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06/02/2020
City of Niagara Falls Agenda Tuesday, June 2, 2020 @1:00 PM Due to the COVID-19 and the Closure of City Hall, all electronic meetings can be viewed on this page, the City of Niagara Falls You Tube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. CALL TO ORDER O Canada - Performed by: Sibilla Malekzadeh (recorded version) 2. ADOPTION OF MINUTES 2.1. Minutes-City Council - 12 May 2020 9 - 26 3. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 4. MAYOR'S REPORTS, ANNOUNCEMENTS 5. REPORTS 5.1. F-2020-23 Overview of Section 106 and 107 of the Municipal Act, 2001/Further Fiscal Relief Requests F-2020-23 Overview of Section 106 and 107 of the Municipal Act, 2001.Further Fiscal Relief Requests 27 - 33 5.2. F-2020-25 2018 Closed Capital Projects Variance Report 34 - 39 Page 1 of 374 F-2020-25 2018 Closed Capital Projects Variance Report F-2020-25 Attachment 5.3. F-2020-26 Annual Statement of Remuneration and Expenses – Updated to Include Attendance F-2020-26 Annual Statement of Remuneration & Expenses - Updated to Include Attendance 40 - 45 5.4. F-2020-27 Managing the Financial Impact of COVID-19 – Parking Budget F-2020-27 Managing the Financial Impact of COVID-19 - Parking Budget 46 - 54 5.5. IS-2020-01 5G Health Concerns IS-2020-01 5G Health Concerns IS-2020-01 5G Health Concerns - Appendix 1 - IS-2019-01 5G Health Concerns IS-2020-01 5G Health Concerns - Appendix 2 - Health Canada - Cell phone towers IS-2020-01 5G Health Concerns - Appendix 3 - Aird Berlis - Memo re Municipal Jurisdiction over 5G 55 - 72 5.6. PBD-2020-33 Tax Increment Based Grant Application under the Lundy’s Lane CIP – LLN-2020-001 5873 Brookfield Avenue Applicant: 1962683 Ontario Inc. (Frank LaPenna) PBD-2020-33, LLN-2020-001, TIG Grant, 5873 Brookfield 73 - 77 5.7. PBD-2020-35 AM-2015-004, Zoning By-law Amendment 78 - 80 Page 2 of 374 3958 Cardinal Drive (formerly 7901, 7913 and 7933 Thorold Stone Road) Owner: Niagara Olympia Homes (George Bahdi) PBD-2020-35, AM-2015-004, George Bahdi, 3958 Cardinal Drive (formerly 7901, 7913 & 7933 Thorold Stone Road) 5.8. R&C-2020-09 Summer Aquatics Opening Plan R&C-2020-09-Summer Aquatics Update 81 - 86 6. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2020-21 Monthly Tax Receivables Report – April F-2020-21- Tax Receivables Monthly Report (April) F-2020-21- Attachment 87 - 90 F-2020-22 Municipal Accounts F-2020-22 Municipal Accounts F-2020-22 Attachment 91 - 104 MW-2020-12 2020 Playground Improvements Supply and Installation of Playground Equipment Award MW-2020-12 - 2020 Playground Improvement Program - Playground Equipment Award 105 - 115 Page 3 of 374 MW-2020-12 - Attachment 1 -2020 Playground Site Selection Memo MW-2020-12 - Attachment 2 - Henderson Playgrounds Renderings MW-2020-13 QEW Watermain Crossing Tender Award - Contract No. 2020-380-15 MW-2020-13 QEW Watermain Crossing Tender Award MW-2020-13 - Attachment 1 - Location Plan 116 - 120 PBD-2020-34 PLC-2020-001, Request for Removal of Part Lot Control Block 11 in Plan 59M-474 4837- 4847 Pettit Avenue Applicant: Winzen Niagara Homes Limited PBD-2020-34, PLC-2020-001 Request for Removal of Part Lot Control, Winzen Niagara Homes 121 - 124 TS-2020-14 Stop Sign Conversion Review TS-2020-14 Stop Sign Conversion Review TS-2020-14 Stop Sign Conversion Review Appendix 125 - 133 TS-2020-15 Collins Drive at Toby Crescent Intersection Control Review TS-2020-15 Collins Drive at Toby Crescent - Intersection Control Review TS-2020-15 Collins Drive at Toby Crescent - Appendix 134 - 137 7. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 7.1. Niagara Regional Housing Niagara Regional Housing (NRH) Quarterly Report (January 1 - March 31, 2020) - 1st Quarter Report. 138 - 150 Page 4 of 374 RECOMMENDATION: For the Information of Council. NRH 7-2020 1st Qtr Report Complete 7.2. City of St. Catharines' Response to COVID-19 At its meeting of May 6, 2020, St. Catharines' City Council passed the attached motion regarding COVID-19 and requested that it be forwarded to the local municipalities in Niagara for their information (not for our Council's endorsement). RECOMMENDATION; For the Information of Council Excerpt - COVID-19 151 7.3. Niagara Region - Implications of the New Provincial Policy Statement, 2020 Motion respecting the New Provincial Policy Statement, 2020. RECOMMENDATION: For the Information of Council. CLK-C 2020-151 152 - 276 7.4. Niagara Falls Canada Hotel Association Request for further relief on property tax payment deadlines. RECOMMENDATION: That Council refer the request to Staff for a report. NFCHA - Email to Council 277 7.5. Proclamation Request - Seniors Month - June The proclamation request is in recognition of the benefits and values of Seniors in Niagara Falls and to designate the month of June 2020 as Seniors Month. RECOMMENDATION: That Council Approve the request. Proclamation Seniors Month 2020 278 7.6. Proclamation Request - World Sickle Cell Day June 19th is globally and nationally recognized as World Sickle Cell Day. The Sickle Cell Awareness Group of Ontario is requesting the City 279 - 288 Page 5 of 374 of Niagara Falls to proclaim June 19, 2020 as World Sickle Cell Day. RECOMMENDATION: That Council Approve the request. Canadian Sickle Cell Awareness Day-Report2016 SCAGO-CityOfNiagaraFalls-Proclamation 7.7. Flag-Raising Request - Pride Niagara Pride Niagara will be hosting this year's Niagara Pride Week Festival however they will be taking their events and celebrations virtual. Pride Niagara is requesting that the City of Niagara Falls join in the Annual Pride Flag raising for the week of May 29th - June 6th, 2020. RECOMMENDATION: That Council Approve the request. Flag-Raising Request - Niagara Pride Week 289 - 290 8. RESOLUTIONS 9. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2020-48 - A by-law to authorize the payment of $32,094,456.16 for General Purposes. 05 - Municipal Accounts 200602 291 2020-49 - A by-law to designate Block 11, Registered Plan 59M-474, not to be subject to part-lot control (PLC-2020-001). PLC-2020-001 By-law 292 2020-50 - A by-law to amend By-law No. 79-200, in accordance with a Decision issued by the Local Planning Appeal Tribunal, dated October 24, 2019, to permit the use of the Lands and buildings thereon for a retirement home and to repeal By-law No. 2008-51 (AM-2015-004). AM-2015-004 By-law AM-2015-004 Schedule 1 293 - 295 Page 6 of 374 2020-51 - A by-law to authorize the execution of an Agreement with Crawford & Company (Canada) Inc. respecting RFP37-2019 Insurance Claims Adjusting Services Agreement between the City and Crawford & Company (Canada) Inc. Execution of Services Agreement - By-law - Crawford & Company (Canada) Inc - June 2 2020 Execution of Services Agreement - Crawford & Company (Canada) Inc - Agreement Execution of Services Agreement - Crawford & Company (Canada) Inc - Schedule A - Scope of Work Execution of Services Agreement - Crawford & Company (Canada) Inc. - Schedule B - Addendum #1 Execution of Services Agreement - Crawford & Company (Canada) Inc. - Schedule C - Proposal - Crawford Execution of Services Agreement - Crawford & Company (Canada) Inc. - Schedule D - Pricing - Crawford 296 - 369 2020-52 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2020 JUN 2 By-law Enforcement Officers 370 - 371 2020-53 - A by-law to accept and declare lands as a public highway to form part of Pin Oak Drive. By-Law to Accept Transfer & Declare Lands as Public Highway - Pin Oak Dr 372 2020-54 - A by-law to provide for the levy and collection of sums required by the Main and Ferry Business Improvement Area for the year 2020. Main and Ferry BIA Levy 373 2020-55 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2nd day of June, 2020. 374 Page 7 of 374 06 02 20 Confirming By-law 10. NEW BUSINESS 11. ADJOURNMENT Page 8 of 374 MINUTES City Council Meeting Tuesday, May 12, 2020 (Electronic Meeting via Zoom) 1:00 PM. COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Thomson, Councillor Wayne Campbell, Councillor Chris Dabrowski, Councillor Carolynn Ioannoni (via Zoom App), Councillor Lori Lococo, Councillor Mike Strange, Councillor Vince Kerrio, Councillor Victor Pietrangelo COUNCIL ABSENT: STAFF PRESENT: Mat Bilodeau, Tiffany Clark, Erik Nickel, Kathy Moldenhauer, Alex Herlovitch, Ed Lustig, Serge Felicetti, Trent Dark, Jim Boutilier, Heather Ruzylo (all participating via Zoom App) Ken Todd and Bill Matson (Present in Council Chambers) 1. IN CAMERA SESSION OF COUNCIL - 12:00 PM 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council enter into an In-Camera session. Carried Unanimously Page 1 of 18 Page 9 of 374 City Council May 12, 2020 2. CALL TO ORDER O Canada - Performed by: Ella Sacco (Recorded version) 3. ADOPTION OF MINUTES 3.1. Council Minutes of April 21, 2020. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the minutes of April 21, 2020 be approved as recommended. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Victor Pietrangelo indicated a pecuniary interest to Report PBD-2020-19, Item #7.2 on the agenda as he has family members with a financial interest related to the property in question. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Wilma Morrison and recognized her for the following: • Niagara lost a hero. • Wilma was a tireless advocate of Niagara's Black History. • Notably fought to save the BME Church in Niagara Falls from demolition in the 1990's. • It is where former slaves congregated after fleeing the U.S. via Niagara's Underground Railroad. • Thanks to Wilma, it was named a heritage site in 2000. • This was only one of her many feats for the Black community. • Wilma was 91 years old. • She will be dearly missed by many. • She was a real ball of energy, a spitfire. Good things come in small packages. b) Mayor Diodati recognized many COVID-19 Good News Stories: • Crush the Curve Caravan Page 2 of 18 Page 10 of 374 City Council May 12, 2020 • Community came together in a big way! • Showed video of the Crush Curve Caravan. • Snowbirds - flew over Niagara Falls on Sunday, Mother's Day. • Mayor's Back to Business COVID Recovery Team o Full steam ahead o Updates being consolidated into a report o A fluid, living document c) The next Council Meeting is scheduled for Tuesday, June 2, 2020 at 1:00 PM (note start time). 6. PRESENTATIONS 6.1. Canada Summer Games - 2021 To recognize the upcoming Canada Summer Games in 2021, a "Light of Hope" Video was shown. 7. PLANNING MATTERS 7.1. Public Meeting PBD-2020-17 26T-11-2019-003 & AM-2019-017 Draft Plan of Subdivision and Zoning By-law Amendment Application 6642 St. Thomas More (former St. Thomas More School) Applicant: Corbett Land Strategies (John Corbett) Owner: 1956662 Ontario Inc. (Y & Z Zahavy) The report recommends the following: 1. That the application to amend the Zoning By-law be approved as detailed in this report subject to the implementation of a holding (H) regulation until archaeological matters have been completed to the satisfaction of the Region: 2. That the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been Page 3 of 18 Page 11 of 374 City Council May 12, 2020 given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2020-17. Candice Hood (Corbett Land Strategies) and Sergio Zaga, representing the applicant, spoke in support of the staff report. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn Ioannoni that the report be approved as recommended. Carried Unanimously 7.2. Public Meeting PBD-2020-19 26CD-11-2019-004 & AM-2019-019 Draft Plan of Vacant Land Condominium and Zoning By-law Amendment Application 6400 and 6420 Kalar Road Applicant: 2670279 Ontario Inc. (Lise Danecker) Agent: Peter Colosimo The report recommends the following: 1. That the application to amend the Zoning By-law be approved as detailed in this report; 2. That the Plan of Vacant Land Condominium be draft approved Page 4 of 18 Page 12 of 374 City Council May 12, 2020 subject to the conditions in the attached Appendix A; 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council, and 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2020-19. Peter Colosimo, acting as the agent, spoke in favour of the report. Rocky Vacca, spoke expressing his concerns with the draft plan of subdivision, condition #18, which discusses the requirement that all residential dwelling units within the development be equipped with automatic sprinkler systems. Matt Clark, of 8209 Westwood Street, spoke in opposition of the report. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the report be approved as recommended with the amendment to Condition #7 to remove the "provision of a sidewalk connecting to the adjacent street" and that Condition #18 be removed. Carried Unanimously (Councillor Victor Pietrangelo declared a conflict) 8. REPORTS 8.1. F-2020-20 Managing the Financial Impact of COVID-19 The report recommends the following: Page 5 of 18 Page 13 of 374 City Council May 12, 2020 1. That the report entitled “Managing the Financial Impact of COVID-19” be received for information. 2. That the Federal and Provincial governments be requested to provide municipalities with an operating grant to help municipalities fund current operations and maintain appropriate service levels during the COVID-19 crisis, and further allow service levels to quickly be re-established during the period of recovery. 3. That the Federal and Provincial governments be requested to establish a new infrastructure building program by increasing the amount of gas tax funding made available to municipalities to stimulate the economy later this year. 4. That the Federal and Provincial governments be requested to accelerate approval of ICIP project applications submitted by the City of Niagara Falls to facilitate the economic recovery after the period of emergency is over. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously 8.2. FS-2020-03 Memorandum of Understanding for the Provisions of Technical Rescue Services The report recommends that Council authorize the Mayor and City Clerk to sign the attached Memorandum of Understanding (MOU) for the provision of Rope Rescue Services with the Town of Niagara-on-the- Lake (NOTL). ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 8.3. MW-2020-09 Page 6 of 18 Page 14 of 374 City Council May 12, 2020 Pin Oak Drive and Canadian Drive Tender Award - Contract No. 2020-473-18, Access Agreement, Land Transfer The report recommends the following: 1. That the contract be awarded to the lowest prequalified bidder Rankin Construction Inc. at the bid price of $3,483,575.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Council authorize a 2021 pre-budget allocation of $435,000 to be used as additional funding for the completion of this 2020 Capital Project. 4. That the lands shown as Part 1 and Part 2 on Reference Plan 20- 16-035-00 (Attachment #3) be deeded to the City of Niagara Falls for nominal consideration, free and clear of any mortgages, liens or other encumbrances; and that all reasonable and related legal fess for processing and registration of the widening are paid for by the City of Niagara Falls, and; a. That Council accept the Transfer of land from 2683421 Ontario Ltd., to accommodate a road widening on the east side of Pin Oak Drive; and b. That Council directs that a by-law be passed to accept the Transfer of the land and declare the lands a public highway to form part of Pin Oak Drive. 5. That the Mayor and City Clerk be authorized to execute the Construction and Access Agreement with 2249419 Ontario Inc. and Costco Wholesale Canada Ltd. for the Transit Hub along Canadian Drive. 6. That upon completion of the Transit Bub construction in recommendation #5, the subject lands be deeded to the City of Niagara Falls for nominal consideration, free and clear of any mortgages, liens or other encumbrances; and that all reasonable and related legal fess for processing and registration of the widening are paid for by the City of Niagara Falls, and: a. That Council accept the Transfer of land from 2249419 Ontario Inc. and Costco Wholesale Canada Ltd. for the Transit Hub along Canadian Drive to be part of a road widening for Canadian Drive; and b. That Council directs that a bylaw be passed to accept the Transfer of lands and declare the lands as public highway to form part of Canadian Drive. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Page 7 of 18 Page 15 of 374 City Council May 12, 2020 Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 8.4. PBD-2020-31 Proposed Radio Communication Tower 2800 Thorold Townline Road FONTUR International Inc. on contract to Enbridge Gas Distribution Inc. The report recommends that Innovation, Science and Economic Development Canada be advised that the City of Niagara Falls does not object to the construction of a 27.4m(~90') tall, self support style radio communication tower with a fenced in compound on the lands known as 2800 Thorold Townline Road. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously 8.5. PBD-2020-32 AM-2010-009 & AM-2016-015 Zoning By-law Amendment Applications 7000 Montrose Road & Vacant Lands to the South Applicants: DCL Healthcare Properties Inc. & Sienna-RSH Facility Inc. Removal of Holding (H) Symbols The report recommends that Council pass the by-laws appearing on tonight's agenda to remove the holding (H) symbol and provisions from the subject parcels, which are currently zoned GC (H)-913) and GC (H)- 1034), respectively, to permit them to be developed for a four storey medical office building and a six storey retirement home, respectively. Page 8 of 18 Page 16 of 374 City Council May 12, 2020 Victoria Lucas, representing the applicants, was available to address any concerns from Council, if necessary. No questions were asked of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously 8.6. R&C-2020-07 Summer Aquatics Update The report recommends the following: 1. That Council approve, pending the lifting of the Province of Ontario's Emergency Order and with approval from the Niagara Region Public Health, that the City opens three outdoor swimming pools: EE Mitchelson, FH Leslie, and Prince Charles for July 1, 2020. 2. That Council approve, due to health and safety concerns and timing, that the City not provide learn to swim lessons and other programming including swim team. 3. And that Council approves, if the order is not lifted by August 1, 2020, keeping the five outdoor pools closed. 4. And that Council approve, pending approval from the Province and Region, the opening all seven splash pad facilities for June 15, 2020. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council approves recommendation #2, #3 and #4 and to have staff report back on how to open up more or all City pools. Carried Unanimously 8.7. R&C-2020-08 Niagara Falls Farmers’ Market Opening Plan The report recommends that Council approve the opening of the Niagara Falls Farmers' Market on June 6, 2020. Page 9 of 18 Page 17 of 374 City Council May 12, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. F-2020-18 2020 Property Tax Rates The report recommends that Council approve the 2020 Property Tax Rates. F-2020-19 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes The report recommends the following: 1. That July 31 and October 30 be approved as the 2020 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 2. That August 31 and October 30 be approved as the 2020 Final Due Dates for the Commercial, Industrial and Multi-residential Assessment Classes. MW-2020-10 Weeping Tile Removal Assistance Program (WRAP) Update Page 10 of 18 Page 18 of 374 City Council May 12, 2020 The report recommends the following: 1. That Council receive for information report MW-2019-04 regarding an update on the Weeping Tile Removal Assistance Program (WRAP); and further, 2. That Council approve program changes relating to: program advertising and awareness, application form improvements, information package improvements, and pre-qualification of contractors as outlined in this report. MW-2020-11 South Niagara Falls Infiltration and Inflow Study - Budget Update The report recommends that Council authorize a pre-budget allocation from the 2021 Capital Budget in the amount of $50,000 from Capital Special Purpose Reserves in order to accomplish the objectives of the South Niagara Falls Infiltration and Inflow Study, Phase 2, and in order to leverage 50% Regional cost-sharing dollars as outlined in Report MW-2020-11. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the reports are approved as recommended. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Niagara Nutrition Partners Jessica Stephenson, Program Manager of Niagara Nutrition Partners, provided a full update of the great work Niagara Nutrition Partners is doing in Niagara Falls and Niagara Region on the whole. She shares the launching of the grocery gift card program, where principals and teachers identify families in need during these uncertain and challenging times. It is in challenging times like these that organizations can retool their systems to support those in need. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Lori Lococo that Council receive and file the correspondence for information. Page 11 of 18 Page 19 of 374 City Council May 12, 2020 Carried Unanimously 10.2. Recognition of Wilma Morrison (Letter from Lundy's Lane Historical Society added) The Niagara Military Museum, along with Pastor DIx of the Nathaniel Dett Chapel, are proposing the Historic Drummondville district of Niagara Falls be delineated on appropriate street signs as the "Wilma Morrison Drummondville Historic District" in honour of the late Wilma Morrison. RECOMMENDATION: That Council refer the request to Staff for a report. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council refer the request to staff for a report and to have staff contact the Heritage Committee, the Historical Society, the Niagara Falls History Museum and the Niagara Falls Military Museum for comment. Carried Unanimously 10.3. City of Welland - Resolution - Covid-19 Financial Impact Attached resolution passed at the City of Welland's Council meeting of April 21, 2020. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 10.4. Niagara Peninsula Conservation Authority (NPCA) Board Meeting Highlights As part of NPCA's commitment to improving how they communicate with municipal partners, attached is a document with highlights from NPCA's Annual General Board of Directors meeting held on April 16, 2020. RECOMMENDATION: For the Information of Council. Page 12 of 18 Page 20 of 374 City Council May 12, 2020 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council receive and file the correspondence for information. Carried Unanimously 10.5. Niagara Falls Public Library - Updates on Activities during COVID- 19 Niagara Falls Public Library have included an update report on the Library's Activities during the COVID-19 closures. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously 10.6. Regional Niagara - Various Correspondence (last Regional Report added) RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council receive and file the correspondence for information. Carried Unanimously 10.7. Niagara Region Correspondence RECOMMENDATION: That Council formally endorse motions that support the collaboration between all of Niagara’s communities and the Niagara Region, as outlined in Regional reports CSD-30-2020 and CSD- 31-2020. Page 13 of 18 Page 21 of 374 City Council May 12, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council formally endorse motions that support the collaboration between all of Niagara's communities and the Niagara Region, as outlined in Regional reports CSD-30-2020 and CSD- 31-2020. Carried Unanimously 10.8. Canada / U.S. Border Crossings - Essential Traffic Only - COVID-19 Resolutions from the Town of Fort Erie and the City of Port Colborne regarding the Canada/US Border Crossings - Essential Traffic only - COVID-19. RECOMMENDATION: For Council's Consideration. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Vince Kerrio that a resolution be sent to the Ministry of Provincial Tourism, Federal Tourism, MP's Office, MPP's Office, Premier Ford's Office and CBSA, regarding the opening of the Canada/US Border Crossings beyond essential traffic only, and that conside ring the fact that border communities could potentially be impacted more so than other outlying communities when the borders open, that The City of Niagara Falls be consulted and be given the opportunity to have some input on the discussions of when and to what degree of opening the border will entail so that factors such as the well being of the community both financially and health-wise, can be considered. Carried Unanimously 10.9. Town of Lincoln - Resolution Attached resolution passed at the Town of Lincoln's Special Council Meeting of May 4, 2020 regarding a Request for Emergency Funding for Municipalities from Government of Canada. RECOMMENDATION: For the Information of Council. Page 14 of 18 Page 22 of 374 City Council May 12, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 10.10. Niagara Falls Canada Hotel Association (NFCHA) Correspondence from Doug Birrell, Executive Director of NFCHA, regarding his response to the misleading comments on social media. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 10.11. Niagara Medical Academies – Hardships faced by Niagara Physicians RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously 10.12. Town of Oakville - Rent Relief Advocacy Letter Attached is an advocacy letter that the Town of Oakville recently sent to the Federal and Provincial Finance Ministers along with our local MPs and MPPs. The letter advocates for changes to the Canada Emergenc y Commercial Rent Assistance program based on feedback from the business community and our local BIAs. RECOMMENDATION: For the Support of Council. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo that Council support the correspondence from the Town of Oakville advocating for changes to the Emergency Page 15 of 18 Page 23 of 374 City Council May 12, 2020 Commercial Rent Assistance program. Carried Unanimously 10.13. St. John Ambulance - Potential Merger The attached correspondence was received by David Trotter, Niagara Falls St. John Ambulance Branch Chair. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council receive the correspondence from Dave Trotter, Niagara Falls St. John Ambulance Branch Chair, and support the presence of St. John Ambulance in the City of Niagara Falls and reject the suggestion of the St. Catharines branch, or any other group, taking over the Niagara Falls operations and that the City move forward with renewing the existing Chair-a-Van agreement. Carried Unanimously 11. RESOLUTIONS There were no resolutions. 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2020- 41 - A By-law to amend By-law No. 2016-108, a by-law to regulate the supply of water and to provide for the maintenance and managem ent of the waterworks and for the imposition and collection of water rates. 2020- 42 - A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2020. 2020- 43 - A by-law to amend By-law No. 2010-133, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands known as 7000 Montrose Road, to permit them to be developed (AM-2010-009). 2020- 44 - A by-law to amend By-law No. 2017-017, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands located on the Page 16 of 18 Page 24 of 374 City Council May 12, 2020 east side of Montrose Road, between McLeod Road and Kinsmen Court, to permit them to be developed (AM-2016-015). 2020- 45 - A by-law to amend By-law No. 79-200 to permit the construction of 16 and 14 storey hotels on part of the lands, to permit a portion of the required parking for the uses on part of the lands to be provided on another part of the lands and to repeal By-law No. 2004-73 (AM-2019- 023). 2020- 46 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2020- 47 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of May, 2020. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the by-laws be read a first, second and third time and passed. Carried Unanimously 13. RATIFICATION OF IN-CAMERA None to report. 14. NEW BUSINESS a) Pathways Academy ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Victor Pietrangelo that Council direct Business Development staff to reach out to Michelle Walker of Pathways Academy with options to relocate to a new location once the use of St. Thomas More School is no longer available. Carried Unanimously b) Antica Fundraiser ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Page 17 of 18 Page 25 of 374 City Council May 12, 2020 Councillor Victor Pietrangelo that staff send out a letter of congratulations and gratitude for the recent Project Share pizza drive fundraiser. Carried Unanimously 15. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the meeting be adjourned at 4:09 PM. Carried Unanimously Mayor City Clerk Page 18 of 18 Page 26 of 374 F-2020-23 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-23 Overview of Section 106 and 107 of the Municipal Act, 2001/Further Fiscal Relief Requests RECOMMENDATION 1. That Council provide a grant to the following non-profit tenants of the MacBain Community Centre: Niagara Falls Big Brothers Big Sisters Association Inc. United Way of Niagara Falls and Greater Fort Erie Niagara Catholic District School Board – Early ON room rentals equal to the amount of rent to be charged from March 16, 2020, being the date the City closed the MacBain Community Centre, until such future date that the City opens the MacBain Community Centre to the tenants. 2. That Council authorize staff to forego charging rent to the following commercial tenant of the MacBain Community Centre: Tastebuds Café from March 16, 2020, being the date the City closed the MacBain Community Centre, until such future date that the City opens the MacBain Community Centre to the public. 3. That Council authorize staff to forego charging rent to the following commercial tenants of the Gale Centre: 2212396 Ontario Inc. operating as Break-A-Way Concessions Niagara Front Row Sports Ltd., operating as Front Row Sports Excellence from March 16, 2020, being the date the City closed the Gale Centre, until such future date that the City opens the Gale Centre to the public. Page 27 of 374 2 F-2020-23 June 2, 2020 4. That Council authorize staff to forego charging service fees to the following commercial clients of the Small Business Centre located in the Wayne Thomson Building: CHS Realty Elong Realty Derly Valencia Global Hut Immigration HR Off Site Human Resources from March 16, 2020, being the date the City closed the Wayne Thomson Building, until such future date that the City opens the Wayne Thomson building and resumes providing service to the Small Business Centre clients. EXECUTIVE SUMMARY This report illustrates further fiscal relief measures requested of the City by various tenants and clients. Each request is outlined in the analysis section with separate recommendations for each. Prior to making the recommendations Staff reviewed 106 of the Municipal Act, 2001 (the “Act”), with the City Solicitor and have included a brief overview and comments of same in the analysis section of this report. The financial impact cannot be fully quantified until the end date is known however the monthly effect of approving the above mentioned recommendations results in lost revenue of: $8,664.50/month for the months September through April $6,259.25/month for the months May through August If we made the assumption that the City will open these facilities and resume service as at July 1 total lost revenue for March 16, 2020 to June 30, 2020 would equal $46,698.25 BACKGROUND The COVID-19 pandemic presents the greatest financial challenge that families, business, communities and municipalities have seen in generations. The COVID-19 pandemic has affected most stakeholders all at once. This report illustrates further fiscal relief measures requested of the City by various tenants and clients. Each request is outlined in the analysis section with separate recommendations for each. Page 28 of 374 3 F-2020-23 June 2, 2020 Prior to making the recommendations Staff reviewed 106 of the Municipal Act, 2001 (the “Act”), with the City Solicitor and have included a brief overview and comments of same in the analysis section of this report. ANALYSIS/RATIONALE Bonusing: An Overview of Section 106 – “Assistance Prohibited” of the Municipal Act, 2001 A municipality’s power to make grants and provide economic development services is found in section 107 of the Act, however it is subject to the anti-bonusing provisions contained in section 106 of the Act. 107 General power to make grants – (1) Despite any provision of this or any other Act relating to the giving of grants or aid by a municipality, subject to section 106, a municipality may make grants, on such terms as to security and otherwise as the council considers appropriate, to any person, group or body, including a fund, within or outside the boundaries of the municipality for any purpose that council considers to be in the interest of the municipality. Whenever a municipality enters into a commercial agreement with a for-profit enterprise (lease, land transfer, grant, funding arrangement, etc.) or contemplates providing financial aid, it must take care not to violate the anti-bonusing provisions contained in section 106 of the Act, otherwise it is subject to challenge in the Superior Court of Justice. Municipalities are creatures of statue and only possess the powers granted to them by the Province of Ontario. A municipality does not have jurisdiction to pass a by-law, or grant assistance, that is prohibited by the Act. The portion of the Act entitled “Economic Development Services” provides municipalities with several tools, including the power to establish programs for small business, as well as a general power to make grants or give financial aid to individuals or groups under section 107. The ability to make grants however, is subject to the section 106 anti- bonusing provisions, which prohibits municipalities from granting assistance or a bonus to commercial or industrial enterprises: 106 Assistance prohibited – (1) Despite any Act, a municipality shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. (2) Same – Without limiting subsection (1), the municipality shall not grant assistance by, (a) giving or lending any property of the municipality, including money; (b) guaranteeing borrowing; Page 29 of 374 4 F-2020-23 June 2, 2020 (c) leasing or selling any property of the municipality at below fair market value; or (d) giving a total or partial exemption from any levy, charge or fee. Exceptions – Subsection (1) does not apply to a council exercising its authority under subsection 28 (6), (7) or (7.2) of the Planning Act or under section 365.1 of this Act. The larger purpose of section 106 is to stop a municipality from incentivizing certain industries and to stop a municipality from potentially giving an unfair advantage to one commercial or industrial enterprise over its business competitors. When considering whether there has been a violation, the court will take a holistic approach and look at an entire project, initiative or transaction to determine whether there has been bonusing, rather than focusing on a single element of the arrangement. There is no exhaustive list of what constitutes bonusing and each situation must be considered on its own facts. Some features which suggest there has been bonusing are: the assistance is given to an industrial or commercial enterprise, as opposed to an individual or non-profit entity; only one or a few enterprises in the municipality have been benefitted, as opposed to a scheme of general application that benefits all enterprises of the same type across the entire municipality; property is leased or sold by the municipality at less than fair market value, with no obvious benefit to the municipality in return; the municipality is “giving something for nothing”; and/or the assistance provided will give the recipient an advantage over its competitors in the market place. Where municipalities have been challenged for bonusing, the courts have generally shown deference to the policy decisions and judgement of municipal Councils concerning economic development. The courts have held that the power of a municipality to make grants under section 107 of the Act should be interpreted broadly, while the prohibitions against bonusing in section 106 should be interpreted narrowly. This means that, in an ambiguous situation, the court will lean towards finding that the arrangement is permitted, rather than leaning towards finding it prohibited bonusing. While it would appear under section 106 of the Act that the municipality would be prohibited from offering relief from rent to any commercial tenants, it is staffs‘ opinion that the scenario’s presented below in the financial assistance section are justified and in Page 30 of 374 5 F-2020-23 June 2, 2020 accordance with the Act, despite some tenants being commercial in nature, due to the fact that the City has closed its doors to the public and the tenants and thus has not held up its end of the agreement to provide access to the rental space. It is for this reason that rent relief for both commercial and non-profit tenants is being recommended in from the time the City closed the each facility in question to the public and the tenants until such future date that the City reopens each facility. As of Monday, March 16, 2020, the City closed the following buildings to the public/tenants: 1. Coronation 50 Plus Recreation Centre 2. Chippawa Willoughby Arena 3. Niagara Falls History Museum 4. City of Niagara Falls customer desk at MacBain Community Centre 5. Niagara Falls Ryerson Innovation Hub 6. All branches of the Niagara Falls Public Library 7. Gale Centre Arena FINANCIAL/STAFFING/LEGAL IMPLICATIONS MacBain Centre Leases The City of Niagara Falls leases space to the following organizations who have been impacted by the closure of the MacBain Centre: 1. Niagara Falls Big Brothers Big Sisters Association Inc. $537.75/month + HST 2. United Way of Niagara Falls and Greater Fort Erie $512.88/month + HST 3. Niagara Catholic District School Board – Room Rental Contract for Early On Child and Family Centre $947.92/month + HST 4. Tastebuds Café $729.58/month + HST Staff are requesting permission to forego charging rent Tastebuds Café as a commercial tenant and to give a grant to tenants 1-3 listed above as non-profit organizations from March 16, 2020, being the date the City closed the MacBain Community Centre, until such future date that the City opens the MacBain Community Centre to the tenants in the case of the non-profit organizations and to the public in the case of the commercial tenant. Page 31 of 374 6 F-2020-23 June 2, 2020 The financial impact of this request cannot be fully quantified until the end date is known however the monthly effect of lost revenue relating to fiscal relief for MacBain tenants is a loss of $2,728/month. Gale Centre Leases The City of Niagara Falls leases space to the following companies who have been impacted by the closure of the Gale Centre: 1. 2212396 Ontario Inc. operating as Break-A-Way Concessions Niagara $3,563.00/month + HST for the months September through April $1,781.50/month + HST for the months May through August. 2. Front Row Sports LTD., operating as Front Row Sports Excellence $1,207.50/month + HST for the months September through April $ 603.75/month + HST for the months May through August. Staff are requesting permission to forego charging rent to the above mentioned tenants from March 16, 2020, being the date the City closed the Gale Centre, until such future date that the City opens the Gale Centre to the public. The financial impact of this request cannot be fully quantified until the end date is known however the monthly effect of lost revenue relating to fiscal relief for Gale Centre tenants is a loss of $4,770.50/month for September through April and $2,385.25/month for May through August. Wayne Thomson Building Service Fee for Small Business Centre Clients The City of Niagara Falls charges a monthly service fee for workspace, advice and access to a boardroom through the Small Business Centre at the Wayne Thomson Building to the following companies who have been impacted by the closure of the Wayne Thomson Building: 1. CHS Realty $99/month + HST 2. Elong Realty $299/month + HST 3. Derly Valencia $299/month + HST 4. Global Hut Immigration $350/month + HST Page 32 of 374 7 F-2020-23 June 2, 2020 5. HR Off Site Human Resources $99/month + HST As the clients are not allowed to access the space, nor are receiving the service, Staff are requesting permission to forego charging the service fee to the above mentioned clients from March 16, 2020, being the date the City closed the Wayne Thomson Building, until such future date that the City opens the Wayne Thomson Building to the clients and resumes offering services. The financial impact of this request cannot be fully quantified until the end date is known however the monthly effect of lost revenue relating to fiscal relief for Small Business Centre clients at the Wayne Thomson Building is a loss of $1,146/month. Overall If we made the assumption that the City will open these facilities and resume service as at July 1, 2020 total lost revenue for March 16, 2020 to June 30, 2020 would equal $46,698.25. CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. LIST OF ATTACHMENTS None Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer T. Clark Page 33 of 374 F-2020-25 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-25 2018 Closed Capital Projects Variance Report RECOMMENDATION That Council receive report F-2020-25 entitled, 2018 Closed Capital Projects Variance Report, for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1 to be applied to the 2018 year end. EXECUTIVE SUMMARY Attachment 1 contains a summary of 30 capital projects that are either over or underfunded. On the far right column of the attachment Staff have included recommendations on which reserves or reserve funds surplus funds can be moved into due to overfunding as well as which reserves or reserve funds deficit amounts can be moved from due to under funding. The net effect of the recommended transfers is $2,567,642 required to be transferred out of reserves or reserve funds to capital projects. BACKGROUND This report is being prepared to provide Council with an update on the status of capital projects. Specifically this report provides information on capital projects that can be closed out which are either over or under funded. This report does not include capital projects that have been closed out that did not require any further decisions. Past practice of capital accounting staff has been to wait to apply the funding to a project until expenses have begun and to only transfer funding as needed each year (i.e. to match the amount of expenditures per year). This can become problematic for reconciliation of reserves and reserve funds as Staff must manually maintain a column indicating the approved committed amounts so as not to recommit the same funding. Effective in 2019, Staff have been directed to transfer funding to a project at the time it is approved. Past practice has also been to transfer excess or deficit amounts to/from reserves/reserve funds based on the discretion and direction of the Treasurer. This approach is an acceptable practice however, in the interest of transparency, Staff wish to present Council Page 34 of 374 2 F-2020-25 June 2, 2020 with a closed capital report for each year end. Council received the first of such reports for the 2017 closed capital projects on January 28, 2020 (F-2020-04). A report on the 2019 capital variance will be forthcoming with reserve recommendations as we complete our 2019 year end work with our auditors and the information becomes available to share with Council, likely closer to the end of 2020. With our change in process in 2019, Council will note the attachment to this report in the future will simply show close outs as over or under budget as staff will have transferred the full approved budget to the project. ANALYSIS/RATIONALE Staff wish to highlight some of the larger discrepancies on attachment 1. 1. G21 – Vadim Upgrades – underfunded $52,139 This project contained no approved budget as this was a mandatory upgrade on the City’s accounting software, Vadim or iCity. The expense was paid in 3 annual installments beginning in 2016. Funding for this project can be transferred from Capital Special Purpose Reserve (CSPR) 2 – General IS and CSPR 15 – Systems Development. 2. F58 – Fire Station 3 Building Addition including Accessible Washroom – over- budget $85,972 This project finished over budget by $85,972. Funding for this project can be transferred from CSPR 26 – Large Facilities 3. R73, R93, R96, R98 – Various Roads/Sidewalk Projects – over funded $514,229 Buchanan, Desson & Slater, Asphalt Overlay (2017), New Sidewalk Construction (2017), Sidewalk Replacement (2017) can be closed out with funding exceeding expenses by $514,229. All projects came in under the approved budget. The overfunded amount can be transferred into CSPR 3 – General Roads, CSPR 49 – Roads and Sidewalks and the OLG Reserve. 4. TR3 – 2017 Vehicle Replacements – underfunded $90,500 $90,500 is the cost of a Zamboni required to be purchased in 2017. Funding for this purchase can be transferred from CSPR 16 – Arenas. Page 35 of 374 3 F-2020-25 June 2, 2020 5. SS56 – Huron Sewer Separation (Fourth to Sixth) – overfunded by $558,280 This project had a budget of $900,000 however only $14,311 was spent on design and the project was cancelled with a note to start as a new project when implementation is appropriate. The full $900,000 budgeted amount had not been transferred to the project thus only transferred funds can be repurposed. The overfunded amount can be transferred to CSPR 71 – Sewer and CSPR 73 Water. 6. STMS35 – Riverview Park Storage – overfunded $787,558 This project had a budget of $3,243,650 however only $1,886,649 was spent to complete the project. The full $3.2M budgeted amount had not been transferred to the project thus only transferred funds can be repurposed. The overfunded amount can be transferred to CSPR for Storm. 7. W36 and W50 – Watermain Replacements – over funded $393,593 These two projects came in under budget leaving $393,593 available to be transferred to CSPR 74 – Watermain Improvements. 8. RF44 – Coronation Centre Elevator - $100,000 – overfunded $100,557 This project was cancelled leaving $100,557 available to transfer to CSPR 26 – Large Facilities. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Attachment 1 contains a summary of 30 capital projects that are either over or underfunded. On the far right column of the attachment Staff have included recommendations on which reserves or reserve funds any surplus funds can be moved into due to overfunding as well as which reserves or reserve funds any deficit amounts can be moved from due to under funding. There are currently 23 projects that are overfunded where surplus monies can be transferred into various reserves or reserve funds. These total $2,833,759. There are currently 7 projects that are underfunded where deficit amounts can be moved from reserves or reserve funds to cover the difference. These total $266,117. Page 36 of 374 4 F-2020-25 June 2, 2020 The net effect of the recommended transfers is $2,567,642 available to be transferred into reserves or reserve funds. CITY’S STRATEGIC COMMITMENT Financial Sustainability Investment and Sustainability of City Infrastructure LIST OF ATTACHMENTS 1. 2018 Closed Capital Projects Variance Report Data Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 37 of 374 Attachment 1 - 2018 Closed Capital Projects Variance Report Data F-2020-25 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses (Over)/ Under Budget Over/ (Under) Funded Recommended transfer to/ (from) reserves Recommended Reserve/Reserve Fund General Government G21 Vadim Upgrades 2016 2019 0.00 52,138.78 (52,138.78)(52,138.78)(52,138.78)CSPR 2 - General IS $12,995.78 CSPR 15 - Systems Develop $39,143 G25 Audio Visual Upgrades 2018 2018 28,000.00 18,617.49 9,382.51 1,382.51 1,382.51 OLG Reserve 28,000.00 70,756.27 (42,756.27)(50,756.27)(50,756.27) Fire F57 Fire Administration Rooftop Heating & Cooling 2015 2018 70,000.00 77,864.06 (7,864.06)(7,514.24)(7,514.24)CSPR 4 - General Fire F58 Station 3 Building Addition incl accessible washroom 2015 2018 542,374.00 628,346.27 (85,972.27)(85,972.27)(85,972.27)CSPR 26 - Large Facilities F63 Fire Services Upgrades 2018 2019 80,000.00 82,215.78 (2,215.78)(2,215.78)(2,215.78)CSPR 4 - General Fire 692,374.00 788,426.11 (96,052.11)(95,702.29)(95,702.29) Roads R73 Buchanan, Desson & Slater 2013 2018 5,485,925.00 4,261,450.59 1,224,474.41 225,222.45 225,222.45 CSPR 3 - General Roads R93 Asphalt Overlay Phase 1 (2017)2017 2019 620,000.00 514,115.48 105,884.52 106,477.61 106,477.61 CSPR 3 - General Roads R96 New Sidewalk Construction 2017 2016 2019 475,000.00 437,330.21 37,669.79 39,360.35 39,360.35 CSPR 49 - Roads & Sidewalks R98 2017 Sidewalk Replacement 2017 2018 450,000.00 308,194.59 141,805.41 143,168.42 143,168.42 OLG Reserve 7,030,925.00 5,521,090.87 1,509,834.13 514,228.83 514,228.83 Transit T33 2011 Orion VII Engine Replacement (Buses 2193 - 2195)2018 2018 180,000.00 135,820.88 44,179.12 44,179.12 44,179.12 OLG Reserve 180,000.00 135,820.88 44,179.12 44,179.12 44,179.12 Traffic TSP30 Traffic Signal Video Detection Replacement 2014 2018 215,000.00 202,887.10 12,112.90 12,748.86 12,748.86 CSPR 60 - Traffic Signal Video Detect TSP33 Rail Review 2017 2018 60,000.00 58,771.05 1,228.95 1,364.89 1,364.89 OLG Reserve 275,000.00 261,658.15 13,341.85 14,113.75 14,113.75 Fleet TR3 2017 Vehicle Replacements 2017 2018 2,417,051.00 3,212,034.69 (794,983.69)(90,500.00)(90,500.00)CSPR 16 - Arenas 2,417,051.00 3,212,034.69 (794,983.69) (90,500.00) (90,500.00) Building/Planning BP30 Chippawa Town Hall Windows & Doors 2017 2018 70,000.00 59,614.65 10,385.35 10,385.35 10,385.35 OLG Reserve 70,000.00 59,614.65 10,385.35 10,385.35 10,385.35 Sanitary Sewer SS33 Brookfield Ave Sewer Separation 2014 2016 131,250.00 54,603.50 76,646.50 86,289.56 86,289.56 OLG Reserve SS42 Robinson St. Sewer Separation 2014 2017 102,300.00 57,780.46 44,519.54 45,674.90 45,674.90 OLG Reserve SS54 Third Ave SS (Morrison to Maple)2016 2018 67,000.00 10,809.60 56,190.40 58,547.59 58,547.59 CSPR 72 - Sewer Line Improvements SS56 Huron SS (Fourth to Sixth)2016 2018 900,000.00 14,311.33 885,688.67 558,279.87 558,279.87 CSPR 71 - Sewer $336,847.64 CSPR 73 - Water $221,432.23 SS73 Sewer Flow Monitor Replacements 2018 2018 100,000.00 64,573.77 35,426.23 35,426.23 35,426.23 CSPR 71 - Sewer 1,300,550.00 202,078.66 1,098,471.34 784,218.15 784,218.15 Storm Sewer STMS35 Riverview Park Storage 2013 2019 3,243,650.00 1,886,649.02 1,357,000.98 787,558.40 787,558.40 CSPR 87 - General Storm STMS44 Shriner's Creek Retaining Wall 2017 2019 165,000.00 186,694.14 (21,694.14)(21,694.14)(21,694.14)CSPR 87 - General Storm 3,408,650.00 2,073,343.16 1,335,306.84 765,864.26 765,864.26 Page 38 of 374 Attachment 1 - 2018 Closed Capital Projects Variance Report Data F-2020-25 Project Number Name of Account Year Opened Year of Last Activity Approved Budget Final Expenses (Over)/ Under Budget Over/ (Under) Funded Recommended transfer to/ (from) reserves Recommended Reserve/Reserve Fund Water W36 (inc W37 & W38) Potter Heights & Wiltshire Blvd/Wedgewood/Rendall Watermain Replacement 2014 2018 880,000.00 716,300.31 163,699.69 142,776.84 142,776.84 CSPR 74 - Watermain Improvement W50 Main St. WM replacement (Willoughby to Sarah)2018 2019 720,000.00 469,183.46 250,816.54 250,816.54 250,816.54 CSPR 74 - Watermain Improvement 1,600,000.00 1,185,483.77 414,516.23 393,593.38 393,593.38 Cemetery C17 Fairview Cemetery Fields of Honour Restoration & Memorial for Grave of Unknown Soldier 2017 2019 306,000.00 302,971.66 3,028.34 (6,081.66)(6,081.66)CSPR 28 - Cemetery Site Improvement 306,000.00 302,971.66 3,028.34 (6,081.66)(6,081.66) Parks P67 George Bukator Park Improvements 2015 2018 290,000.00 268,425.01 21,574.99 23,129.77 23,129.77 OLG Reserve 290,000.00 268,425.01 21,574.99 23,129.77 23,129.77 Recreation Facilities RF37 Canada 150 2017 2018 300,000.00 268,982.38 31,017.62 52,562.32 52,562.32 OLG Reserve RF42 Chippawa Arena Lighting & Ceiling Upgrades 2017 2018 300,000.00 226,200.43 73,799.57 78,182.96 78,182.96 OLG Reserve RF44 Coronation Centre Elevator Repair - CANCELLED 2017 2018 100,000.00 - 100,000.00 100,556.93 100,556.93 CSPR 26 - Large Facilities RF48 Recreation Software 2017 2018 40,000.00 19,767.84 20,232.16 20,465.91 20,465.91 OLG Reserve RF49 MacBain Community Centre Pool Ceiling Repairs 2018 2018 200,000.00 181,161.82 18,838.18 9,201.59 9,201.59 CSPR 42 - MacBain Centre 940,000.00 696,112.47 243,887.53 260,969.71 260,969.71 GRAND TOTAL 18,538,550.00 14,777,816.35 3,760,733.65 2,567,642.10 2,567,642.10 Page 39 of 374 F-2020-26 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-26 Annual Statement of Remuneration and Expenses – Updated to Include Attendance RECOMMENDATION For the information of Municipal Council. At the April 21, 2020 Council meeting, staff was asked to report back further to show the number of meetings held by Council and Council Member attendance. This information has been included in an attachment. EXECUTIVE SUMMARY Annual reporting of the remuneration received is a requirement of the Municipal Act, 2001. The remuneration outlined in this report is consistent with prior years and has been prepared according to legislation. ANALYSIS The attached statement of remuneration and expenses for the year ending December 31, 2019 has been prepared pursuant to sections 283 and 284 of the Municipal Act, 2001, and authorized for payment under By-law #99-22, By-law #2002-57 and By-law #2001-252. A breakdown of remuneration and expenses, by member of City Council, various bodies and local boards, is provided in the attached statements. A summary for 2019 is provided below: Remuneration Benefits Expenses Total City Council $329,130.87 $90,633.72 $73,182.02 $492,946.61 Committee of Adjustment $3,675.00 $0.00 $841.86 $4,516.86 Niagara Falls Hydro Holding Corporation $38,400.00 $0.00 $0.00 $38,400.00 Page 40 of 374 2 F-2020-26 June 2, 2020 LIST OF ATTACHMENTS 2019 Statement of Remuneration and Expenses – Niagara Falls City Council 2019 Statement of Remuneration and Expenses – Committee of Adjustment; Niagara Falls Hydro Holding Corporation 2019 Attendance of Council Members Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 41 of 374 3 F-2020-26 June 2, 2020 2019 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS CITY COUNCIL Council Member Salary Committee Benefits Expenses Total DIODATI, J. 112,122.51 375.00 29,318.95 23,753.72 165,570.18 CAMPBELL, W. 25,541.67 1,725.00 6,108.00 6,885.63 40,260.30 DABROWSKI, C. 25,541.67 675.00 9,605.58 566.20 36,388.45 IOANNONI, C. 25,541.67 1,125.00 9,677.80 11,509.29 47,853.76 KERRIO, V. 25,541.67 0.00 3,921.01 2,089.96 31,552.64 LOCOCO, L. 25,541.67 3,150.00 10,009.22 10,555.63 49,256.52 PIETRANGELO, V. 25,541.67 750.00 9,617.61 4,387.93 40,297.21 STRANGE, M. 25,541.67 600.00 6,217.82 11,646.46 44,005.95 THOMSON, W. 25,541.67 4,275.00 6,157.73 1,787.20 37,761.60 TOTAL $316,455.87 $12,675.00 $90,633.72 $73,182.02 $492,946.61 Page 42 of 374 4 F-2020-26 June 2, 2020 2019 STATEMENT OF REMUNERATION AND EXPENSES COMMITTEE OF ADJUSTMENT Member Remuneration Expenses Total Campigotto, P. 660.00 122.58 782.58 Colosimo, P. 735.00 212.76 947.76 Franze, D. 885.00 213.30 1,098.30 Mrozek, J. 660.00 0.00 660.00 Stranges, L. 735.00 293.22 1,028.22 TOTAL $3,675.00 $841.86 $4,516.86 NIAGARA FALLS HYDRO HOLDING CORPORATION Member Remuneration Expenses Total DIODATI, J. 4,000.00 0.00 4,000.00 CAMPBELL, W. 4,000.00 0.00 4,000.00 DABROWSKI, C. 4,800.00 0.00 4,800.00 IOANNONI, C. 4,000.00 0.00 4,000.00 KERRIO, V. 4,800.00 0.00 4,800.00 LOCOCO, L. 4,800.00 0.00 4,800.00 PIETRANGELO, V. 4,000.00 0.00 4,000.00 STRANGE, M. 4,000.00 0.00 4,000.00 THOMSON, W. 4,000.00 0.00 4,000.00 TOTAL $38,400.00 $0.00 $38,400.00 Page 43 of 374 5 F-2020-26 June 2, 2020 2019 Attendance of Council Members – Council Meetings X = Absent from the meeting MEMBER OF COUNCIL Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Diodati Campbell Dabrowski Ioannoni Kerrio Lococo Pietrangelo Strange Thomson 15-Jan-19 X 29-Jan-19 12-Feb-19 X 26-Feb-19 19-Mar-19 9-Apr-19 30-Apr-19 14-May-19 4-Jun-19 25-Jun-19 X 16-Jul-19 Special Mtg. 29-Jul-19 X 13-Aug-19 X 10-Sep-19 X 1-Oct-19 X X 22-Oct-19 12-Nov-19 10-Dec-19 X TOTAL 1 1 6 1 Vacancies Vacant seat 259(1) The office of a member of council of a municipality becomes vacant if the member, (c ) is absent from the meetings of council for 3 successive months without being authorized to do so by a resolution of council; Page 44 of 374 6 F-2020-26 June 2, 2020 2019 Attendance of Board Members – Niagara Falls Hydro Holding Meetings X = Absent from the meeting BOARD MEMBERS OF NFHH Jim Wayne Chris Carolynn Vince Lori Victor Mike (Chair)Wayne Diodati Campbell Dabrowski Ioannoni Kerrio Lococo Pietrangelo Strange Thomson 15-Jan-19 X 26-Feb-19 30-Apr-19 25-Jun-19 X 13-Aug-19 X 1-Oct-19 X X X 10-Dec-19 X TOTAL 1 1 3 1 1 Page 45 of 374 F-2020-27 June 2, 2020 REPORT TO:Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY:Finance SUBJECT: F-2020-27 Managing the Financial Impact of COVID-19 – Parking Budget RECOMMENDATION 1. That the report entitled “Managing the Financial Impact of COVID-19 – Parking Budget” be received for information. 2. That staff be directed to enforce all parking matters and resume issuing tickets (as opposed to warnings) as of July 1, 2020, in an effort to mitigate the anticipated lost revenue. EXECUTIVE SUMMARY Current projections indicate potential lost revenue ranging of approximately $795,000. Please review the financial section to understand assumptions used. Current projections indicate no additional unbudgeted expenses related to COVID-19 will be required in parking. Minor supplies that are required can be accommodated within existing budgets. Current projections indicate potential expense savings of approximately $60,000. Please review the financial section to understand the assumptions used. Preliminary projection of net loss is estimated at approximately $735,000. The City hopes these figures will change as we begin to learn the patterns of individuals as restrictions begin to be lifted, thus they should be treated as preliminary in nature. The City does not have adequate reserves specific to parking to cover losses of this magnitude. The balance of the parking reserve fund at December 31, 2019 is projected to be approximately $250,000. BACKGROUND The COVID-19 pandemic presents the greatest financial challenge that families, business, communities and municipalities have seen in generations. The COVID-19 pandemic has affected most stakeholders all at once and in some instances municipal reserves are not sufficient to insulate the Corporation beyond the medium term. Page 46 of 374 2 F-2020-27 June 2, 2020 The City of Niagara Falls approves a parking budget annually that is funded solely from parking revenues being fines, user fees and permits. The parking budget includes total revenue and expense of $1,481,820 and is not funded by property taxes. This report provides a financial update to Council on the City’s projected financial position at December 31, 2020 as it relates to the City’s parking budget, which is now significantly different from the budget approved on January 28, 2020 as a result of the COVID-19 crisis. This report also outlines actions already implemented by the City to provide financial relief to residents and businesses within the City of Niagara Falls. ANALYSIS/RATIONALE In a crisis period such as the world is currently experiencing, plans change with a focus on public health and essential services. For example, with the requirement for physical distancing and self-isolation at home, it was important to protect the health of our transit operators and passengers with rear-door boarding introduced on March 23, 2020 and service levels in transit reduced. Consequently, transit became a free service and all system revenues were lost. Establishing Financial Planning Principals The duration of this crisis is unclear. As the City proceeds through this crisis and Council grapples with numerous issues which have financial impact on the community, it is appropriate to establish a number of principles which will assist Council in making those decisions. 1. Public Health is the first priority Services should be adjusted to respond and support our community and employee health as a first priority. Financial goals are secondary to following direction and advice from Public Health to protect the health of our citizens. 2. Comply with legislation The City is provided with legislative obligations and authority and spheres of influence by the Municipal Act, Planning Act and other legislation. For example, the City needs to be aware of the bonusing provisions of the Municipal Act and ensure that it provides for the equality of treatment for any programs it provides to its residents and businesses. 3. Allow other levels of government time to fulfill their mandates Other levels of government have different jurisdiction, rights and obligations. Each level has a different financial capacity, which drives that levels ability to provide assistance and undertake programs. The City should only consider support in areas in which it has jurisdiction and which it can provide cost effectively. The City should leave larger programs to Page 47 of 374 3 F-2020-27 June 2, 2020 those levels of government which have the financial capacity to undertake them and avoid the risk of duplicate programs with other levels of government. 4. Use reserves appropriately to manage financial challenges The City has limited reserves to manage some of the financial unpredictability resulting from the COVID-19 crisis. These reserves should be used for the purposes for which they were set aside. Reserves are established for a number of purposes and are a key mechanism to smooth out unforeseen pressures and the tax rate from year to year. Some provide for unknowns (Winter Maintenance, Permit Stabilization and Human Resources Stabilization) or for future liabilities (WSIB, Sick Leave). Others provide for future spending, (OLG) or are required by law (Development Charges, Federal and Provincial Gas Tax). Some are discretionary and some are restricted. 5. Deviation from our financial plan should not be permanent Fiscal relief to residents and businesses should be one-time and have a defined end date. City of Niagara Falls Response to the Crisis The City’s strategy is focused on giving residents and businesses more time to make payments through the waiving of penalties and fees on property taxes, user fees, licences, rents and leases. The City has also recommended, and continues to recommend, the full waiver of transit fares, parking permits and fees. Specific fiscal relief measures include: Water and Wastewater User Fees The City is assisting residents and businesses by deferring payments without financial penalty by waiving penalties on overdue amounts that were billed in 2020. In addition, the City has put a moratorium on disconnections and waived penalties for both non-sufficient funds (NSF) and withdrawal from pre-authorized payment plans. These fiscal relief measures are currently in place from the start of the Provincial State of Emergency until June 30, 2020. Transit Fares Effective March 23, 2020, no fare payment will be required until further notice. Page 48 of 374 4 F-2020-27 June 2, 2020 Rear-door only boarding has also been implemented and each bus will have limited seating capacity to encourage physical distancing. Customers that require the ramp may continue to board at the front. Parking Effective March 13, 2020 parking enforcement rolled back its enforcement to emergency conditions only which include: o Blocked residential approaches which may have had emergency access concerns for the resident o Visibility issues such as vehicles impeding intersections o Blocked fire hydrants o Emergency fire routes o Misuse of accessible parking spaces All other parking matter are reviewed by officers “on a complaint only basis” and where vehicles are noted to be a concern warnings tickets have been issued. Since March 13, 2020 only 8 tickets have been issued for safety concerns. All on street and lot permits that expired during this time have been honoured as valid Property Taxes The City is assisting residents and businesses by deferring payments without financial penalty by waiving penalties on overdue amounts that were billed in 2020. This effectively takes the pressure off residents and business to pay the second installment that was due on April 30, 2020 giving taxpayers an additional two months to pay without penalty. In addition, the municipality has waived penalties for both non-sufficient funds (NSF) and withdrawal from pre-authorized payment plans. These fiscal relief measures are currently in place from the start of the Provincial State of Emergency until June 30, 2020. Final due dates for residential property taxes are typically June 30 and September 30, while commercial property taxes final due dates are typically August 31 and October 31. Due to the ongoing COVID-19 pandemic and current waivers in place to June 30, 2020 relating to the April 30 due date, final due dates for residential property taxes will be extended each by 30 days to July 31, 2020 and October 30, 2020. Commercial due dates will remain the same at August 31, 2020 and October 30, 2020. Municipal Accommodation Tax Page 49 of 374 5 F-2020-27 June 2, 2020 In 2019, the City began collecting a $2/night Municipal Accommodation Tax (MAT) on the purchase of accommodations provided for a continuous period of 30 days or less. MAT is remitted to the City through a self-reporting process where each hotelier reports and remits monthly the amount of MAT collected in the previous month based on occupancy. The City is assisting hotels/motels cash flow by deferring payments owed to the Municipality for MAT collected for the months of March and April, with due dates of April 30, 2020 and May 31, 2020 respectively, until June 30, 2020 at this time. Rental/Lease/Advertising Revenue Recommendations for rent and advertising waivers will be discussed in a separate report coming June 2, 2020. Businesses and other Licences The City began deferring business licence payments at the start of the Provincial State of Emergency until June 30, 2020 at this time. The Municipality continues to issue licences, as the Province deems this an essential service. Other General Fiscal Relief Measures The City is assisting residents and businesses by deferring payments on any invoice received from the City through our Accounts Receivable area without financial penalty by waiving penalties on overdue amounts that were billed in 2020 from the start of the Provincial State of Emergency until June 30, 2020 at this time. This effectively takes the pressure off residents and business to pay amounts owed to the Municipality that are due between March 17, 2020 and June 30, 2020 giving customers additional time pay without penalty. This includes items such as rental agreements, leases, user fee billings, etc. All progressive collection activity has been paused through June 2020 so as not to put extra pressure on the community to pay past due bills. Regional Municipality of Niagara Concessions to Municipalities The Region has offered the Local Area Municipalities (LAMs) the following concessions: 1. The May 13, 2020 property tax installment remittance to the Region (around $21M for City of Niagara Falls) can be remitted based on actual amounts collected by the LAMS and no interest will be charged by the Region on any amounts outstanding from that remittance until June 30, 2020. Page 50 of 374 6 F-2020-27 June 2, 2020 This is consistent with the City’s response to offer concessions directly to the taxpayer by waiving penalty to June 30, 2020 thus effectively moving the April 30, 2020 due date to June 30, 2020. 2. The August 5, 2020 and October 14, 2020 property tax installment remittances to the Region (around $21M each for the City of Niagara Falls) can be remitted based on actual amounts collected by the LAMs and no interest will be charged by the Region on any amounts outstanding from these remittances for a period of 30 days. At the time the Region wrote this report, final due dates had not been decided on by the LAMs. With a 30 day extension on the June 30 residential due date for final due dates to July 31, 2020 the City should be able to pay the majority of the August 5, 2020 remittance to the Region on the due date With a 30 day extension on the September 30 residential due date for final due dates to October 30, 2020 the City will not likely be in a position to pay the Region the majority of the October 14, 2020 remittance however should be in a position to pay the Region in full by November 14, 2020 which would be the end of the 30 day interest waiver from the Region. 3. The April through November water and wastewater amounts billed monthly by the Region can be remitted to the Region based on actual amounts collected however must be paid in full by December 31, 2020. Interest charges on outstanding water and wastewater amounts owed to the Region will be waived for the year 2020. These invoices are approximately $2M per month for the City of Niagara Falls and significantly less burden on cash flow than the above mentioned property tax remittance. The City will monitor water/wastewater collection and determine if withholding payment to the Region is required each month however water bill concessions are only in place until June 30 at this time and the City does not foresee extending these concessions for all users beyond June 30, 2020. It is likely the City will be able to pay the water/wastewater amounts owed to the Region in full each month and not need to use this concession. 4. For the concessions listed above, if the LAMs choose to take advantage of them the Region will net their amount due to the City of Niagara Falls against what the City of Niagara Falls owes the Region thus withholding any amounts owed to the LAMs up to the amount outstanding to the Region until such time as the Region Page 51 of 374 7 F-2020-27 June 2, 2020 has received payment in full for the above mentioned water/wastewater and property tax remittances. Based on the April receivables report which will be on the June 2, 2020 agenda preliminary figures indicate current outstanding taxes receivable as at April 30, 2020 equals 55% of total taxes due. As at April 30, 2018 and 2019 current outstanding taxes receivable represented 35% of total taxes due. With an increase of 20% in outstanding taxes the City will be withholding 20% from the Region’s invoice leaving an outstanding balance of $4,205,000. The City of Niagara Falls invoices the Region for Inter-Municipal Transit and is soon to be taking possession of buses that the Region will be invoiced for. Per the above recommendation from the Region, if the City takes advantage of the relief offered for the property tax stream to assist with cash flow concerns by remitting amounts collected, the Region will be withholding the money owed to the City for the purchase of the inter-municipal transit buses up to the amount the City of Niagara Falls owes the Region for the May 13 property tax remittance ($4,205,000) until such time as the amount is paid in full which could be as far as June 30, 2020 given the concession the City has made to the taxpayers. Province of Ontario Education Remittances The Province of Ontario has agreed to defer the education remittances owed to the Province of Ontario on June 30 and Sept 30 by 90 days each. This remittance is approximately $10M for the City and is a relief on cash flow to help municipalities be able to provide the property tax relief we have to local residents and businesses. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Early COVID-related Financial Impacts and Projections Please note the below is a summary of projections to date on the parking budget only, however many assumptions have been made and new information is obtained weekly in some cases. These charts will be updated in future reports to Council as information becomes clearer but this is a snapshot of projections as of the date of writing this report. Table 1: Preliminary Estimates of Lost Revenue – Parking Budget Page 52 of 374 8 F-2020-27 June 2, 2020 Table 1 illustrates preliminary estimates of lost revenues by month as compared to the approved parking budget. The following assumptions have been made in relation to the projections included in Table 1: 1. Projecting a 50% reduction in fine revenue with the current direction to only give warnings and not issue tickets. 2. Projecting a 60% reduction in parking meter revenue with the current direction not to enforce coupled with anticipated reduction in travel for the remainder of the year. If all assumptions above come to fruition the City is projected to have lost revenues of approximately $800,000. The City is hopeful that direction will be provided to begin enforcement in the near future in order to mitigate some of these projected losses. Table 2: Additional Unbudgeted Expenses Known to Date At this time, the City is not projecting any additional unbudgeted expenses relating to parking. Minor supplies needed to mitigate against COVID-19 can be accommodated within the budget. Table 3: Mitigating Factors: Anticipated Expense Reductions Table 3 illustrates preliminary anticipated estimates of expense reductions by month. Savings to be found in parking are as a result of the redeployment of staff. Table 4: Current Preliminary Projection of Net Surplus/(Loss) Page 53 of 374 9 F-2020-27 June 2, 2020 Currently, the loss in the parking budget is predicted at $735,000 however as noted above, staff are hopeful that enforcement can begin soon to mitigate these losses and hopeful that actual results are better than projected. A loss of $735,000 cannot be managed strictly using parking related reserves (projected balance of $250,000 available in the parking reserve fund), however the City can review other reserve balances to see if any can be repurposed to parking or consider allocating future OLG funds to fund the deficit. CITY’S STRATEGIC COMMITMENT This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long- term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. LIST OF ATTACHMENTS None Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer T. Clark Page 54 of 374 IS-2020-01 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Information Systems SUBJECT: IS-2020-01 5G Health Concerns RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY In May, 2019, Council received report IS-2019-01: 5G Health Concerns, with attachments that spoke to Health Canada’s role in the new cellular frequency. Since then, Council has asked for additional information regarding options the City can take towards 5G implementation. On their website, Health Canada indicates that “the current Canadian limits already cover the frequency ranges that will be used by 5G devices and antenna installations.” Please see page 3 and 4 on the second appendix (Health Canada – Cell phone towers) for information regarding ‘Health effects’ and ‘Misinformation and health concerns.’ Additionally, Aird Berlis produced a memorandum in May 2019 regarding the City’s jurisdiction over 5G technology. This memorandum is available as the third attachment. BACKGROUND In May 2019, City Staff researched what some of the options were for allowing a 5G implementation in the City of Niagara Falls. This report is available as Appendix 1. Through this research, it was determined that the City’s planning department only has the ability to recommend areas that towers can be placed. Beyond that, the City does not have any jurisdiction to prohibit the installation. Health Canada has updated their website information to indicate that there is no scientific evidence to support the claims of increased risks of cancer (See Appendix 2). Health Canada continues to mention how the safety requirements for Radio Frequency (RF) exposure thresholds are set far below the potential for adverse health effects. Page 55 of 374 2 IS-2020-01 June 2, 2020 Finally, Aird Berlis’ memo indicates that Telecommunications is a federally regulated item and that any by-laws that infringe upon the industry are beyond the legal power of the municipality. LIST OF ATTACHMENTS • Appendix 1 – IS-2019-01 – 5G Health Concerns • Appendix 2 – Health Canada – Cell phone towers • Appendix 3 – Aird Berlis – Municipal Jurisdiction over 5G Technology Recommended by: Steve Norris, Director of Information Systems Approved by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 56 of 374 IS-2019-01 May 14, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Information Systems SUBJECT: IS-2019-01 5G Health Concerns RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY The fifth generation of cellular technology, referred to as “5G”, is currently being tested in Canada and refers to the next generation of mobile networks beyond 4G LTE. 5G promises faster speeds and lower latency required for devices that are being developed, such as autonomous vehicles, Smart City products and Internet of Things (IoT) devices like sensors and monitoring equipment. Health Canada limits the amount of human exposure to radiofrequency (RF) under Safety Code 6. This code requires a 50-fold safety margin between acceptable limits and the threshold for adverse health effects. Health Canada indicates that their limits are consistent with science-based standards used in other parts of the world. Innovation, Science and Economic Development Canada (ISED) requires that wireless device manufacturers and antenna systems comply with Safety Code 6. This ensures that all wireless devices are within the safe guidelines established by Health Canada. The existing safety limits already cover the frequency ranges that will be used by 5G devices and systems. Many of the frequencies that are used in 5G networks are already being used for things like communication satellites and automotive assistance systems (braking, lane change sensors, etc.) Page 57 of 374 2 IS-2019-01 May 14, 2019 BACKGROUND A new generation of cellular technology is being developed and will be an integral part of future technologies such as high-speed data access, autonomous vehicles, mobile services and future innovations that require high-speed and low-latency connections. This new generation of cellular technology is going to require “small cell” access points because the signal doesn’t travel as far as previous technologies. “Small cells” operate like Wi-Fi access points and must comply with Safety Code 6 requirements. This will involve cellular carriers mounting additional access points to provide coverage in more areas to ensure adequate signal. With existing systems, cellular providers can acquire real estate or space on buildings to mount their towers and access points. Cellular providers will now be looking to mount these smaller access points on additional structures and even inside buildings. Equipment manufacturers and providers must comply with the established safety guidelines and continue to monitor for changes to the code. This requirement hasn’t changed from previous generations of cellular technology. The 5G networks use a different frequency to achieve these faster speeds and lower latency connections. On the lower end, the frequency (3.5 Ghz) will be similar to many home Wi-Fi frequencies (2.4 and 5 Ghz). On the higher end, also called millimeter wave (mmWave), it will be similar to Satellite frequencies used in communications and internet satellites (Ka-band). From Health Canada: Health Canada continuously monitors the research on this issue and revises its recommendations as needed to continue to provide protection for all Canadians. Health Canada also ensures that RF exposure limits are consistent with science-based limits used in other parts of the world (e.g. the United States, the European Union, Japan, Australia and New Zealand). In the United States, 5G rollouts have already started in cities like Nashville, Las Vegas, Orlando, San Francisco, San Diego and more. Many other countries are also in the process of rolling out installations and turning customers on to the new 5G service. LIST OF ATTACHMENTS Appendix 1 – Health Canada Radiofrequency Background Appendix 2 – Safety Code 6 FAQ Sheet Appendix 3 – Understanding Safety Code 6 Appendix 4 – American Cancer Society – Cell Phone Towers Appendix 5 – American Cancer Society – Cell Phones Page 58 of 374 3 IS-2019-01 May 14, 2019 Recommended by: Steve Norris, Director of Information Systems Approved by: Tiffany Clark, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 59 of 374 Page 60 of 374 Page 61 of 374 Page 62 of 374 Page 63 of 374 Page 64 of 374 Page 65 of 374 M E M O R A N D U M TO: Dale Morton CC: Sheila Morocco, Tom Halinski FROM: David Neligan and Matthew Helfand DATE: May 10, 2019 RE: Municipal Jurisdiction over 5G Technology File #: 145946 Client #: 026691 Overview Fifth-generation cellular networks, known as 5G, are expected to be operational in Canada within the next several years. This new technology promises significant improvements in data speed and volume, enabling the emergence of new technologies such as smart cities and self- driving cars. How this technology will be installed and implemented in Canadian municipalities, however, remains largely unclear. You have asked whether the City of Niagara Falls (the “City”) has the legal jurisdiction to prohibit, restrict, or otherwise limit 5G technology within the City. In preparing the answer below, we have reviewed the relevant legislation and case law, along with government regulations and guidelines, and the City’s own practices and protocols. Short Answer Telecommunications is a federally regulated undertaking in Canada. Municipal by-laws that infringe upon the telecommunications industry are of no force and effect, and attempts by municipalities to limit or inhabit these technologies have been found by the courts to be ultra vires a municipality’s authority. For traditional telecommunications technologies that require cell-phone or radiocommunication towers, telecommunications companies are required to consult with municipalities over the placement and location of this infrastructure. However, given the size of 5G small cell transmitters, it is likely that 5G infrastructure will be excluded from the requirement for municipal consultation. Analysis 1.0 Background 1.1 What is 5G Technology? The term “5G” refers to the oncoming “fifth generation” of wireless networks and technology that will produce improvement in data speed, volume, and latency (delay in data transfer) over current fourth generation (4G and 4G LTE) networks. 