Provincial Offences Officers (the roster) for Board approval. This process ensures transparency to the public, confirms that the internal processes are followed and requirements for appointment are met.
Section 1(3) of the Provincial Offences Act establishes all classes of employees of CVC as potential Provincial Offences Officers for the purpose of enforcing the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended, the Trespass to Property Act, R.S.O. 1990, c. T.21, as amended, and the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended (other acts may apply). The Boards of individual authorities, at their discretion, may designate staff to enforce these acts. To assist the CVC Board in this process, criteria were established to guide them in their recommendations. In 2002, a policy was approved by the Board of Directors concerning the designation of Provincial Offences Officers at Credit Valley Conservation. The CVC policy outlines the qualifications for designation and is aligned with the Conservation Ontario requirements.
On February 19, 2010 the Conservation Ontario Council - Committee of the Whole received a report entitled “Regulatory Compliance Committee - Status Report and Protocol for Conservation Authority Designation of Provincial Offences Officers”. In this report it identified that:
“Conservation Ontario Council endorsed the formation of a Conservation Ontario Regulatory Compliance Committee (RCC) in October 2008 to provide a forum for developing the tools for and capacity of our front-line staff to ensure the highest standards of professionalism in dealing with the public and our regulatory authority.”
Within this same report it noted the Regulatory Compliance Committee (RCC) had made the following recommendations, which were subsequently approved by the Conservation Ontario Council, as follows:
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“Essential Requirements for Officer Candidates: The following criteria shall be satisfied when appointing an employee as an “officer” for enforcing Section 28 and / or Section 29 of the Conservation Authorities Act: 1. The officer shall provide proof of a clean criminal background check, Vulnerable Sector check (immediately prior to their appointment) 2. The officer shall be adequately trained* in the legislation they are to enforce (i.e. Conservation Authorities Act, Provincial Offences Act, Trespass to Property Act).
*Provincial Regulatory Compliance Foundations Training (or equivalent training) is the most familiar option that has been utilized by Conservation Authorities.
In order to be designated as an Officer at CVC, candidates must have completed and/or graduated from at least one of the following courses: Graduate diploma / degree in Conservation and Environmental Law Enforcement; Conservation Ontario Regulatory Compliance Committee Level 1 Foundation Course; Federal or Provincial Park Warden training course, or; Conservation Officer training course.
CVC further recommends and supports staff in achieving additional training courses that help them become more proficient as an Officer, such as: Conservation Ontario Regulatory Compliance Committee Level 2 Foundation Course Use of Force and Disengagement Course
The earlier reference to other Acts relates to circumstances where CVC designated staff may from time-to-time, or on an ongoing basis, be identified to carry out activities under an authority that is not specifically assigned to conservation authorities. For example, CVC Provincial Offences Officers may be designated by a municipality to issue infraction notices or tickets related to parking violations on behalf of the municipality or with the approval of the municipality. CVC is currently working with the Town of Caledon and the Region of Peel for approvals to issue tickets or notices related to certain specified infractions to support site management in and around the Cheltenham Badlands.
ANALYSIS:
This report identifies CVC staff who currently meet the essential requirements to be designated as Provincial Offences Officers and those CVC staff that are recommended to be (re)affirmed as designated Provincial Offences Officers.
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Section 28 Section 29 Re-Affirmations Eric James Adam Slessor Jakub Killis Charlie Brady Tyler Slaght Brian Kristy Bill Lidster Eric Mailloux Evan Orme David Orr David Riseborough Yasmine Slater Additions n/a n/a
Removal Liam Marray David Porter
COMMUNICATIONS PLAN:
There are no communications implications resulting from this program.
FINANCIAL IMPLICATIONS:
Costs associated with training Provincial Offences Officers and the operation of CVC’s enforcement program are contained in account codes 201-203 (for Planning staff) and account 401-406 and 401-462 (for PARCS staff).
RECOMMENDED RESOLUTION:
RESOLVED THAT the report entitled “2021 CVC Provincial Offences Officer Roster” be received and appended to the minutes of this meeting as Schedule ‘D’; and
THAT the CVC Board of Directors approves the following Provincial Offences Officers roster:
Eric James, Jakub Kilis, and Tyler Slaght be (re)affirmed as designated Provincial Offences Officers permitted to enforce Section 28 under the Conservation Authorities Act and the Provincial Offences Act; and
Adam Slessor, Brian Kristy, Charlie Brady, Bill Lidster, Eric Mailloux, Evan Orme, David Orr, David Riseborough and Yasmine Slater be (re)affirmed as designated Provincial Offences Officers permitted to enforce Section 29 under the Conservation Authorities Act, Provincial Offences Act and the Trespass to Property Act; and further
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THAT the CVC Board of Directors approves the following Provincial Offences Officers roster update:
Liam Marray and David Porter be removed as a designated CVC Provincial Offences Officer as they are no longer employed by CVC.
Submitted by:
______Terri LeRoux Bill Lidster Senior Manager, Manager, Conservation Parks Property, Assets, Recreation and Conservation Area Services (PARCS)
______Josh Campbell, Jeff Payne, Director, Director, Corporate Services Planning and Development Services
Recommended by:
______Deborah Martin-Downs Chief Administrative Officer
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SCHEDULE ‘E’ PAGE -1- 2020-03-12
TO: The Chair and Members of the Board of Directors, Credit Valley Conservation
SUBJECT: INDIGENOUS ENGAGEMENT GUIDELINES
PURPOSE: To request endorsement by the Board of Directors of CVC of CVC’s Indigenous Engagement Guidelines,
BACKGROUND:
CVC’s Board of Directors received the report entitled “Acknowledgment of Indigenous Peoples and Their Territories” (April 21, 2017) (Resolution #42/17), directing CVC staff to develop guidelines for the Acknowledgement of Indigenous People and their Territories for CVC Board and staff use.
Since that time, reconciliation with Indigenous Peoples and engagement with Indigenous Nations, Communities, and Peoples has become increasing important to numerous aspects of CVC business, including but not limited to how we manage our properties, capital projects, public-facing programs and services, science and data collection.
CVC’s Strategic Plan 2020-2022 includes a commitment to Indigenous Peoples: “We are committed to partnering with Indigenous nations, communities and peoples to advance reconciliation though our work and practices.” The strategic plan also includes several directions specifically related to aspects of Indigenous Engagement, including:
- Goal 1, Direction 2 is “Work with Indigenous communities to incorporate Indigenous knowledge and ways of knowing in our work.” - Goal 5, Direction 7, “Operationalize the Conservation Areas Master Strategy by implementing the Visitor Experience, Indigenous Engagement and Land Acquisition Plans.” - Goal 5, Direction 9, “Work with our partners to implement the Credit Valley Trail Strategy, including securing, planning, designing and opening segments of the Credit Valley Trail and Indigenous placemaking at key trailheads as per the Credit Valley Trail Indigenous Engagement Implementation Plan.” - Goal 5, Direction10, “Establish an Indigenous Elders Circle to counsel and advise on all aspects of Indigenous partnership and engagement.” - Goal 8, Direction 3, “Work with our municipal, provincial, federal and Indigenous partners to share management of public lands and infrastructure for more efficient and effective use of combined resources.” - Goal 8, Direction 8, “Develop public, community and Indigenous engagement guidance and build our capacity to deliver on our commitments.”
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The Conservation Areas Master Strategy (2018-2028, CAMS) was approved by the Board July 13, 2018, (Resolution #65/18). Development of an Indigenous Partnership Plan (IPP) is identified as a deliverable of CAMS. The IPP will focus on building strong partnership through meaningful engagement with local Indigenous communities and other ancestral nations. To amplify Indigenous voices and deepen relationships, the IPP will contain a set of recommendations intended to use engagement to strengthen existing partnerships and encourage more Indigenous presence on CVC lands. Together, the recommendations within the IPP will encourage strong partnerships through growth and development; simultaneously advancing the Calls to Action of Canada’s Truth and Reconciliation Commission. In particular, as a public agency, our response to Action #57.
