CORPORATION OF THE TOWN OF SMOOTH ROCK FALLS COMMITTEE OF THE WHOLE / COUNCIL MEETING AGENDA MONDAY, JANUARY 21, 2019, 6:00 PM TO BE HELD IN THE COUNCIL CHAMBERS
1. Call Meeting to Order / Roll Call
2. Declaration of Pecuniary Interest and the General Nature Thereof
3. Approval of Agenda
3.1 Approval of Agenda
4. Petitions and Delegations
4.1. Administration and Finance
4.2. Public Works
4.3. Recreation
5. Mayor's Report
6. Reports from Committees and Municipal Officers
6.1. Administration and Finance
6.1.1. 1/3 Tax Free Exemption For Municipal Elected Officials
6.2. Public Works
6.3. Recreation
7. Correspondence
7.1. Administration and Finance
7.1.1. Request for Support from the Municipality of Mattice - Val Côté
7.1.2. Request for support from the City of Hamilton, the Town of Kearney and the Municipality of South Bruce Peninsula
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7.1.3. Descision regarding cannabis retail stores
7.2. Public Works
7.3. Recreation
7.3.1. Letter from the Smooth Rock Falls Historical Society regarding the Heritage Trust and recognition for Mr. R.H. Holmes
8. Resolutions
9. By-Laws
9.1 2019 Interim Tax By-Law
9.2 By-Law #2019-03; Being a By-Law to authorize the execution of a Lease agreement with College Boreal
10. Unfinished Business
11. Other Business
12. Announcements
13. Closed Session
13.1. Move into Closed
13.1.1. Council move into Closed Session
13.2. A proposed or pending acquisition or disposition of land by the municipality or local board as per section 239 (2) (c) of the Municipal Act 2001.
13.3. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board as per section 239 (2) (e) of the Municipal Act 2001.
13.4. Meeting for the purpose of educating or training the members as per section 239 (3.1) of the Municipal Act 2001.
13.5. Meeting Reconvene
Page 2 of 67 13.5.1. Council meeting reconvene
14. Adjournment
14.1 Adjournment
Page 3 of 67 Page 4 of 67 Town of Smooth Rock Falls
File No: Staff Responsible: Yvan Marchand Item No: AIR - 0992 Prepared For: Council Agenda Date: 21 Jan 2019
RE: 1/3 Tax Free Exemption For Municipal Elected Officials
DESCRIPTION 1/3 Tax Free Exemption For Municipal Elected Officials
RECOMMENDATION BE IT RESOLVED THAT the information on the 1/3 tax free exemption for municipal elected officials be received for information and discussion purposes.
SUMMARY The Federal Government in its budget 2017 (March) contained a legislative change to eliminate the 1/3 tax exemption for elected officials effective starting in 2019. The change received royal assent on June 22, 2017 (Bill C-44). In order to comply with the new legislation from Canada Revenue Agency, administration as moved with the implementation.
Department Manager:
Finance Manager:
City Manager:
CAO RECOMMENDATION: __X__ YES _____ NO
Comments:
Page 5 of 67 be added for discussion
Luc Denault Chief Administrative Officer
Page 6 of 67 Town of Smooth Rock Falls
File No: Staff Responsible: Veronique Dion Item No: AIR - 1006 Prepared For: Council Agenda Date: 21 Jan 2019
RE: Request for Support from the Municipality of Mattice - Val Côté
DESCRIPTION Request for Support from the Municipality of Mattice - Val Côté
RECOMMENDATION Council support resolution #18-190 from the Municipality of Mattice - Val Côté in regards to the requested change of wording of the Council members Declaration of Office.
SUMMARY There are concerns regarding Paragraph 4 of the Declaration of Office. It is said to be outdated, irrelevant to the current political state of affairs and possibly offensive to some.
Department Manager:
Finance Manager:
City Manager:
CAO RECOMMENDATION: __X__ YES _____ NO
Comments: be added to agenda
Page 7 of 67
Luc Denault Chief Administrative Officer
Page 8 of 67 Municipalite de mATU~~; A , Municipality of ~COTE
Sac postal/ P.O. Bag 129, Mattice, Ont. POL 1TO (705) 364-6511 - Fax: (705) 364-6431
Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 1lh Floor Toronto, ON PsG 2E5
Attention: Honourable Steve Clark, Minister
Honourable Minister,
Re: Paragraph 4 of the Declaration of Office
Section 232 of the Municipal Act, 2001 (Ontario) provides that a person cannot take a seat on the council of a municipality until he or she takes the declaration of office on the form established by the Minister for that purpose.
In its current version, the declaration of office contains a statement whereby newly elected members of Council promise and declare their faith and allegiance to the Queen. Said statement is considered by many as irrelevant to the current political state of affairs, while many others find it simply offensive.
The Municipality of Mattice- Val Cote recently passed the enclosed resolution requesting that your Ministry amend paragraph 4 of the Declaration of Office in order to address these very legitimate concerns.
Mayor
Encl. Resolution no. J.8-J.go
Page 9 of 67 Municipalite de mATU~~; A , Municipality of ~COTE
Sac postal/ P.O. Bag 129, Mattice, Ont. POL 1TO (705) 364-6511 - Fax: (705) 364-6431
Meeting no. 18-15 Resolution no. 18-190 Date: December 1oth, 2018
Moved by: Daniel Grenier Seconded by: Steve Brousseau
WHEREAS the requirement for members of municipal Council to be faithful and to bear true allegiance to the Queen is considered by many to be outdated and representative of a different era, and; WHEREAS said requirement can go against or be contrary to an individual's culture, principles and beliefs, and; WHEREAS said requirement presents an obstacle for some individuals who would haye otherwise been willing to run for Council and serve a.t the municipal level of government; NOW THEREFORE BE IT RESOLVED THAT the Ministry of Municipal Affairs and Housing and its Minister modify the wording of paragraph four of the Declaration of Office to make it more inclusive and representative of the times, and; BE IT FURTHER RESOLVED THAT the Ministry consider replacing paragraph four of the Declaration of Office with the following wording: ··1 will be faithful and bear true allegiance to my country, Canada, and to its three founding nations··, and; BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to the Ministry of Municipal Affairs and Housing, to the Premier of Ontario, Doug Ford, to our provincial and federal parliament representatives, Guy Bourgouin and Carol Hughes, and to all Ontario municipalities.
Carried / Defeated Deferred Mayor, Marc Dupuis Presiding Officer
Recorded Vote (unanimous unless indicated below) Name Yeas Neas Absten.tion Dupuis, Marc Brousseau, Steve Grenier, Daniel Lemay, Richard Malenfant, Joyce
Page 10 of 67 Town of Smooth Rock Falls
File No: Staff Responsible: Veronique Dion Item No: AIR - 1004 Prepared For: Council Agenda Date: 21 Jan 2019
RE: Request for support from the City of Hamilton, the Town of Kearney and the Municipality of South Bruce Peninsula
DESCRIPTION Request for support from the City of Hamilton, the Town of Kearney and the Municipality of South Bruce Peninsula
RECOMMENDATION Council support the City of Hamilton, the Town of Kearney and the Municipality of South Bruce Peninsula in their request that a working group be formed to review and perfect the process in which the voters list is created.
SUMMARY The Town of Smooth Rock Falls experiences 172 discrepancies to the voter list during the last elections, this does not include the revisions that where done through voter lookup by electors. The amount of inaccuracies affected over 15% of the voters list that needed to be corrected by the Clerk and the electors and that needed to be reported to MPAC by the Clerk.
Department Manager:
Finance Manager:
City Manager:
CAO RECOMMENDATION: __X__ YES _____ NO
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Comments:
Luc Denault Chief Administrative Officer
Page 12 of 67 City of Hamilton Stephanie Paparella Hamilton City Hall Legislative Coordinator 71 Main Street West, 1st Floor Office of the City Clerk Hamilton, Ontario Phone (905) 546-2424 Ext. 3993 Hamilton Canada L8P 4Y5 Fax # (905) 546-2095 www.hamilton.ca [email protected]
January 3, 2019
Doug Brewer Minister s Chief of Staff Director of Policy Ministry of Finance Ministry of Municipal Affairs Frost Building South, 7th Floor 777 Bay Street, 17th Floor 7 Queen’s Park Crescent Toronto, ON Toronto, ON M5G 2E5 M7A 1Y7
Carla Y. Nell Angela Morgan, CMO, AOMC Vice President, Municipal and Stakeholder President Relations AM CTO Municipal Property Assessment Corporation 2680 Skymark Avenue 1340 Pickering Parkway, Suite 101 Mississauga, ON Pickering, ON L4W 5L6 L1V0C4
Stephane Perrault Greg Essensa Chief Electoral Officer of Canada Chief Electoral Office of Ontario Elections Canada Elections Ontario 30 Victoria Street 51 Rolark Drive Gatineau, Quebec Toronto ON K1A0M6 M1R3B1
Please be advised that Hamilton City Council at its meeting of December 19, 2018, approved Item 7.3, which reads as follows:
7.3 Maintaining the Voters" List for Municipal Elections
WHEREAS, concerns over the quality of the Municipal Voters List is not a new phenomenon;
WHEREAS, in 2012, the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) published a Voters List Position Paper and since that time has been advocating for transformational changes to the way that Ontario creates and maintains the Voters’ List for municipal elections;
WHEREAS, the Preliminary List of Electors, which forms the Voters’ List in Ontario, is supplied by data from the Municipal Property Assessment Corporation (MPAC);
WHEREAS, despite the incremental changes made by MPAC, MPAC has a limited ability to fix the currency and accuracy issues that impairs the current
Page 13 of 67 Maintaining the Voters' List for Municipal Elections Page 2 of 4
process and the Voters List continues to be flawed with data inaccuracies and outdated information; and,
WHEREAS, a transformational solution to the way that the Voters’ List is created and managed is required;
THEREFORE, BE IT RESOLVED:
(a) That the Council of the City of Hamilton supports the re-establishment of the multi-stakeholder working group between the Ministry of Municipal Affairs, Ministry of Finance, AMCTO, MPAC, Elections Canada and Elections Ontario in exploring and identifying ways to create and maintain the Voters List for Municipal Elections;
(b) That Council requests an update be provided from this Voters’ List Working Group on the transformational solutions being discussed;
(c) That representatives from MPAC be invited to a future General Issues Committee meeting to hear the City of Hamilton’s concerns (attached hereto) and advise the City on what steps MPAC will be taking in the future;
(d) That a letter of concerns respecting the Voter’s List for Municipal Elections and a request for investigation be forwarded to the Ombudsman’s Office; and,
(e) That a copy of this motion, respecting the Voter’s List for Municipal Elections be circulated to all municipalities and the Association of Municipalities of Ontario (AMO).
On behalf of Hamilton City Council, we thank you for your consideration respecting this very important matter and look forward to your response.
Sincerely,
Stephanie Paparella Legislative Coordinator Office of the City Clerk
Copied: Paul Dube, Ombudsman of Ontario Jamie McGarvey, President, Association of Municipalities of Ontario All Ontario Municipalities
Page 14 of 67 Maintaining the Voters' List for unicipal Elections Page 3 of 4
The City of Hamilton is looking to the Working Group to find resolutions that would include, but not be limited to, the following matters that were encountered during the 2018 municipal election process:
(a) Neighbours on the same Voter Notification Cards (VNC); (b) Polling locations not matching the address; (c) Incorrect mailing addresses; (d) Electors showing up at an address who had never lived there; (e) Addresses outside of the polling subdivision; (f) Incorrect names on the VNCs; (g) Entire buildings missed; (h) Completed the EL15 last Election and still not on the Voters List; (i) No units listed in buildings; and, (j) Electors who had lived at their residence for many years not receiving a VNC.
The responsibility of adding the Applications to Amend, Correct and Delete forms has now been downloaded from MPAC to the municipalities. In the case of the City of Hamilton, it required the inputting of over 27,000 applications into the Datafix program; with the legislated deadline for inputting these applications being 30 days from Election Day, which became a very labour intensive and time-consuming task.
Forms that could not be inserted into the Datafix program within the 30-day deadline, were not accepted by MPAC; leaving some of the elector submitted corrections undone and to remain incorrect for the next election.
MPAC has agreed to keep the Voter Look Up program available all year round rather than just in an election year; leaving the obligation of improving the Voters List with the elector and the municipalities.
It was suggested that a campaign be commenced by preparing a drop off card for every household in the city (each municipality would manage their own). This card could include all aspects of adding, correcting and deleting information from the Voters’ List. It should also include how to deal with situational voters such as borders, tenants, family members and students.
After the drop off program has concluded, and in conjunction with the appropriate communications strategy, municipalities should continue, on a quarterly basis, to remind electors to check the Voter Look Up program on their respective municipalities website to ensure their information is correct.
In an election year, this program could be expanded to a monthly basis and include radio and print advertisements to reinforce to the elector that the responsibility of ensuring they are correctly included on the voters list on Election Day is their own.
Page 15 of 67 Maintaining the Voters' List for Municipal Elections Page 4 of 4
Municipalities continue to pay for and use an inaccurate, outdated product (voters list). Unless there is a proactive strategy in place for the preparation of a much more accurate voters list for all municipalities, the same issues will most likely occur in 2022.
