TOWNSHIP MUNICIPAL CENTRE 2585 King Rd., King City, ON L7B 1A1
COMMITTEE OF THE WHOLE AGENDA MONDAY, MAY 4, 2020
To Follow Council Meeting
(Electronic Meeting during an Emergency, pursuant to Section 238(3.3) of the Municipal Act, 2001)
Anyone wishing to submit comments, which will form part of the public record, may write to the Township Clerk at [email protected] by 12:00 p.m. (noon) on the day of the meeting in order that they can be circulated to Members of Council prior to the start of the meeting.
Chair: Mayor Pellegrini
Page
1. INTRODUCTION OF ADDENDUM REPORTS
Any additional items not listed on the agenda would be identified for approval. Motion to add the items to the Agenda.
2. APPROVAL OF AGENDA
Motion to approve the agenda, if any Addendum Items - as amended.
3. DECLARATIONS OF PECUNIARY INTEREST
4. DETERMINATION OF COMMITTEE ITEMS REQUIRING SEPARATE DISCUSSION
Committee Chair will ask each Council Member if he/she wishes to separate any item(s) for discussion. Committee Chair will then ask if there are any persons present who wish to speak to any item(s) on the Agenda.
5. APPROVAL OF COMMITTEE ITEMS NOT REQUIRING SEPARATE DISCUSSION
Motion to approve those items which were not requested to be separated. All of these are adopted with one Motion.
Page 1 of 27 6. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Chair will direct Committee to the first item on the agenda list which has circled initials beside it. Members of the Public, then Council Members who requested to speak to the item will be invited to speak, and then the floor is open to discussion by Committee or Council.
7. NEW BUSINESS
8. ADJOURNMENT
9. AGENDA ITEMS
JC DB JS BC DS AE SP 5 - 16 9.1
Correspondence Received from York Region Re: Resolution - Mandated Review of Regional Council Composition
a) That Council receive the correspondence from the Regional Municipality of York; and
b)That Council consider [supporting / not supporting] a By-law of Regional Council, substantially in the form attached, to change the composition of Regional Council by increasing the number of Members representing the City of Vaughan from four (4) to five (5). COW #1 - York Region - Mandated Review of Regional Council Composition COW #1 - York Region - Mandated Review of Regional Council Composition - Attachment - draft By-law
JC DB JS BC DS AE SP 17 9.2 Correspondence Received from York Region Re: Motion - Study on Potential Creation of a Regional Fire Service
a) That Council receive the correspondence from the Regional Municipality of York; and
b) That Council consider [supporting / not supporting] the Regional Municipality of York on proceeding with a study on the potential creation of a Regional Fire Service; and
c) That the Clerk notifies the Regional Clerk of Council’s decision by May 29, 2020. COW #2 - York Region - Regional Fire Service Study
JC DB JS BC DS AE SP 18 - 22 9.3
Correspondence Received from York Region Re: Resolution – Transfer of Part III Prosecutions to the Regional Municipality of York
Page 2 of 27 a) That Council receive the correspondence from the Regional Municipality of York; and
b) That Council consider [supporting / not supporting] enacting the following Resolution:
“WHEREAS the Province entered into a Memorandum of Understanding (MOU) and a Local Side Agreement with The Regional Municipality of York and the nine (9) local Municipalities with an effective date of June 30, 1999, for the operation of the Provincial Offences Court, the prosecution of charges laid using the process under Parts I and II of the Provincial Offences Act, and the transfer of records, files, assets, revenue and financial arrangements,
AND WHEREAS the Province intends to transfer the prosecution of charges laid using the Part III process under the Provincial Offences Act, along with all records, files and assets, through amending agreements to the Memorandum of Understanding and the Local Side Agreement,
NOW THEREFORE Council of the Corporation of the Township of King hereby delegates authority to The Regional Municipality of York to execute amending agreements with the Province to amend the Memorandum of Understanding and the Local Side Agreement on behalf of the Township of King”.
