November 3, 2016 Page

NON-AGENDA MAIL November 3, 2016 Page

ITEM

3 - 6 1. November 3, 2016, Finance Department - Sole Source Vendor Review

7 2. October 28, 2016, Western Ontario Wardens’ Caucus - Economic Development Strategic Action Plan for Southwestern Ontario

9 - 12 3. November 3, 2016, Tourism Sarnia-Lambton - Advertising Opportunity

13 - 14 4. October 25, 2016, Enbridge - 2016 Public Awareness Program

15 - 18 5. November 3, 2016, AMO - Energy Now and Into the Future - A Symposium for Municipal Leaders

19 - 22 6. November 2, 2016, AMO - Federal Fall Economic Statement Increases National Infrastructure Spend

23 - 24 7. November 3, 2016, AMO - Watch File

25 - 26 8. October 31, 2016, SLEP - Upcoming Manufacturing Summit

27 - 29 9. November 2, 2016, OSUM - Annual Conference and Trade Show

31 - 32 10. October 31, 2016, FCM - Annual Conference

33 - 34 11. November 2, 2016, FCM - E-Newsletter

35 - 42 12. October 30, 2016, Friends of the St. Clair River - E- Newsletter

Page 1 of 124 Page

43 - 44 13. November 2, 2016, County of Lambton - Council Highlights

45 14. November 1, 2016, MMAH - Ontario West Municipal Conference

47 - 49 15. November 3, 2016, FCM - President's Corner

51 16. November 1, 2016, MNRF - Technical Briefing on Bill 39 (amendments to the Aggregate Resources Act)

53 - 124 17. November 3, 2016, Ombudsman - Annual Report

Page 2 of 124 THE CORPORATION OF THE CITY OF SARNIA People Serving People

FINANCE DEPARTMENT

NON–AGENDA REPORT

TO: Members of Sarnia City Council

FROM: Shawn Unsworth, Purchasing Manager Lisa Armstrong, Director of Finance

DATE: November 3, 2016

SUBJECT: Sole Source Vendor Review

As per the Procurement Policy approved by Council, an annual report of the approved Sole Source Vendors is required to be provided to Council.

As part of the evaluation of Sole Source Vendors, Department teams forward details of the justification for Sole Source Vendor for review by the Department Head, and the Purchasing Manager. Prior to final approval, the Purchasing Manager reviews the comments and researches the validity of the request to ensure no other options are present for the product or service.

Reviews of the current approved list are completed annually; any new requests for Sole Source Vendors will be reviewed to ensure compliance within the Procurement Policy as a Sole Source Vendor and to verify the marketplace for the product or service has not changed to a competitive market.

Current List attached as of November 3, 2016

Attachment(s): 2016 Approved Sole Source Vendor List

Page 3 of 124 Sole Source Vendor List

Vendor Name Department Purchasing Comments

Ainsworth WPCC Design/repair/service to drives/pumps/motors

Arctic Equipment Manufacturing PW Supplier of Arctic Brand snow blades and hoppers

ATSI/Aqua Technical Sales WW Ontario distribution rep. for Smith and Loveless parts

Bell Canada All Monthly Service Charges for Office Landlines

Blue West Equipment PW Hyundai Loader Authorized Dealer

Bluewater Power PW Traffic Signals and Street Light Maintenance provider

Carrier Centre PW Local authorized International Trucks Service Parts centre

Cemen Tech WPCC parts for sludge mixer and related equipment Champion Industrial PW Sole supplier found for Dickey John salt spreading equipment Cubex PW Service and Parts supplier for Vac-all sweepers and Hydro-X truck Daytech MFG. Limited Transit OEM for the bus shelters that are currently in place at transit stop locations Diamond MFG. Inc. Transit OEM supplier for the fareboxes used by Sarnia Transit Directrik Inc. WPCC authorized distributor for Weir Envirotech pumps Page 4 of 124

Dover Agri Serve Inc. WPCC weed control in marsh areas

Durell Control Systems Property exclusive installer/service provider for Delta Control products ENV Treatment Systems WPCC OEM and manufacturer of clarifier units and associated equipment Fernco Connectors PW OEM manufacturer for Pipe patching system (no dig repair) G.C. Duke Eqiupment Ltd. All To provide parts for Jacobsen and other lawn/garden equipment H2 Flow WPCC Ontario distributor for Trojan UV products Sole Source Vendor List

Vendor Name Department Purchasing Comments ITT Water and Wastewater (no Xylem Canada) WPCC Standarization for Pumps due to service life and quality/ Ontario distributor for Flygt Pumps Joe Johnson Equipment PW Dealer for Vactor, Tiger Mowers. Epoke and Elgin Sweepers for Ontario John Brooks Company WW Sole Distributor for Ontario Eone sewer system products Lantec Products Inc. WPCC OEM Supplier for air scrubber Latec Instruments Parks and Rec. OEM manufacturer for lazer leveling system for ice resurfacer Linesman Testing Labs Forestry Sole supplier found to complete electrical glove testing in Ontario to ESA specifications London Mack (now Vison Truck Group) PW OEM authorized supplier for Mack Truck parts and Service (hydro-excavation truck) Marco Clay Products Parks and Rec. Provides a specialized blend for ball diamond infield clay. Contacted Siemens directed, and via phone conversation, they outlined that Measuremax is the distributor for Measuremax WW Southwestern Ontario Metcon Sales and Engineering WPCC OEM of chemical pumps for alum system Multi Solv PW Authorized distributor for canslip Se and CanClean for environmental friendly release agent for hot mix Nordstrong Equipment WPCC OEM supplier for N-Viro screw conveyor Nortrax PW Parts/Service John Deere Loader's and Backhoe N-Viro Systems Canada (now Walker Environmental) WPCC OEM for biosolids process for On-site Management Services N-Viro Systems Canada (now Walker Environmental) WPCC Alkaline Admixture used in biosolids processing Ontario Clean Water Agency WPCC only known vendor that can provide treatments to the lagoon operations P.E.S. Canada PW Supplier of Code 3 lights and controllers for Fire and Police Services Powerscreen of Canada WPCC Sole Ontario supplier for Terex powerscreen parts and service

PTAPage 5 of 124 Maintenance Police Range maintenance and cleaning Pye Brothers Parks and Rec. OEM distributor for Esso WF55 oil used in ice plant compressors

Q-Straint Transit OEM Supplier of Wheel Chair restraint systems Resurfice Corporation Parks and Rec. OEM Supplier for Olympia Ice resurfacing Equipment Rotork Controls WPCC OEM Supplier for Rotork control systems Strategic Mapping Transit OEM supplier for current bus stop notification system T D Rooke Associates Ltd. Eng North American supplier of Pleuger pumps meeting the specifications of the application Team Truck Centre PW Local authorized Freightliner Supplier Thermo King of Toronto Transit OEM for bus HVAC systems Sole Source Vendor List

Vendor Name Department Purchasing Comments

Transaxle Parts Inc. Transit Custom Transit brake supplier manufacturer (other known supplier closed June 2011) Union Gas PW repairs to gas lines Vermeer Canada PW OEM Supplier for Vermeer Forestry Equipment Viking Cives PW OEM parts and Service for Plows and Salt Handling Trucks Wachs Canada PW OEM for Wachs Valve turning equipment Wajax Industries PW Authorized Terex boom Truck Supplier for Ontario (Forestry Bucket Truck) and Allison Transmissions Zamboni Parks and Rec. OEM supplier for Zamboni Ice resurfacing Equipment Page 6 of 124

October 28, 2016

Dear Head of Council and Chief Administrative Officer/Clerk:

The Western Ontario Wardens’ Caucus (WOWC) is undertaking the development of an Economic Development Strategic Action Plan for Southwestern Ontario and needs your input and participation. When complete, this action plan will guide actions and advocacy to address the shared economic concerns of southwestern Ontario.

A team guided by Lauren Millier of MDB Insight has been retained to complete the project. We believe extensive stakeholder consultation and dialogue is vital to the success of this initiative. Between now and mid-December, MDB will complete 50 interviews with key businesses and economic development stakeholders. In addition, Erik Lockhart of Queen’s University will facilitate four workshops to gain further input and identify themes of our economy’s most pressing challenges and opportunities.

We invite you, your economic development colleagues and business stakeholders in your community to participate. Complete our survey and/or register for one of our workshops.

Survey - www.surveymonkey.com/r/WOWCEDSurvey

Regional Focus Groups

Fergus 1:00 PM to 3:30 PM https://wowcfocusgroup-fergusaftnoon.eventbrite.ca Nov. 28, 2016 6:00 PM to 8:30 PM https://wowcfocusgroup-ferguseve.eventbrite.ca London 1:00 PM to 3:30 PM https://wowcfocusgroup-londonafternoon.eventbrite.ca/ Nov. 29, 2016 6:00 PM to8:30 PM https://wowcfocusgroup-londonevening.eventbrite.ca/

Sincere regards,

Warden George Bridge,

Chair, WOWC Economic Development Committee

Western Ontario Wardens' Caucus 789 Broadway Street, Wyoming, ON N0N 1T0 T: 519-845-0801 F: 519-845-3160 TF: 1-866-324-6912 Page 7 of 124 Page 8 of 124 ADVERTISE lll IHE 2017-18 E)(PERIEil(E GUIDE AllD I'IAP

TOURISM Sarnia

YotJR oFFr(rAL 2017 20t8 6UIDE TO experiences thot m otte r

CIR(UI.ATION

55,OOO E)(PERIEN(E GlJIDES 35,000 l'lAPS 0ntario lravel lnformation (entres

Wide distribution throughout Sarnia-Lambton

Regional and provincial lourism events

2016 0ntalio's Southwest lnnovation 11,000 wclcome parkages for conventions, Awald winnel sees gteat value in rìcw(onìers ¿nd sltorls cvcnts display advertising lourism S¿rni¿-Latnlll0n's VisiL0r (entre

Tourism Sarnia-Lambton's Navigate guide and map provide us with an excellent opportunitV to reach BOOK YOUR thousands of visrlors. The hiqh-qualilv AD TODAY! publications invite readers to explore Book ancl PaV EarlV: November 10, 2016 has offer. all thal Lambton IountV to tinal Deadline: ,lanuarV 15,2017 Placing a display ad has been a ket/ (ONÏA(I waV to promote our brand, intrigue (over is suble(t to (lìãnqe visitors about our resIaurant, direct Jeff l'lc(oy Sales - Sarnia, St. (lair and [entral Lambton them lo our location, and grow our ]'IARKETING BEST PRINT sales@tou rismsarn ialambto n.com business throuqh tourism. OPPORTUNITY IN SARNIA.TA1',lBTON Direct line: 519-490-0141

Brad 0ke, LOWER AD RATES (hristine Bregman 0wner of Smackwater Jacks, 6rand Bend We value your business. Further savings if you Sales - Lambton Shores book and paV bV November 10, 2016 (Breg man@toulismsa rniala m bton.co m Direct line: 519-336-3212 ext. l0l FREE AD DESIGN

ONE-YEAR SHETF LIIE

DIGITAT I'|ARKETING PACKAGE WITH EVERY AD

POINI EDWAR} I SARNIA I IRAND BEND ' PETROLIA ( . . . . B R I G D . F O R E S . A R l( O N P O R F R A N K S T ll E D I O R D F L O R E N E A t V I N S T O N . ¡4 O O R E T O W N W A T I O R D . W Y O ¡,1 I N C O I I S P R I N G S S O tl B R A t N T À ' T ' ' \/VATPOIE ISIAND IIRST NATION.AAHJIWNAANC FIRSI NAIION.I(E.tTLE & STONY POINI ÍIRST NATION Page 9 of 124 TOURIS]'I SARNIA.LAl'lBTON 2017.18 EXPERIENCE GUIDE AND MAP AD SIZES

1/8 Page - 3.625 r 2.3125 l/8 P¿,te-i.625 x 2,ll2l

l/4 Page - 3.625 x 4.875

liElasc-1625x2.3125 l/8P¡ue-3625 r2,ll25

l/2 Page - 3.625 r l0

U2 Page - t.5 x 4.815 Page 10 of124

FULL PAGE - 7.5 x IO BA(K PAGE ONLY - 8.75 x II.25

Iov¡-r s !r5l¿íl ic ilì¡nCe

l'1AP tOVER and Sample Ad - I panel 4.375 x l0 BOOK AND PAY BY N()VE]rlBER 30, 2()I6 TO SE(URE THESE I.OW RATES

TO U R IS ti4 SAR N IA-LA IVI BTO N 2011.18 EXPERIEN(E GUIDE AND MAP ADVERTISER (ONTRA(Ï

An editable PDF version of this contract is available at www.TourismSarniaLambton.com/Advertising

Advertiser Name:

[ontad Name: Website:

(ode: Street Address: tity: Postal

EmailAddres: Phone Number:

Billing (ontact Name (if different from (0nt¿(tname): Billing Phone Number:

Billinq EmailAddres:

PÂYI'IENT OPTIONS

n (heque (pavable t0 T0urism Sarnia-Lambton) !þlaslertard !vtsn 1"1¿il to: Iourism 5¿rni¿-L¿mbton - 20lll8 Guide, 1455 Venetian Eoulevôrd, Point Edwôrd 0N N7I 7W7

Name on (redit [ard:

(ard Number: Expiry Date:

E)(PERIEN(E GUIDE RATES

Please include special instruclions for your EARI.Y BIRD RATE RATE stzE # 0r ADs (0sT book & pav þfore Nov. l0 after Nov l) advertisemenI here:

Full Page - /5' x 10' $2,4ee $2 699 0 $o

Full Page Advertori¿l - 7.5 x l0' $l,ggg $2,199 0 $o

l/2 Paqe - vert /5" x 4.875" nort 1.625' x 10" $l,æs $1,ße 0 $o

l/4 Page - 1.625' x4.875' $799 $849 0 $o

1/8 Paqe - 1.625" x 2.3125' $¡ss $499 0 $o

Back tover - 8,75" x 11.25" $4,299 $4,4ee 0 $o

lnside Front/Back - 75" x 10" $2 999 $3,199 0 $o

RATES l'lAP Sr b-tota l $0.00

slzE RATE # 0t ADs c0sT HST $0.00

(over Back - 4.375" x 10" $1,499 0 $o Tolal $0.00

I Panel - 4.375" x 10" $sss 0 $o Tourism Sarnia-Lambton HSI S 862615216RT0001

l/2 Panel - 4.375' x 5 $549 0 $o Pa\/ment is due upon ôppro\ial ol \/our ad.

Si gnature of advertiser Date:

To book your advertisement, please email this form to:

Jeff l'lr(o¡ Sales - Sarnia, St. 0air and (entral Lambton (hristine ((hris) Bregman, Sales - Lambton Shores [email protected] ([email protected] Direct line: 519-490-0141 Direct line: 519-116-3212 ext. l0l Page 11 of 124 TOURISM SARNIA-LAMBTON 2017-18 EXPERIEN(E GUIDE AND MAP ADVERTISER (ONTRA(T

An editable PDF version of this contract is available at www.ToutismSatniaLambton.com/Advertising

TER1'lS

Early-bird advertisers will be invoiced and payment is due by November 10, 2016. Advertisers who book after November 30 will be invoiced and pavmenl is due in 30 davs from lhe time of booking. [heques are t0 be made payable to Tourism Satnia-lambton,

2. Advertisers are liable for charges due under lhis contract, even in the event of business ownership changes.

3. To remain on schedule, advertisement deadlines will be enforced. Early-bird advertisinq booking and payment deadline is November 30, 2016. Iinal deadline for all advertising is January 15, 2017.

4. This contract can be cancelled bV Tourism Sarnia-Lambton at any time for any reason.

5 The posilion of an advertise/s ad is decided bV Tourism Sarnia-Lamblon.

6. 6raphile Þlarketinq and Tourism Sarnia-Lambton are noI responsible for loss 0r expense resulting from claims, actions or proceedings based on lhe conlenl of the magazine, map or magazine insert. Advertisement contenl is the responsibility of lhe advertiser,

7. Acceptable ad formats include high-resolution PDF, EPS, PSD or TIF files. lf you require free ad desiqn, that's no problem - please contact leff þ1c(ov or [hristine Bregman for more information.

This publication is produced on behalf of Tourism Sarnia-Lambton by: Graphite l'larketing 944 6reendale Street Sarnia,0N N7V iP5

POWER IN PRINT

According lo tourism industr\i expert, Roger Brooks, printed guides and brochures are N0I passe and are still an integral part of trip planning.

As much as we're tied to our tablels, smartphones, apps and computers, there's slill no subslitute for holding something tangible in Vour hands, According [o a recent research study, printed brochures, m¿ps and guides are used as a primarV source for trip planninq 55 percent of the lime.

During a trip, Sl percent ofadditional decisions are made from printed brochures, maps and guides. Seven out often visitors pick up at least one brochure while on a trip.

TOURISl'l SARNIA.LAl'lBTON DIGITAL REA(H

Website Traffic: over 35,000 unique visits per month; visits are growing at more than l0% monthly

NearlV 4,000 Facebook followers, over 1,700 Twitter followers,350 lnslagram followers, and more than 1,900 (0nsumet email subscribers.

Page 12 of 124 ENBRIDGE

OeT ? 5 ?016 2016 PUBLIC AWARENESS PROGRAM

Keeping in touch along the right-of-way

At Enbridge Pipelines lnc., keeping in touch with our valued stakeholders is a priority. Each year we provide important information about pipeline safety to landowners, neighbors, and various municipal agencies along our pipeline right-of-way.

Our "Keeping in Touch" brochure contains up{o-date information about pipeline safety precautions and programs and importanl"Call or Click Before You Dig" contact information. The brochure also explains what to do if you suspect one of our pipelines has been damaged or if you see questionable activities around the pipeline.

Enbridge Pipelines lnc. is proud of its excellent safety record built over the past 50 years of operation in Canada. However, statistics show that the potential for a serious incident exists whenever individuals dig near a pipeline without first obtaining approval to proceed. lf vou plan to excavate within 30m fi00ftl of our pipeline it is law that vou have the pipeline located. This can be accomplished quickly and free of charge by calling: "Ontario One Call" at 1-800-400-2255 or "lnfo-Excavation in Quebec at 1-800-663- 9228" at least three (3) working days before commencing work

The NEW National Energy Board Pipeline Damage Prevention Regulations came into etfect June 19, 2016. These new regulations are law and must be respected. Key points to be aware of include:

The NEB Pipeline Damage Prevention Regulations - Authorizations replace the NEB Pipeline Crosslng Regulations, Part l. . Contains the responsibilities of those wishing to conduct an activity (construction, ground disturbances, or crossings) near a pipeline, and the conditions they must meet.

The IVEB Pipeline Damage Prevention Regulations - Obligations of Pipeline Companies replace the NEB Pipeline Crossrng Regulations, Part ll. . Contains the responsibilities of pipeline companies for managing any activities planned near a pipeline.

Amendments to the Administrative and Monetary Penalties Regulations (NEB) update the schedule of violations to align with the new regulations.

The complete regulation can be reviewed online at the following website:

At Enbridge, protecting public safety and the environment are our highest priorities. We value and recognize the importance of maintaining good relationship with our landowners, neighbors, and agencies along our pipeline right-of-way. We thank you for your cooperation in helping keep our pipeline one of the safest in the world. We also appreciate yourhelp in identifying any pipeline concerns you may encounter in the field. lf you notice anything unusual, call us immediately at our 24-Hour Emergency Toll-Free Number: 1-877- 420-8800. Crews located at strategic points along the pipeline route will take immediate steps to investigate all reported abnormalities.

Page 13 of 124 Please review the enclosed information with your staff and colleagues and keep it in a safe place for easy reference. We welcome any suggestions you might have to improve our service to you, ''¡ tf you"wourid, liiito måét 'üvith an Enbridge representative or have any questions or concerns, please call our Eastern,ì'ili Region - office at 1-800-668-2951 or contact us by email at est.reo.crossinq(Oenbridqe.com. ; ;íi : Si¡cerely, i

Ann Newman CET SRWA Supervisor, ROW Services, Eastern Region

Page 14 of 124 Energy Now and Into the Future A Symposium for Municipal Leaders Program at a Glance November 3 and 4, 2016 Holiday Inn Toronto International Airport, 970 Dixon Rd, Toronto Municipal Energy Champions are coming together to discuss ideas, opportunities, best practices and practical tools as they explore and shape Ontario’s energy future.

What’s On The Program? Day One: November 3, 2016

Setting the Stage • Current Affairs: The Business Case for • The Recent Report Card Municipal Energy, Air Quality and Climate Ontario’s Environmental Commissioner, Change Dianne Saxe will discuss findings from her Municipal leaders strive to make their recent Annual Energy Conservation Progress communities more livable, resilient and Report, including using energy reporting economically competitive; energy, air quality and benchmarking to reduce energy use and climate change is already a municipal and greenhouse gas emissions in municipal mandate that enables communities to buildings, fleets, and water systems. advance that vision. Gabriella will share the implementation and outcomes of • The Hard Questions of Electricity (a panel municipal actions that reduces vulnerability discussion) to energy price increases, increases Why does electricity cost more in Ontario transportation options and encourages than in neighbouring jurisdictions? How active transportation to improve residents’ can municipal governments plan for the health and well being; fosters local energy cost of the full life cycle of electricity opportunities to retain energy dollars within infrastructure? How can we get more value the community; supports local economic out of the current system? Moderated by development; and addresses present and Gary McNamara, Mayor of Tecumseh and future infrastructure needs. Municipal energy AMO Past President, representatives from and climate change leadership and action the OEB, EDA, IESO, and Niagara-on-the- provides an opportunity to build the livable Lake will tackle the complexities of Ontario’s communities we desire for ourselves and electricity system and what can be done to future generations. improve it.

* Topics subject to change, please visit amo.on.ca/Events/ES for the most up-to-date program Page 15 of 124 What’s On The Program?

Day One: November 3, 2016 continued

Beyond Ontario Ontario: A Look Into the Future

• The German Experience • The Future of Energy in Ontario Germany’s transition to a renewable energy Honorouble Glenn Thibeault, Ontario economy has gained international attention. Minister of Energy (confirmed) From reducing energy imports and shifting to renewable supply, to stimulating technology • Municipal Champions (a panel discussion) innovation and the green economy, there While the transition to low-carbon energy is much Ontario can learn from Germany’s production is not always easy, some experience. Craig Morris, Senior Fellow with municipal governments in Ontario are already the Institute for Advanced Sustainability innovating and developing strong practices. Studies, will outline Germany’s energy Representatives from Chatham Kent, Oxford transition, what the reaction has been, and and Oshawa will present the initiatives they what Ontario can learn. have been engaged in, their vision for the future of energy in their area, and what will • Climate Change & Quebec Municipalities be necessary to achieve it. Quebec has operated under a cap and trade system since 2013, and by now, the municipal • The Economy of the Future impacts are clear. The First Vice President The Ministry of Environment and Climate of the Union of Municipalities of Quebec, Change is setting the stage for a low-carbon Alexandre Cusson, will outline Quebec’s future for Ontario. Minister Glen Murray system, the impacts on the municipal sector, will outline his Ministry’s initiatives, the and what Ontario and Quebec can pursue opportunities for small and large municipal together to advance collective goals. governments in a low carbon economy, and how communities can benefit from the • Microgrids to Virtual Power Plants Climate Change Action Plan and cap and As Ontario moves towards low carbon trade activities. energy systems, the value of microgrids and virtual power plants will grow. Microgrids can provide backup for the grid in case of emergencies, can cut costs, and can connect to a local resource that may be too small or unreliable for traditional grid use, allowing communities to be more energy independent. Virtual power plants can integrate several types of power sources, to establish a more reliable overall power supply. Ken Church from NRCan and Peter Asmus from Navigant will explore these two approaches, and how to better connect distributed generation to local and broader energy needs.