Page 16 of 67 Page 17 of 67 Subject: ouncil Reso ution re Voters’ Listfor Municipal Election
Good afternoon,
In light of the recent municipal election, the Council of the Corporation of the Town of Kearney passed the following resolution in regard to the creation, maintenance and general quality of the Municipal Voters’ List: Resolution # 10.(d)(iii)/21/11/2018
WHEREAS concern over the quality of the Municipal Voters’ List is not a new phenomenon; AND WHEREASin 2012, the Associationof MunicipalManagers, Clerks and Treasurers of Ontario (AMCTO)published a "Voters’List Position Paper’ and since that time has been advocating for transfonnationalchanges to the way that Ontario creates and maintains the Voters’ List for municipal elections,‘ AND WHEREASthe Preliminary List of Electors which forms the Voters’ List in Ontario is supplied by data from the MunicipalProperty Assessment Corporation (MPA C); AND WHEREASdespite the incrementalchanges made by MPAC, MPAC has a limitedability to ?x the currency and accuracy issues that impairs the current process and the Voters’ List continues to be ?awed withdata inaccuracies and outdated infonnation; AND WHEREASa transfonnational solution to the way that the Voters’ List is created and managed is required; NOW THEREFOREBE IT RESOLVED that the Council of the Corporation of the Town of Kearney supports the re-establishmentof the multi-stakeholderworking group between the Ministryof
MunicipalAffairs,Ministryof Finance, AMCTO,MPAC and ElectionsOntario in exploring and identifying ways to create and maintain the Voters’List for MunicipalElections; ANDFURTHERCouncilrequests an update be provided from this ‘Voters’List Working Group’on the transformationalsolutions being discussed; AND FURTHERthat this resolution be circulatedto all OntarioMunicipalitiesfor their consideration and support.
CARRIED We hope that this resolution willbe of interest to your Municipality,and that you willsupport forward. this endeavour moving
Sincerely,
Senior Of?ce Assistant Town of Kearney Ph# (705) 636-7752 Fax (705) 636-0527
Page 18 of 67 Town of Smooth Rock Falls
File No: Staff Responsible: Veronique Dion Item No: AIR - 1007 Prepared For: Council Agenda Date: 21 Jan 2019
RE: Descision regarding cannabis retail stores
DESCRIPTION Descision regarding cannabis retail stores
RECOMMENDATION Council reviews the information.
SUMMARY Municipalities have until January 22, 2019 to send a written notification if they do not permit cannabis retail stores in their town.
Department Manager:
Finance Manager:
City Manager:
CAO RECOMMENDATION: __X__ YES _____ NO
Comments: be added to agenda
Page 19 of 67
Luc Denault Chief Administrative Officer
Page 20 of 67 Veronique Dion
From: AGCO Municipal
This e-mail is to notify you that the Alcohol and Gaming Commission of Ontario (AGCO) has not received notice of your decision regarding cannabis retail stores.
All municipalities who are choosing to opt out of permitting cannabis retail stores are required to notify the AGCO Registrar, in writing, of their decision by 11:59 PM EST, January 22, 2019. If the AGCO has not received written notification from a municipality by this date then, by default, private cannabis retail stores may be permitted within that municipality providing all other AGCO licensing eligibility criteria have been met.
The specific requirements for the written opt-out notification are in the attached document.
If your council has already passed a resolution and you have not yet notified the AGCO, please e-mail your notification immediately to [email protected]. As defined in the Cannabis Licence Act, 2018, the notification must be sent directly to the AGCO Registrar. Your municipality’s opt-out decision will not be valid if the notification is sent to the Premier’s Office, Ministry of the Attorney General, Ministry of Municipal Affairs and Housing or any other Ontario Ministry or Agency.
A municipal resolution to opt out of having cannabis retail stores authorized within the boundaries of your municipality is made pursuant to section 41 of the Cannabis Licence Act, 2018, which went into effect on November 16, 2018. Any municipal resolution passed prior to that date does not have the intended effect given that municipalities did not have statutory authority to opt out prior to that date.
If a municipality decides to allow cannabis retail stores within its jurisdiction, they are encouraged to notify the AGCO as soon as possible at [email protected]
IMPORTANT ADDITIONAL INFORMATION: DECEMBER 13, 2019, ONTARIO REGULATION 468/18 ADMENDMENTS ON MUNICIPALITIES
Given the shortage of legal cannabis supply, on December 13, 2018, the Government of Ontario announced amendments to Ontario Regulation 468/18 that included a temporary cap of 25 Cannabis Retail Store Authorizations for April 1, 2019. The amendments also gave the AGCO the mandate to hold a lottery on January 11, 2019, to determine who may apply for the 25 retail stores.
Of significant interest to Ontario municipalities is that the Ontario Regulation 468/18 sets out that these first 25 cannabis retail stores may only be located in a municipality that:
Has chosen not to opt out of permitting cannabis retail stores; and Has a population of 50,000 people or more as identified in the 2016 Ontario census.
The AGCO will publish the results of the lottery held on January 11, 2019, on its website within 24 hours of the lottery completion.
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Page 21 of 67 Although the 25 stores will only be located in municipalities with a population of 50,000 or more, the one-time opt-out date for all municipalities remains January 22, 2019.
For further information regarding the allocation of the 25 retail stores, see the attached document.
FOR MORE INFORMATION
Please submit any questions you may have to [email protected] or (416) 326-8593.
For questions regarding municipal funding for cannabis under the Ontario Cannabis Legalization Implementation Fund, please contact the Ministry of Finance at [email protected]
For additional helpful resources please see the attached document
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Le présent courriel a pour but de vous aviser que la Commission des alcools et des jeux de l’Ontario (la CAJO) n’a reçu aucun avis de votre décision concernant les magasins de vente au détail de cannabis.
Toutes les municipalités qui choisissent de ne pas autoriser l’établissement de magasins de vente au détail de cannabis sont tenues d’aviser le registrateur de la CAJO, par écrit, de leur décision avant 23 h 59 HNE, le 22 janvier 2019. Si la CAJO n’a pas reçu d’avis écrit d’une municipalité à cette date, alors, par défaut, les magasins de vente au détail privés de cannabis peuvent être autorisés dans cette municipalité, à condition que tous les autres critères d’admissibilité de la CAJO aient été respectés.
Les exigences spécifiques pour la notification écrite de refus figurent dans le document ci-joint.
Si votre conseil a déjà adopté une résolution et que vous n’avez pas encore notifié la CAJO, veuillez envoyer immédiatement votre notification par courriel à l’adresse [email protected]. Tel que défini dans la Loi de 2018 sur les licences liées au cannabis, l’avis doit être envoyé directement au registrateur de la CAJO. La décision de refus de votre municipalité ne sera pas valide si l’avis est envoyé au Cabinet du premier ministre, au ministère du Procureur général, au ministère des Affaires municipales et du Logement ou à tout autre ministère ou organisme ontarien.
Une résolution municipale visant à refuser l’établissement de magasins de vente au détail de cannabis dans les limites de votre municipalité est prise en vertu de l’article 41 de la Loi de 2018 sur les licences liées au cannabis, qui est entrée en vigueur le 16 novembre 2018. Toute résolution municipale adoptée avant cette date n’a pas l’effet escompté, étant donné que les municipalités n’avaient pas le pouvoir statutaire de se retirer avant cette date.
Si une municipalité décide d’autoriser l’établissement de magasins de vente au détail de cannabis sur son territoire, elle est encouragée à aviser l’AGCO dès que possible à l’adresse [email protected]
INFORMATIONS COMPLÉMENTAIRES IMPORTANTES: 13 DÉCEMBRE 2019 - MODIFICATIONS DU RÈGLEMENT DE L’ONTARIO 468/18 CONCERNANT LES MUNICIPALITÉS
Compte tenu de la pénurie de cannabis légal, le gouvernement de l’Ontario a annoncé le 13 décembre 2018 des modifications au Règlement de l’Ontario 468/18 qui comprenaient un plafond temporaire de 25 autorisations de magasin de détail de cannabis pour le 1er avril 2019. Les modifications ont également
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Page 22 of 67 donné à la CAJO le mandat de tenir une loterie le 11 janvier 2019 afin de déterminer qui peut faire une demande pour les 25 magasins de vente au détail.
Les municipalités de l’Ontario s’intéressent particulièrement au fait que le Règlement de l’Ontario 468/18 stipule que ces 25 premiers magasins de vente au détail de cannabis ne peuvent être situés que dans une municipalité qui :
a choisi de ne pas refuser d’autoriser les magasins de vente au détail de cannabis; et a une population de 50 000 personnes ou plus, telle qu’identifiée dans le recensement de 2016 en Ontario.
La CAJO publiera les résultats de la loterie du 11 janvier 2019 sur son site Web dans les 24 heures suivant la fin de la loterie.
Bien que les 25 magasins ne seront situés que dans les municipalités de 50 000 habitants ou plus, la date de retrait unique pour toutes les municipalités demeure le 22 janvier 2019.
Pour plus d’informations sur l’attribution des 25 magasins de vente au détail, reportez-vous au document ci- joint.
POUR PLUS D’INFORMATION
Veuillez soumettre toute question à [email protected] ou au 416-326-8593.
Pour toute question concernant le financement municipal pour le cannabis dans le cadre du Fonds ontarien de préparation à la légalisation du cannabis, veuillez communiquer avec le ministère des Finances à [email protected]
Pour d’autres ressources utiles, veuillez consulter le document ci-joint.
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Information confidentielle : Le présent message, ainsi que tout fichier qui y est joint, est envoyé à l'intention exclusive de son ou de ses destinataires; il est de nature confidentielle et peut constituer une information privilégiée. Nous avertissons toute personne autre que le destinataire prévu que l'examen, la retransmission, l'impression, la copie, la distribution ou toute autre utilisation de ce message et de tout fichier qui y est joint est strictement interdit. Si vous n'êtes pas le destinataire prévu, veuillez en aviser immédiatement l'expéditeur par retour de courriel et supprimer ce message et tout document joint de votre système.
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OPTING OUT OF CANNABIS RETAIL STORES
As per Ontario Regulation 468/18, municipalities must notify the AGCO of their decision to opt out by having the municipal Clerk, Chief Administrative Officer or Mayor send the AGCO Registrar written notification that the municipality has passed a resolution prohibiting cannabis retail stores. This written notification must be sent by email to [email protected] and received by the AGCO no later than January 22, 2019.
The notification must include:
1. The official name of the municipality, and; 2. The date the resolution was passed.
Once received, the AGCO will acknowledge receipt by email.
A municipality that decides to prohibit cannabis retail stores may later reverse its decision; however, under the Cannabis Licence Act, 2018, a decision by a municipality to allow cannabis retail stores is final and may not be subsequently reversed.
OPTING IN TO ALLOW RETAIL CANNABIS STORES
If at any time before January 22, 2019, a municipality decides it will allow cannabis retail stores within its jurisdiction they are encouraged to notify the AGCO as soon as possible. Early notification to the AGCO, using the [email protected] email, will not change the earliest date that licensed retail stores may open, which remains April 1, 2019. If the AGCO does not receive written notification from a municipality by January 22, 2019 they will be considered to be allowing cannabis retail stores by default.
INFORMATION FOR ONTARIO MUNICIPALITIES ABOUT CANNABIS RETAIL STORE LICENSING
The maximum 25 Retail Store Authorizations will be allocated in accordance with Ontario Regulation 468/18, which provides for the maximum number of stores in the following Regions:
a. East (Stormont, Dundas and Glengarry, Prescott and Russell, Ottawa, Leeds and Grenville, Lanark, Frontenac, Lennox and Addington, Hastings, Prince Edward, Northumberland, Peterborough, Kawartha Lakes, Simcoe, Muskoka, Haliburton, Renfrew): five (5) stores
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b. GTA (Durham, York, Peel and Halton): six (6) stores c. North (Nipissing, Parry Sound, Sudbury, Greater Sudbury, Timiskaming, Cochrane, Algoma, Thunder Bay, Rainy River, Kenora): two (2) stores d. Toronto: five (5) stores e. West (Dufferin-Wellington, Hamilton, Niagara, Haldimand-Norfolk, Brant, Waterloo, Perth, Oxford, Elgin, Chatham-Kent, Essex, Lambton, Middlesex, Huron, Bruce, Grey, Manitoulin): seven (7) stores
The AGCO has defined 42 municipalities within Ontario with a population minimum of 50,000, based on the 2016 census. In the East Region: City of Barrie, City of Belleville, City of Kawartha Lakes, City of Kingston, City of Ottawa, and City of Peterborough In the GTA Region: Town of Ajax, Town of Aurora, City of Brampton, City of Burlington, Town of Caledon, Municipality of Clarington, Town of Halton Hills, City of Markham, Town of Milton, City of Mississauga, Town of Newmarket, Town of Oakville, City of Oshawa, City of Pickering, Town of Richmond Hill, City of Vaughan, and Town of Whitby In the North Region: City of Greater Sudbury, City of North Bay, City of Sault Ste. Marie, and City of Thunder Bay In the Toronto Region: the City of Toronto In the West Region: City of Brantford, City of Cambridge, Municipality of Chatham-Kent, City of Guelph, City of Hamilton, City of Kitchener, City of London, City of Niagara Falls, Norfolk County, City of Sarnia, City of St. Catharines, City of Waterloo, City of Welland, and City of Windsor
These changes are in effect until December 13, 2019, when Ontario Regulation 468/18 will be amended. Although the initial phase of 25 stores will only be located in municipalities with a minimum population of 50,000, the one-time opt-out date for all municipalities remains January 22, 2019.