COW #3 - York Region - Transfer of Part III Prosecutions to YR (POA) COW #3 - York Region - Transfer of Part III Prosecutions to YR (POA) Att 1 - sample Resolution
JC DB JS BC DS AE SP 23 - 26 9.4 Engineering, Public Works and Building Department Report Number EPWB-2020-10 Re: Preferred Timing for Blue Box Transition to Producer Responsibility
a)THAT the report titled “Preferred Timing for Blue Box Transition to Producer Responsibility” (EPWB-2020-10) dated May 4, 2020 be received; and,
b)THAT Council approve the timing for transition of the Blue Box Program to full producer responsibility for collection on December 31, 2025 coinciding with the end of the current waste collection contract;
c)THAT Council authorize staff to continue working in cooperation with the Northern Six (N6) municipalities in providing Blue Box collection services on behalf of producers, through future long term collection contracts, subject to mutually agreeable financial and operational terms; and
d)THAT Council authorize staff to communicate this resolution to the Association of Municipalities of Ontario (AMO), to Jeff Yurek, Minister of the Environment, Conservation and Parks, Caroline Mulroney, MPP for York- Simcoe, and the Regional Municipality of York.
COW #4 - EPWB-2020-10
Page 3 of 27
10. NOTICES
27 10.1 Notice(s) Notice of Council and COW (Electronicparticipation)- May 4 2020.docx (1)
Page 4 of 27 AGENDA ITEM #9.1
% RegionalClerk'sOf?ce CorporateServices
February 28, 2020 . [,‘\‘J>/U?/K/é RECEIVED Ms. Kathryn Moyle Township Clerk MAR05 2020 Township of King 2585 King Road TOWNSHIPOFKING King City, ON L7B 1A1
Dear Ms. Moyle:
Re: Mandated Review of Regional Council Composition
On February 27, 2020 Regional Council made the following decision:
1. That Council add one member representing the City of Vaughan, with no further adjustments to be made to the composition of Council at this time.
2. That Council start the triple majority process as quickly as possible.
3. That the Regional Clerk circulate this report to the Clerks of the nine local municipalities.
In accordance with section 219(2) of the Municipa/Act, 2001, the bylaw required to change Regional Council's composition is only valid if a majority of local Councils, representing a majority of all electors in the Region, consent to its passage.
Therefore, the Region requests that your Council provides its consent by May 15, 2020 to a bylaw changing the size of Regional Council by increasing the number of members from the City of Vaughan from four to five.
Pending the responses received from the local municipalities, Regional Council willhold a public meeting to consider the bylaw.
Ifthe bylaw is approved, the change would be in effect forthe 2022 Municipal Election.
The original staff report is enclosed for your information.
TheRegionalMunicipalityofYork| 17250YongeStreet,Newmarket,OntarioL3Y6Z1 i-877—464~9675| Fax:905—895-3031| york.ca
Page 5 of 27 AGENDA ITEM #9.1
Please contact me at 1-877-464-9675 ext. 71300 ifyou have any questions with respect to this matter. ’
Sincerely,
Chr stopher Raynor Regional Clerk Attachments
Page 6 of 27 AGENDA ITEM #9.1 TheRegionalMunicipalityof York
Committee of the Whole Finance and Administration February 6, 2020
Report of the Chief AdministrativeOf?cer
MandatedReviewof RegionalCouncilComposition" l. Recommendations
1. Council approve the timelines to complete the legislated review of Council composition as detailed in Attachment 1.
2. Council provide direction regarding its intent to change or maintain the number of its members representing eachlocal municipality.
3. The Regional Clerk circulate this report to the local municipalities.
2. Summary
This report seeks Council approval of the timelines to complete the review of Council composition, as required by section 218(6) of the MunicipalAct, 2001. Italso seeks Council direction on its intent to change or maintain its composition.
Key Points:
0 The review is legislatively required and must be completed by December 7, 2020
o Council has the discretion to reduce, increase, reallocate its members or maintain the status quo o A triple majority approval is required inall cases a IfCouncil fails to meet the deadline, the Ministermay change the composition of _ Regional Council by regulation
3. Background
The/liunicljoal/lcfrequires all regionalmunicipalitiesto reviewthe composition of their council,unlessthey enacteda changeto their compositionduringthe previousterm
In 2018, the MunicipalAct was amended to require regional municipalities to review the number of members of its council that represent the lower-tier municipalities. Council can
Page 7 of 27 AGENDA ITEM #9.1
either adopt a bylaw to change the number of members representing each local municipality, or a resolutionaffirmingthe current number of members.
During the 2014-2018 Council term, Durham, Haltonand Niagara Regions all enacted changes to their councils’ composition. Niagara added an extra representative for the Township of West Lincoln.Halton added two members for the Town of Miltonand one for the Town of Oakville. Durham reallocated two members from the City of Oshawa, with one going to the Town of Ajax and the other to the Town of Whitby. Consequently, only the Regional Municipalitiesof Peel, Waterloo and York are required to review their compositions this term.