Professional Development and Training for Public Servants - Action #57 “We call upon federal, provincial, territorial, and municipal governments to provide education to public servants on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations. This will require skills based training in intercultural competency, conflict resolution, human rights, and anti-racism.”
The Credit Valley Trail represents another significant development in CVC Indigenous Engagement. To realize a collective vision to create and connect the Credit Valley Trail (CVT) along the Credit River Watershed, the CVT Strategic Plan was launched in 2017, defining priorities and providing a framework for measuring progress. Within the plan, Five Strategic Directions are identified. Strategic Direction #4 directs staff to, “Share the cultures, traditions, history and aspirations, demonstrates CVC’s commitment to supporting Indigenous people.”
To lead Indigenous-focused planning for the CVT, the CVT Indigenous Roundtable (CVTIRT) was formed in the early stages of the project. The CVTIRT is made up of representatives from the Mississaugas of the Credit First Nation, Anishinaabe and Cree First Nation, as well as Huron-Wendat First Nation and community members from the Credit River Métis Council. The CVTIRT has been instrumental to the CVT, providing leadership and guidance and empowering Indigenous voices by participating in planning related to showcasing Indigenous heritage and culture along the CVT. In 2020 the CVTIRT, in collaboration with CVC and external consultants, completed the CVT Indigenous Experience Plan (CVTIEP) including a set of recommendations identifying areas of Indigenous significance located along the CVT proposed route. Preliminary planning to actualize the recommendations is underway.
With these and other activities such as the Jim Tovey Lakeview Conservation Area development resulting in an increasing number of staff across the organization beginning to undertake Indigenous Engagement activities, CVC staff convened an internal, cross- departmental Indigenous Engagement Working Group in April 2018. The purpose of this group is to facilitate corporate-wide adoption of consistent principles and practices for engagement with Indigenous partners. The scope of the working group includes:
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SCHEDULE ‘E’ PAGE -3- 2020-03-12
a. Templates, Tools and Guidelines: Research and coordinate development/ adaptation of Indigenous Engagement Guidelines for adoption by CVC departments, divisions and individual staff. b. Training: Identify and develop materials required for training CVC staff and assist with identification and coordination of staff training to help advance/accelerate adoption of Indigenous engagement principles and practices. c. Corporate Repository: Work with Corporate Services to provide, manage and maintain a centralized corporate repository for Indigenous engagement resources. d. Implementation Program: Develop an on-going program that will focus on ensuring that effective Indigenous engagement becomes an integral part of CVC’s culture. e. Support: Provide a forum for other CVC staff to bring issues or questions related to indigenous engagement to receive feedback and support
To develop guidelines as per activity “a” above, a sub-committee of the working group was convened including of Andrew Kett, Senior Manager, Education and Outreach; Natalie Faught, Senior Coordinator, Credit Valley Trail; Jesse De Jager, Manager, Capital Projects and Assets; and Kate Hayes, Senior Manager, Restoration and Management; overseen by Jeff Payne, Deputy CAO and Director, Corporate Services.
The sub-committee conducted research into other guidelines, including those prepared by Toronto and Region Conservation (2015), as well as review of guidelines and protocols of various Indigenous Nations. A detailed review of the Consultation and Accommodation Protocol approved by the Mississaugas of the Credit First Nation was particularly influential in developing these guidelines.
Concurrently, the sub-committee conducted informal consultation with staff managing Indigenous Engagement, the Indigenous Engagement Working Group, and members of the CVT Indigenous Roundtable to provide input on relevant sections of the document.
A preliminary draft of the guidelines was presented to the CAO and Directors Committee March 2, 2020 for review and discussion. Based on comments from Directors the guidelines were further refined by the sub-committee, including an expanded Project Consultation Guideline.
Drafts of the guidelines were provided to the Department of Consultation and Accommodation (DOCA) of the Mississaugas of the Credit First Nation beginning in July 2020 for review and discussion Subsequent meetings with DOCA staff occurred on: October 2, 2020 (Director) November 17, 2020 (multiple DOCA staff), December 2, 2021 (Traditional Knowledge and Land Use Coordinator), February 12, 2021 (Traditional Knowledge and Land Use Coordinator), and February 23, 2021 (Director).
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SCHEDULE ‘E’ PAGE -4- 2020-03-12
DOCA staff have provided feedback and suggestions over multiple drafts which have been incorporated into the Guidelines. As of February 23, DOCA staff have expressed to CVC staff their support for the attached Guidelines.
ANALYSIS:
The Indigenous Engagement Guidelines are provided as Schedule ‘E’, Appendix 1. They contain both a general foundation for CVC’s working in Indigenous Engagement and specific guidelines that will enable CVC staff to engage with Indigenous Peoples consistently and respectfully across a variety of activities and contexts. The Indigenous Engagement Guidelines contain the following general sections to guide all CVC Indigenous Engagement work:
“Guiding Principles” outline the foundations of Indigenous Engagement at CVC, including the corporate direction as outlined above in our Strategic Plan, Conservation Areas Master Strategy, and Credit Valley Trail Strategy; “Indigenous Nations, Communities, and People with Expressed or Potential Interest in Engaging with CVC” defines Indigenous Nations, Communities and Peoples with whom CVC will engage, including those Nations that are Treaty- holders and those that consider the Credit River Watershed part of their Traditional Territory: “Opportunities for Engagement” identifies a list of projects and activities across CVC departments where there are opportunities to initiate or enhance Indigenous Engagement, including programming, land management, data collection, and capital projects:
These general sections are followed by three specific guidelines:
Land Acknowledgement Guideline – providing an example Acknowledgement and direction to staff about when and how to appropriately communicate the Acknowledgement; Honorarium, Compensation, and Gift-giving Guideline – providing consistent direction on compensation of Indigenous partners for their involvement in various activities; Project Consultation Guideline – providing guidance on project-based Duty to Consult and voluntary project engagement and relationship building with Treaty- holder First Nations in particular that goes beyond the Duty to Consult or when the Duty to Consult does not apply.
These guidelines represent our most current understanding and lived experience of good practice in Indigenous Engagement. They have been vetted through staff with years of experience undertaking this work, triangulated with members of the CVT Indigenous Roundtable, and reviewed by the Mississaugas of the Credit First Nation.
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SCHEDULE ‘E’ PAGE -5- 2020-03-12
Approval of the guidelines will benefit and advance CVC’s collective work engaging with Indigenous Nations, Communities, and Peoples by ensuring: - Consistency of staff activities, - Appropriateness and respectfulness of activities and communication, - Retention and dissemination of corporate knowledge and lived experience, - Continuing action to move Reconciliation forward, including staff training.
The Indigenous Engagement Guidelines will help CVC live our value of inclusion, deliver on our commitment to Indigenous Peoples, and build relationships that will lead to better projects, reduced risk, innovation and better outcomes for the Credit River watershed.
Staff recommend the CVC Board of Directors endorse the guidelines and, with the approval of the CAO, staff will revise the guidelines from time to time as warranted by new information, understanding, and experiences working alongside our Indigenous partners.
COMMUNICATIONS PLAN:
Copies of the approved guidelines will be forwarded to CVC staff and internal training will be led by the Indigenous Engagement Working Group.
FINANCIAL IMPLICATIONS:
There is no financial impact to CVC for this project.
CONCLUSION:
CVC’s Indigenous Engagement Guidelines represent extensive collaboration and sharing of good practices across departments. The guidelines are also the result of wide-ranging staff experiences with Indigenous Engagement across multiple projects over many years, and direct engagement and relationship-building with the Mississaugas of the Credit First Nation, Treaty-holder in the Credit River Watershed. The guidelines position CVC as a leader in Indigenous Engagement in conservation.
RECOMMENDED RESOLUTION:
WHEREAS Indigenous Engagement activities are increasingly important across CVC departments and the need for Indigenous Engagement Guidelines was identified;
THEREFORE BE IT RESOLVED THAT the report entitled “Indigenous Engagement Guidelines” be received and appended to the minutes of this meeting as Schedule ‘E’; and
THAT the Board of Directors approve the Indigenous Engagement Guidelines;
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THAT staff disseminate the approved guideline to staff and prepare staff training related to Indigenous Engagement; and further
THAT the CAO be authorized to maintain this as a living document incorporating additional best practices and experiences.
