HomeMy WebLinkAbout01-19-2021
City of Niagara Falls
Agenda
City Council Meeting
Tuesday, January 19, 2021 @ 2:00 PM
Council Chambers/Zoom App
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: Sky Halle (recorded version)
2. ADOPTION OF MINUTES
2.1.
Council Minutes of December 8, 2020
Minutes - City Council - 08 Dec 2020
15 - 39
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. PRESENTATIONS
5.1.
Niagara Region Transit Governance Study (Presentation, full report
(Region) and CAO report added)
Matt Robinson, Director, GO Implementation Office will be presenting
the transit governance model to Council. Project Team Staff from the
Transit Governance CAO Working Group will be available to answer
questions if necessary.
Recommendations for consideration from the Linking Niagara Transit
Committee held on October 21, 2020.
Additionally, attached is supplemental information to Report LNTC -C 4-
40 - 410
Page 1 of 947
2020 (26 page report).
RECOMMENDATION: That Council consider the resolution outlined in
Appendix 1* to Report LNTC-C 4-2020, advising the Regional Clerk of
any municipal feedback.
*(Appendix 1 can be found on pages 29 & 30 in the attached
correspondence)
Presentation - Niagara Falls - Governance (Niagara Region)
CAO-2021-01 - Niagara Transit Governance Report
Niagara Transit Governance Review Final Report
CLK-C 2020-209 PWC-C 44-2020 (LNTC-C 4-2020)
CLK-C 2020-221 PWC-C 50-2020 (26 page report - supplementary
information)
5.2.
2021 Parking Budget (Presentation updated)
Tiffany Clark, Director of Finance will be presenting the 2021 Parking
Budget to Council.
Paul Brown, Manager of Parking Services, Transportation Services will
be available for any questions.
2021 PARKING BUDGET - MEDIA
Presentation - 2021 Parking Budget 01.19.21 (Updated)
411 - 440
5.3.
MW-2021-07
Proposed Parking Fine Increase
MW-2021-07 - Proposed parking penalty rate increase
MW-2021-07 - By-Law
441 - 450
5.4.
REPORT - F-2021-06
2019 Parking Fund Budget to Actual (unaudited) Comparison
F-2021-06 2019 Parking Fund Budget to Actual (unaudited) Comparison
F-2021-06 Attachment 1 - Parking Fund 2019 Budget to Actual
451 - 455
Page 2 of 947
(unaudited) Comparison
6. PLANNING MATTERS
The Public Meetings are scheduled to begin at 4:30 PM.
6.1.
PBD-2021-01 (Presentation added)
Proposed Amendments to Sign By-law No. 2008-224
PBD-2021-01, Proposed Amendments to Sign By-law
Presentation - SBA-2020-002 Amendments COUNCIL
456 - 467
6.2.
PBD-2021-03 (Comments from Merani Hotel added; Presentation
added)
AM-2020-010, Zoning By-law Amendment Application
5769-5781 Victoria Ave (Parcel 1), 5715 Ellen Ave (Parcel 2) & 5072
Magdalen St (Parcel 3)
Proposal: 5 storey Addition to the Existing Hotel on Parcel 1 with
Off-Site Parking on Parcel 2 and 3
Applicant: Vommero Enterprises Limited (Tony Vommero)
Agent: Raimondo & Associates Architects Inc. (Emilio Raimondo)
PBD-2021-03, AM-2020-010, Zoning By-law Amendment, 5769-5781
Victoria Ave, 5715 Ellen Ave & 5072 Magdalen St
2020_11_23 Comments fr Merani Hotel AM-2020-010
Presentation - AM-010 5769-5781 Victoria 5715 Ellen and 5072
Magdalen 5 storey addition
468 - 500
6.3.
PBD-2021-04 (Comments from Resident added; Presentation
added)
AM-2020-015, Zoning By-law Amendment Application
4457 Ferguson Street
Applicant: Rena Vaturi
PBD-2021-04, AM-2020-015, 4457 Ferguson Street
2021_01_13 Comments fm Jason Gordon AM-2020-015 (Redacted)
Presentation - AM-015, 4457 Ferguson St, ZBLA
501 - 515
Page 3 of 947
7. REPORTS
7.1.
F-2021-01
Procurement By-law Update
F-2021-01 Procurement By-law Update
F-2021-01 Attachment 1 Summary of Amendments to Signing Authority
and Procurement Limits
Procurement By-law 1.19.21
516 - 556
7.2.
F-2021-05
2021 Capital Budget Follow-up
F-2021-05 2021 Capital Budget Follow Up
F-2021-05 Attachment 1 - 2021 Capital Budget - Revised List of Tax
Supported Operating Budget Funded Projects
F-2021-05 Attachment 2 - 2021 Capital Budget - Original List of Tax
Supported Operating Budget Funded Projects
F-2021-05 Attachment 3 - 2021 Capital Budget - Proposed 2021 Capital
Budget
557 - 566
7.3.
F-2021-07
Non-Owned Automobile Liability Policy
F-2021-07 Non-Owned Automobile Liability Policy
F-2021-07 Attachment 1 700.31 Non-Owned Automobile Liability Policy
567 - 571
7.4.
F-2021-08
Video Security Policy
F-2021-08 Video Security Policy
F-2021-08 Attachment 1 700.30 Video Security Policy
572 - 586
7.5.
F-2021-10
Tax Supported Operating Budget Variance Analysis
587 - 644
Page 4 of 947
F-2021-10 2021 Tax Supported Operating Budget Variance Analysis
F-2021-10 Attachment 1 - City Council, Committees, Boards and Grants
Summaries
F-2021-10 Attachment 2 - Administrative Services Summaries
F-2021-10 Attachment 3 - Fire Services Summaries
F-2021-10 Attachment 4 - Municipal Works Services Summaries
F-2021-10 Attachment 5 - Cemeteries, Parks and Landscape
Summaries
F-2021-10 Attachment 6 - Transportation Services Summaries
F-2021-10 Attachment 7 - Recreation and Culture Services Summaries
F-2021-10 Attachment 8 - Planning and Building Services Summaries
F-2021-10 Attachment 9 - Business Development Services Summaries
F-2021-10 Attachment 10 - City of Niagara Falls Summary of Revenue
and Expense
7.6.
HR-2021-01
Executive Search Firm and Proposed Terms of Reference for the
Chief Administrative Officer (CAO) recruitment committee
HR-2021-01 Search Firm Report
Terms of Reference CAO recruitment Committee - DRAFT
645 - 648
7.7.
MW-2021-01
8800 McLeod Rd Water and Wastewater Consumption Grant
Request
MW-2021-01 8800 McLeod Rd Water and Wastewater Consumption
Grant Request
649 - 650
7.8.
MW-2021-02
Proposed Cemetery By-Laws 2021 - #
651 - 719
Page 5 of 947
MW-2021-02 - Proposed Cemetery By-Laws 2021 - #
MW-2021-02 - Attachment 1 - Niagara Falls Review Notice -
NOV27_2020
MW-2021-02 - Attachment 2 -Niagara Falls Cemetery By Laws - 2021 -
# - (For Council Review & Approval)
MW-2021-02 - Attachment 3 - Summary of Comments and Proposed
Changes
MW-2021-02 - Attachment 4 - Cemetery By Law Comments and Edits
7.9.
MW-2021-03
City of Niagara Falls City-Wide Sanitary Sewer Rehabilitation 3
Year Program
MW-2021-03 - City of Niagara Falls Sanitary Sewer Rehabilitation 3-
Year Program
MW-2021-03 - Attachment 1 - CIPP Figure 1
720 - 725
7.10.
PBD-2021-02
PLC-2020-005, Request for Removal of Part Lot Control
Block 2, Registered Plan 59M-474
6731-6751 Cropp Street
Applicant: Winzen Niagara Homes Limited
PBD-2021-02, PLC-2020-005, Request for Removal of Part Lot Control,
Winzen Niagara Homes
726 - 729
8. 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-2021-02
730 - 733
Page 6 of 947
Monthly Tax Receivables Report - November
F-2021-02- Tax Receivables Monthly Report (November)
F-2021-02 Attachment
F-2021-03
2021 Interim Tax Levy
F-2021-03- 2021 Interim Tax Levy
734 - 735
F-2021-04
Municipal Accounts
F-2021-04 Municipal Accounts
F-2021-04 Attachment
736 - 746
L-2021-01
Declare Surplus of Lands
Lands between 3846 Portage Road and 3843 Orlando Drive
Our File No. 2019-193
L-2021-01 - Vacant Lands between 3846 Portage Road and 38 43
Orlando Drive - Report to Declare Surplus
747 - 751
MW-2021-04 (Report updated)
FedDev Tourist Area Connection and Transportation Study
MW-2021-04 FedDev Tourist Area Connection Study
752 - 754
MW-2021-05
Alpine Drive at Pamela Drive
Intersection Control Review
MW-2021-05 Alpine Drive @ Pamela Drive - Intersection Control
Review
MW-2021-05 Attachment 1 - Study Area Map
755 - 757
MW-2021-06
Green Avenue and Hodgson Avenue
Intersection Control Review
758 - 760
Page 7 of 947
MW-2021-06 Hodgson Avenue @ Green Avenue - Intersection Control
Review
MW-2021-06 Attachment 1 - Study Area Map
MW-2021-08
Traffic Signal Signing Authority
MW-2021-08 Traffic Signal Signing Authority
761 - 762
R&C-2021-01
2020 Annual Update from the Public Art Advisory Task Force
R&C-2021-01-2020 Annual Update from the Public Art Advisory Task
Force
763 - 766
9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
9.1.
Niagara Physicians' Letter - re: Moderna Vaccine
RECOMMENDATION: That Council support the NHS request and
echo the concerns in a letter to our Member of Provincial Parliament as
well as Ontario Premier, Doug Ford.
01 13 2021 Letter from MAC and MSA Niagara Health
Email from Dr. Hirji to Councillors
767 - 771
9.2.
Resolutions - City of St. Catharines
Attached are resolutions from the City of St. Catharines regarding:
1) Ontario Gas Fired Power Plants that was sent to Premier Ford
2) Hospice Workers
RECOMMENDATION: For the Information of Council.
Notification - Hospice Workers
Notification - Premier Ford - Ontario Gas Fired Power Plants
772 - 775
9.3.
Correspondence from Vann Niagara Ltd. - Sign Relocation
Larry Vann requests the removal of an existing billboard located at the
northwest corner of Victoria Avenue and Bridge Street to make room for
776
Page 8 of 947
the new roundabout and to relocate to a different location.
RECOMMENDATION: To refer the matter to staff.
Niagara Falls Relocation Letter 1
9.4.
Resolution - Town of Pelham - Support for 988 Crisis Hotline
Attached is a resolution endorsed by the Council of the Town of Pelham
at their December 14, 2020 meeting calling for support of the 988 crisis
hotline.
RECOMMENDATION: For Council's Consideration.
Town of Pelham - December 14, 2020 Resolution re Support for 988
Crisis Line
777 - 778
9.5.
Various Niagara Regional Correspondence
Attachments below regarding:
1) Ecological Land Classification Mapping Project
2) Niagara Official Plan - Consultation Update
3) 2021 Budget - Water & Wastewater Operating Budget, Rate Setting
and Requisition
4) Policy for Timing of Development Charge Calculation, Installment and
Interest for the Purpose of section 26.1 and 26.2 of the Development
Charges Act.
RECOMMENDATION: For the Information of Council.
CLK-C 2020-223 PDS 33-2020
PDS 33-2020
CLK-C 2020-224 PDS 35-2020
PDS 35-2020
CLK-C 2020-244 BRC CSD 65-2020
CLK-C 2020-227
779 - 861
9.6.
Victoria Centre BIA - Letter to Council (Memo from Director of
Finance added)
862 - 869
Page 9 of 947
Victoria Centre BIA sent Council correspondence in regards to
contribution payments to the Scotiabank Convention Centre.
RECOMMENDATION: For Council's Consideration.
Victoria Centre BIA Letter to Council
01-19-2021 Memo - Victoria Centre BIA Letter to Council dated
December 28, 2020
9.7.
Housing Directions Strategy Study
The Planning Department has embarked on the preparation of a
Housing Directions Strategy Study to be undertaken by Dillon
Consulting. The Study's purpose is outlined in more detail in the
attachment. The Study is to be guided by a Technical Advisory
Committee (TAC) composed of City staff, Regional representatives,
agency participants and City Council members.
RECOMMENDATION: That Council appoint Councillor Dabrowski,
Campbell and Lococo to the Technical Advisory Committee (TAC) to
serve as Council representatives.
MemoAppointmentTo Technical Advisory Committee (TAC)
870
9.8.
Flag-Raising Request - Bell Let's Talk Day
The 11th annual Bell Let’s Talk Day is on Thursday, January 28.
Staff from Bell have requested the City of Niagara Falls to join again by
raising a Bell Let’s Talk flag in our community on January 28, or during
the week leading up to Bell Let’s Talk Day. Raising the Bell Let’s Talk
flag is a safe and visible reminder to the members of our community that
mental health matters and that help is available.
RECOMMENDATION: For the Approval of Council.
Flag-Raising Request - Bell Let's Talk Day
871 - 872
9.9.
Team Ryker - Lifting Ryker's spirits - possible Flag-raising and fire
truck escort
A local teacher, Michael Folino, has reached out to the Mayor's office
with a request to do something special for a former student - Ryker.
Last March, Ryker was involved in a horrific accident that left over 80%
of his body burnt. He has been fighting for his life at Sick Kids in
Toronto. Ryker is doing better but has a long road of recovery ahead
and may be coming home from hospital in February. The request is to
Page 10 of 947
fly his Team Ryker flag at City Hall and to possibly arrange for a fire
truck escort for him from Mountain Road to his house (close to
Cherrywood acres). Mayor Jim will be recording a video message for
him to let him know that the City is behind him.
RECOMMENDATION: For Council's Approval.
9.10.
2021 Census of Population
RECOMMENDATION: That Council supports the 2021 Census and
encourages all residents to complete their census questionnaire online
at www.census.gc.ca.
2021 Census
873
9.11.
Proclamation Request - International Child/Adolescent Cancer Day
and Illumination Request
The request is to have the City of Niagara Falls proclaim Monday,
February 15th, 2021 as International Child/Adolescent Cancer Day and
to request the Falls be lit up that same evening.
RECOMMENDATION: That the City of Niagara Falls proclaim Monday,
February 15, 2021 as International Child/Adolescent Cancer Day and to
support the Niagara Falls Illumination Board to light up the Falls the
evening of February 15th, 2021.
Proclamation - International Child-Adolescent Cancer Day and
Illumination Request
874 - 875
9.12.
Communication from Heads of Council - COVID - 19 Update
RECOMMENDATION: For the Information of Council.
Head-of-Council-COVID-19-Update
876 - 877
10. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-law listed for Council consideration.
2021-1 - A by-law to authorize the payment of $22,926,532.49 for
General Purposes.
01 - Municipal Accounts 210119
878
Page 11 of 947
2021-2 - A by-law to provide an interim levy of realty taxes.
2021 Interim Levy Bylaw 1.19.21
879
2021-3 - A by-law to appointment an Acting City Treasurer.
Acting Treasurer Appointment 1.19.21
880
2021-4 - A by-law to define the procurement policies and procedures for
the Corporation of the City of Niagara Falls.
Procurement By-law 1.19.21
881 - 916
2021-5 - A by-law to designate Block 2, Registered Plan 59M-474, not to
be subject to part-lot control (PLC-2020-005).
PLC-2020-005 By-law
917
2021-6 - A by-law to designate Lots 479, 480, 481, 482, 483 and 484
inclusive on Plan 9 and Park Street, also known as Union Avenue on
Plan 9, to be deemed not to be within a registered plan of subdivision
(DB-2020-011).(By-law updated)
DB-2020-011 By-law
918
2021-7 - A by-law to amend By-law No. 79-200, to permit a 4 storey
hotel and a 7 storey hotel on the lands and to repeal By-law No. 2006-
93 (AM-2020-013).
AM-2020-013 By-law
AM-2020-013 Schedule 1
AM-2020-013 Schedule 2
919 - 924
2021-8 - A by-law to provide for the adoption of Amendment No. 137 to
the City of Niagara Falls Official Plan, in accordance with an Order
issued by the Local Planning Appeal Tribunal dated December 16, 2020
(AM-2018-028).
OPA 137 By-law - LPAT Ordered
925 - 930
Page 12 of 947
OPA 137 Map 1
OPA 137 Map 2
2021-9 - A by-law to amend By-law No. 79-200, in accordance with an
Order issued by the Local Planning Appeal Tribunal dated December
16, 2020, to allow a six storey building on the lands with limited
commercial uses on the ground floor, 12 affordable dwelling units on the
ground floor, 52 dwelling units above the ground floor and site specific
parking requirements (AM-2018-028).
AM-2018-028 By-law - LPAT Ordered
AM-2018-028 Schedule
931 - 934
2021-10 - A by-law to declare Vacant Land between 3846 Portage Road
and 3843 Orlando Drive, being Part Block M on Plan 33 being Part 2 on
59R-11823, and, Part Block L on Plan M33 being Part 1 on 59R-11823,
as surplus.
By-law - Declare Vacant Land between 3846 Portage Road and 3843
Orlando Drive
935
2021-11 - A by-law to establish Part 8 on 59R-7160 (one foot reserve)
as a public highway to be known as, and, form part of Post Road.
By-Law to Establish Highway (lift one foot reserve) - Post Rd.
936
2021-12 - A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Prohibited)
January 19 - Prince Edward Avenue
937 - 938
2021-13 - A by-law to amend By-law No. 2014-65, being a By-law to
establish a System of Administrative Penalties respecting the stopping,
standing or parking of vehicles in the City of Niagara Falls.
MW-2021-07 - By-Law
939 - 946
2021-14 - A by-law to adopt, ratify and confirm the actions of City
Council at its meeting held on the 19th day of January, 2021.
01 19 21 Confirming By-law
947
Page 13 of 947
11. NEW BUSINESS
12. ADJOURNMENT
Page 14 of 947
MINUTES
City Council Meeting
Tuesday, December 8, 2020 at 4:00 PM
Council Chambers/Zoom App.
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Carolynn Ioannoni,
Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange,
Councillor Wayne Thomson, and Councillor Chris Dabrowski
COUNCIL ABSENT:
COUNCIL LATE:
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In-Camera (Resolution updated)
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Thomson that Council enter into an In-Camera
session.
Carried Unanimously
2. CALL TO ORDER
O Canada: Taylor Nicol (recorded version)
3. ADOPTION OF MINUTES
3.1. Council Minutes of November 17, 2020
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the minutes of November 17, 2020 be
approved as recommended.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
4. DISCLOSURES OF PECUNIARY INTEREST
Page 1 of 25
Page 15 of 947
City Council
December 8, 2020
Disclosures of pecuniary interest and a brief explanation thereof will be made
for the current Council Meeting at this time.
a) Councillor Lori Lococo indicated a conflict of interest/pecuniary interest
to the following:
• Item #10.12 - Downtown BIA Constitution - Conflict declared
citing an outstanding employment issue with spouse.
• Cheque #441895, payable to herself, dated October 28, 2020 in
the amount of $122.12 for reimbursement of expenses.
• Cheque #441917, payable to Niagara Falls Art Gallery, dated
October 28th, 2020 in the amount of $2,333.34 as she sits on the
board as a resident.
b) Councillor Victor Pietrangelo declared a conflict/pecuniary interest to the
following:
• Cheque #00316-0031, payable to NCDSB, employer.
• Cheque #442235, payable to NCDSB, employer.
c) Councillor Vince Kerrio declared a conflict of interest to the following:
• Item #7.2 - PBD-2020-80 (AM-2020-013) 5525 & 4858 Kitchener
Street as he owns property very close.
• Item #10.13 - Victoria Centre BIA - 2021 Budget - asking for relief
budge from Convention Centre payment.
d) Mayor Diodati indicated a pecuniary interest to cheque #441849 under
Municipal Accounts, payable to himself.
5. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences on the passing of Arturo Miresse ,
father of Nick Miresse of our Municipal Works Department; Heather
Marchment, mother of Sarah Boshart of our Transportation Department;
Jim Butyniec, father of David (in Finance) and Steve (in Recreation and
Culture and Bill Pool, husband of Paisley Janvary-Pool, former City
Councillor.
b) Mayor Diodati recognized Councillor Campbell for attending the "Flag
Raising for AIDS Awareness Week."
c) Mayor Diodati recognized Councillor Dabrowski for attending the "Hong
Kon Veterans Flag Raising" at the Armoury.
d) Mayor Diodati recognized CAO, Ken Todd of his exemplary service to
the City and mentioned the following in his honour:
Page 2 of 25
Page 16 of 947
City Council
December 8, 2020
• The Canadian Association of Municipal Administrators (CAMA)
has awarded Long Service recognition to CAO, Ken Todd
• Thank you to Ken for his dedication to public service and
municipal management of our staff and the Corporation of the
City of Niagara Falls
• His career has taken him through the ranks at the Cities of
Thorold and St. Catharines
• He returned to Niagara Falls to lead us through the last 11.5
years
• Congratulations to Ken Todd for 35 years of municipal service
• On behalf of Members of Council, our entire staff and the City of
Niagara Falls – THANK YOU
e) Minister Announces $12 million funding in Niagara Falls
• Minister Lisa MacLeod announced $12 in stimulus funding for
Niagara Parks Commission
• Catalyst for hospitality
• 40,000 people rely on hospitality in Niagara to support their
families
• Thank you to government
• Read excerpts from 2 letters:
a. Janice Thomson, Niagara Falls Tourism (former NPC
Chair)
▪ “As Chair of the NPC until late 2018, I am well
aware of how important the NPC is to the economy
and to the opportunities that can be realized with
financial support.
▪ The NPC recovered well from the last major
downturn in the economy in 2008, increasing
annual revenue from $76million to over $120
million.
▪ In addition to preserving the natural attributes along
the Niagara River, NPC is responsible for the
preservation and promotion of heritage assets that
tell the story of our past. The jobs that are
generated by the NPC are important to area
residents, with generations of families having
proudly served this unique organization.
▪ The economic impact of NPC’s activities affect
many small and medium sized businesses in
Niagara Falls and throughout Ontario.”
b. Doug Birrell, Niagara Falls Canada Hotel Association
▪ “On behalf of the Niagara Falls Canada Hotel
Association, I want to thank you for your recent
funding support of the Niagara Parks Commission,
Page 3 of 25
Page 17 of 947
City Council
December 8, 2020
during these arduous times. The Niagara Parks
Commission is an amazing organization that
provides the most unique experiences and
manages the vast diversified (city within a city) that
includes spectacular attractions, gardens and
infrastructure that makes Niagara Falls the iconic
world class destination.
▪ It would be hard to imagine what Niagara would
look like, without the spectacular Niagara Parks.”
f) Winter Plan
• This winter in Niagara Falls—implementing a Winter Strategy
• Put together by the Emergency Control Group (ECG)
• Support outdoor restaurants, patios & pop-ups
• Make it easier to get around in winter
o Identifying and clearing trails of snow and ice
o Signage and more options for cross country skiing/ snow
shoeing
• Winter activity highlights:
o Track at MacBain Centre & Gale Centre
o Outdoor rink for ball hockey and skating at Gale Centre
o Outdoor neighbourhood rinks with community support
o Tobogganing
• Winter map with all activities highlighted is coming soon!
• Niagarafalls.ca for updated details
g) The Exchange
• Construction has begun—exciting!
• Finally, the old Sylvia Place market structure has been taken
down to make way for The Exchange Culture Hub and Market.
• A virtual, COVID friendly, groundbreaking took place.
• Short video to share with you tonight. [Play video]
• Planned opening—Spring 2022.
• For more information visit “letstalkniagarafalls” online
h) Student Christmas Card Contest Winners
[slides were shown to display each card and name of student]
• This year’s Mayor’s Office Christmas Card features artwork from
students in our community
• Contest winners are:
• Chloe Fisher, grade 3, Notre Dame-de-la-Jeunesse
• Rebecca Belashov, grade 8, Notre Dame-de-la-Jeunesse
• Tristan Royer, grade 2, Notre Dame-de-la-Jeunesse
• Lily Lococo, grade 8, Loretto Catholic
Page 4 of 25
Page 18 of 947
City Council
December 8, 2020
• Elisha Amer, grade 8, Loretto Catholic
• Mathew Chisholm, grade 8, Loretto Catholic
• Congratulations to all of the student winners
• THANK YOU for sharing your talents and your artwork with the
community
• Artwork is on display in the front lobby of City Hall
i) Meadows of Dorchester
(slide show of pictures were shown)
• Months of COVID protocols at long-term care homes have taken
their toll and changed the experience for nursing home residents
o Visitors from windows
o Caregivers with masks on
o Limited contact with outside world
o No Christmas decorations (strict sanitization protocols)
• Staff member Carol Bilodeau saw the effect these changes had
• Reached out to the community for support
• Canadian Tire stepped in—donated $2500 in outdoor Christmas
displays and lighting
• Volunteers put up the lights for residents to see from their rooms
• They know they are thought-of and cared-for by the community
• Thank you to Carol Bilodeau, Canadian Tire and all the
volunteers
• Feel-good Christmas story / people looking out for eachother
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that a letter of thanks from the Mayor's
office be sent to the owners of Canadian Tire on Morrison Street, Paul
and Kelly Medeiros for stepping in and donating $2500.00 in outdoor
Christmas displays and lighting to Meadows of Dorchester.
Carried Unanimously (Councillor Carolynn Ioannoni was absent from the
vote).
j) Mayor Diodati wished everyone a very Merry Christmas and Happy New
Year and announced that the next Council meeting would be held on
Tuesday, January 19th, 2021.
6. PRESENTATIONS
6.1. PBD-2020-83
Cannabis Operations
SGL Planning & Design Inc. Study Presentation
The consultants from SGL Planning & Design, Paul Lowes and Susanne
Page 5 of 25
Page 19 of 947
City Council
December 8, 2020
MacDonald provided a powerpoint presentation to Council on the
Cannabis Study - Land Use Review Report on their work to date and
input received recently from the public. They were seeking Council’s
direction on an option.
NOTE: This was not the prescribed Public Meeting. That will be
scheduled for a later date.
The report recommends that Council receive the Consultant's
presentation and direct the preparation of amendments to the Official
Plan, Zoning By-law and Site Plan Control By-law.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that Council receive the Consultant's
presentation and direct the preparation of the draft amendments to th e
Official Plan, Zoning By-law and Site Plan Control By-law and to come
back with maps to show different setbacks.
Carried Unanimously
7. PLANNING MATTERS
7.1. PBD-2020-78
26T-11-2020-003
Cytec Thorold Stone Road Lands Draft Plan of Subdivision
Application
North and South Side of Thorold Stone Road east of Stanley
Avenue
Applicant: 1939522 Ontario Ltd. (Tony DiFruscio)
Agent: LANDx Developments (Tim Collins)
The report recommends the following:
1. That the Cytec Thorold Stone Road Plan of Subdivision be draft
approved subject to the conditions in the attached Appendix A;
2. 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;
3. That draft approval be given for three years, after which approval
Page 6 of 25
Page 20 of 947
City Council
December 8, 2020
will lapse unless an extension is requested by the developer and
granted by Council; and
4. That the Mayor and City Clerk be authorized to execute the
Subdivision Agreement and any required documents to allow or
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-2020-78.
The Public Meeting was closed.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
Carried Unanimously (Councillor Carolynn Ioannoni opposed to the
vote).
7.2. PBD-2020-80
AM-2020-013, Zoning By-law Amendment Application
5525 Victoria Avenue & 4858 Kitchener Street
Proposal: 7 storey Addition to the Existing Hotel
Applicant: 1923222 Ontario Ltd. (Mike Bufalino)
Agent: Raimondo & Associates Architects Inc. (David Robbins)
The report recommends the following:
1. That Council approve the Zoning By-law amendment application
for the subject lands to a site specific Tourist Commercial (TC)
zone to permit the construction of a 7-storey addition to the
existing 7-storey hotel, subject to the regulations outlined in this
report.
2. That Council approve the request to pass a by-law to deem Lots
479, - 485 inclusive, Park Street AKA Union Avenue, Plan 9 and
Lots 486 -488 inclusive, Plan 297 to not be in a plan of
subdivision and that this by-law be placed on Council's agenda at
the same time as the amending zoning by-law.
Alex Herlovitch, Director of Planning, Building and Development, gave
an overview of the background report PBD-2020-80.
Page 7 of 25
Page 21 of 947
City Council
December 8, 2020
The Public Meeting was closed.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
Carried Unanimously (Councillor Vince Kerrio declared a conflict of
interest).
8. REPORTS
8.1. 2021 Water/Wastewater Budget
Tiffany Clark, Director of Finance, was present to update Council on the
2021 Water/Wastewater Budget. Council did not require Tiffany to
present the budget.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that Council approve the 2021 Water and
Wastewater Budget and associated rates, as presented in the
presentation attached to agenda.
Carried Unanimously
8.2. TS-2020-35
Transit Strategic Business Plan & Ridership Growth Strategy:
Five-Year Update (2021-2025)
Carla Stout, General Manager of Transit Services, provided the Transit
Strategic Business Plan & Ridership Growth Strategy by reviewing a
presentation to Council.
The report recommends the following:
1. That the Transit Strategic Business Plan and Ridership Growth
Strategy: Five-year Update be received for the information of
Council.
2. That any 2021 financial impacts resulting from implementing
recommendations within the Transit Strategic Business Plan and
Ridership Growth Strategy: Five-Year Update be forwarded for
consideration as part of the 2021 Budget deliberations.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Page 8 of 25
Page 22 of 947
City Council
December 8, 2020
Councillor Victor Pietrangelo that the report be approved as
recommended.
Carried Unanimously
8.3. CD-2020-08
Fee Waiver Application
Women’s Place of South Niagara Inc. – Nova House Expansion
The report recommends that Council consider the Fee Waiver
Application for:
• Women's Place of South Niagara Inc. respectfully seeking
support from the City of Niagara Falls for a grant equivalent to the
Cities' building permit fees, in the amount of $17,751.54, for their
Nova House shelter expansion project in Niagara Falls.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that Council approve the Fee Waiver Application
for Women's Place of South Niagara Inc. respectfully seeking support
from the City of Niagara Falls for a grant equivalent to the Cities' building
permit fees, in the amount of $17,751.54, for their Nova House shelter
expansion project in Niagara Falls.
Carried Unanimously
8.4. F-2020-48
Special COVID-19 Pre-Authorized Property Tax Payment Plan
The report recommends the following:
1. That Council pass the creation of a Special Pre-Authorized
Property Taxes COVID-19 Payment Plan.
2. That Council pass a corresponding bylaw for a Special Pre-
Authorized Property Taxes COVID-19 Payment Plan on the next
Council Agenda
3. That Council pass and Amendment to By-law 2006-48 to reflect
changes to the Municipal Act's definition of penalty and interest.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Page 9 of 25
Page 23 of 947
City Council
December 8, 2020
Councillor Lori Lococo that the report be approved as recommended
and that furthermore, a 0.50% monthly penalty and interest rate for the
first 3 months of 2021 be applied and that staff investigate ways to make
up any shortfalls.
Carried Unanimously
8.5. F-2020-50
Approval of Interim 2021 Spending Limits
The report recommends that, in the absence of an adopted 2021
General Purposes Budget, City Council approves that City departments
be allowed to incur costs to a level of 50% of the departments'
expenditure budget of the prior year.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimously
8.6. F-2020-51
2021 Capital Budget
The report recommends the following:
1. That the 2021 Capital Project “Beck Road Bridge Replacement”
be cancelled for 2021 and that the Federal Gas Tax funding of
$1,360,000 approved on November 17, 2020 be returned to the
Federal Gas Tax reserve fund.
Please note, Staff will re-request this item in the 2022 capital
budget.
2. That the commitment of 2021 capital spending from a proposed
transfer from the tax supported operating budget to the 2021
capital budget of $4,149,353 be revised to $2,147,968.
3. That an additional $1,419,500 in debt be approved to fund a
portion of the 2021 capital budget no longer proposed to be
funded by a transfer from the tax supported operating budget.
Page 10 of 25
Page 24 of 947
City Council
December 8, 2020
4. That $581,885 in Federal Gas Tax funding be approved to fund a
portion of the 2021 capital budget no longer propo sed to be
funded by a transfer from the tax supported operating budget.
5. That a further $530,000 in debt be approved to fund prior year
portions of three (3) of the 2021 projects proposed to receive debt
funding under recommendation 3 and as illustrated in Attachment
2, in order to fully debt fund these projects, returning previously
approved Ontario Lottery and Gaming (OLG) funding to the
reserve, offsetting some of the OLG over-commitment.
6. That the amended 2021 capital budget expenses and funding as
illustrated in Attachment 3 be approved.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that by a vote of 8-1, with Councillor Ioannoni
opposed, recommendations 1,3,4 and 5 were approved with
recommendations 2 and 6 being deferred to the January 19, 2021
meeting.
Carried Unanimously (Councillor Carolynn Ioannoni was opposed to the
vote).
8.7. F-2020-52
COVID-19 Financial Update
The report recommends that Council receive the report for information.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that Council receive the report for information
and that a letter of thanks be sent to the Minister of Finance, the Minister
of Municipal Affairs and Housing and to the Premier of Ontario
acknowledging the receipt of $2,324,400.00 from the Province.
Carried Unanimously
8.8. F-2020-53
2019 Water Fund and Wastewater Fund Budget to Actual
(unaudited) Comparison
Page 11 of 25
Page 25 of 947
City Council
December 8, 2020
The report recommends for the information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that Council receive the report for
information.
Carried Unanimously
8.9. L-2020-14
Declaration of Surplus & Transfer of Lands
5017 Victoria Avenue
Our File No. 2020-181
The report recommends the following:
1. That Council declare that 5017 Victoria Avenue (hereinafter
referred to as the "Subject Lands"), as outlined in yellow on
Schedule "A", as surplus to the City's needs.
2. That Council authorize the transfer of the Subject Lands to
Niagara Regional Housing, for nominal consideration, to be used
as Bridge Housing in the City of Niagara Falls.
3. That the Mayor and City Clerk and City Solicitor, or in his
absence, the Chief Administrative Officer, or his designate, be
authorized to execute any and all documentation and take
whatever steps necessary to carry out Recommendations 1 & 2
and complete the transaction.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangelo that the report be approved as
recommended.
Carried Unanimously
8.10. MW-2020-30 (Report added)
ICIP COVID-19 Resilience Stream Update
The report recommends the following:
1. That Council receive Report MW-2020-30 regarding an update on
ICIP COVID-19 Resilience Stream; and further,
2. That Council direct staff to proceed with application under this
program for the Millennium Trail Section 2 project, maximizing the
full allocation of $1,273,478 available to the City in this funding
Page 12 of 25
Page 26 of 947
City Council
December 8, 2020
stream; and further,
3. That Council approve of the amendment to the 2021 Capital
Budget to include the Millennium Trail Section 2 project in
accordance with the attached budget worksheet.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimously
8.11. TS-2020-32
Speed Control Programs
Lawn Sign Road Safety Campaign
The report recommends that Council approve the continuation of the
Lawn Sign Road Safety Campaign; and further,that Council consider the
allocation of $5,000 in Transportation Services 2021 Operating Budget
in order to continue with this program into 2021.
ORDERED on the motion of Councillor Wayne Thomson, 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-2020-49
Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$47,800,509.30 for the period October 14, 2020 to November 23, 2020.
Page 13 of 25
Page 27 of 947
City Council
December 8, 2020
MW-2020-28
Chippawa Lions Club Lease Renewal
The report recommends the following:
1. That Council approve of a lease renewal with Chippawa Lions Club
Incorporated, for the continued operation of their facility located on City
Lands known as 3970 Welland Street, with the understanding that
negotiations on a new lease are underway; and further,
2. That the Mayor and City Clerk be authorized to execute the lease
renewal agreement.
MW-2020-29
Drainage Superintendent Appointment – James Lane
The report recommends that Council appoint James Lane as the Drainage
Superintendent for the City of Niagara Falls.
PBD-2020-79
DB-2020-009, Deeming By-law Application
Lot 8, Plan 160
Property known as 4500 Montrose Road
Applicant: Mr. Angelo Marino
The report recommends that Council pass the by-law appearing on today's
agenda to deem Lot 8, Plan 160, to no longer be within the registered plan of
subdivision.
PBD-2020-81
PLC-2020-004, Request for Removal of Part Lot Control
Blocks 4 & 5, Registered Plan 59M-474
6655-6697 Cropp Street
Applicant: Winzen Niagara Homes Limited
The report recommends that Council approve the request and pass the by -law
included in today's agenda to exempt Blocks 4 & 5,, Registered Plan 59M-474
from Part Lot Control for a period of two years.
Page 14 of 25
Page 28 of 947
City Council
December 8, 2020
PBD-2020-82
26CD-11-2017-002, Extension of Vacant Plan of Condominium
5065 Portage Road
Applicant: Bojan Zdjelar
Agent: Urban & Environmental Management Inc. (Greg Taras)
The report recommends that Council grant a 1-year extension to draft plan
approval of the Plan of Vacant Land Condominium ending December 29, 2021.
PBD-2020-84
Revitalization Grant Application – DRU-2020-001
Commercial Building & Façade Improvement Grant
5821-5823 Ferry Street
Applicant: David Tetrault and Doddy Sardjito
The report recommends that Council approve the Commercial Building and
Façade Improvement Grant and Revitalization Grant Application for 5821-5823
Ferry Street, subject to the owner satisfying the program requirements.
PBD-2020-85
2020 Program Extensions under the Downtown, Historic
Drummondville and City-Wide Community Improvement Plans
The report recommends that Council support a one-year extension to the
Downtown, Historic Drummondville and City-Wide Brownfields Community
Improvement Plans to December 2021 and that a copy of this report be
forwarded to the Niagara Region.
TS-2020-33
Beck Road – Speed Limit Review
The report recommends that the speed limit on Beck Road between Lyons
Creek Road and a point 530 metres south of Lyons Creek Road be reduce
Page 15 of 25
Page 29 of 947
City Council
December 8, 2020
from 70 km/h to 50 km/h.
TS-2020-34
Railway Safety Improvement Program – Funding Approval
The report recommends the following:
1. That the Chief Administrative Office, or designate, be authorized to
execute a Contribution Agreement with Transport Canada for the City's
participation in this program.
2. That the Chief Administrative Officer, or designate, be authorized to
execute a Purchase Agreement with Trainfo Corporation for the
provision of the railway sensors and software applications included in
the Transport Canada Application.
Councillor Lori Lococo requested that Report PBD-2020-85 (2020
Program Extensions under the Downtown, Historic Drummondville and
City-Wide Community Improvement Plans) be pulled for further
discussion.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that the remainder of the reports under the Consent
Agenda be approved as recommended.
Carried Unanimously
ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor
Wayne Campbell that PBD-2020-85 be approved as recommended.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. NPCA Correspondence and Report regarding Bill 229 and Motion
from St. Catharines City Council and from Town of Niagara-on-the-
Lake regarding proposed changes to Conservation Authorities in
Bill 229.
RECOMMENDATION: That Council consider endorsing the NPCA
suggested resolution.
Councillor Carolynn Ioannoni requested a recorded vote.
Page 16 of 25
Page 30 of 947
City Council
December 8, 2020
ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by
Councillor Lori Lococo that Council endorse the supported resolution
from the Niagara Peninsula Conservation Authority with respect to
Provincial Bill 229, protect, support and recover from COVID-19 Act-
Schedule 6 - Conservation Authorities Act.
Motion Defeated (with Councillors Dabrowski, Kerrio, Pietrangelo,
Strange, Thomson and Mayor Diodati all opposed to the vote).
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Chris Dabrowski that Council receive and file the
correspondence for information.
Carried Unanimously (Councillor Carolynn Ioannoni was opposed to the
vote).
10.2. NPCA Board of Director Meeting Highlights
The attached correspondence highlights what was discussed at the
NPCA Full Authority Meeting held on October 22, 2020.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that Council receive and file the
correspondence for information.
Carried Unanimously
10.3. Correspondence from the Honourable Steve Clark, Minister of
Municipal Affairs and Housing
The attached letter is regarding the second intake of the Audit and
Accountability Fund (AAF).
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that Council receive and file the
correspondence for information.
Carried Unanimously
10.4. Town of Lincoln Resolution - Regarding Section 22 (Public Health
Page 17 of 25
Page 31 of 947
City Council
December 8, 2020
Measures Ontario COVID Response Framework)
The attached resolution was passed at Town of Lincoln’s Special
Council meeting on November 16, 2020.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that Council receive and file the
correspondence for information.
Carried Unanimously
10.5. Letter of gratitude from Health Care Groups regarding drive-thru flu
shot initiative.
The Portage Medical Family Health Team, the Niagara Medical Group
Family Health Team and the Niagara Falls Community Health Centre
sent a letter of thanks to the Mayor and City Council for the assistance
provided by the city to allow for a successful drive-thru flu shot initiative
at the Gale Centre.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that Council receive and file the
correspondence for information.
Carried Unanimously
10.6. Correspondence from Niagara Region
Attached is a letter respecting the disposition of the correspondence
sent from City of Niagara Falls regarding:
• Council resolution regarding Double Direct Councillors
• Tender Process - Liquid Biosolids and Residuals Management
Program
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Vince Kerrio that Council receive and file the correspondence
for information.
Page 18 of 25
Page 32 of 947
City Council
December 8, 2020
Carried Unanimously
10.7. Regional Council Motion re Support for Niagara’s local businesses
through the second wave of the COVID-19 pandemic
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that Council receive and file the
correspondence for information.
Carried Unanimously
10.8. Niagara Regional Housing - Third Quarter Report
Attached is the Niagara Regional Housing (NRH) Third Quarter Report
(July 1 - September 30, 2020) for review.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that Council receive and file the
correspondence for information.
Carried Unanimously
10.9. Request regarding Bill C-213 - The Canada Pharmacare Act
Attached is correspondence from MPs from British Columbia requesting
the City of Niagara Falls' endorsement of Bill C-213, the Canada
Pharmacare Act.
RECOMMENDATION: For Council's Consideration.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Mike Strange that Council receive and file the
correspondence for information.
Carried Unanimously
10.10. Flag-Raising Request - National Day of the Republic of Bulgaria
Page 19 of 25
Page 33 of 947
City Council
December 8, 2020
The Consul General of the Republic of Bulgaria is requesting a flag -
raising ceremony on Wednesday, March 3, 2021 to recognize National
Day of the Republic of Bulgaria.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Wayne Thomson that Council approve the request for a flag-
raising ceremony on Wednesday, March 3, 2021 to recognize the
National Day of the Republic of Bulgaria.
Carried Unanimously
10.11. Niagara Falls Public Library - Report from Library Board (Revised
COVID-19 Response Framework added)
Attached is a report to Mayor and Council from the Library Board
regarding the reopening of library services during COVID-19 and year-
end update.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Lori Lococo that Council receive and file the correspondence
for information.
Carried Unanimously
10.12. Downtown Niagara Falls BIA Constitution Adoption by Council
RECOMMENDATION: That Council approve the updated Constitution
of the Niagara Falls Downtown Business Improvement Area.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that Council approved the updated Constitution
of the Niagara Falls Downtown Business Improvement Area.
Carried Unanimously (Councillor Vince Kerrio was absent from the vote
and Councillor Lori Lococo declared a conflict).
10.13. Victoria Centre BIA - 2021 Budget
Page 20 of 25
Page 34 of 947
City Council
December 8, 2020
Attached is the 2021 budget for the VCBIA.
RECOMMENDATION: That Council approve the 2021 VCBIA Budget,
with the Special Levy to the members be set at $0.00.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that Council approve the 2021 Victoria Centre
Business Improvement Area's Budget, with the Special Levy to the
members be set at $0.00.
Carried Unanimously (Councillor Vince Kerrio declared a conflict).
10.14. Flag Raisings
Christian Bell, a Niagara Falls resident, would like the opportunity to
speak to Council on the issue of Flag Raisings at City Hall, particular to
stop the practice. Attached is Christian Bell's correspondence relating to
this request.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Lori Lococo that Council direct staff to come back with a
report to investigate the Federal government's flag-raising policy as well
as other local municipalities with the intention of the City of Niagara Falls
adopting a similar policy, and to include any potential criteria to limit the
requests to local residents.
Carried Unanimously
10.15. Correspondence from John Bacher
Attached is correspondence from John Bacher regarding the proposed
by-law 2020-124.
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Chris Dabrowski that Council receive and file the
correspondence for information.
Carried Unanimously
Page 21 of 25
Page 35 of 947
City Council
December 8, 2020
10.16. Letter from Doug Birrell (NFCHA) to Minister MacLeod
RECOMMENDATION: For the Information of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that Council receive and file the
correspondence for information.
Carried Unanimously
11. RATIFICATION OF IN-CAMERA
a) Ratification of In-Camera
Nothing to ratify.
12. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
NOTE: By-law 2020-131, a by-law to authorize the execution of the
collective agreement with the amalgamated transit union, has been added
to the agenda for consideration and the confirming by-law changes to By-
law - 2020-132.
A by-law to authorize the payment of $47,800,509.30 for General
Purposes.
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.
A by-law to amend By-law No. 79-200 and By-law No. 1999-30, to
adjust the minimum landscaped open space regulation, to add site
specific maximum height and maximum floor area regulations on the
Lands (AM-2020-006).
A by-law to designate Lot 1, Block 97 and Block 126, Plan 59M-271 to
be deemed not to be within a registered plan of subdivision (DB-2020-
Page 22 of 25
Page 36 of 947
City Council
December 8, 2020
010).
A by-law to amend By-law No. 79-200, to permit the use of the Lands for
2 apartment dwellings containing a total of 27 dwelling units (AM-2020-
008) and to repeal By-law No. 2008-050.
A by-law to designate Lots 1, 2 and 3, Plan 85 to be deemed not to be
within a registered plan of subdivision (DB-2020-008).
A by-law to amend By-law No. 79-200, to permit the use of the Lands for
an apartment dwelling (AM-2020-012).
A by-law to amend By-law No. 79-200, to regulate the Riverfront plan of
subdivision on the lands and to rezone the area west of the subdivision
DH and EPA (AM-2019-004).
A by-law to designate Lot 8, Plan 160 to be deemed not to be within a
registered plan of subdivision (DB-2020-009).
A by-law to amend By-law No. 79-200, to permit the use of the Lands for
53 townhouse dwelling units and a semi-detached dwelling in
accordance with an Order Issued by the Local Planning Appeal Tribunal
(AM-2018-016).
A by-law to designate Blocks 4 & 5, Registered Plan 59M-474, not to be
subject to part-lot control (PLC-2020-004).
A by-law to amend by-law 2006-48, being a by-law to provide for the
collection of interim taxes and taxes from year to year and to remain in
force until repealed.
A by-law to amend By-law No. 89-2000, being a by-law to regulate
parking and traffic on City Roads. (Stopping Prohibited, Speed Limits on
Highways, Pedestrian Crossovers)
Page 23 of 25
Page 37 of 947
City Council
December 8, 2020
A by-law to declare surplus, and, authorize the transfer of 5017 Victoria
Avenue to Niagara Regional Housing.
A by-law to authorize the execution of the Collective Agreement (2020-
2022) with the Amalgamated Transit Union, Local 1582.
A by-law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 8th day of December, 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 (Councillors Ioannoni and Campbell opposed to
by-law 2020-124).
13. NEW BUSINESS
a) Free Parking Downtown - Downtown BIA Request
ORDERED on the motion of Councillor Chris Dabrowski, Seconded by
Councillor Wayne Campbell that the City offer free parking for both on -
street and in municipal lots for the month of December to encourage
holiday shopping downtown.