RegionalCouncil’scompositionhas changedsinceits first meeting in I971
Originally,York Region's Council comprised 17 members including the Regional Chair. Table 1 details the changes that have occurred over the past 49 years.
TableI HistoricalChangesto CouncilComposition
Year Population No.ofCouncillorsAverage/ (excl.(hair) Member
1970 151,000 13 9,433
l ' 1973 232,333 17 13,696
1933 434,757 19 22,332
1 2003 355,000 20 42,750
2013 1,191,353 20 59,568
Councilhas recentlyconsideredfurther changesto its compositionA
In 2013, Council considered motions to add an extra member from Vaughan and an additional member from each of Aurora, East Gwillimbury,King and Whitchurch-Stouffville. The motion relating to Vaughan’s additional member carried while the motions relating to the other four municipalities lost.
At Council'srequest, the Ministerof MunicipalAffairsenacted Regulation 279/13 permitting York Region to add an additional member from Vaughan. However, the proposal subsequently failed to meet the ‘triple majority’ requirements.
In 2016, the Region undertook a detailed review of its governance, including an education session. This resulted in the reintroductionof the proposal for an additional member for Vaughan. The proposal also failed to meet the ‘triplemajority’ requirements.
Mandated Review of Regional Council Composition 2 Page 8 of 27 AGENDA ITEM #9.1 An amendment to the MunicipalAct means that the Region no longer requires a regulation to permit changes to its composition.
TheProvincerecentlyconsideredmunicipalgovernance, includingcouncilsize
In July 2018, the provincial government announced a reduction in the number of councillors and wards in the City of Toronto from 47 down to 25. At the same time the Province announced its intention to undertake a review of regional government.
On January 15, 2019, the Province appointed Ken Seiling and Michael Fenn as special advisors to review regional governments. The review spanned over eight months and focused on governance, decision-making and service delivery in the 82 municipalities in the regions of Durham, Halton, Niagara, Peel, Waterloo and York as well as Muskoka District, Oxford County and the County of Simcoe.
On October 25, 2019, the Province announced that it had decided against pursuing a top- down approach to changing the structure of regional governments.
4. Analysis
Councilmust achievea ‘triplemajority’and holdat least one publicmeeting before it can either enact a bylawto changeits compositionor pass a resolution to maintain thestatus quo A ‘triple majority’ is attained when all of the following factors are met:
a A majority of all votes onRegional Council must be cast in its favour
o A majority of the nine local municipal councils must pass resolutions consenting to the bylaw or resolution
- The total number of electors (i.e. eligible voters from the last municipal election), in the local municipalities that have passed resolutions consenting to the bylaw or resolution must form a majority of all electors in York Region
Theproposedscheduleallowssufficienttime to completethe reviewin advance of the legislateddeadline
Attachment 1 details a proposed schedule for undertaking the composition review. It is designed to allow sufficient time for regional and local councils to debate potential changes and respond as required. Italso schedules the legislated public meeting.
In the proposed schedule, a final decision needs to be made by November 2020 which is ahead of the required provincial deadline.
Mandated Review of Regional Council Composition 3 Page 9 of 27 AGENDA ITEM #9.1
Failureto rendera decisionby December7, 2020 couldlead to Ministerial intervention
This review must be done by December 7, 2020 and then after every second regular municipal election (i.e., by December 2028, December 2036, etc.). IfCouncil fails to meet the deadline and/or any decision fails to achieve the ‘triple majority’,the Ministermay change the composition of Regional Council by regulation.
Section 218(10) of the MunicipalAct indicates that when considering whether to make a regulation the Minister shall, in addition to anything else they may wish to consider, have regard to the principle of representation by population.
Representation bypopulationis one considerationof effectiverepresentation and it varies widelyacross regionaland localmunicipalities
Representation by population is a factor that can be used toydeterminethe appropriate number of members of Council. However, there is no consistent formula to determine the optimal number of members.
The Supreme Court of Canada considers representation by population as a prime, but not an exclusive, condition of effective representation. Other factors such as geography, community history, community interests and minority representation can be considered. Representationby populationvaries widelyacrossregionaland local municipalities
Attachment 2 shows, based on 2018 population statistics for each local municipality, the population per elected member, the percentage of the Region's population and the percentage of the representation on Regional Council.