Page 16 of 124 What’s On The Program?

Day Two: November 4, 2016

What We Need to Tackle: Ontario’s GHG Emitters Building the Work Plan

• Transportation: Diesel and Compressed The afternoon of day two will be split Natural Gas into size and/or capacity based facilitated The transportation sector is the largest workshops. emitter of greenhouse gases in Ontario, accounting for over 30 per cent of emissions. In these sessions, QUEST and Ontario In this session, representatives from Enbridge Sustainability Energy Association will will discuss how compressed natural gas and work directly with delegates to build out switching to diesel can help address this issue a checklist based work plan. These to-do and reduce emissions. lists will help Ontario’s municipalities move towards a low-carbon energy system in their • Buildings: Retrofits and Net Zero area. Depending on where they are in the The Canadian Home Builders’ Association process, this may include energy mapping, has been working on the development of creating energy plans, or creating climate net zero energy homes and energy retrofits. change plans. Sonja Winkelmann, the Director of Net Zero Energy Housing, will outline how Event Details this work is evolving and the potential for net zero energy homes in small and large communities. When: November 3rd and 4th, 2016 How Much: $150 plus HST • Distributed Generation and Storage Where: Holiday Inn Toronto Airport, Storing energy is key to ensuring we have 970 Dixon Road the energy we need when we need it, and To book a room please call 416.675.7611 and let to ensure an efficient energy system. This them know you are attending the AMO Energy session will explore on how to create energy Symposium. Room rates are $119 per night for on a more localized basis, how to store a standard room. Please note special rates have energy, and how companies are working with not been negotiated for other room types. the public sector on distributed generation and storage.

• Municipal Cap-and-Trade Opportunities What are the opportunities for municipal governments in cap and trade? Will it allow municipal governments to save money? Reduce their energy consumption? The speakers in this session will explore these questions, and outline how the municipal sector may benefit from the cap and trade system developing in Ontario.

Page 17 of 124 Energy Now and Into the Future A Symposium for Municipal Leaders Registration Form November 3 and 4, 2016 Holiday Inn Toronto International Airport, 970 Dixon Rd, Toronto

Name

Municipality/Organization

Title

Twitter Handle

Mailing Address

Municipality Province Postal Code

Primary Telephone E-mail Address

Registration Fees: Please let us know if you have any specific dietary or Full Symposium: $150 plus HST ($169.50) accessibility needs: Registration includes: lunch and dinner reception on November 3; breakfast and lunch on November 4. Please send completed forms to: Day Two Selection: Afternoon sessions on November 4th, will Fax: 416.971.9872 be instructor led workshops that will help you build your checklist for a low carbon future for your municipality. Each session will be E-mail: [email protected] targeted by size of municipality. Mail: Attn: AMO Events: 200 University Avenue, Suite 801, Toronto, ON., M5H 3C6 Please select one STREAM option Cancellation Policy: Stream 1: Under 10,000 OR new to energy planning All conference refund requests must be submitted in writing to [email protected] before October 3, 2016, for a full refund, Stream 2: 10,000 to 50,000 OR modest capacity less a $85 plus HST ($96.05) processing fee. No refunds will Stream 3: Over 50,000 OR greater capacity be given after October 3, 2016 Substitution Policy: Delegates may substitute in their place another delegate at any time, including on-site.

Payment Information MasterCard Visa

Invoice Me (option only available to Member municipalities) Credit Card # Cheque enclosed please make cheque payable to Expiry Date Association of Municipalities of Ontario Signature HST: 10673294RT001

By completing this registration form you are providing AMO with consent to send information on Name on Card all activities related to current and future courses on the topic of Energy. If you wish to no longer receive information from AMO please contact [email protected] to unsubscribe. Page 18 of 124 From: AMO Communications [mailto:[email protected]] Sent: November-02-16 2:54 PM To: Margaret Misek-Evans Subject: AMO MEMBERS UPDATE

November 2, 2016

Federal Fall Economic Statement Increases National Infrastructure Spend

The investment by Canada into infrastructure will grow by an additional $81 billion. The total 12-year plan is $187 billion, including 2016/17 amount. It also sets out what its annual spend to 2027-28 for public transit, green infrastructure (water, wastewater and stormwater) and social infrastructure (housing and child care), transportation supporting trade and rural and northern communities that require a more targeted approach. The funding plan also includes indigenous communities. Check out two charts from the Statement that follow.

Next steps: Design work for each program area (e.g. eligibility). AMO expects to be involved in this work, just as it was in the design for the Clean Water and Wastewater Fund. AMO is readying its advice including a better alignment with Ontario’s municipal asset management and capital plans rather than the old incrementality rule and continuing an allocation formula approach.

The government also announced:

i. Plans for Canada Infrastructure Bank. It will deliver $35 billion through loans, loan guarantees and equity investments for more complex and revenue generating projects. Its objective is to attract private sector capital, conclude project deals and minimize the amount of governments’ support to make a project financially viable. ii. a Smart Cities Challenge in 2017 whereby local government, citizens, businesses and civil society would create plans to improve the quality of life for urban residents, through better planning and clean, digitally connected technology such as greener buildings, smart roads and energy systems, and advanced digital connectivity for homes and businesses.

Details of the Long-term Infrastructure Plan from the Economic Statement are:

Page 19 of 124

Details of the Spending Plan by Program Area (Shows Yesterdays Added Commitment (FES), 2016 Budget Commitment and Previous Commitments)

Table 2.1

Investing in Canada—Total Federal Government Spending in Infrastructure

(millions of dollars)

2016– 2017– 2018– 2019– 2020– 2021– 2022– 2023– 2024– 2025– 2026– 2027– Total

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Fall Economic Statement Public Transit 0 300 1,100 1,100 1,500 1,800 2,200 2,500 2,800 4,000 4,000 4,000 25,300

Green 0 0 1,100 1,100 1,400 1,800 2,200 2,500 2,800 3,000 3,000 3,000 21,900 Infrastructure

Social 0 0 1,100 1,100 1,400 1,800 2,200 2,500 2,800 3,000 3,000 3,000 21,900 Infrastructure

Trade and 0 400 500 700 800 1,100 1,100 1,100 1,100 1,100 1,100 1,100 10,100 Transportation Rural and Northern Communities 0 0 200 200 200 200 200 200 200 200 200 200 2,000 Total—Fall 0 700 4,000 4,200 5,300 6,700 7,900 8,800 9,700 11,300 11,300 11,300 81,200 Economic Statement Canada Infrastructure Bank delivers at least $15 billion, on accrual basis, of funding above ($35 billion on cash basis)

Details on program architecture and specific allocations will be announced in Budget 2017

Budget 2016

Page 20 of 124 Public Transit 852 1,696 852 0 0 0 0 0 0 0 0 0 3,400

Green 874 1,562 1,157 746 671 27 1 19 0 0 0 0 5,057 Infrastructure

Social 1,653 1,679 53 36 20 0 0 0 0 0 0 0 3,441 Infrastructure Strategic 500 1,250 250 0 0 0 0 0 0 0 0 0 2,000 Investments in Post- Secondary Institutions

Rural 6 81 253 108 52 0 0 0 0 0 0 0 500 Broadband Total—Budget 3,885 6,268 2,565 890 743 27 1 19 0 0 0 0 14,398 2016

Existing Infrastructure Programs Infrastructure 5,765 5,298 7,618 5,285 5,417 4,381 4,326 4,426 4,426 4,526 3,718 3,718 58,905 legacy programs Social and 3,384 3,370 3,323 2,898 2,800 2,720 2,580 2,450 2,321 2,219 2,123 1,996 32,186 Green Infrastructure (CMHC, INAC, Public Safety Canada, Health Canada, ESDC, PHAC, Canadian Heritage)1 Total—Existing Infrastructure Programs 9,149 8,668 10,941 8,183 8,217 7,101 6,906 6,876 6,747 6,745 5,841 5,714 91,090

Total New and Existing Infrastructure 13,034 15,636 17,507 13,273 14,260 13,829 14,807 15,695 16,447 18,045 17,141 17,014 186,688 Programs

1 CMHC: Canada Mortgage and Housing Corporation; INAC: Indigenous and Northern Affairs Canada; ESDC: Employment and Social Development Canada; PHAC: Public Health Agency of Canada.

Summary: The additional funds are most welcomed as they begin sooner than later and will help with our $6 billion annual need if we are to get out of our infrastructure state in the next 12 years. Ontario municipal governments are more advanced than other parts of the country in terms of asset management, capital planning and measuring outcomes. AMO believes this is important to any program design work and needs to be reflected in Canada-Ontario agreements.

Page 21 of 124 AMO Contact: Craig Reid, Senior Advisor, [email protected] or 416-971-9856 Ext. 334.

PLEASE NOTE: AMO Breaking News will be broadcast to the member municipality’s council, administrator, and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required. We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists.

DISCLAIMER: Any documents attached are final versions. AMO assumes no responsibility for any discrepancies that may have been transmitted with this electronic version. The printed versions of the documents stand as the official record.

OPT-OUT: If you wish to opt-out of these email communications from AMO please click here.

Page 22 of 124 AMO WatchFile - November 3, 2016

AMO Watch File not displaying correctly? View the online version | Send to a friend Add [email protected] to your safe list

November 3, 2016

In This Issue - Learn more about AMO’s What’s Next Ontario? project. - Representatives needed for the Accessibility Standards Advisory Council. - Ontario PC delegations during ROMA Conference. - Create meaningful reports with MIDAS - a powerful analytical tool. - Promoting a Culture of Accessibility and Inclusion.

AMO Matters AMO is hosting two more consultations today in Belleville and Cornwall to discuss our What’s Next Ontario? project. These sessions are open to all municipal elected officials and staff. Click here to learn more.

Provincial Matters The province is seeking municipal candidates to sit on the Accessibility Standards Advisory Council (ASAC) to provide advice on matters relating to accessibility and the implementation of the Accessibility for Ontarians with Disabilities Act, 2005. Applications can be made directly through the Public Appointments Secretariat.

AMO, LAS and ROMA Events Ontario PCs look forward to meeting with municipal representatives during the upcoming ROMA conference. To arrange a delegation, please send a request to Ernie Hardeman, PC Critic for Municipal Affairs, at [email protected] or by fax at 416-325-1259.

Municipal Wire* Fifteen years of municipal Financial Information Returns are available on the Municipal Information & Data Analysis System (MIDAS). Watch a MIDAS training video to see what MIDAS can do for you. Access is free to all Ontario municipalities - email [email protected] and get started.

The Promoting a Culture of Accessibility and Inclusion forum will highlight new, exciting and innovative thinking and projects that promote accessibility and inclusion in our communities, and will showcase emerging and best practices on building inclusivity in all aspects of our lives: work, community, the built environment and more.

About AMO AMO is a non-profit organization representing almost all of Ontario's 444 municipal governments. AMO supports strong and effective municipal government in Ontario and promotes the value of municipal government as a vital and essential component of Ontario's and Canada's political system. Follow @AMOPolicy on Twitter!

AMO Contacts AMO Watch File Team, Tel: 416.971.9856 Conferences/Events Policy and Funding Programs LAS Local Authority Services MEPCO Municipal Employer Pension Centre of Ontario Media Inquiries, Tel: 416.729.5425 Municipal Wire, Career/Employment and Council Resolution Distributions

Page 23 of 124 http://amo.informz.ca/...ervice/onlineversion/ind/bWFpbGluZ2luc3RhbmNlaWQ9NzM5ODEzJnN1YnNjcmliZXJpZD05MTA3NzA3NjM=[03/11/2016 1:27:01 PM] AMO WatchFile - November 3, 2016

*Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned.

Association of Municipalities of Ontario Please consider the environment 200 University Ave. Suite 801,Toronto ON Canada M5H 3C6 before printing this. To unsubscribe, please click here

Page 24 of 124 http://amo.informz.ca/...ervice/onlineversion/ind/bWFpbGluZ2luc3RhbmNlaWQ9NzM5ODEzJnN1YnNjcmliZXJpZD05MTA3NzA3NjM=[03/11/2016 1:27:01 PM] From: Jeanny Leung [mailto:[email protected]] Sent: October-31-16 11:46 AM To: Alex Palimaka ([email protected]); [email protected]; Don Anderson; George Mallay; Hein, Bruce M.; Jason McMichael; Jerry Beenink; 'Jesse Nahmabin'; Joel Regenstreif; Judy Morris ([email protected]); Margaret Misek-Evans; Mario Fazio; Mario Fazio; Mike Bradley; Ron Van Horne ([email protected]); Shirley DeSilva; Stephane Thiffeault; Warden Bev MacDougall Cc: Ana Daly; Anne Stewardson; Janis Moore; Katherine Stewart; Kathleen Pretty; Lianne Birkbeck; Melissa Mullen; Shelby Cope Subject: RE: Upcoming Manufacturing Summit

Good morning:

SLEP has partnered with Bluewater Technology Access Centre to hold a Manufacturing Summit scheduled for November 7th. Please see attached agenda for further details. If you would like to attend, please register at https://www.eventbrite.ca/e/manufacturing- summit-conference-exhibition-tickets-28340067906?aff=es2.

Regards,

Jeanny Leung Receptionist/Clerk Sarnia-Lambton Economic Partnership 1086 Modeland Road, Bldg. 1050, Ste. 100 Sarnia ON N7S 6L2 519-332-1820 ext. 230 TF: 1-800-972-7642

www.sarnialambton.on.ca www.twitter.com/SarniaLambton www.facebook.com/SarniaLambtonEcPart www.youtube.com/SarniaLambtonEcPart

Page 25 of 124 Manufacturing Summit Agenda November 7, 2016, 10:00 a.m. – 5:00 p.m. Lambton College Event Centre

9:30 Registration and Exhibits

10:00 Welcome and Introductions

10:05 Keynote: Ian Howcroft, Vice President, Canadian Manufacturers and Exporters – Ontario Manufacturing and Exporting in Canada: Facing the Future

10:50 Keynote: Mark Frasco, Founder and President, COACT Associates Ltd. How to Grow Your Business by Developing Demand Strategies, Structure, and Processes to Deliver Customer Solutions

11:20 Chairing the Panel: Bettina Hamelin, Vice President, Research Partnerships Directorate, NSERC Innovation Success through Academic-Industry Partnerships Panelists: Doug Hatch, President, Vital Industrial Solutions Inc. Rick Perdeaux, Owner, Toolrite Engineering and Chairman, SLIA Eddie DeJong, Chief Dreamer and Inventor, Vita Gardens

12:00 Lunch Break and Exhibits

1:00 Keynote: Royce Mendes, Director and Sr. Economist, CIBC World Markets Remaining Competitive in the Global Marketplace: Opportunities, Challenges, and Trends

1:50 Chairing the Panel: Tom Strifler, Executive Director, Western Sarnia-Lambton Research Park Plant Operations, Maintenance and Construction Panelists: Ian MacLellan, President and CEO, Ubiquity Trevor MacLeod, Plant Manager, BioAmber Martin Bruce, Vice President Engineering, NOVA Chemicals

2:45 Coffee Break and Exhibits

3:00 Industry Supply Chain – Survey Report, Sarnia-Lambton Economic Partnership George Mallay, General Manager, Sarnia-Lambton Economic Partnership and David Moody, Project Leader – Business Growth Services, Sarnia-Lambton Economic Partnership

3:15 Round Tables – Attendees select a table discussion to take part in. Facilitators: Workforce Development, André Ouellette, Lambton College Corporate Training Training & Education Katherine Walker, iMAP Audit Inc. Exporting Bill Norton, Trade Commissioner Ontario Region Cameron Ellis, Export Development Canada Johanna Franz, Export Development Canada Marketing & Social Media Brian Maxfield, Lambton College Andrea Hands, Lambton College Business Development & Strategy Mike Banovsky, TechAlliance Mark Frasco, COACT Associates Ltd. Funding Opportunities Joeanna DeMarco-Bolce, Business Advisory Services Jeff van Heumen, Ontario Centres of Excellence Millan Yeung, NRC-IRAP Advanced Manufacturing Maike Luiken and Victoria Townsend, Technologies & Innovation Bluewater Technology Access Centre, Lambton College

4:00 Closing – Next Steps

4:10 Exhibits and Wine & Cheese, Sponsored by Sarnia Lambton Industrial Alliance Page 26 of 124 rh fLu L Lt/

ECE Il\/lii Ii-) ¡ t" : ' t,: OSTJNT

September 20L6

Welcome to the Beautiful Town of The Blue Mountains,

On behalf of Town of The Blue Mountains, I am pleased to extend an invitation to join us at the 64th Annual Ontario Small Urban Municipalities Conference, taking place May 3'd to 5th, 20L7 at Blue Mountain Resort in Town of The Blue Mountains.

The conference theme this year is "Rural Meets Urban", recognizing the challenge many of us face as our areas become increasingly urbanized through growth and the migration of people from larger cities to our municipalities, Whether it is coping with increasing development pressures, managing the expectat¡ons of our more urban residents or handling the challenge of new homes being built near working farms, we all face this pressure in some form.

While those of us in the middle of this type of "urbanization" have one set of issues, many other communities are looking to attract new residents and business from the urban core. For them, the challenge is attracting urban attention and selling the many benefits of living in a more ruralsetting.

Whatever category you are in, this conference will have something for you. The organizing committee is working hard to bring you an interesting and diverse set of topics designed to help us all manage our municipa lities more effectively.

With each OSUM conference, we learn more from each other to grow our communities. I know that you will each take away new learning, new experience and new partners.

We are all waiting to welcome you to our beautifulTown. I hope you have the chance to experience the Village and beyond in your time here with us during that first taste of spring. Whether it's following the Apple Pie Trail and tasting its culinary delights or experiencing craft beer, wine and cider on the Saints and Sinners: Bootlegger's Run, we hope you will have a chance to experience The Blue Mountains beyond the ski season we are so well known for. Spring offers that first chance for a paddle, a walk or hike on trails empty of snow, a game of golf, a ride on the open road, new adventures to experience, unique shops stocked with new merchandise and friendly faces everywhere you gol

Yours truly,

Mayor John McKean

Town of The Blue Mountains

Page 27 of 124 ¡ ¡¡ OSTINT

64'h ANNUAL osuM coNFERENcE & TRADE sHow TOWN OF BLUE MOUNTAINS MAY 3-5,20t7

DELEGATE REGISTRATION FORM

Full Deleeate Packaee

cost: s499.00 + HST = s563.87

Each delegate will receive a registration kit, access to all workshops, Wednesday evening Welcome Reception/Opening Ceremonies & Trade Show including hot and cold hors d'oeuvres and cash bar, Thursday evening's Mayor's reception including hot and cold hors d'oeuvres and cash bar, breakfast and lunch on Thursday and Friday.

Earlv Bird Golf Outins

Cost: S125.00 (HsT included)

Wednesday May 3rd, 2OL7 - The Golf Club at Lora Bay located at 1-09 East Ridge Drive, Thornbury, ON, NOH 2P0 Phone: (5L9) 599-7500

Shotgun start at 11:00 am 18 holes of golf, cart and box lunch. Prizes

Mavo¡/s Reception and Dine Around

The Town of Blue Mountains is excited to invite all OSUM delegates and companions to take part in the "Dine Around" in either Blue Mountain Village or explore the quaint village of Thornbury. There will be a Mayor's Reception Thursday May 4th from 6:00 - 7:30 pm to be held on the patio of the Georgian Ballroom of the Village Conference Centre, weather permitting. From there you are free to choose where you would like to have dinner in one of the variety of restaurants available in the Blue Mountain Village or the Town of Thornbury only 15 minutes' drive from the Blue Mountain Resort. lt is advised that you make a reservation at the restaurant of your choosing. A list of dining establíshments will be provided in your welcome package.

Accommodations: Please visit www.OSUM.ca for a full listing of accommodations available for the conference. Please mention that you are attending OSUM and use the group number GRP113961 to ensure you are given the conference group rate.

Page 28 of 124 64'n ANNUAL osuM coNFERENCE AND TRADE sHow TO\ryN OF BLUE MOUNTAIT{S DELEGATE REGISTRATION FORM

Delegate Name Title/Position:

Muni c ipality I Or ganization: Mailing Address:

Telephone: Fax: Cell Email: Companion Name:

Registration Type Base Fee Taxes Total Fee No. of Participants Total

Delegate Package $ 499,00 +l3o/o $ 563.87 Early Bird Golf Day $ l 10.62 +l3yo $ 12s.00

TOTAL

If you are golfing, please list team members. If you do not have a team, you will be matched up. t. 2. J 4.

REFUND POLICY: Cancellation must be made in writing (mail, email or fax) and received before April 15, 2017 . An administration charge of $50.00 will apply. Any cancellations including golf after April 15, 201"/ will not be refunded.

REGISTRATION DEADLINE: MARCH 18, 2017

Trade show inquiries can be made to: Deb Keep [email protected] 705 888 9779

For more information regarding conference programming, please visit: www.osum.ca

PAYMENT METHOD: CHEQUE PAYABLE TO: TOWN OF BLUE MOUNTAINS

Please mail this registration form and payment to: Questions or Inquires: Town of Blue Mountains, Attn: RuthPrince Phone: (519) 599 3l3l x227 PO BOX 310, Thornbury, NOH 2P0 Katherine Dabrows Fax: (519) 599 7723 Email: [email protected]

Page 29 of 124 Page 30 of 124 October 31, 2016

Book your accommodation

At 1 p.m. Eastern Time today, you can book your hotel rooms for FCM’s 2017 Annual Conference and Trade Show, June 1–4 at the Shaw Centre in Ottawa.

FCM has negotiated discounted room rates at a number of Ottawa hotels. These rooms will be available on a first-come, first-served basis, so book your room starting at 1 p.m. ET today. The list of hotels will only be available online at that time.

The deadline to cancel reservations is Friday, February 24, 2017. Cancellations made after this date may result in a penalty equal to one night’s room and tax.

Please contact us with any questions related to hotel accommodations for the event.

We look forward to seeing you in Ottawa!

Find us:

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Page 31 of 124 http://email.fcm.ca/m/1/11133000/02-b16305-f25108d4b3e64546996df602d1e53232/7/221/13123f0c-9713-4c58-8a34-1a4f294d610c[03/11/2016 1:48:58 PM] [RadWindow id=ctl06_RadWindowManager11457022721182]

Page 32 of 124 http://email.fcm.ca/m/1/11133000/02-b16305-f25108d4b3e64546996df602d1e53232/7/221/13123f0c-9713-4c58-8a34-1a4f294d610c[03/11/2016 1:48:58 PM] FCM Communiqué

November 2, 2016

Fall fiscal update and what it means for municipalities

Yesterday, federal finance minister Bill Morneau released the government’s fall fiscal update. It included unprecedented new infrastructure investments that will transform communities of all sizes. It also demonstrated once again how the federal government trusts municipal leaders to help deliver its ambitious agenda.

The November 1 fiscal update expanded Phase 2 of the federal infrastructure plan to $81 billion over 11 years — a major new commitment to municipal priorities put forward by FCM and its members. It also included a $2-billion fund for northern, remote and rural infrastructure needs. Thanks to our collective efforts, our federal partners continue to understand that community building is nation building. Investing in local infrastructure creates jobs, spurs the economy and improves the quality of life of Canadians.

For more information, read our fiscal update highlights.

On behalf of FCM, thank you for contributing to the unprecedented and ongoing momentum of our sector. Together, we continue to demonstrate that cities and communities are central to building Canada’s future.

