Council Agenda Package

The Corporation of the Town of Ajax COUNCIL

Monday December 14, 2020 Immediately following the GGC Meeting Electronic Meeting 65 Harwood Avenue South Confirmed by: ______AGENDA

Alternative formats available upon request by contacting: [email protected] or 905-619-2529 ext. 3347

Electronic Meeting: Due to the COVID-19 emergency and requirements for physical distancing, in-person attendance is not permitted at this meeting of Council. This meeting will be live streamed for viewing at www.ajax.ca/live. Electronic participation is permitted pursuant to Council's Procedure By-law. Questions regarding items on the meeting agenda may be submitted for Council’s consideration no later than 12pm on December 14th, 2020, by e-mail to [email protected].

Online Agenda Anything in blue denotes an attachment/link. By clicking the links on the agenda page, you can jump directly to that section of the agenda.

1. Call To Order & Acknowledgement

2. Disclosure of Pecuniary Interest

3. Adoption of Minutes

3.1 Regular Meeting November 16, 2020 ...... 3

3.2 Closed Session November 16, 2020 ...... circulated separately

3.3 Special Meeting November 18, 2020 ...... 16

3.4 Closed Session November 18, 2020 ...... circulated separately

3.5 Special Meeting November 24, 2020 ...... 18

3.6 Closed Session November 24, 2020 ...... circulated separately

3.7 Special Meeting December 7, 2020 ...... 20

4. Question Period

5. Delegation and Presentations / Public Hearings 6. Correspondence...... 22

7. Reports

7.1 Community Affairs & Planning Committee Report None

7.2 General Government Committee Report December 14, 2020 (ratify actions)

7.3 Summary of Advisory Committee Activities None

7.4 Departmental Reports None

8. Regional Councillors’ Report

9. Business Arising From Notice of Motion

9.1 Limiting Food Delivery Fees – Councillor Tyler Morin / Regional Councillor Lee ...... 106

10. By-Laws

54-2020 2021 Interim Tax By-law ...... 108 55-2020 Community Improvement Plan / Development Charges By-law ...... 110 56-2020 Contribution Rebate Program ...... 114 57-2020 Subdivision Assumption: Medallion Castlefields Phase 2 ...... 116 58-2020 Subdivision Assumption: Medallion Castlefields Phase 4 ...... 118 59-2020 Subdivision Assumption: Medallion Castlefields Phase 5 ...... 120 60-2020 Execution of an Agreement of Purchase and Sale with 2613628 Ontario Ltd. (105 Rossland Rd. Parcels) ...... 122 61-2020 Appointment of Chief Building Official - S McReelis ...... 128

11. Notice of Motion

12. New Business, Notices and Announcements

13. Confirming By-Law 62-2020 ...... 129

14. Adjournment DRAFT MINUTES – SUBJECT TO APPROVAL Minutes of the Meeting of the Council of the Corporation of the Town of Ajax Held Electronically on Monday, November 16, 2020 at 6:00 p.m.

Alternative formats available upon request by contacting: [email protected] or 905-619-2529 ext. 3347

Present: Mayor S. Collier Regional Councillors M. Crawford S. Lee J. Dies Councillors R. Tyler Morin A. Khan L. Bower

1. Call to Order

Mayor Collier gave a short introduction regarding the electronic Council meeting format and noted that the meeting was being live streamed on the Town’s website.

Mayor Collier called the meeting to order at 6:04 p.m. and acknowledged traditional treaty lands.

2. Disclosure of Pecuniary Interest

There were no disclosures of pecuniary interest.

3. Closed Session (6:05 p.m.)

Authority to Hold a Closed Meeting and Related In-Camera Session

Moved by: J. Dies Seconded by: R. Tyler Morin

That Council convene to a Closed Session pursuant to Section 239 (2)(e) of the Municipal Act, 2001, as amended, to discuss matters pertaining to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. CARRIED

3.1 LeMine Update

3.2 Further Modifications to Ontario Municipal Board Minutes of Settlement for Beechridge Farms Inc. – OMB Case No. PL050180

3 Town of Ajax Council Meeting – November 16, 2020

Open Meeting (6:50 p.m.)

Ratify Actions Taken In Closed Session

Ratify Directions from Closed Session

Moved by: A. Khan Seconded by: M. Crawford

That all directions approved in the Closed Session be ratified. CARRIED

4. Adoption of the Minutes

Moved by: R. Tyler Morin Seconded by: L. Bower

That the following Minutes of previous Council meetings be adopted:

 Regular Meeting of October 19, 2020;  Closed Session Meeting of October 19, 2020;  Special Meeting of October 22, 2020;  Closed Session Meeting of October 22, 2020; and  Special Meeting of November 9, 2020. CARRIED

5. Question Period

Mayor Collier noted that members of the public were advised they could submit questions regarding the agenda to the Town Clerk up until noon on the day of the meeting. Alexander Harras, Acting Director of Legislative & Information Services/Clerk, noted that 83 items of correspondence had been received regarding item 10.2 on the meeting agenda.

Motion to Suspend the Rules of Procedure

Moved by: M. Crawford Seconded by: J. Dies

That the rules of procedure be suspended to allow for an unscheduled delegation from Kevin Nesbitt, Ajax resident, regarding the motion to re-name Langsdorff Drive. CARRIED on 2/3rds

6. Delegation and Petitions/Public Hearings

6.1 Transgender Day of Remembrance

In the absence of presenter Jake Farr, PFLAG Canada Durham, the proclamation certificate will be forwarded to the organization.

4 Town of Ajax Council Meeting – November 16, 2020

6.3 Langsdorff Drive – Ajax must not honour Nazi’s with street names

Adam Wiseman, Ajax resident, shared information on the history of Captain Langsdorff and his research regarding Langsdorff’s support for the Nazi war machine and participation in the German Navy.

Members of Council asked questions regarding the sources of information included within his presentation and an online petition circulating on the matter. Council thanked Mr. Wiseman for his presentation and video.

6.2 Langsdorff Drive – thoughts from the Durham Region Rabbi

Rabbi Tzali Borenstein, Chabad Jewish Centre of Durham Region, discussed the proposed street renaming in the context of being a teachable moment in history regarding discrimination and respect. He discussed the residual impact and trauma of the Holocaust and anti-Semitism on Durham Region residents.

Members of Council thanked Rabbi Borenstein for his delegation.

6.4 Motion to rename Langsdorff Drive

Max Eisen, Holocaust Survivor, shared his experience as an educator and Holocaust survivor. He discussed his personal experience surviving Auschwitz and the symbolic importance of renaming Langsdorff Drive.

Members of Council thanked Mr. Eisen for his delegation.

6.5 Renaming of Langsdorff Drive

Steve Parish, Ajax resident, provided an overview of the naval history of Hans Langsdorff including his participation in the Battle of the River Plate. He discussed the position that Hans Langsdorff was an officer of the German Navy and not a Nazi. He provided background context on the previous Council’s decision regarding the street naming and noted consultation on the matter with the HMS Ajax River Plate Veterans Association and Royal Canadian Legion Branch 322. He urged Council to uphold the street naming of Langsdorff Drive.

Members of Council asked questions regarding Mr. Parish’s research of Hans Langsdorff, and the presence of a diversity committee or staff representative overseeing the diversity portfolio at the time the decision was made. Mr. Parish responded to questions from Council.

Members of Council thanked Mr. Parish for his delegation and congratulated him on his recent Municipal Leadership award from the Greenbelt Foundation.

6.7 Renaming of Langsdorff Drive

Malcolm Collis, HMS Ajax River Plate Veterans Association Archivist, discussed his participation in the 80th Anniversary events and recognition of the Battle of the River Plate, the act of reconciliation, and positive relationships established between the HMS Ajax River Plate Veterans Association, the German naval association, and the family of Captain Langsdorff.

5 Town of Ajax Council Meeting – November 16, 2020

Members of Council asked questions about the effects of the street renaming on the relationship between the Town and the HMS Ajax River Plate Veterans Association. Mr. Collis responded to questions from Council members.

Members of Council thanked Mr. Collis for his delegation.

6.6 Renaming of Langsdorff Drive

Patricia Milne, President, Royal Canadian Legion Branch 322, discussed the position that the street name should not be changed. She introduced Jim Devlin, Ajax resident, who shared his perspective as a veteran on revisionist history and his position that the street should not be renamed.

Members of Council asked Mr. Devlin questions regarding the oath taken as part of his military service and his position on the Town’s street naming policy. Mr. Devlin responded to questions from Council Members.

Members of Council thanked Ms. Milne and Mr. Devlin for their delegation.

Additional Delegation

Kevin Nesbitt, Ajax resident, presented information on his research regarding the indirect, direct and tangential involvement of Hans Langsdorff in Nazism, pertaining to his role as a military naval officer and not a Nazi.

Council thanked Mr. Nesbitt for his delegation.

6.8 Ajax Public Library Board Report

Noel Green, Library Board Chair, and Sarah Vaisler, Chief Librarian & Executive Officer, Ajax Public Library, presented a 2020 update to Council from the Ajax Public Library Board. N. Green shared a service overview including details about locations, hours, card holders and use. Information on building resilience throughout the pandemic was discussed in the context of educational support, economic support, social aid, and community resiliency programs. Information was presented on the Ajax Public Library’s commitment to anti-black racism and winners of the 2021 Bookmark contest.

Members of Council commended the Ajax Public Library for its work in serving, engaging, and responding to the needs of the Ajax community. Members of Council asked questions about the Older Adults Advisory Committee, when late fees may be reintroduced, and loan of internet hotspots. S. Vaisler provided information on committee recruitment.

Members of Council thanked Mr. Green for his presentation.

6.9 2020 Accessibility Advisory Committee Report

Julia Stevenson, 2020 Accessibility Advisory Committee Chair, presented a summary report of the activities of the Accessibility Advisory Committee for 2020. She discussed the role of the Committee and impacts of the COVID-19 pandemic on accessibility and the need to pivot the work of the committee to adapt to the current environment. She reviewed activities and consultation opportunities for the year including online recognition of National Access Ability Week and Guide Dog Awareness Month, and partnership with the Brain Injury Association of Durham Region on an Unmasking Brain Injury art exhibit.

6 Town of Ajax Council Meeting – November 16, 2020

Future initiatives for 2021 were reviewed. J. Stevenson thanked Council and staff for their continued support.

Council Members thanked J. Stevenson for her presentation and commended the Accessibility Advisory Committee for adapting during the pandemic to continue championing accessibility.

6.10 2020 Heritage Advisory Committee Report

Camille Graham, 2020 Heritage Advisory Committee Chair, presented a summary of the activities of the Heritage Advisory Committee for 2020. She discussed the purpose and mandate of the Committee, public outreach and education, heritage properties, Ajax Archives, planning applications reviewed by the Committee, celebration and recognition events, as well as events and activities postponed in 2020.

Council Members asked questions regarding the Committee’s opportunity to discuss the renaming of Langsdorff Drive. Michael Sawchuck, Senior Planner, provided a summary of informal feedback from the committee, noting that the committee had not formally reviewed the matter to date. Council members thanked C. Graham for her presentation and all members of the Committee for their contribution to preserving the history and heritage of Ajax.

6.11 Elexicon Update

Patrick McNeil, Chair of the Board of Directors, Lesley Gallinger, President & CEO of Elexicon Energy, and Karen Fisher, Interim President & CEO of Elexicon Group and Chair of the Board of Directors, delivered an update on the first year of Elexicon’s operations after the merger in April of 2019. P. McNeil introduced the presentation and provided background information on Elexicon Corporation. L. Gallinger discussed merger objectives, COVID-19 response and implications, financial sustainability, Elexicon Energy Community Report, and 2020-2021 outlook. K. Fisher discussed merger objectives, COVID-19 update, post-merger accomplishments, shareholder activities, and 2020-2021 outlook.

Members of Council asked questions about regional broadband access, the CircuitMeter program, the tiered-rate and time-of-use rate application process, and timelines for the suspension of disconnections. P. McNeil and L. Gallinger responded to questions from Council.

On behalf of Council, Mayor Collier thanked the presenters for their presentation.

6.12 Durham-Scarborough Bus Rapid Transit Project Update

David Hopper, Senior Transit Engineer, Mathieu Goetzke, Vice President of Planning, and Kristin Demassi, Senior Planning Officer, Metrolinx, delivered a presentation on the Durham-Scarborough Bus Rapid Transit Project. They discussed the project scope and rationale, 2031 Frequent Rapid Transit Network, study area, project benefits, stakeholder feedback, preferred preliminary design, Town of Ajax cultural heritage, Pickering Village changes in traffic patterns, transit travel time reliability, and cycling infrastructure. They reviewed the project schedule and overall timeline, consultation to date, proposed BRT Stop Locations, technical study updates, BRT stop design, Public Information Centre #3, and project next steps.

7 Town of Ajax Council Meeting – November 16, 2020

Council Members asked questions regarding stakeholder advisory group composition, construction span of the project, outreach to the Ajax-Pickering Board of Trade and Pickering Village BIA, location of bus stops, bike lanes, heritage property impacts, public consultation opportunities, design, and public education.

Mayor Collier vacated the Chair. Deputy Mayor Dies assumed the Chair.

Moved by: M. Crawford Seconded by: S. Collier

That the Town reaffirms its commitment to the BRT Durham-Scarborough Bus Rapid Transit project to ensure transit reliability and capacity between Downtown Oshawa and Scarborough Centre;

That the Town is seeking additional technical information on the preferred design for Pickering Village corridor as the area is not designed to handle high volumes of traffic unlike the majority of Kingston Road, and to ensure that this project does not divert traffic onto local roads in an already congested area;

That in addition to the static online PIC#3, Metrolinx holds technical briefings in each of the five pinch point areas (Oshawa, Whitby, Ajax, Pickering and Scarborough) to provide residents and businesses an opportunity to provide direct feedback and ask questions as each area will be impacted differently;

That Metrolinx CEO Phil Vester provides an update in writing regarding the above requests to Ajax Council through Mayor Collier prior to the end of 2020; and

That this motion be sent Metrolinx, the Region of Durham, Durham Municipalities, MPP Phillips and MP Holland. CARRIED

Mayor Collier resumed the Chair.

6.13 OPG’s Centre for Canadian Nuclear Sustainability

Sabrina Nestor, Manager, Nuclear Decommissioning Strategy & Centre for Canadian Nuclear Sustainability, Ontario Power Generation, delivered a presentation on Ontario Power Generation’s Centre for Canadian Nuclear Sustainability. S. Nestor discussed the Centre’s mandate, foundation pillars, collaborations and partnerships, bringing industry and innovation to the Region, as well as recent activities and initiatives.

On behalf of Council, Mayor Collier thanked Ms. Nestor for her presentation.

Council recessed at 10:16 p.m.

The meeting resumed at 10:29 p.m.

7. Correspondence

Members separated correspondence Items 7.1, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, and 7.10 for

8 Town of Ajax Council Meeting – November 16, 2020 discussion.

Moved by: M. Crawford Seconded by: L. Bower

That the balance of the report dated November 16, 2020 containing Items of Correspondence be received for information. CARRIED

Item 7.1

Members discussed the Town of Ajax list of Proclamations Issued by the Mayor’s Office and noted that a proclamation had been issued for Hindu Heritage Month.

Moved by: S. Collier Seconded by: A. Khan

That Recognition of Hindu Heritage Month be added to the Town of Ajax list of Proclamations Issued by the Mayor’s Office. CARRIED

Item 7.3

Members discussed the motion received from the City of Pickering regarding support of ambulatory services at Ajax Pickering Hospital.

Moved by: S. Collier Seconded by: R. Tyler Morin

That Item 3 of the Correspondence Report “City of Pickering: Support of Ambulatory Services at Ajax Pickering Hospital” be received for information. CARRIED

Item 7.4

Members discussed the motion received from the Region of Durham regarding delegation of authority for enforcement of local sign by-laws on regional roads.

Moved by: S. Collier Seconded by: R. Tyler Morin

That Item 4 of the Correspondence Report “Region of Durham: Delegation of Authority for Enforcement of Local Sign By-laws on Regional Roads” be received for information. CARRIED

Item 7.5

Members discussed the motion received from the Toronto and Region Conservation Authority (TRCA) regarding the Durham Live Wetland Compensation Request.

Moved by: J. Dies Seconded by: S. Lee

9 Town of Ajax Council Meeting – November 16, 2020

That Item 5 of the Correspondence Report “Toronto and Region Conservation Authority (TRCA): Durham Live Wetland Compensation Request” be received for information. CARRIED

Item 7.6

Members discussed the motion received from Loyalist Township regarding funding for community groups and service clubs affected by the pandemic.

Moved by: S .Collier Seconded by: A. Khan

That Item 6 of the Correspondence Report “Loyalist Township: Funding for community groups and service clubs affected by the pandemic” be endorsed. CARRIED

Item 7.7

Members discussed the motion received from Environmental Defence & Other Concerned Organizations regarding the Lower Duffins Creek Wetland Complex MZO.

Moved by: J. Dies Seconded by: S. Lee

That Item 7 of the Correspondence Report “Environmental Defence & Other Concerned Organizations: Lower Duffins Creek Wetland Complex MZO” be endorsed. CARRIED

Item 7.8

Members discussed the motion received from the County of Prince Edward regarding proposed Changes to the Municipal Elections Act.

Moved by: S. Lee Seconded by: M. Crawford

That Item 8 of the Correspondence Report “County of Prince Edward: Proposed Changes to the Municipal Elections Act” be endorsed. CARRIED

Item 7.10

Members discussed the motion received from City of Hamilton regarding amending AGCO Process to Consider Radial Separation from Other Cannabis Locations. Geoff Romanowski, Director of Planning & Development Services, responded to questions from Members of Council.

Moved by: L. Bower Seconded by: M. Crawford

That the Item 10 of the Correspondence Report “City of Hamilton: Amending AGCO Process to Consider Radial Separation from Other Cannabis Locations” be referred to staff for review.

10 Town of Ajax Council Meeting – November 16, 2020

CARRIED

8. Reports

8.1 Community Affairs & Planning Committee Report

None.

8.2 General Government Committee Report

Moved by: R. Tyler Morin Seconded by: A. Khan

That the General Government Committee Report dated November 9, 2020, be adopted. CARRIED

8.3 Summary of Advisory Committee Activities

Moved by: J. Dies Seconded by: A. Khan

That the Summary of Advisory Committee Activities Report dated November 16, 2020, as attached to the meeting agenda be received for information, and that the recommendations contained therein be referred to staff where applicable. CARRIED

8.4 Departmental Reports

8.4.1 Appointment of External Auditors

Members of Council asked questions regarding rotation of the lead auditor for the firm. Dianne Valentim, Director of Finance/Treasurer, responded to questions from Council Members.

Moved by: M. Crawford Seconded by: L. Bower

1. That Council award the contract for External Audit Services, to Deloitte LLP in the estimated amount of $59,664.00 (inclusive of all taxes), for a period of one year. 2. That Council authorize Staff to renew the contract for an additional four, one year periods, pending an analysis and satisfactory performance review at the anniversary date of the contract, in the estimated amount of $249,379.70 (inclusive of all taxes).

3. That council approve the by-law appointing Deloitte LLP as auditors for the Town of Ajax and its local boards for the fiscal years 2020 to 2024.

CARRIED

11 Town of Ajax Council Meeting – November 16, 2020

8.4.2 2020 Year End Projection and COVID-related Financial Impact

Members of Council asked questions regarding the Town being the only lower-tier municipality in Durham applying for Phase 2 funding. D. Valentim responded to questions from Council Members.

Moved by: M. Crawford Seconded by: S. Lee

1. That the Report on the 2020 Year End Projection and COVID-related Financial Impact be received for information; and

2. That a copy of this Report, including details of the Town’s grant submission for Phase 2 of the Safe Restart Funding, be shared with MP Holland and MPP Phillips for their information. CARRIED

8.4.3 Ajax Public Library Report to Council

Moved by: S. Lee Seconded by: L. Bower

That the Ajax Public Library Report to Council be received for information. CARRIED

9. Regional Councillors’ Report

Regional Councillors provided an update regarding the recent Regional Council Meeting.

Moved by: M. Crawford Seconded by: S. Lee

That the Regional Councillors’ Report of November 16, 2020 be received for information. CARRIED

10. Business Arising from Notice of Motion

10.1 Anti-Racism & Diversity Training Plan for Ajax Council

Mayor Collier vacated the Chair. Deputy Mayor Dies assumed the Chair.

Mayor Collier and Regional Councillor Crawford introduced the motion and reviewed its contents. Mayor Collier and Regional Councillor Crawford responded to questions on the motion from Council Members.

Moved by: S. Collier Seconded by: M. Crawford

WHEREAS Ajax Council continues to take concrete actions against systemic racism in all forms in response to examples of recent racist behaviour, including the act of terrorism against the Sipekne’katik First Nation in Nova Scotia and the purposeful, public vandalism of yearbooks at St. Mary’s Catholic Secondary School; and

12 Town of Ajax Council Meeting – November 16, 2020

WHEREAS Ajax Council remain committed to inclusion and equitable treatment of all residents, regardless of differences in, for example: race, age, class, creed, language, culture, religion, sexual orientation or any other factor; and

WHEREAS Members agree that building a foundation of collective understanding about race and racism, cultural relations and the impacts of language requires specialized, professional training;

THEREFORE BE IT RESOLVED:

1. That Ajax Council requests the Town’s Diversity & Inclusion Coordinator to report back to Council with a fulsome plan for Council training, including phases, focus areas, programming and costs; and

2. That Anti-racism training begin with a specific anti-Black racism focus, which can be built upon by training focused on addressing racism toward other marginalized groups including Indigenous Peoples; and

3. That the plan include diversity and inclusion training, which considers issues of inclusion that are not racism-related, including LGBTQ+, accessibility and intersectionality. CARRIED

Mayor Collier resumed the Chair.

10.2 Re-Naming of Langsdorff Drive

Councillor Bower and Regional Councillor Lee introduced the motion, reviewed its contents, and responded to questions from Council Members. Members each discussed their position on the matter. Natasha Sharma, Diversity & Inclusion Coordinator, discussed the matter through a diversity lens perspective.