The Region's 2018 population was 1,191,356, which equates to each member, on average, representing a population of 59,568. The local population represented by each member ranges from 24,200 in Georgina to 82,258 in Vaughan.
As outlined in Table 2, similar ranges exist in the other Regions. Generally, the rural local municipalitiesin the Regions have a lower population per member and the urban municipalities have a higher ratio.
Mandated Review of Regional Council Composition . 4 Page 10 of 27 AGENDA ITEM #9.1 Table2 Range of localmunicipalrepresentation per Councilmemberin regional municipalities
Municipality Rangeoflocalmunicipalrepresentation
Durham 6,000 to 29,000
Halton 20,000 to 26,000
Niagara 6,000 to 22,000
Peel 14,000 to 91,000
Waterloo 10,000 to 51,000
York 24,000 to 82,000
York Region Councilis lean comparedto other regional municipalities
York Region has 20 elected members plus the Regional Chair. As outlined in Figure 1, York Region has fewer members than all-but one other regional municipality.
Figure l
Population per Member, excluding Chair
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Mandated Review of Regional Council Composition Page 11 of 27 AGENDA ITEM #9.1 5. Financial
There are no ?nancial implications associated with this report. Pending the direction received from Regional Council, potential ?nancial implications willbe brought forward as part of any future analysis.
6. local Impact
local municipalitiesplaya decision-makingroleand willalso be affected byany changein composition
A majority of local municipalities, representing a majority of the electors in York Region, must support any proposed decision of Regional Council.
Additionally, should Regional Council's composition change itwilldirectly impact the composition of the affected local council.
The local municipalities can anticipate Council's notice of its intentionto pass a bylaw to change its composition or a resolution to maintain the status quo by April24, 2020. Local municipalities willbe requested to provide an indicationof whether they support the proposed bylaw or resolution by no later than June 25, 2020.
7. Conclusion
Section 218(6) ofthe MunicipalAct requires all regional municipalities to review, for each of its local municipalities, the number of members of its council representing each local . municipality withinthe first two years of the 2018-22 term. The Regions of Durham, Halton and Niagara made changes during the last council term and are therefore exempted from further consideration this term. The Regions of Peel, Waterloo and York are required to conduct composition reviews.
Although representation by population is a prime consideration for effective representation there is no optimal number and it varies widely across municipalities. Regional Council has only grown by four members since its inception and is a relatively small council compared to other regional municipalities.
Regional Council must either pass a bylaw to change the composition of Council, or a resolution to maintain the status quo before December 7, 2020. Either option requires ‘triple majority’ support and at least one public meeting before it can be adopted.
Failure to comply with the legislated process by the set deadline may result in the Minister enacting a regulation to unilaterally change the composition of Council.
Mandated Review of Regional Council Composition 6 Page 12 of 27 AGENDA ITEM #9.1
For more information on this report, please contact Christopher Raynor, Regional Clerk at 1-877-464-9675 ext. 71300. Accessible formats or communicationsupports are available upon request.
Approved for Submission: Bruce Macgregor Chief Administrative Of?cer
January 27, 2020 Attachments (2) #10492009
Mandated Review of Regional Council Composition Page 13 of 27 AGENDA ITEM #9.1
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Page 15 of 27 AGENDA ITEM #9.1
THE REGIONAL MUNICIPALITY OF YORK
BYLAW NO. 2020-XX A bylaw to change the composition of Regional Council
WHEREAS the Municipal Act, 2001 (the "Act") permits an upper-tier municipality to change the composition of its council subject to the rules set out in Section 218 (1) of the Act;
AND WHEREAS Section 6 (1) of the Municipal Elections Act, 1996 provides that the term of all offices to which that Act applies is four years, beginning on November 15 in the year of a regular election;
The Council of The Regional Municipality of York hereby enacts as follows:
1. That the composition of Regional Council be changed to increase the number of members representing the City of Vaughan from four (4) to five (5).
2. The additional member from the City of Vaughan shall first be elected in the 2022 regular municipal election and shall take office on November 15, 2022.
ENACTED AND PASSED on MONTH DATE, YEAR.