Sincerely,

Clark Somerville FCM President

Page 33 of 124 http://email.fcm.ca/m/1/11133000/02-b16307-5c95bd0dfeeb4f0596356ef124781edf/3/897/bb5eafc3-9553-47e6-9bcd-ba8965ca62ef[03/11/2016 1:38:30 PM] FCM Communiqué

Find us:

This newsletter was sent to [email protected]. To opt-out, follow this link: Unsubscribe | Privacy Policy Change your language | View email in your browser

[RadWindow id=ctl06_RadWindowManager11457022721182]

Page 34 of 124 http://email.fcm.ca/m/1/11133000/02-b16307-5c95bd0dfeeb4f0596356ef124781edf/3/897/bb5eafc3-9553-47e6-9bcd-ba8965ca62ef[03/11/2016 1:38:30 PM] From: Ken Hall To: SCRCA; Amy Burkhart; Andre Morin; Andy Bruziewicz; Annette Dillon; Claire Sanders; J Maxfield; James Jenkins; Julie Hinderer; Kathy Watts; Marc Bechard; Melanie Foose; "Zachary Riley"; Alan Shaw; "Betty Nowosad"; "Bev Macdougall"; "Brad Loosley"; "Brian Knott"; Brian McKay, CPA, CA; Bryan Prouse; "Chatham"; Chris Armstrong; building department; Clerks Department; Engineering Department; Finance Department; Parks and Recreation; Planning Department; transit department; "Colin Graf"; "Dana Pitts"; Dave Boushy; "Dawn Shepherd"; "Denise Robertson"; "Doug Robertson"; "George Vanderberg"; "Gretta Kiyoshk"; "Ian Murray"; "Ian Smith"; "James Johnson"; "Jim Foubister"; Jim Stevens; "Jon Mceachran"; Kevin Edwards; "Kim Bresee"; "Lloyd Fennell"; Mike Bradley; "Mike Kelch"; "Oil Springs"; Peter Hungerford, MCIP, RPP; "Ray Mclaughlin"; "Ron Marshall"; fire rescue; Scott McEachran; "Swamp Patrol"; "Tiffany McGregor"; "Wanda Brown-Maxfiield"; "Warwick Township" Subject: FW: Friends of the St. Clair River E-Newsletter October 2016 Date: October-30-16 1:32:20 PM

October 2016 Volume 7, Number 3

St. Clair River Area Receives Major Funding to Address Wildlife In This Issue and Fish Habitat Loss Addressing Habitat Loss for Fish and Wildlife For 2016-17, the Great Lakes Sustainability Fund (GLSF) will fund four new projects totaling a value of $190,000.

Tackling Microplastics in the These new projects will continue to enhance and restore coastal wetlands and the shoreline of the St. Great Lakes Clair River. With support from GLSF, shoreline enhancements adjacent to the Aamjiwnaang First Nation community will be implemented during the winter and spring of 2017. Downriver, Walpole Island First Bear Creek Upgrade Nation will receive support to finalize a Shoreline Restoration Plan.

Whitefish Feeling Impact of GLSF funding was also provided to the Rural Lambton Stewardship Network to continue to restore and Zebra Mussels enhance coastal wetlands and to the St. Clair Region Conservation Authority to complete a Fish and Wildlife Habitat Conservation Plan for the AOC. These projects directly support the restoration of the Loss of Fish and Wildlife Habitat BUI which has made significant progress in meeting its delisting U.S. Moving Towards targets. Delisting Progress on several beneficial use impairments (BUI) continues. The FOSCR Supporting Vital Restrictions on Dredging BUI was recently recommended for re- Wetland Creation designation to Not Impaired by the Canadian Remedial Implementation Committee (CRIC) and BPAC. The report summarizing the studies conducted to assess the status of the Bird or Journalism Students Visit Animal Deformities or Reproductive Problems BUI is complete and the AOC results support a “Not Impaired” status. This recommendation was supported by the CRIC. Support for this status will be solicited by the Students Explore the World BPAC upon completion of community engagement. of Water at Annual Festival Community consultation sessions on the draft 30 Years of Effort Paying Discussion Paper on Drinking Dividends for St Clair Water will conclude this fall. Community comments and questions will be reviewed and incorporated into a final draft which will be shared and posted on ------the FOSCR website.

CLICK HERE Thank-you to all who participated and provided input. Sharing AOC information at the WIFN Fall Fair. to download a print ready copy of this newsletter top of page

------IJC Seeks Input on Binational Approach to Microplastic Pollution

Page 35 of 124 in the Great Lakes The International Joint Commission (IJC) invites public comment on its Preliminary Recommendations Join the St. Clair River BPAC on Microplastics in the Great Lakes for binational, science, policy, and education solutions to mailing list to stay up-to-date microplastic pollution. Members of the public are invited to provide comments either online or by email at about St. Clair River RAP [email protected] or [email protected] until November 10, 2016. news and events. Microplastics can enter the Great Lakes in multiple forms and through multiple pathways, including To unsubscribe from our wastewater, manufacturing processes and runoff. They may enter the lakes as already-small debris such distribution list please as plastic microbeads from cosmetics, pre-production pellets and waste from manufacturing processes, respond to FOSCR and microfibers shed from plastic-based textiles, or through larger plastic pollution like straws or bags Webmaster that break down into smaller plastic particles. When microplastics enter the lakes they can be ingested by fish and other aquatic animals. These particles can harm aquatic species and can potentially be ------passed on to the humans who consume them.

The IJC acknowledges microplastics as a potentially significant threat to the Great Lakes ecosystem and human health, and the proposed recommendations reflect the significant knowledge gaps and need for Contact Us further information to address causes and impacts of microplastics. The IJC’s four recommendations: We love to receive your · encourage a binational pollution prevention plan utilizing multiple approaches and tools, feedback and comments, drop us a line if you have a · propose developing science-based, standardized, binational monitoring and research into story suggestion or product lifecycles, human and ecological health impacts, and best prevention practices, comments. · advise governments to examine, promote, and support pollution reduction and prevention Donna Strang, St. Clair RAP programs that are existing and effective, and Coordinator · advocate funding support for local education and outreach programs and organizations focused on pollution reduction and prevention. Ken Hall, FOSCR Webmaster “Microplastic pollution in the Great Lakes can no longer be an ‘out of sight, out of mind’ issue. The good ------news is that microplastic pollution is wholly preventable, and the recommendations developed here are reasonably attainable,” said Gordon Walker, chair of the IJC’s Canadian Section.

“For once Canada and the US have the opportunity to take preventive action rather than responding Help FOSCR after an issue has caused major ecosystem damage. The Commission is seeking feedback from the delist the St. public and private sector to put forward sound, preventive recommendations,” said Lana Pollack, chair of the IJC’s US Section. Clair River These four preliminary recommendations are based on the Commission’s consideration of findings and Friends of the St. Clair River recommendations developed during a workshop of experts representing a broad range of sectors. The is a registered Canadian expert workshop was convened by the Commission in April 2016 and the final workshop report can be charitable organization. Your accessed online. financial support for our programs will help FOSCR The Commission is interested in public comments on the recommendations generally and that respond progress towards delisting to the following questions: the St. Clair River as an Area of Concern in the Great 1. Are the recommendations sound? Lakes. 2. Are any important considerations overlooked? Contributions can be sent to: 3. Are there relevant examples from your community or business to consider? Mr. Terry Burrell Friends of the St Clair River 514 Christina Street North The public’s input will be used in developing final recommendations to the Canadian and US Sarnia, ON N7T 5W4 governments.

All donations will receive a Contacts: tax receipt. Michael Toope 613-947-1420 [email protected] Frank Bevacqua 202-736-9024 [email protected] Call Terry at 519-336-5545 for Sally Cole-Misch 519-257-6733 [email protected] more information, Links: PLEASE join us. Submit your comments online and provide feedback on the IJC’s Preliminary Recommendations Preliminary Recommendations on Microplastics in the Great Lakes ------Microplastics in the Great lakes Workshop Report (Final) top of page

Agencies Team up to Remove Barrier on Bear Creek Biology staff at St. Clair Region Conservation Authority observed a barrier in Bear Creek while completing water quality sampling in 2015. This metal corrugated barrier spans the full width of the river and is an impediment to fish passage when water levels are low. Fish have been observed against the

Page 36 of 124 barrier in past years while staff was collecting water samples.

Based on information from the landowner at this site, the barrier was installed by SCRCA as part of a stream gauge project prior to the construction of the McKeough Dam. It was never removed and has remained in place since that time.

barrier visible during low flows

The SCRCA submitted an application to Fisheries and Oceans Canada’s Recreational Fisheries Conservation Partnership Program (RFCPP) in April of 2016. The proposal included completing a mussel relocation protocol, removal of the barrier, and creating a rock riffle type structure with a low flow passage at the site of the barrier. The barrier removal would improve fish passage upstream for an additional 20km’s for all fishes including recreational fish such as Northern Pike, Walleye, and Channel Catfish.

In July the application was approved. Additional funding/support for the project was provided by Friends of the St. Clair River (using Ontario Trillium Foundation funding), MNRF, MNRF Youth Rangers, and HSP Prevention.

A mussel relocation was deemed necessary due to the presence of SAR mussels in this system. Round Pigtoe, Salamander Mussel, and Mapleleaf are all known to inhabit Bear Creek. The only SAR mussel found at the site during the relocation protocol was the Mapleleaf.

To complete the protocol all mussels within the search area (30m of river) had to be captured, measured, photographed, tagged, and relocated to a suitable upstream location. Follow-up survival assessment surveys must be completed after 30 days, 1 year, and 2 years.

Adult Mapleleaf Mussel

The mussels were captured by “racooning” which includes sifting through the bottom sediments with your hands and feeling for mussels. The relocation was completed in late August. With the help of other SCRCA departments and other agencies (MNRF youth rangers) SCRCA staff were able to relocate 312 mussels including 69 Mapleleaf. Other species included Pink Heelsplitter, White Heelsplitter, Giant Floater, Fragile Papershell, Deertoe, Spike, and Flutedshell. Follow-up surveys are yet to be completed.

BF Environmental was contracted to complete the barrier removal and riffle construction. After barrier removal, rock was placed across the river to provide fish and invertebrate habitat and improve oxygen levels in the water downstream. By creating a rock riffle water levels during spring flood events should continue to flood the adjacent river oxbows providing important fish and amphibian habitat. Construction was completed in September.

SCRCA staff complete mussel searches in 1m transects across Bear Creek

Site with barrier removed and rock habitat in place

Article and photos provided by Greg Wilcox SCRCA Biological Technical Assistant top of page

Page 37 of 124 Lake Huron Whitefish Feeling Effects of Invasive Mussels

Lake Huron whitefish are suffering from ecosystem changes caused by invasive quagga and zebra mussels, according to a new study. “It’s the same decline in whitefish as has been found previously in the other Great Lakes where the mussels become established,” Jenilee Gobin, a co-author of the report from Trent University, explained in an email. Other emerging research shows the source of food for the whitefish in these locations has changed because of the mussels. A clump of invasive zebra mussels. (Photo: U.S. Fish & Wildlife Service) Gobin and her team proved that Lake Huron is going through what researchers have been seeing in the other Great Lakes for years: invasive species like the zebra and quagga mussels working in tandem with other key events to contribute to a decline in profitable fish species, including whitefish. “Our study represents the first that we are aware of to build a life history simulation model that explicitly addresses how the ecosystem changes have impacted harvest of a Great Lakes population of lake whitefish,” Gobin said. These ecosystem changes have been ongoing for several decades. The study found that whitefish growth and recruitment in Lake Huron may have been reduced by up to 50 percent since the 1990s. The study doesn’t say that the mussels are the only culprits. The invasive spiny water flea holds a portion of the blame for Lake Huron’s recent environmental mutations, according to the study. But much of it ties back to the mussels, starting with the near-complete disappearance of alewives in 2003, said David Fielder, a fisheries biologist at the Michigan Department of Natural Resource’s Alpena Fisheries Research Center. Alewives are small fish that are an important food source for larger fish such as Chinook salmon or lake whitefish within Lake Huron. Those fish suffered when the mussels ate up the diporeia, a tiny macroinvertebrate that was an important source of food for the alewives that these larger fish ate. Diporeia populations diminished significantly with the arrival of the mussels. Both the mussels and the diporeia are filter feeders, which most fishery researchers argue led to a competition for food between the two. The mussels won that competition. Another mussel-related food chain alteration may have harmed recruitment, or the number of new whitefish added to the population each year, Fielder said. “Some other recent research has illustrated that part of the food web changes has included less nearshore productivity, at least in the form of zooplankton,” he said. Zooplankton are microscopic organisms that are food for newly hatched fish. However, zooplankton have to eat as well. Their food is phytoplankton, microscopic organisms that feed through photosynthesis like plants. “We used to see nice blooms of zooplankton in the spring just as fish were hatching, but they have disappeared in recent years, Fielder said. Researchers theorize that the phytoplankton that zooplankton eat have been filtered out by the abundant mussels. “So without ample spring zooplankton, newly hatched whitefish quickly starve and never produce much of a year class,” he said. The Ontario study acknowledges Fielder’s assessment in their research, while also pointing a finger at the predacious spiny water flea as another reason for zooplankton decline, thus further limiting food supply for larval fish. top of page

Great Progress Towards Delisting on U.S. Side of the St. Clair On the U.S. side of the St. Clair River, agencies and partnering stakeholders are making tremendous progress on the goal of delisting the river as an Area of Concern (AOC).

In the spring of 2016, the Beach Closings Beneficial Use Impairment (BUI) was removed. When the river was first listed as an Area of Concern, combined sewer overflows (CSOs) were discharging from 49 points along the shoreline, impacting the use of the waters for recreation such as swimming. Since 1991, substantial infrastructure improvements have been implemented separating 48 of the CSOs. The only remaining CSO discharges to the Black River in the City of Port Huron and is scheduled to be separated by 2021. The separation of 48 CSOs, the elimination of illicit discharges and a green infrastructure project creating rain gardens and goose deterrents at Chrysler Park Beach in the City of Marysville, have significantly reduced the sources of human and animal pathogens now allowing for safer recreation along the entire shoreline.

Page 38 of 124

In July of 2016, the St. Clair River BPAC provided support for the removal of the Bird or Animal Deformities or Reproductive Problems BUI. Recent studies on bald eagles, tree swallows, mink, carp and forage fish are complete and indicate the reproduction and development of fish and wildlife within the boundary of the AOC are not being adversely impacted. This beneficial use is expected to be officially restored by the end of 2016.

Lastly, a historic milestone was surpassed in December 2015 when all habitat restoration projects were completed. A total of twelve habitat restoration projects were completed along the river from shoreline enhancements in Port Huron, tributary restoration in Marysville, invasive species control on Harsens Island, and three fish spawning reefs on the bottomland of the river among many others. The completion of all of these habitat projects and the subsequent ecological monitoring now being conducted will allow for the removal of the Loss of Fish and Wildlife Habitat BUI expected in 2017.

To celebrate this milestone, the BPAC and the Friends of the St. Clair River organized an event on September 7, 2016 at the Marysville Golf Course. This event was remarkably successful and over 60 members of the public; state, local and federal agencies in both the U.S. and Canada; local non-profit organizations and members of the BPAC attended to hear remarks from government officials, elected officials and BPAC leadership. Following the event, tours were given of the habitat restoration project at Cuttle Creek on the Marysville Golf Course, and the green infrastructure project at Chrysler Park Beach.

Attendees of the September 7, 2016 event celebrating progress in the St. Clair AOC listen while Annette DeMaria, ECT Inc. provides a tour of the Green Infrastructure Project at Chrysler Park Beach in Marysville, Michigan. top of page

FOSCR Supporting Wetland Creation Projects Friends of St Clair River (FOSCR) have been assisting our conservation partners to line up and complete some quality wetland projects.

These photos are taken at a site along the service road back to the Darcy McKeough Dam and Diversion Channel in St Clair Township. The 50 year old culvert under the road had failed and needed to be replaced. This provided an opportunity to also include a water control structure and retain water in the shallow ravine upstream of the service road. It was just finished but is expected to quickly fill with water and evolve into a small but important habitat area.

Working with the Alternate Land Use Services (ALUS – Lambton) has persuaded some landowners to retire marginal field areas to wetlands or re-forestation or native prairie. This opens the door to many new restoration projects where FOSCR, the St Clair Region Conservation Authority, Rural Lambton Stewardship Network, Ducks Unlimited Canada and others can collaborate to make these good things happen. There are several more projects scheduled to be done yet this year. Some of the funds available to enable this work have come from the Ministry of Environment and Climate Change as well as the Ontario Trillium Fund.

Projects like these scattered throughout the length of watershed in places without impacting farmed land are very important to reducing nutrients that can eventually enter the Great Lakes. While they are not a solution by themselves, they are an important part of the solution to algae blooms in Lake Erie. It is very encouraging that landowners are making the decision to dedicate their less productive land for this natural use. They benefit as well as the wildlife returns and the wetland ecosystem flourishes. top of page

U of M Knight Center Journalism Students Visit the AOC

Seven students from the Knight Center for Environmental Journalism at Michigan State University and their professor (and Knight Center Director) Eric Freedman met with FOSCR along Guthrie Park in September.

Page 39 of 124 Freedman’s environmental reporting class spent two days in Sarnia and Windsor to give students Canadian perspectives on major issues – perspectives that don’t always mirror U.S. concerns – and to generate ideas for stories they’re writing for Great Lakes Echo and in future courses and their careers. Professor Freedman believes that hands on experience using field trips are the best way for students to learn about journalism. In preparation for the trip, Andrew Hupfeau, the Consulate General’s environmental policy expert in Detroit, visited the campus the previous week to background the students on the history of U.S.- Canadian environmental cooperation in the Great Lakes Basin and the Canadian government’s position on key environmental issues. A grant from MSU’s Canadian Studies Center helped fund the trip. The group met with: Darrell Randell, Kris Lee, Brenda Lorenz and Donna Strang of Friends of the St. Clair River to learn about river remediation, habitat recovery, First Nations involvement and areas of remaining sediment contamination. We met at Guthrie Park along the river in St. Clair Township. Steve Martin (Southwest Ontario Tourism Corp. and Long Point Eco-Adventures) and Jennifer Pate (Windmill Lake Wake and Eco-Park) to learn about trends and entrepreneurship in adventure tourism and eco-tourism, with a tour of Windmill Lake in Bayfield. Executive Director Dean Edwardson of the Sarnia-Lambton Environmental Association to learn about industry environmental compliance and regulation, with a driving tour of the Sarnia area’s “Chemical Valley” of petroleum refineries, chemical manufacturing and other heavy industries.

Article written by student Dave Poulsan October 4, 2016 top of page

Exploring the World of Water through Hands-on Activities!

A solid three days of sunshine combined with over 1800 elementary School Children from Lambton and Chatham-Kent school made for a very successful 8th Annual Water Festival held at the CM Wilson Conservation Area Chatham during early October.

The festival provides hands-on / interactive learning opportunities through a series of 42 educational activity stations around the themes of water conservation, water science, water attitude and technology. This is an outdoor festival set up on a 6 acre grassed and pond area at the day use area of this popular Conservation Area site.

Maintaining the quality and quantity of our groundwater and surface water is vital for the future development of our communities and for the health and enjoyment of the residents. Educating youth about water and the environment is the perfect way to start.

Over 450 volunteers from local High Schools, local service clubs, Municipal and Provincial agencies and citizens at large assisted during this 3 day outdoor event. To date over 12,000 elementary students from the Lambton and Chatham-Kent areas th

Page 40 of 124 have attended this popular Annual Event. The 9 Annual Festival will be held Oct. 3 to 5, 2017. For more information go to www.ckwaterfest.com

The Children's Water Festival is fully supported through sponsorship each year so the organizers truly appreciated Friends of the St. Clair River financial support and also extend a big thank-you to Canadian co-chair of the St Clair River Binational Public Advisory Council Kris Lee for running one of the activity centers at this year’s event.

top of page

Thirty Years of Showing the River Some Love This editorial by FOSCR President Darrell Randell reprinted from the Sarnia Journal

I am happy to see people celebrating the St. Clair River. Whether it’s swimming, fishing, water skiing or a floating invasion of partiers, having fun on the St. Clair is a demonstration that celebrates improvements in the health of the river.

The best example must be the two decades of work it took establishing a St. Clair River Trail, which now reaches from the Walpole Island Bridge to the Blue Water Bridges.

The river has always been an advantage. Transportation, drinking water and a food source come to mind first. But along with that came sewage and a need to get rid of industrial waste, and there again having a river like the St. Clair was an advantage.

In earlier times, nature seemed inexhaustible and the philosophy of many people was that the river would recover regardless of how badly we treated it.

In the mid 1980s the river was declared an “Area of Concern” in the Great Lakes because of municipal and industrial discharges and a serious loss of habitat. It was an overdue wakeup call that many had already heard.

Some of those people came together to form the St. Clair River Binational Public Advisory Council (BPAC). They came from diverse interests and backgrounds, and though there were certainly disagreements, it was never about assigning blame or finger pointing. The thrust was to remain positive and seek solutions.

BPAC existed to encourage stakeholders to behave in a responsible manner and to change some problematic mindsets. It took time. Nearly 30 years so far.

People’s perspectives have changed with regard to the river. Thirty years ago, municipalities didn’t see their infrastructure deficiencies as priorities. Industries had hundreds of “accidental “spills each year, beyond the legal discharges written into their certificates of approval.

The simple truth was that environmental impacts were a cost of doing business. Individuals cared for the health of the river, as long as it was very convenient and not too expensive.

Over the past 30 years, laws have changed, penalties have increased but most importantly attitudes have been altered. Things that were common occurrences are now unthinkable. We know now that nature has limits and that the river can be badly hurt.

We can also see that if we stop hurting the river and give it a chance it can come back, and to a large degree, it has.

Darrell Randell President Friends of the St. Clair River

http://www.friendsofstclair.ca/ Top of Page

To unsubscribe from our distribution list and no longer receive this newsletter just click here: Please remove me BPAC is a community-based partnership including governments, industry, first nations, academia, as well as environmental organizations and private citizens that work collectively in helping to improve the health of the St. Clair River. Our key goal is to implement the Canadian Remedial Action Plan (RAP) in order to restore the beneficial uses and remove the River from the list of Great Lakes Areas of Concern.