5G will enable a host of new technologies Page 66 of 374 - 2 - such as autonomous vehicles and smart cities, and will increase the speed and capability of existing technologies such as cellphones. 1 5G is being touted as a transformative technology. Mobile wireless technology has been in development for decades, with the first generation (1G) introduced in the late 1970s and fielded in the early 1980s. Since then, new generations of technology and wireless standards have been introduced every decade or so, culminating in our present state of transition between 4G and 5G capabilities.2 5G technology is being pursued vigorously around the world. In Canada, for carriers that are building out their 5G network capabilities, it is estimated that $26B will be spent to invest specifically in 5G network infrastructure and adoption.3 It is further estimated that the rollout of 5G in Canada will be gradual starting in 2020 with over 16 million 5G connections expected by the end of 2026.4 In short, 5G technology is coming. Some radio waves operate at a low frequency like AM or FM radio (600-1,000 MHz). These low frequency waves can travel long distances and can easily penetrate obstructions like buildings and trees. Low frequency waves are serviced by way of traditional radio towers. 5G operates at much higher frequencies (24,000 MHz or more). 5G needs a dense network of small cell antennas in order to operate. 5 5G small cells use much smaller equipment than traditional antenna towers. 5G antenna are often compared to the size of a shoe box. There is likely to be up to 273,000 of these small cells deployed across Canada over the next 5 to 7 years. This is in stark comparison to the network of approximately 33,000 large towers that were deployed over the period of more than 20 years.6 5G antennas are much smaller and less obtrusive than the large towers and building antennas. It is, however, estimated that 5G technology will require nearly 100x more small antennas in order to function. 7 These new antenna will be deployed throughout municipalities across Canada. 1 “What is 5G?” Government of Canada, Communications Research Centre Canada (July 20, 2017) online: http://www.crc.gc.ca/eic/site/069.nsf/eng/00077.html. 2 What is 5G?” Government of Canada, Communications Research Centre Canada (July 20, 2017) online: http://www.crc.gc.ca/eic/site/069.nsf/eng/00077.html. 3 David Safer et. al: “Fuel for Innovation – Canada’s Path in the Race to 5G” Accenture Strategy (2018) online: https://www.5gcc.ca/wp-content/uploads/2018/06/CWTA-Accenture-Whitepaper-5G-Economic- Impact_Updates_WEB_06-19-2018.pdf at page 4. 4 David Safer et. al: “Fuel for Innovation – Canada’s Path in the Race to 5G” Accenture Strategy (2018) online: https://www.5gcc.ca/wp-content/uploads/2018/06/CWTA-Accenture-Whitepaper-5G-Economic- Impact_Updates_WEB_06-19-2018.pdf at page 2. 5 White Paper “The dawn of the 5G world: How 5G technology will ultimately alter the DNA of the digital experience” AT&T Business (2018) online: https://www.business.att.com/content/dam/attbusiness/reports/5G_for_Business.pdf at page 9 6 David Safer et. al: “Fuel for Innovation – Canada’s Path in the Race to 5G” Accenture Strategy (2018) online: https://www.5gcc.ca/wp-content/uploads/2018/06/CWTA-Accenture-Whitepaper-5G-Economic- Impact_Updates_WEB_06-19-2018.pdf at page 14. 7 David Safer et. al: “Fuel for Innovation – Canada’s Path in the Race to 5G” Accenture Strategy (2018) online: https://www.5gcc.ca/wp-content/uploads/2018/06/CWTA-Accenture-Whitepaper-5G-Economic- Impact_Updates_WEB_06-19-2018.pdf at page 14. Page 67 of 374 - 3 - 1.2 Are cities are currently using 5G technology? 5G technologies are still in the development and trial stages, with trials taking place in cities across the world including some that have taken place in Canada.8 The consensus amongst industry experts is that 5G won’t be widely available in Canada until 2020 or later.9 1.3 Have any Cities banned the use of 5G technology for health reasons? We are unaware of any cities that have banned the use of 5G technology for health reasons. Brussels, Belgium, has halted progress on a 5G pilot project due to fears for the health of citizens.10 Brussels has not, to our understanding, banned 5G technology. 1.4 Is 5G technology safe? Radiofrequency energy (“RF Energy”) is one form of electromagnetic energy that exists along an electromagnetic spectrum. There are both natural and human-made sources of electromagnetic energy.11 The Government of Canada places a limit on acceptable human exposure to RF energy. According to Health Canada, exposure to RF Energy below the Canadian limits is safe. The Canadian limits for exposure to RF Energy are set far below the threshold for all known and established adverse health effects.12 Although 5G is a new technology, the current Canadian limits already cover the frequency ranges that will be used by 5G devices and antenna installations. Further, 5G devices will need to meet RF energy exposure requirements before they can be sold in Canada.13 2.0 What is the municipality’s role in determining the site for radiocommunication towers? 2.1 How is the location of an antenna site chosen? Placement of radiocommunication apparatuses, including 5G antenna, is governed by the federal Radiocommunication Act (R.S.C., 1985, c. R-2). Section 4(1) of the Radiocommunication Act states that no person shall install, operate, or possess a radiocommunication apparatus without authorization from the Minister. Therefore, a company that wishes to install any 5G antenna must obtain authorization from the federal government. Section 5 of the Radiocommunication Act states that the Minister may, taking into account all matters the Minister considers relevant for ensuring the orderly development and efficient 8 “Rogers and Ericsson partner to bring 5G to Canadians” Newswire (April 16, 2018) online: https://www.newswire.ca/news-releases/rogers-and-ericsson-partner-to-bring-5g-to-canadians- 679868273.html 9 “5G Primer” 5G Canada Council (2018) online: https://www.5gcc.ca/5g-primer/ 10 http://brusselstimes.com/brussels/14753/radiation-concerns-halt-brussels-5g-for-now 11 “Radiofrequency Energy and Safety” Government of Canada (February 14, 2019) online: https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11467.html 12 “Radiofrequency Energy and Safety” Government of Canada (February 14, 2019) online: https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11467.html 13 “Radiofrequency Energy and Safety” Government of Canada (February 14, 2019) online: https://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11467.html Page 68 of 374 - 4 - operation of radiocommunication in Canada, issue radio authorizations and approve each site on which radio apparatus, including antenna systems, may be located. The Minister has created a policy process called the Antenna Tower Siting Procedure that must be followed for the construction or installation a radiocommunication apparatuses, including 5G antennas. Municipalities and residents typically have the opportunity to provide input into the location of an antenna. It appears, however, that these consultation opportunities will not extend to placement of 5G antennas (as is discussed below). Further, all site location decisions ultimately rest with the Minister and not the municipality. 2.2 Consultation with Municipalities is typically required before constructing an antenna tower In 2014 the Antenna Tower Siting Procedure (“Siting Procedure”) was amended to enhance the opportunities for municipal participation in the antenna tower siting process.14 In accordance with the Siting Procedure companies must submit a plan to the local municipality notifying local residents if a consultation will be taking place.15 Companies that wish to build a new antenna tower are typically required to contact the applicable land-use authority (the relevant municipality) to determine the local consultation requirements and to discuss local preferences regarding antenna system siting and/or design. A company is required to abide by the particular consultation process established by the municipality. According to Industry Canada, the aim of consultation is to: • discuss site options; • ensure that local processes related to antenna systems are respected; • address reasonable and relevant concerns from both the land-use authority and the community they represent; and • obtain land-use authority concurrence in writing, such as a letter or report acknowledging that the relevant consultation process has been satisfied.16 Following the consultation, and once the company and local municipality agree, the tower must be built within three years.17 The City of Niagara Falls has a consultation procedure that was enacted in July 2008, and was brought before City Council for revisions April of 2019.18 The City of Niagara Falls Consultation 14 “Statement by FCM President on Changes to Canada’s Antenna Siting Policy” Federation of Canadian Municipalities (February 5, 2014) online: https://fcm.ca/en/news-media/news-release/statement-fcm- president-changes-canadas-antenna-siting-policy 15 “Cell towers in your community: How the decision is made” Industry Canada (November 20, 2018) online: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11443.html 16 CPC-2-0-03 — Radiocommunication and Broadcasting Antenna Systems [Antenna Tower Siting Procedure] online: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08777.html#sec6 at section 4.3 17 “Cell towers in your community: How the decision is made” Industry Canada (November 20, 2018) online: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf11443.html 18 “Consultation Process for Radio Telecommunication Facilities - PD-2019-22” City of Niagara Falls (April 30, 2019) online: https://niagarafalls.civicweb.net/document/17295/PBD-2019- 22,%20Appendix%202%20- %20Draft%20Extension%20of%20concu.pdf?handle=DE85D4CB66664BEDAEF1D0462FAED146 Page 69 of 374 - 5 - Process for Radio Telecommunication Facilities sets out, among other things, public participation requirements, design, and siting criteria that should be met prior to the construction of a new antenna tower. Notwithstanding any City requirements, however, the final decision for the location of a new antenna tower belongs with the Federal Government. 3.0 Installation of 5G antenna will likely be exempt from the typical consultation process The installation of 5G antenna are likely to be exempt from the consultation requirements set out in the Siting Procedure. The Siting Procedure lists specific exceptions where no consultation is required. One exception is for the installation of “Non-Tower Structures”, which are antennas on buildings, lamp posts, etc. Installation of Non-Tower Structures will be excluded from the consultation requirements if the height above ground of the non-tower structure is not increased by more than 25%.19 The exclusions from the consultation requirements within the Siting Procedure as follows: • New Antenna Systems: where the height is less than 15 metres above ground level. This exclusion does not apply to antenna systems proposed by telecommunications carriers, broadcasting undertakings or third party tower owners; • Existing Antenna Systems: where modifications are made, antennas added or the tower replaced, including to facilitate sharing, provided that the total cumulative height increase is no greater than 25% of the height of the initial antenna system installation. No increase in height may occur within one year of completion of the initial construction. This exclusion does not apply to antenna systems using purpose built antenna supporting structures with a height of less than 15 metres above ground level operated by telecommunications carriers, broadcasting undertakings or third party tower owners; • Non-Tower Structures: antennas on buildings, water towers, lamp posts, etc. may be excluded from consultation provided that the height above ground of the non-tower structure, exclusive of appurtenances, is not increased by more than 25%Footnote 12 and • Temporary Antenna Systems: used for special events or emergency operations and must be removed within three months of the start of the emergency or special event The deployment of 5G antenna requires much more precise antenna positioning than large towers. Small cells are typically affixed to buildings, utility poles, street lights, and other street furniture.20 It appears, therefore, that 5G antenna will fall into the Non-Tower Structure exception. The municipal consultation requirements set out in the Siting Procedure, and by extension the City of Niagara Falls Consultation Process for Radio Telecommunication Facilities will not likely not apply to the installation of 5G antenna. Every antenna system, regardless of whether municipal consultation is required, must still meet federal safety guidelines for exposure to radio frequency fields 21, be designed and operated in 19 CPC-2-0-03 — Radiocommunication and Broadcasting Antenna Systems [Antenna Tower Siting Procedure] online: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08777.html#sec6 at section 6. 20 David Safer et. al: “Fuel for Innovation – Canada’s Path in the Race to 5G” Accenture Strategy (2018) online: https://www.5gcc.ca/wp-content/uploads/2018/06/CWTA-Accenture-Whitepaper-5G-Economic- Impact_Updates_WEB_06-19-2018.pdf at page 14. 21 CPC-2-0-03 — Radiocommunication and Broadcasting Antenna Systems [Antenna Tower Siting Procedure] online: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08777.html#sec6 at section 7.1. Page 70 of 374 - 6 - accordance with federal criteria in order to minimize the malfunctioning of electronic equipment in the local surroundings,22 and must comply with appropriate environmental legislation.23 4.0 The city of Niagara falls has very limited ability to prevent or otherwise regulate installation of 5G antennas 4.1 Municipal by-law powers cannot trump federal authority Section 10 of the Municipal Act, 2001 confers broad powers on the City of Niagara Falls, including the power to pass by-laws respecting: health, safety and well-being of persons; structures; and protection of persons and property. The Constitution Act, 1867, however, provides that the areas of telecommunications 24 and radiocommunication are within federal jurisdiction. Because telecommunications and radiocommunications are a federally regulated, broad municipal powers cannot override or frustrate those powers. The courts have consistently determined that Parliament has exclusive jurisdiction over the location of radiocommunication infrastructure in accordance with the Radiocommunication Act.25 Therefore, if the location of an antenna is approved by the Federal Government, a municipality is severely, if not completely, limited in its ability to interfere with the construction or installation of the approved antenna. A by-law attempting to restrict a company from installing a 5G antenna would be susceptible to challenge. Section 273(1) of the Municipal Act, 2001 S.O. 2001, c. 25 states that: “Upon the application of any person, the Superior Court of Justice may quash a by-law of a municipality in whole or in part for illegality”. The Supreme Court of Canada has held that a municipal by-law that purports to exercise power over the location of an antenna, which is an exclusive federal power, is ultra vires and therefore illegal.26 The courts have, on multiple occasions, quashed municipal by-laws that seeks to regulate telecommunications and radiocommunications. This means that the City of Niagara Falls could not, for example, pass a by-law prohibiting the City from entering into any roof-leases with a company for the installation of a 5G antenna on municipal property. In 2005 the City of Toronto passed a by-law attempting to regulate the siting of towers by way of site plan control powers under the Planning Act. In 2007 the Ontario Superior Court quashed the by-law. The court ruled that site plan control by-laws are illegal if they attempt to control the placement or siting of wireless towers, or delay permission to establish wireless towers.27 In 2016 the City of Calgary passed a by-law that set out terms and conditions to be followed by a telecommunication company wishing to perform any work, including installing any equipment, on municipal service corridors or on municipal structures. The Alberta Court of Queen’s Bench quashed the by-law in 2018. The court ruled that the by-law regulated the location, construction, 22 CPC-2-0-03 — Radiocommunication and Broadcasting Antenna Systems [Antenna Tower Siting Procedure] online: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08777.html#sec6 at section 7.2. 23 CPC-2-0-03 — Radiocommunication and Broadcasting Antenna Systems [Antenna Tower Siting Procedure] online: http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08777.html#sec6 at section 7.4. 24 Which is government by the Telecommunications Act (S.C. 1993, c. 38) 25 Rogers Communications Inc. v. Châteauguay (City), 2016 SCC 23 at para 42. 26 Rogers Communications Inc. v. Châteauguay (City), 2016 SCC 23 at para 53. 27 Telus Communications Co. v. Toronto (City), 84 O.R. (3d) 656. Page 71 of 374 - 7 - operation, maintenance and preservation of telecommunications service which is a significant intrusion into federal jurisdiction. 28 4.1 The City of Niagara Falls limited powers to influence 5G within the city Although the City does not have the jurisdiction to pass by-laws that inhibit the location of 5G technology, it can exert its influence in other areas. Canadian law recognizes the concept of “cooperative federalism”, and the notion that municipalities are responsible governments. As discussed above, the Antenna Tower Siting Procedure was amended in consultation with the Federation of Canadian Municipalities (“FCM”) to enhance the opportunities for municipal participation in the antenna tower siting process. This demonstrates that the Federal Government has previously turned its mind to the importance of the municipal voice in the siting of telecommunications infrastructure. In light of the advent of 5G technology, which requires infrastructure that is arguably more intrusive, The City may choose to lobby the Federal Government directly, or through established municipal organizations like the FCM, to further amend the Antenna Tower Siting Procedure to require municipal consultation on 5G technology placement. One immediate area of focus could be the exemption from consultation for Non-Tower Structures where the height above ground of the non-tower structure is not increased by more than 25%. Conclusion The telecommunications industry is federally regulated and, as such, municipalities have very little ability to exert control over what wireless technologies are permitted, and where the required infrastructure should be located. For existing wireless technology that relies on antennas and cell towers, municipalities are required to be consulted and can exert limited control on where antennas should be located. For example, the City can require that antennas be located away from natural and cultural heritage areas within the City. However, it appears as if the requirement for municipal consultation will not apply to 5G technology. Given the City’s limited power, the best way to exert influence on how 5G is implemented in the City of Niagara Fall may be through lobbying efforts either directly or in conjunction with other municipalities, to further amend the Siting Procedure’s to ensure municipal consultation is maintained for determining the location of this new technology and its infrastructure. 36002624.2 28 Bell Canada Inc v Calgary (City), 2018 ABQB 865. Page 72 of 374 PBD-2020-33 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-33 Tax Increment Based Grant Application under the Lundy’s Lane CIP – LLN-2020-001 5873 Brookfield Avenue Applicant: 1962683 Ontario Inc. (Frank LaPenna) RECOMMENDATION 1. That Council approve the Tax Increment Based Grant Application for 1962683 Ontario Inc. (Frank LaPenna) subject to the Owner satisfying the program requirements including entering into an agreement with the City of Niagara Falls. 2. That the Mayor and Clerk be authorized to sign the agreement. EXECUTIVE SUMMARY The Tax Increment Grant application submitted by 1962683 Ontario Inc. for lands identified as 5873 Brookfield Avenue can be supported because: the proposed multi-unit residential use of the lands is permitted under the City’s Zoning By-law and meets the intensification policies of the Official Plan; the redevelopment meets the intent of the Tax -Increment Based Grant program under the Lundy’s Lane CIP to rehabilitate vacant or underutilized lands; the development will provide more rental housing choice in the City; the redevelopment of the lands will result in an increase in assessment value and taxes on the lands pursuant to the purpose of the CIP. BACKGROUND In February 2019, City Council approved an amendment to the City’s Zoning By-law from a commercial to residential zoning to permit an 18 unit apartment building. An application for site plan control has been received and is being reviewed by Planning Staff. Page 73 of 374 2 PBD-2020-33 June 2, 2020 The apartment building will be 3 storeys in height and will include 6 one bedroom and 12 two bedroom units. The property was previously used as a motel that is now demolished. Tax Increment Grant Program The Tax Increment Grant Program offers a financial incentive in the form of a 10 year grant to help offset the increased municipal property taxes that can result from the rehabilitation of a property. The resulting increase in property assessment and taxes would be eligible for re-imbursement at a rate of 80% (of the increase) in years 1 to 5; 60% in years 6 and 7; 40% in year 8; and 20% in years 9 and 10. The Niagara Region does not offer matching tax increment based grants for any Community Improvement Plans across the Region that were approved after March 1, 2018. The Lundy’s Lane Community Improvement Plan was approved by the City on March 27, 2018. Consequently, the tax-increment based grant would be based solely on the City’s share of the increased tax assessment post development. ANALYSIS/RATIONALE The Lundy’s Lane Community Improvement Plan (CIP) was adopted to stimulate the beautification and rehabilitation of properties along Lundy’s Lane. The incentive programs created through the CIP were designed based on a suite of guiding principles including one that Lundy’s Lane continue to function as a key tourism destination and corridor. Residential intensification along the Lundy’s Lane was envisioned and encouraged through mixed development, where a commercial function would remain on the ground floor or along the frontage of a property. In 2019, Council approved a change to the tax increment based grant incentive to include redevelopment of buildings or properties that can provide residential intensification without affecting the commercial function along Lundy’s Lane. Properties that met the criteria of being connected to Lundy’s Lane without having direct frontage were added to the Lundy’s Lane CIP Boundary Area. The subject lands were included in the amendment. The subject property is designated “Tourist Commercial” in the Official Plan which allows high density residential development in suitable locations. In conformity with the Official Plan policies, the apartment use of the property was considered and supported by the City through Zoning By-law Amendment No. 2019-23 and the property was rezoned to a Residential Apartment 5B Density (R5B) Zone. The proposed apartment building will not only provide a choice of housing type but will also assist in addressing the City’s low vacancy rate with the creation of rental units. The redevelopment of the lands will provide residential intensification to support the local and tourist commercial functions of the Lundy’s Lane corridor and meets the criteria of the Tax Based Incentive Grant Program. Page 74 of 374 3 PBD-2020-33 June 2, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The tax increment based grant is confirmed when construction is completed and the Municipal Property Assessment Corporation (MPAC) has added the additional taxable assessment. The tax assessment applied upon completion of the project will be the basis of the actual grant calculation in the Tax Increment Grant Agreement. Tax increment based grants impact future taxation years and will be accounted for at that time. Based on the estimated construction value of $3,695,000 and the estimated inc rease in tax assessment, the City’s grant may total approximately $141,221 at the end of the 10 - year grant period. The final grant amount will be calculated using the actual post -project assessed values as determined by MPAC. It is noted that the total a mount of grants, including development charge reductions, cannot exceed the total of eligible costs for the development Cash-in-lieu of Parkland Dedication Fee Council recently passed a new park land by-law (By-law No. 2020-35) which exempts redevelopment of lands within CIP areas from paying parkland dedication fees. This represents a savings of 5% of the value of the land to the developer and is a further incentive to redevelop the property for residential units. CITY’S STRATEGIC COMMITMENT The approval of the Tax Increment Grant will satisfy Council’s Strategic Priorities by implementing the financial incentive programs within the Lundy’s Lane CIP and bringing a multi-unit residential development into the City’s housing mix. LIST OF ATTACHMENTS Appendix 1 – Location Map Appendix 2 – Site Plan and Elevation Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:cr Attach. S:\PDR\2020\PBD-2020-33, Tax Increment Based Grant Application under the Lundy's Lane CIP, 5873 Brookfield.docx Page 75 of 374 4 PBD-2020-33 June 2, 2020 APPENDIX 1 Location Map 5873 Brookfield Avenue Page 76 of 374 5 PBD-2020-33 June 2, 2020 APPENDIX 2 Site Plan and Elevation Page 77 of 374 PBD-2020-35 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-35 AM -2015-004, Zoning By-law Amendment 3958 Cardinal Drive (formerly 7901, 7913 and 7933 Thorold Stone Road) Owner: Niagara Olympia Homes (George Bahdi) RECOMMENDATION That City Council pass the by-law on today’s agenda to permit a retirement home with up to 116 living units in a building having a height varying from 2 to 4 storeys. EXECUTIVE SUMMARY In 2015, Niagara Falls Facility Inc., applied to amend the zoning for a property at the northeast corner of Thorold Stone Road and Cardinal Drive (see Location Map Schedule 1). The zoning amendment would have had the effect of increasing the size of a permitted retirement home from 83 units to 116 units and to increase the height of the proposed building by 1 storey. City Council denied the application at the July 28, 2015 meeting. The owner appealed Council’s decision to the then OMB. BACKGROUND The OMB hearing approval of the application was given to increase the number of units and to allow the increase in height by a partial storey, as requested. The Board issued its written order on May 13, 2016. The Board’s decision was subject to the approval of a site plan for the property. In October last year, the Local Area Planning Tribunal closed its file and assigned administration of final approval to the City. The current owner, Mr. George Bahdi, has requested that the City pass the amending zoning by-law as approved by LPAT (OMB) and be allowed to submit a site plan application in the future when he is ready to proceed with construction. Staff have reviewed the request and determined that, once passed, the zo ning by-law will put into place the appropriate regulatory provisions to limit development to the approvals issued by the Province. The submission of a site plan application at a later date to implement zoning is consistent with the City’s planning practices. Therefore, the request is supported. Page 78 of 374 2 PBD-2020-35 June 2, 2020 DETAILS The lands are currently zoned Residential Low Density, Grouped Multiple Dwellings (R4- 815) which permits a Retirement Home having 83 living units and a building height between 13 and 16 metres (varies due to slope of ground). A request by Niagara Falls Facility Inc. (Reichmann Seniors Housing Development Corp), to increase the number of units by 35 and increase the height of the building by 1 storey was denied by City Council at its meeting of July 28, 2015. The owner appealed City Council’s decision to the Ontario Municipal Board (OMB). The OMB conducted a pre-hearing conference on February 10, 2016. In addition to the applicant and City, five individuals hearing appeared and were given participant status. At the OMB hearing conducted on May 3, 2016 none of the participants had filed the necessary participant statements and only one attended the hearing, but stated he did not intend to testify. The Board conducted the hearing and heard uncontested evidence in support of the requested zoning amendment. The Board Chair concluded that the by-law represents good planning and the decision was to allow the appeal and approve the by-law pending site plan approval. After almost 4 years the Board closed its file October 24, 2019 and assigned administration of the final approval to the City. The by-law as approved by the OMB is included on today’s agenda for approval. The by- law provides the appropriate zoning provisions to regulate the future development of the site for a retirement home. The owner of the land cannot proceed with any development of the property without first going through site plan approval. This property like any other property would be subject to circulation to departments and agencies and a full review of compliance with the zoning by-law. This process is exactly the same as any other pre- zoned property in the City. CITY’S STRATEGIC COMMITMENT This proposal is consistent with providing a complete community and supports the economic growth of the City. LIST OF ATTACHMENTS Schedule 1 – Location Map Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer AH:gd Attach. S:\PDR\2020\PBD-2020-35, AM-2015-004, George Bahdi, 3958 Cardinal Drive (formerly 7901, 7913 & 7933 Thorold Stone Road).docx Page 79 of 374 3 PBD-2020-35 June 2, 2020 SCHEDULE 1 Page 80 of 374 R&C-2020-09 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2020-09 Summer Aquatics Opening Plan RECOMMENDATION 1. That Council approve, pending the lifting of the Province of Ontario’s Emergency Order and with approval from the Niagara Region Public Health that the City opens five pools for July 1st, 2020. 2. That Council approve, pending the lifting of the Province of Ontar io’s Emergency Order and with approval from the Niagara Region Public Health that the City opens seven splash pads for July 1st, 2020. EXECUTIVE SUMMARY The May 19th, 2020 amendments to Ontario Regulation 104/20 made under the Emergency Management and Civil Protection Act - Closure of Outdoor Recreation Amenities listed outdoor amenities that can be opened. The amendment clearly stated public swimming pools, splash pads and similar outdoor water facilities are to remain closed. Further stated, Amenities should not be made available for public use until it is safe to do so. Health and safety for staff and residents visiting the City’s outdoor pools is a priority for the Recreation & Culture Department. The pools and splash pads will open when Ontario’s Emergency Order is lifted and the Niagara Region Public Health has inspected all pools and splash pads. New operating guidelines with enhanced cleaning procedures will be introduced to provide a safe environment for all users. If pools do not open for the season and splash pads are permitted to open, staff may be scheduled to supervise the splash pads. The monitors will maintain a recommended capacity and ensure participants are practicing social distancing. BACKGROUND Arena operations staff is responsible for performing the required maintenance to open the pools. The team of four staff usually commences this work early May. The work Page 81 of 374 2 R&C-2020-09 June 2, 2020 schedule to open the five pools and associated buildings takes approximately 8 weeks to complete. The seven splash pads are located throughout the City and take approximately 2 days to open. Niagara Region Public Health must inspect all pools and splash pads prior to opening. Once the pool is open, the staff team completes the required maintenance seven days a week for 8 to 10 weeks. Summer students are hired for lifeguard and swim instructor duties. Daily splash pad maintenance is performed by Municipal Works and Recreation & Culture staff. City of Niagara Falls public swimming is free to all participants. Last summer approximately 26,000 people visited the five outdoor pools over nine weeks. ANALYSIS/RATIONALE The Centre for Disease Control (CDC) has stated “There is no evidence that the vir us COVID-19 can be spread to people through the water in pools, hot tubs, spas or water play areas. Proper operation and maintenance (including disinfectant with chlorine and bromine) of these facilities should inactivate the virus in water”. This statement supports the opening of the municipal aquatic facilities. Recreation & Culture operations staff requires 2-3 weeks’ notice to open the pools. Recreation & Culture staff has participated in aquatic related webinars and have discussed opening outdoor pools with aquatic providers across Ontario. To safely provide public swimming, the following guidelines are recommended by Aquatic Operators and Professional Organizations. 1. Establish a Social Distance Capacity To determine a social distance capacity, staff must reference the current pool maximum capacity based on size and the number of guards. Capacity includes the participants in the pool and the bathers on the pool deck area. It is recommended the following capacity numbers be used for the city’s five pools. Outdoor Pool Current Capacity Average Daily Participants # Social Distance Capacity (25%) 2020 Staffing Numbers FH Leslie 310 58 75 5 EE Mitchelson 215 59 55 4 Prince Charles 215 53 55 4 NF Lions 215 51 55 4 Buck Hinsperger, Chippawa 80 16 20 3 Page 82 of 374 3 R&C-2020-09 June 2, 2020 Splash Pad Current Capacity Social Distance Capacity FH Leslie 40 20 EE Mitchelson 40 20 Prince Charles 40 20 NF Lions 40 20 Buck Hinsperger, Chippawa 50 25 Patrick Cummings 40 20 MacBain Community Centre Park 50 25 2. Limit Pool Visit By limiting how long patrons can stay in the pool/splash pad increases the number of individuals that can be served. Cleaning time will be scheduled in between public swimming times for staff to disinfect the entrance, change rooms, washroom areas and deck area. Proposed Pool Schedule: Monday to Sunday 11:00 am - 12 noon Adult Lane Swim 12:00 noon - 12:30 pm Clean 12:30pm - 2:00 pm Public Swim 2:00pm - 2:30 pm Clean 2:30pm – 4:00 pm Public Swim 4:00pm - 4:30 pm Clean 4:30pm – 6:00 pm Public Swim Proposed Splash Pad Schedule: Monday to Sunday 9:00 am – 5:00 pm All splash pads will be cleaned and inspected prior to opening every day. Every 2-3 days the splash pads will be sanitized. 3. Reservations Participants will call to reserve a swim time. Many aquatic facilities are recommending this procedure for adult lane swims. 4. Separate Entrance and Exits To reduce people to people interactions in the front lobby and hallways, different entrance and exits will have to be established. Participants can enter via the front Page 83 of 374 4 R&C-2020-09 June 2, 2020 entrance for screening and tracking numbers. A barrier will be installed on all front counters. Participants will than exit through the exterior pool/emergency gate. Fencing will be installed around the splash pad to control entry. It is planned to have an entrance and exit. If the social distancing restrictions are lifted, the fencing will be removed. 5. Dressed to Swim Access to the change rooms will be limited. Participants will arrive in their bathing suit ready to swim. Participants will walk through the change room area and have access to the washrooms and showers only. Personal belongings will be stored on the pool deck. 6. New COVID-19 Signage New signs will be installed to inform swimmers of the new procedures. Signage should also be posted to remind people to wash their hands, stay at home if sick and to respect proper social distancing. Floor/deck distance marking decals will be installed in the lobby area and by the diving board to enforce 2m social distancing in line. 7. Enhanced Cleaning Procedures Staff will sanitize high touch areas hourly; door handles inside and outside the facility, handrails, pool ladders, counter tops, restroom doors, faucets, sinks and light switches. There will be extra washroom cleaning procedures for toilets and floors. A detailed cleaning log will be maintained. 8. Shower Areas Decommission every other shower to ensure proper physical distancing. 9. Personal Protective Equipment Cleaning staff need to wear gloves and eye protection. Masks and face protection are required for first aid. 10. Cleaning and Disinfect Rescue Equipment Staff will clean and disinfect rescue equipment at the end of the day or during exchange between guards. All other deck equipment will be cleaned and disinfected at the same time. 11. Decommission Pool Seating Areas – Benches 12. Provide Staff Training Staff will be trained on the new operating guidelines and cleaning protocols. Page 84 of 374 5 R&C-2020-09 June 2, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS Staffing levels for the five pools require approximately 30 lifeguards to be hired. Additional staff may be needed to perform additional cleaning tasks . The City plans to re-hire returning aquatic staff. Existing city staff may be scheduled to monitor splash pads and large playgrounds. The total cost to operate five pools for ten weeks is approximately $500,000. This includes staffing – four pool maintenance operations staff, lifeguards, utilities, materials and contracted services. If the pools did not open this summer the pool maintenance staff will be redeployed to Municipal Works. Maintenance staff will perform necessary seasonal maintenance on all of the five pools – empty, clean and partially fill than close the pools for the season. Closure will result in a savings of $400,000. Operation Costs per Pool Outdoor Pool Lifeguards and Crossing Guards* FT maintenance staff (plus benefits) Water (2019 actuals) Hydro (2019 actuals) Materials Contracted Services (Security, Insurance, Waste) FH Leslie $46,500 $20,000 $26,225 $10,000 $7,600 $10,550 EE Mitchelson $42,400 $20,000 $17,625 $3,500 $7,600 $10,550 Prince Charles $52,500* $20,000 $11,375 $3,250 $7,600 $10,550 NF Lions $41,500* $20,000 $18,275 $3,500 $7,600 $10,550 Buck Hisperger, Chippawa $24,500 $20,000 $18,250 $3,000 $7,600 $4300 $207,400 $100,00 $91,750 $23,250 $38,000 $46,500 Seasonal water usage for splash pads ranges from $2,000 for the smaller splash pads to $25,000 for the busier, larger splash pads such as the MacBain Community Centre Park. CITY’S STRATEGIC COMMITMENT Foster Healthy Lifestyles through planning for and providing a range of accessible and affordable recreation facilities, events and opportunities. Page 85 of 374 6 R&C-2020-09 June 2, 2020 Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Office Page 86 of 374 F-2020-21 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-21 Monthly Tax Receivables Report – April RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City’s property tax receivables. Outstanding taxes as of April 30, 2020 were $37.0 million compared to $26.6 million in 2019. During April, tax receivables as a percentage of taxes billed increased from 28.8% in 2019 to 39.1% in 2020. The City’s finance staff has begun the collection process for properties that are subject to registration for 2020. There are currently eight properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. ANALYSIS/RATIONALE Tax collection for 2020 lags behind the collection history for 2019 for the month of April. Table 1 shows that taxes outstanding at April 30, 2020 are $37.0 million. This represents an increase from $26.6 million in arrears for the same period in 2019. This discrepancy is due to the COVID-19 pandemic as the City waived all penalty on current year taxes until June 30 in order to reduce the financial burden on property owners. This table also breaks down the taxes outstanding by year. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for the residential and commercial property class. The chart shows the taxes owing from the residential property class has decreased from a year ago whereas the commercial property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2020, 333 properties were subject to registration. Table 3 summarizes the progress of these actions after four months of activity. This table shows 54.6% of the tax accounts or 182 properties have been paid in full or the owners have made suitable payment arrangements. During April, four accounts were paid in full. Page 87 of 374 2 F-2020-21 June 2, 2020 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of April, no properties were registered. The outstanding taxes for registered properties represents 0.5% of the total taxes to be collected. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at April 30, 2020 is 39.1%, which is an increase of 2019’s value at 28.8%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at April 30, 2020 Table 2 Taxes Receivable by Property Class at April 30, 2020 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A.Felicetti Page 88 of 374 TABLE 1 Taxes Receivable at April 30, 2020 2020 2019 Outstanding Taxes @ March 31, 2020 56,909,927$ 55,471,878$ Taxes Due April 30, 2020 47,241,991$ 46,170,345$ Penalty Charged in April 114,527$ 208,137$ Taxes Collected during April 67,295,975$ 75,249,056$ Outstanding Taxes @ April 30, 2020 36,970,470$ 26,601,304$ Taxes Past Due 36,970,470$ 26,601,304$ Outstanding Taxes by Year: 3 Years and Prior 1,601,246$ 1,232,993$ 2 Year 2,793,655$ 2,459,570$ 1 Year 6,279,936$ 6,467,770$ Current 26,295,632$ 16,440,970$ Total 36,970,470$ 26,601,304$ TABLE 2 Taxes Receivable by Property Class at April 30, 2020 2020 % of Class 2019 % of Class Taxes Owing Taxes Owing Residential 17,952,051$ 48.56%15,700,670$ 59.02% Multi-Residential 707,578$ 1.91%348,865$ 1.31% Commercial 17,443,574$ 47.18%9,829,860$ 36.95% Industrial 814,024$ 2.20%689,566$ 2.59% Farmlands 53,244$ 0.14%32,343$ 0.12% Total Receivables 36,970,470$ 100.00%26,601,304$ 100.00% Page 89 of 374 TABLE 3 Number of Properties Subject to % Registration as at April 30, 2020 Initial Amount (January 1, 2020)333 Paid in Full 39 11.7% Payment Arrangements 143 42.9% Ongoing Collection 151 45.3% Action Registered 0 0.0% 333 100.0% TABLE 4 November 2020 3 78,210$ May 2021 5 110,713$ Totals 8 188,923$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 90 of 374 F-2020-22 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2020-22 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $32,094,456.16 for the period April 7, 2020 to May 18, 2020. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight’s Council agenda. Recommended by: Tiffany Clark, Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 91 of 374 Page 1 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount 11575511 CANADA INC 437286 29-Apr-2020 REFUND 2,084.00 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATING 437287 29-Apr-2020 CONTRACT SERVICES 1,031.69 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATING 437562 13-May-2020 CONTRACT SERVICES 370.64 180 MARKETING 437428 06-May-2020 CONTRACT SERVICES 9,028.70 1907729 ONTARIO INC 436875 08-Apr-2020 REFUND 7,399.79 1948141 ONTARIO LTD.437288 29-Apr-2020 REFUND 33,110.94 2 GUY'S GLASS INC 436877 08-Apr-2020 MATERIALS 78.58 2095527 ONTARIO LIMITED O/A EMBASSY SUITES 436975 15-Apr-2020 REFUND 11,739.28 2156914 ONTARIO INC O/A IDEAL PLUMBING & HEATING 437128 22-Apr-2020 CONTRACT SERVICES 1,356.00 2348441 ONTARIO INC O/A MR QUICK CAR WASH 436976 15-Apr-2020 CONTRACT SERVICES 122.04 2362849 ONTARIO INC 437129 22-Apr-2020 MATERIALS 19,386.85 2578139 ONTARIO INC O/A HALCO PORTABLES 436876 08-Apr-2020 CONTRACT SERVICES 508.50 2578139 ONTARIO INC O/A HALCO PORTABLES 436977 15-Apr-2020 CONTRACT SERVICES 169.50 2578139 ONTARIO INC O/A HALCO PORTABLES 437130 22-Apr-2020 CONTRACT SERVICES 169.50 2578139 ONTARIO INC O/A HALCO PORTABLES 437429 06-May-2020 CONTRACT SERVICES 1,582.00 2578139 ONTARIO INC O/A HALCO PORTABLES 437289 29-Apr-2020 MATERIALS 791.00 2578139 ONTARIO INC O/A HALCO PORTABLES 437563 13-May-2020 MATERIALS 8,023.00 2605831 ONTARIO INC 437430 06-May-2020 REFUND 1,250.00 A L G SAFETY 436883 08-Apr-2020 MATERIALS 2,643.07 AAA BIGGAR'S LOCKSMITH & SECURITY 436878 08-Apr-2020 CONTRACT SERVICES 984.91 AAA BIGGAR'S LOCKSMITH & SECURITY 437290 29-Apr-2020 CONTRACT SERVICES 11.30 AAA BIGGAR'S LOCKSMITH & SECURITY 436978 15-Apr-2020 MATERIALS 67.32 AAA BIGGAR'S LOCKSMITH & SECURITY 437431 06-May-2020 MATERIALS 674.62 AAA BIGGAR'S LOCKSMITH & SECURITY 437564 13-May-2020 MATERIALS 195.49 ABCEDE,FELIX 437291 29-Apr-2020 MATERIALS 200.00 ABI ATTACHMENTS INC.US DRAFT 5-May-20 MATERIALS 8,875.10 ACCEO SOLUTIONS INC.437131 22-Apr-2020 LEASES AND RENTS 73.00 ACCU LOCK AND SECURITY 437132 22-Apr-2020 CONTRACT SERVICES 180.80 ACCU LOCK AND SECURITY 437432 06-May-2020 CONTRACT SERVICES 262.73 ADMOR INDUSTRIAL DOCK & DOOR SYSTEMS INC.437433 06-May-2020 CONTRACT SERVICES 705.12 ADR CHAMBERS 437292 29-Apr-2020 CONTRACT SERVICES 9,466.58 ADVANCE TOWING & RECOVERY 436879 08-Apr-2020 CONTRACT SERVICES 327.70 ADVANCE TOWING & RECOVERY 437133 22-Apr-2020 CONTRACT SERVICES 50.85 ADVANCE TOWING & RECOVERY 437565 13-May-2020 CONTRACT SERVICES 395.50 AFTERMARKET PARTS COMPANY LLC 436880 08-Apr-2020 STORES/INVENTORY 974.09 AFTERMARKET PARTS COMPANY LLC 437134 22-Apr-2020 STORES/INVENTORY 13,992.18 AFTERMARKET PARTS COMPANY LLC 437293 29-Apr-2020 STORES/INVENTORY 1,883.05 AFTERMARKET PARTS COMPANY LLC 437434 06-May-2020 STORES/INVENTORY 735.38 AFTERMARKET PARTS COMPANY LLC 437566 13-May-2020 STORES/INVENTORY 12,408.70 AGRO ZAFFIRO LL P - IN TRUST 437135 22-Apr-2020 CONSULTING SERVICES 864.45 AGRO ZAFFIRO LLP 436881 08-Apr-2020 CONTRACT SERVICES 1,163.45 AGRO ZAFFIRO LLP 437567 13-May-2020 CONTRACT SERVICES 2,288.25 AJ STONE COMPANY LTD 436882 08-Apr-2020 MATERIALS 2,198.15 AJ STONE COMPANY LTD 437136 22-Apr-2020 MATERIALS 3,122.65 AJ STONE COMPANY LTD 437294 29-Apr-2020 MATERIALS 1,227.49 AJ STONE COMPANY LTD 437435 06-May-2020 MATERIALS 9,174.01 AJ STONE COMPANY LTD 437568 13-May-2020 MATERIALS 38,170.98 ALBANESE,LORI 437569 13-May-2020 REFUND 155.52 ALBERTA PRECISION LABORATORIES - AR 437295 29-Apr-2020 MATERIALS 43.00 ALERT LABS INC.437570 13-May-2020 CONTRACT SERVICES 2,712.00 ALFIDOME CONSTRUCTION 437137 22-Apr-2020 CONTRACT SERVICES 85,063.36 ALFIDOME CONSTRUCTION 437296 29-Apr-2020 CONTRACT SERVICES 4,373.10 ALFIDOME CONSTRUCTION 437436 06-May-2020 REFUND 750.00 ALISON'S SPORTS AWARDS & PROMOTIONS 436980 15-Apr-2020 MATERIALS 113.00 ALL STAR MECHANICAL 437139 22-Apr-2020 CONTRACT SERVICES 5,200.00 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 437571 13-May-2020 MATERIALS 174.92 ALLIED MEDICAL INSTRUMENTS INC 436981 15-Apr-2020 MATERIALS 596.12 ALLIED MEDICAL INSTRUMENTS INC 437138 22-Apr-2020 MATERIALS 159.09 ALLIED MEDICAL INSTRUMENTS INC 437297 29-Apr-2020 MATERIALS 4,896.76 ALTIERI BUILDING SUPPLIES LTD 437572 13-May-2020 MATERIALS 111.87 AMALGAMATED TRANSIT UNION #1582 00279-0001 20-Apr-2020 REMITTANCE 4,286.45 AMALGAMATED TRANSIT UNION #1582 00281-0001 04-May-2020 REMITTANCE 3,904.71 AMALGAMATED TRANSIT UNION #1582 00286-0001 18-May-2020 REMITTANCE 3,644.41 AMG ENVIRONMENTAL INC 436884 08-Apr-2020 CONTRACT SERVICES 2,203.50 AMG ENVIRONMENTAL INC 437298 29-Apr-2020 CONTRACT SERVICES 2,203.50 ANZOVINO,GIUSEPPE 437299 29-Apr-2020 REFUND 118.04 AQUAFOR BEECH LIMITED 437437 06-May-2020 MATERIALS 11,542.95 AQUAFOR BEECH LIMITED 437573 13-May-2020 MATERIALS 7,237.65 AQUATIC INFORMATICS INC.437438 06-May-2020 CONTRACT SERVICES 8,572.41 ARC ENGINEERING INC 437300 29-Apr-2020 MATERIALS 16,761.86 ARMSTRONG,SHERI 437574 13-May-2020 REFUND 79.07 Page 92 of 374 Page 2 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount ARTISTA DESIGN & PRINT INC 437140 22-Apr-2020 ADVERTISING 9,567.71 ARTISTA DESIGN & PRINT INC 436885 08-Apr-2020 MATERIALS 56.50 ARTISTA DESIGN & PRINT INC 437301 29-Apr-2020 MATERIALS 1,022.65 ARTISTA DESIGN & PRINT INC 437575 13-May-2020 MATERIALS 2,136.83 ASSOCIATED ENGINEERING (ONT) LTD 437576 13-May-2020 MATERIALS 7,643.50 ASTORINO,GUISEPPINA 437302 29-Apr-2020 REFUND 60.00 ATLAS INC 437577 13-May-2020 CONTRACT SERVICES 1,581.18 AUDREY T STUCCO DECORATION 436886 08-Apr-2020 REFUND 1,000.00 AUTOTRIM & SIGNS OF NIAGARA 437303 29-Apr-2020 CONTRACT SERVICES 72.32 AUTOTRIM & SIGNS OF NIAGARA 437578 13-May-2020 MATERIALS - 364 2020016778 824.90 B & B LIFT TRUCK SERVICE 437442 06-May-2020 CONTRACT SERVICES 165.76 BAGLIERI,CAREY 436887 08-Apr-2020 REFUND 548.76 BAGLIERI,MATTHEW 437141 22-Apr-2020 GRANT 75.00 BAILEY'S M.R.P. INC 436982 15-Apr-2020 CONTRACT SERVICES 2,034.00 BAIN PRINTING LIMITED 436888 08-Apr-2020 MATERIALS 1,180.85 BAIN PRINTING LIMITED 437142 22-Apr-2020 MATERIALS 297.37 BAKER TRANSIT PARTS INC.437143 22-Apr-2020 STORES/INVENTORY 5,662.78 BAKER TRANSIT PARTS INC.437304 29-Apr-2020 STORES/INVENTORY 2,101.49 BAKER TRANSIT PARTS INC.437579 13-May-2020 STORES/INVENTORY 1,794.12 BAKER TURNER INC.437439 06-May-2020 MATERIALS 1,090.45 BANACK RESOLUTIONS INC.437440 06-May-2020 CONTRACT SERVICES 5,750.00 BANDHU LAKHANI CAMPEA LLP 437305 29-Apr-2020 CONTRACT SERVICES 737.33 BATTLEFIELD EQUIPMENT RENTALS 437441 06-May-2020 CONTRACT SERVICES 4,123.26 BATTLEFIELD EQUIPMENT RENTALS 437580 13-May-2020 LEASES AND RENTS 3,952.30 BATTLEFIELD EQUIPMENT RENTALS 437306 29-Apr-2020 MATERIALS 1,192.69 BELL CANADA 436984 15-Apr-2020 MATERIALS 9,689.75 BELL CANADA 437307 29-Apr-2020 UTILITIES 99.44 BELL CANADA - PUBLIC ACCESS 437145 22-Apr-2020 UTILITIES 169.50 BELL CANADA - PUBLIC ACCESS 437582 13-May-2020 UTILITIES 169.50 BELRON CANADA INC.436985 15-Apr-2020 CONTRACT SERVICES 298.32 BELRON CANADA INC.437146 22-Apr-2020 CONTRACT SERVICES 298.32 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 436986 15-Apr-2020 MATERIALS 100.07 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 437147 22-Apr-2020 MATERIALS 526.35 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 437443 06-May-2020 MATERIALS 961.81 BICKLE MAIN INDUSTRIAL SUPPLY INC 436987 15-Apr-2020 MATERIALS 107.06 BICKLE MAIN INDUSTRIAL SUPPLY INC 437148 22-Apr-2020 MATERIALS 185.53 BICKLE MAIN INDUSTRIAL SUPPLY INC 437583 13-May-2020 MATERIALS 487.08 BIDDLE CONSULTING GROUP US DRAFT 8-Apr-20 CONTRACT SERVICES 995.00 BILL BAUGHN & ASSOCIATES 437584 13-May-2020 ADVERTISING 1,102.88 BILODEAU,MATHEW 437149 22-Apr-2020 REFUND 324.84 BISHOP,MELISSA 437308 29-Apr-2020 REFUND 60.00 BLACK & MCDONALD LTD 436890 08-Apr-2020 CONTRACT SERVICES 2,444.19 BLACK & MCDONALD LTD 437585 13-May-2020 CONTRACT SERVICES 4,210.18 BLAIS,PAUL 437150 22-Apr-2020 REFUND 175.00 BOARDMASTER SAWMILL & TREE SERVICE 437445 06-May-2020 MATERIALS 1,627.20 BOB ROBINSON & SON CONSTRUCTION 436988 15-Apr-2020 CONTRACT SERVICES 8,254.65 BOB ROBINSON & SON CONSTRUCTION 437309 29-Apr-2020 CONTRACT SERVICES 1,793.88 BOB ROBINSON & SON CONSTRUCTION 437446 06-May-2020 CONTRACT SERVICES 7,170.18 BOB ROBINSON & SON CONSTRUCTION 437587 13-May-2020 CONTRACT SERVICES 836.20 BOBCAT OF HAMILTON LTD 437586 13-May-2020 LEASES AND RENTS 4,294.00 BOYCHUK,MARGARET 437588 13-May-2020 REFUND 120.00 BOYS & GIRLS CLUB OF NIAGARA 437151 22-Apr-2020 GRANT 17,250.75 BRAND BLVD INC 437589 13-May-2020 MATERIALS 1,131.79 BRINKS CANADA LTD 437152 22-Apr-2020 CONTRACT SERVICES 310.89 BRINKS CANADA LTD 437310 29-Apr-2020 CONTRACT SERVICES 2,569.53 BROCK FORD 437153 22-Apr-2020 CONTRACT SERVICES 1,304.21 BROCK FORD 437311 29-Apr-2020 CONTRACT SERVICES 1,955.46 BROMAC CONSTRUCTION INC 436892 08-Apr-2020 CONTRACT SERVICES 334,941.67 BROMAC CONSTRUCTION INC 437447 06-May-2020 CONTRACT SERVICES 137,415.40 BUDGET DEMOLITION 436893 08-Apr-2020 CONTRACT SERVICES 30,886.06 BUILDING INNOVATION 437154 22-Apr-2020 MATERIALS 4,746.00 C U ADVERTISING 437323 29-Apr-2020 ADVERTISING 446.35 CALE CANADA 437155 22-Apr-2020 CONTRACT SERVICES 5,802.55 CAMPBELL,WAYNE 437590 13-May-2020 REFUND 406.80 CANADA CLEAN FUELS 436990 15-Apr-2020 FUEL 45,824.62 CANADA CLEAN FUELS 437156 22-Apr-2020 FUEL 81,653.46 CANADA CLEAN FUELS 437314 29-Apr-2020 FUEL 43,533.46 CANADA CLEAN FUELS 437448 06-May-2020 FUEL 19,181.60 CANADA CLEAN FUELS 437591 13-May-2020 FUEL 1,331.68 CANADA CLEAN FUELS 436894 08-Apr-2020 MATERIALS 3,193.58 CANADA POST CORPORATION 00278-0001 13-Apr-2020 MATERIALS 12,653.56 Page 93 of 374 Page 3 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount CANADA POST CORPORATION 00280-0001 27-Apr-2020 MATERIALS 3,973.98 CANADA POST CORPORATION 00281-0002 04-May-2020 MATERIALS 4,103.31 CANADA POST CORPORATION 00283-0001 11-May-2020 MATERIALS 3,574.34 CANADA POST CORPORATION 00286-0002 18-May-2020 MATERIALS 5,123.49 CANADIAN BEARINGS LTD 437159 22-Apr-2020 STORES/INVENTORY 188.34 CANADIAN DOOR DOCTOR 437315 29-Apr-2020 CONTRACT SERVICES 2,306.61 CANADIAN LINEN & UNIFORM 436896 08-Apr-2020 CONTRACT SERVICES 429.50 CANADIAN LINEN & UNIFORM 436993 15-Apr-2020 CONTRACT SERVICES 429.50 CANADIAN LINEN & UNIFORM 437160 22-Apr-2020 CONTRACT SERVICES 499.42 CANADIAN LINEN & UNIFORM 437316 29-Apr-2020 CONTRACT SERVICES 682.75 CANADIAN LINEN & UNIFORM 437449 06-May-2020 CONTRACT SERVICES 662.90 CANADIAN LINEN & UNIFORM 437592 13-May-2020 CONTRACT SERVICES 870.17 CANADIAN LOCATORS INC.436895 08-Apr-2020 CONTRACT SERVICES 3,772.62 CANADIAN LOCATORS INC.436991 15-Apr-2020 CONTRACT SERVICES 53,252.79 CANADIAN LOCATORS INC.437157 22-Apr-2020 CONTRACT SERVICES 52,232.68 CANADIAN MENTAL HEALTH ASSOCIATION 437450 06-May-2020 REFUND 5,696.00 CANADIAN NATIONAL 00279-0002 20-Apr-2020 CONTRACT SERVICES 64,300.60 CANADIAN NATIONAL 436994 15-Apr-2020 MATERIALS 7,062.82 CANADIAN NATIONAL 00280-0002 27-Apr-2020 MATERIALS 1,352.55 CANADIAN PACIFIC RAILWAY CO 436996 15-Apr-2020 CONTRACT SERVICES 1,214.50 CANADIAN SAFETY EQUIPMENT INC 437317 29-Apr-2020 MATERIALS 3,752.39 CANADIAN TIRE PROPERTIES INC.437158 22-Apr-2020 LEASES AND RENTS 4,257.32 CANON CANADA INC 437593 13-May-2020 GRANT 660.46 CANON CANADA INC 436995 15-Apr-2020 LEASES AND RENTS 660.46 CANON CANADA INC 437161 22-Apr-2020 SERVICES 161.61 CANSEL SURVEY EQUIPMENT INC 437594 13-May-2020 MATERIALS 781.28 CANTEC SECURITY SERVICES INC 437595 13-May-2020 CONTRACT SERVICES 881.40 CAPITANO,ROB 437451 06-May-2020 REFUND 142.37 CARMELO NIAGARA COMPANY LD O/A WYNDHAM HOTEL 437452 06-May-2020 REFUND 1,250.00 CARNEVALE,BROOKE 437596 13-May-2020 REFUND 208.60 CASSELS BROCK & BLACKWELL LLP 437318 29-Apr-2020 CONTRACT SERVICES 7,305.46 CASTLE MECHANICAL 436997 15-Apr-2020 CONTRACT SERVICES 2,971.83 CASTLE MECHANICAL 437162 22-Apr-2020 CONTRACT SERVICES 1,479.22 CASTLE MECHANICAL 437597 13-May-2020 CONTRACT SERVICES 2,451.34 CBM N.A. INC 437453 06-May-2020 STORES/INVENTORY 1,438.89 CBM N.A. INC 437598 13-May-2020 STORES/INVENTORY 875.34 CENTENNIAL INFRASTRUCTURE (NIAGARA) INC 437600 13-May-2020 CONTRACT SERVICES 605,494.35 CENTRAL COMMUNICATIONS 436897 08-Apr-2020 CONTRACT SERVICES 745.80 CENTRAL COMMUNICATIONS 437454 06-May-2020 CONTRACT SERVICES 824.90 CENTRAL COMMUNICATIONS 437599 13-May-2020 CONTRACT SERVICES 745.80 CHARLES JONES INDUSTRIAL LTD 436999 15-Apr-2020 STORES/INVENTORY 487.84 CHARLES JONES INDUSTRIAL LTD 437163 22-Apr-2020 STORES/INVENTORY 676.53 CHARLES JONES INDUSTRIAL LTD 437319 29-Apr-2020 STORES/INVENTORY 1,097.64 CHARLES JONES INDUSTRIAL LTD 437601 13-May-2020 STORES/INVENTORY 2,783.54 CHASE PAYMENTECH 437602 13-May-2020 REFUND 809.02 CHAWLA,TUSHAR 437320 29-Apr-2020 GRANT 2,957.50 CHEM AQUA 437321 29-Apr-2020 CONTRACT SERVICES 169.50 CHRISTINE HESS 437000 15-Apr-2020 MATERIALS 200.00 CIBC ELECTRONIC BANKING OPERATIONS 437455 06-May-2020 REFUND 67.89 CIBC ELECTRONIC BANKING OPERATIONS 437603 13-May-2020 REFUND 516.13 CIMA CANADA INC 437001 15-Apr-2020 MATERIALS 35,996.49 CIMA CANADA INC 437604 13-May-2020 MATERIALS 10,709.76 CIMCO REFRIGERATION 437002 15-Apr-2020 CONTRACT SERVICES 17,105.73 CITY ELECTRIC SUPPLY 437456 06-May-2020 MATERIALS 73.73 CITY VIEW BUS SALES & SERVICE LTD.437457 06-May-2020 STORES/INVENTORY 10,544.87 CLEVER DEVICES LIMITED 437458 06-May-2020 MATERIALS 4,772.24 CLOCKWORK SYSTEMS INC 437459 06-May-2020 CONTRACT SERVICES 185.32 C-MAX FIRE SOLUTIONS 437003 15-Apr-2020 MATERIALS 647.56 CME MAIL INC 436898 08-Apr-2020 MATERIALS 607.78 COGECO CONNEXION INC 437004 15-Apr-2020 CONTRACT SERVICES 36.10 COGECO CONNEXION INC 437605 13-May-2020 CONTRACT SERVICES 36.10 COGECO CONNEXION INC 437164 22-Apr-2020 SERVICES 73.39 COGECO CONNEXION INC.437322 29-Apr-2020 MATERIALS 7,503.22 COMMERCIAL CLEANING SERVICES 437005 15-Apr-2020 CONTRACT SERVICES 6,864.75 COMMISSIONAIRES 437165 22-Apr-2020 CONTRACT SERVICES 13,978.30 COMMISSIONAIRES 437324 29-Apr-2020 CONTRACT SERVICES 1,717.60 COMMISSIONAIRES 437460 06-May-2020 CONTRACT SERVICES 836.91 COMMISSIONAIRES 437606 13-May-2020 CONTRACT SERVICES 30,117.32 COVELLI,JOE 437167 22-Apr-2020 REFUND 459.80 CRAIG BOAN ENTERPRISES LTD 437461 06-May-2020 MATERIALS 425.25 CRAWFORD & COMPANY (CANADA) INC 437168 22-Apr-2020 CONTRACT SERVICES 4,393.00 Page 94 of 374 Page 4 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount CRAWFORD & COMPANY (CANADA) INC 437325 29-Apr-2020 CONTRACT SERVICES 1,322.50 CRAWFORD & COMPANY (CANADA) INC 437462 06-May-2020 CONTRACT SERVICES 138.00 CRAWFORD & COMPANY (CANADA) INC 437607 13-May-2020 CONTRACT SERVICES 1,334.00 CRAWFORD & COMPANY (CANADA) INC IN TRUST 437169 22-Apr-2020 REMITTANCE 9,090.93 CRL CAMPBELL CONSTRUCTION & DRAINAGE LTD 437170 22-Apr-2020 CONTRACT SERVICES 130,809.67 CUMMINS CANADA ULC 437171 22-Apr-2020 CONTRACT SERVICES 1,499.91 CUMMINS-ALLISON ULC 437463 06-May-2020 MATERIALS 486.75 CUPE LOCAL 133 00279-0003 20-Apr-2020 REMITTANCE 8,539.15 CUPE LOCAL 133 00281-0003 04-May-2020 REMITTANCE 8,370.06 CUPE LOCAL 133 00286-0003 18-May-2020 REMITTANCE 8,670.18 CUSTOM METAL FRAME AND DOOR 437006 15-Apr-2020 CONTRACT SERVICES 2,247.57 D & R ELECTRONICS 437465 06-May-2020 MATERIALS 302.84 DAMERA BUS SALES CANADA CORP 437173 22-Apr-2020 LEASES AND RENTS 50,850.00 DAMERA BUS SALES CANADA CORP 437326 29-Apr-2020 LEASES AND RENTS 30,512.26 DARCH FIRE 436900 08-Apr-2020 MATERIALS 76.18 DARCH FIRE 437327 29-Apr-2020 MATERIALS 76.18 DAVIDSON ENVIRONMENTAL 437174 22-Apr-2020 CONTRACT SERVICES 42.04 DAWN,BRENT 437608 13-May-2020 REFUND 175.00 DELL CANADA INC 437328 29-Apr-2020 MATERIALS 50.21 DELLA MARCA,EDWARD 437008 15-Apr-2020 REFUND 100.00 DEMAR CONSTRUCTION 437175 22-Apr-2020 CONTRACT SERVICES 444,979.10 DEPENDABLE EMERGENCY VEHICLES 437176 22-Apr-2020 MATERIALS 2,307.28 DEPENDABLE EMERGENCY VEHICLES 437329 29-Apr-2020 MATERIALS 90.40 DESIGN ELECTRONICS 436901 08-Apr-2020 SERVICES 6,840.97 DESIGN ELECTRONICS 437464 06-May-2020 SERVICES 802.29 DICAN INC.437177 22-Apr-2020 MATERIALS 11,217.85 DIODATI,JIM 437178 22-Apr-2020 REMITTANCE 1,155.00 DOMSON ENGINEERING & INSPECTION LTD 437009 15-Apr-2020 MATERIALS 4,281.29 DOWNTOWN BOARD OF MANAGEMENT 436974 08-Apr-2020 REMITTANCE 52,500.00 DR. CHRISTOPHER GRANT RUSSELL 437256 22-Apr-2020 MATERIALS 14,371.34 DROLLIS SAFETY SUPPLY CO LTD 437010 15-Apr-2020 STORES/INVENTORY 202.50 DUBOIS CHEMICALS CANADA INC 436902 08-Apr-2020 MATERIALS 2,862.57 DUCHESNE,PAUL RYAN 437466 06-May-2020 REFUND 500.00 DULUX- PPG ARCHITECTURAL COATINGS CANADA INC 437011 15-Apr-2020 MATERIALS 134.31 DUMONT SECURITY 437330 29-Apr-2020 CONTRACT SERVICES 1,214.58 DUMONT SECURITY 437610 13-May-2020 CONTRACT SERVICES 1,214.58 D'UVA,NiCK& D'UVA, MARY 437467 06-May-2020 REFUND 500.00 DYNACARE 437331 29-Apr-2020 MATERIALS 67.20 E3 LABORATORIES 436903 08-Apr-2020 CONTRACT SERVICES 20.34 E3 LABORATORIES 437179 22-Apr-2020 CONTRACT SERVICES 1,342.44 E3 LABORATORIES 437332 29-Apr-2020 CONTRACT SERVICES 2,069.03 E3 LABORATORIES 437468 06-May-2020 CONTRACT SERVICES 40.68 EASIFILE 437333 29-Apr-2020 SUPPLIES 474.92 EASTLAND,MARI-LYNNE 437611 13-May-2020 ADVERTISING 67.80 EASY FINANCIAL 437125 15-Apr-2020 PAYROLL REMITTANCE 267.01 EASY FINANCIAL 437334 29-Apr-2020 PAYROLL REMITTANCE 267.01 EASY FINANCIAL 437612 13-May-2020 PAYROLL REMITTANCE 267.01 ED LEARN FORD LINCOLN LTD 437180 22-Apr-2020 STORES/INVENTORY 18.98 EDWARD P LUSTIG LLB 437469 06-May-2020 CONTRACT SERVICES 22,713.00 ELECTRICAL SAFETY AUTHORITY 437336 29-Apr-2020 CONTRACT SERVICES 19,229.03 ELIA,CAROLINE 437614 13-May-2020 REFUND 208.60 ELIA,KRISTINE 437613 13-May-2020 REFUND 68.58 ELLIS ENGINEERING INC.437012 15-Apr-2020 MATERIALS 13,520.20 ELLIS ENGINEERING INC.437615 13-May-2020 MATERIALS 5,188.51 EMCO CORPORATION 437337 29-Apr-2020 MATERIALS 1,119.83 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00278-0002 13-Apr-2020 UTILITIES 45,913.60 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00279-0004 20-Apr-2020 UTILITIES 1,867.33 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00280-0003 27-Apr-2020 UTILITIES 1,779.47 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00281-0004 04-May-2020 UTILITIES 3,377.86 ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00286-0004 18-May-2020 UTILITIES 39,493.15 ENGHOUSE TRANSPORTATION LIMITED 437338 29-Apr-2020 CONTRACT SERVICES 7,876.10 ENGHOUSE TRANSPORTATION LIMITED 437181 22-Apr-2020 MATERIALS 15,574.79 ENGHOUSE TRANSPORTATION LIMITED 437470 06-May-2020 MATERIALS 6,605.70 ENVIROSYSTEMS INCORPORATED 437013 15-Apr-2020 CONTRACT SERVICES 7,806.19 E-QUIP RENTALS & REPAIRS INC 437339 29-Apr-2020 CONTRACT SERVICES 2,610.79 E-QUIP RENTALS & REPAIRS INC 437471 06-May-2020 MATERIALS 3,476.71 E-QUIP RENTALS & REPAIRS INC 437616 13-May-2020 MATERIALS 1,529.74 E-QUIP RENTALS & REPAIRS INC 437014 15-Apr-2020 STORES/INVENTORY 509.44 EQUIPMENT SPECIALIST INC 437182 22-Apr-2020 MATERIALS 10,026.94 ETERNITY STUDIOS 437015 15-Apr-2020 MATERIALS 474.60 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 437617 13-May-2020 CONTRACT SERVICES 355.95 Page 95 of 374 Page 5 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 436904 08-Apr-2020 MATERIALS 6,072.45 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 437016 15-Apr-2020 MATERIALS 44,529.29 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 437183 22-Apr-2020 MATERIALS 740.83 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 437340 29-Apr-2020 MATERIALS 6,326.87 EVERTRUST DEVELOPMENT GROUP 437341 29-Apr-2020 REFUND 6,749.12 EXP SERVICES INC 436905 08-Apr-2020 MATERIALS 2,237.40 EXP SERVICES INC 437017 15-Apr-2020 MATERIALS 7,062.50 EXP SERVICES INC 437342 29-Apr-2020 MATERIALS 16,142.05 EXP SERVICES INC 437618 13-May-2020 MATERIALS 1,196.67 FALLS CHEVROLET CADILLAC 436906 08-Apr-2020 CONTRACT SERVICES 1,650.98 FALLS CHEVROLET CADILLAC 437018 15-Apr-2020 CONTRACT SERVICES 7,029.32 FALLS CHEVROLET CADILLAC 437343 29-Apr-2020 CONTRACT SERVICES 4,082.70 FALLS CHEVROLET CADILLAC 437184 22-Apr-2020 MATERIALS 1,260.44 FALLS CHEVROLET CADILLAC 437619 13-May-2020 STORES/INVENTORY 1,785.51 FALLS ELECTRIC INC 437019 15-Apr-2020 CONTRACT SERVICES 554.40 FALLSWAY SUPPLY 436907 08-Apr-2020 MATERIALS 24.25 FALLSWAY SUPPLY 437344 29-Apr-2020 MATERIALS 839.86 FASKEN MARTINEAU DUMOULIN LLP 436908 08-Apr-2020 CONSULTING SERVICES 36,465.67 FASTENAL CANADA LTD 436909 08-Apr-2020 MATERIALS 101.47 FASTENAL CANADA LTD 437185 22-Apr-2020 MATERIALS 3,711.05 FASTENAL CANADA LTD 437345 29-Apr-2020 MATERIALS 1,428.70 FASTENAL CANADA LTD 437020 15-Apr-2020 STORES/INVENTORY 361.21 FASTENAL CANADA LTD 437620 13-May-2020 STORES/INVENTORY 2,410.16 FEDERAL EXPRESS CANADA LTD 437346 29-Apr-2020 MATERIALS 51.25 FILION WAKELY THORUP ANGELETTI LLP 437021 15-Apr-2020 CONTRACT SERVICES 988.75 FILION WAKELY THORUP ANGELETTI LLP 437621 13-May-2020 CONTRACT SERVICES 1,553.75 FIRE MONITORING OF CANADA INC 437186 22-Apr-2020 CONTRACT SERVICES 545.11 FIRE MONITORING OF CANADA INC 437347 29-Apr-2020 CONTRACT SERVICES 135.60 FIRE MONITORING OF CANADA INC 437022 15-Apr-2020 MATERIALS 748.51 FIREHALL BOOKSTORE 437622 13-May-2020 MATERIALS 3,033.18 FLEXO PRODUCTS LTD 437187 22-Apr-2020 MATERIALS 6,778.90 FLEXO PRODUCTS LTD 437348 29-Apr-2020 MATERIALS 685.11 FLEXO PRODUCTS LTD 436910 08-Apr-2020 STORES/INVENTORY 636.91 FLEXO PRODUCTS LTD 437023 15-Apr-2020 STORES/INVENTORY 9,273.58 FLEXO PRODUCTS LTD 437472 06-May-2020 STORES/INVENTORY 8.41 FLEXO PRODUCTS LTD 437623 13-May-2020 STORES/INVENTORY 1,503.86 FORM & AFFECT 437024 15-Apr-2020 MATERIALS 1,254.30 FORNASIER,CHRISTOPHER 437624 13-May-2020 REFUND 573.00 FORTUNA,ANDY 436911 08-Apr-2020 REFUND 120.00 FRANK COWAN COMPANY LIMITED 436912 08-Apr-2020 CONTRACT SERVICES 32,842.72 FRANK COWAN COMPANY LIMITED 437188 22-Apr-2020 MATERIALS 23,895.59 G. O'CONNOR CONSULTANTS INC 437191 22-Apr-2020 MATERIALS 565.00 GALES GAS BARS LIMITED 437473 06-May-2020 FUEL 25,906.44 GAUBOC CONSTRUCTION LIMITED 437625 13-May-2020 CONTRACT SERVICES 8,650.15 GERRIE ELECTRIC WHOLESALE LTD 437189 22-Apr-2020 STORES/INVENTORY 184.96 GIRARD,DR D.M.437474 06-May-2020 REFUND 40.00 GM BLUEPLAN ENGINEERING LIMITED 436913 08-Apr-2020 MATERIALS 24,949.35 GM BLUEPLAN ENGINEERING LIMITED 437025 15-Apr-2020 MATERIALS 5,387.28 GM BLUEPLAN ENGINEERING LIMITED 437190 22-Apr-2020 MATERIALS 31,259.50 GM BLUEPLAN ENGINEERING LIMITED 437349 29-Apr-2020 MATERIALS 10,032.24 GM BLUEPLAN ENGINEERING LIMITED 437475 06-May-2020 MATERIALS 2,878.74 GOODWILL INDUSTRIES OF NIAGARA 437476 06-May-2020 REFUND 24,246.77 GRAYBAR CANADA 437192 22-Apr-2020 MATERIALS 279.34 GRAYBAR CANADA 437350 29-Apr-2020 MATERIALS 112.06 GRAYBAR CANADA 437477 06-May-2020 MATERIALS 985.18 GRAYBAR CANADA 437626 13-May-2020 MATERIALS 814.23 GREAT LAKES FIRE SERVICES 437351 29-Apr-2020 MATERIALS 93.23 GREAT LAKES FIRE SERVICES 437627 13-May-2020 MATERIALS 370.08 GREATER NIAGARA CHAMBER OF COMMERCE 437026 15-Apr-2020 MATERIALS 140.30 GROFF,JOHNATHAN LEE 437478 06-May-2020 REFUND 500.00 GROWTH SOCIAL HOUSE INC,437479 06-May-2020 REFUND 1,250.00 GT FRENCH 437194 22-Apr-2020 MATERIALS 36.52 GT FRENCH 437628 13-May-2020 STORES/INVENTORY 1,690.40 GTECHNA 437352 29-Apr-2020 LEASES AND RENTS 36.50 GTECHNA 437027 15-Apr-2020 MATERIALS 1,525.50 GTECHNA 437193 22-Apr-2020 MATERIALS 11,356.50 GUO,GABRIELLA 437629 13-May-2020 REFUND 231.58 HALLEX ENGINEERING LTD 437028 15-Apr-2020 MATERIALS 178,828.77 HALLEX ENGINEERING LTD 437353 29-Apr-2020 MATERIALS 54,730.36 HDS CANADA INC 437630 13-May-2020 MATERIALS 642.97 HEART NIAGARA INC 437029 15-Apr-2020 MATERIALS 107.35 Page 96 of 374 Page 6 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount HEART NIAGARA INC 437480 06-May-2020 REFUND 6,443.74 HEARTLAND FOREST NATURE EXPERIENCE 437631 13-May-2020 ADVERTISING 840.00 HEDDEN,BRYAN 437354 29-Apr-2020 REFUND 881.77 HERLOVITCH,ALEX 437355 29-Apr-2020 REFUND 1,309.94 HICKS MORLEY HAMILTON STEWART STORIE LLP 436914 08-Apr-2020 CONTRACT SERVICES 108.48 HIGH PEAKS SERVICES INC 437481 06-May-2020 MATERIALS 1,695.00 HOLDER,LAMONT 437482 06-May-2020 REFUND 98.88 HOSPITAL ACTIVITY BOOK FOR CHILDREN 436915 08-Apr-2020 ADVERTISING 270.07 HR SYSTEMS STRATEGIES INC 437483 06-May-2020 SERVICES 10,875.12 HUMMEL PROPERTIES INC 437356 29-Apr-2020 REFUND 8,481.67 IBI GROUP 437195 22-Apr-2020 MATERIALS 3,445.74 IBI GROUP PROFESSIONAL SERVICES (CANADA) INC 437632 13-May-2020 MATERIALS 4,998.60 INFOR (CANADA) LTD.US DRAFT 5-May-20 MATERIALS 211.89 INNOVATIVE SURFACE SOLUTIONS CANADA 436916 08-Apr-2020 MATERIALS 5,547.31 INNOVATIVE SURFACE SOLUTIONS CANADA 437484 06-May-2020 MATERIALS 5,939.46 J J MACKAY CANADA LTD 437196 22-Apr-2020 MATERIALS 21.31 J.D. BARNES LIMITED 436919 08-Apr-2020 MATERIALS 1,977.50 J.D. BARNES LIMITED 437030 15-Apr-2020 MATERIALS 18,080.00 J.D. BARNES LIMITED 437487 06-May-2020 MATERIALS 4,497.08 JACK DOW AUTO SUPPLIES LIMITED 436917 08-Apr-2020 MATERIALS 167.79 JACK DOW AUTO SUPPLIES LIMITED 437357 29-Apr-2020 MATERIALS 391.73 JACK DOW AUTO SUPPLIES LIMITED 437485 06-May-2020 MATERIALS 999.16 JACK DOW AUTO SUPPLIES LIMITED 437633 13-May-2020 MATERIALS 1,733.49 JANASZEK,DEANNA-LYNN 437486 06-May-2020 REFUND 200.00 JASON HAYWOOD PHOTOGRAPHY 436918 08-Apr-2020 MATERIALS 500.00 JBM OFFICE SYSTEMS LTD 437634 13-May-2020 LEASES AND RENTS 93.23 JEWISH NIAGARA 437488 06-May-2020 REFUND 9,080.50 JOE JOHNSON EQUIPMENT 437489 06-May-2020 LEASES AND RENTS 25,425.00 JOHNNY RAG 437031 15-Apr-2020 MATERIALS 528.68 JOHNNY RAG 437197 22-Apr-2020 MATERIALS 472.97 K9 DESIGN CO 436920 08-Apr-2020 ADVERTISING 5,650.00 KANEFF CAPITAL PROPERTIES INC.436921 08-Apr-2020 REFUND 1,623.73 KEEFER MANAGEMENT INC 437198 22-Apr-2020 LEASES AND RENTS 5,340.04 KEIGHAN,MICHAEL 436922 08-Apr-2020 REFUND 423.75 KEIGHAN,SEAN VINCENT 437032 15-Apr-2020 REFUND 500.00 KELLY SERVICES (CANADA) LTD.437033 15-Apr-2020 CONTRACT SERVICES 507.82 KELLY SERVICES (CANADA) LTD.437359 29-Apr-2020 CONTRACT SERVICES 2,031.28 KELLY SERVICES (CANADA) LTD.437635 13-May-2020 CONTRACT SERVICES 3,141.84 KELLY,LEE 437358 29-Apr-2020 REFUND 60.00 KEN WARDEN CONSTRUCTION LTD 437360 29-Apr-2020 LEASES AND RENTS 8,701.00 KENWORTH TRUCK CENTRES 437636 13-May-2020 MATERIALS 5,248.45 KENWORTH TRUCK CENTRES 437199 22-Apr-2020 STORES/INVENTORY 188.88 KENWORTH TRUCK CENTRES 437490 06-May-2020 STORES/INVENTORY 162.72 KERRY T HOWE ENGINEERING LTD 437361 29-Apr-2020 MATERIALS 816.44 KING CONTRACTORS OF NIAGARA LTD 437200 22-Apr-2020 REFUND 233.49 KIRKPATRICK STONEWORKS LTD.437034 15-Apr-2020 MATERIALS 1,423.80 KODIAK TREE SERVICES 437362 29-Apr-2020 CONTRACT SERVICES 1,884.28 KOSANOVICH,MARA 436923 08-Apr-2020 REFUND 815.97 KRAWCZYK CONSTRUCTION MAINTENANCE INC 437363 29-Apr-2020 CONTRACT SERVICES 2,159.43 LAKESIDE LANDSCAPE INC.437201 22-Apr-2020 MATERIALS 353.08 LAKESIDE LANDSCAPE INC.437364 29-Apr-2020 MATERIALS 9,873.81 LANDSCAPE OF NATIONS 360 437637 13-May-2020 MATERIALS 8,100.00 LANDTEK LIMITED 437365 29-Apr-2020 MATERIALS 8,136.00 LAW CRUSHED STONE 436924 08-Apr-2020 MATERIALS 3,477.01 LAW CRUSHED STONE 437491 06-May-2020 MATERIALS 7,664.24 LAW SOCIETY OF ONTARIO 437202 22-Apr-2020 CONTRACT SERVICES 2,831.51 LAWSON PRODUCTS INC 436925 08-Apr-2020 MATERIALS 1,957.66 LAWSON PRODUCTS INC 437035 15-Apr-2020 MATERIALS 1,903.13 LAWSON PRODUCTS INC 437203 22-Apr-2020 MATERIALS 2,932.87 LAWSON PRODUCTS INC 437366 29-Apr-2020 MATERIALS 1,924.41 LAWSON PRODUCTS INC 437492 06-May-2020 MATERIALS 1,181.61 LAWSON PRODUCTS INC 437638 13-May-2020 MATERIALS 1,767.11 LEA,MELISSA 437367 29-Apr-2020 REFUND 61.24 LEXISNEXIS CANADA INC 437639 13-May-2020 MATERIALS 121.54 LHC TECHNOLOGY CORPORATION 437493 06-May-2020 MATERIALS 2,458.07 LIFESAVING SOCIETY 437036 15-Apr-2020 MATERIALS 100.00 LIGHTNING EQUIPMENT SALES INC 437037 15-Apr-2020 MATERIALS 288.15 LIGHTNING EQUIPMENT SALES INC 437368 29-Apr-2020 MATERIALS 5,003.64 LINKSON,MICHAEL 437038 15-Apr-2020 REFUND 67.80 LJ BARTON MECHANICAL INC 437494 06-May-2020 CONTRACT SERVICES 121,701.14 LOMBARDI,MICHAEL 437641 13-May-2020 REFUND 100.01 Page 97 of 374 Page 7 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount LUEY,CATHERINE 436927 08-Apr-2020 REFUND 500.00 LUEY,CATHERINE 437369 29-Apr-2020 REFUND 150.00 LUEY,CATHERINE 437642 13-May-2020 REFUND 240.14 M&L SUPPLY FIRE AND SAFETY 437377 29-Apr-2020 MATERIALS 2,018.02 M&L SUPPLY FIRE AND SAFETY 437506 06-May-2020 MATERIALS 214.61 MACNAUGHTON HERMSEN BRITTON CLARKSON PLANNING LIMITED437204 22-Apr-2020 CONTRACT SERVICES 813.04 MACNEIL,CYNTHIA 437643 13-May-2020 TRAINING 424.70 MANCHESTER VICTORIAVILLE AND CO.437039 15-Apr-2020 CONTRACT SERVICES 1,212.49 MANCUSO CHEMICALS LIMITED 437040 15-Apr-2020 MATERIALS 3,451.02 MANCUSO CHEMICALS LIMITED 437205 22-Apr-2020 MATERIALS 335.97 MANCUSO CHEMICALS LIMITED 437370 29-Apr-2020 MATERIALS 323.35 MANCUSO CHEMICALS LIMITED 437495 06-May-2020 MATERIALS 713.07 MANCUSO CHEMICALS LIMITED 437644 13-May-2020 MATERIALS 403.73 MANITOULIN TRANSPORT INC 437041 15-Apr-2020 MATERIALS 339.19 MARICIC,TANIA 437374 29-Apr-2020 GRANT 385.00 MARK'S COMMERCIAL 436928 08-Apr-2020 MATERIALS 1,910.43 MARK'S COMMERCIAL 437042 15-Apr-2020 MATERIALS 6,436.35 MARK'S COMMERCIAL 437206 22-Apr-2020 MATERIALS 5,506.68 MARK'S COMMERCIAL 437372 29-Apr-2020 MATERIALS 32,167.64 MARK'S COMMERCIAL 437496 06-May-2020 MATERIALS 968.38 MARK'S L'EQUIPEUR 437645 13-May-2020 MATERIALS 357.71 MARKS SUPPLY INC 436929 08-Apr-2020 MATERIALS 69.42 MARKS SUPPLY INC 437043 15-Apr-2020 MATERIALS 25.88 MARKS SUPPLY INC 437207 22-Apr-2020 MATERIALS 78.42 MARKS SUPPLY INC 437373 29-Apr-2020 MATERIALS 143.28 MARKS SUPPLY INC 437497 06-May-2020 MATERIALS 1,209.75 MARKS SUPPLY INC 437646 13-May-2020 MATERIALS 453.78 MARONE,ROSETTA& MARONE, GIUSEPPE 436930 08-Apr-2020 REFUND 2,500.00 MATER,BRENDAN 437647 13-May-2020 MATERIALS 175.00 MAURICE,STEVE 437498 06-May-2020 TRAVEL/MILEAGE 117.72 MAZZETTI,JOE 437648 13-May-2020 TRAVEL/MILEAGE 52.92 MCCONNERY,TROY 437649 13-May-2020 TRAINING 267.96 MCD MECHANICAL 437208 22-Apr-2020 CONTRACT SERVICES 10,400.00 MCDOW,KEITH EDWIN 436931 08-Apr-2020 REFUND 500.00 MCLEOD & SAVOIE AUTO AND TRUCK REPAIRS LTD 437209 22-Apr-2020 CONTRACT SERVICES 2,967.71 MCLEOD,DAVID 436932 08-Apr-2020 MATERIALS 120.00 MENDIS,BRENDON 437375 29-Apr-2020 REFUND 567.00 MENECHELLA,CARMELO 436933 08-Apr-2020 REMITTANCE 3,978.75 METAL SUPERMARKETS 437044 15-Apr-2020 MATERIALS 87.21 METRO PLUMBING & HEATING 436935 08-Apr-2020 CONTRACT SERVICES 214.70 METRO PLUMBING & HEATING 437211 22-Apr-2020 CONTRACT SERVICES 9,429.57 METRO TRUCK GROUP 437212 22-Apr-2020 MATERIALS 461.05 METRO TRUCK GROUP 437651 13-May-2020 MATERIALS 2,102.33 METROLAND MEDIA GROUP 436934 08-Apr-2020 ADVERTISING 403.41 METROLAND MEDIA GROUP 437045 15-Apr-2020 ADVERTISING 403.41 METROLAND MEDIA GROUP 437210 22-Apr-2020 ADVERTISING 1,566.73 METROLAND MEDIA GROUP 437376 29-Apr-2020 ADVERTISING 274.59 METROLAND MEDIA GROUP 437499 06-May-2020 ADVERTISING 549.18 METROLAND MEDIA GROUP 437650 13-May-2020 ADVERTISING 274.59 MIDCITY AUTO SERVICE 437500 06-May-2020 MATERIALS 14,690.00 MIJATOVICH,NED 437501 06-May-2020 MEMBERSHIP 428.41 MINISTER OF FINANCE 437504 06-May-2020 MATERIALS 9,600.00 MINISTER OF FINANCE 437502 06-May-2020 PAYROLL REMITTANCE 104,144.54 MINISTER OF FINANCE 437503 06-May-2020 PAYROLL REMITTANCE 6,336.64 MINISTRY OF ATTORNEY GENERAL 00279-0005 20-Apr-2020 PAYROLL REMITTANCE 3,394.12 MINISTRY OF ATTORNEY GENERAL 00281-0005 04-May-2020 PAYROLL REMITTANCE 3,394.12 MINISTRY OF ATTORNEY GENERAL 00286-0005 18-May-2020 PAYROLL REMITTANCE 3,358.04 MINISTRY OF TRANSPORTATION 437652 13-May-2020 CONTRACT SERVICES 107.25 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 437505 06-May-2020 STORES/INVENTORY 2,313.75 MITCHELL REILLY PICTURES 437046 15-Apr-2020 ADVERTISING 1,130.00 MNP LLP 437653 13-May-2020 CONTRACT SERVICES 14,238.00 MOBILE SMART CITY CORP.US DRAFT 5-May-20 CONTRACT SERVICES 8,910.00 MODERN LANDFILL INC 437047 15-Apr-2020 CONTRACT SERVICES 4,676.56 MODERN LANDFILL INC 437213 22-Apr-2020 CONTRACT SERVICES 1,958.77 MODERN LANDFILL INC 437654 13-May-2020 CONTRACT SERVICES 4,715.77 MOHAWK MFG & SUPPLY CO 437214 22-Apr-2020 STORES/INVENTORY 3,202.28 MOHAWK MFG & SUPPLY CO 437379 29-Apr-2020 STORES/INVENTORY 326.95 MOHAWK MFG & SUPPLY CO 437508 06-May-2020 STORES/INVENTORY 4,484.86 MOHAWK MFG & SUPPLY CO 437655 13-May-2020 STORES/INVENTORY 495.10 MOLDENHAUER,KATHY 437048 15-Apr-2020 TRAVEL/MILEAGE 151.20 MONRAD,BARBARA MARY 437215 22-Apr-2020 REFUND 161.61 Page 98 of 374 Page 8 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount MORNEAU SHEPELL LTD 437380 29-Apr-2020 CONTRACT SERVICES 5,452.92 MOTOROLA SOLUTIONS CANADA INC.437656 13-May-2020 PETTY CASH 17,370.08 MOUNTAINVIEW HOMES LTD 437509 06-May-2020 REFUND 2,000.00 MTE PARALEGAL PROFESSIONAL CORPORATION 437216 22-Apr-2020 CONTRACT SERVICES 8,394.01 MUNICIPAL RETIREES ORGANIZATION ONTARIO 437657 13-May-2020 MATERIALS 475.00 MURPHY,LINDA 437382 29-Apr-2020 REFUND 200.00 MURRAY,KEITH& MURRAY, LORI-ANNE 437381 29-Apr-2020 REFUND 120.69 MYERS,BRADLEY 437383 29-Apr-2020 REFUND 60.00 NEPTUNE TECHNOLOGY GROUP CANADA CO.00283-0003 11-May-2020 MATERIALS 406,953.68 NEXTERRA SUBSTRUCTURES INC 437217 22-Apr-2020 CONTRACT SERVICES 9,912.11 NEXUS ACTUARIAL CONSULTANTS LTD 437049 15-Apr-2020 CONTRACT SERVICES 4,576.50 NIACON LIMITED CONSTRUCTION COMPANY 437219 22-Apr-2020 CONTRACT SERVICES 83,000.84 NIAGARA BATTERY & TIRE 437050 15-Apr-2020 MATERIALS 7,663.77 NIAGARA BATTERY & TIRE 437218 22-Apr-2020 MATERIALS 16,830.67 NIAGARA BATTERY & TIRE 437384 29-Apr-2020 MATERIALS 815.86 NIAGARA BATTERY & TIRE 437658 13-May-2020 STORES/INVENTORY 751.39 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD (EDC)00279-0006 20-Apr-2020 REMITTANCE 7,224.00 NIAGARA CHRYSLER DODGE JEEP 437051 15-Apr-2020 CONTRACT SERVICES 618.09 NIAGARA CUSTOM SIGNS & GRAPHICS 437052 15-Apr-2020 CONTRACT SERVICES 372.90 NIAGARA CUSTOM SIGNS & GRAPHICS 436936 08-Apr-2020 MATERIALS 216.96 NIAGARA CUSTOM SIGNS & GRAPHICS 437659 13-May-2020 MATERIALS 131.08 NIAGARA FALLS ART GALLERY 437220 22-Apr-2020 GRANT 2,333.33 NIAGARA FALLS CANADA HOTEL ASSOCIATION INC 00278-0003 13-Apr-2020 REMITTANCE 122,445.54 NIAGARA FALLS CANADA HOTEL ASSOCIATION INC 00286-0006 18-May-2020 REMITTANCE 21,362.73 NIAGARA FALLS COMMUNITY HEALTH CENTRE 437510 06-May-2020 REFUND 22,353.37 NIAGARA FALLS HUMANE SOCIETY 437221 22-Apr-2020 MATERIALS 43,976.67 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00279-0007 20-Apr-2020 REMITTANCE 18,296.29 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00281-0006 04-May-2020 REMITTANCE 10,045.70 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00286-0007 18-May-2020 REMITTANCE 10,441.20 NIAGARA HEALTH FOUNDATION 437511 06-May-2020 REFUND 38,161.44 NIAGARA HEALTH FOUNDATION 437660 13-May-2020 REMITTANCE 50,000.00 NIAGARA INDUSTRIAL SUPPLIES LTD.437053 15-Apr-2020 MATERIALS 47.35 NIAGARA METER SERVICES INC.437222 22-Apr-2020 CONTRACT SERVICES 11,267.97 NIAGARA METER SERVICES INC.437512 06-May-2020 CONTRACT SERVICES 5,827.07 NIAGARA METER SERVICES INC.437661 13-May-2020 CONTRACT SERVICES 4,824.87 NIAGARA ON THE LAKE HYDRO INC 437513 06-May-2020 UTILITIES 248.06 NIAGARA PARKS COMMISSION 436937 08-Apr-2020 MATERIALS 41,653.38 NIAGARA PARKS COMMISSION 437662 13-May-2020 MATERIALS 45,061.19 NIAGARA PENINSULA CONSERVATION AUTHORITY 436938 08-Apr-2020 REMITTANCE 538.63 NIAGARA PENINSULA ENERGY INC 437054 15-Apr-2020 UTILITIES 214,603.34 NIAGARA PENINSULA ENERGY INC 437223 22-Apr-2020 UTILITIES 7,624.13 NIAGARA PENINSULA ENERGY INC 437385 29-Apr-2020 UTILITIES 216,834.65 NIAGARA PENINSULA ENERGY INC 437514 06-May-2020 UTILITIES 3,615.69 NIAGARA PENINSULA ENERGY INC 437663 13-May-2020 UTILITIES 4,882.38 NIAGARA REGIONAL BROADBAND NETWORK 436939 08-Apr-2020 SERVICES 24,277.67 NIAGARA REGIONAL BROADBAND NETWORK 437224 22-Apr-2020 SERVICES 30,831.67 NIAGARA SPRING SERVICE LTD 437055 15-Apr-2020 CONTRACT SERVICES 1,054.07 NIAGARA WATER CONDITIONING LTD 437056 15-Apr-2020 MATERIALS 209.05 NICKEL,ERIK 437225 22-Apr-2020 MATERIALS 82.08 NOBLE CORPORATION 437057 15-Apr-2020 MATERIALS 148.39 NORTH AMERICAN TRANSIT SUPPLY CORPORATION 437226 22-Apr-2020 STORES/INVENTORY 52,705.35 NORTH AMERICAN TRANSIT SUPPLY CORPORATION 437664 13-May-2020 