Regional Clerk Regional Chair
10641307
Page 16 of 27 AGENDA ITEM #9.2
Regional Fire Service
On February 27, 2020 Regional Council made the following decision on the motion by Mayor Tom Mrakas, Town of Aurora:
WHEREAS the consolidation of Aurora and Newmarket fire services into Central York Fire Service has resulted in efficiencies through enhanced levels of fire service and cost efficiencies;
WHEREAS a Regional Fire Service may achieve further operating efficiencies, improved department structure, increased service level(s), and cost avoidance opportunities;
BE IT RESOLVED THAT the Regional Clerk share this motion with local municipal Councils requesting a resolution by May 29, 2020 indicating whether they support proceeding with a study on the potential creation of a Regional Fire Service.
1 Page 17 of 27 AGENDA ITEM #9.3 The Regional Municipality of York
Committee of the Whole Finance and Administration April 16, 2020
Report of the Regional Solicitor Transfer of Part III Prosecutions to the Regional Municipality of York
1. Recommendations
1. That Council authorize the execution of amending agreements between the Province, The Regional Municipality of York (York Region) and the nine local municipalities which amend the Memorandum of Understanding and the Local Side Agreement involving the prosecution of offences commenced under Part III of the Provincial Offences Act (POA).
2. That Council seek resolutions from the nine local municipalities in the suggested form to delegate authority to York Region to enter into amending agreements with the Province to amend the Memorandum of Understanding and the Local Side Agreement on behalf of the local municipalities (Attachment 1).
2. Summary
This report seeks Council authorization to execute agreements that amend the Memorandum of Understanding and the Local Side Agreement to transfer the prosecution of Part III proceedings from the Province to York Region. Local municipalities are also parties to these agreements requiring amendment. To facilitate the transition, a draft resolution delegating local Councils’ authority to York Region to execute these agreements on their behalf is proposed for circulation to the local municipalities.
Key Points:
On June 30, 1999, the Province entered into agreements with York Region and the nine local municipalities to transfer the operation of the Provincial Offences Court and the prosecution of proceedings commenced under Parts I and II of the POA to York Region. The Province retained the prosecution of proceedings commenced under Part III of the POA, except for those proceedings already prosecuted by municipalities In December, 2017, the Province amended the POA to allow for an agreement to be entered into for the transfer of proceedings commenced under Part III of the POA For transfer of Part III prosecutions to occur, the amending agreements must be signed by the Province, York Region and the nine local municipalities
1 Page 18 of 27 AGENDA ITEM #9.3 3. Background Province transferred Provincial Offences Court program to Municipalities in 1999
Between April 29 and June 30, 1999, the Province, York Region and the nine local municipalities signed the Memorandum of Understanding and the Local Side Agreement which transferred to operation of the Provincial Offences Court and the prosecution of charges laid using the process under Parts I and II of the POA to York Region. Part I involves an officer issuing a ticket to a defendant with three options available – pay the set fine (plus costs and victim fine surcharge), complete a walk-in guilty plea, or request a trial. Part II involves parking tickets. The Province retained the prosecution of charges laid using the process under Part III of the POA, except for those offences previously prosecuted by municipalities. Part III proceedings are commenced by swearing an Information and serving a summons requiring a defendant to appear in court and involve more serious charges. Provincial Offences Act amended to allow for transfer of Part III prosecutions
On Dec 14, 2017, Bill 177 (Stronger, Fairer Ontario Act (Budget Measures) 2017) received Royal Assent. Sections 162 and 173 of the POA were amended to allow the Province to enter into agreements with municipalities to prosecute Part III charges. These are primarily charges for offences under the Highway Traffic Act, Compulsory Automobile Insurance Act, and the Dog Owners’ Liability Act.
York Region currently prosecutes Part III charges under municipal by-laws, and some Provincial statutes and regulations including the Building Code Act, Fire Protection and Prevention Act, Health Protection and Promotion Act, and Smoke Free Ontario Act. Other Part III charges laid under various other Provincial statutes and regulations are prosecuted by the ministry responsible for the Act and are not included in the transfer (e.g. Ministry of Labour, Ministry of Transportation, and Ministry of the Environment). Authorization to execute amending agreements required
The transfer will require the Province and local municipalities to sign amending agreements to the Memorandum of Understanding as well as the Local Side Agreement. Authorization to sign these agreements will be required from York Region Council as well as the nine local municipalities since all are named as parties to the original agreements.
4. Analysis Provisions contained in the draft agreement would facilitate the transfer
The draft amending agreement to the Memorandum of Understanding contains provisions that would transfer the prosecution of proceedings commenced under Part III of the POA to York Region, with the exception of certain Part III proceedings. The provisions contained in the draft agreement would facilitate the transfer.