This E-Newsletter is produced with support from the Ontario Ministry of the Environment

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Office of the Chief Administrative Officer Telephone: 519-845-0801 789 Broadway Street, Box 3000 Toll-free: 1-866-324-6912 Wyoming, ON N0N 1T0 Fax: 519-845-3160

NEWS RELEASE For Immediate Release

Council Highlights Wednesday, November 2, 2016

Wyoming, ON – At its regular meeting Wednesday, November 2, 2016, Lambton County Council:  Presented recognition plaques to: the Estate of Rose Jane Blanche Coultis for generous donations towards the Coultis Mill Project, Lambton Heritage Museum; Mark Moran for his donation of artwork to Lambton Heritage Museum; Carl Fleck and Pascale Daigneault for their generous donation and ongoing support to the Judith & Norman Alix Art Gallery; Jillian Holmes for her generous donations and ongoing support to the Judith & Norman Alix Art Gallery; the Royal Canadian Legion Branch 176 - Forest for its donation towards the purchase of a lift for the residents at North Lambton Lodge; the North Lambton Lodge Ladies' Auxiliary for its donation and ongoing support to the residents of North Lambton Lodge; the Marshall Gowland Manor Residents' Council in recognition of the Back Pack Donation Program; Councillor Don McGugan for his donation towards the purchase of a lift for the residents of Lambton Meadowview Villa; and Noelle's Gift in appreciation of its donation in support of the Student Nutrition Program.  Heard an update presentation from the Sarnia-Lambton Economic Partnership  Participated in the Annual General Meeting of The County of Lambton Community Development Corporation and heard an update presentation from Mr. Tom Strifler, Executive Director, Sarnia-Lambton Research Park.  Approved changes to Council's Budget process including the provision of a detailed Tangible Capital Asset Management Report at the January meetings of Committee A.M. and Committee P.M., scheduling the first Wednesday of March for budget deliberations, and adding a County Council meeting to the first Wednesday in April.  Approved the reduction of the speed limit on Oil Heritage Road through Oil City to 50 km/h.  Directed staff to prepare a report on a request for a reduced speed limit on Kimball Road between Petrolia and Rokeby Lines.  Directed staff to write a letter to the Minister of Health and Long-Term Care, local Members of Provincial Parliament, the Association of Local Public Health Agencies, and Ontario Boards of Health advocating for the expansion of publicly- funded oral health programs to include low-income adults and seniors starting within the next two years. ….More

www.lambtononline.ca Page 43 of 124

 Instructed the Corporate Manager, Human Resources to engage the services of a Human Resources professional with a contract to expire no later than December 31, 2017 and report back on the merits/effectiveness of the position.  Approved the Affordable Rental Housing Proposals by Southside Construction Management Limited and R&M Dobbin in the amounts of $1,511,830 and $578,130 respectively and recommended the proposals to the Ministry of Housing for funding under the Rental Housing Component of the 2016 Social Infrastructure Fund.  Provided authority for staff to enter into an amended agreement with Circles ® USA such that the County of Lambton will obtain full rights to Circles ® Canada.  Recognized the successful completion of Habitat for Humanity Sarnia/Lambton's most recent home building projects, including Lambton Builds, a construction program comprised in part by volunteers in receipt of Ontario Works in partnership with the County of Lambton.  Congratulated the Municipality of Lambton Shores which won the Communities in Bloom international challenge in the large category.  Congratulated the Alvinston Indians youth baseball club on its plans to adopt a new team nickname and logo.  Noted that County Council is next scheduled to meet in Open Session at 9:30 a.m., Wednesday, November 30, 2016.

-30- Please contact:

Jay vanKlinken Communications & Marketing Coordinator County of Lambton 519-845-0809 ext. 5214 [email protected]

Page 44 of 124 From: Alexander, Chandra (MMA/MHO) [mailto:[email protected]] Sent: November-01-16 2:39 PM Subject: Request for Promotional Videos - Ontario West Municipal Conference

Good Afternoon,

The Ontario West Municipal Conference is quickly approaching! We would like to take this opportunity to ask for your help to showcase what makes your community and Southwestern Ontario a great place to live and visit!

The Ministry of Municipal Affairs and the Ministry of Housing is now seeking your tourism and promotional videos to potentially be played during breaks throughout the day during the Ontario West Municipal Conference. We ask that video submissions please be approximately three minutes or less in duration, and submitted in MP4 format. Please also include written permission for the video to be shown during the conference.

We feel that an event such as the Ontario West Municipal Conference is the ideal place to share these videos that demonstrate the unique nature of our region.

Remember, the Ontario West Municipal Conference is taking place on Friday, December 2, 2016 in London at the Best Western Plus Lamplighter Inn & Conference Centre, 591 Wellington Road South, London, ON.

For more details, and to register, please visit http://www.amo.on.ca/Events/OWMC.

We look forward to seeing you all there!

Chandra Alexander, MPA Municipal Advisor, Municipal Services Office - Western Ministry of Municipal Affairs Ministry of Housing 659 Exeter Road, 2nd Floor London, ON N6E 1L3 519-873-4691

Page 45 of 124 Page 46 of 124 President's Corner

October 2016

This fall is shaping up to be a critical time for municipalities as we prepare for a number of key milestones — beginning next Tuesday with the federal government’s fall economic update.

To illustrate our continued engagement with the federal government, last week FCM met with a trio of key federal cabinet ministers — Finance Minister Bill Morneau, Infrastructure and Communities Minister Amarjeet Sohi, as well as Environment and Climate Change Minister Catherine McKenna. With the design of Phase 2 of the federal infrastructure plan being finalized soon, these meetings were timely.

As always, our conversations were productive. At every opportunity we stressed the integral partnership role that municipalities of all sizes play in delivering on the ambitious green, social and economic agenda. We continued to stress that Phase 2 infrastructure investments must empower municipal leaders with the tools and flexibility to do what we do best — deliver results that improve the lives of Canadians.

I can tell you that our message is being well received. After our meetings last week, Minister McKenna once again spoke enthusiastically about the role municipalities play in addressing national challenges like climate change. She reaffirmed her government’s commitment to investing in cities and communities to reduce greenhouse gas emissions, and highlighted the results that FCM’s Green Municipal Fund continues to achieve.

Page 47 of 124 http://email.fcm.ca/m/1/11133000/02-b16301-b0afeecb233c4b45985778eba7f0dccb/4/801/0cb8f8e2-d181-4c72-aa8f-f6e2d3cf6e6d[03/11/2016 1:55:56 PM] President's Corner

As municipal leaders, we know that affordable housing is the bedrock of our communities

FCM has also just released its comprehensive submission on the upcoming National Housing Strategy. Canada’s Housing Opportunity is a roadmap to ensure that every Canadian has an affordable place to live. It calls for federal investment and leadership to protect today’s social housing, build new affordable housing and kick-start rental markets. It also calls for distinct housing solutions for both northern and Indigenous communities.

As municipal leaders, we know that affordable housing is the bedrock of our communities. It’s the foundation on which thriving, inclusive economies are built. Yet with housing becoming less affordable at every income level, Canada faces a housing crisis. That’s why FCM is calling for a significant carve-out for housing in the Phase 2 Social Infrastructure Fund. I encourage you to read and share our submission.

On the international front, I was in Quito, Ecuador last week to lead a strong delegation of Canadian municipal leaders at the United Nations Habitat III conference. While there I personally delivered FCM’s housing submission to Jean-Yves Duclos, the Minister of Families, Children and Social Development — and the lead minister on the National Housing Strategy — as well as to the Prime Minister’s Parliamentary Secretary, Adam Vaughan. I also attended the 2016 United Cities and Local Government World Assembly in Bogota, Colombia. Joined by elected officials from FCM International partner countries, I was proud to take FCM’s message of municipal leadership to the global stage.

Attending these international gatherings were a great reminder of the essential role that FCM plays in supporting municipalities around the world. While there we met with municipal counterparts from Haiti and helped convene discussions on supporting the Haitian people in the wake of Hurricane Matthew. FCM and its staff in Haiti are already helping our municipal partners there rebuild. Municipalities in Canada can help by contributing to the Haiti Emergency Fund.

As you can see, it’s a busy time for our sector. The choices being made today are building the Canada of tomorrow. That’s why it’s more important than ever to keep the municipal voice strong, engaged and united.

Clark Somerville is a Local/Regional Councillor for the Town of Halton Hills and Halton Region, ON. He was elected president of FCM in June 2016.

Send me your thoughts

Please send me your comments. I would love to hear from you.

[email protected] 613-241-5221

PRESIDENT’S CALENDAR

November 5, 2016 November 10, 2016 November 15, 2016

CITIES OF NEW BRUNSWICK SASKATCHEWAN ALBERTA ASSOCIATION OF ASSOCIATION ANNUAL ASSOCIATION OF RURAL MUNICIPAL DISTRICTS AND GENERAL MEETING MUNICIPALITIES MIDTERM COUNTIES CONVENTION CONVENTION Edmundston, NB Edmonton, AB Saskatoon, SK

@clarksomerville Tweets Page 48 of 124 http://email.fcm.ca/m/1/11133000/02-b16301-b0afeecb233c4b45985778eba7f0dccb/4/801/0cb8f8e2-d181-4c72-aa8f-f6e2d3cf6e6d[03/11/2016 1:55:56 PM] President's Corner

And we're off. FCM’s Big City FCM releases Canada’s Housing FCM pres. @clarksomerville’s Mayors gather in Ottawa today to Opportunity: a 10-point roadmap to statement on #Habitat3 & the meet with federal ministers on the ensure Cdns can find an affordable essential role that munis play economy & climate change. home. http://bit.ly/2du2GWd http://bit.ly/2f031QN #CDNmuni #CDNmuni #cdnmuni pic.twitter.com/IGx6gEEiP7 pic.twitter.com/ecrA4kMoE5

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Page 49 of 124 http://email.fcm.ca/m/1/11133000/02-b16301-b0afeecb233c4b45985778eba7f0dccb/4/801/0cb8f8e2-d181-4c72-aa8f-f6e2d3cf6e6d[03/11/2016 1:55:56 PM] Page 50 of 124 From: Blanchard, Janelle (MNRF) To: Blanchard, Janelle (MNRF) Cc: Desroches, Pauline (MNRF); Zeran, Rebecca (MNRF) Subject: Technical Briefing on Bill 39 (amendments to the Aggregate Resources Act) Date: November-01-16 4:45:17 PM

As you were notified earlier in October, a bill to amend the Aggregate Resources Act (ARA) was introduced on October 6th, 2016. The proposed changes are the first step in laying the framework for a strengthened and modernized ARA under the themes of stronger oversight, environmental accountability, updated and equalized fees and royalties, and improved information and participation.

I would like to invite you to attend a technical information session via Webex next Monday, November 7th, 2016 from 2:00 – 3:30 p.m. where we will be providing an overview of some of the proposed changes that may be most relevant to municipal audiences. Please direct this invitation to the key person(s) in your municipality who would most benefit from a technical briefing on proposed changes to the Aggregate Resources Act. The number of participants that can be on the call is limited, we’ll allocate spaces on a first come basis. Please respond to Janelle Blanchard ([email protected] , 705-755-5657) confirming whether or not you will be participating in the Web-ex. If more than one person wants to attend, please encourage them to call in together.

Dial-in information for the Webex and teleconference will be sent to registered participants later this week.

For your reference here is the link to the Bill and the Environmental Bill of Rights (EBR) posting.

Link to Bill: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=4213

EBR posting: https://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do? noticeId=MTI5NTI5&statusId=MTk2MzA4&language=en

Many thanks,

Janelle Blanchard Policy Analyst Resource Development Section Ontario Ministry of Natural Resources & Forestry Email: [email protected] Phone: 705-755-5657

Page 51 of 124 Page 52 of 124 ANNUAL REPORT 2015 2016

Page 53 of 124 Office of the Ombudsman of Ontario

We are: An independent office of the Legislature that resolves and investigates public complaints about Ontario government organizations and municipalities, universities and school boards. The Ombudsman recommends solutions to individual and systemic administrative problems. Our Values: Fair treatment Accountable administration Independent, impartial Results: Achieving real change Our Mission: We strive to be an agent of positive change by promoting fairness, accountability and transparency in the public sector. Our Vision: A public sector that serves citizens in a way that is fair, accountable and transparent.

Office of the Ombudsman of Ontario Telephone: 416-586-3300 @Ont_Ombudsman Bell Trinity Square Complaints line: 1-800-263-1830 10th Floor, South Tower Fax: 416-586-3485 Ontario Ombudsman Toronto, Ontario TTY: 1-866-411-4211

ISSN 1708-0851 M5G 2C9 Website: www.ombudsman.on.ca OntarioOmbudsmanPage 54 of 124 November 2, 2016

The Honourable Dave Levac Speaker Legislative Assembly Province of Ontario Queen’s Park

Dear Mr. Speaker, I am pleased to submit my Annual Report for the period of April 1, 2015 to March 31, 2016, pursuant to section 11 of the Ombudsman Act, so that you may table it before the Legislative Assembly.

Sincerely,

Paul Dubé Ombudsman

Office of the Ombudsman of Ontario Bell Trinity Square 10th Floor, South Tower Toronto, Ontario M5G 2C9 Telephone: 416-586-3300 Complaints line: 1-800-263-1830 Fax: 416-586-3485 TTY: 1-866-411-4211 Website: www.ombudsman.on.ca

OFFICE OF THE OMBUDSMAN OF ONTARIO 1 Page 55 of 124 2 2015 2016 ANNUAL REPORT Page 56 of 124 Table of Contents

n OMBUDSMAN’S MESSAGE...... 5 n ABOUT OUR OFFICE...... 9 WHAT IS AN OMBUDSMAN?...... 9 VALUES, MISSION AND VISION...... 9 WHO WE ARE: MANAGEMENT AND TEAMS...... 10 WHAT WE DO...... 11 n ABOUT THIS REPORT...... 13 n REPORT HIGHLIGHTS...... 14 n YEAR IN REVIEW – CASES BY TOPIC...... 16 LAW & ORDER...... 16 SOCIAL SERVICES...... 21 EDUCATION – PROVINCIAL GOVERNMENT MINISTRIES AND PROGRAMS...... 26 EDUCATION – SCHOOL BOARDS...... 29 EDUCATION – UNIVERSITIES...... 34 MUNICIPALITIES – GENERAL...... 37 MUNICIPALITIES – CLOSED MEETINGS...... 42 ENERGY & ENVIRONMENT...... 45 EMPLOYMENT...... 47 HEALTH...... 49 TRANSPORTATION...... 52 MONEY & PROPERTY...... 55 CERTIFICATES & PERMITS...... 57 n APPENDIX – CASE STATISTICS...... 58 TOTAL CASES RECEIVED, FISCAL YEARS 2011-2012 TO 2015-2016...... 58 HOW CASES WERE RECEIVED, 2015-2016...... 58 CASES BY PROVINCIAL RIDING, 2015-2016...... 60 TOP 15 PROVINCIAL GOVERNMENT ORGANIZATIONS AND PROGRAMS BY CASE VOLUME, 2015-2016...... 61 TOP 10 CORRECTIONAL FACILITIES BY CASE VOLUME, 2015-2016...... 61 CASES RECEIVED FOR PROVINCIAL GOVERNMENT MINISTRIES AND SELECTED PROGRAMS, 2015-2016...... 62 CASES RECEIVED ABOUT SCHOOL BOARDS, SEPTEMBER 1, 2015 - MARCH 31, 2016...... 64 CASES RECEIVED ABOUT COLLEGES OF APPLIED ARTS AND TECHNOLOGY, 2015-2016...... 65 CASES RECEIVED ABOUT UNIVERSITIES, JANUARY 1, 2016 - MARCH 31, 2016...... 65 CASES RECEIVED ABOUT MUNCIPALITIES, JANUARY 1, 2016 - MARCH 31, 2016...... 66 CASES RECEIVED ABOUT CLOSED MUNICIPAL MEETINGS, SEPTEMBER 1, 2015 - MARCH 31, 2016...... 68 FINANCIAL SUMMARY...... 68

www.ombudsman.on.ca

OFFICE OF THE OMBUDSMAN OF ONTARIO 3 Page 57 of 124 4 2015 2016 ANNUAL REPORT Page 58 of 124 Ombudsman’s Message

2014 (also known as “Bill 8”) ushered EXPANDING OUR in changes to our jurisdiction that took effect in September 2015 and HORIZONS January 2016. This meant the number of organizations we oversee doubled in the past year – from 500-plus to It is an honour and a privilege for more than 1,000 – presenting both me to serve as Ontario’s seventh an enormous opportunity and an Ombudsman. I am particularly grateful enormous challenge. for the opportunity to lead such a The opportunity was that millions remarkable team; one I have long held of Ontarians now had access to in high esteem. Collectively, we are their Ombudsman for help in areas dedicated to serving the people of that were previously beyond our Ontario and passionate about our role in scrutiny. The challenge was that enhancing governance and promoting many – including many stakeholders administrative fairness. in those areas – were unfamiliar with I am particularly pleased to present our role and function and, as a result,

this report on behalf of the Office of somewhat apprehensive about our Photo by Matthew Plexman Photography the Ombudsman of Ontario at such a new mandate. significant time in its history. For the first p Ontario Ombudsman Paul Dubé time since our doors opened in 1975, We are committed to engaging we are reporting on our new oversight of and educating the public and other Ontario municipalities, universities and stakeholders about who we are and school boards – as well as the hundreds how we work. The learning curve of provincial government bodies that bends both ways: Our team is working have always been within our mandate. tirelessly to get to know municipalities, universities and school boards, and My term began on April 1, 2016 – one making sure they get to know and day after the close of the fiscal year understand us. covered by this report. Of necessity, we made the decision to report on this To aid in this process, our Office extraordinary year at an extraordinary partnered with Canada’s Public time, in autumn instead of spring. This Policy Forum to convene a series allowed us not only to issue reports on of roundtables in six cities around two major systemic investigations in the the province, as well as a one- interim, but also to focus our efforts on day conference in Toronto, with working and building relationships with representatives from the school board stakeholders – especially in our new and municipal sectors. Our Office also areas of jurisdiction. hosted a symposium for university ombudsmen – and staff literally New challenges criss-crossed Ontario to speak to The Public Sector and MPP stakeholders in more than 50 outreach Accountability and Transparency Act, events in fiscal 2015-2016 alone.

OFFICE OF THE OMBUDSMAN OF ONTARIO 5 Page 59 of 124 t February 25, 2016: Deputy Ombudsman Barbara Finlay (front, right) with Public Policy Forum partners and guests at stakeholder symposium on Ombudsman’s new jurisdiction, including (front row, from centre) Quebec Ombudsman Raymonde Saint-Germain, New Brunswick Ombudsman Charles Murray, Ottawa City Clerk and Solicitor Rick O’Connor, (back row, from right) former Toronto District School Board counsel Tony Brown and Steve Orsini, Secretary of the Cabinet and head of the Ontario Public Service.

We have incorporated the feedback from to develop a clear statement of what office uniquely positioned to receive those initial events and have continued our office stands for and how we seek and analyze information about issues our outreach efforts in recent months. to accomplish our goals. To that end, that matter to the people of Ontario, we One of my first tasks as Ombudsman we developed new Vision, Mission and add tremendous value by sharing our was to introduce an information webinar Values statements and long-range plans observations and commenting on what for school boards and municipalities on based on input from all our units. we have learned. dealing with our Office, and I have since The rest of the report is arranged by For example, we recently made had the chance to speak to and attend topic, rather than by organization – the four constructive and well-received numerous conferences and events in better to assist anyone who might be submissions recommending these sectors, as well as to reach out wondering: “What can the Ombudsman improvements to provincial legislation to provincial stakeholders – including do for me?” (two prior to my appointment, two elected officials, associations and since), regarding police “carding” interest groups. Throughout the stories and topics procedures, oversight of municipalities, presented here, what shines through is My team and I see firsthand the value the use of segregation in the province’s the wide variety of ways in which we of building these relationships in our jails, and oversight of police. have answered that question. daily work, because they enable us to be Our two new in-depth, systemic more effective. This experience has also Every day, we help people get the investigation reports – A Matter of underlined, for all of us, the importance information or assistance they require in Life and Death and Nowhere to Turn of ensuring that who we are and what dealing with public sector bodies. Our – will bring long-awaited and much we do is clear to all Ontarians. As our involvement often results in those bodies needed positive changes to police oversight role expands, we must ensure changing course or taking appropriate de-escalation training and services for that stakeholders understand the value action to provide the services or benefits adults with developmental disabilities, we can add by fostering productive and citizens are entitled to. Of course, we respectively. In both cases, after some appropriate relationships with all. sometimes find that complaints are initial resistance from government, we without merit and end up validating the were able to persuade the respective work done by public servants. New look ministers and their deputies to accept We have reorganized the structure of Although resolving individual complaints our recommendations and commit to our Annual Report with that in mind, is what we do on a daily basis – and implementing them in a timely fashion. starting with the basics about our Office. we received 22,118 in 2015-2016 – this In total, all 82 of our recommendations One of the projects we undertook report demonstrates that our work often were accepted, many of which have the within my first six weeks in office was goes well beyond that. As an oversight potential to save lives.

6 2015 2016 ANNUAL REPORT Page 60 of 124 I look forward to building on this foundation over the next five years. I am “committed to making this Office more effective than ever as an agent of positive change, by working with stakeholders, diligently investigating complaints and systemic issues, and vigorously promoting fairness and good governance. Ombudsman Paul Dubé ”

p June 29, 2016: Ombudsman Paul Dubé releases report on police de-escalation training, A Matter of Life and Death, at Ontario Legislature.

OFFICE OF THE OMBUDSMAN OF ONTARIO 7 Page 61 of 124 t May 4, 2016: Ombudsman Paul Dubé with Speaker Dave Levac (centre) and Deputy Ombudsman Barbara Finlay at meet- and-greet event at Ontario Legislature.

As well, our senior managers meet New relationships kind in the world. He was instrumental regularly with top officials at the in the first expansion of thisOffice’s It is an exciting time to be at Ombudsman organizations that tend to attract the oversight in 40 years, and that will Ontario as we chart our course into new most complaints, to provide feedback on benefit all Ontarians. waters. We are expanding our horizons persistent trends – and this report contains and our team, while maintaining our And I am particularly indebted to Barbara several examples of how this approach standards of excellence. We are building Finlay, whose leadership as Acting rooted out and averted potential systemic relationships to enhance the trust and Ombudsman during the rollout of our new jurisdiction ensured its success, and problems. credibility stakeholders have in the Office, whose expertise and guidance as Deputy which will help us solve even more As an Ombudsman, my approach is Ombudsman continues to keep this problems and enhance governance for the collaborative, and I am pleased to have Office on course. the chance to build on this Office’s strong people we all serve. I look forward to building on this tradition of training and consultation with Finally, I want to acknowledge that this foundation over the next five years. I am other administrative watchdogs. For report and the results in it would not have committed to making this Office more example, our colleagues who also have been achieved without the signal work of effective than ever as an agent of positive new responsibilities under Bill 8 – the my two predecessors. André Marin, who change, by working with stakeholders, Provincial Advocate for Children and served as Ombudsman from April 2005 to diligently investigating complaints Youth and the new Patient Ombudsman – September 2015, built a remarkable team, and systemic issues, and vigorously consulted with us on investigator training, and together they made this one of the promoting fairness and good governance. as did the new Hydro One Ombudsman. best known and respected offices of its

As an oversight office uniquely positioned to receive and analyze information “about issues that matter to the people of Ontario, we add tremendous value by sharing our observations and commenting on what we have learned. Ontario Ombudsman Paul Dubé ”

8 2015 2016 ANNUAL REPORT Page 62 of 124 About Our Office

identify problems that may affect WHAT IS AN many more stakeholders. So, in addition to dealing with individual OMBUDSMAN? concerns and complaints, an ombudsman also examines systemic issues with a view to correcting An ombudsman is an independent and problems that negatively affect large impartial officer who raises citizens’ numbers of citizens. concerns with government bodies. The By compiling irrefutable evidence, first parliamentary ombudsman was telling compelling stories, and making Values, Mission established in Sweden in 1809, which reasonable recommendations for and Vision is where the term “ombudsman” corrective action, the ombudsman originated – it means “citizen’s seeks to persuade public sector bodies representative” and is considered to be to do the right thing. Our Values gender-neutral. Fair treatment Issues tackled by an ombudsman What is the Office of Accountable administration typically involve matters that could not Independent, impartial be resolved within the government the Ombudsman of Results: Achieving real change body. An ombudsman reviews issues impartially – not acting on behalf of Ontario? Our Mission either party. If a person’s complaint has • An independent office of the We strive to be an agent of merit, the ombudsman first seeks to Legislature, established in 1975, positive change by promoting resolve the dispute at the lowest level that resolves and investigates fairness, accountability and possible. public complaints about Ontario transparency in the public government organizations and When necessary, the ombudsman sector. conducts an investigation, based on an municipalities, universities and impartial assessment of the facts and school boards. Our Vision evidence. • An office of last resort that can A public sector that serves Many complaints about public sector recommend constructive solutions citizens in a way that is fair, bodies are due less to a one-time to individual and systemic problems where existing avenues of complaint accountable and transparent. error or misjudgment, and more to an and appeal have been exhausted or underlying issue that will cause the cannot reach. problem to recur if not corrected. If we only resolved individual complaints in • An impartial fact-finder that does isolation, without looking at the policies not advocate for complainants or and procedures that gave rise to them, public sector bodies, but for fairness, we would miss the opportunity to accountability and transparency.