Moved by: L. Bower Seconded by: S. Lee

WHEREAS Council of the Town of Ajax has adopted a policy to name its streets after personnel serving on the HMS Ajax, Achilles, and Exeter during the Battle of the River Plate, and from other sources where Council deems appropriate;

AND WHEREAS in 2004 a street in Ajax was named Langsdorff Drive after Hans Langsdorff, captain of the Nazi pocket battleship Graf Spee that fought in the Battle of the River Plate, and a street dedication ceremony was held in 2007;

AND WHEREAS Council recently approved the re-naming of Graf Spee Lane to Hassard- Short Lane, and therefore deems it expedient to consider renaming Langsdorff Drive as well;

AND WHEREAS Ajax is committed to investigating best practices to measure the impact of Diversity, Inclusion and Equity initiatives as outlined in our 2017-2022 Diversity and Community Engagement Plan;

13 Town of Ajax Council Meeting – November 16, 2020

AND WHEREAS members of the community are calling on public leaders to take action on systemic and institutional racism and white supremacy to combat barriers felt by racialized groups as outlined in our Anti-Black Racism Taskforce;

NOW THEREFORE BE IT RESOLVED:

THAT Council directs staff to initiate the process to rename the street currently known as Langsdorff Drive;

AND THAT as per the Street Naming Policy, Council hereby directs the Director of Planning & Development Services to hold an open house for the affected residents of Langsdorff Drive, and to report back to Council with a recommended course of action to rename the street. CARRIED

Recorded Vote

In Favour: Councillor Bower, Regional Councillor Crawford, Regional Councillor Lee, Councillor Tyler Morin

Opposed: Regional Councillor Dies, Councillor Khan, Mayor Collier

10.3 Regulating Short-Term Rentals & Online Home Sharing Services

Regional Councillor Lee and Regional Councillor Dies introduced the motion and reviewed its contents.

Moved by: S. Lee Seconded by: J. Dies

WHEREAS short-term rentals and online home sharing services negatively impact the availability and affordability of local housing supplies, and may cause disturbances in established communities when properties are misused by short-term renters;

AND WHEREAS other municipalities, including the City of Toronto and recently the City of Oshawa, have introduced zoning provisions and licensing requirements designed to reduce the prevalence of short-term rentals and home sharing services in their communities;

AND WHEREAS Ajax Council wishes to protect the availability and affordability of housing in Ajax, and reduce the negative impacts of short-term rentals and home sharing services on Ajax residents;

NOW THEREFORE BE IT RESOLVED:

THAT staff be directed to review the viability of implementing appropriate mechanisms to minimize the prevalence of short-term rentals and home sharing services in the Town of Ajax, and present their findings and recommendations in a report to a future meeting of Council or the appropriate standing committee. CARRIED

14 Town of Ajax Council Meeting – November 16, 2020

11. By-laws

Moved by: A. Khan Seconded by: J. Dies

That By-law numbers 45-2020 to 48-2020 be read a first, second and third time and passed. CARRIED

12. Notice of Motion

None

13. New Business - Notices & Announcements

Council Members highlighted upcoming events and activities including upcoming online ward meetings, and wished the Hindu and Sikh community a Happy Diwali.

14. Confirming By-Law

Moved by: M. Crawford Seconded by: R. Tyler Morin

That By-law number 49-2020 being a by-law to confirm the proceedings of the Council of the Corporation of the Town of Ajax at its meeting held on November 16, 2020 be read a first, second and third time and passed. CARRIED

15. Adjournment

Moved by: L. Bower Seconded by: M. Crawford

That the November 16, 2020 meeting of the Council of the Town of Ajax be adjourned. (12:06 a.m.) CARRIED

______Mayor

______Acting D-Clerk

15 DRAFT MINUTES – SUBJECT TO APPROVAL Minutes of the Special Meeting of Council of the Corporation of the Town of Ajax Held Electronically on Wednesday, November 18, 2020 at 9:00 a.m.

Alternative formats available upon request by contacting: [email protected] or 905-619-2529 ext. 3347

Present: Mayor S. Collier Regional Councillors M. Crawford S. Lee J. Dies Councillors R. Tyler Morin A. Khan L. Bower

1. Call to Order

Mayor Collier gave a short introduction regarding the electronic Council meeting format and noted that the meeting was being live streamed on the Town’s website.

Mayor Collier called the meeting to order at 9:00 a.m.

Councillor Bower assumed the Chair and acknowledged traditional treaty lands.

Mayor Collier resumed the Chair.

2. Disclosure of Pecuniary Interest

There were no disclosures of pecuniary interest.

Closed Session (9:02 a.m.)

3. Authority to Hold a Closed Session

3.1 Training & Education: Team Development & Engagement Strategies

Moved by: L. Bower Seconded by: A. Khan

That Council convene to a Closed Session pursuant to Section 239 (3.1) of the Municipal Act, 2001, as amended, for the purpose of education and training of members. CARRIED

16 Town of Ajax Special Council – November 18, 2020

Open Meeting (12:10 p.m.)

4. Confirming By-law

Moved by: J. Dies Seconded by: A. Khan

That By-law number 50-2020 being a by-law to confirm the proceedings of the Council of the Corporation of the Town of Ajax at its Special meeting held on November 18, 2020 be read a first, second and third time and passed. CARRIED

5. Adjournment

Moved by: M. Crawford Seconded by: R. Tyler Morin

That the November 18, 2020 Special meeting of the Council of the Town of Ajax be adjourned. (12:11 p.m.) CARRIED

______

Mayor

______D-Clerk

DRAFT MINUTES – SUBJECT TO APPROVAL Minutes of the Special Meeting of Council of the Corporation of the Town of Ajax Held Electronically on Tuesday, November 24, 2020 at 9:00 a.m.

Alternative formats available upon request by contacting: [email protected] or 905-619-2529 ext. 3347

Present: Mayor S. Collier Regional Councillors M. Crawford S. Lee J. Dies Councillors R. Tyler Morin A. Khan L. Bower

1. Call to Order

Mayor Collier gave a short introduction regarding the electronic Council meeting format and noted that the meeting was being live streamed on the Town’s website.

Mayor Collier called the meeting to order at 9:00 a.m. and acknowledged traditional treaty lands.

2. Disclosure of Pecuniary Interest

There were no disclosures of pecuniary interest.

Closed Session (9:02 a.m.)

3. Authority to Hold a Closed Session

3.1 Training & Education: Team Development & Engagement Strategies – Part 2

Moved by: L. Bower Seconded by: S. Lee

That Council convene to a Closed Session pursuant to Section 239 (3.1) of the Municipal Act, 2001, as amended, for the purpose of education and training of members. CARRIED

18 Town of Ajax Special Council – November 24, 2020

Open Meeting (12:09 p.m.)

4. Confirming By-law

Moved by: R. Tyler Morin Seconded by: A. Khan

That By-law number 51-2020 being a by-law to confirm the proceedings of the Council of the Corporation of the Town of Ajax at its Special meeting held on November 24, 2020 be read a first, second and third time and passed. CARRIED

5. Adjournment

Moved by: M. Crawford Seconded by: S. Lee

That the November 24, 2020 Special meeting of the Council of the Town of Ajax be adjourned. (12:10 p.m.) CARRIED

______Mayor

______D-Clerk

19 DRAFT MINUTES SUBJECT TO APPROVAL Minutes of the Special Meeting of the Council of the Corporation of the Town of Ajax Held Electronically on Monday, December 7, 2020 immediately following the Community Affairs & Planning Committee Meeting

Alternative formats available upon request by contacting: [email protected] or 905-619-2529 ext. 3347

Present: Mayor S. Collier Regional Councillors M. Crawford S. Lee J. Dies Councillors R. Tyler Morin A. Khan L. Bower

1. Call to Order & Land Acknowledgement

Mayor Collier called the meeting to order at 8:34 p.m. and acknowledged traditional treaty lands.

2. Disclosure of Pecuniary Interest

There were no disclosures of pecuniary interest.

3. Reports

3.1 Community Affairs & Planning Committee Report

Moved by: A. Khan Seconded by: S. Lee

That the Resolutions of the Community Affairs and Planning Committee Meeting dated December 7, 2020, be ratified. CARRIED

4. By-laws

Moved by: J. Dies Seconded by: L. Bower

That By-law number 52-2020 be read a first, second and third time and passed. CARRIED

20 Town of Ajax Special Council Meeting – December 7, 2020

5. Confirming By-law

Moved by: R. Tyler Morin Seconded by: A. Khan

That By-law number 53-2020 being a by-law to confirm the proceedings of the Council of the Corporation of the Town of Ajax at its special meeting held on December 7, 2020 be read a first, second and third time and passed. CARRIED

6. Adjournment

Moved by: M. Crawford Seconded by: L. Bower

That the December 7, 2020 special meeting of the Council of the Town of Ajax be adjourned. (8:37 p.m.) CARRIED

______Mayor

______D-Clerk

21 TOWN OF AJAX REPORT TO COUNCIL

TO: Mayor and Members of Council

FROM: A. Harras, Acting Clerk

DATE: December 14, 2020

SUBJECT: Items of Correspondence

The following items of correspondence are attached for Council’s information:

Durham Region Municipalities

1 Town of Ajax: Proclamations issued by the Mayor’s Office ...... none

2 Region of Durham: Impact of the BET Reductions on Municipalities with PIL Properties 24

3 Region of Durham: Envision Durham – Framework for a New Regional Official Plan ...... 27  Background Material: Planning and Economic Development Committee: #2020-P-24

4 Town of Whitby: “Red – Control” COVID-19 Restrictions in Durham Region ...... 29

5 Town of Whitby: Metrolinx Public Information Centres ...... 31

Bill 229 - Protect, Support and Recover from COVID-19 Act

6 Town of Whitby: Correspondence # 2020-887 received by C. Harris, Town Clerk, from Central Lake Ontario Conservation Authority (CLOCA) regarding Bill 229, Protect, Support and Recover from COVID-19 Act - Schedule 6 - Conservation Authorities Act Properties ...... 33

7 Toronto and Region Conservation Authority: Impact of Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures) ...... 35

8 Central Lake Ontario Conservation Authority: Bill 229 - An Act to implement Budget measures and to enact, amend and repeal various statutes ...... 54

9 Township of Essa: Bill 229 Protect, Support and Recover from COVID19 Act – Schedule 6 – Conservation Authorities Act ...... 56

10 Town of Mono: Schedule 6 of Bill 229 - Open Letter to the Honourable Sylvia Jones, MPP for Dufferin-Caledon Period ...... 58

11 Town of Shelburne: Bill 229 and the Conservation Authorities ...... 62

12 Municipality of Grey Highlands: Grey Highlands Council resolution re: Bill 229 ...... 65

22 13 City of Greater Sudbury: Motion regarding - Notice to withdraw from Schedule 6 from Bill 229, Protect, Support and Recover from COVID 19 Act ...... 68

14 Township of Puslinch: Propose Changes to the Conservation Authorities Act: Schedule 6 of Bill 229 ...... 70

Municipal Elections and Bill 218 - Supporting Ontario's Recovery and Municipal Elections Act, 2020

15 City of Oshawa: Modernization of Municipal Election Voting Methods ...... 87  Background Material: Corporate Services Committee Meeting – October 5, 2020: CORP-20-31

16 City of Belleville: Bill 218 – Proposing Changes to the Municipal Elections Act – Extension of Nomination Period ...... 91

17 City of Brantford: Bill 218 – Ranked Ballots for Municipal Elections ...... 93

Other Municipalities and Organizations

18 Metrolinx: Durham-Scarborough Bus Rapid Transit Project ...... 95

19 Region of Peel: Motion Regarding Property Tax Exemptions for Veteran Clubs ...... 97

20 Region of Peel: Letter to Premier Ford re: Small Business Supports ...... 99

21 Municipal Finance Officers’ Association - Requesting extension to Asset Management Plan deadlines ...... 103

A Harras Acting Clerk

November 30, 2020

The Honourable Doug Ford Premier Minister of Intergovernmental Affairs Room 281 Main Legislative Building The Regional Municipality Queen's Park of Durham Toronto ON M7A 1A1

Corporate Services Department Legislative Services Dear Minister Ford:

605 Rossland Rd. E. Level 1 PO Box 623 RE: Impact of the BET Reductions on Municipalities with PIL Whitby, ON L1N 6A3 Properties, Our File: A01 Canada

905-668-7711 Council of the Region of Durham, at its meeting held on November 25, 1-800-372-1102 2020, adopted the following recommendations of the Committee of the Fax: 905-668-9963 Whole: durham.ca “Whereas the 2020 Ontario Budget was tabled in the Ontario Don Beaton, BCom, M.P.A. Commissioner of Corporate Legislature on November 5, 2020; Services Whereas the Provincial Budget proposes to lower all Business Education Tax (BET) rates to a rate of 0.88 percent for commercial and industrial properties beginning in 2021;

Whereas the Province has indicated that they will adjust payments to school boards to offset the reduction in education property taxes;

Whereas the current 2020 BET rates in Durham are 0.98 percent for commercial and 1.25 percent for industrial;

Whereas a substantial reduction will occur in the BET rates in Durham, to the benefit of all commercial and industrial property owners during these challenging economic times;

Whereas the Region of Durham, for example the Municipality of Clarington and the City of Pickering, are host to two nuclear facilities which fall under the payment in lieu (PIL) category of property taxation with significant assessed values in the commercial and industrial tax classes;

If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. 24 Page 2 of 3

Whereas under the current property tax regulations, the education share of the majority of PIL properties are retained by the host local municipality;

Whereas the proposed reduction in the BET will have a significant negative financial impact to both the Municipality of Clarington and the City of Pickering along with all Durham municipalities with PILs;

Now therefore be it resolved that the Province of Ontario be requested to review the impact of the BET reductions on municipalities with PIL properties within their boundaries and implement appropriate mitigation measures to offset the lost education taxation funds retained by municipalities such as direct funding, exclusion of PIL properties from the BET reductions or some other mechanism to keep those municipalities financially whole;

And that this resolution be forwarded to the Premier of Ontario, Durham MPP’s, Minister of Finance and Minister of Municipal Affairs, Durham Region Municipalities, Association of Municipalities of Ontario, Municipal Finance Officers Association of Ontario, and Ontario Municipal Tax and Revenue Association.”

Ralph Walton

Ralph Walton, Regional Clerk/Director of Legislative Services

RW/np

c: The Honourable Rod Phillips, Minister of Finance The Honourable Steve Clark, Minister of Municipal Affairs and Housing Rod Phillips, MPP (Ajax/Pickering) Lorne Coe, MPP (Whitby/Oshawa) Lindsey Park, MPP (Durham) Jennifer French, MPP (Oshawa) Laurie Scott, MPP (Haliburton/Kawartha Lakes/Brock) Peter Bethlenfalvy, MPP (Pickering/Uxbridge) David Piccini, MPP (Northumberland-Peterborough South) A. Harras, Acting Clerk, Town of Ajax

25 Page 3 of 3

B. Jamieson, Clerk, Township of Brock J. Gallagher, Clerk, Municipality of Clarington M. Medeiros, Clerk, City of Oshawa S. Cassel, Clerk, City of Pickering J.P. Newman, Clerk, Township of Scugog D. Leroux, Director of Legislative Services/Clerk, Township of Uxbridge C. Harris, Clerk, Town of Whitby Association of Municipalities of Ontario (AMO) Municipal Finance Officers Association of Ontario Ontario Municipal Tax and Revenue Association N. Taylor, Commissioner of Finance

26 November 26, 2020

The Honourable Steve Clark Minister of Municipal Affairs and Housing 777 Bay Street, 17th Floor Toronto, ON M5G 2E5

Dear Minister Clark:

The Regional Municipality RE: Envision Durham – Framework for a New Regional Official of Durham Plan (2020-P-24), Our File: D12

Corporate Services Department Council of the Region of Durham, at its meeting held on November 25, Legislative Services 2020, adopted the following recommendations of the Planning &

605 Rossland Rd. E. Economic Development Committee: Level 1 PO Box 623 “A) That Regional Council endorse the framework for the new Whitby, ON L1N 6A3 Canada Regional Official Plan as outlined in Report #2020-P-24 of the Commissioner of Planning and Economic Development; and 905-668-7711 1-800-372-1102 Fax: 905-668-9963 B) That a copy of Report #2020-P-24 be forwarded to Durham’s area municipalities, conservation authorities, the Envision Durham durham.ca Interested Parties List and the Ministry of Municipal Affairs and Don Beaton, BCom, M.P.A. Housing.” Commissioner of Corporate Services Please find enclosed a copy of Report #2020-P-24 for your information.

Ralph Walton Ralph Walton, Regional Clerk/Director of Legislative Services

RW/tf

c: Please see attached list

If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. 27 Page 2 of 2 c: M. Harris, Acting Manager, Community Planning and Development, Ministry of Municipal Affairs and Housing A. Harras, Acting Clerk, Town of Ajax B. Jamieson, Clerk, Township of Brock A. Greentree, Clerk, Municipality of Clarington M. Medeiros, Clerk, City of Oshawa S. Cassel, Clerk, City of Pickering J.P. Newman, Clerk, Township of Scugog D. Leroux, Clerk, Township of Uxbridge C. Harris, Clerk, Town of Whitby C. Darling, Chief Administrative Officer, Central Lake Ontario Conservation Authority L. Laliberte, CAO/Secretary-Treasurer, Ganaraska Region Conservation Authority M. Majchrowski, Chief Administrative Officer, Kawartha Conservation M. Walters, Chief Administrative Officer, Lake Simcoe Region Conservation Authority J. MacKenzie, Chief Executive Officer, Toronto & Region Conservation Authority Envision Durham Interested Parties B. Bridgeman, Commissioner of Planning and Economic Development

28 Town of Whitby 575 Rossland Road East Whitby, ON L1N 2M8 905.430.4300 whitby.ca

November 25, 2020

Via Email:

Honourable Doug Ford Premier of Ontario [email protected]

Re: “Red – Control” COVID-19 Restrictions in Durham Region

Please be advised that at a meeting held on November 23, 2020, the Council of the Town of Whitby adopted the following as Resolution # 233-20:

Whereas the health and wellbeing of Whitby residents is the top priority for the Town of Whitby and Council, and there is a continuing need to abide by Health Directives including mask-wearing, hand-washing, physical distancing, and limiting contacts; and,

Whereas businesses in Whitby have been impacted by restrictive measures intended to slow the transmission of COVID-19; and,

Whereas many business owners have made substantial investments in a time of declining revenues to modify their spaces and acquire personal protective equipment to ensure a safe environment for their employees and customers; and,

Whereas the majority of business owners in Whitby have followed public health guidelines through the pandemic and have seen no evidence that they are an important source of community transmission; and,

Whereas the Region of Durham Health Department COVID-19 Data Tracker indicates that the majority of active cases of COVID-19 in the Region have been acquired through household contacts or other close contacts as opposed to workplace contacts or community contacts.

Now Therefore be it Resolved:

1. That the Council of the Town of Whitby requests that the Province adopt a targeted approach, backed by conclusive local data, when considering enacting restrictions on any business sectors in Whitby and Durham Region; and,

29 2. That the Province be requested to review Durham Region’s active COVID-19 cases on a weekly basis to determine if local restrictions can be reduced, including sector specific reductions for businesses; and, 3. That the Clerk be directed to circulate a copy of this resolution to the Premier, Minister of Health, Minister of Finance, M.P. Ryan Turnbull, M.P.P. Lorne Coe, Durham Region M.P.P.s, Durham Region Chief Medical Officer of Health, and Durham Region municipalities.

Kevin Narraway Manager of Legislative Services/Deputy Clerk

Copy: Honourable Christine Elliott, Minister of Health and Long Term Care - [email protected] Honourable Rod Phillips, Minister of Finance - [email protected] Ryan Turnbull, M.P. - [email protected] Lorne Coe, M.P.P. - [email protected] Jennifer K. French, M.P.P. - [email protected] Lindsey Park, M.P.P. - [email protected] Honourable Peter Bethlenfalvy, M.P.P. - [email protected] Honourable Laurie Scott, M.P.P. - [email protected] Dr. Robert Kyle, Commissioner and Medical Officer of Health, Region of Durham – [email protected] N. Cooper, Director of Legislative and Information services, Town of Ajax – [email protected] B. Jamieson, Clerk, Township of Brock - [email protected] A. Greentree, Clerk, Municipality of Clarington - [email protected] M. Medeiros, Clerk, City of Oshawa - [email protected] S. Cassel, Clerk, City of Pickering - [email protected] J. Newman, Clerk, Township of Scugog - [email protected] D. Leroux, Clerk, Township of Uxbridge - [email protected]

30 Town of Whitby 575 Rossland Road East Whitby, ON L1N 2M8 905.430.4300 whitby.ca

December 4, 2020

Via Email:

Kristin Demasi, Senior Advisor Rapid Transit Project Planning Metrolinx [email protected]

Re: Metrolinx Public Information Centre # 3 – Durham-Scarborough Bus Rapid Transit Project

Please be advised that at a meeting held on November 30, 2020, the Council of the Town of Whitby adopted the following as Resolution # 253-20:

Whereas Metrolinx is currently holding a virtual Public Information Centre about the Durham-Scarborough Bus Rapid Transit project;

Whereas the project as proposed will have a significant impact to Whitby residents and business owners, and in particular, residents and business owners in Downtown Whitby;

Whereas Metrolinx has agreed to attend a live Public Information Centre meeting to provide a project overview in more detail and be available to answer resident and business owner questions; and,

Whereas it is imperative that residents and business owners understand the full scope of the project and have an opportunity to have open dialogue with Metrolinx to answer their questions and respond to their concerns.

Now therefore be it resolved:

1. That the Council of the Town of Whitby requests Staff to coordinate hosting virtual community meeting(s) with Metrolinx for residents and business owners to help clarify the scope and impacts of the Durham-Scarborough Bus Rapid Transit Project and answer any questions regarding the project; and, 2. That the Clerk send a copy of this resolution to the Durham-Scarborough Bus Rapid Transit Project team at Metrolinx, MPP Lorne Coe, and lakeshore municipalities in the Region of Durham.

Should you require further information, please do not hesitate to contact Suzanne Beale, Commissioner of Public Works, at 905.430.4311.

Kevin Narraway Manager of Legislative Services/Deputy Clerk

Copy: Lorne Coe, M.P.P. - [email protected] N. Cooper, Director of Legislative and Information services, Town of Ajax – [email protected] A. Greentree, Municipal Clerk, Municipality of Clarington - [email protected] M. Medeiros, City Clerk, City of Oshawa - [email protected] S. Cassel, City Clerk, City of Pickering – [email protected]

S. Beale, Commissioner of Public Works - [email protected] S. Klein, Director of Strategic Initiatives - [email protected] E. Botond, Senior Manager, Corporate Communications - [email protected]

32 Town of Whitby 575 Rossland Road East Whitby, ON L1N 2M8 905.430.4300 whitby.ca

November 25, 2020

Via Email:

Honourable Doug Ford Premier of Ontario [email protected]

Re: Correspondence # 2020-887 received by C. Harris, Town Clerk, from Central Lake Ontario Conservation Authority (CLOCA) regarding Bill 229, Protect, Support and Recover from COVID-19 Act - Schedule 6 - Conservation Authorities Act

Please be advised that at a meeting held on November 23, 2020, the Council of the Town of Whitby adopted the following as Resolution # 232-20:

Whereas the Province has introduced Bill 229, Protect, Support and Recover from COVID 19 Act including Schedule 6 – Conservation Authorities Act; and,

Whereas the proposed Bill 229 introduces a number of changes and new sections that could remove and/or significantly hinder the role of conservation authorities in regulating development, the permit appeal process and engaging in the review and appeal of planning applications; and,

Whereas the Town of Whitby values and relies on the natural habitats and water resources within its jurisdiction for the health and well-being of residents; values the conservation authority’s work to prevent and manage the impacts of flooding and other natural hazards; and values the conservation authority’s work to ensure safe drinking water amongst other matters.