Transfer of Part III Prosecutions to the Regional Municipality of York 2 Page 19 of 27 AGENDA ITEM #9.3
The draft amending agreement to the Local Side Agreement contain provisions that would transfer files from the Province to York Region, with an effective date for the transfer to be agreed upon. It also requires York Region to make available workspace and access to technology for the Province for those matters retained by the Province. Efficiencies may be realized through the transfer
The transfer of Part III prosecutions from the Province to York Region will create efficiencies in the operation of the Provincial Offences Court including:
The opportunity to end segregated dockets and improve trial scheduling by combining Part I and III charges together in one courtroom (currently Part I and Part III charges are segregated into separate courtrooms)
The opportunity to end conflicting court appearances for officers having to attend in separate courtrooms as Part I and III charges laid by an officer can now be combined into the same courtroom
Enhanced service delivery to the public by having one prosecution office for defendants, agents, lawyers and witnesses to deal with (currently there are two offices - Provincial prosecutors and Regional prosecutors)
A more streamlined process and simplified communications regarding which office is dealing with the matter as there will only be one office for the majority of charges
The majority of appeals will be handled by Regional prosecutors which will improve customer service, allow for more efficient use of court time and create consistency in the appeal court
Police will have one prosecution office with one disclosure process
Greater control in response to local specific issues/concerns/practices and procedures
Professional development opportunities for staff Initiative supports the 2019 to 2023 Strategic Plan and aligns with Vision 2051
The transfer of Part III prosecutions to York Region will enhance the delivery of court services to the community through a more efficient and streamlined process, aligning with the 2019 to 2023 Strategic Plan priority area of supporting community health, safety and well-being and delivering trusted and efficient services. The transfer reflects an open and responsive government, a focus area of Vision 2051.
Transfer of Part III Prosecutions to the Regional Municipality of York 3 Page 20 of 27 AGENDA ITEM #9.3 5. Financial
Four additional staff to address the workload associated with the transfer of Part III charges have been hired. There is no additional budget impact to York Region.
6. Local Impact
There is no budget impact to the local municipalities as the POA program is operated solely at the expense of York Region. Local prosecutions will continue to be conducted by York Region. Local city managers and CAO’s are aware of the pending transition and the attached draft resolution is intended to provide a template for local Council’s delegation.
7. Conclusion
The Province is seeking to transfer the prosecution of proceedings commenced under Part III of the POA, except for certain offences. The transfer will improve the functioning of the POA court and make it more user friendly for the public to deal with one prosecution office. Amending agreements to the Memorandum of Understanding and Local Side Agreement must be executed by York Region and the nine local municipalities for the transfer to occur. Authorization is required from Council to execute the amending agreements. It is also necessary to seek resolutions from the nine local municipalities to delegate authority to York Region to execute the amending agreements.
For more information on this report, please contact Hans Saamen, Director of Prosecutions, at 1-877-331-3309 ext.73212. Accessible formats or communication supports are available upon request.
Recommended by: Joy Hulton Regional Solicitor
Approved for Submission: Bruce Macgregor Chief Administrative Officer
April 3, 2020 Attachment (1) 10587203
Transfer of Part III Prosecutions to the Regional Municipality of York 4 Page 21 of 27 AGENDA ITEM #9.3
ATTACHMENT 1
Resolution of Council
Whereas the Province entered into a Memorandum of Understanding and a Local Side Agreement with The Regional Municipality of York and the nine local municipalities with an effective date of June 30, 1999, for the operation of the Provincial Offences Court, the prosecution of charges laid using the process under Parts I and II of the Provincial Offences Act, and the transfer of records, files, assets, revenue and financial arrangements,
And whereas the Province intends to transfer the prosecution of charges laid using the Part III process under the Provincial Offences Act, along with all records, files and assets, through amending agreements to the Memorandum of Understanding and the Local Side Agreement,
Council of the (insert name of local municipality) hereby delegates authority to The Regional Municipality of York to execute amending agreements with the Province to amend the Memorandum of Understanding and the Local Side Agreement on behalf of (insert name of local municipality).