OFFICE OF THE OMBUDSMAN OF ONTARIO 9 Page 63 of 124 WHO WE ARE: Management and teams

Early Director Frontline complaint intake, triage, information, Resolutions Ombudsman referrals and general complaint resolutions Team Eva Kalisz Rolfe

Director Investigations Individual investigations, proactive work, complex complaint resolutions, identification Team of systemic issues Sue Haslam

Special Director Systemic issue investigations, extensive field Ombudsman Paul Dubé work, follow-up Response Team Gareth Jones

General Counsel Deputy Ombudsman Legal support, evidence analysis, report preparation Laura Pettigrew Legal Services Open Meeting Law Enforcement Team: Municipal closed meeting investigations General and reports Counsel

Wendy Ray

Director Communications Reports and publications, website, media relations, social media, video, presentations Team and outreach activities Barbara Finlay Linda Williamson

Director Corporate Financial services, human resources, Services administration, information technology Scott Miller

10 2015 2016 ANNUAL REPORT Page 64 of 124 WHAT WE DO I don’t know where I would be without “the help you have given to me. The staff are all so fantastic, great job. Thank you very much. Comment from complainant, received via Facebook ”

Conduct independent, Address Assist Ontarians in navigating provincial impartial oversight of confidential public and broader public sector bureaucracy by Ontario government and complaints about pointing them in the right direction. broader public sector bodies public sector (municipalities, universities bodies through and school boards). quick, informal resolution, free of any charge to the Investigate individual cases as complainant or warranted, after first seeking to resolve organization. them at the lowest possible level. Assist Members of Provincial Parliament by reviewing constituent concerns they refer to our Office. Raise issues that are in the public interest with public sector officials, with or without a complaint, including providing input to government consultations.

Track trending issues and flag them proactively with in-depth as the closed meeting investigator public sector officials in an Conduct Act investigations into for all Ontario municipalities that have not effort to avert future complaints. broad, systemic appointed their own; issuing findings and issues affecting large recommending best practices to facilitate numbers of people. compliance with the Municipal Act, 2001.

Issue Recommend Follow up reports constructive on all accepted annually change to address recommendations and on problems and to ensure they are investigations improve public implemented and have as warranted. services. the desired effect.

OFFICE OF THE OMBUDSMAN OF ONTARIO 11 Page 65 of 124 HOW WE WORK Our process for dealing with complaints and inquiries

Intake and information gathering 1 Resolution Is the matter outside of our jurisdiction? 2 Is there an existing mechanism that should be Can the matter be resolved? tried first? Yes: We will make the necessary Yes: We will refer the matter accordingly. contacts to facilitate communication. No: We may pursue it further. The Ombudsman No: We may conduct an investigation. also has the discretion to dismiss complaints that are considered to be frivolous or vexatious, or for other reasons.

3 Investigation Can the matter be resolved Systemic investigation through more contact with 4 the organization? Is the problem part of a recurring trend Evidence gathering or increase in complaints? Yes: No investigation is necessary. 5 Does it have the potential to affect large Our formal investigations, numbers of people? No: We may provide the particularly those relating to organization in question Yes: We may flag the trend proactively, systemic issues, can involve with formal notice of to alert officials to the problem so it can extensive interviews with investigation and then be nipped in the bud. relevant stakeholders, review of conduct interviews, request Or we may provide the organization documentation, and research documents, and gather with formal notice of a systemic of similar issues in other evidence as warranted. investigation. jurisdictions. Even without receiving a complaint, the Ombudsman can launch an “own motion” investigation into a matter of public interest. 7 Follow-up Public reporting We follow up on all 6 recommendations that are Based on the evidence gathered, the Ombudsman may publish findings accepted, to ensure they and recommendations, but not all investigations result in published are implemented and have reports. Results of our work are also shared in our Annual Reports, the desired effect. monthly e-newsletters, other publications and public presentations.

12 2015 2016 ANNUAL REPORT Page 66 of 124 About This Report

LAW & ORDERSS EDUCATION MUNICIP ENERGY EMPLOY HEALTH

With the historic expansion of the CASES BY TOPIC AREA Ombudsman’s mandate this past year, our Office now oversees more than 1,000 public sector bodies. To better highlight 3% 2% and explain our work in this wide variety of 5% Good to areas, we have organized our Annual Report 5% according to the general topics addressed, KNOW 34% rather than by government ministry or 6% agency, or by type of investigation. 7% These topics correspond to the topic search categories on our website, which can be used to find information about 8% Provincial statistics in this report cover our work in any of these areas. In this the past fiscal year – April 1, 2015 to report, we have arranged them generally March 31, 2016. The text of this report 12% 17% according to case volume – with the also refers to notable developments in areas that we heard about most (e.g., the interim while it was being finalized. correctional facilities, social services and n LAW & ORDER Statistics for cases about school boards education) appearing first. n SOCIAL SERVICES cover the period from September 1, n EDUCATION SECTOR (INCLUDES SCHOOL BOARDS, 2015 (when our jurisdiction took effect) More detailed breakdowns of complaints – UNIVERSITIES AND PROVINCIAL MINISTRIES) to March 31, 2016. by ministry, program, municipality, school n MUNICIPALITIES board, provincial riding, etc. – can be found n ENERGY & ENVIRONMENT Statistics for cases about municipalities in the charts in the Appendix to this report, n EMPLOYMENT and universities cover the period from and on our website. n HEALTH January 1, 2016 (when our jurisdiction n TRANSPORTATION took effect) to March 31, 2016. Look for “Good to Know” boxes throughout n MONEY & PROPERTY this report for other explanatory notes. n CERTIFICATES & PERMITS

CASES BY TYPE 3 5 1 2 4 Service Delays Legislation What do people complain delivery Administrative Communication and/or decisions regulations about when they come to the Ombudsman? Here are the top 10 types of cases received in fiscal 9 2015-2016. 6 7 8 10 Enforcement Broader Procedures Funding Internal of rules or public policy complaint policies matters processes

OFFICE OF THE OMBUDSMAN OF ONTARIO 13 Page 67 of 124 Report Highlights

22,118 51% 62% 30% 63% cases received closed within closed within received received by one week two weeks online phone in fiscal 2015-2016

Top 5 1 2 3 4 5 provincial 1,025 843 647 632 594 Ontario Disability Central East Hydro One Workplace organizations by Family Support Program Correctional Safety and case volume Responsibility Centre Insurance Board Office in fiscal 2015-2016

Municipalities School boards Universities New 918 398 92 jurisdiction cases received cases received cases received (January 1 - (September 1, 2015 - (January 1 - March 31, 2016) March 31, 2016) March 31, 2016)

14 2015 2016 ANNUAL REPORT Page 68 of 124 + Roundtables 50 in Outreach outreach events with stakeholders cities in fiscal 2015-2016 6

Communications Facebook reach: 7.5 544,000 million people Ad value: Twitter $ impressions 2.8 2,391 million 161,823 589 website visitors news articles Aggregate audience published broadcast media stories 8,759 in fiscal 2015-2016 77.4 YouTube views million people in fiscal 2015-2016 782,040 pageviews

A Matter of Life and Death – June 2016 Recommendations recommendations accepted: Systemic reports 22 investigation 2 issued Nowhere to Turn – August 2016 reports 60 recommendations 82

OFFICE OF THE OMBUDSMAN OF ONTARIO 15 Page 69 of 124 Year In Review CASES BY TOPIC

4,051 complaints, and as usual, we although we received 284 complaints flagged those involving serious issues about them this past year. Nor does our of health and safety as warranted. Other new mandate over municipalities as common areas of complaint relating to of January 1, 2016, include municipal the Ministry of the Attorney General and police services boards. The body that the Ministry of Community Safety and oversees police conduct, policy and Correctional Services are, of course, services (including the OPP) is the policing and matters involving the courts Office of the Independent Police Review and legal aid. Director (OIPRD), and we routinely refer complaints about police there. We do not Policing issues oversee the OIPRD, although we received 35 complaints about it in 2015-2016. Our Office oversees the Ministry of LAW & ORDER Community Safety and Correctional Street checks (“carding”) – Services, which is responsible for Ombudsman submission to police services and training across Ministry the province. We also oversee some Overview and trends administrative aspects of the Ontario Amid strong public controversy over Provincial Police, and the Special the police practice of street checks – in cases Investigations Unit (SIU) – the civilian popularly known as “carding” – the agency that investigates all police- Ministry of Community Safety and Complaints relating to correctional involved deaths and serious injuries, Correctional Services conducted a series services, policing and the provincial through the Ministry of the Attorney of consultations and town hall meetings justice system consistently account General. and invited submissions on the topic. for the largest proportion of cases Our Office’s submission, made in August handled by our Office. Correctional However, the Ombudsman has no 2015, contained 25 recommendations to facilities alone were the subject of oversight of individual police services, regulate or restrict carding.

TOP 5 CASE TOPICS 2 284 110 Municipal police 4 Ontario 5 1 (outside jurisdiction) Provincial 4,051 Police Correctional facilities Legal Aid 41 3 118 Ontario Probation and Parole

16 2015 2016 ANNUAL REPORT Page 70 of 124 These recommendations include: Oversight Unseen (2008), and Oversight abolition of indefinite segregation. Other Cautioning everyone who is “carded” Undermined (2011). The Ombudsman recommendations call for the creation that they have the right to walk away; met with Justice Tulloch in October of an independent panel to review all provincewide training for officers to 2016 and provided him with our segregation placements and limiting ensure consistent practices; more submission and recommendations to them by law to 15 days, as the United research into the effectiveness of strengthen and improve police oversight. Nations has declared anything longer to carding and consultation with human be cruel, inhuman treatment. rights experts on the harm it causes; Correctional facilities strict limits on the use of street checks The submission was based on our and retention of any data gathered; As with all cases we receive, we seek Office’s extensive experience in dealing independent oversight; and no carding of to resolve complaints about correctional with complaints about segregation anyone under 18. facilities at the lowest level possible – – including 186 in 2015-2016. It and many complaints are best handled highlighted the recent case of a man In March 2016, the government within the institution. Our Office flags who spent more than two years in announced new regulations that matters of health and safety for urgent segregation in several different facilities, are consistent with several of these attention, intervening when warranted, and who was prescribed anti-depressant recommendations, slated to come into and our staff meet regularly with senior medication to help him deal with the effect on January 1, 2017. officials in the Ministry of Community isolation. After our Office made inquiries Safety and Correctional Services to alert on his case, correctional officials Police oversight – Ombudsman them to potential systemic problems. released him from segregation, drew up submission to independent a care plan for him and involved him in review Our focus is on concerns that have the biggest impact on the wellbeing of those an educational program. In addition to its consultations on in custody – for example, prolonged In another case, an inmate complained carding, the government launched public segregation placements, problems with that he had been in segregation for consultations on reforms to the Police accessing medical care, lockdowns, and three months continuously, and off Services Act in early 2016. In April assaults. and on for a total of nine months. He 2016, it also announced an independent said he was struggling to eat and sleep review of the province’s three police Segregation – Ombudsman and felt he was losing his mind. Our oversight agencies, the OIPRD, SIU and submission to Ministry inquiries determined that the most the Ontario Civilian Police Commission. In April 2016, as part of its review of The review is headed by Ontario Court recent placement was for his protection the use of segregation (also known as of Appeal Justice Michael Tulloch, because of fighting with other inmates, solitary confinement) in correctional whose final report is due in March 2017. but jail staff had failed to provide the facilities, the Ministry conducted Ministry with the required reporting. Our Office has previously recommended consultations on the practice. As with The man was seen by a psychiatrist, changes to the Act to strengthen the carding, our Office made a submission released from segregation after 100 Special Investigations Unit, in our to the Ministry that included 28 days, and was able to interact with other two investigative reports on the SIU, recommendations, beginning with the inmates in the general population.

Ontario Ombudsman Paul Dubé is right to call for a ban on the long-term “solitary confinement of prison inmates…. Dubé presents a strong case – one the province should immediately act upon. Toronto Star editorial, May 12, 2016 ”

OFFICE OF THE OMBUDSMAN OF ONTARIO 17 Page 71 of 124 Medical issues Lockdowns Toronto South Detention Centre More than half of the complaints we A lockdown involves all inmates in Issues with this Toronto “superjail” that receive from those in custody – some a unit – or an entire facility – being we identified in 2014-2015 – including 2,500 in 2015-2016 – relate to problems confined to their cells all day, or longer. an infirmary that could not open because with health care. These include a lack of During lockdowns, inmates are generally of lack of staff, and sick prisoners being access to particular medications, or to unable to use common areas, phones or held in segregation cells – have been medical staff and treatment. showers, participate in activity programs addressed. However, in late 2015, we or receive visitors. Lockdowns are noted several complaints about the For example, a woman who was in commonly the result of staff shortages, administration of insulin to inmates with custody awaiting trial, whose numerous and were frequent during a labour diabetes. Inmates were being given health conditions included suffering dispute in 2015 involving unionized insulin after meals, sometimes late, from seizures and using a wheelchair for correctional officers (settled in early contributing to dangerous fluctuations mobility, complained to us after she had 2016). in their blood glucose levels. We were a seizure while bathing and broke bones told labour issues and staff shortages in her foot. She told us that she spent We received 300 complaints about contributed to this problem, and we hours on the bathroom floor in pain lockdowns in 2015-2016, many involving continue to monitor it. before she was found and treated. After inmates being denied visits or the ability our Office intervened, she was referred to contact a lawyer. In our meetings with Ottawa-Carleton Detention for an assessment of her seizures, senior Ministry officials, we were told Centre (OCDC) although this was still not acted upon the long-term solution is hiring more until we followed up on it. staff (some 2,000 new officers are to In March 2016, in the wake of news be hired over the next three years). reports about inmates being housed in One inmate complained that he was We continue to monitor the use of showers, the Minister of Community forcibly transferred from one jail to lockdowns and their impact. Safety and Correctional Services another, despite doctor’s orders that announced a task force to examine he not be moved. When he asserted Inmate-on-inmate assaults issues of overcrowding and other health his rights and refused the transfer, and safety concerns at this jail, which Our Office continues to monitor correctional staff put him in segregation has consistently been one of the most complaints about inmate-on-inmate for several hours. A team of staff then complained-about in the province (394 attacks – 52 in 2015-2016 – in light of removed him by force and transferred complaints in 2015-2016). him to the new institution. When the Ministry’s direction that correctional Ombudsman staff looked into the facilities are not required to conduct Our Office made a submission to case, management at the first jail formal investigations of such cases. We this task force, noting concerns we acknowledged they had missed the were told a new policy is in the works have raised about overcrowding and clear “not fit for transfer” restriction on that will require serious assaults to be health and safety issues, as well as the man’s file, and reminded nursing reported in writing to a superintendent. the fact that the OCDC is the only one staff to review all medical files before of the five most complained-about scheduling inmates for transfer.

TOP 5 CORRECTIONAL FACILITIES BY CASE VOLUME 4 370 Central North 1 2 3 394 Correctional Centre 455 Ottawa-Carleton Central East Toronto South Detention Centre Correctional Centre Detention Centre 5 267 647 Maplehurst Correctional Complex

18 2015 2016 ANNUAL REPORT Page 72 of 124 correctional facilities with a capacity e.g., due to mental illness or drugs. He also recommended that the Ministry of less than 1,000 inmates. The bulk The investigation also reviewed introduce a new regulation setting out of complaints from OCDC were about hundreds of recommendations from guidelines on de-escalation for all police health care issues, but there were also coroners’ inquests into similar police- services, as well as a new use-of-force 27 about segregation and 26 about involved deaths, dating back two model – and that that this be completed living conditions – including one from an decades, and other studies, including by June 2017. inmate who was housed in a shower for one prepared by Hon. Frank Iacobucci The Ministry had two opportunities several days in March 2016. for Toronto Police in response to the Yatim case. to respond to a draft of this report In June 2016, the task force released before it was finalized. Although it its report, recommending numerous With the help of two retired police initially promised only more discussion improvements to conditions at the jail as chiefs, our investigators compared and review, the newly appointed well as broader changes to the remand training and use-of-force models from Minister, David Orazietti, met with system. Our Office is monitoring the around the world with those provided to the Ombudsman the day before the police in Ontario. response to these recommendations report was released and committed to closely. A consistent theme throughout all of accepting all of the recommendations. these was that police should be better trained to de-escalate such situations so Systemic investigation: Use of Investigations they do not end up using their firearms. force by correctional staff Since the Ministry of Community Safety Systemic investigation: Report: The Code, released June 2013 Police de-escalation training and Correctional Services is responsible for police training through the Ontario Investigation Report: A Matter of Life and Death, Police College, as well as the models update: All 45 of released June 2016 all police use to determine when to use the Ombudsman’s force, the Ombudsman’s investigation recommendations Investigation update: focused on the Ministry’s role in ensuring to end the “code Launched in the wake police are better trained and equipped. of silence” among A Matter of of the fatal police Life and Death correctional officers

Investigation into the direction provided by the Ministry of Community Safety and Correctional Services to Ontario’s shooting of 18-year- Based on 95 interviews with policing police services for de-escalation of conflict situations in cases of excessive old Sammy Yatim on experts in Ontario and elsewhere, as force used against inmates were a Toronto streetcar in well as family members of people killed OMBUDSMAN REPORT accepted by the Ministry in 2013, and Paul Dubé, Ombudsman of Ontario June 2016 the summer of 2013, by police, the Ombudsman made 22 as of this year, it has implemented 38 of this investigation recommendations, starting with a call for them. focused on the province’s role in training the Ministry to direct that de-escalation police to handle conflict situations techniques be used before force Remaining recommendations include involving persons who are in crisis, whenever public and officer safety allow. installing closed-circuit video in all

I would like to thank the Office of the Ontario Ombudsman for their report and“ thorough recommendations concerning the de-escalation of conflict solutions in Ontario. We accept today’s report and recommendations and will report back regularly 267 on our progress. I am committed to addressing all the recommendations. Community Safety and Correctional Services Minister David Orazietti, June 29, 2016 ”

OFFICE OF THE OMBUDSMAN OF ONTARIO 19 Page 73 of 124 The Ombudsman’s report [A Matter of Life and Death] is an eloquent plea for “systemic and individual responsibility. His report is too important to be left to wither on a shelf beside earlier, similar reports and coroners’ recommendations. It should be read by every police chief, every journalist, every judge. And by every police officer.

Michael Enright, CBC Sunday Edition, September 25, 2016

correctional facilities (four institutions has been made since the release ” Case summaries have yet to do so, but this is expected of this report, which made 28 to be completed in the next few recommendations to the OPP and years), and universal use of hand-held 6 to the Ministry. These included Best defence video recording in situations where that the OPP implement training A senior who was charged with correctional officers may potentially use and education programs, collect threatening police complained that force on inmates. data on rates of operational stress Legal Aid Ontario told him he was The number of complaints to our Office injuries and incidents of work-related no longer eligible for their services about correctional staff using excessive suicides, and address cultural issues after the Crown decided it would not force on inmates has decreased – to and stigma. The report also called on seek to put him in jail if convicted. 43 this past year, from 79 in 2014- the Ministry to survey police needs Our Office determined that although 2015 (in the four years prior to the across the province and develop Legal Aid eligibility normally involves investigation, we received more than provincial standards for police cases where there is a likelihood of 350 such complaints). We also received services to address these issues. jail time, Legal Aid can also provide a some complaints about lengthy delays lawyer for vulnerable people in difficult Over the past few years, the OPP has in the process for investigating and circumstances. The man appealed allotted significant resources to this documenting use-of-force incidents, Legal Aid’s decision and he was given issue, including creating a Wellness which was implemented as a result legal representation. of our investigation. We continue to Unit and ensuring support for members, retirees and their families. monitor this issue. Justice delayed In December 2015, the OPP and Systemic investigation: An inmate complained that he had sat Ministry announced a new integrated Operational stress injury and in jail for days after becoming eligible mental health strategy, which for parole because a parole hearing suicide affecting Ontario includes increased capacity for OPP had not been scheduled for him. He Provincial Police (OPP) and police critical incident stress response, had signed a consent form to delay his across the province early intervention and referrals, as hearing past his parole eligibility date, well as health care resources. The Report: In the Line of Duty, released but said he had only done so because OPP Commissioner acknowledged October 2012 he was told the Parole Board was not during the announcement that the Investigation update: available sooner. As a result of this strategy is based in part on the Remarkable progress case, the Parole Board eliminated the recommendations in the In the Line to help active and consent form, to ensure that hearings Of Duty report. The OPP is also retired officers are held before an inmate’s eligibility sharing its approach with other police in dealing with date, as required by law. operational stress services and emergency service injury and suicide providers across Canada.