Now Therefore be it Resolved:

1. That the Mayor and Council of the Town of Whitby endorse and support the request of CLOCA’s Board of Directors to remove Schedule 6 from Bill 229; and,

2. That the Clerk send a copy of this resolution to the Premier, Minister of Environment, Conservation and Parks, the Minister of Natural Resources and Forestry, the Minister of Municipal Affairs and Housing, the Minister of Finance, MPP Lorne Coe, Regional Chair John Henry and local municipalities in the Region of Durham.

Kevin Narraway Manager of Legislative Services/Deputy Clerk

Copy: Honourable Jeff Yurek, Minister of Environment, Conservation and Parks - [email protected] Honourable John Yakabuski, Minister of Natural Resources and Forestry - [email protected] Honourable Steve Clark, Minister of Municipal Affairs and Housing - [email protected] Honourable Rod Phillips, Minister of Finance - [email protected] Lorne Coe, M.P.P. - [email protected] John Henry, Regional Chair - [email protected] N. Cooper, Director of Legislative and Information services, Town of Ajax – [email protected] A. Greentree, Clerk, Municipality of Clarington - [email protected] M. Medeiros, Clerk, City of Oshawa - [email protected] S. Cassel, Clerk, City of Pickering - [email protected] J. Newman, Clerk, Township of Scugog - [email protected] D. Leroux, Clerk, Township of Uxbridge - [email protected]

34 November 17, 2020 Sent via email

SEE DISTRIBUTION LIST

RE: Impact of Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 Toronto and Region Conservation Authority (TRCA) Board of Directors, at its special meeting, held on November 13, 2020, adopted Resolution #A176/20, as follows:

WHEREAS on November 5, 2020, the Province of Ontario introduced Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), which proposes amendments to the Conservation Authorities Act and Planning Act;

AND WHEREAS the proposed amendments will diminish TRCA’s ability to serve its municipal partners and other watershed stakeholders in the protection from natural hazards and conserving natural resources, primarily in the areas of planning, permitting and enforcement;

THEREFORE, LET IT BE RESOLVED THAT TRCA’s Board of Directors request that the Government of Ontario remove proposed amendments to the Conservation Authorities Act and Planning Act in Bill 229 relating to planning, permitting and enforcement and include strengthened provisions related to enforcement including powers to require the restoration of lands including taxation abilities involving our local municipalities if they have been subjected to illegal activities, including enforcement powers that are on par with other Provincial Officers in order to support a balanced approach to development, enable conservation authorities to mitigate natural hazards and protect natural heritage, and to prevent any downloading of enforcement costs to municipalities;

AND FURTHER THAT the Clerk and Manager, Policy, so advise the Premier, Minister of Environment, Conservation and Parks, the Minister of Natural Resources and Forestry, the Minister of Municipal Affairs and Housing, the Minister of Finance, MPPs in our jurisdiction, TRCA’s partner municipalities, neighbouring conservation authorities and Conservation Ontario.

The report and referenced resolution are attached to this letter and can also be accessed at the TRCA Board of Directors webpage. If you have any questions or require additional information, please contact Laurie Nelson at 416-661-6600 ext. 5281, [email protected].

Sincerely, Alisa Mahrova Clerk and Manager, Policy cc: John MacKenzie, Chief Executive Officer, TRCA Laurie Nelson, Director, Policy Planning, TRCA Sameer Dhalla, Director, Development and Engineering Services Michael Tolensky, Chief Financial and Operating Officer, TRCA Victoria Kramkowski, Government and Community Relations Specialist, Peel/York Watersheds Nancy Gaffney, Government and Community Relations Specialist, Toronto/Durham Watersheds

T: 416.661.6600 | F: 416.661.6898 | [email protected] | 101 Exchange Avenue, Vaughan, ON L4K 5R6 | www.trca.ca 35 DISTRIBUTION LIST Alexander Harras, Manager, Legislative Services/ Deputy Clerk, Ton of Ajax Christopher Raynor, Regional Clerk, Regional Municipality of York Debbie Leroux, Director of Legislative Services/ Clerk, Township of Uxbridge Diana Rusnov, Director of Legislative Services/City Clerk, City of Mississauga Gillian Angus-Traill, Clerk, Town of Whitchurch-Stouffville Kathryn Lockyer, Regional Clerk and Director of Clerks and Legal Services, Regional Municipality of Peel Kathryn Moyle, Clerk, Township of King Kimberley Kitteringham, City Clerk, City of Markham Laura Hall, Acting Town Clerk, Town of Caledon Mark Early, Chief Administrative Officer and Clerk, Town of Mono Michael de Rond, Town Clerk, Town of Aurora Nicole Cooper, Director, Legislative and Information Services/ Town Clerk, Town of Ajax Peter Fay, City Clerk, City of Brampton Ralph Walton, Regional Clerk / Director, Legislative Services, Regional Municipality of Durham Robin Reid, Deputy Clerk, Township of Adjala-Tosorontio Stephen Huycke, Director of Legislative Services/Town Clerk, Town of Richmond Hill Susan Cassel, City Clerk, City of Pickering Todd Coles, City Clerk, City of Vaughan John Elvidge, Interim City Clerk, City of Toronto

Toronto and Region Conservation Authority | 2 36

Section I – Items for Board of Directors Action

RES.#A176/20 - IMPACT OF BILL 229, PROTECT, SUPPORT AND RECOVER FROM COVID-19 ACT (BUDGET MEASURES), 2020 The Province of Ontario has proposed amendments to the Conservation Authorities Act and the Planning Act in Schedule 6 of Bill 229, that present major implications for Toronto and Region Conservation Authority’s (TRCA) ability to fulfill its mandate, primarily in the areas of planning, permitting and enforcement.

Moved by: Linda Jackson Seconded by: Jennifer Drake

RES.#A177/20 - AMENDMENT TO THE MAIN MOTION

Moved by: Jack Heath Seconded by: Anthony Perruzza

THAT the third paragraph of the main motion be amended as follows:

THEREFORE, LET IT BE RESOLVED THAT TRCA’s Board of Directors request that the Government of Ontario remove proposed amendments to the Conservation Authorities Act and Planning Act in Bill 229 relating to planning, permitting and enforcement and include strengthened provisions related to enforcement including powers to require the restoration of lands including taxation abilities involving our local municipalities if they have been subjected to illegal activities, including enforcement powers that are on par with other Provincial Officers, in order to support a balanced approach to development, enable conservation authorities to mitigate

natural hazards and protect natural heritage, and to prevent any downloading of enforcement costs to municipalities;

THE AMENDMENT WAS: CARRIED THE RESULTANT MOTION READS AS FOLLOWS:

Previous Bill 108 Amendments and Advocacy Efforts TRCA has been a value-added collaborator throughout the three-year provincial consultation process regarding the modernization of the Conservation Authorities Act (the Act or the CA Act). Prior to previous amendments to the Act under Bill 108, the More Homes, More Choice Act, TRCA with its municipal partners, Conservation Ontario, and neighbouring conservation authorities in the Greater Golden Horseshoe, strongly advocated that the Province recognize critical role that conservation authorities (CAs) play as watershed and natural resource management agencies. In addition to requesting the addition of “conserving natural resources” as a mandatory program or service, it was strongly voiced that stronger enforcement powers were needed to improve regulatory compliance in the control of natural hazards and the conservation of land.

Bill 108 received Royal Assent on June 6, 2010 and assigned greater prescriptions to the three categories of programs and services established through Bill 139 amendments (mandatory, municipally-driven and Board-driven). Some of the key legislative amendments were made in section 21.1 (1) of the Act. They require conservation authorities to provide programs or services that meet the following descriptions and that have been prescribed in regulations:

i. Programs and services related to the risk of natural hazards ii. Programs and services related to the conservation and management of lands owned or controlled by the authority, including any interests in land registered on title iii. Programs and services related to the authority’s duties, functions and responsibilities as a source protection authority under the Clean Water Act, 2006 iv. Programs and services related to the authority’s duties, functions and responsibilities under an Act prescribed by the regulations

Subsequent to Standing Committee and Third reading of Bill 108, a late addition to these categories as part of the amendments, was a clause that enables CAs to provide a program or service other than those listed above, but it must first be prescribed in a provincial regulation. The Environmental Registry of Ontario Decision notice on the approval of the CA Act amendments under Bill 108 reports that this clause was added to address comments received by the Province that CAs’ mandatory programs and services were being defined too narrowly.

The Bill 108 provisions governing municipally directed programs and services, (non- mandatory), require a publicly available Memorandum of Understanding or agreement. Provisions were also added for other programs and services (non-mandatory), which state that a conservation authority may provide, within its area of jurisdiction, such other programs and services it determines are advisable to further its objects. Nonetheless, if municipal funding is involved, there must be a public agreement in place between CAs and municipalities.

Key amendments are un-proclaimed and awaiting regulations Many of the amendments from Bill 108 regarding programs and services and enforcement provisions are not yet in effect because they require enacting regulations. CAs, municipalities and other stakeholders have been eagerly awaiting the release of the draft regulations as they would reveal greater detail on the scope of CAs’ mandate and were expected to grant enhanced enforcement powers to address un-proclaimed provisions and ongoing community concerns. Since then, individual briefings with CAs were held with Minister’s staff and local MPPs.

Multi-Stakeholder Consultation Sessions In early 2020, the Province conducted further consultation by hosting four in-person multi- stakeholder consultation sessions, as previously reported to the TRCA Executive Committee and Board of Directors. TRCA staff participated in three of the sessions in Barrie, Colborne and London. The Chair of TRCA’s Board of Directors and TRCA’s Chief Executive Officer also attended the sessions. Consisting of facilitated roundtable discussions and presentations from the agricultural sector, building industry, Conservation Ontario, and an environmental non- government organization, participants were provided with a series of questions under themes of mandatory and non-mandatory programs and services, the existing CA model, and partnerships.

The conversations during the roundtable discussions were generally consistent with the ongoing dialogue with the Province and stakeholders throughout the CA Act review process. TRCA staff attending the sessions made it clear in their discussions that the forthcoming draft regulations should enable TRCA to support provincial and municipal goals and objectives in the context of a growing and intensifying city-region.

Conservation Authorities Act Survey Following the provincial multi-stakeholder consultation, the Ministry of Environment, Conservation and Parks issued an on-line survey to the public (survey closed March 13, 2020) that solicited input on the conservation authority model as it relates to transparency, permitting, oversight, Board composition and partnerships. It also asked for feedback on which programs and services should be mandatory within the areas of managing natural hazards, managing conservation authority-owned lands, and drinking water source protection.

TRCA’s survey response was previously reported to the TRCA Board of Directors through a Policy Submissions Summary report and was informed by previously Board-endorsed TRCA submissions. After the survey closed, the Province stated on the survey website that, “The province is moving forward with a proposal to further define the core mandate of conservation authorities. These changes would improve the governance, oversight and accountability of conservation authorities, while respecting taxpayer dollars by giving municipalities more say over the conservation authority services they pay for.”

It should also be noted that at that time, several municipalities within TRCA’s jurisdiction, (and across the Province), passed Council resolutions of support for the valuable work of CAs for submission to the Province.

TRCA Memorandums of Understanding and Service Level Agreements Recognizing the Bill 108 amendments to the Act that require CAs to establish Memorandums of Understanding (MOUs) for any municipally funded non-mandatory programs and services, and in anticipation of the enabling regulations, TRCA has been engaging its municipal partners in discussions to develop MOUs and other service level agreements (SLA). This has led to consensus on the importance of developing new standardized agreements to ensure consistency, accountability, and transparency. Pursuing MOUs and SLAs with our partner municipalities is helping identify ongoing funding for TRCA’s programs, projects and services for 2021 and beyond, while also supporting our municipalities in their needs, priorities and desired outcomes. As such, MOUs are good business practice and allow a municipality to procure TRCA services more easily through procurement policy exemptions. The most recent update on the work underway was provided in a report to the Board of Directors on September 25, 2020.

Bill 229 carried on First Reading On November 5, 2020, the Province of Ontario introduced Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020. Schedule 6 of Bill 229 proposes amendments to the Conservation Authorities Act and the Planning Act. As of the writing of this report, the Bill is proceeding through the legislature and carried on First Reading. The Province did not introduce any associated regulations.

Key amendments proposed under Bill 229, as stated in the ERO Bulletin, are:

 Remove the authority for conservation authorities to expropriate lands. Conservation authorities would have the ability to request either the Province or a municipality expropriate land.

 Require participating municipalities to appoint municipal councillors as conservation authority members and that municipally appointed members generally act on behalf of their municipalities. This proposal would repeal the un-proclaimed provision made in Bill 108 that members were to act with a view to furthering the objects of the conservation authority.

 Enable the minister to appoint a member to the conservation authority from the agricultural sector.

 Require that conservation authority chairs and vice-chairs rotate every two years between different participating municipalities.

 Enable the minister to delegate some of their duties and powers under the Conservation Authorities Act, for example to a ministry official.

 Add a legal provision to the Conservation Authorities Act related to aboriginal and treaty rights under the Constitution. Such a non-derogation provision would recognize that nothing in the Act would abrogate or derogate from the existing aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution.

 Authorize the Minister of Natural Resources and Forestry to issue an order to take over and decide an application for a permit under section 28 of the Conservation Authorities Act in place of the conservation authority (i.e. before the conservation authority has made a decision on the application).

 Allow an applicant, within 30 days of a conservation authority issuing a permit, with or without conditions, or denying a permit, to request the minister to review the conservation authority’s decision.

 Where the minister has taken over a permit application or is reviewing a permit decision by a conservation authority, allow an applicant to appeal directly to LPAT where the minister fails to make a decision within 90 days.

 In addition to the provision to seek a minister’s review, provide the applicant with the ability to appeal a permit decision to LPAT within 90 days after the conservation authority has made a decision.

 Allow applicants to appeal directly to LPAT where a conservation authority fails to make a decision on section 28 permit applications within 120 days.

 Provide permit applicants with the ability to appeal permit fees charged by a conservation authority to LPAT.

 Amend the un-proclaimed warrantless entry provisions to change the circumstances when an entry to land may be exercised by a conservation authority officer so that such circumstances are similar to entry powers now in effect in section 28 of the Act.

 Remove the un-proclaimed provisions for conservation authorities to be able to issue stop work orders and retain the current enforcement tools, such as laying charges and potential court injunctions.

 An amendment to the Planning Act to add conservation authorities to subsection 1 (2) of the Planning Act. This amendment, if passed, would make conservation authorities part of the Province’s one window planning approach. This would mean that a conservation

authority could not, as a public body under that Act, appeal a decision to LPAT or become a party to an appeal before LPAT.

Letter from TRCA Chair to the Premier of Ontario and Ministries TRCA has stated our main concerns with the proposed amendments in a letter from TRCA’s Chair to the Premier of Ontario and Ministers of Environment, Conservation and Parks, Natural Resource and Forestry, Finance, and Municipal Affairs and Housing (Attachment 1). The letter will be the basis of TRCA’s formal comment submission to the Province and will be further informed by input from members of the Board of Directors.

ERO Bulletin on Schedule 6 of Bill 229 requires no consultation The Ministry of Environment, Conservation and Parks (MECP) has also posted a Bulletin on the Environmental Registry of Ontario (ERO) for the information of the public. The ERO Bulletin states that MECP is amending the CA Act to improve transparency and consistency in conservation authority operations, strengthen municipal and provincial oversight, and streamline conservation authority roles in permitting and land use planning.

Section 33 of the Environmental Bill of Rights, 1993 (EBR) exempts proposals from the public consultation requirements under the EBR if the proposal forms part of, or gives effect to, a budget or economic statement presented to the Legislative Assembly. There is therefore no obligation for the government to consult on the proposed amendments because this proposal was brought forward under a budget measures bill. (It should be noted that the Legislative Assembly of Ontario webpage on Bill 229, lists “Committee” prior to Second Reading and again, prior to Third Reading. TRCA has made a request to appear before the Committee prior to Second Reading).

The ERO Bulletin also states that later this fall, the government intends to consult on regulatory proposals for mandatory programs and services, section 28 natural hazards, section 29 conservation authority lands, agreements and transition under the CA Act. These proposals will be posted on the Environmental Registry for public consultation.

Ministry of Environment, Conservation and Parks (MECP) Webinar On the morning of November 6, 2020, the MECP invited TRCA, other conservation authorities and Conservation Ontario (CO) to join a webinar that afternoon on the proposed amendments affecting conservation authorities under Bill 229. At the webinar, MECP staff provided an overview of the Bill’s proposed amendments and fielded questions from the attendees. CO and CA staff sought clarification on the amendments proposing alternate permit review and appeal processes. Participants also expressed doubt as to level of efficiency the proposed measures would bring to permit appeal and approval given the demonstrated success of ongoing CO and CA-driven streamlining initiatives.

Efforts in this area were acknowledged in 2020 by the Minister of Natural Resources and Forestry in a letter to the Chair of Conservation Ontario stating that the Minister was pleased to see the progress and success of Conservation Ontario’s Client Service and Streamlining Initiative (Attachment 4). TRCA’s own efforts to increase operational efficiencies, streamline processes and enhance customer service to support provincial priorities for streamlining the planning and development approvals process were outlined in a 2019 report to TRCA Board of Directors.

TRCA Action Items Post Bill 229 Release Upon release of the proposed amendments in Schedule 6 of Bill 229 on November 5, 2020,

TRCA staff undertook the following actions:

 Provided a verbal, high level update to the Executive Committee on November 6, 2020

 Issued a press release to 250-plus members of the media and posted on TRCA’s website summarizing our initial response to the proposed amendments

 Issued social media posts on priority areas of planning, permitting and enforcement, for use by municipalities and public support

 Issued a letter from TRCA’s Chair to the Premier of Ontario and Ministers of Environment, Conservation and Parks, Natural Resource and Forestry, Finance, and Municipal Affairs and Housing (Attachment 1)

 Issued a letter to Members of Provincial Parliament urging them to support conservation authorities (Attachment 2)

 Drafted a sample municipal council resolution of support for conservation authorities in the wake of Bill 229 for use by municipal partners (Attachment 3)

 Requested to appear before Standing Committee prior to the Second Reading of Bill 229

Relationship to Building the Living City, the TRCA 2013-2022 Strategic Plan This report supports the following strategies set forth in the TRCA 2013-2022 Strategic Plan: Strategy 2 – Manage our regional water resources for current and future generations Strategy 4 – Create complete communities that integrate nature and the built environment Strategy 7 – Build partnerships and new business models Strategy 8 – Gather and share the best sustainability knowledge Strategy 12 – Facilitate a region-wide approach to sustainability

FINANCIAL DETAILS Staff are engaged in this policy analysis work per the normal course of duty, with funding support provided by TRCA’s participating municipalities to account 120-12. No additional funding is proposed to support the policy analysis work associated with the preparation of these comments.

DETAILS OF WORK TO BE DONE Staff are undertaking the following next steps:

 Formalize TRCA’s final submission to the Province in response to Bill 229 based on input from the Board of Directors meeting

 Prepare a written submission for Committee prior to Second Reading on Bill 229

 Continue to engage with our partner municipalities to obtain resolutions of support from local municipal and regional Councils, residents throughout our jurisdiction, and our network of supporters to reach out to the Premier, MECP, MMAH, MNRF and local members of provincial Parliament to voice support for the changes proposed by TRCA.

 Continue to monitor the Environmental Registry of Ontario and the Province of Ontario News’ Website to ensure TRCA is aware of, participates in consultation, and comments on the yet to be released draft regulations under the amended CA Act.

 Continue to engage the Province (including, but not limited to, MECP, MNRF, MMAH) through the legislative process, as opportunities arise, and through continued consultation and engagement with Ministry contacts already established through the Act consultation process in order to advocate for TRCA’s recommendations.

 Continue to inform the Board of Directors of new developments on the CA Act and supporting regulations, particularly outcomes of our engagement with the Province.

Report prepared by: Mary-Ann Burns, extension 5763, Jessica Murray, extension 6437 Emails: [email protected], [email protected] For Information contact: Mary-Ann Burns, extension 5763, Laurie Nelson, extension 5281 Emails: [email protected], [email protected] Date: November 13, 2020 Attachments: 4

Attachment 1: TRCA Chair’s Letter Attachment 2: TRCA letter to Members of Provincial Parliament Attachment 3: Draft Resolution for Councils of municipalities in TRCA’s jurisdiction Attachment 4: Letter to Conservation Ontario from Minister of Natural Resources and Forestry

44 Attachment 1: TRCA Chair’s Letter

November 10, 2020

Via Email The Honourable Doug Ford [email protected] Premier of Ontario

The Honourable Jeff Yurek [email protected] Minister of the Environment, Conservation and Parks

The Honourable Steve Clark [email protected] Minister of Municipal Affairs and Housing

The Honourable John Yakabuski [email protected] Minister of Natural Resources and Forestry

The Honourable Rod Phillips [email protected] Minister of Finance

Re: Urgent Request to Meet Prior to First Reading of Bill 229 to Discuss Elements We Support and Our Concerns With Proposed Amendments to the Planning Act and Sections 28, 29, and 30 of the CA Act Related to Enforcement, Planning and Permitting

TRCA is the largest Conservation Authority in Ontario with almost 5 million people living in our jurisdiction that includes 9 watersheds and over 70 km of Lake Ontario Shoreline stretching from Mississauga to Ajax and across the Oak Ridges Moraine from Mono in the west to Uxbridge in the east. TRCA issues up to 1,000+ permits per year for a jurisdiction spanning nine watersheds and is home to some of Canada’s largest and fastest growing municipalities, including Toronto, Markham, Brampton, and Vaughan. We advance flood infrastructure, trails and restoration projects and work with municipalities and applicants to ensure timely issuance of development and infrastructure approvals, while protecting our communities from the risks of flooding and erosion. We are also experts at ensuring our watersheds and the Lake Ontario shoreline are protected, restored, and made more resilient to impacts of climate change including more extreme weather events.

TRCA was actively involved in the provincial consultation on the CA Act by attending every session, meeting with officials in several ministries, and providing multiple submissions to the Province. Since the amendments in Bill 229 were released, TRCA has consulted with our key stakeholders, including municipal councillors and staff at the single tier, six upper and fifteen lower tier municipalities that we serve, and heard similar concerns from them around these specific amendments.

TRCA Support for Transparency and Accountability Provisions

As noted in TRCA’s original response to the proposed amendments, we remain supportive of all changes made to enhance the transparency and accountability of conservation authorities, which represent current practice and level of service that TRCA already provides. We want to discuss how we can further support the government on enacting and implementing these measures as part of this Bill.