Carried Unanimously (Councillor Lori Lococo declared a conflict).
b) Traffic Study for Garner Estates
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that a report come back to Council including
inviting the residents to the meeting of January 19, 2021 and that staff
come up with short-term and long-term remedial options as part of the
recommendation.
Carried Unanimously
c) Reassessment for Commercial Properties
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Chris Dabrowski that a report come back to Council from staff
Page 24 of 25
Page 38 of 947
City Council
December 8, 2020
giving insight and feedback on how the reassessment for commercial
properties will affect the city.
Carried Unanimously
14. ADJOURNMENT
a) Adjournment
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Chris Dabrowski that the meeting be adjourned at 9:25 PM.
Carried Unanimously
Mayor
City Clerk
Page 25 of 25
Page 39 of 947
Niagara Transit Governance Study
Niagara Falls Council
January 19, 2021
Page 40 of 947
Agenda
Niagara Transit
Governance StudyOverview
Next StepsConnecting Niagara
Falls Residents
Page 41 of 947
Overview
Page 42 of 947
Overview
•Next major milestone in consolidation of transit in Niagara
•Follows from 2017 Triple-Majority, creation of Linking Niagara TransitCommittee (LNTC), and direction to explore consolidation
•Harmonization of operational policies and system-wide efficiencies
delivered under work of the Inter-Municipal Transit Working Group (IMTWG)
•A Full Commission governance model recommended
•Associated Financial Strategy
Today’s Discussion
Niagara Transit
Governance
Study
Support and
Feedback
•Local area municipality support and feedback being sought byFebruary 28, 2021
•Motion as presented in Appendix 1
•Input informs future Triple-Majority process
Page 43 of 947
Overview
Why Integrate?
Better Connect
Riders
Increase Equity
Enhance Growth
Meet Evolving
Travel Needs
Strengthen Economic
Development and
Tourism
Support
Sustainability Accessibility
Employment
Page 44 of 947
Overview
Why Now?
Coordinate COVID-19
Response & Recovery
Leverage Federal /
Provincial Funding
Opportunities
Operational
Harmonization
Integration with GO
Network Expansion
On-Demand Model
Opportunities
Seamless Specialized
and Conventional
TransitMaximize use of
Resources
Page 45 of 947
Niagara Transit Governance Study
Page 46 of 947
Niagara Transit Governance Study
Project Milestones
Page 47 of 947
Niagara Transit Governance Study
Recommendation
Limited
Commission
Full
Commission
Regional
Division
The Full Commission model brings the right balance of autonomy
and flexibility to innovate, drive growth, and meet the diverse and
changing needs of the region.Page 48 of 947
Niagara Transit Governance Study
Recommendation
The Full Commission is best suited to grow transit in the region while
delivering high quality, innovative, and seamless transit services.
Financial Benefits
o More cost efficient
o Less costly per-trip
o Flexibility to be strategic
o Regionally focused investments
Autonomy of the Full Commission
o Exclusively focused on transit
o Responds to trends and
pressures
o Responsible for strategic and
operational decisions
o Nimble idea to action
o Negotiating power
Page 49 of 947
Niagara Transit Governance Study
Recommendation
(1)Welland
(1)St. Catharines
(1)Niagara Falls
(2)Niagara Municipalities (Selected amongst representatives of: West Lincoln, Lincoln, Grimsby, Pelham, Thorold,
Niagara-on-the-Lake, Wainfleet, Fort Erie, and Port Colborne)
(4) Skills-based or Public Members (appointed/nominated by Regional Council)
Members of Regional Council 5 Voting Members
Skills-Based or Public Members 4 Voting Members
(1) Transit Commission General Manager (non-voting member)
Ex-Officio
9 Total Voting Members
Page 50 of 947
Niagara Transit Governance Study
Recommendation
(12)Niagara residents (one per municipality)
(2)Members of the Accessibility Advisory Committee
(2)(1) Member of student association from Niagara College and Brock University
(1) Member(s) of Niagara Chamber(s) of Commerce
(1)Transit Commission General Manager, or designate
Advisory Committee
By establishing an advisory body, the Commission will gain insights
into current and upcoming challenges or opportunities, and explore
these in a thorough way
Page 51 of 947
Niagara Transit Governance Study
Transition Plan
Page 52 of 947
Connecting Niagara Falls Residents
Page 53 of 947
Connecting Niagara Falls Residents
Page 54 of 947
Connecting Niagara Falls Residents
Enhancements and Benefits
NRT On-Demand GO Transit
Enhanced ServiceTourismSocial Equity
Economic Growth
Page 55 of 947
Connecting Niagara Falls Residents
Financial Strategy Overview
Key Features
Municipal Levy
Eliminated in 5 years
< Two (2) Year Transfer for Smaller
Municipalities
Five (5) Year Transfer for Larger
MunicipalitiesSingle Regional Tax Levy
Up to 9.5%
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
Transition Costs ($2.7M)
0.70%
Transfer of Existing Local Transit ($27.4M) + Inflation ($6.8M)
1.40%1.40%2.00%2.00%2.00%
Transit Service Expansion (Growth Strategy TBD)
Shared Access to Existing
Transit Assets
No Reduction in Service Hours for First
Five (5) Years
Transit Service
Enhancement/ Expansion
Enhanced Regional
Integration
Page 56 of 947
Connecting Niagara Falls Residents
Leveraging Prior Capital Investments
Shared Access to
Transit Assets
Includes buses, service
trucks, land, facilities,
equipment &
technology
Cost $127.5M
St. Catharines $64M
Niagara Falls $29M
Welland $15M
Niagara Region $19M
Cummings Principle
Transfer of assets without
additional
compensation –
taxpayers do not pay
twice for same asset
Net Operating
Expenditures
$43.4M
$9M (20%) supports
Administration &
Facilities
Page 57 of 947
Connecting Niagara Falls Residents
Niagara Falls Benefits and Investment
•One Regional Levy funds 100% of Commission by 2027
•Consolidation will foster connections to GO and to rest of Region
•Commission positioned to lead growth strategy
19 Page 58 of 947
Future Transit System Mitigations
Inputs to Consolidated System
Page 59 of 947
Next Steps
Page 60 of 947
Next Steps
Summary
Key Considerations
Local area municipal feedback and support is being sought for a Full
Commission governance model and the associated financial
strategy, as reflected in the motion included as Appendix 1
Full Commission
Governance Model
Transfer of Assets,
Employees, and
Contracts
Minimum of 2021
Service Hours
Maintained for Five (5)
Years
Single Regional Levy
with Five (5) Year
Transfer
Feedback provided by February 28, 2021
Page 61 of 947
Next Steps
Path Forward
LNTC Support LAM Support NRT/NST Impacts to Region PWC
Triple-Majority Approval Transition Plan
Page 62 of 947
Discussion
Page 63 of 947
CAO-2021-01
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Chief Administrative Officer
SUBJECT: CAO-2021-01
Niagara Transit Governance Report
RECOMMENDATION
WHEREAS, a Full Commission model as described in Appendix 2 to Report LNTC-C 4-
2020, and to be established as a Municipal Services Board of the Region in accordance
with Municipal Act, 2001, has been recommended as the preferred governance model for
the consolidation of Niagara’s public transit system;
AND WHEREAS, the Cummings Principle, enacted through as series of Municipal Transfer
Agreements, will be used to guide the transfer, use of, and access to assets and facilities
from existing local area municipalities to the Commission;
AND WHEREAS, all existing employees, vendors, contracts, and collective bargaining
agreements will be transferred to or assumed by the Commission, in accordance with the
Municipal Act, 2001 or Labour Relations Act, 1995;
AND WHEREAS, a minimum of 2021 transit service hours in local area municipalities will
be maintained for a period of five (5) years from the assumption of delivery of service by
the Commission, unless otherwise agreed to by the local area municipality;
AND WHEREAS, all existing and incremental transit spending will be transferred to the
new Commission, funded through a single Regional tax levy to be enacted over a transfer
implementation period of five fiscal (5) years as described in Report LNTC-C-4-2020;
AND WHEREAS, to achieve a net-neutral impact to the regional taxpayer, local transit
costs assumed by the Regional tax levy will be offset by equivalent budgetary reductions by
the local area municipality;
AND WHEREAS, funding previously committed under inter-governmental programs such
as the Investing in Canada Infrastructure Program (ICIP) will be maintained and used within
the receiving municipality;
Page 64 of 947
2
CAO-2021-01
January 19, 2021
AND WHEREAS, support will be sought from senior levels of government for the one-time
transition costs associated with consolidation under programs such as the Provincial
governments’ Safe Restart Agreement;
AND WHEREAS, an integrated single regional fare will be established by the Commission
within five (5) years of the assumption of delivery of service by Commission;
BE IT RESOVED THAT Council endorse, in principle, the Full Commission as the
recommended governance model for the consolidation of Niagara’s public transit system.
BACKGROUND
In 2010, the City of Niagara Falls, St. Catharines, and Welland made a proposal to
Regional Council to create a tri-city transit service which the three cities would operate, to
be funded by the Region and called Niagara Region Transit. The NRT was to operate for 3
years with the intent that if successful, transit would be uploaded to the Region through a
Triple Majority process. Regional Council approved the proposal by a solid majority and in
September 2011 Niagara Region, the City of Niagara Falls, the St. Catharines Transit
Commission and the City of Welland entered into a pilot project agreement to formalize the
provision of inter-municipal transit services.
Funded by the Niagara Region and jointly operated by Niagara Falls Transit, St. Catharines
Transit and Welland Transit (“transit operators”) the Niagara Regional Transit pilot provided
transit connections to the communities of St. Catharines, Thorold, Niagara Falls , Welland,
Niagara-on-the-Lake, Port Colborne and Fort Erie.
In May 2015, prior to formalizing the NRT as a permanent inter-municipal transit service
and securing triple majority support from local municipalities, Regional Council agreed to
ask the cities of Niagara Falls, St. Catharines and Welland, as transit operators, to work
together to present a new model to the whole region.
At its meeting on June 23, 2015, City Council passed the following motion:
“That Council support the transits of St. Catharines, Niagara Falls and Welland
working together on how to best provide inter-municipal transit.”
Since January 2016, an Inter-Municipal working group of mayors, CAOs and staff from the
local municipalities and Niagara Region have been working together to identify alternative
service delivery and governance options for inter-municipal transit services. With support
from staff and transit managers, the working group hired Dillon Consulting to develop
potential options for the future delivery of inter-municipal transit services for consideration.
Page 65 of 947
3
CAO-2021-01
January 19, 2021
The working group identified key guiding principles in their work:
● Customer driven: continuously improve, respect established local service.
● Unconventional solutions: investigate leading-edge technologies, explore
partnerships.
● Integrated: be seamless with other modes of transportation, integrated with daily
GO train service, connect at hubs.
● Economically responsible: balance costs, investments, explore alternative modes
of delivery.
● Fair: respect existing investments of communities, collective agreements and
respect for taxpayers.
Between February and December 2016 the consulting team met with transit managers,
stakeholders, transit union representatives, employers and transit users as well as
representatives of each of Niagara’s 12 municipalities to discuss the region’s transit needs
and challenges. In fall 2016 Dillon presented interim findings and recommendations to local
councils and the public to seek feedback.
In January 2017, the team presented the f inal recommendations in the report “Niagara
Transit Service Delivery and Governance Strategy.” The Strategy outlines a
recommendation for a consolidated transit system for the region and identifies service and
technology enhancements including fare integration, trip planning, smart card technologies
and dynamic transit options. Also, in January, 2017, Regional Council extended the IMT
Pilot Project to allow time for decisions to be made regarding the future of transit in the
Niagara Region.
At the Council meeting held on February 28, 2017 council received a report (Niagara
Region Transit Service Delivery and Governance Strategy Report) and endorsed a
recommendation, in principle, creating a consolidated transit system in partnership with the
City of Niagara Falls, St. Catharines Transit Commission the City of Welland and the
Region of Niagara to develop a regionally integrated transit system.
At that same meeting Council authorized staff to develop a Memorandum of Understanding
(MOU) between the parties to develop a governance framework and specify how key
issues are to be addressed.
The MOU outlines the governance model, guiding principles, roles and responsibilities,
approval processes and the funding model.
Upon execution of the MOU, 2018 saw the implementation of the service enhancements
across the Region as recommended in the Dillion Report.
Page 66 of 947
4
CAO-2021-01
January 19, 2021
This period saw the integration of Regional and Post Secondary Institution routes, the
enhancement of service hours, rate rationalization, technology improvements, specialized
transit review and enhancements and numerous studies including gas tax impacts and
asset management review.
In 2019, the consulting firm Optimus SBR and Left Turn – Right Turn were retained to
undertake a study of different integrated transit governance models and recommend the
best model to serve the needs of transit users across Niagara. The completed report and
recommendations has been circulated to Council as part of the Council Agenda (January
19, 2021).
This report has laid out a series of recommendations that will, if approved, be forwarded to
the Region. Each of the twelve local area municipalities has been asked to provide their
feedback on the report before Regional Council deals with the matter. At this time, Council
is being asked to support the Full Commission Model “in principle.”
ANALYIS/ RATIONALE
The purpose of this report is to provide Council with the results of the Niagara Transit
Governance Study and seek Councils endorsement in-principle of a Full Commission
Model for Niagara’s Consolidated public transit system. All of the details are outlined in the
Optimus Study “Niagara Transit Governance Study”.
The Full Commission model is recommended as it is expected to result in an enhanced
degree of independence that will support effective decision making, as well as provide
more efficient and cost-effective service delivery through being restricted to funding all
operations and unanticipated changes within its annual budget approved by Council. This
recommendation is based on a comparative analysis of governance models through a
series of fifteen (15) evaluation criteria across four (4) major categories: governance,
finance, stakeholder input, and ease of implementation.
Representation on the Commission is recommended as follows:
1 Niagara Falls Regional Council Representative
1 St. Catharines Regional Council Representative
1 Welland Regional Council Representative
2 At large Regional Council Representatives representing the remainder of the 12
LAM’s
4 Skills based Citizen Appointments by Regional Council
1 General Manager (non-voting)
Details and analysis of the various governance options are outlined in the full report.
Page 67 of 947
5
CAO-2021-01
January 19, 2021
Council is being asked to support the recommendations in principle and should be
aware of several key points that accompany that recommendation:
● The Full Commission will be a “Municipal Service Board of the Regional
Municipality of Niagara”.
● All assets currently in use for conventional transit purposes (with the
exception of WEGO assets) will be transferred to the Commission at no cost
in keeping with the Cummings Principle.
● All existing contracts (Employee collective agreements, all existing
employees, vendor contracts etc. will be transferred and assumed by the
Commission.
● All service hours currently operating in Niagara Falls will remain in place for
a period of five (5) years from the assumption of service by the Commission.
● All assets (buses) currently being utilized in Niagara Falls will remain in
service in Niagara Falls for a five (5) year period from assumption of the
Service by the Commission.
● All transit spending (excluding WEGO operations) will be transferred to the
new Commission and funded through a single Regional tax levy to be
enacted over a five (5) year period.
● To achieve a revenue neutral impact to the local taxpayer, there will be a
corresponding offset (reduction) in local municipality budget.
FINANCIAL IMPLICATIONS
The Financial Strategy outlined in Regional report LNTC-C 4-2020 recommends the
transfer of all existing and incremental transit spending to the new Commission, funded
through a single regional tax levy. (refer to pages 2-8 of LNTC-C 4-2020)
A transfer implementation period of up to (5) years is recommended. During this transition
period where existing Municipal transit costs are transferred to the Regional levy, an
equivalent levy offset (reduction) will occur on the local levy.
As an example, based on current estimates, the impact on the Niagara levy over the five
(5) year period would reduce from $8, 645,000. in 2022 to $0 in 2027. Again this would be
phased in over a five (5) year period commencing in 2022.
Page 68 of 947
6
CAO-2021-01
January 19, 2021
The adoption of a single regional tax levy would transition current transit funding from
municipalities to the Region, based on the regional property value assessment. As noted
during discussions at LNTC, the net impact of this transition is that a proportion of total
regional transit expenditures would be redistributed to residents in municipalities with
currently less robust transit systems and historically lower transit investment levels.
This realignment is consistent with the consolidation of transit in Niagara, as the move to an
integrated transit system is anticipated to bring a series of proportional benefits to residents
in these municipalities, including enhanced and expanded transit service, the ability to
leverage capital investments that have been made in and by other municipalities, and a
reduction in future financing costs.
As a result of this redistribution, the cost of transit expenditures impact Niagara Falls
property taxes will decrease from $8,645,000 in 2022 to approximately $5,333,000 in 2027.
CITY’S STRATEGIC COMMITMENT
The recommendations of this report support Cou ncil’s 2018-2022 Strategic Priority of
Economic Growth and Prosperity by strengthening public transit linkages between
municipalities to assist in the movement of people for employment and education.
LIST OF ATTACHMENTS
1. Regional Report CLK-C 2020-209 (LNTC- C 4-2020)
2. Regional Report CLK-C 2020-221 (PWC-C 50-2020)
3. Niagara Transit Governance Study – Full Report
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Page 69 of 947
Niagara Transit
Governance
Study
Final Report
October 2, 2020
Page 70 of 947
Contents
1.Executive Summary
2.Full Report
1.Introduction
2.Current State & Leading Practices
3.Future State Transit Service Plan
4.Model Options, Analysis, and
Recommendation
5.Transition Planning
6.In Summary
Niagara Transit
Governance Study
Final Report
Page 71 of 947
Introduction
Purpose of this Document
o In 2019,the consulting firms of Optimus SBR and Left Turn,Right Turn (LRTR),were retained
by the Region of Niagara,in partnership with the region’s local area municipalities,to
undertake a study of different integrated transit governance models and recommend the
best path forward to ensure that the present and future transit needs of the region can be
met.
o This document is the Final Report of the study undertaken (the Niagara Transit Governance
Study)–setting the stage for transit integration across Niagara Region.It provides a
comprehensive summary of all work undertaken during the course of this study.
o In this Final Report, readers will find:
1.A summary of the current state of transit in Niagara Region;
2.Lessons learned from other jurisdictions that have integrated transit services;
3.A future state service plan that identifies the potential growth of transit in the region;
and outlines the opportunity that integration can bring;
4.An overview and analysis of different models for transit integration;
5.The recommended model option for the region; and,
6.A transition plan to guide the implementation of an integrated system.
2Page 72 of 947
Report Snapshot
3
Key
Highlights
Research into the benefits and feasibility of an integrated transit system in
Niagara Region has been considered for several years,and has culminated in
this Niagara Transit Governance Study.
A review of the current state of transit in Niagara and a forecast of demand for
transit services over the coming 10 years has shown that there is a significant
opportunity to increase transit usage in Niagara (over 80%by 2031).
To determine how Niagara could best accommodate this future growth,three
potential transit governance model options were developed,each one
reflecting a different approach to integrating transit in the region.
Each potential model was assessed against key evaluation criteria,and
ultimately,an independent Full Commission Model was recommended as it
provides the greatest opportunity for success by bringing the right degree of
autonomy and flexibility to innovate,drive growth,and meet the diverse and
changing needs of Niagara.
In order to create this new Commission,a five-phased Transition Plan has been
developed to guide implementation activities.It is expected that this
Commission will be operational by the end of 2022,and there is opportunity
to take advantage of government funding to support the cost of transition to
the Commission model.Page 73 of 947
Niagara Transit
Governance
Study
Executive Summary
Page 74 of 947
Context for this Study
5
Research into the benefits and feasibility of an integrated transit system in Niagara Region
has been considered for several years,and has culminated in this project,the Niagara
Transit Governance Study.
Transit in Niagara
Region
•Niagara Region constitutes 12
municipalities that have varying
levels of transit services
available.
•The three largest providers are
St. Catharines Transit, Niagara
Falls Transit, and Welland Transit,
who also support the existing
Regional service.
2017 Service Delivery &
Governance Review
•Following agreement on Guiding
Principles for integration in 2015,
the Region completed
the Niagara Transit Service
Delivery and Governance
Strategy Report in 2017. The
report identified several
recommendations for service
improvements and the following
steps with respect to transit
governance:
o Approve consolidated
transit model
o Obtain triple majority for
recommended model
o Develop consolidated
transit model
implementation plan
o Implement inter-municipal
transit service strategy
Governance Models
•To support the development of
an integrated approach to transit,
the Region formed the Linking
Niagara Transit Committee
(LNTC), and a working group
was formed to evaluate transit
governance models, consisting of
the CAOs of St. Catharines,
Niagara Falls, Welland, and
Lincoln, and the Director of the
Go Implementation Office.
•The consulting firms of Optimus
SBR and Left Turn Right Turn
(LTRT ) were engaged by the
working group to evaluate
various transit service delivery
models and to identify which
option best accommodates
Niagara’s future transit
operational and planning needs.Page 75 of 947
Executive Summary
A Systematic Approach was Followed
To determine a preferred governance model for Niagara’s integrated transit system,
Optimus SBR and LTRT followed a systematic approach that followed five main steps.This
report contains a summary of the key information and insights from each of these steps.
Current State and
Leading Practices
Understanding the
Current Situation
Developed a mutual
understanding of the
current state of
operations of the
various transit entities in
Niagara, and to
understand how other
jurisdictions approached
the integration of their
systems
Future State Transit
Service Plan
Modelling the Future
Forecasted different
growth scenarios for
transit ridership in
Niagara and outlined
the costs/revenues
associated with those
forecasts
Model Options
Development
Developing Options
Outlined three different
Governance models that
could potentially be
created to oversee
integrated transit
services in Niagara, and
key evaluation criteria
that would be used to
choose a preferred
model
Model Analysis
Recommending a
Model
The evaluation criteria
was used to complete a
detailed assessment of
each model, and
ultimately led to a
recommendation
Transition Planning
Planning for Change
Detailed phasing for
how Niagara should
move from the current
state of transit services
to a successful
integrated system
This report represents the culmination of research, analysis, and input from key stakeholders
across Niagara Region to establish a way forward for transit integration 6Page 76 of 947
Guiding Principles for Transit
7
Guiding principles for transit in Niagara were developed in 2015 and helped inform the
development and recommendation of the recommended transit governance model.
These principles will continue to be important throughout the transition to an integrated
system and in the life of the new transit entity.
Customer
Driven
Unconventional
Solutions Integrated
Economically
Responsible Fair
Adherence to guiding principles will be a fundamental factor in
ensuring the success of the integration and the future of transit in
Niagara for the benefit of allPage 77 of 947
There is a Significant Opportunity to Increase Transit Usage in Niagara Region
8
By way of investments and harmonization of services and fares,transit under an
amalgamated system is anticipated to become a more frequently used means of
transportation in the region, with ridership outpacing the status quo.
How?Transi t ridership forecasts indicate a latent demand for inter-municipal transit travel,which can be
capitalized on through improved inter-municipal and connections to GO Transit rail services.
By investing in targeted projects and services to grow the transit mode share throughout the
region,transit ridership region-wide could grow by over 80%by 2031 under an amalgamated
transit service.
It is anticipated that Niagara Region,like its peer jurisdictions will experience a transit mode share
growth of 30%to 130%within ten years of amalgamation.
By 2031,operating costs in the high growth scenario will increase by approximately 55%over the
status quo.
Capital investment of between $70M and $155M between 2021 and 2031 may be required to
address service and demand growth.Provincial Gas Tax revenue could result in up to $50M - $80M
in revenue over the same ten years.Over $70M-worth of near-and mid-term projects have
committed funds from the federal and provincial governments through ICIP.
An integrated single fare is critical to driving ridership growth and could be achieved in a way that
is revenue-neutral if implemented progressively as ridership grows.While an integrated payment
system and harmonized fare structure will be required at the start of service,a single fare region-
wide can be implemented over time.
The COVID-19 pandemic presents an opportunity to look beyond the status quo,bring the transit
systems in Niagara together,and build a new and improved service that takes capitalizes on
current funding programs to see this forecasted ridership growth become a reality.Page 78 of 947
Executive Summary
Recommendation: Full Commission Model
Following the completion of the current state review,a jurisdictional scan,and the development
of a future state service plan,three potential governance models were developed,and the Full
Commission Model was ultimately recommended:
o
o
o
o
Limited
Commission
Transit Service is governed by
a regional commission with
representation from local
elected officials.
Commission reports to
Regional Council
Strategic decision making for
Transit Service is directed by
Regional Council
Relies on corporate services
but retains transit-related
services in-house
Full
Commission
o Distinct entity independent
from Regional Council
o Governed by a board of
appointed members,
equitably selected by
Regional Council
o Responsible for all transit
planning and delivery
o Budget allotment approved
by Regional Council
o Makes limited use of Regional
services except where service
sharing does not impede
agility or independence
Regional
Division
o Division within Niagara
Region’s Public Works
department
o Regional Council remains the
governing body of the transit
division
o Strategic decision making for
Transit Service is directed by
Regional Council
o Integrated into the Regional
administration similar to
other service delivery
departments
9
The Full Commission model brings the right balance of autonomy and flexibility to
innovate, drive growth, and meet the diverse and changing needs of the region.Page 79 of 947
Benefits of the Full Commission
10
Ultimately,the analysis led to the conclusion that the Full Commission is the most suitable
model for Niagara.While many factors went into this recommendation, two of the chief
benefits that made the Full Commission more attractive than other models were:
The Financial Benefits
o The Full Commission will likely have the most cost-
efficient service, in part due to a more streamlined
decision-making process and being restricted to provide
the most effective service within the means previously
defined in the annual budget.
o From a dollars and cents perspective, a Full Commission
is the more costly of the models in terms of
administrative costs, but less costly on a per trip basis
than other models due to a higher utilization of services.
o This is particularly important when looking to the future
and considering what ridership growth may be, and how
services may expand to serve regional needs.
o The Full Commission has the greatest flexibility to make
strategic decisions which drive financial outcomes for
transit services and is best positioned to make regionally-
focused investments in service growth.
The Autonomy of the Full Commission
o The independence of the Full Commission grants it
several advantages that make it the most suitable option
for the growth potential of transit in Niagara.
o With this independence, the Full Commission can remain
more focused solely on transit and is more capable of
formulating its own responses to trends and pressures,
making and owning decisions, and driving necessary
change at a strategic and operational level.
o This governance model is able to move from idea to
action quickly and reprioritize its resources to meet
emerging demands and accommodate growth.
o The autonomy of the Full Commission provides it
advantages with respect to negotiating important
elements such as collective bargaining agreements and
the transfer of assets.
The Full Commission is best suited to grow transit in the region while delivering the high
quality, innovative, and seamless transit services that the citizens of Niagara deserve.Page 80 of 947
Proposed Composition of the Commission
11
Outlined below is the proposed composition of the Commission,which would be appointed
by a Nominating Committee of the Regional Council.
Members of Regional Council
(1)Welland
(1) St. Catharines
(1) Niagara Falls
(2) Niagara Municipalities [Selected amongst representatives of: West Lincoln,
Lincoln, Grimsby, Pelham, Thorold, Niagara on the Lake, Wainfleet, Fort Erie, and Port
Colborne]
Skill-based or Public Members
(4) Skills-based or Public members (appointed/nominated)
Ex-Officio
(1) General Manager (non-voting member)
9 voting members
A Hybrid governance structure was recommended as it allows a combination of elected
officials and skills-based members to provide guidance and oversight.Page 81 of 947
Executive Summary
Transition to the Commission
A five-phased transition plan has been developed to guide implementation activities over
the coming years to ensure the successful creation of the transit Commission.
12
This phase of work
encompasses activities
related to the legal
establishment of the
Commission as a
municipal service board
and concludes with the
appointment of
members to the
Commission
Commission
Setup
This phase includes work
associated with getting
the Commission ready to
take on responsibility for
transit services in the
region, including
establishing policies and
processes, filling key
roles, and negotiating
and executing transfer
agreements
Service
Launch
This begins with the
Commission officially
taking on responsibility
for transit services in the
region and key activities
for the first 2 years of
operation to ensure a
smooth transition
Enhancement
Growth
This phase includes
longer-term activities
that the Commission
will undertake to
continue developing its
organization and
planning for the future
2 3 4 5
Approx.1 Year Years 1-2 of
Operation
Year 3+ of
Operation
Includes activities
leading up to, and
including, a phased
political approval
process that concludes
with the submission of
recommendations to
LAM and Regional
Councils to seek triple-
majority approval to
create the Commission
Integration
Approval
Process
Approx. 9 Months Approx.2 months
The creation of a Regional Transit Commission will be transformative for Niagara, and its
success is dependent on maintaining public and political support while transitioning
services from the LAMs to create an effective regional network.
1
Page 82 of 947
Executive Summary
Funding the Transition
Regional staff are currently developing an initial funding model for the start-up budget of
the Commission,that will strive for a fair and equitable funding baseline commensurate with
the existing baseline services within each municipality.This funding model will be provided
to all decision makers upon its completion.
The preliminary cost estimates of transition to the Full Commission model is between
$3,845,000 and $4,955,000.Given the complexity and ongoing impact of the global pandemic,
fluctuations in these costs should be considered.
Category Items Included Cost
Capital Costs
•Transit System Branding
•Facility and Office Improvements
•Transit Service Design
•Technology and Equipment
$1,670,000 to $2,225,000
Operating Costs
•Transit Integration Team
•Legal Fees
•Public Consultation
•Human Resources Fees
$2,175,000 -$2,730,000
$3,845,000 -$4,955,000
13
Suitable investments into the start-up of the Commission will be critical in its
early development and long-term success.Page 83 of 947
Niagara Transit
Governance
Study
Full Report
Page 84 of 947
Niagara Transit Governance
Study
15
Introduction
Page 85 of 947
Introduction
Context for this Study
Transit in Niagara
Region
•Niagara Region constitutes 12
municipalities that have varying
levels of transit services available.
•The three largest providers are St.
Catharines Transit, Niagara Falls
Transit, and Welland Transit, who also
support the existing Regional service.
2017 Service Delivery &
Governance Review
•Following agreement on Guiding
Principles for integration in 2015, the
Region completed the Niagara
Transit Service Delivery and
Governance Strategy Report in 2017.
The report identified several
recommendations for service
improvements and the following
steps with respect to transit
governance:
o Approve consolidated transit
model
o Obtain triple majority for
recommended model
o Develop consolidated transit
model implementation plan
o Implement inter-municipal
transit service strategy
Governance Models
•To support the development of
an integrated approach to transit, the
region formed the Linking Niagara
Transit Committee (LNTC), and a
working group was formed to
evaluate transit governance models,
consisting of the CAOs of St.
Catharines, Niagara Falls, Welland,
and Lincoln, and the Director of the
Go Implementation Office.
•The consulting firms of Optimus SBR
and Left Turn Right Turn (LTRT ) were
engaged by the working group to
evaluate various transit service
delivery models and to identify which
option best accommodates Niagara’s
future transit operational and
planning needs.
16
The concept of integrating transit systems in Niagara has been around for many years. Now, in
2020, a myriad of transit and non-transit related factors and pressures present an opportunity for
the region’s systems to reflect on its strengths and challenges, and consider new avenues for
innovation and growth.Page 86 of 947
Introduction
The Case for Integration
A multitude of global and local trends make the need to rethink transit more apparent than ever before.
Globally,emerging technology and philosophies around transit,including concept of mobility as a service,
has engendered the need to see different transportation methods jointly rather than as individual elements.
Economic and cultural trends are also resulting in a trend towards lower personal vehicle ownership due to a
reduction in buying power,and evolving perspectives on the environment and the importance of public
transit in curbing climate change.
Locally,there is a strong desire improve mobility not only within the region, but with neighboring regions as
well,along with a growing need to address the disparity of transit service across the region.Moreover, the
current system does not provide the integrated and seamless experience that users are growing to expect,
and as new commercial and residential developments emerge,the importance of quick and reliable transit
will as well.
Finally,there is a need to look at transit and its benefits not at the local level,but more broadly. Transit can
be a cornerstone of a strong and vibrant community and region,and is a key enabler to attracting new
residents,tourists,and businesses.An integrated transit system that can more easily respond to the needs
of the region can also help strengthen economic development, support environmental sustainability, and
enhance quality of life for residents and visitors alike.
Unfortunately, the innovation and growth required to capitalize on these opportunities and accommodate
these shifting needs won’t be achieved by maintaining the status quo; an evolution of the current system is
needed.
Integration isn’t about creating a larger version of what already exists today, nor is it about
bringing the status quo under a single roof. Rather, integration is about bringing a scale and
flexibility to transit that will allow for greater innovation, more beneficial partnerships, and the
ability to better accommodate the variety of transit needs in the region that won’t be able to be
served within the constraints of the current system.
17Page 87 of 947
Integration and COVID-19
The 2020 COVID-19 pandemic has undoubtedly affected transit ridership in Niagara,Ontario,and Canada as a
whole.With ridership down 75%nationally,1 operating revenues for transit agencies have also seen a significant
decline.However,despite the devastating impacts that COVID-19 has had on the health of Canadians,the use of
public transit,and the overall economy,now is an apt time to redesign transit in Niagara.
The ongoing pandemic has demonstrated the need for,and benefits of,enhanced levels of coordination and
organization between transit providers across the region.In the early days of the pandemic, significant effort
was undertaken to align and coordinate across delivery agencies the rapidly evolving changes to service levels,
fare policy, cleaning protocols,and other operational and strategic changes necessary to effectively respond to
the pandemic on behalf of Niagara residents.
In addition,there is an opportunity to align efforts with current funding programs associated with the province’s
economic recovery.In July 2020,the province announced that it had secured one-time urgent funding to
support its municipalities’critical public services,including transit services.This Safe Restart Agreement funding
may include up to $2 billion for transit in the province and is already beginning to flow to municipalities and
transit agencies,with eligible projects including service improvements and governance restructuring.This
unique funding opportunity only strengthens the case for integration and the need for collaboration and
alignment of effort across the region.
As transit providers continue to monitor the changing environment and implement recovery plans over the
coming years,now is the ideal time to move integration forward and align efforts,especially given the
significant work that will be needed to grow ridership in a safe and effective way,and the funding opportunities
made available to municipalities.
18
Municipalities in the region need to look beyond the current situation and how to return to the
status quo. Now is the time to reflect on what has worked and not worked in the past, take
advantage of funding and growth opportunities, and collaborate on building a new system
that provides a high-quality and user-friendly service for the region.
1 Statistics Canada. Urban Public Transit, June 2020. https://www150.statcan.gc.ca/n1/daily-quotidien/200831/dq200831d-eng.htmPage 88 of 947
Guiding Principles for Integrated Transit
Guiding principles were first established in 2015 and subsequently endorsed by the Linking
Niagara Transit Committee (LNTC).They have informed the development of the transit
governance model for Niagara.
To achieve success the new transit entity will need to make regionally-focused decisions aligned
to guiding principles.This will ensure that potential growth in ridership,efficiency of
operations,and improved service delivery are realized.
Customer Driven
•Continuously improve the rider experience, including improvements throughout the pilot phase;
•Understand customers, particularly those who rely on transit the most;
•Provide seamless connections and routes based on demand;
•Take people to work, school, healthcare, shopping and recreation as efficiently as possible;
•Respect established local service levels and routes; and,
•Maintain and improve transit to Niagara College and Brock University users.
Unconventional Solutions
•Investigate leading-edge technologies and delivery systems that establish Niagara as an innovator in
the transit field; and,
•Explore partnerships with other providers (e.g. GO Transit) where service delivery gaps exist.
19
1
2
Page 89 of 947
Guiding Principles for Integrated Transit
Guiding principles were first established in 2015 and subsequently endorsed by the
Linking Niagara Transit Committee (LNTC).They have informed the development of the
transit governance model for Niagara.
Integrated
•Be seamless with other modes of transportation and evolve according to overall transportation plans
across Niagara (e.g. Transportation Master Plan and local Master Transit plans);
•Integrated with and support daily GO train service;
•Connect municipalities at hubs that are most appropriate for customers and the community;
•Evolve according to long-term transportation planning, growth planning, and economic development
opportunities; and,
•Promote interconnectivity with systems that connect Niagara with the GTHA (e.g. GO Transit,
Hamilton Street Railway).
Economically Responsible
•Recognize inter-municipal transit is a public service funded through property taxes, grants, and partial
cost recovery through user-fees;
•Balance financial costs with potential ridership and benefits;
•Build on past transit investments by enhancing, not duplicating, existing services; and,
•Explore alternative modes of delivery, particularly in small communities and rural areas.
Fair
•Respect existing investments made by communities with public transit and existing service levels;
•Provide a basic level of services that can be accessed by as many Niagara residents as possible;
•Balance respect for taxpayers with the ability of transit riders to pay fares; and,
•Respect existing transit collective agreements.20
4
5
3
Page 90 of 947
Reaching a Preferred Governance Model
Introduction
To determine a preferred governance model for Niagara’s integrated transit system,
Optimus SBR and LTRT followed a systematic approach that followed five main steps.This
report contains a summary of the key information and insights from each of these steps.
Understanding the
Current Situation
Developed a mutual
understanding of the
current state of
operations of the
various transit entities in
Niagara, and to
understand how other
jurisdictions approached
the integration of their
systems
Modelling the Future
Forecasted different
growth scenarios for
transit ridership in
Niagara and outlined
the costs/revenues
associated with those
forecasts
Developing Options
Outlined three different
Governance models that
could potentially be
created to oversee
integrated transit
services in Niagara, and
key evaluation criteria
that would be used to
choose a preferred
model
Recommending a
Model
The evaluation criteria
was used to complete a
detailed assessment of
each model, and
ultimately led to a
recommendation
Planning for Change
Detailed phasing for
how Niagara should
move from the current
state of transit services
to a successful
integrated system
This report represents the culmination of research, analysis, and input from key stakeholders
across Niagara Region to establish a way forward for transit integration.21Page 91 of 947
Niagara Transit Governance
Study
22
Current State &
Leading Practices
Page 92 of 947
Introduction
Current State & Leading Practices
The first phase of this project involved a thorough review of the current state of transit in
Niagara to identify what was working well and what challenges exist,hear different
stakeholder perspectives,and better understand the benefits that an integrated system
could bring to the region.
Understanding the Current Situation
Before work on evaluating and selecting different models for an integrated transit system could begin,it was critical to undertake a
thorough review of what transit looks like in the Niagara Region today. A clear picture of the current state allowed us to understand what
was feasible and not feasible with respect to transit integration in Niagara.Through this understanding,it was possible to devise different
options for moving forward,assess which option had the most potential,and develop a realistic transitionplan for gettingthere.
This was accomplished through a review of key data,engaging with representatives from transit system and external organization (e.g.
Amalgamated Transit Union,Brock University),and also included a review of other jurisdictions that have undergone similar transit system
integrations in the past.
The findings from this phase of the project not only provided a sense of the transit-specific strengths/gaps in the current system and the
potential size of an integrated one,but also enabled us to understand what was particularly important to different stakeholder groups with
respect to transit in Niagara and what their initial impressions of an integrated system were.The data collected during this phase was also a
key first step in forecasting future transit demand,and the information gained from researching how other jurisdictions structured and
implemented their integration provided important insights and lessons learned that were applied to all subsequentphases of work.
In the following slides,please find a summary of the Current State and Leading Practices Report,which includes an overview and key
statistics about transit in the region,a financial summary,a snapshot of themes identified during engagement with key stakeholders,and a
summary of insights gained from the review of other jurisdictions.23Page 93 of 947
Current State & Leading
Practices
24
System Assessment
Page 94 of 947
Niagara Transit System Overview
25
Niagara Region is home to twelve lower-tier municipalities and eight transit service
providers.Cities,towns and hamlets are dispersed with large swaths of farmland and
natural expanse between them.Page 95 of 947
Niagara Transit System Overview
System Assessment
The region experiences diverse levels of transit services.Higher-quality transit services are
generally correlated with higher levels of urbanization.
26
Overview Niagara Falls,St.Catharines and Welland are the largest local transit services and provide
contracted service throughout the region.
–Niagara Region contracts service on all intermunicipal routes to Niagara Falls, St.Catharines and
Welland
–Thorold contracts service from St.CatharinesTransit
–Port Colborne contracts service from Welland Transit
Niagara Region,in partnership with several municipalities in western Niagara,launched NRT
OnDemand,an alternative transit service on August 17,2020.
–The service was initially designed as a regional transit alternative connecting the communities of
Grimsby, Wainfleet,Lincoln and West Lincoln with the larger urban centres in Niagara Region
–Grimsby opted to introduce a new local transit service as part of NRT OnDemand to provide transit
access within the community and connectivity to the planned GO Station.
–Additionally,Lincoln and Pelham have completely replaced their local fixed -route transit services with
NRT OnDemand.
Fort Erie and Niagara-on-the-Lake operate their own local fixed-route transit services
through third-party private contractors
–The contractors are responsible for all service as well as supply and maintenance of vehicles,
equipment and other assets
–Only Niagara-on-the-Lake reports into the Canadian Urban Transit Association
Wainfleet and West Lincoln Townships have no existing local transit service,but expansion of
NRT OnDemand remains a future consideration.Page 96 of 947
Niagara Transit System Overview
27
The following is a summary of 2019 key characteristics for transit in the region for the
different systems:
Municipality Ridership Service Hours Routes Revenue Vehicles Operating
Expenses
Operating
Revenue
Specialized
Ridership
Niagara Region Transit 1,065,933 85,070 18 21 $ 12,228,435 $ 4,878,503 29,995
Niagara Falls Transit 2,009,784 95,538 31 45 $ 12,521,213 $ 3,842,111 24,722
St. Catharines Transit
Commission 4,731,453 152,181 24 73
14 Specialized $ 21,643,836 $ 8,704,665 28,166
Thorold
(Provided by St.
Catharines Transit)
286,037 11,779 3 N/A $ 1,347,798 $ 460,034 3,722
Welland Transit 738,998 42,509 9 18
4 Specialized $ 3,128,392 $ 1,359,467 12,802
Port Colborne
(Provided by Welland
Transit)
12,700*2,600 2 N/A $ 278,684 $ 18,838 N/A
Fort Erie
(Provided by 3rd Party)40,467 13,313 4 3 $ 972,740 $ 35,076 9,880
Lincoln
(Provided by 3rd Party)2,000 2,064 3 1 $ 317,680 $ 51,851 N/A
Niagara-on-the-Lake
(Provided by 3rd Party)29,510*6,545*2 2 $ 667,416 $ 22,357 N/A*
Pelham
(Provided by 3rd Party)7,895 5,458 2 2 $ 445,090 $ 32,600 910
*Note that at the time of collection some data remains approximate since reporting may not yet have been completePage 97 of 947
Access to Services
Conventional transit services are accessible to over 390,000 people or approximately 85%of
the region’s residents.
0.24
1.08
1.00
0.89
0.63
0.14
0.43
0.10
0.57
0.28
0.00
0.20
0.40
0.60
0.80
1.00
1.20
0
5
10
15
20
25
30
35
NRT NFT SCT WT TH PC FE LNC NOTL PLHM Service Hours per CapitaRiders per Service HourRidership and Service Hours by Agency (2019)
Utilization (Riders /
Service Hour)
Service Hours / capita
28
o There is a stark discrepancy in the amount of service and the utilization of that service in large urban
areas versus the smaller municipalities;
o While this could be largely related to the density and urban form, it does call attention to the fact that
utilization is driven by availability and utility of the service; and,
o Note that service in Thorold is provided by St. Catharines Transit Commission and is considerably better
performing than other smaller municipalities on the basis of riders per service hour.Page 98 of 947
Current State & Leading
Practices
Financial Analysis
29Page 99 of 947
Financial Performance
30
A financial performance summary was compiled based on CUTA statistics and information
from each of the transit operators in Niagara for the year 2018.Page 100 of 947
Operating Expenses and Revenues
31
This chart reflects the considerably large disparity in the investment in service and the
service area that these agencies are responsible for.
$6.90
$4.32
$2.73 $2.39 $3.10
$20.46
$23.17 $21.86
0
5
10
15
20
25
30
0
2500
5000
7500
10000
12500
15000
17500
20000
22500
25000
NRT NFT SCT WT TH PC FE LNC NOTL PLHM Dollars of Net Operating Expense per Rider ($)Dollars in Thousands ($)Operating Expenses and Revenues by Agency (2019)
OpExp
OpRev
Net OpExp
per Rider
$132.91 $52.25
o St.Catharines,Niagara Falls and the Region have a considerably larger operatingbudgetthan any of the other agencies;
o Fixed route services require discrete capital investments to provide base services and are often under utilized in smaller
rural communities resulting in higher net operating costs per rider;and,
o Note that for these purposes,operating revenue does not include grants and funding from external sources,such as gas tax
funding applied to operating costs.Page 101 of 947
Capital Asset Summary by Agency
32
This slide provides an overview of the purchase and book value of different agency’s
capital assets
0
10
20
30
40
50
60
70
Niagara
Region
Transit
Niagara
Falls
St
Catharines
Welland$ MillionsCapital Assets –Purchase Value
Vehicles Land Facilities
Equipment Technology
0
10
20
30
40
50
60
70
Niagara
Region
Transit
Niagara
Falls
St
Catharines
Welland$ MillionsCapital Assets –Net Book Value
Vehicles Land Facilities
Equipment Technology
Note that all agencies use a different amortization period for their vehicles. For the purposes of this comparison, a 12-year amortization period
(useful life) was used for conventional transit vehicles, cutaway minibuses were given a 7-year useful life and paratransit vans a 5-year useful life.
o Niagara Region Transit owns 21 vehicles that are designed to the standards by the local agency that operates the vehicle on
behalf of the Region .Otherwise,the Region has no other major capital assets;
o Niagara Falls, St.Catharinesand Welland have the largest capital asset inventory of the municipalities;
o The smaller agencies and municipalities contract out service,and do not own the assets for service;and,
o The exception is Fort Erie,which owns the smart card fare system technology onboard their vehicles.Page 102 of 947
Total Forecast Capital Expenses
33
Local transit agencies are planning for large investments over the coming years.
0
5
10
15
20
25
30
35
2020 2021 2022 2023 2024 2025 2026 2027 2028$ MillionsTotal Forecast Capital Expenses 2020-2028
Niagara Falls Transit St. Catharines Transit Commission Welland Transit
*Note that vehicles procured for Niagara Region Transit are configured based on the specifications of the local agency that will be providing the service and maintenance
on the vehicle
*Note that Niagara Region Transit intermunicipal service fleet requirements are included in the capital projections
While core operating technologies (such as the CAD/AVL system and related
components) are shared and integrated across all three local transit agencies,
ancillary technologies such as fareboxes, paratransit scheduling and AVL, and
asset management systems are not presently integrated.
In addition to fleet renewal and minor infrastructure improvements,the
three properties have plans for major facility improvements.Many of
these initiatives already have committed funding as part of ICIP,including
matching municipal funds:
•Niagara Falls Transit had earmarked $ 7M for transit terminal and
storage facility expansion in 2020
•Welland Transit had earmarked $13M for a new operations facility in
2021
•St.Catharines Transit had earmarked funds annually for major garage
improvements totalling $15MPage 103 of 947
Funding and Financing Service and Investment
Operating Subsidies and Tax Levies
o Most municipalities contribute to funding transit agencies within their cities and towns through either
through their annual budgeting process,or by dedicated tax levies that are specifically allocated to
transit;
o In Niagara Region,most transit agencies operate as a division of the local municipality they reside in,and
are funded directly through the annual municipal budget process;and,
o St.Catharines Tra n sit Commission, which operates on a commission model, has secured a dedicated
transit property tax levy approximately 0.07%or roughly $210 per year on a $300,000 home.