20 2015 2016 ANNUAL REPORT Page 74 of 124 youth, within the jurisdiction of the with senior FRO officials to address Ministry of Children and Youth Services. trends and specific cases. One Our jurisdiction in this area does not trend we noticed this year involved include children’s aid societies, although inconsistencies in FRO’s enforcement we consistently receive complaints actions – that is, it sometimes acted about them (4,555 between 2005 and too aggressively, and sometimes was 2015). We received 417 complaints not aggressive enough. For example, about children’s aid societies in fiscal in one case, FRO officials failed to 2015-2016; as in previous years, we had take additional enforcement action for to turn these away, but did our best to several years against a man who owed refer people to help as warranted. more than $300,000 in arrears. Yet However, as of March 1, 2016, thanks in other cases, they pursued people SOCIAL SERVICES to Bill 8, the Public Sector and MPP whose support obligations were Accountability and Transparency Act, met, like one man whose salary was 2014, the Provincial Advocate for garnished by 50%, even though he had Children and Youth – who, like the actually overpaid the FRO (after our Ombudsman, is an independent Officer intervention, FRO officials refunded him Overview and trends of the Legislature – now has the power $450 and apologized). in cases to conduct individual and systemic investigations relating to children’s Errors and poor customer service were The general area of “social services” aid societies, bringing them under also common complaints about the falls mostly within the purview of the independent scrutiny for the first time. FRO. An MPP brought a complaint to Ministry of Community and Social us on behalf of a man who disagreed Services, and includes the two most with the FRO’s interpretation of a consistently complained about provincial Family Responsibility Office court order. FRO officials apologized bodies: The Family Responsibility The Family Responsibility Office (FRO) to him after our staff made inquiries Office and the Ontario Disability is responsible for enforcing court- and discovered accounting errors that Support Program, both of which serve ordered child and spousal support and is millions of Ontarians. We received consistently a top source of complaints had wrongly increased his arrears by 2,105 complaints relating to this to the Ombudsman. This year, we more than $18,000. However, more ministry, which also includes a range received 1,025 complaints about the recently, new leadership at the Deputy of developmental services offices and FRO, making it once again the most and Assistant Deputy Minister levels programs, which were the subject of our complained about Ontario government seems to be driving positive change at largest investigative report this year. organization. the FRO. It has kept our Office informed of its improvement efforts, including We also received 46 complaints about We take a proactive approach to development of a client service social services relating to children and FRO complaints, meeting regularly

TOP 5 CASE TOPICS 2 3 417 4 Children’s aid societies 1,025 (outside jurisdiction) 156 1 843 Developmental Family Responsibility Ontario Disability 5 services programs Office 46 Support Program Social services relating to children

OFFICE OF THE OMBUDSMAN OF ONTARIO 21 Page 75 of 124 complaints process and a “client service disabilities continues to be a top disabilities in crisis situations, including charter” that will set out a feedback source of complaints (156 this year). being abandoned, abused, unnecessarily process and service standards. It has also been the subject of two hospitalized and jailed. All 60 systemic investigations by our Office. recommendations were accepted by We continue to monitor other We continue to work with affected the Ministry of Community and Social initiatives introduced last year to individuals and the relevant officials Services, which will report back to our improve the handling of files and, in to resolve individual cases and flag Office on its progress in implementing particular, the organization of the FRO’s potential systemic problem in this area. them at six-month intervals, starting in Interjurisdictional Support Orders unit. February 2017. This unit, the subject of 58 complaints Autism services for children and The investigation revealed that this year, works with agencies in other youth inconsistencies in how funding is provinces or countries to enforce For years, we have received complaints prioritized and distributed leave support orders where one of the parties about the province’s administration of some families so desperate that they lives outside of Ontario. services for children with autism – some have abandoned loved ones with related to broader policy decisions, and developmental disabilities and complex Ontario Disability Support some involving administrative glitches. medical conditions. Program (ODSP) In March 2016, we received a flurry of complaints after the government’s Among other things, the Ombudsman Ombudsman staff also meet regularly announcement of additional funding for recommended that the Ministry formally with Ministry officials to flag trends autism programs ($333 million over the recognize its role in directly assisting about the ODSP, consistently a top next five years) was accompanied by with crisis cases, establish urgent source of complaints to our Office – news that it would not pay for intensive response resources, and direct that 843 this year. Complaints generally tend therapy for children therapy for children adults with developmental disabilities to relate to customer service – many aged 5 or older. In June 2016, a new not be returned to abusive situations clients with disabilities complain about plan was announced ($200 million over or housed inappropriately in hospitals issues in communicating with ODSP four years), that would include $1,000 and long-term care homes. Several officials – and the level of funding per week for therapy of children aged recommendations also called for provided. 5 and up. Although our Office does improved tracking, monitoring and not intervene in broad public policy research to identify service gaps and This year, we continued to monitor decisions of this nature, we will continue allow for better planning and flexible the Ministry’s progress in addressing to monitor the administration of these solutions to crisis situations. problems with the computer system programs and assist individuals where, it launched in late 2014, known for example, rules and procedures are Launched in November 2012, the as “SAMS” (Social Assistance not being followed. Special Ombudsman Response Team’s Management System). One man investigation involved interviews with complained to us that the only answer more than 200 families and officials, he could get from ODSP workers after Investigations and the review of more than 25,000 waiting five months to receive his documents, including probes by benefits was “be patient.” Our staff Systemic investigation: Services coroner’s inquests, a Select Committee discovered that the man’s file was for adults with developmental of the Legislature and Ontario’s Auditor affected by a SAMS glitch, but it was disabilities in crisis General. Ombudsman staff also worked fixed the next day, and two days after to resolve individual crisis situations as Report: Nowhere to Turn, released we contacted the ODSP, the man’s case they arose throughout the investigation August 2016 – including helping move 20 people from worker met with him and provided him hospitals to more suitable homes. with a retroactive benefit payment. Investigation update: Nowhere to Turn This report reviewed We continue to receive complaints about Investigation into the Ministry of Community and Social Services’ response to situations of crisis involving adults with developmental disabilities Developmental services more than 1,400 similar crisis situations, and respond complaints and to them on an urgent basis. Further The province’s complex and changing highlighted egregious updates will be published in forthcoming system of programs and services cases of adults annual reports. for people with developmental Ombudsman Report n Paul Dubé, Ombudsman of Ontario n August 2016 with developmental

22 2015 2016 ANNUAL REPORT Page 76 of 124 I was among those appalled by the stories highlighted in the Ombudsman’s “report [Nowhere to Turn]. I have thanked the Ombudsman and his office for their thoughtful investigation, and I am fully committed to working with our partners in the developmental services sector and my cabinet colleagues across government to address all the recommendations… particularly with respect to residential supports for those with urgent and complex care needs.

Community and Social Services Minister Helena Jaczek, letter to editor, Sarnia Observer, August 31, 2016 ”

p August 24, 2016: Ombudsman Paul Dubé releases report on services for adults with developmental disabilities who are in crisis, Nowhere to Turn, at Ontario Legislature.

OFFICE OF THE OMBUDSMAN OF ONTARIO 23 Page 77 of 124 Systemic investigation: Care and recommended for long-term residential notice to the man’s employer and have custody of children with severe treatment by a psychiatrist. A worker since collected more than $5,000 in special needs from the local children’s aid society told payments by garnishing his wages. her that surrendering custody of the Report: Between a Rock and Hard boy was the only way to get him into a Held at the border Place, released May 2005 group home. Our staff spoke to Ministry of Children and Youth Services officials, A mother whose support payments Investigation update: who expedited the family’s request for from her ex-husband were collected It has been more than complex special needs funding – and through an enforcement agency in the a decade since this also clarified with the children’s aid U.S. complained that the FRO would not investigation revealed society’s management that parents release any of it to her because it didn’t the serious problem of should not be told to surrender custody have the necessary documentation parents being forced if there are no protection issues. The boy from a U.S. court. She had even to surrender custody was moved to a treatment group home a travelled to the U.S. in an attempt to of children who have week after the funding was approved. get the documents herself and was severe special needs to children’s aid subsequently facing eviction. After our societies in order to get the care they Office intervened, FRO obtained new needed. Although the government Case summaries documents from the U.S. and released has repeatedly committed to ensuring to her. parents would not be put in this heart- $9,700 wrenching position, we continue to An arresting mistake receive a few such complaints each year. A father contacted us from jail after Painful delay he was arrested for failing to pay For example, this past year, we heard A woman who was seriously injured child support arrears to the Family from the mother of a 13-year-old girl in a car accident complained that she Responsibility Office. He was unaware who has autism, a developmental waited seven months to receive her that he owed any support, and he disability, and other conditions, who application for ODSP benefits. Our staff had custody of his child when he was was told by a service co-ordination discovered that her initial call was not arrested. Our review determined that the agency that she should ask the local responded to for a month, despite a FRO’s notices were sent to the wrong children’s aid society to place her promise on ODSP’s website that a case address, even though his correct address daughter in a group home. Ombudsman worker would set up an interview within was on file. After our intervention, the staff contacted senior officials at the five days. In fact, although a case folder amount he owed in arrears was reduced, Ministry of Children and Youth Services, was created for her within five days, she and the FRO sent him a letter of apology. who were concerned to learn a parent received only one contact from ODSP had been given such advice. Shortly between March and September 2015. In thereafter, the mother’s request for Follow the money the meantime, she incurred significant additional services to help care for the A mother of two complained that FRO debt and was on the verge of losing her girl at home and give her biweekly officials had not done enough to collect home. Her application was approved respite was approved. the more than $30,000 in support in November 2015, and after our We also helped a mother of a 12-year- owed by her ex-husband, even though intervention, she also received $4,900 in old boy with multiple conditions who they knew where he worked. After we retroactive ODSP support. had been suicidal and violent, and was contacted FRO officials, they issued

Thank you for your very compassionate and professional representation of children“ and families who have been in contact with your Office. Email from Ontario public servant ”

24 2015 2016 ANNUAL REPORT Page 78 of 124 Your report [Nowhere to Turn] is a valuable contribution in our continuing “work, and I have carefully noted your comments. I know that my colleague [Minister Jaczek] joins me in accepting all of your recommendations. We are committed to working as quickly as we can to act on them.

Premier Kathleen Wynne, letter to Ombudsman, September 6, 2016 ”

Thank you for all you have done for me with regards to ODSP…This is a “reminder to me and others that even when one feels there is nowhere to turn for help and advice, that one needs to keep on digging deeper for answers as there most likely will be somewhere or someone to turn to. You just have to look deep enough. My complaint may help others. Complainant ”

OFFICE OF THE OMBUDSMAN OF ONTARIO 25 Page 79 of 124 daycare and kindergarten through post- 2016, the Ministry released a breakdown secondary and post-graduate studies. of needed school repairs across the This includes financial assistance province, with an estimated total cost of programs for students in need and $15.4 billion. programs to support those seeking to upgrade skills or train for new careers. Sex education curriculum Our Office received757 complaints We also received 20 complaints related about these ministries and programs in to changes to the sex education 2015-2016 – excluding school boards curriculum, which went into effect in and universities, which only came under September 2015 amid some public our jurisdiction near the end of the fiscal controversy. This is an example of an year (for more on these, see the next issue of broad public policy, which EDUCATION two sections of this report). governments are elected to set. Since these complaints mainly involved The most common topics of complaint disagreement with the curriculum itself, – PROVINCIAL were school repairs, colleges of applied not issues with procedural fairness arts and technology, private career or the way it was administered, we GOVERNMENT colleges and the Ontario Student explained to the complainants that we Assistance Program. MINISTRIES AND would not pursue them. School repairs Provincial Schools Branch PROGRAMS Of the 256 complaints we received We received complaints about about the Ministry of Education in 2015- 50 the Provincial Schools Branch, which 2016, 138 related to a lack of provincial provides specialized schools for funding for repairs to school buildings students who are deaf and/or blind, or Overview and trends (many of these complainants also wrote have severe learning disabilities. The to the Office of the Premier about bulk of these stemmed from reports that in cases this issue). We reviewed but did not the Ministry intended to close five such The Ministry of Education and what intervene in these complaints, as they schools, after it stopped taking new was formerly known as the Ministry involved government spending priorities, applications in early 2016. In August of Training, Colleges and Universities which, like matters of broad public 2016, the Minister announced that the (it became the Ministry of Advanced policy, are not part of the Ombudsman’s schools would remain open. Our Office Education and Skills Development in role. In June 2016, the province will continue to monitor developments June 2016), are responsible for Ontario’s announced an additional $1.1 billion over in this area. education system at all levels, from two years for school repairs; in August

TOP 5 CASE TOPICS 3 135 4 Private career 1 2 138 colleges Funding for 155 school repairs 137 Ontario Student Colleges of applied 5 50 arts and technology Provincial Schools Assistance Program Branch

26 2015 2016 ANNUAL REPORT Page 80 of 124 Ontario Student Assistance Private career colleges – Investigations Program – OSAP Everest College Systemic investigation: Although administered by the Some 119 of the 135 complaints we Monitoring of unlicensed province, student assistance funds received about the then-Ministry of come from both the federal and Training, Colleges and Universities’ daycares provincial governments, and the federal Private Career Colleges Branch related Report: Careless About Child Care, government administers the repayment to the sudden closure of Everest released October 2014 process. About one-third of the 155 College’s 14 campuses in February Investigation update: complaints we received about OSAP 2015, which affected nearly 2,700 The Ombudsman’s were from recipients who were having students. To deal with this surge 2014 report revealed problems repaying their student loans, in complaints, a dedicated team of serious systemic or wanted to contest the amount Ombudsman staff collaborated with a problems in the they were being asked to pay. Many Ministry team headed by the Assistant Ministry of Education’s complaints were also related to the Deputy Minister. monitoring of private, sudden closure of Everest College, a Our staff helped students deal with unlicensed daycares, large private career college, the previous delays and communication issues with where four children died in the seven year. Several Everest students saw their the Ministry’s Training Completion months prior to the investigation. eligibility to continue receiving OSAP Assurance Fund (TCAF), which assists The Ministry of Education agreed to funds disrupted along with their studies. students in resuming their studies or implement all 113 of the Ombudsman’s getting refunds. We also worked with recommendations. It passed new Colleges of applied arts staff at the Ontario Student Assistance legislation to modernize and strengthen and technology Program (OSAP) to help Everest the regulation of child care – the Child Unlike universities, which only came students sort out issues with loans Care and Early Years Act, 2014 – which within our jurisdiction on January 1, intended for tuition and living expenses. came into force on August 31, 2015. 2016, our office has always been able For example, a mother of three faced All recommendations in this case have to take complaints about Ontario’s 24 eviction after Everest closed, because now been addressed. Improvements colleges of applied arts and technology. her OSAP funding for living expenses made by the Ministry include: We received 137 such complaints in was due to run out while she waited • A dedicated enforcement unit to deal 2015-2016, many raising the same for arrangements to be made to with complaints about unlicensed types of issues complained about at resume her studies at another college. daycares and a toll-free, provincewide universities, such as fees, academic Our staff worked out a solution with number to call to make complaints; decisions and program requirements. Ontario Works to provide her with More than 20% of complaints involved social assistance, and its officials were • An advertising campaign to enhance disputes over college tuition fees – issued a memo to alert them to similar public awareness about child care usually related to whether students situations. options, explaining differences between licensed and unlicensed who withdrew from a program did We also helped OSAP identify a problem care; so in time to be eligible for a tuition with its systems when five former refund. We also received complaints Everest massage therapy students who • An online registry that allows the about how colleges accommodated had switched to a new college did not public to find information about students with disabilities. Most were receive their loans. As a result of our violations and convictions of resolved informally through referral to or inquiries, OSAP officials discovered that unlicensed daycare operators; and discussion with appropriate college or they could not access the files of these • Removing a significant licensing Ministry officials. and other former Everest students – and loophole for some private schools they were able to fix the issue for all that provided care for children under concerned. kindergarten age.

OFFICE OF THE OMBUDSMAN OF ONTARIO 27 Page 81 of 124 As of January 1, 2016, private schools she did not have voicemail. As a result Ministry acknowledged it had provided must be appropriately licensed if they of our intervention, the woman was poor customer service in this case, and take children younger than school age. able to register in the program, and the agreed to reimburse the cost of her New regulations under the Act also college committed to consider making books. make distinctions between child care acceptance offers by email in future. and recreational activities for children, Too far to go fixing a loophole that allowed some Pressed for cash unlicensed daycares to operate as A mother who had been commuting A college student who was taking “camps.” Improved technology that two hours every day to attend classes “compressed” courses over the will allow the Ministry’s Enforcement at an Everest College campus applied summer questioned why she didn’t Unit to identify complaint trends and for funding to resume her studies qualify for full-time OSAP funding, as enhance proactive enforcement will be elsewhere after the college closed. her college had previously determined introduced later this year. However, the only program available in that her compressed course load made her field would have required a five-hour The Ombudsman’s investigation began her eligible. Our inquiries determined daily commute. She was offered a partial in the wake of the death of a two-year- that the college had made an error, and refund under the Training Completion old girl at an illegal unlicensed daycare in the woman did not meet the full-time Assurance Fund, but Ombudsman staff Vaughan. In February 2016, the operator funding threshold – but to make up for determined she should be eligible for a was convicted of operating a daycare this, the college arranged a grant to full refund, as the long commute would without a licence, and charged with ease her financial hardship. The case be an undue hardship. We arranged for manslaughter in March 2016. also prompted the Ministry to review her request to be reconsidered, and she the information it provides to financial was granted a full refund. aid offices with regard to compressed Case summaries courses. Back in action No answer Buy the book An Everest College student who was away from the school on medical leave A woman on a waiting list for a popular, A student who bought $1,000 worth of when it abruptly closed was turned limited-enrolment college program called textbooks for her studies at the suddenly- down for assistance in enrolling in a new our Office for help when she could not closed Everest College complained that program because his college record did get any information from the college foot-dragging by officials at the Ministry not list him as an active student at the about whether she had been accepted. of Training, Colleges and Universities time of the closure. When Ombudsman We discovered that for this program, caused her to miss a deadline to receive staff provided Training Completion the college only made acceptance a 60% refund on the books, which were Assurance Fund officials with proof of offers to students over the phone, not now worthless to her. She had tried to the student’s medical records and re- by mail or email. College officials did contact the Ministry five times, with no enrolment paperwork, they agreed that phone the woman, but were unable to he qualified for assistance. reach her or leave a message, because response. After our intervention, the

TOP 5 COLLEGES* BY CASE VOLUME 9 4 Humber College, Loyalist College, 3 Niagara College Canada 1 18 2 10 George Brown Fanshawe College 15 Sheridan Seneca College 5 College College 7 *of applied arts and technology

A breakdown of cases by college can be found in the Appendix.

28 2015 2016 ANNUAL REPORT Page 82 of 124 68 complaints were received between procedures. In many cases this year, we April 1 and August 31, 2015 – before our were able to resolve the matter with new mandate took effect. We referred board officials or suggest improvements these people to help as warranted, while to board processes; in others, we noting that they could file a complaint determined the board acted in a fair and with us after September 1, 2015 if their reasonable manner. issues were not resolved. The most common topics of complaint In preparation for this expanded involved school staff and employment jurisdiction, our staff spent much of matters, special education, student 2015 doing extensive research in safety and security (including bullying), education law, developing internal and transportation. We also received information resources (including a multiple complaints about student EDUCATION – wiki), conducting a survey of school discipline procedures, pupil attendance boards across the province to policies, school closures, and the SCHOOL BOARDS gather information on their policies, application of trustee codes of conduct. administration and points of contact, and establishing and training a dedicated Staff conduct and team to handle school board complaints. employment issues The Deputy Ombudsman, Ombudsman Overview and trends and many other staff members We received 68 complaints about in cases consulted and engaged with school school board staff and another 43 about board officials at various levels to hear employment related issues. Complaints School boards were the first area of the their concerns about our new oversight about specific staff members were broader public sector to come under and explain our processes. referred to the appropriate internal the Ombudsman’s mandate with the complaints process, through the school changes ushered in by Bill 8, the Public As with all complaints we receive, our board’s hierarchy or relevant processes Sector and MPP Accountability and Office serves as a last resort and works for harassment and discrimination Transparency Act, 2014. The change to resolve school board complaints at complaints. If a complainant has tried took effect on September 1, 2015, just the local level wherever possible. For these avenues, our Office will not make before the start of the school year. example, if a parent has a complaint determinations about the conduct of but has not yet raised it with the school staff, but can review whether relevant Between September 1, 2015 and principal or the relevant superintendent, processes were followed. March 31, 2016, we received 398 our staff will suggest those steps first. cases about 54 school boards. Some If the person has indeed exhausted all Complaints about employment issues 289 of these cases were closed by the available mechanisms, we will contact were referred to the complainant’s union end of the fiscal year, most through school board staff about the issue or the Ontario Labour Relations Board; informal resolution or referral to existing directly, review the facts and consider mechanisms at the boards. Another the board’s relevant policies and

WE OVERSEE

29 4 72 English Catholic French public 10 31 boards boards school English public school boards boards 8 French Catholic boards authorities

OFFICE OF THE OMBUDSMAN OF ONTARIO 29 Page 83 of 124 complaints about conduct of teaching special education services and the staff may also be referred to the Ontario nature of those services. In many College of Teachers. cases, the complainants came to our Good to office before using available appeal and Trustee conduct review processes, and we referred them KNOW We received 6 complaints related to accordingly. the conduct of elected school trustees However, most complaints were from – most focusing on how their code of parents who were dissatisfied with conduct applies to their interactions with the services provided to their children the public. Statistics for cases about school under Individual Education Plans. boards cover the period from When a trustee makes a complaint Our involvement in such cases was September 1, 2015 (when our about another trustee, the process generally to facilitate communication jurisdiction took effect) to March is usually clear: It is set out in the between parents, school boards and 31, 2016. Education Act and is generally reflected teaching staff, to find outcomes that A breakdown of cases by school in the codes adopted by boards. But meet children’s needs in light of board board can be found in the it is less clear when someone other resources. Appendix. than a trustee makes a complaint. We In one case, a group of parents discovered two boards that did not have mechanisms for handling such complained about their school board complaints – instead, the board chairs closing some special education had adopted ad hoc processes that classrooms. Although the board had in weren’t clearly communicated. fact put appropriate resources in place, we determined that communication In the interest of transparency and between parents and school board staff accountability, our Office encourages was lacking and the children’s transition Act allows principals to refuse to admit school boards to set out in their policies, between classrooms was not as smooth someone to a school if there is a risk to procedures or codes how stakeholders as it could have been. can raise conduct concerns and how student safety. However, we have seen these complaints will be handled. Special needs and “exclusions” several cases where boards lack specific policies to address when and how such One area of concern that our Office has Special education exclusions are imposed, and how they noticed with regard to special education may be appealed. Our Office encourages We received 62 complaints related is the use of a provision of the Education all school boards to implement specific to special education, many involving Act to exclude high-needs students policies for exclusions that, at minimum, decisions of Identification, Placement with behavioural issues from school set out how notice is provided, ensure and Review Committees, which while arrangements are being made to that reasons are given, and include determine a student’s eligibility for ensure proper supports are in place. The some form of appeal procedure.

TOP 5 CASE TOPICS 3 4 43 2 Enrolment/boundary issues 1 50 Employment issues 74 Transportation Staff and trustee 62 5 36 conduct Special education Student safety

30 2015 2016 ANNUAL REPORT Page 84 of 124 p December 11, 2015: Deputy Ombudsman p February 17, 2016: General Counsel Barbara Finlay (then Acting Ombudsman) Wendy Ray speaks to the Elementary speaks to officials from 16 school boards in Teachers’ Federation of Ontario in Toronto. Waterloo.