Concerns About Weakened Enforcement Powers Despite Increasing Illegal Activities

Throughout the consultation process, TRCA, as the single largest landowner in the Greater Toronto Area, has been adamant in urging the Province to enhance the enforcement powers of conservation authorities. Enhancing these powers is essential to address issues like illegal large-scale filling operations and the destruction of natural features increasing in frequency within municipalities in our jurisdiction. In order to adequately manage natural hazards and the natural resources of our lands that are subject to increased illegal fill operations, filling of wetlands, and dumping, TRCA requested similar powers to those of Provincial Enforcement Officers to accomplish our mandate.

The unproclaimed provisions under section 30 (enforcement and offences) need to be reinstated. The amendments directly impact an officers ability to effectively address TRCA’s permit compliance objectives, work with proponents and stakeholders to proactively address compliance issues, and limit an officer’s ability to address significant impacts to natural hazards and features that might jeopardize the health and safety of persons or result in significant damage to property in an efficient and timely manner.

Removing an officer’s ability to enter lands (s. 30.2) within the authority’s jurisdiction is inconsistent with similar municipal and provincial legislation, and coupled with the removal of a Stop Order provision (s. 30.4) does not afford officers an ability to “prevent or reduce the effects or risks” associated with illegal and egregious activities, and puts the onus on an authority to engage in a time consuming and costly injunction process.

Lastly, the TRCA, through our May 21, 2019 correspondence to the Province, requested enhanced enforcement provisions to allow TRCA officers, under s.29 of the Act, to adequately protect our significant public landholdings (18,000 ha) to effectively address ongoing abuses and unlawful activities, similar to the protections afforded to Ontario’s Provincial Parks.

Planning Act and S. 28 and 30 CA Act Amendments Run Counter to Provincial Flood Advisor Recommendations and recent PPS Planning Act Changes

46 2

address natural hazards such as erosion hazards near steep slopes or along the eroding and hazardous Lake Ontario shoreline. Extreme weather events and changing climate increase the importance of our role in the planning process.

The 2019 Provincial Flood Advisor’s report notes the important role that conservation authorities play in the land use planning process. The main legislative tools used to manage flood risk, the report states, include the Planning Act together with the Provincial Policy Statement (PPS) and the Conservation Authorities Act. As a result of the Flood Advisor’s recommendations, the 2020 PPS was revised to state that mitigating natural hazard risks, including those associated with climate change, will require the Province, planning authorities, and conservation authorities to work together. Similarly, the Made in Ontario Environment Plan asserts that within the context of environmental planning, conservation authorities’ core mandate is protection from natural hazards and conserving natural resources.

The proposed amendments to sections 28 and 30 of the CA Act and the Planning Act amendments included in this Bill that would eliminate our ability to independently represent ourselves at LPAT run counter to Provincial Flood Advisor report findings. What is proposed would serve to diminish the effective integration of the legislative tools and undermine the ability of conservation authorities to meaningfully contribute to our collective responsibility for public safety and natural resource management with other parties at forums such as LPAT when necessary.

Compendium Regulations and Amendments Must Be Reviewed Concurrently

Without having regulations to support these amendments, concerns are prevalent that there may be unintended consequences or inefficiencies and ineffective outcomes. TRCA currently issues over 1000 + permits per year with no appeals in many years; most GGH CAs issue permits well within Conservation Ontario streamlining initiative timelines. This begs the question why there are proposed changes that would create a two-tier permitting process, allowing applicants to circumvent a process that is working well to reach the same end of issuing a permit. As well, the proposed option for applicants to request a review of an authority’s permit decision could have operational impacts related to fees, could bog down an already stressed LPAT system, and create confusion and uncertainty for applicants. It is also unclear whether there is capacity in the Ministry and in LPAT for this new two-tier system. It is our experience that there is not.

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Governance Concerns

There are two governance amendments in sections 14 and 17 of the Act that must be revised prior to this Budget Bill being enacted, as they are impractical to implement. As an example, section 14 would require 60% of the City of Toronto Council to sit on TRCA’s Board and permits Board members to act on behalf of their respective municipalities, which is in contravention to their fiduciary responsibilities.

This issue was raised throughout the consultation process, in accordance with the Auditor General’s special audit of the Niagara Peninsula Conservation Authority; at that time, the Ministry’s response to the first recommendation in the audit report cited the need for board members to act in the best interest of the conservation authority for which they are appointed. Moreover, for members to act on behalf of their municipality is counter to the intent of the CA Act which was to transcend political boundaries for municipalities sharing a watershed to collectively manage and protect its resources.

Concluding Comments and Request to Discuss Our Concerns

In closing, while we remain supportive of transparency and accountability provisions, if the amendments impacting planning, permitting and enforcement, cannot be strengthened to allow us to fulfill our mandate, we would respectfully request that they be rescinded from this Bill. The removal of these amendments at this time would give the Province time to work with its stakeholders to prepare Act changes and supporting regulations concurrently to ensure they work well together, are properly resourced and communicated, and are aligned with other government objectives such as reducing flood risk and preparing for the impacts of a changing climate.

TRCA’s next Board of Directors meeting is on Friday, November 13, 2020, and TRCA will be providing a formal response to the Province at that time, however, it is urgent that we discuss these concerns prior to first reading of the Bill given the time sensitivity related to passing Bill 229 in order to approve the Provincial budget. We respectfully request that your office please contact Leena Eappen Executive Coordinator at [email protected] in the Chairs and CEO’s Office to arrange a time to meet.

Thank you for your consideration of this request and I look forward to discussing this matter at your earliest convenience.

Regards,

Jennifer Innis Chair, Board of Directors

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Attachment 2: TRCA letter to Members of Provincial Parliament

November 13, 2020

Dear Member of Provincial Parliament:

Re: Permitting, Planning and Enforcement Concerns with Proposed Amendments to the Planning Act and Sections 28, 29, and 30 of the Conservation Authorities Act

TRCA is the largest Conservation Authority in Ontario with almost 5 million people living in our jurisdiction that includes 9 watersheds and over 70 km of Lake Ontario Shoreline stretching from Mississauga to Ajax and across the Oak Ridges Moraine from Mono in the west to Uxbridge in the east. TRCA issues up to 1,000+ permits per year and is home to some of Canada’s largest and fastest growing municipalities, including Toronto, Markham, Brampton, and Vaughan. We advance flood infrastructure, trails and restoration projects and work with municipalities and applicants to ensure timely issuance of development and infrastructure approvals, while protecting our communities from the risks of flooding and erosion. We are also experts at ensuring our watersheds and the Lake Ontario shoreline are protected, restored, and made more resilient to impacts of climate change including more extreme weather events.

TRCA was actively involved in the provincial consultation on the Conservation Authorities Act (CA Act) by attending every session, meeting with officials in several ministries, and providing multiple submissions to the Province. Since the amendments in Bill 229 were released, TRCA has consulted with our key stakeholders, including municipal councillors and staff at the single tier, six upper and fifteen lower tier municipalities that we serve, and heard similar concerns from them around these specific amendments.

TRCA Support for Transparency and Accountability Provisions

TRCA remains supportive of all changes made to enhance the transparency and accountability of conservation authorities, which represent current practice and level of service that TRCA already provides. We want to discuss how we can further support the government on enacting and implementing these measures as part of this Bill.

Concerns About Weakened Enforcement Powers Despite Increasing Illegal Activities

Significantly limiting the conservation authority’s ability to enter lands (s. 30.2), within the authority’s jurisdiction is inconsistent with similar municipal and provincial legislation, and coupled with the removal of a Stop Order provision (s. 30.4) does not afford officers an ability to “prevent or reduce the effects or risks” associated with illegal and egregious activities, and puts the onus on an authority to engage in a time consuming and costly injunction process.

Planning Act and S. 28 and 30 CA Act Amendments Run Counter to Provincial Flood Advisor Recommendations and recent PPS Planning Act Changes

We are also concerned with proposed amendments to the Planning Act which would limit our ability to be an independent Party at LPAT to protect our landholdings and to fulfill our mandate. TRCA attends LPAT hearings to ensure that policies and development conditions are imposed to reduce flood risks and to ensure mitigation and setbacks are in place to address natural hazards such as erosion hazards near steep slopes or along the eroding and hazardous Lake Ontario shoreline. Extreme weather events and changing climate increase the importance of our role in the planning process.

The proposed changes to planning, permitting and enforcement provisions in the Act are incongruent with recommendations of the Provincial Flood Advisor, the updated Provincial Policy Statement under the Planning Act, and do not reflect the concerns raised by the public and municipalities in our jurisdiction. These proposed changes, if passed, will increase risk to public infrastructure and private property, and will ultimately diminish TRCA’s and our municipal partners’ ability to protect the environment and fulfill our obligations to the communities we serve. The proposed amendments to sections 28 and 30 of the CA Act and the Planning Act amendments included in this Bill that would eliminate our ability to independently represent ourselves at LPAT run counter to Provincial Flood Advisor report findings. What is proposed would serve to diminish the effective integration of the legislative tools and undermine the ability of conservation authorities to meaningfully contribute to our collective responsibility for public safety and natural resource management with other parties at forums such as LPAT when necessary.

50 2

Compendium Regulations and Amendments Must Be Reviewed Concurrently

Without having regulations to support these amendments, concerns are prevalent that there may be unintended consequences or inefficiencies and ineffective outcomes. TRCA currently issues over 1,000+ permits per year with no appeals in many years; most Greater Golden Horseshoe CAs issue permits well within Conservation Ontario streamlining initiative timelines. This begs the question why there are proposed changes that would create a two-tier permitting process, allowing applicants to circumvent a process that is working well to reach the same end of issuing a permit. As well, the proposed option for applicants to request a review of an authority’s permit decision could have operational impacts related to fees, could bog down an already stressed LPAT system, and create confusion and uncertainty for applicants. It is also unclear whether there is capacity in the Ministry and in LPAT for this new two-tier system, as in our experience, there is not.

Governance Concerns

Concluding Comments and Request to Discuss Our Concerns

Thank you for your consideration of this request and I look forward to discussing this matter at your earliest convenience.

Sincerely,

Jennifer Innis John MacKenzie, M.Sc. (PI) MCIP, RPP Chair Chief Executive Officer

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Attachment 3: Draft Resolution for Councils of municipalities in TRCA’s jurisdiction

Draft Resolution for Councils of Municipalities in TRCA’s Jurisdiction

WHEREAS on November 5, 2020, the Government of Ontario introduced Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020, an omnibus bill that proposes limitations to conservation authorities’ permitting, planning and enforcement powers.

AND WHEREAS these changes will hinder conservation authorities’ abilities to fulfill their mandates, do not reflect the Provincial Flood Advisor and Auditor General recommendations, and recently updated Provincial land use policies, and are problematic for the partner municipalities that they serve who rely on conservation authorities to help regulate development and illegal activities;

THEREFORE, LET IT BE RESOLVED THAT INSERT MUNICIPALITY request that the Government of Ontario remove proposed amendments to the Conservation Authorities Act and Planning Act in Bill 229 relating to planning, permitting and enforcement, and include strengthened provisions related to enforcement, in order to support a balanced approach to development, enable conservation authorities to mitigate natural hazards and protect natural heritage, and to prevent any downloading of enforcement costs to municipalities;

AND FURTHER THAT this resolution be forwarded to the Premier, the Minister of Environment, Conservation and Parks, the Minister of Natural Resources and Forestry, the Minister of Municipal Affairs and Housing, the Minister of Finance, all INSERT MUNICIPALITY MPPs, all conservation authorities serving our jurisdiction, and the Association of Municipalities of Ontario.

52 53 100 Whiting Avenue Oshawa, Ontario L1H 3T3 Phone (905) 579-0411 Fax (905) 579-0994

Web: www.cloca.com Email: [email protected]

Member of Conservation Ontario November 18, 2020 CLOCA File: ASLA3

Re: Bill 229 An Act to implement Budget measures and to enact, amend and repeal various statutes

The Central Lake Ontario Conservation Authority’s Board Meeting held November 17, 2020 passed the following resolution (Res. #76).

WHEREAS the Province has introduced Bill 229, Protect, Support and Recover from COVID 19 Act - Schedule 6 – Conservation Authorities Act WHEREAS the Legislation introduces a number of changes and new sections that could remove and/or significantly hinder the conservation authorities’ role in regulating development, permit appeal process and engaging in review and appeal of planning applications WHEREAS we rely on the watershed expertise provided by local conservation authorities to protect residents, property and local natural resources on a watershed basis by regulating development and engaging in reviews of applications submitted under the Planning Act WHEREAS the changes allow the Minister to make decisions without CA watershed data and expertise WHEREAS the Legislation suggests that the Minister will have the ability to establish standards and requirements for non-mandatory programs which are negotiated between the conservation authorities and municipalities to meet local watershed needs WHEREAS the changes to the ‘Duty of Members’ contradicts the fiduciary duty of a CA board member to represent the best interests of the conservation authority and its responsibility to the watershed WHEREAS conservation authorities have already been working with the Province, development sector and municipalities to streamline and speed up permitting and planning approvals through Conservation Ontario’s Client Service and Streamlining Initiative WHEREAS changes to the legislation will create more red tape and costs for the conservation authorities, and their municipal partners, and potentially result in delays in the development approval process AND WHEREAS municipalities value and rely on the natural habitats and water resources within our jurisdiction for the health and well-being of residents; municipalities value the conservation authorities’ work to prevent and manage the impacts of flooding and other natural hazards; and municipalities value the conservation authority’s work to ensure safe drinking water THEREFORE, BE IT RESOLVED THAT CLOCA’s Board of Directors request that the Government of Ontario remove Schedule 6 from Bill 229. AND FURTHER THAT the Boards resolution and a copy of this report be forwarded to the Premier, Minister of Environment, Conservation and Parks, the Minister of Natural Resources and Forestry, the Minister of Municipal Affairs and Housing, the Minister of Finance, MPPs in our jurisdiction, and CLOCA’s partner municipalities. CARRIED

Chris Darling, MCIP, RPP Chief Administrative Officer [email protected]

Healthy watersheds for54 today and tomorrow. Central Lake Ontario Conservation

Distribution list:

Honourable Doug Ford, Premier of Ontario ([email protected]) Honourable Jeff Yurek, Minister of Environment, Conservation and Parks ([email protected]), ([email protected]) Honourable Steve Clark, Minister of Municipal Affairs and Housing ([email protected]) Honourable John Yakabuski, Minister of Natural Resources and Forestry ([email protected]) Honourable Rod Phillips, Minister of Finance ([email protected]), ([email protected]) Honourable Jennifer French, M.P.P., Oshawa ([email protected]) Honourable Lorne Coe, M.P.P., Whitby ([email protected]) Honourable Lindsey Park, M.P.P., Durham ([email protected]) Region of Durham, Clerk ([email protected]) City of Oshawa, Clerk ([email protected]) Municipality of Clarington, Clerk ([email protected]) Town of Whitby, Clerk ([email protected]) Town of Ajax, Clerk ([email protected]) City of Pickering, Clerk ([email protected]) Township of Scugog, Clerk ([email protected]) Township of Uxbridge, Clerk ([email protected])

CD/bb s:\chris\2020\bill 229 an act to implement budget measures and to enact amend and repeal various statutes.docx

55 56 57

November 25, 2020

Hon. Sylvia Jones Solicitor General George Drew Building,18th Floor 25 Grosvenor St. Toronto, ON M7A 1Y6

Re: Schedule 6 of Bill 229 - Open Letter to the Honourable Sylvia Jones, MPP for Dufferin-Caledon

Dear Honourable Sylvia Jones: Mono Council unanimously passed a resolution at its meeting of November 24, 2020 and we append a copy of it to this letter. Mono is a member of three conservation authorities – Toronto Region, Credit and the Nottawasaga. We value the services provided – all services but in particular the assistance in making planning decisions that protect our drinking water, that protect us from developing in flood-prone areas and that protect our wetlands and aquifers. In 2021 Mono will spend $133,365 on conservation authorities. If we had to hire our own employees – engineers, planners, ecologists, hydrogeologists, foresters, outdoor educational staff, etc. – to do its own work, we would spend much more than $133,365 for these services. We were not impressed with Schedule 6 to Bill 229. It undermines the power of conservation authorities to do their job. And we were particularly unimpressed when your government slipped these proposed changes to the Conservation Authorities Act into a Budget Bill. We are concerned that Schedule 6 undermines the ability of conservation authorities to make non-political, technical decisions based on science. It does this by allowing the Minister to over- rule the decisions of conservation authorities. Schedule 6 will also interfere with the fiduciary duty of a conservation authority board member. Board members have to think of watershed- wide interests in making decisions. We are also concerned that Schedule 6 limits the enforcement powers of conservation authorities. We have to agree with the Canadian Environmental Law Association (CELA) assessment of Schedule 6 of Bill 229, “the package of amendments as proposed are likely to set back watershed planning and implementation of an ecosystem-based approach by decades. As such, CELA recommends

P: 519.941.3599 E: [email protected] 347209 Mono Centre Road F: 519.941.9490 W: townofmono.com Mono, ON L9W 6S3 58 that Schedule 6 not be enacted in its present form and instead be withdrawn in its entirety from Bill 229.” Sincerely,

The Council of the Town of Mono Mayor Laura Ryan Deputy Mayor John Creelman Councillor Ralph Manktelow Councillor Sharon Martin Councillor Fred Nix

Attachments: 1. Town of Mono Resolution 6-VC17-2020 passed November 24, 2020

CC: Hon. Doug Ford, Premier Hon. Rod Phillips, Minister of Finance Hon. Jeff Yurek, Minister of the Environment, Conservation and Parks Andrea Horwath, Leader, Official Opposition Steven Del Duca, Leader, Ontario Liberal Party Mike Schreiner, Leader, Green Party of Ontario Sandy Shaw, Critic, Finance and Treasury Board Ian Arthur, Critic, Environment Peter Tabuns, Critic, Climate Crisis

Email copies to: NVCA, CVC, TRCA, Canadian Environmental Law Association, AMO & all Ontario municipalities

P: 519.941.3599 E: [email protected] 347209 Mono Centre Road F: 519.941.9490 W: townofmono.com Mono, ON L9W 6S3 59 Resolution #6-VC17-2020 Moved by Ralph Manktelow, Seconded by Fred Nix WHEREAS the Province has introduced Bill 229, Protect, Support and Recover from COVID 19 Act - Schedule 6 – Conservation Authorities Act; AND WHEREAS the Legislation introduces several changes and new sections that could remove and/or significantly hinder conservation authorities’ role in regulating development, permit appeal process and engaging in review and appeal of planning applications; AND WHEREAS we rely on the watershed expertise provided by local conservation authorities to protect residents, property, and local natural resources on a watershed basis by regulating development and engaging in reviews of applications submitted under the Planning Act; AND WHEREAS the changes allow the Minister to make decisions without conservation authority watershed data and expertise; AND WHEREAS the Legislation suggests that the Minister will have the ability to establish standards and requirements for non-mandatory programs which are negotiated between the conservation authorities and municipalities to meet local watershed needs; AND WHEREAS the $133,365 that Mono spends on three conservation authorities (1% of budget) is a bargain for the services provided and begs the question as to why Mono would have to enter into three separate agreements for services it now happily receives - without further red tape; AND WHEREAS municipalities believe that the appointment of municipal representatives on conservation authority boards should be a municipal decision; and the Chair and Vice Chair of the conservation authority boards should be duly elected; AND WHEREAS it is sometimes not practical for the Town of Mono to appoint only council members (particularly if this excludes mayors and deputy mayors) to each of the three conservation authorities that service our municipality; AND WHEREAS it has been the Town of Mono’s experience with the Nottawasaga Valley Conservation Authority that having a chair or vice-chair serve for more than one year has produced experienced individuals; AND WHEREAS the changes to the ‘Duty of Members’ contradicts the fiduciary duty of a conservation authority board member to represent the best interests of the conservation authority and its responsibility to the watershed; AND WHEREAS conservation authorities have already been working with the Province, development sector and municipalities to streamline and speed up permitting and planning approvals through Conservation Ontario’s Client Service and Streamlining Initiative;

P: 519.941.3599 E: [email protected] 347209 Mono Centre Road F: 519.941.9490 W: townofmono.com Mono, ON L9W 6S3 60 AND WHEREAS changes to the legislation will create more red tape and costs for the conservation authorities, their municipal partners, and potentially result in delays in the development approval process; AND WHEREAS municipalities value and rely on the natural habitats and water resources within conservation authority jurisdictions for the health and well-being of residents; municipalities value conservation authorities’ work to prevent and manage the impacts of flooding and other natural hazards; and municipalities value conservation authorities’ work to ensure safe drinking water; THEREFORE, BE IT RESOLVED THAT: (i) the Province of Ontario repeal Section 6 of the Budget Measures Act (Bill 229), and (ii) that the Province continue to work with conservation authorities to find workable solutions to reduce red tape and create conditions for growth; AND FURTHER THAT while we would prefer that Bill 229, Schedule 6 be repealed in its entirety, Council for the Town of Mono recommends the following amendments (in descending order of importance): 1. Delete the option for a person to appeal to LPAT or directly to the Minister; 2. Maintain the proposed stop work orders and property access; 3. Allow non mandatory programs as deemed advisable by each Conservation board; 4. Allow appointment of a member of the public to the Board and specify 'municipally elected official' rather than ‘municipal councillor’ which may exclude mayors, and continue to allow board chairs and vice chairs to serve more than one consecutive term.

"Carried" This motion was passed unanimously.