STORES/INVENTORY 403.79 NORTHERN SPECIALITY SUPPLIES INC 437516 06-May-2020 MATERIALS 7,246.69 NOTARIANNI,DANIEL 437227 22-Apr-2020 REFUND 161.74 NOTHDURFT,CONNIE 437517 06-May-2020 REFUND 302.43 NOVAQUIP LIFTING SYSTEMS INC.437058 15-Apr-2020 CONTRACT SERVICES 35,355.08 OMERS 00280-0004 27-Apr-2020 REMITTANCE 741,077.62 OMERS 00280-0005 27-Apr-2020 REMITTANCE 38,275.54 ON POINT LANDSCAPING INC 437518 06-May-2020 CONTRACT SERVICES 1,658.61 ON POINT LANDSCAPING INC 437665 13-May-2020 CONTRACT SERVICES 15,490.89 ONTARIO BUILDING OFFICIALS ASSOCIATION 437519 06-May-2020 MEMBERSHIP 330.00 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 437229 22-Apr-2020 CONTRACT SERVICES 26,978.75 ONTARIO INFRASTRUCTURE AND LANDS CORPORATION 437520 06-May-2020 LEASES AND RENTS 40,632.28 ONTARIO MUNICIPAL MECHANICAL ADVISORY COMMITTEE 437521 06-May-2020 MEMBERSHIP 50.00 ONTARIO MUSEUM ASSOCIATION 437667 13-May-2020 MEMBERSHIP 721.00 ONTARIO ONE CALL 437228 22-Apr-2020 CONTRACT SERVICES 1,185.82 ONTARIO POWER GENERATION INC 00279-0008 20-Apr-2020 REMITTANCE 11,467.50 ORKIN CANADA CORPORATION 437230 22-Apr-2020 CONTRACT SERVICES 178.54 ORKIN CANADA CORPORATION 437668 13-May-2020 CONTRACT SERVICES 178.54 OVERLAND CUSTOM COACH (2007) INC.437231 22-Apr-2020 STORES/INVENTORY 3,525.03 OWNERA GROUP INC 437232 22-Apr-2020 MATERIALS 1,977.50 Page 99 of 374 Page 9 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount PANTUSA,JOSEPH 437233 22-Apr-2020 GRANT 75.00 PARNIAK,MICHAEL 437234 22-Apr-2020 MATERIALS 189.81 PARNIAK,MICHAEL 437669 13-May-2020 TRAINING 217.55 PAST PERFECT SOFTWARE INC US DRAFT 8-Apr-20 MATERIALS 965.00 PEC ROOF MAINTENANCE 437235 22-Apr-2020 CONTRACT SERVICES 1,547.65 PEMBERTON,HOLLY 436940 08-Apr-2020 MATERIALS 133.55 PENINSULA CONSTRUCTION INC.437670 13-May-2020 CONTRACT SERVICES 819.25 PENINSULA GLASS INC 437523 06-May-2020 CONTRACT SERVICES 745.95 PENINSULA HOSE & HYDRAULICS LTD.437059 15-Apr-2020 MATERIALS 906.82 PENINSULA HOSE & HYDRAULICS LTD.437236 22-Apr-2020 MATERIALS 373.44 PENNER BUILDING CENTRE 436941 08-Apr-2020 MATERIALS 801.11 PENNER BUILDING CENTRE 437060 15-Apr-2020 MATERIALS 180.62 PENNER BUILDING CENTRE 437237 22-Apr-2020 MATERIALS 788.91 PENNER BUILDING CENTRE 437386 29-Apr-2020 MATERIALS 62.42 PENNER BUILDING CENTRE 437671 13-May-2020 MATERIALS 3,776.30 PHILLIPS,CARL 436942 08-Apr-2020 REFUND 143.69 PIDGEN,TRINA 437238 22-Apr-2020 MATERIALS 109.50 PIETRANGELO,NICHOLAS 436943 08-Apr-2020 MATERIALS 181.84 PINERIDGE TREE SERVICE LTD 437387 29-Apr-2020 CONTRACT SERVICES 14,644.80 PINERIDGE TREE SERVICE LTD 437524 06-May-2020 CONTRACT SERVICES 9,546.24 PIPETEK INFRASTRUCTURE SERVICES INC 436944 08-Apr-2020 CONTRACT SERVICES 133,823.25 PIPETEK INFRASTRUCTURE SERVICES INC 437239 22-Apr-2020 CONTRACT SERVICES 87,976.58 PIPETEK INFRASTRUCTURE SERVICES INC 437672 13-May-2020 CONTRACT SERVICES 15,017.99 PIROSKO,JASON 437673 13-May-2020 TRAINING 282.10 POWERTECH ARBORIST AND FORESTRY EQUIPMENT 437388 29-Apr-2020 LEASES AND RENTS 4,407.00 POWERTECH ARBORIST AND FORESTRY EQUIPMENT 437525 06-May-2020 MATERIALS 4,407.00 PPG AC CANADA INC 437526 06-May-2020 MATERIALS 569.07 PRAXAIR 437240 22-Apr-2020 CONTRACT SERVICES 63.35 PRAXAIR 437674 13-May-2020 CONTRACT SERVICES 63.35 PRAXAIR 437061 15-Apr-2020 MATERIALS 713.02 PRAXAIR 437389 29-Apr-2020 MATERIALS 690.24 PRECISION CURB CUTTING LTD 437675 13-May-2020 STORES/INVENTORY 169.50 PREMIER SAFETY 437062 15-Apr-2020 MATERIALS 1,900.46 PREMIER SAFETY 437062 15-Apr-2020 MATERIALS 949.88 PREMIER TRUCK GROUP 436945 08-Apr-2020 STORES/INVENTORY 1,808.00 PREMIER TRUCK GROUP 437241 22-Apr-2020 STORES/INVENTORY 4,624.12 PREMIER TRUCK GROUP 437527 06-May-2020 STORES/INVENTORY 211.56 PREMIER TRUCK GROUP 437676 13-May-2020 STORES/INVENTORY 2,760.13 PREVOST 436946 08-Apr-2020 STORES/INVENTORY 6,574.55 PREVOST 437242 22-Apr-2020 STORES/INVENTORY 2,211.35 PREVOST 437390 29-Apr-2020 STORES/INVENTORY 632.78 PREVOST 437529 06-May-2020 STORES/INVENTORY 2,564.36 PREVOST 437677 13-May-2020 STORES/INVENTORY 2,686.32 PRINCESS AUTO 437063 15-Apr-2020 MATERIALS 993.12 PRINCESS AUTO 437243 22-Apr-2020 MATERIALS 1,667.67 PRINCESS AUTO 437391 29-Apr-2020 MATERIALS 1,186.33 PRO BATTERY SHOPS 437064 15-Apr-2020 MATERIALS 127.13 PRO BATTERY SHOPS 437244 22-Apr-2020 STORES/INVENTORY 507.37 PRO BATTERY SHOPS 437678 13-May-2020 STORES/INVENTORY 507.37 PROJECT SHARE 437245 22-Apr-2020 GRANT 24,866.67 PUROLATOR INC 437065 15-Apr-2020 COURIER 22.23 PUROLATOR INC 437246 22-Apr-2020 COURIER 64.62 PUROLATOR INC 437392 29-Apr-2020 COURIER 162.49 PUROLATOR INC 437530 06-May-2020 COURIER 261.49 PUROLATOR INC 437679 13-May-2020 COURIER 101.75 QRX TECHNOLOGY GROUP/KERR NORTON 437066 15-Apr-2020 SERVICES 908.58 QRX TECHNOLOGY GROUP/KERR NORTON 437247 22-Apr-2020 SERVICES 179.90 QUADIENT LEASING CANADA LTD 437531 06-May-2020 LEASES AND RENTS 661.05 QUINN,DARREN 437067 15-Apr-2020 REFUND 1,250.00 R J SMITH EQUIPMENT INC 437073 15-Apr-2020 MATERIALS 3,235.59 R J SMITH EQUIPMENT INC 437683 13-May-2020 MATERIALS 3,452.15 R V ANDERSON ASSOCIATES LIMITED 437080 15-Apr-2020 MATERIALS 29,738.36 R W HAMILTON LTD.437081 15-Apr-2020 MATERIALS 126.28 R. STASIAK ENGINEERING INC 437078 15-Apr-2020 MATERIALS 4,407.00 RACO AUTO SUPPLY LTD 436947 08-Apr-2020 STORES/INVENTORY 711.83 RACO AUTO SUPPLY LTD 437068 15-Apr-2020 STORES/INVENTORY 2,251.85 RACO AUTO SUPPLY LTD 437393 29-Apr-2020 STORES/INVENTORY 401.72 RACO AUTO SUPPLY LTD 437532 06-May-2020 STORES/INVENTORY 608.07 RAMOS,MELVIN& RAMOS, SONIA 437069 15-Apr-2020 REFUND 7,902.30 RAMSDEN,SONYA 437126 15-Apr-2020 REFUND 181.84 RBC 437395 29-Apr-2020 REFUND 179.13 Page 100 of 374 Page 10 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount RBC INSURANCE 436948 08-Apr-2020 REMITTANCE 2,019.83 RBC INSURANCE 437394 29-Apr-2020 REMITTANCE 2,016.56 RCC GROUP INC.437248 22-Apr-2020 CONTRACT SERVICES 3,503.00 RECEIVER GENERAL 437127 15-Apr-2020 REMITTANCE 616,187.92 RECEIVER GENERAL 437396 29-Apr-2020 REMITTANCE 625,978.83 RECEIVER GENERAL 437680 13-May-2020 REMITTANCE 595,138.05 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.437070 15-Apr-2020 MATERIALS 2,880.14 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.437397 29-Apr-2020 MATERIALS 3,471.95 RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.437533 06-May-2020 MATERIALS 72.60 REFRIGERATION ENERGY SOLUTIONS LTD 436949 08-Apr-2020 CONTRACT SERVICES 72,910.77 REFRIGERATION ENERGY SOLUTIONS LTD 437071 15-Apr-2020 CONTRACT SERVICES 2,197.15 REFRIGERATION ENERGY SOLUTIONS LTD 437249 22-Apr-2020 CONTRACT SERVICES 7,627.50 REFRIGERATION ENERGY SOLUTIONS LTD 437681 13-May-2020 CONTRACT SERVICES 6,635.05 REGIONAL MUNICIPALITY OF NIAGARA 00280-0006 27-Apr-2020 CONTRACT SERVICES 1,056,749.82 REGIONAL MUNICIPALITY OF NIAGARA 00278-0004 13-Apr-2020 MATERIALS 258,167.68 REGIONAL MUNICIPALITY OF NIAGARA 00281-0007 04-May-2020 MATERIALS 2,048,075.37 REGIONAL MUNICIPALITY OF NIAGARA 00284-0001 13-May-2020 REMITTANCE 16,820,339.00 REGIONAL MUNICIPALITY OF NIAGARA 00286-0008 18-May-2020 REMITTANCE 7,772.33 REIMAN,AMANDA 437398 29-Apr-2020 REFUND 85.00 REMPEL FOUNDATION SOLUTIONS INC 436950 08-Apr-2020 REFUND 750.00 RICCIARDI,JENNIFER 437399 29-Apr-2020 REFUND 951.63 RICHARDSON,RUBY ELAINE& MROZ, ELIZABETH LOUIS 437400 29-Apr-2020 REFUND 408.98 RICOH CANADA INC 437682 13-May-2020 LEASES AND RENTS 5,240.53 RICOH CANADA INC 437072 15-Apr-2020 SERVICES 3,147.83 RICOH CANADA INC 437250 22-Apr-2020 SERVICES 4,100.51 RIVER REALTY DEVELOPMENT (1976) INC 436951 08-Apr-2020 REFUND 1,250.00 RIVER REALTY DEVELOPMENT (1976) INC 437401 29-Apr-2020 REFUND 1,210.89 RK & ASSOCIATES 437074 15-Apr-2020 MATERIALS 8,446.75 RK & ASSOCIATES 437251 22-Apr-2020 MATERIALS 565.00 RK & ASSOCIATES 437684 13-May-2020 MATERIALS 847.50 ROBERT COOK CONSULTING 437075 15-Apr-2020 CONTRACT SERVICES 3,519.95 ROCHESTER MIDLAND CANADA CORPORATION 436952 08-Apr-2020 CONTRACT SERVICES 756.88 ROCHESTER MIDLAND CANADA CORPORATION 437076 15-Apr-2020 CONTRACT SERVICES 2,307.38 ROCHESTER MIDLAND CANADA CORPORATION 437402 29-Apr-2020 CONTRACT SERVICES 289.71 ROGERS WIRELESS 437403 29-Apr-2020 MATERIALS 730.88 ROGERS WIRELESS 437077 15-Apr-2020 SERVICES 1,580.00 ROGERS WIRELESS INC 437252 22-Apr-2020 CONTRACT SERVICES 2,707.94 ROMANELLI,JOHN 437253 22-Apr-2020 REMITTANCE 200.00 ROMANELLI,NICKY 437254 22-Apr-2020 REFUND 200.00 ROYAL BANK 437255 22-Apr-2020 REFUND 72.01 ROYER,SARAH 436953 08-Apr-2020 REFUND 311.55 RUSH TRUCK CENTRES OF CANADA LTD 437079 15-Apr-2020 MATERIALS 697.11 RUSH TRUCK CENTRES OF CANADA LTD 437257 22-Apr-2020 MATERIALS 353.44 RUSSELL,CHRIS 436954 08-Apr-2020 MATERIALS 75.61 RYERSE,GORD 437082 15-Apr-2020 MATERIALS 63.48 RYERSON UNIVERSITY 437404 29-Apr-2020 CONTRACT SERVICES 120,785.03 S & H MAINTENANCE 437405 29-Apr-2020 CONTRACT SERVICES 668,370.15 S. JENNIFER PRIESTLEY PARALEGAL SERVICES 436957 08-Apr-2020 REFUND 750.00 S.B. SIMPSON GROUP INC.437686 13-May-2020 STORES/INVENTORY 65.54 SACCO CONSTRUCTION LTD 437406 29-Apr-2020 CONTRACT SERVICES 6,703.73 SACCO CONSTRUCTION LTD 437685 13-May-2020 CONTRACT SERVICES 9,853.88 SAFE STOR RECORDS MANAGEMENT 437258 22-Apr-2020 MATERIALS 294.93 SAFETY-KLEEN CANADA INC 437534 06-May-2020 CONTRACT SERVICES 316.91 SAFETY-KLEEN CANADA INC 437083 15-Apr-2020 MATERIALS 1,065.34 SAINT-GOBAIN CANADA INC 436955 08-Apr-2020 REMITTANCE 118,385.02 SANI GEAR 437084 15-Apr-2020 MATERIALS 494.32 SASSAFRAS FARMS 437536 06-May-2020 MATERIALS 5,424.00 SCARINGI,ANTHONY 437687 13-May-2020 TRAINING 424.70 SCOTT BEST SEWER SERVICES 437407 29-Apr-2020 ADVERTISING 1,875.80 SCOTT BEST SEWER SERVICES 437085 15-Apr-2020 CONTRACT SERVICES 3,367.40 SEAWAY FLUID POWER 437259 22-Apr-2020 MATERIALS 126.45 SEAWAY FLUID POWER 437408 29-Apr-2020 MATERIALS 125.44 SEDONA COMMUNITIES INC 437409 29-Apr-2020 REFUND 15,220.80 SENKERIK FIRE PROTECTION 437086 15-Apr-2020 CONTRACT SERVICES 1,302.32 SENKERIK FIRE PROTECTION 437260 22-Apr-2020 CONTRACT SERVICES 178.54 SERVICEMASTER CLEAN OF NIAGARA 437087 15-Apr-2020 CONTRACT SERVICES 607.04 SERVICEMASTER CLEAN OF NIAGARA 437261 22-Apr-2020 CONTRACT SERVICES 15,026.74 SERVICEMASTER CLEAN OF NIAGARA 437410 29-Apr-2020 CONTRACT SERVICES 3,028.40 SERVICEMASTER CLEAN OF NIAGARA 437688 13-May-2020 CONTRACT SERVICES 446.35 SERVICEMASTER RESTORE OF HAMILTON 437537 06-May-2020 CONTRACT SERVICES 8,215.10 SHANAHAN,RICHARD 437411 29-Apr-2020 REFUND 56.49 Page 101 of 374 Page 11 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount SHANNON,MARJOLAINE 437689 13-May-2020 REFUND 135.60 SHOALTS BROS. CONSTRUCTION LTD/SHOALTS ENGINEERING 437538 06-May-2020 MATERIALS 339.00 SHRED IT C/O STERICYCLE ULC 437088 15-Apr-2020 CONTRACT SERVICES 91.36 SHRED IT C/O STERICYCLE ULC 437539 06-May-2020 CONTRACT SERVICES 206.90 SID GRABELL CONTRACTING LTD 437089 15-Apr-2020 CONTRACT SERVICES 288.15 SIGNATURE SIGN & IMAGE 437090 15-Apr-2020 CONTRACT SERVICES 480.25 SIGNATURE SIGN & IMAGE 437690 13-May-2020 MATERIALS 1,774.10 SINKOWSKI,JESSICA 437540 06-May-2020 PETTY CASH 893.05 SINKOWSKI,JESSICA 436956 08-Apr-2020 TRAVEL/MILEAGE 38.88 SKYE-GRANDMOND,LEONA 437412 29-Apr-2020 GRANT 1,000.00 SLEEK DEVELOPMENTS INC.437413 29-Apr-2020 REFUND 15,485.40 SNAP ON TOOLS OF CANADA LTD 437091 15-Apr-2020 MATERIALS 90.58 SPACONE,VINCE 436958 08-Apr-2020 REFUND 1,250.00 SPARK INNOVATION EDUCATIONAL CENTER INC 00282-0001 06-May-2020 REMITTANCE 86,062.64 SPRIET ASSOCIATES ENGINEERS & ARCHITECTS 436959 08-Apr-2020 MATERIALS 22,696.33 ST CATHARINES TRANSIT COMMISSION 437693 13-May-2020 CONTRACT SERVICES 250.00 ST JOHN AMBULANCE 00280-0007 27-Apr-2020 GRANT 2,741.67 ST JOHN AMBULANCE 00285-0001 13-May-2020 GRANT 24,748.75 STAMFORD HOME HARDWARE 437263 22-Apr-2020 MATERIALS 118.59 STAMFORD HOME HARDWARE 437691 13-May-2020 MATERIALS 6,983.95 STANTEC CONSULTING LTD 437092 15-Apr-2020 MATERIALS 8,017.72 STANTEC CONSULTING LTD 437262 22-Apr-2020 MATERIALS 9,368.10 STAPLES BUSINESS ADVANTAGE 437541 06-May-2020 MATERIALS 1,557.07 STAPLES BUSINESS ADVANTAGE 437692 13-May-2020 MATERIALS 1,346.25 STAPLES BUSINESS ADVANTAGE 436960 08-Apr-2020 STORES/INVENTORY 5,012.48 STAPLES BUSINESS ADVANTAGE 437093 15-Apr-2020 STORES/INVENTORY 6,287.68 STAPLES BUSINESS ADVANTAGE 437264 22-Apr-2020 STORES/INVENTORY 900.37 STAPLES BUSINESS ADVANTAGE 437414 29-Apr-2020 STORES/INVENTORY 2,035.85 STERICYCLE ULC 437094 15-Apr-2020 MATERIALS 19.21 STERICYCLE ULC 437542 06-May-2020 MATERIALS 19.21 STINSON EQUIPMENT LIMITED 437095 15-Apr-2020 MATERIALS 2,681.40 STORAGE NIAGARA 437415 29-Apr-2020 CONTRACT SERVICES 1,269.44 STORAGE NIAGARA 437694 13-May-2020 CONTRACT SERVICES 1,661.27 STRANGES,TOM 437096 15-Apr-2020 MATERIALS 200.00 STREAMLINE UPHOLSTERY INC 437097 15-Apr-2020 CONTRACT SERVICES 389.85 STREAMLINE UPHOLSTERY INC 437416 29-Apr-2020 CONTRACT SERVICES 389.85 STRONGCO LIMITED PARTNERSHIP 437265 22-Apr-2020 MATERIALS 264.50 STUDIO INTERSEKT 436961 08-Apr-2020 REFUND 1,250.00 SUN LIFE ASSURANCE COMPANY OF CANADA 00278-0005 13-Apr-2020 REMITTANCE 458,110.71 SUN LIFE ASSURANCE COMPANY OF CANADA 00281-0008 04-May-2020 REMITTANCE 454,435.56 SUN LIFE ASSURANCE COMPANY OF CANADA 00286-0009 18-May-2020 REMITTANCE 293.22 SUPERIOR LAUNDRY SERVICE LTD.437099 15-Apr-2020 CONTRACT SERVICES 101.70 SUPERIOR LAUNDRY SERVICE LTD.437267 22-Apr-2020 CONTRACT SERVICES 133.90 SUPERIOR LAUNDRY SERVICE LTD.437417 29-Apr-2020 CONTRACT SERVICES 46.89 SUPERIOR LAUNDRY SERVICE LTD.437544 06-May-2020 CONTRACT SERVICES 75.71 SUPERIOR PROPANE 437266 22-Apr-2020 CONTRACT SERVICES 70.07 SUPERIOR PROPANE 437695 13-May-2020 CONTRACT SERVICES 79.90 SUPERIOR PROPANE 437543 06-May-2020 MATERIALS 1,267.36 SUPERIOR VAULT COMPANY LIMITED 437098 15-Apr-2020 CONTRACT SERVICES 593.25 SYNCHRO ENGINEERING LTD 437100 15-Apr-2020 MATERIALS 3,638.60 T & T DRY CLEANERS & TAILORS 436964 08-Apr-2020 MATERIALS 63.30 TALK WIRELESS INC 437268 22-Apr-2020 CONTRACT SERVICES 1,528.89 TALK WIRELESS INC 437101 15-Apr-2020 MATERIALS 1,710.74 TALK WIRELESS INC 437696 13-May-2020 MATERIALS-VEHICLES 364/365 WORK ORDER 2020016775/20200167785,614.40 TAXITAB 437269 22-Apr-2020 CONTRACT SERVICES 2,752.38 TAXITAB 437697 13-May-2020 CONTRACT SERVICES 189.64 TAYLOR,NOEL 437418 29-Apr-2020 REFUND 149.73 TECVALCO LTD 437545 06-May-2020 MATERIALS 176.79 TENAQUIP LIMITED 437698 13-May-2020 MATERIALS 551.14 THE BURKE GROUP 437313 29-Apr-2020 CONTRACT SERVICES 2,994.50 THE SALVATION ARMY 437535 06-May-2020 REMITTANCE 6,246.57 THERMO KING EASTERN CANADA 437546 06-May-2020 STORES/INVENTORY 186.11 THERMO KING EASTERN CANADA 437699 13-May-2020 STORES/INVENTORY 3,825.80 THOMPSON AHERN & CO LIMITED 437270 22-Apr-2020 CONTRACT SERVICES 13.49 THOMSON JR.,CHARLES 437700 13-May-2020 MATERIALS 100.00 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 437103 15-Apr-2020 CONTRACT SERVICES 146.90 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 437271 22-Apr-2020 CONTRACT SERVICES 146.90 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 437547 06-May-2020 CONTRACT SERVICES 146.90 TIERRA GEOMATIC SERVICES INC 437104 15-Apr-2020 CONTRACT SERVICES 824.90 TIM HORTON'S STORE 1922 437105 15-Apr-2020 MATERIALS 151.92 TIM HORTON'S STORE 1922 437701 13-May-2020 MATERIALS 338.11 Page 102 of 374 Page 12 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount TNT WORK & RESCUE 437548 06-May-2020 MATERIALS 2,432.55 TOOLBOX 437106 15-Apr-2020 MATERIALS 1,779.39 TOROMONT CAT 437107 15-Apr-2020 MATERIALS 1,175.40 TOROMONT CAT 437272 22-Apr-2020 MATERIALS 3,598.06 TOTAL LAND CARE SERVICES 437273 22-Apr-2020 CONTRACT SERVICES 3,231.80 TOTH,IDA 437419 29-Apr-2020 REFUND 60.00 TOWNE,CHARLENE 437703 13-May-2020 TRAINING 351.70 TRANSAXLE PARTS (HAMILTON) INC.437108 15-Apr-2020 STORES/INVENTORY 6,792.81 TRANSAXLE PARTS (HAMILTON) INC.437274 22-Apr-2020 STORES/INVENTORY 3,137.50 TRANSAXLE PARTS (HAMILTON) INC.437549 06-May-2020 STORES/INVENTORY 1,076.72 TRANSAXLE PARTS (HAMILTON) INC.437704 13-May-2020 STORES/INVENTORY 3,881.89 TRAPEZE SOFTWARE ULC 437109 15-Apr-2020 STORES/INVENTORY 2,335.03 TREHAN,PARVEEN& TREHAN, SADHNA 436963 08-Apr-2020 REMITTANCE 387.23 TREMBLAY,LISA 437110 15-Apr-2020 REFUND 143.69 TRUELOOK INC.US DRAFT 8-Apr-20 MATERIALS 9,490.00 TWARDAWSKY,NICK 436965 08-Apr-2020 TRAVEL/MILEAGE 97.20 UCC INDUSTRIES INTERNATIONAL INC 437705 13-May-2020 MATERIALS 889.88 ULINE CANADA CORPORATION 436966 08-Apr-2020 MATERIALS 76.16 ULINE CANADA CORPORATION 437550 06-May-2020 MATERIALS 2,204.02 ULINE CANADA CORPORATION 437706 13-May-2020 MATERIALS 589.75 ULINE CANADA CORPORATION 437275 22-Apr-2020 STORES/INVENTORY 616.42 UNIFIRST CANADA LTD 436967 08-Apr-2020 MATERIALS 361.16 UNISYNC GROUP LTD 437111 15-Apr-2020 MATERIALS 949.20 UNISYNC GROUP LTD 437551 06-May-2020 MATERIALS 446.35 UNISYNC GROUP LTD.437707 13-May-2020 MATERIALS 3,783.24 UNITED WAY NIAGARA 437420 29-Apr-2020 PAYROLL REMITTANCE 1,423.69 UPPER CANADA CONSULTANTS 437112 15-Apr-2020 MATERIALS 2,049.59 UPPER CANADA CONSULTANTS 437276 22-Apr-2020 MATERIALS 21,821.43 UPS CANADA 437277 22-Apr-2020 CONTRACT SERVICES 19.88 URBAN & ENVIRONMENTAL MANAGEMENT INC 437113 15-Apr-2020 MATERIALS 10,442.33 URBAN & ENVIRONMENTAL MANAGEMENT INC 437552 06-May-2020 MATERIALS 11,569.18 URGE TO PURGE 437553 06-May-2020 CONTRACT SERVICES 672.35 V GIBBONS CONTRACTING LTD 437115 15-Apr-2020 CONTRACT SERVICES 13,629.21 V GIBBONS CONTRACTING LTD 437421 29-Apr-2020 CONTRACT SERVICES 5,861.88 VALLEN CANADA INC 437114 15-Apr-2020 MATERIALS 231.65 VIC VATRT CONTRACTING LTD 437116 15-Apr-2020 CONTRACT SERVICES 26,916.58 VIKING CIVES LTD 437117 15-Apr-2020 MATERIALS 988.07 VIKING CIVES LTD 437554 06-May-2020 MATERIALS 8,706.65 VINCENT'S STORE EAST NIAGARA PARTICULAR COUNCIL SOCIETY OF ST VINCENT DE PAUL43755506-May-2020 REFUND 1,813.50 VIVEIROS,LOUIS 436968 08-Apr-2020 REMITTANCE 1,806.49 WAJAX 437422 29-Apr-2020 CONTRACT SERVICES 27,037.03 WALKER AGGREGATES INC 437118 15-Apr-2020 MATERIALS 2,611.62 WALKER AGGREGATES INC 437423 29-Apr-2020 MATERIALS 3,373.52 WALKER AGGREGATES INC 437708 13-May-2020 MATERIALS 1,543.03 WALKER,PAUL 436969 08-Apr-2020 REFUND 750.00 WARCHALA,MICHAEL 437424 29-Apr-2020 TRAVEL/MILEAGE 183.60 WASHINGTON MILLS ELECTRO MINERALS CORP 436970 08-Apr-2020 REFUND 2,500.00 WATERS,HARRY& WATERS, CINDY 437556 06-May-2020 REFUND 750.00 WATSON & ASSOCIATES ECONOMISTS LTD 437557 06-May-2020 CONTRACT SERVICES 2,569.90 WEBSTER,KATHERINE 437709 13-May-2020 REFUND 45.20 WEDNESDAY KNIGHTS HOCKEY 437278 22-Apr-2020 REFUND 936.60 WEEMS,DAN 436971 08-Apr-2020 MATERIALS 25.00 WEINMANN LIMITED 436972 08-Apr-2020 CONTRACT SERVICES 4,430.01 WEINMANN LIMITED 437279 22-Apr-2020 CONTRACT SERVICES 48,868.53 WEINMANN LIMITED 437425 29-Apr-2020 CONTRACT SERVICES 37,289.18 WESTPIER MARINE & INDUSTRIAL SUPPLY INC.437119 15-Apr-2020 MATERIALS 2,343.43 WESTPIER MARINE & INDUSTRIAL SUPPLY INC.437710 13-May-2020 STORES/INVENTORY 113.45 WHITELINE ARCHITECTS INC 437280 22-Apr-2020 MATERIALS 4,457.13 WHITELINE ARCHITECTS INC 437712 13-May-2020 MATERIALS 2,900.03 WILD INK STUDIOS/2307338 ONTARIO INC 437281 22-Apr-2020 REFUND 125.00 WOLSELEY CANADA INC.437558 06-May-2020 MATERIALS 7,623.08 WOLSELEY CANADA INC.437713 13-May-2020 MATERIALS 6,187.43 WOLSELEY CANADA INC.437121 15-Apr-2020 STORES/INVENTORY 5,864.18 WOMEN'S PLACE OF SOUTH NIAGARA INC 437282 22-Apr-2020 GRANT 1,612.50 WORK AUTHORITY 437559 06-May-2020 MATERIALS 1,115.25 WSP CANADA GROUP LIMITED 437560 06-May-2020 MATERIALS 8,122.15 XCG CONSULTING LIMITED 437122 15-Apr-2020 MATERIALS 8,167.64 XCG CONSULTING LIMITED 437561 06-May-2020 MATERIALS 15,797.64 XPLORNET COMMUNICATIONS INC 437283 22-Apr-2020 SERVICES 101.69 XPLORNET COMMUNICATIONS INC 437714 13-May-2020 SERVICES 101.69 YMCA OF NIAGARA 436973 08-Apr-2020 CONTRACT SERVICES 3,317.29 Page 103 of 374 Page 13 of 13 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount YMCA OF NIAGARA 437123 15-Apr-2020 CONTRACT SERVICES 2,001.13 YMCA OF NIAGARA 437284 22-Apr-2020 CONTRACT SERVICES 1,786.16 YMCA OF NIAGARA 437715 13-May-2020 CONTRACT SERVICES 7,265.87 YMCA OF NIAGARA 437426 29-Apr-2020 MATERIALS 4,481.13 YWCA 437285 22-Apr-2020 REMITTANCE 4,277.75 ZAMBONI COMPANY LTD 437124 15-Apr-2020 MATERIALS 1,716.79 ZANIEWSKA,MARIA 437427 29-Apr-2020 REFUND 140.00 Total 32,094,456.16 Page 104 of 374 MW-2020-12 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2020-12 2020 Playground Improvements Supply and Installation of Playground Equipment Award RECOMMENDATION 1. That Council award the supply and installation of playground equipment at Balmoral Park, Bambi Park, Cherryhill Park, Coronation Park, Maple Street Park, C.B. Wright Park, Warren Woods East Park and Warren Woods West Park to the preferred proponent Henderson Recreational Equipment Ltd. for $334,225.12 + HST. 2. That the Mayor and Clerk be authorized to execute the necessary documents. EXECUTIVE SUMMARY The purpose of this report is to seek approval of Council to award RFP12-2020 Supply and Installation of New Playground Equipment at Various City Parks to Henderson Recreational Equipment Inc. for eight (8) park locations. BACKGROUND Funding to improve or develop ten (10) playgrounds City-wide was provided through the 2020 Capital Budget. Budgets for the projects were spread across four (4) capital projects that included; 2020 Playground Improvement Program (7 playgrounds) Oakes Park Improvements for Canada Summer Games and Infrastructure (1 playground) Warren Woods West Park Development (1 playground) Warren Woods East Park Development (1 playground) The site selection for the playground sites are based on the 10-year park infrastructure assessment and the desire to geographically spread the playground replacements City-wide. The sites identified for playgrounds works along with the scope of works is outlined on Attachment 1 (Memo to Mayor and Members of Council, February 3, 2020: 2020 Playground Improvement Program – Site Selection). Page 105 of 374 2 MW-2020-12 June 2, 2020 ANALYSIS/RATIONALE Staff issued a Request For Proposal, RFP12-2020 on February 18, 2020 for the supply and installation of eight (8) playgrounds. The playgrounds at Balmoral Park, Bambi Park, C.B. Wright Park, Cherryhill Park, Coronation Park, Maple Street Park, Warren Woods West Park and Warren Woods East Park. RFP12-2020 closed on April 2, 2020 and five (5) proponents made proposal submissions. Proponents were given the ability to make up to two (2) proposal options for playground equipment with a mandatory budget cap of $42,000.00+HST per playground. Proponent City Playground Equipment Product Price per Playground, Option 1 Price per Playground, Option 2 Henderson Recreational Equipment Ltd Simcoe, ON Henderson Recreational Equipment Ltd. (Simcoe ON.) $41,556.28+HST $42,000.00+HST KayScott Holdings Ltd. Brantford ON. KayScott Holdings Ltd. (Brantford ON.) $41,850.00+HST $41,850.00+HST New World Park Solutions Inc. Brantford ON. Playworld Systems Inc. (Lewisburg PA.) $41,779.72+HST $41,861.05+HST Park N Play Design Co. Ltd. Rock View County, AB Game Time Inc. (Fort Payne, AL) $38,301.41+HST $38,632.52+HST PlayPower LT Canada Inc. Paris, ON Little Tikes Comercial Inc. (Monett, MO.) $41,735.80+HST $41,921.06+HST A committee of three (3) City staff members representing Municipal Works Department, and the Recreation & Culture Department was struck to review and evaluate proposals. Proposals were evaluated for best value based on eight (8) predetermined criterion with weighting that were provided within the RFP document to all proponents. The criterion are; Proponent Team, Play Value, Accessibility, Quality of System, Warranty, Appearance, Service Operations and Price. By evaluation for best value, staff ensures that the playground equipment selected will meet; the park service needs, municipal maintenance standards, service life requirements and provide Niagara Falls residents with a playground that meets or exceeds their expectations. Although not the lowest cost proposal, staff found that the submission provided by Henderson Recreational Equipment scored the highest and as such is considered the best value while meeting the mandatory budgetary cap. Staff recommend four (4) Option 1 playgrounds and four (4) Option 2 playgrounds be purchased. Implementation of the playground replacements are anticipated to commence August 2020 with completion late 2020. Page 106 of 374 3 MW-2020-12 June 2, 2020 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The 2020 Playground Improvement Program has an approved budget of $ 1,209,000. The approved budget for Warren Woods West Park is $800,000 and the approved budget for Warren Woods East Park is $375,000. The budget is expected to cover all engineering design and construction costs for the playground sites. No additional funding requirements are anticipated. There are no staffing or legal implications with this contract award. CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s Strategic Priorities by ensuring that investments in infrastructure maximize benefits, reduce risk and provide satisfactory levels of service to the public. LIST OF ATTACHMENTS 1. Memo to Mayor and Members of Council, February 3, 2020: 2020 Playground Improvement Program – Site Selection Recommended by: Erik Nickel, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer David Antonsen Page 107 of 374 A Great City … For Generations To Come MUNICIPAL WORKS Inter-Departmental Memo To: Mayor James Diodati And Members of Niagara Falls City Council From: Erik Nickel Director of Municipal Works Ext. 4219 Date: February 3, 2020 Re: 2020 Playground Improvement Program - Site Selection Staff have identified the following priority sites for the 2020 Playground Improvement Program; Balmoral Park -6494 Balmoral Avenue Bambi Park – 6370 Delta Drive C.B. Wright Park – 6915 Ailanthus Avenue Cherry Hill Park – 6820 Cherry Hill Drive Coronation Park – 5775 Hanan Avenue Maple Street Park – 5100 Maple Street Preakness Park (turf safety surfacing only) – 7857 Preakness Street As part of 2020 Playground Improvement Program City staff will conduct on-site pop-up Public Information Centres (PICs). These PICs will provide residents with an opportunity to preview the new playgrounds as well as provide input into projects. Staff utilizes this input to customize the projects to better suit resident needs as well as identify other recreational requirements for consideration in the future. In addition to the above 2020 Playground Improvement Program sites, the Oakes Park playground will be replaced as part of the Oakes Park Canada Summer Games 2021 Park Improvements Program approved in the 2020 Capital Budget. Two (2) new playgrounds will also be constructed this year at two (2) new parks in the Warren Woods Subdivision. These parks are; Warren Woods Park East (7865 Hackberry Trail) and Warren Woods Park West (8707 Warren Woods Avenue). Both projects approved in the 2020 Capital Budget as Warren Woods East Park Development and Warren Woods West Park Development Together these projects will result in ten (10) new or improved playgrounds within the City of Niagara Falls this year. A map illustrating the location of each playground site is enclosed. All park playgrounds will be constructed with an accessible artificial turf safety surfacing, park seating, shade trees, bike racks, signage and accessible asphalt walkways. Page 108 of 374 KKKK K KKKKKKKK**## CORONATIONPARK BALMORAL PARK MAPLESTREETPARKCHERRYHILLPARK BAMBI PARK C B WRIGHTPARK OAKES PARKPREAKNESS PARK(New TurfSurface Only) WARREN WOODSWEST PARK WARRENWOODSEAST PARK Drummond RdVictoria AvM o r r i s on St Stanley AvMontrose RdDorchester RdM c L e o d R d Kalar RdB r o w n R d Lundy's Ln Garner RdRi ver RdF a l l s A v Thorol d S tone Rd Queen Elizabeth WyRiverRdNiag ara River P y 1:35,000 K:\Projects\PlaygroundImprovementProgram\ParkLocations50k_8x11_Landscape_20190610.mxd2020 Playground Improvement Sites 1/29/2020 Status Playground Replacement #*New Park Playground Park Locations This data is provided "as is" and the City of Niagara Falls (the City) m akes no representations orwarranties, express or im plied, as to the accuracy or completeness of the data. The maps anddrawings contained herein are intended for general layout purposes only and shall not be consideredas official plans or drawings. For further information, please contact the City. The City shall not beheld liable for special, incidental, consequential or indirect damages arising from the use of this data.Users assume all risks in using this data. No part of these digital images, or information, orhardcopies made from them may be reproduced and/or distributed without this disclaimer. ¸Page 109 of 374 Providing Playground Fun Model No. B306807R0 © 2017 Henderson Recreation Equipment Limited | All rights reserved. 1-800-265-5462 | Fax 519-426-1132 | www.hendersonplay.com 11 Gilbertson Drive, Simcoe, Ontario, Canada, N3Y4K8 This drawing is not to be reproduced in any way without prior approval from Henderson Recreation. Posts | Cosmo Accents | Charcoal Roto-Molded Plastic | Red HDPE Plastic | Red-White-Red 1 Sign Language Panel 2 Vertical Rail 1 Detective Panel - Space 1 Maze Wheel Mini Panel 1 Xylophone Panel 1 Tower Climber 3’ 1 SpaceWalk 3’ 1 Twisted Arch Climber 5’ 2 Square Deck 4 Triangle Deck 1 Triangle Deck 1 Launch Pad 1 Half Hex Deck 3 “Infill Panel 6””” 1 Triangle Rung Overhead 1 Crunch Bar 1 Safety Railings (set of 2) 2 Wheelchair Barrier 2 Single Slide Plastic Hood 1 Single Slide Plastic Hood 1 Twister Slide 3’ 1 Wave Slide 4’ 1 Wave Slide 5’ 2 “Accessible Step Deck 24””” 1 Transfer Station 3’ 1 Poly Deck Ladder 2’ 1 Mini Airplane Panel 1 6’ Ramp With Barrier Rails 2 Rectangle Deck 1 Accessible Trapeze Beam 1 Wheelchair Barrier 1 Threshold 1 Jet Motion Toy 1 Space Rocket Rider 8 “Anti-Wrap Swing Bearing (For 3-1/2”” Top Bar)” 1 Slash-Proof Baby Seat (8’ Top- bar) 2 Slash-Proof Belt Seat (8’ Top- bar) 1 Inclusive Swing Seat (8’ Top- bar) 1 8’ Single Post Swing 1-Bay 1 Accessible 8’ Single Post Swing Extend-A-Bay Components CITY OF NIAGARA FALLS - VARIOUS PARKS - OPTION 1 Henderson is 100% Canadian owned and operated sinCe 1971Page 110 of 374 Providing Playground Fun Model No. B306807R0 © 2017 Henderson Recreation Equipment Limited | All rights reserved. 1-800-265-5462 | Fax 519-426-1132 | www.hendersonplay.com 11 Gilbertson Drive, Simcoe, Ontario, Canada, N3Y4K8 This drawing is not to be reproduced in any way without prior approval from Henderson Recreation. Posts | Cosmo Accents | Charcoal Roto-Molded Plastic | Red HDPE Plastic | Red-White-Red 1 Sign Language Panel 2 Vertical Rail 1 Detective Panel - Space 1 Maze Wheel Mini Panel 1 Xylophone Panel 1 Tower Climber 3’ 1 SpaceWalk 3’ 1 Twisted Arch Climber 5’ 2 Square Deck 4 Triangle Deck 1 Triangle Deck 1 Launch Pad 1 Half Hex Deck 3 “Infill Panel 6””” 1 Triangle Rung Overhead 1 Crunch Bar 1 Safety Railings (set of 2) 2 Wheelchair Barrier 2 Single Slide Plastic Hood 1 Single Slide Plastic Hood 1 Twister Slide 3’ 1 Wave Slide 4’ 1 Wave Slide 5’ 2 “Accessible Step Deck 24””” 1 Transfer Station 3’ 1 Poly Deck Ladder 2’ 1 Mini Airplane Panel 1 6’ Ramp With Barrier Rails 2 Rectangle Deck 1 Accessible Trapeze Beam 1 Wheelchair Barrier 1 Threshold 1 Jet Motion Toy 1 Space Rocket Rider 8 “Anti-Wrap Swing Bearing (For 3-1/2”” Top Bar)” 1 Slash-Proof Baby Seat (8’ Top- bar) 2 Slash-Proof Belt Seat (8’ Top- bar) 1 Inclusive Swing Seat (8’ Top- bar) 1 8’ Single Post Swing 1-Bay 1 Accessible 8’ Single Post Swing Extend-A-Bay Components CITY OF NIAGARA FALLS - VARIOUS PARKS - OPTION 1 Henderson is 100% Canadian owned and operated sinCe 1971Page 111 of 374 Providing Playground Fun Model No. B306807R0 © 2017 Henderson Recreation Equipment Limited | All rights reserved. 1-800-265-5462 | Fax 519-426-1132 | www.hendersonplay.com 11 Gilbertson Drive, Simcoe, Ontario, Canada, N3Y4K8 This drawing is not to be reproduced in any way without prior approval from Henderson Recreation. Posts | Cosmo Accents | Charcoal Roto-Molded Plastic | Red HDPE Plastic | Red-White-Red 1 Sign Language Panel 2 Vertical Rail 1 Detective Panel - Space 1 Maze Wheel Mini Panel 1 Xylophone Panel 1 Tower Climber 3’ 1 SpaceWalk 3’ 1 Twisted Arch Climber 5’ 2 Square Deck 4 Triangle Deck 1 Triangle Deck 1 Launch Pad 1 Half Hex Deck 3 “Infill Panel 6””” 1 Triangle Rung Overhead 1 Crunch Bar 1 Safety Railings (set of 2) 2 Wheelchair Barrier 2 Single Slide Plastic Hood 1 Single Slide Plastic Hood 1 Twister Slide 3’ 1 Wave Slide 4’ 1 Wave Slide 5’ 2 “Accessible Step Deck 24””” 1 Transfer Station 3’ 1 Poly Deck Ladder 2’ 1 Mini Airplane Panel 1 6’ Ramp With Barrier Rails 2 Rectangle Deck 1 Accessible Trapeze Beam 1 Wheelchair Barrier 1 Threshold 1 Jet Motion Toy 1 Space Rocket Rider 8 “Anti-Wrap Swing Bearing (For 3-1/2”” Top Bar)” 1 Slash-Proof Baby Seat (8’ Top- bar) 2 Slash-Proof Belt Seat (8’ Top- bar) 1 Inclusive Swing Seat (8’ Top- bar) 1 8’ Single Post Swing 1-Bay 1 Accessible 8’ Single Post Swing Extend-A-Bay Components CITY OF NIAGARA FALLS - VARIOUS PARKS - OPTION 1 Henderson is 100% Canadian owned and operated sinCe 1971Page 112 of 374 Providing Playground Fun Model No. B306808R0 © 2017 Henderson Recreation Equipment Limited | All rights reserved. 1-800-265-5462 | Fax 519-426-1132 | www.hendersonplay.com 11 Gilbertson Drive, Simcoe, Ontario, Canada, N3Y4K8 This drawing is not to be reproduced in any way without prior approval from Henderson Recreation. Posts | Charcoal Accents | Tan Roto-Molded Plastic | Brown HDPE Plastic | Brown-Tan-Brown 1 Vertical Rail 1 Mini Racecar Panel 1 J UMP! Panel 1 Detective Panel - Critters 1 Gear Panel 1 Finger Maze Panel 1 Snake Balance Beam 1 Lizard Climber 3’ 1 Ring Climber 4’ 1 Twisted Arch Climber 5’ 7 Triangle Deck 1 Launch Pad 5 “Infill Panel 6””” 1 Loop-to-Loop 1 Safety Railings (set of 2) 1 Wheelchair Barrier 1 Maze Wheel on Post 2 Single Slide Plastic Hood 1 The Big Curve Twister Slide 5’ 1 Wave Slide 4’ 1 “Accessible Step Deck 24””” 1 Transfer Station 3’ 1 Poly Deck Ladder 2’ 1 Sign Language Panel 1 Mini Push Panel 1 Honey Bee Panel 1 6’ Ramp With Barrier Rails 4 Rectangle Deck 1 Rectangle Deck 1 Wheelchair Barrier 1 Threshold 1 Open Rail 1 Double Slide Plastic Hood 1 Double Tot Slide 3’ 1 “567 “” Channel” 1 “1444.4 “” Channel” 8 “Anti-Wrap Swing Bearing (For 3-1/2”” Top Bar)” 1 Slash-Proof Baby Seat (8’ Top- bar) 2 Slash-Proof Belt Seat (8’ Top- bar) 1 Inclusive Swing Seat (8’ Top- bar) 1 8’ Single Post Swing 1-Bay 1 Accessible 8’ Single Post Swing Extend-A-Bay 1 Whirl & Twirl Components CITY OF NIAGARA FALLS - VARIOUS PARKS - OPTION 2 Henderson is 100% Canadian owned and operated sinCe 1971Page 113 of 374 Providing Playground Fun Model No. B306808R0 © 2017 Henderson Recreation Equipment Limited | All rights reserved. 1-800-265-5462 | Fax 519-426-1132 | www.hendersonplay.com 11 Gilbertson Drive, Simcoe, Ontario, Canada, N3Y4K8 This drawing is not to be reproduced in any way without prior approval from Henderson Recreation. Posts | Charcoal Accents | Tan Roto-Molded Plastic | Brown HDPE Plastic | Brown-Tan-Brown 1 Vertical Rail 1 Mini Racecar Panel 1 J UMP! Panel 1 Detective Panel - Critters 1 Gear Panel 1 Finger Maze Panel 1 Snake Balance Beam 1 Lizard Climber 3’ 1 Ring Climber 4’ 1 Twisted Arch Climber 5’ 7 Triangle Deck 1 Launch Pad 5 “Infill Panel 6””” 1 Loop-to-Loop 1 Safety Railings (set of 2) 1 Wheelchair Barrier 1 Maze Wheel on Post 2 Single Slide Plastic Hood 1 The Big Curve Twister Slide 5’ 1 Wave Slide 4’ 1 “Accessible Step Deck 24””” 1 Transfer Station 3’ 1 Poly Deck Ladder 2’ 1 Sign Language Panel 1 Mini Push Panel 1 Honey Bee Panel 1 6’ Ramp With Barrier Rails 4 Rectangle Deck 1 Rectangle Deck 1 Wheelchair Barrier 1 Threshold 1 Open Rail 1 Double Slide Plastic Hood 1 Double Tot Slide 3’ 1 “567 “” Channel” 1 “1444.4 “” Channel” 8 “Anti-Wrap Swing Bearing (For 3-1/2”” Top Bar)” 1 Slash-Proof Baby Seat (8’ Top- bar) 2 Slash-Proof Belt Seat (8’ Top- bar) 1 Inclusive Swing Seat (8’ Top- bar) 1 8’ Single Post Swing 1-Bay 1 Accessible 8’ Single Post Swing Extend-A-Bay 1 Whirl & Twirl Components CITY OF NIAGARA FALLS - VARIOUS PARKS - OPTION 2 Henderson is 100% Canadian owned and operated sinCe 1971Page 114 of 374 Providing Playground Fun Model No. B306808R0 © 2017 Henderson Recreation Equipment Limited | All rights reserved. 1-800-265-5462 | Fax 519-426-1132 | www.hendersonplay.com 11 Gilbertson Drive, Simcoe, Ontario, Canada, N3Y4K8 This drawing is not to be reproduced in any way without prior approval from Henderson Recreation. Posts | Charcoal Accents | Tan Roto-Molded Plastic | Brown HDPE Plastic | Brown-Tan-Brown 1 Vertical Rail 1 Mini Racecar Panel 1 J UMP! Panel 1 Detective Panel - Critters 1 Gear Panel 1 Finger Maze Panel 1 Snake Balance Beam 1 Lizard Climber 3’ 1 Ring Climber 4’ 1 Twisted Arch Climber 5’ 7 Triangle Deck 1 Launch Pad 5 “Infill Panel 6””” 1 Loop-to-Loop 1 Safety Railings (set of 2) 1 Wheelchair Barrier 1 Maze Wheel on Post 2 Single Slide Plastic Hood 1 The Big Curve Twister Slide 5’ 1 Wave Slide 4’ 1 “Accessible Step Deck 24””” 1 Transfer Station 3’ 1 Poly Deck Ladder 2’ 1 Sign Language Panel 1 Mini Push Panel 1 Honey Bee Panel 1 6’ Ramp With Barrier Rails 4 Rectangle Deck 1 Rectangle Deck 1 Wheelchair Barrier 1 Threshold 1 Open Rail 1 Double Slide Plastic Hood 1 Double Tot Slide 3’ 1 “567 “” Channel” 1 “1444.4 “” Channel” 8 “Anti-Wrap Swing Bearing (For 3-1/2”” Top Bar)” 1 Slash-Proof Baby Seat (8’ Top- bar) 2 Slash-Proof Belt Seat (8’ Top- bar) 1 Inclusive Swing Seat (8’ Top- bar) 1 8’ Single Post Swing 1-Bay 1 Accessible 8’ Single Post Swing Extend-A-Bay 1 Whirl & Twirl Components CITY OF NIAGARA FALLS - VARIOUS PARKS - OPTION 2 Henderson is 100% Canadian owned and operated sinCe 1971Page 115 of 374 MW-2020-013 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2020-13 QEW Watermain Crossing Tender Award - Contract No. 2020-380-15 RECOMMENDATION 1. That the contract be awarded to the lowest bidder Peter’s Construction Group at the corrected bid price of $1,668,222.80 + applicable taxes. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Council authorize a 2021 pre-budget allocation of $650,000 to be used as additional funding for the completion of this Capital Project. EXECUTIVE SUMMARY In 2015, Municipal Works staff identified a leak in the City’s 1954 watermain under the Q.E.W that connects Kinsmen Court to Oakwood Drive North. A new alignment for a 200mmm diameter watermain was designed to utilize Public right-of-ways and City owned lands. The abandonment of the old 1954 watermain will be completed under a separate contract #2019-380-15. Staff in accordance with City Procurement policies pre-qualified two experienced microtunnelling subcontractor to perform a majority of the work through a trenchless process as required by the Ministry of Transportation. Staff prepared tender documents and received the lowest tender submitted by Peters Construction Group in the amount of $1,668,222.80 plus applicable taxes. Peters Construction Group has successfully completed many projects of this scale within the Niagara Region and for the City of Niagara Falls. We are of the opinion that this contractor is capable of successfully undertaking this project. It is recommended that Council award the tender to Peters Construction Group in the amount of $1,668,222.80. Reinstatement of this crossing will ensure that the two (2) large retirement homes and businesses on Oakwood Drive are provided with a secondary supply of water and will Page 116 of 374 2 MW-2020-013 June 2, 2020 ensure fire protection demands can be met in the event of a service disruption on McLeod Road or Oakwood Drive North. An amount of $500,000 was approved for this construction project in the 2016 Capital Budget and an additional $670,000 was approved in the 2019 Capital Budget. Due to the nature of the required trenchless installation method and limited qualified contractors in the microtunnelling field has resulted in tender amount that exceeds the approved budget amount. It is estimated that an additional $650,000 will be required to complete this capital construction project, resulting in a total Capital Budget amount of $1,820,000. The purpose of this report is to recommend that Council award the tender to Peters Construction group in the amount of $1,668,222.80 plus applicable taxes and authorize a 2021 pre-budget allocation of $650,000 for additional funding to complete this Capital Project. BACKGROUND In 2015, Municipal Works staff identified a leak in the City’s watermain under the Q.E.W that connects Kinsmen Court to Oakwood Drive North. The 150mm diameter cast iron watermain was installed in 1954 and had an expected service life of 60 years. Staff retained Niagara Engineering to provide Engineering services for a new QEW watermain crossing that would be install by trenchless methods. The original crossing bisects through two private properties at 6800 Montrose Road and 6861 Oakwood Drive. As part of the design it was determined that a more feasible crossing location at the dead end of newly developed Marpin Court and through a City own parcel of land on Oakwood Drive would limit the watermains encumbrance on private property. The abandonment of the old 1954 watermain will be completed under contract #2019-380-15 which was proposed to commence earlier this year but has been delayed due to Covid-19 restriction in place with the private industries it falls within. Work will commence once restrictions have lifted. As the Southgate Estates development was completed a new 200mm diameter watermain was installed along Marpin Court and stub at the eastern limit of the property within City dedicated land. This allows for a trenchless installation under the QEW to a vacant parcel of land own by the City fronting on Oakwood Drive. Ministry of Transportation approval was received in April of 2020. To ensure adherence to Ministry of Transportation requirements of trenchless method of microtunnelling, City Staff pre-qualified two sub-contractors as part of RPFQ8-2020. The successful Contractor would be required to carry Marathon Underground Constructors Corporation or Ward and Burke Microtunnelling Ltd as the microtunnelling subcontractor. Page 117 of 374 3 MW-2020-013 June 2, 2020 ANALYSIS/RATIONALE The project tender received four (4) registered bidders. Two (2) bids were submitted. The Tender Opening was completed in the presence of the Manager of Procurement, Dave Butyniec, Construction Services Supervisor, Joe D’Agostino and the Executive Coordinator of Municipal Works Natasha Vuckovic opened tenders on Tuesday, May 12th, 2020. The following is a summary of the totalled tender prices (excluding HST) from the contractor submissions, complete with corrections as noted. Contractor City Tender Price Corrected Bid Peters Construction Group Welland $1,668,223.00 $1,668,222.80 Ward & Bruke Microtunnelling Ltd. Mississauga $ 2,559,500.00 N/A The lowest tender price was received from Peters Construction Group in the amount of $1,668,222.80 plus applicable taxes. Peters Construction Group has successfully completed many projects of this scale within the Niagara Region and for the City of Niagara Falls; they are capable of undertaking and completing this project. They identified that they are carrying Marathon Underground Constructors Corporation as their microtunnelling sub-contractor. Construction would start in the summer of 2020 and take an estimated forty (40) working days to complete. This proposed infrastructure provides a secondary water source for Oakwood Drive North in the event that the main on McLeod Road or Oakwood Drive North become inoperable. Staff recommends awarding this tender to the lowest bidder Peter’s Construction Group at the corrected bid price of $1,668,222.80 plus applicable taxes. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for the QEW Watermain Crossing project was approved in the 2016 Capital Budget in the amount of $500,000 with an additional amount of $670,000 approved in the 2019 Capital Budget. The tender bid price and construction-related expenses such as contract administration, inspection, materials testing exceed the available budget by approximately $650,000. Staff recommends that additional funding in the amount of $650,000 be authorized as a 2021 pre-budget allocation to be used for the completion of Page 118 of 374 4 MW-2020-013 June 2, 2020 this Capital Project. The total amended Capital Budget including the recommended additional amount of $650,000 is $1,820,000. CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s Strategic Priorities by providing strong and resilient infrastructure in a healthy and safe livable community through accountable government practices. LIST OF ATTACHMENTS 1. Location Plan Recommended by: Erik Nickel, Director of Municipal Works/City Engineer Respectfully submitted: Ken Todd, Chief Administrative Officer Page 119 of 374 MW-2020-13 L1 Location Map Queen Elizabeth Way (QEW) Watermain Crossing Location N PROPOSED WATERMAIN CROSSING PROPOSED WATERMAIN ABANDONEMENT Page 120 of 374 PBD-2020-34 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2020-34 PLC-2020-001, Request for Removal of Part Lot Control Block 11 in Plan 59M-474 4837- 4847 Pettit Avenue Applicant: Winzen Niagara Homes Limited RECOMMENDATION That Council approve the request and pass the by-law included in today’s agenda to designate Block 11, Registered Plan 59M-474, as exempt from Part Lot Control for a period of two years. EXECUTIVE SUMMARY Winzen Niagara Homes Limited has requested Council to pass a by-law to exempt Block 11, Plan 59M-474 from being subject to Part Lot Control to allow the transfer of ownership of the on-street townhouse dwelling units that are under construction. The request can be supported based on the following: The use of this Planning Act mechanism is an acceptable alternative to a consent because the block is located within a registered subdivision; The zoning permits on-street townhouse dwellings and the proposed parcel sizes; and The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold. BACKGROUND Winzen Niagara Homes Limited has submitted a request to have Part Lot Control lifted from Block 11 in Registered Plan 59M-474 located on Petit Avenue. The subject lands are located on the west side of Pettit Avenue, opposite Burdette Avenue, as illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to blocks within registered plans of subdivision. In this case, the removal of Part Lot Control is requested to allow the creation of 6 parcels for 6 on-street townhouse dwelling units (Block 11). Refer to Schedule 2, for further details. Page 121 of 374 2 PBD-2020-34 June 2, 2020 ANALYSIS/RATIONALE The subject lands are located on Petit Avenue within the Cropp Street plan of subdivision (59M-474) which was registered on November 15, 2019. The subdivision contains a mix of blocks of land for on-street townhouse dwellings and apartments. Block 11 is zoned Residential Mixed (R3-989) by Zoning By-law No. 79-200, as amended by By-law No. 2013-126. The proposed parcels comply with the minimum lot area and minimum lot frontage requirements of the site specific R3-989 zone. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt blocks from Part Lot Control to allow lot lines to be reconfigured or parts of a block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that the block can be divided into 6 parcels, each retaining a dwelling unit of the on-street townhouse dwelling. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time peri od should be sufficient to allow units to be absorbed by the market. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As Development Charges have already been collected, there are no financial implications. CITY’S STRATEGIC COMMITMENT Council’s priority is to use infill opportunities for multi-family development to diversify housing composition and affordability in existing neighbourhoods. The application is consistent with this priority. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Reference Plan – Block 11 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer N.DeBenedetti:cr Attach. S:\PDR\2020\PBD-2020-34, PLC-2020-001 Request for Removal of Part Lot Control, Winzen Niagara Homes.docx Page 122 of 374 3 PBD-2020-34 June 2, 2020 SCHEDULE 1 N SUBJECT LAND Page 123 of 374 4 PBD-2020-34 June 2, 2020 SCHEDULE 2 (BLOCK 11) Page 124 of 374 TS-2020-14 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2020-14 Stop Sign Conversion Review RECOMMENDATION That the following report be received for the information of Council. EXECUTIVE SUMMARY As requested by Council, City Staff initiated a review on the feasibility of substituting existing STOP control with YIELD control throughout the City, based on the hypothesis that there could be a significant reduction in greenhouse gas (GHG) emissions produced by vehicles; improving the City’s carbon footprint. GHG emissions are directly related to fuel consumption since carbon dioxide is a component of exhaust gases from internal combustion engines. City staff conducted a traffic analysis, using Synchro/SimTraffic 10 software, revealing less than a 2% reduction in GHG emissions and fuel consumption between the existing STOP control scenario and adjusted YIELD control scenario. An intersection must provide sufficient sight distance for drivers to perceive potential conflicts and carry out actions needed to negotiate the intersection safely. The sight triangle for motorists approaching a YIELD-controlled intersection exceeds those for STOP-controlled approaches. Drivers approaching a YIELD-controlled intersection require a larger sight triangle that normally cannot be achieved due to dwellings, fences, etc. constructed at corners. It is anticipated that majority of intersections throughout the City will have inadequate sightlines for YIELD control conversion, as STOP-controlled intersections are implemented on local road networks which are predominantly surrounded by residential land-use. Staff concluded that substituting existing STOP control with YIELD control throughout the City is not feasible. Implementation of YIELD control is recommended to be limited to intersections which have adequate sightlines in accordance with prevailing standards. Page 125 of 374 2 TS-2020-14 June 2, 2020 BACKGROUND As requested by Council, City Staff initiated a review on the feasibility of substituting existing STOP control with YIELD control throughout the City, based on the hypothesis that there could be a significant reduction in greenhouse gas (GHG) emissions produced by vehicles; improving the City’s carbon footprint. Both YIELD and STOP signs have the same significance, except the latter constrains motorists to stop at all times, even if a driver deems it to be unnecessary. Due to this, YIELD control generally reduces the delay to motorists compared to STOP control, however, context sensitive advantages and disadvantages apply when determining the feasibility of YIELD control and therefore is taken into consideration on a case -by-case basis at appropriate intersections. There are three (3) main types of unsignalized intersections utilized within the City of Niagara Falls, as follows: STOP-Controlled Intersections As stated in the Ontario Traffic Manual – Book 5: Regulatory Signs (OTM Book 5), the purpose of the STOP sign is to clearly assign the right-of-way between motorists approaching an intersection from different directions when traffic signals are not warranted or not yet installed and it has been determined that a YIELD sign is inadequate. The STOP sign requires the driver to stop the vehicle before entering the intersection, yield to any traffic in or approaching the intersection and then proceed when safe to do so. Note: currently there are approximately 989 intersections with STOP-controls, with 1563 individual signs. YIELD-Controlled Intersections As stated in OTM Book 5, the purpose of the YIELD sign is to regulate the right-of-way control at intersections where the normal right-of-way rule does not provide safe, convenient and efficient traffic movement; and a stop regulation at one or more of the approaches is too restrictive. Motorists that face a YIELD sign are required to slow down or stop if necessary and wait until the way is clear before driving through the intersection. Note: currently there are approximately 110 intersections with YIELD-controls, with 120 individual signs. Page 126 of 374 3 TS-2020-14 June 2, 2020 Uncontrolled Intersections Where motorists face no signs or traffic lights at an intersection, similarly to YIELD control, they are required to slow down or stop if necessary. If two vehicles come to an uncontrolled intersection from different roads at the same time, the normal right-of-way rule applies where the motorist on the left must yield the right-of-way to the motorist on the right. These intersections are typically found in areas where there is very low traffic volumes. Note: there are approximately 206 uncontrolled intersections. ANALYSIS/RATIONALE Multiple factors were considered by Staff as part of reviewing the feasibility of substituting existing STOP control with YIELD control throughout the City. These factors include the following: Sight Distance An intersection must provide sufficient sight distance for drivers to perceive potential conflicts and carry out actions needed to negotiate the intersection safely. The sight distances needed by drivers on YIELD-controlled approaches exceed those for STOP- controlled approaches. The Transportation Association of Canada’s Geometric Design Guide prescribes national guidelines for driver sight lines at intersections. Intersection approaches with either a STOP or YIELD control requires both an adequate stopping sight distance, for motorists to stop safely when approaching an intersection, and a clear departure sight triangle to enable stopped motorists to view oncoming traffic when looking to the left and right, allowing them to safely cross or enter onto the intersecting roadway. YIELD-controlled approaches requires a much larger approach sight triangle for motorists to see another vehicle on an intersecting roadway when approaching the intersection, allowing the driver to begin to safely brake to a stop if necessary. For a driver wishing to proceed straight through a YIELD-controlled intersection without having to stop, no obstruction within 55 metres of the intersection, for roads posted at 50 km-h, would be required to enable the driver to see any vehicle approaching on the intersecting road. For a driver wishing to carry out a left or right turn, the driver would need to decelerate in order to negotiate the turn, and thus no obstruction within 25 metres of the intersection, for roads posted at 50 km -h, would be required to enable the driver to see any driver approaching on the intersecting road. As seen in the figures provided in the Appendix, the approach sight triangles needed for YIELD control is not achieved due to the corner dwellings obstructing the required sightlines. It is anticipated Page 127 of 374 4 TS-2020-14 June 2, 2020 that the majority of intersections throughout the City will have inadequate sightlines for YIELD control conversion, as STOP-controlled intersections are implemented on local road networks which are predominantly surrounded by residential land-use. Greenhouse Gas (GHG) Emissions GHG emissions are directly related to fuel consumption since carbon dioxide is a component of exhaust gases from internal combustion engines. Notwithstanding the sight line requirement, City staff conducted a traffic analysis, using Synchro/SimTraffic 10 software, to compare estimations of GHG emissions produced for a typical intersection in a residential area with both STOP and YIELD control, respectively, under the same traffic conditions. The analysis evaluated results for an intersection carrying 200 cars in the busiest one hour period with a 75/25 volume split. The SimTraffic model results revealed that converting the traffic control on the minor road from STOP to YIELD can reduce fuel consumption by up to 1.7% and GHG emissions by 1.5%. The study findings complement a research paper entitled A Quick Estimation Method for Greenhouse Gas Emissions at Intersections, which revealed insignificant differences in fuel consumption when comparing all-way STOP and roundabout configurations at intersections with low traffic volumes. A noticeable difference in fuel consumption occurred at intersections with volumes greater than seventeen-hundred and fifty (1,750) vehicles per hour. However, most intersections within residential neighbourhoods in Niagara Falls carry significantly less than 1,750 cars in one hour. Converting traffic control would provide negligible benefit in fuel consumption and greenhouse gas emissions on a network level. Conclusion Based on the results of the review, Staff concluded that substituting existing STOP control with YIELD control throughout the City is not feasible. Establishing YIELD control is recommended to be limited to intersections which have adequate sightlines and determined through a technical assessment. FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial, staffing, or legal implications with Staff’s recommendation. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Page 128 of 374 5 TS-2020-14 June 2, 2020 LIST OF ATTACHMENTS Examples of Intersection Sightlines for STOP and YIELD Control Recommended by: Mathew Bilodeau, Acting Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 129 of 374 TS-2020-14 Example of Required Sightlines for STOP-Controlled Intersection Sample Location: St. George Avenue & McMicking StreetPage 130 of 374 TS-2020-14 Example of Required Sightlines for YIELD-Controlled Intersection (Crossing Maneuver) Sample Location: St. George Avenue & McMicking StreetPage 131 of 374 TS-2020-14 Example of Required Sightlines for STOP-Controlled Intersection Sample Location: St. George Avenue & McMicking StreetPage 132 of 374 TS-2020-14 Example of Required Sightlines for YIELD-Controlled Intersection (Crossing Maneuver) Sample Location: St. George Avenue & McMicking StreetPage 133 of 374 TS-2020-15 June 2, 2020 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2020-15 Collins Drive at Toby Crescent Intersection Control Review RECOMMENDATION That a yield sign is installed at both intersections of Collins Drive and Toby Crescent as follows: Collins Drive at Toby Crescent (north intersection) o facing traffic northbound on Collins Drive; o facing traffic southbound on Collins Drive; and o facing traffic westbound on Toby Crescent. Collins Drive at Toby Crescent (south intersection) o facing traffic southbound on Collins Drive (left turn); o facing traffic southbound on Collins Drive (right turn); and o facing traffic northbound on Collins Drive. EXECUTIVE SUMMARY Yield control is recommended to be implemented at both intersections to properly assign the right-of-way amongst motorists. BACKGROUND City Staff has received a request to investigate the feasibility of implementing some form of intersection control at both intersections of Collins Drive and Toby Crescent (north and south intersections). Both intersections currently operate under no control. Page 134 of 374 2 TS-2020-15 June 2, 2020 ANALYSIS/RATIONALE Study results indicate that implementing yield control at both subject intersections would appropriately assign the right-of-way to drivers. A collision review revealed that a collision problem does not exist at any of these intersections in the previous five years. The installation of the yield signs will ensure motorists on the approaches facing a yield sign will slow down or stop if necessary and yield the right-of-way to motorists on the major roads. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the yield signs is to be carried out by Transportation Services staff. The labour and material costs has been accounted for in the 2020 General Purposes Budget. It is estimated that the cost to install the signs is approximately $1,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Recommended by: Mathew Bilodeau, Acting Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 135 of 374 Free FlowYieldProposed Sign Legend Collins Drive Toby Crescent Toby CrescentIntersection Control ReviewCollins Drive at Toby Crescent Proposed Yield SignsTS-2020-15 Page 136 of 374 Free FlowYieldProposed Sign Legend Collins Drive Toby Crescent Toby CrescentIntersection Control ReviewCollins Drive at Toby Crescent Proposed Yield SignsTS-2020-15 Page 137 of 374 Page 138 of 374 Page 139 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 1 of 11 HIGHLIGHTS: Page 140 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 2 of 11 As the administrator of social housing for Niagara Region, Niagara Regional Housing (NRH) works to fulfill our vision and mission through six main areas of responsibility: 1. Public Housing (NRH Owned Units) 2. Non-Profit Housing Programs 3. Rent Supplement Program 4. Affordable Housing Program 5. Service Manager Responsibilities 6. Housing Access Centre and Centralized Waiting List VISION That the Niagara community will provide affordable, accessible and quality housing for all residents MISSION To expand opportunities that make affordable housing an integral part of building healthy and sustainable communities in Niagara Page 141 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 3 of 11 1 DAY-TO-DAY MAINTENANCE: In Q1, 2,575 work orders were issued, representing $905,371.35. $39,965.18 of this amount was charged back to tenants who were held responsible for damages. 2019-Q1 2019-Q2 2019-Q3 2019-Q4 2020-Q1 # of work orders issued 2,500 3,084 3,111 3,675 2,575 CAPITAL PROGRAM: The Capital Program is responsible for maintaining the Public Housing (NRH Owned Units) asset and planning for future sustainability. In Q1, 42 purchase orders were issued, 1 public tender closed and purchase orders issued $1,569,627. The Capital Program was responsible for one capital project and 41 purchase orders valued at $1,569,627: one project - replacement of balconies and railings 41 RFPs and RFQs - various investigations, health and safety repairs, structural repairs and pavement retrofits As of March 31, 2020, $ 1,569,627 of the $11.7 budgeted (excluding emergency) has been committed and or actually spent (13.41%). T ENANT MOVE OUTS: Move Outs By Reason Health 3 NRH Transfer 14 Long Term Care Facility 12 Moved to Coop or Non-Profit 2 Deceased 12 Bought a House 1 Private Rental 4 Left Without Notice 1 Voluntarily Left Under Notice 1 Other/None Given 10 Eviction – Tribunal 2 Cease to Qualify 0 TOTAL 62 In Q1, there were 62 move outs. Two involved eviction orders granted under the Ontario Landlord Tenant Board (LTB) – Arrears (one), Disturbances N5 (one). One of the evictions was enforced by the Sherriff. 2019-Q1 2019-Q2 2019-Q3 2019-Q4 2020-Q1 # of move outs 51 86 57 71 62 1. Public Housing (NRH Owned Units) Page 142 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 4 of 11 ARREARS: NRH Housing Operations actively works to reduce rent arrears but saw an increase in 2020-Q1 due to COVID-19 and tenant job loss while they await provincial benefits. Mar 31, 2019 Jun 30, 2019 Sept 30, 2019 Dec 31, 2019 Mar 31, 2020 Rent charges for the month $1,203,317.00 $1,257,090.00 $1,267,460.00 $1,286,793.00 $1,302,721.00 Accumulated rent arrears $35,736.89 $34,004.39 $35,549.21 $36,134.21 $71,135.25 Arrears % 2.97% 2.71% 2.80% 2.81% 5.46% INSURANCE: In Q1, there were four property damage claims awaiting final costs with payout pending. COMMUNITY RESOURCES AND PARTNERSHIPS: In Q1, we had partnerships with 43 community agencies across Niagara. As a result of these partnerships, more than 200 support and enrichment activities were offered to tenants at NRH sites. Each partnership contributes to tenant lives and, in turn, the success of the Public Housing community as a whole: NRH began working with local partners to bring the Ontario Seniors Dental Care Program to eligible low-income seniors in NRH communities. Quest Health Centres, Centre De Sante and Bridges Health Centre facilitated presentations and applications for the program, which will provide dental benefits to seniors who do not have access through other government programs such as Ontario Disability Support Program (ODSP), Ontario Works (OW) or Non- Insured Health Benefits (NIHB). Also during Q1, NRH Community Programs Coordinators (CPCs) offered support to 327 new referrals of tenants in need of assistance. Of those new referrals, 59% were considered medium-high need, (e.g. child safety concerns, eviction, social issues, cognitive concerns). In particular, there was an increase in the number of tenants needing help with supports and referrals to other agencies. Page 143 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 5 of 11 2 As administrator of social housing for Niagara Region, NRH provides legislative oversight for 60 Non-Profit Housing Programs (non-profit and co-operative). Operational Reviews are conducted to determine the overall health of each. 2019-Q1 2019-Q2 2019-Q3 2019-Q4 2020-Q1 Healthy 40 40 40 39 37 Routine Monitoring 18 17 17 18 21 Intensive Monitoring 0 1 1 1 0 Pre-PID (Project in Difficulty) 1 1 1 1 1 PID (Project in Difficulty) 1 1 1 1 1 TOTAL 60 60 60 60 60 NRH Housing Programs staff continue to work with Housing Providers as they move toward End of Operating Agreements (EOA) / End of Mortgage (EOM). 3 In Q1, there were 1,457 Rent Supplement/Housing Allowance units across Niagara. In the Rent Supplement program, tenants pay 30% of their gross monthly income directly to the private landlord and NRH subsidizes the difference up to the market rent for the unit. The Housing Allowance program is a short-term program that provides a set allowance to help applicants on the wait list. 2019-Q1 2019-Q2 2019-Q3 2019-Q4 2020-Q1 Fort Erie 26 32 32 30 32 Grimsby 34 26 24 22 18 Lincoln (Beamsville) 11 11 11 13 14 Niagara Falls 235 239 240 239 237 Niagara-on-the-Lake 4 5 5 5 5 Pelham 20 19 19 19 17 Port Colborne 67 62 65 64 67 St. Catharines 741 780 773 778 798 Thorold 57 61 56 57 61 Welland 209 203 200 198 192 West Lincoln 15 15 15 16 16 TOTAL 1,419 1,453 1,440 1,441 1,457 Variance in the Rent Supplement program are a reflection of fluctuation between agreements ending and new agreements taken up with landlords. 2. Non-Profit Housing Programs 3. Rent Supplement Program Page 144 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 6 of 11 An In-Situ Rent Supplement Program has been developed to engage new landlords and offer applicants on the Centralized Waiting List an opportunity to receive Rent-Geared-to- Income assistance where they currently live. This removes the need for moving related expenses and broadens the network of landlords in business with NRH. In Q1, NRH initiated new agreements with nine new landlords. NIAGARA RENOVATES PROGRAM: The Niagara Renovates program provides assistance to low-to-moderate income homeowners for home repairs, accessibility modifications and the creation of secondary suites in single family homes. Niagara Renovates inspections for new applicants for the 2020-2021 funding cycle have been placed on hold due to COVID-19. Inspections of completed work are being verified by homeowner photographs and formal inspections will take place as soon as possible and will include all areas inside and outside of the home to ensure compliance with program guidelines. Issues will be identified and a detailed Inspection Report provided to the homeowner. NRH received $545,920 through the Ontario Priorities Housing Initiative (OPHI) for all three streams of the program (Homeowner, Secondary Suite and Multi-Unit). Eight homeowners have been approved for funding at this time and NRH is working toward re-opening these programs as we become more proficient at working under the COVID-19 rules. HOMEOWNERSHIP PROGRAM – “WELCOME HOME NIAGARA”: The Homeownership program assists low-to-moderate income rental households to purchase their first home by providing a down payment loan. NRH received $200,000 through the Ontario Priorities Housing Initiative (OPHI) program in September 2019 to be committed by March 2020. In Q1, four homeowners received assistance through Welcome Home Niagara. One of these was an NRH tenant. 2019-Q1 2019-Q2 2019-Q3 2019-Q4 2020-Q1 # of homeowners assisted 0 4 6 7 4 4. Affordable Housing Program Page 145 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 7 of 11 HOUSING FIRST PROGRAM: The Housing First program helps people move quickly from homelessness to their own home by providing supports to help difficult to house individuals find and keep housing. In Q1, 13 individuals/families were housed through the Housing First program. Since 2012, Housing First has helped 451 individuals/families. 2019- Q1 2019- Q2 2019- Q3 2019- Q4 2020- Q1 # of individuals/families housed 10 23 15 16 13 # of Housing First units (at quarter end) 189 198 197 202 199 17 of these Housing First units were created with NRH’s new development at 527 Carlton Street in St. Catharines. RENTAL HOUSING (NEW DEVELOPMENT): NRH New Development Hawkins Street/Dell Avenue, Niagara Falls Ontario Priorities Housing Initiative (OPHI) $3,000,000 20 Regional Development Charges / NRH Reserves $17,090,000 53 TOTAL $20,090,000 73 Hawkins Street/Dell Avenue Demolition of 12 houses complete Updated Topographical Survey complete Pre-qualification Tender of General Contractors closed on February 20 – 16 submitted proposals, seven were pre-qualified, six are predicted to tender Class B Cost Report was completed and issued on March 2 Development Committee Meeting held on March 12 Drawings and specifications completed on March 16 Permit Application submitted on March 24 Site Plan Agreement approved then registered by the City of Niagara Falls on March 30 Investigating receipt of building permit prior to April 4 Construction Tender Package issued on March 16 and will close on April 21 Nine addendums issued thus far Tender Committee Meeting to be determined and pending review, construction contract recommendation to the NRH board Construction scheduled to start in late May or early June but may be delayed due to COVID-19 and provincial restrictions Page 146 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 8 of 11 AFFORDABLE HOUSING UNIT #’S BY MUNICIPALITY: Page 147 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 9 of 11 5 APPEALS: In Q1, 11 appeals were heard (one more than in 2019-Q1). Three appeals had to be postponed in March due to COVID-19 restrictions. Four related to ongoing RGI eligibility for failure to provide information (one with illegal occupants) – one UPHELD, three OVERTURNED (two with conditions) Two related to review of rent charge – both UPHELD Five for Urgent Status decisions made by Housing Access – four UPHELD, one OVERTURNED 2019-Q1 2019-Q2 2019-Q3 2019-Q4 2020-Q1 # of appeals 10 12 10 11 11 INVESTMENTS: See Appendix A – Investment Report 6 APPLICATION ACTIVITY : # of Applications Received & Processed 678 # of Eligible Applications 656 # of Special Provincial Priority Status Applications 85 # of Ineligible Applications 22 # of Urgent Status Applications 103 # of Cancelled Applications 216 # of Homeless Status Applications 150 # of Applicants Housed 119 In Q1, 216 households were removed from the Centralized Waiting List because they were no longer eligible, they found alternate housing or we were unable to make contact. 5. Service Manager Responsibilities 6. Housing Access Centre & Centralized Waiting List Page 148 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 10 of 11 CENTRALIZED WAITING LIST: 2019- Q1 2019- Q2 2019- Q3 2019- Q4 2020- Q1 # of households A Rent-Geared-to-Income (RGI) waiting list: Niagara resident RGI waiting list 4,715 4,926 5,012 5,154 5,322 Applicants from outside of Niagara 793 849 897 977 1,045 TOTAL RGI waiting list: 5,508 5,775 5,909 6,131 6,367 Housing Allowance: a set allowance to help applicants on the waiting list with affordability in the private market until housed in an RGI unit 704 742 747 742 739 A1 RGI waiting list demographics: Seniors 2,257 2,344 2,362 2,455 2,514 Adults no dependents 1,805 1,881 1,922 1,979 2,041 Adults with dependents 1,446 1,550 1,625 1,697 1,812 A2 RGI list further segmented (#’s included in A & A1): SPP – Special Provincial Priority (Ministry Priority): helps victims of violence separate permanently from their abuser 128 148 165 148 146 URG – Urgent (Local Priority): for applicants with mobility barriers and/or extreme hardship where their current accommodation puts them at extreme risk and/or causes hardship 117 109 130 142 152 HML – Homeless (Local Priority): provides increased opportunity for placement to homeless households 971 1,012 1,007 1,075 1145 SUP – Supportive/Transitional: provides targeted, provisional services to assist individuals to transition beyond basic needs to more permanent housing 15 11 12 16 23 B In addition, NRH manages: Overhoused: households who are living in subsidized accommodation with more bedrooms than they are eligible for 180 176 181 174 176 Transfer: households who are currently living in subsidized accommodation and have requested a transfer to another provider 564 573 603 613 635 TOTAL RGI households on waiting list managed by NRH: 6,252 6,524 6,693 6,918 7,178 C NRH maintains a waiting list for market rent units (62 Non-Profit Housing Programs): Market: applicants who have applied for a market rent unit in the Non-Profit Housing Programs portfolio 667 723 752 784 810 TOTAL households on waiting list managed by NRH: 6,919 7,274 7,445 7,702 7,988 TOTAL individuals on waiting list managed by NRH: 11,884 12,577 13,059 13,587 14,197 Note: the above chart includes only those who apply to the Centralized Waiting List and does not capture the full number of those in need of affordable housing in Niagara. Page 149 of 374 Q1 (January 1 to March 31, 2020) NRH 7-2020 20-190-2.4. May 15, 2020 Page 11 of 11 ESTIMATED WAIT TIMES: CITY SENIORS Age 55 and older SINGLES Age 16-54 HOUSEHOLDS WITH DEPENDENTS Bachelor 1 Bed Bachelor 1 Bed 2 Bed 3 Bed 4 Bed 5 Bed Y E A R S Fort Erie - 10 3 10 2 2 5 - Grimsby - 5 - - - - - - Lincoln - 4 - 9 10 9 - - Niagara Falls 5 6 - 17 8 3 11 15 Niagara-on-the-Lake - 5.5 - - - - - - Pelham - 10 - - - - - - Port Colborne - 5 - 11 4 4 3 - St. Catharines - 6.5 9 13 3.5 4 10 11 Thorold - 9 - 11 6 10 - - Welland - 5.5 6 15 7 2.5 7 6 West Lincoln - 4.5 - - 7 5 - - - no units of this size available in this community January 2019 Please note: wait time information can fluctuate and is an approximation only wait times may not reflect the actual time one may wait for affordable housing Page 150 of 374 General Page 1 of 1 May 6 / 20 3.1 May 6, 2020 3.1. Office of the Chief Administrative Officer COVID-19 Update – May 6, 2020 Shelley Chemnitz, Chief Administrative Officer, provided an overview of the effects of the COVID-19 pandemic on City operations and services and initiatives brought forward by the City in response. Ms. Chemnitz also provided an update on the transition from the response phase to the recovery phase of operations and the enforcement of provincial orders. Kristine Douglas, Director of Financial Management Services / City Treasurer, provided an update on the City's finances and the financial effects of the COVID-19 pandemic on service delivery, revenue, the 2020 budget, the water and wastewater budget, the parking budget and the City's cash flow. Ms. Douglas outlined anticipated future financial challenges as well as financial mitigation efforts that have been and could be implemented. Moved By: Councillor Dodge Seconded By: Councillor Williamson That the City of St. Catharines continues to work to keep essential services running for residents and businesses during the rapidly evolving global COVID-19 pandemic from a strategic and proactive approach while also suffering plummeting revenues; and That organizations such as the Association of Ontario Municipalities (AMO), the Federation of Canadian Municipalities (FCM) and the Large Urban Mayors’ Caucus of Ontario (LUMCO) have urged upper levels of government to provide emergency operating funding to municipalities to maintain municipal service levels; and That the City of St. Catharines continues to endorse the advocacy work of the above organizations on behalf of municipalities to upper levels of government and affirms the need for direct and flexible emergency relief for municipalities; and That the City continues to focus on recovery efforts while working with the above organizations as well as upper levels of government to address short and long-term financial impacts, recovery efforts, and economic stimulus; and Further, that the City of St. Catharines forward this resolution to the Prime Minister of Canada, Canada’s Minister of Finance, the Premier of Ontario, Ontario’s Minister of Municipal Affairs and Housing, Ontario’s Minister of Finance, local area MPs and MPPs, the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, and the Large Urban Mayors’ Caucus of Ontario. FORTHWITH Yeas: Councillors Dodge, Garcia, Kushner, Littleton, Miller, Phillips, Porter, Siscoe, Sorrento, Townsend, Williamson, and Mayor Sendzik Nays: Carried Councillor Harris was not present for the vote on this item. Page 151 of 374 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-685-4225 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca May 22, 2020 CL 7-2020, May 21, 2020 PEDC 4-2020, May 13, 2020 PDS 22-2020, May 13, 2020 LOCAL MUNICIPAL PLANNING DIRECTORS SENT ELECTRONICALLY RE: Implications of the New Provincial Policy Statement, 2020 Regional Council, at its meeting of May 21, 2020, approved the following recommendation of its Planning and Economic Development Committee: 1.That Report PDS 22-2020, dated May 13, 2020, respecting Implications of the New Provincial Policy Statement, 2020, BE RECEIVED; and 2.That a copy of Report PDS 22-2020 BE CIRCULATED to Local Municipal Planning Directors. A copy of Report PDS 22-2020 is enclosed for your information. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2020-151 cc: A. Morrison, Planner R. Mostacci, Commissioner, Planning and Development Services N. Oakes, Executive Assistant to the Commissioner, Planning and Development Services Page 152 of 374 PDS 22-2020 May 13, 2020 Page 1 Subject: Implications of the New Provincial Policy Statement, 2020 Report to: Planning and Economic Development Committee Report date: Wednesday, May 13, 2020 Recommendations 1. That report PDS 22-2020 BE RECEIVED for information. 