Provincial Funding
o Niagara Region Tran sit,as well as the local municipalities receive Gas Tax disbursements that are
allocated to operating and capital transit investment.The 2018/19 allocations are listed below:
o Lincoln will begin collecting Gas Tax disbursements in 2019/20.
o Funding from the Safe Restart Agreement is beginning to flow to municipalities and transit agencies as
part of the COVID-19 response,with eligible projects including service improvements and governance
restructuring 34
Total NRT NFT SCT TH WEL PC FE LNC NOTL PEL
Operating $1,649,400 $267,309 $ 532,000 -$250,993 -$112,754 $287,173 -$147,837 $ 51,334
Capital
Total
$4,806,134 $493,722 $ 914,000 $2,633,000 -$765,129 -----
$6,455,534 $761,031 $1,446,374 $2,633,000 $250,993 $765,129 $112,754 $287,173 -$ 47,837 $ 51,334
Page 104 of 947
Funding and Financing Service and Investment cont.
Federal Funding
o Niagara Region Transit as well as Niagara Falls, St. Catharines and Welland applied for Public Transit
Infrastructure Fund (PTIF) funding with the federal government for capital improvements and funding has
been made available;
o PTIF funding, which was made available to transit agencies across Canada, is a limited pool of $3.4 Billion
that is allocated to transit agencies based on reported CUTA ridership figures;
o Active applications for PTIF funding will be ongoing until the funds expire; and,
o Investing in Canada Infrastructure Program (ICIP) funding has been approved, and provincial and federal
funds have been committed for over $ 74M worth of capital investments through the first round of
funding
35Page 105 of 947
Current State & Leading
Practices
36
Stakeholder
Perspectives
Page 106 of 947
Stakeholder Engagement Findings
37
A number of stakeholders were engaged to gather insights and perspectives about the
current state of transit services and key considerations for an integrated system.Some key
considerations raised by stakeholders with regards to service and system planning included:
Findings Connecting to Hubs:Integrated system should focus on connecting residents to
important community hubs and landmarks in an efficient manner (e.g.hospitals,malls,
schools,etc.).No trip to the hospital should take 2-3 hours.
Seamless Rider Experience:Prioritize aligning service schedules and stops so that riders
can move from point A to point B –with integrated fares.
Collaboration with Regional and Municipal Staff: A coordinated effort will need to be
undertaken to look at routes and determine the need that current construction projects
will have for future transit service.
Connecting with other Transit Entities:Integrating and/or connecting with other transit
systems in the area,including GO,HSR,or coach bus.
Building for Niagara’s Current and Future Needs:Ensuring that appropriate services
are built to accommodate future residential and business developments and creating
inter-municipal corridors will be important.
Accessibility: Consider an automated booking service that allows users to book in
advance given consistent medical needs.
Community Engagement: Importance of ongoing and regular public communication
and engagement in transit planning to ensure the voice of the rider is understood.Page 107 of 947
Current State & Leading
Practices
Leading Practices
38Page 108 of 947
Leading Practice Overview
Leading Practices
The following is a summary of the findings from the jurisdictional scan of four municipalities,
including the regions of Durham, Waterloo and York, and the Edmonton Metropolitan
Region.
39
Both Commission model and
Centralized Delivery in use
Financial
Cumming Principle used for asset
transfers and there is a varied
approach to levies
Transit & Operations
Service Enhancements requires
prioritization and considerable,
investment
Transition
Significant communications efforts
required to engage staff, unions
and the public
Lessons Learned
Transfer of human
resources to a new
organizational structure is
a significant undertaking
Need to consider the
magnitude of cultural
change and legacy systems
involved in transition
planning
A phased-in single tax levy
has been successful
elsewhere
Ongoing communication is
an important factor in
bringing key stakeholders
onboard Page 109 of 947
Summary of Findings: Leading Practices
Leading Practices
The following is a summary of the findings from the jurisdictional scan of four municipalities,
including the regions of Durham,Waterloo and York,and the Edmonton Metropolitan
Region.
40
•A governance body was set up for both the study for amalgamation, and the transition period.
Membership often continued into the transition planning period.
Governance
•With the exception of Waterloo Region, which was a staff-only led Committee (and reported directly to
Regional Council), the remaining amalgamations had an operationally focused oversight body that
reported to a politically appointed oversight body.
•York and Waterloo Regions both selected a governance model where transit resided as a department
within the Regional Corporation, and reports to Regional Council through the Chief Administrative
Officer. Edmonton and Durham selected a Commission model.
Transit Service
Planning &
Operations
•Due to the difference in transit services across the amalgamated municipalities, often considerable
service enhancements were identified. These were prioritized and completed in a phased approach
over 5 to 7 years.
•Significant planning and resourcing is required for the transfer of human resources related matters,
including contract negotiation, and placing staff within a revised organizational structure.
•Fares were integrated across the amalgamated regions.
•Collection of service metrics continued to be a challenge well after the transition period as
amalgamated bodies reconciled legacy systems across local transit providers.
Financial
•There was a varied approach to the fee levy: Durham and York Regions instituted a unified levy,
Waterloo implemented a differentiated fee levy (with the goal of a unified levy), and Edmonton will
receive funding from municipalities based on budgeted operating revenues and expenses.
Considerations •Municipalities typically started with applying area rated tax levies to apportion the cost of the transit
services being provided to each community, then moved to introduce single urban tax levy and
maintain area rates for rural areas.Page 110 of 947
Summary of Findings: Leading Practices
Leading Practices
The following is a summary of the findings from the jurisdictional scan of four municipalities,
including the regions of Durham, Waterloo and York, and the Edmonton Metropolitan
Region.
41
Financial •The Cumming Principle was utilized in most cases for transfer of assets.
Considerations •Transit related development charges were transferred to the regions of Durham and Waterloo.
•All municipalities documented the transition plan in a joint agreement between transit providers and
established a transition period between 1 to 2 years.
Transition
Planning
•Most Plans focused that transition period on bringing the transit systems together, not on significant
changes to services and service levels.
•Significant communication resources required to inform and engage both impacted staff and unions,
and members of the public.
•Consideration needs to be taken on how and why resources are transferred to the amalgamated
organizational structure.
Lessons
•A single tax levy being implemented from the beginning, through a phased approach had been made
successful through a concurring commitment to provide service in areas that had no transit services.
Learned •Do not underestimate the magnitude of cultural change and legacy systems involved in transition
planning.
•Ongoing communication to the public, province, and municipal governments is an important factor in
bringing key stakeholders onboard.Page 111 of 947
Current State & Leading
Practices
Summary
42Page 112 of 947
Summary
Current State & Leading Practices
The current state has broad implications for the future of transit in Niagara,and the long-
term design and development of an integrated transit agency.Key findings that a future
integrated system will need to consider include:
43
Implications
for
Integration
with respect to
availabilityand frequency of service,and ensuring basic levels of equity for accessing services.
Manage the differences in transit service expectations from residents of different municipalities.The
relative lack of population density in a large part of the region and the pockets of density located in the
major municipalities –including the fact that 85%of the region’s population still lives within a 15-
minute walk of transit services,and over half of the population within a 5-minute walk.
The large swathes of ruraland undeveloped land within the region and how these will be served.
The differences in financial contribution of the three largest municipalities in terms of operating dollars
per capita compared to the smaller transit agencies.
That the larger municipalities have substantial planned investments that will need to be maintained
toward fleet and facility renewal.
That agencies have already begun to integrate technologies across the region.
The financial and legal impact of transferring existing contracts municipalities to the future integrated
system.
How the three CBAs with the ATU are to be consolidated into a single agreement.
The means and degree to which the new integrated agency will take on the current staff complements
of the different transit agencies, and the method by which leadership positions will be filled.Page 113 of 947
Niagara Transit Governance
Study
Future State Transit
Service Plan
44Page 114 of 947
Introduction
Future State Transit Service Plan
The second phase of work in this project,the Future State Transit Service Plan,was a critical
milestone as it provided insight into the potential growth of transit in Niagara Region and its
implications for an integrated transit system.
Modelling the Future
Understanding the future demand on the Region's transit network is an important consideration in planning for it.By forecasting ridership
growth,and capital and operating costs,one can gain a clearer picture of the benefits that an integrated transit system could bring to
Niagara,and also better understand the environment that this integrated system will be operating in.While not a direct input into the
governance structure recommendations,the results of the Future State Transit Service Plan provide critical context of how residents and
workers in Niagara Region will utilize the services providedby this new entity.
As part of this study,an in-depth analysis of the Transportation Tomorrow Survey and the Ontario Growth Plan was undertaken,as well as
observed transit data to identify a set of changing trends and important considerations for the 2031 horizon.In addition to this,a forecast
of future demand estimates for the preferred network was undertaken,which was achieved by adjusting information related to routes,
headways,fare policy, and more.
The following slides contain a summary of this Future State Plan that outlines the potential growth in transit ridership in Niagara.The
assessment has identified a latent demand for transit that the current status quo system is unable to accommodate because of its inability
to effectively support inter-municipal trips with first-and last-mile connections.Through integration,however,Niagara has the opportunity
to spur this latent demand and accommodate ridership growth throughout the Region.This new entity will have the capacity, scale,and
flexibility to build a system that reacts to not only the demand within a particular municipality,but that drives transit ridership growth
across the Region.
Current State and
Leading Practices
Future State Transit
Service Plan
Model Options
Development Model Analysis Transition Planning
45Page 115 of 947
Within 10-years of amalgamation, transit mode sharecould increase between 0.9% – 1.8%
46
This is consistent with peer jurisdictions,who experienced between 30%and 130%mode
share increases post amalgamation,independent of population growth.
After amalgamation of local transit services,Durham,Waterloo and York Regions all experienced a substantial
increase in transit utilization.
In contrast,the local transit mode share in Niagara Region has remained largely constant over the past twenty
years.
Note:this chart excludes all “GO Transit Only”trips,and focuses entirely on transit trips that utilize some form of local transit
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
1996 2001 2006 2011 2016Transit’s Mode Share of All Regional TripsDurham York Waterloo Niagara
York Region Transit begins
operations (2001)
Grand River Transit
begins operations
(2000)
Durham Region Transit begins
operations (2006)Page 116 of 947
Transit Demand in the 2031 Horizon
47
In all tested scenarios with fully integrated transit services,the total number of transit trips
greatly outpaces the status quo
The consultants worked in collaboration with IBI Group to produce a set of comparable 2031 AM Peak Period
transit forecasts using the Region's Transportation Model.The future network in the model was updated to
the preferred network,including the express service options,and a preliminary fare-policy was
recommended.
The high growth scenario considers the results of the advanced modelling analysis and includes recent trends
in growth and demand and identifies an apparent latent demand for improved regional transit integration.
This scenario employs the increasing trends in modal share observed at peer transit agencies after
amalgamation of local transit services.While this represents a considerably greater demand for transit in the
2031 horizon, the approach employed to consolidate these results ensures that the most current transit
ridership trends are adequately captured.
Total Trips Originating from and/or Destined within Niagara Region
Status Quo Low Growth High Growth
AM Peak Period 4,7706,99015,180Transit Demand
Note that this assessment does not represent a rigorous modelling exercise and should only be leveraged for the purposes of
providing broader context to the overall transit governance strategy.
The Status Quo scenario assumes 2%annual growth.Page 117 of 947
After service integration,transit ridership is expected to grow byupto80%region-wide by 2031 in the High-Growth Scenario
Service integration will allow for more seamless travel region-wide. With appropriate service
enhancements, every local municipality will have substantial growth in transit ridership
48Note that growth rates for Grimsby, Wainfleet and West Lincoln are excluded since there was no transit service in 2019Page 118 of 947
Demand for specialized transit service isexpectedto grow between 20%and 40%
49
Future State Transit Service Plan
2018 Observed 2021 Forecast 2031 Forecast
Total Clients 4,390 4,580 –4,780 5,300 –6,360
Total Trips 124,087 129,460 –135,025 149,865 –179,840
Ambulatory / Non-
ambulatory Patient Trips 30,684 / 93,403 32,015 –33,390 /
97,445 –101,635
37,058 –44,470 /
112,810 –135,370
Trips with / without a
support person 22,725 / 101,362 23,710 –24,730 /
105,750 –110,295
27,445 –32,935
122,420 –146,905
0
25
50
75
100
125
150
175
200
ThousandsGrowth in Specialized Transit Trips
Low Growth
High Growth
Data and growth rates extracted from the January 2020 Niagara Specialized Transit report (IBI Group, 2020)Page 119 of 947
Expected Service Growth
50
Transit service must increase dramatically over the first ten years to meet ridership demand
after amalgamation. Region-wide,capacity must increase by over 300,000 service-hours
(approximately 95%increase over 2019)in the high-growth scenario.
Municipality Ridership
(2019)
Anticipated Annual Trips
(2031)
Service Hours
(2019)
Estimated Service Hours
Required (2031)
Intermunicipal Services 1,065,933 2,080,000 –3,420,000 85,070 105,000 –198,000
Niagara Falls 2,009,784 2,085,000 –3,430,000 95,538 99,000 –165,000
St. Catharines 4,731,453 4,600,000 –7,100,000 152,181 148,000 –230,000
Welland 738,998 870,000 –1,440,000 42,509 50,000 –83,000
Port Colborne 12,700 20,000 –40,000*2,600 8,500+
Thorold 286,037 255,000 –450,000 11,779 12,000 –19,000*
Fort Erie 40,467 49,000 –81,000*13,313 16,000 –27,000
Niagara-On-The-Lake 29,510 22,000 –37,000*6,545 8,500+
Grimsby (On-Demand)~N/A 5,000 –9,000*N/A 3,500+
Lincoln (On-Demand)~2,000 6,000 –10,000*2,064 3,500+
Pelham (On-Demand)~7,895 15,000 –26,000*5,458 5,500+
West Niagara
(On-Demand)~N/A 290,000 –475,000*N/A 42,000 –56,000
Summary 8,924,777 10,030,000 –16,200,000 417,057 502,000 –803,000
•*Note: the demand models employed are less effective at predicting ridership precisely in smaller municipalities and areas with now existing
transit service; these values should be considered carefully in this context.
•+Note: service hour growth for Port Colborne and Niagara-on-the-Lake is required for ensuring customers have equal access to transit
throughout the region by providing equivalent service levels and span-of-service to other local municipalities
•~Note: West Niagara Intermunicipal On-Demand is separate from local on-demand service in Grimsby, Lincoln or PelhamPage 120 of 947
Service Improvement Increments
51
Future State Transit Service Plan
Initialization Phase
2021 – 2022
•Initialization of the new
integrated service
•Harmonize costs and hourly rates
for operators and staff
•Initial phases of harmonized fares
are implemented
•Implement an integrated fare
system and associated
technology to support region-
wide travel
•Improve services in Port
Colborne, Fort Erie and Niagara-
on-the-Lake to ensure
consistency across the region
Growth Phase
2023 - 2026
•Considerable investment in
service hours across the region
•Expansion of fleet and facilities to
accommodate growth
•Potential demand for incremental
investment in transit priority
measures such as queue jump
lanes, transit signal priority and
dedicated right-of-way
Future Outlook
2026 - 2031
•Incremental transition to an
integrated fare for region-wide
travel to drive ridership growth
and ensure seamless and fair
access to opportunities by
transit
•New services and infrastructure
investment into higher-order
transit such as Bus Rapid Transit
•Implementation of fixed-route
services into West-Niagara to
satisfy growing transit demandPage 121 of 947
Operating Cost Comparison Across Scenarios
52
Assuming a “Go-Live”date in the fiscal year of 2022,the new entity will need to make
considerable investments in order to satisfy the demand for transit services in the region.
Service investment in order to achieve high growth is approximately 55%greater than the Status Quo scenario.Savings in the
low-growth scenario are driven by lower more strategic investment in services and a reduced administrative burden over the
status quo.Notice that the average cost-per-trip is lower in both the low growth and high growth scenarios.
$120
$100
$80
$60
$40
$20
$-nseillionsMpeEx ngitarpe OlnnuaA2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Change per Trip
$ 53.8 $ 55.4 $ 55.4 $ 56.1 $ 56.9 $ 57.6 $ 58.4 $ 59.2 $ 60.0 $ 60.8 $ 61.7 $ 62.5 $ 63.4 1.44%$ 9.16
$ 53.8 $ 55.4 $ 54.6 $ 55.4 $ 57.3 $ 58.3 $ 59.2 $ 60.2 $ 61.1 $ 61.5 $ 62.5 $ 63.4 $ 64.4 1.79%$ 8.78
$ 53.8 $ 55.4 $ 54.6 $ 55.4 $ 60.7 $ 69.3 $ 73.5 $ 77.1 $ 81.3 $ 84.9 $ 89.1 $ 93.2 $ 96.8 7.74%$ 8.39
Status Quo
Low Growth
High Growth
Note that costs and revenues represent real dollars ($2019) and are not adjusted for inflation Operating Costs in Millions
Integrated transit
service begins
Avg
Annual Avg Cost Page 122 of 947
Implementing an integrated fare structure is critical to achieving ridership growth targets
53
Future State Transit Service Plan
Additional consideration should be made for the impact on changing fare policy on the post-secondary student pass programs
at Brock University and Niagara College. Note that for this analysis it is assumed that the Post-Secondary UPass Program is tied
to enrollment, not student ridership, and thus remains constant under all future scenarios.
2022 2031
Start-of-Service Status-Quo Integrated Transit Fares
Regional Cash Fare $ 6.00 $ 6.00 $ 3.00 -$ 3.50
Local Cash Fare $ 3.00 $ 3.00 $ 3.00 -$ 3.50
Total Customer Journeys 6.2M –6.5M 6.8M 7.3M –10.8M
Student Customers 3.6M 3.7M 4.0M –5.4M
Non-student
Customers 2.7M –2.9M 3.0M 3.3M –5.4M
Total Revenue $ 18.2M -$ 18.5M $ 20.1M $ 20.3 –$ 29.2M
Post-Secondary Pass
Program Revenue $ 10.5M $ 11.6M $ 11.6M
General Fare Revenue $ 7.7M -$ 8.0M $ 8.5M $ 8.7M –$ 17.6M
Average Revenue per Trip $ 2.84 –$ 2.91 $ 2.91 $ 2.53 –$ 2.77
Note that costs and revenues represent real dollars ($2019) and are not adjusted for inflationPage 123 of 947
Specialized Transit Operating Cost Comparison
54
Future State Transit Service Plan
Operating Costs in Millionss$10.0
neillio$9.0
nsM$8.0
pe$7.0
Ex $6.0
ngita$5.0
rpe$4.0
Ol$3.0
nnua$2.0
A$1.0
$0.0
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Low Growth
High Growth
$ 5.6 $ 6.0 $ 6.4 $ 6.5 $ 6.6 $ 6.7 $ 6.8 $ 6.8 $ 6.9 $ 7.1 $ 7.2 $ 7.3 $ 7.4
$ 5.7 $ 6.2 $ 6.6 $ 6.8 $ 7.0 $ 7.3 $ 7.5 $ 7.7 $ 7.9 $ 8.1 $ 8.4 $ 8.6 $ 8.8
Integrated transit
service begins 20%
Note that costs and revenues represent real dollars ($2019) and are not adjusted for inflationPage 124 of 947
Major Capital Investments
55
While several key investments in technology and infrastructure will be required to address service growth
throughout the region,over $74M-worth of projects have committed funding from the federal and
provincial governments through ICIP and are anticipated to advance within the next few years.
•Up to 82, 40’ transit vehicles and 38, 60’ articulated transit vehicles by
2031 (in the High Growth scenario)
•Further consideration for facilities may be required as alternative
propulsion methods (e.g. hydrogen, battery-electric, etc.) are considered
$ 95,000,000 between 2021 and
2031 ($ 9.5M/year on average)
•Niagara Falls Transit indicated that they intend to commit capital funding
to improve existing terminal facilities within the City.$ 4,500,000 in 2020/2021
•A new facility will replace the existing Welland Transit Garage, and is
particularly useful for the high growth scenario
•The site is ideally situated in close proximity to most endpoints of inter-
municipal services, making it preferable for servicing and overnight
storage of those vehicles, in addition to vehicles assigned to Welland, Port
Colborne and Fort Erie
$ 13,000,000 to $ 16,000,000
in 2022 to 2025
•St. Catharines Transit has indicated that garage facility upgrades will be
required within the next ten years
•Services in St. Catharines will also experience the largest growth
requirements for fleet, which will further strain existing garage facilities
$ 15,000,000 to $ 20,000,000
in 2025 to 2027
•Integrated electronic fare collection system is required at launch
•It is anticipated that the existing ITS systems will require replacement
towards the end of the ten-year horizon.
•With a larger fleet and an expectation of changing technologies, this
investment will be substantial
Up to $ 7,500,000 for fare system
depending on technology
$ 20,000,000 to $ 30,000,000 in
2028 to 2030
Note that these are intended for consideration and high-level estimation of capital cost requirements and not
intended to replace a more fulsome business case or investment study.Page 125 of 947
Future State Transit Service
Plan
Summary
56Page 126 of 947
Integration Will Drive Ridership Growth
By way of investments and harmonization of services and fares,transit under an
amalgamated system is anticipated to become a more frequently used means of
transportation in the region, with ridership outpacing the status quo.
Key
Highlights
Transit ridership forecasts indicate a latent demand for inter-municipal transit travel that the existing disconnected
transit providers are unable to accommodate.As a result,transit ridership growth across the region is driven by
improved inter-municipaltransit tripsand improved connections to GO Transit rail services.
By investing in targeted projects and services to grow the transit mode share throughout the region,transit ridershipregion-wide could grow by over 80%by 2031 under an amalgamated transit service.
It is anticipated that Niagara Region,like its peer jurisdictions will experience a transit mode share growth of 30%to
130%within ten years of amalgamation.
Capital investment of between $70M and $155M between 2021 and 2031 may be required to address service and
demand growth.Provincial Gas Tax revenue could result in up to $50M - $80M in revenue over the same ten years.
Over $70M-worth of near-and mid-term projects have committed funds from the federal and provincial governments
through ICIP.
An integrated single fare is critical to driving ridership growth and could be achieved in a way that is revenue-neutral
if implemented progressively as ridership grows.While an integrated payment system and harmonized fare structure
will be required at the start of service,a single fare region-wide can be implemented over time.
Key
Considerations Operating costs could be impacted by governance decisions around harmonization of salaries and hourly rates for
staff and operators
Subsidy and alternative revenue generation will have to be considered,particularly the allocation of gas tax funds to
capital and operating expenses.
The new entity will be responsible for delivering and investing in service to drive aspirational ridership growth,no
matter what governance structure is implemented.
The new organization will be responsible for establishing transit service standards region-wide,which must balance
cost effectiveness of various transit modes with the necessary levels of service to increase ridership and improve the
public perception of transit’s effectiveness in Niagara Region.
Future State Transit Service Plan
57Page 127 of 947
Niagara Transit Governance
Study
Model Options,
Analysis, and
Recommendation
58Page 128 of 947
Introduction
Model Options, Analysis, and Recommendation
The third and fourth phases of work involved developing potential model options,
evaluating their potential,and ultimately recommending a preferred model for Niagara’s
integrated transit system.
Developing and Evaluating Potential Options
Once a thorough understanding of the current state of transit and the potential future growth in Niagara was complete,the information
gained was used to develop three potential governance models that would be capable of delivering transit services in the region and
meeting service expectations now,and in the future.
All three of these options were considered to be capable of meeting Niagara’s transit needs,but in order to determine which model would
be best suited for the region,a thorough analysis was undertaken during which each option was evaluated against a series of criteria that
spanned the domains of operations, finance,stakeholder equity and input, and ease of implementation.Once that analysis was completed,
the preferred model was identified.
This section contains an overview of each of the proposed transit system models,a description of the evaluation criteria used to evaluate
them against each other,and a summary of the results of this analysis.Moreover,the closing slides of this section contain a summary of the
rationale for the recommended model,a brief overview of some key risks and considerations that will need to be addressed as the
integration moves forward,and additionalinformation around organizationaland governance structurethat has been recommended.
Current State and
Leading Practices
Future State Transit
Service Plan
Model Options
Development Model Analysis Transition Planning
59Page 129 of 947
Model Options, Analysis, and
Recommendation
Model Options
Overview
60Page 130 of 947
Model Options Overview
Model Options Overview
Following the completion of the current state review,the jurisdictional scan,and the
development of the future state plan,three potential governance models were developed:
Limited
Commission
o Transit Service is governed by
a regional commission with
representation from local
elected officials.
o Commission reports to
Regional Council
o Strategic decision making for
Transit Service is directed by
Regional Council
o Relies on corporate services
but retains transit-related
services in-house
•Durham Region
Full
Commission
o Distinct entity independent
from Regional Council
o Governed by a board of
appointed members,
equitably selected by
Regional Council
o Responsible for all transit
planning and delivery
o Budget allotment approved
by Regional Council
o Makes limited use of Regional
services except where service
sharing does not impede
agility or independence
•Edmonton
•TTC
•St. Catharines
Regional
Division
o Division within Niagara
Region’s Public Works
department
o Regional Council remains the
governing body of the transit
division
o Strategic decision making for
Transit Service is directed by
Regional Council
o Integrated into the Regional
administration similar to
other service delivery
departments
•York Region
•Waterloo Region
Transit System Examples
61Page 131 of 947
Model: Limited Commission
Model Options Overview
The governance models highlighted in the previous slide have many similarities and
differences.The following slides contain a comparison of them by reviewing a few key
characteristics:
62
Governance
Structure &
Decision Making
•Commission membership is a combination of Local and Regionally elected
representatives and would have representation from all local area municipalities in
the Region, selected by their respective Council and appointed by Regional Council.
There is also opportunity for non-elected members of the public to be members of
Commission.
•Commission acts as an Advisory group to Council where strategic decisions for
service standards, service levels, budgets, and fares are made by Regional Council.
•Commission decision making is focused on operating policies to implement and
deliver transit services and collect fares.
Organizational
Structure and
Shared Services
•Will take advantage of Regional corporate services and therefore can expect a
reduction in FTE. Shared corporate support services can be purchased from Niagara
Region for areas such as Finance, HR, Legal, Service Planning, etc.
•To ensure adaptability, the Commission will retain such transit-related services as
procurement, fleet maintenance, and communications to ensure transit-specific
autonomy is provided but also allows leveraging of corporate supports.
Funding Sources
•Regional Council will make the funding decisions based on recommendations from
the Commission regarding annual service levels and fare strategy.
•Funding sources include transit fares, Provincial and Federal funds, with the
Municipality subsidizing net operating costs and funding the capital program.Page 132 of 947
Model: Full Commission
Model Options Overview
63
Governance
Structure &
Decision Making
•Commission would be a distinct entity incorporated through the Municipal Act and
independent from Regional Council. The Commission would be an agency of the
Region of Niagara through the Municipal Act.
•Governed by a Commission of appointed members, who are composed of a
combination of elected and non-elected individuals, nominated and appointed by
Regional Council.
•Commission is single point of responsibility for transit service planning and delivery
and is empowered to make strategic and operational decisions regarding transit
service planning and delivery based on the funding approval from Regional Council.
Organizational
Structure and
Shared Services
•Commission is a ‘purpose-built’ transit planning and delivery agency.
•Financial reporting for Transit Commission is independent of Regional Council and
has agency specific methods and systems in place.
•Transit agency-specific methods and systems in place for IT, HR, legal, service
planning.
Funding Sources
•Commission will set fare policy and deliver service within the budget allotment
approved by Regional Council.
•Funding sources include transit fares, Provincial and Federal funds, with the member
municipalities subsidizing net operating costs and funding the capital program.Page 133 of 947
Model: Regional Division
Model Options Overview
64
Governance
Structure &
Decision Making
•The Regional Council remains the governing body of the transit division (much like
Niagara Region Transit currently).
•A Transit Committee of Council should be created to provide oversight during
transition and early years of operation. Regional Council makes decisions for service
standards, service levels, budgets and fares.
•Staff administers the Transit program as approved by Regional Council to deliver
transit services and collect fares.
•Decision making for Transit Service is directed by Regional Council which has locally
elected representation.
Organizational
Structure and
Shared Services
•Transit Services are integrated into the Regional administration similar to other
service delivery departments.
•Corporate support services will be provided and charged to transit services as
determined by internal Regional policy.
Funding Sources
•Regional Council will make the funding decisions based on recommendations from
Staff regarding annual service levels and fare strategy.
•Funding sources include transit fares, Provincial and Federal funds, from the
Municipality subsidizing net operating costs and funding the capital program.
•Regional Council will determine tax levy and capital program needs and financing
through debentures, capital reserves and development charges.Page 134 of 947
Model Options, Analysis, and
Recommendation
Evaluating the
Different Model
Options
65Page 135 of 947
Overview of Criteria
66
Four separate evaluation categories were used to evaluate and compare the different
model options.Within each category are more detailed criteria upon which models were
evaluated.The results of this evaluation will then enable the selection of a recommended
model.
Recommended
Model
Stakeholder
Input and Equity
Stakeholder Input and Equity is the degree to
which the integrated transit entity makes decisions
in the best interest of the region,balances regional
transit priorities with regional equity, and allows
for local municipal autonomy and input
Governance and Operations
The governance and operational
characteristics that allow the transit
entity to achieve transit objectives
and accommodate future growth
Financial Impact
The financial implications of
implementing and operating the
integrated transit entity
Ease of
Implementation
The complexity associated with
transitioning from current state to
the integrated transit entity
Page 136 of 947
Overview of Analysis
The following points provide additional context for the development of evaluation criteria
and how evaluation was conducted:
Perspective Taken for Analysis
o The objective of the model analysis is to determine which governance model would best deliver on the
ambitions outlined in the Future State Transit Service Plan.
o The Future State Tr a nsit Service Plan was not a direct input into the governance structure
recommendation,however it provided critical context of how residents and workers in Niagara region will
utilize the services.Evaluation criteria may be perceived differently by different stakeholders.With
regards to the evaluation,models were assessed by looking at which best serves the interest of the
region and its aspirations to make transit a more viable alternative for commuters, students,residents,
and tourists alike.
Structure of this Section
o The Summary of Analysis section in the following slides provides the scores within the four evaluation
categories with a high-level rationale.The Harvey Ball Method was used, which depicts a visual
representation of the model comparison.This method was chosen at they are useful in demonstrating
the results of relative analysis,particularly for more qualitative measures.In the full ‘Model Analysis
Report’,greater detail is provided on the rationale for the ratings of each criteria.
Evaluation Category and Criteria Weighting
o To further analyze the results of the model options analysis,several different weighting scenarios were
applied to understand the impact that placing different levels of importance of particular categories or
criteria would have on the final recommendation.It was found that there was no impact and therefore no
weighting was applied.67Page 137 of 947
Assumptions
To compare these different model options,some key assumptions were made to ensure a
thorough and fair evaluation:
1.Initial transit services will be based on transfer of existing services
Meaning that service levels and commitments will remain largely the same for all municipalities at launch of
the integrated transit entity for a defined period of time (likely 2-3 years,in agreement with Local Area
Municipalities),with some expansion of service over the few years to ensure consistency across the region.
2. Cummings Principle will be used to transfer assets
The premise of the Cumming Principle is to transfer assets (and related outstanding liabilities),from one
municipality to another with no additional compensation since transferring assets for additional
compensation results in the taxpayer paying twice for the same public asset.This Principle has been applied
for over four decades in the municipal setting throughout Ontario,and in the vast majority of transit
consolidations reviewed as leading practices.The use of the Cummings Principle is also well aligned to the
guiding principle of fairness,which respects the existing investments made by communities on behalf of
taxpayers.
3.Investments in service will meet the transit demands across the network
This includes ensuring that the span of service across the Region is consistent and that all parts of the region
have access to some form of transit service on a prioritized basis over time,and that as demand grows,
service levels will increase to meet the demand.
Evaluating the Different Model Options
68Page 138 of 947
Model Options, Analysis, and
Recommendation
Summary of Analysis:
Governance and
Operations
69Page 139 of 947
Summary
70
The governance and operational characteristics that allow the transit entity to achieve
transit objectives and accommodate future growth.
Criteria Description Limited Commission Full Commission Regional Division
Authority and
Accountability in
Driving Change
Speaks to the accountability and
decision making power held by the
transit entity.
Agility and
Flexibility
Ability for the entity to move from
decision to action,and to react
quickly to environmental changes,
new legislation, advancing
technology,and changing user
demands.
Accommodates
Future Growth
Ability of the future transit entity to
respond to projected ridership and
service growth forecasted in the
Future State Transit Service Plan.
Public
Perception
Public perception refers to the
brand and image of the transit
entity in the eyes of the citizens it is
designed to serve.
No alignment Little alignment Somewhat aligned Well aligned Strongly alignedPage 140 of 947
Authority and Accountability in Driving Change
Category: Governance and Operations
A transit entity with greater authority to drive change is one that can make decisions to
build the desired transit network in Niagara while demonstrating accountability to the
public in order to maintain ongoing support for continued transit investment and growth.
Model Assessment Rationale
Limited Commission
The Limited Commission drives operational decision making and
makes recommendations to Council on strategic matters,but may
be viewed as less regionally accountable where recommendations
are more locally focused resulting in lost support for transit growth.
Full Commission
The Full Commission is a separate body that operates independently
of Regional Council apart from regular reporting and budgetary
approvals, and are accountable for their own decisions,to maintain
public and political support for ongoing transit investment.
Regional Division
The Regional Division model would rely on Regional Council for
decision making and is expected to make more regionally-focused
recommendations, although their accountability and support will be
based on the broader perception of other Regional services delivery.
While Regional Council maintains control over annual funding approvals,the Full
Commission is still more empowered to drive change and influence transit in Niagara
Region than the other two models and will be directly accountable for their decisions to
maintain public and political support for ongoing transit investment.
71Page 141 of 947
Agility and Flexibility
Category: Governance and Operations
The agility and flexibility of the transit entity refers to its ability to move from decision to
action,and to react quickly to environmental changes,new legislation,advancing
technology,and changing user demands.
Model Assessment Rationale
Limited Commission
The challenges associated with the Limited Commission being an
external organization but still relying on Council for key decisions
and approvals will reduce its agility significantly.
Full Commission
The Full Commission’s ability to make decisions and quickly
reprioritize as needed makes it more agile and flexible than the
other models.
Regional Division
The Regional Division benefits from its location within the Regional
structure to make best use of shared services and understand
competing priorities,but must still seek Council approval and
coordinate with other Departments before taking action on strategic
matters .
Full Commissions is more capable of reacting to environmental change, moving from idea
to action,and mobilizing their workforce to pivot and respond to external pressure and
needs.
72Page 142 of 947
Accommodates Future Growth
Category: Governance and Operations
Accommodation of future growth speaks to the ability of the future transit entity to respond
to projected ridership and service growth forecasted in the Future State Transit Service Plan.
Model Assessment Rationale
Limited Commission
Though exclusively focused on transit and able to leverage
economies of scale,the Limited Commission may be less
apt to making growth decisions with a regional lens.
Full Commission
The Full Commission’s ability to make regionally-focused
decisions and be flexible to growing and changing needs
make it more able to accommodate it.
Regional Division
A Division's ability to secure ongoing funding,make
regionally-focused decisions,and better coordinate with
other regional services position it well to accommodate
future growth.
The ability to accommodate future growth will be largely based on funding and ability to
make regionally-focused decisions,thus making the Full Commission and Regional Division
the strongest options.
73Page 143 of 947
Public Perception
Category: Governance and Operations
Public perception refers to the brand and image of the transit entity in the eyes of the
citizens it is designed to serve.
74
Model Assessment Rationale
Limited Commission
At launch,a regionally-focused transit entity delivering
integrated and equitable service to Niagara residents can be
expected to receive favorable feedback from the public.
However,neither a Commission or Regional Division
governance model will hold an advantage in the long-term,
as these systems have each received a share of scrutiny and
critical attention from the public and media in the past.
Ultimately,the new entity’s perception will be built around
its service consistency and quality,communication,
branding initiatives,and accountability.
Full Commission
Regional Division
Either Commission or Regional Division model options are equally susceptible to scrutiny
given historical controversies,and risk mitigation strategies and proper accountability
measures will need to be incorporated into any chosen model.Page 144 of 947
Model Options, Analysis, and
Recommendation
Summary of Analysis:
Financial Impact
75Page 145 of 947
76
Financial Impact
Summary
The financial implications of implementing and operating the integrated transit entity.
Criteria Description Limited Commission Full Commission Regional Division
Lower Cost of
Implementation*
The costs of implementing each
model are associated with the
complexity and the size of the
organizations proposed.
Operating Cost
Efficiency*
Operating costs and efficiencies
relate to how much a transit
agency will spend,but more
importantly how effectively those
dollars are allocated to services
throughoutthe region.
Financial
Decision Making
Financial decision making refers to
decisions leading to transit
operating and capital costs,and
decisions regarding how to
generate the necessary funding,
and ability to secure budget
approvals.
Potential for
Ongoing
Financial Support
The potential for ongoing financial
support to fund the necessary
investment to build and maintain a
transit network which offers
seamless travel within Niagara,
while also supporting connections
with GO Transit services.
No alignment Little alignment Somewhat aligned Well aligned Strongly aligned
*With regards to Costs of Implementation and Operating Cost Efficiency, a full circle represents lower relative costsPage 146 of 947
Category: Financial Impact
Lower Cost of Implementation*
The costs of implementing each model are associated with the complexity and the size of
the organizations proposed.
77
Model Assessment Rationale
Limited Commission 2 Both the Limited and Full Commission models will require
an investment in start-up costs. These costs would include
the legal costs associated with establishing the Commission
in the Municipal Act and associated local bylaws as well as
selecting and moving staff and physical resources to a
consolidated office location.Full Commission 2
Regional Division 2
Implementing a Regional Division in municipal bylaw will
likely require less effort. However the costs are not
anticipated to be substantially lower than the Commission
models.
The governance model options are anticipated to have similar order of magnitude'
implementation costs
No alignment Little alignment Somewhat aligned Well aligned Strongly alignedPage 147 of 947
78
Financial Impact
Operating Cost Efficiency*
Operating cost efficiency relates to how effectively those operating expenses are at
providing highly efficient transit services.
Model Assessment Rationale
Limited Commission
The Limited Commission will have budgetary restrictions and be required to
provide the desired service levels within their approved annual budget.
However,a Limited Commission may receive greater local area municipality
input on day-to-day service-related decisions which may result in changes to
service that require sacrifices to service efficiency to address other priorities.
Full Commission
The Full Commission will likely have the greatest budgetary restrictions and will
have to ensure that all operations and unanticipated changes to the service are
accommodated within their approved annual budget.As such,they will likely be
required to providethe most effective service within their financial means.
Regional Division
Regional Division will have greater budgetary flexibility,being able to capitalize
on budget savings in other regional departments to make unanticipated
changes to service.Additionally,a Regional Division may receive greater local
area municipality input in day-to-day service-related decisions which may then
be supported by budgetary amendments at council rather than identifying
internalefficiencies.
A Full Commission could provide the greatest value for operating expenses invested in
service by ensuring that services are allocated as efficiently as possible within budgetary
constraints.This trend seems to be supported by peer agency review.
No alignment Little alignment Somewhat aligned Well aligned Strongly aligned
*With regards to Costs of Implementation and Operating Cost Efficiency, a full circle represents lower relative costsPage 148 of 947
Category: Financial Impact
Financial Decision Making
Financial decision making refers to decisions leading to transit operating and capital costs,
along with decisions regarding how to generate the necessary funding, and the ability to
secure budget approvals.
79
Model Assessment Rationale
Limited Commission
The Limited Commission defers to Council for all strategic
decisions,which are informed by recommendations from
the Commission.
Full Commission Apart from annual operating and capital budget approvals,
all financial decisions are made by the Commission.
Regional Division The Regional Division must take a broader look at regional
priorities when recommending action to Council.
Regional Council holds the ultimate financial decision-making responsibility through the
approval of the annual budget for all models,but the Full Commission Model has the most
independence to make strategic decisions which drive financial outcomes for transit
services.
Little alignment Somewhat aligned Well aligned Strongly alignedPage 149 of 947
Category: Financial Impact
Potential for Ongoing Financial Support
The potential for ongoing financial support to fund the necessary investment over several
years,to build and maintain a transit network which offers seamless travel within Niagara,
while also supporting connections with GO Transit services
80
Model Assessment Rationale
Limited Commission
Financial recommendations to Council may not be
supported if they are deemed to be too locally focused or
not viewed as forwarding regional priorities.The budget
request would be separate from the Region’s internal
budgetary process.
Full Commission
While exclusively focused on transit,the Full Commission
may be less aligned with other regional priorities and
achieve less Council support.The budget request would be
separate from the Region’s internal budgetary process.
Regional Division
This model offers the closest integration with other regional
priorities and thus increases the potential for ongoing
financialsupport.
Regional Council holds the ultimate financial decision-making responsibility,and the
Regional Division offers an advantage by being integrated and aligned with other internal
Regional priorities and can leverage this to obtain ongoing financial support.
Little alignment Somewhat aligned Well aligned Strongly alignedPage 150 of 947
Model Options, Analysis, and
Recommendation
Summary of Analysis:
Stakeholder Input
and Equity
81Page 151 of 947
82
Stakeholder Input and Equity
Summary
Stakeholder Input and Equity is the degree to which the integrated transit entity makes
decisions in the best interest of the region,balances regional transit priorities with regional
equity,and allows for local municipal autonomy and input.
Criteria Description Limited Commission Full Commission Regional Division
Equity
Ability to balance the needs and
perspectives of larger and smaller
municipalities.
Serves the
Public Interest
The degree to which the
integrated transit agency can
make decisions that contribute to
the broader public good and the
region’s aspirations overall,and
informed by public engagement
and input.
Municipal Input
The degree to which local area
municipalities will be able to
provide input into service
planning and delivery decisions,
while also maintaining local
autonomy.
No alignment Little alignment Somewhat aligned Well aligned Strongly alignedPage 152 of 947
Category: Stakeholder Input and Equity
Equity
A transit entity with greater consideration of equity will be able to balance the various
needs and interests across Niagara Region,and can implement decisions that may not
always be the most popular,cost-effective,or well received by a particular community.
83
Model Assessment Rationale
Limited Commission
Due to the Limited Commissions more diverse and LAM-
representative composition it is better suited to take on
broader municipal input into the design of standards and
strive to make them more equitable.
Full Commission
The Full Commission’s independence allows it more
flexibility to effectively apply the standards,however it is
less effective at incorporating a regional focus.
Regional Division
This model can more effectively design standards through a
broader approach to equity, but is less suited to apply the
standards without influence.
The Limited Commission holds a slight advantage in terms of ability to promote equitable
transit service delivery through more diverse and transit-focused decision making,and less
impacted by external influence and political considerations.
Little alignment Somewhat aligned Well aligned Strongly alignedPage 153 of 947
Category: Stakeholder Input and Equity
Serves the Public Interest
The degree to which the integrated transit agency can make decisions that contribute to
the broader public good and the region’s aspirations overall,and informed by public
engagement and input.
84
Model Assessment Rationale
Limited Commission A Commission model, whether Limited or Full, is similarly able to
gather public input on transit services,in a more focused manner
through an emphasis on transit users to inform decision making and
long-term plans.It is recommended that an advisory committee be
considered to ensure that stakeholder input is heard and reflected
within the Commission model.Full Commission
Regional Division
Long term planning for transit should not only consider community,
and the built environment but can influence future decisions made
for the region to align transit and broader community needs.
A Regional Division holds an advantage, as the Region already provides a multitude of
services that are connected to transit planning. Leading practices demonstrate that transit
cannot be viewed as an isolated service,rather it is integrated with other disciplines.
Little alignment Somewhat aligned Well aligned Strongly alignedPage 154 of 947
Category: Stakeholder Input and Equity
Municipal Input
The degree to which local area municipalities will be able to provide input into service
planning and delivery decisions,while also maintaining local autonomy to influence tax
policy related to municipal transit to enhance or increase local service.
85
Model Assessment Rationale
Limited Commission
This model provides LAMs with the greatest degree of input
and influence over transit decision making through Regional
Council and the representative Commission.
Full Commission
The Full Commission model is more independent and
provides flexibility for LAMs to exert local autonomy and
increase local services,but decreases their direct influence
on overall decision making.
Regional Division
A Regional Division leverages existing decision-making
structure and representation within Regional Council to
make decisions regarding transit operations.
Overall,both Commission models allow for comparable degrees of municipal input into
transit-related decisions and autonomy to influence local service,though the Limited
Commission allows for more direct LAM input.
Little alignment Somewhat aligned Well aligned Strongly alignedPage 155 of 947
Model Options, Analysis, and
Recommendation
Summary of Analysis:
Ease of
Implementation
86Page 156 of 947
Summary
87
The complexity associated with transitioning from current state to the integrated transit
entity.
Criteria Description Limited Commission Full Commission Regional Division
Staffing
Resources
Impacts
Degree of suitability of the model
with regards to transferring human
resources to new entity,including
the impact on FTE count.
Labour
Relations
Degree of suitability of the model
with regards to conducting
negotiations and harmonizing
collective agreements.
Legal
Implications
Degree of suitability of the model
with regards to the legal formation
of the new transit entity.
Asset Transfer
Implications
Degree of suitability of the model
with regards to implementing the
Cummings Principle to the
required transfer of assets from
the local municipalities to the new
entity.
No alignment Little alignment Somewhat aligned Well aligned Strongly alignedPage 157 of 947
Category: Ease of Implementation
Staffing Resources Impacts
Degree of suitability of the model with regards to transferring human resources to new
entity,including the impact on FTE count.
88
Model Assessment Rationale
Limited Commission 1
A Limited Commission may require the same or greater investment
in staff resources than a Full Commission in order to handle the
more frequent interactions with Regional Council despite the
natural opportunities for increased utilization of shared services
over a Full Commission.
Full Commission 1 A Full Commission will require greater investment in in-house staff
resources since it will likely duplicate the majority of services that
could otherwise be shared in a Regional Division.
Regional Division 3
A regional division will benefit from shared services in lowering their
dedicated headcount.However,it is unclear what the FTE impact
would be on the divisions responsible for providing the shared
services.
The Regional Division will benefit from shared services opportunities to lower the
headcount over either commission models.However,consideration must be made for the
staffing required in partner divisions that will provide those shared services.
Little alignment Somewhat aligned Well aligned Strongly alignedPage 158 of 947
Category: Ease of Implementation
Labour Relations
Degree of suitability of the model with regards to conducting negotiations and harmonizing
collective agreements.
89
Model Assessment Rationale
Limited Commission 3
While a Limited Commission would be a separate entity and engage
in its own bargaining practices,it is likely that decisions will be
guided by CBA’s already negotiated at other Regional entities.
Full Commission 4
A Full Commission would have full autonomy over its bargaining
agreements with the transit unions across the region,and the
shared understanding of transit operations will benefit negotiations
to a greater degree than other models.
Regional Division 2
A Regional Division will be beholden to negotiations and other
agreements already in place in other Regional entities.Additionally
it is possible that with other bargaining priorities the Region may
not be able to negotiate.
Since a full commission will have the greatest autonomy over its own labour relations,it is
likely that it will be easiest to transition these resources and agreements of the three
proposed models.
Little alignment Somewhat aligned Well aligned Strongly alignedPage 159 of 947
Category: Ease of ImplementationLegal Implications
Degree of suitability of the model with regards to the legal formation of the new transit
entity.
90
Model Assessment Rationale
Limited Commission 2
Both commission models will require an extensive municipal
engagement process in order to change the Municipal Act to form
the Transit Commission.This will likely involve obtaining the Triple-
Majority from local city councils prior to passage at Regional
Council.Only then will the amendment be submitted to the
Province for approval.Establishing an appropriate mechanism for
local municipalities to exercise their autonomy would be critical in
the establishing amendments and how their representation on the
commission is structured.