Submitted by:
______Andrew Kett Natalie Faught Sr. Manager, Education & Outreach Sr. Coordinator, Credit Valley Trail
______Jeff Payne Deputy CAO and Director, Corporate Services
Recommended by:
______Deborah Martin-Downs Chief Administrative Officer
SCHEDULE 'E', APPENDIX 1 PAGE43 1 2021-03-12
Credit Valley Conservation
Indigenous Engagement Guidelines
February 24, 2021
1. Introduction
1.1. Credit Valley Conservation (CVC) is committed to learning, growing, and taking steps on the path towards reconcilliation together with Indigenous Nations, Communities, and Peoples connected to the Credit River and surrounding watershed.
1.2. This guideline represents our collective and current understanding and lived experience of good practice. It is a living document. CVC still has much to learn. We start from a place of humility and continuous learning.
2. Guiding Principles
2.1. CVC’s ongoing commitment to engagement1, partnership, and work with Indigenous Nations, Commuities, and Peoples is guided by:
2.1.1. Our shared responsibility for the stewardship of the lands, waters, and resources of the Credit River Watershed for present and future generations;
2.1.2. Our core value of inclusiveness, and our desire to engage Indigenous Nations, Communities, and Peoples consistently, genuinely, and respectfully;
2.1.3. Our commitment to ensuring that CVC activities and programs related to Indigenous Knowledge and communities past and present are done accurately, appropriately, and in collaboration;
1 “Engagement” is an expansive term encompassing all the formal and informal ways of collaborating, working, and partnering with Indigenous Nations, Communities and Peoples. “Consultation” has legal implications associated with the Crown’s Duty to Consult. Generally, the term “engagement” is preferred, and “consultation” should be used only when referring to the Duty to Consult.
SCHEDULE 'E', APPENDIX 1 PAGE44 2 2021-03-12 2.1.4. Our support for advancing United Nations Declaration on the Rights of Indigenous Peoples2 and the Calls to Action of the Truth and Reconciliation Commission;
2.1.5. Our responsibility to meet Crown-delegated procedural elements of its Duty to Consult and accommodate through acts of legislation affecting CVC projects;
2.1.6. Our corporate direction, including:
2.1.6.1. Credit Valley Conservation’s 2020-2022 Strategic Plan,
2.1.6.2. Credit Valley Trail Strategy (CVT Strategic Direction 4 and CVT Indigenous Experience Plan),
2.1.6.3. Conservation Areas Master Strategy (Principle #2, “Connect,” Indigenous Engagement Plan, and Land Acquisition Plan).
3. Indigenous Nations, Communities, and Peoples with Expressed or Potential Interest in Engaging with CVC
3.1. CVC recognizes that the Credit River Watershed and surrounding lands and waters are home to Indigenous Nations, Communities, and Peoples past and present, including:
3.1.1. Mississaugas of the Credit First Nation (Treaty-holder: Treaties 14, 19, 22, and 23);
3.1.2. Williams Treaties First Nations (Treaty-holder: Treaty 18, with the Chippewas of Lake Huron and Simcoe, ancestors of the Williams Treaties First Nations);
3.1.3. Huron-Wendat First Nation, Six Nations of the Grand River First Nation, and Métis Nation;
3.1.4. Individuals3 identifying as Indigenous living in or near the watershed;
2 In 2007, the United Nations adopted The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirming the rights of Indigenous peoples and recognizing their contribution to the common heritage of humankind. UNDRIP emphasizes that through diversity and richness of civilizations and cultures, Indigenous peoples are equal to all other peoples. 3 Note that individuals do not have same legal status as Indigenous Nations related to the Duty to Consult. Also note that even in the context of voluntary engagement individuals may or may not represent or have the authority to speak on behalf of the Indigenous Nation to which they belong.
SCHEDULE 'E', APPENDIX 1 PAGE45 3 2021-03-12 3.1.5. Individuals identifying as Indigenous and interested in the stewardship of land and water and activities of CVC within the watershed.
4. Opportunities for Engagement
4.1. CVC acknowledges that, as a community-based environmental organization, we actively seek opportunities to engage a diversity of communities, organizations, governments, and individuals in our work, including the Indigenous Nations, Communities, and Peoples identified above. Throughout our work, CVC has identified opportunities to enhance, increase, or initiate engagement with Indigenous Nations, Communities and Peoples. These opportunities for engagement include but are not limited to:
4.1.1. Conservation Areas – developing the Conservation Areas Master Strategy Indigenous Engagement Plan;
4.1.2. Credit Valley Trail – supporting the Indigenous Roundtable and recommendations from the Indigenous Engagement Plan, including future programming and placemaking along the trail;
4.1.3. Education – integration of Indigenous Knowledge and perspectives in programming for different audiences;
4.1.4. Public engagement – CVC attendance at Indigenous events and other Indigenous-led activities within and beyond our jurisdiction;
4.1.5. Indigenous Knowledge – supporting the integration of Indigenous Knowledge into CVC’s monitoring, restoration and management, studies and plans that advance our understanding of the Credit River Watershed;
4.1.6. Ceremony – attending or integrating ceremony into CVC activities when appropriate;
4.1.7. Training – supporting CVC staff education and training and internal communications on Indigenous topics;
4.1.8. Communications – hosting a webpage outlining CVC’s work engaging with Indigenous Peoples;
4.1.9. The Duty to Consult4 – The Crown, in right of the Federal Government or Province, may delegate procedural elements of its Duty to Consult to
4 "The Duty to Consult is owed to First Nations, Inuit and Métis communities whose potential or established rights may be affected by contemplated Crown conduct. While an Indigenous group can designate an individual to represent it in consultations, individuals are generally not entitled to be consulted separately. That distinction was elaborated upon in Beckman v. Little Salmon/Carmacks First Nation (Little Salmon/Carmacks), where the Supreme Court determined that an individual member of Little Salmon/Carmacks First Nation “was not, as an individual, a necessary party to the consultation,” although that individual benefited from the collective interest of the First Nation.23" https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/201917E
SCHEDULE 'E', APPENDIX 1 PAGE46 4 2021-03-12 other agencies or development project proponents. This is done under various acts of legislation (e.g. the Environmental Assessment Act, see Appendix A), but the ultimate duty rests always with the Crown. CVC, as a non-Crown entity,5 will faithfully carry out its obligations for consultation and accommodation which may be delegated for specific projects from time to time, as part of the permitting process under Federal or Provincial legislation, and may choose to voluntarily go above and beyond basic legal requirements in doing so;
4.1.10. Corporate coordination – ongoing coordination and communication across teams and departments via the Indigenous Engagement Working Group, including facilitating CVC attendance at Indigenous-led events, supporting CVC Indigenous engagement activities, and the development and review of these Guidelines.
5. Specific Guidelines
5.1. Land Acknowledgement Guideline
5.1.1. CVC will accurately, respectfully, and appropriately acknowledge the past and enduring presence of Indigenous Peoples in the Credit River Watershed. 5.1.2. CVC’s Board of Directors approved (April 2017) an Indigenous Land Acknowledgement that was developed through engagement with Indigenous partners. Through additional engagement, learning, and lived experience, that Acknowledgement and accompanying directions have been modified and the following Land Acknowledgement and accompanying directions supersede the 2017 Acknowledgement:
Land Acknowledgement
We acknowledge that the land on which we gather, and the entire Credit River Watershed, is part of the Treaty Lands and Territory of the Mississaugas of the Credit First Nation.
[Specifically, this land is part of Treaty: • No. 14, the Head of the Lake Treaty, • No. 19, the Ajetance Treaty, • Nos. 22 and 23, 12 Mile Creek, 16 Mile Creek, and Credit River Reserves
5 Conservation Authorities do not have an independent authority or legal obligation as the Crown; jurisprudence and the position of Municipalities supports this.