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HELPFUL RESOURCES
AGCO’s list of Ontario municipalities prohibiting or allowing cannabis retail stores Ontario Regulation 468/18 Cannabis Retail Store Licensing Expression of Interest Lottery Rules Answers to frequently asked questions on the Cannabis Retail Store Licensing Expression of Interest Lottery Timeline for Cannabis Retail Lottery, Licensing and Store Authorization Process Information about Ontario’s approach to cannabis legalization can be found at ontario.ca/cannabis. For more information about the legalization and regulation of cannabis in Canada, please visit canada.ca/cannabis.
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L’OPTION DE RETRAIT DES MAGASINS DE CANNABIS AU DÉTAIL
Conformément au Règlement de l’Ontario 468/18, les municipalités doivent aviser la CAJO de leur décision de se retirer en demandant au greffier municipal, au directeur de l’administration ou au maire d’envoyer au registrateur de la CAJO un avis écrit indiquant que la municipalité a adopté une résolution interdisant l’établissement les magasins de vente au détail de cannabis sur leur territoire. Cet avis écrit doit être envoyé par courriel à l’adresse [email protected] au plus tard le 22 janvier 2019.
Cet avis doit inclure :
1. le nom officiel de la municipalité; et; 2. la date à laquelle la résolution a été adoptée.
Une fois reçu, la CAJO accusera réception par courriel.
Une municipalité qui décide d’interdire les magasins de vente au détail de cannabis peut par la suite revenir sur sa décision. Toutefois, en vertu de la Loi de 2018 sur les licences liées au cannabis, la décision d’une municipalité d’autoriser la vente au détail de cannabis est finale et ne peut être renversée par la suite.
CHOISIR D’ACCUEILLIR DES MAGASINS DE VENTE AU DÉTAIL DE CANNABIS
Si, à tout moment avant le 22 janvier 2019, une municipalité décide d’autoriser la vente au détail de cannabis sur son territoire, elle est encouragée à en informer la CAJO dès que possible. Cela permettra à la CAJO de traiter les demandes des magasins de détail, d’achever le processus d’avis public et de donner plus de temps aux magasins pour mettre en place leurs activités. Une notification précoce à la CAJO, en utilisant le courriel [email protected], ne changera pas la date d’ouverture des magasins de détail autorisés, qui demeure le 1er avril 2019 au plus tôt.Si la CAJO ne reçoit pas d’avis écrit à cet effet d’une municipalité d’ici le 22 janvier 2019, elle sera considérée par défaut comme ayant autorisé l’établissement de magasins de vente au détail de cannabis.
RENSEIGNEMENTS À L’INTENTION DES MUNICIPALITÉS DE L’ONTARIO AU SUJET DE L’OCTROI DE LICENCES DES MAGASINS DE VENTE AU DÉTAIL DE CANNABIS
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Voici les 25 autorisations de magasins de vente au détail qui seront attribuées conformément au Règlement de l’Ontario 468/18, qui prévoit des magasins dans les régions suivantes :
a. Région de l’Est : (Stormont, Dundas et Glengarry, Prescott et Russell, Ottawa, Leeds et Grenville, Lanark, Frontenac, Lennox et Addington, Hastings, Prince Edward, Northumberland, Peterborough, Kawartha Lakes, Simcoe, Muskoka, Haliburton, Renfrew) : cinq (5) magasins; b. Région du Grand Toronto : (Durham, York, Peel et Halton) : six (6) magasins; c. Région du Nord : (Nipissing, Parry Sound, Sudbury, Grand Sudbury, Timiskaming, Cochrane, Algoma, Thunder Bay, Rainy River, Kenora) : deux (2) magasins; d. Région de Toronto : cinq (5) magasins; et e. Région de l’Ouest : (Dufferin-Wellington, Hamilton, Niagara, Haldimand-Norfolk, Brant, Waterloo, Perth, Oxford, Elgin, Chatham-Kent, Essex, Lambton, Middlesex, Huron, Bruce, Grey, Manitoulin) : sept (7) magasins.
La CAJO a recensé 42 municipalités de l’Ontario ayant une population de 50 000 habitants ou plus, d’après le recensement de 2016. Dans la région de l’Est : Cité de Barrie, Cité de Belleville, Cité de Kawartha Lakes, Cité de Kingston, Ville de Ottawa, Cité de Peterborough Dans la région du Grand Toronto : Ville de Ajax, Ville de Aurora, Cité de Brampton, Cité de Burlington, Ville de Caledon, Municipalité de Clarington, Ville de Halton Hills, Cité de Markham, Ville de Milton, Cité de Mississauga, Ville de Newmarket, Ville de Oakville, Cité de Oshawa, Cité de Pickering, Ville de Richmond Hill, Cité de Vaughan, Ville de Whitby Dans la région du Nord : Cité de Grand Sudbury, Cité de North Bay, Cité de Sault Ste. Marie, Cité de Thunder Bay Dans la région de Toronto : Cité de Toronto Dans la région de l’Ouest : Cité de Brantford, Cité de Cambridge, Municipalité de Chatham-Kent, Cité de Guelph, Cité de Hamilton, Cité de Kitchener, Cité de London, Cité de Niagara Falls, Norfolk County, Cité de Sarnia, Cité de St. Catharines, Cité de Waterloo, Cité de Welland, Cité de Windsor
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Ces modifications sont en vigueur jusqu’au 13 décembre 2019, date à laquelle le Règlement de l’Ontario 468/18 sera modifié. Bien que la phase initiale de 25 magasins ne sera située que dans les municipalités comptant au moins 50 000 habitants, la date de retrait unique pour toutes les municipalités demeure le 22 janvier 2019.
RESSOURCES UTILES
Liste de la CAJO des municipalités de l’Ontario qui interdisent ou autorisent les magasins de vente au détail de cannabis Règlement de l’Ontario 468/18 Octroi de licences pour les magasins de vente au détail de cannabis Règles de la loterie des déclarations d’intérêt Questions fréquentes sur le processus de loterie des déclarations d’intérêt sur la loterie des déclarations d’intérêt pour l’obtention d’une licence d’exploitation d’un magasin de vente au détail de cannabis Échéancier du processus de loterie, de délivrance de licences et d’autorisation pour les magasins de vente au détail de cannabis On peut trouver de l’information sur l’approche de l’Ontario en matière de légalisation du cannabis à ontario.ca/cannabis. Pour de plus amples renseignements sur la légalisation et la réglementation du cannabis au Canada, veuillez consulter le site canada.ca/cannabis.
Page 29 of 67 Page 30 of 67 Town of Smooth Rock Falls
File No: Staff Responsible: Veronique Dion Item No: AIR - 1009 Prepared For: Council Agenda Date: 21 Jan 2019
RE: Letter from the Smooth Rock Falls Historical Society regarding the Heritage Trust and recognition for Mr. R.H. Holmes
DESCRIPTION Letter from the Smooth Rock Falls Historical Society regarding the Heritage Trust and recognition for Mr. R.H. Holmes
RECOMMENDATION the information be received AND FURTHER THAT Council discuss both topics to provide administration with direction.
Department Manager:
Finance Manager:
City Manager:
CAO RECOMMENDATION: __X__ YES _____ NO
Comments: added to agenda
Page 31 of 67
Luc Denault Chief Administrative Officer
Page 32 of 67 Smootfi C]WcR_.Paffs Smootfi C]WcR_.Paffs Jfistorica{ Society Jferitage Centre Societe liistorique de Centre au patrimoine de Smootfi C]WcR_. Paffs Smootli C]WcR_.Paffs !Museum/ !M.usie !P.O. To exist, we have to live; to live, we have to know, to know, we need knowledge; To learn and to know our roots, because without roots, where is life? -Author Unknown January 8, 2019 The Mayor and Council Town of Smooth Rock Falls P.O. Box249 Smooth Rock Falls, ON POL 2BO Re: (a) Heritage Trust- Plaque for Town of Smooth Rock Falls (b) Smooth Rock Falls Arena - Recognition of R.H. "Dick" Holmes I submit the following for your consideration: (a) To commemorate the 90th anniversary of incorporation of our town, I would like to suggest that council apply for a plaque, from the Heritage Trust, to put on display in the parkette (the former site of The Inn Hotel). See attachment (a) showing the wording on plaques for nearby towns. (b) There is a picture at the museum ofRejean Lamy and "Dick" Holmes. Several times when speaking to Rejean about the photo and his contribution to the SRF arena, he always mentions that Richard H. "Dick" Holmes, who played a very big role in getting the arena built, has nothing here to commemorate his part in the construction of our arena. Perhaps a plaque, acknowledging Dick's participation, could be placed at the arena? Rejean Lamy would be able to provide information about this. See attachment (b). Sincerely, ~Sheila A. Jacques Volunteer Curator Smooth Rock Falls Museum 705-338-2939 Atts. Page 33 of 67 https://www.heritagetrust.on.ca The Provincial Plaque Program is the Trust's oldest and perhaps best-known activity. Over 1,280 provincial plaques have been unveiled- including 22 international plaques. The plaques make Ontario's history come alive by telling stories of the people, places and events that helped shape our province. They enrich our sense of place. They also introduce newcomers and visitors to the unique character of each region of the province. Criteria The Provincial Plaque Program is a cost-sharing activity of the Ontario Heritage Trust. Applicants may submit only one application for a single plaque project in any given year. An original1,000-word typed essay or background paper on the proposed subject with a list of sources used in its preparation must be submitted with the application. The Trust does not undertake projects that involve more than one plaque or a series of plaques on a given subject (e.g., a series of plaques along a trail or walking tour route). Note: Applicants should consult with Trust staff before submitting their applications. Every fall, the Trust conducts an approvals process for new plaques. Proposals are reviewed and considered by the Board of Directors according to criteria set out below. Provincial interest is the major criterion by which applications for provincial plaques are assessed. The onus for making the case for the provincial interest of a subject rests with the applicant. Judgments about provincial interest are made within the context of a balanced and comprehensive view of Ontario's past. The following criteria are considered when evaluating provincial interest: • the extent to which a particular subject serves as a good representative example of an important theme in Ontario's heritage; this factor is most significant when few plaques to similar subjects exist within the program • the degree to which the proposed plaque subject is a rare, unique or early example of its type; claims of this sort must be verified by the Trust's research • the contribution that a plaque will make to the promotion and preservation of public awareness of its subject • knowledge of the subject, including the availability and reliability of documentary proof and scholarly opinion that supports the claim of provincial interest Page 34 of 67 • the extent to which a subject is particular to Ontario or exclusively Ontarian; when all other factors are equal, subjects that are unique to Ontario take precedence over those that are more widespread • the suitability of the subject for interpretation by means of a plaque • the availability of a site for the plaque that is historically appropriate • priority will be given to subjects related to under-represented themes or to the Trust's thematic approach Cost-sharing The Provincial Plaque Program is a cost-sharing program. At this time, the Trust asks that each applicant contribute to their project a minimum of $5,000 as well as in-kind support. Private corporations and government agencies are asked to contribute the entire amount. There is no application fee for the program. A commitment to contribute funds should be made by the applicant at the time of application. Payment is not required until after approval of the application and must be received in full prior to the casting of the plaque. The applicant does not acquire any ownership rights to the plaque by making a contribution to its cost. While the contributions of applicants and other sponsors are appreciated and will be acknowledged, only the Ontario Heritage Trust's n~me appears on the credit line of provincial plaques. Successful applicants are also expected to assist in the coordination of a public unveiling event at the local level. Page 35 of 67 (a) Plaques: https://www .heritagetrust.on.ca Founding of Cochrane, The In 1907, the site of Little Lakes Camping Ground was chosen as the junction of two railway lines then under construction, the Temiskaming and Northern Ontario Railway and the National Transcontinental. The town site was renamed in honour of the provincial minister of lands, forests and mines, Francis Cochrane. Location On the grounds of the Ministry of Transportation building, 50 Third Avenue, Cochrane Region: Northern Ontario County/District: District of Cochrane Municipality: Town of Cochrane Founding of Iroquois Falls, The This region's first inhabitants were aboriginal peoples who were attracted by its abundant natural resources and extensive water routes. Europeans arrived in the late 1600s to acquire furs and establish trade with the First Nations. During the early 1900s, Montreal businessman Frank Anson recognized the region's potential for paper manufacturing and, in 1912, he and Shirley Ogilvie were granted a pulpwood concession of over one million acres. Anson oversaw the establishment of Abitibi Power & Paper Company, Limited -the largest newsprint mill in North America at the time. The extension of the Temiskaming and Northern Ontario Railway further supported the development and rapid growth of the area. Initially a company-owned and planned town, Iroquois Falls was incorporated in 1915. The Great Fire of 1916 destroyed a large portion of the town but the community was able to rebuild. In 1920, Anson initiated a beautification program that incorporated some elements of Garden City planning ideals, which remain evident today. Location At the corner of Cambridge Avenue and Synagogue Street, Iroquois Falls Region: Northern Ontario County/District: District of Cochrane Municipality: Town of Iroquois Falls 1 Page 36 of 67 (a} Plaques (can't) Founding of Kapuskasing, The A scheme to settle veterans of the First World War in this vicinity was unsuccessful. It was not until the start of pulp and paper milling operations in the 1920s that Kapuskasing began to develop as an organized community. Location At the Ron Morel Memorial Museum, 25 Millview Road, Kapuskasing Region: Northern Ontario County/District: District of Cochrane Municipality: Town of Kapuskasing *Cochrane, Ontario: Settled in 1908, incorporated Jan. 1, 1910 *Iroquois Falls, Ontario: Established in 1912, incorporated in 1915 *Kapuskasing, Ontario: Established in 1912, incorporated in 1915 Smooth Rock Falls: Settled in 1916, incorporated in 1929 *Information obtained from Wikipedia 2 Page 37 of 67 cb) ~Dick Holmes was the engineer on the construction o(the SRF Arena. Rejean Lamv gives great credit to Dick Holmes for his expertise, hard work and dedication toward this community project. HOLMES, Richard H. -Abitibi Magazine/April 1953/Pg. 31 & photo c Typewritten excerpts from the above-mentioned Abitibi article: - see appendix (b) - Transferring to Provincial Thorold: March 20 saw the exodus of a carload of people consisting of our .... Resident Engineer Townsite Engineer Chairman of the Rink Committee President of the Mattagami Hockey League Past President of the Kinsman Club Executive Member of the Community Club Executive Member of the Recreation Committee, -A farewell party held Friday [March] the 13th On this evening the people of the town gathered at the arena to witness the presentation of several gifts to all those who were leaving. 