P: 519.941.3599 E: [email protected] 347209 Mono Centre Road F: 519.941.9490 W: townofmono.com Mono, ON L9W 6S3 61

November 25, 2020

Hon. Sylvia Jones Solicitor General George Drew Building,18th Floor 25 Grosvenor St. Toronto, ON M7A 1Y6

RE - Bill 229 and the Conservation Authorities

Dear Honourable Sylvia Jones:

Shelburne Town Council passed the following resolution unanimously at its Council meeting held Monday November 23, 2020:

Moved By Councillor Walter Benotto Seconded By Councillor Kyle Fegan

WHEREAS the Province has introduced Bill 229, Protect, Support and Recover from COVID 19 Act - Schedule 6 - Conservation Authorities Act; and WHEREAS the Legislation introduces a number of changes and new sections that could remove and/or significantly hinder the conservation authority’s’ role in regulating development, permit appeal process and engaging in review and appeal of planning applications; and WHEREAS we rely on the watershed expertise provided by local conservation authorities to protect residents, property and local natural resources on a watershed basis by regulating development and engaging in reviews of applications submitted under the Planning Act; and WHEREAS the changes allow the Minister to make decisions without conservation authority watershed data and expertise; and

203 Main Street East, Shelburne, Ontario L9V 3K7 Tel: 519-925-2600 Fax: 519-925-6134 Web: www.shelburne.ca

WHEREAS the Legislation suggests that the Minister will have the ability to establish standards and requirements for non-mandatory programs which are negotiated between the conservation authorities and municipalities to meet local watershed needs; and WHEREAS municipalities believe that the appointment of municipal representatives on Conservation Authority Boards should be a municipal decision, and the Chair and Vice Chair of the Conservation Authority Board should be duly elected; and WHEREAS the changes to the 'Duty of Members' contradicts the fiduciary duty of a Conservation Authority Board member to represent the best interests of the conservation authority and its responsibility to the watershed; and WHEREAS conservation authorities have already been working with the Province, development sector and municipalities to streamline and speed up permitting and planning approvals through Conservation Ontario's Client Service and Streamlining Initiative; and WHEREAS changes to the legislation will create more red tape and costs for the conservation authorities, and their municipal partners, and potentially result in delays in the development approval process; and WHEREAS municipalities value and rely on the natural habitats and water resources within our jurisdiction for the health and well-being of residents; municipalities value the conservation authorities work to prevent and manage the impacts of flooding and other natural hazards; and municipalities value the conservation authority's work to ensure safe drinking water; NOW THEREFORE BE IT RESOLVED: 1. That the Province of Ontario repeal Schedule 6 of the Budget Measures Act (Bill 229);

2. THAT the Province continue to work with conservation authorities to find workable solutions to reduce red tape and create conditions for growth;

3. THAT the Province respect the current conservation authority and municipal relationships; and

4. THAT the Province embrace their long-standing partnership with the conservation authorities and provide them with the tools and financial resources they need to effectively implement their watershed management role.

CARRIED, Mayor Wade Mills

This motion was passed unanimously.

Thank You

J. Willoughby

Jennifer Willoughby Director of Legislative Services/Clerk Town of Shelburne

Email copies to: NVCA, CVC, TRCA, Canadian Environmental Law Association, AMO & all Ontario municipalities

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November 18, 2020

Doug Ford, Premier Legislative Building Queen's Park Toronto ON M7A 1A1 Sent via email: [email protected]

To whom it may concern:

Re: Grey Highlands Council resolution re: Bill 229

Please be advised that the following resolution was passed at the November 18, 2020 meeting of the Council of the Municipality of Grey Highlands.

2020-747 Cathy Little, Dane Nielsen Whereas the Province has introduced Bill 229, Protect, Support and Recover from COVID 19 Act - Schedule 6 – Conservation Authorities Act; and Whereas the Legislation introduces a number of changes and new sections that could remove and/or significantly hinder the conservation authorities’ role in regulating development, permit appeal process and engaging in review and appeal of planning applications; and Whereas we, the Municipality of Grey Highlands, rely on the watershed expertise provided by local conservation authorities to protect residents, property and local natural resources on a watershed basis by regulating development and engaging in reviews of applications submitted under the Planning Act; and Whereas the changes allow the Minister to make decisions without CA watershed data and expertise; and Whereas the Legislation suggests that the Minister will have the ability to establish standards and requirements for non-mandatory programs which are negotiated between the conservation authorities and municipalities to meet local watershed needs; and Whereas these proposed changes will impact Ontario’s ability to adapt to and mitigate the effects of climate change by undermining the work of conservation authorities to keep development out of high risk areas and protect natural infrastructure; and Whereas municipalities require a longer transition time to put in place agreements with conservation authorities for non-mandatory programs; and Whereas municipalities believe that the appointment of municipal representatives on conservation authority Boards should be a municipal decision; and the Chair and Vice Chair of the conservation authority Board should be elected as per the discretion of the conservation authority Board; and

The Municipality of Grey Highlands  206 Toronto Street South, Unit One P.O. Box 409 Markdale, Ontario N0C 1H0 519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643  www.greyhighlands.ca 65  [email protected] P a g e | 2

Whereas the changes to the ‘Duty of Members’ contradicts the fiduciary duty of a conservation authority board member to represent the best interests of the conservation authority and its responsibility to the watershed; and Whereas conservation authorities have already been working with the Province, development sector and municipalities to streamline and speed up permitting and planning approvals through Conservation Ontario’s Client Service and Streamlining Initiative; and Whereas changes to the legislation will create more administrative burden and costs for the conservation authorities, and their municipal partners, and potentially result in delays in the development approval process; and Whereas the combined contribution of municipal levy and self-generated revenues support 93% of the Grey Sauble Conservation Authority budget; and Whereas the Provincial contribution to this budget is 7%, the majority of which is for Drinking Water Source Protection; and Whereas municipalities value and rely on the natural habitats and water resources within our jurisdiction for the health and well-being of residents; municipalities value the conservation authorities’ work to prevent and manage the impacts of flooding and other natural hazards; and municipalities value the conservation authority’s work to ensure safe drinking water; now

Therefore be it resolved that the Province of Ontario work with conservation authorities to address their concerns by removing Schedule 6 from Bill 229 which affects changes to the Conservation Authorities Act and the Planning Act; and That the Province of Ontario delay enactment of clauses affecting municipal concerns; and That the Province of Ontario provide a longer transition period up to December 2022 for non-mandatory programs to enable coordination of conservation authority-municipal budget processes; and That the Province respect the current conservation authority/municipal relationships; and That the Province embrace their long-standing partnership with the conservation authorities and provide them with the tools and financial resources they need to effectively implement their watershed management role. CARRIED.

Sincerely,

Raylene Martell Director of Legislative Services/Municipal Clerk Municipality of Grey Highlands

Cc: Hon. Rod Phillips, Minister of Finance ([email protected]) Hon. Jeff Yurek, Minister of Environment Conservation and Parks ([email protected]) Hon. John Yakabuski, Minister of Natural Resources and Forestry ([email protected]) Hon Bill Walker, MPP ([email protected]); Conservation Ontario ([email protected]); Saugeen Valley Conservation Authority ([email protected]) Nottawasaga Valley Conservation Authority ([email protected]) Grey Sauble Conservation Authority ([email protected]) All Ontario Municipalities

RE: Propose Changes to the Conservation Authorities Act: Schedule 6 of Bill 229

Please be advised that Township of Puslinch Council, at its meeting held on November 18, 2020 considered the aforementioned topic and subsequent to discussion, the following was resolved:

Resolution No. 2020-331: Moved by Councillor Bulmer and Seconded by Councillor Sepulis

That the Consent Agenda items 6.2, 6.3, 6.10, 6.11, 6.12, and 6.13 be received; and

GIVEN THAT The Township of Puslinch does not want to see an increased risk to public safety, or increased liabilities to the Province, municipalities, and conservation authorities. Nor does the Township of Puslinch want more red tape, disruption and ultimately delays in helping the government achieve its goal of economic recovery; and

GIVEN the time sensitive nature of this Bill, we encourage the Province to consult with Municipalities and Conservation Authorities in an expedient manner; and

GIVEN that the Township of Puslinch feels that there are better solutions to deal with actual and perceived issues.

BE IT RESOLVED THAT The Township of Puslinch respectfully requests the Province to withdraw Schedule 6 from Bill 229 until a more thorough analysis of the appropriate solutions can take place, with more clarity on what problems were identified through the consultation process. The Township of Puslinch also encourage the Province to engage with municipalities and Conservation Authorities as the Province works on regulations that will eventually define the various Conservation Authorities Act clauses. The Township of Puslinch feels this is critical to ensure that the focus and performance of Conservation Authorities is actually improved where required.

FURTHER that this resolution be forwarded to the Premier, the Minister of the Environment, Conservation and Parks, the Minister of Municipal Affairs and Housing,

the Minister of Natural Resources and Forestry, Minister of Finance, Conservation Ontario, MPP Ted Arnott, and all Ontario Municipalities.

CARRIED

As per the above resolution, please accept a copy of this correspondence for your information and consideration.

Sincerely, Courtenay Hoytfox Deputy Clerk

For Immediate Release

November 12, 2020

Cause for Alarm Over Proposed Changes to the Conservation Authorities Act

BURLINGTON— Conservation Halton (CH) has reviewed the Province’s proposed changes to the Conservation Authorities Act (CA Act) which were released last week in the 2020 Ontario Budget (Bill 229). CH is encouraged that the purpose of the Act to provide for the organization and delivery of programs and services that further conservation, restoration, development, and management of natural resources in Ontario watersheds remains. CH remains fully supportive of the Province’s stated intent to modernize the watershed-based scope, good governance, service delivery and sustainability of all Conservation Authorities (CAs). CH is, however, concerned that some of the proposed amendments will significantly diminish the ability of CAs to ensure that both people and property are safe from natural hazards, while also protecting Ontario’s environment.

The proposed amendments would grant new powers to the Minister of Natural Resources and Forestry that would allow the Minister to make decisions regarding permit applications and appeals in place of the CA, without the non-partisan technical input and expertise of CAs. Bill 229 also proposes amendments to the Planning Act, which if passed, would prohibit CAs from appealing a municipal planning decision to the Local Planning Appeal Tribunal (LPAT) or becoming a party to an appeal before LPAT. While there are currently checks and balances in place to ensure the safe development of communities, CH is concerned that new amendments will allow circumvention that leaves the possibility for development decisions that are both unsafe and negatively impact the environment.

“There are a number of disappointing proposed changes that have the potential to undermine conservation authorities and our ability to make science-based watershed management decisions in the interest of public health and safety, ” said Hassaan Basit, CEO of Conservation Halton. “Living through the pandemic, we have seen first-hand just how important our environment and wetlands are to our residents. We do not want to see any decisions made that increase the risks from natural hazards, especially as we continue to work to mitigate climate change and conserve our watershed to allow for responsible growth today, without sacrificing the right of future generations to do the same.”

CH views the governance changes calling for municipal councillors to make up the sole membership of the Board, while also being instructed to represent the interests of their respective municipalities, and not those of the CA or watershed residents, extremely problematic. This will create an environment in which fiduciary duties and responsibilities to the conservation authority are not upheld.

Further, CH is disappointed in the proposed removal of the un-proclaimed stop work orders and limitations on power to entry provisions that this government had previously agreed to grant CAs. The removal of this tool takes away the ability to enforce regulations that keep life and property safe. It also diminishes the ability to address environmental violations early and work with stakeholders to remedy problems, leaving no tools but to pursue costly and time-consuming charges through the courts when violations occur.

72 While CH waits for updated regulations to better understand how the proposed amendments are to be implemented, it is concerned that there may be many unintended consequences that put the environment and communities at risk, through opaque and financially costly decisions.

As a result of these collective concerns, CH encourages residents of the watershed, its network of supporters, and partner municipalities to reach out to the Premier, the Minister of the Environment, Conservation and Parks, the Minister of Municipal Affairs and Housing, the Minister of Natural Resources and Forestry, as well as their local MPPs over the next two weeks to request that they review and address its concerns before this Bill is enacted.

-30-

Conservation Halton is the community based environmental agency that protects, restores, and manages the natural resources in its watershed. The organization has staff that includes ecologists, land use planners, engineers, foresters and educators, along with a network of volunteers, who are guided by a Board of Directors comprised of municipally elected and appointed citizens. Conservation Halton is recognized for its stewardship of creeks, forests and Niagara Escarpment lands through science-based programs and services.

Media Contact Stephanie Bright Public Relations Specialist Conservation Halton Email: [email protected]

73 For Immediate Release: Friday, November 13, 2020

HCA’s preliminary response to the Province’s proposed changes to the Conservation Authorities Act

On November 5, the Province released proposed changes to the Conservation Authorities Act as part of its omnibus bill of the provincial budget. The Province has stated they are amending the Act to improve transparency and consistency in conservation authority operation, strengthen municipal oversight and streamline conservation authority roles in permitting and land use planning. Additional regulations under the Act are still to be provided later this fall.

Hamilton Conservation Authority (HCA) staff have reviewed the proposed changes and support enhanced conservation transparency and accountability which is already undertaken by making key documents publicly available; including meeting agendas, meeting minutes, and annual audits. We are encouraged that the Province has reconfirmed our purpose to provide for conservation, restoration source water protection and natural resources management.

However, while we wait for updated regulations to better understand how the changes are to be implemented, we are concerned that proposed changes to the Conservation Authorities Act and the Planning Act if passed, would reduce our ability to protect the natural environment and our watershed, and remove citizen representation on our Board.

Proposed changes provide new appeal avenues for permit applications to go to the Local Planning Appeal Tribunal (LPAT) and even the ability of the Minister of Natural Resources and Forestry to issue certain permits in place of the conservation authority. An appeal process already exists to applicants directly to the HCA Board. Conservation authorities are important agencies who help protect Ontario’s environment. Their science-based watershed information helps to steer development to appropriate places where it will not harm the environment or create risks to people.

The Province also proposes an amendment to the Planning Act, which if passed, would not allow conservation authorities to appeal a municipal planning decision to the LPAT to represent our interests, unless requested through an agreement with the municipality or the Province. To date, this has not been an issue with the Hamilton Conservation Authority but is an important tool to have. This could also impact our right to appeal planning decisions as a landowner. This is a concern as our conservation lands, made up of 11,000 acres of forests, 145 km of trails, fields, streams, wildlife and plant life, are under HCA’s care and protection, as they have been for over 60 years.

P.O Box 81067, 838 Mineral Springs Road, Ancaster, Ontario L9G 4X1 | P: 905‐525‐2181 [email protected] | www.conservationhamilton.ca Conservation authorities have long requested for the ability to issue stop work orders to protect environmentally sensitive areas. The updated Act removes un-proclaimed provisions for this enhanced enforcement and only retains the current tools such as fines and possible prosecution and these existing tools do not provide the ability to effectively stop any significant threats and impacts.

If passed, HCA would lose citizen representatives on its board who currently make up half the board of directors. These members provide expertise in varied fields and provide input on HCA programs and services from a citizen’s point of view. The proposed amendments would also require municipally appointed councillors to make decisions in the best interest of the municipality and not the conservation authority and its watershed. This is contrary to proper board governance.

In these stressful times, nature and the outdoors play an important role in people’s mental and physical health. After this year, we have seen just how important these spaces, and that protection, is for our community. We will continue promoting our vision of a healthy watershed for everyone. HCA staff will also continue to work collaboratively with all parties to better understand and determine what these changes will mean for conservation authorities in general and for the protection of our watersheds.

Public consultation is not required on these proposals as it has been incorporated as part of the budget. We encourage our watershed residents, municipal partners and supporters to reach out to the Premier, the Minister of Environment, Conservation and Parks and the Minister of Natural Resources and Forestry as well as their local MPP’s to ask them to address the concerns outlined above, before the Bill is enacted.

Media Contact:

Councillor Lloyd Ferguson, HCA Chair 905-973-1359 [email protected]

Lisa Burnside, HCA CAO 905-525-2181, ext. 126 [email protected]

This media release has been formatted to be an accessible document. Should you require this information in an alternate format, please contact the Hamilton Conservation Authority at 905-525-2181 and we will be happy to assist you.

P.O Box 81067, 838 Mineral Springs Road, Ancaster, Ontario L9G 4X1 | P: 905‐525‐2181 [email protected] | www.conservationhamilton.ca November 14, 2020

Hon. Doug Ford Hon. Jeff Yurek Hon. John Yakabuski Hon. Steve Clark MPP Stephen Crawford

Re: Bill 229 - Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020. Schedule 6:Conservation Authorities Act

As voting citizens, we register our strong objections to Schedule 6 of Bill 229 and recommend it not be enacted in its present form, and be withdrawn in its entirety from Bill 229.

We are shocked to ﬁnd our legislators using a Bill purported to be a plan for recovery from a global pandemic as a vehicle to undermine the powers of our Conservation Authorities (CA) and jeopardize our protected forests and wetlands.

As Canadians, we are deeply troubled by the ever increasing regularity of our provincial government’s propensity toward omnibus bills which limit opportunities for debate and scrutiny. Indeed, we ﬁnd on the same day the government tabled Bill 229, an Environmental Registry of Ontario (ERO) bulletin titled Updating the Conservation Authorities Act3 (ERO # 019-2646) was also posted stating that public consultation is not required under Ontario’s Environmental Bill of Rights, 19934 (EBR), because the proposed amendments form part of a budget.

It is shameful to think that as our collective focus is on dealing with Covid-19 and its severe impacts on our lives and livelihoods, our elected ofﬁcials table legislation to make substantive changes to environmental laws while sidestepping the public’s EBR rights.

At a time when it is becoming increasingly more evident that we need climate resilience, it appears the package of amendments as proposed in Schedule 6 are likely to set back watershed planning and implementation of an ecosystem-based approach by decades. Conservation Authorities are a vital line of defence for the natural spaces that mitigate ﬂood risk, provide precious land for hiking, ﬁshing and escape into nature and are an essential habitat for the many species of wildlife, including endangered species that call Ontario home. If we lose these spaces, we can’t get them back.

The majority of the Schedule 6 amendments are regressive in nature and are completely contradictory to fulﬁlling both the purpose of the Conservation Authorities Act and the desire to set the course for more climate resilient communities in the future.

76 If enacted, Schedule 6 would • give direct decision making power over proposed development in environmentally sensitive areas, to the Minister of Natural Resources and allow the Minister to make decisions regarding permit applications and appeals in place of the Conservation Authority, thereby eliminating the non-partisan technical input and expertise of CAs.

• allow developers to appeal conservation authority decisions directly to the Minister.

• prohibit CAs from appealing a municipal planning decision to the Local Planning Appeal Tribunal (LPAT) or becoming a party to an appeal before LPAT.

• have the potential to undermine conservation authorities and their ability to make science-based watershed management decisions in the interest of public health and safety.

• institute governance changes to CA boards to have municipal councillors comprise the sole membership, while being instructed to represent the interests of their respective municipalities, and not those of the CA or watershed residents. This will create an environment in which ﬁduciary duties and responsibilities to the conservation authority are not upheld.

• narrow the CAs authority from providing “programs and services designed to further the conservation, restoration, development and management of natural resources other than gas, oil, coal and minerals” (CAAct, s20(1)) to only one of three categories: (i) mandatory programs and services, (ii) municipal programs and services, and (iii) other programs and services (new CAAct provision 20(1)).

As constituents of Ontario, we have not be able to protect our population against a deadly pandemic, however we are able to direct our elected ofﬁcials to take decisive steps to effectively protect, restore and manage our watersheds, protected forests and wildlife habitats thereby ensuring a climate resilient Ontario.

Our direction is to withdraw Schedule 6 in its entirety from Bill 229.

Respectfully,

Pamela Knight President

Donald Cox Vice President cc: Oakville Town Council Members A. Gohel

The Honourable Doug Ford Premier of Ontario

The Honourable Jeff Yurek Minister of the Environment, Conservation, and Parks Ministry of the Environment, Conservation, and Parks

The Honourable Rod Phillips Minister of Finance Ministry of Finance

November 17, 2020

Dear Premier Ford, Minister Yurek and Minister Phillips,

We are writing to you today in response to the proposed amendments to the Conservation Authorities Act (CA Act), contained in Schedule 6, Bill 229. We anticipate that some of the more prescriptive changes proposed in Bill 229 will lead to the opposite of your government’s stated desire to help conservation authorities (CA) modernize and operate with greater focus, transparency and efficiency.

The Progressive Conservative Government under the leadership of George Drew passed the Conservation Authorities Act and the Planning Act. He recognized that Ontario needed to invest in a sound transformative strategy to help Ontarians recover from the devastation of World War Two, not just economically, but also emotionally, as a community. These progressive actions were further strengthened by Premier Frost. Today, as the Province faces unprecedented pressures from both, a global pandemic and climate change, we need to strengthen the cooperative role played by CAs.

For over 60 years, Conservation Halton (CH) has served the interests of its residents and stayed true to those founding principles – conserving the environment to enable watershed communities to prosper socially and economically while ensuring resilience and safety for generations to come. From planting four million trees, to managing 11,000 acres of land, teaching millions of children, ensuring people build their homes and businesses in safe places and constantly checking the pulse of our environment through monitoring and restoration, CH has been a trusted, accountable partner to the Province and our municipalities. Today, CH serves over one million residents in one of the fastest growing areas in Ontario. Our residents and municipalities depend on us to deliver cost-effective services that ensure growth and development support sustainable and vibrant communities.

CH has played a collaborative role in the previous consultations regarding the modernization of the CA Act. While it was unexpected to see further proposed changes to the Act in Bill 229, we are encouraged that the purpose of the Act to provide for the organization and delivery of programs and services that

further conservation, restoration, development, and management of natural resources in Ontario watersheds remains the same.

It is our view that several of the proposed amendments will increase the risk to life and property from natural hazards and the degradation of the environment. We respectfully request you withdraw Schedule 6 from Bill 229 until a more thorough analysis of the appropriate solutions can take place, with more clarity on what problems were identified through the consultation process. We also encourage you to engage with CAs as you work on regulations that will eventually define the limits of the various CA Act clauses. We feel this is critical to ensure that the focus and performance of CAs is actually improved.

Several changes, such as those related to governance, ministerial authority to issue permits, the removal of our ability to appeal decisions at LPAT, and the removal of enforcement tools will lead to increased administrative costs, red tape, delays, and above all bring into question the integrity and transparency of the permitting and planning process. These changes will also result in a more uncertain, litigious and discordant atmosphere, which will hinder our ability to work with applicants to find practical solutions for safe development. These changes will undo the hard work CH has done over the last five years to ensure we are customer-centric, accountable, efficient and solutions oriented. Specifically:

• There is no duplication, red tape or going beyond our mandate CH and our municipal partners work in a complementary way, avoid duplication of effort and remain focused on our core responsibilities through detailed MOUs and workplans. CH worked with our partners and customers to develop clear, quantifiable service delivery targets, which we have achieved, and publicly reported on with consistency. We track all permitting and plan review metrics on a quarterly basis to ensure nothing is slipping.

• Our permit/planning fees only cover the cost to review and we have high service standards CH works with the development industry to ensure there is transparency on how our fees are determined, what costs are included and what standard of service we deliver in exchange. This approach is highly appreciated by our BILD chapter and they have encouraged other agencies to adopt our approach. We will be happy to share correspondence to this effect with you. We work on a cost-recovery model to ensure we keep the cost to taxpayers as low as possible.

• The integrity of the permitting process will be compromised – these amendments will increase risk, liability, delays, and lead to inconsistency CH currently issues 95% of minor permits and 98% of major permits within 30 and 90 review days respectively (not calendar days). We value the process as much as we value the output of our services in this area. It is our view that the proposed amendments that would allow the Minister of Natural Resources and Forestry jurisdiction over certain permit applications and the appeal process has the potential to allow individuals to circumvent checks and balances that exist to protect the communities in our watersheds. It is unclear whether the minister would have regard for local conditions, technical input or Board-approved policies. These proposed changes may inadvertently cause more people in the community to be at risk, rather than protected, from natural hazards.