SCHEDULE 'E', APPENDIX 1 PAGE47 5 2021-03-12 • No. 18, the Lake Simcoe-Nottawasaga Treaty with the Chippewas of Lake Huron and Simcoe, ancestors of the Williams Treaties First Nations.]6
The Credit River Watershed is also part of the traditional territory of the Huron-Wendat and Haudenosaunee, and home to many First Nations, Métis, and Inuit Peoples today.
Treaties made with Indigenous Peoples are enduring and include responsibilities for both parties. We affirm that this land and water is our common source of life and we must all share responsibility for its care and stewardship for now and future generations;
5.1.2.1. The purpose of the Acknowledgement is to respectfully and meaningfully acknowledge all Indigenous Peoples and their close connection to the land and water of ancestral inhabitation;
5.1.2.2. The Acknowledgement shall be used at appropriate times so as not to diminish its importance (see Appendix B);
5.1.2.3. The Acknowledgement can be delivered orally or written (e.g. printed on park signage or displayed by electronic means;
5.1.2.4. The approved wording above need not be recited verbatim but the spirit of the Acknowledgement should be meaningfully and genuinely given in the context of the program, event or work that is being done, when possible also acknowledging current or relevant projects, initiatives, or partnerships, while preserving the accuracy of the statements contained therein;
5.1.2.5. Specific staff should be delegated to deliver the Acknowledgement and those staff should undertake mandatory training before delivering the Acknowledgement.
5.2. Honorarium, Compensation, and Gift-giving Guideline
5.2.1. CVCs will consistently and fairly compensate Indigenous Peoples for their participation in a variety of engagement activities.
6 This section in parentheses with Treaty numbers and names is to be modified and read as appropriate – staff delivering the acknowledgement at a specific site should determine the specific Treaty on that site based on GIS layer treaty boundaries.
SCHEDULE 'E', APPENDIX 1 PAGE48 6 2021-03-12 5.2.2. Guidelines for honorariums, compensation, and gift-giving related to Indigenous engagement are as follows (see Appendix C for more information related to general engagement good practices):
5.2.2.1. Honoraria: it is good practice to ask in advance if an honorarium is appropriate or necessary for participation in meetings, ceremony, or other activities, and if so an appropriate and fair honorarium should be paid;
5.2.2.2. Mileage: when appropriate, mileage should be compensated at the corporate rate;
5.2.2.3. Other compensation: if an Indigenous consultant7 or individual acting on behalf of a privately-owned business is retained for participation in meetings, ceremony, or other activities an invoice shall be requested;
5.2.2.4. For guidance related to any other non-monetary compensation or gifts (such as tobacco), ask first for guidance from the Indigenous Elder/Knowledge Keeper or acknowledged Indigenous leader in the group.
5.3. Project Consultation Guideline
5.3.1. CVC will generally conduct project consultation based on the consultation or engagement guidelines8 issued by impacted or potentially impacted Indigenous Nations noted above:
5.3.1.1. Duty to Consult: For any proposed development or action (“project”) on CVC-owned or managed property (including land and water), or where CVC is the project proponent, that may impact Indigenous or Treaty Rights and is triggered by legislation in Appendix A:
5.3.1.1.1.1. CVC will faithfully undertake the delegated Duty to Consult based on guidance from the Crown and impacted Indigenous Nations;
7 Generally, staff should exercise due diligence when selecting Indigenous consultants and seek advice from the Indigenous Engagement Working Group. 8 As of the date of approval of this Guideline.
SCHEDULE 'E', APPENDIX 1 PAGE49 7 2021-03-12 5.3.1.1.1.2. CVC will undertake consultation activities with impacted Indigenous Nations as appropriate to the specific project;
5.3.1.1.1.3. Specific consultation activities will be based on the context of the project and the impacted or potentially impacted Indigenous Nations, considering both the potential impact of the project and strength of claim of the Indigenous Nation (see Appendix D);
5.3.1.2. Voluntary project engagement: CVC will generally seek out voluntary engagement opportunities and relationship-building activities above and beyond the delegated Duty to Consult with impacted or potentially impacted Indigenous Nations, including:
5.3.1.2.1. CVC will compile and present an annual Project List of upcoming and ongoing projects for information to the Mississaugas of the Credit First Nation Department of Consultation and Accommodation (DOCA) as part of our existing and ongoing commitment to relationship building;
5.3.1.2.2. The annual Project List may be circulated to other interested Indigenous Nations based on the context of the project(s);
5.3.1.2.3. The annual Project List for the coming year will be compiled and presented by September for timely review; CVC may also present the Project List to Mississaugas of the Credit First Nation Band Council if requested;
5.3.1.2.4. Following review of the Project List, CVC and DOCA will share feedback and discussion on voluntary engagement processes for the upcoming year;
5.3.1.3. Record keeping: In all cases, CVC (project manager or engagement lead or lead consultant) will keep a full Record of Consultation and communication related to the project.
6. Other Recommendations
6.1. CVC should develop and implement mandatory training for any CVC staff delivering the Land Acknowledgement;
SCHEDULE 'E', APPENDIX 1 PAGE50 8 2021-03-12 6.2. CVC should support the formation of an Elders’ Circle to provide ongoing advice and guidance related to Indigenous engagement for CVC, building on CVC’s growing experience participating in indigenous-led committees, groups, meetings, and other governance structures (e.g. Credit Valley Trail Indigenous Roundtable);
6.3. These Guidelines, developed by CVC staff, have been and should continue to be reviewed and informed by engagement with Indigenous Nations, Communities, and/or Peoples;
6.4. These Guidelines should be endorsed by the Board of Directors, with subsequent revisions approved by CAO/Directors. The Guidelines should be reviewed and updated by the Indigenous Engagement Working Group at minimum every two years, or as required by changes in policy or legislation.
SCHEDULE 'E', APPENDIX 1 PAGE51 9 2021-03-12
Appendix A: Relevant Legislation
Government of Canada (Federal Crown) Legislation9 Guidance or Delegated Element of Crown’s Duty to Consult and Accommodate10
Canadian Projects under Federal legislative jurisdiction requiring an Environmental Environmental Assessment (as designated under Regulations Assessment Act Designating Physical Activities - Oil/Gas, Rail, Marine, Nuclear, etc.) may require proponents to undertake procedural elements of the Crown’s Duty to Consult and Accommodate.
Fisheries Act Authorizations under the Fisheries Act require that adverse effects of decisions on the rights of Indigenous peoples of Canada are considered. In determining impacts, the Department of Fisheries and Oceans may use consultation processes and accommodation measures carried out by its partners to assist it in meeting its commitments and responsibilities.
Canadian Navigable Certain major projects affecting listed navigable waters (i.e. Waters Act Lake Ontario) require authorizations from Transport Canada. If a proposed work triggers the legal duty to consult with Indigenous groups, proponents may need to provide detailed information necessary to ensure consultations are adequate.
Other Federal Legislation affecting CVC with no specific delegated Duty to Consult currently identified:
▪ Canadian Environmental Protection Act ▪ Species at Risk Act
▪ Migratory Birds Convention Act
9 See AMO paper on municipal role in delegated duty to consult and accommodate: https://www.amo.on.ca/AMO- PDFs/Reports/2019/AMO-Discussion-Paper-Municipal-Governments-and-the.aspx 10 Note that this information has not been provided for all relevant legislation at this time. Additional information will be added as necessary.
SCHEDULE 'E', APPENDIX 1 PAGE 1052 2021-03-12
Province of Ontario (Provincial Crown) Legislation11 Guidance or Delegated Element of Crown’s Duty to Consult and Accommodate12 Provincial Policy Part IV: “The Province’s rich cultural diversity is one of its Statement distinctive and defining features. Indigenous communities have a unique relationship with the land and its resources, which continues to shape the history and economy of the Province today. Ontario recognizes the unique role Indigenous communities have in land use planning and development, and the contribution of Indigenous communities’ perspectives and traditional knowledge to land use planning decisions. The Province recognizes the importance of consulting with Aboriginal communities on planning matters that may affect their section 35 Aboriginal or treaty rights. Planning authorities are encouraged to build constructive, cooperative relationships through meaningful engagement with Indigenous communities to facilitate knowledge-sharing in land use planning processes and inform decision-making.”