1) John McNay presented to Dick Holmes, Member of Community Club Executive, a Longines wrist watch from the people of Smooth Rock Falls. 2) Mr. U go Mattiussi presented to Dick Holmes, Chairman of the Rink Committee, a silver tray from the Committee members. 3) Mr. A.E. Wagner presented to Dick Holmes, Resident Engineer, a Ronson combination lighter and cigarette case from the Operating Staff. 4) Mayor L. Shore, presented to Dick Holmes, Townsite Engineer, a wallet from the Members of Council. 5) Messrs. Loubert and Gauthier presented Dick Holmes, Chairman of the Mattagami Hockey League, an electric wall clock from the Intermediate Hockey Club. 6) Mr. Ken Wagner presented Dick Holmes, Executive member of the Recreation Committee, a Parker desk set from the Local Branch of the Canadian Legion. 7) Mr. Don McMaster presented Dick Holmes, Past Chairman of the Kinsmen Club, a Gold Pin and Life Membership to their Club from the members of the Kinsmen Club. 8) Mr. Ed Carey presented to Dick Holmes, Resident Engineer, a set of travelling cups from the Engineering Dept. 9) Mr. P, McCafferty presented to Dick Holmes, a bottle of Crown Royal. 10) Mr. S. A. Graham presented to Dick Holmes, a "handsome cheque" from the Flower & Gift Fund. [Note: it was one man. Richard H Holmes, who held all the positions mentioned above. Arena: On Dec. 17, 1950, the Smooth Rock Falls arena and curling club were opened although constructions were far from finished. -The .first hockey game took place on Dec. 28, 1950. -The SRF Arena was officially opened on Jan. 18, 1952, with more than 1,100 people in attendance. Page 38 of 67 •• I J)PEN LETTER TO THE PRESIDENT SEVENTH ANNUAL MUNICIPAL Dear Mr. Ambridge: BANQUET It was the thought of that twelv. -foot March 20 saw the exodus of a carload radioactive wave washing aro d the of people consisting of our Resident Toronto City Hall (which ·certa· y needs Engineer, Townsite Engineer, Chairman a washing) that made the dee est impres of the Rink Committee, Presiden o t e sion on the minds of M · r J. Adams' Matt agami Hockey League, Past President listeners when he spoke the effects of of the Kinsmen Club, Executive Member atomic warfare on Can ·an cities. In his of the Community Club, Executive Mem capacity as Chief Ins uctor of Civil De er of the RecreaHon Committee and fence for Ontario e was guest of the Room-mate of Poor Sick Shorty Graham. Municipality of oath Rock Falls at Now we don't like to complain, Mr. their Seventh ual Banquet and graph- President, but we sure hate to lose so ically describe the horrors of this kind many people at one time, it's going to be of bombing, sing a film of Hiroshima tough to replace them. Yes sir, it's going and Nagas i as an introduction and a to be tough to replace them, not only from full flow satanical stati:st!cs as a frame the standpoint of what they did for the for the ain portion of his story. Company and the people of this town but Intra uced ·by Mayor L. W. oShore this also from the standpoint of housing accom talk as the climax of a well-planned Members of the Council. Messrs. Loubert modation. Tell me-where are we going eve g as forty representatives of various and Gauthier presented Dick Holmes, to find so many people willing to share community organizations enjoyed the best Chairmm of the Mattagami HJckey the single bed that these people have just in refreshments and food. League, an e!ectric wall clock from the vacatej? Other head-table guests and speakers Intermediate Hockey Club. Mr. Ken One thing we are glad to see is that you were Mr. A. Crealock, District Foretter; Wagner presented Dick Holmes, Executive are keeping them within the confines of Mr. J. Hundevad, Divisional Woods ~e Company and thus this Division's loss Member of the Recreation Committee, a Provincial Thorold's ·gain, also it would Parker desk set from the Local Branch of . 11elfish of us to try to hold them here the Canadian Legion. Mr. Don McMaster • }h they are needed elsewhere. presented Dick Holmes, Past Chairman of - ~ this time, however, we would like to the Kinsmen Club, a Gold Pin and Life llh iie a note of caution. We are aware Membership to their Club from the mem that the Provincial General Manager, Mr. ·bers of the Kinsmen Club. Mr. Ed Carey Hugh O'Leary has much more than a presented to Dick Holmes, Resident Engi passing interest in hockey, having played neer, a set of travelling cups from the on an Allan Cup Team not so many years Engineering Dept. and Mr. P. McCafferty ago; we are also aware that in the Boiler presented to Dick Holmes, a 'bottle of Room ·basement of the Provincial Mill at Crown Royal to fill the travelling cups. Thorold there is a compact and efficient Mr. S. A. Graham presented to Dick ice machine: now it is possible that if Holmes, Room-mate of Poor Sick Shorty, O'Leary, Holmes and the ice machine get a "hmdsome cheque" from the Flower & together ~eless moment, you might Gift Fund. end up with the only Finishing Room in During the week that followed, there the country equipped with a sheet of ice. was much activity all centering around When our friends decided that they farewell parties, however, on Friday, ager; Mr. E. Cash, Dep't of Highway , Mr. must leave us, there was considerable March 20, all the departing executives W. A. P:ant, Resident Manager; . C. moaning and shaking of heads and many, climbed behind the wheel of their Pontiac LeBarron, Deputy Mayor. Mr. rellock many people took sick. However, sufficient and headed for the Niagara Peninsula. discussed the formation of a g ernment people managed to stay healthy long About all that is left to say is "GOOD inspired townsite near Smoot Rock Falls, enough to arrange a farewell party in LUCK DICK, MAY YOUR FUTURE BE while Mr. Plant in mov· g a vote of their honor. This took .place on a most BRIGHT AND PROSPEROUS." thanks for the principal dress, spoke of appropriate evening-Friday, the 13th. the excellent work b · g done by the present council. Mr. Cash (Highways), On this evening the people of the town thinking with a shu der of the weeks to gathered at. the Arena to witness the presentation of several gifts to those who come, had nothing say. were leaving. At this gathering John FAREWELL T LAURIE BABDMAN '!II McNay presented to Dick Holmes, Mem A surprise · f ewell party was held ·by r of Community Club ExeCutive, a his many fri ds, for Laurie Hardman, ongines wrist watch from the people of whJ left S oth Rock Falls for a brief nQfh Rock Falls. Mr. Ugo Mattiussi stop at M treal before col}tinuing his ;~:.n-ted ·.to · es Chairman of tward to Da.housie, New -"Rink cf>Inputtee, a silver tray from the There Mr.. Hardmm will be -cc. 1 ee_l:!lem ers. Mr. A. E. Wagner ------in the Engineering Offices of presented to\ E ick Holmes, Resident Engi Canadi International Paper Company, neer, a Ronson combination lighter and Limit d, another newsprint mill. cigarette case from the Operating Staff. "T e Little Engineer" as he is well Mayor L. Shore, presented to Dick Holmes, known by all in this community, first ownsite Engineer, a wallet from the Interior of our rink. came to Smooth Rock Falls in the spring April, 1953 31 ------ Page 39 of 67 ai-1 FCU ”DI - OF IFOQ’ Q15- .A. T { _} ,,-A _ 0 THE FOUNDlNCr OF K.-‘\PUSK.~\5 I N C ' then uxxdcr ln l?lll the Name Tranacontlnuntal Railwa}. construction. re achud I h‘u pmsent slit; of K-apuskaslng Three years late r durmg the HF: 1 \X/«:»rld \X/-Lu‘the L..ana an government 2:-stablmhx.-d In (hm area ‘.1 pri"0m::r3 of war Can!" and an eixp-cl‘ m t a| Lzrvn L:n xnw.>lu:-uIe- Ihr A agI‘ir'ultuI'al potent!-al of the: lag,' B-; l1. H12 pr l bu n v r 5 cleared 1<1.l' 1d and worked cm th farm In 191"’1 th-L1 Vnl‘:11r‘:.) 5' \l2r‘r1me:nt launuheutl near lure an ambiuous l-aml scttlr,-lm,~.11 SC}.1t;.‘l1lr.‘f r v«:h:ra';-15 The: dxst-ention m':1n1p and 5:-ttleIm;,-z-11 progect V\-"t“l"<‘5 dlsuunliznlled in lQ.:l0. A pulp mil built l _0 _ was the tutvruualmr ‘-:21large‘ mills prldljlhl i g fh.>V\-'b[Jl"lTl[ pulp and C '\1u1U5r= Their prcaprialmrs .~..n-.-urh urfitd tl.1~ lopm am of Bl-apu=;ka:si~g as one of Nurth rn Ont-.11‘: " urnest pl.mm:r.'l Ind.us~.Lra cmT1m.um't'Iv-nrs I A . pa 3 -L‘ R ,5. .. Page 40 of 67 Town of Smooth Rock Falls File No: Staff Responsible: Yvan Marchand Item No: AIR - 1000 Prepared For: Council Agenda Date: 21 Jan 2019 RE: 2019 Interim Tax By-Law DESCRIPTION 2019 Interim Tax By-Law RECOMMENDATION By-Law #2019-01; Being a By-Law to provide for an interim tax levy and the payment of interim taxes for the year 2019 be given a first and second and a third and final reading passed this 21st day of January, 2019. SUMMARY The Town of Smooth Rock Falls passes annually a by-law as per Section 317 of the Municipal Act, c.25, S.O. 2001, to impose interim tax levies based on 50% of the previous year taxation billing, including water, sewer, and landfill permit charges. The first installment will be due February 28th, 2019 while the second installment will be due April 30th, 2019. Department Manager: Finance Manager: City Manager: CAO RECOMMENDATION: __X__ YES _____ NO Page 41 of 67 Comments: Luc Denault Chief Administrative Officer Page 42 of 67 THE CORPORATION OF THE TOWN OF SMOOTH ROCK FALLS BY-LAW NUMBER 2019-01 BEING A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY AND THE PAYMENT OF INTERIM TAXES FOR THE YEAR 2019 WHEREAS Section 317 of the Municipal Act, c.25, S.O. 2001, provides that the Council of a local municipality may pass a by-law to impose an interim levy on the assessment roll for taxation in the current year for property in the municipality rateable for local municipality purposes; AND WHEREAS the Council of the Corporation of the Town of Smooth Rock Falls deems it appropriate to provide for such interim levy on the assessment of property in this municipality; NOW THEREFORE the Municipal Council of the Corporation of the Town of Smooth Rock Falls enacts as follows: 1. Interim tax levies are hereby imposed on the whole of the assessment for real property for all property classes according to the assessment roll for taxation in the current year, and shall be in the amount equal to fifty percent (50%) of the final taxes levied on the property for the previous year. 2. When calculating the total amount of taxes for the current year under paragraph 1, if any taxes for municipal and school purposes were levied on a property for part of the year, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. 3. The said interim tax levy shall become due and payable in Two (2) instalment(s) due and payable as follows: February 28 th , 2019 April 30 th , 2019 (Due dates being the last working day of the month) Non-payment of the amount on the dates stated in accordance with this section shall constitute default. 4. On all taxes of the interim levy which are in default, a penalty of 15% per annum, or 1.25% per month, shall be added on the first day of each and every month the default continues. …/2 Page 43 of 67 By-law Number 2019-01 Page 2 5. Penalties and interest added on all taxes of the interim tax levy in default shall become due and payable and shall be collected forthwith as if the same had originally been imposed and formed part of such unpaid interim tax levy. 6. The Treasurer shall cause to be mailed to the residence or place of business of such person indicated on the last revised assessment roll, a notice specifying the amount of taxes payable. 7. A failure to receive the aforesaid notice in advance of the date for payment of the interim levy or any instalment does not affect the timing of default or the date from which interest shall be imposed. 8. The Treasurer/Tax Collector may accept part payment on account of any taxes due, but such acceptance shall not affect interest under Section 4 of this By-Law. 9. This By-Law shall be deemed to come into force and effect on January 1 st , 2019 and shall apply to properties on the assessment roll for taxation in the current year as listed on that date or which were added to the roll after that date, including properties added after the date this by-law is passed. READ THIS FIRST AND SECOND TIME this 21st day of January, 2019. MAYOR CLERK READ A THIRD AND FINAL TIME this 21st day of January, 2019. MAYOR CLERK Page 44 of 67 Town of Smooth Rock Falls File No: Staff Responsible: Veronique Dion Item No: AIR - 1008 Prepared For: Council Agenda Date: 21 Jan 2019 RE: By-Law #2019-03; Being a By-Law to authorize the execution of a Lease agreement with College Boreal DESCRIPTION By-Law #2019-03; Being a By-Law to authorize the execution of a Lease agreement with College Boreal RECOMMENDATION By-Law #2019-03; Being a By-Law to authorize the execution of a Lease agreement with College Boreal be given a first and second and a third and final reading and hereby passed this 21st day of January, 2019. Department Manager: Finance Manager: City Manager: CAO RECOMMENDATION: __X__ YES _____ NO Comments: Page 45 of 67 Luc Denault Chief Administrative Officer Page 46 of 67 CORPORATION OF THE TOWN OF SMOOTH ROCK FALLS BY-LAW #2018-03 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT WITH COLLEGE BOREAL WHEREAS the Municipal Council of the Corporation of the Town of Smooth Rock Falls deems it desirable to enter into an agreement with College Boreal in order to lease space at the Mattagami Centre. THEREFORE the Council of the Corporation of the Town of Smooth Rock Falls enacts as follows: 1. That the agreement with College Boreal attached hereto and marked Appendix “A” form part of this by-law. 2. That the Mayor and CAO be authorized to execute this agreement on behalf of the Town. 3. This agreement come into force as of January 21, 2019. READ this FIRST and SECOND time this 21st day of January, 2019. ______MAYOR – Michel Arseneault ______CLERK – Véronique Dion READ a THIRD and final time this 21st day of January, 2019. ______MAYOR – Michel Arseneault ______CLERK – Véronique Dion Page 47 of 67 LEASE AGREEMENT THIS AGREEMENT is made on the _____ day of ______, 20_____. BETWEEN: THE CORPORATION OF THE TOWN OF SMOOTH ROCK FALLS (the “Landlord”) AND Le Collège Boréal d’arts appliqués et de technologie (the “Tenant”) WHEREAS the Corporation of the Town of Smooth Rock Falls is the legal owner of the property and building located at 105 Second Avenue in the Town of Smooth Rock Falls in the District of Cochrane in the Province of Ontario otherwise known as the “Mattagami Center”. AND WHEREAS the Corporation of the Town of Smooth Rock Falls has deemed it expedient to enter into an agreement for the leasing of a certain portion of the Mattagami Center as indicated under “Schedule A” of this agreement NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, both parties covenant and agree as follows: 1.1 Basic Terms Article 1 — Basic Terms and Definitions (a) Landlord: THE CORPORATION OF THE TOWN OF SMOOTH ROCK FALLS Address: P.O. Box 249 142 First Avenue Smooth Rock Falls, Ontario P0L 2B0 (b) Tenant: Collège Boréal Address: 21, boulevard Lasalle Sudbury, ON P3A 6B1 (c) Building: The Building in question shall be known as the Mattagami Centre and is located at 105 Second Avenue, in the Town of Smooth Rock Falls. (d) Premises: The office areas in question consists of approximately 250 Square Feet of exclusive space and approximately 360 Square Feet of common area space as set out in the attached Schedule “A” to this Lease for the period of July 1st, 2018 to June 30th, 2021. (e) Term: Commencement Date: July 1st, 2018 subject to Section 2.3 for the office areas identified in the attached Schedule “A”. End of Term: June 