• The amendments introduce a “stakeholder governance model” that has no legal precedence The proposed changes to the composition of CA boards negatively disrupts what is currently a relatively apolitical structure. This will significantly reduce the capacity of boards to make

decisions on a watershed basis. Our Board of Directors carry out their fiduciary responsibilities, guide strategy, approve policies in support of our Provincial and municipal responsibilities and track performance. They ensure CH makes decisions with integrity, based solely on our core responsibilities. It is our view that changing the composition to reflect elected officials that represent the interests of their respective municipalities creates a setting ripe for conflict of interest. It runs counter to all governance principles.

• These amendments compromise our ability to create jobs & deliver services without tax dollars Conservation Halton is focused on our core programs. We are equally competent and resourceful in providing further opportunities for Ontarians in recreation and education on our conservation lands—especially during the pandemic when the need for safe and accessible greenspace is at an all-time high—and we are even more proud that we are able to fund these opportunities 100% self-sufficiently. Our responsible monetization of assets and generation of revenue creates value for the community as well as employment opportunities. We are concerned that should the Ministry set fees or other limits on non-mandatory programs and services—particularly those that we already successfully run without the support of tax dollars—our ability to provide important recreational, educational, and employment opportunities that allow our community to interact with conservation will be significantly diminished. Our municipal levy for 2021 is under 28% and the provincial contribution is close to 2% of our total budget. We have worked hard to achieve such low reliance on taxpayer funding. At the same time, we have expanded access to our parks by 35% this season, giving Ontario families a safe place to visit during the COVID-19 pandemic.

In conclusion, we do not want to see an increased risk to public safety, or increased liabilities to the Province, municipalities, and conservation authorities. Nor do we want more red tape, disruption and ultimately delays in helping the government achieve its goal of economic recovery. Given the time sensitive nature of this Bill, we encourage the Province to consult with Conservation Halton and other CAs in an expedient manner. We have attached a more detailed (Board) report on our key concerns.

We appreciate you taking the time to consider our concerns. We feel there are better solutions to deal with actual and perceived issues. We would be pleased to discuss these and our desire to work with you to define the governing regulations at your earliest convenience. Please contact Conservation Halton CEO, Hassaan Basit ([email protected]) so we can help support your mandate while ensuring success for all stakeholders.

Regards,

Gerry Smallegange

Chair, Conservation Halton Board of Directors

Mayor Rob Burton, BA, MS Mayor Gordon Krantz

Town of Milton Town of Oakville

Mayor Marianne Meed Ward Mayor Rick Bonnette

City of Burlington Town of Halton Hills

Cc: The Honourable John Yakabuski, Minister of Natural Resources and Forestry Ministry of Natural Resources and Forestry

The Honourable Steve Clark, Minister of Municipal Affairs and Housing Minister of Municipal Affairs and Housing

Ted Arnott MPP Wellington—Halton Hills

Jane McKenna MPP Burlington

Effie J. Triantafilopoulos MPP Oakville North—Burlington

Stephen Crawford MPP Oakville

Parm Gill MPP Milton

Andrea Horwath MPP Hamilton Centre

Sandy Shaw MPP Hamilton West—Ancaster—Dundas

Rudy Cuzzetto MPP Mississauga—Lakeshore

Donna Skelly MPP Flamborough-Glanbrook

Courtenay Hoytfox

From: Susan Fielding Sent: Tuesday, November 17, 2020 4:05 PM To: John Sepulis; James Seeley; Jessica Goyda; Sara Bailey; Matthew Bulmer; Glenn Schwendinger; Courtenay Hoytfox; Mayor Chris White Subject: Comments of Conservation Authority Proposed Changes

Good afternoon Mayor and Councillors: I was asked to share this email and I ask it be added to tomorrow's agenda along with the other correspondence from Hamilton and Halton Conservation Authorities. Any support you would consider lending to the concerns outlined would be most appreciated. The following email is from Councillor Tom Jackson, a long-time member of Hamilton Council and on the Hamilton Conservation Authority Board.

Subject: Province's Proposal to Eliminate Volunteer Citizen Members on THE HCA Board!!

Dear Mayor Eisenberger and Councillor (HCA Chairman) Ferguson....I heard with dismay and disappointment the above announcement in the last 48 hours!! IF The Province wishes to move forward on this, it will be an absolute shame and disservice to our encouragement of Citizen engagement and participation on an august Board such as the HCA. It boggles my mind why they would even consider going down this path??!! With all due respect to elected members of local Council....to have hypothetically an 11 member HCA Board of only politicians might as well make the HCA a Standing Committee of City Council. One of the treasures I have truly enjoyed over the years has been working alongside volunteer citizen appointees on any Task Force/Board/Advisory Committee, etc., because of the "blend" of elected and non-elected Board members sitting at the same table, assisting in the advancement (and preservation) of that Organization/Service/Agency's mandate/vision/goals TOGETHER!! Plus...on this current Board of 11 voting members, IF The Province's proposal is not withdrawn, 6 less citizens will have the chance to serve their Community on a dynamic and esteemed Board via the appointnent process of City Council!! To conclude, if a resolution of our City Council is in order to forward MY (Hopefully OUR) objection to this misguided proposal, I am willing to assist with the motion OR instead to support anyone else that wishes to lead. Thanks for listening. Thoughts?? Councillor Jackson...P.S...HCA CAO Burnside or E.A. Tellier....Can you kindly ensure please that my email is forwarded to the citizen members of the HCA Board?? Thanks in advance. Councillor Jackson....P.P.S...(BTW Council Colleagues...this has nothing to do with the fact I am on the Board currently and do not wish other members of Council to possibly join. For what its worth...I left the Board after the 2014 Civic election to allow a new member of Council to join then.). Just sharing... Councillor Tom Jackson

-- Susan Fielding

1 82 Courtenay Hoytfox

From: Glenn Schwendinger Sent: Wednesday, November 18, 2020 9:00 AM To: John Sepulis Cc: Courtenay Hoytfox Subject: RE: We Need Your Support: Changes to the Conservation Authorities Act

From: Conservation Halton Reply‐To: Conservation Halton Date: Tuesday, November 17, 2020 at 6:29 PM To: John Sepulis Subject: We Need Your Support: Changes to the Conservation Authorities Act

View this email in your browser

To our Conservation Halton friends:

I hope you and your family are keeping well. I am writing to you today to ask for your support.

This year has been challenging for us all, but it has also given us an opportunity to take a step back and focus on the important things in life. If there has been any silver lining to our experience living through this pandemic, we have to say that it has been the spirit of community and renewed appreciation for nature that we have seen through the watershed over this past year.

On November 5, 2020, the provincial government tabled Bill 229 Protect, Support, and Recover from COVID-19 Act (Budget Measures), 2020. This piece of legislation encompasses more than just a budget in response to COVID-19 as its name might suggest. There have been several proposed changes to the Conservation Authorities Act within this Bill that we are concerned about. It is not a well-thought- out piece of legislation. We are hoping you can use your voice to support us in

1 83 expressing these concerns to the Province. Since the Province has picked a fast- track process to pass this Bill, timing is of the essence. We need our allies, customers, and supporters to act today by emailing the Premier and your local MPP and by getting loud on social media.

Our concerns with proposed CA Act amendments:

1) Ability for Developers to bypass CAs: Conservation Halton has a legislated responsibility to ensure development does not occur in flood hazard areas and that our creeks, valleys and wetlands are not adversely impacted. We work hard to ensure new development is balanced and that our communities are safe and livable, with ample greenspace. The amendments proposed by the Provincial government outline a process whereby developers and others can go around Conservation Authorities to have permits approved by the Province directly.

2) Ability of CH to continue to offer Parks: We are proud to provide opportunities in recreation and education on our conservation lands to members of our community—especially during the pandemic when the need for safe and accessible greenspace is at an all-time high—and we are even more proud that we are able to fund these opportunities 100% self-sufficiently. Our responsible monetization of assets and generation of revenue creates value for the community as well as employment opportunities. At the same time, we have expanded access to our parks by 35% this season, giving Ontario families a safe place to visit during the COVID- 19 pandemic. We are concerned that should the Ministry set fees or other limits on non-mandatory programs and services—particularly those that we already successfully run without the support of tax dollars—our ability to provide important recreational, educational, and employment opportunities that allow our community to interact with conservation will be significantly diminished.

3) Ability for CH to remain above politics and special interests: The proposed changes to the composition of CA boards negatively disrupts what is currently a relatively apolitical structure. Our Board of Directors carry out their fiduciary responsibilities, guide strategy, approve policies in support of our Provincial and municipal responsibilities and track performance. They ensure CH makes decisions

2 84 with integrity, based solely on our core responsibilities and remains apolitical, yet innovative and solution oriented. It is our view that changing the composition to reflect elected officials that represent the interests of their respective municipalities creates a setting ripe for conflict of interest.

4) Ability to monitor, restore and grow our natural areas: Conservation Halton’s mission is to help protect the natural environment, from lake to escarpment, for the benefit and enjoyment of present and future generations. Protecting and maintaining our natural heritage in turn benefits human, ecological, and economic health. We inherited our natural spaces from the generations before us and will pass them on to our children and future generations. Our duty as stewards is what continues to inspire us to use science to study and inform us about climate change impacts to our communities and mitigation strategies. Should the new amendments pass, our ability to make independent science-based decisions in the interest of the community will be significantly limited, our wetlands, valleys, and water will be at risk, and our ability to remedy violations that put our environment and communities in danger will be minimal.

How You Can Help

Please raise your voice with ours! We’ve sent a letter to the Premier, members of Cabinet and our local MPPs and need you to do the same. Click the green button to send your local MPP, the Minister of Municipal Affairs and Housing, The Minister of the Environment Conservation and Parks, and the Minister of Finance a letter asking them to hold off on making unilateral changes without public consultation. Be sure to follow us on social media where we plan to keep the conversation going!

Click here to support Conservation Halton

3 85 Thank you again for your continued support of our environment and community.

Yours in conservation,

Hassaan Basit President and CEO

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Our mailing address is: Conservation Halton 2596 Britannia Road West Burlington, On L7P 0G3 Canada

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4 86

OFFICE OF THE MAYOR CITY OF OSHAWA 50 CENTRE STREET SOUTH OSHAWA, ONTARIO L1H 3Z7 TELEPHONE (905) 436-5611 OSHAWA FAX (905) 436-5642 ONTARIO, CANADA E-MAIL: [email protected]

MAYOR DAN CARTER

November 17, 2020

The Hon. Steve Clark Ontario Minister of Municipal Affairs Frost Building South, 7th Floor 7 Queen’s Park Crescent Toronto, Ontario M7A 1Y7

Dear Minister Clark,

Re: Modernization of Municipal Election Voting Methods

I would like to thank you for the opportunity to be able to bring to your attention the opportunity to review the modernization of our municipal voting methods and the support that we will require from the Province as we forge ahead.

City of Oshawa’s staff and Council have undertaken an investigation in regards to updating our voting system. Our municipality is looking to move from the traditional ballot based system to online and telephone voting. We are enthusiastic about exploring and introducing a more efficient way for voters to cast their ballots.

Approximately 200+ municipalities across Ontario have implemented Internet voting and well qualified experts in the fields of Internet voting and cybersecurity have undertaken research on this topic. During Oshawa City Council’s consideration of implementing Internet voting, several questions have been raised such as ensuring the security of the vote itself, how a recount would be conducted and who would own the data that is collected. The technology tendering processes and lists of certified vendors are also of concern.

87 Many municipalities are struggling to find the right combination when it comes to data protection, certified technology, certified companies and processes to follow resulting in each individual municipality to navigate on their own. Without guidelines from the Province, we feel that there are gaps regarding legal, technical and operational security standards and guidelines for municipalities to follow to implement secure Internet voting for elections as well as to ensure consistency across the Province. As municipalities continue to implement Internet voting as a means to modernize and engage citizens in our election process, it is vitally important that Provincial legislation address the legal, technical and security issues. I am asking that the Province undertake the exercise to bring forward a bill that would provide all municipalities with a legislative framework for consistency across the Province.

I look forward to our conversation and hope the Province will undertake this exercise so that in 2026 Ontario municipalities will have the guidelines and principles in place to be able to modernize their election process.

Yours truly,

Dan Carter Mayor cc: Hon. Doug Ford, Premier of Ontario Jennifer French, MPP Lindsey Park, MPP Lorne Coe, MPP Rod Phillips, MPP Peter Bethlenfalvy, MPP Laurie Scott, MPP Durham Clerks Durham District School Board Durham Catholic District School Board Association of Municipal Managers AMO

88 CORP-20-31 Additional Information Related to Report CORP-20-20 – Voting Options for the 2022 Municipal and School Board Elections

CORP-20-20 Voting Method for 2022 Municipal and School Board Elections

Recommendation

Whereas some Ontario municipalities have been using Internet voting since 2003; and,

Whereas in 2018, 194 municipalities in Ontario used Internet voting as a method of election and this number is expected to increase for the 2022 Municipal and School Board Elections; and,

Whereas the City of Oshawa is committed to continuous improvement, innovation, diversification and modernization of services, including Municipal and School Board Elections; and,

Whereas in an effort to provide for modernization of the election processes and to provide greater accessibility and convenience for the electorate, City staff recommended the introduction of Internet and Telephone Voting for 2022 Municipal and School Board Elections as set out in Report CORP-20-20; and,

Whereas newly discovered research from Dr. Nicole Goodman, Associate Professor of Political Science at Brock University, Director of the Centre for e-Democracy, Senior Associate with the Innovation Policy Lab at the Monk School of Global Affairs and is a member of the Laboratory of Local Elections, focuses on the adoption and effects of technology on elections in Canada and internationally; and,

Whereas Dr. Goodman’s findings indicate that Internet voting is desirable for election stakeholders in Ontario and is a welcome addition alongside other voting methods to keep pace with societal changes, accommodate electors’ increasingly busy schedules, and to help mitigate factors that may limit voter accessibility of physical locations; and,

Whereas Dr. Goodman recognizes that in Ontario it appears that municipal Internet voting uptake will continue to grow and become part of electoral modernization so long as there remains demand from the electorate and candidates, and the bureaucratic will to innovate the administration of elections; and,

Whereas Dr. Goodman identified the importance of sufficient education, outreach and robust communications to engage the electorate and stakeholders early and often; and,

89 Whereas Dr. Goodman also identified concerns about unsupervised/remote Internet voting such as authentication, auditability and verifiability as well as security which needs to be managed carefully; and,

Whereas Dr. Goodman recommends that online voting should be thoughtfully researched and implemented; and, that the introduction of online voting should be a deliberate and planned process and that it is important for the Provincial Government to establish legal, technical and operational standards regarding Internet voting deployment for consistency across the province; and,

Whereas it is important for the City of Oshawa to advance the modernization of Municipal and School Board Elections and the engagement of its electorate as well as for staff to undertake more due diligence including investigation of risk mitigation strategies prior to the implementation of Internet and Telephone Voting as a method of voting;

Therefore be it resolved:

1. That the same method of voting used in the last election be used for the 2022 Municipal and School Board elections; and,

2. That Council authorize the use of optical scan vote tabulators and accessible voting equipment as the method of voting for the 2022 Municipal and School Board Elections and that the necessary by-law be passed; and,

3. That the Mayor send a letter to the Provincial Government with a request to establish legal, technical and operational security standards and guidelines for municipalities to follow in order to implement secure Internet voting for elections and to ensure consistency across the province; and,

4. That a copy of the letter be sent to all Durham Region municipalities, all Durham M.P.Ps, Durham Region School Boards, the Association of Municipalities of Ontario (AMO), the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), the Minister of Municipal Affairs and Housing requesting their support for the Provincial Government to establish legal, technical and operational standards regarding Internet voting deployment for consistency across the province.

90 91 92

November 12, 2020

MPP Will Bouma 96 Nelson Street, Suite 101 Brantford, ON N3T 2X1

Sent via email: [email protected]

Dear MPP Bouma:

Please be advised that Brantford City Council at its Special meeting held November 10, 2020 passed the following resolution:

Bill 218 - Ranked Ballots for Municipal Elections

WHEREAS Bill 218 – “Supporting Ontario's Recovery and Municipal Elections Act, 2020” removes the option for municipalities to choose the ranked ballot system for an election; and

WHEREAS in 2016 the Ontario Provincial Government gave municipalities the tools to use Ranked Balloting in Municipal elections commencing in 2018, which was deployed in the City of London thereby becoming the first Municipality in Canada to make the switch, while Cambridge and Kingston both passed referendums in favour of reform and Burlington, Barrie, Guelph, Meaford and others are now exploring a change as well; and

WHEREAS the change of election method process does not impact the Provincial election models but greatly impacts a Municipalities execution options; and

WHEREAS the only explanation given for this is that we should not be ‘experimenting’ with the electoral process during a pandemic mindful that ranked ballot voting is not an experiment but widely used throughout the world and should be a local option that Municipalities can look to utilize in the next election which is just under two years away

WHEREAS Bill 218 also moves up the Municipal nomination date from the end of July to mid September for no apparent reason thereby reinforcing the power of incumbency and potentially discouraging broader participation in municipal elections; and

WHEREAS these changes are being proposed without any consultation with AMO, Municipalities or the public;

CITY CLERK’S OFFICE City Hall, 100 Wellington Square, Brantford, ON N3T 2M2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca 93

NOW THEREFORE BE IT RESOLVED:

A. THAT the City Clerk BE DIRECTED to submit the following comments on behalf of the Council of the City of Brantford to the Province of Ontario with respect to the proposed changes to the Municipal Elections Act, 1996: i. Council does not support the proposed changes to the Municipal Elections Act, 1996, specifically related to the removal of the option for a municipality to hold a ranked ballot election; ii. Council does support the principle that each Municipality should be able to choose whether or not to use first-past-the-post or a ranked ballot election; and iii. Council encourages the Provincial government to meaningfully consult with Municipalities on municipal issues before introducing legislative changes of this magnitude; and

B. THAT the City Clerk BE DIRECTED to forward a copy of this resolution to MPP Will Bouma, Premier Doug Ford, and the list of other Municipalities and include a request to delay the decision until such a time that the Association of Municipalities of Ontario, Large Urban Mayor’s Caucus of Ontario, the Federation of Canadian Municipalities and comments from Municipalities have been collected and submitted to the Province.

I trust this information is of assistance.

Yours truly,

Tanya Daniels City Clerk [email protected]

cc: Hon. D. Ford, Premier of Ontario The Association of Municipalities of Ontario; The Federation of Canadian Municipalities; Large Urban Mayor’s Caucus of Ontario; All Ontario Municipalities

November 26, 2020

The Honourable Rod Phillips Minister of Finance 95 Grosvenor St. Toronto, ON M7A 1Y8

Dear Minister Phillips:

Re: Motion Regarding Property Tax Exemptions for Veteran Clubs

Each year on November 11th we pause to remember the heroic efforts of

Canadians who fought in wars and military conflicts and served in peacekeeping missions around the world to defend our freedoms and secure our peace and prosperity. One way that the Province and Ontario municipalities have recognized veterans and veteran groups is by exempting their properties from property taxation.

In late 2018, your government introduced a change to the Assessment Act that exempted Royal Canadian Legion Ontario branches from property taxes effective January 1, 2019. Veterans clubs however were not included under this exemption. While veterans’ clubs in Peel are already exempt from Regional and local property taxes, they still pay the education portion of property taxes.

To address this gap, your government has proposed in the 2020 budget bill (Bill 229) to amend the Assessment Act that would provide a full property tax exemption to veterans’ clubs retroactive to January 1, 2019. The Region of Peel thanks you for introducing this change in recognition of our veterans.

At its November 12, 2020 meeting, Peel Regional Council approved the attached resolution regarding this exemption and look forward to this change coming into effect as soon as possible after Bill 229 is passed. This would ensure that veteran clubs benefit from the exemption in a timely way.

I thank your government for moving quickly to address this gap and for your support of veterans.

Kindest personal regards,

Nando Iannicca, Regional Chair and CEO

CC: Peel-area MPPs Ontario Municipalities Stephen Van Ofwegen, Commissioner of Finance and CFO

Resolution Number 2020-939

Whereas each year on November 11, Canadians pause to remember the heroic efforts of Canadian veterans who fought in wars and military conflicts, and served in peacekeeping missions around the world to defend our freedoms and democracy so that we can live in peace and prosperity;

And whereas, it is important to appreciate and recognize the achievements and sacrifices of those armed forces veterans who served Canada in times of war, military conflict and peace;

And whereas, Section 6.1 of the Assessment Act, R.S.O. 1990, c. A31 as amended, Regional Council may exempt from Regional taxation land that is used and occupied as a memorial home, clubhouse or athletic grounds by persons who served in the armed forces of His or Her Majesty or an ally of His or Her Majesty in any war;

And whereas, through By-Law Number 62-2017 Regional Council has provided an exemption from Regional taxation to Royal Canadian Legions and the Army, Navy and Air Force Veterans Clubs that have qualified properties used and occupied as a memorial home, clubhouse or athletic grounds;

And whereas, local municipal councils in Peel have provided a similar exemption for local property taxes;

And whereas, Royal Canadian Legion branches in Ontario are exempt from all property taxation, including the education portion of property taxes, under Section 3 (1) paragraph 15.1 of the Assessment Act, and that a municipal by- law is not required to provide such an exemption; And whereas, the 2020 Ontario Budget provides for amendments to the Assessment Act to apply the existing property tax exemption for Ontario branches of the Royal Canadian Legion, for 2019 and subsequent tax years, to Ontario units of the Army, Navy and Air Force Veterans in Canada;

Therefore, be it resolved, that the Regional Chair write to the Minister of Finance, on behalf of Regional Council, to request that upon passage of the 2020 Ontario Budget, the amendment to the Assessment Act be implemented as soon as possible;

And further, that copies of this resolution be sent to Peel-area Members of Provincial Parliament as well as to all Ontario municipalities for consideration and action.

98 December 2, 2020

The Honourable Doug Ford Premier of Ontario [email protected]

Dear Premier Ford,

On November 26th, Peel Regional Council passed the enclosed resolution (Resolution Number 2020-976) requesting the provincial government revise the

Rules for Areas in Stage 1 under Ontario Regulation 82/20 to address the inequity created between small businesses required to close and businesses permitted to open and conduct sales.

The Region of Peel’s fundamental priority throughout the COVID-19 pandemic has been to protect the health and safety of Peel residents and this continues to be the highest priority during this crisis, which is why we support the Province’s decision to move the Region of Peel into the “Grey: Lockdown Level” of the provincial COVID-19 framework.

While we continue to support this decision, it is critical to recognize that some of the lockdown measures have created an uneven playing field, placing small businesses and local retailers at a significant competitive disadvantage. Larger retail outlets, which are permitted to remain open, sell more than just essentials and are in direct competition with small retailers, which are limited to online sales and curb side pick-up or delivery.