1.2.2: “Planning authorities shall engage with Indigenous communities and coordinate on land use planning matters.”
2.6.5: “Planning authorities shall engage with Indigenous communities and consider their interests when identifying, protecting and managing cultural heritage and archaeological resources.”
4.3: “4.3 This Provincial Policy Statement shall be implemented in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982.”
Environmental Consultation with relevant Indigenous communities by a Assessment Act proponent is required for projects under an Individual or Class Environmental Assessment (EA). The Conservation Ontario Class EA for Remedial Flood and Erosion Control Projects (June 2013) contains direction for Conservation Authorities on Indigenous consultation expectations.
11 See AMO paper on municipal role in delegated duty to consult and accommodate: https://www.amo.on.ca/AMO- PDFs/Reports/2019/AMO-Discussion-Paper-Municipal-Governments-and-the.aspx 12 Note that this information has not been provided for all relevant legislation at this time. Additional information will be added as necessary.
SCHEDULE 'E', APPENDIX 1 PAGE 1153 2021-03-12 Public Lands Act For work affecting Crown Lands, including the beds of navigable bodies of water, a Work Permits under the PLA are required from the Ministry of Natural Resources and Forestry. Policy guidance for Work Permits ensures that the obligations for Duty to Consult must be met prior to issuance.
Lakes and Rivers Applications for approvals under the LRIA may trigger the Improvement Act Crown’s duty to consult. The Crown may delegate certain procedural aspects of its duty to consult to LRIA applicants. Applicants are encouraged to work closely with the Ministry when seeking LRIA approvals and to engage local First Nations and Métis communities as early as possible in project planning.
Clean Water Act It is the Provincial Government’s intention to mandate that Source Protection Committees consult with First Nation communities in their source protection areas and solicit their participation in the process, either through working groups or as members of the Source Protection Committee.
Crown Forestry The Forest Management Planning Manual provides direction Sustainability Act on First Nation and Metis involvement and consultation in forest management planning on designated management units in Ontario’s Crown forests.
Other Provincial Legislation affecting CVC with no specific delegated Duty to Consult currently identified:
▪ Environmental Protection Act ▪ Endangered Species Act ▪ Safe Drinking Water Act ▪ Ontario Water Resources Act ▪ Fish and Wildlife Conservation Act ▪ Conservation Land Act ▪ Pesticides Act ▪ Drainage Act ▪ Nutrient Management Act ▪ Ontario Heritage Act ▪ Greenbelt Act & Greenbelt Plan ▪ Oak Ridges Moraine Conservation Act ▪ Niagara Escarpment Planning and Development Act
NOTE: The Province of Ontario maintains draft guidelines entitled: “Draft guidelines for ministries on consultation with Aboriginal peoples related to Aboriginal rights and treaty rights:” https://www.ontario.ca/page/draft-guidelines-ministries- consultation-aboriginal-peoples-related-aboriginal-rights-and-treaty
These draft guidelines date from 2006 and contain no specific guidance for agencies or municipalities in any delegated duty.
SCHEDULE 'E', APPENDIX 1 PAGE 1254 2021-03-12 Appendix B: Guidelines for use of the Land Acknowledgement
Event Yes No Maybe Comment/Explanation Type/Place
Public Meeting x CVC Board AGM; Formal public meeting not held as part of a Board meeting (standalone)
Signature x CVCF Gala; Credit Awards; Event
Ribbon cutting x Formal opening of new facility/trail where appropriate
MP/MPP/LG x Where CVC is the host/organizer and an attended event MP/MPP/LG attends (formal setting)
Indigenous x This includes First Nations, Metis and Inuit; person The person would have a formal role in the participant in event event
Workshop x Sharing information generally about programs and services
Staff meeting x Internal staff
Education x Where appropriate (example in context at Maple Syrup Fest – written);
School group – where it would be in context
Community x If remarks delivered by a locally elected Event representative as part of formal agenda
Signage x The option to include the acknowledgement, or a visual adaption thereof, on key staging signage at the parks
Facility x A fixed printed acknowledgement may be approved where appropriate
SCHEDULE 'E', APPENDIX 1 PAGE 1355 2021-03-12
Appendix C: Additional Good Practices for engaging, collaborating, and partnering with Indigenous Nations, communities, and people:
Non-Indigenous persons engaging with Indigenous Nations, Communities, and Peoples should make efforts to listen, ask questions, and learn about Indigenous culture and protocol. Some good practices for meetings and engagement include:
1. Ask and seek guidance: For guidance regarding meeting protocols, including structure, ceremonial practices, agendas, timing, record keeping, attendees, or any other matters it is crucial to ask or discuss with the identified Indigenous Elder/knowledge Keeper or otherwise acknowledged Indigenous leader present at the meeting; alternately, guidance can be sought from other contacts in the Indigenous community, from the Credit Valley Trail Indigenous Roundtable, or CVC’s Indigenous Engagement Working Group, if appropriate; 2. Timing: meaningful engagement, including building strong, long-term, and supporting relationships, takes time – allocate enough time in meetings, project plans and schedules to engage and build relationships for the long-term; 3. Hospitality: When hosting meetings and gatherings it is important to practice good hospitality, including welcoming individuals, welcoming the group, and providing healthy food and refreshments; 4. Acknowledgement: Ensure that a non-Indigenous group leader shares a Land Acknowledgement; 5. Ceremony: Learn about Indigenous ceremony and participate as appropriate - Ceremony to begin a meeting or gathering is common, for example a smudge done by the Indigenous Elder/knowledge Keeper or otherwise acknowledged Indigenous leader present at the meeting; 6. Introductions: Roundtable introductions to begin meetings and gatherings are important; the meeting leader should start and determine the direction of the roundtable and participants should listen and take cues from other participants – it is often appropriate for introductions include a mix of professional and personal information; 7. Agenda: Have an agenda but take into account improvisation and ensure the agenda items for discussion or any decisions that need to be made are determined by the participants; after the meeting communicate back the major items discussed, any decisions made and next steps; 8. Gifts: Tobacco or other gifts may be offered but always defer to the Indigenous Elder/knowledge Keeper or otherwise acknowledged Indigenous leader present at the meeting.
SCHEDULE 'E', APPENDIX 1 PAGE 1456 2021-03-12 Appendix D – Consultation Activities Based on Project Context
Strength of claim: High Strength of claim: Low
Potential Arrange an in-person meeting to share Provide adequate notice and impact: information status updates High Establish a workplan and budget, where Disclose relevant information appropriate including other involved/impacted Establish an agreement for FLR involvement in stakeholders project assessments where appropriate Discuss issues raised in Ensure effective communication and response to notice transparency including providing related and technical documents for review Demonstrate where and how any accommodation has Establish review criteria, including follow-up occurred as a result of protocol to navigate issues, concerns resolution consultation
Establish Accommodation Agreement(s) where Enter into a Memorandum of appropriate Understanding or Long-Term Relationship Agreement where Enter into a Memorandum of Understanding or appropriate Long-Term Relationship Agreement where appropriate
Potential Provide adequate notice and status updates Provide adequate notice and impact: status updates Low Disclose relevant information including other involved/impacted stakeholders Disclose relevant information including other Discuss issues raised in response to notice involved/impacted stakeholders Follow-up with technical reports Discuss issues raised in Come to an agreement for FLR involvement in response to notice project assessments if necessary
Follow-up with conclusion of study/report/planning
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SCHEDULE ‘F’ PAGE -1- 2021-03-12
TO: The Chair and Members of the Board of Directors, Credit Valley Conservation
SUBJECT: BUSINESS CONTINUITY ANALYSIS #8 DUE TO COVID- 19 PANDEMIC
PURPOSE: To inform the Board of Directors of CVC of the impact of COVID-19 Pandemic provincial directions on the business areas of CVC.