30th, 2021 subject to Section 2.3 and 2.4 for the office areas identified in the attached Schedule “A”. (f) Basic Rent (Section 3.2): $556 per month plus HST for the office areas identified in the attached Schedule “A”. Such Base rent includes heat, hydro, snow removal, janitorial services, and parking. Page 48 of 67 Summary of cost: Start July 1st, 2018 July 1st, 2019 July 1st, 2020 End June 30th, 2019 June 30th, 2020 June 30th, 2021 Cost/square feet $10.93 $10.93 $10.93 Dimension (square feet) 610 610 610 Annual cost $6,668 $6,668 $6,668 Monthly cost (HST extra) $556 $556 $556 (g) Permitted Use: Office Space (h) Schedules forming part of this Lease: Schedule “A” Plan of Premises Schedule “B” Rules and Regulations 1.2 Definitions In this Lease, unless there is something in the subject matter or context inconsistent therewith, the following terms have the following respective meanings: (a) “Additional Rent” means payments for utilities other than heat or hydro, and all other amounts, excluding Basic Rent and Rental Taxes, payable by the Tenant in accordance with this Lease; (b) “Basic Rent” means the basic rent payable by the Tenant pursuant to Section 3.2 and set out in Section 1.1(f); (c) “Building” means the building located at the address set out in Section 1.1(c); (d) “Commencement Date” means the date set out in Section 1.1(e), as such may be varied pursuant to the terms of this Lease; (e) “Common Areas” means those areas, facilities, utilities, improvements, equipment and installations in, adjacent to, or outside the Building which serve or are for the benefit of the Building, which do not comprise part of the Premises and which, from time to time, are not designated or intended by the Landlord to be for the Landlord’s exclusive use, and are not designated or intended by the Landlord to be leased to the Tenant or any other tenants of the Building, and which include all corridors, hallways, lobbies, elevators and stairwells, all pedestrian walkways and sidewalks, all landscaped areas, the roof and exterior walls of the Building, exterior and interior structural elements and walls of the Building, common washrooms, all parking and loading areas (including entrances and exits), all access ways, truck courts, driveways, delivery passages, loading docks and related areas, all electrical, telephone, meter, valve, mechanical, mail, storage, service and janitorial rooms, all fire prevention, security and communication systems, and generally all areas forming part of the Lands and Building which do not constitute rented or rentable premises; (f) “Event of Default” has the meaning set out in Section 11.1; (g) “Lands” means the lands described in Section 1.1(c) and all rights and easements which are or may hereafter be appurtenant thereto; (h) “Lease” means this lease and all the terms, covenants and conditions set out herein (including all schedules), as amended from time to time in accordance with the terms hereof; (i) “Lease Year” means, initially, the period commencing on the Page 49 of 67 Commencement Date and ending on the last day of the month set out in Section 1.1(e); thereafter, each Lease Year shall consist of a period of twelve (12) consecutive months, provided that the last Lease Year of the Term shall in any event end on the expiry date of the Term. The Landlord may change the Lease Year from time to time; (j) “Mortgage” means any mortgage or charge of any one or more of, or any part of, the Lands, the Building, and/or the Landlord’s interest in this Lease, from time to time, whether made or assumed by the Landlord; (k) “Mortgagee” means the holder of any Mortgage from time to time; (l) “Normal Business Hours” has the meaning set out in Section 4.2; (m) “Premises” means that portion of the Building illustrated in Schedule “A”, as identified in Section 1.1(d) and all rights and easements appurtenant thereto; (n) “Realty Taxes” means all property taxes, rates, duties and assessments (including local improvement rates), import charges or levies, whether general or special, that are levied, charged or assessed from time to time by any lawful authority, whether federal, provincial, municipal, school or otherwise, and any taxes payable by the Landlord which are imposed in lieu of, or in addition to, any such real property taxes, whether of the foregoing character or not, and whether or not in existence at the commencement of the Term, and any such property taxes levied or assessed against the Landlord on account of its ownership of the Building or its interest therein, but specifically excluding any taxes assessed on the income of the Landlord; (o) “Rent” means all Basic Rent and Additional Rent; (p) “Rental Taxes” means any and all taxes or duties imposed on the Landlord or the Tenant measured by or based in whole or in part on the Rent payable under the Lease, whether existing at the date hereof or hereinafter imposed by any governmental authority, including, without limitation, value added tax, business transfer tax, retail sales tax, harmonized sales tax (H.S.T.), federal sales tax, excise taxes or duties, or any tax similar to any of the foregoing; (q) “Rules and Regulations” means the rules and regulations as described in Section 4.6; (r) “Term” means the period specified in Section 1.1(e); (s) “Transfer” means an assignment of this Lease in whole or in part, a sublease of all or any part of the Premises, any transaction whereby the rights of the Tenant under this Lease or to the Premises are transferred to another person, any transaction by which any right of use or occupancy of all or any part of the Premises is shared with or conferred on any person, any mortgage, charge or encumbrance of this Lease or the Premises or any part thereof, or any transaction or occurrence whatsoever which has changed or will change the identity of the person having lawful use or occupancy of any part of the Premises; (t) “Transferee” means any person or entity to whom a Transfer is or is to be made. 2.1 Demise Article 2 — Demise and Term In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Landlord demises and leases to the Tenant, and the Tenant rents from the Landlord, the Premises. The Tenant acknowledges having inspected the Premises and accepts the same on an “as Page 50 of 67 is” basis. 2.2 Measurement The Tenant acknowledges having inspected the area of the Premises described herein and accepts the area of the Premises as exists as of the Commencement Date of this Lease, and as estimated as set out in Section 1.1(d). 2.3 Term The Term shall commence on the Commencement Date, run for the period set out in Section 1.1(e), and end on the date set out in Section 1.1(e), unless terminated earlier pursuant to this Lease. Should the Tenant be delayed by any fault of the Landlord or any other reason (other than the fault of the Tenant) in taking possession of the Premises on the Commencement Date, then and only then shall the Commencement Date and the Term be postponed for the same number of days that the Tenant is delayed in taking possession of the Premises. Such postponement shall be full settlement of any claims the Tenant might have against the Landlord for such delay. 2.4 Early Termination The contract may be cancelled by either party on 90 days written notice at any time prior to the end of the contract term set out in Section 1.1(e). 2.5 Over holding If, at the expiration of the initial Term or any subsequent renewal or extension, the Tenant shall continue to occupy the Premises without further written agreement, there shall be no tacit renewal of this Lease, and the tenancy of the Tenant thereafter shall be from month to month only and may be terminated by either party on one (1) month’s notice. Rent shall be payable in advance on the first day of each month in an amount equal to the sum of two hundred percent (200%) of the monthly instalment of Basic Rent payable during the last year of the Term and one twelfth (1/12) of all Additional Rent charges herein provided for, determined in the same manner as if the Lease had been renewed. All terms and conditions of this Lease shall, so far as applicable, apply to such monthly tenancy. Article 3 — Rent 3.1 Covenant to Pay The Tenant covenants to pay Rent as provided in this Lease. The Tenant shall pay, as Additional Rent, all charges, impositions and expenses of every nature and kind relating to the Premises in the manner hereinafter provided, and the Tenant covenants with the Landlord accordingly. All Rent and other charges to be paid by the Tenant to the Landlord hereunder shall be paid without any deduction, set-off or abatement whatsoever, and the Tenant waives the benefit of any statutory or other right in respect of abatement or set-off in its favour at the time hereof or at any future time. 3.2 Basic Rent The Tenant covenants and agrees to pay, from and after the Commencement Date, to the Landlord at the office of the Landlord (or to such other person or at such other location as the Landlord shall direct), in lawful money of Canada, without any prior demand, as annual Basic Rent, the annual sum set out in Section 1.1(f) in equal monthly instalments in advance in the amounts set out in Section 1.1(f), on the first day of each and every month during the Term. If the Term commences on any day other than the first day of the month, or ends on any day other than the last day of the month, rent for the fractions of a month at the commencement and at the end of the Term shall be calculated on a pro rata basis and payable on the first day of the partial month. 3.3 Additional Rent (1) In addition to the Basic Rent reserved in favour of the Landlord, the Tenant shall, throughout the Term, pay to the Landlord, in lawful money of Canada, the following as Additional Rent: Page 51 of 67 (a) any and all costs relating to the Premises that are determined by separate metering or assessment of the Premises or otherwise incurred for the exclusive benefit of the Premises, including, but not limited to, internet access, telephone, cable, janitorial and cleaning costs for the Premises, maintenance and repair of any improvements or renovations to the Premises; (b) any Business Taxes levied, rated, charged or assessed on or in relation to the business operated by the Tenant on the Premises as herein provided; and (c) all other sums, amounts, costs, cost escalations and charges specified in this Lease to be payable by the Tenant. (2) All of the payments set out in this Lease shall constitute Basic Rent or Additional Rent and shall be deemed to be and shall be paid as rent, whether or not any payment is payable to the Landlord or otherwise and whether or not payable as compensation to the Landlord for expenses to which it has been put. The Landlord has all the rights against the Tenant for default in payment of Additional Rent that is has against the Tenant for default in payment of Basic Rent. 3.4 Realty Taxes The Tenant shall not be required to pay to the Landlord, as Additional Rent, any contribution for Realty Taxes levied, rated, charged or assessed throughout the Term on or in relation to the Premises or any part thereof, or allocated thereto. 3.5 Business and Other Taxes The Tenant shall pay and discharge within fifteen (15) days after they become due, and indemnify the Landlord from and against payment of, and any interest or penalty in respect of, every tax, licence fee, rate, duty, and assessment of every kind arising from any business carried on by the Tenant in the Premises or by any subtenant, licensee, concessionaire or franchisee or anyone else, or in respect of the use or occupancy of the Premises by the Tenant, its subtenants, licensees, concessionaires or franchisees, or anyone else, or in respect of the Tenant’s fixtures, leasehold improvements, equipment or facilities on or about the Premises. 3.6 Payment of Additional Rent The Tenant shall be responsible for payment of any Additional Rent promptly when due. 3.7 Payment Method The Landlord may, at any time and from time to time, require the Tenant to provide to the Landlord either: (a) a series of monthly postdated cheques, each cheque in the amount of the monthly instalment of Rent; or (b) authorization and documentation required to automatically debit the Tenant’s bank account for such amounts. In the event of any change in the estimates of Additional Rent, the Landlord may require a new series of monthly postdated cheques or new authorization and documentation (as applicable). 3.8 Above-Normal Utilization If there are special circumstances within the Premises causing utilization of any service or utility in excess of that reasonably expected for the use of the Premises, the Landlord may, in its sole discretion, designate a professional engineer or other consultant to review such above-normal utilization and determine the extent thereof and, on such determination, the Landlord may increase the Tenant’s payments on account of such Additional Rent by the amount of such above-normal utilization as long as such utilization shall continue. The Tenant shall pay to the Landlord, as long as such utilization shall continue, the amount as determined by the Landlord to be attributable to such above-normal utilization. The Tenant shall also pay to the Landlord, as Additional Rent, any additional insurance costs resulting from such above-normal utilization. Page 52 of 67 3.9 Rental Taxes The Tenant shall pay to the Landlord the Rental Taxes, if any, assessed on: (a) the Rent; (b) the Landlord; and/or (c) the Tenant pursuant to the laws, rules and regulations governing the administration of the Rental Taxes by the authority having jurisdiction, and as such Rental Taxes may be amended from time to time during the Term. The Rental Taxes shall not be deemed to be Additional Rent under this Lease, but may be recovered by the Landlord as if they were Additional Rent. 3.11 Rent Past Due If the Tenant fails to pay any Rent when the same is due and payable, such unpaid amount shall bear interest at the rate of eighteen percent (15%) per annum (calculated monthly at the rate of one and one-half percent (1.25%) from the time such Rent becomes due until paid by the Tenant. Article 4 — Control and Operation of Building by Landlord 4.1 Building Operation and Repair The Landlord shall operate, maintain and repair the Building, its heating equipment, and other service facilities to the extent required to keep the Building, equipment and facilities in a state of good repair and maintenance in accordance with normal property management standards for a similar building in the vicinity. For greater certainty: (a) the Landlord’s obligations shall not extend to any matters that are the responsibility of the Tenant herein; and (b) the Landlord shall, at its own expense, promptly make all repairs to the Building necessitated by structural defect or weakness in the design or construction thereof, including, without limitation, the roof, interior concrete slab floors and exterior walls, provided that any such repairs necessitated as a result of any wilful or negligent act or omission of the Tenant, its agents, servants, contractors, invitees, employees or others for whom the Tenant is in law responsible shall be at the cost of the Tenant. 