Safety and security respect for individual stakeholders’ accommodated student needs as much rights. In one such case, a school issued as possible, and followed its policies and Some 30 of the 36 complaints we a no-trespass order to a father for yelling procedures. received about safety and security at school staff; our Office helped make were from parents concerned that their In one case, a parent complained arrangements so he could still walk his board’s response to incidents of bullying about a school board’s lottery process daughter to kindergarten. was inadequate. Our staff facilitated for admissions to a particular school; communication between complainants A few complaints involved the response however, our inquiries determined that and boards to find resolutions in the of school boards to children’s allergies. the process was fair and reasonable. best interests of the affected children, In one such case where a child had and reviewed board processes. Our severe food allergies, we found that School closures Office is gathering information about although the board’s response did not go We received 15 complaints about best practices for dealing with these to the extent requested by the parents, school closures during the fiscal year. All situations, which we will use in it accommodated the child in accordance school boards must follow Ministry of suggesting future improvements to with its policies. Education guidelines for such decisions. boards. As an office of last resort, we do not intervene in the required consultation We also received complaints about Student transfers and and review process and cannot undo “no-trespass” orders imposed by some enrolment decisions. That said, we can seek boards. In most cases, we determined School board decisions that restrict ways to ensure that the board’s actions that boards have good reasons for enrolment in a school or affect related to school closings are handled in such orders, however, the restrictions attendance boundaries can often be a fair and transparent manner. should be limited as much as possible contentious. We received 43 complaints and for only a set time, and they should about enrolment and boundary issues, For example, we made inquiries at be made in accordance with relevant many related to board decisions to move the conclusion of one such process, procedures, with reasons given. This students from one school to another. where the board failed to initiate a pupil ensures a balance between the school Our focus in such cases was on how the accommodation review, and we sought board’s need to ensure safety and board planned the transition, to ensure it information about how it would avoid

OFFICE OF THE OMBUDSMAN OF ONTARIO 31 Page 85 of 124 t August 18, 2016: Ombudsman Paul Dubé speaks to the Ontario Secondary School Teachers’ Federation in Ottawa.

such situations in future. In another board’s handling of this decision, going children were on school buses, as well case, when we learned of a group of back several years, and determined that as the safety of walking routes where students whose school was closing it correctly followed the process in place transportation was not provided. Our before construction on their new school under the Expropriation Act, including approach in these cases was to ensure had even begun, we verified that the consulting the homeowners and offering policies and procedures were followed by board had a transition plan in place. them compensation (which they have the boards and their transportation providers. Portable classrooms were set up at right to appeal to the Ontario Municipal In several cases, our inquiries resulted in another school and staggered hours Board). We informed the homeowners the board or its transportation consortium were established to make the influx of that our review determined that a formal making improvements for the benefit of additional students less disruptive, all investigation was not warranted. all concerned. according to board policies. For example, after a frightening incident Expropriation Transportation where a four-year-old boy was dropped We received 50 complaints about off at the wrong stop and left standing Shortly after our new jurisdiction took transportation – most about school alone by the side of the road until a effect, we received complaints from a busing arrangements at the beginning passerby returned him to school, our group of homeowners whose property investigators made inquiries with the was being expropriated by a school of the 2015-2016 school year. These board’s transportation consortium, which board so it could build a new school on included concerns about the safety of acknowledged it was a case of driver the land. Our investigators reviewed the pick-up/drop-off points, the length of time

TOP 5 SCHOOL BOARDS, BY CASE VOLUME 4 23 1 2 3 Peel District 41 31 School Board 65 Toronto Catholic Thames Valley Toronto District District School District School 5 School Board Board Ottawa-Carleton Board 17District School Board

32 2015 2016 ANNUAL REPORT Page 86 of 124 error. The consortium also apologized Systemic investigation: School per day due to behavioural issues. She to the boy’s mother and improved its busing issues in Toronto wanted to home-school her son, but driver training and incident reporting the board insisted he come to class for procedures. Launched: September 2016 45 minutes every day. After our staff facilitated communications between In a few cases, we determined that Investigation update: When more than the mother and the school board, it was school boards were following their 1,000 children in the Toronto District agreed that she could arrange to have policies, but not communicating them School Board and Toronto Catholic him home-schooled with an educational well. When several families in the same District School Board were left waiting assistant, and the school would provide neighbourhood were deemed ineligible for school buses that did not show up and mark his work. for busing services because they did not over the course of several days in early live far enough away from their children’s September 2016, the Ombudsman school, they were unable to find out the directed the Special Ombudsman The safer way Response Team to determine whether distance calculation that the school board The mother of a Grade 4 student was or not a systemic investigation was used for its decision. After we suggested concerned for her son’s safety because warranted. Two weeks later, the boards the board make this information available, he had to cross a busy intersection were notified of our formal investigation, it agreed to develop a policy for doing so. on his walk to school. He was denied which focuses on their oversight of busing services, even though younger Similarly, when families complained student transportation and whether children in the area were being bused about the lack of notice they were given their response to the recent delays and to school. After our Office referred her about school bus route changes, we disruptions was adequate. to the school board’s superintendent spoke with their board’s Director of of transportation, the board agreed to Education, who committed to providing The matter involves some 60 school provide busing services for her son. parents with at least a week’s notice of bus routes that lacked drivers, who are changes, as well as a clearer explanation contracted through a transportation of the board’s appeal process. consortium shared by the boards. Better, not late Among the questions investigators The mother of a kindergarten student are reviewing are whether the boards with special needs complained that Discipline procedures adequately prepared for and informed her son’s bus was repeatedly late We received 25 complaints about student parents about the situation. At the and that he had once been dropped discipline, suspensions and expulsions time this report was finalized, the off at the wrong address. One month during the fiscal year. Although our Office investigation was ongoing. into the school year, he had not yet cannot overturn decisions to suspend attended a full day. At our suggestion, or expel students, nor intervene in she complained to the board’s student ongoing appeal processes, we did look Case summaries transportation services officials, who at how relevant policies were applied met with the bus operators the same and whether the processes were fair and Cars curbed week. The bus company’s services transparent. For example, we discovered A woman complained to us after trying improved significantly after that two boards whose practices in dealing for months to get a school board to meeting. with suspensions and expulsions differed respond to her safety concerns about from what was in their policies. We vehicles regularly driving up onto a curb encouraged both boards to update their Teachable moment on school property near an entrance for policies to ensure affected students and young children. After our staff contacted After a teacher-in-charge kept a student parents know what to expect and are board officials, they agreed there was an out of class for more than two hours treated fairly. issue, installed “no parking” signs, and over an incident, the student’s mother advised staff to refrain from parking in complained to us about the board’s the area. response to her concerns. As a result Investigations of our inquiries, the board sent the We did not launch any formal No place like home mother a letter of apology and began investigations related to school boards in developing guidelines to help principals fiscal 2015-2016, but the Ombudsman A mother of a teenage boy with autism and teachers-in-charge investigate such has since launched one systemic sought our Office’s help after her son incidents. investigation. was restricted to 45 minutes of school

OFFICE OF THE OMBUDSMAN OF ONTARIO 33 Page 87 of 124 – before our new mandate took effect. the university’s existing complaint or We referred these people to help as appeal mechanisms are being applied warranted, while noting that they could fairly and in accordance with the return to us after January 1, 2016 if relevant policies and procedures. their issues were not resolved.) The most common complaints were To prepare for this new mandate, our related to requests for academic Office conducted extensive outreach accommodation, parking, admissions with university stakeholders, including and issues with university programs. In the Council of Ontario Universities, referring the bulk of complaints back to student and faculty associations, and universities for internal resolution, our university ombudsman offices, to Office has found that they generally explain how we work and to gather have sophisticated mechanisms in EDUCATION information about how each university place for handling most concerns. resolves issues internally. This included It should also be noted that by law, – UNIVERSITIES conducting a survey of universities principles of academic freedom across the province and hosting a are taken into consideration when one-day symposium for university our Office reviews complaints ombudsmen and complaints staff in about universities (s. 30 of the Overview and trends November 2015. Ombudsman Act). Our focus is in cases Our Office encourages all universities mainly on administrative conduct and Although our Office has always had to establish independent and impartial on facilitating communication and oversight over colleges because they are ombudsman offices. At present, about resolution between complainants and the direct responsibility of the provincial a dozen exist, but their scope and relevant university officials. government, our new jurisdiction over independence vary. Some receive Ontario’s 21 publicly funded universities complaints only from current students; did not take effect until January 1, some do not review academic appeal Investigations 2016. Between that date and the end of processes or take complaints from We did not launch any formal the fiscal year on March 31, 2016, we staff. investigations related to universities in received 92 cases about 18 universities. fiscal 2015-2016, or in the interim prior As an office of last resort, our role in (Another 49 cases were received to the finalization of this report. most cases involves ensuring that between April 1 and December 31, 2015

TOP 5 UNIVERSITIES BY CASE VOLUME 4 8 1 2 University of Ottawa, 11 University of Waterloo 14 Lakehead University York University 3 University 9 Ryerson University 5 7of Toronto

34 2015 2016 ANNUAL REPORT Page 88 of 124 he is unsatisfied at the conclusion of the Case summaries process, he can return to us and we can assess how it was handled. Second chance Good to A PhD student who was given no Admit one opportunity to repeat his final exam when KNOW A would-be Bachelor of Education he failed on his first try after 16 months student complained that he was denied of course work complained to our admission because of a mistake in his Office that he had hit a dead end in the application due to a miscommunication university’s appeal process. Our inquiries with the university. We referred him to determined that staff had misapplied the university’s dispute resolution service. university policy, and as a result, the Statistics for cases about student was given a chance to appeal the universities cover the period decision further. Distance discount from January 1, 2016 (when our A distance education student complained jurisdiction took effect) to March Fail safe he was asked to pay fees for various 31, 2016. services only available on campus, such A student complained that he had failed a A breakdown of complaints by as student lifestyle fees. We referred him course due to false information provided university can be found in the to information on the university’s website to his professor by a teaching assistant. Appendix. about compulsory and non-compulsory We directed him back to the university’s fees, and provided information about grades appeal process, explaining that how to get a refund of any non- we are an office of last resort and our compulsory fees he had already paid. role is not to overturn decisions, but if

Our focus is mainly on administrative conduct and on facilitating communication “ and resolution between complainants and relevant university officials.

q February 10, 2016: Director of Investigations q February 20, 2016: General Counsel ” Sue Haslam speaks to the Ontario University Laura Pettigrew speaks to the Ontario Confederation Registrars’ Association in Toronto. of University Faculty Associations in Toronto.

OFFICE OF THE OMBUDSMAN OF ONTARIO 35 Page 89 of 124 t May 12, 2016: Deputy Ombudsman Barbara Finlay (fourth from right) meets with University of Windsor student ombudsman Kris McInnis and students in Windsor.

Our Office encourages all universities to establish independent and “impartial ombudsman offices. ”

TOP 5 CASE TOPICS Instructor and 2 16 8 staff conduct Fees and financial 4 1 20 assistance Academic appeals 6 Employee issues 5 Safety and and exams 3 9 security

36 2015 2016 ANNUAL REPORT Page 90 of 124 Even this fiscal year, before our The Ombudsman’s role is not to replace jurisdiction came into effect, we local accountability mechanisms or to received 1,492 complaints about intervene in municipal council decisions; municipalities (between April 1 and rather, we review how local policies and December 31, 2015). We referred these procedures are applied and followed. people to help as warranted, while Complaints are best addressed at the noting that they could file a complaint local level by those directly involved in with us after January 1, 2016 if their the issue. issues were not resolved. We encourage all municipalities to have Between January 1 and March 31, strong and accessible processes to with our mandate finally in effect, deal with complaints and appeals, and we received 918 cases about 227 to establish local accountability officers MUNICIPALITIES municipalities. Most were resolved such as integrity commissioners, quickly without need for a formal auditors general and ombudsmen. – GENERAL investigation. Adding all 444 municipalities to our jurisdiction represented an enormous increase. Our office worked for more Overview and trends than a year to prepare, researching municipal law and policy structures, Good to in cases training staff, establishing internal KNOW Ontarians have complained to their research resources and conducting Ombudsman about municipalities a survey of municipal officials across ever since our Office first opened its the province to gather information on doors in 1975 – so much so, the first policies, accountability structures and points of contact. Given the expected Ombudsman, Arthur Maloney, began Statistics for cases about municipalities volume of municipal complaints, even calling for jurisdiction over municipalities cover the period from January 1, 2016 that year. Between 2005 and 2015, we our phone system was updated to allow (when our jurisdiction took effect) to received 10,698 municipal complaints calls to go directly to our dedicated March 31, 2016. municipal team. – or just over 1,000 per year. But all of A breakdown of complaints by these had to be turned away: It was not As with all complaints we receive, we municipality can be found in the until changes in the Public Sector and work to find a resolution at the lowest Appendix. MPP Accountability and Transparency possible level. With municipalities, this For information about our investigations Act, 2014 took effect on January 1, means referring people to local officials of closed municipal meetings, see the 2016, that we could begin accepting to resolve their issues first, as we are an next chapter. municipal complaints. office of last resort.

TOP 5 MUNICIPALITIES BY CASE VOLUME 4 2 30 1 3 52 Hamilton 75 Ottawa Toronto 74 London Muskoka Lakes 5 23

OFFICE OF THE OMBUDSMAN OF ONTARIO 37 Page 91 of 124 p May 6, 2016: Ombudsman Paul Dubé q February 22, 2016: Deputy Ombudsman p August 16, 2016: Counsel Joanna Bull speaks to the Ontario Small Urban Barbara Finlay (then Acting Ombudsman) speaks to speaks to City of Windsor officials in Municipalities conference in Goderich. the Rural Ontario Municipal Association and Ontario Windsor. Good Roads Association conference in Toronto.

TOP 5 CASE TOPICS 3 63 5 1 2 By-law enforcement 49 266 Housing Councils and committees 66 4 Ontario Works 57 Municipal hydro

38 2015 2016 ANNUAL REPORT Page 92 of 124 When cases cannot be resolved at the For instance, while reviewing a assuming he would simply hear about local level, we assess whether they complaint about a municipality giving it through word of mouth in the small can be resolved through Ombudsman jobs to relatives of councillors, we found community. The municipality agreed to intervention or investigation. the municipality lacked clear, consistent our recommendation that it give status and transparent employment practices. updates to complainants directly. Although our oversight now includes We raised concerns and council almost all municipal government bodies We also received complaints about directed staff to address the issues we and services (except police and police integrity commissioners. But we are identified. As part of its response, the services boards, children’s aid societies, municipality created a new website and not an appeal body. Rather, we review library boards and public health boards), began posting its council and committee whether the integrity commissioner the most common complaint topic by minutes and by-laws online. acted fairly and in accordance with far was councils and committees. As relevant legislation, terms of references in previous years, we referred most of Other municipalities improved the way and policies, and provided sufficient the 284 complaints we received about they provide documents to the public. reasons for decisions. In one case, municipal police to the Office of the After a man complained to us that a municipal committee member Independent Police Review Director. the only way to access the minutes complained to us that the local integrity of his local Committee of Adjustment commissioner reported to council on As might be expected, larger was online, the clerk reminded the a problem with her conduct, without municipalities tended to attract larger committee of its obligation to make telling her the report would be numbers of cases; the cities of Toronto, hard-copy minutes available. Another discussed in open session and posted Ottawa, Hamilton and London were municipality was prompted to fix publicly online. We recommended the four of the five top municipalities by several months’ worth of minutes after municipality clarify its processes for all case volume. However, a controversy a complaint to our Office revealed concerned and ensure all committee related to one local issue – an energy a computer glitch that resulted in members are aware of their obligations project in the community of Muskoka incomplete records being published. under the code of conduct. Lakes – put that municipality in second Conduct and integrity place by case volume. Municipal ombudsman commissioners Where a municipality has appointed its Review of legislation Most complaints about council and own ombudsman, we cannot review committees related to conduct, and we At the time this report was written, the a complaint within their jurisdiction routinely responded by recommending province was in the midst of a review until they have completed their review, the municipalities adopt a code of of municipal legislation. Our Office was declined to investigate, or the time limit conduct and appoint an integrity consulted as part of this process and commissioner. For example, we for bringing a complaint to them has recommended, among other things, reviewed one case about the behaviour expired. (One exception: We do not that all municipalities be required to of a few council members, but there have authority over the City of Toronto adopt a code of conduct, and that they was no code of conduct or process in Ombudsman.) be provided with a uniform framework place to deal with the issue, and the to ensure consistent standards in codes For example, we reviewed one complaint councillors refused to comply with an across the province. that a local ombudsman had refused to outside consultant’s recommended investigate a complaint about a council sanctions. We suggested the phasing out a tax in violation of its own Complaints about councils/ municipality adopt a code of conduct and procedural by-law. The local ombudsman appoint an integrity commissioner, who committees determined that the complaint was about would be empowered by the Municipal Of the 266 complaints we received conduct and referred the issue to the Act to recommend financial sanctions on about councils or committees, our focus local integrity commissioner, but agreed councillors. was on administrative and procedural to review the complaint after we pointed conduct, not political decisions of In another case, the municipality had out that procedural concerns had also elected officials. In many cases where a code of conduct, but took more than been raised. we found problems or gaps in a three months to respond to a man’s municipality’s policies or procedures, the complaint about a councillor using Ontario Works municipalities in question accepted our inappropriate language toward him. suggestions for improvement without We discovered that council was about We received 66 complaints about need for a formal investigation. to issue a report on the complaint, Ontario Works, the social assistance but neglected to inform the man, program administered by municipalities

OFFICE OF THE OMBUDSMAN OF ONTARIO 39 Page 93 of 124 I believe in finding win-win-win situations, and it seems to me that Bill 8 has given all of us that opportunity. The increased public demand for local accountability “is a win. The proliferation of local integrity commissioners, auditors general and ombudsmen is a win. The expansion of my Office’s jurisdiction is a win. The winners are the people we all serve.

Ombudsman Paul Dubé, speech to Municipal Integrity Commissioners of” Ontario, Vaughan, April 26, 2016 on behalf of the province. Many of the fairness; some also came from people billed for another unit in her apartment people who receive Ontario Works upset that by-laws were not being building since 2010, and would now have benefits are vulnerable and may need enforced – e.g., when neighbours violated to pay the difference owed. After we extra help navigating the benefits noise or property standards by-laws. made inquiries, the company agreed to system. For example, we helped a waive the entire amount, recognizing she In one case, a man who was told to 16-year-old boy who was kicked out of was living on a fixed income. clean up his yard because it contravened his home and needed money to pay rent the municipality’s yard maintenance Another municipally-owned hydro while he attended high school. After by-law complained that he did not company placed a load limiter on an he complained that local Ontario Works understand which specific items he 80-year-old widow’s home, claiming her staff denied his request over the phone, needed to remove. The municipality’s account was in arrears. When we made inquiries, we learned that the debt was we spoke to a manager who ensured he by-law enforcement manager explained actually attached to an account for a received benefits. to us that their staff had in fact given now-bankrupt business she owned with the man a detailed list of items, walked We also helped a woman who is on her recently-deceased husband. When through the yard with him to explain the disability support for a brain injury obtain we asked company officials to review requirements in detail, and extended discretionary funds from the local Ontario this case, they agreed the business debt the cleanup deadline several times. We Works to help with the $3,500 cost should have been pursued against the determined the municipality’s process of her mother’s funeral, after her first business, not transferred to the woman’s request received no response. When we was appropriate and helped the man residential account. The debt was lifted, contacted the municipality, we discovered understand what needed to be done. the load limiter was removed, and her full it had no record of the woman’s request; service was restored. its staff quickly arranged to have the bill Municipal hydro paid. Similarly, our staff helped a formerly Although provincially-run Hydro One Housing homeless woman sort out numerous was removed from the Ombudsman’s We received 49 complaints related to errors in her Ontario Works file that left oversight when the government partially municipal housing, which we were her without first and last months’ rent. privatized it as of December 2015, our usually able to resolve through inquiries Once we suggested the file be reviewed, Office gained oversight of municipally- with relevant staff. One tenant in a the mistakes were found and she controlled hydro corporations as of rent-geared-to-income unit funded by a received a cheque within days. January 1, 2016. municipal housing authority contacted us Most of the 57 complaints we received because he was repeatedly threatened By-law enforcement between that date and March 31, 2016 by a neighbouring tenant. He was facing homelessness, because he feared for Although our role is generally not to were similar to those we saw with Hydro his safety and felt he had to leave his intervene in matters of policy, including One: Billing errors, unexplained bills, and apartment, while still paying for it. After local by-laws, we can look at whether access issues for vulnerable people. we raised the matter with housing or not processes are fair, including the One senior called our Office after authority officials, they discovered other manner in which by-laws are enforced. receiving a catch-up bill for more than complaints about the neighbour, who Most of the 63 complaints we received $3,000. Her municipal hydro company told was ultimately evicted, and the tenant about by-law enforcement were about her that, due to a mix-up, she had been was able to return home.

40 2015 2016 ANNUAL REPORT Page 94 of 124 A woman and her grandson who had estate, and a specific tender process discovered the location had been taken been waiting three years for a municipal involving a real estate project in the city’s off the snowplow route some time ago housing unit contacted our Office South West Quadrant. However, the because the sidewalk needed repairs; because they were about to become Ombudsman’ jurisdiction is prescribed by they neglected to add it back to the homeless after a temporary stay at legislation, and decisions on whether and route after the sidewalk was fixed. They a women’s crisis centre. We made what to investigate are entirely up to the contacted the man to let him know snow inquiries with the local District Social Ombudsman. clearing of his sidewalk would resume. Services Administration Board, which The Special Ombudsman Response met with her. Soon after, a municipal Team (SORT) made inquiries with the Fee factor housing unit became available, and she city and determined that the issue of and her grandson moved in. A homeowner complained that a non-competitive procurements could $1,950 fee he paid to make a severance potentially have systemic implications. application was not refunded when his In May 2016, the Ombudsman application was denied. Our inquiries Investigations announced an investigation into the city’s with the municipality revealed that the We did not launch formal investigations procurement practices, focusing on the application fee is non-refundable, but into any municipal complaints during the administration of its purchasing by-laws, this is not communicated to applicants 2015-2016 fiscal year – that is, between policies and procedures regarding non- before they pay. The municipality agreed the start of our municipal jurisdiction on competitive procurements. The South with our recommendation that it should January 1, 2016 and March 31, 2016. West Quadrant project was not included, make this information public on its However, in the interim prior to the as it is the subject of ongoing litigation. website and/or on the application itself. finalization of this report, we notified At the time this report was finalized, municipalities of 2 formal investigations, SORT investigators were assessing including a systemic investigation into Billing bungle evidence to determine next steps in the procurement practices at the City of investigation. They have conducted more A man complained after he received a Brampton. Both investigations were than 30 interviews and reviewed a large municipal hydro bill of $1,300, when his in progress at the time this report was volume of documents. normal monthly bill was around $29. completed. The company told him his bills had been incorrect for the past two years, but Systemic investigation: City of Case summaries would not provide him evidence of the Brampton procurement practices errors. After Ombudsman staff spoke – launched May 2016 Snow problem with the hydro company’s director of Investigation update: In the wake of operations, he explained the error was A man told our Office he had tried for 10 several public controversies, Brampton due to a software glitch, and he directed years to find out why the municipality city council passed two resolutions (in that the customer be given a detailed May 2015 and February 2016) requesting removed the snow from the sidewalk spreadsheet showing his actual usage for the Ombudsman investigate specific in front of his neighbours’ homes, but the two years. The customer was happy matters affecting the city, including not his. We contacted the municipality’s with the detailed explanation and entered procurement, planning approvals, real infrastructure services staff, who into a payment plan to cover the bill.

WE OVERSEE WE RECEIVED

cases 444 about 227 municipalities 918 municipalities

OFFICE OF THE OMBUDSMAN OF ONTARIO 41 Page 95 of 124 meetings. Municipalities can appoint website): Some 31% of the meetings the investigator of their choice – the reviewed (14) were illegal under the Ombudsman is the investigator for Act, and there were 29 procedural all municipalities unless they appoint violations. The Ombudsman also made someone else. This system was not 53 “best practice” recommendations for affected by Bill 8, the Public Sector and municipalities to improve their handling MPP Accountability and Transparency of closed meetings. Act, which expanded our oversight to all In most cases we reviewed, even areas of municipal government. where meetings were found to be As of March 31, 2016, the number of illegal, we received good co-operation municipalities using our Office as closed from municipal officials – and our meeting investigator reached a new recommendations were accepted. MUNICIPALITIES high – 218. Closed meeting complaints are handled by our Open Meeting Be it resolved Law Enforcement Team (OMLET), – CLOSED The Municipal Act requires a resolution and our approach to these cases be passed before a council, local board, differs somewhat from the traditional MEETINGS or committee goes into closed session. ombudsman role, because it is strictly The resolution must state the fact of limited to determining whether a closed the closed meeting and the general meeting falls within one of 10 narrowly nature of the subject matter to be defined exceptions set out in s. 239 Overview and trends discussed, with as much informative of the Municipal Act, and whether the detail as possible. We received several in cases municipality complied with the Act and complaints about meetings where its own procedure by-law in closing the Although the historic expansion of municipalities failed to do this. our Office’s jurisdiction to include full meeting. For example, councils for the Township oversight of municipalities did not come During the seven months between of Russell, Municipality of Brighton, into effect until January 1, 2016, the September 1, 2015 and March 31, Township of West Lincoln, Township Ombudsman’s mandate has included 2016, we reviewed 45 complaints and of Bonfield, and Village of Casselman complaints about closed meetings for inquiries related to municipalities where all erred by failing to describe the more than eight years. our Office is the investigator. These subject matter to be discussed in their involved 45 meetings in 22 different As of January 1, 2008, amendments resolutions. to the Municipal Act, 2001 required all municipalities. The Ombudsman’s municipalities to appoint an investigator findings were reported to the The City of Port Colborne council for public complaints about closed municipalities and made public (on our committed a procedural violation by

WE RECEIVED 14 meetings found illegal cases 53 best practices suggested about 45 meetings in 29 of meetings procedural 45 reviewed violations found 22 municipalities 31%were illegal

A breakdown of closed meeting cases by municipality can be found in the Appendix.