BACKGROUND:
At its meetings of April 17th, May 8th, June 12th, July 10th, and September 11th the CVC Board of Directors received In-Camera reports (Resolutions #43/20, #51/20, #59/20, #71/20, and #84/20) reporting on corporate business continuity matters. Public reports regarding business continuity were provided at the October 16th, and December 11th, 2020 CVC Board meetings (Resolution #92/20 and #119/20) once staffing implications were no longer at issue. All these reports outlined the impact of COVID-19 on the staffing, budget and operations of Credit Valley Conservation.
Since December 26th, 2020 the province returned to stay at home orders as a second wave of COVID took over Ontario with Peel once again being among the worst hit regions. Essential businesses were defined as they had done at the beginning of the pandemic, to identify those not subject to the stay at home order. Peel remains in stay at home status to March 8, 2021. On Monday March 8th Peel Region will then move to the grey-lockdown level.
On February 16, 2021 Wellington-Dufferin-Guelph and Halton Region Health units returned to the provincial framework entering the red-control level allowing more services to restart.
This report provides an update for the Board including actual results where possible to the end of February 2021 focusing on staff, revenues and program delivery.
ANALYSIS:
CVC has acted in response to the measures put in place first by Peel Region and then subsequently in compliance with the new Provincial Response Framework and Stay at Home Orders. The following sections outline our business areas, effects of COVID-19 and highlight some of our activities.
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SCHEDULE ‘F’ PAGE -2- 2021-03-12
Returning to Work From Home (WFH) CVC ended the in-office cohort rotation we had initiated at the beginning of September as of November 15th given that both CVC’s Head Office (in Mississauga) and Warwick Office (in Caledon) are situated in Peel Region where COVID restrictions were the strictest in Ontario. The work from home (WFH) model continued into the new year with the stay at home orders but functionally made no difference to how we were already operating. WFH will be continued until July 5th with an update provided to staff in May regarding next steps at that time.
Essential staff as defined in the orders continue to access head office and the Warwick facilities as needed. Staff that were deemed necessary for every day access include IT and facilities personnel and staff for whom it is necessary to have regular access include Flood Duty, Finance and HR personnel.
A variety of policies, measures and procedures that had been put in place for the office cohort model continue to be in place to ensure a safe work environment for the limited number of staff for whom it is necessary to be in the office. Staff coming into the office or those working in the field are required to undertake a self-assessment of health and document on an COVID-19 application that has been built on TEAMS for their use. The application also allows them to record the locations they have been and the people that they have interacted with. At this time there are no in person meetings permitted between staff and outside clients in our offices.
CVC Business Areas – Updated Overview CVC business areas with new or changing conditions are assessed in the following paragraphs to outline potential impacts. As has been our practice, we will offer a brief situational analysis as to the scope of work and potential impact on staffing and programs. Our Corporate Planning Team continues to meet weekly to coordinate our responses and address operational concerns though a variety of subcommittees.
a) Conservation Areas Situation: Only two of CVC’s active conservation areas are operated in the winter, Island Lake and Terra Cotta. Belfountain and Badlands are closed and the others are accessible to visitors but not actively managed.
Impact: PARCS are providing a 2020 update report (Schedule ‘B’) at this meeting so our focus is for 2021. While it is still early in the year, it is clear that the visitation as evidenced by gate, membership and rental revenue (visitor numbers are not available yet) shown in Table 1 continues to exceed expectations.
Table 1: Revenue Comparison 2020 to 2021 Jan 1 - Feb 28th Island Lake Terra Cotta CA memberships 2021 $101,288 $55,374 $33,334 2020 $83,962 $23,247 $16,406 % change +21% +138% +103%
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Staff have increased winter activities at both parks including ice fishing, crockicurl, cross country skiing, snowshoeing, kick-sledding, skating trails and reservable skating pods.
Maple syrup festivals have been cancelled and with them any expenses for staff and entertainment that might have been incurred.
Ice Fishing
Skating Trail 60
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Crockicurl
Kick-sledding 61
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Skating at Terra Cotta
Additional casual staffing and security are being planned to support the expected demands this spring and summer. b) Capital Construction Situation: CVC has a number of major maintenance and new construction projects in the works over the year in parks, facilities and water management infrastructure.
Impact: Following the Provincial Stay-at-Home order in December 2020 all active CVC construction field work ceased, as they were deemed non-essential under the defining regulation. Capital Projects field staff instead shifted workplan focus to support essential property management activities during the shutdown period. On February 16th, the Halton and Wellington-Dufferin Public Health Units reentered the provincial framework as Red Control Zones, which allowed for all classes of construction to restart.
Work on the Island Lake CA covered bridge recommenced February 22nd, and the project is targeted for completion by the end of April.
Capital project planning and design work continued unabated throughout the shutdown period, with a focus on advancing the final design and permitting for Belfountain Phase I implementation (Dam, Channel and Heritage Gardens). A Request for Pre-Qualification of general contractors for Belfountain Phase I was publicly posted in February, with nine (9) submissions received; the Request for Tender package is being assembled for a planned issuance at the end of March in accordance with ICIP funding requirements.
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Planning and design work continued for other key projects, including for: Ken Whillans CA Washroom and Visitor Services Building; Cheltenham Badlands Staff Shelter; Meadowvale Storage Building and Compound; Pilon Sign project, various trail and bridge projects; as well as the Phase III enhanced public realm for Jim Tovey Lakeview CA.
The head office lobby renovation project is being delayed for the second time but is ready to proceed as soon as Peel moves out of stay at home. A design has been completed and contractor selected to undertake the work. c) Field Work Situation: CVC carries out a variety of environmental monitoring including routine monitoring of physical and natural environment, flow for flood forecasting and warning, compliance for storm water systems on contract with municipalities and some for the province as well as monitoring performance of restoration and planting projects.
Impact: Field activities continue to be evaluated by a committee to ensure that they meet criteria to greenlight them. Field work activities are seasonally limited now but efforts are ramping up to prepare for the field season which typically begins in April. d) Credit Valley Conservation Foundation Situation: The CVC Foundation is supported by levy from the municipalities as well as self-generated undesignated funds.
Impact: The Foundation was able to offer an online auction and fund a need in support of the Credit Valley Trail as well as a campaign on Giving Tuesday in late 2020. The grants coordinator remained on 75% assignment to land planning that has been extended through 2021. The gala rescheduled for May of 2021 has now been rescheduled to November 18, 2021 with hopes that we may be able to proceed with perhaps a smaller but ‘return to almost normal’ fundraising activities event. Table 2 shows the results for 2020 compared with 2019. Undesignated funds that typically are generated from the gala and other donations were 55% of 2019’s revenues which is better than expected given cancellation of the major fundraiser. Designated revenues at $710,000 show the impact of COVID on grants compared to 2019 and the budget for 2020. Overall, the foundation achieved only 44% of budget in 2020. The fundraising target for 2021 has been significantly reduced to $1.2 million.
Table 2. CVCF revenues 2019 and 2020 Revenue Type 2019 2020 Designated 1,448,933 710,981 Undesignated 391,566 214,155 Total 1,840,499 925,136 Budget 1,700,000 2,100,000
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SUMMARY:
Heading into 2021 CVC is in a much different position than last spring when the pandemic began. Parks and field crews are prepared with equipment and protocols. Work from home staff have figured out work arounds for most program delivery. Budgets for 2021 were prepared with COVID impacts in mind and given that impacts to revenue in 2020 were offset by savings in expenses we will only focus on budget impacts at mid-year.
Personnel Impacts Table 3 reflects the total number of positions that CVC plans to hire in 2021 as of March 3rd by worker category. Of the 127 positions, 13 casual part-time positions were cancelled largely due to cancellation of the Maple Syrup Festival. An additional four casual part-time positions for longer fixed-term contracts were delayed to a later start date also because of the cancellation of the Maple Syrup Festival. The plan is to now have these positions start in spring (April/May). No other permanent or contract positions are affected by COVID. Additional staffing for the conservation areas is anticipated be required to serve the increased visitation in the coming months.