Full Commission 2
Regional Division 3
A regional division can be established directly by Regional Council
through a bylaw amendment that allows the Region to assume
responsibility of transit services.Negotiating the transfer of transit
assets,liabilities and operating agreements may be met with some
resistance from the local municipalities and establishing appropriate
mechanisms to maintain local autonomy could be challenging.
While the Regional Division will be the most straightforward governance model to
implement,owing to the fact that it should not require amendments to the Municipal Act,
its acceptance by the local municipalities may be contingent on an appropriate
mechanism to ensure their local autonomy over decision-making,particularly as it relates
to their continued inclusion within this entity and the negotiation of asset transfer.
Little alignment Somewhat aligned Well aligned Strongly alignedPage 160 of 947
Category: Ease of Implementation
Asset Transfer Implications
Degree of suitability of the model with regards to implementing the Cummings Principle to
the required transfer of assets from the local municipalities to the new entity.
91
Model Assessment Rationale
Limited Commission 2
With the Limited Commission reporting directly to Regional Council
on an ongoing basis for decision-making,there may be some
concerns with respect to turning over local control of assets to a
commission with less independence.
Full Commission 3
A Full Commission will likely be best positioned to negotiate the
transfer of assets,particularly if sufficient independence is
established from Regional Council, and appropriate local municipal
representation is provided.
Regional Division 1
Since a Regional Division will be managed directly by Regional
Council without ongoing decision-making input from local
municipalities,it is possible that there could be concerns regarding
asset transfer from the local municipalities.
The Full Commission is best suited to accomplish the asset transfer through the
implementation of the Cummings Principle so long as it is established as sufficiently
independent from Regional Council.
Little alignment Somewhat aligned Well aligned Strongly alignedPage 161 of 947
Model Options, Analysis, and
Recommendation
Recommended
Model
92Page 162 of 947
Recommended Model
Summary of Analysis
A side-by-side comparison showing where each model performed best within each evaluation
criteria.Based on the in-depth analysis conducted, the Full Commission ranked higher in most
categories.keholderSta Ease of Governance & Input and l ImpactFinanciaentationImplemOperationsEquityLimited Regional Neutral across Full Commission Criteria Commission Division all models PreferredPreferred Preferred
Authority and Accountability ✔in Driving Change
Agility and Flexibility ✔
Accommodates Future Growth ✔
Public Perception ✔
Lower Cost of Implementation ✔
Operating Costs and ✔Efficiencies
Financial Decision Making ✔
Potential for Ongoing Financial ✔Support
Equity ✔
Serves the Public Interest ✔
Municipal Input ✔
Staffing Resources Impacts ✔
Labour Relations ✔
Legal Implications ✔
Asset Transfer Implications ✔93Page 163 of 947
Recommended Model
Recommendation: Full Commission
o
o
o
o
As the analysis demonstrates, the preferred model and recommendation is the Full Commission.
Full
Commission
o Distinct entity independent
from Regional Council
o Governed by a board of
appointed members,
equitably selected by
Regional Council
o Responsible for all transit
planning and delivery
o Budget allotment approved
by Regional Council
o Makes limited use of
Regional services except
where service sharing does
not impede agility or
independence
Regional
Division
o Division within Niagara
Region’s Public Works
department
o Regional Council remains
the governing body of the
transit division
o Strategic decision making for
Transit Service is directed by
Regional Council
o Integrated into the Regional
administration similar to
other service delivery
departments
94
Limited
Commission
Transit Service is governed
by a regional commission
with representation from
local elected officials.
Commission reports to
Regional Council
Strategic decision making for
Transit Service is directed by
Regional Council
Relies on corporate services
but retains transit-related
services in-house
The Full Commission model brings the right degree of autonomy and flexibility to
innovate, drive growth, and meet the diverse and changing needs of the region.Page 164 of 947
Benefits of the Full Commission
95
Ultimately,the analysis led to the conclusion that the Full Commission is the most suitable
model for Niagara.While many factors went into this recommendation, two of the chief
benefits that made the Full Commission more attractive than other models were:
The Financial Benefits
o The Full Commission will likely have the most cost-
efficient service, in part due to a more streamlined
decision-making process and being restricted to provide
the most effective service within the means previously
defined in the annual budget.
o From a dollars and cents perspective, a Full Commission
is the more costly of the models in terms of
administrative costs, but less costly on a per trip basis
than other models due to a higher utilization of services.
o This is particularly important when looking to the future
and considering what ridership growth may be, and how
services may expand to serve regional needs.
o The Full Commission has the greatest flexibility to make
strategic decisions which drive financial outcomes for
transit services and is best positioned to make regionally-
focused investments in service growth.
The Autonomy of the Full Commission
o The independence of the Full Commission grants it
several advantages that make it the most suitable option
for the growth potential of transit in Niagara.
o With this independence, the Full Commission can remain
more focused solely on transit and is more capable of
formulating its own responses to trends and pressures,
making and owning decisions, and driving necessary
change at a strategic and operational level.
o This governance model is able to move from idea to
action quickly and reprioritize its resources to meet
emerging demands and accommodate growth.
o The autonomy of the Full Commission provides it
advantages with respect to negotiating important
elements such as collective bargaining agreements and
the transfer of assets.
The Full Commission is best suited to grow transit in the region while delivering
the high quality, innovative, and seamless transit services that the citizens of
Niagara deservePage 165 of 947
Risks and Considerations
96
Identifying risks and developing mitigation strategies will be an important consideration for
the implementation of the Commission model.While a more detailed exploration of risks is
contained in the Transition Plan,some important elements to consider include:
Public
Perception
While the launch of an independent entity designed to make regional transit easy and affordable for residents is
likely to be viewed positively in the eyes of the public, the independence of a Full Commission could be a
drawback as well, given that Regional Commissions in Niagara have previously faced accusations related to
transparency and accountability.
It will be particularly important moving forward that the Full Commission build and maintain open
communication and engagement with the public, LAMs, and Regional Council, and continually instill confidence
with these stakeholders through strong service and accountable governance and operations.
Misalignment
with Regional Priorities
With its separation from the Regional structure, there is a risk that a Full Commission will not be aligned with
other Regional priorities and services. This could include initiatives related to poverty reduction, economic
development, environment, accessibility, and more.
Developing strong communication channels and a culture of inter-municipal collaboration, providing regular
updates to Regional and Municipal Councils, and viewing transit as a service to be integrated with other
priorities, rather than isolated, will be critical to ensuring the integrated entity contributes to overall
development of the region.
Complexity of
Integration
Creating a new entity is a complex and challenging undertaking that will require the coordination and support
of many different stakeholders. The implementation of this entity, from preliminary engagement of LAMs, to
passage at a Council level, to the official launch will require significant and dedicated financial and human
resources.
Failure to commit what is needed for implementation could result in delays and overruns. Having the proper
resources in place to launch this entity will be critical for navigating the complex early stages of transition.Page 166 of 947
Model Options, Analysis, and
Recommendation
Organizational and
Governance Structure
Recommendations
97Page 167 of 947
Organizational and Governance Structure Recommendations
Overview
An organizational and governance structure for the new Commission model must be
determined. Listed in this section are recommendations regarding key functional areas to
include in the organizational structure,as well as considerations and a recommended
composition for the Commission governance structure.
o As it relates to the organizational structure,a series of functional areas have been recommended for the
consideration of the Commission.These can be amalgamated or divided as the Commission sees fit,
however it is important to note that the span of control (the number of pillars across the organization)
should complement the size of the organization and preferred leadership structure and encourage cross-
functional collaboration.
o The organizational structure and positions within it (titles and positions shall be determined by the
Commission)should be continually reassessed to ensure that it fits the strategic objectives of the
Commission.
o The proposed composition of the Commission took into consideration different models, and best
practices for good governance,and should be reviewed after 2 to 3 years of operation,by an
independent third party to ensure that the board’s size,composition and skills ensure it is an effective
governing body and achieving the strategic objectives of the Commission.
o Both the organizational and governance structures of the Commission are preliminary and would be
confirmed through the transition and implementation activities,by the Commission.
98Page 168 of 947
Proposed Organizational Structure
99
Outlined below is the proposed organizational structure for the Commission:
Office of the
General
Manager
Corporate
Services Operations Strategy &
Innovation
Board of
Directors
Customer Service
&
Communications Fleet & Facilities
Human Resources &
Labour Relations
Finance
Partnerships &
Stakeholder
Relations
Information Technology
Indicates Potential
Shared Services
Procurement
Legal
Conventional
Transit Service
Delivery
Safety, Security &
Fare Management
Specialized Transit Service Delivery
Transformation
Office
Data & Analytics
Strategy & Service
Planning
Fleet Management
Transit
Technology
Facilities
Management
Customer
Experience Group
Customer Service
Communications
Alternative & On-
Demand Service Delivery
Page 169 of 947
Proposed Governance Structure
100
Outlined below is the overall reporting structure for the proposed governance structure of
the Commission.The CEO or General Manager would report to the board whereas the
Advisory Committee provides non-binding advice to the Commission.
Advisory
Committee
Board of
Directors
CEO/General
Manager
Corporate
Services Operations Strategy &
Innovation
Customer Service
&
Communications Fleet & Facilities Page 170 of 947
Commission Membership Options
101
Membership structure of the Commission may fall on a continuum similar to the one below,
each with its own advantages and challenges.Whereas elected officials are accountable
to the public and represent local municipal interests,skills-based members bring a diverse
set of skills and are less restrained by municipal interests.
Elected members of
Regional Council appointed
to the Commission. Definition
Non-elected representatives, with
skills in public transportation,
finance, strategy, business
operations, legal, etc.
Hybrid
Toronto Transit Commission
London Transit Commission
St. Catharines Transit
Commission
Niagara Parks Commission
Elected Skills
Durham Transit
Edmonton (pending
approval)
MetrolinxExamples
A hybrid governance structure is recommended for Niagara, as it allows a
combination of elected officials and skills-based members to provide guidance
and oversightPage 171 of 947
Membership Recommendations
o
The recommended structure is a hybrid,including elected officials and skill-based members
for effective and balanced governance of the Commission.
A hybrid board governance structure is recommended for Niagara, as it provides a combination of elected
officials and skills-based members.This allows member municipalities to represent local interests and for
elected officials to have stewardship over the resources allocated to the Commission.In addition,skilled
members can fill any gaps in skills or experience particular to the Commission through those who have
experience in the industry or more broadly.
o The proposed governance structure should be reviewed after 2 to 3 years of operation,by an
independent third party to ensure that the board’s size,composition and skills ensure it is an effective
governing body and achieving the strategic objectives of the Commission.
o In recommending the proposed governance body,the size of the body as well as the breakdown of
elected and skilled members was considered.In line with leading practices,a board between 7 and 12
members is recommended for effective and efficient decision making.The proposed composition also
took into consideration the dynamics between elected and skilled members and ensured that there was
an almost even split between the two constituencies of the board for balanced oversight.
o It is recommended that a Nominating Committee of the Regional Council should select the Chair from
among elected officials and the Vice-Chair be selected from among the skilled members for balanced
leadership.
o Alternatively,a larger number of elected representatives of the local area municipalities was considered,
however due to the reporting relationship to Regional Council,it was determined that the voice of
elected members would be well represented.
102
Note: Any previous relationships and governance bodies for transit reporting would cease to exist once the Commission has been
established (i.e. the Linking Niagara Transit Committee, NGTS CAO Working Group and the Inter-Municipal Working Group (IMTWG))Page 172 of 947
Proposed Composition of the Commission
103
Outlined below is the proposed composition of the Commission,which would be appointed
by a Nominating Committee of the Regional Council.
Members of Regional Council
(1)Welland
(1) St. Catharines
(1) Niagara Falls
(2) Niagara Municipalities [Selected amongst representatives of: West Lincoln,
Lincoln, Grimsby, Pelham, Thorold, Niagara on the Lake, Wainfleet, Fort Erie, and Port
Colborne]
Skill-based or Public Members
(4) Skills-based or Public members (appointed/nominated)
Ex-Officio
(1) General Manager (non-voting member)
9 voting membersPage 173 of 947
Membership Criteria
Skills based or Elected Public members of the board would be appointed based on their
qualifications,and their ability to contribute to strategic decision making.
Skills based or Elected Public members of the board shall have executive-level and governance experience
with a range of skills,knowledge,and experience with one or more large organizations.These members may
provide knowledge on several different perspectives including finance, human resources,legal,public transit,
etc.Some criteria that is considered for public members includes, but is not limited to:
o strategic business management;
o financial management, accounting, law, and engineering;
o customer service or marketing management;
o management or planning with a rail or public transit organization, or understanding and/or
experience with transit operations;
o transformative change management;
o formulation and/or management of public-private partnerships;
o capital project/construction management or capital procurement/supply chain management;
o operations and information technology;
o labour relations/industrial safety management; or,
o professional knowledge and working experience of urban sustainability, intersectionality, and
inclusive governance.
104Page 174 of 947
Proposed Advisory Committee
105
In order to incorporate the local and public interests within the region into the decision-
making structure of the Commission,an Advisory Committee is recommended.
Advisory Committee
(12) Niagara region residents
(2)Members of the Accessibility Advisory Committee
(2)Member of a student association from Niagara College and Brock
University
(1)Member of Niagara Chamber of Commerce
(1)General Manager, or designate
o The composition of the Advisory Committee should balance the membership structure of the
Commission and can have input into the policies, procedures and operational concerns
o The Advisory Committee would be supported by Commission, and it is recommended they
meet 1 to 2 times annually, as needed.
o By establishing an advisory body, the Commission will gain insights into current and upcoming
challenges or opportunities and explore these in a thorough way
o It is recommended that a blended approach of broad public consultation and soliciting input
of the advisory committee be employedPage 175 of 947
Model Options, Analysis, and
Recommendation
Summary
106Page 176 of 947
Model Options, Analysis, and Recommendation
Summary
The development and analysis of model options,along with the recommendation of the
Full Commission,represent one of the most significant undertakings of this study.
107
Key
Takeaways Following the completion of the current state review, the jurisdictional
scan, and the development of the future state plan, three potential
governance models were developed.
An analysis of each model option was performed against a range of
evaluation criteria to determine which model was the preferred option for
Niagara.
While all models have the potential to successfully integrate and lead
transit services in Niagara, the Full Commission Model was recommended
as it brings the right balance of autonomy and flexibility to innovate, drive
growth, and meet the diverse and changing needs of the region.
A nine member hybrid governance structure has been recommended as it
allows a combination of elected officials and skills-based members to
provide guidance and oversight of the Commission.Page 177 of 947
Niagara Transit Governance
Study
Transition Planning
108Page 178 of 947
Transition Planning
Introduction
The fifth and final phase of this study involved plotting out the key steps and timelines
required to amalgamate all of the transit systems in the region into the recommended Full
Commission Model.
Planning for Change
Once an integrated transit governance model was identified and recommended for Niagara,the final phase of this project involved
outlining implementation activities*needed to move existing transit services and their supporting resources into this integrated model.In
order to ensure a thorough and feasible transition from the current to future state,a five-phase transition plan was developed that
identified the key milestones and the expected timelines for their completion.
The transition to this integrated system,from preliminary approval all the way through to the new organization taking charge of transit
services in Niagara, is expected to take approximately two years,with additional time then required before new services can be launched.
In fact,a principle in the development of the Transition Plan was to limit service enhancement and growth activities in the first years of
operation. A key learning from the jurisdictional scan was to avoid taking on too many new initiatives early in the life of the Commission
and focus rather on integrating existing services and stabilizing operations over a few years before beginning major projects.
In the following slides,please find a high-level summary of the Transition Plan,which provides an overview of key steps and timelines for
each phase of implementation.This section also ends with a summary of forecasted costs of the transition to the integrated transit system.
*It should be noted that while this Transition Plan recommends activities that need to be carried out, along with their sequencing, the group
tasked with leading the transition will need to validate and refine this,and build-out further levels of detail to guide day-to-day activities.
Current State and
Leading Practices
Future State Transit
Service Plan
Model Options
Development Model Analysis Transition Planning
109Page 179 of 947
Transition Planning
Implementation Phases
Transition activities are divided across five distinct phases of work:
110
Commission
Setup
Service
Launch
Enhancement
Growth2345
Includes activities
leading up to, and
including, a phased
political approval
process that concludes
with the submission of
recommendations to
LAM and Regional
Councils to seek triple-
majority approval to
create the Commission
Integration
Approval
Process 1
This phase of work
encompasses activities
related to the legal
establishment of the
Commission as a
municipal service board
and concludes with the
appointment of
members to the
Commission
This phase includes work
associated with getting
the Commission ready to
take on responsibility for
transit services in the
region, including
establishing policies and
processes, filling key
roles, and negotiating
and executing transfer
agreements
This begins with the
Commission officially
taking on responsibility
for transit services in the
region and key activities
for the first 2 years of
operation to ensure a
smooth transition
This phase includes
longer-term activities
that the Commission
will undertake to
continue developing its
organization and
planning for the future
Approx. 9 Months Approx.2 months Approx.1 Year Year s 1-2 of
Operation
Year 3+ of
Operation
Ongoing Project and Change Management ActivitiesPage 180 of 947
Considerations for Transition Planning
111
Considerations for future-state planning encompassed six primary categories of activities
within the phases of work:
Governance
Key factors for the initial planning include the
development of a governance structure to
manage transition, appointing Commission
members, and providing oversight for major
integration activities.
Service Delivery
Key factors for service delivery
planning include determining transfer
routes, fare structures, and standards
development.
Financial
Key factors for financial planning include the
development of a tax levy plan, insurance,
development charges and budgetary
planning.
Operations
Key factors to consider for operations
include policy development, service
dispatch and control, review of
technology solutions and the
maintenance program.
Legal
Key factors for legal
planning include determining
the appropriate legislative
requirements for the new
integrated agency,
development charges, asset
transfers and contract
management.
Human Resources
Key factors for human resources planning
include the development of an HR plan,
organizational structure design, and union
negotiations. Page 181 of 947
Transition Plan
Implementation
Activities
112Page 182 of 947
1
Phase 1: Integration Approval Process
Integration Approval Process Overview
2
3
4
(Approx. 9 months)
This phase of work includes
all activities leading up to,
and including, a two-phased
political approval process
that includes receiving an in-
principle endorsement on
recommendations, followed
by the refinement of
recommendations and their
submission to LAM and
Regional Councils to seek
triple-majority approval to
create the Commission
113
Seek In-Principle Endorsement
Recommendations will be presented to the LNTC and PW Committees,
and to the LAMs to seek feedback and a preliminary in-principle
endorsement on the creation of the transit Commission
Staff Report and Public Engagement
Conduct public consultations and incorporate feedback received on the
transit governance recommendations and financial model into a staff
report to be submitted to support the decision-making process to
establish the Commission
Municipal Transfer Agreements
Draft agreements with LAMs who currently operate transit to outline
the steps for transferring assets to the Commission from existing
systems,and puts parameters around what transit -related decisions
can be made by the LAMs so as not to impact transit integration or
unfairly impact the residents
Vote to Move Forward with Commission Model
The first step in the legal process involves receiving a triple-majority
vote to create a by-law that grants power for transit services to the
Region so that the Region may then establish the CommissionPage 183 of 947
Oct
Integration Approval Process Timelines
This phase of work begins with the initial LNTC presentation and ends with the triple-majority
vote to move forward with the Commission.
Nov Dec Jan Feb Mar JunMayApr
114
Vote on Commission
Model
Staff Report and Public
Engagement
Seek In-Principle Endorsement
Approximately 9 Months
Municipal Transfer
Agreements
2020 2021
LNTC
Presentation
Triple-Majority
Reached
Page 184 of 947
1
Phase 2: Commission Establishment
Commission Establishment Overview
2
3
(Approx. 2 months)
115
This phase of work
encompasses activities
related to the legal
establishment of the
Commission as a
municipal service board
and concludes with the
appointment of members
to the Commission
Legal Establishment of Commission
Pass a Regional by-law to create a Municipal Service Board (the
Commission)and delegate control and management of transit services
to this board
Setup Governance Infrastructure
Establish policies, procedures, committees, and reporting mechanisms
for the Commission and formalize their oversight responsibilities during
the transition period
Appointment of Commission Members
Appoint individuals who will compose the members of the Commission
based on agreed-upon Commission governance structurePage 185 of 947
Phase 2: Commission Establishment
Commission Establishment Timelines
This phase of work begins with the creation of a municipal service board (the Commission)
and ends with the appointment of Commission members.
Month
2021
Approximately 2 months
Legal Establishment of Commission Commission
Established
Setup Governance Infrastructure
July Aug
116
Appointment of Commission Members
Commissioners Take
on Oversight of
Integration
Page 186 of 947
1
2
Phase 3: Commission Setup
Commission Setup Overview
3
4
5
6
7
8
(Approx. 1 Year)
This phase includes work
associated with getting the
Commission ready to take on
responsibility for transit
services in the region,
including establishing policies
and processes, filling key
roles, negotiating and
executing transfer
agreements
117
Appoint Leadership Team
Identify the Commission’s GM and SLT and confirm the structure of the organization to begin
filling roles
Develop Human Resources Plan and Negotiate with Bargaining Units
Develop a Human Resources and Change Management plan to guide all staff-related activities
to setup Commission and begin negotiations with bargaining units
Fill Functional Roles
Develop job descriptions/postings for functionalpositions and fill roles
Establish OrganizationalInfrastructureand Policies
Develop key business infrastructure,policies,processes,and more required for day-one of
service operations
Inaugural Strategic and BrandingPlans
Undertake strategic and branding plan exercises to guide the work of all staff and leadership
and begin building a unified image for transit in the region
FormalizeWorking Relationships with Partners
Begin development of formal working relationships with key partner organizations,including
LAMs and Regional departments
Development of Transfer Agreements
Formalize agreements between the Commission and existing transit entities detailing how
assets,liabilities, and contracts will be transferred over to the Commission
Transfer Assets,Contracts,and Personnel to Commission
Transfer of transit related assets and liabilities,and personnel,to the Commission from LAMs
and Region to officially take over responsibility for transit in NiagaraPage 187 of 947
Phase 3: Commission Setup
Commission Setup Timelines
This work begins with the appointment of a senior leadership team,involves all work
associated with getting the Commission setup to take on responsibility for transit services in
the region,and ends with the transferring of assets and resources to the Commission.
Month Jun Jul AugSepOct Nov Dec Jan Feb Mar Apr May
1182021
Approximately 1 Year
Appoint Leadership Team
Develop Human Resources Plan and Negotiate with
Bargaining Units
Fill Functional Roles
Establish Organizational Infrastructure and Policies
Inaugural Strategic and Branding Plans
Formalize Working Relationships with
Partners
Development of Transfer Agreements
Transfer Assets, Contracts, and
Personnel to Commission
Commission Takes on
Transit Responsibility
Page 188 of 947
1
2
3
119
Phase 4: Service Launch
Service Launch Overview
(Years 1 and 2 of
Operation)
This begins with the
Commission officially
taking on responsibility
for transit services in the
region and key activities
for the first years of
operation to ensure a
smooth transition
Launch of Transit Services
The responsibility for transit services across Niagara is transferred to
the new Commission,with service levels being maintained while the
existing systems cease operations
Performance Monitoring and Improvement
As the Commission takes on responsibility for transit services,
performance monitoring is undertaken to ensure no interruption to
service occurs. As the Commission stabilizes and the status quo starts
to form,public engagement activities along with minor process and
service enhancements are identified and implemented
Complete Asset Rebranding
Remaining assets will be modified to align with the Commission’s brandPage 189 of 947
Phase 4: Service Launch
Service Launch Timelines
This begins with the Commission officially taking on responsibility for transit services in the
region and key activities for the first 2 years of operation to ensure a smooth transition.
120
Years 1 and 2 of Operation
Launch of
Transit
Services
Performance Monitoring and Improvement
Complete Asset Rebranding
20232022
Q3 2022 Q4 2022 Q2 2023 Q3 2023 Q4 2023 Q1 2024 Q2 2024Q1 2023
2024Page 190 of 947
1
2
3
121
Phase 5: Enhancement and Growth
Enhancement and Growth Overview
(Year 3+ of
Operations)
This phase includes
longer-term activities that
the Commission will
undertake to continue
developing its
organization and planning
for the future
Ongoing Monitoring,Reporting,and Enhancement
The Commission will continue to monitor and report on its successes
and challenges,while continually building ties with the Region and
LAMs to ensure alignment of priorities
Transit Service Planning
A long-term Transit Service Plan will be developed to guide the
improvement and expansion of transit services in the Niagara Region
Long-Term FinancialPlanning
To support the expansion of services,the Commission will develop a
long-term financial plan to maintain and increase funding to support
prioritiesPage 191 of 947
Phase 5: Enhancement and Growth
Enhancement and Growth Timelines
This phase includes longer-term activities that the Commission will undertake to continue
developing its organization and planning for the future.
122
2025 and Onwards
2024
Q2 2024 Q3 2024
Year 3+ of Operations
Ongoing Monitoring, Reporting, and Enhancement
Transit Service Planning
Long-Term Financial Planning
Page 192 of 947
Transition Plan
Transition Costs
123Page 193 of 947
Transition Planning
Funding the Transition
Critical to the successful transition to the integrated transit model,and of particular
relevance given the potentially long-term financial implications of COVID-19,is a clear
understanding of the one-time costs of implementation and clarity on the sources of this
funding.
Although not developed as part of this study,Regional staff are currently developing an initial
funding model for the start-up budget of the Commission,that will strive for a fair and
equitable funding baseline commensurate with the existing baseline services within each
municipality.Following the initial start -up funding, subsequent transit investments are assumed
to be funded through a single regional tax levy.
Upon its completion,this funding model will be provided alongside the recommendations
contained in this report and all subsequent staff reports,so that decision makers have a
comprehensive view of all considerations and implications of integrating transit in Niagara.
The following slides provide an overview of forecasted operating and capital transition costs.
Note:The provincial government recognizes that municipalities have sustained significant
financial pressures as a result of the global pandemic,and in July 2020,announced it has
secured one-time emergency assistance for Ontario’s municipalities,the Safe Restart
Agreement.Niagara Region has been able to secure funding through Phase 1,which is targeted
at relieving immediate transit pressures, with potential for securing ongoing funding support in
a second phase.
124Page 194 of 947
Cost Overview
125
The setup of the Commission includes one-time transition costs, such as branding,
communications, stakeholder engagement,and program management.The types of costs
associated with the transition and operation of the Commission are summarized by phase.
Integration
Approval
Process
Commission
Establishment
Commission
Setup Service Launch Enhancement
Growth
Transition Team &
Planning ✔✔✔
One time start up
costs ✔✔✔
Operational costs
before delivery ✔✔
Steady State of
Operations*✔✔
*Note: Steady state operational costs have not been outlined within the transition plan as they will be determined by the Commission
The cost estimates provided are preliminary estimates provided for planning consideration. Given
the complexity and unknown impact of the global pandemic, there could be fluctuations in these
costs. The estimated total cost of transition is between $3,845,000 -$4,955,000. This includes:
•Capital costs are between $1,670,000 to $2,225,000;
o Capital costs specific to the fare collection system are between $5,000,000 and $7,500,000,
but will be borne regardless of integration
•Operational costs are between $2,175,000 -$2,730,000. Page 195 of 947
Estimated Cost Summary: Capital
126
Transition costs include those one-time capital costs incurred to establish the Commission and
its regular operations. A summary is provided below:
Item
Category
Integration
Approval
Process
Commission
Establish-
ment
Commission
Setup
Service
Launch
Enhancement
& Growth
Estimated
Total Item
Category Cost
Transit System
Branding n/a n/a $400,000 to
$800,000 $200,000 n/a $600,000 to
$1,000,000
Facility and
Office
Improvements
n/a n/a $50,000 to
$100,000 n/a n/a $50,000 to
$100,000
Transit Service
Design n/a n/a $700,000 n/a n/a $700,000
Technology &
Equipment n/a $275,000 to
$325,000
$45,000 to
$100,000 n/a n/a $320,000 to
$425,000
Estimated
Total Phase
Cost
$0 $275,000 to
$325,000
$1,195,000 to
$1,700,000 $200,000 $0 $1,670,000 to
$2,225,000
Page 196 of 947
Fare Collection System
127
The Inter-Municipal Transit Working Group (IMTWG)has requested funding for the fare
collection system through ICIP,the procurement of this system is proceeding in parallel and
required for the success of the new governance structure.
Item
Category
Integration
Approval
Process
Commission
Establish-
ment
Commission
Setup
Service
Launch
Enhancement
& Growth
Estimated
Total Item
Category Cost
Fare Collection
System n/a n/a n/a $5,000,000 to
$7,500,000 n/a $5,000,000 to
$7,500,000
Estimated
Total Phase
Cost
$0 $0 $0 $5,000,000 to
$7,500,000 $0 $5,000,000 to
$7,500,000
Page 197 of 947
Estimated Cost Summary: Operating
128
Operational costs related to the transition have been summarized in the relevant categories
below:
Item
Category
Integration
Approval
Process
Commission
Establish-
ment
Commission
Setup
Service
Launch
Enhancement
& Growth
Estimated
Total Item
Category Cost
Transit
Integration
Team
$250,000 -
$370,000
$40,000 -
$105,000
$650,000 -
$900,000 n/a n/a $940,000 -
$1,375,000
Legal Fees $80,000 -
$120,000
$60,000 -
$100,000 n/a n/a n/a $140,000 -
$220,000
Public
Consultation $10,000 $10,000 $15,000 $150,000 n/a $185,000
Human
Resources n/a n/a $510,000 -
$550,000 $200,000 $200,000 $910,000 -
$950,000
Estimated
Total Phase
Cost
$340,000 -
$500,000
$110,000 -
$215,000
$1,175,000 to
$1,465,000 $350,000 $200,000 $2,175,000 -
$2,730,000
Page 198 of 947
Transition Costs: Year over Year
129
The transition costs for both capital and operating budgets have been provided for the
period 2021 -2024:
Year Cost
Integration
Approval
Process
Commission
Establish-
ment
Commission
Setup
Service
Launch
Enhance-
ment &
Growth
Estimated
Total Cost
Estimated
Total
Annual Cost
2021
Operating $340,000 -
$500,000
$110,000 -
$215,000
$195,000 -
$245,000 n/a n/a $645,000 -
$960,000 $1,185,000 -
$1,585,000
Capital n/a $275,000 -
$325,000
$265,000 -
$300,000 n/a n/a $540,000 -
$625,000
2022
Operating n/a n/a $980,000 -
$1,220,000 $90,000 n/a $1,070,000 -
$1,310,000 $2,150,000 -
$2,860,000
Capital n/a n/a $930,000 -
$1,400,000 $150,000 n/a $1,080,000 -
$1,550,000
2023/
24
Operating n/a n/a n/a $260,000 $200,000 $460,000
$510,000
Capital n/a n/a n/a $50,000 n/a $50,000
Estimated Total
Phase Cost
$340,000 -
$500,000
$385,000 -
$540,000
$2,370,000 -
$3,165,000 $550,000 $200,000 $3,845,000 -
$4,955,000Page 199 of 947
Niagara Transit Governance
Study
In Summary
130Page 200 of 947
Report Wrap-Up
131
Key
Highlights
Research into the benefits and feasibility of an integrated transit system in
Niagara Region has been considered for several years,and has culminated in
this Niagara Transit Governance Study.
A review of the current state of transit in Niagara and a forecast of demand for
transit services over the coming 10 years has shown that there is a significant
opportunity to increase transit usage in Niagara.
To determine how Niagara could best accommodate this future growth,three
potential transit governance model options were developed,each one
reflecting a different approach to integrating transit in the region.
Each potential model was assessed against key evaluation criteria,and
ultimately,an independent Full Commission Model was recommended as it
provides the greatest opportunity for success by bringing the right degree of
autonomy and flexibility to innovate,drive growth,and meet the diverse and
changing needs of Niagara.
In order to create this new Commission,a five-phased Transition Plan has been
developed to guide implementation activities.It is expected that this
Commission will be operational by the end of 2022,and there is opportunity
to take advantage of government funding to support the cost of transition to
the Commission model.Page 201 of 947
There is a Significant Opportunity to Increase Transit Usage in Niagara Region
132
By way of investments and harmonization of services and fares,transit under an
amalgamated system is anticipated to become a more frequently used means of
transportation in the region, with ridership outpacing the status quo.
How?Transi t ridership forecasts indicate a latent demand for inter-municipal transit travel,which can be
capitalized on through improved inter-municipal and connections to GO Transit rail services.
By investing in targeted projects and services to grow the transit mode share throughout the
region,transit ridership region-wide could grow by over 80%by 2031 under an amalgamated
transit service.
It is anticipated that Niagara Region,like its peer jurisdictions will experience a transit mode share
growth of 30%to 130%within ten years of amalgamation.
By 2031,operating costs in the high growth scenario will increase by approximately 55%over the
status quo.
Capital investment of between $70M and $155M between 2021 and 2031 may be required to
address service and demand growth.Provincial Gas Tax revenue could result in up to $50M - $80M
in revenue over the same ten years.Over $70M-worth of near-and mid-term projects have
committed funds from the federal and provincial governments through ICIP.
An integrated single fare is critical to driving ridership growth and could be achieved in a way that
is revenue-neutral if implemented progressively as ridership grows.While an integrated payment
system and harmonized fare structure will be required at the start of service,a single fare region-
wide can be implemented over time.
The COVID-19 pandemic presents an opportunity to look beyond the status quo,bring the transit
systems in Niagara together,and build a new and improved service that takes capitalizes on
current funding programs to see this forecasted ridership growth become a reality.Page 202 of 947
In Summary
A Full Commission Model is Recommended
Analysis shows that a Full Commission model would be most effective:
o Distinct entity independent
from Regional Council
o Governed by a board of
appointed members,
equitably selected by
Regional Council
o Responsible for all transit
planning and delivery
o Budget allotment approved
by Regional Council
o Makes limited use of
Regional services except
where service sharing does
not impede agility or
independence
A.
Limited
Commission
B.
Full
Commission
C.
Regional
Division
o Transit Service is governed by
a regional commission with
representation from local
elected officials.
o Commission reports to
Regional Council
o Strategic decision making for
Transit Service is directed by
Regional Council
o Relies on corporate services
but retains transit-related
services in-house
o Division within Niagara
Region’s Public Works
department
o Regional Council remains
the governing body of the
transit division
o Strategic decision making for
Transit Service is directed by
Regional Council
o Integrated into the Regional
administration similar to
other service delivery
departments
The Full Commission model brings the right degree of autonomy and flexibility to
innovate, drive growth, and meet the diverse and changing needs of the region
133Page 203 of 947
In Summary
Follow a Sequenced Transition Plan
Creating a new entity is a complex and challenging undertaking that will require the
coordination and support of many different stakeholders and will suffer should it lack the
required resources.
134
This phase of work
encompasses activities
related to the legal
establishment of the
Commission as a
municipal service board
and concludes with the
appointment of
members to the
Commission
This phase includes work
associated with getting
with getting the
Commission ready to
take on responsibility for
transit services in the
region, including
establishing policies and
processes, filling key
roles, and negotiating
and initiation of transfer
agreements
This begins with the
Commission officially
taking on responsibility
for transit services in the
region and key activities
for the first 2 years of
operation to ensure a
smooth transition
This phase includes
longer-term activities
that the Commission
will undertake to
continue developing its
organization and
planning for the future
Commission
Setup
Service
Launch
Enhancement
Growth2345
Approx.1 Year Years 1-2 of
Operation
Year 3+ of
Operation
Includes activities
leading up to, and
including, a phased
political approval
process that concludes
with the submission of
recommendations to
LAM and Regional
Councils to seek triple-
majority approval to
create the Commission
Integration
Approval
Process 1
Approx. 9 Months Approx.2 months
The creation of a Regional Transit Commission will be transformative for Niagara, and its
success is dependent on maintaining public and political support while transitioning
services from the LAMs to create an effective regional network.Page 204 of 947
Guiding Principles for Transit
135
To achieve success,the new entity will need to make regionally focused decisions,aligned
to the guiding principles,in order to ensure that growth in ridership,efficiency of operations,
and improved service delivery are realised.
Customer
Driven
Unconventional
Solutions Integrated
Economically
Responsible Fair
Customer
Driven
Unconventional
Solutions Integrated
Economically
Responsible Fair
Adherence to guiding principles will be a fundamental factor in
ensuring the success of the integration and the future of transit in
Niagara for the benefit of all.Page 205 of 947
Page 206 of 947
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
November 23, 2020
CL 22-2020, November 19, 2020
PWC 10-2020, November 10, 2020
PWC-C 44-2020, November 10, 2020
Local Area Municipalities
SENT ELECTRONICALLY
RE: Recommendations for Consideration from the Linking Niagara Transit Committee
held October 21, 2020
Regional Council, at its meeting of November 19, 2020, approved the following
recommendation of its Public Works Committee:
That Correspondence Item PWC-C 44-2020, being a memorandum from A.-M.
Norio, Regional Clerk, dated November 10, 2020, respecting Recommendations
for Consideration from the Linking Niagara Transit Committee meeting held
October 21, 2020, BE RECEIVED and the following recommendations BE
APPROVED:
1. That Report LNTC-C 4-2020 BE FORWARDED to the Clerks of Niagara’s
twelve (12) local area municipalities and that they BE REQUESTED to have
the Council’s of the twelve (12) local area municipalities consider the
resolution outlined in Appendix 1 to Report LNTC-C 4-2020, advising the
Regional Clerk of any municipal feedback, no later than February 28, 2021;
and
2. That Council DIRECT staff to undertake an assessment of the proposed
resolution outlined in Appendix 1 to Report LNTC-C 4-2020 and REPORT
BACK to the Public Works Committee, no later than February 28, 2021,
evaluating the expected impacts to Niagara Region Transit, Niagara
Specialized Transit, Niagara Region Transit OnDemand, and the Regional tax
levy from the proposed resolution.
A copy of Correspondence Item PWC-C 44-2020 and Report LNTC-C 4-2020 is
attached for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:me
CLK-C 2020-209
Page 207 of 947
Administration
1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7
905-980-6000 Toll-free: 1-800-263-7215
MEMORANDUM
PWC-C 44-2020
Subject: Recommendations for Consideration from the Linking Niagara Transit
Committee meeting held October 21, 2020
Date: November 10, 2020
To: Public Works Committee
From: Ann-Marie Norio, Regional Clerk
At its meeting held on October 21, 2020, the Linking Niagara Transit Committee passed
the following motion for consideration by the Public Works Committee:
Minute Item 5.1
LNTC-C 4-2020
Niagara Transit Governance Study
That Report LNTC-C 4-2020, dated October 21, 2020, respecting Niagara Transit
Governance Study, BE RECEIVED and the following recommendations BE
APPROVED:
1. That the Linking Niagara Transit Committee SUPPORTS the Full Commission as the
recommended governance model for the consolidation of Niagara's public transit
system;
2. That Report LNTC-C 4-2020 BE FORWARDED to the Clerks of Niagara’s twelve
(12) local area municipalities and that they BE REQUESTED to have the Council’s
of the twelve (12) local area municipalities consider the resolution outlined in
Appendix 1 to Report LNTC-C 4-2020, advising the Regional Clerk of any municipal
feedback, no later than February 28, 2021; and
3. That Council DIRECT staff to undertake an assessment of the proposed resolution
outlined in Appendix 1 to Report LNTC-C 4-2020 and REPORT BACK to the Public
Works Committee, no later than February 28, 2021, evaluating the expected impacts
to Niagara Region Transit, Niagara Specialized Transit, Niagara Region Transit
OnDemand, and the Regional tax levy from the proposed resolution.
Respectfully submitted and signed by,
_______________________________
Ann-Marie Norio
Regional Clerk
Page 208 of 947
LNTC-C 4-2020
October 21, 2020
Page 1
Subject: Niagara Region Transit Governance Study
Report to: Linking Niagara Transit Committee
Report date: Wednesday, October 21, 2020
Recommendations
1. That the Linking Niagara Transit Committee ENDORSE-IN-PRINCIPLE the
resolution outlined in Appendix 1 to Report LNTC-C 4-2020;
2. That Report LNTC-C 4-2020 BE FORWARDED to the Clerks of Niagara’s twelve
(12) local area municipalities and that they BE REQUESTED to have the Council’s
of the twelve (12) local area municipalities consider the resolution outlined in
Appendix 1 to Report LNTC-C 4-2020, advising the Regional Clerk of the results
including any additional municipal feedback, no later than March 31, 2021; and
3. That Council DIRECT staff to undertake an assessment of the proposed resolution
outlined in Appendix 1 to Report LNTC-C 4-2020 and REPORT BACK to the Public
Works Committee, no later than March 31, 2021, evaluating the expected impacts to
Niagara Region Transit, Niagara Specialized Transit, Niagara Region Transit
OnDemand, and the Regional tax levy from the proposed resolution.
Key Facts
• The purpose of this report is to provide to Council the results of the Niagara Transit
Governance Study (NTGS) and seek the endorsement-in-principle of a Full
Commission as the recommended governance model for Niagara’s consolidated
public transit system.
• There continues to be a strong argument in favour of the consolidation of transit
services throughout Niagara. The ongoing COVID-19 pandemic has demonstrated
the benefits of enhanced levels of coordination and organization between transit
providers. As these providers look to implement recovery plans over the next
number of years, there is an opportunity to align these efforts as part of the future
consolidation of transit services across the region.
• The Full Commission model is recommended as it is expected to result in an
enhanced degree of independence that will support effective decision making, as
Page 209 of 947
LNTC-C 4-2020
October 21, 2020
Page 2
______________________________________________________________________
well as provide more efficient and cost-effective service delivery through being
restricted to funding all operations and unanticipated changes within its annual
budget approved by Council. This recommendation is based on a comparative
analysis of governance models through a series of fifteen (15) evaluation criteria
across four (4) major categories: governance, finance, stakeholder input, and ease
of impleme ntation.
• Subject to the endorsement-in-principle of the Full Commission model by each of the
twelve (12) local area municipalities (LAMs) and Regional Council, feedback and
input received as part of this process will be used to expand and refine the
recommended Full Commission model prior to the initiation of a triple-majority
approval process anticipated in Q2 2021.
• Both a preliminary transition plan as well as an initial funding strategy have been
developed that jointly outline the strategic, financial , and operational milestones
required to transition from the existing independent transit systems to the new
consolidated system. These plans will be expanded and refined through the
approvals process, based on feedback and direction provided by Council and the
twelve (12) LAMs. Based on the preliminary schedule outlined herein, responsibility
for day-to-day service operation would transition to the new entity in late 2022.
Financial Considerations
To realize the consolidation of transit services across Niagara, a funding strategy must
be developed that establishes:
• the baseline or start-up budgets for the Full Commission;
• the manner by which current transit funding provided by municipalities to existing
operations is transitioned to the Commission;
• how one-time start-up and transition costs associated with the establishment of
the Commission will be funded;
• and how transit-related assets currently owned by the local area municipalities
will be transferred.
The recommended financial strategy provides a transition path which allows the Region
to incorporate $3.85 - $4.96 million in transition costs, $27.0 million in existing local
municipal transit service, plan for the expansion of transit service, and ensure all
Page 210 of 947
LNTC-C 4-2020
October 21, 2020
Page 3
______________________________________________________________________
municipalities have equitable transit service prior to the redistribution of local transit
expenditures through a Regional assessment levy.
The proposed strategy allows for a shorter transition time to upload transit costs in
municipalities with minimal local transit service, while concurrently increasing
connections to and service within communities outside St. Catharines, Niagara Falls,
and Welland. The total Regional levy required to upload the existing local transit
services, including transition costs, is 9.5%. The proposed five (5) year local transit
upload transition plan requires an average annual separate Regional levy of 1.4% -
2.0% each year over the five (5) years.
This strategy was developed in consultation with local Area Treasurers and CAOs and
considered variations between municipal transit grants and full regional upload to a
single transit levy. The municipalities with robust transit services were primarily in
favour of moving to a single Regional tax levy; municipalities with little or no transit
service leaned towards a municipal transit grant to support the exiting local transit
service while transit services increased within and to their communities. Conversations
indicated that a phasing out of transit grants or a phasing in of a single transit levy may
provide a favourable path for all municipalities. The proposed funding strategy
incorporates feedback from the LAMs and aims to achieve a fair and equitable transition
to a consolidated entity.
The feedback received through the approvals process, in parallel with continued
dialogue with the Area Treasurers and CAOs, will be used to continue to refine the
funding strategy and arrive at a final recommended strategy in parallel with the future
triple-majority approval of the Commission, expected in Q2 2021.
While the recommended governance model for the new transit entity is technically
independent from an agreed upon financial funding model, the financial strategy will be
used to clearly map how the transition and operation costs associated with the NTGS
will be funded.
Strategy Overview
A range of strategies have been considered to ensure existing, stable, and predictable
levels of transit funding are transferred to the new Commission, representing a variety
of options with regard to grant type, inflationary increases, recognition of existing
administrative costs, and implementation timeframes.
Page 211 of 947
LNTC-C 4-2020
October 21, 2020
Page 4
______________________________________________________________________
In consultation with the aforementioned groups, the proposed funding strategy
recommends that all existing and incremental transit spending will be transferred to the
new Commission, funded through a single Regional tax levy. The strategy includes:
• a two (2) year transition period (fiscal years 2021-2022) during which funding
derived from the levy is primarily applied to the one-time costs associated with
establishing the Commission;
• a transfer implementation period of five (5) years (fiscal years 2023-2027) where
existing municipal transit costs are transferred to the Regional levy; and
• the expansion of transit services, running concurrent with the transfer of existing
service, however finishing in 2032.
Transition costs are anticipated to be funded through a combination of existing budgets
previously established by the Region through its leadership of the governance strategy
and the implementation of the Regional levy as reflected in Figure 1 below.
Local transit costs assumed by the Regional levy would be offset by equivalent
budgetary reductions at the local level, to support the “Fair” guiding principle that total
residential taxpayer impact is minimized using the ‘one-municipal taxpayer approach.
Page 212 of 947
LNTC-C 4-2020
October 21, 2020
Page 5
______________________________________________________________________
Figure 1 - Regional Transit Consolidation Upload Strategy 2021 - 2032
The implementation time period for the offset will vary by municipality. The
recommended funding strategy results in smaller municipalities transferring their transit
budgets over to the new entity within the first two (2) years depending on their current
transit spend, while larger municipalities transition over the full five (5) year transfer
implementation period. The fixed annual municipal transit expenditure and reductions
are outlined in Table 1 and Table 2 below.
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Regional
Separate
Transit Levy
0.00% 0.70%1.40% 1.40% 2.00% 2.00% 2.00%0.40% 0.40% 0.40% 0.40% 0.40%
Page 213 of 947
LNTC-C 4-2020
October 21, 2020
Page 6
______________________________________________________________________
Table 1 - Municipal Transit Expenditure Transition 2023 - 2027
Table 2 - Municipal Annual Budget Reductions 2023 - 2030
Note: base year transit expenditures have not been finalized for conventional and specialized transit services
therefore estimates may fluctuate from estimates above
The transition path proposed by the funding strategy provides an opportunity to increase
service levels or introduce transit services in municipalities where local residents are
otherwise realizing a net increase from the transition to a regional levy. This opportunity
will be provided as the levy funds initially assigned to transition costs are repurposed to
fund service expansion in 2023 and beyond.
This proposed service expansion is intended to ensure that commensurate service
levels exist across municipalities prior to a full upload of existing transit expenditures
onto the Regional levy. Specific service increases will be determined by the initial
strategic service plans developed by the Commission, and following the one (1) to two
(2) year Service Launch phase of the transition plan.