2. That a copy of report PDS 22-2020 BE CIRCULATED to Local Municipal Planning Directors. Key Facts This report provides an overview of the contents of the revised Provincial Policy Statement, 2020 (“PPS”). On May 2, 2019, the Ministry of Municipal Affairs and Housing (“MMAH”) announced the Housing Supply Action Plan concurrently with Bill 108: More Homes, More Choice Act, 2019 (“Bill 108”). On July 22, 2019, MMAH released a draft PPS as part of the same Housing Supply Action Plan program. Consultation was open until October 21, 2019. Staff submitted comments on the draft PPS to the MMAH through the Environmental Registry of Ontario (“ERO”). These comments are provided in report PDS 31 -2019. On February 28, 2020, MMAH released the final version of the new PPS. This replaces the old PPS, 2014. A copy of the new PPS is attached as Appendix 1 and a comparison document of the old PPS and new PPS is attached as Appendix 2. The new PPS comes into effect on May 1, 2020. The Planning Act, 1990, states that Council’s decision on any planning matter shall be consistent with the PPS. Financial Considerations There are no financial considerations directly linked to this report. Page 153 of 374 PDS 22-2020 May 13, 2020 Page 2 ______________________________________________________________________ Analysis The purpose of this report is to inform Council of the content of the new PPS. The PPS is the statement of Ontario’s policies on land use planning. It is the foundational document that sets out how planning should be done in the Province. The Planning Act, 1990, requires Council’s decisions on planning matters to be consistent with the PPS. Similarly, comments or advice relating to a planning matter must be consistent with the PPS. The PPS has had several iterations over the last few decades. The new PPS, 2020 replaces the PPS, 2014. A comparison of PPS, 2014 and PPS, 2020 is provided in Appendix 2. Many of the changes in the new PPS reflect recent amendments to other Provincial plans and legislation that have occurred through Bill 108 and MMAH’s Housing Supply Action Plan. A timeline of these changes to Provincial policy is shown in Figure 1. Figure 1: A timeline of new Provincial plans and other changes since 2014. The following sections of this report provides a description of the major PPS changes by theme. The specific policy changes are provided in the appendices. Page 154 of 374 PDS 22-2020 May 13, 2020 Page 3 ______________________________________________________________________ Employment Changes to the PPS on employment-related matters reflect the new policy direction contained in the recently amended A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (the “Growth Plan”). The new PPS emphasizes land use compatibility through the protection of existing and planned employment uses from encroaching non-employment sensitive land uses. Policy language added to sections 1.2 “Coordination” and 1.3 “Employment” are more specific about need requirements for proposing non-employment sensitive land uses near industrial and manufacturing employment uses. Newly added language to policy 1.3.2.3 restricts the ability to locate non-employment uses within certain employment areas. Specifically, employment areas planned for industrial and manufacturing uses are required to prohibit residential uses, as well as prohibit or limit other sensitive land uses. Further, these areas should include an appropriate transition to adjacent non-employment uses. Policy 1.2.3.5 has been added to address gaps between the Growth Plan and PPS on matters relating to the timing and ability to convert employment uses. This policy reflects language contained in section 2.2.5 “Employment” of the Growth Plan that allows for conversions in employment areas to occur outside of a municipal comprehensive review (“MCR”) – unless located within a provincially significant employment zone (“PSEZ”). Further, changes to PPS policy 1.3.2.7 extends the ability for planning authorities to plan for and protect employment areas from a 20 year timeline to 25 years. Settlement Area Boundary Expansions Changes to section 1.1.3 “Settlement Areas” of the PPS ensure consistency with the recently amended Growth Plan on matters relating to settlement area expansions. PPS policy 1.1.3.8 has added language that provides direction for municipalities, including those located outside of the GGH, to adjust the level of detail when reviewing a settlement area boundary expansion request during a MCR to correspond with the complexity and scale of the request. Page 155 of 374 PDS 22-2020 May 13, 2020 Page 4 ______________________________________________________________________ Additionally, policy 1.1.3.9 was added to recognize Growth Plan provisions that permit settlement area boundary expansions outside of a MCR. This policy ensures alignment with section 2.2.8 “Settlement Area Boundary Expansions” of the Growth Plan. Housing The new PPS contains added policy language and terminology that recognize Growth Plan policy direction on matters relating to market-demand and housing options. Both the Growth Plan and PPS have been amended to define “housing options” as a range of housing types such as, but not limited to single-detached, semi-detached, rowhouses, townhouses, stacked townhouses, multiplexes, additional residential units, tiny homes, multi -residential buildings. The term can also refer to a variety of housing arrangements and forms such as, but not limited to life lease housing, co -ownership housing, co-operative housing, community land trusts, land lease community homes, affordable housing, housing for people with special needs, and housing related to employment, institutional or educational uses. The inclusion of this definition in the PPS, accompanied by new policy language throughout section 1 “Building Strong Healthy Communities” places greater emphasis on planning authorities to plan for and provide increased housing options, including both market-based and affordable development types. Specifically, the new PPS speaks to satisfying market demand for housing options within strategic growth areas based on existing or planned municipal servicing and investments. For instance, changes to policy 1.2.1 directs planning authorities to plan for and integrate land uses with transit-supportive development to optimize municipal service and infrastructure investments. Further, added language to policy 1.1.3.3 expands on policy 1.2.1 and requires planning authorities to identify and promote opportunities for transit-supportive development that accommodates a significant supply and range of housing options through intensification and redevelopment. The new PPS also aims to increase the amount of available designated land for growth, depending on market-based demand and level of intensification within settlement areas. Specifically, changes to policy 1.4.1 require the municipal residential land supply to be Page 156 of 374 PDS 22-2020 May 13, 2020 Page 5 ______________________________________________________________________ 15 years, rather than 10 years, as well as provide for a 5 -year supply for residential units through lands able to accommodate the units and in draft approved registered plans. In regards to development application processes, a draft policy for “priority applications” was not included in the final version of the new PPS. Specifically, the October draft PPS included a policy to condense the development review and approval process for “priority applications”. In the Region’s submission (see PDS 31-2019), support was provided for the concept of a streamlined priority application process; however, the Region asked for clarity on how it would be applied and that authority be granted to municipalities to determine what would qualify. In lieu of this, and comments from others, the Province did not proceed with a “priority application” policy. Notwithstanding the absence of a priority application process, the Region remains committed to using available tools to expedite the development application review and approval process. Municipal Infrastructure and Servicing Changes to section 1.6 “Infrastructure and Public Service Facilities” add provisions that encourage development and redevelopment to incorporate green infrastructure and design practices that will help communities prepare for impacts of a changing climate. There also are substantive changes for planning authorities through added language to policies 1.6.6.4 and 1.6.6.5. The new PPS directs the Region to work with its local municipalities during its official plan review or update to assess the long-term impacts of individual on-site sewage services and water services on the environmental health and desired character of rural settlement areas and the feasibility of other forms of servicing. Additionally, the new PPS now permits connections to existing partial servicing where it has been provided to address instances of failed individual on-site sewage and water services for infill development on existing lots of record. These connections must be logically and financially viable, and demonstrate that site conditions are suitable for the long-term of such services with no negative impacts. The Region previously commented on the draft policy, which has not changed in the final version that this partial servicing connection policy may lead to negative Regional Page 157 of 374 PDS 22-2020 May 13, 2020 Page 6 ______________________________________________________________________ outcomes. Specifically, the Region’s Water and Wastewater Master Servicing Plan (“MSP”) only considers municipal servicing needs and forecasts for lands within its urban areas, not those outside it as raised by this policy. Planning for and servicing existing lots of record can be difficult, more expensive, and remove capacity from existing settlement areas where growth is normally planned. The Region and its local municipalities will review this policy to determine its impact on servicing connections outside of urban areas. Indigenous Consultation The new PPS encourages planning authorities to build constructive, cooperative relationships with Indigenous communities through meaningful consultation during land use planning processes. Added language clarifies instances where planning authorities are required to consult with Aboriginal communities on planning matters. Specifically, section IV “Preamble” states that consultation is required when a planning matter may affect section 35 Aboriginal or treaty rights, or when identifying, protecting, and managing cultural heritage and archaeology resources. This is also reflected in policy 2.6.5 that requires planning authorities to engage with Indigenous communities and consider their interests when identifying, protecting and managing cultural heritage and archaeological resources. While added language clarifies instances of required municipal consultation with Aboriginal communities, it does not address the specific requirements or how practices, processes of these efforts should be carried out. The Region will engage with the Province to seek guidance on the intended process for engagement with Aboriginal communities. Alternatives Reviewed The purpose of this report is to inform Council of changes to the new PPS. There are no alternatives to this report. Commissioner Comments Essentially, the new PPS aims to increase the supply of land available for housing within settlement areas while at the same time reflecting current market-based demand and transit supportive intensification. As such, it is incumbent on the Region and the LAMs to continue to invest in the planning and support of District Plan and Secondary Page 158 of 374 PDS 22-2020 May 13, 2020 Page 7 ______________________________________________________________________ Plan initiatives which proactively facilitate and expedite the delivery of significant housing supply. Relationship to Council Strategic Priorities The Planning Act, 1990, states that Council’s decision on any planning matter shall be consistent with the PPS, this includes the Region’s ongoing planning initiatives, including background studies associated to the new Niagara Official Plan. The new Niagara Official Plan will provide a comprehensive policy direction on matters relating to growth management (i.e. housing, affordability); sustainability (i.e. natural environment, climate change); vibrancy (i.e. urban design, secondary / district plans); competitiveness (i.e. employment, agriculture, aggregates); and connectedness (i.e. transportation, infrastructure). Policies of the new PPS will be reflected in background studies being undertaken to inform and draft the new Niagara Official Plan policy framework. As such, changes to the PPS will influence the following Strategic Priorities: Business and Economic Growth; Healthy and Vibrant Community; and Responsible Growth and Infrastructure Planning. Other Pertinent Reports CWCD 289-2019 PDS 31-2019 CWCD 384-2019 CWCD 70-2020 Page 159 of 374 PDS 22-2020 May 13, 2020 Page 8 ______________________________________________________________________ ________________________________ Prepared by: Alexander Morrison, MCIP, RPP Planner Planning and Development Services _______________________________ Recommended by: Rino Mostacci, MCIP, RPP Commissioner Planning and Development Services ________________________________ Submitted by: Ron Tripp, P.Eng. Acting Chief Administrative Officer This report was prepared in consultation with Isaiah Banach, Manager of Long Range Planning, and reviewed by Doug Giles, Director of Community and Long Range Planning. Appendices Appendix 1 Provincial Policy Statement, 2020 Appendix 2 Provincial Policy Statement (PPS): Blackline Comparison between PPS, 2014 and PPS, 2020 Page 160 of 374 Provincial Policy Statement, 2020 Under the Planning Act ontario.ca/PPS PDS 22-2020 Appendix 1 May 13, 2020 Page 9 Page 161 of 374 PROVINCIAL POLICY STATEMENT, 2020 Approved by the Lieutenant Governor in Council, Order in Council No. 229/2020 This Provincial Policy Statement was issued under section 3 of the Planning Act and came into effect May 1, 2020. It replaces the Provincial Policy Statement issued April 30, 2014. PDS 22-2020 Appendix 1 May 13, 2020 Page 10 Page 162 of 374 Table of Contents PART I: PREAMBLE 1 PART II: LEGISLATIVE AUTHORITY 2 PART III: HOW TO READ THE PROVINCIAL POLICY STATEMENT 2 PART IV: VISION FOR ONTARIO’S LAND USE PLANNING SYSTEM 5 PART V: POLICIES 7 1.0 BUILDING STRONG HEALTHY COMMUNITIES 7 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns 7 Settlement Areas 8 Rural Areas in Municipalities 10 Rural Lands in Municipalities 11 Territory Without Municipal Organization 12 1.2 Coordination 12 Land Use Compatibility 14 1.3 Employment 14 Employment Areas 15 1.4 Housing 16 1.5 Public Spaces, Recreation, Parks, Trails and Open Space 17 1.6 Infrastructure and Public Service Facilities 17 Sewage, Water and Stormwater 18 Transportation Systems 20 Transportation and Infrastructure Corridors 20 Airports, Rail and Marine Facilities 21 Waste Management 21 Energy Supply 22 1.7 Long-Term Economic Prosperity 22 1.8 Energy Conservation, Air Quality and Climate Change 22 2.0 WISE USE AND MANAGEMENT OF RESOURCES 24 2.1 Natural Heritage 24 2.2 Water 25 2.3 Agriculture 26 2.4 Minerals and Petroleum 28 2.5 Mineral Aggregate Resources 29 2.6 Cultural Heritage and Archaeology 31 3.0 PROTECTING PUBLIC HEALTH AND SAFETY 32 3.1 Natural Hazards 32 3.2 Human-Made Hazards 34 4.0 IMPLEMENTATION AND INTERPRETATION 35 5.0 FIGURE 1 37 6.0 DEFINITIONS 40 PDS 22-2020 Appendix 1 May 13, 2020 Page 11 Page 163 of 374 Part I: Preamble The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. As a key part of Ontario’s policy-led planning system, the Provincial Policy Statement sets the policy foundation for regulating the development and use of land. It also supports the provincial goal to enhance the quality of life for all Ontarians. The Provincial Policy Statement provides for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment. The Provincial Policy Statement supports improved land use planning and management, which contributes to a more effective and efficient land use planning system. The policies of the Provincial Policy Statement may be complemented by provincial plans or by locally-generated policies regarding matters of municipal interest. Provincial plans and municipal official plans provide a framework for comprehensive, integrated, place-based and long-term planning that supports and integrates the principles of strong communities, a clean and healthy environment and economic growth, for the long term. Municipal official plans are the most important vehicle for implementation of this Provincial Policy Statement and for achieving comprehensive, integrated and long-term planning. Official plans shall identify provincial interests and set out appropriate land use designations and policies. Official plans should also coordinate cross-boundary matters to complement the actions of other planning authorities and promote mutually beneficial solutions. Official plans shall provide clear, reasonable and attainable policies to protect provincial interests and direct development to suitable areas. In order to protect provincial interests, planning authorities shall keep their official plans up-to-date with this Provincial Policy Statement. Zoning and development permit by-laws are also important for implementation of this Provincial Policy Statement. Planning authorities shall keep their zoning and development permit by-laws up-to-date with their official plans and this Provincial Policy Statement. Land use planning is only one of the tools for implementing provincial interests. A wide range of legislation, regulations, policies and programs may apply to decisions with respect to Planning Act applications and affect planning matters, and assist in implementing these interests. Within the Great Lakes – St. Lawrence River Basin, there may be circumstances where planning authorities should consider agreements related to the protection or restoration of the Great Lakes – St. Lawrence River Basin. Examples of these agreements include Great Lakes agreements between Ontario and Canada, between Ontario and Quebec and the Great Lakes States of the United States of America, and between Canada and the United States of America. PDS 22-2020 Appendix 1 May 13, 2020 Page 12 Page 164 of 374 Part II: Legislative Authority The Provincial Policy Statement is issued under the authority of section 3 of the Planning Act and came into effect on May 1, 2020. In respect of the exercise of any authority that affects a planning matter, section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government “shall be consistent with” this Provincial Policy Statement. Part III: How to Read the Provincial Policy Statement The provincial policy-led planning system recognizes and addresses the complex inter- relationships among environmental, economic and social factors in land use planning. The Provincial Policy Statement supports a comprehensive, integrated and long-term approach to planning, and recognizes linkages among policy areas. Read the Entire Provincial Policy Statement The Provincial Policy Statement is more than a set of individual policies. It is to be read in its entirety and the relevant policies are to be applied to each situation. When more than one policy is relevant, a decision-maker should consider all of the relevant policies to understand how they work together. The language of each policy, including the Implementation and Interpretation policies, will assist decision-makers in understanding how the policies are to be implemented. While specific policies sometimes refer to other policies for ease of use, these cross-references do not take away from the need to read the Provincial Policy Statement as a whole. There is no implied priority in the order in which the policies appear. Consider Specific Policy Language When applying the Provincial Policy Statement it is important to consider the specific language of the policies. Each policy provides direction on how it is to be implemented, how it is situated within the broader Provincial Policy Statement, and how it relates to other policies. Some policies set out positive directives, such as “settlement areas shall be the focus of growth and development.” Other policies set out limitations and prohibitions, such as “development and site alteration shall not be permitted.” Other policies use enabling or supportive language, such as “should,” “promote” and “encourage.” PDS 22-2020 Appendix 1 May 13, 2020 Page 13 Page 165 of 374 The choice of language is intended to distinguish between the types of policies and the nature of implementation. There is some discretion when applying a policy with enabling or supportive language in contrast to a policy with a directive, limitation or prohibition. Geographic Scale of Policies The Provincial Policy Statement recognizes the diversity of Ontario and that local context is important. Policies are outcome-oriented, and some policies provide flexibility in their implementation provided that provincial interests are upheld. While the Provincial Policy Statement is to be read as a whole, not all policies will be applicable to every site, feature or area. The Provincial Policy Statement applies at a range of geographic scales. Some of the policies refer to specific areas or features and can only be applied where these features or areas exist. Other policies refer to planning objectives that need to be considered in the context of the municipality or planning area as a whole, and are not necessarily applicable to a specific site or development proposal. Policies Represent Minimum Standards The policies of the Provincial Policy Statement represent minimum standards. Within the framework of the provincial policy-led planning system, planning authorities and decision-makers may go beyond these minimum standards to address matters of importance to a specific community, unless doing so would conflict with any policy of the Provincial Policy Statement. Defined Terms and Meanings Except for references to legislation which are italicized, other italicized terms in the Provincial Policy Statement are defined in the Definitions section. For non-italicized terms, the normal meaning of the word applies. Terms may be italicized only in specific policies; for these terms, the defined meaning applies where they are italicized and the normal meaning applies where they are not italicized. Defined terms in the Definitions section are intended to capture both singular and plural forms of these terms in the policies. Guidance Material Guidance material and technical criteria may be issued from time to time to assist planning authorities and decision-makers with implementing the policies of the Provincial Policy Statement. Information, technical criteria and approaches outlined in guidance material are meant to support but not add to or detract from the policies of the Provincial Policy Statement. PDS 22-2020 Appendix 1 May 13, 2020 Page 14 Page 166 of 374 Relationship with Provincial Plans The Provincial Policy Statement provides overall policy directions on matters of provincial interest related to land use planning and development in Ontario, and applies province-wide, except where this policy statement or another provincial plan provides otherwise. Provincial plans, such as the Greenbelt Plan, A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Growth Plan for Northern Ontario, build upon the policy foundation provided by the Provincial Policy Statement. They provide additional land use planning policies to address issues facing specific geographic areas in Ontario. Provincial plans are to be read in conjunction with the Provincial Policy Statement. They take precedence over the policies of the Provincial Policy Statement to the extent of any conflict, except where the relevant legislation provides otherwise. Where the policies of provincial plans address the same, similar, related, or overlapping matters as the policies of the Provincial Policy Statement, applying the more specific policies of the provincial plan satisfies the more general requirements of the Provincial Policy Statement. In contrast, where matters addressed in the Provincial Policy Statement do not overlap with policies in provincial plans, the policies in the Provincial Policy Statement must be independently satisfied. Land use planning decisions made by municipalities, planning boards, the Province, or a commission or agency of the government must be consistent with the Provincial Policy Statement. Where provincial plans are in effect, planning decisions must conform or not conflict with them, as the case may be. PDS 22-2020 Appendix 1 May 13, 2020 Page 15 Page 167 of 374 Part IV: Vision for Ontario’s Land Use Planning System The long-term prosperity and social well-being of Ontario depends upon planning for strong, sustainable and resilient communities for people of all ages, a clean and healthy environment, and a strong and competitive economy. Ontario is a vast province with diverse urban, rural and northern communities which may face different challenges related to diversity in population, economic activity, pace of growth and physical and natural conditions. Some areas face challenges related to maintaining population and diversifying their economy, while other areas face challenges related to accommodating and managing the development and population growth which is occurring, while protecting important resources and the quality of the natural environment. The Province’s rich cultural diversity is one of its distinctive and defining features. Indigenous communities have a unique relationship with the land and its resources, which continues to shape the history and economy of the Province today. Ontario recognizes the unique role Indigenous communities have in land use planning and development, and the contribution of Indigenous communities’ perspectives and traditional knowledge to land use planning decisions. The Province recognizes the importance of consulting with Aboriginal communities on planning matters that may affect their section 35 Aboriginal or treaty rights. Planning authorities are encouraged to build constructive, cooperative relationships through meaningful engagement with Indigenous communities to facilitate knowledge-sharing in land use planning processes and inform decision-making. The Provincial Policy Statement focuses growth and development within urban and rural settlement areas while supporting the viability of rural areas. It recognizes that the wise management of land use change may involve directing, promoting or sustaining development. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. Planning authorities are encouraged to permit and facilitate a range of housing options, including new development as well as residential intensification, to respond to current and future needs. Efficient development patterns optimize the use of land, resources and public investment in infrastructure and public service facilities. These land use patterns promote a mix of housing, including affordable housing, employment, recreation, parks and open spaces, and transportation choices that increase the use of active transportation and transit before other modes of travel. They support the financial well-being of the Province and municipalities over the long term, and minimize the undesirable effects of development, including impacts on air, water and other resources. They also permit better adaptation and response to the impacts of a changing climate, which will vary from region to region. Strong, liveable and healthy communities promote and enhance human health and social well- being, are economically and environmentally sound, and are resilient to climate change. PDS 22-2020 Appendix 1 May 13, 2020 Page 16 Page 168 of 374 The Province’s natural heritage resources, water resources, including the Great Lakes, agricultural resources, mineral resources, and cultural heritage and archaeological resources provide important environmental, economic and social benefits. The wise use and management of these resources over the long term is a key provincial interest. The Province must ensure that its resources are managed in a sustainable way to conserve biodiversity, protect essential ecological processes and public health and safety, provide for the production of food and fibre, minimize environmental and social impacts, provide for recreational opportunities (e.g. fishing, hunting and hiking) and meet its long-term needs. It is equally important to protect the overall health and safety of the population, including preparing for the impacts of a changing climate. The Provincial Policy Statement directs development away from areas of natural and human-made hazards. This preventative approach supports provincial and municipal financial well-being over the long term, protects public health and safety, and minimizes cost, risk and social disruption. Taking action to conserve land and resources avoids the need for costly remedial measures to correct problems and supports economic and environmental principles. Strong communities, a clean and healthy environment and a strong economy are inextricably linked. Long-term prosperity, human and environmental health and social well-being should take precedence over short-term considerations. The fundamental principles set out in the Provincial Policy Statement apply throughout Ontario. To support our collective well-being, now and in the future, all land use must be well managed. PDS 22-2020 Appendix 1 May 13, 2020 Page 17 Page 169 of 374 Part V: Policies 1.0 Building Strong Healthy Communities Ontario is a vast province with urban, rural, and northern communities with diversity in population, economic activities, pace of growth, service levels and physical and natural conditions. Ontario's long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support sustainability by promoting strong, liveable, healthy and resilient communities, protecting the environment and public health and safety, and facilitating economic growth. Accordingly: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns 1.1.1 Healthy, liveable and safe communities are sustained by: a)promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b)accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e)promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs; f)improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g)ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h)promoting development and land use patterns that conserve biodiversity; and i) preparing for the regional and local impacts of a changing climate. PDS 22-2020 Appendix 1 May 13, 2020 Page 18 Page 170 of 374 1.1.2 1.1.3 Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years, informed by provincial guidelines. However, where an alternate time period has been established for specific areas of the Province as a result of a provincial planning exercise or a provincial plan, that time frame may be used for municipalities within the area. Within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas. Nothing in policy 1.1.2 limits the planning for infrastructure, public service facilities and employment areas beyond a 25-year time horizon. Settlement Areas Settlement areas are urban areas and rural settlement areas, and include cities, towns, villages and hamlets. Ontario’s settlement areas vary significantly in terms of size, density, population, economic activity, diversity and intensity of land uses, service levels, and types of infrastructure available. The vitality and regeneration of settlement areas is critical to the long-term economic prosperity of our communities. Development pressures and land use change will vary across Ontario. It is in the interest of all communities to use land and resources wisely, to promote efficient development patterns, protect resources, promote green spaces, ensure effective use of infrastructure and public service facilities and minimize unnecessary public expenditures. 1.1.3.1 Settlement areas shall be the focus of growth and development. 1.1.3.2 Land use patterns within settlement areas shall be based on densities and a mix of land uses which: a)efficiently use land and resources; b)are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; c)minimize negative impacts to air quality and climate change, and promote energy efficiency; d)prepare for the impacts of a changing climate; e)support active transportation; f)are transit-supportive, where transit is planned, exists or may be developed; and g)are freight-supportive. PDS 22-2020 Appendix 1 May 13, 2020 Page 19 Page 171 of 374 Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for transit-supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. 1.1.3.4 Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. 1.1.3.5 Planning authorities shall establish and implement minimum targets for intensification and redevelopment within built-up areas, based on local conditions. However, where provincial targets are established through provincial plans, the provincial target shall represent the minimum target for affected areas. 1.1.3.6 New development taking place in designated growth areas should occur adjacent to the existing built-up area and should have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities. 1.1.3.7 Planning authorities should establish and implement phasing policies to ensure: a)that specified targets for intensification and redevelopment are achieved prior to, or concurrent with, new development within designated growth areas; and b)the orderly progression of development within designated growth areas and the timely provision of the infrastructure and public service facilities required to meet current and projected needs. 1.1.3.8 A planning authority may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a comprehensive review and only where it has been demonstrated that: a)sufficient opportunities to accommodate growth and to satisfy market demand are not available through intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon; b) the infrastructure and public service facilities which are planned or available are suitable for the development over the long term, are financially viable over their life cycle, and protect public health and safety and the natural environment; c)in prime agricultural areas: 1.the lands do not comprise specialty crop areas; 2.alternative locations have been evaluated, and PDS 22-2020 Appendix 1 May 13, 2020 Page 20 Page 172 of 374 i. there are no reasonable alternatives which avoid prime agricultural areas; and ii. there are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas; d) the new or expanding settlement area is in compliance with the minimum distance separation formulae; and e) impacts from new or expanding settlement areas on agricultural operations which are adjacent or close to the settlement area are mitigated to the extent feasible. In undertaking a comprehensive review, the level of detail of the assessment should correspond with the complexity and scale of the settlement boundary expansion or development proposal. 1.1.3.9 Notwithstanding policy 1.1.3.8, municipalities may permit adjustments of settlement area boundaries outside a comprehensive review provided: a) there would be no net increase in land within the settlement areas; b) the adjustment would support the municipality’s ability to meet intensification and redevelopment targets established by the municipality; c) prime agricultural areas are addressed in accordance with 1.1.3.8 (c), (d) and (e); and d) the settlement area to which lands would be added is appropriately serviced and there is sufficient reserve infrastructure capacity to service the lands. 1.1.4 Rural Areas in Municipalities Rural areas are important to the economic success of the Province and our quality of life. Rural areas are a system of lands that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and other resource areas. Rural areas and urban areas are interdependent in terms of markets, resources and amenities. It is important to leverage rural assets and amenities and protect the environment as a foundation for a sustainable economy. Ontario’s rural areas have diverse population levels, natural resources, geographies and physical characteristics, and economies. Across rural Ontario, local circumstances vary by region. For example, northern Ontario’s natural environment and vast geography offer different opportunities than the predominately agricultural areas of southern regions of the Province. 1.1.4.1 Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; b) promoting regeneration, including the redevelopment of brownfield sites; c) accommodating an appropriate range and mix of housing in rural settlement areas; d) encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e) using rural infrastructure and public service facilities efficiently; PDS 22-2020 Appendix 1 May 13, 2020 Page 21 Page 173 of 374 f) promoting diversification of the economic base and employment opportunities through goods and services, including value-added products and the sustainable management or use of resources; g) providing opportunities for sustainable and diversified tourism, including leveraging historical, cultural, and natural assets; h) conserving biodiversity and considering the ecological benefits provided by nature; and i) providing opportunities for economic activities in prime agricultural areas, in accordance with policy 2.3. 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1.1.3, planning authorities shall give consideration to rural characteristics, the scale of development and the provision of appropriate service levels. 1.1.4.4 Growth and development may be directed to rural lands in accordance with policy 1.1.5, including where a municipality does not have a settlement area. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands, a planning authority shall apply the relevant policies of Section 1: Building Strong Healthy Communities, as well as the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities, permitted uses are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings); c) residential development, including lot creation, that is locally appropriate; d) agricultural uses, agriculture-related uses, on-farm diversified uses and normal farm practices, in accordance with provincial standards; e) home occupations and home industries; f) cemeteries; and g) other rural land uses. 1.1.5.3 Recreational, tourism and other economic opportunities should be promoted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. PDS 22-2020 Appendix 1 May 13, 2020 Page 22 Page 174 of 374 1.1.5.6 Opportunities should be retained to locate new or expanding land uses that require separation from other uses. 1.1.5.7 Opportunities to support a diversified rural economy should be promoted by protecting agricultural and other resource-related uses and directing non-related development to areas where it will minimize constraints on these uses. 1.1.5.8 New land uses, including the creation of lots, and new or expanding livestock facilities, shall comply with the minimum distance separation formulae. 1.1.6 Territory Without Municipal Organization 1.1.6.1 On rural lands located in territory without municipal organization, the focus of development activity shall be related to the sustainable management or use of resources and resource-based recreational uses (including recreational dwellings). 1.1.6.2 Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 1.1.6.3 The establishment of new permanent townsites shall not be permitted. 1.1.6.4 In areas adjacent to and surrounding municipalities, only development that is related to the sustainable management or use of resources and resource-based recreational uses (including recreational dwellings) shall be permitted. Other uses may only be permitted if: a) the area forms part of a planning area; b) the necessary infrastructure and public service facilities are planned or available to support the development and are financially viable over their life cycle; and c) it has been determined, as part of a comprehensive review, that the impacts of development will not place an undue strain on the public service facilities and infrastructure provided by adjacent municipalities, regions and/or the Province. 1.2 Coordination 1.2.1 A coordinated, integrated and comprehensive approach should be used when dealing with planning matters within municipalities, across lower, single and/or upper-tier municipal boundaries, and with other orders of government, agencies and boards including: a) managing and/or promoting growth and development that is integrated with infrastructure planning; b) economic development strategies; PDS 22-2020 Appendix 1 May 13, 2020 Page 23 Page 175 of 374 c) managing natural heritage, water, agricultural, mineral, and cultural heritage and archaeological resources; d) infrastructure, multimodal transportation systems, public service facilities and waste management systems; e) ecosystem, shoreline, watershed, and Great Lakes related issues; f) natural and human-made hazards; g) population, housing and employment projections, based on regional market areas; and h) addressing housing needs in accordance with provincial policy statements such as the Policy Statement: Service Manager Housing and Homelessness Plans. 1.2.2 Planning authorities shall engage with Indigenous communities and coordinate on land use planning matters. 1.2.3 Planning authorities should coordinate emergency management and other economic, environmental and social planning considerations to support efficient and resilient communities. 1.2.4 Where planning is conducted by an upper-tier municipality, the upper-tier municipality in consultation with lower-tier municipalities shall: a) identify and allocate population, housing and employment projections for lower-tier municipalities. Allocations and projections by upper-tier municipalities shall be based on and reflect provincial plans where these exist and informed by provincial guidelines; b) identify areas where growth or development will be directed, including the identification of nodes and the corridors linking these nodes; c) identify targets for intensification and redevelopment within all or any of the lower-tier municipalities, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy 1.1.3.8; d) where major transit corridors exist or are to be developed, identify density targets for areas adjacent or in proximity to these corridors and stations, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy 1.1.3.8; and e) provide policy direction for the lower-tier municipalities on matters that cross municipal boundaries. 1.2.5 Where there is no upper-tier municipality, planning authorities shall ensure that policy 1.2.4 is addressed as part of the planning process, and should coordinate these matters with adjacent planning authorities. PDS 22-2020 Appendix 1 May 13, 2020 Page 24 Page 176 of 374 1.2.6 Land Use Compatibility 1.2.6.1 Major facilities and sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures. 1.2.6.2 Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted if the following are demonstrated in accordance with provincial guidelines, standards and procedures: a) there is an identified need for the proposed use; b) alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations; c) adverse effects to the proposed sensitive land use are minimized and mitigated; and d) potential impacts to industrial, manufacturing or other uses are minimized and mitigated. 1.3 Employment 1.3.1 Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) facilitating the conditions for economic investment by identifying strategic sites for investment, monitoring the availability and suitability of employment sites, including market-ready sites, and seeking to address potential barriers to investment; d) encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities, with consideration of housing policy 1.4; and e) ensuring the necessary infrastructure is provided to support current and projected needs. PDS 22-2020 Appendix 1 May 13, 2020 Page 25 Page 177 of 374 1.3.2 Employment Areas 1.3.2.1 Planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs. 1.3.2.2 At the time of the official plan review or update, planning authorities should assess employment areas identified in local official plans to ensure that this designation is appropriate to the planned function of the employment area. Employment areas planned for industrial and manufacturing uses shall provide for separation or mitigation from sensitive land uses to maintain the long-term operational and economic viability of the planned uses and function of these areas. 1.3.2.3 Within employment areas planned for industrial or manufacturing uses, planning authorities shall prohibit residential uses and prohibit or limit other sensitive land uses that are not ancillary to the primary employment uses in order to maintain land use compatibility. Employment areas planned for industrial or manufacturing uses should include an appropriate transition to adjacent non-employment areas. 1.3.2.4 Planning authorities may permit conversion of lands within employment areas to non-employment uses through a comprehensive review, only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion. 1.3.2.5 Notwithstanding policy 1.3.2.4, and until the official plan review or update in policy 1.3.2.4 is undertaken and completed, lands within existing employment areas may be converted to a designation that permits non-employment uses provided the area has not been identified as provincially significant through a provincial plan exercise or as regionally significant by a regional economic development corporation working together with affected upper and single-tier municipalities and subject to the following: a) there is an identified need for the conversion and the land is not required for employment purposes over the long term; b) the proposed uses would not adversely affect the overall viability of the employment area; and c) existing or planned infrastructure and public service facilities are available to accommodate the proposed uses. 1.3.2.6 Planning authorities shall protect employment areas in proximity to major goods movement facilities and corridors for employment uses that require those locations. 1.3.2.7 Planning authorities may plan beyond 25 years for the long-term protection of employment areas provided lands are not designated beyond the planning horizon identified in policy 1.1.2. PDS 22-2020 Appendix 1 May 13, 2020 Page 26 Page 178 of 374 1.4 Housing 1.4.1 To provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: a) maintain at all times the ability to accommodate residential growth for a minimum of 15 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and b) maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. Upper-tier and single-tier municipalities may choose to maintain land with servicing capacity sufficient to provide at least a five-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. 1.4.2 Where planning is conducted by an upper-tier municipality: a) the land and unit supply maintained by the lower-tier municipality identified in policy 1.4.1 shall be based on and reflect the allocation of population and units by the upper-tier municipality; and b) the allocation of population and units by the upper-tier municipality shall be based on and reflect provincial plans where these exist. 1.4.3 Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households and which aligns with applicable housing and homelessness plans. However, where planning is conducted by an upper-tier municipality, the upper-tier municipality in consultation with the lower-tier municipalities may identify a higher target(s) which shall represent the minimum target(s) for these lower-tier municipalities; b) permitting and facilitating: 1. all housing options required to meet the social, health, economic and well-being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities; and 2. all types of residential intensification, including additional residential units, and redevelopment in accordance with policy 1.1.3.3; PDS 22-2020 Appendix 1 May 13, 2020 Page 27 Page 179 of 374 c) directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; e) requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations; and f) establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. 1.5 Public Spaces, Recreation, Parks, Trails and Open Space 1.5.1 Healthy, active communities should be promoted by: a) planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity; b) planning and providing for a full range and equitable distribution of publicly- accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water-based resources; c) providing opportunities for public access to shorelines; and d) recognizing provincial parks, conservation reserves, and other protected areas, and minimizing negative impacts on these areas. 1.6 Infrastructure and Public Service Facilities 1.6.1 Infrastructure and public service facilities shall be provided in an efficient manner that prepares for the impacts of a changing climate while accommodating projected needs. Planning for infrastructure and public service facilities shall be coordinated and integrated with land use planning and growth management so that they are: a) financially viable over their life cycle, which may be demonstrated through asset management planning; and b) available to meet current and projected needs. 1.6.2 Planning authorities should promote green infrastructure to complement infrastructure. PDS 22-2020 Appendix 1 May 13, 2020 Page 28 Page 180 of 374 1.6.3 Before consideration is given to developing new infrastructure and public service facilities: a) the use of existing infrastructure and public service facilities should be optimized; and b) opportunities for adaptive re-use should be considered, wherever feasible. 1.6.4 Infrastructure and public service facilities should be strategically located to support the effective and efficient delivery of emergency management services, and to ensure the protection of public health and safety in accordance with the policies in Section 3.0: Protecting Public Health and Safety. 1.6.5 Public service facilities should be co-located in community hubs, where appropriate, to promote cost-effectiveness and facilitate service integration, access to transit and active transportation. 1.6.6 Sewage, Water and Stormwater 1.6.6.1 Planning for sewage and water services shall: a) accommodate forecasted growth in a manner that promotes the efficient use and optimization of existing: 1. municipal sewage services and municipal water services; and 2. private communal sewage services and private communal water services, where municipal sewage services and municipal water services are not available or feasible; b) ensure that these systems are provided in a manner that: 1. can be sustained by the water resources upon which such services rely; 2. prepares for the impacts of a changing climate; 3. is feasible and financially viable over their lifecycle; and 4. protects human health and safety, and the natural environment; c) promote water conservation and water use efficiency; d) integrate servicing and land use considerations at all stages of the planning process; and e) be in accordance with the servicing hierarchy outlined through policies 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5. For clarity, where municipal sewage services and municipal water services are not available, planned or feasible, planning authorities have the ability to consider the use of the servicing options set out through policies 1.6.6.3, 1.6.6.4, and 1.6.6.5 provided that the specified conditions are met. 1.6.6.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas to support protection of the environment and minimize potential risks to human health and safety. Within settlement areas with existing municipal sewage services and municipal water services, intensification and redevelopment shall be promoted wherever feasible to optimize the use of the services. PDS 22-2020 Appendix 1 May 13, 2020 Page 29 Page 181 of 374 1.6.6.3 Where municipal sewage services and municipal water services are not available, planned or feasible, private communal sewage services and private communal water services are the preferred form of servicing for multi-unit/lot development to support protection of the environment and minimize potential risks to human health and safety. 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not available, planned or feasible, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, individual on-site sewage services and individual on-site water services may be used for infilling and minor rounding out of existing development. At the time of the official plan review or update, planning authorities should assess the long-term impacts of individual on-site sewage services and individual on-site water services on the environmental health and the character of rural settlement areas. Where planning is conducted by an upper-tier municipality, the upper-tier municipality should work with lower-tier municipalities at the time of the official plan review or update to assess the long-term impacts of individual on-site sewage services and individual on-site water services on the environmental health and the desired character of rural settlement areas and the feasibility of other forms of servicing set out in policies 1.6.6.2 and 1.6.6.3. 1.6.6.5 Partial services shall only be permitted in the following circumstances: a) where they are necessary to address failed individual on-site sewage services and individual on-site water services in existing development; or b) within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. Where partial services have been provided to address failed services in accordance with subsection (a), infilling on existing lots of record in rural areas in municipalities may be permitted where this would represent a logical and financially viable connection to the existing partial service and provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In accordance with subsection (a), the extension of partial services into rural areas is only permitted to address failed individual on-site sewage and individual on-site water services for existing development. 1.6.6.6 Subject to the hierarchy of services provided in policies 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5, planning authorities may allow lot creation only if there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services or private communal sewage services and private communal water services. The determination of PDS 22-2020 Appendix 1 May 13, 2020 Page 30 Page 182 of 374 sufficient reserve sewage system capacity shall include treatment capacity for hauled sewage from private communal sewage services and individual on-site sewage services. 1.6.6.7 Planning for stormwater management shall: a) be integrated with planning for sewage and water services and ensure that systems are optimized, feasible and financially viable over the long term; b) minimize, or, where possible, prevent increases in contaminant loads; c) minimize erosion and changes in water balance, and prepare for the impacts of a changing climate through the effective management of stormwater, including the use of green infrastructure; d) mitigate risks to human health, safety, property and the environment; e) maximize the extent and function of vegetative and pervious surfaces; and f) promote stormwater management best practices, including stormwater attenuation and re-use, water conservation and efficiency, and low impact development. 1.6.7 Transportation Systems 1.6.7.1 Transportation systems should be provided which are safe, energy efficient, facilitate the movement of people and goods, and are appropriate to address projected needs. 1.6.7.2 Efficient use should be made of existing and planned infrastructure, including through the use of transportation demand management strategies, where feasible. 1.6.7.3 As part of a multimodal transportation system, connectivity within and among transportation systems and modes should be maintained and, where possible, improved including connections which cross jurisdictional boundaries. 1.6.7.4 A land use pattern, density and mix of uses should be promoted that minimize the length and number of vehicle trips and support current and future use of transit and active transportation. 1.6.8 Transportation and Infrastructure Corridors 1.6.8.1 Planning authorities shall plan for and protect corridors and rights-of-way for infrastructure, including transportation, transit and electricity generation facilities and transmission systems to meet current and projected needs. 1.6.8.2 Major goods movement facilities and corridors shall be protected for the long term. 1.6.8.3 Planning authorities shall not permit development in planned corridors that could preclude or negatively affect the use of the corridor for the purpose(s) for which it was identified. PDS 22-2020 Appendix 1 May 13, 2020 Page 31 Page 183 of 374 New development proposed on adjacent lands to existing or planned corridors and transportation facilities should be compatible with, and supportive of, the long-term purposes of the corridor and should be designed to avoid, mitigate or minimize negative impacts on and from the corridor and transportation facilities. 1.6.8.4 The preservation and reuse of abandoned corridors for purposes that maintain the corridor’s integrity and continuous linear characteristics should be encouraged, wherever feasible. 1.6.8.5 The co-location of linear infrastructure should be promoted, where appropriate. 1.6.8.6 When planning for corridors and rights-of-way for significant transportation, electricity transmission, and infrastructure facilities, consideration will be given to the significant resources in Section 2: Wise Use and Management of Resources. 1.6.9 Airports, Rail and Marine Facilities 1.6.9.1 Planning for land uses in the vicinity of airports, rail facilities and marine facilities shall be undertaken so that: a) their long-term operation and economic role is protected; and b) airports, rail facilities and marine facilities and sensitive land uses are appropriately designed, buffered and/or separated from each other, in accordance with policy 1.2.6. 1.6.9.2 Airports shall be protected from incompatible land uses and development by: a) prohibiting new residential development and other sensitive land uses in areas near airports above 30 NEF/NEP; b) considering redevelopment of existing residential uses and other sensitive land uses or infilling of residential and other sensitive land uses in areas above 30 NEF/NEP only if it has been demonstrated that there will be no negative impacts on the long-term function of the airport; and c) discouraging land uses which may cause a potential aviation safety hazard. 1.6.10 Waste Management 1.6.10.1 Waste management systems need to be provided that are of an appropriate size and type to accommodate present and future requirements, and facilitate, encourage and promote reduction, reuse and recycling objectives. Waste management systems shall be located and designed in accordance with provincial legislation and standards. PDS 22-2020 Appendix 1 May 13, 2020 Page 32 Page 184 of 374 1.6.11 Energy Supply 1.6.11.1 Planning authorities should provide opportunities for the development of energy supply including electricity generation facilities and transmission and distribution systems, district energy, and renewable energy systems and alternative energy systems, to accommodate current and projected needs. 1.7 Long-Term Economic Prosperity 1.7.1 Long-term economic prosperity should be supported by: a) promoting opportunities for economic development and community investment-readiness; b) encouraging residential uses to respond to dynamic market-based needs and provide necessary housing supply and range of housing options for a diverse workforce; c) optimizing the long-term availability and use of land, resources, infrastructure and public service facilities; d) maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets; e) encouraging a sense of place, by promoting well-designed built form and cultural planning, and by conserving features that help define character, including built heritage resources and cultural heritage landscapes; f) promoting the redevelopment of brownfield sites; g) providing for an efficient, cost-effective, reliable multimodal transportation system that is integrated with adjacent systems and those of other jurisdictions, and is appropriate to address projected needs to support the movement of goods and people; h) providing opportunities for sustainable tourism development; i) sustaining and enhancing the viability of the agricultural system through protecting agricultural resources, minimizing land use conflicts, providing opportunities to support local food, and maintaining and improving the agri- food network; j) promoting energy conservation and providing opportunities for increased energy supply; k) minimizing negative impacts from a changing climate and considering the ecological benefits provided by nature; and l) encouraging efficient and coordinated communications and telecommunications infrastructure. 1.8 Energy Conservation, Air Quality and Climate Change 1.8.1 Planning authorities shall support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and preparing for the impacts of a changing climate through land use and development patterns which: PDS 22-2020 Appendix 1 May 13, 2020 Page 33 Page 185 of 374 a) promote compact form and a structure of nodes and corridors; b) promote the use of active transportation and transit in and between residential, employment (including commercial and industrial) and institutional uses and other areas; c) focus major employment, commercial and other travel-intensive land uses on sites which are well served by transit where this exists or is to be developed, or designing these to facilitate the establishment of transit in the future; d) focus freight-intensive land uses to areas well served by major highways, airports, rail facilities and marine facilities; e) encourage transit-supportive development and intensification to improve the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion; f) promote design and orientation which maximizes energy efficiency and conservation, and considers the mitigating effects of vegetation and green infrastructure; and g) maximize vegetation within settlement areas, where feasible. PDS 22-2020 Appendix 1 May 13, 2020 Page 34 Page 186 of 374 2.0 Wise Use and Management of Resources Ontario's long-term prosperity, environmental health, and social well-being depend on conserving biodiversity, protecting the health of the Great Lakes, and protecting natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Accordingly: 2.1 Natural Heritage 2.1.1 Natural features and areas shall be protected for the long term. 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E & 7E1, recognizing that natural heritage systems will vary in size and form in settlement areas, rural areas, and prime agricultural areas. 2.1.4 Development and site alteration shall not be permitted in: a) significant wetlands in Ecoregions 5E, 6E and 7E1; and b) significant coastal wetlands. 2.1.5 Development and site alteration shall not be permitted in: a) significant wetlands in the Canadian Shield north of Ecoregions 5E, 6E and 7E1; b) significant woodlands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River)1; c) significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River)1; d) significant wildlife habitat; e) significant areas of natural and scientific interest; and f) coastal wetlands in Ecoregions 5E, 6E and 7E1 that are not subject to policy 2.1.4(b) unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. 1 Ecoregions 5E, 6E and 7E are shown on Figure 1. PDS 22-2020 Appendix 1 May 13, 2020 Page 35 Page 187 of 374 2.1.6 Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements. 2.1.7 Development and site alteration shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements. 2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5, and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 2.1.9 Nothing in policy 2.1 is intended to limit the ability of agricultural uses to continue. 2.2 Water 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water by: a) using the watershed as the ecologically meaningful scale for integrated and long-term planning, which can be a foundation for considering cumulative impacts of development; b) minimizing potential negative impacts, including cross-jurisdictional and cross-watershed impacts; c) evaluating and preparing for the impacts of a changing climate to water resource systems at the watershed level; d) identifying water resource systems consisting of ground water features, hydrologic functions, natural heritage features and areas, and surface water features including shoreline areas, which are necessary for the ecological and hydrological integrity of the watershed; e) maintaining linkages and related functions among ground water features, hydrologic functions, natural heritage features and areas, and surface water features including shoreline areas; f) implementing necessary restrictions on development and site alteration to: 1. protect all municipal drinking water supplies and designated vulnerable areas; and 2. protect, improve or restore vulnerable surface and ground water, sensitive surface water features and sensitive ground water features, and their hydrologic functions; g) planning for efficient and sustainable use of water resources, through practices for water conservation and sustaining water quality; h) ensuring consideration of environmental lake capacity, where applicable; and i) ensuring stormwater management practices minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces. PDS 22-2020 Appendix 1 May 13, 2020 Page 36 Page 188 of 374 2.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. Mitigative measures and/or alternative development approaches may be required in order to protect, improve or restore sensitive surface water features, sensitive ground water features, and their hydrologic functions. 2.3 Agriculture 2.3.1 Prime agricultural areas shall be protected for long-term use for agriculture. Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall be given the highest priority for protection, followed by Canada Land Inventory Class 1, 2, and 3 lands, and any associated Class 4 through 7 lands within the prime agricultural area, in this order of priority. 2.3.2 Planning authorities shall designate prime agricultural areas and specialty crop areas in accordance with guidelines developed by the Province, as amended from time to time. Planning authorities are encouraged to use an agricultural system approach to maintain and enhance the geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network. 2.3.3 Permitted Uses 2.3.3.1 In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture-related uses and on-farm diversified uses. Proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 2.3.3.2 In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 2.3.3.3 New land uses in prime agricultural areas, including the creation of lots and new or expanding livestock facilities, shall comply with the minimum distance separation formulae. PDS 22-2020 Appendix 1 May 13, 2020 Page 37 Page 189 of 374 2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c) a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with policy 2.3.4.1(c). 2.3.5 Removal of Land from Prime Agricultural Areas 2.3.5.1 Planning authorities may only exclude land from prime agricultural areas for expansions of or identification of settlement areas in accordance with policy 1.1.3.8. 2.3.6 Non-Agricultural Uses in Prime Agricultural Areas 2.3.6.1 Planning authorities may only permit non-agricultural uses in prime agricultural areas for: a) extraction of minerals, petroleum resources and mineral aggregate resources; or b) limited non-residential uses, provided that all of the following are demonstrated: PDS 22-2020 Appendix 1 May 13, 2020 Page 38 Page 190 of 374 1. the land does not comprise a specialty crop area; 2. the proposed use complies with the minimum distance separation formulae; 3. there is an identified need within the planning horizon provided for in policy 1.1.2 for additional land to accommodate the proposed use; and 4. alternative locations have been evaluated, and i. there are no reasonable alternative locations which avoid prime agricultural areas; and ii. there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 2.3.6.2 Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands are to be mitigated to the extent feasible. 2.4 Minerals and Petroleum 2.4.1 Minerals and petroleum resources shall be protected for long-term use. 2.4.2 Protection of Long-Term Resource Supply 2.4.2.1 Mineral mining operations and petroleum resource operations shall be identified and protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. 2.4.2.2 Known mineral deposits, known petroleum resources and significant areas of mineral potential shall be identified and development and activities in these resources or on adjacent lands which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if: a) resource use would not be feasible; or b) the proposed land use or development serves a greater long-term public interest; and c) issues of public health, public safety and environmental impact are addressed. 2.4.3 Rehabilitation 2.4.3.1 Rehabilitation to accommodate subsequent land uses shall be required after extraction and other related activities have ceased. Progressive rehabilitation should be undertaken wherever feasible. PDS 22-2020 Appendix 1 May 13, 2020 Page 39 Page 191 of 374 2.4.4 Extraction in Prime Agricultural Areas 2.4.4.1 Extraction of minerals and petroleum resources is permitted in prime agricultural areas provided that the site will be rehabilitated. 2.5 Mineral Aggregate Resources 2.5.1 Mineral aggregate resources shall be protected for long-term use and, where provincial information is available, deposits of mineral aggregate resources shall be identified. 2.5.2 Protection of Long-Term Resource Supply 2.5.2.1 As much of the mineral aggregate resources as is realistically possible shall be made available as close to markets as possible. Demonstration of need for mineral aggregate resources, including any type of supply/demand analysis, shall not be required, notwithstanding the availability, designation or licensing for extraction of mineral aggregate resources locally or elsewhere. 2.5.2.2 Extraction shall be undertaken in a manner which minimizes social, economic and environmental impacts. 2.5.2.3 Mineral aggregate resource conservation shall be undertaken, including through the use of accessory aggregate recycling facilities within operations, wherever feasible. 2.5.2.4 Mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. Existing mineral aggregate operations shall be permitted to continue without the need for official plan amendment, rezoning or development permit under the Planning Act. Where the Aggregate Resources Act applies, only processes under the Aggregate Resources Act shall address the depth of extraction of new or existing mineral aggregate operations. When a license for extraction or operation ceases to exist, policy 2.5.2.5 continues to apply. 2.5.2.5 In known deposits of mineral aggregate resources and on adjacent lands, development and activities which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if: a) resource use would not be feasible; or b) the proposed land use or development serves a greater long-term public interest; and c) issues of public health, public safety and environmental impact are addressed. PDS 22-2020 Appendix 1 May 13, 2020 Page 40 Page 192 of 374 2.5.3 Rehabilitation 2.5.3.1 Progressive and final rehabilitation shall be required to accommodate subsequent land uses, to promote land use compatibility, to recognize the interim nature of extraction, and to mitigate negative impacts to the extent possible. Final rehabilitation shall take surrounding land use and approved land use designations into consideration. 2.5.3.2 Comprehensive rehabilitation planning is encouraged where there is a concentration of mineral aggregate operations. 2.5.3.3 In parts of the Province not designated under the Aggregate Resources Act, rehabilitation standards that are compatible with those under the Act should be adopted for extraction operations on private lands. 2.5.4 Extraction in Prime Agricultural Areas 2.5.4.1 In prime agricultural areas, on prime agricultural land, extraction of mineral aggregate resources is permitted as an interim use provided that the site will be rehabilitated back to an agricultural condition. Complete rehabilitation to an agricultural condition is not required if: a) outside of a specialty crop area, there is a substantial quantity of mineral aggregate resources below the water table warranting extraction, or the depth of planned extraction in a quarry makes restoration of pre-extraction agricultural capability unfeasible; b) in a specialty crop area, there is a substantial quantity of high quality mineral aggregate resources below the water table warranting extraction, and the depth of planned extraction makes restoration of pre-extraction agricultural capability unfeasible; c) other alternatives have been considered by the applicant and found unsuitable. The consideration of other alternatives shall include resources in areas of Canada Land Inventory Class 4 through 7 lands, resources on lands identified as designated growth areas, and resources on prime agricultural lands where rehabilitation is feasible. Where no other alternatives are found, prime agricultural lands shall be protected in this order of priority: specialty crop areas, Canada Land Inventory Class 1, 2 and 3 lands; and d) agricultural rehabilitation in remaining areas is maximized. 2.5.5 Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete Plants 2.5.5.1 Wayside pits and quarries, portable asphalt plants and portable concrete plants used on public authority contracts shall be permitted, without the need for an official plan PDS 22-2020 Appendix 1 May 13, 2020 Page 41 Page 193 of 374 amendment, rezoning, or development permit under the Planning Act in all areas, except those areas of existing development or particular environmental sensitivity which have been determined to be incompatible with extraction and associated activities. 2.6 Cultural Heritage and Archaeology 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. 2.6.2 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. 2.6.3 Planning authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. 2.6.4 Planning authorities should consider and promote archaeological management plans and cultural plans in conserving cultural heritage and archaeological resources. 2.6.5 Planning authorities shall engage with Indigenous communities and consider their interests when identifying, protecting and managing cultural heritage and archaeological resources. PDS 22-2020 Appendix 1 May 13, 2020 Page 42 Page 194 of 374 3.0 Protecting Public Health and Safety Ontario's long-term prosperity, environmental health and social well-being depend on reducing the potential for public cost or risk to Ontario’s residents from natural or human-made hazards. Development shall be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage, and not create new or aggravate existing hazards. Mitigating potential risk to public health or safety or of property damage from natural hazards, including the risks that may be associated with the impacts of a changing climate, will require the Province, planning authorities, and conservation authorities to work together. Accordingly: 3.1 Natural Hazards 3.1.1 Development shall generally be directed, in accordance with guidance developed by the Province (as amended from time to time), to areas outside of: a) hazardous lands adjacent to the shorelines of the Great Lakes - St. Lawrence River System and large inland lakes which are impacted by flooding hazards, erosion hazards and/or dynamic beach hazards; b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards; and c) hazardous sites. 3.1.2 Development and site alteration shall not be permitted within: a) the dynamic beach hazard; b) defined portions of the flooding hazard along connecting channels (the St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers); c) areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard; and d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. 3.1.3 Planning authorities shall prepare for the impacts of a changing climate that may increase the risk associated with natural hazards. 3.1.4 Despite policy 3.1.2, development and site alteration may be permitted in certain areas associated with the flooding hazard along river, stream and small inland lake systems: PDS 22-2020 Appendix 1 May 13, 2020 Page 43 Page 195 of 374 a) in those exceptional situations where a Special Policy Area has been approved. The designation of a Special Policy Area, and any change or modification to the official plan policies, land use designations or boundaries applying to Special Policy Area lands, must be approved by the Ministers of Municipal Affairs and Housing and Natural Resources and Forestry prior to the approval authority approving such changes or modifications; or b) where the development is limited to uses which by their nature must locate within the floodway, including flood and/or erosion control works or minor additions or passive non-structural uses which do not affect flood flows. 3.1.5 Development shall not be permitted to locate in hazardous lands and hazardous sites where the use is: a) an institutional use including hospitals, long-term care homes, retirement homes, pre-schools, school nurseries, day cares and schools; b) an essential emergency service such as that provided by fire, police and ambulance stations and electrical substations; or c) uses associated with the disposal, manufacture, treatment or storage of hazardous substances. 3.1.6 Where the two zone concept for flood plains is applied, development and site alteration may be permitted in the flood fringe, subject to appropriate floodproofing to the flooding hazard elevation or another flooding hazard standard approved by the Minister of Natural Resources and Forestry. 3.1.7 Further to policy 3.1.6, and except as prohibited in policies 3.1.2 and 3.1.5, development and site alteration may be permitted in those portions of hazardous lands and hazardous sites where the effects and risk to public safety are minor, could be mitigated in accordance with provincial standards, and where all of the following are demonstrated and achieved: a) development and site alteration is carried out in accordance with floodproofing standards, protection works standards, and access standards; b) vehicles and people have a way of safely entering and exiting the area during times of flooding, erosion and other emergencies; c) new hazards are not created and existing hazards are not aggravated; and d) no adverse environmental impacts will result. 3.1.8 Development shall generally be directed to areas outside of lands that are unsafe for development due to the presence of hazardous forest types for wildland fire. Development may however be permitted in lands with hazardous forest types for wildland fire where the risk is mitigated in accordance with wildland fire assessment and mitigation standards. PDS 22-2020 Appendix 1 May 13, 2020 Page 44 Page 196 of 374 3.2 Human-Made Hazards 3.2.1 Development on, abutting or adjacent to lands affected by mine hazards; oil, gas and salt hazards; or former mineral mining operations, mineral aggregate operations or petroleum resource operations may be permitted only if rehabilitation or other measures to address and mitigate known or suspected hazards are under way or have been completed. 3.2.2 Sites with contaminants in land or water shall be assessed and remediated as necessary prior to any activity on the site associated with the proposed use such that there will be no adverse effects. 3.2.3 Planning authorities should support, where feasible, on-site and local re-use of excess soil through planning and development approvals while protecting human health and the environment. PDS 22-2020 Appendix 1 May 13, 2020 Page 45 Page 197 of 374 4.0 Implementation and Interpretation 4.1 This Provincial Policy Statement applies to all decisions in respect of the exercise of any authority that affects a planning matter made on or after May 1, 2020. 4.2 This Provincial Policy Statement shall be read in its entirety and all relevant policies are to be applied to each situation. 4.3 This Provincial Policy Statement shall be implemented in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982. 4.4 This Provincial Policy Statement shall be implemented in a manner that is consistent with Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms. 4.5 In implementing the Provincial Policy Statement, the Minister of Municipal Affairs and Housing may take into account other considerations when making decisions to support strong communities, a clean and healthy environment and the economic vitality of the Province. 4.6 The official plan is the most important vehicle for implementation of this Provincial Policy Statement. Comprehensive, integrated and long-term planning is best achieved through official plans. Official plans shall identify provincial interests and set out appropriate land use designations and policies. To determine the significance of some natural heritage features and other resources, evaluation may be required. In order to protect provincial interests, planning authorities shall keep their official plans up-to-date with this Provincial Policy Statement. The policies of this Provincial Policy Statement continue to apply after adoption and approval of an official plan. 4.7 In addition to land use approvals under the Planning Act, infrastructure may also require approval under other legislation and regulations. An environmental assessment process may be required for new infrastructure and modifications to existing infrastructure under applicable legislation. Wherever possible and practical, approvals under the Planning Act and other legislation or regulations should be integrated provided the intent and requirements of both processes are met. 4.8 The Province, in consultation with municipalities, Indigenous communities, other public bodies and stakeholders shall identify performance indicators for measuring the effectiveness of some or all of the policies. The Province shall monitor their implementation, including reviewing performance indicators concurrent with any review of this Provincial Policy Statement. PDS 22-2020 Appendix 1 May 13, 2020 Page 46 Page 198 of 374 4.9 Municipalities are encouraged to monitor and report on the implementation of the policies in their official plans, in accordance with any reporting requirements, data standards and any other guidelines that may be issued by the Minister. 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DA S SOU THDUN DA S SOU THSTOR M ON T SOU THGL EN GA RR Y NO RTH EASTE RNMA NITO ULIN AN DTHE ISLA ND S EVAN TUR EL HAR RIS !!!!!!!!!!!!!!!!!! !!!!!KENORA COCHRANE THUNDER BAY ALGOMA SUDBURY NIPISSING RAINY RIVER TEMISKAMING GREY PARRY SOUND HURON RENFREW BRUCE SIMCOE HASTINGS MUSKOKA LANARK HALIBURTON PERTH ELGIN YORK DURHAM LAMBTON FRONTENAC ESSEX MIDDLESEX PETERBOROUGH PEEL OXFORD NIAGARA MANITOULIN LEEDS AND GRENVILLE DUFFERIN WATERLOO HALTON L E N NO X A N D A D D I N G TO N NORTHUMBERLAND PRESCOTT AND RUSSELL WELLINGTON STOR M O N T, D U N D A S AND GL E N G A R R Y Figure 1. Natural Heritage Protection Line !!Northern limit of Ecoregions* 5E, 6E and 7E for the purposes of policies under 2.1 Notes: * "Crins, W.J. 2002. Ecozones, Ecoregions, and Ecodistricts of Ontario. Ontario Ministry of Natural Resources. Prepared for Ecological Land Classification Working Group." Northern limit of Ecoregions* 6E and 7E for the purposes of policies under 2.1 Ecoregions* 6E and 7E for the purposes of policies under 2.1 0 100 200 KmlN PDS 22-2020 Appendix 1 May 13, 2020 Page 48 Page 200 of 374 Provincial Policy Statement, 2020 | 38 ! ! ! ! ! ! !! ! ! ! ! ! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! !! ! ! !! !! ! ! !! !! ! ! ! ! LENN O X A N D A D DI N GT O N Figure 1. (Enlarged Inset) Natural Heritage Protection Line ! ! Northern limit of Ecoregions* 5E, 6E and 7E for the purposes of policies under 2.1Northern limit of Ecoregions* 6E and 7E for the purposes of policies under 2.1 Ecoregions* 6E and 7E for the purposes of policies under 2.1 Notes: * "Crins, W.J. 2002. Ecozones, Ecoregions, and Ecodistricts of Ontario. Ontario Ministryof Natural Resources. Prepared for Ecological Land Classification Working Group." 0 50 100 Km lN CHAMBERLAIN WAWA ENGLEHART MATACHEWAN CHARLTON EVANTUREL CHAPLEAU AND DACK ARMSTRONGH BRETHOUR JAMES ILLIARD THORNLOE HARLEYCASEY KERNS HARRIS HUDSON TEMISKAMING SHORES ALGOMA TEMISKAMING SUDBURY COBALT COLEMAN LATCHFORD TEMAGAMI !SAULT STE.MARIE PRINCE MACDONALD, GREATERSUDBURY !MARKSTAY-WARREN MEREDITHAND ABERDEENADDITIONAL LAIRD TARBUTT JOHNSON PLUMMERADDITIONAL BLIND RIVER ELLIOTLAKE NI WEST MATTAWAN PISSING NORTHBAY MATTAWA NAIRN ANDHYMAN ST.-PAPINEAU-CHARLES CAMERON AND TARBUTTADDITIONAL ST.JOSEPH H BRUCEMINES BALDWIN EAST BONFIELD FERRIS CALVIN HEAD,CLARA AND MARIA ILTONBEACH THESSALON HURONSHORES THE NORTH SPANISH SHORE SABLES-CALLANDER SPANISH RIVERS NIPISSING ESPANOLA DEEPRIVER FRENCH CHISHOLM LAURENTIAN RIVER HILLS HILTON NIPISSING JOCELYN KILLARNEY POWASSAN PETAWAWA PEMBROKE LAURENTIAN MANITOULIN AND NORTHEASTERN MACHAR VALLEY GORE WHITEWATER THE ISLANDS BAY SOUTH REGION COCKBURN PARRY SOUND RIVER JOLY KILLALOE, ISLAND GORDON / BARRIE ISLAND BILLINGS SUNDRIDGE HAGARTY NORTH ALGONA STRONG AND WILBERFORCE RICHARDS HORTON BURPEE AND MILLS KEARNEYRENFREW ARMOUR MAGNETAWAN MCNAB-MANITOULIN WHITESTONE BURK'S BRAESIDE ARNPRIOR CENTRAL ASSIGINACK MADAWASKA BONNECHERE MANITOULIN THE FALLS SOUTH VALLEY VALLEY ADMASTON/ ARCHIPELAGO RYERSON ALGONQUIN BROMLEY TEHKUMMAH PERRY MISSISSIPPI OTTAWA RENFREW MCKELLAR MILLS MCMURRICH-MONTEITH ALGONQUIN GREATER NORTHEASTERN CARLING MCDOUGALL LAKE HIGHLANDS BRUDENELL, MADAWASKA MANITOULIN AND LYNDOCH CARLETON THE ISLANDS PARRY OF BAYS HASTINGS ANDRAGLAN LANARK PLACE HIGHLANDS SOUND SEGUIN HUNTSVILLE CARLOW/ LANARK BECKWITH MAYO HIGHLANDS ADDINGTON MONTAGUE NORTH DYSART ET AL HIGHLANDS DRUMMOND/ GRENVILLE THE NORTH ARCHIPELAGO NORTH ELMSLEY MUSKOKA FRONTENAC FALLS MUSKOKA HALIBURTON BANCROFT SMITHS LAKES FARADAY NORTHERN GEORGIAN BAY BRACEBRIDGE HIGHLANDSEAST MINDEN BRUCE HILLS WOLLASTON PENINSULA LIMERICK EDWAR MERRICKVILLE-CAR PERTH WOLFORD TAY AUGUSTA VALLEY FRONTENAC LEEDS GRAVENHURST NORTHKAWARTHA TUDOR GALWAY-SOUTH PENETANGUISHENE BRUCE CAVENDISH AND HARVEY ANDCASHELHASTI NGS CENTRALFRONTENAC WESTPORT PENINSULA MIDLANDNY TI TAY SEVERN HAVELOCK-BELMONT-METHUEN MARMORAAND LAKE RIDEAULAKES ELAND GRENV IZABETHTOWN-PR KITLEY ILLE ATHENS BROCKV ILLE MADOC TWEED RAMARA GEORGIAN ORILLIA BLUFFS MEAFORD ORO-PETERBOROUGH FRONT OFYONGE SOUTHFRONTENAC LEEDS ANDTHE THOUSAND ISLANDS KAWARTHA OWENSOUND COLLINGWOOD MEDONTE LAKES SMITH-WASAGA BEACH DOURO-DUMMER CENTREHASTINGS STONEMILLS STIRLING-GANANOQUE SAUGEENSHORES ARRAN-ELDERSLI THE BLUEMOUNTAINS E SIMCOE ENNISMORE-RAWDON LAKEFIELD ASPHODEL-LOYALIST NORWOOD SPRINGWATER TYENDINAGA GREATER TRENT NAPANEE KINGSTON CHATSWORTH CLEARVIEW BARRIE BROCK HILLS PETERBOROUGH BELLEVILLE FRONTENACISLANDS BRUCE GREY HI GREY INNISFIL GHLANDS GEORGINA CAVAN-MONAGHAN OTONABEE-DESERONTO SOUTHMONAGHAN QUINTEWEST BRIGHTON KINCARDINE BROCKTON HANOVER MULMUR WEST GREY MELANCTHON ADJALA-TOSORONT IO ESSA ALNWICK/ HALDIMAND CRAMAHENORTHUMBERLAND BRADFORD GW WEST ILLIMBURY GWI EASTLLIMBURY PRINCE UXBRIDGE SCUGOG EDWARDCOUNTY SOUTHGATE SHELBURNE MONO NEWTECUMSETH NEWMARKETWH HURON-KINLOSS SOUTHBRUCE AMARANTH EAST DUFFERIN DURHAM ITCHURCH-CLARINGTON STOUFFVILLE PORT HAMILTON HOPE WELLINGTON ASHFIELD-COLBORNE-WAWANOSH HURONNORTH HOWICK NORTH MINTO WELLINGTON LUTHERGRANDVALLEY KING AURORAYORK COBOURG PICKERING OSHAWA ORANGEVILLE EASTGARAFRAXA PEELCALEDON RICHMONDHILL MARKHAM WHITBY AJAX VAUGHAN HURONPDS 22-2020 Appendix 1 May 13, 2020 Page 49 Page 201 of 374 6.0 Definitions Access standards: means methods or procedures to ensure safe vehicular and pedestrian movement, and access for the maintenance and repair of protection works, during times of flooding hazards, erosion hazards and/or other water-related hazards. Active transportation: means human-powered travel, including but not limited to, walking, cycling, inline skating and travel with the use of mobility aids, including motorized wheelchairs and other power-assisted devices moving at a comparable speed. Adjacent lands: means a) for the purposes of policy 1.6.8.3, those lands contiguous to existing or planned corridors and transportation facilities where development would have a negative impact on the corridor or facility. The extent of the adjacent lands may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives; b) for the purposes of policy 2.1.8, those lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent of the adjacent lands may be recommended by the Province or based on municipal approaches which achieve the same objectives; c) for the purposes of policies 2.4.2.2 and 2.5.2.5, those lands contiguous to lands on the surface of known petroleum resources, mineral deposits, or deposits of mineral aggregate resources where it is likely that development would constrain future access to the resources. The extent of the adjacent lands may be recommended by the Province; and d) for the purposes of policy 2.6.3, those lands contiguous to a protected heritage property or as otherwise defined in the municipal official plan. Adverse effects: as defined in the Environmental Protection Act, means one or more of: a) impairment of the quality of the natural environment for any use that can be made of it; b) injury or damage to property or plant or animal life; c) harm or material discomfort to any person; d) an adverse effect on the health of any person; e) impairment of the safety of any person; f) rendering any property or plant or animal life unfit for human use; g) loss of enjoyment of normal use of property; and h) interference with normal conduct of business. Affordable: means a) in the case of ownership housing, the least expensive of: 1. housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross annual household income for low and moderate income households; or 2. housing for which the purchase price is at least 10 percent below the average purchase price of a resale unit in the regional market area; b) in the case of rental housing, the least expensive of: 1. a unit for which the rent does not exceed 30 percent of gross annual household income for low and moderate income households; or 2. a unit for which the rent is at or below the average market rent of a unit in the regional market area. Agricultural condition: means a) in regard to specialty crop areas, a condition in which substantially the same areas and same average soil capability for agriculture are restored, the same range and productivity of specialty crops common in the area can be achieved, and, where PDS 22-2020 Appendix 1 May 13, 2020 Page 50 Page 202 of 374 applicable, the microclimate on which the site and surrounding area may be dependent for specialty crop production will be maintained or restored; and b) in regard to prime agricultural land outside of specialty crop areas, a condition in which substantially the same areas and same average soil capability for agriculture are restored. Agricultural System: A system comprised of a group of inter-connected elements that collectively create a viable, thriving agricultural sector. It has two components: a) An agricultural land base comprised of prime agricultural areas, including specialty crop areas, and rural lands that together create a continuous productive land base for agriculture; and b) An agri-food network which includes infrastructure, services, and assets important to the viability of the agri-food sector. Agricultural uses: means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on- farm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. Agri-food network: Within the agricultural system, a network that includes elements important to the viability of the agri-food sector such as regional infrastructure and transportation networks; on-farm buildings and infrastructure; agricultural services, farm markets, distributors, and primary processing; and vibrant, agriculture-supportive communities. Agri-tourism uses: means those farm-related tourism uses, including limited accommodation such as a bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. Agriculture-related uses: means those farm- related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. Airports: means all Ontario airports, including designated lands for future airports, with Noise Exposure Forecast (NEF)/Noise Exposure Projection (NEP) mapping. Alternative energy system: means a system that uses sources of energy or energy conversion processes to produce power, heat and/or cooling that significantly reduces the amount of harmful emissions to the environment (air, earth and water) when compared to conventional energy systems. Archaeological resources: includes artifacts, archaeological sites, marine archaeological sites, as defined under the Ontario Heritage Act. The identification and evaluation of such resources are based upon archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. Areas of archaeological potential: means areas with the likelihood to contain archaeological resources. Criteria to identify archaeological potential are established by the Province. The Ontario Heritage Act requires archaeological potential to be confirmed by a licensed archaeologist. Areas of mineral potential: means areas favourable to the discovery of mineral deposits due to geology, the presence of known mineral deposits or other technical evidence. Areas of natural and scientific interest (ANSI): means areas of land and water containing natural landscapes or features that have been identified as having life science or earth science values related to protection, scientific study or education. Brownfield sites: means undeveloped or previously developed properties that may be PDS 22-2020 Appendix 1 May 13, 2020 Page 51 Page 203 of 374 contaminated. They are usually, but not exclusively, former industrial or commercial properties that may be underutilized, derelict or vacant. Built heritage resource: means a building, structure, monument, installation or any manufactured or constructed part or remnant that contributes to a property’s cultural heritage value or interest as identified by a community, including an Indigenous community. Built heritage resources are located on property that may be designated under Parts IV or V of the Ontario Heritage Act, or that may be included on local, provincial, federal and/or international registers. Coastal wetland: means a) any wetland that is located on one of the Great Lakes or their connecting channels (Lake St. Clair, St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers); or b) any other wetland that is on a tributary to any of the above-specified water bodies and lies, either wholly or in part, downstream of a line located 2 kilometres upstream of the 1:100 year floodline (plus wave run-up) of the large water body to which the tributary is connected. Comprehensive rehabilitation: means rehabilitation of land from which mineral aggregate resources have been extracted that is coordinated and complementary, to the extent possible, with the rehabilitation of other sites in an area where there is a high concentration of mineral aggregate operations. Comprehensive review: means a) for the purposes of policies 1.1.3.8, 1.1.3.9 and 1.3.2.4, an official plan review which is initiated by a planning authority, or an official plan amendment which is initiated or adopted by a planning authority, which: 1. is based on a review of population and employment projections and which reflect projections and allocations by upper-tier municipalities and provincial plans, where applicable; considers alternative directions for growth or development; and determines how best to accommodate the development while protecting provincial interests; 2. utilizes opportunities to accommodate projected growth or development through intensification and redevelopment; and considers physical constraints to accommodating the proposed development within existing settlement area boundaries; 3. is integrated with planning for infrastructure and public service facilities, and considers financial viability over the life cycle of these assets, which may be demonstrated through asset management planning; 4. confirms sufficient water quality, quantity and assimilative capacity of receiving water are available to accommodate the proposed development; 5. confirms that sewage and water services can be provided in accordance with policy 1.6.6; and 6. considers cross-jurisdictional issues. b) for the purposes of policy 1.1.6, means a review undertaken by a planning authority or comparable body which: 1. addresses long-term population projections, infrastructure requirements and related matters; 2. confirms that the lands to be developed do not comprise specialty crop areas in accordance with policy 2.3.2; and 3. considers cross-jurisdictional issues. In undertaking a comprehensive review the level of detail of the assessment should correspond with the complexity and scale of the settlement boundary or development proposal. Conserved: means the identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, and/or heritage impact assessment that has been approved, accepted or adopted by the relevant planning authority and/or decision- PDS 22-2020 Appendix 1 May 13, 2020 Page 52 Page 204 of 374 maker. Mitigative measures and/or alternative development approaches can be included in these plans and assessments. Cultural heritage landscape: means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Indigenous community. The area may include features such as buildings, structures, spaces, views, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Cultural heritage landscapes may be properties that have been determined to have cultural heritage value or interest under the Ontario Heritage Act, or have been included on federal and/or international registers, and/or protected through official plan, zoning by-law, or other land use planning mechanisms. Defined portions of the flooding hazard along connecting channels: means those areas which are critical to the conveyance of the flows associated with the one hundred year flood level along the St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers, where development or site alteration will create flooding hazards, cause updrift and/or downdrift impacts and/or cause adverse environmental impacts. Deposits of mineral aggregate resources: means an area of identified mineral aggregate resources, as delineated in Aggregate Resource Inventory Papers or comprehensive studies prepared using evaluation procedures established by the Province for surficial and bedrock resources, as amended from time to time, that has a sufficient quantity and quality to warrant present or future extraction. Designated and available: means lands designated in the official plan for urban residential use. For municipalities where more detailed official plan policies (e.g. secondary plans) are required before development applications can be considered for approval, only lands that have commenced the more detailed planning process are considered to be designated and available for the purposes of this definition. Designated growth areas: means lands within settlement areas designated in an official plan for growth over the long-term planning horizon provided in policy 1.1.2, but which have not yet been fully developed. Designated growth areas include lands which are designated and available for residential growth in accordance with policy 1.4.1(a), as well as lands required for employment and other uses. Designated vulnerable area: means areas defined as vulnerable, in accordance with provincial standards, by virtue of their importance as a drinking water source. Development: means the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act, but does not include: a) activities that create or maintain infrastructure authorized under an environmental assessment process; b) works subject to the Drainage Act; or c) for the purposes of policy 2.1.4(a), underground or surface mining of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where advanced exploration has the same meaning as under the Mining Act. Instead, those matters shall be subject to policy 2.1.5(a). Dynamic beach hazard: means areas of inherently unstable accumulations of shoreline sediments along the Great Lakes - St. Lawrence River System and large inland lakes, as identified by provincial standards, as amended from time to time. The dynamic beach hazard limit consists of the flooding hazard limit plus a dynamic beach allowance. Ecological function: means the natural processes, products or services that living and non-living environments provide or perform within or between species, ecosystems and landscapes. These may include biological, physical and socio-economic interactions. PDS 22-2020 Appendix 1 May 13, 2020 Page 53 Page 205 of 374 Employment area: means those areas designated in an official plan for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices, and associated retail and ancillary facilities. Endangered species: means a species that is classified as “Endangered Species” on the Species at Risk in Ontario List, as updated and amended from time to time. Erosion hazard: means the loss of land, due to human or natural processes, that poses a threat to life and property. The erosion hazard limit is determined using considerations that include the 100 year erosion rate (the average annual rate of recession extended over a one hundred year time span), an allowance for slope stability, and an erosion/erosion access allowance. Essential emergency service: means services which would be impaired during an emergency as a result of flooding, the failure of floodproofing measures and/or protection works, and/or erosion. Fish: means fish, which as defined in the Fisheries Act, includes fish, shellfish, crustaceans, and marine animals, at all stages of their life cycles. Fish habitat: as defined in the Fisheries Act, means spawning grounds and any other areas, including nursery, rearing, food supply, and migration areas on which fish depend directly or indirectly in order to carry out their life processes. Flood fringe: for river, stream and small inland lake systems, means the outer portion of the flood plain between the floodway and the flooding hazard limit. Depths and velocities of flooding are generally less severe in the flood fringe than those experienced in the floodway. Flood plain: for river, stream and small inland lake systems, means the area, usually low lands adjoining a watercourse, which has been or may be subject to flooding hazards. Flooding hazard: means the inundation, under the conditions specified below, of areas adjacent to a shoreline or a river or stream system and not ordinarily covered by water: a) along the shorelines of the Great Lakes - St. Lawrence River System and large inland lakes, the flooding hazard limit is based on the one hundred year flood level plus an allowance for wave uprush and other water- related hazards; b) along river, stream and small inland lake systems, the flooding hazard limit is the greater of: 1. the flood resulting from the rainfall actually experienced during a major storm such as the Hurricane Hazel storm (1954) or the Timmins storm (1961), transposed over a specific watershed and combined with the local conditions, where evidence suggests that the storm event could have potentially occurred over watersheds in the general area; 2. the one hundred year flood; and 3. a flood which is greater than 1. or 2. which was actually experienced in a particular watershed or portion thereof as a result of ice jams and which has been approved as the standard for that specific area by the Minister of Natural Resources and Forestry; except where the use of the one hundred year flood or the actually experienced event has been approved by the Minister of Natural Resources and Forestry as the standard for a specific watershed (where the past history of flooding supports the lowering of the standard). Floodproofing standard: means the combination of measures incorporated into the basic design and/or construction of buildings, structures, or properties to reduce or eliminate flooding hazards, wave uprush and other water- related hazards along the shorelines of the Great Lakes - St. Lawrence River System and large inland lakes, and flooding hazards along river, stream and small inland lake systems. Floodway: for river, stream and small inland lake systems, means the portion of the flood PDS 22-2020 Appendix 1 May 13, 2020 Page 54 Page 206 of 374 plain where development and site alteration would cause a danger to public health and safety or property damage. Where the one zone concept is applied, the floodway is the entire contiguous flood plain. Where the two zone concept is applied, the floodway is the contiguous inner portion of the flood plain, representing that area required for the safe passage of flood flow and/or that area where flood depths and/or velocities are considered to be such that they pose a potential threat to life and/or property damage. Where the two zone concept applies, the outer portion of the flood plain is called the flood fringe. Freight-supportive: in regard to land use patterns, means transportation systems and facilities that facilitate the movement of goods. This includes policies or programs intended to support efficient freight movement through the planning, design and operation of land use and transportation systems. Approaches may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives. Great Lakes - St. Lawrence River System: means the major water system consisting of Lakes Superior, Huron, St. Clair, Erie and Ontario and their connecting channels, and the St. Lawrence River within the boundaries of the Province of Ontario. Green infrastructure: means natural and human-made elements that provide ecological and hydrological functions and processes. Green infrastructure can include components such as natural heritage features and systems, parklands, stormwater management systems, street trees, urban forests, natural channels, permeable surfaces, and green roofs. Ground water feature: means water-related features in the earth’s subsurface, including recharge/discharge areas, water tables, aquifers and unsaturated zones that can be defined by surface and subsurface hydrogeologic investigations. Habitat of endangered species and threatened species: means habitat within the meaning of Section 2 of the Endangered Species Act, 2007. Hazardous forest types for wildland fire: means forest types assessed as being associated with the risk of high to extreme wildland fire using risk assessment tools established by the Ontario Ministry of Natural Resources and Forestry, as amended from time to time. Hazardous lands: means property or lands that could be unsafe for development due to naturally occurring processes. Along the shorelines of the Great Lakes - St. Lawrence River System, this means the land, including that covered by water, between the international boundary, where applicable, and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along the shorelines of large inland lakes, this means the land, including that covered by water, between a defined offshore distance or depth and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along river, stream and small inland lake systems, this means the land, including that covered by water, to the furthest landward limit of the flooding hazard or erosion hazard limits. Hazardous sites: means property or lands that could be unsafe for development and site alteration due to naturally occurring hazards. These may include unstable soils (sensitive marine clays [leda], organic soils) or unstable bedrock (karst topography). Hazardous substances: means substances which, individually, or in combination with other substances, are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide array of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. Heritage attributes: means the principal features or elements that contribute to a protected heritage property’s cultural heritage value or interest, and may include the PDS 22-2020 Appendix 1 May 13, 2020 Page 55 Page 207 of 374 property’s built, constructed, or manufactured elements, as well as natural landforms, vegetation, water features, and its visual setting (e.g. significant views or vistas to or from a protected heritage property). High quality: means primary and secondary sand and gravel resources and bedrock resources as defined in the Aggregate Resource Inventory Papers (ARIP). Housing options: means a range of housing types such as, but not limited to single- detached, semi-detached, rowhouses, townhouses, stacked townhouses, multiplexes, additional residential units, tiny homes, multi- residential buildings. The term can also refer to a variety of housing arrangements and forms such as, but not limited to life lease housing, co- ownership housing, co-operative housing, community land trusts, land lease community homes, affordable housing, housing for people with special needs, and housing related to employment, institutional or educational uses. Hydrologic function: means the functions of the hydrological cycle that include the occurrence, circulation, distribution and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water’s interaction with the environment including its relation to living things. Impacts of a changing climate: means the present and future consequences from changes in weather patterns at local and regional levels including extreme weather events and increased climate variability. Individual on-site sewage services: means sewage systems, as defined in O. Reg. 332/12 under the Building Code Act, 1992, that are owned, operated and managed by the owner of the property upon which the system is located. Individual on-site water services: means individual, autonomous water supply systems that are owned, operated and managed by the owner of the property upon which the system is located. Infrastructure: means physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: sewage and water systems, septage treatment systems, stormwater management systems, waste management systems, electricity generation facilities, electricity transmission and distribution systems, communications/telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities. Institutional use: for the purposes of policy 3.1.5, means land uses where there is a threat to the safe evacuation of vulnerable populations such as older persons, persons with disabilities, and those who are sick or young, during an emergency as a result of flooding, failure of floodproofing measures or protection works, or erosion. Intensification: means the development of a property, site or area at a higher density than currently exists through: a) redevelopment, including the reuse of brownfield sites; b) the development of vacant and/or underutilized lots within previously developed areas; c) infill development; and d) the expansion or conversion of existing buildings. Large inland lakes: means those waterbodies having a surface area of equal to or greater than 100 square kilometres where there is not a measurable or predictable response to a single runoff event. Legal or technical reasons: means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. Low and moderate income households: means a) in the case of ownership housing, households with incomes in the lowest 60 percent of the income distribution for the regional market area; or PDS 22-2020 Appendix 1 May 13, 2020 Page 56 Page 208 of 374 b) in the case of rental housing, households with incomes in the lowest 60 percent of the income distribution for renter households for the regional market area. Major facilities: means facilities which may require separation from sensitive land uses, including but not limited to airports, manufacturing uses, transportation infrastructure and corridors, rail facilities, marine facilities, sewage treatment facilities, waste management systems, oil and gas pipelines, industries, energy generation facilities and transmission systems, and resource extraction activities. Major goods movement facilities and corridors: means transportation facilities and corridors associated with the inter- and intra- provincial movement of goods. Examples include: inter-modal facilities, ports, airports, rail facilities, truck terminals, freight corridors, freight facilities, and haul routes and primary transportation corridors used for the movement of goods. Approaches that are freight- supportive may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives. Marine facilities: means ferries, harbours, ports, ferry terminals, canals and associated uses, including designated lands for future marine facilities. Mine hazard: means any feature of a mine as defined under the Mining Act, or any related disturbance of the ground that has not been rehabilitated. Minerals: means metallic minerals and non- metallic minerals as herein defined, but does not include mineral aggregate resources or petroleum resources. Metallic minerals means those minerals from which metals (e.g. copper, nickel, gold) are derived. Non-metallic minerals means those minerals that are of value for intrinsic properties of the minerals themselves and not as a source of metal. They are generally synonymous with industrial minerals (e.g. asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, and wollastonite). Mineral aggregate operation: means a) lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act; b) for lands not designated under the Aggregate Resources Act, established pits and quarries that are not in contravention of municipal zoning by-laws and including adjacent land under agreement with or owned by the operator, to permit continuation of the operation; and c) associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products. Mineral aggregate resources: means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act. Mineral aggregate resource conservation: means a) the recovery and recycling of manufactured materials derived from mineral aggregates (e.g. glass, porcelain, brick, concrete, asphalt, slag, etc.), for re-use in construction, manufacturing, industrial or maintenance projects as a substitute for new mineral aggregates; and b) the wise use of mineral aggregates including utilization or extraction of on-site mineral aggregate resources prior to development occurring. PDS 22-2020 Appendix 1 May 13, 2020 Page 57 Page 209 of 374 Mineral deposits: means areas of identified minerals that have sufficient quantity and quality based on specific geological evidence to warrant present or future extraction. Mineral mining operation: means mining operations and associated facilities, or, past producing mines with remaining mineral development potential that have not been permanently rehabilitated to another use. Minimum distance separation formulae: means formulae and guidelines developed by the Province, as amended from time to time, to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. Multimodal transportation system: means a transportation system which may include several forms of transportation such as automobiles, walking, trucks, cycling, buses, rapid transit, rail (such as commuter and freight), air and marine. Municipal sewage services: means a sewage works within the meaning of section 1 of the Ontario Water Resources Act that is owned or operated by a municipality, including centralized and decentralized systems. Municipal water services: means a municipal drinking-water system within the meaning of section 2 of the Safe Drinking Water Act, 2002, including centralized and decentralized systems. Natural heritage features and areas: means features and areas, including significant wetlands, significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant woodlands and significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River), habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Natural heritage system: means a system made up of natural heritage features and areas, and linkages intended to provide connectivity (at the regional or site level) and support natural processes which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species, and ecosystems. These systems can include natural heritage features and areas, federal and provincial parks and conservation reserves, other natural heritage features, lands that have been restored or have the potential to be restored to a natural state, areas that support hydrologic functions, and working landscapes that enable ecological functions to continue. The Province has a recommended approach for identifying natural heritage systems, but municipal approaches that achieve or exceed the same objective may also be used. Negative impacts: means a) in regard to policy 1.6.6.4 and 1.6.6.5, potential risks to human health and safety and degradation to the quality and quantity of water, sensitive surface water features and sensitive ground water features, and their related hydrologic functions, due to single, multiple or successive development. Negative impacts should be assessed through environmental studies including hydrogeological or water quality impact assessments, in accordance with provincial standards; b) in regard to policy 2.2, degradation to the quality and quantity of water, sensitive surface water features and sensitive ground water features, and their related hydrologic functions, due to single, multiple or successive development or site alteration activities; c) in regard to fish habitat, any permanent alteration to, or destruction of fish habitat, except where, in conjunction with the appropriate authorities, it has been authorized under the Fisheries Act; and d) in regard to other natural heritage features and areas, degradation that threatens the health and integrity of the natural features or ecological functions for which an area is identified due to single, multiple or successive development or site alteration activities. PDS 22-2020 Appendix 1 May 13, 2020 Page 58 Page 210 of 374 Normal farm practices: means a practice, as defined in the Farming and Food Production Protection Act, 1998, that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or makes use of innovative technology in a manner consistent with proper advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act, 2002 and regulations made under that Act. Oil, gas and salt hazards: means any feature of a well or work as defined under the Oil, Gas and Salt Resources Act, or any related disturbance of the ground that has not been rehabilitated. On-farm diversified uses: means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri- tourism uses, and uses that produce value- added agricultural products. Ground-mounted solar facilities are permitted in prime agricultural areas, including specialty crop areas, only as on-farm diversified uses. One hundred year flood: for river, stream and small inland lake systems, means that flood, based on an analysis of precipitation, snow melt, or a combination thereof, having a return period of 100 years on average, or having a 1% chance of occurring or being exceeded in any given year. One hundred year flood level: means a) for the shorelines of the Great Lakes, the peak instantaneous stillwater level, resulting from combinations of mean monthly lake levels and wind setups, which has a 1% chance of being equalled or exceeded in any given year; b) in the connecting channels (St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers), the peak instantaneous stillwater level which has a 1% chance of being equalled or exceeded in any given year; and c) for large inland lakes, lake levels and wind setups that have a 1% chance of being equalled or exceeded in any given year, except that, where sufficient water level records do not exist, the one hundred year flood level is based on the highest known water level and wind setups. Other water-related hazards: means water- associated phenomena other than flooding hazards and wave uprush which act on shorelines. This includes, but is not limited to ship-generated waves, ice piling and ice jamming. Partial services: means a) municipal sewage services or private communal sewage services combined with individual on-site water services; or b) municipal water services or private communal water services combined with individual on-site sewage services. Petroleum resource operations: means oil, gas and salt wells and associated facilities and other drilling operations, oil field fluid disposal wells and associated facilities, and wells and facilities for the underground storage of natural gas and other hydrocarbons. Petroleum resources: means oil, gas, and salt (extracted by solution mining method) and formation water resources which have been identified through exploration and verified by preliminary drilling or other forms of investigation. This may include sites of former operations where resources are still present or former sites that may be converted to underground storage for natural gas or other hydrocarbons. Planned corridors: means corridors or future corridors which are required to meet projected needs, and are identified through provincial plans, preferred alignment(s) determined through the Environmental Assessment Act process, or identified through planning studies where the Ontario Ministry of Transportation, Metrolinx, Ontario Ministry of Energy, Northern Development and Mines or Independent Electricity System Operator (IESO) or any successor to those ministries or entities is actively pursuing the identification of a corridor. PDS 22-2020 Appendix 1 May 13, 2020 Page 59 Page 211 of 374 Approaches for the protection of planned corridors may be recommended in guidelines developed by the Province. Portable asphalt plant: means a facility a) with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process; and b) which is not of permanent construction, but which is to be dismantled at the completion of the construction project. Portable concrete plant: means a building or structure a) with equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process; and b) which is not of permanent construction, but which is designed to be dismantled at the completion of the construction project. Prime agricultural area: means areas where prime agricultural lands predominate. This includes areas of prime agricultural lands and associated Canada Land Inventory Class 4 through 7 lands, and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture. Prime agricultural areas may be identified by the Ontario Ministry of Agriculture and Food using guidelines developed by the Province as amended from time to time. A prime agricultural area may also be identified through an alternative agricultural land evaluation system approved by the Province. Prime agricultural land: means specialty crop areas and/or Canada Land Inventory Class 1, 2, and 3 lands, as amended from time to time, in this order of priority for protection. Private communal sewage services: means a sewage works within the meaning of section 1 of the Ontario Water Resources Act that serves six or more lots or private residences and is not owned by a municipality. Private communal water services: means a non-municipal drinking-water system within the meaning of section 2 of the Safe Drinking Water Act, 2002 that serves six or more lots or private residences. Protected heritage property: means property designated under Parts IV, V or VI of the Ontario Heritage Act; property subject to a heritage conservation easement under Parts II or IV of the Ontario Heritage Act; property identified by the Province and prescribed public bodies as provincial heritage property under the Standards and Guidelines for Conservation of Provincial Heritage Properties; property protected under federal legislation, and UNESCO World Heritage Sites. Protection works standards: means the combination of non-structural or structural works and allowances for slope stability and flooding/erosion to reduce the damage caused by flooding hazards, erosion hazards and other water-related hazards, and to allow access for their maintenance and repair. Provincial and federal requirements: means a) in regard to policy 2.1.6, legislation and policies administered by the federal or provincial governments for the purpose of fisheries protection (including fish and fish habitat), and related, scientifically established standards such as water quality criteria for protecting lake trout populations; and b) in regard to policy 2.1.7, legislation and policies administered by the provincial government or federal government, where applicable, for the purpose of protecting species at risk and their habitat. Provincial plan: means a provincial plan within the meaning of section 1 of the Planning Act. Public service facilities: means land, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health and educational programs, long-term care services, and cultural services. PDS 22-2020 Appendix 1 May 13, 2020 Page 60 Page 212 of 374 Public service facilities do not include infrastructure. Quality and quantity of water: is measured by indicators associated with hydrologic function such as minimum base flow, depth to water table, aquifer pressure, oxygen levels, suspended solids, temperature, bacteria, nutrients and hazardous contaminants, and hydrologic regime. Rail facilities: means rail corridors, rail sidings, train stations, inter-modal facilities, rail yards and associated uses, including designated lands for future rail facilities. Recreation: means leisure time activity undertaken in built or natural settings for purposes of physical activity, health benefits, sport participation and skill development, personal enjoyment, positive social interaction and the achievement of human potential. Redevelopment: means the creation of new units, uses or lots on previously developed land in existing communities, including brownfield sites. Regional market area: refers to an area that has a high degree of social and economic interaction. The upper or single-tier municipality, or planning area, will normally serve as the regional market area. However, where a regional market area extends significantly beyond these boundaries, then the regional market area may be based on the larger market area. Where regional market areas are very large and sparsely populated, a smaller area, if defined in an official plan, may be utilized. Renewable energy source: means an energy source that is renewed by natural processes and includes wind, water, biomass, biogas, biofuel, solar energy, geothermal energy and tidal forces. Renewable energy system: means a system that generates electricity, heat and/or cooling from a renewable energy source. Reserve sewage system capacity: means design or planned capacity in a centralized waste water treatment facility which is not yet committed to existing or approved development. For the purposes of policy 1.6.6.6, reserve capacity for private communal sewage services and individual on-site sewage services is considered sufficient if the hauled sewage from the development can be treated and land-applied on agricultural land under the Nutrient Management Act, or disposed of at sites approved under the Environmental Protection Act or the Ontario Water Resources Act, but not by land-applying untreated, hauled sewage. Reserve water system capacity: means design or planned capacity in a centralized water treatment facility which is not yet committed to existing or approved development. Residence surplus to a farming operation: means an existing habitable farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation). Residential intensification: means intensification of a property, site or area which results in a net increase in residential units or accommodation and includes: a) redevelopment, including the redevelopment of brownfield sites; b) the development of vacant or underutilized lots within previously developed areas; c) infill development; d) development and introduction of new housing options within previously developed areas; e) the conversion or expansion of existing industrial, commercial and institutional buildings for residential use; and f) the conversion or expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, additional residential units, rooming houses, and other housing options. River, stream and small inland lake systems: means all watercourses, rivers, streams, and PDS 22-2020 Appendix 1 May 13, 2020 Page 61 Page 213 of 374 small inland lakes or waterbodies that have a measurable or predictable response to a single runoff event. Rural areas: means a system of lands within municipalities that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and resource areas. Rural lands: means lands which are located outside settlement areas and which are outside prime agricultural areas. Sensitive: in regard to surface water features and ground water features, means areas that are particularly susceptible to impacts from activities or events including, but not limited to, water withdrawals, and additions of pollutants. Sensitive land uses: means buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built environment. Examples may include, but are not limited to: residences, day care centres, and educational and health facilities. Settlement areas: means urban areas and rural settlement areas within municipalities (such as cities, towns, villages and hamlets) that are: a) built-up areas where development is concentrated and which have a mix of land uses; and b) lands which have been designated in an official plan for development over the long- term planning horizon provided for in policy 1.1.2. In cases where land in designated growth areas is not available, the settlement area may be no larger than the area where development is concentrated. Sewage and water services: includes municipal sewage services and municipal water services, private communal sewage services and private communal water services, individual on-site sewage services and individual on-site water services, and partial services. Significant: means a) in regard to wetlands, coastal wetlands and areas of natural and scientific interest, an area identified as provincially significant by the Ontario Ministry of Natural Resources and Forestry using evaluation procedures established by the Province, as amended from time to time; b) in regard to woodlands, an area which is ecologically important in terms of features such as species composition, age of trees and stand history; functionally important due to its contribution to the broader landscape because of its location, size or due to the amount of forest cover in the planning area; or economically important due to site quality, species composition, or past management history. These are to be identified using criteria established by the Ontario Ministry of Natural Resources and Forestry; c) in regard to other features and areas in policy 2.1, ecologically important in terms of features, functions, representation or amount, and contributing to the quality and diversity of an identifiable geographic area or natural heritage system; d) in regard to mineral potential, an area identified as provincially significant through evaluation procedures developed by the Province, as amended from time to time, such as the Provincially Significant Mineral Potential Index; and e) in regard to cultural heritage and archaeology, resources that have been determined to have cultural heritage value or interest. Processes and criteria for determining cultural heritage value or interest are established by the Province under the authority of the Ontario Heritage Act. Criteria for determining significance for the resources identified in sections (c)-(d) are recommended by the Province, but municipal approaches that achieve or exceed the same objective may also be used. While some significant resources may already be identified and inventoried by official sources, PDS 22-2020 Appendix 1 May 13, 2020 Page 62 Page 214 of 374 the significance of others can only be determined after evaluation. Site alteration: means activities, such as grading, excavation and the placement of fill that would change the landform and natural vegetative characteristics of a site. For the purposes of policy 2.1.4(a), site alteration does not include underground or surface mining of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where advanced exploration has the same meaning as in the Mining Act. Instead, those matters shall be subject to policy 2.1.5(a). Special needs: means any housing, including dedicated facilities, in whole or in part, that is used by people who have specific needs beyond economic needs, including but not limited to, needs such as mobility requirements or support functions required for daily living. Examples of special needs housing may include, but are not limited to long-term care homes, adaptable and accessible housing, and housing for persons with disabilities such as physical, sensory or mental health disabilities, and housing for older persons. Special Policy Area: means an area within a community that has historically existed in the flood plain and where site-specific policies, approved by both the Ministers of Natural Resources and Forestry and Municipal Affairs and Housing, are intended to provide for the continued viability of existing uses (which are generally on a small scale) and address the significant social and economic hardships to the community that would result from strict adherence to provincial policies concerning development. The criteria and procedures for approval are established by the Province. A Special Policy Area is not intended to allow for new or intensified development and site alteration, if a community has feasible opportunities for development outside the flood plain. Specialty crop area: means areas designated using guidelines developed by the Province, as amended from time to time. In these areas, specialty crops are predominantly grown such as tender fruits (peaches, cherries, plums), grapes, other fruit crops, vegetable crops, greenhouse crops, and crops from agriculturally developed organic soil, usually resulting from: a) soils that have suitability to produce specialty crops, or lands that are subject to special climatic conditions, or a combination of both; b) farmers skilled in the production of specialty crops; and c) a long-term investment of capital in areas such as crops, drainage, infrastructure and related facilities and services to produce, store, or process specialty crops. Surface water feature: means water-related features on the earth’s surface, including headwaters, rivers, stream channels, inland lakes, seepage areas, recharge/discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil type, vegetation or topographic characteristics. Threatened species: means a species that is classified as “Threatened Species” on the Species at Risk in Ontario List, as updated and amended from time to time. Transit-supportive: in regard to land use patterns, means development that makes transit viable, optimizes investments in transit infrastructure, and improves the quality of the experience of using transit. It often refers to compact, mixed-use development that has a high level of employment and residential densities, including air rights development, in proximity to transit stations, corridors and associated elements within the transportation system. Approaches may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives. Transportation demand management: means a set of strategies that result in more efficient use of the transportation system by influencing travel behaviour by mode, time of day, PDS 22-2020 Appendix 1 May 13, 2020 Page 63 Page 215 of 374 frequency, trip length, regulation, route, or cost. Transportation system: means a system consisting of facilities, corridors and rights-of- way for the movement of people and goods, and associated transportation facilities including transit stops and stations, sidewalks, cycle lanes, bus lanes, high occupancy vehicle lanes, rail facilities, parking facilities, park’n’ride lots, service centres, rest stops, vehicle inspection stations, inter-modal facilities, harbours, airports, marine facilities, ferries, canals and associated facilities such as storage and maintenance. Two zone concept: means an approach to flood plain management where the flood plain is differentiated in two parts: the floodway and the flood fringe. Valleylands: means a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year. Vulnerable: means surface and/or ground water that can be easily changed or impacted. Waste management system: means sites and facilities to accommodate solid waste from one or more municipalities and includes recycling facilities, transfer stations, processing sites and disposal sites. Watershed: means an area that is drained by a river and its tributaries. Wave uprush: means the rush of water up onto a shoreline or structure following the breaking of a wave; the limit of wave uprush is the point of furthest landward rush of water onto the shoreline. Wayside pits and quarries: means a temporary pit or quarry opened and used by or for a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. Wetlands: means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Periodically soaked or wet lands being used for agricultural purposes which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition. Wildland fire assessment and mitigation standards: means the combination of risk assessment tools and environmentally appropriate mitigation measures identified by the Ontario Ministry of Natural Resources and Forestry to be incorporated into the design, construction and/or modification of buildings, structures, properties and/or communities to reduce the risk to public safety, infrastructure and property from wildland fire. Wildlife habitat: means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory or non- migratory species. Woodlands: means treed areas that provide environmental and economic benefits to both the private landowner and the general public, such as erosion prevention, hydrological and nutrient cycling, provision of clean air and the long-term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities, and the sustainable harvest of a wide range of woodland products. Woodlands include treed areas, woodlots or forested areas and vary in their level of significance at the local, regional and provincial levels. Woodlands may be delineated according to the Forestry Act definition or the Province’s Ecological Land Classification system definition for “forest”. PDS 22-2020 Appendix 1 May 13, 2020 Page 64 Page 216 of 374 Ministry of Municipal Affairs and Housing © Queen’s Printer for Ontario, 2020 ISBN 978-1-4868-4229-2 (Print) ISBN 978-1-4868-4230-8 (HTML) ISBN 978-1-4868-4231-5 (PDF) 370/02/20 Disponible en français PDS 22-2020 Appendix 1 May 13, 2020 Page 65 Page 217 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 1 of 59 Provincial Policy Statement (PPS): Blackline Comparison between the PPS, 2014 and PPS, 2020 Blackline Document Legend Text = Added text. Text = Removed text. Text = Retained text. PDS 22-2020 Appendix 2 May 13, 2020 Page 66 Page 218 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 2 of 59 Part I: Preamble The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. As a key part of Ontario’s policy-led planning system, the Provincial Policy Statement sets the policy foundation for regulating the development and use of land. It also supports the provincial goal to enhance the quality of life for all Ontarians. The Provincial Policy Statement provides for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment. The Provincial Policy Statement supports improved land use planning and management, which contributes to a more effective and efficient land use planning system. The policies of the Provincial Policy Statement may be complemented by provincial plans or by locally-generated policies regarding matters of municipal interest. Provincial plans and municipal official plans provide a framework for comprehensive, integrated, place-based and long-term planning that supports and integrates the principles of strong communities, a clean and healthy environment and economic growth, for the long term. Municipal official plans are the most important vehicle for implementation of this Provincial Policy Statement and for achieving comprehensive, integrated and long-term planning. Official plans shall identify provincial interests and set out appropriate land use designations and policies. Official plans should also coordinate cross-boundary matters to complement the actions of other planning authorities and promote mutually beneficial solutions. Official plans shall provide clear, reasonable and attainable policies to protect provincial interests and direct development to suitable areas. In order to protect provincial interests, planning authorities shall keep their official plans up-to-date with this Provincial Policy Statement. Zoning and development permit by-laws are also important for implementation of this Provincial Policy Statement. Planning authorities shall keep their zoning and development permit by-laws up-to-date with their official plans and this Provincial Policy Statement. Land use planning is only one of the tools for implementing provincial interests. A wide range of legislation, regulations, policies and programs may alsoapply to decisions with respect to Planning Act applications and affect planning matters, and assist in implementing these interests. Within the Great Lakes – St. Lawrence River Basin, there may be circumstances where planning authorities should consider agreements related to the protection or restoration of the Great Lakes – St. Lawrence River Basin. Examples of these agreements include Great Lakes agreements between Ontario and Canada, between Ontario and Quebec and the Great Lakes States of the United States of America, and between Canada and the United States of America. PDS 22-2020 Appendix 2 May 13, 2020 Page 67 Page 219 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 3 of 59 Part II: Legislative Authority The Provincial Policy Statement is issued under the authority of section 3 of the Planning Act and came into effect on April 30, 2014 May 1, 2020. In respect of the exercise of any authority that affects a planning matter, section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government “shall be consistent with” this Provincial Policy Statement. Part III: How to Read the Provincial Policy Statement The provincial policy-led planning system recognizes and addresses the complex inter- relationships among environmental, economic and social factors in land use planning. The Provincial Policy Statement supports a comprehensive, integrated and long-term approach to planning, and recognizes linkages among policy areas. Read the Entire Provincial Policy Statement The Provincial Policy Statement is more than a set of individual policies. It is to be read in its entirety and the relevant policies are to be applied to each situation. When more than one policy is relevant, a decision-maker should consider all of the relevant policies to understand how they work together. The language of each policy, including the Implementation and Interpretation policies, will assist decision-makers in understanding how the policies are to be implemented. While specific policies sometimes refer to other policies for ease of use, these cross-references do not take away from the need to read the Provincial Policy Statement as a whole. There is no implied priority in the order in which the policies appear. Consider Specific Policy Language When applying the Provincial Policy Statement it is important to consider the specific language of the policies. Each policy provides direction on how it is to be implemented, how it is situated within the broader Provincial Policy Statement, and how it relates to other policies. Some policies set out positive directives, such as “settlement areas shall be the focus of growth and development.” Other policies set out limitations and prohibitions, such as “development and site alteration shall not be permitted.” Other policies use enabling or supportive language, such as “should,” “promote” and “encourage.” The choice of language is intended to distinguish between the types of policies and the nature of implementation. There is some discretion when applying a policy with enabling or supportive language in contrast to a policy with a directive, limitation or prohibition. PDS 22-2020 Appendix 2 May 13, 2020 Page 68 Page 220 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 4 of 59 Geographic Scale of Policies The Provincial Policy Statement recognizes the diversity of Ontario and that local context is important. Policies are outcome-oriented, and some policies provide flexibility in their implementation provided that provincial interests are upheld. While the Provincial Policy Statement is to be read as a whole, not all policies will be applicable to every site, feature or area. The Provincial Policy Statement applies at a range of geographic scales. Some of the policies refer to specific areas or features and can only be applied where these features or areas exist. Other policies refer to planning objectives that need to be considered in the context of the municipality or planning area as a whole, and are not necessarily applicable to a specific site or development proposal. Policies Represent Minimum Standards The policies of the Provincial Policy Statement represent minimum standards. Within the framework of the provincial policy-led planning system, planning authorities and decision-makers may go beyond these minimum standards to address matters of importance to a specific community, unless doing so would conflict with any policy of th e Provincial Policy Statement. Defined Terms and Meanings Except for references to legislation which are italicized, other italicized terms in the Provincial Policy Statement are defined in the Definitions section. For non -italicized terms, the normal meaning of the word applies. Terms may be italicized only in specific policies; for these terms, the defined meaning applies where they are italicized and the normal meaning applies where they are not italicized. Defined terms in the Definitions section are intended to capture both singular and plural forms of these terms in the policies. Guidance Material Guidance material and technical criteria may be issued from time to time to assist planning authorities and decision-makers with implementing the policies of the Provincial Policy Statement. Information, technical criteria and approaches outlined in guidance material are meant to support but not add to or detract from the policies of the Provincial Policy Statement. Relationship with Provincial Plans The Provincial Policy Statement provides overall policy directions on matters of provincial interest related to land use planning and development in Ontario, and applies province -wide, except where this policy statement or another provincial plan provides otherwise. Provincial plans, such as the Greenbelt Plan, theA Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Growth Plan for Northern Ontario, build upon the policy foundation PDS 22-2020 Appendix 2 May 13, 2020 Page 69 Page 221 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 5 of 59 provided by the Provincial Policy Statement. They provide additional land use planning policies to address issues facing specific geographic areas in Ontario. Provincial plans are to be read in conjunction with the Provincial Policy Statement. They take precedence over the policies of the Provincial Policy Statement t o the extent of any conflict, except where the relevant legislation provides otherwise. Where the policies of provincial plans address the same, similar, related, or overlapping matters as the policies of the Provincial Policy Statement, applying the more specific policies of the provincial plan satisfies the more general requirements of the Provincial Policy Statement. In contrast, where matters addressed in the Provincial Policy Statement do not overlap with policies in provincial plans, the policies in the Provincial Policy Statement must be independently satisfied. Land use planning decisions made by municipalities, planning boards, the Province, or a commission or agency of the government must be consistent with the Provincial Policy Statement. Where provincial plans are in effect, planning decisions must conform or not conflict with them, as the case may be. PDS 22-2020 Appendix 2 May 13, 2020 Page 70 Page 222 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 6 of 59 Part IV: Vision for Ontario’s Land Use Planning System The long-term prosperity and social well-being of Ontario depends upon planning for strong, sustainable and resilient communities for people of all ages, a clean and healthy environment, and a strong and competitive economy. Ontario is a vast province with diverse urban, rural and northern communities which may face different challenges related to diversity in population, economic activity, pace of growth and physical and natural conditions. Some areas face challenges related to maintaining population and diversifying their economy, while other areas face challenges related to accommodating and managing the development and population growth which is occurring, while protecting important resources and the quality of the natural environment. Ontario’sThe Province’s rich cultural diversity is one of its distinctive and defining features. The Provincial Policy Statement reflects Ontario's diversityIndigenous communities have a unique relationship with the land and its resources, which includescontinues to shape the historieshistory and cultureseconomy of Aboriginal peoples, and is based on good land use planning principles that apply in communities across Ontariothe Province today. Ontario recognizes the unique role Indigenous communities have in land use planning and development, and the contribution of Indigenous communities’ perspectives and traditional knowledge to land use planning decisions. The Province recognizes the importance of consulting with Aboriginal communities on planning matters that may affect their rights and interestssection 35 Aboriginal or treaty rights. Planning authorities are encouraged to build constructive, cooperative relationships through meaningful engagement with Indigenous communities to facilitate knowledge-sharing in land use planning processes and inform decision-making. The Provincial Policy Statement focuses growth and development within urban and rural settlement areas while supporting the viability of rural areas. It recognizes that the wise management of land use change may involve directing, promoting or sustaining development. Land use must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns and avoiding significant or sensitive resources and areas which may pose a risk to public health and safety. Planning authorities are encouraged to permit and facilitate a range of housing options, including new development as well as residential intensification, to respond to current and future needs. Efficient development patterns optimize the use of land, resources and public investment in infrastructure and public service facilities. These land use patterns promote a mix of housing, including affordable housing, employment, recreation, parks and open spaces, and transport ation choices that increase the use of active transportation and transit before other modes of travel. They also support the financial well-being of the Province and municipalities over the long term, and minimize the undesirable effects of development, including impacts on air, water and other resources. They also permit better adaptation and response to the impacts of a changing climate, which will vary from region to region. Strong, liveable and healthy communities promote and enhance human health and s ocial well- being, are economically and environmentally sound, and are resilient to climate change. The Province’s natural heritage resources, water resources, including the Great Lakes, agricultural PDS 22-2020 Appendix 2 May 13, 2020 Page 71 Page 223 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 7 of 59 resources, mineral resources, and cultural heritage and archaeological resources provide important environmental, economic and social benefits. The wise use and management of these resources over the long term is a key provincial interest. The Province must ensure that its resources are managed in a sustainable way to conserve biodiversity, protect essential ecological processes and public health and safety, provide for the production of food and fibre, minimize environmental and social impacts, provide for recreational opportunities (e.g. fishing, hunting and hiking) and meet its long-term needs. It is equally important to protect the overall health and safety of the population , including preparing for the impacts of a changing climate. The Provincial Policy Statement directs development away from areas of natural and human-made hazards. This preventative approach supports provincial and municipal financial well-being over the long term, protects public health and safety, and minimizes cost, risk and social disruption. Taking action to conserve land and resources avoids the need for costly remedial measures to correct problems and supports economic and environmental principles. Strong communities, a clean and healthy environment and a strong economy are inextricably linked. Long-term prosperity, human and environmental health and social well-being should take precedence over short-term considerations. The fundamental principles set out in the Provincial Policy Statement apply throughout Ontario. To support our collective well-being, now and in the future, all land use must be well managed. PDS 22-2020 Appendix 2 May 13, 2020 Page 72 Page 224 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 8 of 59 Part V: Policies 1.0 Building Strong Healthy Communities Ontario is a vast province with urban, rural, and northern communities with diversity in population, economic activities, pace of growth, service levels and physical and natural conditions. Ontario's long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support sustainability by promoting strong, liveable, healthy and resilient communities, protecting the enviro nment and public health and safety, and facilitating economic growth. Accordingly: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns 1.1.1 Healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate affordable and market-based range and mix of residential types (including secondsingle-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e) promoting the integration of land use planning, growth management, transit- supportive development, intensification and infrastructure planning to achieve cost- effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs; f) improving accessibility for persons with disabilities and older persons by identifying, preventing and removingaddressing land use barriers which restrict their full participation in society; g) ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs; and PDS 22-2020 Appendix 2 May 13, 2020 Page 73 Page 225 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 9 of 59 h) promoting development and land use patterns that conserve biodiversity; and consider i) preparing for the regional and local impacts of a changing climate. 1.1.2 Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 2025 years, informed by provincial guidelines. However, where an alternate time period has been established for specific areas of the Province as a result of a provincial planning exercise or a provincial plan, that time frame may be used for municipalities within the area. Within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas. Nothing in policy 1.1.2 limits the planning for infrastructure and, public service facilities and employment areas beyond a 2025-year time horizon. 1.1.3 Settlement Areas Settlement areas are urban areas and rural settlement areas, and include cities, towns, villages and hamlets. Ontario’s settlement areas vary significantly in terms of size, density, population, economic activity, diversity and intensity of land uses, service levels, and types of infrastructure available. The vitality and regeneration of settlement areas is critical to the long-term economic prosperity of our communities. Development pressures and land use change will vary across Ontario. It is in the interest of all communities to use land and resources wisely, to promote efficient development patterns, protect resources, promote green spaces, ensure effective use of infrastructure and public service facilities and minimize unnecessary public expenditures. 1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. 1.1.3.2 Land use patterns within settlement areas shall be based on: a. densities and a mix of land uses which: a) i. efficiently use land and resources; b) ii. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; c) iii. minimize negative impacts to air quality and climate change, and promote energy efficiency; d) prepare for the impacts of a changing climate; e) iv. support active transportation; f) v. are transit-supportive, where transit is planned, exists or may be developed; and g) vi. are freight-supportive; and. PDS 22-2020 Appendix 2 May 13, 2020 Page 74 Page 226 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 10 of 59 b. Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for transit-supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Intensification and redevelopment shall be directed in accordance with the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.3.4 Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. 1.1.3.5 Planning authorities shall establish and implement minimum targets for intensification and redevelopment within built-up areas, based on local conditions. However, where provincial targets are established through provincial plans, the provincial target shall represent the minimum target for affected areas. 1.1.3.6 New development taking place in designated growth areas should occur adjacent to the existing built-up area and shallshould have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities. 1.1.3.7 Planning authorities shallshould establish and implement phasing policies to ensure: a) that specified targets for intensification and redevelopment are achieved prior to, or concurrent with, new development within designated growth areas; and b) the orderly progression of development within designated growth areas and the timely provision of the infrastructure and public service facilities required to meet current and projected needs. 1.1.3.8 A planning authority may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a comprehensive review and only where it has been demonstrated that: a) sufficient opportunities forto accommodate growth and to satisfy market demand are not available through intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon; b) the infrastructure and public service facilities which are planned or available are suitable for the development over the long term, are financially viable over their life cycle, and protect public health and safety and the natural environment; PDS 22-2020 Appendix 2 May 13, 2020 Page 75 Page 227 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 11 of 59 c) in prime agricultural areas: 1. the lands do not comprise specialty crop areas; 2. alternative locations have been evaluated, and i. there are no reasonable alternatives which avoid prime agricultural areas; and ii. there are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas; d) the new or expanding settlement area is in compliance with the minimum distance separation formulae; and e) impacts from new or expanding settlement areas on agricultural operations which are adjacent or close to the settlement area are mitigated to the extent feasible. In determining the most appropriate direction for expansions to the boundaries of settlement areas or the identification of a settlement area by a planning authority, a planning authority shall apply the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. In undertaking a comprehensive review, the level of detail of the assessment should correspond with the complexity and scale of the settlement boundary expansion or development proposal. 1.1.3.9 Notwithstanding policy 1.1.3.8, municipalities may permit adjustments of settlement area boundaries outside a comprehensive review provided: a) there would be no net increase in land within the settlement areas; b) the adjustment would support the municipality’s ability to meet intensification and redevelopment targets established by the municipality; c) prime agricultural areas are addressed in accordance with 1.1.3.8 (c), (d) and (e); and d) the settlement area to which lands would be added is appropriately serviced and there is sufficient reserve infrastructure capacity to service the lands. 1.1.4 Rural Areas in Municipalities Rural areas are important to the economic success of the Province and our quality of life. Rural areas are a system of lands that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and other resource areas. Rural areas and urban areas are interdependent in terms of markets, resources and amenities. It is important to leverage rural assets and amenities and protect the environment as a founda tion for a sustainable economy. Ontario’s rural areas have diverse population levels, natural resources, geographies and physical characteristics, and economies. Across rural Ontario, local circumstances vary by region. For example, northern Ontario’s natural environment and vast geography offer different opportunities than the predominately agricultural areas of southern regions of the Province. PDS 22-2020 Appendix 2 May 13, 2020 Page 76 Page 228 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 12 of 59 1.1.4.1 Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; b) promoting regeneration, including the redevelopment of brownfield sites; c) accommodating an appropriate range and mix of housing in rural settlement areas; d) encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e) using rural infrastructure and public service facilities efficiently; f) promoting diversification of the economic base and employment opportunities through goods and services, including value-added products and the sustainable management or use of resources; g) providing opportunities for sustainable and diversified tourism, including leveraging historical, cultural, and natural assets; h) conserving biodiversity and considering the ecological benefits provided by nature; and i) providing opportunities for economic activities in prime agricultural areas, in accordance with policy 2.3. 1.1.4.2 In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. 1.1.4.3 When directing development in rural settlement areas in accordance with policy 1.1.3, planning authorities shall give consideration to rural characteristics, the scale of development and the provision of appropriate service levels. 1.1.4.4 Growth and development may be directed to rural lands in accordance with policy 1.1.5, including where a municipality does not have a settlement area. 1.1.5 Rural Lands in Municipalities 1.1.5.1 When directing development on rural lands, a planning authority shall apply the relevant policies of Section 1: Building Strong Healthy Communities, as well as the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 1.1.5.2 On rural lands located in municipalities, permitted uses are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings); c) limited residential development, including lot creation, that is locally appropriate; d) agricultural uses, agriculture-related uses, on-farm diversified uses and normal farm practices, in accordance with provincial standards; PDS 22-2020 Appendix 2 May 13, 2020 Page 77 Page 229 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 13 of 59 e) d) home occupations and home industries; f) e) cemeteries; and g) f) other rural land uses. 1.1.5.3 Recreational, tourism and other economic opportunities should be prom oted. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. 1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 1.1.5.6 Opportunities should be retained to locate new or expanding land uses that require separation from other uses. 1.1.5.7 Opportunities to support a diversified rural economy should be promoted by protecting agricultural and other resource-related uses and directing non-related development to areas where it will minimize constraints on these uses. 1.1.5.8 Agricultural uses, agriculture-related uses,on-farm diversified uses and normal farm practices should be promoted and protected in accordance with provincial standards. New land uses, including the creation of lots, and new or expanding livestock facilities, shall comply with the minimum distance separation formulae. 1.1.6 Territory Without Municipal Organization 1.1.6.1 On rural lands located in territory without municipal organization, the focus of development activity shall be related to the sustainable management or use of resources and resource-based recreational uses (including recreational dwellings). 1.1.6.2 Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 1.1.6.3 The establishment of new permanent townsites shall not be permitted. 1.1.6.4 In areas adjacent to and surrounding municipalities, only development that is related to the sustainable management or use of resources and resource-based recreational uses (including recreational dwellings) shall be permitted. Other uses may only be permitted if: a) the area forms part of a planning area; b) the necessary infrastructure and public service facilities are planned or available to support the development and are financially viable over their life cycle; and c) it has been determined, as part of a comprehensive review, that the impacts of development will not place an undue strain on the public service facilities and infrastructure provided by adjacent municipalities, regions and/or the Province. PDS 22-2020 Appendix 2 May 13, 2020 Page 78 Page 230 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 14 of 59 1.2 Coordination 1.2.1 A coordinated, integrated and comprehensive approach should be used when dealing with planning matters within municipalities, across lower, single and/or upper-tier municipal boundaries, and with other orders of government, agencies and boards including: a) managing and/or promoting growth and development that is integrated with infrastructure planning; b) economic development strategies; c) managing natural heritage, water, agricultural, mineral, and cultural heritage and archaeological resources; d) infrastructure, electricity generation facilities and transmission and distribution systems, multimodal transportation systems, public service facilities and waste management systems; e) ecosystem, shoreline, watershed, and Great Lakes related issues; f) natural and human-made hazards; g) population, housing and employment projections, based on regional market areas; and h) addressing housing needs in accordance with provincial policy statements such as the Ontario Housing Policy Statement: Service Manager Housing and Homelessness Plans. 1.2.2 Planning authorities are encouraged toshall engage with Indigenous communities and coordinate on land use planning matters with Aboriginal communities. 1.2.3 Planning authorities should coordinate emergency management and other economic, environmental and social planning considerations to support efficient and resilient communities. 1.2.4 Where planning is conducted by an upper-tier municipality, the upper-tier municipality in consultation with lower-tier municipalities shall: a) identify, coordinate and allocate population, housing and employment projections for lower-tier municipalities. Allocations and projections by upper-tier municipalities shall be based on and reflect provincial plans where these exist and informed by provincial guidelines; b) identify areas where growth or development will be directed, including the identification of nodes and the corridors linking these nodes; c) identify targets for intensification and redevelopment within all or any of the lower- tier municipalities, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy 1.1.3.8; PDS 22-2020 Appendix 2 May 13, 2020 Page 79 Page 231 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 15 of 59 d) where major transit corridors exist or are to be developed, identify density targets for areas adjacent or in proximity to these corridors and stations, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy 1.1.3.8; and e) identify and provide policy direction for the lower-tier municipalities on matters that cross municipal boundaries. 1.2.5 Where there is no upper-tier municipality, planning authorities shall ensure that policy 1.2.4 is addressed as part of the planning process, and should coordinate these matters with adjacent planning authorities. 1.2.6 Land Use Compatibility 1.2.6.1 Major facilities and sensitive land uses shouldshall be planned to ensure they are appropriately designed, buffered and/or separated from each otherand developed to preventavoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures. 1.2.6.2 Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted if the following are demonstrated in accordance with provincial guidelines, standards and procedures: a) there is an identified need for the proposed use; b) alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations; c) adverse effects to the proposed sensitive land use are minimized and mitigated; and d) potential impacts to industrial, manufacturing or other uses are minimized and mitigated. 1.3 Employment 1.3.1 Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment and, institutional, and broader mixed uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; PDS 22-2020 Appendix 2 May 13, 2020 Page 80 Page 232 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 16 of 59 c) facilitating the conditions for economic investment by identifying strategic sites for investment, monitoring the availability and suitability of employment sites, including market-ready sites, and seeking to address potential barriers to investment; d) c) encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities, with consideration of housing policy 1.4; and e) d) ensuring the necessary infrastructure is provided to support current and projected needs. 1.3.2 Employment Areas 1.3.2.1 Planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs. 1.3.2.2 At the time of the official plan review or update, planning authorities should assess employment areas identified in local official plans to ensure that this designation is appropriate to the planned function of the employment area. Employment areas planned for industrial and manufacturing uses shall provide for separation or mitigation from sensitive land uses to maintain the long-term operational and economic viability of the planned uses and function of these areas. 1.3.2.3 Within employment areas planned for industrial or manufacturing uses, planning authorities shall prohibit residential uses and prohibit or limit other sensitive land uses that are not ancillary to the primary employment uses in order to maintain land use compatibility. Employment areas planned for industrial or manufacturing uses should include an appropriate transition to adjacent non-employment areas. 1.3.2.24 Planning authorities may permit conversion of lands within employment areas to non- employment uses through a comprehensive review, only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion. 1.3.2.5 Notwithstanding policy 1.3.2.4, and until the official plan review or update in policy 1.3.2.4 is undertaken and completed, lands within existing employment areas may be converted to a designation that permits non-employment uses provided the area has not been identified as provincially significant through a provincial plan exercise or as regionally significant by a regional economic development corporation working together with affected upper and single-tier municipalities and subject to the following: a) there is an identified need for the conversion and the land is not required for employment purposes over the long term; PDS 22-2020 Appendix 2 May 13, 2020 Page 81 Page 233 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 17 of 59 b) the proposed uses would not adversely affect the overall viability of the employment area; and c) existing or planned infrastructure and public service facilities are available to accommodate the proposed uses. 1.3.2.36 Planning authorities shall protect employment areas in proximity to major goods movement facilities and corridors for employment uses that require those locations. 1.3.2.47 Planning authorities may plan beyond 2025 years for the long-term protection of employment areas provided lands are not designated beyond the planning horizon identified in policy 1.1.2. 1.4 Housing 1.4.1 To provide for an appropriate range and mix of housing typesoptions and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: a) maintain at all times the ability to accommodate residential growth for a minimum of 1015 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and b) maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. Upper-tier and single-tier municipalities may choose to maintain land with servicing capacity sufficient to provide at least a five-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. 1.4.2 Where planning is conducted by an upper-tier municipality: a) the land and unit supply maintained by the lower-tier municipality identified in policy 1.4.1 shall be based on and reflect the allocation of population and units by the upper-tier municipality; and b) the allocation of population and units by the upper-tier municipality shall be based on and reflect provincial plans where these exist. 1.4.3 Planning authorities shall provide for an appropriate range and mix of housing typesoptions and densities to meet projected requirementsmarket-based and affordable housing needs of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households and which aligns with applicable housing and homelessness plans. However, where planning is conducted by an upper-tier municipality, the upper-tier municipality in consultation with the PDS 22-2020 Appendix 2 May 13, 2020 Page 82 Page 234 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 18 of 59 lower-tier municipalities may identify a higher target(s) which shall represent the minimum target(s) for these lower-tier municipalities; b) permitting and facilitating: 1. all forms of housing options required to meet the social, health, economic and well-being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities; and 2. all formstypes of residential intensification, including secondadditional residential units, and redevelopment in accordance with policy 1.1.3.3; c) directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; e) requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations; and f) e) establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. 1.5 Public Spaces, Recreation, Parks, Trails and Open Space 1.5.1 Healthy, active communities should be promoted by: a) planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity; b) planning and providing for a full range and equitable distribution of publicly- accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water- based resources; c) providing opportunities for public access to shorelines; and d) recognizing provincial parks, conservation reserves, and other protected areas, and minimizing negative impacts on these areas. 1.6 Infrastructure and Public Service Facilities 1.6.1 Infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be provided in a coordinated,an efficient and cost- PDS 22-2020 Appendix 2 May 13, 2020 Page 83 Page 235 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 19 of 59 effective manner that considersprepares for the impacts fromof a changing climate change while accommodating projected needs. Planning for infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be coordinated and integrated with land use planning and growth management so that they are: a) financially viable over their life cycle, which may be demonstrated through asset management planning; and b) available to meet current and projected needs. 1.6.2 Planning authorities should promote green infrastructure to complement infrastructure. 1.6.3 Before consideration is given to developing new infrastructure and public service facilities: a) the use of existing infrastructure and public service facilities should be optimized; and b) opportunities for adaptive re-use should be considered, wherever feasible. 1.6.4 Infrastructure and public service facilities should be strategically located to support the effective and efficient delivery of emergency management services, and to ensure the protection of public health and safety in accordance with the policies in Section 3.0: Protecting Public Health and Safety. 1.6.5 Public service facilities should be co-located in community hubs, where appropriate, to promote cost-effectiveness and facilitate service integration, access to transit and active transportation. 1.6.6 Sewage, Water and Stormwater 1.6.6.1 Planning for sewage and water services shall: a) direct and accommodate expectedforecasted growth or development in a manner that promotes the efficient use and optimization of existing: 1. municipal sewage services and municipal water services; and 2. private communal sewage services and private communal water services, where municipal sewage services and municipal water services are not available or feasible; b) ensure that these systems are provided in a manner that 1. can be sustained by the water resources upon which such services rely; 2. prepares for the impacts of a changing climate; 3. 2. is feasible, and financially viable and complies with all regulatory requirementsover their lifecycle; and 4. 3. protects human health and safety, and the natural environment; PDS 22-2020 Appendix 2 May 13, 2020 Page 84 Page 236 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 20 of 59 c) promote water conservation and water use efficiency; d) integrate servicing and land use considerations at all stages of the planning process; and e) be in accordance with the servicing hierarchy outlined through policies 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5. For clarity, where municipal sewage services and municipal water services are not available, planned or feasible, planning authorities have the ability to consider the use of the servicing options set out through policies 1.6.6.3, 1.6.6.4, and 1.6.6.5 provided that the specified conditions are met. 1.6.6.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas to support protection of the environment and minimize potential risks to human health and safety. Intensification and redevelopment Within settlement areas onwith existing municipal sewage services and municipal water services should, intensification and redevelopment shall be promoted, wherever feasible to optimize the use of the services. 1.6.6.3 Where municipal sewage services and municipal water services are not providedavailable, municipalities may allow the use ofplanned or feasible, private communal sewage services and private communal water services are the preferred form of servicing for multi-unit/lot development to support protection of the environment and minimize potential risks to human health and safety. 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not providedavailable, planned or feasible, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, theseindividual on-site sewage services and individual on-site water services may only be used for infilling and minor rounding out of existing development. At the time of the official plan review or update, planning authorities should assess the long-term impacts of individual on-site sewage services and individual on-site water services on the environmental health and the character of rural settlement areas. Where planning is conducted by an upper-tier municipality, the upper-tier municipality should work with lower-tier municipalities at the time of the official plan review or update to assess the long-term impacts of individual on-site sewage services and individual on-site water services on the environmental health and the desired character of rural settlement areas and the feasibility of other forms of servicing set out in policies 1.6.6.2 and 1.6.6.3. 1.6.6.5 Partial services shall only be permitted in the following circumstances: a) where they are necessary to address failed individual on-site sewage services and individual on-site water services in existing development; or b) within settlement areas, to allow for infilling and minor rounding out of existing development on partial services provided that site conditions are suitable for the long-term provision of such services with no negative impacts. PDS 22-2020 Appendix 2 May 13, 2020 Page 85 Page 237 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 21 of 59 Where partial services have been provided to address failed services in accordance with subsection (a), infilling on existing lots of record in rural areas in municipalities may be permitted where this would represent a logical and financially viable connection to the existing partial service and provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In accordance with subsection (a), the extension of partial services into rural areas is only permitted to address failed individual on-site sewage and individual on-site water services for existing development. 1.6.6.6 Subject to the hierarchy of services provided in policie s 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5, planning authorities may allow lot creation only if there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services or private communal sewage services and private communal water services. The determination of sufficient reserve sewage system capacity shall include treatment capacity for hauled sewage from private communal sewage services and individual on-site sewage services. 1.6.6.7 Planning for stormwater management shall: a) be integrated with planning for sewage and water services and ensure that systems are optimized, feasible and financially viable over the long term; b) a) minimize, or, where possible, prevent increases in contaminant loads; c) b) minimize erosion and changes in water balance, and erosionprepare for the impacts of a changing climate through the effective management of stormwater, including the use of green infrastructure; d) c) not increasemitigate risks to human health and, safety and, property damageand the environment; e) d) maximize the extent and function of vegetative and pervious surfaces; and f) promote stormwater management best practices, including stormwater attenuation and re-use, water conservation and efficiency, and low impact development. 1.6.7 Transportation Systems 1.6.7.1 Transportation systems should be provided which are safe, energy efficient, facilitate the movement of people and goods, and are appropriate to address projected needs. 1.6.7.2 Efficient use shallshould be made of existing and planned infrastructure, including through the use of transportation demand management strategies, where feasible. 1.6.7.3 As part of a multimodal transportation system, connectivity within and among transportation systems and modes should be maintained and, where possible, improved including connections which cross jurisdictional boundaries. PDS 22-2020 Appendix 2 May 13, 2020 Page 86 Page 238 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 22 of 59 1.6.7.4 A land use pattern, density and mix of uses should be promoted that minimize the length and number of vehicle trips and support current and future use of transit and active transportation. 1.6.7.5 Transportation and land use considerations shall be integrated at all stages of the planning process. 1.6.8 Transportation and Infrastructure Corridors 1.6.8.1 Planning authorities shall plan for and protect corridors and rights-of-way for infrastructure, including transportation, transit and electricity generation facilities and transmission systems to meet current and projected needs. 1.6.8.2 Major goods movement facilities and corridors shall be protected for the long term. 1.6.8.3 Planning authorities shall not permit development in planned corridors that could preclude or negatively affect the use of the corridor for the purpose(s) for which it was identified. New development proposed on adjacent lands to existing or planned corridors and transportation facilities should be compatible with, and supportive of, the long-term purposes of the corridor and should be designed to avoid, mitigate or minimize negative impacts on and from the corridor and transportation facilities. 1.6.8.4 The preservation and reuse of abandoned corridors for purposes that maintain the corridor’s integrity and continuous linear characteristics should be encouraged, wherever feasible. 1.6.8.5 The co-location of linear infrastructure should be promoted, where appropriate. 1.6.8.56 When planning for corridors and rights-of-way for significant transportation, electricity transmission, and infrastructure facilities, consideration will be given to the significant resources in Section 2: Wise Use and Management of Resources. 1.6.9 Airports, Rail and Marine Facilities 1.6.9.1 Planning for land uses in the vicinity of airports, rail facilities and marine facilities shall be undertaken so that: a) their long-term operation and economic role is protected; and b) airports, rail facilities and marine facilities and sensitive land uses are appropriately designed, buffered and/or separated from each other, in accordance with policy 1.2.6. 1.6.9.2 Airports shall be protected from incompatible land uses and development by: a) prohibiting new residential development and other sensitive land uses in areas near airports above 30 NEF/NEP; b) considering redevelopment of existing residential uses and other sensitive land uses or infilling of residential and other sensitive land uses in areas above 30 NEF/NEP PDS 22-2020 Appendix 2 May 13, 2020 Page 87 Page 239 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 23 of 59 only if it has been demonstrated that there will be no negative impacts on the long- term function of the airport; and c) discouraging land uses which may cause a potential aviation safety hazard. 1.6.10 Waste Management 1.6.10.1 Waste management systems need to be provided that are of an appropriate size and type to accommodate present and future requirements, and facilitate, encourage and promote reduction, reuse and recycling objectives. Planning authorities should consider the implications of development and land use patterns on waste generation, management and diversion. Waste management systems shall be located and designed in accordance with provincial legislation and standards. 1.6.11 Energy supply 1.6.11.1 Planning authorities should provide opportunities for the development of energy supply including electricity generation facilities and transmission and distribution systems, to accommodate currentdistrict energy, and projected needs. 1.6.11.2 Planning authorities should promote renewable energy systems and alternative energy systems, where feasible, in accordance with provincial and federal requirementsto accommodate current and projected needs. 1.7 Long-Term Economic Prosperity 1.7.1 Long-term economic prosperity should be supported by: a) promoting opportunities for economic development and community investment- readiness; b) encouraging residential uses to respond to dynamic market-based needs and provide necessary housing supply and range of housing options for a diverse workforce; c) b) optimizing the long-term availability and use of land, resources, infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities; d) c) maintaining and, where possible, enhancing the vitality and viabilit y of downtowns and mainstreets; e) d) encouraging a sense of place, by promoting well-designed built form and cultural planning, and by conserving features that help define character, including built heritage resources and cultural heritage landscapes; f) e) promoting the redevelopment of brownfield sites; PDS 22-2020 Appendix 2 May 13, 2020 Page 88 Page 240 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 24 of 59 g) f) providing for an efficient, cost-effective, reliable multimodal transportation system that is integrated with adjacent systems and those of other jurisdictions, and is appropriate to address projected needs to support the movement of goods and people; h) g) providing opportunities for sustainable tourism development; i) h) sustaining and enhancing the viability of the agricultural system through protecting agricultural resources, minimizing land use conflicts, providing opportunities to support local food, and promotingmaintaining and improving the sustainability of agri- food and agriproduct businesses by protecting agricultural resources, and minimizing land use conflictsnetwork; j) i) promoting energy conservation and providing opportunities for development of renewableincreased energy systems and alternative energy systems, including district energysupply; k) j) minimizing negative impacts from a changing climate and considering the ecological benefits provided by nature; and l) k) encouraging efficient and coordinated communications and telecommunications infrastructure. 1.8 Energy Conservation, Air Quality and Climate Change 1.8.1 Planning authorities shall support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and preparing for the impacts of a changing climate change adaptation through land use and development patterns which: a) promote compact form and a structure of nodes and corridors; b) promote the use of active transportation and transit in and between residential, employment (including commercial and industrial) and institutional uses and other areas; c) focus major employment, commercial and other travel -intensive land uses on sites which are well served by transit where this exists or is to be developed, or designing these to facilitate the establishment of transit in the future; d) focus freight-intensive land uses to areas well served by major highways, airports, rail facilities and marine facilities; e) encourage transit-supportive development and intensification to improve the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion; f) promote design and orientation which: 1. maximizes energy efficiency and conservation, and considers the mitigating effects of vegetation; and PDS 22-2020 Appendix 2 May 13, 2020 Page 89 Page 241 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 25 of 59 2. maximizes opportunities for the use of renewable energy systems and alternative energy systems green infrastructure; and g) maximize vegetation within settlement areas, where feasible. 2.0 Wise Use and Management of Resources Ontario's long-term prosperity, environmental health, and social well-being depend on conserving biodiversity, protecting the health of the Great Lakes, and protecting natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Accordingly: 2.1 Natural Heritage 2.1.1 Natural features and areas shall be protected for the long term. 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E & 7E1, recognizing that natural heritage systems will vary in size and form in settlement areas, rural areas, and prime agricultural areas. 2.1.4 Development and site alteration shall not be permitted in: a) significant wetlands in Ecoregions 5E, 6E and 7E1; and b) significant coastal wetlands. 2.1.5 Development and site alteration shall not be permitted in: a) significant wetlands in the Canadian Shield north of Ecoregions 5E, 6E and 7E1; b) significant woodlands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River)1; c) significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River)1; d) significant wildlife habitat; e) significant areas of natural and scientific interest; and f) coastal wetlands in Ecoregions 5E, 6E and 7E1 that are not subject to policy 2.1.4(b) unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. PDS 22-2020 Appendix 2 May 13, 2020 Page 90 Page 242 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 26 of 59 1 Ecoregions 5E, 6E and 7E are shown on Figure 1. 2.1.6 Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements. 2.1.7 Development and site alteration shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements. 2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5, and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 2.1.9 Nothing in policy 2.1 is intended to limit the ability of agricultural uses to continue. 2.2 Water 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water by: a) using the watershed as the ecologically meaningful scale for integrated and long- term planning, which can be a foundation for considering cumulative impacts of development; b) minimizing potential negative impacts, including cross-jurisdictional and cross- watershed impacts; c) evaluating and preparing for the impacts of a changing climate to water resource systems at the watershed level; d) c) identifying water resource systems consisting of ground water features, hydrologic functions, natural heritage features and areas, and surface water features including shoreline areas, which are necessary for the ecological and hydrological integrity of the watershed; e) d) maintaining linkages and related functions among ground water features, hydrologic functions, natural heritage features and areas, and surface water features including shoreline areas; f) e) implementing necessary restrictions on development and site alteration to: 1. protect all municipal drinking water supplies and designated vulnerable areas; and 2. protect, improve or restore vulnerable surface and ground water, sensitive surface water features and sensitive ground water features, and their hydrologic functions; g) f) planning for efficient and sustainable use of water resources, through practices for water conservation and sustaining water quality; PDS 22-2020 Appendix 2 May 13, 2020 Page 91 Page 243 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 27 of 59 h) g) ensuring consideration of environmental lake capacity, where applicable; and i) h) ensuring stormwater management practices minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces. 2.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored. Mitigative measures and/or alternative development approaches may be required in order to protect, improve or restore sensitive surface water features, sensitive ground water features, and their hydrologic functions. 2.3 Agriculture 2.3.1 Prime agricultural areas shall be protected for long-term use for agriculture. Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall be given the highest priority for protection, followed by Canada Land Inventory Class 1, 2, and 3 lands, and any associated Class 4 through 7 lands within the prime agricultural area, in this order of priority. 2.3.2 Planning authorities shall designate prime agricultural areas and specialty crop areas in accordance with guidelines developed by the Province, as amended from time to time. Planning authorities are encouraged to use an agricultural system approach to maintain and enhance the geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network. 2.3.3 Permitted Uses 2.3.3.1 In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture-related uses and on-farm diversified uses. Proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 2.3.3.2 In prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 2.3.3.3 New land uses in prime agricultural areas, including the creation of lots, and new or expanding livestock facilities, shall comply with the minimum distance separation formulae. PDS 22-2020 Appendix 2 May 13, 2020 Page 92 Page 244 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 28 of 59 2.3.4 Lot Creation and Lot Adjustments 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c) a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with policy 2.3.4.1 (c). 2.3.5 Removal of Land from Prime Agricultural Areas 2.3.5.1 Planning authorities may only exclude land from prime agricultural areas for expansions of or identification of settlement areas in accordance with policy 1.1.3.8. 2.3.6 Non-Agricultural Uses in Prime Agricultural Areas 2.3.6.1 Planning authorities may only permit non-agricultural uses in prime agricultural areas for: a) extraction of minerals, petroleum resources and mineral aggregate resources, in accordance with policies 2.4 and 2.5; or b) limited non-residential uses, provided that all of the following are demonstrated: 1. the land does not comprise a specialty crop area; 2. The proposed use complies with the minimum distance separation formulae; PDS 22-2020 Appendix 2 May 13, 2020 Page 93 Page 245 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 29 of 59 3. there is an identified need within the planning horizon provided for in policy 1.1.2 for additional land to be designated to accommodate the proposed use; and 4. alternative locations have been evaluated, and i. there are no reasonable alternative locations which avoid prime agricultural areas; and ii. there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 2.3.6.2 Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands are to be mitigated to the extent feasible. 2.4 Minerals and Petroleum 2.4.1 Minerals and petroleum resources shall be protected for long-term use. 2.4.2 Protection of Long-Term Resource Supply 2.4.2.1 Mineral mining operations and petroleum resource operations shall be identified and protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. 2.4.2.2 Known mineral deposits, known petroleum resources and significant areas of mineral potential shall be identified and development and activities in these resources or on adjacent lands which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if: a) resource use would not be feasible; or b) the proposed land use or development serves a greater long-term public interest; and c) issues of public health, public safety and environmental impact are addressed. 2.4.3 Rehabilitation 2.4.3.1 Rehabilitation to accommodate subsequent land uses shall be required after extraction and other related activities have ceased. Progressive rehabilitation should be undertaken wherever feasible. 2.4.4 Extraction in Prime Agricultural Areas 2.4.4.1 Extraction of minerals and petroleum resources is permitted in prime agricultural areas provided that the site will be rehabilitated. PDS 22-2020 Appendix 2 May 13, 2020 Page 94 Page 246 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 30 of 59 2.5 Mineral Aggregate Resources 2.5.1 Mineral aggregate resources shall be protected for long-term use and, where provincial information is available, deposits of mineral aggregate resources shall be identified. 2.5.2 Protection of Long-Term Resource Supply 2.5.2.1 As much of the mineral aggregate resources as is realistically possible shall be made available as close to markets as possible. Demonstration of need for mineral aggregate resources, including any type of supply/demand analysis, shall not be required, notwithstanding the availability, designation or licensing for extraction of mineral aggregate resources locally or elsewhere. 2.5.2.2 Extraction shall be undertaken in a manner which minimizes social, economic and environmental impacts. 2.5.2.3 Mineral aggregate resource conservation shall be undertaken, including through the use of accessory aggregate recycling facilities within operations, wherever feasible. 2.5.2.4 Mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. Existing mineral aggregate operations shall be permitted to continue without the need for official plan amendment, rezoning or development permit under the Planning Act. Where the Aggregate Resources Act applies, only processes under the Aggregate Resources Act shall address the depth of extraction of new or existing mineral aggregate operations. When a license for extraction or operation ceases to exist, policy 2.5.2.5 continues to apply. 2.5.2.5 In known deposits of mineral aggregate resources and on adjacent lands, development and activities which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if: a) resource use would not be feasible; or b) the proposed land use or development serves a greater long-term public interest; and c) issues of public health, public safety and environmental impact are addressed. 2.5.3 Rehabilitation 2.5.3.1 Progressive and final rehabilitation shall be required to accommodate subsequent land uses, to promote land use compatibility, to recognize the interim nature of extraction, and to mitigate negative impacts to the extent possible. Final rehabilitation shall take surrounding land use and approved land use designations into consideration. PDS 22-2020 Appendix 2 May 13, 2020 Page 95 Page 247 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 31 of 59 2.5.3.2 Comprehensive rehabilitation planning is encouraged where there is a concentration of mineral aggregate operations. 2.5.3.3 In parts of the Province not designated under the Aggregate Resources Act, rehabilitation standards that are compatible with those under the Act should be adopted for extraction operations on private lands. 2.5.4 Extraction in Prime Agricultural Areas 2.5.4.1 In prime agricultural areas, on prime agricultural land, extraction of mineral aggregate resources is permitted as an interim use provided that the site will be rehabilitated back to an agricultural condition. Complete rehabilitation to an agricultural condition is not required if: a) outside of a specialty crop area, there is a substantial quantity of mineral aggregate resources below the water table warranting extraction, or the depth of planned extraction in a quarry makes restoration of pre-extraction agricultural capability unfeasible; b) in a specialty crop area, there is a substantial quantity of high qualitymineral aggregate resources below the water table warranting extraction, and the depth of planned extraction makes restoration of pre-extraction agricultural capability unfeasible; c) other alternatives have been considered by the applicant and found unsuitable. The consideration of other alternatives shall include resources in areas of Canada Land Inventory Class 4 through 7 lands, resources on lands identified as designated growth areas, and resources on prime agricultural lands where rehabilitation is feasible. Where no other alternatives are found, prime agricultural lands shall be protected in this order of priority: specialty crop areas, Canada Land Inventory Class 1, 2 and 3 lands; and d) agricultural rehabilitation in remaining areas is maximized. 2.5.5 Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete Plants 2.5.5.1 Wayside pits and quarries, portable asphalt plants and portable concrete plants used on public authority contracts shall be permitted, without the need for an official plan amendment, rezoning, or development permit under the Planning Act in all areas, except those areas of existing development or particular environmental sensitivity which have been determined to be incompatible with extraction and associated activities. 2.6 Cultural Heritage and Archaeology 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved. PDS 22-2020 Appendix 2 May 13, 2020 Page 96 Page 248 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 32 of 59 2.6.2 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved. 2.6.3 Planning authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. 2.6.4 Planning authorities should consider and promote archaeological management plans and cultural plans in conserving cultural heritage and archaeological resources. 2.6.5 Planning authorities shall engage with Indigenous communities and consider thetheir interests of Aboriginal communities in conservingwhen identifying, protecting and managing cultural heritage and archaeological resources. PDS 22-2020 Appendix 2 May 13, 2020 Page 97 Page 249 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 33 of 59 3.0 Protecting Public Health and Safety Ontario's long-term prosperity, environmental health and social well-being depend on reducing the potential for public cost or risk to Ontario’s residents from natural or human-made hazards. Development shall be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage, and not create new or aggravate existing hazards. Mitigating potential risk to public health or safety or of property damage from natural hazards, including the risks that may be associated with the impacts of a changing climate, will require the Province, planning authorities, and conservation authorities to work together. Accordingly: 3.1 Natural Hazards 3.1.1 Development shall generally be directed, in accordance with guidance developed by the Province (as amended from time to time), to areas outside of: a) hazardous lands adjacent to the shorelines of the Great Lakes - St. Lawrence River System and large inland lakes which are impacted by flooding hazards, erosion hazards and/or dynamic beach hazards; b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards; and c) hazardous sites. 3.1.2 Development and site alteration shall not be permitted within: a) the dynamic beach hazard; b) defined portions of the flooding hazard along connecting channels (the St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers); c) areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard; and d) a floodway regardless of whether the area of inundation contains high points of land not subject to flooding. 3.1.3 Planning authorities shall considerprepare for the potential impacts of a changing climate change that may increase the risk associated with natural hazards. 3.1.4 Despite policy 3.1.2, development and site alteration may be permitted in certain areas associated with the flooding hazard along river, stream and small inland lake systems: a) in those exceptional situations where a Special Policy Area has been approved. The designation of a Special Policy Area, and any change or modification to the official plan policies, land use designations or boundaries applying to Special Policy Area PDS 22-2020 Appendix 2 May 13, 2020 Page 98 Page 250 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 34 of 59 lands, must be approved by the Ministers of Municipal Affairs and Housing and Natural Resources and Forestry prior to the approval authority approving such changes or modifications; or b) where the development is limited to uses which by their nature must locate within the floodway, including flood and/or erosion control works or minor additions or passive non-structural uses which do not affect flood flows. 3.1.5 Development shall not be permitted to locate in hazardous lands and hazardous sites where the use is: a) an institutional use including hospitals, long-term care homes, retirement homes, pre-schools, school nurseries, day cares and schools; b) an essential emergency service such as that provided by fire, police and ambulance stations and electrical substations; or c) uses associated with the disposal, manufacture, treatment or storage of hazardous substances. 3.1.6 Where the two zone concept for flood plains is applied, development and site alteration may be permitted in the flood fringe, subject to appropriate floodproofing to the flooding hazard elevation or another flooding hazard standard approved by the Minister of Natural Resources and Forestry. 3.1.7 Further to policy 3.1.6, and except as prohibited in policies 3.1.2 and 3.1.5, development and site alteration may be permitted in those portions of hazardous lands and hazardous sites where the effects and risk to public safety are minor, could be mitigated in accordance with provincial standards, and where all of the following are demonstrated and achieved: a) development and site alteration is carried out in accordance with floodproofing standards, protection works standards, and access standards; b) vehicles and people have a way of safely entering and exiting the area during times of flooding, erosion and other emergencies; c) new hazards are not created and existing hazards are not aggravated; and d) no adverse environmental impacts will result. 3.1.8 Development shall generally be directed to areas outside of lands that are unsafe for development due to the presence of hazardous forest types for wildland fire. Development may however be permitted in lands with hazardous forest types for wildland fire where the risk is mitigated in accordance with wildland fire assessment and mitigation standards. PDS 22-2020 Appendix 2 May 13, 2020 Page 99 Page 251 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 35 of 59 3.2 Human-Made Hazards 3.2.1 Development on, abutting or adjacent to lands affected by mine hazards; oil, gas and salt hazards; or former mineral mining operations, mineral aggregate operations or petroleum resource operations may be permitted only if rehabilitation or other measures to address and mitigate known or suspected hazards are under way or have been completed. 3.2.2 Sites with contaminants in land or water shall be assessed and remediated as necessary prior to any activity on the site associated with the proposed use such that there will be no adverse effects. 3.2.3 Planning authorities should support, where feasible, on-site and local re-use of excess soil through planning and development approvals while protecting human health and the environment. PDS 22-2020 Appendix 2 May 13, 2020 Page 100 Page 252 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 36 of 59 4.0 Implementation and Interpretation 4.1 This Provincial Policy Statement applies to all decisions in respect of the exercise of any authority that affects a planning matter made on or after April 30, 2014May 1, 2020. 4.2 In accordance with section 3 of the Planning Act, a decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter, “shall be consistent with” this Provincial Policy Statement This Provincial Policy Statement shall be read in its entirety and all relevant policies are to be applied to each situatio n. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government “shall be consistent with” th is Provincial Policy Statement. 4.3 This Provincial Policy Statement shall be implemented in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982. 4.4 This Provincial Policy Statement shall be readimplemented in its entirety and all relevant policies are to be applied to each situationa manner that is consistent with Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms. 4.5 In implementing the Provincial Policy Statement, the Minister of Municipal Affairs and Housing may take into account other considerations when making decisions to support strong communities, a clean and healthy environment and the economic vitality of the Province. 4.6 This Provincial Policy Statement shall be implemented in a manner that is consistent with the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms. 4.7 The official plan is the most important vehicle for implementation of this Provincial Policy Statement. Comprehensive, integrated and long-term planning is best achieved through official plans. Official plans shall identify provincial interests and set out appropriate land use designations and policies. To determine the significance of some natural heritage features and other resources, evaluation may be required. Official plans should also coordinate cross-boundary matters to complement the actions of other planning authorities and promote mutually beneficial solutions. Official plans shall provide clear, reasonable and attainable policies to protect provincial interests and direct development to suitable areas. PDS 22-2020 Appendix 2 May 13, 2020 Page 101 Page 253 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 37 of 59 In order to protect provincial interests, planning authorities shall keep their official plans up-to-date with this Provincial Policy Statement. The policies of this Provincial Policy Statement continue to apply after adoption and approval of an official plan. 4.8 Zoning and development permit by-laws are important for implementation of this Provincial Policy Statement. Planning authorities shall keep their zoning and development permit by-laws up-to-date with their official plans and this Provincial Policy Statement. 4.9 The policies of this Provincial Policy Statement represent minimum standards. This Provincial Policy Statement does not prevent planning authorities and decision -makers from going beyond the minimum standards established in specific policies, unless doing so would conflict with any policy of this Provincial Policy Statement. 4.10 A wide range of legislation, regulations, policies, and plans may apply to decisions with respect to Planning Act applications. In some cases, a Planning Act proposal may also require approval under other legislation or regulation, and policies and plans issued under other legislation may also apply. 4.117 In addition to land use approvals under the Planning Act, infrastructure may also require approval under other legislation and regulations. An environmental assessment process may be applied torequired for new infrastructure and modifications to existing infrastructure under applicable legislation. There may be circumstances where land useWherever possible and practical, approvals under the Planning Act may be integrated with approvals underand other legislation, for example, integrating the planning processes and approvals under the Environmental Assessment Act and the Planning Act, or regulations should be integrated provided the intent and requirements of both Actsprocesses are met. 4.12 Provincial plans shall be read in conjunction with this Provincial Policy Statement and take precedence over policies in this Provincial Policy Statement to the extent of any conflict, except where legislation establishing provincial plans provides otherwise. Examples of these are plans created under the Niagara Escarpment Planning and Development Act, the Ontario Planning and Development Act, 1994, the Oak Ridges Moraine Conservation Act, 2001, the Greenbelt Act, 2005 and the Places to Grow Act, 2005. 4.13 Within the Great Lakes - St. Lawrence River Basin, there may be circumstances where planning authorities should consider agreements related to the protection or restoration of the Great Lakes - St. Lawrence River Basin. Examples of these agreements include Great Lakes agreements between Ontario and Canada, between Ontario, Quebec and the Great Lakes States of the United States of America, and between Canada and the United States of America. 4.148 The Province, in consultation with municipalities, Indigenous communities, other public bodies and stakeholders shall identify performance indicators for measuring the effectiveness of some or all of the policies. The Province shall monitor their PDS 22-2020 Appendix 2 May 13, 2020 Page 102 Page 254 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 38 of 59 implementation, including reviewing performance indicators concurrent with any review of this Provincial Policy Statement. 4.159 Municipalities are encouraged to establish performance indicators to monitor and report on the implementation of the policies in their official plans in accordance with any reporting requirements, data standards and any other guidelines that may be issued by the Minister. PDS 22-2020 Appendix 2 May 13, 2020 Page 103 Page 255 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 39 of 59 6.0 Definitions Access standards: means methods or procedures to ensure safe vehicular and pedestrian movement, and access for the maintenance and repair of protection works, during times of flooding hazards, erosion hazards and/or other water-related hazards. Active transportation: means human-powered travel, including but not limited to, walking, cycling, inline skating and travel with the use of mobility aids, including motorized wheelchairs and other power-assisted devices moving at a comparable speed. Adjacent lands: means a) for the purposes of policy 1.6.8.3, those lands contiguous to existing or planned corridors and transportation facilities where development would have a negative impact on the corridor or facility. The extent of the adjacent lands may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives; b) for the purposes of policy 2.1.8, those lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent of the adjacent lands may be recommended by the Province or based on municipal approaches which achieve the same objectives; c) for the purposes of policies 2.4.2.2 and 2.5.2.5, those lands contiguous to lands on the surface of known petroleum resources, mineral deposits, or deposits of mineral aggregate resources where it is likely that development would constrain future access to the resources. The extent of the adjacent lands may be recommended by the Province; and d) for the purposes of policy 2.6.3, those lands contiguous to a protected heritage property or as otherwise defined in the municipal official plan. Adverse effects: as defined in the Environmental Protection Act, means one or more of: a) impairment of the quality of the natural environment for any use that can be made of it; b) injury or damage to property or plant or animal life; c) harm or material discomfort to any person; d) an adverse effect on the health of any person; e) impairment of the safety of any person; f) rendering any property or plant or animal life unfit for human use; g) loss of enjoyment of normal use of property; and h) interference with normal conduct of business. PDS 22-2020 Appendix 2 May 13, 2020 Page 104 Page 256 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 40 of 59 Affordable: means a) in the case of ownership housing, the least expensive of: 1. housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross annual household income for low and moderate income households; or 2. housing for which the purchase price is at least 10 percent below the average purchase price of a resale unit in the regional market area; b) in the case of rental housing, the least expensive of: 1. a unit for which the rent does not exceed 30 percent of gross annual household income for low and moderate income households; or 2. a unit for which the rent is at or below the average market rent of a unit in the regional market area. Agricultural condition: means a) in regard to specialty crop areas, a condition in which substantially the same areas and same average soil capability for agriculture are restored, the same range and productivity of specialty crops common in the area can be achieved, and, where applicable, the microclimate on which the site and surrounding area may be dependent for specialty crop production will be maintained or restored; and b) in regard to prime agricultural land outside of specialty crop areas, a condition in which substantially the same areas and same average soil capabilit y for agriculture are restored. Agricultural System: A system comprised of a group of inter-connected elements that collectively create a viable, thriving agricultural sector. It has two components: a) An agricultural land base comprised of prime agricultural areas, including specialty crop areas, and rural lands that together create a continuous productive land base for agriculture; and b) An agri-food network which includes infrastructure, services, and assets important to the viability of the agri-food sector. Agricultural uses: means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on- farm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full -time farm labour when the size and nature of the operation requires additional employment. Agri-food network: Within the agricultural system, a network that includes elements important to the viability of the agri-food sector such as regional infrastructure and transportation networks; on-farm buildings and infrastructure; agricultural services, farm markets, distributors, and primary processing; and vibrant, agriculture-supportive communities. PDS 22-2020 Appendix 2 May 13, 2020 Page 105 Page 257 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 41 of 59 Agri-tourism uses: means those farm-related tourism uses, including limited accommodation such as a bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. Agriculture-related uses: means those farm- related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. Airports: means all Ontario airports, including designated lands for future airports, with Noise Exposure Forecast (NEF)/Noise Exposure Projection (NEP) mapping. Alternative energy system: means a system that uses sources of energy or energy conversion processes to produce power, heat and/or cooling that significantly reduces the amount of harmful emissions to the environment (air, earth and water) when compared to conventional energy systems. Archaeological resources: includes artifacts, archaeological sites, marine archaeological sites, as defined under the Ontario Heritage Act. The identification and evaluation of such resources are based upon archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. Areas of archaeological potential: means areas with the likelihood to contain archaeological resources. MethodsCriteria to identify archaeological potential are established by the Province, but municipal approaches which achieve the same objectives may also be used. The Ontario Heritage Act requires archaeological potential to be confirmed through archaeological fieldworkby a licensed archaeologist. Areas of mineral potential: means areas favourable to the discovery of mineral deposits due to geology, the presence of known mineral deposits or other technical evidence. Areas of natural and scientific interest (ANSI): means areas of land and water containing natural landscapes or features that have been identified as having life science or earth science values related to protection, scientific study or education. Brownfield sites: means undeveloped or previously developed properties that may be contaminated. They are usually, but not exclusively, former industrial or commercial properties that may be underutilized, derelict or vacant. Built heritage resource: means a building, structure, monument, installation or any manufactured or constructed part or remnant that contributes to a property’s cultural heritage value or interest as identified by a community, including an AboriginalIndigenous community. Built heritage resources are generally located on property that has beenmay be designated under Parts IV or V of the Ontario Heritage Act, or that may be included on local, provincial, federal and/or federalinternational registers. Coastal wetland: means PDS 22-2020 Appendix 2 May 13, 2020 Page 106 Page 258 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 42 of 59 a) any wetland that is located on one of the Great Lakes or their connecting channels (Lake St. Clair, St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers); or b) any other wetland that is on a tributary to any of the above-specified water bodies and lies, either wholly or in part, downstream of a line located 2 kilometres upstream of the 1:100 year floodline (plus wave run-up) of the large water body to which the tributary is connected. Comprehensive rehabilitation: means rehabilitation of land from which mineral aggregate resources have been extracted that is coordinated and complementary, to the extent possible, with the rehabilitation of other sites in an area where there is a hi gh concentration of mineral aggregate operations. Comprehensive review: means a) for the purposes of policies 1.1.3.8, 1.1.3.9 and 1.3.2.21.3.2.4, an official plan review which is initiated by a planning authority, or an official plan amendment which is initiated or adopted by a planning authority, which: 1. is based on a review of population and employment projections and which reflect projections and allocations by upper-tier municipalities and provincial plans, where applicable; considers alternative directions for growth or development; and determines how best to accommodate the development while protecting provincial interests; 2. utilizes opportunities to accommodate projected growth or development through intensification and redevelopment; and considers physical constraints to accommodating the proposed development within existing settlement area boundaries; 3. is integrated with planning for infrastructure and public service facilities, and considers financial viability over the life cycle of these assets, which may be demonstrated through asset management planning; 4. confirms sufficient water quality, quantity and assimilative capacity of receiving water are available to accommodate the proposed development; 5. confirms that sewage and water services can be provided in accordance with policy 1.6.6; and 6. considers cross-jurisdictional issues. b) for the purposes of policy 1.1.6, means a review undertaken by a planning authority or comparable body which: 1. addresses long-term population projections, infrastructure requirements and related matters; 2. confirms that the lands to be developed do not comprise specialty crop areas in accordance with policy 2.3.2; and 3. considers cross-jurisdictional issues. PDS 22-2020 Appendix 2 May 13, 2020 Page 107 Page 259 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 43 of 59 In undertaking a comprehensive review the level of detail of the assessment should correspond with the complexity and scale of the settlement boundary or development proposal. Conserved: means the identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, and/or heritage impact assessment that has been approved, accepted or adopted by the relevant planning authority and/or decision-maker. Mitigative measures and/or alternative development approaches can be included in these plans and assessments. Cultural heritage landscape: means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an AboriginalIndigenous community. The area may involveinclude features such as buildings, structures, spaces, views, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Examples may include, but are not limited to, heritage conservation districts designatedCultural heritage landscapes may be properties that have been determined to have cultural heritage value or interest under the Ontario Heritage Act; villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways, viewsheds, natural areas and industrial complexes of heritage significance; and areas recognized by, or have been included on federal and/or international designation authorities (e.g. a National Historic Site or District designation registers, and/or a .U.N.E.S.C.O. World Heritage Site)protected through official plan, zoning by-law, or other land use planning mechanisms. Defined portions of the one hundred year flood levelflooding hazard along connecting channels: means those areas which are critical to the conveyance of the flows associated with the one hundred year flood level along the St. Marys, St. Clair, Detroit, Niagara and St. Lawrence Rivers, where development or site alteration will create flooding hazards, cause updrift and/or downdrift impacts and/or cause adverse environmental impacts. Deposits of mineral aggregate resources: means an area of identified mineral aggregate resources, as delineated in Aggregate Resource Inventory Papers or comprehensive studies prepared using evaluation procedures established by the Province for surficial and bedrock resources, as amended from time to time, that has a sufficient quantity and quality to warrant present or future extraction. Designated and available: means lands designated in the official plan for urban residential use. For municipalities where more detailed official plan policies (e.g. secondary plans) are required before development applications can be considered for approval, only lands that have commenced the more detailed planning process are considered to be designated and available for the purposes of this definition. Designated growth areas: means lands within settlement areas designated in an official plan for growth over the long-term planning horizon provided in policy 1.1.2, but which have not yet been fully developed. Designated growth areas include lands which are designated and available for residential growth in accordance with policy 1.4.1 (a), as well as lands required for employment and other uses. PDS 22-2020 Appendix 2 May 13, 2020 Page 108 Page 260 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 44 of 59 Designated vulnerable area: means areas defined as vulnerable, in accordance with provincial standards, by virtue of their importance as a drinking water source. Development: means the creation of a new lot, a change in land use, or the construction of buildings and structures, requiring approval under the Planning Act, but does not include: a) activities that create or maintain infrastructure authorized under an environmental assessment process; b) works subject to the Drainage Act; or c) for the purposes of policy 2.1.4(a), underground or surface mining of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where advanced exploration has the same meaning as under the Mining Act. Instead, those matters shall be subject to policy 2.1.5(a). Dynamic beach hazard: means areas of inherently unstable accumulations of shoreline sediments along the Great Lakes - St. Lawrence River System and large inland lakes, as identified by provincial standards, as amended from time to time. The dynamic beach hazard limit consists of the flooding hazard limit plus a dynamic beach allowance. Ecological function: means the natural processes, products or services that living and non- living environments provide or perform within or between species, ecosystems and landscapes. These may include biological, physical and socio-economic interactions. Employment area: means those areas designated in an official plan for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices, and associated retail and ancillary facilities. Endangered species: means a species that is listed or categorizedclassified as an “Endangered Species” on the Ontario Ministry of Natural Resources' official Species at Risk in Ontario List, as updated and amended from time to time. Erosion hazard: means the loss of land, due to human or natural processes, that poses a threat to life and property. The erosion hazard limit is determined using considerations that include the 100 year erosion rate (the average annual rate of recession extended over a one hundred year time span), an allowance for slope stability, and an erosion/erosion access allowance. Essential emergency service: means services which would be impaired during an emergency as a result of flooding, the failure of floodproofing measures and/or protection works, and/or erosion. Fish: means fish, which as defined in the Fisheries Act, includes fish, shellfish, crustaceans, and marine animals, at all stages of their life cycles. Fish habitat: as defined in the Fisheries Act, means spawning grounds and any other areas, including nursery, rearing, food supply, and migration areas on which fish depend directly or indirectly in order to carry out their life processes. PDS 22-2020 Appendix 2 May 13, 2020 Page 109 Page 261 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 45 of 59 Flood fringe: for river, stream and small inland lake systems, means the outer portion of the flood plain between the floodway and the flooding hazard limit. Depths and velocities of flooding are generally less severe in the flood fringe than those experienced in the floodway. Flood plain: for river, stream and small inland lake systems, means the area, usually low lands adjoining a watercourse, which has been or may be subject to flooding hazards. Flooding hazard: means the inundation, under the conditions specified below, of areas adjacent to a shoreline or a river or stream system and not ordinarily covered by water: a) along the shorelines of the Great Lakes - St. Lawrence River System and large inland lakes, the flooding hazard limit is based on the one hundred year flood level plus an allowance for wave uprush and other water- related hazards; b) along river, stream and small inland lake systems, the flooding hazard limit is the greater of: 1. the flood resulting from the rainfall actually experienced during a major storm such as the Hurricane Hazel storm (1954) or the Timmins storm (1961), transposed over a specific watershed and combined with the local conditions, where evidence suggests that the storm event could have potentially occurred over watersheds in the general area; 2. the one hundred year flood; and 3. a flood which is greater than 1. or 2. which was actually experienced in a particular watershed or portion thereof as a result of ice jams and which has been approved as the standard for that specific area by the Minister of Natural Resources and Forestry; c) except where the use of the one hundred year flood or the actually experienced event has been approved by the Minister of Natural Resources and Forestry as the standard for a specific watershed (where the past history of flooding supports the lowering of the standard). Floodproofing standard: means the combination of measures incorporated into the basic design and/or construction of buildings, structures, or properties to reduce or eliminate flooding hazards, wave uprush and other water- related hazards along the shorelines of the Great Lakes - St. Lawrence River System and large inland lakes, and flooding hazards along river, stream and small inland lake systems. Floodway: for river, stream and small inland lake systems, means the portion of the flood plain where development and site alteration would cause a danger to public health and safety or property damage. Where the one zone concept is applied, the floodway is the entire contiguous flood plain. Where the two zone concept is applied, the floodway is the contiguous inner portion of the flood plain, representing that area required for the safe passage of flood flow and/or that area where flood depths and/or velocities are considered to be such that they pose a potential threat to life PDS 22-2020 Appendix 2 May 13, 2020 Page 110 Page 262 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 46 of 59 and/or property damage. Where the two zone concept applies, the outer portion of the flood plain is called the flood fringe. Freight-supportive: in regard to land use patterns, means transportation systems and facilities that facilitate the movement of goods. This includes policies or programs intended to support efficient freight movement through the planning, design and operation of land use and transportation systems. Approaches may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives. Great Lakes - St. Lawrence River System: means the major water system consisting of Lakes Superior, Huron, St. Clair, Erie and Ontario and their connecting channels, and the St. Lawrence River within the boundaries of the Province of Ontario. Green infrastructure: means natural and human-made elements that provide ecological and hydrological functions and processes. Green infrastructure can include components such as natural heritage features and systems, parklands, stormwater management systems, street trees, urban forests, natural channels, permeable surfaces, and green roofs. Ground water feature: refers tomeans water-related features in the earth’s subsurface, including recharge/discharge areas, water tables, aquifers and unsaturated zones that can be defined by surface and subsurface hydrogeologic investigations. Habitat of endangered species and threatened species: means a) with respect to a species listed on the Species at Risk in Ontario List as an endangered or threatened species for which a regulation made under clause 55(1)(a) habitat within the meaning of Section 2 of the Endangered Species Act, 2007 is in force, the area prescribed by that regulation as the habitat of the species; b) with respect to any other species listed on the Species at Risk in Ontario List as an endangered or threatened species, an area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding, as approved by the Ontario Ministry of Natural Resources; and c) places in the areas described in clause (a) or (b), whichever is applicable, that are used by members of the species as dens, nests, hibernacula or other residences. Hazardous forest types for wildland fire: means forest types assessed as being associated with the risk of high to extreme wildland fire using risk assessment tools established by the Ontario Ministry of Natural Resources and Forestry, as amended from time to time. Hazardous lands: means property or lands that could be unsafe for development due to naturally occurring processes. Along the shorelines of the Great Lakes - St. Lawrence River System, this means the land, including that covered by water, between the international boundary, where applicable, and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along the shorelines of large inland lakes, this means the land, including that covered by water, between a defined offshore distance or depth and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. PDS 22-2020 Appendix 2 May 13, 2020 Page 111 Page 263 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 47 of 59 Along river, stream and small inland lake systems, this means the land, including that covered by water, to the furthest landward limit of the flooding hazard or erosion hazard limits. Hazardous sites: means property or lands that could be unsafe for development and site alteration due to naturally occurring hazards. These may include unstable soils (sensitive marine clays [leda], organic soils) or unstable bedrock (karst topography). Hazardous substances: means substances which, individually, or in combination with other substances, are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide array of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. Heritage attributes: means the principal features or elements that contribute to a protected heritage property’s cultural heritage value or interest, and may include the property’s built, constructed, or manufactured elements, as well as natural landforms, vegetation, water features, and its visual setting (includinge.g. significant views or vistas to or from a protected heritage property). High quality: means primary and secondary sand and gravel resources and bedrock resources as defined in the Aggregate Resource Inventory Papers (ARIP). Housing options: means a range of housing types such as, but not limited to single- detached, semi-detached, rowhouses, townhouses, stacked townhouses, multiplexes, additional residential units, tiny homes, multi- residential buildings. The term can also refer to a variety of housing arrangements and forms such as, but not limited to life lease housing, co- ownership housing, co-operative housing, community land trusts, land lease community homes, affordable housing, housing for people with special needs, and housing related to employment, institutional or educational uses. Hydrologic function: means the functions of the hydrological cycle that include the occurrence, circulation, distribution and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water'’s interaction with the environment including its relation to living things. Impacts of a changing climate: means the present and future consequences from changes in weather patterns at local and regional levels including extreme weather events and increased climate variability. Individual on-site sewage services: means sewage systems, as defined in O. Reg. 332/12 under the Building Code Act, 1992, that are owned, operated and managed by the owner of the property upon which the system is located. Individual on-site water services: means individual, autonomous water supply systems that are owned, operated and managed by the owner of the property upon which the system is located. Infrastructure: means physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: sewage and water systems, septage treatment systems, stormwater management systems, waste management systems, electricity generation facilities, PDS 22-2020 Appendix 2 May 13, 2020 Page 112 Page 264 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 48 of 59 electricity transmission and distribution systems, communications/telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities. Institutional use: for the purposes of policy 3.1.5, means land uses where there is a threat to the safe evacuation of vulnerable populations such as older persons, persons with disabilities, and those who are sick or young, during an emergency as a result of flooding, failure of floodproofing measures or protection works, or erosion. Intensification: means the development of a property, site or area at a higher density than currently exists through: a) redevelopment, including the reuse of brownfield sites; b) the development of vacant and/or underutilized lots within previously developed areas; c) infill development; and d) the expansion or conversion of existing buildings. Large inland lakes: means those waterbodies having a surface area of equal to or greater than 100 square kilometres where there is not a measurable or predictable response to a single runoff event. Legal or technical reasons: means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. Low and moderate income households: means a) in the case of ownership housing, households with incomes in the lowest 60 percent of the income distribution for the regional market area; or b) in the case of rental housing, households with incomes in the lowest 60 percent of the income distribution for renter households for the regional market area. Major facilities: means facilities which may require separation from sensitive land uses, including but not limited to airports, manufacturing uses, transportation infrastructure and corridors, rail facilities, marine facilities, sewage treatment facilities, waste management systems, oil and gas pipelines, industries, energy generation facilities and transmission systems, and resource extraction activities. Major goods movement facilities and corridors: means transportation facilities and corridors associated with the inter- and intra- provincial movement of goods. Examples include: inter- modal facilities, ports, airports, rail facilities, truck terminals, freight corridors, freight facilities, and haul routes and primary transportation corridors used for the movement of goods. Approaches that are freight- supportive may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives. Marine facilities: means ferries, harbours, ports, ferry terminals, canals and associated uses, including designated lands for future marine facilities. PDS 22-2020 Appendix 2 May 13, 2020 Page 113 Page 265 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 49 of 59 Mine hazard: means any feature of a mine as defined under the Mining Act, or any related disturbance of the ground that has not been rehabilitated. Minerals: means metallic minerals and non- metallic minerals as herein defined, but does not include mineral aggregate resources or petroleum resources. Metallic minerals means those minerals from which metals (e.g. copper, nickel, gold) are derived. Non-metallic minerals means those minerals that are of value for intrinsic properties of the minerals themselves and not as a source of metal. They are generally synonymous with industrial minerals (e.g. asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, and wollastonite). Mineral aggregate operation: means a) lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act; b) for lands not designated under the Aggregate Resources Act, established pits and quarries that are not in contravention of municipal zoning by-laws and including adjacent land under agreement with or owned by the operator, to permit continuation of the operation; and c) associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products. Mineral aggregate resources: means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act. Mineral aggregate resource conservation: means a) the recovery and recycling of manufactured materials derived from mineral aggregates (e.g. glass, porcelain, brick, concrete, asphalt, slag, etc.), for re -use in construction, manufacturing, industrial or maintenance projects as a substitute for new mineral aggregates; and b) the wise use of mineral aggregates including utilization or extraction of on-site mineral aggregate resources prior to development occurring. Mineral deposits: means areas of identified minerals that have sufficient quantity and quality based on specific geological evidence to warrant present or future extraction. Mineral mining operation: means mining operations and associated facilities, or, past producing mines with remaining mineral development potential that have not been permanently rehabilitated to another use. PDS 22-2020 Appendix 2 May 13, 2020 Page 114 Page 266 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 50 of 59 Minimum distance separation formulae: means formulae and guidelines developed by the Province, as amended from time to time, to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. Multimodal transportation system: means a transportation system which may include several forms of transportation such as automobiles, walking, trucks, cycling, buses, rapid transit, rail (such as commuter and freight), air and marine. Municipal sewage services: means a sewage works within the meaning of section 1 of the Ontario Water Resources Act that is owned or operated by a municipality, including centralized and decentralized systems. Municipal water services: means a municipal drinking-water system within the meaning of section 2 of the Safe Drinking Water Act, 2002, including centralized and decentralized systems. Natural heritage features and areas: means features and areas, including significant wetlands, significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant woodlands and significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River), habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Natural heritage system: means a system made up of natural heritage features and areas, and linkages intended to provide connectivity (at the regional or site level) and support natural processes which are necessary to maintain biological and geological diversity, natural functions , viable populations of indigenous species, and ecosystems. These systems can include natural heritage features and areas, federal and provincial parks and conservation reserves, other natural heritage features, lands that have been restored or have the potential to be restored to a natural state, areas that support hydrologic functions, and working landscapes that enable ecological functions to continue. The Province has a recommended approach for identifying natural heritage systems, but municipal approaches that achieve or exceed the same objective may also be used. Negative impacts: means a) in regard to policy 1.6.6.4 and 1.6.6.5, potential risks to human health and safety and degradation to the quality and quantity of water, sensitive surface water features and sensitive ground water features, and their related hydrologic functions, due to single, multiple or successive development. Negative impacts should be assessed through environmental studies including hydrogeological or water quality impact assessments, in accordance with provincial standards; b) in regard to policy 2.2, degradation to the quality and quantity of water, sensitive surface water features and sensitive ground water features, and their related hydrologic functions, due to single, multiple or successive development or site alteration activities; PDS 22-2020 Appendix 2 May 13, 2020 Page 115 Page 267 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 51 of 59 c) in regard to fish habitat, any permanent alteration to, or destruction of fish habitat, except where, in conjunction with the appropriate authorities, it has been authori zed under the Fisheries Act; and d) in regard to other natural heritage features and areas, degradation that threatens the health and integrity of the natural features or ecological functions for which an area is identified due to single, multiple or successive development or site alteration activities. Normal farm practices: means a practice, as defined in the Farming and Food Production Protection Act, 1998, that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or makes use of innovative technology in a manner consistent with proper advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act, 2002 and regulations made under that Act. Oil, gas and salt hazards: means any feature of a well or work as defined under the Oil, Gas and Salt Resources Act, or any related disturbance of the ground that has not been rehabilitated. On-farm diversified uses: means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri- tourism uses, and uses that produce value- added agricultural products. Ground-mounted solar facilities are permitted in prime agricultural areas, including specialty crop areas, only as on-farm diversified uses. One hundred year flood: for river, stream and small inland lake systems, means that flood, based on an analysis of precipitation, snow melt, or a combination thereof, having a return period of 100 years on average, or having a 1% chance of occurring or being exceeded in any given year. One hundred year flood level: means a) for the shorelines of the Great Lakes, the peak instantaneous stillwater level, resulting from combinations of mean monthly lake levels and wind setups, which has a 1% chance of being equalled or exceeded in any given year; b) in the connecting channels (St. Mary’s, St. Clair, Detroit, Niagara and St. Lawrence Rivers), the peak instantaneous stillwater level which has a 1% chance of being equalled or exceeded in any given year; and c) for large inland lakes, lake levels and wind setups that have a 1% chance of being equalled or exceeded in any given year, except that, where sufficient water level records do not exist, the one hundred year flood level is based on the highest known water level and wind setups. Other water-related hazards: means water- associated phenomena other than flooding hazards and wave uprush which act on shorelines. This includes, but is not limited to ship -generated waves, ice piling and ice jamming. Partial services: means PDS 22-2020 Appendix 2 May 13, 2020 Page 116 Page 268 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 52 of 59 a) municipal sewage services or private communal sewage services andcombined with individual on-site water services; or b) municipal water services or private communal water services andcombined with individual on-site sewage services. Petroleum resource operations: means oil, gas and salt wells and associated facilities and other drilling operations, oil field fluid disposal wells and associated facilities, and wells and facilities for the underground storage of natural gas and other hydrocarbons. Petroleum resources: means oil, gas, and salt (extracted by solution mining method) and formation water resources which have been identified through exploration and verified by preliminary drilling or other forms of investigation. This may include sites of former operations where resources are still present or former sites that may be converted to underground storage for natural gas or other hydrocarbons. Planned corridors: means corridors or future corridors which are required to meet projected needs, and are identified through provincial plans, preferred alignment(s) determined through the Environmental Assessment Act process, or identified through planning studies where the Ontario Ministry of Transportation, Metrolinx, Ontario Ministry of Energy, Northern Development and Mines or Independent Electricity System Operator (IESO) or any successor to those ministries or entities is actively pursuing the identification of a corridor. Approaches for the protection of planned corridors may be recommended in guidelines developed by the Province. Portable asphalt plant: means a facility a) with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process; and b) which is not of permanent construction, but which is to be dismantled at the completion of the construction project. Portable concrete plant: means a building or structure a) with equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process; and b) which is not of permanent construction, but which is designed to be dismantled at the completion of the construction project. Prime agricultural area: means areas where prime agricultural lands predominate. This includes areas of prime agricultural lands and associated Canada Land Inventory Class 4 through 7 lands, and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture. Prime agricultural areas may be identified by the Ontario Ministry of Agriculture and Food using guidelines developed by the Province as amended from time to time. A prime agricultural area may also be identified through an alternative agricultural land evaluation system approved by the Province. PDS 22-2020 Appendix 2 May 13, 2020 Page 117 Page 269 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 53 of 59 Prime agricultural land: means specialty crop areas and/or Canada Land Inventory Class 1, 2, and 3 lands, as amended from time to time, in this order of priority for protection. Private communal sewage services: means a sewage works within the meaning of section 1 of the Ontario Water Resources Act that serves six or more lots or private residences and is not owned by a municipality. Private communal water services: means a non-municipal drinking-water system within the meaning of section 2 of the Safe Drinking Water Act, 2002 that serves six or more lots or private residences. Protected heritage property: means property designated under Parts IV, V, or VI of the Ontario Heritage Act; property subject to a heritage conservation easement under Parts II or IV of the Ontario Heritage Act; property identified by the Province and prescribed public bodies as provincial heritage property under the Standards and Guidelines for Conservation of Provincial Heritage Properties; property protected under federal legislation, and U.N.E.S.C.OUNESCO World Heritage Sites. Protection works standards: means the combination of non-structural or structural works and allowances for slope stability and flooding/erosion to reduce the damage caused by flooding hazards, erosion hazards and other water-related hazards, and to allow access for their maintenance and repair. Provincial and federal requirements: means a) in regard to policy 1.6.11.2, legislation, regulations, policies and standards administered by the federal or provincial governments for the purpose of protecting the environment from potential impacts associated with energy systems and ensuring that the necessary approvals are obtained; a) b) in regard to policy 2.1.6, legislation and policies administered by the federal or provincial governments for the purpose of fisheries protection (including. fish and fish habitat), and related, scientifically established standards such as water quality criteria for protecting lake trout populations; and b) c) in regard to policy 2.1.7, legislation and policies administered by the provincial government or federal government, where applicable, for the purpose of protecting species at risk and their habitat. Provincial plan: means a provincial plan within the meaning of section 1 of the Planning Act. Public service facilities: means land, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health and educational programs, long-term care services, and cultural services. Public service facilities do not include infrastructure. PDS 22-2020 Appendix 2 May 13, 2020 Page 118 Page 270 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 54 of 59 Quality and quantity of water: is measured by indicators associated with hydrologic function such as minimum base flow, depth to water table, aquifer pressure, oxygen leve ls, suspended solids, temperature, bacteria, nutrients and hazardous contaminants, and hydrologic regime. Rail facilities: means rail corridors, rail sidings, train stations, inter-modal facilities, rail yards and associated uses, including designated lands for future rail facilities. Recreation: means leisure time activity undertaken in built or natural settings for purposes of physical activity, health benefits, sport participation and skill development, personal enjoyment, positive social interaction and the achievement of human potential. Redevelopment: means the creation of new units, uses or lots on previously developed land in existing communities, including brownfield sites. Regional market area: refers to an area that has a high degree of social and economic interaction. The upper or single-tier municipality, or planning area, will normally serve as the regional market area. However, where a regional market area extends significantly beyond these boundaries, then the regional market area may be based on the larger market area. Where regional market areas are very large and sparsely populated, a smaller area, if defined in an official plan, may be utilized. Renewable energy source: means an energy source that is renewed by natural processes and includes wind, water, biomass, biogas, biofuel, solar energy, geothermal energy and tidal forces. Renewable energy system: means a system that generates electricity, heat and/or cooling from a renewable energy source. Reserve sewage system capacity: means design or planned capacity in a centralized waste water treatment facility which is not yet committed to existing or approved development. For the purposes of policy 1.6.6.6, reserve capacity for private communal sewage services and individual on-site sewage services is considered sufficient if the hauled sewage from the development can be treated and land-applied on agricultural land under the Nutrient Management Act, or disposed of at sites approved under the Environmental Protection Act or the Ontario Water Resources Act, but not by land-applying untreated, hauled sewage. Reserve water system capacity: means design or planned capacity in a centralized water treatment facility which is not yet committed to existing or approved development. Residence surplus to a farming operation: means an existing habitable farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation). Residential intensification: means intensification of a property, site or area which results in a net increase in residential units or accommodation and includes: a) redevelopment, including the redevelopment of brownfield sites; b) the development of vacant or underutilized lots within previously developed areas; c) infill development; PDS 22-2020 Appendix 2 May 13, 2020 Page 119 Page 271 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 55 of 59 d) development and introduction of new housing options within previously developed areas; e) d) the conversion or expansion of existing industrial, commercial and institutional buildings for residential use; and f) e) the conversion or expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, secondary suites andadditional residential units, rooming houses, and other housing options. River, stream and small inland lake systems: means all watercourses, rivers, streams, and small inland lakes or waterbodies that have a measurable or predictable response to a single runoff event. Rural areas: means a system of lands within municipalities that may inclu de rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and resource areas. Rural lands: means lands which are located outside settlement areas and which are outside prime agricultural areas. Sensitive: in regard to surface water features and ground water features, means areas that are particularly susceptible to impacts from activities or events including, but not limited to, water withdrawals, and additions of pollutants. Sensitive land uses: means buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built environment. Examples may include, but are not limited to: residences, day care centres, and educational and health facilities. Settlement areas: means urban areas and rural settlement areas within municipalities (such as cities, towns, villages and hamlets) that are: a) built-up areas where development is concentrated and which have a mix of land uses; and b) lands which have been designated in an official plan for development over the long- term planning horizon provided for in policy 1.1.2. In cases where land in designated growth areas is not available, the settlement area may be no larger than the area where development is concentrated. Sewage and water services: includes municipal sewage services and municipal water services, private communal sewage services and private communal water services, individual on-site sewage services and individual on-site water services, and partial services. PDS 22-2020 Appendix 2 May 13, 2020 Page 120 Page 272 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 56 of 59 Significant: means a) in regard to wetlands, coastal wetlands and areas of natural and scientific interest, an area identified as provincially significant by the Ontario Ministry of Natural Resources and Forestry using evaluation procedures established by the Province, as amended from time to time; b) in regard to woodlands, an area which is ecologically important in terms of features such as species composition, age of trees and stand history; functionally important due to its contribution to the broader landscape because of its location, size or due to the amount of forest cover in the planning area; or economically important due to site quality, species composition, or past management history. These are to be identified using criteria established by the Ontario Ministry of Natural Resources and Forestry; c) in regard to other features and areas in policy 2.1, ecologically important in terms of features, functions, representation or amount, and contributing to the quality and diversity of an identifiable geographic area or natural heritage system; d) in regard to mineral potential, an area identified as provincially significant through evaluation procedures developed by the Province, as amended from time to time, such as the Provincially Significant Mineral Potential Index; and e) in regard to cultural heritage and archaeology, resources that have been determined to have cultural heritage value or interest. Processes and criteria for the important contribution they make to our understanding of the history of a place, an event, or a peopledetermining cultural heritage value or interest are established by the Province under the authority of the Ontario Heritage Act. Criteria for determining significance for the resources identified in sections (c)-(ed) are recommended by the Province, but municipal approaches that achieve or exceed the same objective may also be used. While some significant resources may already be identified and inventoried by official sources, the significance of others can only be determined after evaluation. Site alteration: means activities, such as grading, excavation and the placement of fill that would change the landform and natural vegetative characteristics of a site. For the purposes of policy 2.1.4(a), site alteration does not include underground or surface mining of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion 5E, where advanced exploration has the same meaning as in the Mining Act. Instead, those matters shall be subject to policy 2.1.5(a). Special needs: means any housing, including dedicated facilities, in whole or in part, that is used by people who have specific needs beyond economic needs, including but not limited to, needs such as mobility requirements or support functions required for daily living. Examples of special needs housing may include, but are not limited to, long-term care homes, adaptable and accessible housing, and housing for persons with disabilities such as physical, sensory or mental health disabilities, and housing for older persons. PDS 22-2020 Appendix 2 May 13, 2020 Page 121 Page 273 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 57 of 59 Special Policy Area: means an area within a community that has historically existed in the flood plain and where site-specific policies, approved by both the Ministers of Natural Resources and Forestry and Municipal Affairs and Housing, are intended to provide for the continued viability of existing uses (which are generally on a small scale) and address the significant social and economic hardships to the community that would result from strict adherence to provincial policies concerning development. The criteria and procedures for approval are established by the Province. A Special Policy Area is not intended to allow for new or intensified development and site alteration, if a community has feasible opportunities for development outside the flood plain. Specialty crop area: means areas designated using guidelines developed by the Province, as amended from time to time. In these areas, specialty crops are predominantly grown such as tender fruits (peaches, cherries, plums), grapes, other fruit crops, vegetable crops, greenhouse crops, and crops from agriculturally developed organic soil, usually resulting from: a) soils that have suitability to produce specialty crops, or lands that are subject to special climatic conditions, or a combination of both; b) farmers skilled in the production of specialty crops; and c) a long-term investment of capital in areas such as crops, drainage, infrastructure and related facilities and services to produce, store, or process specialty crops. Surface water feature: means water-related features on the earth’s surface, including headwaters, rivers, stream channels, inland lakes, seepage areas, recharge/discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture, soil type, vegetation or topographic characteristics. Threatened species: means a species that is listed or categorizedclassified as a “Threatened Species” on the Ontario Ministry of Natural Resources' official Species at Risk in Ontario List, as updated and amended from time to time. Transit-supportive: in regard to land use patterns, means development that makes transit viable, optimizes investments in transit infrastructure, and improves the quality of the experience of using transit. It often refers to compact, mixed-use development that has a high level of employment and residential densities, including air rights development, in proximity to transit stations, corridors and associated elements within the transportation system. Approaches may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives. Transportation demand management: means a set of strategies that result in more efficient use of the transportation system by influencing travel behaviour by mode, time of day, frequency, trip length, regulation, route, or cost. Transportation system: means a system consisting of facilities, corridors and rights-of- way for the movement of people and goods, and associated transportation facilities including transit stops and stations, sidewalks, cycle lanes, bus lanes, high occupancy vehicle lanes, rail facilities, PDS 22-2020 Appendix 2 May 13, 2020 Page 122 Page 274 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 58 of 59 parking facilities, park’n’ride lots, service centres, rest stops, vehicle inspection stations, inter - modal facilities, harbours, airports, marine facilities, ferries, canals and associated facilities such as storage and maintenance. Two zone concept: means an approach to flood plain management where the flood plain is differentiated in two parts: the floodway and the flood fringe. Valleylands: means a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year. Vulnerable: means surface and/or ground water that can be easily changed or impacted. Waste management system: means sites and facilities to accommodate solid waste from one or more municipalities and includes recycling facilities, transfer stations, processing sites and disposal sites. Watershed: means an area that is drained by a river and its tributaries. Wave uprush: means the rush of water up onto a shoreline or structure following the breaking of a wave; the limit of wave uprush is the point of furthest landward rush of water onto the shoreline. Wayside pits and quarries: means a temporary pit or quarry opened and used by or for a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. Wetlands: means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Periodically soaked or wet lands being used for agricultural purposes which no longer exhibit wetland characteristics are not considered to b e wetlands for the purposes of this definition. WildlifeWildland fire assessment and mitigation standards: means the combination of risk assessment tools and environmentally appropriate mitigation measures identified by the Ontario Ministry of Natural Resources and Forestry to be incorporated into the design, construction and/or modification of buildings, structures, properties and/or communities to reduce the risk to public safety, infrastructure and property from wildland fire. Wildlife habitat: means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory or non- migratory species. PDS 22-2020 Appendix 2 May 13, 2020 Page 123 Page 275 of 374 Blackline Comparison between the PPS, 2014 and PPS, 2020 Page 59 of 59 Woodlands: means treed areas that provide environmental and economic benefits to both the private landowner and the general public, such as erosion prevention, hydrological and nutrient cycling, provision of clean air and the long-term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities, and the sustainable harvest of a wide range of woodland products. Woodlands include treed areas, woodlots or forested areas and vary in their level of significance at the local, regional and provincial levels. Woodlands may be delineated according to the Forestry Act definition or the Province’s Ecological Land Classification system definition for “forest”. PDS 22-2020 Appendix 2 May 13, 2020 Page 124 Page 276 of 374 1 Heather Ruzylo To:Bill Matson Subject:NFCHA - Niagara Falls Canada Hotel Association From: Doug Birrell <adb@overlookingthefalls.com> Sent: Monday, June 1, 2020 12:26 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca>; Andrei Kun <AndreiKun<AKun@FallsviewCasinoResort.com>; Ann Marie Nitsopoulis <amn@oldstoneinnhotel.com>; Anthony Menechella <amenechella@fallsviewgroup.com>; chris mason <chrism@niagarafallshotels.com>; don calaguiro <donc@niagarafallshotels.com>; Eric Marcon <eric@hojobythefalls.com>; Jim Graham <Jim.Graham@niagarafallshilton.com>; len cade <lensdesk@cairncroft.com>; Patrick Regina <patrickr@fallsview.com>; patrick steier <psteier@n21inc.com>; Tish <Tishd@americananiagara.com>; Vince Kerrio <vk@oakeshotel.ca>; Wade Daniel <wdaniel@greatwolfniagara.com> Subject: Mayor Diodati and members of City Council: Mr. Mayor, First, I would like to thank you and your senior staff and members of council for your support in assisting business and residents during this pandemic, and for your leadership in advocating for assistance with other levels of government. One of the initial key relief actions, you provided was to give an extension or forgiveness on when our property taxes are due, and we appreciate this. These taxes will become due in June. At this stage, we now understand that this pandemic will have a much more egregious impact resulting in a much longer recovery than originally anticipated, and most of the tourist sector and other related business and industry will suffer substantial losses, at least throughout the next 12 months. Based on this , I am requesting that you and council consider a further extension, (penalty free), of at least another 120 days. We appreciate your consideration, and please keep up the great work you are doing to assist us all , in this time of need, A. Douglas Birrell Niagara Falls Canada Hotel Association adb@overlookingthefalls.com Tel: (905) 358 4684 6546 Fallsview Blvd, Niagara Falls, Page 277 of 374 SENIORS MONTH PROCLAMATION JUNE 1 -30, 2020 WHEREAS, Senior’s Month is an annual province-wide celebration; WHEREAS, seniors have contributed and continue to contribute immensely to the life and vibrancy of this community; WHEREAS, seniors continue to serve as leaders, mentors, volunteers and important and active members of this community; WHEREAS, seniors have contributed and continue to contribute immensely to the life and vibrancy of this community; WHEREAS, their contributions past and present warrant appreciation and recognition and their stories deserve to be told; WHEREAS, the health and well-being of seniors is in the interest of all and further adds to the health and well-being of the community; THEREFORE, I, Jim Diodati Mayor, of The City of Niagara Falls do hereby proclaim June 1-30, 2020, Senior’s Month in The City of Niagara Falls and encourage all citizens to recognize and celebrate the accomplishments of our seniors. THEREFORE, I , James M. Diodati, Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council, in recognition of the benefits and values of Seniors in Niagara Falls, do hereby designate the month of June as Seniors Month. _______________________________ Jim Diodati, Mayor Page 278 of 374 Bill S-211: Recognizing June 19 as the Canadian Sickle Cell Awareness Day Page 279 of 374 Page 280 of 374 3 Sickle Cell Disease (SCD) is the most common genetic disease in the world. According to the World Health Organization (WHO) estimates, sickle-cell anemia affects nearly 100 million people throughout the world. Tragically, the majority of these individuals will die in childhood due to lack of basic care, and those who survive into adulthood too often face a life of chronic disability and premature death unless disease-modifying therapy can be provided. In Canada, estimated 5000 persons live with SCD and up to 25%1 of Canadians from ethnic roots in regions of the world traditionally affected by malaria may carry the trait. RECOGNITION OF SCD IN CANADA • The World Health Organization (2006) and United Nations (2008) have designated the 19th day of June every year as World Sickle Cell Day (WSCD). Canada has yet to recognize this date. • The province of Nova Scotia, cities of Markham and Toronto and town of Ajax (Ontario) are the only jurisdictions recognizing June 19th as WSCD. • On December 8th 2015 Hon. Jane Cordy introduced Bill S-211- An Act respecting National Sickle Cell Awareness Day. This bill has passed 1st reading and is currently in 2nd reading. The World Health Organization (WHO) and the United Nations have recognized SCD as a global public health priority. The WHO therefore urges countries affected by SCD to establish health programs at the national level and promote access to medical services for people affected by the disease2 Page 281 of 374 4 WHAT IS SCD? SCD or sickle cell anemia is a hereditary genetic disease characterized by the presence of abnormal crescent-shaped red blood cells. People with SCD have abnormal hemoglobin (called hemoglobin S or sickle haemoglobin) in their red blood cells. Hemoglobin is a protein in red blood cells that carries oxygen throughout the body. The abnormal shaped red cells cause a lack of tissue oxygen, which in turn can cause sudden attacks of excruciating pain, called pain crises. These pain attacks can occur without warning, with levels of pain often described as the same or worse than childbirth labour pain and cancer related pain. The red cell sickling and poor oxygen delivery can also cause organ damage. Over a lifetime, SCD can harm a person’s spleen, brain, eyes, lungs, liver, heart, kidneys, joints, bones, or skin. It can cause stroke in even children as young as two years old! At the present time, hematopoietic stem cell transplantation is the only cure for SCD. Canadians affected by sickle cell disease come from diverse ethnic backgrounds - African, Caribbean, Mediterranean, Middle East, South America, and South Asia. What is Sickle Cell Trait (SCT) People with the SCT have inherited a copy of genes for normal haemoglobin from one parent and genes for sickle cell hemoglobin from the other parent. While these individuals are not sick themselves, they run the risk of passing the gene to their own children. Sickle cell trait occurs in approximately 300 million people worldwide, with the highest prevalence of approximately 30% to 40% in sub-Saharan Africa3. Page 282 of 374 5 CURRENT STATE OF SCD IN CANADA If living in Canada with SCD, you, your child or family member: • May not have access to comprehensive care including lifesaving treatments, drugs and knowledgeable care providers • May be stigmatized and branded as “drug seekers” when presenting for medical treatment for vaso-occlusive pain crises, and then denied access to effective pain medications • Often have quality of life that is lower than your friends and other Canadians without SCD • Have a life expectancy that is significantly reduced by about 25 to 30 years compared to other Canadians without SCD • May have your children born with the condition without diagnosis until after a critical window to provide life-saving treatment has passed. This is because new born screening for SCD is not universal and currently provinces of Alberta, Manitoba, Saskatchewan, Newfoundland & Labrador and Northwest territories are not screening newborns for hemoglobinopathies. • May have children born with sickle cell trait, even in provinces with newborn screening, and not be aware that they, too, are at risk of having an affected child of their own WHAT WE NEED FROM YOU: Vote in support of Bill S211- An Act Respecting June 19th as the National Sickle Cell Awareness Day Page 283 of 374 6 Bill S-211 Currently in 2nd reading, Bill S-211 was introduced by Senator Jane Cordy on December 8th 2015. It is an Act respecting National Sickle Cell Awareness Day. WHY MUST BILL S-211 PASS AS LAW? • Currently Canada witnesses about 120 new births yearly and number continues to rise • International migration further increases the population prevalence in Canada • Canada continues to lose many youths and children to preventable complications of SCD. • The first step towards reducing the number of new SCD births is increasing awareness of the disease. Establishing a national awareness day will be an important step towards identifying at risk individuals, providing them preventative care, and decreasing the burden of illness that would otherwise result for both family members and the medical system as a whole. About the SCDAC The Sickle Cell Disease Association of Canada Established in 2012, SCDAC is a national patient association advocating for comprehensive healthcare system across Canada for individuals and families with sickle cell disease (SCD). Through its educational programs, the SCDAC is improving knowledge translation among health care providers and management of SCD among patients and families. SCDAC works with governments, researchers, clinicians and industry to increase awareness of SCD and advance the current care and treatments with the goal of improving the quality of life of affected individuals and their families. References: SCAGO. (March 2007). Sickle Cell Disease within the at Risk Communities. Sickle Cell Awareness Group of Ontario. Retrieved from sicklecellanemia.ca United Nations. (December, 2008). Adopting Consensus Text, General Assembly Urges Member States, United Nations System To Raise Awareness Of Sickle–Cell Anaemia On 19 June Each Year. United Nations © 2014, New York. Retrieved from http://www.un.org/press/en/2008/ga10803.doc.htm Tsaras, Geoffrey. Owusu-Ansah, Amma. Owusua Boateng, Freda. Amoateng-Adjepong, Yaw. (June, 2009). Complications Associated with Sickle Cell Trait: A Brief Narrative Review .The American Journal of Medicine, Vol 122, No 6. Retrieved from http://www.ncbi.nlm.nih.gov/pubmed/19393983 Page 284 of 374 Page 285 of 374 Lanre Tunji-Ajayi, President and Executive Director Sickle Cell Disease Association of Canada/Association d’Anémie Falciforme du Canada (SCDAC/AAFC) Unit 34, 260 Adelaide St. E, Toronto, ON M5A 1N1 Canada E-mail: president@sicklecelldisease.ca Copy: communication@sicklecelldisease.ca Page 286 of 374 May 13, 2020 City of Niagara Falls 4310 Queen Street Niagara Falls, ON Canada L2E 6X5 Dear Mayor and Chief Administrative Officer: I would like to take this opportunity to introduce myself as the Communications and Marketing Manager for the Sickle Cell Awareness Group of Ontario (SCAGO). Sickle Cell Awareness Group of Ontario also known as SCAGO is a member organization under the national umbrella of the Sickle Cell Disease Association of Canada. It was established in 2005 to: ●Improve treatment and care received by patients living with SCD by providing better education about the disease to the medical and allied health professionals. ●Educate the community on SCD and sickle cell trait with the expected outcome of reducing the number of children born with the disease. ●Support those living with the disease by providing access to peer support group meetings,scholarships,learning for life seminars and advocating on their behalves with the Ontario Ministry of Health. Sickle Cell Disease (SCD)or Sickle Cell Anaemia is a hereditary genetic disease characterized by the presence of abnormal crescent-shaped red blood cells.It affects Canadians of Asian, African,Mediterranean,Middle Eastern and Caribbean heritage.In 2005,it was estimated that over 2000 Ontarians are living with sickle cell disease and up to one in four from some specific cultural background carries the sickle cell trait.Most recent reports show that the incidence of SCD in Ontario is 1 in 2800 births (2015). World Sickle Cell Day is observed on June 19 and has been recognized by the United Nation since 2008.On November 22,2017,the Canadian government passed Bill S-211,enacting June 19th every year as “National Sickle Cell Awareness Day”.World Sickle Cell Day was created to encourage global awareness and action to bring awareness through information, activities and concern.Globally,SCD has been recognized as a huge public health problem and 1 235-415 Oakdale Rd. North York, ON. M3N 1W7. www.sicklecellanemia.ca Page 287 of 374 “one of the world’s foremost genetic diseases”(World Health Organization).According,to WHO there are nearly 100 million people throughout the world affected by SCD and 300 million people who carry the SCD trait. We are requesting the City of Niagara Falls to sign a Proclamation to recognize World Sickle Cell Day on June 19, 2020. Our missions below are aligned with the aim of a proclamation: ●Increase public awareness of sickle cell disease ●The great importance of education on SCD and the importance of genetic testing.This may reduce the # of new births. ●Improved awareness will assist in patients realizing there is a community across Ontario ●To give hope,inspiration and empowerment to the individuals living with sickle cell disease. We were very fortunate,in 2017,2018 and 2019 to partner with the CN Tower,Exhibition Princess Gates,Niagara Falls,the City of Toronto,the City of Markham,City of Newmarket,City of Brampton,City of Mississauga,City of London,and many others to illuminate their landmarks.We found that there was a lot of people talking on social media platforms about the disease and requesting more information to help.We were also astounded by the amount of SCD patients who reached out to tell us the ways this initiative made them feel empowered and able to share their experiences with friends and co-workers.As we continue to find new ways to raise awareness and to dispel the stereotypes surrounding SCD,we push to recognize SCD patients who continue to live with the disease, as well as those who have lost their lives. We would like to request that on June 19,2020,the City of Niagara Falls sign/declare a proclamation to recognize World Sickle Day. Thank you for taking the time to read this proclamation request.If you have any further questions, please don’t hesitate to message me. I look forward to hearing from you. Best Regards, Ika Washington, MSc. Communications and Marketing, Manager Ph: 647-975-0250 | E: communication@sicklecellanemia.ca Organization’s Information Website Address: www.sicklecellanemia.ca PH: 416-745-4267 Charitable Registration #: 83332 0872 RR0001 2 235-415 Oakdale Rd. North York, ON. M3N 1W7. www.sicklecellanemia.ca Page 288 of 374 1 Heather Ruzylo To:Carey Campbell Subject:RE: Niagara Pride Week -VIRTUAL From: Pride Niagara Chair <chair@prideniagara.com> Sent: Monday, May 18, 2020 5:18 AM Subject: Niagara Pride Week -VIRTUAL Good morning, Hope you are staying healthy, safe and connected during theses challenging times. Pride Niagara has continued to monitor the developments of the COVID-19 pandemic and we are taking direction based upon the recommendations of the public health authorities. By doing our part to ensure the health and safety of our community Pride Niagara will not be hosting this years Niagara Pride week Festival May 29- June 6th however we are taking our events and celebrations virtual! Remembering pride is more than social events and gatherings, it is a celebration of our accomplishments and freedoms without prosecution. Pride honours our history and with every new face that joins this celebration we are reminded that we are a community, part of a historical struggle and legacy that should be celebrated. Like every year, we are reaching out to all the municipalities in Niagara to join us for our Annual Pride Flag raising. We are asking each municipality to take a quite 30 second video raising a pride flag ( which we have supplied or can) and a 30 second- 1 minute video of some of from the municipality introducing themselves , mentioned that they celebrate pride for all our LGBTQ+ community and that they are part of Team pride Niagara. We will be pairing all the videos together with our Mr. & Miss Pride Niagara announcing each municipality and representative. Our plan is to air the video presentation Monday June 1, which is Niagara Pride week kick off, so we are asking each municipality to send their videos by May 30th Pride Niagara would love to continue building the tradition with each municipality and sincerely hope we can work together and have you in our Rainbow Flag raising tradition. Stay safe and connected Enzo -- Happy Pride! With advance gratitude Page 289 of 374 2 Enzo De Divitiis Chairperson 2019/2020 Pride Niagara Board of Directors chair@prideniagara.com http://www.facebook.com/pride.niagara https://www.instagram.com/prideniagara/?hl=en Page 290 of 374 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to authorize the payment of $32,094,456.16 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period from April 7, 2020 to May 18, 2020. Passed this second day of June, 2020 ..................................................... .......................................................... WILLIAM G. MATSON, JAMES M. DIODATI, CITY CLERK MAYOR First Reading: June 2, 2020 Second Reading: June 2, 2020 Third Reading: June 2, 2020 Page 291 of 374 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to designate Block 11, Registered Plan 59M-474, not to be subject to part-lot control (PLC-2020-001). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned R3-989 by By-law No. 79-200, as amended by By-law No. 2013-126 which permits on-street townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Block 11 into 6 parcels, each containing a dwelling unit which is to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not to be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Block 11, Registered Plan 59M-474, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Read a First, Second and Third time; passed, signed and sealed in open Council this 2nd day of June, 2020. .......................................................................... ................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2020\PLC-001\By-law.docx Page 292 of 374 CITY OF NIAGARA FALLS By-law No. 2020- A by-law to amend By-law No. 79-200, in accordance with a Decision issued by the Local Planning Appeal Tribunal, dated October 24, 2019, to permit the use of the Lands and buildings thereon for a retirement home and to repeal By-law No. 2008-51 (AM-2015-004). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The lands that are the subject of and affected by provision of this by-law are described in Schedule 1 of this by-law and shall be referenced in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By -law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) Retirement Home (b) Accessory Buildings and Accessory Structures 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 7500 square metres (b) Minimum lot frontage 63 metres (c) Maximum number of private living units 118 (d) Minimum front yard depth 13 metres (e) Minimum rear yard depth 38 metres (f) Minimum interior side yard width (i) from the easterly interior side lot line (ii) from the westerly interior side lot line where such lot line abuts the rear lot line of an abutting lot (iii) from the westerly interior side lot line where such lot line abuts the side lot line of an abutting lot 5 metres 22 metres 19 metres (g) Minimum exterior side yard width 6 metres Page 293 of 374 2 (h) Maximum projection of an open balcony into a required side yard 1 metre (i) Maximum height of a building or structure including a peaked roof (i) within 35 metres of the exterior side lot line (ii) beyond 35 metres of the exterior lot line 15.6 metres as measured from Geodetic Survey of Canada elevation 188.5 metres, subject to section 4.7 of By-law No. 79-200 19.2 metres as measured from Geodetic Survey of Canada elevation 188.5 metres, subject to section 4.7 of By-law No. 79-200, except 14.0 metres within 39.5 metres of the rear lot line (j) Minimum number of required parking spaces 0.65 spaces/private living unit (k) Accessory buildings and structures in accordance with sections 4.13 and 4.14 of By-law No. 79-200 (l) Minimum landscaped open space 38% of the lot area (m) The balance of the regulations specified for an R4 use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations . 9. The provisions of this by-law shall be shown on Sheet B3 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R4 and numbered 517, in part, and R1D and numbered 518, in part, to R4 and numbered 815. 10. Section 19 of By-law No. 79-200 is amended by deleting subsection 19.1.815 and adding thereto: 19.1.815 Refer to By-law No. 2020-___ 11. By-law No. 2008-51 is repealed. Read a First, Second and Third time; passed, signed and sealed in open Council this 2nd day of June, 2020 ................................................................. ................................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2015\By-laws\Byam004.docx Page 294 of 374 28.59m 29.75m4 5 .7 2 m 47.03m59.84m6 3 .8 1 m 133.3mBrookdale DrOakridge DrT h o r o l d S t o n e R dCardinalDrSCHEDULE 1 TO BY-LAW NO. 2020- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2015\Schedules\Zoning\004\Zoning_bylaw_AM_2015_004.mxd Niagara Olympia Homes 272510000306750 AM-2015-004 ¹ 5/20/2020 Description:Firstly: Pt Twp Lt 70 Stamford as in RO608239 except Pts 6 & 7, 59R7301 & Pt 5,59R9180 Secondly: Pt Twp Lt 70 Stamford as in RO305820 except Pts 4 & 5, 59R7301 & Pt 4,59R9180 Thirdly: Pt Twp Lt 70 Stamford Pt 1, 59R690 except Pt 1, 59R907 & Pt 3, 59R9180; Cityof Niagara Falls NTS R4 815 Geodetic Survey of CanadaElevation 188.5 inches Page 295 of 374 CITY OF NIAGARA FALLS By-law No. 2020 – A by-law to authorize the execution of an Agreement with Crawford & Company (Canada) Inc. respecting RFP37-2019 Insurance Claims Adjusting Services Agreement between the City and Crawford & Company (Canada) Inc. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Services Agreement effective June 1, 2020, and made between The Corporation of the City of Niagara Falls as City, and Crawford & Company (Canada) Inc. as Service Provider, respecting RFP37-2019 insurance claims adjusting services, as attached hereto, is hereby approved and authorized. 2. The Mayor and City Clerk are hereby authorized to execute the said Services Agreement. 3. The City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Services Agreement. Read a First, Second and Third time; passed, signed and sealed in open Council this 2th day of June, 2020. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 296 of 374 Page 1 of 15 THIS SERVICES AGREEMENT MADE EFFECTIVE 1 June 2020 (the “Effective Date”). BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS (the “City”) and CRAWFORD & COMPANY (CANADA) INC. (the “Service Provider”) WHEREAS: A. The Service Provider was selected as the successful respondent to the City’s RFP37-2019 for the provision of professional services regarding independent claims adjusting services, wherein the Service Provider acts as the City’s Service Provider in investigating, negotiating, settling and advising the City with respect to claims made both against the City and claims by the City against third parties; B. The Service Provider delivered a Proposal for completion of the independent claims adjusting services work, the scope of which is contained in the Proposal; and C. The City wishes to enter into an agreement with the Service Provider for the independent claims adjusting services work. IN CONSIDERATION OF the covenants, terms and conditions in this agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: INTERPRETATION 1. Definitions. In this Agreement, a. “Agreement” means this agreement and all attached schedules; b. “Background Intellectual Property” means any work of the Service Provider for which the Service Provider can establish through written records, the burden of which shall be upon the Service Provider, that: i. existed before the Service Provider commenced providing any Services to the City; ii. was developed independent of the Services; or Page 297 of 374 Page 2 of 15 iii. constitutes processes, methodologies, experience and know ‐how of the Service Provider, including incremental improvements thereto, learned or developed by the Service Provider during the performance of the Services, except to the extent such Background IP incorporates City provided Intellectual Property or City Confidential Information or are part of the Work Product. c. “Confidential Information” includes information, whether oral, written, visual, electronic, or in any other form, relating in any way to this Agreement, which is identified as confidential or that would reasonably be considered as being confidential; d. “Conflict of Interest” includes every situation or circumstance where, in relation to the performance of the Services, any other commitment, relationship or financial interest of a party could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of the party’s independent judgment, or compromise, impair or be incompatible with the party’s effective performance of its obligations under this Agreement; e. “Deliverables” means the documents, reports and other items described in Part A of Schedule A that shall be provided to the City by the Service Provider; f. “Insider” of a party includes every partner, associate, officer, director, employee, consultant, subconsultant, contractor and Service Provider of the party and those for whom it is in law responsible; g. “Intellectual Property Rights” means all domestic and foreign intellectual property rights including: (a) patents, applications for patents and reissues, divisions, continuations, renewals, extensions and continuations-in-part of patents or patent applications, (b) copyrights, copyright registrations and applications for copyright registration, (c) mask works, mask work registrations and applications for mask work registrations, (d) designs, design registrations, design registration applications and integrated circuit topographies, (e) trade names, business names, corporate names, domain names, website names and world wide web addresses, common law trade-marks, trade-mark registrations, trade mark applications, trade dress and logos, and the goodwill associated with any of the foregoing, (f) trade secrets, proprietary information, know-how, technology, business ideas, drawings, and specifications relating to the business and (g) the right to commence legal proceedings with respect to the past or present infringement of the foregoing, including the right to recover all damages and profits, as provided for herein; h. “Loss” or “Losses” means loss, liability, damage, cost, legal cost and disbursement whatsoever arising out of or related to the Services or this Agreement, whether in contract, tort or otherwise; Page 298 of 374 Page 3 of 15 i. “Notice” includes notification or communication required or permitted to be given by one party to the other party under this Agreement; j. “Personal Information” has the meaning set out in section 2 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56; and k. “Work Product” includes all Deliverables and Intellectual Property produced by or resulting from (a) the Services rendered by the Service Provider, or which are otherwise developed or first reduced to practice by the Service Provider in the performance of the Services, and (b) the Background Intellectual Property which is used or incorporated in the Services, or required for use of the Services, it being understood that all such rights in the Background Intellectual Property are being licensed to the City as provided for herein. 2. Construing this Agreement. This Agreement is to be construed and interpreted with all changes in number and gender as may be required by the context. The obligations of the parties contained in this Agreement have, where applicable, the status of representations, warranties and covenants by the respective obligated party. Time is of the essence of this Agreement, including if any extension of time is permitted. 3. Precedence. Subject to any contrary intention elsewhere in this Agreement, in case of any inconsistency or conflict among the schedules and the body of this Agreement, the documents shall prevail in the following order, but only to the extent necessary to resolve the conflict or inconsistency: a. The body of this Agreement; b. Schedule A (Scope of Work) c. Schedule B (Addendum #1); d. Schedule C (Service Provider’s Proposal); e. Schedule D (Fee Proposal); and f. Any other documents incorporated by reference in any of the foregoing. PARTICULARS OF THIS AGREEMENT 4. Retainer. The City hereby retains the Service Provider to provide the Services, and the Service Provider shall provide those Services to the City under the general direction and control of the City and subject to the provisions of this Agreement. This retainer is non- exclusive. 5. Services. The Services which are the subject of this Agreement are: Page 299 of 374 Page 4 of 15 Independent claims adjusting service more particularly described in Schedule A (Scope of Work) and Parts ii and iii of the Service Provider’s Proposal contained in Schedule C (the “Services”). 6. Fees. The fees which are the subject of this Agreement are described in the Fee Proposal of the Service Provider attached as Schedule D. 7. Disbursements. The Service Provider shall not, except as specifically provided in this Agreement or agreed to in advance by the City in writing, charge the City for disbursements all of which are included in the all-inclusive hourly rate of the Service Provider. 8. Term. This Agreement shall commence on the Effective Date for a term of three (3) years ending May 31, 2023 unless the Agreement is terminated early (the “Term”). 9. Option to Renew. Upon the expiration of the Term as set out in section 8, this Agreement may be renewed for two (2) additional one (1) year terms at the sole discretion of the City, by the City providing notice to the Service Provider in writing at least ninety (90) days prior to the end of the Term or the first renewal term. PROVISION OF THE SERVICES 10. Personnel. The Service Provider shall provide the Services using the personnel set out in Section iii of Schedule C. The Service Provider shall not change the personnel providing the Services without the City’s prior written approval. The Service Provider shall coordinate the activities of their personnel and be solely responsible for payment of all costs associated with the personnel. The Service Provider shall be responsible for every act or omission of the personnel providing Services to the City. 11. Timeline. The Service Provider shall carry out the Services in a timely manner and, subject only to delays beyond its reasonable control, shall carry out the Services in accordance with the timelines set out in Schedules A and C. 12. Standard of Care. The Service Provider shall carry out the Services in conformity with the standard of care, skill and diligence normally provided by a well-qualified and experienced professional person in the performance of similar Services for a similar project at the time and place the Services are being provided. The Service Provider shall give the City the full benefit of its skills, qualification, experience, knowledge and professional expertise (the “Standard of Care”). Any Services provided by subconsultants shall meet or exceed the Standard of Care and the Service Provider shall be fully responsible therefor. The City shall conduct an annual performance appraisal as described in the section titled Performance Reviews and Claims Audit in Schedule A. 13. Inadequate Services. The City shall be the sole judge of the adequacy of the Services received and their value. If the City determines that any Services are not in conformity Page 300 of 374 Page 5 of 15 with the terms and conditions of this Agreement, including the Standard of Care, the City shall advise the Service Provider who shall, except as other provided in this Agreement, immediately correct at its own cost and expense the inadequate Services, except to the extent such non-conforming Services were caused by a person who is not an Insider of the Service Provider. Provided that if the quality of the Services is such that the City determines that the Service Provider is not able to provide the Services in accordance with the Standard of Care or within the terms of this Agreement, the City may terminate this Agreement in accordance with section 43 (b) of this Agreement. 14. Progress Reports. The Service Provider shall provide reports to the City on the Services, as described in the section titled Claim Investigation Reports in Schedule A. 15. Changes. Changes of any kind to the Services or Fees, except as described in Schedule D, shall only be made by the written agreement of the Parties. The City shall have no liability whatsoever for any claim for payment for additional Services provided or costs incurred by the Service Provider which have not been authorized in writing in advance by the City. 16. Deliverables. The provision of all information, documents and Deliverables by the Service Provider to the City shall be in the native file format as approved by the City along with a PDF and/or hard copy, as requested by the City. The Service Provider shall not charge the City any additional fee for the provision of the Deliverables in their native file format. The Service Provider shall not be held liable for native file format files to the extent they are subsequently amended or changed by the City without the consent of the Service Provider. 17. Discontinuance of Services. Despite anything to the contrary contained in this Agreement, the City may at any time, for any reason, discontinue part of the Services. The City shall pay the Service Provider for the chargeable amounts for the discontinued part of the Services up to the date that the City gives the Service Provider Notice of its decision to discontinue the Services, or a later date if work, already commenced by the Service Provider, cannot reasonably be discontinued until such later date. 18. Obligations of the Service Provider. The Service Provider shall: a. provide the Services in compliance with all applicable laws and with applicable City policies, and rules, as amended from time to time, including, but not limited to, the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), the Ontario Human Rights Code (“OHRC”), and the Ontario Occupational Health and Safety Act (“OHSA”). The Service Provider shall, in a timely manner, provide the City with a copy of all correspondence, reports, compliance orders, charges or other documents it receives under the AODA, OHSA or OHRC, or their regulations, that apply to any of the Services; b. perform and cause its employees or subcontractors to perform, the Services with diligence and in a courteous and business-like manner; Page 301 of 374 Page 6 of 15 c. disclose to the City any Conflict of Interest the Service Provider has or it becomes of aware of regarding the Service Provider’s provision of the Services; d. enter into a claims administration agreement with the City’s insurer; and, e. not subcontract the provision of any or all of the Services without the written consent of the City. INVOICING AND PAYMENT 19. Invoices. The Service Provider shall provide invoices to the City monthly based on the time expended by its personnel using the hourly rates in Schedule D. The City will review the invoices and, if approved, process the invoice for payment. Any disputed items will promptly be brought to the attention of the Service Provider. 20. Content of Invoices. All invoices shall be fully detailed and accompanied by all substantiating details requested by the City. 21. Payment not Acceptance. No payments made by the City under the Agreement shall constitute an acceptance of any portion of the Services which is not in accordance with the requirements of the Agreement. 22. Records. The Service Provider shall maintain up-to-date and accurate records, which clearly identify the Service Provider’s time and expenses in respect of Services to be paid in accordance with this Agreement. If requested by the City, the Service Provider shall make available to the City full accounts, records, receipts, vouchers and documents for the purpose of substantiating its charges related to the Services. Payment 23. Except as otherwise provided for in this Agreement, the City shall, within twenty-eight (28) days after receipt of an invoice, pay the Service Provider the properly charged amounts incurred by the Service Provider in performing the work shown on the invoice. 24. Despite any other provision in this Agreement, the City may obtain a review of any invoice rendered by the Service Provider, and is not required to pay such invoice until the review has been completed. The City is not required to pay any interest on any invoice in respect of any time during which such invoice is under review. CONFIDENTIAL INFORMATION 25. General Confidentiality Requirements . The Service Provider shall: a. ensure that all Insiders of the Service Provider comply with all the provisions of this Agreement relating to Confidential Information and Personal Information and Page 302 of 374 Page 7 of 15 the Service Provider shall be responsible for any failure by any Insider of the Service Provider to do so; b. use Confidential Information and Personal Information only for the purposes of providing the Services; c. not copy or transcribe into another form, any Confidential Information received from the City or Personal Information collected by the Service Provider except as reasonably necessary; and, d. upon the termination of this Agreement, or earlier upon the request of the City, promptly destroy or return (as directed by the City) all of the Confidential Information and Personal Information disclosed to or collected by the Service Provider. 26. Keeping Confidential Information Confidential. Except as provided in this Agreement, the Service Provider shall keep confidential all Confidential Information disclosed to it by the City and shall protect the Confidential Information disclosed to it by the City, in the same manner and to the same extent that it protects its own Confidential Information. This obligation shall survive the termination of this Agreement. 27. Disclosing Confidential Information . The receiving party may disclose Confidential Information if: a. the disclosing party approves; b. the receiving party is required by law to disclose it, in which case it shall promptly notify the disclosing party to allow the disclosing party the opportunity to intervene to prevent the disclosure; c. the Confidential Information is generally and publicly available; d. was disclosed to the receiving party on a non-confidential basis from a source other than that disclosing party which the receiving party believes is not prohibited from disclosing such information as a result of an obligation in favour of the disclosing party; e. is developed by the receiving party independently of, or was known by the receiving party prior to, any disclosure of such information made by the disclosing party; f. is disclosed with the written consent of the disclosing party; or g. to the extent required by an order of a court of competent jurisdiction, administrative agency or governmental body, or by any law, rule or regulation, or by subpoena, summons or other administrative or legal process, or by applicable Page 303 of 374 Page 8 of 15 regulatory or professional standards or in connection with any judicial or other proceeding relating to Service Provider’s Services to the City or this Agreement. 28. MFIPPA. The Service Provider specifically acknowledges that: a. the City is subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 (“MFFIPA) and that the City may be compelled by law to disclose certain information provided by the Service Provider; b. it may receive Personal Information in order to carry out its obligations under this Agreement; c. the privacy provisions of MFIPPA governing the collection, retention, use, disclosure and security of Personal Information continue to apply while this Agreement is in effect and thereafter; and, d. all records containing Personal Information that are created or maintained in the course of providing the Services pursuant to this Agreement shall be and remain the property of the City. 29. Personal Information. For the purposes of Personal Information, the Service Provider shall: a. keep all records, files, documents, and other materials containing Personal Information secure, including ensuring its computer security is adequate to protect Personal Information obtained from the City or from claimants against unauthorized access and disclosure; b. not directly or indirectly collect, use, disclose or destroy any Personal Information for any purposes not directly related to the performance of its obligations under this Agreement; c. restrict access to Personal Information to those of its employees who have a need to know it for the purposes of providing the Services; d. acknowledge that any Personal Information supplied to the City may be disclosed by the City where it is obligated to so do under MFIPPA or by an order of a court or tribunal or pursuant to a legal proceeding; e. not use Personal Information for its own purposes, or for any other purpose not identified in this Agreement; f. not disclose or transfer Personal Information and any records, files documents, or other materials containing Personal Information to a third party except with the informed prior written consent of the City; Page 304 of 374 Page 9 of 15 g. immediately notify the City in writing where Personal Information is collected, used or disclosed contrary to the provisions of this Agreement or MFIPPA; and h. not match or otherwise line up or associate Personal Information collected in the performance of the Services with Personal Information obtained from other sources. 30. Breach of Confidentiality. The Service Provider shall indemnify and hold harmless the City in respect of any claims against the City for the failure of the Service Provider to protect the confidentiality of Confidential Information or Personal Information. The Service Provider acknowledges and expressly agrees that any breach by it of this Agreement which does or may result in loss of confidentiality of the Confidential Information or Personal Information would cause the City irreparable harm for which damages would not be an adequate remedy. If the Service Provider breaches the confidentiality provisions of this Agreement, the City shall have the right to seek injunctive relief against the continuing or further breach by the Service Provider, without the necessity of proof of actual damages. The right to seek injunctive relief without the necessity of proof of damages shall be in addition to any other right which the City may have under this Agreement or otherwise in law or in equity. This section shall continue to bind the Service Provider after the expiry or termination of this Agreement. INTELLECTUAL PROPERTY 31. Intellectual Property. The Service Provider has developed and uses certain Background Intellectual Property in respect of the provision of the Services. The City acknowledges that the Background Intellectual Property is the sole and exclusive property of the Service Provider and the City shall not acquire any right, title or interest therein other than the right to use and access the Background Intellectual Property during the Term. For greater certainty, the City is specifically prohibited from reproducing or recreating any such Background Intellectual Property either during the Term or at any time thereafter. 32. Work Product. All information in any form prepared by or for the Service Provider as part of the Work Product is, unless approved by the City in writing to the contrary, the sole property of the City and the City shall own all Intellectual Property Rights in it. If the Service Provider or any of its subconsultants owns any Intellectual Property Rights in any Work Product, it shall promptly transfer and assign such Intellectual Property Rights to the City. The Service Provider shall sign all documents and take all actions that may be necessary to ensure that the City owns the Work Product and the Intellectual Property Rights in the Work Product. The Service Provider shall not under any circumstances use the Work Product for the benefit of any other client of the Service Provider. 33. IP Indemnity. The Service Provider shall be liable for and indemnify and hold harmless the City against any liability, whether direct or indirect, arising out of a claim by any third party against the City alleging that the Intellectual Property Rights in the Work Product Page 305 of 374 Page 10 of 15 and its use by the City, infringes any third party Intellectual Property Rights. The section shall survive the termination of this Agreement. INDEMNITY, LIMITATION AND WAIVER OF LIABILITY 34. Representations. Except for the representations and warranties and conditions expressly set out in this Agreement, the City hereby excludes any and all representations, warranties and conditions of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. 35. Indemnity. The Service Provider shall indemnify the City and the City Insiders and save them harmless from and against any and all Losses which may arise by reason of the exercise of the responsibilities and obligations contained herein by the Service Provider or as a result of any breach of the terms of this Agreement by the Service Provider or by any negligent act or omission of the Service Provider or its Insiders or those for whom the Service Provider is at law responsible, including all legal costs and expenses reasonably incurred by the City in connection with the defence or settlement of any such claim, unless such claim or damage is caused by the negligent act or omission of the City or its Insiders. The Service Provider shall, at the City’s election, either assume the defence of every proceeding brought in respect of such Loss, or cooperate with the City in the defence, including providing the City with prompt Notice of any possible Loss and providing the City with all information and material relevant to the possible Loss. For the purpose of enforcement of this indemnity, the City is acting as Service Provider and trustee for the City Insiders. 36. Exception. The Service Provider shall not be liable for any Loss arising from errors or omissions in any of the information which is supplied to the Service Provider by the City. 37. Waiver. The Service Provider waives against the City and the City Insiders any claims of any kind whether directly or indirectly arising out of or connected with the existence of this Agreement or for any injury to or death of any person or for any loss of or damage to any property belonging to the Service Provider or its employees, servants, Service Providers, invitees, licensees, contractors or visitors and for any Loss or damage of the Service Provider unless caused by the negligent act or omission of the City or its Insiders. 38. Indirect Damages. Notwithstanding any other provision of this Agreement, the City shall not be responsible for indirect, consequential, special, incidental or contingent damages of any nature whatsoever, including loss of revenue or profit or damages resulting from interruption of service or transmission. This limitation shall apply regardless of the form of action, damage, claim, liability, cost, expense or Loss, whether in contract (including fundamental breach), statute, tort (including negligence), or otherwise, and regardless of whether the City has been advised of the possibility of such damages. 39. Employees. The Service Provider shall be solely responsible for its employees throughout the term of this Agreement, and shall indemnify the City and its Insiders from all claims, Page 306 of 374 Page 11 of 15 demands, settlement, action or proceeding, arising from any health, medical disability or similar claims which the Service Provider or any of the Service Provider’s Insiders may have during or after the term of this Agreement. 40. Survival. Sections 34 to 39 shall survive the expiry or termination of this Agreement. INSURANCE 41. Insurance. The Service Provider shall obtain, and for as long as this Agreement is in effect, maintain, pay for and, upon request by the City from time to time, provide evidence, satisfactory to the City, of the following insurance coverages, all taken out with insurers licensed to transact insurance business in Ontario, bearing original signatures of authorized insurance representatives or the electronic equivalent and satisfactory to the City: a. Commercial General Liability Insurance to a limit of not less than five million dollars ($5,000,000) inclusive per occurrence, including “the Corporation of the City of Niagara Falls” as an additional insured, covering bodily injury, personal injury, death and damage to property, including loss of use of such property, containing cross liability coverage and preclude subrogation claims by the insurer against the City and endorsed to provide the City with not less than thirty (30) days’ notice, in advance, of any cancellation, change or amendment restricting coverage; b. Automobile Liability Insurance in respect of licensed vehicles, to a limit of not less than two million dollars ($2,000,000) inclusive per occurrence, including bodily injury, death and damage to property, endorsed to provide the City with not less than thirty (30) days’ notice, in advance, of any cancellation, and in the following forms: standard owner’s form automobile policy providing third party liability and accident benefits insurance and covering licensed vehicles owned or operated by or on behalf of the Service Provider, and standard non-owned automobile form policy including standard contractual liability endorsement; and, c. Professional Liability Insurance to a limit of not less than two million dollars ($2,000,000) inclusive per claim and subject to an annual aggregate of four million dollars ($4,000,000). 42. The Service Provider shall ensure that all the insurance is primary and does not call into contribution any other insurance coverage available to the City. The Service Provider shall not do or omit to do anything which would impair or invalidate the insurance policies. TERMINATION 43. Early Termination. This Agreement may be terminated early as follows: a. by the mutual written agreement of the parties; Page 307 of 374 Page 12 of 15 b. by the City immediately if the Service Provider is in default or breach in respect of any condition or provision of this Agreement; c. by the City, for any reason, upon not less than ten (10) days’ prior written Notice; or, d. by the Service Provider upon written Notice to the City, where the City has failed to observe or perform any of its obligations under this Agreement, and such failure has not been remedied to the reasonable satisfaction of the Service Provider within thirty (30) days of providing written Notice to the City detailing the nature of such failure and requiring that such failure be remedied. 44. Force Majeure. Whenever and to the extent either party is unable to fulfil, or is delayed or restricted in fulfilling, any of its obligations under this Agreement by reason of any cause beyond that party’s reasonable control, including through a change in laws or in government priorities, the time for fulfilling such obligation is extended for such reasonable time as may be required by that party to fulfil such obligation, provided that any such inability, delay or restriction does not relate to any extent to any act or omission by that party or any of its Insiders or others for whom it is at law responsible, and further provided that the party seeking the extension submits promptly to the other party a Notice requiring the extension of time and the specific reason and expected duration of the extension. 45. Immediate Termination. This Agreement will terminate immediately upon: a. the winding up or dissolution of the Service Provider; or b. subject to the provisions of the Bankruptcy and Insolvency Act, RSC 1985, c. B-3, the Service Provider making an assignment for the benefit of its creditors, becoming bankrupt or insolvent, undergoing reorganization, making a proposal to its creditors, or otherwise becoming financially unable to perform its obligations under this Agreement. 46. If this Agreement is terminated early for any reason other than those described in subsections 43 a. or d., then: a. the City is excused from further performance under this Agreement; b. any money payable by the Service Provider to the City is immediately due and payable; c. the City shall not be responsible for paying any amount over and above the chargeable amounts, including payment on a pro-rated basis if applicable, incurred up to the effective date of such termination, or a later date if work, already commenced by the Service Provider, cannot reasonably be discontinued until such later date; Page 308 of 374 Page 13 of 15 d. the City shall retain any rights, powers and remedies it has or may have against the Service Provider; and e. the City may enter an agreement with another person to provide the balance of the Services. The Service Provider shall be liable for all costs incurred by the City in having the Services completed by another person(s). GENERAL 47. Assignment. Neither party may assign their respective rights and obligations under this Agreement without first obtaining the written consent of other party, provided, however, that either party may assign this Agreement to an affiliate or the successor of its business upon written Notice to the other party. This Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation, merger or statutory arrangement of any party) and permitted assigns. 48. Notice. Any Notice under this Agreement shall be given in writing and delivered personally or by fax, email or prepaid courier addressed as follows: To the City at: City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Janet McQuay, Risk Manager T: 905-356-7521 x 4241 F: (905) 356-0759 E: jmcquay@niagarafalls.ca To the Service Provider at: Crawford & Company (Canada) inc. 539 Riverbend Drive Kitchener, ON N2K 3S3 Attention: Greg Smith, Chief Client Officer, Canada T: 519-578-5540 F: 519-578-3158 E: Greg.smith@crawco.ca or at such other address or addresses as the City and the Service Provider may designate from time to time. The date of receipt of any such Notice shall be the date of delivery. 49. No Waiver. No waiver by a party of any breach by the other party of any of its covenants, agreements or obligations in this Agreement shall be a waiver of any subsequent breach or the breach of any other covenants, agreements or obligations, nor shall any Page 309 of 374 Page 14 of 15 forbearance by a party to seek a remedy for any breach by the other party be a waiver by the party of its rights and remedies with respect to such breach or any subsequent breach. 50. Relationship. The Service Provider is an independent contractor to the City. Nothing contained in this Agreement shall be deemed or construed by the parties nor by any third party as creating the relationship of principal and Service Provider, landlord and tenant, partnership, employee and employer or joint venture between the parties. 51. Governing Law. This Agreement shall be governed by and constituted in accordance with the laws in force in the Province of Ontario, excluding any conflict of laws principles. The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any legal proceedings arising out of this Agreement or the performance of the obligations hereunder. 