Table 3. Status of Staffing to March 3rd Worker Category Open Projected Closed On-Hold Cancelled Permanent Full Time 1 0 1 0 0 Contract 4 0 1 0 0 Casual Full Time 42 32 19 0 2 Casual Part Time 2 1 7 4 11 Total Positions 49 33 28 4 13
FINANCIAL IMPLICATIONS:
While COVID continues to impact the work of CVC, budgets and staffing for 2021 have been prepared with pandemic impacts in mind such that a lesser impact on budget is expected. CVC’s budget for 2021 was approved as submitted to all our municipal funders.
CONCLUSION:
CVC has successfully managed the many impacts of the COVID-19 pandemic. Flexibility will be maintained for staff to continue to work from home where possible until at least the beginning of July 2021 in support of public health directives. This will be reevaluated in May. Staff deemed necessary along with parks and field still continue to undertake their duties as assigned.
CVC continues, as it has throughout the pandemic, to provide all programs and services to our residents, clients, partners, vendors and municipal funders.
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RECOMMENDED RESOLUTION:
WHEREAS the COVID-19 pandemic has resulted in office closures and continues to impact some of the authority activities;
THEREFORE BE IT RESOLVED THAT the report entitled “Business Continuity Analysis #8 Due To COVID-19 Pandemic” be received and appended to the minutes of this meeting as Schedule ‘F’; and further
THAT in 2021 staff provide business continuity quarterly updates, or as needed, to the Board for the duration of the pandemic and recovery period.
Submitted by:
______Deborah Martin-Downs Jeff Payne, Deputy CAO and Chief Administrative Officer Director Corporate Services
Recommended by:
______Deborah Martin-Downs Chief Administrative Office INFORMATION ITEM #7.1 PAGE65 1 2021-03-12
BRIEFING NOTE
CREDIT VALLEY CONSERVATION 1255 Old Derry Road, Mississauga, Ontario L5N 6R4 Tel: (905) 670-1615 Fax: (905) 670-2210 1-800-668-5557
March 5, 2021 To: CVC Board of Directors From: Josh Campbell, Director PDS cc Deb Martin-Downs, CAO Re: Bill 245 – Accelerating Access to Justice Act
The purpose of this Brief is to provide the CVC Board of Directors (the Board) a scoped review of Schedules 6 and 10 of Bill 245, which is omnibus legislation proposing various reforms to the province’s administrative law framework for adjudicating environmental and land use planning appeals.
Background
Bill 245, the Accelerating Access to Justice Act, 2021 (the Bill), is omnibus legislation introduced for First Reading in the Ontario Legislature on February 16, 2021. Second Reading and debate on the Bill occurred between February 22 and March 1, 2021. Subsequently, the Bill was referred to the Standing Committee on the Legislative Assembly on March 2, 2021 where is it to be heard by videoconference hearings on March 11 and 12 2021-Mar-04 Notice of Hearings Standing Committee on the Legislative Assembly | Legislative Assembly of Ontario (ola.org) with a deadline for filing written briefs by 7 pm on March 12th. It is important to note, that despite the implications of these and other changes to environmental and planning administrative processes, there is no Environmental Registry of Ontario (ERO) posting - and thus no public comment period is available.
The Bill contains eleven Schedules which propose to amend several provincial laws of general application. Of particular interest to CVC are Schedules 6 and 10 of the Bill. In general, Schedule 6 of the Bill proposes to amalgamate five provincial tribunals into a single entity to be known as the Ontario Land Tribunal (the OLT). Schedule 6 also sets out several new procedural and substantive provisions in relation to OLT proceedings. Schedule 10 of the Bill proposes several amendments to several provincial environmental laws, including the proposed elimination of existing rights of appeal under the Environmental Protection Act (EPA), Ontario Water Resources Act (OWRA), and other statutes.
Details of Bill 245 – Schedules 6 and 10
The following is a brief review of those provisions contained in Schedules 6 and 10 that are most impactful to CVC’s interests:
Schedule 6
Issue: Proposes to amalgamate the five tribunals/boards operating under the Ontario Lands Tribunals (Conservation Review Board (CRB), Environmental Review Tribunal (ERT), Local Planning Appeal Tribunal (LPAT), Mining and Lands Tribunal (MLT), and Board of Negotiation) into a single entity – the Ontario Land Tribunal (OLT).
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CVC staff concern: These five independent Tribunals/Boards currently operated effectively and efficiently under the Ontario Land Tribunals umbrella, each with its own statutory jurisdiction/authority, unique stakeholder and user relationships, and institutional experience and expertise. CVC staff is concerned that combining these Tribunals/Boards into one entity further reduces these relationships, expertise and experienced gained by each independent Tribunal/Board, further transforming adjudicators from ‘specialists’ into ‘generalists’.
Recognizing Conservation Authority (CA) Section 28 permits may now be appealed to the LPAT, and the need for specialized and technical expertise/knowledge to best understand and adjudicate CA permit issues, CVC staff are concerned with the proposed amalgamation of the OLTs tribunals and boards.
Other proposed amendments of interest contained in Schedule 6 of the Bill include:
• limiting non-party participation at OLT public hearings by eliminating their right to make oral submissions (non-parties may only make written submissions); • giving the (new) OLT broad discretion to summarily dismiss a proceeding without holding the hearing or requirement to receive any submissions for the Tribunals consideration (i.e., unilaterally dismiss an appeal on the basis the Tribunal concludes the appeal has no reasonable prospect of success). Schedule 10 Issue: Schedule 10 of the Bill proposes several amendments to several provincial environmental laws, including the proposed elimination of existing rights of appeal under the EPA, OWRA and other statutes.
CVC staff concern: Schedule 10 of the Bill proposes to wholly eliminate appeals to the Minister from decisions made by the new OLT under environmental legislation. For example, at present ERT, LPAT and MLT decisions may be appealed to the Minister on questions of fact or policy. CVC staff is concerned that removing appeals to the Minister eliminates an important safeguard for factual review where necessary – particularly since appeals from these Tribunals/Boards decisions to Divisional Court are restricted to only a question of law.
More detail on the entire Bill may be found on the Ontario Legislative Assembly website at: https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-245.
Additionally, a more detailed review and analysis of Bill 245 Schedules 6 and 10 has been undertaken by the Canadian Environmental Law Association (CELA) and may be found here: https://cela.ca/wp-content/uploads/2021/03/CELA-Brief-Bill-245-March-2-2021.pdf.
Summary and Next Steps
On February 16, 2021 Bill 245 was introduced for First Reading. The Bill contains 2 schedules of particular interest to CVC staff – Schedules 6 and 10. Of most interest are the proposed provisions to amalgamate the 5 Tribunals/Boards under the umbrella of the Ontario Land Tribunals system, and the elimination of existing rights to appeal Tribunal/Board decisions to the Minister.
While there is no avenue for public input on this piece of omnibus legislation (not posted on the ERO for public input), CVC staff will continue to evaluate and provide input to partner agencies (including Conservation Ontario and member municipalities) who may be advocating and/or liaising with the province on this matter and have shared interests. Staff may prepare a submission to the standing committee pending discussions with Conservation Ontario. INFORMATION ITEM #7.2 PAGE67 1 2021-03-12
BRIEFING NOTE
CREDIT VALLEY CONSERVATION 1255 Old Derry Road, Mississauga, Ontario L5N 6R4 Tel: (905) 670-1615 Fax: (905) 670-2210 1-800-668-5557
March 5, 2021 To: CVC Board of Directors From: Josh Campbell, Director PDS cc Deb Martin-Downs, CAO Re: Consultation on Growing the Size of the Greenbelt (ERO Posting no. 019- 3136)
The purpose of this Brief is to provide an overview to the CVC Board of Directors (the ‘Board’) on the Province’s 2021 Consultation on Growing the Size of the Greenbelt.
Background
The Greenbelt Plan The Greenbelt Plan and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, have worked together for over 15 years to provide a framework for where and how growth should be accommodated in southern Ontario. The Greenbelt Area includes lands covered by the policies of the Greenbelt Plan, as well as the Oak Ridges Moraine Conservation Plan and the Niagara Escarpment Plan (see Figure 1).