4.2 HVAC Systems The Landlord shall, subject to the provisions of this Lease, provide sufficient heating to maintain a reasonable temperature in the Premises at all times during the normal business hours (the “Normal Business Hours”) established by the Landlord (which, until amended by the Landlord, shall be from 8:00 a.m. until 6:00 p.m., Monday to Friday, excluding holidays), except during the failure of supply of any utility or other similar facility required to operate the heating and air-conditioning systems, and except during the making of repairs, which repairs the Landlord covenants to make with reasonable diligence. If the Tenant requests the provision of processed air outside the Normal Business Hours, the Landlord shall, if it is reasonably able to do so, provide such processed air at the Tenant’s cost (payable as Additional Rent) determined in accordance with the Landlord’s standard rate schedule in effect from time to time. 4.3 Tenant Requirements If the use by the Tenant or the installation of partitions, equipment or fixtures by the Tenant necessitates the rebalancing of the climate control equipment in the Premises, such rebalancing will be performed by the Landlord at the Tenant’s expense, upon demand. The Tenant acknowledges that the climate control may need to be adjusted and balanced, at the Tenant’s expense, after the Tenant has fully occupied the Premises. 4.4 Use of Common Areas The Tenant shall have the right of non-exclusive use, in common with others entitled thereto, for their proper and intended purposes, of those portions of the Common Areas intended for common use by tenants of the Building, provided that such use by the Tenant shall be subject to any applicable Rules and Regulations. At times other than during Normal Business Hours, the Tenant, the employees of the Tenant, and persons Page 53 of 67 lawfully requiring communication with the Tenant, shall have access to the Building and the Premises and use of the elevators only in accordance with the security requirements of the Landlord. The Common Areas shall at all times be subject to the exclusive management and control of the Landlord. The Landlord reserves the right to lease parts of the Common Areas from time to time, and to alter the layout or configuration of, and/or reduce or enlarge the size of, the Common Areas and/or the Building, and to make other changes to the Building as the Landlord shall from time to time determine. Without limitation, the Landlord may assume operation and control of any or all cables and telecommunications equipment in the ducts and conduits of the Building and designate such as part of the Common Areas. 4.5 Janitorial Services The Town shall provide such janitorial service for the Premises including waste disposal, at least once per week. The Tenant shall be responsible for keeping the Premises in a reasonable state of cleanliness and repair at all times and shall not permit the Premises to be in any condition so as to constitute a nuisance, hazard or impediment to the quiet enjoyment of the Building by other tenants or the Landlord, including common areas which includes hallway and washrooms. 4.6 Rules and Regulations The Tenant and its employees and all persons visiting or doing business with it on the Premises shall be bound by and shall observe the Rules and Regulations attached to this Lease as Schedule B and any further and other reasonable Rules and Regulations made hereafter by the Landlord of which notice shall be given to the Tenant. All Rules and Regulations shall be deemed incorporated into and form part of this Lease. Article 5 — Use of Premises 5.1 Use of Premises The Tenant acknowledges that the Premises will be used solely for the purpose set out in Section 1.1(g) and for no other purpose. During the entire Term, the Tenant shall continuously, actively and diligently carry on such permitted use in the whole of the Premises. 5.2 Observance of Law The Tenant shall, at its own expense, comply with all laws, by-laws, ordinances, regulations and directives of any public authority having jurisdiction affecting the Premises or the use or occupation thereof, including, without limitation, police, fire and health regulations and any requirements of the fire insurance underwriters. 5.3 Waste and Nuisance The Tenant shall not do or suffer any waste, damage, disfiguration or injury to the Premises or permit or suffer any overloading of the floors, and shall not use or permit to be used any part of the for any illegal or unlawful purpose or any dangerous, noxious or offensive trade or business, and shall not cause or permit any nuisance in, at or on the Premises. Article 6 — Maintenance, Repairs and Alterations of Premises 6.1 Maintenance and Repair of Premises The Tenant shall, at its own expense and cost, operate, maintain and keep in good condition and substantial repair, order and condition the Premises and all parts thereof, save and except for repairs required to be made by the Landlord pursuant to Section 4.1. All repairs shall be in all respects equal in quality and workmanship to the original work and materials in the Premises, and shall meet the requirements of all authorities having jurisdiction, as well as the insurance underwriters. 6.2 Inspection and Entry Page 54 of 67 The Landlord, its servants and agents shall be entitled to enter on the Premises at any time without notice for the purpose of making emergency repairs and during Normal Business Hours on reasonable prior notice for the purpose of inspecting and making repairs, alterations or improvements to the Premises or to the Building, or for the purpose of having access to the underfloor ducts or to the access panels to mechanical shafts (which the Tenant agrees not to obstruct), and the Tenant shall not be entitled to compensation for any inconvenience, nuisance or discomfort occasioned thereby. The Landlord, its servants or agents may at any time and from time to time on reasonable prior notice (and without notice in the event of an emergency) enter on the Premises to remove any article or remedy any condition which, in the opinion of the Landlord, would be likely to lead to the cancellation of any policy of insurance. The Landlord, its servants and agents shall take reasonable precautions and attempt to schedule the work so as not to unreasonably interfere with the operation of the Tenant’s business and so as to minimize interference with the Tenant’s use and enjoyment of the Premises. 6.3 Repair where Tenant at Fault If the Building, including the Premises, the elevators, boilers, engines, controls, pipes and other apparatus (or any of them) used for the purpose of heating, ventilation or air- conditioning or operating the elevators, or if the pipes, electric lighting or other equipment of the Building are put in a state of disrepair or become damaged or destroyed through the negligence, carelessness or misuse of the Tenant, its servants, agents, employees, or anyone permitted by it to be in the Building, the expense of the necessary repairs, replacements or alterations shall be borne by the Tenant, who shall pay the same to the Landlord forthwith on demand. 6.4 Permitted Alterations The Tenant shall not make or erect in or to the Premises any installations, alterations, additions or partitions without first submitting drawings and specifications to the Landlord and obtaining the Landlord’s prior written consent in each instance, which the Landlord shall not unreasonably withhold. The Tenant must further obtain the Landlord’s prior written consent to any change or changes in such drawings and specifications. The Tenant shall pay to the Landlord the cost of having the Landlord’s architects approve of such drawings and specifications and any changes. Such work shall be performed by qualified contractors engaged by the Tenant (and approved by the Landlord) and shall be subject to all reasonable conditions which the Landlord may impose, provided nevertheless that the Landlord may, at its option, require that the Landlord’s contractors be retained for any structural, mechanical or electrical work. Without limiting the generality of the foregoing, any work performed by or for the Tenant shall be performed by competent workers whose labour union affiliations are not incompatible with those of any workers who may be employed in the Building by the Landlord, its contractors or subcontractors. The Tenant shall submit to the Landlord’s reasonable supervision over construction and promptly pay to the Landlord’s or the Tenant’s contractors, as the case may be, when due, the cost of all such work, materials, labour and services involved therein, and of all changes in the Building, its equipment or services necessitated thereby. 6.5 Signs The Tenant shall not paint, display or install any sign, picture, advertisement or other notice on any part of the outside of the Building or any other location which is visible from the outside of the Building. The Landlord will prescribe a uniform pattern of identification signs for tenants to be placed on the outside of the doors leading into each leased premises of tenants of part floors, and other than such identification sign, the Tenant shall not paint, display or install any sign, picture, advertisement, notice, lettering or direction on the outside of the Premises without the written consent of the Landlord. 6.6 Construction Liens The Tenant shall indemnify and save the Landlord harmless from any liability, claim, damages or expenses due to or arising from any claim for a construction, builders or other lien made against the Premises or the Building in relation to any work done by, for, or on behalf of the Tenant. The Tenant shall cause all registrations of any such claims or Certificates of Action related thereto to be discharged or vacated within ten Page 55 of 67 (10) days following receipt of notice from the Landlord, failing which the Landlord, in addition to any other rights or remedies it may have hereunder, may, but shall not be obligated to, cause such claims or Certificates to be discharged or vacated by payment into court or otherwise, and the Tenant shall pay the Landlord’s costs and expenses thereof. 6.7 Removal of Improvements and Fixtures (1) All leasehold improvements shall immediately, on their placement, become the Landlord’s property without compensation to the Tenant. Except as otherwise agreed by the Landlord in writing, no leasehold improvements or trade fixtures shall be removed from the Premises by the Tenant either during or at the expiry or earlier termination of the Term except that: (a) the Tenant may, during the Term, in the usual course of its business, remove its trade fixtures, provided that the Tenant is not in default under this Lease, and at the end of the Term, the Tenant shall remove its trade fixtures; and (b) the Tenant shall, at its sole cost, remove such leasehold improvements as the Landlord shall require it to remove, such removal to be completed on or before the end of the Term. (2) The Tenant shall, at its own expense, repair any damage caused to the Building by the leasehold improvements or trade fixtures or their removal. If the Tenant does not remove its trade fixtures prior to the expiry or earlier termination of the Term, such trade fixtures shall, at the option of the Landlord, become the property of the Landlord and may be removed from the Premises and sold or disposed of by the Landlord in such manner as it deems advisable. For greater certainty, the Tenant’s trade fixtures shall not include any of the following: (a) heating, ventilating or air-conditioning systems, facilities and equipment serving the Premises; (b) floor coverings; (c) light fixtures; (d) suspended ceiling and ceiling tiles; (v) wall and window coverings; and (e) partitions within the Premises. Notwithstanding anything in this Lease, the Landlord shall be under no obligation to repair or maintain the Tenant’s installations. 6.8 Surrender of Premises At the expiration or earlier termination of this Lease, the Tenant shall peaceably surrender and give up unto the Landlord vacant possession of the Premises in the same condition and state of repair as the Tenant is required to maintain the Premises throughout the Term and in accordance with its obligations in Section 6.7. The parties may terminate this agreement by giving a six (6) month written notice to the other party. Article 7 — Insurance and Indemnity 7.1 Indemnity by Tenant The Tenant shall indemnify the Landlord and save it harmless from and against any and all loss, claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, on or at the Premises, or in any way arising from or out of the occupancy or use by the Tenant of the Premises or any part thereof, or due to or arising out of any breach by the Tenant of this Lease. 7.2 Release of Landlord The Landlord shall not be liable for: Page 56 of 67 (a) any injury or damage to any persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow, or leaks from any part of the Building or from the pipes, appliances, plumbing works, roof, street or subsurface, or from any other place or by dampness, or caused by or arising from any interruption or failure in the supply of any utility or service to the Premises; (b) any death, injury or damage to or loss of property occurring in or about the Premises; (c) any death, injury or damage with respect to occurrences insured against or required to be insured against by the Tenant; (d) any interruption of or non-supply of heating, ventilation, air-conditioning or other utilities and services; or (e) any indirect or consequential damages that may be suffered by the Tenant, even if caused by the negligence of the Landlord or its agents or others for whom it is at law responsible. 7.3 Tenant’s Insurance (1) The Tenant shall, at its sole cost and expense, take out and maintain in full force and effect, at all times throughout the Term, the following insurance: (a) “All Risks” insurance on property of every description and kind owned by the Tenant, or for which the Tenant is legally liable, or which is installed by or on behalf of the Tenant within the Premises or on the Lands or Building, including, without limitation, stock-in-trade, furniture, equipment, partitions, trade fixtures and leasehold improvements, in an amount not less than the full replacement cost thereof from time to time; (b) general liability and property damage insurance, including personal liability, contractual liability, tenants’ legal liability, non-owned automobile liability and owners’ and contractors’ protective insurance coverage, with respect to the Premises and the Common Areas, which coverage shall include the business operations conducted by the Tenant and any other person on the Premises. Such policies shall be written on a comprehensive basis with coverage for any one occurrence or claim of not less than two million dollars ($2,000,000) or such higher limits as the Landlord may reasonably require from time to time; (c) when applicable, broad form comprehensive boiler and machinery insurance on a blanket repair and replacement basis, with limits for each accident in an amount not less than the full replacement costs of the property, with respect to all boilers and machinery owned or operated by the Tenant or by others (other than the Landlord) on behalf of the Tenant in the Premises or relating to or serving the Premises; (d) business interruption insurance in an amount sufficient to cover the Tenant’s Rent for a period of not less than eight (8) months; and (e) such other forms of insurance as may be reasonably required by the Landlord and any Mortgagee from time to time. (2) All such insurance shall be with insurers and on such terms and conditions as the Landlord reasonably approves, and each such policy shall name the Landlord as an additional insured as its interest may appear, and, in the case of public liability insurance, shall contain a provision for cross- liability or severability of interest as between the Landlord and the Tenant. The Tenant shall obtain from the insurers under such policies undertakings to notify the Landlord in writing at least thirty (30) days prior to any cancellation thereof. The Tenant shall furnish to the Landlord, on written request, certificates or certified copies of all such policies. If the Tenant fails to take out or to keep in force such insurance or to provide a certificate of every policy and evidence of continuation of coverage as herein provided, the Landlord shall have the right to take out such insurance and to pay the premium therefor, and, in such event, the Tenant shall pay to the Landlord the amount paid as premium plus fifteen percent (15%), which payment shall be payable on demand. 