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
St. Catharines 12,275,402 12,275,402 11,675,402 10,675,402 7,116,935 3,558,467 - - - -
Niagara Falls 8,645,833 8,645,833 8,045,833 7,045,833 4,697,222 2,348,611 - - - -
Welland 2,050,898 2,050,898 1,450,898 450,898 300,599 150,299 - - - -
NOTL 497,223 497,223 - - - - - - - -
Port Colborne 127,092 127,092 - - - - - - - -
Pelham 261,156 261,156 - - - - - - - -
Thorold 2,152,143 2,152,143 1,552,143 552,143 368,095 184,048 - - - -
Fort Erie 826,323 826,323 226,323 - - - - - - -
Grimsby 250,000 250,000 - - - - - - - -
Lincoln 265,829 265,829 - - - - - - - -
West Lincoln - - - - - - - - - -
Wainfleet - - - - - - - - - -
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
St. Catharines - (600,000) (1,000,000) (3,558,467) (3,558,467) (3,558,467) - - -
Niagara Falls - (600,000) (1,000,000) (2,348,611) (2,348,611) (2,348,611) - - -
Welland - (600,000) (1,000,000) (150,299) (150,299) (150,299) - - -
NOTL - (497,223) - - - - - - -
Port Colborne - (127,092) - - - - - - -
Pelham - (261,156) - - - - - - -
Thorold - (600,000) (1,000,000) (184,048) (184,048) (184,048) - - -
Fort Erie - (600,000) (226,323) - - - - - -
Grimsby - (250,000) - - - - - - -
Lincoln - (265,829) - - - - - - -
West Lincoln - - - - - - - - -
Wainfleet - - - - - - - - -
Page 214 of 947
LNTC-C 4-2020
October 21, 2020
Page 7
______________________________________________________________________
The net transition of transit expenditures from local Municipal budgets to a Regional
budget results in a redistribution across residential taxpayers as reflected in Figure 2
and Table 3 below.
Figure 2 - Taxpayer Redistribution from Municipal Levy to Regional Levy
Table 3 - Municipal Residential Impact from Transfer to One Regional Levy
2021 2022 2023 2024 2025 2026 2027 2028 2029
St. Catharines 12,275,402 12,275,402 12,791,572 12,863,367 10,887,725 8,912,083 6,936,442 6,936,442 6,936,442
Niagara Falls 8,645,833 8,645,833 8,904,086 8,728,219 7,596,686 6,465,153 5,333,620 5,333,620 5,333,620
Welland 2,050,898 2,050,898 1,805,203 1,145,422 1,497,557 1,849,693 2,201,828 2,201,828 2,201,828
NOTL 497,223 497,223 397,437 779,074 1,342,675 1,906,276 2,469,877 2,469,877 2,469,877
Port Colborne 127,092 127,092 141,282 276,947 477,296 677,646 877,996 877,996 877,996
Pelham 261,156 261,156 202,460 396,871 683,976 971,082 1,258,187 1,258,187 1,258,187
Thorold 2,152,143 2,152,143 1,726,875 894,660 958,397 1,022,133 1,085,870 1,085,870 1,085,870
Fort Erie 826,323 826,323 510,207 556,482 959,054 1,361,626 1,764,198 1,764,198 1,764,198
Grimsby 250,000 250,000 342,421 671,229 1,156,812 1,642,395 2,127,978 2,127,978 2,127,978
Lincoln 265,829 265,829 284,764 558,207 962,027 1,365,848 1,769,668 1,769,668 1,769,668
West Lincoln - - 164,168 321,810 554,616 787,421 1,020,226 1,020,226 1,020,226
Wainfleet - - 81,424 159,611 275,077 390,544 506,010 506,010 506,010
Total 27,351,899 27,351,899 27,351,899 27,351,899 27,351,899 27,351,899 27,351,899 27,351,899 27,351,899
Page 215 of 947
LNTC-C 4-2020
October 21, 2020
Page 8
______________________________________________________________________
The figures presented in this analysis are draft and based on an assumed base
reference year of 2020. The final financial strategy will confirm the base year to be
utilized and actual transit expenditures, in consultation with local municipalities.
Transition Costs
The NTGS provides a range of estimated transition costs which include those costs that
are related to the transition team plus other one time and incremental costs necessary
for transit consolidation. Key activities include the legal establishment of the
Commission, development of initial strategic and branding plans, development of
transfer agreements, and performance monitoring. These one-time costs have been
estimated at a total of $3.85 - $4.96 million over the course of four (4) years from 2021
through 2024, comprised of a combination of both capital and operating costs as
summarized below in Table 4.
Table 4 - Transition Costs
Cost
Category
Integration
Approval
Commission
Establishment
Commission
Setup
Service
Launch
Enhancement
& Growth Category Cost
Capital -- $275,000
to $325,000
$1,195,000
to $1,700,000 $200,000 -- $1,670,000
to $2,225,000
Operating $340,000
to $500,000
$110,000
to $215,000
$1,175,000
to $1,465,000 $350,000 $200,000 $2,175,000
to $2,730,000
Total $340,000
to $500,000
$385,000
to $540,000
$2,370,000
to $3,165,000 $550,000 $200,000 $3,845,000
to $4,955,000
While the transition costs are anticipated to be funded through a combination of existing
budgets previously established, the implementation of the Regional levy as described
above, and future capital budgets, provide a further opportunity to seek support from
senior levels of government to offset these costs through programs such as Phase 2 of
the Provincial government’s Safe Restart program, which specifically identifies new
transit governance structures as an eligible category. Staff will continue to develop the
transition cost funding strategy throughout the approvals process, for inclusion as part
of the final recommended funding model.
Page 216 of 947
LNTC-C 4-2020
October 21, 2020
Page 9
______________________________________________________________________
Asset Transfer and the Cummings Principle
Based on the recommendation from the consultants as part of the peer jurisdictional
review, the CAO W orking Group (established by the Linking Niagara Transit Committee
(LNTC) to oversee and direct the Project Team to deliver the NTGS) has endorsed the
use of applying the Cummings Principle to the future transfer of assets from the local
area municipalities to the new Commission. The premise of the Cummings Principle is
to transfer assets (and related outstanding liabilities), from one municipality to another
with no additional compensation since transferring assets for additional compensation
results in the taxpayer paying twice for the same public asset.
This principle, established through judicial precedent, has been applied for over four (4)
decades in the municipal setting throughout Ontario, as well as in the vast majority of
transit consolidations reviewed as leading practices. The use of the Cummings
Principle is also well aligned to Niagara’s established guiding principle of fairness, which
respects the existing investments made by communities.
Analysis
Background
The completion of the NTGS represents the achievement of the next major milestone in
the multi-year plan for the consolidation of transit services across Niagara region.
This consolidation process was first initiated in 2015 when Niagara’s three major local
transit operating municipalities of St. Catharines, Niagara Falls, and Welland - in
partnership with the Region - formed an inter-municipal transit working group to improve
inter-municipal transit (IMT) service delivery. This working group established a series of
five (5) guiding principles which has continued to inform the process, summarized as:
• Customer Driven - continuously improve the rider experience and provide
seamless connections and routes based on demand;
• Unconventional Solutions - investigate leading-edge technologies and delivery
systems that establish Niagara as an innovator in the transit field;
• Integrated - be seamless with other modes of transportation, promote
interconnectivity with systems that connect Niagara with the GTHA, and evolve
according to overall transportation plans across Niagara;
Page 217 of 947
LNTC-C 4-2020
October 21, 2020
Page 10
______________________________________________________________________
• Economically Responsible - recognize inter-municipal transit is a public service
funded through property taxes, grants, and partial cost recovery through user-
fees, while balancing financial costs with potential ridership and benefits; and
• Fair - respect existing investments made by communities with public transit and
existing service levels, and provide a basic level of services that can be
accessed by as many Niagara residents as possible.
Since the establishment of the Guiding Principles, a series of further milestones have
advanced work towards a consolidated transit system for Niagara:
• the Niagara Transit Service Delivery and Governance Strategy Report (known as
the Dillon Report, 2017) identified several recommendations for service
improvements and the following steps with respect to transit governance:
approve a consolidated transit model; obtain triple majority for the recommended
model; develop a consolidated transit model implementation plan; and implement
an IMT service strategy;
o as part of the IMT service strategy, the Region achieved triple-majority
approval in 2017 to operate and deliver inter-municipal transit trips
operating as Niagara Region Transit (NRT);
• The triple majority process also established the LNTC, composed of
representatives from local and Regional councils and senior staff, to guide the
overall IMT consolidation strategy. The mandate of the LNTC was to lead the
harmonization and integration of operational and policy regimes of the existing
transit properties, as well as advance a consolidated governance model. Through
the LNTC, Niagara’s four (4) major transit operators entered into a Memorandum
of Understanding (MOU) in 2017 that, in principle, endorsed the creation of a
consolidated transit system and outlined a governance framework based on the
recommendations from the Niagara Transit Service Delivery and Governance
Strategy Report;
• The Inter-municipal Transit Working Group (IMTWG), composed of transit staff
from all twelve (12) municipalities together with the Region, was established to
support the direction of the LNTC. Since its inception, the IMTWG has worked to
harmonize, integrate and set the operational and policy foundation for a
consolidated transit entity, reporting on all of its key deliverables to the LNTC;
Page 218 of 947
LNTC-C 4-2020
October 21, 2020
Page 11
______________________________________________________________________
• With considerable policy and operational consolidation achieved, in 2019 the
LNTC directed accelerated timelines for developing the consolidated transit
governance model, directing the creation of a team of CAOs (the CAO Working
Group) to oversee the evaluation and recommendation of a preferred model.
The NTGS and the findings presented in this report represent the outcome of this
direction provided by LTNC and the CAO Working Group, and sets out the next steps
required to realize the implementation of a consolidated transit system for Niagara.
This report represents the initiation of the approvals process for adoption of the
governance model, first seeking endorsement-in-principle of the Full Commission in
advance of a future triple-majority approval vote. Should that vote be achieved, a
transition period will take place during which the Commission will be set up and
established while local transit service operation will remain with the existing entities.
Based on the preliminary transition plan, the Commission would be established in Q3
2021 and assume responsibility for operations in Q3 2022.
The Case for Consolidation
The consolidation of transit services across Niagara has the strong potential to deliver a
compelling series of economic, social, and mobility benefits to the residents and
businesses of Niagara. A consolidated transit Commission is best positioned to deliver
these benefits by bringing a scale and flexibility to transit that will:
• foster the consolidation of transit service across the region; in particular
enhancing cross-boundary mobility for riders. The future state analysis
completed as part of the NTGS identifies the future growth of transit in Niagara is
closely linked with a latent demand for inter-municipal trips. While the recent
impacts of COVID-19 have impacted current transit ridership levels, with long-
term investment in targeted projects and services to grow the transit mode share
throughout Niagara, transit ridership region-wide could grow by over 80% by
2031. This growth is only achievable through a consolidated and strategic region-
wide approach;
• continue to support the expansion and connectivity of GO Transit service to the
region, further enhancing the introductory levels of GO Train service, in addition
to the high performing GO Transit Route 12 bus connections to neighbouring
regions. For many commuters, the provision of local and regional transit
Page 219 of 947
LNTC-C 4-2020
October 21, 2020
Page 12
______________________________________________________________________
connections to GO stations is a critical link in their daily journey that must be
enhanced through the seamless integration of these services;
• be able to quickly react to emerging transit technology, innovations, and
philosophies including mobility-as-a-service and micro-transit. These
developments represent an opportunity for Niagara to meet the wide variety of
transit needs across the region that are less well served by the current system,
through programs such as the recently launched Niagara Region Transit
OnDemand (NRTOD) pilot program;
• facilitate economic development and investment through greater access to jobs
and services both in Niagara and the GTHA. Providing convenient and seamless
transit connections will enhance the ability of Niagara residents to access
businesses in adjacent municipalities/regions, allow businesses to attract new
customers and employees, and enhance the ability of visitors and tourists to
explore all corners of Niagara;
• advance the mandate from Niagara’s Heads of Council to Area CAOs, in
response to the Provincial government’s Governance Review, to pursue shared
services between and among municipalities to better serve Niagara residents;
and
• contribute to a high quality of life for Niagara residents and support community
development through an enhanced ability of residents to choose sustainable (an
increased shift to transit means Greenhouse Gas emissions are reduced, less
vehicle congestions occurs, and travel time savings occurs), seamless,
convenient, and connected mobility options. Transit is a significant contributing
factor to the social determinants of health, enabling residents to have equitable
access to the community and furthering their socio-economic wellbeing.
While the potential benefits outlined above have supported the ongoing development of
a consolidated transit approach since the original adoption of the Guiding Principles in
2015, more recent developments in regards to transit in Niagara have only further
enhanced the need for a consolidated transit system. The global COVID-19 pandemic
has substantially affected all aspects of life for Niagara residents, including the use of
public transit.
Page 220 of 947
LNTC-C 4-2020
October 21, 2020
Page 13
______________________________________________________________________
The ongoing pandemic has demonstrated the need for and benefits of enhanced levels
of coordination and organization between transit providers across the region. As the
early days of the pandemic unfolded, significant effort was undertaken via the IMTWG
to ensure all transit agencies were unified, aligned and coordinated with the rapidly
evolving changes to service levels, fare policy, cleaning protocols, and other operational
and strategic changes necessary to effectively respond to the pandemic on behalf of
Niagara’s residents and transit users.
As Niagara’s transit providers continue to monitor the changing environment and
implement independent recovery plans over the next number of years, there is an
opportunity to align these efforts as part of the future consolidation of transit services
across the region. This alignment will ensure that the future state of transit service
delivery across the region provides a consistent approach to recovery that is also well
positioned to rapidly respond to the continually changing transit environment.
This approach is also closely aligned with the opportunity to seek COVID-19 recovery
support from senior levels of government related to both operational needs and with
regards to the one-time transition costs associated with consolidation. Under the
Provincial governments’ Safe Restart Agreement, municipalities and municipal transit
systems are eligible to receive funding to address financial pressures associated with
COVID-19. Recent direction provided with regards to Phase 2 of this program has
identified fare integration and the consideration of new governance structures as among
the key eligibility requirements for potential funding.
Niagara Transit Governance Study Process
The purpose of the NTGS was to build from the conclusions of the Niagara Transit
Service Delivery and Governance Strategy Report and take the next steps in the
consolidation process to determine which transit governance model would be best
positioned to deliver the potential benefits of a consolidated transit entity. The analysis
has lead to a Full Commission model being the recommended governance structure.
Under direction provided by the LNTC and the CAO Working Group, a consulting
assignment (completed by Optimus SBR Inc. /Left Turn Right Turn Ltd.) was
undertaken to evaluate and recommend a preferred transit model for Niagara (seen in
Figure 3). The NTGS consisted of five (5) project stages, each of which built upon and
advanced the work and key findings of earlier elements:
Page 221 of 947
LNTC-C 4-2020
October 21, 2020
Page 14
______________________________________________________________________
Figure 3 - Niagara Transit Governance Strategy Process
• Current State and Jurisdictional Scan Report - To understand the Niagara
context, an analysis of the current state of operations of the various transit
entities in Niagara was completed. Key results identified included the disparity of
services across the region between smaller and larger municipalities and the
associated financial contributions.
• Future State Service Plan – a forecast of different growth scenarios for transit
ridership in Niagara was completed, which outlined the potential costs and
revenues associated with those forecasts. Transit ridership forecasts indicate a
latent demand for inter-regional transit travel. As a result, transit ridership growth
across the region is driven by improved inter-regional transit trips.
• Model Options Report – Three candidate governance models were identified:
Limited Commission, Full Commission, and Regional Division. An evaluation
framework was developed that consisted of a series of fifteen (15) evaluation
criteria across four (4) major categories: Governance, Finance, Stakeholder
Input, and Ease of Implementation.
• Recommendation Selection and Model Analysis – The analysis of each of the
candidate models against the selected criteria led to the conclusion that the Full
Commission is the most suitable model for Niagara.
While many factors went into this recommendation, two of the primary benefits
that made the Full Commission more attractive than other models were the
greater autonomy offered in transit-focused decision making, and the
determination that it will likely lead to the most cost-efficient service, best able to
manage future transit growth in Niagara.
Page 222 of 947
LNTC-C 4-2020
October 21, 2020
Page 15
______________________________________________________________________
• Transition Plan - The transition plan provides a “roadmap” for the establishment
of a new transit organization, across a series of five (5) phases: Integration,
Commission Establishment, Commission Setup, Service Launch, and
Enhancement and Growth. Based on the preliminary schedule contained herein,
responsibility for day-to-day service operation would transition to the new entity in
late 2022.
The final NTGS consultants’ report is provided as Appendix 2 to this report, which
provides additional detail and discussion of the key findings from each of the five (5)
project stage reports.
Consultation and Engagement
The project team engaged with a wide variety of stakeholders throughout the
development of the NTGS to gather insights and perspectives about the current state of
transit services and key considerations for a consolidated system. Consulted
stakeholders included: current transit operators in Niagara, Chambers of Commerce,
the Region’s Accessibility Advisory Committee, post-secondary institutions, the
Amalgamated Transit Unions, and senior public officials such as the Area CAOs and
Treasurers. Input received through these consultations was used to inform the overall
development of the NTGS, with a particular focus on ensuring the evaluation framework
captured the wide range of perspectives on transit throughout the region.
Full Commission Recommendation and Analysis
Benefits of the Full Commission
The Full Commission model is recommended on the basis that it is best suited for the
Niagara context, providing the desired ability to deliver on the customer focused,
innovative, integrated, economical, and fairness requirements for governance first
articulated as part of the project’s Guiding Principles.
While the Full Commission model performed well across a strong majority of the criteria,
two (2) of the primary benefits that established the Full Commission model as the
preferred alternative were:
• Autonomy of the Full Commission - The independence of the Full Commission
grants it several advantages that make it the most suitable option for the growth
potential of transit in Niagara.
o With this independence, the Full Commission can remain more strongly
and singularly focused on transit and is more capable of formulating its
Page 223 of 947
LNTC-C 4-2020
October 21, 2020
Page 16
______________________________________________________________________
own responses to trends and pressures, making and owning decisions,
and driving necessary change at a strategic and operational level.
o This governance model is able to move from idea to action quickly and
reprioritize its resources to meet emerging demands and accommodate
growth; and
o The autonomy of the Full Commission provides advantages with respect
to negotiating important elements such as collective bargaining
agreements and the transfer of assets.
• Financial Benefits - The Full Commission is expect to result in the most cost-
efficient service, in part due to a more streamlined decision-making process and
being restricted to provide the most effective service within its defined annual
budget.
o From a dollars and cents perspective, a Full Commission is the more
costly of the models in terms of administrative costs, but less costly on a
per trip basis than other models due to a higher utilization of services
realized through the outputs achieved via the autonomy of the
Commission. This is particularly important as we look to the future and
consider what ridership growth in Niagara could look like, and how
services may expand to serve regional needs.
o The Full Commission has the greatest flexibility to make strategic
decisions which drive financial outcomes for transit services and is best
positioned to make regionally-focused investments in service growth.
The evaluation process and how the full commission performed against each of the
criteria is summarized in Table 5 below and is discussed in greater detail as part of the
full NTGS report found in Appendix 2.
Page 224 of 947
LNTC-C 4-2020
October 21, 2020
Page 17
______________________________________________________________________
Table 5 - Summary of Analysis
Criteria
Neutral
across all
models
Limited
Commission
Preferred
Full
Commission
Preferred
Regional
Division
Preferred Governance & Operations Authority and
Accountability
in Driving Change
✔
Agility and Flexibility ✔
Accommodates Future
Growth ✔
Public Perception ✔ Financial Impact Lower Cost of
Implementation ✔
Operating Costs and
Efficiencies ✔
Financial Decision
Making ✔
Potential for Ongoing
Financial Support ✔ Stakeholder Input and Equity Equity ✔
Serves the Public
Interest ✔
Municipal Input ✔ Ease of Implementation Staffing Resources
Impacts ✔
Labour Relations ✔
Legal Implications ✔
Asset Transfer
Implications ✔
Nature and Composition of the Full Commission
Following the determination of the Full Commission as the preferred model for Niagara,
further work was completed to define the nature of the Commission to be established. A
Page 225 of 947
LNTC-C 4-2020
October 21, 2020
Page 18
______________________________________________________________________
number of these characteristics have been identified as part of the proposed resolution
outlined in Appendix 1 of this report, which seeks the endorsement-in-principle of the
governance model.
This overall governance structure of the Commission will be refined through the
approvals process and subsequent transition plan. The Regional by-law that will be
passed as part of the triple-majority process will establish and confirm the composition
of the Board and the governance relationship between the new Commission and
Regional Council, including the processes for budgetary oversight and reporting to
Council.
The Board of Directors of the Commission, when established, will make the final
determination as to numerous elements of its internal structure (along with the
CEO/General Manager), such as its initial functional organizational structure and
reporting relationships.
Key characteristics of the recommended Commission structure include:
• A Board of Directors established using a hybrid governance model that would
include membership comprised of a total of five (5) elected members of Regional
Council appointed to the Commission as well as four (4) non-elected skills-based
representatives with expertise in key areas such as transit operations, finance,
and business operations. These nine (9) voting members would be joined on the
board by the CEO/General Manager of the Commission as a non-voting ex-
officio member.
This hybrid-governance structure and Board composition was recommended for
Niagara as it provides the necessary blend of accountability to the public and
representation of local municipal interests, delivered by the elected
representatives, and the technical and transit operation expertise required to
support efficient transit operations through the skills-based members. A nine (9)
member board has been recommended as the appropriate balance between
providing the necessary geographic representation across Niagara with
supporting efficient-decision making. A nine (9) member board is in line with
leading practices and the Boards of peer jurisdictions.
• An Advisory Committee would be established to incorporate local and public
interests within the region into the decision-mak ing structure of the Commission.
This body would meet 1-2 times annually, or as needed, to present non-binding
advice to the Board of Directors and provide an ongoing opportunity for
Page 226 of 947
LNTC-C 4-2020
October 21, 2020
Page 19
______________________________________________________________________
stakeholder input and engagement. Membership is recommended to be
comprised of a variety of stakeholders including members of the public, members
of the Accessibility Advisory Committee, representatives of post-secondary
institutions, and the Niagara Chambers of Commerce.
• The proposed reporting structure of the organization would see a total of five (5)
functional groups under the CEO/General Manager: Customer Service &
Communications, Corporate Services, Operations, Strategy & Innovation, and
Fleet & Facilities. Within the Corporate Services group there would be an
opportunity to establish a number of intended shared-services relationships with
existing Niagara Region corporate resources in areas such as finance,
information technology, human resources, legal, and procurement.
• The Commission will assume all existing employees, vendors, contracts, and
collective bargaining agreements currently held by existing local transit
authorities, in accordance with the Municipal Act or Labour Relations Act as is
appropriate. As existing contracts and collective agreements conclude, the
Commission will assume responsibility for negotiating continuations or new
agreements.
Approval Framework
In order to proceed with the establishment of the Commission, legally known as a
Municipal Services Board, and ultimately the consolidation of transit services in Niagara,
a series of Regional Council and LAM approvals are required. Should Council approve
the recommendations of this report, it will represent the first step of a proposed two-
phase approval and engagement framework.
This framework has been developed with a focus on providing political decision making
bodies across Niagara the necessary opportunities to provide informed feedback on the
recommended governance and financial models and for them to be refined accordingly.
Phase 2 of this process is a final triple-majority approval, scheduled for Q2 2021 which
identifies, addresses, or incorporates the feedback received through Phase 1. The
Phase 2 approval will also provide the necessary legal by-law authorities to proceed
with the creation of the Commission as a Municipal Services Board.
Phase 1 Approvals
Phase 1 of the approvals framework (shown below in Figure 4) seeks the endorsement-
in-principle of the recommended Commission governance model and the parallel
Page 227 of 947
LNTC-C 4-2020
October 21, 2020
Page 20
______________________________________________________________________
financial strategy. This process, initiated by this report, first seeks endorsement-in-
principle from LNTC, which has had primary oversight of consolidation process to date.
Figure 4 - Phase 1 Approvals Process
Subject to the endorsement of LTNC, a similar endorsement-in-principle will be sought
from each of the LAMs through Q4 2020 and Q1 2021. To facilitate this outreach
procedurally, Niagara Region’s Public Works Committee (PWC) and Council will be
required approve the minutes of the LTNC meeting.
Each municipality will be asked to endorse-in-principle the resolution in Attachment 1 of
this report, which outlines the key features of the Commission governance structure and
financial strategy, including the transfer of assets, people and obligations, transition to a
single regional levy, and maintenance of service levels for a defined period. As part of
this consideration, each municipality will be also asked to provide any additional
feedback on the recommended Full Commission governance model and the financial
strategy by March 31, 2021.
In parallel with the LAM considerations, Regional staff will undertake an analysis of
considerations specific to the Region, including an assessment of the Regional levy
impacts and the implications to the existing transit operations of Niagara Region Transit
(NRT), Niagara Specialized Transit (NST), and Niagara Region Transit OnDemand
Page 228 of 947
LNTC-C 4-2020
October 21, 2020
Page 21
______________________________________________________________________
(NRTOD). This assessment will be returned to the Public Works Committee for
consideration prior to March 31, 2021.
Phase 2 Approvals
Phase 2 of the approval framework (seen below in Figure 5) commences in Q2 2021
and focuses obtaining formal triple-majority approval of the governance model, the
authorities required to proceed with the creation of the Commission, and the formal
adoption of the recommended financial strategy. To achieve these objectives, a second
staff report and series of recommendations will be brought to Council, reflecting the
Phase 1 input on the recommended governance and financial models received from the
LAMs and through the Regional assessment.
Figure 5 - Phase 2 Approvals Process
As part of Phase 2, a series of Municipal Transfer Agreements (MTAs) will be
negotiated that outline the roles of the Region and each of the LAMs that currently
operate transit services as the consolidation process unfolds, focused on how assets
will be transferred and how transit-related decisions are made during the transitional
period.
Page 229 of 947
LNTC-C 4-2020
October 21, 2020
Page 22
______________________________________________________________________
With the Cummings Principle as a foundation for asset transfer, MTAs will act as the
mechanism through which local municipal partners enter the new Commission. They will
outline the use and transfer of assets in their community (i.e. new fleet), continuance of
existing capital projects and expenditures, debentures and debt financing, etc., giving
Councils and transit providers opportunity to ensure consistency in the first (5) years of
operation under the new Commission.
These MTAs will be appended to the final report for approval of the Region and the
Council of each respective LAM that currently operates transit services. Additional detail
regarding the MTAs is included in Appendix 2 as part of the Transition Plan discussion.
A consulting assignment will be undertaken to support Regional staff in the
development of the MTAs, given the unique expertise requirements in the areas of the
transition of transit operations, legal, and human resources. This assignment is included
as part of the transition plan discussed below, covering activities through Phases 1 and
2 of the plan. Funding will be provided through available budgets previously approved
for transit governance consulting services.
Considerations Regarding Triple Majority Approval
A triple-majority approval process must be undertaken to transfer the authorities
necessary for the Commission to assume responsibility for the delivery of transit
services across the region.
Currently Niagara Region holds the authority to operate inter-municipal specialized
transit and conventional inter-municipal transit, the latter of which the result of previous
triple-majority approvals obtained as part of the establishment of NRT. This previous
authority does not extend to the operation of intra-municipal trips which currently resides
with the municipalities responsible for local transit services under the Municipal Act.
The authorities required for the Commission to operate transit services in the region will
be sought in the form of a by-law as part of the second phase of approvals. This by-law
will represent the formal consent of the Region and local area municipalities to proceed
with the creation of the new Commission.
The Commission will be established as a Municipal Services Board through the
Municipal Act, 2001. The by-law will further establish the exclusivity of the Commission
to operate public transit within Regional boundaries (excluding WEGO and GO Transit).
Appendix 3 provides a detailed legal overview of the current authorities held by Niagara
Region and the amendments necessary to facilitate the transfer of powers that will allow
Page 230 of 947
LNTC-C 4-2020
October 21, 2020
Page 23
______________________________________________________________________
the new Municipal Services Board, operating as a Commission, to deliver services in
Niagara.
Transition Plan
Bringing a new organization into existence and successfully consolidating transit
services across the region will require a comprehensive series of preparatory activities
across a number of categories including governance, service delivery, finance, human
resources, legal, and operations. A preliminary transition plan has been developed to
outline the scope, sequence, and resourcing requirements associated with undertaking
these activities and to serve as a ‘roadmap’ for the establishment of the Commission.
The preliminary transition plan that has been developed is spread across as series of
five (5) phases, which each culminate in a key project milestone, summarized below.
Appendix 2 provides additional detail and discussion, including an overview of the key
sub-tasks that compromise each of the phases.
• Phase 1 – Integration Approval Process – this phase of the transition plan
includes the activities leading up to and including the two-phased approval
process detailed in the “Approvals Framework” section of this report. This phase
concludes with obtaining triple-majority approval of the governance model and
authority to establish the Commission, scheduled for the end of Q2 2021.
• Phase 2 – Establish Commission – following the triple-majority approval, a two-
month phase of work will be undertaken focused on executing the direction of
Council and undertaking the tasks necessary to establish the Commission as a
legal entity. This phase of work concludes with the appointment of
representatives to the Commission’s Board, and the assumption of responsibility
for the strategic direction of the consolidation and transition process.
• Phase 3 – Commission Setup – this phase of work encompasses all of the
activities required to prepare the Commission for the assumption of day-to-day
operations of all transit operations throughout Niagara. This will include tasks
such as the appointment of the staff leadership team and filling of functional roles
through the organization, development of strategic plans and policies, negotiation
with relevant bargaining units, and the transfer of assets and contracts to the new
Commission. This process is anticipated to take approximately one year, from Q3
2021 through Q2 2022.
Page 231 of 947
LNTC-C 4-2020
October 21, 2020
Page 24
______________________________________________________________________
• Phase 4 – Service Launch – responsibility for day-to-day operations would
transfer to the new Commission at the start of this phase, anticipated for Q3
2022. Existing service levels at the time of transfer will be maintained for a
defined period (approximately 1-2 years, subject to MTAs) to ensure the smooth
transfer of operations to the Commission.
• Phase 5 – Enhancement and Growth – having successfully assumed
responsibility for operations, the Commission will look to the continued
development of the organization and opportunities to improve and expand transit
services across the region.
This preliminary plan will continue to develop throughout the approvals process as
feedback provided through the Phase 1 LAM engagement is reflected. As the
Commission is established and it assumes responsibility for setup activities (Phase 3
below), this plan will need to be validated and adjusted as required to guide day-to-day
transition activities.
Alternatives Reviewed
In order to arrive at the recommended governance model for the integration of transit
services in Niagara, based on the peer jurisdictional review, the consultants identified
and considered three (3) potential candidate models:
• Limited Commission – where transit service is governed by a Regional
Commission with representation from local area municipality elected officials with
regards to operational matters, with strategic decision making directed by
Regional Council
• Full Commission – a distinct entity independent from Regional Council
governed by a board of appointed members, equitably selected by Regional
Council, and responsible for all transit planning and delivery
• Regional Division – within the Region’s Public Works department where
Regional Council remains the governing body of the transit division and is
integrated into the Regional administration similar to other service delivery
departments
An overview of the model options that were considered as part of the NTGS is provided
as part of Appendix 2.
Page 232 of 947
LNTC-C 4-2020
October 21, 2020
Page 25
______________________________________________________________________
The three (3) candidate models were assessed by the means of an evaluation
framework developed that would encapsulate the wide variety of interests, criteria, and
perspectives that can be applied to transit. Special consideration was given to how the
evaluation framework reflected the Guiding Principles set out at the initiation of the
project, the ability to ensure fiscal responsibility, and how the governance model would
deliver on the opportunity for future growth.
On this basis, a series of fifteen (15) detailed evaluation criteria were selected, across
four (4) major categories: Governance and Operations, Financial Impact, Stakeholder
Input and Equity, and Ease of Implementation. Each of the fifteen (15) evaluation
criteria were evaluated using the ‘Harvey Ball’ method, which provides a relative rating
reflecting the degree to which the candidate model is in alignment with the
characteristics and objectives of the criteria.
An overview and detailed discussion of how each of the models were evaluated against
the criteria is provided in Appendix 2.
During the development of the evaluation framework, consideration was given different
criteria weighting scenarios to consider the impact that placing an enhanced level of
importance on selected criteria may have on the final recommendation. However in all
weighting systems considered there was no impact to the resulting preference of a Full
Commission model.
Relationship to Council Strategic Priorities
The Niagara Transit Governance Strategy and the proposed consolidation of transit
services across Niagara into a consolidated transit entity directly aligns with the Council
Strategic Priority: Responsible Growth and Infrastructure Planning (Objective 3.1)
through advancing regional transit and facilitating the movement of people and goods.
Other Pertinent Reports
CAO 8-2017 Niagara Region’s Transit Service Delivery and Governance
Strategy
LNTC-C 21-2018 Inter-Municipal Transit (IMT) Service Implementation Strategy
Page 233 of 947
LNTC-C 4-2020
October 21, 2020
Page 26
______________________________________________________________________
________________________________
Prepared by:
Matt Robinson
Director, GO Implementation Office
_______________________________
Recommended by:
Bruce Zvaniga
Acting Commissioner
Public Works
________________________________
Submitted by:
Ron Tripp, P.Eng.
Acting Chief Administrative Officer
This report was prepared in consultation with Scott Fraser, Transportation Lead - GO
Implementation Office; Heather Talbot, Financial & Special Projects Consultant –
Financial Management and Planning; and the NTGS CAO Working Group comprised of
the CAOs from St. Catharines, Welland, Niagara Falls, Lincoln, and Niagara Region;
and reviewed by Sterling Wood, Legal Counsel; Helen Chamberlain, Director, Financial
Management & Planning/Deputy Treasurer; Todd Harrison, Commissioner of Corporate
Services/Treasurer.
Appendices
Appendix 1 Resolution for Endorsement-in-Principle
Appendix 2 Niagara Transit Governance Review – Final Report
Appendix 3 Legal Review of Niagara Region’s Role in Public Transit
Page 234 of 947
Appendix 1 – Resolution for Endorsement in Principle
WHEREAS, a Full Commission model as described in Appendix 2 to Report LNTC-
C 4-2020, and to be established as a Municipal Services Board of the Region in
accordance with Municipal Act, 2001, has been recommended as the preferred
governance model for the consolidation of Niagara’s public transit system;
AND WHEREAS, the Cummings Principle, enacted through as series of Municipal
Transfer Agreements, will be used to guide the transfer, use of, and access to
assets and facilities from existing local area municipalities to the Commission;
AND WHEREAS, all existing employees, vendors, contracts, and collective
bargaining agreements will be transferred to or assumed by the Commission, in
accordance with the Municipal Act, 2001 or Labour Relations Act, 1995;
AND WHEREAS, a minimum of 2021 transit service hours in local area
municipalities will be maintained for a period of five (5) years from the assumption
of delivery of service by the Commission, unless oth erwise agreed to by the local
area municipality;
AND WHEREAS, all existing and incremental transit spending will be transferred to
the new Commission, funded through a single Regional tax levy to be enacted over
a transfer implementation period of five fiscal (5) years as described in Report
LNTC-C 4-2020;
AND WHEREAS, to achieve a net-neutral impact to the regional taxpayer, local
transit costs assumed by the Regional tax levy will be offset by equivalent
budgetary reductions by the local area municipality;
AND WHEREAS, funding previously committed under inter-governmental programs
such as the Investing in Canada Infrastructure Program (ICIP) will be maintained
and used within the receiving municipality;
AND WHEREAS, support will be sought from senior levels of government for the
one-time transition costs associated with consolidation under programs such as the
Provincial governments’ Safe Restart Agreement;
AND WHEREAS, an integrated single regional fare will be established by the
Commission within five (5) years of the assumption of delivery of service by the
Commission;
LNTC-C 4-2020
Appendix 1
Page 235 of 947
BE IT RESOLVED THAT Council endorse, in principle, the Full Commission as the
recommended governance model for he consolidation of Niagara’s public transit
system.
LNTC-C 4-2020
Appendix 1
Page 236 of 947
Niagara Transit
Governance
Study
Final Report
October 2, 2020
LNTC-C 4-2020
Appendix 2
Page 237 of 947
Contents
1.Executive Summary
2.Full Report
1.Introduction
2.Current State & Leading Practices
3.Future State Transit Service Plan
4.Model Options, Analysis, and
Recommendation
5.Transition Planning
6.In Summary
Niagara Transit
Governance Study
Final Report
LNTC-C 4-2020
Appendix 2
Page 238 of 947
Introduction
Purpose of this Document
o In 2019,the consulting firms of Optimus SBR and Left Turn,Right Turn (LRTR),were retained
by the Region of Niagara,in partnership with the region’s local area municipalities,to
undertake a study of different integrated transit governance models and recommend the
best path forward to ensure that the present and future transit needs of the region can be
met.
o This document is the Final Report of the study undertaken (the Niagara Transit Governance
Study)–setting the stage for transit integration across Niagara Region.It provides a
comprehensive summary of all work undertaken during the course of this study.
o In this Final Report, readers will find:
1.A summary of the current state of transit in Niagara Region;
2.Lessons learned from other jurisdictions that have integrated transit services;
3.A future state service plan that identifies the potential growth of transit in the region;
and outlines the opportunity that integration can bring;
4.An overview and analysis of different models for transit integration;
5.The recommended model option for the region; and,
6.A transition plan to guide the implementation of an integrated system.
2
LNTC-C 4-2020
Appendix 2
Page 239 of 947
Report Snapshot
3
Key
Highlights
Research into the benefits and feasibility of an integrated transit system in
Niagara Region has been considered for several years,and has culminated in
this Niagara Transit Governance Study.
A review of the current state of transit in Niagara and a forecast of demand for
transit services over the coming 10 years has shown that there is a significant
opportunity to increase transit usage in Niagara (over 80%by 2031).
To determine how Niagara could best accommodate this future growth,three
potential transit governance model options were developed,each one
reflecting a different approach to integrating transit in the region.
Each potential model was assessed against key evaluation criteria,and
ultimately,an independent Full Commission Model was recommended as it
provides the greatest opportunity for success by bringing the right degree of
autonomy and flexibility to innovate,drive growth,and meet the diverse and
changing needs of Niagara.
In order to create this new Commission,a five-phased Transition Plan has been
developed to guide implementation activities.It is expected that this
Commission will be operational by the end of 2022,and there is opportunity
to take advantage of government funding to support the cost of transition to
the Commission model.
LNTC-C 4-2020
Appendix 2
Page 240 of 947
Niagara Transit
Governance
Study
Executive Summary
LNTC-C 4-2020
Appendix 2
Page 241 of 947
Context for this Study
5
Research into the benefits and feasibility of an integrated transit system in Niagara Region
has been considered for several years,and has culminated in this project,the Niagara
Transit Governance Study.
Transit in Niagara
Region
•Niagara Region constitutes 12
municipalities that have varying
levels of transit services
available.
•The three largest providers are
St. Catharines Transit, Niagara
Falls Transit, and Welland Transit,
who also support the existing
Regional service.
2017 Service Delivery &
Governance Review
•Following agreement on Guiding
Principles for integration in 2015,
the Region completed
the Niagara Transit Service
Delivery and Governance
Strategy Report in 2017. The
report identified several
recommendations for service
improvements and the following
steps with respect to transit
governance:
o Approve consolidated
transit model
o Obtain triple majority for
recommended model
o Develop consolidated
transit model
implementation plan
o Implement inter-municipal
transit service strategy
Governance Models
•To support the development of
an integrated approach to transit,
the Region formed the Linking
Niagara Transit Committee
(LNTC), and a working group
was formed to evaluate transit
governance models, consisting of
the CAOs of St. Catharines,
Niagara Falls, Welland, and
Lincoln, and the Director of the
Go Implementation Office.
•The consulting firms of Optimus
SBR and Left Turn Right Turn
(LTRT ) were engaged by the
working group to evaluate
various transit service delivery
models and to identify which
option best accommodates
Niagara’s future transit
operational and planning needs.
LNTC-C 4-2020
Appendix 2
Page 242 of 947
Executive Summary
A Systematic Approach was Followed
To determine a preferred governance model for Niagara’s integrated transit system,
Optimus SBR and LTRT followed a systematic approach that followed five main steps.This
report contains a summary of the key information and insights from each of these steps.
Current State and
Leading Practices
Understanding the
Current Situation
Developed a mutual
understanding of the
current state of
operations of the
various transit entities in
Niagara, and to
understand how other
jurisdictions approached
the integration of their
systems
Future State Transit
Service Plan
Modelling the Future
Forecasted different
growth scenarios for
transit ridership in
Niagara and outlined
the costs/revenues
associated with those
forecasts
Model Options
Development
Developing Options
Outlined three different
Governance models that
could potentially be
created to oversee
integrated transit
services in Niagara, and
key evaluation criteria
that would be used to
choose a preferred
model
Model Analysis
Recommending a
Model
The evaluation criteria
was used to complete a
detailed assessment of
each model, and
ultimately led to a
recommendation
Transition Planning
Planning for Change
Detailed phasing for
how Niagara should
move from the current
state of transit services
to a successful
integrated system
This report represents the culmination of research, analysis, and input from key stakeholders
across Niagara Region to establish a way forward for transit integration 6
LNTC-C 4-2020
Appendix 2
Page 243 of 947
Guiding Principles for Transit
7
Guiding principles for transit in Niagara were developed in 2015 and helped inform the
development and recommendation of the recommended transit governance model.
These principles will continue to be important throughout the transition to an integrated
system and in the life of the new transit entity.
Customer
Driven
Unconventional
Solutions Integrated
Economically
Responsible Fair
Adherence to guiding principles will be a fundamental factor in
ensuring the success of the integration and the future of transit in
Niagara for the benefit of all
LNTC-C 4-2020
Appendix 2
Page 244 of 947
There is a Significant Opportunity to Increase Transit Usage in Niagara Region
8
By way of investments and harmonization of services and fares,transit under an
amalgamated system is anticipated to become a more frequently used means of
transportation in the region, with ridership outpacing the status quo.
How?Transit ridership forecasts indicate a latent demand for inter-municipal transit travel,which can be
capitalized on through improved inter-municipal and connections to GO Transit rail services.
By investing in targeted projects and services to grow the transit mode share throughout the
region,transit ridership region-wide could grow by over 80%by 2031 under an amalgamated
transit service.
It is anticipated that Niagara Region,like its peer jurisdictions will experience a transit mode share
growth of 30%to 130%within ten years of amalgamation.
By 2031,operating costs in the high growth scenario will increase by approximately 55%over the
status quo.
Capital investment of between $70M and $155M between 2021 and 2031 may be required to
address service and demand growth.Provincial Gas Tax revenue could result in up to $50M - $80M
in revenue over the same ten years.Over $70M-worth of near-and mid-term projects have
committed funds from the federal and provincial governments through ICIP.
An integrated single fare is critical to driving ridership growth and could be achieved in a way that
is revenue-neutral if implemented progressively as ridership grows.While an integrated payment
system and harmonized fare structure will be required at the start of service,a single fare region-
wide can be implemented over time.
The COVID-19 pandemic presents an opportunity to look beyond the status quo,bring the transit
systems in Niagara together,and build a new and improved service that takes capitalizes on
current funding programs to see this forecasted ridership growth become a reality.
LNTC-C 4-2020
Appendix 2
Page 245 of 947
Executive Summary
Recommendation: Full Commission Model
Following the completion of the current state review,a jurisdictional scan,and the development
of a future state service plan,three potential governance models were developed,and the Full
Commission Model was ultimately recommended:
o
o
o
o
Limited
Commission
Transit Service is governed by
a regional commission with
representation from local
elected officials.
Commission reports to
Regional Council
Strategic decision making for
Transit Service is directed by
Regional Council
Relies on corporate services
but retains transit-related
services in-house
Full
Commission
o Distinct entity independent
from Regional Council
o Governed by a board of
appointed members,
equitably selected by
Regional Council
o Responsible for all transit
planning and delivery
o Budget allotment approved
by Regional Council
o Makes limited use of Regional
services except where service
sharing does not impede
agility or independence
Regional
Division
o Division within Niagara
Region’s Public Works
department
o Regional Council remains the
governing body of the transit
division
o Strategic decision making for
Transit Service is directed by
Regional Council
o Integrated into the Regional
administration similar to
other service delivery
departments
9
The Full Commission model brings the right balance of autonomy and flexibility to
innovate, drive growth, and meet the diverse and changing needs of the region.
LNTC-C 4-2020
Appendix 2
Page 246 of 947
Benefits of the Full Commission
10
Ultimately,the analysis led to the conclusion that the Full Commission is the most suitable
model for Niagara.While many factors went into this recommendation, two of the chief
benefits that made the Full Commission more attractive than other models were:
The Financial Benefits
o The Full Commission will likely have the most cost-
efficient service, in part due to a more streamlined
decision-making process and being restricted to provide
the most effective service within the means previously
defined in the annual budget.
o From a dollars and cents perspective, a Full Commission
is the more costly of the models in terms of
administrative costs, but less costly on a per trip basis
than other models due to a higher utilization of services.
o This is particularly important when looking to the future
and considering what ridership growth may be, and how
services may expand to serve regional needs.
o The Full Commission has the greatest flexibility to make
strategic decisions which drive financial outcomes for
transit services and is best positioned to make regionally-
focused investments in service growth.
The Autonomy of the Full Commission
o The independence of the Full Commission grants it
several advantages that make it the most suitable option
for the growth potential of transit in Niagara.
o With this independence, the Full Commission can remain
more focused solely on transit and is more capable of
formulating its own responses to trends and pressures,
making and owning decisions, and driving necessary
change at a strategic and operational level.
o This governance model is able to move from idea to
action quickly and reprioritize its resources to meet
emerging demands and accommodate growth.
o The autonomy of the Full Commission provides it
advantages with respect to negotiating important
elements such as collective bargaining agreements and
the transfer of assets.
The Full Commission is best suited to grow transit in the region while delivering the high
quality, innovative, and seamless transit services that the citizens of Niagara deserve.
LNTC-C 4-2020
Appendix 2
Page 247 of 947
Proposed Composition of the Commission
11
Outlined below is the proposed composition of the Commission,which would be appointed
by a Nominating Committee of the Regional Council.
Members of Regional Council
(1)Welland
(1) St. Catharines
(1) Niagara Falls
(2) Niagara Municipalities [Selected amongst representatives of: West Lincoln,
Lincoln, Grimsby, Pelham, Thorold, Niagara on the Lake, Wainfleet, Fort Erie, and Port
Colborne]
Skill-based or Public Members
(4) Skills-based or Public members (appointed/nominated)
Ex-Officio
(1) General Manager (non-voting member)
9 voting members
A Hybrid governance structure was recommended as it allows a combination of elected
officials and skills-based members to provide guidance and oversight.
LNTC-C 4-2020
Appendix 2
Page 248 of 947
Executive Summary
Transition to the Commission
A five-phased transition plan has been developed to guide implementation activities over
the coming years to ensure the successful creation of the transit Commission.
12
This phase of work
encompasses activities
related to the legal
establishment of the
Commission as a
municipal service board
and concludes with the
appointment of
members to the
Commission
Commission
Setup
This phase includes work
associated with getting
the Commission ready to
take on responsibility for
transit services in the
region, including
establishing policies and
processes, filling key
roles, and negotiating
and executing transfer
agreements
Service
Launch
This begins with the
Commission officially
taking on responsibility
for transit services in the
region and key activities
for the first 2 years of
operation to ensure a
smooth transition
Enhancement
Growth
This phase includes
longer-term activities
that the Commission
will undertake to
continue developing its
organization and
planning for the future
2 3 4 5
Approx.1 Year Years 1-2 of
Operation
Year 3+ of
Operation
Includes activities
leading up to, and
including, a phased
political approval
process that concludes
with the submission of
recommendations to
LAM and Regional
Councils to seek triple-
majority approval to
create the Commission
Integration
Approval
Process
Approx. 9 Months Approx.2 months
The creation of a Regional Transit Commission will be transformative for Niagara, and its
success is dependent on maintaining public and political support while transitioning
services from the LAMs to create an effective regional network.