#10593887
Page 22 of 27 AGENDA ITEM #9.4
THE CORPORATION OF THE TOWNSHIP OF KING
REPORT TO COMMITTEE OF THE WHOLE
May 4, 2020
Engineering, Public Works and Building EPWB—2020- 70 RE: Preferred Timing for Blue Box Transition to Producer Flesponsibility
1. RECOMMENDATIONS:
The Engineering, Public Works and Building Department respectfully submits the following recommendation:
a) THAT the report titled “Preferred Timing for Blue Box Transition to Producer Responsibility” (EPWB—2020-10) dated May 4, 2020 be received; and,
b) THAT Council approve the timing for transition of the Blue Box Program to full producer responsibility for collection on December 31, 2025 coinciding with the end of the current waste collection contract;
c) THAT Council authorize staff to continue working in cooperation with the Northern Six (N6) municipalities in providing Blue Box collection services on behalf of producers, through future long term collection contracts, subject to mutually agreeable financial and operational terms; and
d) THAT Council authorize staff to communicate this resolution to the Association of Municipalities of Ontario (AMO), to Jeff Yurek, Minister of the Environment, Conservation and Parks, Caroline Mulroney, MPP for York—Simcoe,and the Regional Municipality of York.
2. PURPOSE:
The purpose of this report is to provide a recommendation to Council on the preferred non—binding timing for the transition of the Blue Box program to full producer responsibility.
3. BACKGROUND:
The Province of Ontario, through the Made—in—OntarioEnvironment Plan, has committed to moving Ontarids existing waste diversion programs to a full producer responsibility model. The Ministry of the Environment, Conservation and Parks (the Ministry) has initiated the transition of the Blue Box program from municipalities to producers.
The Association of Municipalities of Ontario (AMO) has requested all municipal governments with Blue Box recycling programs to provide AMO with an indication of the municipality’s preferred date for transition of the current Blue Box recycling programs to full financial and operational responsibility by producers of paper products and packaging.
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The Township of King provides waste collection and disposal services to our residents in a two-tier Integrated Waste Management System within the Regional Municipality of York, where the Region willcontinue to be responsible for the processing and disposal of source separated organics, yard waste, and residual solid waste, and the local municipalities willcontinue to be responsible for the collection of all waste streams.
The Township of King has a long-term contract for current waste collection, including Blue Box collection, with GFL Environmental Inc. (GFL), which expires December 31, 2025.
4. DISCUSSION AND ANALYSIS:
In August 2019, the Province of Ontario, through the Made-in-Ontario Environment Plan, committed to moving Ontario's existing waste diversion programs to a full producer responsibility model.
At this time, AMO has requested each municipality provide a non-binding transition date preference in order to gauge the overall picture as the Provincial Blue Box programs move towards full producer responsibility. This wide-reaching initiative is extremely complex and has significant uncertainties which willimpact each municipality. Staff continue to be closely involved and are monitoring the development of this transition with a focus on cost reduction, service level maintenance/improvements and convenience to our residents.
York Regional Council has noted the preference to have all local municipal Council decisions on preferred timing in order to pass a resolution that represents the whole integrated waste management system. The identified risks ifTownship Council decides not to pass a resolution involve:
o Other Municipalities across the province willbe identifying their preferred transition date, therefore it is important to support the AMO initiative to provide consistent messaging to the province 0 Ifmunicipalities don’t state a preference, the Province may create a methodology to determine how and when municipalities transition versus a preferred schedule in the forthcoming regulations that is based on each municipalitieslocal circumstances (i.e. existing contract expiry dates, capabilities, etc.) Therefore, this provides an opportunity to articulate a preferred transition date for our Municipality; 0 Regional Municipality of York Council has set precedence for proactive approach in advocating to the province; ifthe Region cannot bring a report to Council it willdeviate from their proactive approach with providing input to the provincial process.
It is possible that a transition to full producer responsibility could have significant changes to the existing Blue Box program, but details of such changes, are not known at this time. The current N6 joint collection contract with GFL ends on December 31, 2025 which coincides well with the latest possible transition date. Transitioning at the end of the current waste collection contract also avoids the need to negotiate with ourcurrent contractor and avoids potential contract penalties.
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Preparation of the post-2025 waste collection contract RFP willlikely begin mid-2024 as such; staff willbe able to incorporate knowledge learned from early transitioned municipalities into the post-2025 waste collection contract.
While there are theoretical increases in funding to municipalitiesfollowingtransition to full producer responsibility from approximately 50% to 100%, the actual financial benefit is difficultto quantify. Through the current Blue Box program the Township receives less than 40% of the 50% funding with the balance provided through in-kind services including advertising, etc. Likewise, post transition, staff do not expect full funding to be realized.