With the holiday shopping season upon us, we must do everything possible to support small businesses. The survival of these businesses is essential for Peel’s and the Province’s recovery efforts. As such, the Region of Peel is requesting that the Province revise the Rules for Areas in Stage 1 under Ontario Regulation 82/20 (the “lockdown”) to address the inequity created between small businesses required to limit their sales to online or curbside pickup and businesses permitted to open and continue in-person sales; to avoid unfair competitive advantage between businesses; and to provide consistency with continued effective health risk management in consultation with Public Health.

In addition, the Region is requesting that clearly defined requirements for masking, physical distancing with capacity limits on a per square meter basis, and limits on numbers of persons admitted to big box and other businesses be implemented and strictly enforced, with additional provincial resources to support enforcement.

99 The Region encourages the Province to move forward with these measures expeditiously, as many small businesses and local retailers are on the brink of insolvency and need support from all levels of government. It is our shared priority to reach a balance in preventing further spread of COVID-19 to keep our community safe, while supporting these businesses that will form the foundation upon which we build back an even stronger economy.

As we move through this pandemic, the Region will continue to seek opportunities to work with you to help and support Peel’s residents and business. In the meantime, if you have any questions, please feel free to contact me at 905-791-7800 x4310. It would be a pleasure to hear from you.

Kindest personal regards,

Nando Iannicca Regional Chair & Chief Executive Officer Region of Peel

CC: Peel-area MPPs GTHA Municipalities

Attached: Resolution 2020-976

100 Region of Peel

APPROVED AT REGIONAL COUNCIL November 26, 2020

8. COVID19 RELATED MATTERS

8.1 Update Regarding Public Health Staffing in Response to COVID-19 Resolution Number 2020-976 Moved by Councillor Crombie Seconded by Councillor Brown and Councillor Groves

Whereas on November 23, 2020, the Region of Peel entered the province’s “Grey Zone: Lockdown,” which has put significant restrictions on business operations in the Region, including the closure of small businesses, except for those that can provide online shopping, curbside pick-up, or delivery; And whereas, daily COVID-19 numbers in Peel continue to increase; And whereas, hospitalization numbers and the number of patients in the ICU, throughout Peel, continue to rise; And whereas, the safest way to shop to stop the spread of COVID-19 is through infrequent trips to the store, online shopping, by curbside pick-up, or through take-out; And whereas, in an effort to keep the supply chain operating and ensure people can get the essentials they need like groceries, large retailers have been permitted to continue to operate, albeit with capacity limits; And whereas, larger retailer outlets sell more than just essentials and are in direct competition with small retailers who are not allowed to open, or only with online shopping or curb side pick-up, creating an uneven playing field for small businesses and local retailers; And whereas, the holiday shopping season has begun, a critical time for small businesses due to the provincial restrictions; Therefore be it resolved, that the provincial government be requested to revise the Rules for Areas in Stage 1 under Ontario Regulation 82/20 (the “lockdown”) to address the inequity created between small businesses required to close and businesses permitted to open and continue sales; to avoid unfair competitive advantage between businesses; and to provide consistency with continued effective health risk management in consultation with Public Health; And further, that strict enforcement of requirements for masking, physical distancing with capacity limits on a per square metre basis, and limits on numbers of persons admitted to big box and other businesses be emphasized and pursued; And further, that a copy of this resolution be sent to all Peel-area MPPs:

101 Region of Peel -2- Resolution 2020-976

Sara Singh, MPP Brampton Centre Gurratan Singh, MPP Brampton East Kevin Yarde, MPP Brampton North Prabmeet Sarkaria, MPP Brampton South Amarjot Sandhu, MPP Brampton West Sylvia Jones, MPP Dufferin-Caledon Natalia Kusendova, MPP Mississauga Centre Kaleed Rasheed, MPP Mississauga East-Cooksville Sheref Sabawy, MPP Mississauga-Erin Mills Rudy Cuzzetto, MPP Mississauga-Lakeshore Deepak Anand, MPP Mississauga-Malton Nina Tangri, MPP Mississauga-Streetsville, with a request that they advocate and speak up on behalf of the businesses that they are elected to represent And further, that a copy of this resolution be sent to the City of Toronto and Greater Toronto and Hamilton Area municipalities.

Carried

102

Hon. Laurie Scott Minister of Infrastructure 5th Floor 777 Bay St. Toronto, ON M7A 2J3 October 22, 2020 Dear Minister Scott,

RE: One-year extension of deadlines in O. Reg. 588/17: Asset Management Planning for Municipal Infrastructure under the Infrastructure for Jobs and Prosperity Act, 2015

I am writing on behalf of the Municipal Finance Officers’ Association of Ontario, and the municipalities it serves, to request a one-year extension of all upcoming deadlines in O. Reg. 588/17: Asset Management Planning for Municipal Infrastructure under the Infrastructure for Jobs and Prosperity Act, 2015 (O. Reg. 588/17).

The Municipal Finance Officers’ Association of Ontario (MFOA) is the professional association of municipal finance officers with more than 2,300 individual members. We represent individuals who are responsible for handling the financial affairs of municipalities and who are key advisors to councils. MFOA is a strong advocate for best practices that encourage long-term fiscal sustainability, including long term financial planning and asset management planning.

In recent years, MFOA and the Province have worked together to support municipalities on their asset management (AM) journeys. Our collaboration has resulted in a range of useful resources, including tip sheets, a strategic AM planning policy development toolkit, a guide on creating AM communities of practice, an AM framework, a self assessment tool, training, and the provision of professional one-on-one AM consulting, among other supports. MFOA, like the Province, believes in the fundamental importance of AM planning.

But we have also heard our members. As noted in your statement to the Standing Committee on Finance and Economic Affairs on July 30, 2020, municipalities were “among the hardest hit” by the economic shutdown necessitated by the COVID-19 pandemic. This hit has and continues to be both financial and operational in nature. Since March, municipalities have declared states of emergency, redeployed resources, contained costs (including hiring freezes), and rightly prioritized the immediate needs of stakeholders. Given these pressures, municipalities have not had the capacity to work on meeting the 2021 deadline in O. Reg. 588/17 and as we are in a second wave and a return to a modified stage 2 in some parts of the Province with no end in sight and the possibility of extended restrictions elsewhere, it is unlikely that current capacity challenges will be resolved in the short-term.

2169 Queen Street East, 2nd Floor, Toronto, Ontario M4L 1J1 T: 416-362-9001 F: 416-362-9226 www.mfoa.on.ca www.oneinvestment.ca

103

We are also concerned that revenue losses in some municipalities will result in re- evaluations of capital plans, including AM plans. AM planning completed during a period of high revenue uncertainty is unlikely to be very reliable. Plans done after a revenue re- evaluation post COVID provides confidence that AM plans have taken into account the COVID impacts and that they are more up to date and robust.

Similar to the Public Sector Accounting Board’s one-year deferral of the effective date of upcoming standards, MFOA recommends a one-year extension of all upcoming deadlines in O. Reg. 588/17. In the short-term, an extension will help municipalities focus on pandemic management. In the long-term, extending timelines will ensure municipalities can produce meaningful work that embodies the spirit of AM that reflects new post COVID realities.

Throughout the pandemic, we have seen how much can be achieved when municipalities and the provincial government work together to achieve a common goal. Should you wish to follow up on this letter, please contact MFOA Executive Director, Donna Herridge ([email protected]).

Sincerely,

Trevor Pinn, CPA, CA President cc. Hon. Steve Clark, Minister of Municipal Affairs and Housing

Municipal Finance Officers’ Association of Ontario 2 104

MFOA Request for One Year Extension of Deadlines in O. Reg. 588/17 - Sample Resolution

WHEREAS the COVID-19 pandemic has had significant financial and operational impacts on Ontario municipalities; AND WHEREAS municipalities have had to divert resources towards addressing the immediate needs of the pandemic and maintaining service delivery standards despite evolving restrictions and limited funds; AND WHEREAS the Government of Ontario has delayed timelines with respect to several pieces of legislation; AND WHEREAS the Government of Ontario has regulated municipal asset management through O. Reg. 588/17: Asset Management Planning for Municipal Infrastructure under the Infrastructure for Jobs and Prosperity Act, 2015; AND WHEREAS O. Reg. 588/17 mandates that every municipality shall prepare an asset management plan in respect of its core municipal infrastructure assets by July 1, 2021, and in respect of all of its other municipal infrastructure assets by July 1, 2023; AND WHEREAS the key components of an asset management plan as required by the regulation are:

1. Infrastructure asset inventory

2. Levels of service

3. Lifecycle management and financial strategy

AND WHEREAS there is a concern amongst Municipal Finance Officers’ Association of Ontario (MFOA) members and their municipalities that current capacity challenges (redeployment of staff, and lack of available resources) will result in limitations for purposeful asset management planning; AND WHEREAS Ontario municipalities do not anticipate the current capacity challenges to be resolved in the short-term;

NOW THEREFORE BE IT RESOLVED that THE MUNICIPALITY OF supports MFOA’s letter to the Ministry of Infrastructure requesting a one-year extension of deadlines in O. Reg. 588/17: Asset Management Planning for Municipal Infrastructure under the Infrastructure for Jobs and Prosperity Act, 2015; so that all municipalities can focus on the immediate needs of the pandemic and engage in municipal asset management planning when capacity challenges are resolved.

105 The Corporation of the Town of Ajax December 14, 2020 Motion

Limiting Food Delivery Fees

Introduced by: Councillor Tyler Morin Seconded by: Regional Councillor Lee

WHEREAS Promoting local businesses has been a central priority for Ajax Council, the Ajax-Pickering Board of Trade, and the Town’s Economic Development team throughout the COVID-19 crisis, leveraging #shoplocal messaging and promoting local groups (like the Durham Region Eats group, boasting almost 17,000 members) to amplify support for our extensive and diverse restaurant industry;

AND WHEREAS The Canadian Federation of Independent Business estimated in July that 158,000 small- and medium-sized businesses are at risk of closing (which will include family-owned and small chain restaurants), and asserted in November that this number will certainly be higher following second wave closures (CTV News, Nov. 2020);

AND WHEREAS Restaurants Canada reports that “prior to the COVID-19 pandemic, Ontario’s foodservice sector was a $37 billion industry, employing more than 480,000” people but is “on track to lose as much as $17.8 billion in annual sales” due to COVID-19 closures and lockdowns;

AND WHEREAS in order to reduce the burden on Ajax restaurants, the Town’s Economic Development team refreshed our restaurant guide, making it available for the first time online, supported by engagement and promotion activities and extended temporary patio permitting policies;

AND WHEREAS Throughout mandatory lockdowns imposed by the Province of Ontario, residents and restaurants have relied on third-party delivery services, including Skip the Dishes, DoorDash, and UberEats (and others), but restaurants are reporting that the service fees to utilize these services can be up to 30%, causing some to lose money on orders (Toronto Life, May 2020);

106

AND WHEREAS as part of the Durham Economic Taskforce, an agreement with Ritual ONE was negotiated to provide restaurants with commission-free online ordering capability until the end of 2021, but we recognize that consumers value the convenience of apps over online ordering;

AND WHEREAS the Province of Ontario passed Third Reading of Bill 236, Supporting Local Restaurants Act, 2020 on December 1, 2020 in response to the concerns of restaurateurs, capping delivery fees at 15%, with an overall cap of 20% inclusive of all fees. However, this cap only applies to specific restaurants – which are not chains, that currently have indoor dining facilities, and that are prohibited from permitting indoor dining by an order or direction under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 or the Health Protection and Promotion Act;

THEREFORE BE IT RESOLVED THAT

1. Ajax Council commend and lend their support to the Province of Ontario for taking these steps to respond to small business needs, and protect Ajax’s valued food service industry;

2. Ajax Council request that the Province of Ontario extend this cap to all restaurants, regardless of size or location to ensure ongoing equity and long-term business survival as we recover from COVID-19;

3. That this motion be distributed to: Hon. Doug Ford, Premier of Ontario; Hon. Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs; Hon. Prabmeet Sarkaria, Associate Minister of Small Business and Red Tape Reduction; Hon. Rod Phillips, Minister of Finance and MPP for Ajax;

107 THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER 54-2020

A By-law to Provide For a 2021 Interim Tax Levy for the Town of Ajax.

WHEREAS Section 317 (1) of the Municipal Act, 2001, S.O. 2001 as amended, provides that the Council of a local municipality may, before the adoption of the estimates for the year under Section 290, pass a by-law levying amounts on the assessment of property in the local municipality rateable for local municipality purposes;

AND WHEREAS Section 342(1)(b) of the Municipal Act, 2001, S.O. 2001 as amended states in part that a municipality may pass by-laws providing for alternative instalments and due dates to allow taxpayers to spread the payment of taxes more evenly over the year;

AND WHEREAS Section 345(1) of the Municipal Act, 2001, S.O. 2001 as amended, provides that a local municipality may, in accordance with this section, pass by-laws to impose late payment charges for the non-payment of taxes or any instalment by the due date;

AND WHEREAS Section 345(2) of the Municipal Act, 2001, S.O. 2001 as amended, provides that a percentage charge, not to exceed 1 1/4 per cent (1.25%) of the amount of taxes due and unpaid, may be imposed as a penalty for the non-payment of taxes on the first day of default or such later date as the by-law specifies;

AND WHEREAS Section 345(3) of the Municipal Act, 2001, S.O. 2001 as amended, provides that interest charges, not to exceed 1 1/4 per cent (1.25%) each month of the amount of taxes due and unpaid, may be imposed for the non-payment of taxes in the manner specified in the by-law but interest may not start to accrue before the first day of default;

NOW THEREFORE, the Council of the Corporation of the Town of Ajax enacts as follows:

1. The amounts levied shall be as follows:

1.1 For the Residential, Farm, Pipelines and Managed Forest property classes, there shall be imposed and collected an interim levy of 50% of the total taxes for municipal and school purposes levied on the property in 2020.

1.2 For properties in the Commercial, Parking Lot, Office Building, Shopping Centre, Industrial, Large Industrial and Multi-Residential property classes, there shall be imposed and collected an interim levy of 50% of the total taxes for municipal and school purposes levied on the property in 2020.

2. For the purposes of calculating the total amount of taxes levied on the property for the year 2020 under paragraph 1, if any taxes for municipal and school purposes were levied on a property for only part of 2020 because assessment was added to the tax roll during 2020, an amount shall be added equal to the additional taxes that would have been levied on the property if the taxes for municipal and school purposes had been levied for the entire year.

3. The interim tax levy shall become due and payable in two (2) instalments on Friday, February 26, 2021 and Friday, April 30, 2021.

4. On application to the Town, a taxpayer may pay taxes by a pre-authorized payment plan. In the event of the default of payment on the pre-authorized payment plan, enrolment in the plan shall be terminated and the interim tax levy shall be due and payable on the instalment dates as set out in section 3.

5. Any person may make payment of the taxes into a financial institution to the credit of the Treasurer, and the person making the payment shall be entitled to be issued a receipt by the institution for the amount paid.

6. In the event an instalment is not paid on its due date, there shall be imposed a penalty of 1 1/4 percent (1.25%) on the first day of the calendar month following non payment.

108 7. In the event an instalment is not paid on its due date, interest shall be imposed at the rate of 1 1/4 per cent (1.25%) per month on the first day of the second calendar month following the due date and on the first day of every calendar month thereafter until the taxes are paid.

8. If any instalment remains unpaid at the due date, all future instalments become immediately due and payable.

9. The subsequent levy for the year 2021 to be made under the Municipal Act, 2001, S.O. 2001 as amended, shall be reduced by the amount to be raised by the levy imposed by this by-law.

10. Nothing in this by-law shall prevent the Treasurer from proceeding at any time with the collection of any tax, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes.

11. If any section or portion of this by-law is found by a court of competent jurisdiction to be invalid, it is the intent of the Council of the Corporation of the Town of Ajax that all remaining sections and portions of this by-law continue in force and effect.

READ a first and second time this Fourteenth day of December, 2020.

READ a third time and finally passed this Fourteenth day of December, 2020.

______Mayor

______D-Clerk

109 THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER 55-2020

Being a By-law to amend By-law 50-2018 to make revisions the calculation of the development charge and by-law policies.

WHEREAS Section 19 of the Development Charges Act, 1997, S.O. 1997, c27 (“the Act”) provides for amendments to be made to development charges by- laws;

AND WHEREAS the Council of the Corporation of the Town of Ajax (hereinafter called “the Council”) has determined that certain amendments should be made to the Development Charge By-law of the Corporation of the Town of Ajax, being By-law 50-2018;

AND WHEREAS in accordance with the Act, a development charges background study has been completed in respect of the proposed amendment;

AND WHEREAS the Council of the Corporation of the Town of Ajax has given notice and held a public meeting in accordance with the Act;

AND WHEREAS the Council, at its meeting of December 14, 2020, approved a report dated October 14, 2020 entitled “Town of Ajax Development Charge Background Study Update”.

NOW THEREFORE the Council of the Corporation of the Town of Ajax enacts as follows:

1. By-law 50-2018 is hereby amended as follows:

1.1. The following definitions are added to Section 1 (hh) “institutional development” for the purposes of Section 9(6) means development of a building or structure intended for use:

(a) as a long-term care home within the meaning of subsection 2 (1) of the Long Term Care Homes Act, 2007;

(b) as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010;

i. a university in Ontario that receives direct, regular and ongoing operation funding from the Government of Ontario;

ii. a college or university federated or affiliated with a university described in subclause (i); or

iii. an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institute Act, 2017;

(d) as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; or

(e) as a hospice to provide end of life care;

(ii) “Non-profit housing development” for the purposes of Section 9(7) means development of a building or structure intended for use as residential premises by:

(a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary objective is to provide housing;

(b) a corporation without share capital to which the Canada Not-for-profit Corporation Act applies, that is in good standing under that Act and whose primary objective is to provide housing; or

110

(jj) “Rental housing” for the purposes of Section 9(6) means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises;

1.2 Subsection 3(3)(e) is deleted.

1.3 Subsection 3(3)(f) is deleted.

1.4 Subsection 3(3)(g) is deleted.

1.5 Subsection 3(4) is deleted and replaced with the following:

3(4) Section 2 of this by-law shall not apply to that category of exempt development described in s.s.2(3) and 2(3.1) of the Act, namely:

(a) the enlargement of an existing dwelling unit or the creation of one or two additional dwelling units in an existing single detached dwelling unit or prescribed ancillary structure to the existing residential building;

(b) the creation of additional dwelling units equal to the greater of one or 1% of the existing dwelling units in an existing residential rental building containing four or more dwelling units or prescribed ancillary structure to the existing residential building;

(c) the creation of one additional dwelling unit in any other existing residential building already containing at least one dwelling unit or prescribed ancillary structure to the existing residential building; or

(d) the creation of a second dwelling unit in prescribed classes of proposed new residential buildings, including structures ancillary to dwellings, subject to the following restrictions:

Name of Class of Description of Class of Proposed New Item Proposed New Restrictions Residential Buildings Residential Buildings Proposed new residential buildings that would not The proposed new detached dwelling must only contain two be attached to other buildings and that are dwelling units. Proposed new detached permitted to contain a second dwelling unit, that 1 dwellings being either of the two dwelling units, if the units The proposed new detached dwelling must be located on a have the same gross floor area, or the smaller of parcel of land on which no other detached dwelling, semi- the dwelling units. detached dwelling or row dwelling would be located. Proposed new residential buildings that would The proposed new semi-detached dwelling or row dwelling have one or two vertical walls, but no other parts, must only contain two dwelling units. Proposed new semi- attached to other buildings and that are permitted 2 detached dwellings or row to contain a second dwelling unit, that being either The proposed new semi-detached dwelling or row dwelling dwellings of the two dwelling units, if the units have the must be located on a parcel of land on which no other same gross floor area, or the smaller of the detached dwelling, semi-detached dwelling or row dwelling dwelling units. would be located.

The proposed new detached dwelling, semi-detached dwelling or row dwelling, to which the proposed new residential building Proposed new residential would be ancillary, must only contain one dwelling unit.

buildings that would be Proposed new residential buildings that would be ancillary to a proposed new ancillary to a proposed new detached dwelling, 3 detached dwelling, semi- semi-detached dwelling or row dwelling and that The gross floor area of the dwelling unit in the proposed new detached dwelling or row are permitted to contain a single dwelling unit. residential building must be equal to or less than the gross dwelling floor area of the detached dwelling, semi-detached dwelling or row dwelling to which the proposed new residential building is ancillary.

1.6 Subsection 3(6) is deleted and replaced with the following:

3 (6) Notwithstanding subsection (4)(c), development charges shall be calculated and collected in accordance with Schedule B, where the additional dwelling has a residential gross floor area greater than,

(a) In the case of a semi-detached dwelling unit, the gross floor area of the existing smallest dwelling unit, and

111 (b) In the case of any other residential building not mentioned in subsection 3(4)(a) or 3(4)(b), the residential gross floor area of the smallest dwelling unit contained in the residential building.

1.7 The following subsections are added to Section 9:

9 (6) Notwithstanding subsection 9(1) to 9(5), Development Charges for rental housing and institutional developments are due and payable in 6 installments commencing with the first installment payable on the date of occupancy, and each subsequent installment, including interest, payable on the anniversary date each year thereafter.

(7) Notwithstanding subsections 9(1) to 9(5), Development Charges for non-profit housing developments are due and payable in 21 installments commencing with the first installment payable on the date of occupancy, and each subsequent installment, including interest, payable on the anniversary date each year thereafter.

(8) Notwithstanding subsections 9(1) to 9(7), where the development of land results from the approval of a Site Plan or Zoning By-law Amendment received on or after January 1, 2020, and the approval of the application occurred within 2 years of building permit issuance, the Development Charges under Section 2 shall be calculated based on the rates set out in Schedule “B” on the date of the planning application, including interest. Where both planning applications apply, Development Charges under Section 2 shall be calculated on the rates, including interest, set out in Schedule “B” on the date of the later planning application.

(9) Interest for the purposes of subsections 9(6) to 9(8) shall be determined as set out in the Town of Ajax Policy # COR-148, as amended from time to time.

1.8 Section 15 is deleted and replaced with the following:

15 SCHEDULES TO THE BY-LAW

The following schedules to this by-law form an integral part of this by- law

Schedule A – Designated Municipal Services and Classes Under this By-law

Schedule B – Schedule of Development Charges

1.9 Schedule “A” is deleted and the attached Schedule “A” is substituted therefore.

1.10 Schedule “B” is deleted and the attached Schedule “B” is substituted therefore.

1.11 Schedule “C” is deleted.

1.12 Schedule “D” is deleted.

1.13 Schedule “E” is deleted.

1.14 Schedule “F” is deleted.

112 2. This by-law shall come into force on January 1, 2021.

3. Except as amended by this By-law, all provisions of By-law 50-2018 are and shall remain in full force and effect.

READ a first and second time this Fourteenth day of December, 2020.

READ a third time and passed this Fourteenth day of December, 2020.