1
LNTC-C 4-2020
Appendix 2
Page 249 of 947
Executive Summary
Funding the Transition
Regional staff are currently developing an initial funding model for the start-up budget of
the Commission,that will strive for a fair and equitable funding baseline commensurate with
the existing baseline services within each municipality.This funding model will be provided
to all decision makers upon its completion.
The preliminary cost estimates of transition to the Full Commission model is between
$3,845,000 and $4,955,000.Given the complexity and ongoing impact of the global pandemic,
fluctuations in these costs should be considered.
Category Items Included Cost
Capital Costs
•Transit System Branding
•Facility and Office Improvements
•Transit Service Design
•Technology and Equipment
$1,670,000 to $2,225,000
Operating Costs
•Transit Integration Team
•Legal Fees
•Public Consultation
•Human Resources Fees
$2,175,000 -$2,730,000
$3,845,000 -$4,955,000
13
Suitable investments into the start-up of the Commission will be critical in its
early development and long-term success.
LNTC-C 4-2020
Appendix 2
Page 250 of 947
Niagara Transit
Governance
Study
Full Report
LNTC-C 4-2020
Appendix 2
Page 251 of 947
Niagara Transit Governance
Study
15
Introduction
LNTC-C 4-2020
Appendix 2
Page 252 of 947
Introduction
Context for this Study
Transit in Niagara
Region
•Niagara Region constitutes 12
municipalities that have varying
levels of transit services available.
•The three largest providers are St.
Catharines Transit, Niagara Falls
Transit, and Welland Transit, who also
support the existing Regional service.
2017 Service Delivery &
Governance Review
•Following agreement on Guiding
Principles for integration in 2015, the
Region completed the Niagara
Transit Service Delivery and
Governance Strategy Report in 2017.
The report identified several
recommendations for service
improvements and the following
steps with respect to transit
governance:
o Approve consolidated transit
model
o Obtain triple majority for
recommended model
o Develop consolidated transit
model implementation plan
o Implement inter-municipal
transit service strategy
Governance Models
•To support the development of
an integrated approach to transit, the
region formed the Linking Niagara
Transit Committee (LNTC), and a
working group was formed to
evaluate transit governance models,
consisting of the CAOs of St.
Catharines, Niagara Falls, Welland,
and Lincoln, and the Director of the
Go Implementation Office.
•The consulting firms of Optimus SBR
and Left Turn Right Turn (LTRT ) were
engaged by the working group to
evaluate various transit service
delivery models and to identify which
option best accommodates Niagara’s
future transit operational and
planning needs.
16
The concept of integrating transit systems in Niagara has been around for many years. Now, in
2020, a myriad of transit and non-transit related factors and pressures present an opportunity for
the region’s systems to reflect on its strengths and challenges, and consider new avenues for
innovation and growth.
LNTC-C 4-2020
Appendix 2
Page 253 of 947
Introduction
The Case for Integration
A multitude of global and local trends make the need to rethink transit more apparent than ever before.
Globally,emerging technology and philosophies around transit,including concept of mobility as a service,
has engendered the need to see different transportation methods jointly rather than as individual elements.
Economic and cultural trends are also resulting in a trend towards lower personal vehicle ownership due to a
reduction in buying power,and evolving perspectives on the environment and the importance of public
transit in curbing climate change.
Locally,there is a strong desire improve mobility not only within the region, but with neighboring regions as
well,along with a growing need to address the disparity of transit service across the region.Moreover, the
current system does not provide the integrated and seamless experience that users are growing to expect,
and as new commercial and residential developments emerge,the importance of quick and reliable transit
will as well.
Finally,there is a need to look at transit and its benefits not at the local level,but more broadly. Transit can
be a cornerstone of a strong and vibrant community and region,and is a key enabler to attracting new
residents,tourists,and businesses.An integrated transit system that can more easily respond to the needs
of the region can also help strengthen economic development, support environmental sustainability, and
enhance quality of life for residents and visitors alike.
Unfortunately, the innovation and growth required to capitalize on these opportunities and accommodate
these shifting needs won’t be achieved by maintaining the status quo; an evolution of the current system is
needed.
Integration isn’t about creating a larger version of what already exists today, nor is it about
bringing the status quo under a single roof. Rather, integration is about bringing a scale and
flexibility to transit that will allow for greater innovation, more beneficial partnerships, and the
ability to better accommodate the variety of transit needs in the region that won’t be able to be
served within the constraints of the current system.
17
LNTC-C 4-2020
Appendix 2
Page 254 of 947
Integration and COVID-19
The 2020 COVID-19 pandemic has undoubtedly affected transit ridership in Niagara,Ontario,and Canada as a
whole.With ridership down 75%nationally,1 operating revenues for transit agencies have also seen a significant
decline.However,despite the devastating impacts that COVID-19 has had on the health of Canadians,the use of
public transit,and the overall economy,now is an apt time to redesign transit in Niagara.
The ongoing pandemic has demonstrated the need for,and benefits of,enhanced levels of coordination and
organization between transit providers across the region.In the early days of the pandemic, significant effort
was undertaken to align and coordinate across delivery agencies the rapidly evolving changes to service levels,
fare policy, cleaning protocols,and other operational and strategic changes necessary to effectively respond to
the pandemic on behalf of Niagara residents.
In addition,there is an opportunity to align efforts with current funding programs associated with the province’s
economic recovery.In July 2020,the province announced that it had secured one-time urgent funding to
support its municipalities’critical public services,including transit services.This Safe Restart Agreement funding
may include up to $2 billion for transit in the province and is already beginning to flow to municipalities and
transit agencies,with eligible projects including service improvements and governance restructuring.This
unique funding opportunity only strengthens the case for integration and the need for collaboration and
alignment of effort across the region.
As transit providers continue to monitor the changing environment and implement recovery plans over the
coming years,now is the ideal time to move integration forward and align efforts,especially given the
significant work that will be needed to grow ridership in a safe and effective way,and the funding opportunities
made available to municipalities.
18
Municipalities in the region need to look beyond the current situation and how to return to the
status quo. Now is the time to reflect on what has worked and not worked in the past, take
advantage of funding and growth opportunities, and collaborate on building a new system
that provides a high-quality and user-friendly service for the region.
1 Statistics Canada. Urban Public Transit, June 2020. https://www150.statcan.gc.ca/n1/daily-quotidien/200831/dq200831d-eng.htm
LNTC-C 4-2020
Appendix 2
Page 255 of 947
Guiding Principles for Integrated Transit
Guiding principles were first established in 2015 and subsequently endorsed by the Linking
Niagara Transit Committee (LNTC).They have informed the development of the transit
governance model for Niagara.
To achieve success the new transit entity will need to make regionally-focused decisions aligned
to guiding principles.This will ensure that potential growth in ridership,efficiency of
operations,and improved service delivery are realized.
Customer Driven
•Continuously improve the rider experience, including improvements throughout the pilot phase;
•Understand customers, particularly those who rely on transit the most;
•Provide seamless connections and routes based on demand;
•Take people to work, school, healthcare, shopping and recreation as efficiently as possible;
•Respect established local service levels and routes; and,
•Maintain and improve transit to Niagara College and Brock University users.
Unconventional Solutions
•Investigate leading-edge technologies and delivery systems that establish Niagara as an innovator in
the transit field; and,
•Explore partnerships with other providers (e.g. GO Transit) where service delivery gaps exist.
19
1
2
LNTC-C 4-2020
Appendix 2
Page 256 of 947
Guiding Principles for Integrated Transit
Guiding principles were first established in 2015 and subsequently endorsed by the
Linking Niagara Transit Committee (LNTC).They have informed the development of the
transit governance model for Niagara.
Integrated
•Be seamless with other modes of transportation and evolve according to overall transportation plans
across Niagara (e.g. Transportation Master Plan and local Master Transit plans);
•Integrated with and support daily GO train service;
•Connect municipalities at hubs that are most appropriate for customers and the community;
•Evolve according to long-term transportation planning, growth planning, and economic development
opportunities; and,
•Promote interconnectivity with systems that connect Niagara with the GTHA (e.g. GO Transit,
Hamilton Street Railway).
Economically Responsible
•Recognize inter-municipal transit is a public service funded through property taxes, grants, and partial
cost recovery through user-fees;
•Balance financial costs with potential ridership and benefits;
•Build on past transit investments by enhancing, not duplicating, existing services; and,
•Explore alternative modes of delivery, particularly in small communities and rural areas.
Fair
•Respect existing investments made by communities with public transit and existing service levels;
•Provide a basic level of services that can be accessed by as many Niagara residents as possible;
•Balance respect for taxpayers with the ability of transit riders to pay fares; and,
•Respect existing transit collective agreements.20
4
5
3
LNTC-C 4-2020
Appendix 2
Page 257 of 947
Reaching a Preferred Governance Model
Introduction
To determine a preferred governance model for Niagara’s integrated transit system,
Optimus SBR and LTRT followed a systematic approach that followed five main steps.This
report contains a summary of the key information and insights from each of these steps.
Understanding the
Current Situation
Developed a mutual
understanding of the
current state of
operations of the
various transit entities in
Niagara, and to
understand how other
jurisdictions approached
the integration of their
systems
Modelling the Future
Forecasted different
growth scenarios for
transit ridership in
Niagara and outlined
the costs/revenues
associated with those
forecasts
Developing Options
Outlined three different
Governance models that
could potentially be
created to oversee
integrated transit
services in Niagara, and
key evaluation criteria
that would be used to
choose a preferred
model
Recommending a
Model
The evaluation criteria
was used to complete a
detailed assessment of
each model, and
ultimately led to a
recommendation
Planning for Change
Detailed phasing for
how Niagara should
move from the current
state of transit services
to a successful
integrated system
This report represents the culmination of research, analysis, and input from key stakeholders
across Niagara Region to establish a way forward for transit integration.21
LNTC-C 4-2020
Appendix 2
Page 258 of 947
Niagara Transit Governance
Study
22
Current State &
Leading Practices
LNTC-C 4-2020
Appendix 2
Page 259 of 947
Introduction
Current State & Leading Practices
The first phase of this project involved a thorough review of the current state of transit in
Niagara to identify what was working well and what challenges exist,hear different
stakeholder perspectives,and better understand the benefits that an integrated system
could bring to the region.
Understanding the Current Situation
Before work on evaluating and selecting different models for an integrated transit system could begin,it was critical to undertake a
thorough review of what transit looks like in the Niagara Region today. A clear picture of the current state allowed us to understand what
was feasible and not feasible with respect to transit integration in Niagara.Through this understanding,it was possible to devise different
options for moving forward,assess which option had the most potential,and develop a realistic transitionplan for gettingthere.
This was accomplished through a review of key data,engaging with representatives from transit system and external organization (e.g.
Amalgamated Transit Union,Brock University),and also included a review of other jurisdictions that have undergone similar transit system
integrations in the past.
The findings from this phase of the project not only provided a sense of the transit-specific strengths/gaps in the current system and the
potential size of an integrated one,but also enabled us to understand what was particularly important to different stakeholder groups with
respect to transit in Niagara and what their initial impressions of an integrated system were.The data collected during this phase was also a
key first step in forecasting future transit demand,and the information gained from researching how other jurisdictions structured and
implemented their integration provided important insights and lessons learned that were applied to all subsequentphases of work.
In the following slides,please find a summary of the Current State and Leading Practices Report,which includes an overview and key
statistics about transit in the region,a financial summary,a snapshot of themes identified during engagement with key stakeholders,and a
summary of insights gained from the review of other jurisdictions.23
LNTC-C 4-2020
Appendix 2
Page 260 of 947
Current State & Leading
Practices
24
System Assessment
LNTC-C 4-2020
Appendix 2
Page 261 of 947
Niagara Transit System Overview
25
Niagara Region is home to twelve lower-tier municipalities and eight transit service
providers.Cities,towns and hamlets are dispersed with large swaths of farmland and
natural expanse between them.
LNTC-C 4-2020
Appendix 2
Page 262 of 947
Niagara Transit System Overview
System Assessment
The region experiences diverse levels of transit services.Higher-quality transit services are
generally correlated with higher levels of urbanization.
26
Overview Niagara Falls,St.Catharines and Welland are the largest local transit services and provide
contracted service throughout the region.
–Niagara Region contracts service on all intermunicipal routes to Niagara Falls, St.Catharines and
Welland
–Thorold contracts service from St.CatharinesTransit
–Port Colborne contracts service from Welland Transit
Niagara Region,in partnership with several municipalities in western Niagara,launched NRT
OnDemand,an alternative transit service on August 17,2020.
–The service was initially designed as a regional transit alternative connecting the communities of
Grimsby, Wainfleet,Lincoln and West Lincoln with the larger urban centres in Niagara Region
–Grimsby opted to introduce a new local transit service as part of NRT OnDemand to provide transit
access within the community and connectivity to the planned GO Station.
–Additionally,Lincoln and Pelham have completely replaced their local fixed -route transit services with
NRT OnDemand.
Fort Erie and Niagara-on-the-Lake operate their own local fixed-route transit services
through third-party private contractors
–The contractors are responsible for all service as well as supply and maintenance of vehicles,
equipment and other assets
–Only Niagara-on-the-Lake reports into the Canadian Urban Transit Association
Wainfleet and West Lincoln Townships have no existing local transit service,but expansion of
NRT OnDemand remains a future consideration.
LNTC-C 4-2020
Appendix 2
Page 263 of 947
Niagara Transit System Overview
27
The following is a summary of 2019 key characteristics for transit in the region for the
different systems:
Municipality Ridership Service Hours Routes Revenue Vehicles Operating
Expenses
Operating
Revenue
Specialized
Ridership
Niagara Region Transit 1,065,933 85,070 18 21 $ 12,228,435 $ 4,878,503 29,995
Niagara Falls Transit 2,009,784 95,538 31 45 $ 12,521,213 $ 3,842,111 24,722
St. Catharines Transit
Commission 4,731,453 152,181 24 73
14 Specialized $ 21,643,836 $ 8,704,665 28,166
Thorold
(Provided by St.
Catharines Transit)
286,037 11,779 3 N/A $ 1,347,798 $ 460,034 3,722
Welland Transit 738,998 42,509 9 18
4 Specialized $ 3,128,392 $ 1,359,467 12,802
Port Colborne
(Provided by Welland
Transit)
12,700*2,600 2 N/A $ 278,684 $ 18,838 N/A
Fort Erie
(Provided by 3rd Party)40,467 13,313 4 3 $ 972,740 $ 35,076 9,880
Lincoln
(Provided by 3rd Party)2,000 2,064 3 1 $ 317,680 $ 51,851 N/A
Niagara-on-the-Lake
(Provided by 3rd Party)29,510*6,545*2 2 $ 667,416 $ 22,357 N/A*
Pelham
(Provided by 3rd Party)7,895 5,458 2 2 $ 445,090 $ 32,600 910
*Note that at the time of collection some data remains approximate since reporting may not yet have been complete
LNTC-C 4-2020
Appendix 2
Page 264 of 947
Access to Services
Conventional transit services are accessible to over 390,000 people or approximately 85%of
the region’s residents.
0.24
1.08
1.00
0.89
0.63
0.14
0.43
0.10
0.57
0.28
0.00
0.20
0.40
0.60
0.80
1.00
1.20
0
5
10
15
20
25
30
35
NRT NFT SCT WT TH PC FE LNC NOTL PLHM Service Hours per CapitaRiders per Service HourRidership and Service Hours by Agency (2019)
Utilization (Riders /
Service Hour)
Service Hours / capita
28
o There is a stark discrepancy in the amount of service and the utilization of that service in large urban
areas versus the smaller municipalities;
o While this could be largely related to the density and urban form, it does call attention to the fact that
utilization is driven by availability and utility of the service; and,
o Note that service in Thorold is provided by St. Catharines Transit Commission and is considerably better
performing than other smaller municipalities on the basis of riders per service hour.
LNTC-C 4-2020
Appendix 2
Page 265 of 947
Current State & Leading
Practices
Financial Analysis
29
LNTC-C 4-2020
Appendix 2
Page 266 of 947
Financial Performance
30
A financial performance summary was compiled based on CUTA statistics and information
from each of the transit operators in Niagara for the year 2018.
LNTC-C 4-2020
Appendix 2
Page 267 of 947
Operating Expenses and Revenues
31
This chart reflects the considerably large disparity in the investment in service and the
service area that these agencies are responsible for.
$6.90
$4.32
$2.73 $2.39 $3.10
$20.46
$23.17 $21.86
0
5
10
15
20
25
30
0
2500
5000
7500
10000
12500
15000
17500
20000
22500
25000
NRT NFT SCT WT TH PC FE LNC NOTL PLHM Dollars of Net Operating Expense per Rider ($)Dollars in Thousands ($)Operating Expenses and Revenues by Agency (2019)
OpExp
OpRev
Net OpExp
per Rider
$132.91 $52.25
o St.Catharines,Niagara Falls and the Region have a considerably larger operatingbudgetthan any of the other agencies;
o Fixed route services require discrete capital investments to provide base services and are often under utilized in smaller
rural communities resulting in higher net operating costs per rider;and,
o Note that for these purposes,operating revenue does not include grants and funding from external sources,such as gas tax
funding applied to operating costs.
LNTC-C 4-2020
Appendix 2
Page 268 of 947
Capital Asset Summary by Agency
32
This slide provides an overview of the purchase and book value of different agency’s
capital assets
0
10
20
30
40
50
60
70
Niagara
Region
Transit
Niagara
Falls
St
Catharines
Welland$ MillionsCapital Assets –Purchase Value
Vehicles Land Facilities
Equipment Technology
0
10
20
30
40
50
60
70
Niagara
Region
Transit
Niagara
Falls
St
Catharines
Welland$ MillionsCapital Assets –Net Book Value
Vehicles Land Facilities
Equipment Technology
Note that all agencies use a different amortization period for their vehicles. For the purposes of this comparison, a 12-year amortization period
(useful life) was used for conventional transit vehicles, cutaway minibuses were given a 7-year useful life and paratransit vans a 5-year useful life.
o Niagara Region Transit owns 21 vehicles that are designed to the standards by the local agency that operates the vehicle on
behalf of the Region .Otherwise,the Region has no other major capital assets;
o Niagara Falls, St.Catharinesand Welland have the largest capital asset inventory of the municipalities;
o The smaller agencies and municipalities contract out service,and do not own the assets for service;and,
o The exception is Fort Erie,which owns the smart card fare system technology onboard their vehicles.
LNTC-C 4-2020
Appendix 2
Page 269 of 947
Total Forecast Capital Expenses
33
Local transit agencies are planning for large investments over the coming years.
0
5
10
15
20
25
30
35
2020 2021 2022 2023 2024 2025 2026 2027 2028$ MillionsTotal Forecast Capital Expenses 2020-2028
Niagara Falls Transit St. Catharines Transit Commission Welland Transit
*Note that vehicles procured for Niagara Region Transit are configured based on the specifications of the local agency that will be providing the service and maintenance
on the vehicle
*Note that Niagara Region Transit intermunicipal service fleet requirements are included in the capital projections
While core operating technologies (such as the CAD/AVL system and related
components) are shared and integrated across all three local transit agencies,
ancillary technologies such as fareboxes, paratransit scheduling and AVL, and
asset management systems are not presently integrated.
In addition to fleet renewal and minor infrastructure improvements,the
three properties have plans for major facility improvements.Many of
these initiatives already have committed funding as part of ICIP,including
matching municipal funds:
•Niagara Falls Transit had earmarked $ 7M for transit terminal and
storage facility expansion in 2020
•Welland Transit had earmarked $13M for a new operations facility in
2021
•St.Catharines Transit had earmarked funds annually for major garage
improvements totalling $15M
LNTC-C 4-2020
Appendix 2
Page 270 of 947
Funding and Financing Service and Investment
Operating Subsidies and Tax Levies
o Most municipalities contribute to funding transit agencies within their cities and towns through either
through their annual budgeting process,or by dedicated tax levies that are specifically allocated to
transit;
o In Niagara Region,most transit agencies operate as a division of the local municipality they reside in,and
are funded directly through the annual municipal budget process;and,
o St.Catharines Tran s it Commission, which operates on a commission model, has secured a dedicated
transit property tax levy approximately 0.07%or roughly $210 per year on a $300,000 home.
Provincial Funding
o Niagara Region Trans it,as well as the local municipalities receive Gas Tax disbursements that are
allocated to operating and capital transit investment.The 2018/19 allocations are listed below:
o Lincoln will begin collecting Gas Tax disbursements in 2019/20.
o Funding from the Safe Restart Agreement is beginning to flow to municipalities and transit agencies as
part of the COVID-19 response,with eligible projects including service improvements and governance
restructuring 34
Total NRT NFT SCT TH WEL PC FE LNC NOTL PEL
Operating $1,649,400 $267,309 $ 532,000 -$250,993 -$112,754 $287,173 -$147,837 $ 51,334
Capital
Total
$4,806,134 $493,722 $ 914,000 $2,633,000 -$765,129 -----
$6,455,534 $761,031 $1,446,374 $2,633,000 $250,993 $765,129 $112,754 $287,173 -$ 47,837 $ 51,334
LNTC-C 4-2020
Appendix 2
Page 271 of 947
Funding and Financing Service and Investment cont.
Federal Funding
o Niagara Region Transit as well as Niagara Falls, St. Catharines and Welland applied for Public Transit
Infrastructure Fund (PTIF) funding with the federal government for capital improvements and funding has
been made available;
o PTIF funding, which was made available to transit agencies across Canada, is a limited pool of $3.4 Billion
that is allocated to transit agencies based on reported CUTA ridership figures;
o Active applications for PTIF funding will be ongoing until the funds expire; and,
o Investing in Canada Infrastructure Program (ICIP) funding has been approved, and provincial and federal
funds have been committed for over $ 74M worth of capital investments through the first round of
funding
35
LNTC-C 4-2020
Appendix 2
Page 272 of 947
Current State & Leading
Practices
36
Stakeholder
Perspectives
LNTC-C 4-2020
Appendix 2
Page 273 of 947
Stakeholder Engagement Findings
37
A number of stakeholders were engaged to gather insights and perspectives about the
current state of transit services and key considerations for an integrated system.Some key
considerations raised by stakeholders with regards to service and system planning included:
Findings Connecting to Hubs:Integrated system should focus on connecting residents to
important community hubs and landmarks in an efficient manner (e.g.hospitals,malls,
schools,etc.).No trip to the hospital should take 2-3 hours.
Seamless Rider Experience:Prioritize aligning service schedules and stops so that riders
can move from point A to point B –with integrated fares.
Collaboration with Regional and Municipal Staff: A coordinated effort will need to be
undertaken to look at routes and determine the need that current construction projects
will have for future transit service.
Connecting with other Transit Entities:Integrating and/or connecting with other transit
systems in the area,including GO,HSR,or coach bus.
Building for Niagara’s Current and Future Needs:Ensuring that appropriate services
are built to accommodate future residential and business developments and creating
inter-municipal corridors will be important.
Accessibility: Consider an automated booking service that allows users to book in
advance given consistent medical needs.
Community Engagement: Importance of ongoing and regular public communication
and engagement in transit planning to ensure the voice of the rider is understood.
LNTC-C 4-2020
Appendix 2
Page 274 of 947
Current State & Leading
Practices
Leading Practices
38
LNTC-C 4-2020
Appendix 2
Page 275 of 947
Leading Practice Overview
Leading Practices
The following is a summary of the findings from the jurisdictional scan of four municipalities,
including the regions of Durham, Waterloo and York, and the Edmonton Metropolitan
Region.
39
Both Commission model and
Centralized Delivery in use
Financial
Cumming Principle used for asset
transfers and there is a varied
approach to levies
Transit & Operations
Service Enhancements requires
prioritization and considerable,
investment
Transition
Significant communications efforts
required to engage staff, unions
and the public
Lessons Learned
Transfer of human
resources to a new
organizational structure is
a significant undertaking
Need to consider the
magnitude of cultural
change and legacy systems
involved in transition
planning
A phased-in single tax levy
has been successful
elsewhere
Ongoing communication is
an important factor in
bringing key stakeholders
onboard
LNTC-C 4-2020
Appendix 2
Page 276 of 947
Summary of Findings: Leading Practices
Leading Practices
The following is a summary of the findings from the jurisdictional scan of four municipalities,
including the regions of Durham,Waterloo and York,and the Edmonton Metropolitan
Region.
40
•A governance body was set up for both the study for amalgamation, and the transition period.
Membership often continued into the transition planning period.
Governance
•With the exception of Waterloo Region, which was a staff-only led Committee (and reported directly to
Regional Council), the remaining amalgamations had an operationally focused oversight body that
reported to a politically appointed oversight body.
•York and Waterloo Regions both selected a governance model where transit resided as a department
within the Regional Corporation, and reports to Regional Council through the Chief Administrative
Officer. Edmonton and Durham selected a Commission model.
Transit Service
Planning &
Operations
•Due to the difference in transit services across the amalgamated municipalities, often considerable
service enhancements were identified. These were prioritized and completed in a phased approach
over 5 to 7 years.
•Significant planning and resourcing is required for the transfer of human resources related matters,
including contract negotiation, and placing staff within a revised organizational structure.
•Fares were integrated across the amalgamated regions.
•Collection of service metrics continued to be a challenge well after the transition period as
amalgamated bodies reconciled legacy systems across local transit providers.
Financial
•There was a varied approach to the fee levy: Durham and York Regions instituted a unified levy,
Waterloo implemented a differentiated fee levy (with the goal of a unified levy), and Edmonton will
receive funding from municipalities based on budgeted operating revenues and expenses.
Considerations •Municipalities typically started with applying area rated tax levies to apportion the cost of the transit
services being provided to each community, then moved to introduce single urban tax levy and
maintain area rates for rural areas.
LNTC-C 4-2020
Appendix 2
Page 277 of 947
Summary of Findings: Leading Practices
Leading Practices
The following is a summary of the findings from the jurisdictional scan of four municipalities,
including the regions of Durham, Waterloo and York, and the Edmonton Metropolitan
Region.
41
Financial •The Cumming Principle was utilized in most cases for transfer of assets.
Considerations •Transit related development charges were transferred to the regions of Durham and Waterloo.
•All municipalities documented the transition plan in a joint agreement between transit providers and
established a transition period between 1 to 2 years.
Transition
Planning
•Most Plans focused that transition period on bringing the transit systems together, not on significant
changes to services and service levels.
•Significant communication resources required to inform and engage both impacted staff and unions,
and members of the public.
•Consideration needs to be taken on how and why resources are transferred to the amalgamated
organizational structure.
Lessons
•A single tax levy being implemented from the beginning, through a phased approach had been made
successful through a concurring commitment to provide service in areas that had no transit services.
Learned •Do not underestimate the magnitude of cultural change and legacy systems involved in transition
planning.
•Ongoing communication to the public, province, and municipal governments is an important factor in
bringing key stakeholders onboard.
LNTC-C 4-2020
Appendix 2
Page 278 of 947
Current State & Leading
Practices
Summary
42
LNTC-C 4-2020
Appendix 2
Page 279 of 947
Summary
Current State & Leading Practices
The current state has broad implications for the future of transit in Niagara,and the long-
term design and development of an integrated transit agency.Key findings that a future
integrated system will need to consider include:
43
Implications
for
Integration
with respect to
availabilityand frequency of service,and ensuring basic levels of equity for accessing services.
Manage the differences in transit service expectations from residents of different municipalities.The
relative lack of population density in a large part of the region and the pockets of density located in the
major municipalities –including the fact that 85%of the region’s population still lives within a 15-
minute walk of transit services,and over half of the population within a 5-minute walk.
The large swathes of ruraland undeveloped land within the region and how these will be served.
The differences in financial contribution of the three largest municipalities in terms of operating dollars
per capita compared to the smaller transit agencies.
That the larger municipalities have substantial planned investments that will need to be maintained
toward fleet and facility renewal.
That agencies have already begun to integrate technologies across the region.
The financial and legal impact of transferring existing contracts municipalities to the future integrated
system.
How the three CBAs with the ATU are to be consolidated into a single agreement.
The means and degree to which the new integrated agency will take on the current staff complements
of the different transit agencies, and the method by which leadership positions will be filled.
LNTC-C 4-2020
Appendix 2
Page 280 of 947
Niagara Transit Governance
Study
Future State Transit
Service Plan
44
LNTC-C 4-2020
Appendix 2
Page 281 of 947
Introduction
Future State Transit Service Plan
The second phase of work in this project,the Future State Transit Service Plan,was a critical
milestone as it provided insight into the potential growth of transit in Niagara Region and its
implications for an integrated transit system.
Modelling the Future
Understanding the future demand on the Region's transit network is an important consideration in planning for it.By forecasting ridership
growth,and capital and operating costs,one can gain a clearer picture of the benefits that an integrated transit system could bring to
Niagara,and also better understand the environment that this integrated system will be operating in.While not a direct input into the
governance structure recommendations,the results of the Future State Transit Service Plan provide critical context of how residents and
workers in Niagara Region will utilize the services providedby this new entity.
As part of this study,an in-depth analysis of the Transportation Tomorrow Survey and the Ontario Growth Plan was undertaken,as well as
observed transit data to identify a set of changing trends and important considerations for the 2031 horizon.In addition to this,a forecast
of future demand estimates for the preferred network was undertaken,which was achieved by adjusting information related to routes,
headways,fare policy, and more.
The following slides contain a summary of this Future State Plan that outlines the potential growth in transit ridership in Niagara.The
assessment has identified a latent demand for transit that the current status quo system is unable to accommodate because of its inability
to effectively support inter-municipal trips with first-and last-mile connections.Through integration,however,Niagara has the opportunity
to spur this latent demand and accommodate ridership growth throughout the Region.This new entity will have the capacity, scale,and
flexibility to build a system that reacts to not only the demand within a particular municipality,but that drives transit ridership growth
across the Region.
Current State and
Leading Practices
Future State Transit
Service Plan
Model Options
Development Model Analysis Transition Planning
45
LNTC-C 4-2020
Appendix 2
Page 282 of 947
Within 10-years of amalgamation, transit mode sharecould increase between 0.9% – 1.8%
46
This is consistent with peer jurisdictions,who experienced between 30%and 130%mode
share increases post amalgamation,independent of population growth.
After amalgamation of local transit services,Durham,Waterloo and York Regions all experienced a substantial
increase in transit utilization.
In contrast,the local transit mode share in Niagara Region has remained largely constant over the past twenty
years.
Note:this chart excludes all “GO Transit Only”trips,and focuses entirely on transit trips that utilize some form of local transit
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
1996 2001 2006 2011 2016Transit’s Mode Share of All Regional TripsDurham York Waterloo Niagara
York Region Transit begins
operations (2001)
Grand River Transit
begins operations
(2000)
Durham Region Transit begins
operations (2006)
LNTC-C 4-2020
Appendix 2
Page 283 of 947
Transit Demand in the 2031 Horizon
47
In all tested scenarios with fully integrated transit services,the total number of transit trips
greatly outpaces the status quo
The consultants worked in collaboration with IBI Group to produce a set of comparable 2031 AM Peak Period
transit forecasts using the Region's Transportation Model.The future network in the model was updated to
the preferred network,including the express service options,and a preliminary fare-policy was
recommended.
The high growth scenario considers the results of the advanced modelling analysis and includes recent trends
in growth and demand and identifies an apparent latent demand for improved regional transit integration.
This scenario employs the increasing trends in modal share observed at peer transit agencies after
amalgamation of local transit services.While this represents a considerably greater demand for transit in the
2031 horizon, the approach employed to consolidate these results ensures that the most current transit
ridership trends are adequately captured.
Total Trips Originating from and/or Destined within Niagara Region
Status Quo Low Growth High Growth
AM Peak Period 4,7706,99015,180Transit Demand
Note that this assessment does not represent a rigorous modelling exercise and should only be leveraged for the purposes of
providing broader context to the overall transit governance strategy.
The Status Quo scenario assumes 2%annual growth.
LNTC-C 4-2020
Appendix 2
Page 284 of 947
After service integration,transit ridership is expected to grow byupto80%region-wide by 2031 in the High-Growth Scenario
Service integration will allow for more seamless travel region-wide. With appropriate service
enhancements, every local municipality will have substantial growth in transit ridership
48Note that growth rates for Grimsby, Wainfleet and West Lincoln are excluded since there was no transit service in 2019
LNTC-C 4-2020
Appendix 2
Page 285 of 947
Demand for specialized transit service isexpectedto grow between 20%and 40%
49
Future State Transit Service Plan
2018 Observed 2021 Forecast 2031 Forecast
Total Clients 4,390 4,580 –4,780 5,300 –6,360
Total Trips 124,087 129,460 –135,025 149,865 –179,840
Ambulatory / Non-
ambulatory Patient Trips 30,684 / 93,403 32,015 –33,390 /
97,445 –101,635
37,058 –44,470 /
112,810 –135,370
Trips with / without a
support person 22,725 / 101,362 23,710 –24,730 /
105,750 –110,295
27,445 –32,935
122,420 –146,905
0
25
50
75
100
125
150
175
200
ThousandsGrowth in Specialized Transit Trips
Low Growth
High Growth
Data and growth rates extracted from the January 2020 Niagara Specialized Transit report (IBI Group, 2020)
LNTC-C 4-2020
Appendix 2
Page 286 of 947
Expected Service Growth
50
Transit service must increase dramatically over the first ten years to meet ridership demand
after amalgamation. Region-wide,capacity must increase by over 300,000 service-hours
(approximately 95%increase over 2019)in the high-growth scenario.
Municipality Ridership
(2019)
Anticipated Annual Trips
(2031)
Service Hours
(2019)
Estimated Service Hours
Required (2031)
Intermunicipal Services 1,065,933 2,080,000 –3,420,000 85,070 105,000 –198,000
Niagara Falls 2,009,784 2,085,000 –3,430,000 95,538 99,000 –165,000
St. Catharines 4,731,453 4,600,000 –7,100,000 152,181 148,000 –230,000
Welland 738,998 870,000 –1,440,000 42,509 50,000 –83,000
Port Colborne 12,700 20,000 –40,000*2,600 8,500+
Thorold 286,037 255,000 –450,000 11,779 12,000 –19,000*
Fort Erie 40,467 49,000 –81,000*13,313 16,000 –27,000
Niagara-On-The-Lake 29,510 22,000 –37,000*6,545 8,500+
Grimsby (On-Demand)~N/A 5,000 –9,000*N/A 3,500+
Lincoln (On-Demand)~2,000 6,000 –10,000*2,064 3,500+
Pelham (On-Demand)~7,895 15,000 –26,000*5,458 5,500+
West Niagara
(On-Demand)~N/A 290,000 –475,000*N/A 42,000 –56,000
Summary 8,924,777 10,030,000 –16,200,000 417,057 502,000 –803,000
•*Note: the demand models employed are less effective at predicting ridership precisely in smaller municipalities and areas with now existing
transit service; these values should be considered carefully in this context.
•+Note: service hour growth for Port Colborne and Niagara-on-the-Lake is required for ensuring customers have equal access to transit
throughout the region by providing equivalent service levels and span-of-service to other local municipalities
•~Note: West Niagara Intermunicipal On-Demand is separate from local on-demand service in Grimsby, Lincoln or Pelham
LNTC-C 4-2020
Appendix 2
Page 287 of 947
Service Improvement Increments
51
Future State Transit Service Plan
Initialization Phase
2021 – 2022
•Initialization of the new
integrated service
•Harmonize costs and hourly rates
for operators and staff
•Initial phases of harmonized fares
are implemented
•Implement an integrated fare
system and associated
technology to support region-
wide travel
•Improve services in Port
Colborne, Fort Erie and Niagara-
on-the-Lake to ensure
consistency across the region
Growth Phase
2023 - 2026
•Considerable investment in
service hours across the region
•Expansion of fleet and facilities to
accommodate growth
•Potential demand for incremental
investment in transit priority
measures such as queue jump
lanes, transit signal priority and
dedicated right-of-way
Future Outlook
2026 - 2031
•Incremental transition to an
integrated fare for region-wide
travel to drive ridership growth
and ensure seamless and fair
access to opportunities by
transit
•New services and infrastructure
investment into higher-order
transit such as Bus Rapid Transit
•Implementation of fixed-route
services into West-Niagara to
satisfy growing transit demand
LNTC-C 4-2020
Appendix 2
Page 288 of 947
Operating Cost Comparison Across Scenarios
52
Assuming a “Go-Live”date in the fiscal year of 2022,the new entity will need to make
considerable investments in order to satisfy the demand for transit services in the region.
Service investment in order to achieve high growth is approximately 55%greater than the Status Quo scenario.Savings in the
low-growth scenario are driven by lower more strategic investment in services and a reduced administrative burden over the
status quo.Notice that the average cost-per-trip is lower in both the low growth and high growth scenarios.
$120
$100
$80
$60
$40
$20
$-nseillionsMpeEx ngitarpe OlnnuaA2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Change per Trip
$ 53.8 $ 55.4 $ 55.4 $ 56.1 $ 56.9 $ 57.6 $ 58.4 $ 59.2 $ 60.0 $ 60.8 $ 61.7 $ 62.5 $ 63.4 1.44%$ 9.16
$ 53.8 $ 55.4 $ 54.6 $ 55.4 $ 57.3 $ 58.3 $ 59.2 $ 60.2 $ 61.1 $ 61.5 $ 62.5 $ 63.4 $ 64.4 1.79%$ 8.78
$ 53.8 $ 55.4 $ 54.6 $ 55.4 $ 60.7 $ 69.3 $ 73.5 $ 77.1 $ 81.3 $ 84.9 $ 89.1 $ 93.2 $ 96.8 7.74%$ 8.39
Status Quo
Low Growth
High Growth
Note that costs and revenues represent real dollars ($2019) and are not adjusted for inflation Operating Costs in Millions
Integrated transit
service begins
Avg
Annual Avg Cost
LNTC-C 4-2020
Appendix 2
Page 289 of 947
Implementing an integrated fare structure is critical to achieving ridership growth targets
53
Future State Transit Service Plan
Additional consideration should be made for the impact on changing fare policy on the post-secondary student pass programs
at Brock University and Niagara College. Note that for this analysis it is assumed that the Post-Secondary UPass Program is tied
to enrollment, not student ridership, and thus remains constant under all future scenarios.
2022 2031
Start-of-Service Status-Quo Integrated Transit Fares
Regional Cash Fare $ 6.00 $ 6.00 $ 3.00 -$ 3.50
Local Cash Fare $ 3.00 $ 3.00 $ 3.00 -$ 3.50
Total Customer Journeys 6.2M –6.5M 6.8M 7.3M –10.8M
Student Customers 3.6M 3.7M 4.0M –5.4M
Non-student
Customers 2.7M –2.9M 3.0M 3.3M –5.4M
Total Revenue $ 18.2M -$ 18.5M $ 20.1M $ 20.3 –$ 29.2M
Post-Secondary Pass
Program Revenue $ 10.5M $ 11.6M $ 11.6M
General Fare Revenue $ 7.7M -$ 8.0M $ 8.5M $ 8.7M –$ 17.6M
Average Revenue per Trip $ 2.84 –$ 2.91 $ 2.91 $ 2.53 –$ 2.77
Note that costs and revenues represent real dollars ($2019) and are not adjusted for inflation
LNTC-C 4-2020
Appendix 2
Page 290 of 947
Specialized Transit Operating Cost Comparison
54
Future State Transit Service Plan
Operating Costs in Millionss$10.0
neillio$9.0
nsM$8.0
pe$7.0
Ex $6.0
ngita$5.0
rpe$4.0
Ol$3.0
nnua$2.0
A$1.0
$0.0
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Low Growth
High Growth
$ 5.6 $ 6.0 $ 6.4 $ 6.5 $ 6.6 $ 6.7 $ 6.8 $ 6.8 $ 6.9 $ 7.1 $ 7.2 $ 7.3 $ 7.4
$ 5.7 $ 6.2 $ 6.6 $ 6.8 $ 7.0 $ 7.3 $ 7.5 $ 7.7 $ 7.9 $ 8.1 $ 8.4 $ 8.6 $ 8.8
Integrated transit
service begins 20%
Note that costs and revenues represent real dollars ($2019) and are not adjusted for inflation
LNTC-C 4-2020
Appendix 2
Page 291 of 947
Major Capital Investments
55
While several key investments in technology and infrastructure will be required to address service growth
throughout the region,over $74M-worth of projects have committed funding from the federal and
provincial governments through ICIP and are anticipated to advance within the next few years.
•Up to 82, 40’ transit vehicles and 38, 60’ articulated transit vehicles by
2031 (in the High Growth scenario)
•Further consideration for facilities may be required as alternative
propulsion methods (e.g. hydrogen, battery-electric, etc.) are considered
$ 95,000,000 between 2021 and
2031 ($ 9.5M/year on average)
•Niagara Falls Transit indicated that they intend to commit capital funding
to improve existing terminal facilities within the City.$ 4,500,000 in 2020/2021
•A new facility will replace the existing Welland Transit Garage, and is
particularly useful for the high growth scenario
•The site is ideally situated in close proximity to most endpoints of inter-
municipal services, making it preferable for servicing and overnight
storage of those vehicles, in addition to vehicles assigned to Welland, Port
Colborne and Fort Erie
$ 13,000,000 to $ 16,000,000
in 2022 to 2025
•St. Catharines Transit has indicated that garage facility upgrades will be
required within the next ten years
•Services in St. Catharines will also experience the largest growth
requirements for fleet, which will further strain existing garage facilities
$ 15,000,000 to $ 20,000,000
in 2025 to 2027
•Integrated electronic fare collection system is required at launch
•It is anticipated that the existing ITS systems will require replacement
towards the end of the ten-year horizon.
•With a larger fleet and an expectation of changing technologies, this
investment will be substantial
Up to $ 7,500,000 for fare system
depending on technology
$ 20,000,000 to $ 30,000,000 in
2028 to 2030
Note that these are intended for consideration and high-level estimation of capital cost requirements and not
intended to replace a more fulsome business case or investment study.
LNTC-C 4-2020
Appendix 2
Page 292 of 947
Future State Transit Service
Plan
Summary
56
LNTC-C 4-2020
Appendix 2
Page 293 of 947
Integration Will Drive Ridership Growth
By way of investments and harmonization of services and fares,transit under an
amalgamated system is anticipated to become a more frequently used means of
transportation in the region, with ridership outpacing the status quo.
Key
Highlights
Transit ridership forecasts indicate a latent demand for inter-municipal transit travel that the existing disconnected
transit providers are unable to accommodate.As a result,transit ridership growth across the region is driven by
improved inter-municipaltransit tripsand improved connections to GO Transit rail services.
By investing in targeted projects and services to grow the transit mode share throughout the region,transit ridershipregion-wide could grow by over 80%by 2031 under an amalgamated transit service.
It is anticipated that Niagara Region,like its peer jurisdictions will experience a transit mode share growth of 30%to
130%within ten years of amalgamation.
Capital investment of between $70M and $155M between 2021 and 2031 may be required to address service and
demand growth.Provincial Gas Tax revenue could result in up to $50M - $80M in revenue over the same ten years.
Over $70M-worth of near-and mid-term projects have committed funds from the federal and provincial governments
through ICIP.
An integrated single fare is critical to driving ridership growth and could be achieved in a way that is revenue-neutral
if implemented progressively as ridership grows.While an integrated payment system and harmonized fare structure
will be required at the start of service,a single fare region-wide can be implemented over time.
Key
Considerations Operating costs could be impacted by governance decisions around harmonization of salaries and hourly rates for
staff and operators
Subsidy and alternative revenue generation will have to be considered,particularly the allocation of gas tax funds to
capital and operating expenses.
The new entity will be responsible for delivering and investing in service to drive aspirational ridership growth,no
matter what governance structure is implemented.
The new organization will be responsible for establishing transit service standards region-wide,which must balance
cost effectiveness of various transit modes with the necessary levels of service to increase ridership and improve the
public perception of transit’s effectiveness in Niagara Region.
Future State Transit Service Plan
57
LNTC-C 4-2020
Appendix 2
Page 294 of 947
Niagara Transit Governance
Study
Model Options,
Analysis, and
Recommendation
58
LNTC-C 4-2020
Appendix 2
Page 295 of 947
Introduction
Model Options, Analysis, and Recommendation
The third and fourth phases of work involved developing potential model options,
evaluating their potential,and ultimately recommending a preferred model for Niagara’s
integrated transit system.
Developing and Evaluating Potential Options
Once a thorough understanding of the current state of transit and the potential future growth in Niagara was complete,the information
gained was used to develop three potential governance models that would be capable of delivering transit services in the region and
meeting service expectations now,and in the future.
All three of these options were considered to be capable of meeting Niagara’s transit needs,but in order to determine which model would
be best suited for the region,a thorough analysis was undertaken during which each option was evaluated against a series of criteria that
spanned the domains of operations, finance,stakeholder equity and input, and ease of implementation.Once that analysis was completed,
the preferred model was identified.
This section contains an overview of each of the proposed transit system models,a description of the evaluation criteria used to evaluate
them against each other,and a summary of the results of this analysis.Moreover,the closing slides of this section contain a summary of the
rationale for the recommended model,a brief overview of some key risks and considerations that will need to be addressed as the
integration moves forward,and additionalinformation around organizationaland governance structurethat has been recommended.
Current State and
Leading Practices
Future State Transit
Service Plan
Model Options
Development Model Analysis Transition Planning
59
LNTC-C 4-2020
Appendix 2
Page 296 of 947
Model Options, Analysis, and
Recommendation
Model Options
Overview
60
LNTC-C 4-2020
Appendix 2
Page 297 of 947
Model Options Overview
Model Options Overview
Following the completion of the current state review,the jurisdictional scan,and the
development of the future state plan,three potential governance models were developed:
Limited
Commission
o Transit Service is governed by
a regional commission with
representation from local
elected officials.
o Commission reports to
Regional Council
o Strategic decision making for
Transit Service is directed by
Regional Council
o Relies on corporate services
but retains transit-related
services in-house
•Durham Region
Full
Commission
o Distinct entity independent
from Regional Council
o Governed by a board of
appointed members,
equitably selected by
Regional Council
o Responsible for all transit
planning and delivery
o Budget allotment approved
by Regional Council
o Makes limited use of Regional
services except where service
sharing does not impede
agility or independence
•Edmonton
•TTC
•St. Catharines
Regional
Division
o Division within Niagara
Region’s Public Works
department
o Regional Council remains the
governing body of the transit
division
o Strategic decision making for
Transit Service is directed by
Regional Council
o Integrated into the Regional
administration similar to
other service delivery
departments
•York Region
•Waterloo Region
Transit System Examples
61
LNTC-C 4-2020
Appendix 2
Page 298 of 947
Model: Limited Commission
Model Options Overview
The governance models highlighted in the previous slide have many similarities and
differences.The following slides contain a comparison of them by reviewing a few key
characteristics:
62
Governance
Structure &
Decision Making
•Commission membership is a combination of Local and Regionally elected
representatives and would have representation from all local area municipalities in
the Region, selected by their respective Council and appointed by Regional Council.
There is also opportunity for non-elected members of the public to be members of
Commission.
•Commission acts as an Advisory group to Council where strategic decisions for
service standards, service levels, budgets, and fares are made by Regional Council.
•Commission decision making is focused on operating policies to implement and
deliver transit services and collect fares.
Organizational
Structure and
Shared Services
•Will take advantage of Regional corporate services and therefore can expect a
reduction in FTE. Shared corporate support services can be purchased from Niagara
Region for areas such as Finance, HR, Legal, Service Planning, etc.