7.4 Landlord’s Insurance The Landlord shall provide and maintain insurance in respect of the Building against Page 57 of 67 loss, damage or destruction caused by fire and extended perils, and such liability insurance and rental insurance as the Landlord determines to maintain. The amount of insurance to be obtained shall be determined at the sole discretion of the Landlord. The Tenant shall not do, omit or permit anything that may contravene or be prohibited by any of the Landlord’s insurance policies in force from time to time or which would prevent the Landlord from procuring such policies with companies acceptable to the Landlord. If the Tenant’s occupancy or use of the Premises or any acts or omissions of the Tenant in the Premises or any other portion of the Building causes or results in any increase in premiums for any of the Landlord’s insurance policies, then, without limiting any other rights or remedies of the Landlord, the Tenant shall pay any such increase as Additional Rent. Article 8 — Assignment and Subletting 8.1 Assignment, Subletting The Tenant shall not affect any Transfer without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. Any Transferee may only use the Premises for the use permitted herein and, notwithstanding anything else herein contained; the Landlord may withhold its consent if the proposed Transferee contemplates a change in the use of the Premises. No consent or other dealing shall relieve the Tenant from its obligation to pay Rent and to perform all of the covenants, terms and conditions herein contained. In the event of a Transfer, the Landlord may collect Rent or sums on account of Rent from the Transferee and apply the net amount collected to the Rent payable hereunder. However, no such Transfer or collection from or acceptance of the Transferee as tenant shall be deemed a waiver of this covenant. 8.2 Landlord’s Consent If the Tenant desires to assign this Lease, sublet the Premises, or otherwise deal with this Lease or its interest in the Premises, then and so often as such event shall occur, the Tenant shall make its request to the Landlord in writing, and the Landlord shall, within fifteen (15) days after receipt of all information requested by the Landlord, notify the Tenant in writing either that: (a) the Landlord consents or does not consent, as the case may be; or (b) the Landlord elects to cancel and terminate this Lease if the request is to assign the Lease or to sublet all of the Premises or, if the request is to sublet or otherwise deal with a portion of the Premises only, to cancel and terminate this Lease with respect to such portion. If the Landlord elects to cancel this Lease in whole or in part, the Tenant may notify the Landlord in writing within fifteen (15) days thereafter of the Tenant’s intention to refrain from such assigning, subletting or otherwise dealing with the Premises and, in such event, the Landlord’s cancellation notice shall be null and void. Any cancellation of this Lease pursuant to this Section shall be effective on the later of the date originally proposed by the Tenant as being the effective date of transfer or the last day of the month sixty (60) days following the date of the Landlord’s notice to cancel this Lease. 8.3 Requests for Consent Requests by the Tenant for the Landlord’s consent to a Transfer shall be in writing to the Landlord, accompanied by such information as the Landlord may reasonably require, and shall include an original copy of the document evidencing the proposed Transfer. The Landlord’s consent shall be conditional on the following: (a) the Landlord shall be satisfied, acting reasonably, with the financial ability and good credit rating and standing of the proposed Transferee and with its ability to carry on the permitted use; (b) the Tenant having regularly and duly paid Rent and performed all the covenants contained in this Lease; (c) the proposed Transferee having entered into an agreement with the Landlord agreeing to be bound by or subordinate to (as applicable) all of the terms, covenants and conditions of this Lease; (d) the Tenant reimbursing the Landlord for the preparation and review of any documentation in connection therewith; and (e) the Tenant agreeing to pay to the Landlord, as Additional Rent, any excess rent and other profit (net of all reasonable costs incurred by the Tenant in connection Page 58 of 67 therewith) earned by the Tenant in respect of the Transfer. 8.4 Change of Control In the event that the Tenant proposes to transfer or issue by sale, assignment, bequest, inheritance, operation of law, or other disposition, or by subscription, any part or all of the corporate shares of the Tenant so as to result in any change in the present effective voting control of the Tenant by the party or parties holding such voting control at the Commencement Date, such transaction shall be deemed to be an assignment of this Lease, and the provisions of this Article 8 shall apply mutatis mutandis. The Tenant shall make available to the Landlord or to its lawful representatives such books and records of the Tenant for inspection at all reasonable times, in order to ascertain whether there has, in effect, been a change of control. This provision shall not apply if the Tenant is a public company listed on a recognized stock exchange or a subsidiary of such a public company. 8.5 No Advertising The Tenant shall not advertise that the Premises or any part thereof is available for assignment or sublease or occupancy, and shall not permit any broker or other person to do so unless the text and format of such advertisement is approved in writing by the Landlord. No such advertisement shall contain any reference to the rental rate of the Premises. 8.6 Assignment by Landlord In the event of the sale or lease by the Landlord of its interest in the Lands or Building or any part or parts thereof and, in conjunction therewith, the assignment by the Landlord of this Lease or any interest of the Landlord herein, the Landlord shall be relieved of any liability under this Lease. 8.7 Status Certificate The Tenant shall, on ten (10) days’ notice from the Landlord, execute and deliver to the Landlord and/or as the Landlord may direct a statement as prepared by the Landlord in writing certifying the following: (a) that this Lease is unmodified and in full force and effect or, if modified, stating the modifications and that the same is in full force and effect as modified; (b) the amount of Basic Rent then being paid hereunder; (c) the dates to which the Basic Rent and Additional Rent and other charges hereunder have been paid by instalments or otherwise; (d) whether or not there is any existing default on the part of the Landlord of which the Tenant has notice; and (e) any other information and particulars as the Landlord may reasonably request. 8.8 Subordination This Lease and all of the rights of the Tenant hereunder are, and shall at all times be, subject and subordinate to any and all Mortgages, and any renewals or extensions thereof, now or hereinafter in force against the Premises, and, on the request of the Landlord, the Tenant will promptly subordinate this Lease and all its rights hereunder in such form or forms as the Landlord may require to any such Mortgage or Mortgages, and to all advances made or hereinafter to be made on the security thereof, and will, if required, attorn to the holder thereof. No subordination by the Tenant shall have the effect of permitting the holder of the mortgage to disturb the occupation and possession by the Tenant of the Premises so long as the Tenant shall perform all of its covenants, agreements and conditions contained in this Lease, and so long as the Tenant contemporaneously executes a document of attornment as required by the Mortgagee. Article 9 — Quiet Enjoyment 9.1 Quiet Enjoyment The Tenant, on paying the Rent hereby reserved, and performing and observing the covenants and provisos herein contained on its part to be performed and observed, shall Page 59 of 67 peaceably enjoy the Premises for the Term. Article 10 — Damage and Destruction 10.1 Destruction of or Damage to Building During the Term, if and when the Building is destroyed or damaged by fire, lightning, or other perils, including malicious damage, or by a natural catastrophe or by any other casualty, the following provisions shall apply: (a) if the damage or destruction is such that the Building is rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy it, and if, in either event, the damage, in the sole opinion of the Landlord, notice of which is to be given to the Tenant in writing within thirty (30) days of the happening of such damage or destruction, cannot be repaired with reasonable diligence within one hundred and eighty (180) days after the happening of such damage or destruction, or if thirty percent (30%) or more of the Rentable Area of the Building is damaged or destroyed, the Landlord may terminate this Lease by giving notice in writing to the Tenant. Should the Landlord terminate this Lease as hereinbefore provided, the Term demised shall cease and be at an end as of the date of such termination (or at the date of such destruction or damage if the Premises could not be used as a result), and the rents and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to such date; (b) in the event that the Landlord does not so terminate this Lease under Section 10.1(a), or in the event of lesser damage, the Landlord shall, at its expense, repair the Building to base building standards, and the Rent shall abate from the date of the happening of such damage or destruction until the date which is the earlier of: (i) thirty (30) days after the Landlord has completed such repairs; and (ii) the date on which the Tenant reopens the Premises or any part thereof to conduct business. The Tenant covenants to make any repairs required to the leasehold improvements and its fixtures with all reasonable speed and to reopen the Premises for business forthwith on completion thereof. If the damage is such that the Premises is capable of being partially used for the purposes for which it is demised, then Rent (other than any items measured by consumption or separate assessment) shall abate in the proportion that the Rentable Area of the part of the Premises which is rendered unfit for occupancy bears to the Rentable Area of the Premises; (c) in performing any reconstruction or repair, the Landlord may effect changes in the Building and its equipment and systems and minor changes in the location or area of the Premises. The Landlord shall have no obligation to grant to the Tenant any Tenant’s allowances to which it may have been entitled at the beginning of the Term, and shall have no obligation to repair any damage to leasehold improvements or the Tenant’s fixtures; and (d) notwithstanding anything else herein contained, in the event of damage or destruction occurring by reason of any cause in respect of which proceeds of insurance are substantially insufficient to pay for the costs of rebuilding the Building or the Premises or are not payable to or received by the Landlord, or in the event that any mortgagee or other party entitled thereto shall not consent to the payment to the Landlord of the proceeds of any insurance policy for such purpose, or in the event the Landlord is unable to obtain all governmental approvals required to so rebuild, the Landlord may terminate this Lease on notice to the Tenant. 10.2 Certificate Conclusive In the event of a dispute as to the fitness for occupancy or as to the suitability of the Building and the Premises for the Tenant’s business, the decision of an independent qualified professional engineer or architect retained by the Landlord shall be final and binding on both parties. Article 11 — Default 11.1 Default and Right to Re-enter Page 60 of 67 Any of the following constitutes an Event of Default under this Lease: (a) any Rent is not paid within five (5) days after payment is due hereunder; (b) the Tenant has breached any of its obligations in this Lease and, if such breach is capable of being remedied and is not otherwise listed in this Section 11.1, on receipt of notice in writing from the Landlord: (i) the Tenant fails to remedy such breach within ten (10) days (or such shorter period as may be provided in this Lease); or (ii) if such breach cannot reasonably be remedied within ten (10) days (or such shorter period), the Tenant fails to commence to remedy such breach within such ten (10) day (or such shorter) period or thereafter fails to proceed diligently to remedy such breach; (c) the Tenant becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors or makes any proposal, an assignment or arrangement with its creditors, or any steps are taken or proceedings commenced by any person for the dissolution, winding-up or other termination of the Tenant’s existence or the liquidation of its assets; (d) a trustee, receiver, receiver/manager, or a person acting in a similar capacity is appointed with respect to the business or assets of the Tenant; (e) the Tenant makes a sale in bulk of all or a substantial portion of its assets, other than in conjunction with an assignment or sublease approved by the Landlord; (f) this Lease or any of the Tenant’s assets are taken under a writ of execution, and such writ is not stayed or vacated within fifteen (15) days after such taking; (g) the Tenant makes an assignment or sublease, other than in compliance with the provisions of this Lease; (h) the Tenant abandons or attempts to abandon the Premises, or the Premises become vacant or substantially unoccupied for a period of ten (10) consecutive days or more without the consent of the Landlord; (i) the Tenant moves or commences, attempts or threatens to move its trade fixtures, chattels and equipment out of the Premises; or (j) any insurance policy covering any part of the Building is, or is threatened to be, cancelled or adversely changed (including a substantial premium increase) as a result of any action or omission by the Tenant or any party for whom it is legally responsible. 