______Mayor

______D - Clerk

113 SCHEDULE “A”

Designated Municipal Services and Classes Under this By-law (To Development Charges By-law 50-2018, as amended)

1. Growth Related Studies, including development-related growth studies; 2. Fire, including stations, vehicles, and equipment; 3. Transportation, including roads, structures, sidewalks, streetlights, traffic signals, multi-use trails, operations facilities, and vehicles and equipment providing services related to a Highway; 4. Parks and Recreation, including parkland, recreational trail development, recreation facilities, operations facilities, and vehicles and equipment items related thereto; and 5. Library, including furniture, shelving, equipment, and items related thereto and including materials acquired for circulation, reference or information purposes by a library board;

SCHEDULE “B” SCHEDULE OF DEVELOPMENT CHARGES

(To Development Charges By-law 50-2018, as amended)

Residential Non-Residential Class Single and Semi- Apartments - 2 Apartments - (per ft² of Gross Floor Detached Dwelling Bedrooms + Bachelor and 1 Other Multiples Area) Bedroom Municipal Wide Services/Classes: Transportation Services 16,402 7,890 4,959 12,952 6.01 Fire Services 474 228 143 374 0.16 Parks and Recreation Services 7,275 3,500 2,199 5,745 0.13 Library Services 1,507 725 456 1,190 0.03 Growth Related Studies 466 224 141 368 0.11 Total Municipal Wide Services/Classes 26,124 12,567 7,898 20,629 6.44

THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER 56-2020

Being a by-law to authorize the payment of rebates to individuals who make contributions to candidates in the 2022 municipal elections.

WHEREAS subsection 88.11(1) of the Municipal Elections Act, 1996, as amended (hereafter referred to as the Act), allows a municipality, by by-law, to provide for the payment of rebates to individuals who make monetary contributions to candidates for office on the municipal council;

NOW THEREFORE the Council of the Corporation of the Town of Ajax hereby enacts as follows:

Definitions

1. In this by-law,

“Elector” means an individual whose name appears on the Ajax voters’ list, as amended, up until the close of voting on voting day;

“Spouse” means the same as the definition of “spouse” under the Municipal Act, 2001;

“Fundraiser” means an event or activity held by or on behalf of a candidate for the purpose of raising funds for his or her election campaign; and

“Registered Third Party” means the same as the definition of “registered third party” under the Municipal Elections Act, 1991.

“Town Clerk” means the individual appointed by the Council of the Corporation of the Town of Ajax to serve as the Clerk of the municipality in accordance with section 228 of the Municipal Act, 2001;

Eligible and Ineligible Contributions

2. Notwithstanding section 88.15 of the Act, for the purposes of this by-law only a contribution of money shall be considered for a rebate. The following contributions are not eligible for a contribution rebate:

2.1. Contributions of goods or services; 2.2. Contributions of inventory from a prior election; 2.3. Proceeds from candidate fundraisers; 2.4. Contributions made by a candidate, a candidate’s spouse, or a candidate’s child; and 2.5. Contributions made to registered third parties.

Rebate Criteria

3. The Town Clerk shall pay a rebate to an individual if the Town Clerk is satisfied that all of the following conditions have been met:

3.1. The individual has made a contribution to a candidate seeking election to a position on the Town of Ajax Council in the 2022 municipal election;

3.2. The individual is an elector in the Town of Ajax;

3.3. The contribution is made between the date of the candidate’s nomination filing and the conclusion of the candidate’s campaign period, including any supplementary period if applicable;

3.4. A completed application for contribution rebate is submitted to the Town Clerk not later than ninety (90) days after the candidate’s applicable financial filing deadline;

3.5. The candidate has filed all required financial statements, auditor’s reports, other documentation, and paid any amounts prior to the applicable filing

114 deadlines as required by the Act;

3.6. The candidate has not incurred expenses or made contributions to their own campaign in excess of what is permitted under the Act;

3.7. The candidate’s financial statement(s) are not potentially or actively subject to a compliance audit ordered by the Compliance Audit Committee for the Town of Ajax; and

3.8. The Town Clerk is satisfied that the individual has not made contributions to candidates in excess of what is permitted under the Act.

Calculation of Rebate

4. The amount of the rebate shall be calculated as follows:

4.1. A minimum contribution of $20.00 is required to be eligible for a rebate.

4.2. The rebate amount shall be 75% of the contribution, up to a maximum of $187.50.

4.3. An elector who makes contributions to more than one candidate may receive a rebate in respect of each contribution, but is not entitled to receive total rebates amounting to more than the maximum amount stated in section 4.2 of this by-law.

Administration

5. The Town Clerk may establish forms and procedures for the administration of this program.

6. By-law 082-2016 is hereby repealed.

7. This by-law shall come into force and effect immediately upon final passing.

READ a first and second time this Fourteenth day of December, 2020

READ a third time and passed this Fourteenth day of December, 2020

______Mayor

______D-Clerk

115 THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER 57-2020

A By-law to assume the works and services on Registered Plan 40M-2228 (18T-98014).

(Castlefields Subdivision Phase 2)

WHEREAS under the terms of the Subdivision Agreement dated October 19th, 2004 between the Corporation of the Town of Ajax and Medallion Developments Limited, and upon issuance of the Town’s Final Acceptance certificate, the Town shall assume the works and services referred to in the said certificate;

NOW THEREFORE the Council of the Corporation of the Town of Ajax enacts as follows:

1. That the Corporation of the Town of Ajax hereby assumes the works and services in Registered Plan 40M-2228.

READ a first and second time this Fourteenth day of December, 2020.

READ a third time and passed this Fourteenth day of December, 2020.

______Mayor

______D-Clerk

116 Snowling Drive

Darlet AvenueDarlet

Shepstone Drive Arfield Avenue Arfield 40M-2228 (18T-98014)

AquilinaCourt CASTLEFIELDS SUBD. PHASE 2 Bellotti Crescent OWNER: MEDALLION DEV. Ltd. AGREEMENT DATE: October 19, 2004

Rushworth Drive

Cantwell Crescent

Brice Drive

Solway Crescent Abraham Court Abraham

Sivyer Crescent

Salvage Street Teasdale Street

Durling Rock Street Barden Crescent

Hollier Drive Hollier

Mansbridge CrescentMansbridge Audley N RoadAudley

Thorogood Street Brackenridge Street Whitlock Crescent Styles Crescent Styles

Carberry Crescent HiltonGate Rossland Road E

Cope Lane Allum Lane Buttle Lane Barnham Street Boylett Road Lloydminster Avenue

McHugh Road ButtleGate East Assumption of Subdivisions Appendix 'A'

Kinrade CrescentKinrade °

Goss Goss Lane 0 30 60 120 Meters

Linnell Linnell Street

Duffy Lane Duffy

Blunden Road Blunden

Pendrill Way Pendrill

Hesketh Hesketh Road

Clowes StreetClowes Chaston Chaston Road Silvester StreetSilvester Sources: Orthophotography provided by the Regional

Pullen Lane Pullen Municipality of Durham. Ownership Parcels © Teranet Enterprises Inc., and its suppliers. All rights reserved. Not a Plan of Survey. Assessment Parcels © MPAC. Formosa Avenue Single Line Road Network © Regional Municipality of Durham. Other Sources: First Base Solutions, 2019 & 117 Town of Ajax, 2020. THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER 58-2020

A By-law to assume the works and services on Registered Plan 40M-2386, 40M-2387 (18T-98014, S-A-2003-02).

(Castlefields Subdivision Phase 4)

WHEREAS under the terms of the Subdivision Agreement dated August 30th, 2008 between the Corporation of the Town of Ajax and Medallion Developments Limited and Audley Road Holdings Limited, and upon issuance of the Town’s Final Acceptance certificate, the Town shall assume the works and services referred to in the said certificate;

NOW THEREFORE the Council of the Corporation of the Town of Ajax enacts as follows:

1. That the Corporation of the Town of Ajax hereby assumes the works and services in Registered Plan 40M-2386 and 40M-2387.

READ a first and second time this Fourteenth day of December, 2020.

READ a third time and passed this Fourteenth day of December, 2020.

______Mayor

______D-Clerk

118 Seward Crescent Rushbrooke Way

Westray Crescent Cranston Avenue

Carpendale Crescent

40M-2386, 40M-2387 (18T-98014, S-A-2003-02) CASTLEFIELDS SUBD. PHASE 4 OWNER: MEDALLION DEV. Ltd. and AUDLEY ROAD HOLDINGS Ltd. AGREEMENT DATE: August 30, 2008

Snowling Drive

Cater Avenue Cater Darlet Avenue Darlet

Brider Crescent

Arfield Avenue Arfield Audley N Road Audley

Shepstone Drive

AquilinaCourt Bellotti Crescent

Rushworth Drive

Cantwell Crescent

Brice Drive

Assumption of Subdivisions Solway Crescent Styles Crescent Appendix 'B' Hollier Drive Hollier ° Sivyer Crescent 0 30 60 120 Meters

Sources: Orthophotography provided by the Regional Municipality of Durham. Ownership Parcels © Teranet Enterprises Inc., and its suppliers. All rights reserved. Not a Plan of Survey. Assessment Parcels © MPAC. Single Line Road Network © Regional Municipality of Salvage Street TeasdaleDurham. Other Street Sources: First Base Solutions, 2019 & 119 Town of Ajax, 2020. THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER 59-2020

A By-law to assume the works and services on Registered Plan 40M-2449 (S-A-2003-02).

(Castlefields Subdivision Phase 5)

WHEREAS under the terms of the Subdivision Agreement dated November 15th, 2004 between the Corporation of the Town of Ajax and Medallion Developments Limited and Audley Road Holdings Limited, and upon issuance of the Town’s Final Acceptance certificate, the Town shall assume the works and services referred to in the said certificate;

NOW THEREFORE the Council of the Corporation of the Town of Ajax enacts as follows:

1. That the Corporation of the Town of Ajax hereby assumes the works and services in Registered Plan 40M-2449.

READ a first and second time this Fourteenth day of December, 2020.

READ a third time and passed this Fourteenth day of December, 2020.

______Mayor

______D-Clerk

120 Seward Crescent Rushbrooke Way

Westray Crescent Cranston Avenue

Carpendale Crescent

40M-2449 (S-A-2003-02) CASTLEFIELDS SUBD. PHASE 5 OWNER: MEDALLION DEV. Ltd. and AUDLEY ROAD HOLDINGS Ltd. AGREEMENT DATE: November 15, 2010

Snowling Drive

Cater Avenue Cater Darlet Avenue Darlet

Brider Crescent

Arfield Avenue Arfield Audley N Road Audley

Shepstone Drive

AquilinaCourt Bellotti Crescent

Shepstone Drive

Rushworth Drive

Cantwell Crescent

Brice Drive

Styles Crescent Assumption of Subdivisions Sivyer Crescent Appendix 'C' ° 0 30 60 120 Meters

Salvage Street Drive Hollier Sources: Orthophotography provided by the Regional Teasdale Street Municipality of Durham. Ownership Parcels © Teranet Enterprises Inc., and its suppliers. All rights reserved. Not a Plan of Survey. Assessment Parcels © MPAC. Single Line Road Network © Regional Municipality of

Mansbridge Crescent Mansbridge Durham. Other Sources: First Base Solutions, 2019 & 121 Town of Ajax, 2020. THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER 60-2020

Being a By-Law to authorize the execution of an Agreement of Purchase and Sale with 2613628 Ontario Ltd.

WHEREAS the Corporation of the Town of Ajax deems it expedient to enter into an Agreement of Purchase and Sale with 2613628 Ontario Ltd. for the purposes of disposing of Parts 8,10 and 12 on the draft reference plan of survey attached hereto as Appendix “A” and Block 169 Plan 40M1829; and accepting the conveyance of Parts 3, 4, 5 and 6 on the draft reference plan of survey attached hereto as Appendix “A”;

NOW THEREFORE the Council of the Corporation of the Town of Ajax enacts as follows:

1. That the Town of Ajax do enter into that certain Agreement with 2613628 Ontario Ltd. in the form attached hereto as Appendix “B”.

2. That the Mayor and Clerk are hereby authorized to execute the said Agreement on behalf of the Corporation and to affix the Corporate Seal thereto.

READ a first and second time this Fourteenth day of December, 2020.

READ a third time and passed this Fourteenth day of December, 2020

______Mayor

______D-Clerk

122 123 AGREEMENT OF PURCHASE AND SALE

ARTICLE 1.00 – THE OFFER

1.01 THE CORPORATION OF THE TOWN OF AJAX. (“Town”) having inspected the following described property hereby agrees to and with 2613628 ONTARIO LTD. (“261”), to purchase the real property being Parts 3, 4, 5 and 6 on the draft reference plan of survey attached hereto as Schedule “A” (collectively the “261 Lands”). The Purchase Price to be paid by the Town for the 261 Lands is $1.00.

1.02 261 having inspected the following described property hereby agrees to and with Town to purchase the real property being Parts 8,10 and 12 on the draft reference plan of survey attached hereto as Schedule “A” and Block 169 Plan 40M1829 (collectively the “Town Lands”) in exchange for the 261 Lands. The Purchase Price to be paid by 261 for the Town Lands is $65,137.60.

ARTICLE 2.00 – DEFINITIONS

2.01 For the purposes of this Agreement the following terms shall have the meanings hereinafter ascribed to them:

“Agreement” means this Agreement of Purchase and Sale together with all schedules annexed hereto and all amendments thereto made from time to time by 261 and Town.

“Closing Date” means the date that is thirty days following the approval by the Town of the site plan submitted to the Town by 261 pursuant to File No. SP6/20 or thirty days following the date the Town has approved the stopping up, closing and sale of Parts 8 and 10 on Schedule “A”, whichever is later.

“Lands” mean collectively the 261 Lands and the Town Lands.

ARTICLE 3.00 – CLOSING CONDITIONS

3.01 261 agrees to pay their own legal fees and disbursements and their own Land Transfer Tax. 261 further agrees to pay to the Town the Town’s legal fees associated with the completion of this transaction in the amount of $1,000.00 plus HST.

3.02 261 and Town agree that there is no representation or warranty of any kind that the future intended use of the land being transferred to it by the other is or will be lawful except as may be specifically provided in this Agreement. Each party agrees that it is acquiring the land being transferred to it on an “as-is, where-is” basis as such land exists at the date of acceptance of this Agreement without representation, warranty or condition with respect to the fitness or condition of the land and each acknowledges that it has relied entirely upon its own inspection and investigation of the land.

ARTICLE 4.00 – AUTHORIZATIONS

4.01 Each party authorizes the other to have access to and inspect all files, records, documents, orders and approvals of the MOECP and of any other body having jurisdiction relating to the land being acquired by such party.

124 2

ARTICLE 5.00 – CLOSING DOCUMENTS

5.01 On the Closing Date each party shall have its Solicitor prepare and deliver to the other the following:

(a) a Transfer in registrable electronic form;

(b) such other documents as each party’s solicitor may reasonably request to better give effect to the terms of this transaction.

5.02 The parties hereto confirm that the electronic registration system (the “Electronic Registration System” or “ERS”) is operative in the applicable Land Titles Office in which the Lands are situate and accordingly the following terms and provisions shall prevail, namely:

(a) both parties shall each be obliged to retain a lawyer, who is both an authorized ERS user and in good standing with the Law Society, to represent them in connection with the completion of this transaction, and shall authorize such lawyer to enter into an escrow closing agreement in the Law Society of Upper Canada’s standard form (the “Document Registration Agreement” or “DRA”), establishing the procedures and timing for completing this transaction and to be delivered by the solicitors for each party no later than 1 business day before the Closing Date;

(b) the delivery and exchange of documents and monies and the release thereof shall be governed by the Document Registration Agreement, pursuant to which the solicitor receiving any documents and/or certified funds will be required to hold same in escrow, and will not be entitled to release same except in strict accordance with the provisions of the Documentation Registration Agreement; and

(c) if the either party's solicitor is unwilling or unable to complete this transaction via ERS, in accordance with the provisions contemplated under the Document Registration Agreement, then said lawyer (or the authorized agent thereof) shall be obliged to personally attend at the office of the other party's solicitor, at such time on the scheduled Closing Date as may be directed by the other party's solicitor, in order to complete this transaction via ERS utilizing the computer facilities in the other party’s solicitor’s office.

ARTICLE 6.00 – TITLE AND CLOSING

6.01(a) Title to the Lands will be good and marketable, in fee simple and be free from all liens, charges and encumbrances. Title will be examined by each party at its own expense, and neither party is to call for the production of any title deed, abstract of title, proof of evidence of title, other than those in the other party’s possession or under its control.

(b) Each party to whom land is being transferred is to be allowed until Ten (10) days prior to the Closing Date to investigate the title to the lands being conveyed to such party at its own expense, and if within that time it shall furnish the other party in writing with any valid objection to the title or to any outstanding work order or deficiency notices that the other party is unable to remove or correct, and which such party will not waive, this Agreement, notwithstanding any intermediate acts or negotiations, will be null and void and neither party will be liable for any costs or damages. Save as to any valid objection so made within such time, and except for any objection going to the root of title or for any matter or thing arising after the date of the party’s titles search, each party will be conclusively deemed to have accepted the title of the Lands being conveyed to it.

125 3

6.02 Taxes, local improvements and other matters typically adjusted for on closing to be apportioned and allowed to the Closing Date.

6.03 Each party shall be responsible for Land Transfer Tax on the parcel of land it acquires based on the values set out in Article 1:00 of this Agreement.

6.04 This Agreement shall be completed on the Closing Date.

6.05 This Agreement is conditional upon the Town passing a bylaw authorizing the stopping up, closing and sale of Parts 8 and 10 as shown on Schedule “A”.

ARTICLE 7.00 – GENERAL PROVISIONS

7.01 The Lands of each party shall be and remain until completion of this Agreement at the risk of such party.

7.02 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally or by printed electronic transmission by the party wishing to give such notice, or by the solicitor acting for such party, to the solicitor acting for the other party at the addresses noted below. Such notice shall be deemed to have been given, in the case of personal delivery, on the date of delivery, and, where given by printed electronic transmission, on the date of transmission.

To 261: Kormans LLP 46 Village Centre Place Suite 200 Mississauga, Ontario L4Z 1V9 Fax: (905) 270-2665

Attention: Jonathan Hacohen

To Town: Polak, McKay & Hawkshaw Barristers & Solicitors 15-467 Westney Road South Ajax, Ontario L1S 6V8 Fax No. (905) 428-2063

Attention: Ronald J. Hawkshaw

7.03 This Agreement shall be effective to create an interest in the Lands only if the applicable land division provisions of the Planning Act are complied with, and the parties shall comply with such provisions and, if necessary, proceed diligently with the application for that compliance.

7.04 This Offer, when accepted, shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this Agreement.

7.05 It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement other than as expressed herein in writing.

7.06 This Agreement shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract.

7.07 For the purpose of this Agreement, the "date of execution" or "date of the Agreement" as may herein be referred to shall be deemed to mean the date of acceptance hereof by the Town. This Agreement may be executed in electronic format and may be executed in one or more counterparts, each of which when so

126 4

executed shall be deemed to be an original and such counterparts together shall constitute one and the same agreement, which shall be sufficiently evidence by any such counterpart executed as aforesaid.

7.08 The exchange of land is exclusive of HST. Each party is a registrant pursuant to the Excise Tax Act (Canada) and it agrees to provide to the other on or before the Closing Date a statutory declaration confirming that it is a registrant. Accordingly, each party shall remit directly to Revenue Canada such tax payable or other documentation under the Act in accordance with Section 228(4) of the Act, subject to amendments of the Act from time to time.

7.9 Notwithstanding any presumption to the contrary, all covenants, conditions, warranties and representations contained in this Agreement which by their nature either implicitly or expressly involve performance in any particular after the Closing Date or which cannot be ascertained to have been fully performed until after the Closing Date shall survive closing.

7.10 This Agreement, if accepted, shall not be assignable by either party without the consent in writing of the other of them which consent may be arbitrarily withheld.

7.11 Time shall in all respects be of the essence of this Agreement provided that the time for doing or completing any matter provided for herein may be extended or abridged by an agreement in writing signed by the parties or their respective lawyers who may be specifically authorized in that regard.

EXECUTED this day of , 2020.

2613628 ONTARIO LTD.

Per:______Name: Title:

I have authority to bind the Corporation.

The Town hereby accepts the above offer and covenants and agrees with 261 to duly carry out the same on the terms and conditions above mentioned.

EXECUTED this day of , 2020.

THE CORPORATION OF THE TOWN OF AJAX

Per: Name:Shaun Collier Title: Mayor

Per: Name:Alex Harras Title: Clerk

We have authority to bind the Corporation.

127 THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER 61-2020

A By-law to appoint a Chief Building Official for the enforcement of the Building Code Act, 1992, as amended, for the Town of Ajax

WHEREAS Subsection 3(2) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, directs the Council of each municipality to appoint a Chief Building Official and Inspectors as are necessary for the enforcement of the Act in the Town of Ajax;

AND WHEREAS the Council of the Corporation of the Town of Ajax deems it necessary and expedient to appoint a Chief Building Official for the purposes of enforcement of the Building Code Act, 1992, within its jurisdiction;

NOW THEREFORE the Council of the Corporation of the Town of Ajax hereby enacts as follows:

1. THAT Steven McReelis is hereby appointed Chief Building Official for the Town of Ajax, and shall perform all of the duties and exercise all of the powers assigned under the Building Code Act,1992, and regulations made thereunder;

2. THAT By-law #14-2020 is hereby repealed; and

3. THAT This By-law shall come into force and effect immediately upon third and final reading.

READ a first and second time this Fourteenth day of December, 2020.

READ a third time and passed this Fourteenth day of December, 2020.

______Mayor

______Acting D-Clerk

128 THE CORPORATION OF THE TOWN OF AJAX

BY-LAW NUMBER 62-2020

Being a By-Law to confirm the proceedings of the Council of the Corporation of the Town of Ajax at its regular meeting of December 14, 2020.

WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by By-law, unless the municipality is specifically authorized to do otherwise;

AND WHEREAS it is deemed expedient and desirable that the proceedings of the Council of the Corporation of the Town of Ajax at this meeting be confirmed and adopted by By-law.

NOW THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a By-law of the Corporation of the Town of Ajax by the Council thereof as follows:

1. That the actions of the Council at its regular meeting held on the 14th day of December 2020 and in respect of each motion, resolution and other action passed and taken by the Council at its said meeting, is, except where the prior approval of the Ontario Municipal Board or other body is required, hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law.

2. That the Head of the Council and proper officers of the Corporation of the Town of Ajax are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain appropriate approvals where required, except where otherwise provided, and to affix the Corporate Seal of the Corporation of the Town of Ajax to all such documents.

READ a first and second time this Fourteenth day of December, 2020.

READ a third time and passed this Fourteenth day of December, 2020.

______Mayor

______Acting D-Clerk

129