42 2015 2016 ANNUAL REPORT Page 96 of 124 closing a meeting with a resolution In a September 2016 report (after the full of what city staff called “alphabet time period covered in this report’s Case summaries soup” – referencing every subsection statistics), the Ombudsman found that of s. 239, rather than specifying which council for Leeds and the Thousand Locked out ones applied to the topics at hand. And Islands met illegally via email in After a brief public disturbance at a June councils for Armour Township and February 2016, recommending for the 2015 meeting required the doors of City the Village of Burk’s Falls violated the third time that the township cease the Hall to be locked, the City of London Act when they passed the resolution to practice of meeting via email. Some council resumed proceedings, believing close a meeting after entering a closed members of council told us they felt the the doors had been reopened. However, session. open meeting rules were too onerous a security mistake meant that the front and should be modernized to allow email doors actually remained locked through “Personal matters” meetings. However, the Ombudsman’s parts of the meeting, blocking public role is to apply the existing law, and access. As this constituted an illegal As in previous years, the exception the law is clear – meetings by email meeting, we recommended that the city most often cited incorrectly was s. and other electronic formats are not create a formal security policy to avoid 239(2)(b) – “personal matters about an permitted by the Municipal Act. Council these mistakes in the future. identifiable individual.” When theCity members have the right to make of Port Colborne and the Township suggestions for legislative reform to the Nothing personal of Russell councils talked about local provincial government, but council is businesses, their discussions were not bound to comply with existing laws in In several meetings between 2012 and “personal matters.” Similarly, when the the meantime. 2015, the Municipality of St.-Charles Township of West Lincoln and the council met illegally behind closed Township of Russell councils used this Sensitive business doors, using the “personal matters” exception to discuss information about information exception to discuss an annual audit specific properties, they did not reveal report and management letters, even personal information about the property There is no exception in the Municipal though no individual employees were owners. Act for discussions about confidential identified. However, some discussions or sensitive business information, as did fit within this exception, when they the Township of Russell council found involved employee conduct. Email meetings when it discussed an agreement with a The open meeting rules are designed wind energy company in camera. Some to protect the public’s right to be municipalities have raised concerns present and observe local government that the Act does not allow this, such in process. When a quorum of council as the City of Port Colborne, which meets informally, in private, or over had a similar illegal closed council Good to email or telephone, the public does not meeting to discuss the potential sale have notice of the meeting and cannot of shares in a municipally-controlled KNOW observe the proceedings. telecommunications company. We suggested the City raise this concern as Council members for the Town of part of the government’s recent review Essex held an illegal closed meeting of municipal legislation. over email when they decided to change the wording of a prayer used In December 2015, we issued a at the beginning of council meetings. Review of legislation separate annual report on closed A quorum of members of a committee At the time this report was written, the meeting cases, which covered the of the Township of McKellar did province’s review of municipal legislation period from September 1, 2014 to the same, using email to decide on a was ongoing. With regard to closed August 31, 2015. recommendation to council. However, meetings, our Office recommended, The statistics in this section cover just when South Bruce Peninsula council among other things, including a clear seven months – from September 1, members responded to questions definition of “meeting” in theMunicipal 2015 to March 31, 2016. from a constituent, the emails were Act, and imposing consequences for As of next year’s Annual Report, we will simply information-sharing and did not those who violate the open meeting return to reporting all case statistics on lay the groundwork for a future council rules. an April-March fiscal year. decision.

OFFICE OF THE OMBUDSMAN OF ONTARIO 43 Page 97 of 124 t December 16, 2015: Deputy Ombudsman Barbara Finlay (then Acting Ombudsman) releases 2014-2015 annual report on Open Meeting Law Enforcement Team cases.

Illegal get-together Federal case When Armour Township and the Prime Minister Justin Trudeau met Good to Village of Burk’s Falls met in January behind closed doors with council for the 2015 to talk about the possibility of City of Greater Sudbury in April 2016, KNOW amalgamating their municipalities, but our review determined that it did not the meeting was illegal, as it did constitute an illegal meeting because not fit within any of the exceptions council members did not discuss in the Act, despite the desire of council business with each other or lay both councils to keep their early the groundwork for council decisions; discussions confidential. The councils rather, councillors used the opportunity Our OMLET reports are in the also failed to comply with several to direct their comments about process of being published on CanLII, the free online database procedural rules in their respective community needs and opportunities to of case law and legal documents by-laws. the Prime Minister. created by the Canadian Legal Information Institute. All can still be found on our website.

I take [Ombudsman Dubé’s] findings very seriously. There’s no question that “– when there is a complaint and it is upheld – we have to sharpen up. We need to do better and we shall. We will learn from this. I take to heart what our Ombudsman says. It’s just about tightening our procedures up a bit. Norfolk County Mayor Charlie Luke, quoted in Simcoe Reformer, May 27, 2016 ”

44 2015 2016 ANNUAL REPORT Page 98 of 124 the Legislature due to the partial producers of aggregates (gravel, sand, privatization measures enacted in the clay, earth, stone, or a combination province’s spring 2015 budget. We thereof), which vary in certain areas of received 632 complaints about Hydro the province. The Ministry completed One in fiscal 2015-2016. We could not consultations on this matter last year take new complaints after the budget and filed regulatory changes effective was passed on June 4, 2015, but were January 1, 2016 that resolved the able to resolve all outstanding ones inequity that prompted the original within the next six months. Hydro One complaint. now has its own internal ombudsman office, which opened in March 2016. Investigations However, shortly after losing oversight ENERGY & of Hydro One, our Office gained Systemic investigation: Hydro oversight of most municipal energy One billing and customer service companies and utilities – as part of ENVIRONMENT the expansion of the Ombudsman’s Report: In the Dark, released mandate to all municipalities as May 2015 of January 1, 2016. Summaries of Investigation update: Overview and trends these cases can be found in the This investigation “Municipalities” section of this report. involved the in cases We also received complaints about highest number of complaints about a Our complaint total in this area has several of the ministries and programs single organization in changed dramatically in the past year, as related to environment, resources and our Office’s history the Ombudsman no longer has oversight climate change issues. – 10,565 – and of the province’s utility company, Hydro extraordinary efforts to triage these One – which accounted for 3,499 cases Ministry of Natural complaints, both within our Office and in 2014-2015 and 6,966 the previous Resources and Forestry – on the part of Hydro One. year (these complaints prompted our aggregate licensing systemic investigation into billing and Of the 66 recommendations in the customer service issues at Hydro One, For the past few years, our Office has report, 65 were aimed at Hydro One and our 2015 report, In the Dark). monitored the response by the Ministry to improve its billing and customer of Natural Resources and Forestry to service processes in the wake of the Hydro One was removed from the our formal investigation of a complaint implementation of a new billing system scrutiny of the Ombudsman, Auditor of unfairness in its licensing policies for in 2013. These included better training General and all other officers of

TOP 5 CASE TOPICS 3 4 64 Ministry of Natural 2 Resources and 1 78 Forestry 632 Ministry of the 74 Hydro One Environment and Ontario Energy (no longer in our jurisdiction) Climate Change 14 Board 5 Independent Electricity System Operator

OFFICE OF THE OMBUDSMAN OF ONTARIO 45 Page 99 of 124 I am so thankful to you for the continual push and reminder to the “government of … their duty to support the most vulnerable of society. I hope you don’t mind me telling all my friends about the good work your office is doing. Email to Ombudsman staff from complainant ” and monitoring, more transparent communication with customers and a transformation of corporate culture. All Good to were accepted by Hydro One. KNOW In November 2015, six months after our report was issued, Hydro One reported back to us, as promised, that it had “fully addressed” all our recommendations, and that it had restored “customer Hydro One is no longer in our satisfaction” to 85%. Among other jurisdiction, but: things, it set targets for billing accuracy • It now has an internal ombudsman and timeliness, improved its complaint • We now oversee most municipal resolution system, established an utilities independent audit committee, and pledged to report publicly on its the Ombudsman’s independent scrutiny performance measurement metrics. (We of Hydro One. This was not accepted, were not able to independently verify but the company did establish its own these claims or assess their impact, internal ombudsman, and we now refer since our jurisdiction over Hydro One Hydro One complaints to that office. ended on June 4, 2015.) In June 2016, our Office also provided One recommendation was made to the an investigative training session for the government of Ontario – that it maintain Hydro One Ombudsman and staff.

In November 2015, six months after our report was issued, Hydro “One reported back to us, as promised, that it had “fully addressed” all our recommendations, and that it had restored “customer satisfaction” to 85%. ”

46 2015 2016 ANNUAL REPORT Page 100 of 124 compensation claims, such as delays allowance to compensate for damage and problems with communication caused to their clothing by the braces. or other customer service concerns, In 2014, several workers successfully or disputes about whether someone appealed the 1996-2006 limit on their is entitled to compensation, and clothing allowance to the WSIAT. how much. Our Office has helped However, the WSIAT decision did not individuals with these issues through apply beyond the individuals who had informal intervention with WSIB appealed; other workers who used officials. braces during that time were forced to In addition to these types of cases, we engage in their own lengthy appeals. received an influx of complaints related Our Office raised this matter with the to the specific issue of how the WSIB WSIB and pointed out that it was unfair. deals with medical advice. We have EMPLOYMENT As a result, the WSIB agreed to create also received an increasing number an expedited review process for of complaints about the Workplace workers who believed they were not Safety and Insurance Appeals Tribunal fully compensated for clothing damage Overview and trends (WSIAT) – 128 this past fiscal year, up from 99 in fiscal 2014-2015 and from 1996-2006. At the time this report in cases 95 the previous year. Many of these was finalized, the WSIB was reviewing complaints involve significant delays. strategies for notifying workers of this Our office oversees the Ministry of new process. We continue to monitor the Labour and its various programs, The Special Ombudsman Response situation. agencies and tribunals, including Team was assigned to assess both of Ontario Labour Relations Board, the these issues to determine whether a Employment Practices Branch, and the systemic investigation is warranted. Investigations Workplace Safety and Insurance Board (WSIB), which is consistently a top Clothing allowance for Systemic issue assessment: source of complaints to our office. injured workers using back Medical advice to WSIB In 2015-2016, we received 594 braces Launched: November 2015 complaints about the WSIB; more than Another issue we reviewed related In November 2015, the Ontario the 481 we received the previous year, to a WSIB decision to provide only a Federation of Labour (OFL) released a but consistent with the previous three partial clothing allowance to workers report entitled Prescription Over-Ruled, years (552 in 2013-2014; 609 in 2012- who used soft back braces between asserting the WSIB was not dealing 2013; 582 in 2011-2012). 1996 and 2006. Before and after this fairly with injured workers’ medical Complaints about the WSIB generally period, injured workers wearing such information. The report alleged the involve issues with individual braces have qualified for a full clothing Board was:

TOP CASE TOPICS WSIB CASES IN RECENT YEARS 594 582 552 Workplace Safety and 2011-2012 2013-2014 Insurance Board 609 Workplace Safety and 481 Insurance Appeals 2012-2013 128 Tribunal 2014-2015

OFFICE OF THE OMBUDSMAN OF ONTARIO 47 Page 101 of 124 • Failing to heed medical advice on well as to complainants and health care recent years, a notable trend has been injured workers’ readiness to return professionals involved in the treatment complaints about inordinate delays. to work and not allowing sufficient of WSIB claimants. The Ombudsman Special Ombudsman Response Team treatment; has met a number of times with investigators have assessed various • Blaming pre-existing conditions for the President and Chief Executive factors that may have contributed to ongoing illness, and/or Officer of the WSIB, as well as senior this, including service changes made representatives of the OFL and other by WSIB, resources for the WSIAT and • Using independent medical reviews groups representing injured workers. the appointment process for its vice- which proclaim injured workers to be chairs. The WSIAT’s normal workload of healed, despite the evidence of their The WSIB undertook a review of its use approximately 4,000 active appeals has treating practitioners. of third-party medical consultants and grown to more than 9,000, leaving some reported in June 2016 that it concluded The report made several appellants waiting for more than two there has been no systemic disregard recommendations to the WSIB years for their appeal to be heard – and for the opinions of workers’ medical and government, including that the often facing further delays in obtaining a professionals. The OFL vehemently Ombudsman undertake a systemic decision thereafter. disagreed with this position. Our Office investigation to determine the extent of At the time this report was finalized, this the problem. We also received a similar followed up with both parties and other assessment was ongoing. request from a Member of Provincial stakeholders. At the time this report Parliament, asking the Ombudsman to was finalized, the WSIB and OFL were look into the matter. discussing potential solutions and our assessment was ongoing. Case summaries The Special Ombudsman Response Team was assigned to conduct an Systemic issue assessment: Unfinished business assessment to determine whether WSIAT backlog of appeals A man complained to our Office about or not a systemic investigation was the WSIB after he had not received an warranted. In late January 2016, the OFL Launched: April 2015 update on his compensation application also submitted additional information to An independent agency of the for almost a year. When we contacted our Office to support its request for a Ministry of Labour, the WSIAT is an WSIB officials, they acknowledged that systemic investigation. administrative tribunal that serves as the a decision letter prepared for the man Our investigators spoke with last avenue of appeal for injured workers eight months earlier had never been stakeholders, including the WSIB, the seeking financial compensation for a finalized. As a result of our inquiries, the Fair Practices Commission (which is condition that arose from a workplace WSIB issued the letter, and the worker the WSIB’s internal ombudsman), and injury. As complaints to our Office was able to appeal its decision. the Office of the Worker Advisor, as about the WSIAT have increased in

In 2015-2016, we received 593 complaints about the WSIB; “more than the 481 we received the previous year, but consistent with the previous three years. ”

48 2015 2016 ANNUAL REPORT Page 102 of 124 In fiscal 2015-2016, we received515 Drug programs complaints about hospitals and 68 Most of the 68 complaints we received about long-term care homes, which we about the province’s drug programs also referred accordingly. involved decisions to deny funding for As of July 1, 2016, Ontario’s first a drug, or customer service issues. Our Patient Ombudsman office is now staff were able to resolve many cases operational, established under the by working with patients, physicians and Public Sector and MPP Accountability Ministry officials. and Transparency Act, 2014. Patient For example, we found a physician’s Ombudsman Christine Elliott oversees request to fund a gel form of estrogen for hospitals and long-term care homes, a patient transitioning from male to female as well as Community Care Access was denied based on research data from HEALTH Centres (CCACs), and will report on 1998. After we facilitated communication them within the Ministry of Health between the physician and the Ministry, and Long-Term Care, through Health the patient received temporary funding for Quality Ontario. As our Office oversees the drug, pending the Ministry’s further Overview and trends the Ministry, we also oversee the research on the matter. Patient Ombudsman. in cases In some of the 25 complaints we We received 670 complaints about reviewed involving the Exceptional Our Office has always had oversight Ministry of Health and Long-Term Access Program, we raised concerns of the Ministry of Health and Long- about whether it is truly addressing Term Care, but this has never included Care organizations and programs exceptional cases, where patients’ hospitals and long-term care homes, within our jurisdiction in 2015-2016, circumstances may not satisfy its rigid despite successive ombudsmen having with the most common topics being eligibility criteria. The Ministry is actively argued for the need for independent CCACs (159 cases), the Ontario Health reviewing its practices for people in scrutiny of these institutions since 1975. Insurance Plan (144) and various special circumstances. Still, we have consistently received drug funding programs. We also hundreds of complaints every year about received 28 complaints about Local We also received 18 complaints about hospitals and long-term care homes Health Integration Networks. With the the Ontario Drug Benefit Program, half of (3,757 between 2005 and 2015), and we exception of CCACs, these bodies all which were from seniors upset about the have done our best to refer those people remain within our Office’s jurisdiction. increase in deductibles for some income to help. brackets.

TOP 5 CASE TOPICS 159 4 68 2 Community Care Drug programs 1 Access Centres 515 (no longer in our jurisdiction) 5 Hospitals 68 (outside our jurisdiction) Ontario Health Long-term care homes Insurance Plan 3 144 (outside our jurisdiction)

OFFICE OF THE OMBUDSMAN OF ONTARIO 49 Page 103 of 124 The government took immediate (private firms whose vehicles may Investigations action to expand the number of resemble ambulances, but are used Systemic investigation: genetic screening tests. As of last year, for transporting non-urgent patients Newborn Screening Ontario (NSO), between appointments or facilities) Screening of newborn babies based at the Children’s Hospital of were shared with the ministries of Report: The Right to be Impatient, Eastern Ontario in Ottawa, was co- Transportation and Health and Long- released September 2005 ordinating testing for 29 disorders. Term Care in May 2011. Investigation We continue to follow up on Responding to revelations of poorly update: Our 2005 the program, and conducted a maintained vehicles, untrained staff, investigation comprehensive review of NSO policies and lack of appropriate equipment revealed serious and processes in the wake of news and infection control, the respective problems with the reports in April 2015 about delays in ministers announced that legislation Ministry of Health the transportation of blood samples would be introduced to regulate non- placing babies at risk – particularly over emergency transportation services. and Long-Term holiday weekends. With the matter apparently resolved, no Care’s administration formal report was tabled. of the program that screens babies We made informal inquiries with the – through a blood test at birth – for Ministry and the NSO and received More than five years later, the Highway genetic disorders in order to prevent excellent co-operation from both. We Traffic Act has been amended so that or treat serious health problems. were told the NSO had developed what are now known as “stretcher The program was then screening for an audit tool to track blood sample transportation services” will fall under only 2 disorders, even though most transportation times. In October 2015, the commercial vehicle operator’s jurisdictions in the world were testing it established testing on Saturdays in registration system. The Ministry for dozens more. An estimated 50 cases where an initial test indicates the of Transportation has advised our newborns per year were dying or baby might have an aggressive genetic Office that regulations for specific disease. Screening time for newborn safety measures are still in progress. becoming severely disabled from blood samples meeting specific criteria It anticipates conducting stakeholder conditions that could be detected by will be improved by 48 hours. consultations in 2016-2017, with the first screening. phase of regulation to be implemented In March 2016, the Ministry advised no earlier than 2018. us it had approved funding to provide extended NSO lab operations and Our Office continues to monitor courier services on weekends. The progress on this matter, and the NSO will have full Saturday operations, Ombudsman has the option to reopen plus testing on Sundays in cases the investigation and/or issue a formal Good to potentially involving an aggressive report. KNOW genetic disease. The Ministry also approved funding for the screening of chronic congenital heart disease, Case summaries allowing Ontario to now screen for 30 disorders. Timely medicine Although hospitals and long-term Systemic investigation: Non- A mother whose son has a care homes remain outside of our emergency medical transfer developmental disability and is medically fragile complained that her son’s jurisdiction, as of July 1, 2016, services there is now a Patient Ombudsman medication costs were no longer being who oversees these bodies – as Completed May 2011 – no report covered since he had been placed in well as Community Care Access issued a group home funded by the Ministry Centres – within the Ministry of of Community and Social Services. Investigation update: Preliminary Health and Long-Term Care. Her son’s physician’s application to findings from our investigation into the Exceptional Access Program in the non-emergency transportation services

50 2015 2016 ANNUAL REPORT Page 104 of 124 Ministry of Health and Long-Term Care Retroactive relief from seizures and requires frequent was initially denied. Our staff facilitated medical attention. After our staff spoke After the Trillium Drug Program denied communication between the ministries, with Ministry officials, they agreed to a woman drug benefits that she had prompting the drug program officials extend the man’s temporary health card previously received, our staff raised to contact the physician directly and do for another year. the case with a senior analyst at the more research; as a result, funding for Ministry, who found the information she the medication was approved. had submitted about her private insurer’s Welcome home drug coverage had been inconsistent. A senior contacted our Office after Finding compassion The analyst worked with the insurer and restrictions were placed on his visits A woman complained to our Office her pharmacy and reviewed her file back with his wife at her long-term care on behalf of her 34-year-old daughter, to 2012. She was reimbursed $1,200 home, after he raised concerns with a nurse about his wife’s care. Although who requires a specially-made drug at and steps were taken to have her future drug costs covered. we do not have direct jurisdiction over a cost of $200 per month. The drug is long-term care homes, Ombudsman not covered by the Ontario Drug Benefit staff made inquiries with a manager Program and her cardiologist’s request Fire protection at a regional office of the Ministry’s under the Exceptional Access Program A man whose home and important Performance Improvement and was denied. After our Office intervened, documents were destroyed by fire Compliance Branch, which sparked a Ministry officials advised that the complained that he was having trouble surprise inspection at the home. The renewing his Ontario health card. He drug could be funded through its home agreed to review the man’s visit had been given a temporary card, but it Compassionate Review Policy process, restriction and made changes to the care was due to expire soon, and he needed and the application was approved. his wife was receiving. a quick resolution because he suffers

Thank you for all the help that you have provided to me. Not only did you “get things moving in the right direction, you made me feel that you really cared about my case and the circumstances. You are not only very good at your job, you are just lovely to deal with. I have never dealt with someone from the government (please, no disrespect intended) as personable, caring, and efficient as you. Email to Ombudsman staff from complainant ”

OFFICE OF THE OMBUDSMAN OF ONTARIO 51 Page 105 of 124 the Greater Toronto and Hamilton area; man’s suspension notice to his street we received a total of 18 complaints address, which has no mail delivery, about these agencies. instead of his mailing address, which was on his file. The notice had been Driver Licensing – Medical returned, undelivered, but the Medical Review Section Review Section was not aware of this, as it does not track returned mail. We received a significant number of complaints (242) about the Ombudsman staff raised concerns Ministry’s Medical Review Section, about the potential impact of such which is responsible for suspending notices being returned undelivered, drivers who are medically unfit to unbeknownst to either the drivers drive. These complaints commonly or the Ministry. We are monitoring TRANSPORTATION involve bureaucratic delays and the Ministry’s response to the issue, communication problems related to which so far has been proactive and drivers seeking to have their licences co-operative. reinstated. Overview and trends Communication issues We meet regularly with senior Ministry in cases officials about the steps it has initiated Inquiries by our staff also helped prompt the Ministry to improve and We received 582 complaints about to improve the overall efficiency of the clarify its public communications. For the Ministry of Transportation in fiscal Medical Review Section. In particular, example, drivers whose vehicle licence 2015-2016. As in previous years, the the Assistant Deputy Minister has plates have a manufacturing defect most common complaints were about taken a proacrtive, hands-on approach that causes them to peel and bubble customer service issues relating to to the issues raised, with encouraging can have them replaced free of charge driver licensing, as well as disputes over results. through ServiceOntario. But when driver licence suspensions, fines and Correspondence issues one driver discovered he had to pay fees. Our Office meets regularly with a $40 replacement fee for his plate Ministry officials to discuss and resolve While reviewing the complaint of a because it was more than five years individual and potential systemic issues. driver who had not received notice of his licence suspension, we old, he complained to us that this time In addition to driver licensing and vehicle discovered a serious concern about limit had never been communicated to registration, the Ministry also oversees how the Ministry’s Medical Review the public. We pointed this out to the GO Transit and Metrolinx, the provincial Section tracks correspondence. The Ministry, and ServiceOntario changed agency mandated to manage and Ministry had mistakenly sent the its website to clarify that it will cover integrate the transportation network in