Established under the Greenbelt Act, 2005, the Greenbelt is a broad band of protected land that: • Protects against the loss and fragmentation of the agricultural land base and supports agriculture as the predominant land use; • Gives protection to the natural heritage and water resource systems that sustain ecological and human health and that form the environmental framework around which major urbanization in south-central Ontario will be organized; • Provides for a diverse range of economic and social activities associated with rural communities, agriculture, tourism, recreation and resource uses; • Builds resilience to and mitigates climate change; and • Allows critical new infrastructure and upgrades to existing infrastructure needed to serve the substantial growth projected for the Greater Golden Horseshoe, to be permitted subject to strong environmental conditions.
2015 Provincial Plan Review At its September 16, 2016 Board meeting, CVC staff provided a report to the Board titled ‘2015 Provincial Coordinated Land Use Coordinated Review’. Among other items, the report provided an update and recommended comments for the Board for endorsement and including some related to the Growing the Greenbelt (Natural Heritage and Water Systems) initiative. The Board received the report and endorsed sending the province CVC staff’s recommended comments through Board Resolution no. 67/16.
Credit Valley Conservation staff’s comments regarding Growing the Greenbelt focused on general support for growing the Greenbelt to protect natural heritage and water resource systems on a watershed basis, inclusion of Provincially Significant Coastal Wetlands into the Greenbelt Natural Heritage System (NHS) mapping (e.g., Rattray Marsh), as well as to include provisions in the Greenbelt Plan to allow for privately owned urban river valley (URV) lands to be included in the plan INFORMATION ITEM #7.2 PAGE68 2 2021-03-12 area – where landowners wish to maintain possession but are willing to have lands designated URV. While the province subsequently updated the each of the greenbelt plans to improve consistency and coordination, they did not address these specific CVC staff recommendations.
2021 Growing the Greenbelt On February 17, 2021 the province (Ministry of Municipal Affairs and Housing) posted a Consultation on Growing the Size of the Greenbelt (Environmental Registry of Ontario (ERO) posting no. 019- 3136). The proposal summary states: ‘the Ministry of Municipal Affairs and Housing is seeking feedback on ways to grow the size of the Greenbelt’. While the province is seeking feedback on ways to grow the size and further enhance the quality of the Greenbelt, they are not considering any land removals, land exchanges or policy changes at this time.
The commenting period for this posting closes April 19, 2021.
Consultation Details The province is seeking feedback on ways to grow the size and further enhance the quality of the Greenbelt, with a priority of: i. A study area of lands focused on the Paris Galt Moraine, which is home to critical groundwater resources (see Figure 2); and ii. Soliciting ideas for adding, expanding and further protecting Urban River Valleys (see Figure 3).
The following are the 6 specific principles for this Growing the Greenbelt initiative:
1. No consideration of removal requests or land exchanges; 2. No consideration of policy changes; 3. The addition supports the Greenbelt Plan objectives, vision and goals; 4. The addition follows the existing Greenbelt Plan amendment process; 5. The addition connects physically and/or functionally to the current Greenbelt; and 6. The addition considers impacts on existing provincial priorities.
Initial Focus Areas As highlighted above, the province is initially focused on the following 2 priority areas:
1. A Study Area of the Paris Galt Moraine • The Paris Galt Moraine is an important feature that runs roughly from Caledon in the northeast to Brantford in the southwest. Similar to the Oak Ridges Moraine, it is an area of rolling, hilly terrain that is the headwaters for many rivers and streams flowing off of it. Comprised of sand and gravel deposits, it helps to protect and recharge the groundwater aquifers that provide the basis for a broad range of needs, including drinking water supply for many of the communities, sustaining local ecosystems, and growth and economic management. Moraines allow rain and snowmelt to soak into the ground more rapidly and in much greater amounts than the surrounding, less permeable areas. This process provides a reliable, slowly changing supply of water called baseflow to rivers and streams.
2. Urban River Valleys • The URV designation in the Greenbelt Plan applies to lands in river valleys within an urban context, connecting the Greenbelt’s protected countryside lands to the Great Lakes and inland lakes (e.g., Credit River, Don River, Duffins Creek, Twelve Mile Creek). The policies apply only to publicly owned lands within this designation and are often lands designated in municipal official plans as parks, open space, recreation, conservation and/or environmental protection. The Greenbelt currently includes 21 UVs and associated coastal wetlands. There may be opportunities for INFORMATION ITEM #7.2 PAGE69 3 2021-03-12
additional urban river valleys to be added or existing ones to be expanded to include additional publicly owned land. The government is seeking feedback for adding new or expanding existing URVs, with an initial focus on: • Connections to the Paris Galt Moraine through the Speed and Eramosa Rivers in the urban areas of Guelph and Cambridge • Ideas for adding other municipally supported URVs and/or additions of publicly owned land to existing URVs (e.g., where appropriate increasing the 60-m offset from the water’s edge to include more public valley lands)
While the province’s focus is on the 2 priority areas highlighted above, they have also indicated they would consider input regarding other potential areas to grow the Greenbelt as well as other priorities that should be considered.
CVC Staff Input and Activities As previously highlighted, CVC staff had provided input to the province on the previous Growing the Greenbelt initiative in 2016. Of particular relevance to this current initiative are previously Board endorsed comments related to:
1. support for expanding the Greenbelt on the basis of protecting natural heritage and water resource systems – in particular, those which contribute to, support, and connect key surface and water resource systems within and adjacent to CVC’s jurisdiction (such as the Paris Galt Moraine). 2. including the Rattray Marsh Provincially Significant Coastal Wetland in the Greenbelt Natural Heritage System mapping; 3. in an effort to further recognize key regional and local linkages within the Greenbelt Plan area, further consideration to include portions of municipal NHSs (as contained in approved Official Plans) that are located within the Greenbelt Plan area and extend beyond the existing Greenbelt NHS should occur; and
CVC staff continue to coordinate with Conservation Ontario and adjacent Conservation Authorities to ensure consistent messaging, as well as consult with partner municipalities to support comments they may have on this growing the size of the Greenbelt initiative.
SUMMARY and NEXT STEPS The province is currently consulting on growing the size of the Greenbelt, with a focus on including the Paris Galt Moraine in the Greenbelt Plan area as well as potential for including additional URVs that connect and support the Greenbelt Plan’s objectives. While the initial Greenbelt expansion focus area (Paris Galt Moraine) has no direct hydrological connections to CVC’s jurisdiction, the continued expansion of the Greenbelt Plan area to further connect key natural heritage and supporting water resource systems adjacent to CVC’s jurisdiction is supported.
In 2016, CVC staff provided Board endorsed comments to the province on the 2015 Provincial Plan Review which included specific comments supporting the Growing the Greenbelt initiative – including comments supporting the general concept of Growing the Greenbelt, as well as comments related to including Rattray Marsh Provincially Significant Coastal Wetlands and portions of municipally approved NHSs (within the Greenbelt Plan area, but outside of the Greenbelt NHS) into the Plan.
CVC staff will continue to coordinate with Conservation Ontario and adjacent Conservation Authorities to ensure consistent messaging, as well as consult with partner municipalities to advise and support any comments they may have that are consistent with CVC’s goals and objectives. CVC staff will update the Board before the comment period deadline (April 19, 2021) if any additional comments or issues arise regarding this matter as necessary. INFORMATION ITEM #7.2 PAGE70 4 2021-03-12 FIGURE 1.
*Greenbelt Planning Area in CVC’s Jurisdiction (made up of the Greenbelt Plan, Niagara Escarpment Plan, and Oak Ridges Moraine Conservation Plan Areas)
*see Figure 3. for Greenbelt Plan Urban River Valleys INFORMATION ITEM #7.2 PAGE71 5 2021-03-12 FIGURE 2.
Growing the Greenbelt Study Area — Paris Galt Moraine (dark green)
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FIGURE 3.
Greenbelt Urban River Valleys