•To ensure adaptability, the Commission will retain such transit-related services as
procurement, fleet maintenance, and communications to ensure transit-specific
autonomy is provided but also allows leveraging of corporate supports.
Funding Sources
•Regional Council will make the funding decisions based on recommendations from
the Commission regarding annual service levels and fare strategy.
•Funding sources include transit fares, Provincial and Federal funds, with the
Municipality subsidizing net operating costs and funding the capital program.
LNTC-C 4-2020
Appendix 2
Page 299 of 947
Model: Full Commission
Model Options Overview
63
Governance
Structure &
Decision Making
•Commission would be a distinct entity incorporated through the Municipal Act and
independent from Regional Council. The Commission would be an agency of the
Region of Niagara through the Municipal Act.
•Governed by a Commission of appointed members, who are composed of a
combination of elected and non-elected individuals, nominated and appointed by
Regional Council.
•Commission is single point of responsibility for transit service planning and delivery
and is empowered to make strategic and operational decisions regarding transit
service planning and delivery based on the funding approval from Regional Council.
Organizational
Structure and
Shared Services
•Commission is a ‘purpose-built’ transit planning and delivery agency.
•Financial reporting for Transit Commission is independent of Regional Council and
has agency specific methods and systems in place.
•Transit agency-specific methods and systems in place for IT, HR, legal, service
planning.
Funding Sources
•Commission will set fare policy and deliver service within the budget allotment
approved by Regional Council.
•Funding sources include transit fares, Provincial and Federal funds, with the member
municipalities subsidizing net operating costs and funding the capital program.
LNTC-C 4-2020
Appendix 2
Page 300 of 947
Model: Regional Division
Model Options Overview
64
Governance
Structure &
Decision Making
•The Regional Council remains the governing body of the transit division (much like
Niagara Region Transit currently).
•A Transit Committee of Council should be created to provide oversight during
transition and early years of operation. Regional Council makes decisions for service
standards, service levels, budgets and fares.
•Staff administers the Transit program as approved by Regional Council to deliver
transit services and collect fares.
•Decision making for Transit Service is directed by Regional Council which has locally
elected representation.
Organizational
Structure and
Shared Services
•Transit Services are integrated into the Regional administration similar to other
service delivery departments.
•Corporate support services will be provided and charged to transit services as
determined by internal Regional policy.
Funding Sources
•Regional Council will make the funding decisions based on recommendations from
Staff regarding annual service levels and fare strategy.
•Funding sources include transit fares, Provincial and Federal funds, from the
Municipality subsidizing net operating costs and funding the capital program.
•Regional Council will determine tax levy and capital program needs and financing
through debentures, capital reserves and development charges.
LNTC-C 4-2020
Appendix 2
Page 301 of 947
Model Options, Analysis, and
Recommendation
Evaluating the
Different Model
Options
65
LNTC-C 4-2020
Appendix 2
Page 302 of 947
Overview of Criteria
66
Four separate evaluation categories were used to evaluate and compare the different
model options.Within each category are more detailed criteria upon which models were
evaluated.The results of this evaluation will then enable the selection of a recommended
model.
Recommended
Model
Stakeholder
Input and Equity
Stakeholder Input and Equity is the degree to
which the integrated transit entity makes decisions
in the best interest of the region,balances regional
transit priorities with regional equity, and allows
for local municipal autonomy and input
Governance and Operations
The governance and operational
characteristics that allow the transit
entity to achieve transit objectives
and accommodate future growth
Financial Impact
The financial implications of
implementing and operating the
integrated transit entity
Ease of
Implementation
The complexity associated with
transitioning from current state to
the integrated transit entity
LNTC-C 4-2020
Appendix 2
Page 303 of 947
Overview of Analysis
The following points provide additional context for the development of evaluation criteria
and how evaluation was conducted:
Perspective Taken for Analysis
o The objective of the model analysis is to determine which governance model would best deliver on the
ambitions outlined in the Future State Transit Service Plan.
o The Future State Tra n sit Service Plan was not a direct input into the governance structure
recommendation,however it provided critical context of how residents and workers in Niagara region will
utilize the services.Evaluation criteria may be perceived differently by different stakeholders.With
regards to the evaluation,models were assessed by looking at which best serves the interest of the
region and its aspirations to make transit a more viable alternative for commuters, students,residents,
and tourists alike.
Structure of this Section
o The Summary of Analysis section in the following slides provides the scores within the four evaluation
categories with a high-level rationale.The Harvey Ball Method was used, which depicts a visual
representation of the model comparison.This method was chosen at they are useful in demonstrating
the results of relative analysis,particularly for more qualitative measures.In the full ‘Model Analysis
Report’,greater detail is provided on the rationale for the ratings of each criteria.
Evaluation Category and Criteria Weighting
o To further analyze the results of the model options analysis,several different weighting scenarios were
applied to understand the impact that placing different levels of importance of particular categories or
criteria would have on the final recommendation.It was found that there was no impact and therefore no
weighting was applied.67
LNTC-C 4-2020
Appendix 2
Page 304 of 947
Assumptions
To compare these different model options,some key assumptions were made to ensure a
thorough and fair evaluation:
1.Initial transit services will be based on transfer of existing services
Meaning that service levels and commitments will remain largely the same for all municipalities at launch of
the integrated transit entity for a defined period of time (likely 2-3 years,in agreement with Local Area
Municipalities),with some expansion of service over the few years to ensure consistency across the region.
2. Cummings Principle will be used to transfer assets
The premise of the Cumming Principle is to transfer assets (and related outstanding liabilities),from one
municipality to another with no additional compensation since transferring assets for additional
compensation results in the taxpayer paying twice for the same public asset.This Principle has been applied
for over four decades in the municipal setting throughout Ontario,and in the vast majority of transit
consolidations reviewed as leading practices.The use of the Cummings Principle is also well aligned to the
guiding principle of fairness,which respects the existing investments made by communities on behalf of
taxpayers.
3.Investments in service will meet the transit demands across the network
This includes ensuring that the span of service across the Region is consistent and that all parts of the region
have access to some form of transit service on a prioritized basis over time,and that as demand grows,
service levels will increase to meet the demand.
Evaluating the Different Model Options
68
LNTC-C 4-2020
Appendix 2
Page 305 of 947
Model Options, Analysis, and
Recommendation
Summary of Analysis:
Governance and
Operations
69
LNTC-C 4-2020
Appendix 2
Page 306 of 947
Summary
70
The governance and operational characteristics that allow the transit entity to achieve
transit objectives and accommodate future growth.
Criteria Description Limited Commission Full Commission Regional Division
Authority and
Accountability in
Driving Change
Speaks to the accountability and
decision making power held by the
transit entity.
Agility and
Flexibility
Ability for the entity to move from
decision to action,and to react
quickly to environmental changes,
new legislation, advancing
technology,and changing user
demands.
Accommodates
Future Growth
Ability of the future transit entity to
respond to projected ridership and
service growth forecasted in the
Future State Transit Service Plan.
Public
Perception
Public perception refers to the
brand and image of the transit
entity in the eyes of the citizens it is
designed to serve.
No alignment Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 307 of 947
Authority and Accountability in Driving Change
Category: Governance and Operations
A transit entity with greater authority to drive change is one that can make decisions to
build the desired transit network in Niagara while demonstrating accountability to the
public in order to maintain ongoing support for continued transit investment and growth.
Model Assessment Rationale
Limited Commission
The Limited Commission drives operational decision making and
makes recommendations to Council on strategic matters,but may
be viewed as less regionally accountable where recommendations
are more locally focused resulting in lost support for transit growth.
Full Commission
The Full Commission is a separate body that operates independently
of Regional Council apart from regular reporting and budgetary
approvals, and are accountable for their own decisions,to maintain
public and political support for ongoing transit investment.
Regional Division
The Regional Division model would rely on Regional Council for
decision making and is expected to make more regionally-focused
recommendations, although their accountability and support will be
based on the broader perception of other Regional services delivery.
While Regional Council maintains control over annual funding approvals,the Full
Commission is still more empowered to drive change and influence transit in Niagara
Region than the other two models and will be directly accountable for their decisions to
maintain public and political support for ongoing transit investment.
71
LNTC-C 4-2020
Appendix 2
Page 308 of 947
Agility and Flexibility
Category: Governance and Operations
The agility and flexibility of the transit entity refers to its ability to move from decision to
action,and to react quickly to environmental changes,new legislation,advancing
technology,and changing user demands.
Model Assessment Rationale
Limited Commission
The challenges associated with the Limited Commission being an
external organization but still relying on Council for key decisions
and approvals will reduce its agility significantly.
Full Commission
The Full Commission’s ability to make decisions and quickly
reprioritize as needed makes it more agile and flexible than the
other models.
Regional Division
The Regional Division benefits from its location within the Regional
structure to make best use of shared services and understand
competing priorities,but must still seek Council approval and
coordinate with other Departments before taking action on strategic
matters .
Full Commissions is more capable of reacting to environmental change, moving from idea
to action,and mobilizing their workforce to pivot and respond to external pressure and
needs.
72
LNTC-C 4-2020
Appendix 2
Page 309 of 947
Accommodates Future Growth
Category: Governance and Operations
Accommodation of future growth speaks to the ability of the future transit entity to respond
to projected ridership and service growth forecasted in the Future State Transit Service Plan.
Model Assessment Rationale
Limited Commission
Though exclusively focused on transit and able to leverage
economies of scale,the Limited Commission may be less
apt to making growth decisions with a regional lens.
Full Commission
The Full Commission’s ability to make regionally-focused
decisions and be flexible to growing and changing needs
make it more able to accommodate it.
Regional Division
A Division's ability to secure ongoing funding,make
regionally-focused decisions,and better coordinate with
other regional services position it well to accommodate
future growth.
The ability to accommodate future growth will be largely based on funding and ability to
make regionally-focused decisions,thus making the Full Commission and Regional Division
the strongest options.
73
LNTC-C 4-2020
Appendix 2
Page 310 of 947
Public Perception
Category: Governance and Operations
Public perception refers to the brand and image of the transit entity in the eyes of the
citizens it is designed to serve.
74
Model Assessment Rationale
Limited Commission
At launch,a regionally-focused transit entity delivering
integrated and equitable service to Niagara residents can be
expected to receive favorable feedback from the public.
However,neither a Commission or Regional Division
governance model will hold an advantage in the long-term,
as these systems have each received a share of scrutiny and
critical attention from the public and media in the past.
Ultimately,the new entity’s perception will be built around
its service consistency and quality,communication,
branding initiatives,and accountability.
Full Commission
Regional Division
Either Commission or Regional Division model options are equally susceptible to scrutiny
given historical controversies,and risk mitigation strategies and proper accountability
measures will need to be incorporated into any chosen model.
LNTC-C 4-2020
Appendix 2
Page 311 of 947
Model Options, Analysis, and
Recommendation
Summary of Analysis:
Financial Impact
75
LNTC-C 4-2020
Appendix 2
Page 312 of 947
76
Financial Impact
Summary
The financial implications of implementing and operating the integrated transit entity.
Criteria Description Limited Commission Full Commission Regional Division
Lower Cost of
Implementation*
The costs of implementing each
model are associated with the
complexity and the size of the
organizations proposed.
Operating Cost
Efficiency*
Operating costs and efficiencies
relate to how much a transit
agency will spend,but more
importantly how effectively those
dollars are allocated to services
throughoutthe region.
Financial
Decision Making
Financial decision making refers to
decisions leading to transit
operating and capital costs,and
decisions regarding how to
generate the necessary funding,
and ability to secure budget
approvals.
Potential for
Ongoing
Financial Support
The potential for ongoing financial
support to fund the necessary
investment to build and maintain a
transit network which offers
seamless travel within Niagara,
while also supporting connections
with GO Transit services.
No alignment Little alignment Somewhat aligned Well aligned Strongly aligned
*With regards to Costs of Implementation and Operating Cost Efficiency, a full circle represents lower relative costs
LNTC-C 4-2020
Appendix 2
Page 313 of 947
Category: Financial Impact
Lower Cost of Implementation*
The costs of implementing each model are associated with the complexity and the size of
the organizations proposed.
77
Model Assessment Rationale
Limited Commission 2 Both the Limited and Full Commission models will require
an investment in start-up costs. These costs would include
the legal costs associated with establishing the Commission
in the Municipal Act and associated local bylaws as well as
selecting and moving staff and physical resources to a
consolidated office location.Full Commission 2
Regional Division 2
Implementing a Regional Division in municipal bylaw will
likely require less effort. However the costs are not
anticipated to be substantially lower than the Commission
models.
The governance model options are anticipated to have similar order of magnitude'
implementation costs
No alignment Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 314 of 947
78
Financial Impact
Operating Cost Efficiency*
Operating cost efficiency relates to how effectively those operating expenses are at
providing highly efficient transit services.
Model Assessment Rationale
Limited Commission
The Limited Commission will have budgetary restrictions and be required to
provide the desired service levels within their approved annual budget.
However,a Limited Commission may receive greater local area municipality
input on day-to-day service-related decisions which may result in changes to
service that require sacrifices to service efficiency to address other priorities.
Full Commission
The Full Commission will likely have the greatest budgetary restrictions and will
have to ensure that all operations and unanticipated changes to the service are
accommodated within their approved annual budget.As such,they will likely be
required to providethe most effective service within their financial means.
Regional Division
Regional Division will have greater budgetary flexibility,being able to capitalize
on budget savings in other regional departments to make unanticipated
changes to service.Additionally,a Regional Division may receive greater local
area municipality input in day-to-day service-related decisions which may then
be supported by budgetary amendments at council rather than identifying
internalefficiencies.
A Full Commission could provide the greatest value for operating expenses invested in
service by ensuring that services are allocated as efficiently as possible within budgetary
constraints.This trend seems to be supported by peer agency review.
No alignment Little alignment Somewhat aligned Well aligned Strongly aligned
*With regards to Costs of Implementation and Operating Cost Efficiency, a full circle represents lower relative costs
LNTC-C 4-2020
Appendix 2
Page 315 of 947
Category: Financial Impact
Financial Decision Making
Financial decision making refers to decisions leading to transit operating and capital costs,
along with decisions regarding how to generate the necessary funding, and the ability to
secure budget approvals.
79
Model Assessment Rationale
Limited Commission
The Limited Commission defers to Council for all strategic
decisions,which are informed by recommendations from
the Commission.
Full Commission Apart from annual operating and capital budget approvals,
all financial decisions are made by the Commission.
Regional Division The Regional Division must take a broader look at regional
priorities when recommending action to Council.
Regional Council holds the ultimate financial decision-making responsibility through the
approval of the annual budget for all models,but the Full Commission Model has the most
independence to make strategic decisions which drive financial outcomes for transit
services.
Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 316 of 947
Category: Financial Impact
Potential for Ongoing Financial Support
The potential for ongoing financial support to fund the necessary investment over several
years,to build and maintain a transit network which offers seamless travel within Niagara,
while also supporting connections with GO Transit services
80
Model Assessment Rationale
Limited Commission
Financial recommendations to Council may not be
supported if they are deemed to be too locally focused or
not viewed as forwarding regional priorities.The budget
request would be separate from the Region’s internal
budgetary process.
Full Commission
While exclusively focused on transit,the Full Commission
may be less aligned with other regional priorities and
achieve less Council support.The budget request would be
separate from the Region’s internal budgetary process.
Regional Division
This model offers the closest integration with other regional
priorities and thus increases the potential for ongoing
financialsupport.
Regional Council holds the ultimate financial decision-making responsibility,and the
Regional Division offers an advantage by being integrated and aligned with other internal
Regional priorities and can leverage this to obtain ongoing financial support.
Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 317 of 947
Model Options, Analysis, and
Recommendation
Summary of Analysis:
Stakeholder Input
and Equity
81
LNTC-C 4-2020
Appendix 2
Page 318 of 947
82
Stakeholder Input and Equity
Summary
Stakeholder Input and Equity is the degree to which the integrated transit entity makes
decisions in the best interest of the region,balances regional transit priorities with regional
equity,and allows for local municipal autonomy and input.
Criteria Description Limited Commission Full Commission Regional Division
Equity
Ability to balance the needs and
perspectives of larger and smaller
municipalities.
Serves the
Public Interest
The degree to which the
integrated transit agency can
make decisions that contribute to
the broader public good and the
region’s aspirations overall,and
informed by public engagement
and input.
Municipal Input
The degree to which local area
municipalities will be able to
provide input into service
planning and delivery decisions,
while also maintaining local
autonomy.
No alignment Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 319 of 947
Category: Stakeholder Input and Equity
Equity
A transit entity with greater consideration of equity will be able to balance the various
needs and interests across Niagara Region,and can implement decisions that may not
always be the most popular,cost-effective,or well received by a particular community.
83
Model Assessment Rationale
Limited Commission
Due to the Limited Commissions more diverse and LAM-
representative composition it is better suited to take on
broader municipal input into the design of standards and
strive to make them more equitable.
Full Commission
The Full Commission’s independence allows it more
flexibility to effectively apply the standards,however it is
less effective at incorporating a regional focus.
Regional Division
This model can more effectively design standards through a
broader approach to equity, but is less suited to apply the
standards without influence.
The Limited Commission holds a slight advantage in terms of ability to promote equitable
transit service delivery through more diverse and transit-focused decision making,and less
impacted by external influence and political considerations.
Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 320 of 947
Category: Stakeholder Input and Equity
Serves the Public Interest
The degree to which the integrated transit agency can make decisions that contribute to
the broader public good and the region’s aspirations overall,and informed by public
engagement and input.
84
Model Assessment Rationale
Limited Commission A Commission model, whether Limited or Full, is similarly able to
gather public input on transit services,in a more focused manner
through an emphasis on transit users to inform decision making and
long-term plans.It is recommended that an advisory committee be
considered to ensure that stakeholder input is heard and reflected
within the Commission model.Full Commission
Regional Division
Long term planning for transit should not only consider community,
and the built environment but can influence future decisions made
for the region to align transit and broader community needs.
A Regional Division holds an advantage, as the Region already provides a multitude of
services that are connected to transit planning. Leading practices demonstrate that transit
cannot be viewed as an isolated service,rather it is integrated with other disciplines.
Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 321 of 947
Category: Stakeholder Input and Equity
Municipal Input
The degree to which local area municipalities will be able to provide input into service
planning and delivery decisions,while also maintaining local autonomy to influence tax
policy related to municipal transit to enhance or increase local service.
85
Model Assessment Rationale
Limited Commission
This model provides LAMs with the greatest degree of input
and influence over transit decision making through Regional
Council and the representative Commission.
Full Commission
The Full Commission model is more independent and
provides flexibility for LAMs to exert local autonomy and
increase local services,but decreases their direct influence
on overall decision making.
Regional Division
A Regional Division leverages existing decision-making
structure and representation within Regional Council to
make decisions regarding transit operations.
Overall,both Commission models allow for comparable degrees of municipal input into
transit-related decisions and autonomy to influence local service,though the Limited
Commission allows for more direct LAM input.
Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 322 of 947
Model Options, Analysis, and
Recommendation
Summary of Analysis:
Ease of
Implementation
86
LNTC-C 4-2020
Appendix 2
Page 323 of 947
Summary
87
The complexity associated with transitioning from current state to the integrated transit
entity.
Criteria Description Limited Commission Full Commission Regional Division
Staffing
Resources
Impacts
Degree of suitability of the model
with regards to transferring human
resources to new entity,including
the impact on FTE count.
Labour
Relations
Degree of suitability of the model
with regards to conducting
negotiations and harmonizing
collective agreements.
Legal
Implications
Degree of suitability of the model
with regards to the legal formation
of the new transit entity.
Asset Transfer
Implications
Degree of suitability of the model
with regards to implementing the
Cummings Principle to the
required transfer of assets from
the local municipalities to the new
entity.
No alignment Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 324 of 947
Category: Ease of Implementation
Staffing Resources Impacts
Degree of suitability of the model with regards to transferring human resources to new
entity,including the impact on FTE count.
88
Model Assessment Rationale
Limited Commission 1
A Limited Commission may require the same or greater investment
in staff resources than a Full Commission in order to handle the
more frequent interactions with Regional Council despite the
natural opportunities for increased utilization of shared services
over a Full Commission.
Full Commission 1 A Full Commission will require greater investment in in-house staff
resources since it will likely duplicate the majority of services that
could otherwise be shared in a Regional Division.
Regional Division 3
A regional division will benefit from shared services in lowering their
dedicated headcount.However,it is unclear what the FTE impact
would be on the divisions responsible for providing the shared
services.
The Regional Division will benefit from shared services opportunities to lower the
headcount over either commission models.However,consideration must be made for the
staffing required in partner divisions that will provide those shared services.
Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 325 of 947
Category: Ease of Implementation
Labour Relations
Degree of suitability of the model with regards to conducting negotiations and harmonizing
collective agreements.
89
Model Assessment Rationale
Limited Commission 3
While a Limited Commission would be a separate entity and engage
in its own bargaining practices,it is likely that decisions will be
guided by CBA’s already negotiated at other Regional entities.
Full Commission 4
A Full Commission would have full autonomy over its bargaining
agreements with the transit unions across the region,and the
shared understanding of transit operations will benefit negotiations
to a greater degree than other models.
Regional Division 2
A Regional Division will be beholden to negotiations and other
agreements already in place in other Regional entities.Additionally
it is possible that with other bargaining priorities the Region may
not be able to negotiate.
Since a full commission will have the greatest autonomy over its own labour relations,it is
likely that it will be easiest to transition these resources and agreements of the three
proposed models.
Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 326 of 947
Category: Ease of ImplementationLegal Implications
Degree of suitability of the model with regards to the legal formation of the new transit
entity.
90
Model Assessment Rationale
Limited Commission 2
Both commission models will require an extensive municipal
engagement process in order to change the Municipal Act to form
the Transit Commission.This will likely involve obtaining the Triple-
Majority from local city councils prior to passage at Regional
Council.Only then will the amendment be submitted to the
Province for approval.Establishing an appropriate mechanism for
local municipalities to exercise their autonomy would be critical in
the establishing amendments and how their representation on the
commission is structured.
Full Commission 2
Regional Division 3
A regional division can be established directly by Regional Council
through a bylaw amendment that allows the Region to assume
responsibility of transit services.Negotiating the transfer of transit
assets,liabilities and operating agreements may be met with some
resistance from the local municipalities and establishing appropriate
mechanisms to maintain local autonomy could be challenging.
While the Regional Division will be the most straightforward governance model to
implement,owing to the fact that it should not require amendments to the Municipal Act,
its acceptance by the local municipalities may be contingent on an appropriate
mechanism to ensure their local autonomy over decision-making,particularly as it relates
to their continued inclusion within this entity and the negotiation of asset transfer.
Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 327 of 947
Category: Ease of Implementation
Asset Transfer Implications
Degree of suitability of the model with regards to implementing the Cummings Principle to
the required transfer of assets from the local municipalities to the new entity.
91
Model Assessment Rationale
Limited Commission 2
With the Limited Commission reporting directly to Regional Council
on an ongoing basis for decision-making,there may be some
concerns with respect to turning over local control of assets to a
commission with less independence.
Full Commission 3
A Full Commission will likely be best positioned to negotiate the
transfer of assets,particularly if sufficient independence is
established from Regional Council, and appropriate local municipal
representation is provided.
Regional Division 1
Since a Regional Division will be managed directly by Regional
Council without ongoing decision-making input from local
municipalities,it is possible that there could be concerns regarding
asset transfer from the local municipalities.
The Full Commission is best suited to accomplish the asset transfer through the
implementation of the Cummings Principle so long as it is established as sufficiently
independent from Regional Council.
Little alignment Somewhat aligned Well aligned Strongly aligned
LNTC-C 4-2020
Appendix 2
Page 328 of 947
Model Options, Analysis, and
Recommendation
Recommended
Model
92
LNTC-C 4-2020
Appendix 2
Page 329 of 947
Recommended Model
Summary of Analysis
A side-by-side comparison showing where each model performed best within each evaluation
criteria.Based on the in-depth analysis conducted, the Full Commission ranked higher in most
categories.keholderSta Ease of Governance & Input and l ImpactFinanciaentationImplemOperationsEquityLimited Regional Neutral across Full Commission Criteria Commission Division all models PreferredPreferred Preferred
Authority and Accountability ✔in Driving Change
Agility and Flexibility ✔
Accommodates Future Growth ✔
Public Perception ✔
Lower Cost of Implementation ✔
Operating Costs and ✔Efficiencies
Financial Decision Making ✔
Potential for Ongoing Financial ✔Support
Equity ✔
Serves the Public Interest ✔
Municipal Input ✔
Staffing Resources Impacts ✔
Labour Relations ✔
Legal Implications ✔
Asset Transfer Implications ✔93
LNTC-C 4-2020
Appendix 2
Page 330 of 947
Recommended Model
Recommendation: Full Commission
o
o
o
o
As the analysis demonstrates, the preferred model and recommendation is the Full Commission.
Full
Commission
o Distinct entity independent
from Regional Council
o Governed by a board of
appointed members,
equitably selected by
Regional Council
o Responsible for all transit
planning and delivery
o Budget allotment approved
by Regional Council
o Makes limited use of
Regional services except
where service sharing does
not impede agility or
independence
Regional
Division
o Division within Niagara
Region’s Public Works
department
o Regional Council remains
the governing body of the
transit division
o Strategic decision making for
Transit Service is directed by
Regional Council
o Integrated into the Regional
administration similar to
other service delivery
departments
94
Limited
Commission
Transit Service is governed
by a regional commission
with representation from
local elected officials.
Commission reports to
Regional Council
Strategic decision making for
Transit Service is directed by
Regional Council
Relies on corporate services
but retains transit-related
services in-house
The Full Commission model brings the right degree of autonomy and flexibility to
innovate, drive growth, and meet the diverse and changing needs of the region.
LNTC-C 4-2020
Appendix 2
Page 331 of 947
Benefits of the Full Commission
95
Ultimately,the analysis led to the conclusion that the Full Commission is the most suitable
model for Niagara.While many factors went into this recommendation, two of the chief
benefits that made the Full Commission more attractive than other models were:
The Financial Benefits
o The Full Commission will likely have the most cost-
efficient service, in part due to a more streamlined
decision-making process and being restricted to provide
the most effective service within the means previously
defined in the annual budget.
o From a dollars and cents perspective, a Full Commission
is the more costly of the models in terms of
administrative costs, but less costly on a per trip basis
than other models due to a higher utilization of services.
o This is particularly important when looking to the future
and considering what ridership growth may be, and how
services may expand to serve regional needs.
o The Full Commission has the greatest flexibility to make
strategic decisions which drive financial outcomes for
transit services and is best positioned to make regionally-
focused investments in service growth.
The Autonomy of the Full Commission
o The independence of the Full Commission grants it
several advantages that make it the most suitable option
for the growth potential of transit in Niagara.
o With this independence, the Full Commission can remain
more focused solely on transit and is more capable of
formulating its own responses to trends and pressures,
making and owning decisions, and driving necessary
change at a strategic and operational level.
o This governance model is able to move from idea to
action quickly and reprioritize its resources to meet
emerging demands and accommodate growth.
o The autonomy of the Full Commission provides it
advantages with respect to negotiating important
elements such as collective bargaining agreements and
the transfer of assets.
The Full Commission is best suited to grow transit in the region while delivering
the high quality, innovative, and seamless transit services that the citizens of
Niagara deserve
LNTC-C 4-2020
Appendix 2
Page 332 of 947
Risks and Considerations
96
Identifying risks and developing mitigation strategies will be an important consideration for
the implementation of the Commission model.While a more detailed exploration of risks is
contained in the Transition Plan,some important elements to consider include:
Public
Perception
While the launch of an independent entity designed to make regional transit easy and affordable for residents is
likely to be viewed positively in the eyes of the public, the independence of a Full Commission could be a
drawback as well, given that Regional Commissions in Niagara have previously faced accusations related to
transparency and accountability.
It will be particularly important moving forward that the Full Commission build and maintain open
communication and engagement with the public, LAMs, and Regional Council, and continually instill confidence
with these stakeholders through strong service and accountable governance and operations.
Misalignment
with Regional Priorities
With its separation from the Regional structure, there is a risk that a Full Commission will not be aligned with
other Regional priorities and services. This could include initiatives related to poverty reduction, economic
development, environment, accessibility, and more.
Developing strong communication channels and a culture of inter-municipal collaboration, providing regular
updates to Regional and Municipal Councils, and viewing transit as a service to be integrated with other
priorities, rather than isolated, will be critical to ensuring the integrated entity contributes to overall
development of the region.
Complexity of
Integration
Creating a new entity is a complex and challenging undertaking that will require the coordination and support
of many different stakeholders. The implementation of this entity, from preliminary engagement of LAMs, to
passage at a Council level, to the official launch will require significant and dedicated financial and human
resources.
Failure to commit what is needed for implementation could result in delays and overruns. Having the proper
resources in place to launch this entity will be critical for navigating the complex early stages of transition.
LNTC-C 4-2020
Appendix 2
Page 333 of 947
Model Options, Analysis, and
Recommendation
Organizational and
Governance Structure
Recommendations
97
LNTC-C 4-2020
Appendix 2
Page 334 of 947
Organizational and Governance Structure Recommendations
Overview
An organizational and governance structure for the new Commission model must be
determined. Listed in this section are recommendations regarding key functional areas to
include in the organizational structure,as well as considerations and a recommended
composition for the Commission governance structure.
o As it relates to the organizational structure,a series of functional areas have been recommended for the
consideration of the Commission.These can be amalgamated or divided as the Commission sees fit,
however it is important to note that the span of control (the number of pillars across the organization)
should complement the size of the organization and preferred leadership structure and encourage cross-
functional collaboration.
o The organizational structure and positions within it (titles and positions shall be determined by the
Commission)should be continually reassessed to ensure that it fits the strategic objectives of the
Commission.
o The proposed composition of the Commission took into consideration different models, and best
practices for good governance,and should be reviewed after 2 to 3 years of operation,by an
independent third party to ensure that the board’s size,composition and skills ensure it is an effective
governing body and achieving the strategic objectives of the Commission.
o Both the organizational and governance structures of the Commission are preliminary and would be
confirmed through the transition and implementation activities,by the Commission.
98
LNTC-C 4-2020
Appendix 2
Page 335 of 947
Proposed Organizational Structure
99
Outlined below is the proposed organizational structure for the Commission:
Office of the
General
Manager
Corporate
Services Operations Strategy &
Innovation
Board of
Directors
Customer Service
&
Communications Fleet & Facilities
Human Resources &
Labour Relations
Finance
Partnerships &
Stakeholder
Relations
Information Technology
Indicates Potential
Shared Services
Procurement
Legal
Conventional
Transit Service
Delivery
Safety, Security &
Fare Management
Specialized Transit Service Delivery
Transformation
Office
Data & Analytics
Strategy & Service
Planning
Fleet Management
Transit
Technology
Facilities
Management
Customer
Experience Group
Customer Service
Communications
Alternative & On-
Demand Service Delivery
LNTC-C 4-2020
Appendix 2
Page 336 of 947
Proposed Governance Structure
100
Outlined below is the overall reporting structure for the proposed governance structure of
the Commission.The CEO or General Manager would report to the board whereas the
Advisory Committee provides non-binding advice to the Commission.
Advisory
Committee
Board of
Directors
CEO/General
Manager
Corporate
Services Operations Strategy &
Innovation
Customer Service
&
Communications Fleet & Facilities
LNTC-C 4-2020
Appendix 2
Page 337 of 947
Commission Membership Options
101
Membership structure of the Commission may fall on a continuum similar to the one below,
each with its own advantages and challenges.Whereas elected officials are accountable
to the public and represent local municipal interests,skills-based members bring a diverse
set of skills and are less restrained by municipal interests.
Elected members of
Regional Council appointed
to the Commission. Definition
Non-elected representatives, with
skills in public transportation,
finance, strategy, business
operations, legal, etc.
Hybrid
Toronto Transit Commission
London Transit Commission
St. Catharines Transit
Commission
Niagara Parks Commission
Elected Skills
Durham Transit
Edmonton (pending
approval)
MetrolinxExamples
A hybrid governance structure is recommended for Niagara, as it allows a
combination of elected officials and skills-based members to provide guidance
and oversight
LNTC-C 4-2020
Appendix 2
Page 338 of 947
Membership Recommendations
o
The recommended structure is a hybrid,including elected officials and skill-based members
for effective and balanced governance of the Commission.
A hybrid board governance structure is recommended for Niagara, as it provides a combination of elected
officials and skills-based members.This allows member municipalities to represent local interests and for
elected officials to have stewardship over the resources allocated to the Commission.In addition,skilled
members can fill any gaps in skills or experience particular to the Commission through those who have
experience in the industry or more broadly.
o The proposed governance structure should be reviewed after 2 to 3 years of operation,by an
independent third party to ensure that the board’s size,composition and skills ensure it is an effective
governing body and achieving the strategic objectives of the Commission.
o In recommending the proposed governance body,the size of the body as well as the breakdown of
elected and skilled members was considered.In line with leading practices,a board between 7 and 12
members is recommended for effective and efficient decision making.The proposed composition also
took into consideration the dynamics between elected and skilled members and ensured that there was
an almost even split between the two constituencies of the board for balanced oversight.
o It is recommended that a Nominating Committee of the Regional Council should select the Chair from
among elected officials and the Vice-Chair be selected from among the skilled members for balanced
leadership.
o Alternatively,a larger number of elected representatives of the local area municipalities was considered,
however due to the reporting relationship to Regional Council,it was determined that the voice of
elected members would be well represented.
102
Note: Any previous relationships and governance bodies for transit reporting would cease to exist once the Commission has been
established (i.e. the Linking Niagara Transit Committee, NGTS CAO Working Group and the Inter-Municipal Working Group (IMTWG))
LNTC-C 4-2020
Appendix 2
Page 339 of 947
Proposed Composition of the Commission
103
Outlined below is the proposed composition of the Commission,which would be appointed
by a Nominating Committee of the Regional Council.
Members of Regional Council
(1)Welland
(1) St. Catharines
(1) Niagara Falls
(2) Niagara Municipalities [Selected amongst representatives of: West Lincoln,
Lincoln, Grimsby, Pelham, Thorold, Niagara on the Lake, Wainfleet, Fort Erie, and Port
Colborne]
Skill-based or Public Members
(4) Skills-based or Public members (appointed/nominated)
Ex-Officio
(1) General Manager (non-voting member)
9 voting members
LNTC-C 4-2020
Appendix 2
Page 340 of 947
Membership Criteria
Skills based or Elected Public members of the board would be appointed based on their
qualifications,and their ability to contribute to strategic decision making.
Skills based or Elected Public members of the board shall have executive-level and governance experience
with a range of skills,knowledge,and experience with one or more large organizations.These members may
provide knowledge on several different perspectives including finance, human resources,legal,public transit,
etc.Some criteria that is considered for public members includes, but is not limited to:
o strategic business management;
o financial management, accounting, law, and engineering;
o customer service or marketing management;
o management or planning with a rail or public transit organization, or understanding and/or
experience with transit operations;
o transformative change management;
o formulation and/or management of public-private partnerships;
o capital project/construction management or capital procurement/supply chain management;
o operations and information technology;
o labour relations/industrial safety management; or,
o professional knowledge and working experience of urban sustainability, intersectionality, and
inclusive governance.
104
LNTC-C 4-2020
Appendix 2
Page 341 of 947
Proposed Advisory Committee
105
In order to incorporate the local and public interests within the region into the decision-
making structure of the Commission,an Advisory Committee is recommended.
Advisory Committee
(12) Niagara region residents
(2)Members of the Accessibility Advisory Committee
(2)Member of a student association from Niagara College and Brock
University
(1)Member of Niagara Chamber of Commerce
(1)General Manager, or designate
o The composition of the Advisory Committee should balance the membership structure of the
Commission and can have input into the policies, procedures and operational concerns
o The Advisory Committee would be supported by Commission, and it is recommended they
meet 1 to 2 times annually, as needed.
o By establishing an advisory body, the Commission will gain insights into current and upcoming
challenges or opportunities and explore these in a thorough way
o It is recommended that a blended approach of broad public consultation and soliciting input
of the advisory committee be employed
LNTC-C 4-2020
Appendix 2
Page 342 of 947
Model Options, Analysis, and
Recommendation
Summary
106
LNTC-C 4-2020
Appendix 2
Page 343 of 947
Model Options, Analysis, and Recommendation
Summary
The development and analysis of model options,along with the recommendation of the
Full Commission,represent one of the most significant undertakings of this study.
107
Key
Takeaways Following the completion of the current state review, the jurisdictional
scan, and the development of the future state plan, three potential
governance models were developed.
An analysis of each model option was performed against a range of
evaluation criteria to determine which model was the preferred option for
Niagara.
While all models have the potential to successfully integrate and lead
transit services in Niagara, the Full Commission Model was recommended
as it brings the right balance of autonomy and flexibility to innovate, drive
growth, and meet the diverse and changing needs of the region.
A nine member hybrid governance structure has been recommended as it
allows a combination of elected officials and skills-based members to
provide guidance and oversight of the Commission.
LNTC-C 4-2020
Appendix 2
Page 344 of 947
Niagara Transit Governance
Study
Transition Planning
108
LNTC-C 4-2020
Appendix 2
Page 345 of 947
Transition Planning
Introduction
The fifth and final phase of this study involved plotting out the key steps and timelines
required to amalgamate all of the transit systems in the region into the recommended Full
Commission Model.
Planning for Change
Once an integrated transit governance model was identified and recommended for Niagara,the final phase of this project involved
outlining implementation activities*needed to move existing transit services and their supporting resources into this integrated model.In
order to ensure a thorough and feasible transition from the current to future state,a five-phase transition plan was developed that
identified the key milestones and the expected timelines for their completion.
The transition to this integrated system,from preliminary approval all the way through to the new organization taking charge of transit
services in Niagara, is expected to take approximately two years,with additional time then required before new services can be launched.
In fact,a principle in the development of the Transition Plan was to limit service enhancement and growth activities in the first years of
operation. A key learning from the jurisdictional scan was to avoid taking on too many new initiatives early in the life of the Commission
and focus rather on integrating existing services and stabilizing operations over a few years before beginning major projects.
In the following slides,please find a high-level summary of the Transition Plan,which provides an overview of key steps and timelines for
each phase of implementation.This section also ends with a summary of forecasted costs of the transition to the integrated transit system.
*It should be noted that while this Transition Plan recommends activities that need to be carried out, along with their sequencing, the group
tasked with leading the transition will need to validate and refine this,and build-out further levels of detail to guide day-to-day activities.
Current State and
Leading Practices
Future State Transit
Service Plan
Model Options
Development Model Analysis Transition Planning
109
LNTC-C 4-2020
Appendix 2
Page 346 of 947
Transition Planning
Implementation Phases
Transition activities are divided across five distinct phases of work:
110
Commission
Setup
Service
Launch
Enhancement
Growth2345
Includes activities
leading up to, and
including, a phased
political approval
process that concludes
with the submission of
recommendations to
LAM and Regional
Councils to seek triple-
majority approval to
create the Commission
Integration
Approval
Process 1
This phase of work
encompasses activities
related to the legal
establishment of the
Commission as a
municipal service board
and concludes with the
appointment of
members to the
Commission
This phase includes work
associated with getting
the Commission ready to
take on responsibility for
transit services in the
region, including
establishing policies and
processes, filling key
roles, and negotiating
and executing transfer
agreements
This begins with the
Commission officially
taking on responsibility
for transit services in the
region and key activities
for the first 2 years of
operation to ensure a
smooth transition
This phase includes
longer-term activities
that the Commission
will undertake to
continue developing its
organization and
planning for the future
Approx. 9 Months Approx.2 months Approx.1 Year Years 1-2 of
Operation
Year 3+ of
Operation
Ongoing Project and Change Management Activities
LNTC-C 4-2020
Appendix 2
Page 347 of 947
Considerations for Transition Planning
111
Considerations for future-state planning encompassed six primary categories of activities
within the phases of work:
Governance
Key factors for the initial planning include the
development of a governance structure to
manage transition, appointing Commission
members, and providing oversight for major
integration activities.
Service Delivery
Key factors for service delivery
planning include determining transfer
routes, fare structures, and standards
development.
Financial
Key factors for financial planning include the
development of a tax levy plan, insurance,
development charges and budgetary
planning.
Operations
Key factors to consider for operations
include policy development, service
dispatch and control, review of
technology solutions and the
maintenance program.
Legal
Key factors for legal
planning include determining
the appropriate legislative
requirements for the new
integrated agency,
development charges, asset
transfers and contract
management.
Human Resources
Key factors for human resources planning
include the development of an HR plan,
organizational structure design, and union
negotiations.
LNTC-C 4-2020
Appendix 2
Page 348 of 947
Transition Plan
Implementation
Activities
112
LNTC-C 4-2020
Appendix 2
Page 349 of 947
1
Phase 1: Integration Approval Process
Integration Approval Process Overview
2
3
4
(Approx. 9 months)
This phase of work includes
all activities leading up to,
and including, a two-phased
political approval process
that includes receiving an in-
principle endorsement on
recommendations, followed
by the refinement of
recommendations and their
submission to LAM and
Regional Councils to seek
triple-majority approval to
create the Commission
113
Seek In-Principle Endorsement
Recommendations will be presented to the LNTC and PW Committees,
and to the LAMs to seek feedback and a preliminary in-principle
endorsement on the creation of the transit Commission
Staff Report and Public Engagement
Conduct public consultations and incorporate feedback received on the
transit governance recommendations and financial model into a staff
report to be submitted to support the decision-making process to
establish the Commission
Municipal Transfer Agreements
Draft agreements with LAMs who currently operate transit to outline
the steps for transferring assets to the Commission from existing
systems,and puts parameters around what transit -related decisions
can be made by the LAMs so as not to impact transit integration or
unfairly impact the residents
Vote to Move Forward with Commission Model
The first step in the legal process involves receiving a triple-majority
vote to create a by-law that grants power for transit services to the
Region so that the Region may then establish the Commission
LNTC-C 4-2020
Appendix 2
Page 350 of 947
Oct
Integration Approval Process Timelines
This phase of work begins with the initial LNTC presentation and ends with the triple-majority
vote to move forward with the Commission.
Nov Dec Jan Feb Mar JunMayApr
114
Vote on Commission
Model
Staff Report and Public
Engagement
Seek In-Principle Endorsement
Approximately 9 Months
Municipal Transfer
Agreements
2020 2021
LNTC
Presentation
Triple-Majority
Reached
LNTC-C 4-2020
Appendix 2
Page 351 of 947
1
Phase 2: Commission Establishment
Commission Establishment Overview
2
3
(Approx. 2 months)
115
This phase of work
encompasses activities
related to the legal
establishment of the
Commission as a
municipal service board
and concludes with the
appointment of members
to the Commission
Legal Establishment of Commission
Pass a Regional by-law to create a Municipal Service Board (the
Commission)and delegate control and management of transit services
to this board
Setup Governance Infrastructure
Establish policies, procedures, committees, and reporting mechanisms
for the Commission and formalize their oversight responsibilities during
the transition period
Appointment of Commission Members
Appoint individuals who will compose the members of the Commission
based on agreed-upon Commission governance structure
LNTC-C 4-2020
Appendix 2
Page 352 of 947
Phase 2: Commission Establishment
Commission Establishment Timelines
This phase of work begins with the creation of a municipal service board (the Commission)
and ends with the appointment of Commission members.
Month
2021
Approximately 2 months
Legal Establishment of Commission Commission
Established
Setup Governance Infrastructure
July Aug
116
Appointment of Commission Members
Commissioners Take
on Oversight of
Integration
LNTC-C 4-2020
Appendix 2
Page 353 of 947
1
2
Phase 3: Commission Setup
Commission Setup Overview
3
4
5
6
7
8
(Approx. 1 Year)
This phase includes work
associated with getting the
Commission ready to take on
responsibility for transit
services in the region,
including establishing policies
and processes, filling key
roles, negotiating and
executing transfer
agreements
117
Appoint Leadership Team
Identify the Commission’s GM and SLT and confirm the structure of the organization to begin
filling roles
Develop Human Resources Plan and Negotiate with Bargaining Units
Develop a Human Resources and Change Management plan to guide all staff-related activities
to setup Commission and begin negotiations with bargaining units
Fill Functional Roles
Develop job descriptions/postings for functionalpositions and fill roles
Establish OrganizationalInfrastructureand Policies
Develop key business infrastructure,policies,processes,and more required for day-one of
service operations
Inaugural Strategic and BrandingPlans
Undertake strategic and branding plan exercises to guide the work of all staff and leadership
and begin building a unified image for transit in the region
FormalizeWorking Relationships with Partners
Begin development of formal working relationships with key partner organizations,including
LAMs and Regional departments
Development of Transfer Agreements
Formalize agreements between the Commission and existing transit entities detailing how
assets,liabilities, and contracts will be transferred over to the Commission
Transfer Assets,Contracts,and Personnel to Commission
Transfer of transit related assets and liabilities,and personnel,to the Commission from LAMs
and Region to officially take over responsibility for transit in Niagara
LNTC-C 4-2020
Appendix 2
Page 354 of 947
Phase 3: Commission Setup
Commission Setup Timelines
This work begins with the appointment of a senior leadership team,involves all work
associated with getting the Commission setup to take on responsibility for transit services in
the region,and ends with the transferring of assets and resources to the Commission.
Month Jun Jul AugSepOct Nov Dec Jan Feb Mar Apr May
1182021
Approximately 1 Year
Appoint Leadership Team
Develop Human Resources Plan and Negotiate with
Bargaining Units
Fill Functional Roles
Establish Organizational Infrastructure and Policies
Inaugural Strategic and Branding Plans
Formalize Working Relationships with
Partners
Development of Transfer Agreements
Transfer Assets, Contracts, and
Personnel to Commission
Commission Takes on
Transit Responsibility
LNTC-C 4-2020
Appendix 2
Page 355 of 947
1
2
3
119
Phase 4: Service Launch
Service Launch Overview
(Years 1 and 2 of
Operation)
This begins with the
Commission officially
taking on responsibility
for transit services in the
region and key activities
for the first years of
operation to ensure a
smooth transition
Launch of Transit Services
The responsibility for transit services across Niagara is transferred to
the new Commission,with service levels being maintained while the
existing systems cease operations
Performance Monitoring and Improvement
As the Commission takes on responsibility for transit services,
performance monitoring is undertaken to ensure no interruption to
service occurs. As the Commission stabilizes and the status quo starts
to form,public engagement activities along with minor process and
service enhancements are identified and implemented
Complete Asset Rebranding
Remaining assets will be modified to align with the Commission’s brand
LNTC-C 4-2020
Appendix 2
Page 356 of 947
Phase 4: Service Launch
Service Launch Timelines
This begins with the Commission officially taking on responsibility for transit services in the
region and key activities for the first 2 years of operation to ensure a smooth transition.
120
Years 1 and 2 of Operation
Launch of
Transit
Services
Performance Monitoring and Improvement
Complete Asset Rebranding
20232022
Q3 2022 Q4 2022 Q2 2023 Q3 2023 Q4 2023 Q1 2024 Q2 2024Q1 2023
2024
LNTC-C 4-2020
Appendix 2
Page 357 of 947
1
2
3
121
Phase 5: Enhancement and Growth
Enhancement and Growth Overview
(Year 3+ of
Operations)
This phase includes
longer-term activities that
the Commission will
undertake to continue
developing its
organization and planning
for the future
Ongoing Monitoring,Reporting,and Enhancement
The Commission will continue to monitor and report on its successes
and challenges,while continually building ties with the Region and
LAMs to ensure alignment of priorities
Transit Service Planning
A long-term Transit Service Plan will be developed to guide the
improvement and expansion of transit services in the Niagara Region
Long-Term FinancialPlanning
To support the expansion of services,the Commission will develop a
long-term financial plan to maintain and increase funding to support
priorities
LNTC-C 4-2020
Appendix 2
Page 358 of 947
Phase 5: Enhancement and Growth
Enhancement and Growth Timelines
This phase includes longer-term activities that the Commission will undertake to continue
developing its organization and planning for the future.