FINANCIALIMPLICATIONS
Under current legislation, producers of printed paper and packaging are responsible for 50 percent of the net costs of operating Ontario's Blue Box program. However, the process for determining actual net costs and producer obligation has been inconsistent and has resulted in the Township receiving 30-40% annual funding.
Table 1 below identifies the Township’s net Blue Box program costs and resulting producer funding received for the last five years.
Blue Box Percentage of Actual Program Pro:|rIzI:nB:<:tualPn|))gII:aIlII|nu:IIcrI:iaIII?=I|IIr?Net costs Received Year through RPRA Net Costs Allocation Model c‘I:ierItj:],edFIPRAFundin F”"°""9
2017
Table 1 - Blue Box Program Funding
Historically, the Township’s Blue Box program accounts for 26% of the Township's overall solid waste budget. By transitioning early, there is a potential for some additional financial benefit. However, it is difficultto determine the exact amount as there may be collection impacts elsewhere with unknown cost implications (e.g. levied contamination penalties, uncertain collection requirements or impacts to organics and garbage collection efficiencies).
Changes to the responsibilities of delivering Blue Box collection services will have an impact on future operating and capital budgets. Any associated costs as a result of changes including early termination to the existing contract remain unknown.
6. INTEGRATED SUSTAINABILTY PLANLINKAGE: King Township's Integrated Community Sustainability Plan was formally adopted by Council on April2, 2012. The sustainability plan is the Township's overreaching guiding
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document and is based upon common values, priorities, and aspirations of the community.
This report links to the Environmental Pillar and Waste Theme of the Integrated Community Sustainability Plan by promoting waste management solutions.
This report links to the Financial Pillar and Financial Stability theme of the Integrated Community Sustainability Plan by finding opportunities for cost saving in municipal spending, while maintaining or improving quality of life.
7. FINANCIAL AND BUDGETARY IMPACT:
There are no budgetary impacts resulting from this report. Staff will be reporting to Council regularly as the transition to the Extended Producer Responsibility program proceeds
8. CONCLUSIONS:
From the information presented in this report, it is recommended that the preferred year for transition be for 2025, the third and final transition year. While transitioning later will not provide a financial gain, it does provide more time to better understand and adapt to changes under a producer—|ed program. Furthermore, transitioning in year three better aligns with the end date of the current waste collection contract with GFL and reduces any potential increases to costs associated with the transition.
Staff will report back to Council through a future Council report as more details become known about the new Blue Box regulation and for approval of any future agreements with a Producer Responsibility Organization (PRO).
9. ATTACHMENTS:
None
Prepared by: Reviewed and Submitted by:
cl;/i/~ /
Colin Parks, BSO. Peter Angelo, P. Eng. Engineering Assistant Director of Engineering, Public Works and Building
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THE CORPORATION OF THE TOWNSHIP OF KING
NOTICE
COUNCIL AND COMMITTEE OF THE WHOLE MEETING (Electronic Meeting during an Emergency, pursuant to Section 238(3.3) of the Municipal Act, 2001)
Due to the fact all levels of government are enacting stricter containment measures to slow the spread of COVID-19, King Township is extending the closure of its facilities and cancellation of recreational programs until further notice.This decision was made with guidance from York Region Public Health, the Province of Ontario and the Government of Canada in order to slow the spread of COVID-19 and to protect our citizens and staff.
Council and Committee of the Whole Meetings will be held remotely (virtually) on:
MONDAY, MAY 4, 2020 - 6:00 p.m.
Due to efforts to contain the spread of COVID-19 and to protect all individuals, the Municipal Centre will not be open to the public to attend Council and Committee meetings until further notice.
Public Participation: The public may submit comments regarding agenda matters via email to the attention of the Township Clerk at [email protected] by 12:00 p.m. (noon) on the day of the Meeting. Submissions received will be circulated electronically by the Clerk or his/her designate, to all Members of Council and staff in advance of the start of the meeting. All submissions received will be included as part of the meeting record and noted in the minutes.
Live streaming of the meeting will be available to the public, during the meeting, via www.king.ca.
Information and copies of the staff report(s) will be available for review on the Township web-site at www.king.ca as of Thursday, April 30, 2020.
*Note: Members of Council will be participating in the meeting remotely.
Kathryn Moyle Director of Clerks/By-law Enforcement & Township Clerk
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