11.2 Default and Remedies If and whenever an Event of Default occurs, then, without prejudice to any other rights which it has pursuant to this Lease or at law, the Landlord shall have the following rights and remedies, which are cumulative and not alternative: (a) to terminate this Lease by notice to the Tenant or to re-enter the Premises and repossess them and, in either case, the Landlord may remove all persons and property from the Premises and store such property at the expense and risk of the Tenant or sell or dispose of such property in such manner as the Landlord sees fit without notice to the Tenant; (b) to enter the Premises as agent of the Tenant and to relet the Premises for whatever length and on such terms as the Landlord, in its discretion, may determine, and to receive the rent therefor and, as agent of the Tenant, to take possession of any property of the Tenant on the Premises, to store such property at the expense and risk of the Tenant or to sell or otherwise dispose of such property in such manner as the Landlord sees fit without notice Page 61 of 67 to the Tenant, and to make alterations to the Premises to facilitate their reletting. The Landlord shall apply the proceeds of any such sale or reletting first, to the payment of any expenses incurred by the Landlord with respect to any such reletting or sale, second, to the payment of any indebtedness of the Tenant to the Landlord other than Rent, and third, to the payment of Rent in arrears, with the residue to be held by the Landlord and applied to payment of future Rent as it becomes due and payable; provided that the Tenant shall remain liable to the Landlord for any deficiency; (c) to remedy or attempt to remedy any default of the Tenant under this Lease for the account of the Tenant and to enter on the Premises for such purposes. No notice of the Landlord’s intention to remedy or attempt to remedy such default need be given to the Tenant unless expressly required by this Lease. The Landlord shall not be liable to the Tenant for any loss, injury or damages caused by acts of the Landlord in remedying or attempting to remedy such default, and the Tenant shall pay to the Landlord all expenses incurred by the Landlord in connection therewith; (d) to recover from the Tenant all damages, costs and expenses incurred by the Landlord as a result of any default by the Tenant including, if the Landlord terminates this Lease, any deficiency between those amounts which would have been payable by the Tenant for the portion of the Term following such termination and the net amounts actually received by the Landlord during such period of time with respect to the Premises; and (e) to recover from the Tenant the full amount of the current month’s rent together with the next three (3) months’ instalments of Rent, all of which shall accrue on a day-to-day basis and shall immediately become due and payable as accelerated rent. 11.3 Distress Notwithstanding any provision of this Lease or any provision of applicable legislation, none of the goods and chattels of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for Rent in arrears, and the Tenant waives any such exemption. 11.4 Costs The Tenant shall pay to the Landlord all damages, costs and expenses (including, without limitation, all legal fees on a solicitor and client basis) incurred by the Landlord in enforcing the terms of this Lease, or with respect to any matter or thing which is the obligation of the Tenant under this Lease, or in respect of which the Tenant has agreed to insure or to indemnify the Landlord. 11.5 Remedies Cumulative Notwithstanding any other provision of this Lease, the Landlord may from time to time resort to any or all of the rights and remedies available to it in the event of any default hereunder by the Tenant, either by any provision of this Lease or by statute or common law, all of which rights and remedies are intended to be cumulative and not alternative. The express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or common law. Article 12 — General 12.1 Entry 1) The Landlord shall be entitled at any time during the last nine (9) months of the Term: (a) to place on the exterior walls of the Premises, at a height not lower than the upper limit of the windows of the Premises, the Landlord’s usual notice(s) that the Premises are “For Rent”; and (b) on reasonable prior notice, to enter on the Premises during Normal Business Hours for the purpose of exhibiting same to prospective tenants. Page 62 of 67 2) The Landlord may enter at any time during the Term on reasonable notice for the purpose of exhibiting the Premises to prospective Mortgagees and/or purchasers, or for the purpose of inspecting the Premises. 12.2 Force Majeure Notwithstanding any other provision contained in this Lease, in the event that either the Landlord or the Tenant should be delayed, hindered or prevented from the performance of any act required hereunder by reason of any unavoidable delay, including strikes, lockouts, unavailability of materials, inclement weather, acts of God or any other cause beyond its reasonable care and control, but not including insolvency or lack of funds, performance of such act shall be postponed for a period of time equivalent to the time lost by reason of such delay. The provisions of this Section 12.2 shall not, under any circumstances, operate to excuse the Tenant from prompt payment of Rent and other charges payable under this Lease. 12.3 Effect of Waiver or Forbearance No waiver by any party of any breach by any other party of any of its covenants, agreements or obligations in this Lease shall be or be deemed to be waiver of any subsequent breach thereof or the breach of any other covenants, agreements or obligations, nor shall any forbearance by any party to seek a remedy for any breach by any other party be a waiver by the party so forbearing of its rights and remedies with respect to such breach or any subsequent breach. The subsequent acceptance of Rent by the Landlord shall not be deemed a waiver of any preceding breach by the Tenant of any term, covenant or condition regardless of the Landlord’s knowledge of such preceding breach at the time of the acceptance of such Rent. 12.4 Notices Any notice required or contemplated by any provision of this Lease shall be given in writing and addressed, in the case of the Landlord, to it at the address noted in Section 1.1(a), in the case of the Tenant, to it at the address noted in Section 1.1(b), and delivered or sent by facsimile or by prepaid courier or by registered mail, postage prepaid, return receipt requested. The time of receipt of such notice, if mailed, shall be conclusively deemed to be the third business day after the day of such mailing unless regular mail service is interrupted by strikes or other irregularities. Such notice, if delivered or sent by facsimile, shall be conclusively deemed to have been received at the time of such delivery or the time of sending by facsimile. If, in this Lease, two (2) or more persons are named as Tenant, such notice shall be delivered personally to any one (1) of such persons. Either party may, by notice to the other from time to time, designate another address in Canada to which notices mailed more than ten (10) days thereafter shall be addressed. 12.5 Registration Neither the Tenant nor anyone on the Tenant’s behalf or claiming under the Tenant shall register this Lease in whole. The Tenant may register a notice or caveat in respect of this Lease with the consent of the Landlord, not to be unreasonably withheld. Any such notice or caveat shall contain the minimum requirements for registration. The Tenant shall pay the Landlord’s reasonable legal costs of reviewing the documentation presented by the Tenant. 12.6 Relocation The Landlord may, at any time and from time to time, on not less than sixty (60) days’ notice to the Tenant, relocate the Premises within the Building during the Term, provided that the new premises (the “New Premises”), as relocated, shall be in all material respects reasonably comparable to the existing Premises. In the event the Landlord exercises its rights to relocate, the Landlord shall pay, without duplication, and on being furnished with invoices or proof of payment reasonably satisfactory to the Landlord, the out-of-pocket costs incurred by the Tenant as the direct result of moving, in addition to the reasonable moving expenses of the Tenant and its property and equipment to the New Premises. The Landlord shall, at its sole cost, and prior to the date the Tenant is to occupy the New Premises for the purpose of carrying on its Page 63 of 67 business, improve the New Premises with improvements substantially similar to those located in the existing Premises. The terms and conditions of this Lease shall be deemed to be amended as of the date when the Landlord verifies that the New Premises are ready for the Tenant’s use and occupancy, and the New Premises shall thereafter be the Premises hereunder. 12.7 Interpretation 1) Words importing the singular number only shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders, and words importing persons shall include firms and corporations and vice versa. 2) The division of this Lease into Articles and Sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. 3) If any Article or Section or part or parts of an Article or Section in this Lease is illegal or unenforceable, it or they shall be considered separate and severable from the Lease and the remaining provisions of this Lease shall remain in full force and effect and shall be binding on the Landlord and the Tenant as though such Article or Section had never been included in this Lease. 12.8 Entire Agreement There are no covenants, representations, warranties, agreements or other conditions expressed or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Lease, save as expressly set out or incorporated by reference herein. This Lease constitutes the entire agreement duly executed by the parties, and no amendment, variation or change to this Lease shall be binding unless the same shall be in writing and signed by the parties. 12.9 Time of the Essence Time shall be of the essence of this Lease and every part thereof. 12.10 Successors and Assigns All rights, advantages, privileges, immunities, powers and things hereby secured to the Landlord and to the Tenant shall be secured to and exercisable by their successors and permitted assigns, as the case may be, and all covenants, liabilities and obligations entered into or imposed hereunder upon the Landlord and the Tenant shall be equally binding upon their successors and permitted assigns, as the case may be. IN WITNESS WHEREOF the parties have duly executed this Lease as of the day and year first written above. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN in the presence of: OF SMOOTH ROCK FALLS ______* Michel Arseneault – Mayor Corporation - Town of Smooth Rock Falls ______*Luc Denault – CAO Corporation - Town of Smooth Rock Falls SIGNED, SEALED AND DELIVERED *I/We have the authority to bind the Corporation. in the presence of: *INSERT* ______*Michel Doucet, Vice-Président, Services Corporatifs, Collège Boréal Page 64 of 67 ______*Brian Vaillancourt, Vice-Président, Développent des Affaires, Collège Boréal *I/We have the authority to bind the Corporation. Page 65 of 67 I.-AA] soc —x— DHGSPMZAII-1101:» W »oo»u>s:noouA:u.: wnwucwu aoumx ‘ mca~nn.mo | 5‘; I '. F i . g; Damsuamn: '‘"‘‘°‘ 5 ‘L ‘ \ ?e?” mg‘: W ,§L__ ” i?.3?~§.".7..,.a -o;,g,«=~ an E. E; §» ma ,A ‘, i ..E3 1 " ::| tuna E3 5; 4:1r~’~I F.’ “V "7"‘ - m«m_J—~j——w JflvaxdEngmeex-mg 7 7 WE l— Cocnamzussmn Drvoxcmrx: ‘:\:r:NNrLooKrL.\.~: WFECTION CONTKCL m..m.w..-,,.mm 1;“, FI._DD_R FLLN mrzcnon comm. wv um :51 - mams u:muLn_ m nu .— - - ~ ca~nw:o w nno. gj _,,__ H): ‘van Page 66 of 67 Schedule “B” Rules and Regulations 1. The Tenant shall not permit any cooking in the Premises other than light refreshments and beverages for staff. 2. The sidewalks, entries, passages and staircases shall not be obstructed or used by the Tenant, its agents, servants, contractors, invitees or employees for any purpose other than ingress to and egress from the Premises. The Landlord reserves entire control of all parts ofthe Building employed for the common bene?t ofthe tenants including, without restricting the generality of the foregoing, the sidewalks, entries, corridors and passages not within the Premises, washrooms, mechanical, electrical and other equipment rooms,janitor’s closets, stairs, flues, stacks, pipe shafts and ducts, and shall have the right to place such signs and appliances therein as it may deem advisable, provided that ingress to and egress from the Premises is not unduly impaired. 3. The Tenant, its agents and others for whom the Tenant is in law responsible, shall not bring in or take out, position, construct, install or move any safe, business machine or other heavy office equipment without first obtaining the consent in writing ofthe Landlord. In giving such consent, the Landlord shall have the right, in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the Building by moving or using any such heavy equipment or other office equipment or furniture shall be repaired at the expense of the Tenant. The moving ofall heavy equipment or other office equipment or furniture shall occur only between time consented to by the Landlord, and the persons employed to move the same in and out ofthe Building must be acceptable to the Landlord. 4. The Tenant shall not place or cause to be placed any additional locks on any doors ofthe Premises without the approval ofthe Landlord, and any additional locks which the Landlord consents to be placed or caused to be placed on any doors of the Premises shall be subject to any conditions imposed by the Landlord. 5. The washrooms and other water apparatus shall not be used for any purpose other than those for which they were constructed, and no sweeping, rubbish, rags, ashes or other substances shall be thrown therein. Any damage resulting by misuse shall be borne by the Tenant by whom or by whose agents, servants or employees the same is caused. Tenants shall not let the water run unless it is in actual use, and shall not deface or mark any part of the Building, or drive nails, spikes, hooks or screws into the walls or woodwork ofthe Building. 6. No one shall use the Premises for sleeping apartments or residential purposes or for the storage of personal effects or articles other than those required for business purposes. 7. The Tenant shall permit window cleaners to clean the windows ofthe Premises during Normal Business Hours or at other times. 8. Canvassing, soliciting and peddling in the Building by the Tenant is prohibited. 9. Any hand trucks, carryalls, or similar appliances used in the Building shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 10. No animals or birds shall be brought into the Building. I l. The Tenant shall not install or permit the installation or use of any machine dispensing goods for sale in the Premises or the Building or permit the delivery of any food or beverage to the Premises in contravention of any regulations ?xed or to be fixed by the Landlord without the approval ofthe Landlord. Only persons authorized by the Landlord shall be permitted to deliver or to use the elevators in the Building for the purpose of delivering food or beverages to the Premises. 12. No curtains, blinds or other window coverings shall be installed by the Tenant without the prior written consent ofthe Landlord. Any window coverings that are installed shall comply with any uniform scheme ofthe Building. 13. The Tenant shall not operate or permit to be operated any musical or sound—producinginstrument, equipment or device inside or outside the Premises which may be heard outside the Premises and shall keep all doors to the Premises closed to prevent ordinary noise and sound from extending outside the Premises into the common areas or other rented Premises. Page 67 of 67