52. Severability. Should any section or part or parts of an section in this Agreement be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall be binding upon the City and the Service Provider as though such section or part or parts thereof had never been included in this Agreement. 53. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties and supersedes any and all prior understandings, discussions, negotiations, commitments, representations, warranties, and agreements, written or oral, express or implied between them with respect to the subject of this Agreement. No amendment, variation or change to this Agreement shall be binding unless the same shall be in writing and signed by the parties. 54. Survival. In addition to those provisions which are expressly stated to survive the termination or expiration of this Agreement, the provisions of this Agreement that are by their nature intended to survive termination or expiration of this Agreement shall continue in full force and effect subsequent to and notwithstanding termination or expiration until or unless they are satisfied. 55. Counterparts and Electronic Delivery. This Agreement may be executed and delivered by facsimile or electronic transmission and the parties may rely upon all such facsimile or electronic signatures as though such facsimile or electronic signatures were original signatures. This Agreement may be executed in any number of counterparts and all such counterparts shall, for all purposes, constitute one agreement binding on the parties. [Signature Page Follows] Page 310 of 374 Page 15 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor William G. Matson, City Clerk We have authority to bind the Corporation. Date___________________________ CRAWFORD & COMPANY (CANADA) INC. Per: Name: Title: I have authority to bind the Corporation Date___________________________ Page 311 of 374 Page 312 of 374 Page 313 of 374 Page 314 of 374 Page 315 of 374 Page 316 of 374 Page 317 of 374 Page 318 of 374 Page 319 of 374 Page 320 of 374 Page 321 of 374 Page 322 of 374 Page 323 of 374 Page 324 of 374 Page 325 of 374 Page 326 of 374 Page 327 of 374 Page 328 of 374 THE CORPORATION OF THE CITY OF NIAGARA FALLS ADDENDUM #1 RFP37-2019 INSURANCE CLAIMS ADJUSTING SERVICES CLOSING DATE: Wed., Nov. 27, 2019 at 2:00 p.m. local time This addendum shall form an integral part of the Request for Proposal (RFP) documents for the above noted RFP and shall be read in conjunction therewith. This addendum shall, however, take precedence over all requirements as it pertains to the particular and specific items noted below. This addendum must be signed by the Bidder in the appropriate space and must be attached to the Bidder’s Proposal submission at the stated time of the closing of the RFP or prior to this time. Proposals submissions not including this addendum may be rejected. Pg. 18, Item 7 – Disbursements – revised as follows: Disbursements. The Service Provider shall not, except as specifically provided in this Agreement or agreed to in advance by the City in writing, charge the City for disbursements all of which are to be included in the all-inclusive hourly rate of the Service Provider. The Bidder shall take due notice of the above noted changes and make allowance for same in the Proposal to be submitted to the City of Niagara Falls. COMPANY NAME: PROPONENT’S SIGNATURE: PROPONENT’S NAME: (Please Print) DATE: Crawford & Company (Canada) Inc. Greg Smith November 25, 2019 Page 329 of 374 Request for Proposal City of Niagara Falls For: Insurance Claims Adjusting Services No RFP37-2019 Spencer Bailey Account Manager Crawford and Company (Canada) Inc. 301-110 Matheson Blvd W Mississauga, ON L5R 4G7 Tel: 905-568-7550 ext. 5477 Email: spencer.bailey@crawco.ca Closing Date: November 27, 2019 Page 330 of 374 1 ”Restoring and enhancing lives, business and communities” Proposal Sections I. Executive Summary a. A description of the Proponent Organization; b. A description of its knowledge, skills and experience relevant to the Deliverables; Crawford & Company (Canada) Inc. (herein referred to as Crawford), is pleased to submit a response to the Proposal for Insurance Claims Adjusting Services for The Corporation of the City of Niagara Falls (herein referred to as the City) under Request for Proposals No.. RFP37-2019. We are an independent adjusting firm that has specialized in claims and risk management for nearly 50 years. As a leading organization in our field, we have expanded on the depth and breadth of our service offerings to meet the evolving needs of our clients. Our vast portfolio of service offerings positions us well to be the “single solution” provider to our clients. 50+ years of experience | 1,200+ employees | 50+ branch locations Our Head office is located at 539 Riverbend Dr., Kitchener Ontario. We are a leading provider of claims and TPA services to risk managers, insurance companies, corporations, municipal, federal and provincial governments as well as institutional entities. Crawford’s list of customers is as diverse as it is large. Our customers include, the top 15 insurers, large multinational corporate risk accounts, as well as a number of government customers that include federal, provincial and municipal sectors across the country. We have a depth of expertise unmatched in the government space. Crawford has many years of experience in handling losses for townships, municipalities, cities and other public sector customers. We have over 50 public sector clients across Canada, (40% of public sector customers are in Ontario) for which we handle annually in excess of 1,500 claims for all lines of their business (this number does not include disaster relief claims). Please note that due to proprietary and contractual restrictions, we are unable to disclose a list of our clients and their size or claims experience/volume but we have shared a general breakdown of our customer and client type in the table below: Type of Clients (industry sectors) Number of Customers Corporate 231 Government/Municipal/Public Sector 52 Insurer 255 Other 53 Total 591 We are one of the world's largest independent providers of claims management solutions with an expansive global network in more than 70 countries. Our expertise is drawn from years of claims handling; which includes local, national and international claims, litigation management, data and trust account management. These capabilities allow our clients flexibility in the structure of their insurance programs. Page 331 of 374 2 ”Restoring and enhancing lives, business and communities” OUR MISSION To restore and enhance lives, businesses and communities OUR VISION To be the leading provider and most trusted source for expert assistance, serving those who insure and self- insure the risks of businesses and communities anywhere in the world OUR VALUES Our mission is embedded in our values—to RESTORE is part of everything we do. R – Respect – We practice integrity and ethical behavior, embrace each individual’s unique talents, honor diverse lives and work styles, and promote a spirit of cooperation E – Empowerment – Employees are emboldened to advance the company mission, take ownership of their career progression, contribute ideas to meet industry challenges, and hold themselves and others accountable S – Sustainability – A focus on corporate social responsibility, giving back and being good stewards in our communities T – Training – An environment where employees are stimulated, knowledgeable, and satisfied O – One Crawford – A global mindset that’s inclusive, mission -focused, customer focused and on the move R – Recognition – An ecosystem of recognition and reward for our employees’ hard work E – Entrepreneurial Spirit – A shared passion to succeed, outpace competitors and innovate OUR CULTURE Crawford & Company employees are innovative, engaged, and on the move. Combining a legacy of over 75 years with our global capabilities and industry -leading technology, our employees are immersed in existing industry best practices while always seeking ways to do business better, more efficiently, and creating more value for our clients. We hail from more than 70 countries and speak dozens of languages reflecting the global audience we serve. Though our reach is vast, we proudly operate as one Crawford: united in mission, vision and values. Every choice that we make as a company, from how we organize our business to how we recognize employee achievements, serves our greater mission of restoring and enhancing lives, businesses and communities. Crawford employs the best and the brightest individuals in the niche markets we serve, specialists who possess unmatched experience in difficult situations and deliver top-notch customer solutions when our clients need us most. Our culture is one that recognizes these individuals, while always putting our clients first. At Crawford, employees are empowered to grow, emboldened to act and inspired to lead. Our Philosophy: Crawford’s guiding principles and philosophy with respect to claims adjusting, investigations and settlement is to provide each of our clients with services that are customized to respond to their unique needs. Our proactive claims handling philosophy and training allows our staff to mitigate losses and close claims quickly, which in turn leads to cost containment. All levels of Crawford, from administration to the Global CEO, are committed to customer service and improvement. As a result of this we have seen 99% retention of our existing customers and continued growth with new customers. The Crawford Solution™ offers comprehensive, integrated claims services, business process outsourcing and consulting services for all product lines including property and casualty claims management, medical and workers compensation claims management, and legal settlement administration. Crawford is disrupting the industry through innovation, developing and acquiring state-of-the-art technology to better serve our customers. We’re Page 332 of 374 3 ”Restoring and enhancing lives, business and communities” lowering the cost of doing business for our customers with new ways to manage claims, adjudicate complex court actions, provide third party administration to employers, and more. We’re becoming more efficient in the way we go to market and deliver services. We’re bringing the broadest possible array of products and services to carriers nationwide, allowing us to address all our customers’ needs. PIPEDA Crawford & Company (Canada) Inc. is able to meet the PIPEDA requirements of storage of and access to personal information only within Canada. SOX Crawford & Company, headquartered in Atlanta, Georgia and traded on the New York Stock Exchange (NYSE), is subject to the Sarbanes-Oxley Act. Crawford & Company (Canada) Inc., being a wholly owned subsidiary of Crawford & Company and producing results deemed material to the overall financial results of the parent company, is also subject to the Sarbanes - Oxley Act and its compliance provisions – commonly referred to as SOX 404 compliance. Compliance with the Sarbanes-Oxley Act is focused on internal controls over financial reporting, providing reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external reporting purposes, and which are prepared in accordance with Generally Accepted Accounting Principles (GAAP). SOX 404 compliance, as it relates to Crawford & Company (Canada) Inc., includes: • Management’s production of 14 process narratives with identification of key and secondary internal controls • Management testing of key internal controls to determine if they operated effectively throughout the year • Management’s opinion as to the effectiveness of the internal control environment for the year • Review and testing of internal control environment by external auditors • Auditor’s report on management’s assessment of internal controls. Our Governance Crawford is seriously committed to corporate governance and maintaining the trust of our investors and other stakeholders, including our employees, clients and vendors. We also know that good corporate governance is vital to meeting our performance goals. We ensure that our governing processes run smoothly and efficiently; that fair and reasoned debate ensues on all significant corporate issues; and we are prepared to adequately and timely meet the challenges and opportunities posed in our corporate environment. In accordance with the Government of Ontario standards, Crawford makes it mandatory for all Ontario employees to complete the Accessibility for Ontarians with Disabilities course. We have a dedicated resources that manages the process of license awards and renewals across Canada for all of our professional adjusting staff. Internal audits are conducted once a year to monitor proper licensing. Additionally, Crawford has a complete disaster recovery and security plan. Included in the plan are regular disaster recovery exercises. Crawford’s plans can be provided upon request. c. In the form of a chart, list the names and the years of experience of the adjusting services team. Page 333 of 374 4 ”Restoring and enhancing lives, business and communities” Mark Beattie Lead Adjuster 22 years Spencer Bailey Back up to Lead Adjuster 29 years Eric Griffi Telephone Adjuster 2 years Stephen Palozzi Back Up to Lead Adjuster 18 years Mary Jane Jolliffe Administration 10 years Wendy Martins Administration 14 years Schedule 1 we have provided the CV’s of the adjusters. All adjusters are licenced through FSCO and copy of their licence can be provided upon request. II. Demonstrated Understanding of the Requirements Provide a written statement demonstrating the Proponents understanding of the services required, including the scope of work. It is our understanding that Corporation of the City of Niagara Falls issued a Request for Proposal (RFP) for Insurance Claims Adjusting Services, No. RFP37-2019. Assignments will be claims under the City’s property, casualty and automobile insurance policies. In most cases claims will fall under the City’s $100,000 deductible for property and casualty policies or the $25,000 deductible for the auto policy. As an independent contractor to the City, Crawford’s dedicated staff can provide the claims services with respect to what has been outlined in the RFP. Their experience in handling municipal accounts has given them an in depth understanding of the importance of a speedy and thorough investigation, getting factual and accurate information quickly, which can result in providing a good defense (no liability or reduction in liability) and determining exposure. The staff fully understands their financial responsibility to the City. We also understand that most claimants are taxpayers and claims should be settled quickly and fairly. As Niagara is a major tourist destination for Canadian and International travelers, the adjusters understand the relationship and standards that have to be maintained throughout the claims process when dealing with an employee, resident or visitor of the City. In addition our team also understands the importance of promptly communicating and reporting media-related incidents. Crawford has reviewed the entire RFP. We understand our obligations in the Adjusting Requirements / adjusting services section located on page 38 through 40 of the RFP. We also understand the importance of clear communication and the need of working closely and cooperatively with the City’s Risk Manager, legal counsel and City Insurers. Working closely also includes being available in person for any type of meeting at any time. Our response to the RFP will show our understanding in much more depth. III. Experience and Qualifications The Proponent must demonstrate in their Proposal submission they can meet the mandatory requirements and qualifications below; Page 334 of 374 5 ”Restoring and enhancing lives, business and communities” a. the firm must be licensed as adjusters by the Office of the Financial Services Commission of Ontario (FSCO) and the Successful Proponent must provide a copy of the licence; Schedule 2 is a copy of our licence from the FSCO. Please note that eeffective June 8, 2019, the Financial Services Regulatory Authority (FSRA) will assume the regulatory functions of the Financial Services Commission of Ontario (FSCO) and the Deposit Insurance Corporation of Ontario (DICO). b. the firm must demonstrate an ability to perform adjusting services to full professional standards in conformity with provincial requirements and the City’s expectations; Crawford can undertake the full claims process from intake to resolution, or isolated services as needed. This forms Crawford’s 360° approach: Our approach to claims adjustment is to investigate, evaluate, confirm coverage and provide concrete directions as to the potential exposure to the City. The management team utilize various real time system reports to validate adjuster capability to take on new assignments. Managers also use real time system reports to validate adjuster attention and claims file activity levels as well as work load. Report Incident: Crawford offers a number of methods for the reporting of claims during normal business hours, afterhours and weekends. Claims can be reported by: Page 335 of 374 6 ”Restoring and enhancing lives, business and communities” • accessing our secure web portal, through CMS occurrence reporting • By email or phone directly to the dedicated adjuster or branch, • to a dedicated email address created specifically for the City, • Our contact centre, CLAIMSALERT®, which provides 24/7 intake capability and can triage assignments to the dedicated individuals for appropriate claims handling. It is our recommendation that if Crawford is awarded the contract that we continue with reporting of claims through our portal. Assignment of Adjuster Once Crawford receives assignment or notice of loss there is a triage and set up protocol to follow. In the City’s case the dedicated Administration will set up the file for the lead adjuster. All these functions are done seamlessly and electronically through our claims system. Both assignments and incidents can be recorded. Each of the reported claims from the city has a separate file set up with its own claim number. This is vital for keeping information and investigation material separate in the event of litigation. Investigation The lead adjuster will determine which claims are capable of being handled via telephone or where a full adjusting investigating is required. The lead adjuster will complete a full investigation. The investigation may include scene investigation, interviewing and obtaining statements, gathering other information. The lead adjuster will also determine Liability, quantify damages and provide reserves and recommendations on moving the file forward to closure. Claims Resolution and Settlement Once the file is finalized and a settlement amount has been agreed upon by all parties final Proof of Losses or Releases will be obtained. Crawford will also issue settlement funds from the City trust account and distribute accordingly. Emergency / Catastrophe Adjustments - Crawford provides Catastrophe Services across Canada and overseas in the event of an emergency or disaster. Some Contingent Disaster Planning is offered free of charge, and it is our practice to participate in mock disasters. We would be pleased to discuss the formulation of a customized protocol should we be awarded the City’s contract. Management of catastrophic events is a Crawford strength. We are unequaled in our ability to tailor services to meet each client’s needs. With our vast network of locations and resources, we can easily handle your claims out of a nearby Crawford office. We can also establish a dedicated claims centre near the devastated area or set up a claims unit in your office. Whatever option you prefer, you are assured an efficient response that complements your own culture and environment. Crawford and Company maintains a register of 40 adjusters across Canada that form part of our Canadian domestic CAT team available to deploy to any region within Canada for an extended period of time. Telephone Adjusted claims can also always be done from outside of a CAT zone, and simply requires us to flex hours to the area involved. There are various sizes of CATs. With respect to the City, the lead adjuster and Account Manager will quickly determine the CAT and what type of resources are required. Recourses can be utilized from the local office, within the region, Ontario, Canada. If the CAT is large in nature and meets Canadian Government guidelines (IBC) further resources can be summoned from the US. There are different types of CATs. Page 336 of 374 7 ”Restoring and enhancing lives, business and communities” 1. An Incident that results in multiple claims. For example a City truck strikes several pedestrians. This type of CAT response has to be immediate. The lead adjuster will determine the resources required. It is imperative that a complete investigation is commenced immediately to assess the City’s exposure. Additional resources may be needed for tracking down witnesses, tracking and meeting with claimants, scene investigation to name a few. The lead adjuster and Account manager will discuss the scope of the CAT and resources with the City and move forward with an agreed upon plan. In these cases we conduct the investigation on a Without Prejudice basis on behalf of the City. 2. An event that causes a significant spike in claims, is localized in nature, of a short duration that results in multiple claimants. For example a windstorm or floods resulting in sewer back up. With this type of event quick communication with the city to discuss and determine a CAT plan is a must. These types of situations can be very political for the City. You will have homeowners who will want the City to take immediate action, however most will have insurance and will need to report a claim. In addition to investigating Liability against the city, instructions from the city will be needed as to how to handle the claims, residents that have no insurance vs residents that do. The lead Adjuster and Account Manager will be involved from the beginning and have multiple resources at their fingertips if needed. The Lead Adjuster Mark Beattie has many years of CAT experience. He has worked CAT’s in Edmonton, Ottawa, Thunder Bay, Mississauga and Toronto areas. Mark was also involved in July of 2013 Rain Storms and December of 2013 Ice Storm in Niagara Falls. Our Account Manager, Spencer Bailey also has years of CAT experience. Early in his career he worked in the London area where there were yearly CAT situations. Other CAT’s that Spencer worked on were in Mississauga and Toronto areas. Presently he is managing a CAT situation for the Region of Peel. The details we can provide you is that it involved a Pumping Station undergoing construction updating. There was a flood in a high rise Condo Residence resulting in 7 feet of water in the underground garage and complete power loss to the building. Our Cat team is dealing with Condo residents, Single family residents. Claims rage from Additional Living Expenses (power was out for a month) vehicle damages, personal property damages, Injuries. The situation is very political with massive media coverage. After being called, we initiated a strategic CAT response with the Region • Set up a dedicated telephone line with specific scripting for the agents • Engaged Legal, this was to ensure the wording of letters sent out did not cause a liability issue • System set up with proper coding so claims can be properly tracked and specific to this incident • Involved Telephone Claims unit (they settled all deductible claims that were presented at the direction of the Region). These were tracked for recovery purposes. • Coordination of the liability investigation. We create a CAT code specific for each CAT in our CMS claims system. This will allow access for real-time claims information for the customer. From the data collected we are able to provide intelligence on the CAT. We can also provide dashboard reports that monitor in real time what is happening on the CAT. Parameters of the intelligence reports and Dash board reports are discussed and agreed to with the client. Proper catastrophe management will ensure that all parties have a clear understanding of the expectations of the client, the CAT team and all management. Proper delegation of responsibilities is essential to the various team members. The team that we are putting forward in this RFP not only has extensive CAT experience but also has the support of the entire CAT team at Crawford if needed. No matter what the CAT need the City may encounter the Crawford team has the experience to respond. Page 337 of 374 8 ”Restoring and enhancing lives, business and communities” Crawford Reporting Standards All claims investigation and reporting will be sent electronically to the City’s Risk Manager with a copy to the Risk Management Administrator and any other individual designated by the City. 1. Send an acknowledgement within 48 hours 2. Send a first or initial report in 30 days 3. Send additional reports in 60 days (or when new information that effects reserves or status of claim is received) Our standard investigation requirements include: • Confirmation of coverage • Limitation of Claim, confirmed and properly communicated to stakeholders and claimants • File documentation, detailed notes, photos, assessments, releases, police, fire, export reports, bodily injury assessment form • Investigation completed • Control of costs • Proactive file handling Assessing Quantum, Claims Valuation, and Identifying Off-Sets: A thorough quantum analysis will be completed (only if requested) whilst considering the following factors: • Court valuations (case law) – we subscribe to West-Law to ensure that we have up-to-date court decisions available to us • Degree of Injury (bodily injury or accident benefits) • Experience with similar claims • Contributory negligence • Actual cash value/depreciation When calculating quantum, it is our standard procedure to complete a Bodily Injury Assessment Form (BIAF) for all injury claims in excess of $5,000. Standard procedure can be customized. For accident benefits claims, reserves are reported based on coverage type. Assessing Liability, Identifying Exposure and Identifying Defenses In order to assess liability, we recognize that each claim must be assessed on individual merits following a thorough investigation. The investigation will involve the review and consideration of a variety of information including but not limited to: • Applicable legislation • Relationship of the claimant to the City. • Was there a voluntary assumption of risk? • Type of premises • Condition of the premises including determining if weather was a factor • Lease agreements • Maintenance and maintenance contracts • Contractual liability • Ownership or equipment • Defect or wear & tear • Obstacles Page 338 of 374 9 ”Restoring and enhancing lives, business and communities” • Improper performance or failure to perform • Inherently dangerous activities • Faulty materials or defective workmanship Action Plans and Disposition Plans Each file will have an action plan and/or disposition plan documented in CMS. An Action Plan is used when we are reporting on files and do not have delegated authority. It will be an overview of what needs to be done to close the file. A Disposition Plan (DP) typically includes: • Coverage – Confirmation that the policy is in force, confirmation of coverage(s) and • Determination if exclusions or policy coverage violations apply. • Investigation – Establishing the plan, initial contact, claimant’s version, attending the • scene, taking photographs; • Liability Analysis – If applicable; • Quantum – Scope of damages, estimates and invoices; • Reserves – Recommendations if required; • Outstanding – What remains to be done (a list of all outstanding action items to be • completed); • The DP is continually updated throughout the life of the file. If awarded the contract, Crawford will review existing Claims Handling Protocols with the City. The following is a standard description of the time frame and methodology for service to the City: • 2 hour set up in our Claims Management System (CMS) after receipt and assignment of the claim (emergency claims will be immediately set up and assigned – Emergency claims have a 45 minute response time for scene attendance) • 2 hour meaningful contact made with claimant and or insured • Crawford will provide The City with a 48 hour acknowledgement of claim assignment report which includes preliminary information (this is considered the initial report). • Subsequent reports every 30 or 60 days depending on the specific file activity or as otherwise stated on diary if we are waiting for information and need to follow-up; this can also be sooner in the event that new information effecting reserves or claim status is received. • Return all calls before end of business day • Request payment for invoices within 5 days of receipt unless otherwise dictated by legislation in Ontario File Maintenance/Documentation Crawford’s suite of technological tools and services, Crawford IQ™, encompasses four service offerings to meet all of your data and IT needs. CMS Claims Management System (CMS) is part of this suite of products and provides our clients with fast, accurate and up-to-date information on their claims via our secure Crawford IQ Portal™. CMS is Crawford’s core business system; the details of every file handled by Crawford are housed in CMS and are accessible both by Crawford personnel and our clients. Page 339 of 374 10 ”Restoring and enhancing lives, business and communities” This interactive software allows our clients to review claims data in real -time, exchange information on the claim file through the web portal, and extract claims and risk management reports for future analysis. CMS also provides our clients with the ability to report incidents online, track losses in real-time and sub-sort data by location, type of incident, date, time, etc. We provide access to statistics, claim notes, and financials, along with the ability to download this information with Microsoft Excel or Access (or any other application). As mentioned, CMS is used to document all claim activities. Access to the system can be provided at no cost. All that is needed is access to the internet. Parameters are set up as per our client’s instructions. Programming will take place that allows certain users from the Program to have access to specific information. Typically, a base- level user has access to all information on a particular claim, including notes, reports, photographs, scene diagrams, invoices, etc. The system also allows the option of leaving notes. Capabilities of our system include: • Data Tracking – We will assign an account code for proper tracking. • Accessible Data – This includes accessibility to view activity of the adjuster on individual files and leave notes. On files where the adjuster will have a documented Disposition Plan (DP), the DP is continually updated through the life of the file and will provide the following information; o Coverage – Confirmation that the policy is in force, confirmation of coverage(s) and determination if exclusions or policy coverage violations apply. Note: For this project, coverage may not be applicable. o Investigation – Establishing the plan, initial contact, claimant’s version, attending the scene, taking photographs. o Liability Analysis – If applicable. o Quantum – Scope of damages, estimates and invoices. o Reserves – Recommendations if required. o What remains to be done? – A list of all outstanding items. • Bordereaux – Capabilities include access to schedule reports daily, weekly, monthly, quarterly or annually. These reports are produced using Crystal Reports development software. You can create, review, and print the reports. If you have Adobe Writer, or similar software, the bordereaux can be saved to your local computer. • Text Download/Electronic Transfer – Our data transfer option allows you to retrieve the bordereaux information mentioned above in the form of ‘raw’ data imported to a spreadsheet. CMS also has the following custom reporting capabilities: • Ability to schedule reports • Ad Hoc Reporting • Coverage Analysis reports • Stratification Reports These capabilities make CMS a user-friendly tool and resource. Our team of systems and IT specialists are constantly working to improve its functionality and create efficiencies to ensure that we are meeting the changing needs of our clients. We are confident that our system can meet the needs set out in the requested deliverables; however, we can modify and tailor it if required. A full demonstration of our system can be arranged at any time. Ongoing IT support will also be available as long as our business relationship continues. There is no cost to our client to access their data. Additionally, Crawford has a complete disaster recovery and security plan. Included in the plan are regular disaster recovery exercises. Crawford’s plans can be provided upon request. Page 340 of 374 11 ”Restoring and enhancing lives, business and communities” Further to the tracking and reporting features that our claim system offers, Crawford created a Business Intelligence Unit (BIU) to translate claims data into meaningful information. The BIU is composed of business analysts who work with Crawford clients to provide expertise in: • Setting up their accounts within the framework of our claims system (CMS) in order to properly capture and extract data that suit their needs and preferences. • Assisting with the creation of customized reports that can be generated on a scheduled basis and received via email directly from CMS. • Analyzing and synthesizing data to provide meaningful information and recommendations (in the form of stewardship reports) at the account level, claim type, loss type, etc. • Using industry wide bench marks and trends so individual accounts can be compared to similar segments. • Special risk management projects upon request. Additionally, the stewardship reporting capabilities that we are able to provide through our BIU aim to translate our clients’ data into meaningful information. Stewardship reports identify areas of effectiveness, as well as areas of risk through trend analysis. The goal of these reports is to ensure that programs are running efficiently and cost effectively. We strongly believe in program transparency and highly promote regular stewardship reviews and meetings with our clients (typically on a quarterly basis) to discuss pertinent program aspects and ensure we are meeting service level expectations. Loss Fund management / Trust Account Crawford has extensive experience in managing loss funds and is currently controlling more than 55 different trust funds with values exceeding $40 million. Crawford can offer a loss fund account program that allows us to manage a Canadian dollar claims fund on your behalf. The benefit of loss fund management is that it expedites settlement of losses, provides a more efficient and streamlined handling process, and the loss report function within our claims management system provides concise management and accounting reports. All of our loss fund operations are available to you online and in real time. In combination with your claims file (again, viewable online), you will be able to view financial activity and obtain reports. There is no charge to the City for the use of our Trust Account services. Legislative and Court decisions Our dedicated team is familiar with the various legislations pertaining to the types of claims the City is exposed to. We handle losses with an awareness to limitation periods and unusual notice periods as set out in the various acts. Our team is brought up-to-date on any changes to legislation or other industry trends that may affect the City and municipalities in general, by a number of different methods. Crawford’s head office training division who closely monitors such changes, provides updates and subsequent training to all staff. For example, when there are legislative changes to accident benefits, we implement a training plan and program for our staff to complete. Changes and updates are also discussed during monthly branch meetings and team meetings. Notifications are sent to our marketing department so that information can be included in our internal weekly news publications that are sent to all staff. Our legal department immediately communicates (through an email distribution list) to our management team any important legislation changes, case law awards, appeals, etc. In addition, they also distribute a biannual newsletter that highlights these important events. Page 341 of 374 12 ”Restoring and enhancing lives, business and communities” Crawford also uses client stewardship meetings as an opportunity to attain internal client updates that need to be communicated with our team. As well, we monitor clients’ websites and social media for pertinent and relevant information that may apply to their business. We would advise the City of the changes as soon as we are made aware of them. Being knowledgeable and up-to- date with respect to legislation and case law is an advantage when investigating the City’s claims or any type of claim. With this knowledge and information, our adjusters are in a better position to investigate, identify and document defenses, and negotiate settlements whether it is with a claimant, solicitor or insurer. Information Privacy Protocols/Controls/Governance Crawford has incorporated a number of key confidentiality aspects into our quality control plan. We firmly believe in providing the highest quality of professional customer care which involves the protection of our clients’ information. In an industry driven by client demands, legislation, and ever -changing industry trends and best practices, we understand the need to ensure the highest level of customer service at all times. Confidentiality and Security In this world of ongoing technological evolution, Crawford understands the need to keep up with the growth and changes of computer technology and telecommunication. It is for these reasons that Crawford has access to full - time technology support/specialists to ensure that the confidentiality and integrity of our services are respected and maintained at all times. All staff are equipped with laptop computers and provided with hands-on, in-house training upon date of hire. This training includes a thorough orientation process of internal computer equipment and software, as well as firmly established and tested methods and procedures to ensure the maximization of time, equipment, available resources and security measures are met. All records are kept in accordance with provincial by -laws with respect to file retention standards, after which they are destroyed. A copy of Crawford’s Records Management Policy is available for review. c. the firm must have the ability to understand specialized policy wordings and have knowledge and understanding of various acts that affect the Corporation such as municipal, environmental, drainage, privacy, etc.; The lead adjuster has years of experience in handling city, municipal claims and is well versed in understanding specialized policy wordings and understanding of acts. As we mentioned earlier in the RFP Crawford handles over 50 Government / Municipal / Public Sector accounts. The dedicated adjuster can utilize all other adjusters handling these accounts for their experience and knowledge. The lead adjuster also has support from all other senior adjusters as well as our Global Technical Services division and legal team, in his region or Canada. Our Global Technical Services Is composed of the largest, most experienced team of strategic loss managers and technical adjusters in the world. This is a global service with nearly 500 experienced senior adjusters and industry specialists operating from 144 locations worldwide. They are a highly specialized group of individuals. Crawford is confident that the lead adjuster and Crawford have the ability to understand specialized policy wordings and has the knowledge and understanding of various acts. d. the firm must possess excellent verbal and written communication skills; Page 342 of 374 13 ”Restoring and enhancing lives, business and communities” The proposed adjusters have a combined 75 years of experience handling claims. With respect to written and verbal skills you will note that all of them possess their Chartered Insurance Professional (CIP) designation and have post -secondary education. Prior to joining Crawford these individuals already had well developed written and verbal communication skills. As highlighted by the number of assignments, presentations and exams they were required to complete during their studies. Over the years, through claims handling experience and additional in house training, our staff have developed exceptional communication and negotiation skills. These skills enable them to properly investigate claims; develop and gather pertinent information from claimants and witnesses; and are instrumental in defending and settling claims at a fair value. However, investigation and settlement is only part of the claims process. The adjuster must be able to explain and report their findings in both verbal and written communication. The clarity in which they report their findings and provide their recommendations to our principles, result in decisions being made on a timely basis. This skill set is key to a quick file resolution, resulting in cost savings. In recent years, Crawford has made considerable contributions to information technology efforts to ensure it is well positioned and competitive. Our adjusters are thoroughly trained in the use of our in-house Claims Management System (CMS), as well the suite of Microsoft Office products. Our adjusters also utilize the following applications which they are well versed in: Canadian Legal Information Institute (Canlii), Westlaw and Xactimate (the most popular and credible replacement cost estimating software for the insurance property repair industry). Analytical skills are demonstrated by collecting and analyzing information, problem-solving and making decisions, however possessing these skills is of no value unless the adjuster can effectively communicate and explain their findings. In addition to what we have mentioned thus far, please note that all adjusters receive the following in-house training in their first year: • Policy navigation and interpretation • Investigation and evaluation standards • Negotiation and settlement • Client protocols • Reserve training • Billing protocols • Reporting and critical path letters • Managing the diary – time management • Systems training such as CMS functionality and reporting, Concur, Aurora, dictation • software, Property Advantage, Xactimate and Xactanalysis • Job shadowing with experienced Adjuster • KMC On Demand technical courses as assigned • Depending on role, attend Residential Property, Commercial Property or Casualty • Claims Virtual Classes (week long course) Further, Crawford provides training in modular workshop formats on topics such as; • Ethics • Fraud Investigation – Criminal vs. Civil • Good Faith in Claims Handling Page 343 of 374 14 ”Restoring and enhancing lives, business and communities” • Harassment in the Workplace • Customer Service Transaction Model • Automobile Accident Investigation • Investigative Interviewing • Occupiers Liability Act • Property Policy • Scoping for Control • Fidelity Bonds • Anti-Bribery and Corruption Policy • Conflicts of Interest Policy • Drug Free Workplace • Treating Customers Fairly • Ontario Accessibility Act e. the firm must be sensitive to the political nature of the claims against the City; Although Crawford is an independent contractor for the city we understand the consequences that the city may face if our adjusters do not conduct themselves properly. During the process of handling a city claim our adjusters put themselves in the “City’s Shoes”. They conduct themselves in a matter that displays diplomacy and tact at all times. Our adjusters understand that they are dealing with taxpayers and have to make sure that losses are settled quickly. The adjusters concern is the same as the City’s that when dealing with a city claim that people are dealt with fairly and with respect. f. the firm must have the expertise and resources available locally sufficient to adjust claims in an expeditious manner to the satisfaction of the City and the citizens of the community; Crawford’s St. Catharines office services the St. Catharines, Niagara Region areas. The office is located at 55 King Street, Suite 300 | St. Catharines, ON L2R 3H5. The St. Catharines office has been in operation for over 40 years and currently houses 2 support staff, 5 adjusters, and a branch manager. The branch’s experience in 2019 shows they have handled over 100 municipality/government types of losses. In addition the office has handled over 50 Auto BI / Auto AB files and over 225 property files. This experience will be most beneficial in handling the City’s account. The St. Catharines office is part of Crawford’s GTA West Hub of offices which includes, Hamilton, Oakville, Mississauga and the surrounding areas. The advantage of being part of a hub is resources. We are able to move resources where there is a need within the Region quickly. The following shows the individuals who will be on the City’s account; Page 344 of 374 15 ”Restoring and enhancing lives, business and communities” Mark Beattie Lead Adjuster Biography Mark started his insurance career in 1997 in the disaster restoration business. Since 2001 he has been with Crawford since 2010 as a multi-line adjuster. Mark’s case load is made up of full handle Casualty and Property claims. He averages 10 to 15 new assignments a month depending on complexity of loss. Municipality experience is with City of Niagara Falls and Province of Ontario. Spencer Bailey Account Manager Biography Spencer started his insurance career in 1990 in the independent adjusting field. Presently Spencer is not only the GTA West Branch Manager but also is the Account Manager for City of Brampton, Housing Services Corporation and Region of Peel. Spencer also has obtained his GTS credentials. He brings many years of handling Government claims to the table. Stephen Palozzi Back up for Lead Adjuster Biography Stephen began his insurance career in 2001, after acquiring an undergraduate Bachelor of Arts degree from the University of Toronto. Throughout his professional career, Stephen has worked for top-name property and casualty insurance companies. Stephen joined Crawford & Company (Canada) Inc. in 2008. Working out of the Toronto West office, Stephen is predominantly responsible for managing liability and property claims. Stephen’s case load consists of Full handle and task assignments. Monthly intake is between 10 to 15 new assignments. Stephen Municipality experience is with City of Brampton, Town of Halton Hills and Housing Services Corporation. Eric Giffi Eric will be the designated Telephone Adjuster for the City. Biography Eric began his career with Crawford in 2017 after graduating from Brock University. For his first year he worked in our telephone unit. He has good knowledge in the Property and Casualty areas and has had experience in assisting our adjusters on some of our government programs. Administrative Support Mary Jane Jolliffe – Mary Jane has been employed with Crawford for 10 years. She is a senior administrative professional who supports the Lead Adjuster on the city account. Mary has been on the City account for 4 years. In addition she provides support to our Accident Benefits team. She is involved in setting up claims in our Claims Management System, consolidating reports, and invoicing. Wendy Martins - Wendy has been and will continue to be the back-up for Mary on the City’s account. Wendy is also a senior administrative professional and has been with Crawford for over 14 years. Wendy also is involved in setting up claims, consolidating reports invoicing and supporting our adjusters. Page 345 of 374 16 ”Restoring and enhancing lives, business and communities” g. the firm must be able to deliver exceptional, equitable and accessible customer service; Crawford has a rigorous and comprehensive Adjustment and Quality Control Program in place for all of our adjusters; quality control measures are administered from our Head Office and local offices. These measures form part of Crawford’s culture and are regularly enforced by the Company in an effort to ensure that clients receive a consistently high standard of claims management services. We are dedicated to compliance, quality measurement and management. Each professional undergoes an annual review of their performance against the established standards to ensure that each adjuster maintains the requirements of customers. In addition, regular file reviews are conducted throughout the branch network. In order to support the reviews, our Claims Management System (CMS) provides tools to ensure compliance. It is a robust application that is rules-based with mandatory fields. One of the primary features for controlling claims activities is CMS Management Reports – Best Practices. Some commonly used reports are: Diary Worksheet – Supervisors, Branch Managers (from time to time, adjusters may run this report) • Run Weekly – Detailed Diary Worksheet ‘By Branch’ - on first day of the work week • Review and action: No first reports, Late reports, “No Activity” flags • Deliver to professional with notation of priorities • Returned to Branch Manager at end of week Diary Worksheet – Regional Managers • Run Weekly – high level summary report available by region and/or by branch • One line per branch with summary statistics • Run Monthly – Detailed Diary Worksheet ‘By Region’ • Run Weekly – Regional Severity Report of top 25 files Claim Volume Reports – Supervisors, Branch Managers • Run Monthly – as of month’s end – Claim Volume Summary by Branch • Review for: Caseloads (+/-) compared to company benchmarks, Productivity – New claims vs. closed claims, Professional Pending/Trends Data anomalies (i.e. Claims in names of transferred or inactive professionals) • Run Monthly – as of month’s end – Claim Volume Summary by Region • Review for: Caseloads (+/-) compared to company benchmarks, Productivity – New claims vs. closed claims, Branch Pending/Trends Disposition Plan: Each claim file will have a Disposition Plan (also known as an action plan) that is documented in CMS which is continually updated throughout the life of the file. A Disposition Plan (DP) includes: • Coverage – Confirmation that the policy is in force, confirmation of coverage(s) and determination if exclusions or policy coverage violations apply. Note: For this project, coverage may not be applicable. • Investigation – Establishing the plan, initial contact, claimant’s version, attending the scene, taking photographs. • Liability Analysis – If applicable. • Quantum – Scope of damages, estimates and invoices. Page 346 of 374 17 ”Restoring and enhancing lives, business and communities” • Reserves – Recommendations if required. • What remains to be done – A list of all outstanding action items. Reserve: Reserving will be set at the opening of a file and will be calculated by factoring in the information provided at the time the claim is reported as well case law. As the investigation unfolds and more information is gathered, the reserve will be adjusted accordingly and continue to do so as the file develops if need be. It is our reserving philosophy that reserves are accurately determined early in the claim life and are considered final unless specific factual circumstances arise that require an adjustment. Step or stair reserves are not acceptable. Part of the file audit process does look at reserving. The adjuster’s notes and reports will always provide comments and details around the reserve and reasoning behind the value posted. Fraud: Every Claim representative/adjuster, regardless of the line of insurance, is responsible to be aware of the potential for arson or fraud in each claim they may be handling. Crawford has developed an arson/fraud investigation indicator checklist to refer to. The checklist if for guidance only and the adjuster must keep in mind that the lists are merely indicators. If the adjuster suspects a claim may involve arson and/or fraud there is an internal procedure that is followed, the first being advising their supervisor and client for further discussion on a plan to move forward. Releases: On all files where protocols dictate Releases, the adjuster will obtain same on behalf of the City. Denials: Once the City has decided that a claim should be denied, the denial letter can be sent directly by the City or by Crawford on behalf of the City’s behalf. The option is yours. Subrogation: The handling adjuster at all times will be cognizant of subrogation potential, and will provide recommendations to the City as to whether or not the pursuit of subrogation is economical. Our adjusters are required to include all supporting documentation (e.g., notes on reserve rationale, potential recovery amounts and recovery attempts) in file. We understand that pursuing subrogation may often times involve our client’s vendors and other business partners and as such, can be a delicate matter. Formal subrogation processes can be established when establishing the claims handling guidelines. Jurisdiction: For any losses that occur outside the City’s jurisdiction, the lead adjuster, after reviewing with the City and receiving authorization, will assign a qualified Crawford adjuster that is closest to the loss. The lead adjuster will manage the file making sure the loss adjuster is following all protocols and procedures. The file will be invoiced as per the agreed rates for the lead adjuster. If there is a requirement for our GTS services, for example loss being very complicated in nature, we will discuss their rates prior to their involvement. Media/Complaint Process: Crawford protocol is simply that any media situation or complaint be communicated to The City immediately. A discussion will take place on the proper method of moving forward. No action will be taken until there has been communication with the City. Closure: Once we believe our investigation is complete, we will recommend to the City that our file be closed. Once this course of action is agreed to, we will retire our file by way of a closing report and our final fee account. Page 347 of 374 18 ”Restoring and enhancing lives, business and communities” Billing Practice: Compliance with accounting and billing procedures and internal controls must be adhered to at all times by all Crawford employees. All client billings must accurately reflect the work performed and the appropriate fee for that work. Time is recorded for each billable task in .01 units (note that 10 units = 1 hour). As a general rule, Crawford requests payment of invoice as per the payment terms, due upon receipt of invoice but best practice is within 30 days of submission. These are Crawford’s standard billing practices however, we are willing to discuss any billing practices, including interim billing of open files and payment terms, which may be more conducive to the City. Crawford’s billing rates and procedures are specific to the programs and matters being handled for each client. Stewardship Meetings: Should any events or occurrences come to light throughout the year, we will address them in the Annual Stewardship report as well as during our regular meetings with the City. The Stewardship Report will be provided on the date mutually agreed upon by both Crawford and the City, and will be completed as per our normal hourly rate. Below is a sample table of contents however these can be customized: • Overview of Procedures • Bordereaux • Large Loss Analysis • Claim Profile for Policy Year Comparison • Stratification Report • Loss Location Analysis • Key Performance Indicators • Review of all Outstanding Issues • Remarks h. the City’s Insurers, Frank Cowan Company must be in agreement with the City’s choice to provide adjusting services; We do not see any issues with Frank Cowan Company agreeing to Crawford. In Ontario year to date Crawford has handled in excess of 200 claim assignments where Frank Cowan Company is the insurer. i. the firm providing adjusting services to the City must not employ an adjuster that is an employee of the City; Crawford can confirm that it will not employ an employee of the City. j. it would be beneficial for the firm to have a local office with these resources; k. the firm must be able to provide a dedicated adjuster to the City; Mark Beattie is the dedicated adjuster to the City. l. the firm must be able to provide on-line educational development courses for Risk Management staff, at no cost to the City. Educational Services: Now more than ever, companies are investing heavily in their people. Crawford offers in- class training on basic claims handling techniques in both the property and casualty claims disciplines. Our customized online Knowledge Management Centre (KMC) is also available for development to meet client’s individualized e-learning needs. We also offer an extensive suite of RIBO accredited courses for our broker community. There is no charge to the City for KMC courses that already exist. Page 348 of 374 19 ”Restoring and enhancing lives, business and communities” At Crawford, our focus is not only on ourselves – we sit on many panels with a variety of different clients. This ranges from local Farm Mutual companies to national and international brokers, insurers, corporations and the Insurance Institute. As a leading supplier in most markets, our management team is rich in experience and expertise. It would be their privilege to participate in your focus groups and provide input and gain further knowledge as well. iv. References Provide at least four (4) relevant references for the services provided within the last 3 years. Each reference shall provide the following information: a. Client/Owner’s Information to include: Corporate Name : Region of Peel Name of main contact : John McDonald Risk Manager Address: 10 Peel Centre Drive, Brampton, Ontario L9T 4B9 Telephone number: 905 791 7800 ext. 4498 Email address: john.mcdonald@peelregion.ca Duration of Service provided ; 23 years Corporate Name: City of Brampton Name of main contact: Debra Tracogna Risk & Insurance Manager Address: 2 Wellington Street West, Brampton, Ontario L6Y 4R2 Telephone number: 905 874 2798 Email address: Deborah.tracogna@brampton.ca Duration of Service provided: 5+ years Corporate Name: Province of Ontario / Risk Management & Insurance Services Branch Name of main contact: Corey Naimark, Manager, Claims Management Services Address 222 Jarvis Street 7th floor, Toronto Ontario M7A 0B6 Telephone number: 416 314 0118 Email address: corey.naimark@ontrio.ca Duration of Service provided: 17 years Corporate Name: Housing Services Corporation Name of main contact: Brian Laur Address: 30 Duncan St. Toronto Ontario M5V 2C3 Telephone number: 416 594 9325 ext 314 Email address: blour@hscorp.ca Duration of Service provided: 4 years vii. Pricing Pricing (Appendix C) information should be separated and enclosed in a separate sealed envelope (Envelope #2) as identified in section 1.5.3 of this RFP. While cost is an important factor, the City will select a proponent using all of the criteria listed above. Page 349 of 374 20 ”Restoring and enhancing lives, business and communities” We have provided Pricing in a separate envelope. viii. Supplemental Information Proponent may include any additional information in this section, however, this section will not be considered in the scoring matrix. Added Value • Experienced Dedicated lead Adjuster and supporting staff • Crawford Catastrophe Services - Catastrophe Contingent Disaster Planning is offered free of charge, and it is our practice to participate in mock disasters, we would be pleased to discuss the formulation of a customized protocol should we be awarded the contract. • Crawford iQ™, (Claims management system) no additional cost to the City • Crawford Education Services • Loss fund management, no additional cost to the city • Ability to scale up or down with resources depending on volume • Expertise of Crawford executive and management if required. Why Crawford? • Experience in Handling municipal, provincial and federal government claims • We are a leader in product diversity and innovative solutions • Crawford promotes executive participation with accountability to our customers • We support a solutions-based culture • We are strategically focused with long-term goals • Geographic coverage locally nationally and internationally • Financial stability • Thorough, timely and consistent investigation and management of claims • Data management through our CMS Claims Management System™ • Real-time web access to claims details for clients • Loss fund management • After-hours emergency claims service through our contact center, CLAIMSALERT® • Commitment to continuous education • Strong commitment to community and charitable work • Quality assurance programs • Independent – no insurer or brokerage ownership • A unique Intranet accessible to all employee • Crawford has been recognized as a “Top Employer” • No venture capitalist ownership The primary business carried out by Crawford nationwide is Independent Adjuster Services in all lines of insurance. Our services are extensive. Below, we will highlight the key services with a brief description of each. If further information is required we will provide. Page 350 of 374 21 ”Restoring and enhancing lives, business and communities” National Claims Services: Investigating, negotiating and settling claims is Crawford’s core business. Every year, our customers rely on us to handle nearly 150,000 assignments from coast-to-coast. Our team of licensed adjusters can handle all lines of auto, property and casualty losses, whether it is a task assignment or full field adjustment. Commercial Program/Third Party Administration/Risk Management Services: Our National Claims Management Centre (NCMC) was built to address the needs of both our corporate and insurer clients. It is a centrally managed concept that provides end-to-end claims services with speed and efficiency of delivery and exceptional customer service. Centrally managing programs allows us to synchronize our approach while ensuring consistency in our delivery. Our team will work to design, implement and manage programs for commercial clients with high claims frequencies, self-financed risk, or high self-insured retentions. Business Intelligence Unit (BIU): A significant and unique offering, this is a highly specialized unit compromised of Business Analysts who work with Crawford clients to provide expertise in: Setting up their accounts within the framework of our claims system (CMS) in order to properly capture and extract data that suit their needs and preferences; Assisting with the creation of customized reports that can be generated on a scheduled basis and received via email directly from CMS; Analyzing and synthesizing data to provide meaningful information and recommendations (in the form of stewardship reports) at the account level, claim type, loss type, etc.; Using industry wide bench marks and trends so individual accounts can be compared to similar segments; and Special risk management projects upon request. Lloyd’s & London Market: Crawford is globally recognized for their management of open market and delegate binder authorities for Lloyd’s & London Markets. We offer the expertise needed with claims handling, reporting requirements, financial reconciliation and Lineage. Crawford prides itself with the in-depth knowledge of Lloyd’s & London Market and its unique requirements and systems. CLAIMSALERT®: Is our 24 hour-a-day, multilingual, integrated claims reporting contact center. Emergency and non-emergency calls instantly connect insurers, brokers, risk management clients and policyholders with any of Crawford's offices worldwide. This state -of-the-art center provides callers with an unmatched level of quality and service when it counts the most. Crawford is able to provide a dedicated 1-800 telephone line for each client if required, offering a fully customized answering protocol. Global Technical Services® (GTS®): Is composed of the largest, most experienced team of strategic loss managers and technical adjusters in the world. This is a global service with nearly 500 experienced senior adjusters and industry specialists operating from 144 locations worldwide. Our team of highly specialized individuals handles global claims programs and large complex losses. They are the leading single source for expertise in areas such as: transportation and environment, commercial property, builder’s risk, boiler and machinery, major casualty, business interruption, Errors & Omissions, Directors’ & Officers’ liability, professional liability, film and entertainment, and surety and fidelity. Crawford Cyber Risk Services has the tools to help manage cyber-related events effectively and minimize the impact on your business or your customers’ business. Whatever the claim, however complex, wherever in the world, Crawford can have experts on the ground, on the phone and online—instantaneously. Crawford Cyber Risk Services provides a single, end-to-end solution for cyber-related events for both corporations and insurance carriers. Page 351 of 374 22 ”Restoring and enhancing lives, business and communities” As the go-to incident manager, the entire event response is seamlessly managed from First Notice of Loss (FNOL) to resolution, including benefits such as: guaranteed crisis management response; global capability; a single FNOL center with 200 language capability; specially selected, trained and accredited incident managers; contracted specialists that are available 24/7 and preeminent in their fields. From public notifications to forensic accounting to public relations, we have the capabilities to handle every aspect of a cyber-related event. Legal Services: This division leverages a unique combination of experience and specialization to support insurers and risk managers who require defense-related services. Educational Services: Now more than ever, companies are investing heavily in their people. Crawford offers in- class training on basic claims handling techniques in both the property and casualty claims disciplines. Our customized online Knowledge Management Centre (KMC) is also available for development to meet client’s individualized e-learning needs. We also offer an extensive suite of RIBO accredited courses for our broker community. Forensic Accounting: Our accountants act as a direct liaison for our customers in the quantification of damages as a result of insured losses. We provide forensic consulting, loss analysis and valuation in the following areas of operation: business interruption, extra expense, business personal property, builder’s risk/soft costs, third party and product liability, wrongful death/injury, employee dishonesty and accident benefit claims. Environmental Services: Crawford has the breadth and depth of knowledge and skill to respond quickly to a myriad of environmental pollution incidents. Our experienced teams can assess and introduce immediate measures to circumvent, control or manage any claim effectively – from a small domestic claim to complex, international events including the following: Hazard and exposure assessment; On/Off Shore spills; Vapor intrusion events; Fire and Explosion; Ruptured pipelines; Asbestos pollution; Radioactive leaks and toxic waste; Automotive fuel contamination; Agricultural contamination; Effluent impact on land and water; Industrial chemical pollution; and Contaminant plume migration. Contractor Connection™: A division of Crawford that provides insurers with an efficient, high quality managed- repair vendor network for residential and commercial property claims programs. We provide our clients with access to Crawford’s strictly credentialed network of contractors, detailed performance reports and customer satisfaction monitoring. Contractor recruitment, estimate reviews, assignment monitoring, re-inspections, issue resolution and contract administration are all expertly handled to increase efficiency, while reducing our clients’ indemnity costs. Appraisal Management Services: Our appraiser network provides accurate, reliable appraisals for all types of vehicles, from automobiles and classic cars to heavy equipment. Our services can be used for pre-underwriting inspections, post-accident evaluations and repair re inspections across Canada and the United States. Human Risk Services: Crawford is able to provide a full range of human risk management solutions to corporate and insurer markets. These solutions include consultation and third party administration specific to disability management and return to work programs for both workers’ compensation and non-occupational claims across the country. Our claims management software is able to track and report on customized specifications to drill down to what matters most to the client and our professional consultants are then able to convert this data into customized, proactive solutions for your workplace. Global Marine & Transportation Services: Our broad experience in marine surveys and commercial transport matters enables us to provide expertise in a wide range of hull and cargo services to both domestic and Page 352 of 374 23 ”Restoring and enhancing lives, business and communities” international markets. Our clients turn to Crawford’s marine experts for cargo surveys, loss adjusting, account management, and technical support. Catastrophe Services: A division that provides specialized support in handling high volumes of claims stemming from catastrophic events. Audit Services: Our team of auditing experts will efficiently implement, administer and manage customized claims audit programs specific to our clients’ key performance indicators. We provide a meaningful audit focused on positive reinforcement of procedures, and offer recommendations that suggest areas where improvements in performance can be made. We operate under strict confidentiality protocols and provide non-disclosure agreements to protect you and your clients. Trust Account Services: Crawford has extensive experience in managing trust funds and is currently controlling more than 55 different trust funds, with values exceeding $40,000,000 (Value does not include class action trust funds). 2. Submission Form (Appendix B) Each proposal must include a Submission Form (Appendix B) completed and signed by an authorized representative of the proponent. 3. Pricing (Appendix C) Each proposal must include pricing information that complies with the instructions contained in pricing (Appendix C). Please note that we would welcome a discussion with the City with respect to pricing on any other service Crawford offers. Page 353 of 374 Professional Profiles Page 354 of 374 Mark Beattie, CFEI Senior Adjuster Contact Information Direct Line: 800.909.2276 ext. 3201 Cell: 905.745.1657 Email: Mark.Beattie@crawco.ca www.crawfordandcompany.ca Biography Mark began his career in the insurance industry in the disaster restoration business in 1997. He began his adjusting career with Crawford & Company (Canada) Inc. in 2001. Mark specializes in commercial and residential property and casualty claims, and has handled a large caseload of Municipal Liability claims. Areas of Expertise • Commercial Property & Casualty • Condominium Losses • Fire Investigations • Municipal Liability Professional Designation • Certified Fire and Explosives Investigator (CFEI) Education • Diploma Insurance Administration, Mohawk College Page 355 of 374 Spencer Bailey, CIP General Adjuster Global Technical Services GTA West Branch Manager Contact Information Direct Line: 800.909.2276 ext. 3201 Cell: 905.745.1657 Email: Mark.Beattie@crawco.ca www.crawfordandcompany.ca Biography Spencer commenced his career in 1990 working solely within the independent adjusting field. He has held roles of branch operations management, catastrophe management, quality assurance and audit, and account management. Spencer has been with Crawford & Company (Canada) Inc. since October 2014. He is a Past President and Honorary Life member of the Ontario Insurance Adjusters Association. Areas of Expertise • Greenhouse / Indoor Growing • Commercial / Residential Property • Business Interruption • Municipal Liability • CGL • Product Liability Professional Designations • Chartered Insurance Professional (CIP) • All Lines Licensed Insurance Adjuster, Ontario Education • Business of Insurance, Mohawk College • Residential Estimating, Vale Institute • Commercial Property & Casualty • Condominium Losses • Fire Investigations • Municipal Liability Page 356 of 374 Stephen Palozzi, BA, CIP Adjuster Contact Information Direct Line: 905-206-5410 Cell: 647-328-6923 Email: Stephen.palozzi@crawco.ca LinkedIn: https://ca.linkedin.com/in/stephen- palozzi-cip-67a67685 crawfordandcompany.ca Biography Stephen began his insurance career in 2001, after acquiring an undergraduate Bachelor of Arts degree from the University of Toronto. Throughout his professional career, Stephen has worked for top-name property and casualty insurance companies. Stephen joined Crawford & Company (Canada) Inc. in 2008. Working out of the Toronto West office, Stephen is predominantly responsible for managing liability and property claims. Areas of Expertise • Liability • Bodily Injury • Property • Auto Bodily Injury Professional Designation • Chartered Insurance Professional, CIP • All Lines Licensed Insurance Adjuster, Ontario Education • Bachelors of Arts, University of Toronto Page 357 of 374 Eric Griffi, BA Junior Adjuster Contact Information Direct Line: (905)688-6391 ext. 3213 Cell: (905)685-2749 Email: Eric.Griffi@crawco.ca www.crawfordandcompany.ca Biography Eric began his career in the insurance industry with Crawford & Company (Canada) in the auto department in 2017. Eric currently works with our property team specializing in residential and commercial property. Eric also handles casualty and automobile liability files for Crawford. Areas of Experience • Residential and Commercial Property & Casualty • Condominium Losses • Automobile Losses • Automobile Liability Professional Designation • Currently working toward Charted Insurance Professional designation Education • Bachelor of Arts, Brock University Page 358 of 374 CRAWFORD & COMPANY (CANADA) INC. Address 539 RIVERBEND DR City KITCHENER ON N2K 3S3 Current Status Renewed License No 19C0027-R Expiry Date June 30, 2020 Licence Type Adjuster for the Companies Classes All Classes This is not an Adjusting Agency licence. The actual licence is the document issued to the Adjusting Agency and signed by the Superintendent of Financial Services. You may download this page provided you do not modify its contents. Information is current as of: November 25, 2019 Go back Page 359 of 374 Submission Form Page 360 of 374 Page 361 of 374 Page 362 of 374 Page 363 of 374 Page 364 of 374 THE CORPORATION OF THE CITY OF NIAGARA FALLS ADDENDUM #1 RFP37-2019 INSURANCE CLAIMS ADJUSTING SERVICES CLOSING DATE: Wed., Nov. 27, 2019 at 2:00 p.m. local time This addendum shall form an integral part of the Request for Proposal (RFP) documents for the above noted RFP and shall be read in conjunction therewith. This addendum shall, however, take precedence over all requirements as it pertains to the particular and specific items noted below. This addendum must be signed by the Bidder in the appropriate space and must be attached to the Bidder’s Proposal submission at the stated time of the closing of the RFP or prior to this time. Proposals submissions not including this addendum may be rejected. Pg. 18, Item 7 – Disbursements – revised as follows: Disbursements. The Service Provider shall not, except as specifically provided in this Agreement or agreed to in advance by the City in writing, charge the City for disbursements all of which are to be included in the all-inclusive hourly rate of the Service Provider. The Bidder shall take due notice of the above noted changes and make allowance for same in the Proposal to be submitted to the City of Niagara Falls. COMPANY NAME: PROPONENT’S SIGNATURE: PROPONENT’S NAME: (Please Print) DATE: Crawford & Company (Canada) Inc. Greg Smith November 25, 2019 Page 365 of 374 Page 366 of 374 Page 367 of 374 Page 368 of 374 Page 369 of 374 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule AD4” and that Schedule “D4” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council this 2nd day of June, 2020. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 370 of 374 SCHEDULE “D4” HOCO LIMITED 1. Parking By-law Enforcement Officers on private property: Justin Baird James Hole James D’Annunzio Abby Kapur Aiden Loughlin Abbey MacPherson Dean Murray Nathan Poole Brittany Forcucci Emily Romano Page 371 of 374 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to accept and declare lands as a public highway to form part of Pin Oak Drive. WHEREAS Section 31(2) of the Municipal Act, 2001, provides, that after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money; AND WHEREAS Report MW -2020-09 was considered at the Council Meeting held on May 12, 2020, and, subsequently approved by Council, to accept a transfer of land from 2683421 Ontario Limited, for road widening purposes of the east side of Pin Oak Drive; AND WHEREAS it is deemed desirable to authorize the acceptance of the lands and declare same as a public highway to form part of Pin Oak Drive; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the acceptance of the land from 2683421 Ontario Limited, legally described as Part of Block A on Plan M-40 designated as Parts 1 & 2 on 59R-16697, Niagara Falls, being part of PIN 64263-1039 (LT) (the “Subject Lands”), is hereby authorized and approved. 2. That the Subject Lands are hereby established as a public highway to be known as and form part of Pin Oak Drive, for public use. 3. That the City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the Subject Lands in the Land Registry Office. 4. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Read a First, Second and Third time; passed, signed and sealed in open Council this 2nd day of June, 2020. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 372 of 374 CITY OF NIAGARA FALLS By-law No. 2020 – A by-law to provide for the levy and collection of sums required by the Main and Ferry Business Improvement Area for the year 2020. WHEREAS the Board of Management of the Main and Ferry Business Improvement Area was established by By-law No. 98-225 of the City of Niagara Falls; AND WHEREAS Section 208 of the Municipal Act, 2001, S.O. 2001, c. 25 requires that a Board of Management of a Business Improvement Area shall prepare a budget for each fiscal year and shall hold one or more meetings of the members of the Business Improvement Area for discussion of the proposed budget, and submit the budget for approval by Council; AND WHEREAS the Board of Management of the Main and Ferry Business Improvement Area has prepared a budget and presented that budget to the members of the Main and Ferry Business Improvement Area at a meeting of members of the Main and Ferry Business Improvement Area; AND WHEREAS the budget of the Main and Ferry Business Improvement Area is raised by a levy upon the ratable property within the area of the Business Improvement Area; AND WHEREAS the Board of Management of the Main and Ferry Business Improvement Area has proposed that the budget be levied as a minimum or maximum charge pursuant to Section 208(3) of the Act; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The sum of $26,500.00 shall be levied upon the non-residential properties located within the boundaries of the Main and Ferry Business Improvement Area. 2. Each property shall pay an amount calculated by dividing the sum of $26,500.00 by the number of non-residential properties within the boundaries of the Main and Ferry Business Improvement Area. 3. For the 2018 fiscal year the amount levied upon each non -residential property within the boundaries of the area of the Main and Ferry Business Improvement Area shall be $339.74. 4. This by-law shall come into full force and effect on the date of passage. Read a First, Second and Third time; passed, signed and sealed in open Council this 2nd day of June, 2020. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 373 of 374 CITY OF NIAGARA FALLS By-law No. 2020 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2nd day of June, 2020. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 2nd day of June 2020 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 2nd day of June, 2020. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 374 of 374