122
2025 and Onwards
2024
Q2 2024 Q3 2024
Year 3+ of Operations
Ongoing Monitoring, Reporting, and Enhancement
Transit Service Planning
Long-Term Financial Planning
LNTC-C 4-2020
Appendix 2
Page 359 of 947
Transition Plan
Transition Costs
123
LNTC-C 4-2020
Appendix 2
Page 360 of 947
Transition Planning
Funding the Transition
Critical to the successful transition to the integrated transit model,and of particular
relevance given the potentially long-term financial implications of COVID-19,is a clear
understanding of the one-time costs of implementation and clarity on the sources of this
funding.
Although not developed as part of this study,Regional staff are currently developing an initial
funding model for the start-up budget of the Commission,that will strive for a fair and
equitable funding baseline commensurate with the existing baseline services within each
municipality.Following the initial start -up funding, subsequent transit investments are assumed
to be funded through a single regional tax levy.
Upon its completion,this funding model will be provided alongside the recommendations
contained in this report and all subsequent staff reports,so that decision makers have a
comprehensive view of all considerations and implications of integrating transit in Niagara.
The following slides provide an overview of forecasted operating and capital transition costs.
Note:The provincial government recognizes that municipalities have sustained significant
financial pressures as a result of the global pandemic,and in July 2020,announced it has
secured one-time emergency assistance for Ontario’s municipalities,the Safe Restart
Agreement.Niagara Region has been able to secure funding through Phase 1,which is targeted
at relieving immediate transit pressures, with potential for securing ongoing funding support in
a second phase.
124
LNTC-C 4-2020
Appendix 2
Page 361 of 947
Cost Overview
125
The setup of the Commission includes one-time transition costs, such as branding,
communications, stakeholder engagement,and program management.The types of costs
associated with the transition and operation of the Commission are summarized by phase.
Integration
Approval
Process
Commission
Establishment
Commission
Setup Service Launch Enhancement
Growth
Transition Team &
Planning ✔✔✔
One time start up
costs ✔✔✔
Operational costs
before delivery ✔✔
Steady State of
Operations*✔✔
*Note: Steady state operational costs have not been outlined within the transition plan as they will be determined by the Commission
The cost estimates provided are preliminary estimates provided for planning consideration. Given
the complexity and unknown impact of the global pandemic, there could be fluctuations in these
costs. The estimated total cost of transition is between $3,845,000 -$4,955,000. This includes:
•Capital costs are between $1,670,000 to $2,225,000;
o Capital costs specific to the fare collection system are between $5,000,000 and $7,500,000,
but will be borne regardless of integration
•Operational costs are between $2,175,000 -$2,730,000.
LNTC-C 4-2020
Appendix 2
Page 362 of 947
Estimated Cost Summary: Capital
126
Transition costs include those one-time capital costs incurred to establish the Commission and
its regular operations. A summary is provided below:
Item
Category
Integration
Approval
Process
Commission
Establish-
ment
Commission
Setup
Service
Launch
Enhancement
& Growth
Estimated
Total Item
Category Cost
Transit System
Branding n/a n/a $400,000 to
$800,000 $200,000 n/a $600,000 to
$1,000,000
Facility and
Office
Improvements
n/a n/a $50,000 to
$100,000 n/a n/a $50,000 to
$100,000
Transit Service
Design n/a n/a $700,000 n/a n/a $700,000
Technology &
Equipment n/a $275,000 to
$325,000
$45,000 to
$100,000 n/a n/a $320,000 to
$425,000
Estimated
Total Phase
Cost
$0 $275,000 to
$325,000
$1,195,000 to
$1,700,000 $200,000 $0 $1,670,000 to
$2,225,000
LNTC-C 4-2020
Appendix 2
Page 363 of 947
Fare Collection System
127
The Inter-Municipal Transit Working Group (IMTWG)has requested funding for the fare
collection system through ICIP,the procurement of this system is proceeding in parallel and
required for the success of the new governance structure.
Item
Category
Integration
Approval
Process
Commission
Establish-
ment
Commission
Setup
Service
Launch
Enhancement
& Growth
Estimated
Total Item
Category Cost
Fare Collection
System n/a n/a n/a $5,000,000 to
$7,500,000 n/a $5,000,000 to
$7,500,000
Estimated
Total Phase
Cost
$0 $0 $0 $5,000,000 to
$7,500,000 $0 $5,000,000 to
$7,500,000
LNTC-C 4-2020
Appendix 2
Page 364 of 947
Estimated Cost Summary: Operating
128
Operational costs related to the transition have been summarized in the relevant categories
below:
Item
Category
Integration
Approval
Process
Commission
Establish-
ment
Commission
Setup
Service
Launch
Enhancement
& Growth
Estimated
Total Item
Category Cost
Transit
Integration
Team
$250,000 -
$370,000
$40,000 -
$105,000
$650,000 -
$900,000 n/a n/a $940,000 -
$1,375,000
Legal Fees $80,000 -
$120,000
$60,000 -
$100,000 n/a n/a n/a $140,000 -
$220,000
Public
Consultation $10,000 $10,000 $15,000 $150,000 n/a $185,000
Human
Resources n/a n/a $510,000 -
$550,000 $200,000 $200,000 $910,000 -
$950,000
Estimated
Total Phase
Cost
$340,000 -
$500,000
$110,000 -
$215,000
$1,175,000 to
$1,465,000 $350,000 $200,000 $2,175,000 -
$2,730,000
LNTC-C 4-2020
Appendix 2
Page 365 of 947
Transition Costs: Year over Year
129
The transition costs for both capital and operating budgets have been provided for the
period 2021 -2024:
Year Cost
Integration
Approval
Process
Commission
Establish-
ment
Commission
Setup
Service
Launch
Enhance-
ment &
Growth
Estimated
Total Cost
Estimated
Total
Annual Cost
2021
Operating $340,000 -
$500,000
$110,000 -
$215,000
$195,000 -
$245,000 n/a n/a $645,000 -
$960,000 $1,185,000 -
$1,585,000
Capital n/a $275,000 -
$325,000
$265,000 -
$300,000 n/a n/a $540,000 -
$625,000
2022
Operating n/a n/a $980,000 -
$1,220,000 $90,000 n/a $1,070,000 -
$1,310,000 $2,150,000 -
$2,860,000
Capital n/a n/a $930,000 -
$1,400,000 $150,000 n/a $1,080,000 -
$1,550,000
2023/
24
Operating n/a n/a n/a $260,000 $200,000 $460,000
$510,000
Capital n/a n/a n/a $50,000 n/a $50,000
Estimated Total
Phase Cost
$340,000 -
$500,000
$385,000 -
$540,000
$2,370,000 -
$3,165,000 $550,000 $200,000 $3,845,000 -
$4,955,000
LNTC-C 4-2020
Appendix 2
Page 366 of 947
Niagara Transit Governance
Study
In Summary
130
LNTC-C 4-2020
Appendix 2
Page 367 of 947
Report Wrap-Up
131
Key
Highlights
Research into the benefits and feasibility of an integrated transit system in
Niagara Region has been considered for several years,and has culminated in
this Niagara Transit Governance Study.
A review of the current state of transit in Niagara and a forecast of demand for
transit services over the coming 10 years has shown that there is a significant
opportunity to increase transit usage in Niagara.
To determine how Niagara could best accommodate this future growth,three
potential transit governance model options were developed,each one
reflecting a different approach to integrating transit in the region.
Each potential model was assessed against key evaluation criteria,and
ultimately,an independent Full Commission Model was recommended as it
provides the greatest opportunity for success by bringing the right degree of
autonomy and flexibility to innovate,drive growth,and meet the diverse and
changing needs of Niagara.
In order to create this new Commission,a five-phased Transition Plan has been
developed to guide implementation activities.It is expected that this
Commission will be operational by the end of 2022,and there is opportunity
to take advantage of government funding to support the cost of transition to
the Commission model.
LNTC-C 4-2020
Appendix 2
Page 368 of 947
There is a Significant Opportunity to Increase Transit Usage in Niagara Region
132
By way of investments and harmonization of services and fares,transit under an
amalgamated system is anticipated to become a more frequently used means of
transportation in the region, with ridership outpacing the status quo.
How?Transit ridership forecasts indicate a latent demand for inter-municipal transit travel,which can be
capitalized on through improved inter-municipal and connections to GO Transit rail services.
By investing in targeted projects and services to grow the transit mode share throughout the
region,transit ridership region-wide could grow by over 80%by 2031 under an amalgamated
transit service.
It is anticipated that Niagara Region,like its peer jurisdictions will experience a transit mode share
growth of 30%to 130%within ten years of amalgamation.
By 2031,operating costs in the high growth scenario will increase by approximately 55%over the
status quo.
Capital investment of between $70M and $155M between 2021 and 2031 may be required to
address service and demand growth.Provincial Gas Tax revenue could result in up to $50M - $80M
in revenue over the same ten years.Over $70M-worth of near-and mid-term projects have
committed funds from the federal and provincial governments through ICIP.
An integrated single fare is critical to driving ridership growth and could be achieved in a way that
is revenue-neutral if implemented progressively as ridership grows.While an integrated payment
system and harmonized fare structure will be required at the start of service,a single fare region-
wide can be implemented over time.
The COVID-19 pandemic presents an opportunity to look beyond the status quo,bring the transit
systems in Niagara together,and build a new and improved service that takes capitalizes on
current funding programs to see this forecasted ridership growth become a reality.
LNTC-C 4-2020
Appendix 2
Page 369 of 947
In Summary
A Full Commission Model is Recommended
Analysis shows that a Full Commission model would be most effective:
o Distinct entity independent
from Regional Council
o Governed by a board of
appointed members,
equitably selected by
Regional Council
o Responsible for all transit
planning and delivery
o Budget allotment approved
by Regional Council
o Makes limited use of
Regional services except
where service sharing does
not impede agility or
independence
A.
Limited
Commission
B.
Full
Commission
C.
Regional
Division
o Transit Service is governed by
a regional commission with
representation from local
elected officials.
o Commission reports to
Regional Council
o Strategic decision making for
Transit Service is directed by
Regional Council
o Relies on corporate services
but retains transit-related
services in-house
o Division within Niagara
Region’s Public Works
department
o Regional Council remains
the governing body of the
transit division
o Strategic decision making for
Transit Service is directed by
Regional Council
o Integrated into the Regional
administration similar to
other service delivery
departments
The Full Commission model brings the right degree of autonomy and flexibility to
innovate, drive growth, and meet the diverse and changing needs of the region
133
LNTC-C 4-2020
Appendix 2
Page 370 of 947
In Summary
Follow a Sequenced Transition Plan
Creating a new entity is a complex and challenging undertaking that will require the
coordination and support of many different stakeholders and will suffer should it lack the
required resources.
134
This phase of work
encompasses activities
related to the legal
establishment of the
Commission as a
municipal service board
and concludes with the
appointment of
members to the
Commission
This phase includes work
associated with getting
with getting the
Commission ready to
take on responsibility for
transit services in the
region, including
establishing policies and
processes, filling key
roles, and negotiating
and initiation of transfer
agreements
This begins with the
Commission officially
taking on responsibility
for transit services in the
region and key activities
for the first 2 years of
operation to ensure a
smooth transition
This phase includes
longer-term activities
that the Commission
will undertake to
continue developing its
organization and
planning for the future
Commission
Setup
Service
Launch
Enhancement
Growth2345
Approx.1 Year Years 1-2 of
Operation
Year 3+ of
Operation
Includes activities
leading up to, and
including, a phased
political approval
process that concludes
with the submission of
recommendations to
LAM and Regional
Councils to seek triple-
majority approval to
create the Commission
Integration
Approval
Process 1
Approx. 9 Months Approx.2 months
The creation of a Regional Transit Commission will be transformative for Niagara, and its
success is dependent on maintaining public and political support while transitioning
services from the LAMs to create an effective regional network.
LNTC-C 4-2020
Appendix 2
Page 371 of 947
Guiding Principles for Transit
135
To achieve success,the new entity will need to make regionally focused decisions,aligned
to the guiding principles,in order to ensure that growth in ridership,efficiency of operations,
and improved service delivery are realised.
Customer
Driven
Unconventional
Solutions Integrated
Economically
Responsible Fair
Customer
Driven
Unconventional
Solutions Integrated
Economically
Responsible Fair
Adherence to guiding principles will be a fundamental factor in
ensuring the success of the integration and the future of transit in
Niagara for the benefit of all.
LNTC-C 4-2020
Appendix 2
Page 372 of 947
LNTC-C 4-2020
Appendix 2
Page 373 of 947
Page 374 of 947
Page 2
the lower-tier municipalities and the Regional Municipality of Niagara as an upper-tier
municipality may pass by-laws for transportation systems.
The City of St. Catharines has a Transit Commission which was established pursuant to special
Provincial legislation. The City of Niagara Falls formerly had a Transit Commission which was
also established pursuant to special Provincial legislation; however, the Commission has been
disbanded and Niagara Falls Transit operates now as a division of the Transportation department.
The City of Welland Transit also operates as a municipal department. So far as we have been able
to determine, it was created by the passage of a by-law or by-laws. The City ofThorold contracts
transit service from the St. Catharines Transit Commission. Port Col borne contracts transit service
from Welland Transit. Lincoln, Fmi Erie, Pelham and Niagara-on-the-Lake operate their own
local transit services through third-patiy private contractors authorized by by-law. Grimsby,
Township of Wainfleet and Township of West Lincoln have no existing conventional transit
service.
The Regional Municipality of Niagara has established inter-municipal specialized transit services
for persons with disabilities pursuant to By-law No. 64-2004, being "A By-law to assume inter
municipal specialized transit services within the Regional Municipality ofNiagm·a". The Regional
Municipality of Niagara has established an inter-urban transit system pursuant to By-law No.
2017-21, being "A By-law to establish an inter-municipal passenger transportation system in the
Region of Niagara". Those by-laws were passed pursuant to the provisions of the Municipal Act,
2001 and were each subject to the condition that a triple-majority, described below, was achieved.
It is our understanding that those conditions have been met, in both instances and consequently the
Region has established a Niagara Region inter-municipal transit system serving several
municipalities, and inter-municipal specialized transit services. In addition, the Region has
recently established an inter-and intra-municipal transit service in the lower-tier municipalities of
Grimsby, Lincoln and Pelham, by contract with those municipalities.
The Region is now considering the establishment of a Regional Transit Commission to provide
inter-and intra-municipal transit services throughout the Regional Municipality of Niagara.
Transfer of Powers Between Lower and Upper Tiers
The provisions of the Municipal Act, 2001 provide for the "transfer of powers between tiers".
Specifically, subsection 188(1) defines "Lower-Tier Power" and "Upper-Tier Power". Public
transpmiation systems, other than highways, are defined as both a "Lower-Tier Power" and an
"Upper-Tier Power".
Subsection 189(1) provides that "an Upper-Tier Municipality may pass a by-law to provide for:
(a) The transfer of all or pati ofa Lower-Tier Power to the Upper-Tier Municipality from one
or more of its lower-tier municipalities which are specified in the by-law; and
(b) Transitional matters to facilitate the assumption of the Lower-Tier Power."
LNTC-C 4-2020
Appendix 3
Page 375 of 947
Page 3
Subsection 189(2) imposes conditions which are required to be met before a by-law to provide for
the transfer of a Lower-Tier Power to an Upper-Tier Municipality may come into force. Those
conditions are as follows:
(a) "A majority of all votes on the Council of the upper-tier municipality are cast in its favour;
(b) A majority of the Councils of all the lower-tier municipalities forming part of the upper
tier municipality for municipal purposes have passed resolutions giving their consent to the
bylaw; and
(c) The total number of electors in the lower-tier municipalities that have passed resolutions
under clause (b) form a majority of all the electors in the upper-tier municipality."
Consequently, in order to transfer the Lower-Tier Power of public transportation systems to the
upper-tier municipality, it will require a by-law passed by the Regional Municipality of Niagara
subject to the conditions listed above.
The by-law to transfer the power from the lower-tier municipalities to the upper-tier municipality
may come into effect upon receipt of the Triple-Majority or, it may come into effect, after obtaining
the Triple-Majority, at a date specified in the by-law.
Legal Process for Establishing a Regional Transit Commission
We have been asked for confirmation on the proposed process for establishing the Commission
and how consent is to be achieved from the local area municipalities (Lower-Tier).
We have described above the manner in which the transfer of the Lower-Tier Power of public
transpmiation systems, other than highways, to the upper-tier municipality must occur. Once the
power to establish a transit system has been effected pursuant to the provisions of subsections
189(1) and (2), the Region is then in a position to determine the manner in which it will operate
the transit system. Section 196 of the Municipal Act, 2001, provides to a municipality to establish
a "Municipal Service Board". Section 197 of the Municipal Act, 2001, provides, in part, that a
Municipal Service Board is a body corporate unless the municipality provides otherwise when
establishing the board. It also provides a Municipal Service Board is an agent of the municipality
and is a local board of the municipality for all purposes.
Section 198 of the Municipal Act, 2001 describes the functions of Municipal Service Boards and
provides that a municipality may give a Municipal Service Board the control and management of
such services and activities of the municipality as the municipality considers appropriate and shall
do so by delegating the powers and duties of the municipality to the board in accordance with the
Municipal Act, 2001.
The Municipal Act, 2001, subsection 203(1) authorizes a municipality to establish a corporation.
In our opinion, the appropriate methodology to create a Transit Commission for the operation of
the Regional transit system is pursuant to the provisions of Sections 195, 196 and 197, which
LNTC-C 4-2020
Appendix 3
Page 376 of 947
Page4
permits the creation of a Municipal Service Board. Having transferred the Lower-Tier Power to
operate a public transpmiation system other than highways, through the obtaining of the "Triple
Majority" described above, it is not necessary to obtain a Triple-Majority with respect to the
creation of the Commission. No additional consent is required from the lower-tier municipalities
to operate intra-municipal transit routes. No fmiher approvals should be required.
As noted above, the Region has, through the "Triple-Majority" process, already transfen-ed the
power to operate inter-municipal specialized transit services within the Regional Municipality of
Niagara for persons with disabilities.
Securing the Exclusive Right to Operate Public Transit in Niagara
The intent of the proposed by-law is to transfer power relating to public transportation systems
from the lower-tier municipalities to the Region with the exception of GO Transit and WEGO,
which will continue to operate independently of the Regional Commission.
The Municipal Act, 2001 addresses the process by which the Region may secure exclusive rights
to operate public transit in Niagara, with the exception of GO Transit and the WEGO system. The
ability to secure exclusive rights is provided in subsection 190(1) and 69(2).
Subsection 190(1) provides as follows:
"When a by-law passed under Section 189 comes into force,
(a) the upper-tier municipality may exercise the transfen-ed lower-tier power of the lower
tier municipalities specified in the by-law;
(b) The lower-tier municipality specified in the by-law and its local boards are bound by
the by-law and no longer have the power to exercise the transferred Lower-Tier Power;
( emphasis added)
(c) An existing by-law or resolution of the lower-tier municipality and its local boards that
relate to the transferred lower-tier power shall to the extent it applies in any part of
lower-tier municipality, be deemed to be a by-law or resolution of the upper-tier
municipality; and
(d) The existing by-law or resolution refen-ed to in clause (c) shall remain in force in that
pmi of the lower-tier municipality until the earlier of two (2) yem·s after the transfer by
law comes into force and the day the existing by-law or resolution is repealed by the
upper-tier municipality."
The effect of subsection 190(1 )(b) is that, upon the passing of the by-law, the lower-tier
municipalities will lose the ability to exercise any power related to public transporiation systems.
By-laws and resolutions of the lower-tier municipality regulating the transit service then become
by-laws and resolutions of the upper-tier municipality. The upper-tier municipality then has a
LNTC-C 4-2020
Appendix 3
Page 377 of 947
Page 5
period of two (2) years in which to replace the lower-tier by-Jaws and resolutions with its own by
laws.
The Municipal Act, 2001 subsection 69(2) provides:
"A municipality that has authority to establish, operate and maintain a type of passenger
transpmiation system may,
(a) By by-law provide that no person except the municipality shall establish, operate and
maintain all or any pati of a passenger transpmiation system ofthat type within all ofthe
municipality or that area of the municipality designated in the by-law; and
(b) Despite section 106 and any by-law under clause (a) enter into an Agreement granting a
person the exclusive or non-exclusive right to establish, operate or maintain all or any
pmi of a passenger transportation system of that type within all of the municipality or
that area of the municipality designated in the Agreement under such conditions as the
municipality provides, including a condition that the municipality pay any deficit
incutTed by the person in establishing, operating and maintaining the system."
Subsection 69(2)(a) provides authority for the municipality to prohibit anyone, other than the
municipality, whether public or private, from establishing, operating or maintaining all or any part
of a passenger transportation system of the same type within the municipality.
In order that a by-law passed under subsection 69(2)(a) not affect WEGO's ability to operate, the
Region should enter into an Agreement with WEGO pursuant to subsection 69(2), to pennit
WEGO to continue to operate.
Approval of a Financial Model to Fund the New Transit Commission
In our opinion, there is no fmiher requirement to obtain a Triple-Majority vote on the
Commission's financial model once the power has been transfetTed.
As noted above, we have reconnnended the establishment of the Regional Transit Commission as
a Municipal Service Board, pursuant to subsection 196(1 ). Subsection 196(1 )(1) specifically
authorizes a municipality to establish a Municipal Service Board and to provide for matters such
as the nmne, composition, quorum and budgetmy process of the Board.
Implications for Existing Public Vehicle Licences
We are informed that as Niagara Region Transit services m·e contracted to the transit systems of
Niagm·a Falls, St. Catharines and Welland, the Region does not hold any public vehicle licences.
We believe that the St. Catharines Transit Commission, the Niagara Falls Transit Commission and
the Welland Transit Commission hold public vehicle licences as their buses service routes beyond
the lower-tier municipality boundary.
LNTC-C 4-2020
Appendix 3
Page 378 of 947
Page 6
The Public Vehicles Act, R.S.O. 1990, c.P.54, ("Public Vehicles Act") requires the operators of
public vehicles to have an operating licence. The definition of"Public Vehicle" explicitly provides
that it does not include "motor vehicles operated solely within the limits ofone local municipality".
The public vehicles act defines the term "Local Municipality" as not including a municipality that
had the status of a Township on December 31, 2002 and, but for the enactment of the Municipal
Act, 2001, would have had the status of a Township on January 1, 2003." Further, the Municipal
Act, 2001, defines "Local Municipality" as "a single-tier municipality or a lower-tier
municipality".
The above review leads us to conclude that those local municipalities which have public vehicle
licences do so because some of their routes extend into other municipalities.
It is our opinion that upon the passage of the proposed by-law to transfer the power relating to
public transportation systems to the Region, public vehicles licences will be required, as the public
vehicles would be operated beyond the respective limits ofthe lower-tier municipalities. As noted
above, we have been informed that Niagara Region Transit does not currently have any public
vehicle licences. As a result, the Commission would need to obtain new public vehicle licences
for the public vehicles which will be operated in inter-municipal routes . Moreover, the licences
currently held by the lower-tier municipalities, or their Transit Commissions, will be required to
be transferred to the Regional Commission.
The Public Vehicles Act, subsection 7(1) provides that a licence may only be transferred with the
permission of the Ontario Highway Transfer Board. The process for the transfer of such licences
is outlined in Section 7 and Ontario Regulation 982.
Yours very truly,
SULLIVAN, MAHONEY LLP
Per:
Page 379 of 947
THE REGIONAL MUNICIPALITY OF NIAGARA
LINKING NIAGARA TRANSIT COMMITTEE
MINUTES
LNTC 3-2020
Wednesday, October 21, 2020
Council Chamber / Video Conference
Niagara Region Headquarters, Campbell West
1815 Sir Isaac Brock Way, Thorold, ON
Committee Members
Present in the Council
Chamber:
M. Siscoe (Municipal Councillor - St. Catharines) (Committee
Chair), M. Robinson, Director, GO Implementation Office
Committee Members
Present via Video
Conference:
Campion (Mayor - Welland), Redekop (Mayor - Fort Erie),
Sendzik (Mayor - St. Catharines), Fertich (Regional Councillor),
C. Dabrowski (Municipal Councillor - Niagara Falls), G. Miller
(Municipal Councillor - St. Catharines), L. Van Vliet (Municipal
Councillor - Welland) (Committee Vice-Chair), S. Chemnitz,
Chief Administrative Officer (City of St. Catharines), K. Todd,
Chief Administrative Officer (City of Niagara Falls), R. Tripp,
Acting Chief Administrative Officer (Niagara Region), S. Zorbas,
Interim Chief Administrative Officer (City of Welland)
Absent/Regrets: Ip (Regional Councillor)
Staff Present in the
Council Chamber:
H. Chamberlain, Deputy Treasurer/Director, Financial
Management & Planning, S. Fraser, Transportation Lead, S.
Guglielmi, Technology Support Analyst, A.-M. Norio, Regional
Clerk, H. Talbot, Financial & Special Projects Consultant, B.
Zvaniga, Interim Commissioner, Public Works
Staff Present via
Video Conference:
C. Lam, Program Financial Analyst, R. Salewytsch, Transit
Service Planning Coordinator, L. Tracey, Project Coordinator,
GO Implementation, M. Trennum, Deputy Regional Clerk
Others Present via
Video Conference:
C. Briggs, St. Catharines Transit Commission, G. Morrison, St.
Catharines Transit, T. Price, Niagara College, R. Rehan, Brock
University Student Union, D. Stuart, Niagara Falls Transit.
_____________________________________________________________________
1. CALL TO ORDER
Committee Chair M. Siscoe called the meeting to order at 2:02 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest.
Page 380 of 947
Linking Niagara Transit Committee
Open Session Minutes LNTC 3-2020
October 21, 2020
Page 2
3. PRESENTATIONS
3.1 Niagara Transit Governance Study - Final Report
Matt Robinson, Director, GO Implementation Office, provided introductory
remarks respecting the Niagara Transit Governance Study.
Brendan McIlhone, Optimus SBR, Yuval Grinspun, & Eric Gillespie, Left
Turn, Right Turn, provided information respecting the Niagara Transit
Governance Study - Final Report. Topics of the presentation included:
• Project Overview
• The Case for Integration
• Current State and Leading Practices
• Forecasting the Future
• Model Options, Analysis
• Recommendation: Full Commission Model
• Commission Composition
• Transitioning to the Commission
• Funding Model
Heather Talbot, Financial and Special Projects Consultant, and Scott
Fraser, Transportation Lead, Niagara Region, provided information
respecting the Niagara Transit Governance Study - Final Report: Funding
Model & Next Steps. Topics of the presentation included:
• Financial Strategy
• Transition to Regional Levy
• Asset Transfer
• Summary
• Recommendations and Next Steps
Councillor Information Request(s):
Provide information respecting the net taxpayer redistribution from the
local area municipal levies to the regional levy. Councillor Redekop.
4. DELEGATIONS
There were no delegations.
Page 381 of 947
Linking Niagara Transit Committee
Open Session Minutes LNTC 3-2020
October 21, 2020
Page 3
5. ITEMS FOR CONSIDERATION
5.1 LNTC-C 4-2020
Niagara Transit Governance Study
Moved by Councillor Campion
Seconded by Councillor Fertich
That Report LNTC-C 4-2020, dated October 21, 2020, respecting Niagara
Transit Governance Study, BE RECEIVED and the following
recommendations BE APPROVED:
1. That the Linking Niagara Transit Committee SUPPORTS the Full
Commission as the recommended governance model for the
consolidation of Niagara's public transit system;
2. That Report LNTC-C 4-2020 BE FORWARDED to the Clerks of
Niagara’s twelve (12) local area municipalities and that they BE
REQUESTED to have the Council’s of the twelve (12) local area
municipalities consider the resolution outlined in Appendix 1 to Report
LNTC-C 4-2020, advising the Regional Clerk of any municipal
feedback, no later than March 31, 2021; and
3. That Council DIRECT staff to undertake an assessment of the
proposed resolution outlined in Appendix 1 to Report LNTC-C 4-2020
and REPORT BACK to the Public Works Committee, no later than
March 31, 2021, evaluating the expected impacts to Niagara Region
Transit, Niagara Specialized Transit, Niagara Region Transit
OnDemand, and the Regional tax levy from the proposed resolution.
The following friendly amendment was accepted by the Committee Chair,
and the mover and seconder of the motion:
2. That Report LNTC-C 4-2020 BE FORWARDED to the Clerks of
Niagara’s twelve (12) local area municipalities and that they BE
REQUESTED to have the Council’s of the twelve (12) local area
municipalities consider the resolution outlined in Appendix 1 to Report
LNTC-C 4-2020, advising the Regional Clerk of any municipal
feedback, no later than March 31, 2021 February 28, 2021; and
3. That Council DIRECT staff to undertake an assessment of the
proposed resolution outlined in Appendix 1 to Report LNTC-C 4-2020
and REPORT BACK to the Public Works Committee, no later than
March 31, 2021 February 28, 2021, evaluating the expected impacts
to Niagara Region Transit, Niagara Specialized Transit, Niagara
Region Transit OnDemand, and the Regional tax levy from the
proposed resolution.
Page 382 of 947
Linking Niagara Transit Committee
Open Session Minutes LNTC 3-2020
October 21, 2020
Page 4
The Committee Chair called the vote on the motion, as amended, as
follows:
That Report LNTC-C 4-2020, dated October 21, 2020, respecting Niagara
Transit Governance Study, BE RECEIVED and the following
recommendations BE APPROVED:
1. That the Linking Niagara Transit Committee SUPPORTS the Full
Commission as the recommended governance model for the
consolidation of Niagara's public transit system;
2. That Report LNTC-C 4-2020 BE FORWARDED to the Clerks of
Niagara’s twelve (12) local area municipalities and that they BE
REQUESTED to have the Council’s of the twelve (12) local area
municipalities consider the resolution outlined in Appendix 1 to Report
LNTC-C 4-2020, advising the Regional Clerk of any municipal
feedback, no later than February 28, 2021; and
3. That Council DIRECT staff to undertake an assessment of the
proposed resolution outlined in Appendix 1 to Report LNTC-C 4-2020
and REPORT BACK to the Public Works Committee, no later than
February 28, 2021, evaluating the expected impacts to Niagara Region
Transit, Niagara Specialized Transit, Niagara Region Transit
OnDemand, and the Regional tax levy from the proposed resolution.
Carried
5.2 LNTC-C 5-2020
2021 Linking Niagara Transit Committee meeting schedule
Moved by G. Miller
Seconded by Councillor Campion
That Correspondence Item, LNTC-C 5-2020, being a memorandum from
A.-M., Norio, Regional Clerk, dated October 21, 2020, respecting 2021
Linking Niagara Transit Committee meeting schedule, BE RECEIVED and
the following recommendation BE APPROVED:
1. That the Linking Niagara Transit Committee meetings BE HELD on
Wednesdays at 2:00 p.m. on the following dates in 2021:
February 3, February 24, March 31, April 28, June 2, June 30, July 28,
September 1, September 29, October 27, and November 24.
Carried
Page 383 of 947
Linking Niagara Transit Committee
Open Session Minutes LNTC 3-2020
October 21, 2020
Page 5
6. CONSENT ITEMS FOR INFORMATION
6.1 LNTC 2-2020
Linking Niagara Transit Committee Minutes - March 4, 2020
Moved by Councillor Sendzik
Seconded by Councillor Campion
That Report LNTC 2-2020, being the minutes of the Linking Niagara
Transit Committee meeting held on March 4, 2020, BE RECEIVED for
information.
Carried
7. OTHER BUSINESS
There were no items of other business.
8. NEXT MEETING
The next meeting will be held on Wednesday, November 25, 2020 at 2:00 p.m. in
the Council Chamber.
9. ADJOURNMENT
There being no further business, the meeting adjourned at 4:25 p.m.
Mat Siscoe
Committee Chair
Matthew Trennum
Deputy Regional Clerk
Ann-Marie Norio
Regional Clerk
Page 384 of 947
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
December 21, 2020
CL 23-2020, December 17, 2020
PWC 11-2020, December 8, 2020
PWC-C 50-2020, December 8, 2020
Local Area Municipalities
SENT ELECTRONICALLY
RE: Recommendations for Consideration from the Linking Niagara Transit Committee
held November 25, 2020
Regional Council, at its meeting of December 17, 2020, approved the following
recommendation of its Public Works Committee:
That Correspondence Item PWC-C 50-2020, being a memorandum from A.-M.
Norio, Regional Clerk, dated December 8, 2020, respecting Recommendations for
Consideration from the Linking Niagara Transit Committee meeting held
November 25, 2020, BE RECEIVED and the following recommendations BE
APPROVED:
1. That Correspondence Item LNTC-C 6-2020, being a memorandum from S.
Fraser, Transportation Lead, GO Implementation Office, dated November 25,
2020, respecting Councillor Information Request: Niagara Transit Governance
Study – Local Area Municipality Engagement, BE RECEIVED and BE
CIRCULATED to the Local Area Municipalities; and
2. That staff BE DIRECTED to reach out to the local area municipalities to
arrange to present to their Council when the Niagara Transit Governance
Study is being considered.
3. That the Linking Niagara Transit Committee BE DIRECTED to review
alternative funding options.
A copy of Correspondence Item PWC-C 50-2020 and Report LNTC-C 6-2020 is
attached for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:me
CLK-C 2020-221
Page 385 of 947
Administration
1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7
905-980-6000 Toll-free: 1-800-263-7215
MEMORANDUM
PWC-C 50-2020
Subject: Recommendation for Consideration from the Linking Niagara Transit
Committee meeting held November 25, 2020
Date: December 8, 2020
To: Public Works Committee
From: Ann-Marie Norio, Regional Clerk
At its meeting held on November 25, 2020, the Linking Niagara Transit Committee
passed the following motion for consideration by the Public Works Committee:
Minute Item 6.1
LNTC-C 6-2020
Councillor Information Request: Niagara Transit Governance Study – Local Area
Municipality Engagement
That Correspondence Item LNTC-C 6-2020, being a memorandum from S. Fraser,
Transportation Lead, GO Implementation Office, dated November 25, 2020, respecting
Councillor Information Request: Niagara Transit Governance Study – Local Area
Municipality Engagement, BE RECEIVED and BE CIRCULATED to the Local Area
Municipalities; and
That staff BE DIRECTED to reach out to the local area municipalities to arrange to
present to their Council when the Niagara Transit Governance Study is being
considered.
Respectfully submitted and signed by
________________________________
Ann-Marie Norio
Regional Clerk
Page 386 of 947
GO Implementation Office
1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7
905-980-6000 Toll-free: 1-800-263-7215
MEMORANDUM LNTC-C 6-2020
Subject: Councillor Information Request: Niagara Transit Governance Study
– Local Area Municipality Engagement
Date: November 25, 2020
To: Linking Niagara Transit Committee
From: Scott Fraser, P. Eng., Transportation Lead - GO Implementation
Office
Introduction
On October 21, 2020, the Linking Niagara Transit Committee (LNTC) considered LNTC-
C 4-2020 - Niagara Transit Governance Study which presented the preferred
governance and financial models for the consolidation of transit in Niagara. LNTC
adopted amended recommendations providing support for a Full Commission
governance model and recommending further engagement with each of the twelve (12)
local area municipalities to seek their feedback on and support for the proposed models.
The deadline for receiving this feedback was advanced to February 28, 2021.
In the course of this consideration, Committee provided comment and feedback on the
governance and financial models, including a focus on the impacts of the proposed
single regional tax levy, the Board of Directors and appointment process, and on social
equity as a key driver for transit. The purpose of this memorandum is to outline how this
feedback has been reflected and addressed, in advance of engagement with the local
area municipalities.
The engagement process to be undertaken with each local area municipality will be
tailored to suit preferred timeframes, areas of focus, and level of Regional staff
participation. LNTC-C 8-2020 acts as a companion to this report, and provides the draft
presentation planned for the Project Team’s use at LAM Councils, where or if requested
by the local area municipality.
PWC-C 50-2020 - Appendix 1
Page 387 of 947
LNTC-C 6-2020
November 25, 2020
Page 2
______________________________________________________________________
Financial Strategy
The financial strategy proposed to implement the Full Commission model has been
developed based on the following key principles:
• Consensus – to arrive at a consensus model which balances benefits and
obligations for each party
• Equity – enabling future transit to grow equitably in each municipality
• Phased implementation – enable budgets to accommodate increases or
decreases in a manageable way over multiple years
• Asset transfer – ensuring existing investments in capital assets are respected,
but not paid for twice by the same taxpayer (see Cummings Principle below)
• Service Enhancements – reinvesting to ensure adequate resourcing is available
long term to enable the transit system to grow
Based on these principles, the financial strategy outlined in LNTC-C 4-2020
recommends the transfer of all existing and incremental transit spending to the new
Commission, funded through a single regional tax levy. This strategy includes:
• a two (2) year transition period (2021, 2022) during which funding derived from
the levy is applied to the one-time costs associated with establishing the
Commission;
• a transfer implementation period of up to five (5) years (2023-2027), varying by
municipality, where existing municipal transit costs are transferred to the
Regional levy and offset by equivalent budgetary restrictions at the local level;
and
• the expansion of transit services, running concurrent with the transfer of existing
service, however finishing in 2032.
This recommendation was developed in consultation with local area Treasurers and
CAOs after consideration of a variety of strategies ranging between municipal transit
grants and a full regional upload to a single transit levy. There was no option to fully
consolidate transit into one system without a redistribution impact to municipalities.
Taxpayer Redistribution from Municipal Levy to Regional Levy
The adoption of a single regional tax levy would transition current transit funding from
municipalities to the Region, based on the regional property value assessment. As
noted during discussions at LNTC, the net impact of this transition is that a proportion of
PWC-C 50-2020 - Appendix 1
Page 388 of 947
LNTC-C 6-2020
November 25, 2020
Page 3
______________________________________________________________________
total regional transit expenditures would be redistributed to residents in municipalities
with currently less robust transit systems and historically lower transit investment levels.
This realignment is consistent with the consolidation of transit in Niagara, as the move
to an integrated transit system is anticipated to bring a series of proportional benefits to
residents in these municipalities, including enhanced and expanded transit service, the
ability to leverage capital investments that have been made in and by other
municipalities, and a reduction in future financing costs.
• Service Enhancement - The proposed financial strategy provides for the
allocation of $2.7M in 2023 for the expansion of transit services, through the
reallocation of levy funding originally allocated to the one-time transition costs in
2021-2022. This investment will be focused in areas who currently have less
robust transit services, to enhance the connectivity of these areas to the other
existing transit systems as quickly as possible, enhancing the transit equity in
those municipalities.
These service enhancements will include the expansion of NRT On-Demand, the
provision of new conventional NRT connections, and increased frequency on
existing routes. These enhancements will facilitate greater connectivity to
employment, medical, social and consumer services across Niagara, and link
residents to the GTHA through GO train / bus services.
Where the larger systems are robust enough to remain status quo in service
changes for a short period of time during the transition phase, smaller
municipalities with smaller systems will see the first of the service improvements
with a deliberate aim to bring all 12 municipalities to a more equitable transit
service as quickly as possible. This approach of front-loading smaller system
service enhancements as the levy upload occurs was used very effectively in
both Waterloo Region and Durham Region where smaller municipalities received
improved service faster, through the early days of the consolidation, while the
larger municipalities saw their levy impact decrease.
Additional funding for further service enhancements will be requested by the
Commission and subject to the Regional council budget process, as discussed
further below and established once the new commission approves its inaugural
multi-year service plan.
• Leveraging of Prior Capital Investments – municipalities with less robust
transit services will benefit from consolidation through the ability to access and
PWC-C 50-2020 - Appendix 1
Page 389 of 947
LNTC-C 6-2020
November 25, 2020
Page 4
______________________________________________________________________
leverage the capital investments that have been previously made by
municipalities with more robust services. A total of $127.5M in capital assets
($64.3M net of depreciation) are anticipated to be transferred to the Commission,
as summarized in Figure 1 below. These assets represent a combination of
buses, service trucks, land, facilities, and other equipment and technology.
Figure 1 - Transit Capital Assets across Niagara Region
Leveraging previous capital investments will allow the Commission to deliver
increased service into new areas of the region; which would have been costly for
smaller municipalities to undertake within their municipal budgets. For example,
existing garages can be utilized for vehicles purchased to provide increased or
new conventional services, avoiding the need for the municipality to invest in new
facilities independently.
• Net Operating Costs – The current net operating cost for all transit across
Niagara is $43.4M which includes $32.5M in service delivery, $8.6M in Facility
and Administration costs and $2.3M in debt financing. The move to a single
Regional levy redistributes the existing $8.6M in facility and administrative costs
to all new owners of the previous capital investments incurred by St. Catharines,
Niagara Falls, and Welland, while the existing local transit net operating cost in
St. Catharines and Niagara Falls reflect a reduction to the residents within those
PWC-C 50-2020 - Appendix 1
Page 390 of 947
LNTC-C 6-2020
November 25, 2020
Page 5
______________________________________________________________________
municipalities through the upload to the Commission. It should be noted, that of
the existing $14M in Niagara Region inter-municipal services connecting all
municipalities to these urban centres delivered under the current Regional levy
funding scenario (i.e. 2020 budget), the municipalities of St. Catharines and
Niagara Falls currently contribute 45% of the Regional levy contributions.
• Intergovernmental Funding – The Provincial Gas Tax (PGT) is currently utilized
in some municipalities for operations (approx. $1.5M annually). Under a
consolidated Full Commission, these funds can be utilized for capital as intended
by the program and therefore reduce future financing costs. Based on the
current combined fleet size, purchase price, 10-year replacement cycle and the
full annual PGT allocation for all municipalities together, it is estimated that 65%
of total bus replacements can be funded through Niagara’s combined PGT
allocation. The $1.5M which is currently utilized for operations reduces this
funding to 50%; thereby increasing debt financing. However, a consolidated PGT
fund would maximize PGT investments, lower debt financing and increase fleet
replacement and required capital levy investments. Moving forward with
consolidation now will also present the opportunity to seek provincial Safe
Restart Program funding to offset anticipated transition costs. These costs may
otherwise require funding through the Regional levy should consolidation be
pursued at a later time.
While not directly included as part of the proposed Financial Strategy, there remains a
number of future opportunities to further mitigate the impacts of transition to the single
regional transit levy. These contributing factors include both future population and
assessment growth in the region, the introduction of transit into the Region’s
development charges, enhanced business development, and future intergovernmental
transit funding programs. Each of these opportunities will continued to be explored in
the future for the potential to further offset levy impacts and should be kept in mind in
relation to the future projections laid out in the Financial Strategy.
PWC-C 50-2020 - Appendix 1
Page 391 of 947
LNTC-C 6-2020
November 25, 2020
Page 6
______________________________________________________________________
Figure 2 - Future Mitigation Strategies
Future Investment and Growth Opportunities
The NTGS outlines an aspirational growth target of +80% in transit ridership in Niagara
by 2031. This growth would be achieved primarily through unlocking latent demand for
inter-municipal trips, and is consistent with growth seen in the usage of transit in peer
jurisdictions in their post-consolidation period.
Relating the potential growth of transit ridership to the financial strategy, there are two
considerations:
• Future Investment Levels – to achieve the aspirational target outlined in the
NTGS, additional investment beyond that envisioned by the financial strategy will
be required. The NTGS identifies that achieving the high-growth target with an
88% increase in ridership will require an additional $27M in net operating
expenditures. The estimated costs of consolidation contained within this report
reflect inflationary growth only. Based on the 2020 Regional Levy, an
PWC-C 50-2020 - Appendix 1
Page 392 of 947
LNTC-C 6-2020
November 25, 2020
Page 7
______________________________________________________________________
aspirational growth strategy would require an incremental separate transit levy of
7.0%.
In addition, an incremental capital investment of $70M-$155M may be required to
achieve this growth, of which approximately $40M is currently funded through
PTIF and ICIP programs. These investments are in addition to regular lifecycle
replacements of existing assets.
The financial strategy includes an additional $2.7M in service expansion funding
previous discussed, which is outside the aspirational growth strategy and is
intended for enhancements in those municipalities with less robust current
service to improve connectivity to urban centres and amenities. Longer-term
service enhancements will be determined by the Commission’s transit service
strategic plans, and subject to the allocation of funding through the Regional
budget process.
• COVID-19 – the aspirational +80% target was developed based on ridership
levels and modelling prior to the onset of the COVID-19 pandemic, which has
had a direct impact on transit ridership and revenues. While these impacts have
been significant in the short-term, the long-term impacts to transit remain unclear.
Trends towards greater work and study from home environments may result in
lower transit utilization in the long-term, or may have limited impact post-
pandemic. A Full Commission governance model will be best able to balance
core transit needs while simultaneously being flexible to respond to emerging
trends and service levels as circumstances require.
The Cummings Principle and Asset Transfer
The proposed application of the Cummings Principle to the transfer of assets to the
Commission remains a key principle of the financial strategy. The premise of the
Cummings Principle is to transfer assets (and related outstanding liabilities), from one
municipality to another with no additional compensation, since transferring assets for
additional compensation results in the taxpayer paying twice for the same public asset.
Board of Directors and Appointment Process
The NTGS presents a recommended Board of Directors comprised of five (5) members
of Regional Council, (4) skills-based members of the public, and the Commission’s
General Manager acting in an ex-Officio capacity. This structure was recommended to
PWC-C 50-2020 - Appendix 1
Page 393 of 947
LNTC-C 6-2020
November 25, 2020
Page 8
______________________________________________________________________
achieve both stewardship over resources and accountability to the residents of Niagara
via elected officials, supplemented with additional skills or proficiencies necessary
through those with experience in industry or more broadly.
Discussion at LNTC raised the question of the appointment of elected officials other
than those already members of Regional Council (i.e. other local councillors). The
process for appointment of members to the Board of Directors will be determined as
part of the by-law that establishes the Commission as a legal entity, anticipated to be
brought forward in parallel with the future triple-majority approval report. Through that
process, Regional Council will have the opportunity to establish the criteria by which
members can be selected. It is presumed that a nominating committee of Regional
Council would then select members on the basis of the established criteria.
The forthcoming engagement with local area municipalities presents an opportunity to
solicit further feedback regarding the proposed member selection process and Board
Composition.
Social Equity
The guiding principles established for the NTGS determined fairness as a key objective
of the consolidation of transit, including providing a basic level of services that can be
accessed by as many Niagara residents as possible. There is currently a significant
disparity in the availability and frequency of transit service across the region between
smaller and larger municipalities.
Across the region, there are numerous residents who rely on transit as their primary
mode of transportation. As such, transit represents social equity access to employment
opportunities, medical services, educational institutions, or social activities.
The consolidation of transit is anticipated to foster a greater level of access to transit
services for those residents currently under- or unserved by transit. Under the proposed
financial strategy, this greater access in smaller municipalities will be achieved through
the expansion of services proportional with increased investment levels and the greater
integration with the services currently in place in the larger municipalities. Social equity
is achieved through transit equity and access. The aforementioned financial strategy
was designed to enable smaller municipalities to enhance their transit service levels and
connectivity as quickly as possible as the levy redistribution occurs over time. This
means front-loading the benefits of enhanced service and faster upload of the local levy
PWC-C 50-2020 - Appendix 1
Page 394 of 947
LNTC-C 6-2020
November 25, 2020
Page 9
______________________________________________________________________
to regional as soon as possible, so as to increase their levels of social and transit equity
for their residents.
LAM Engagement Timeframes and Next Steps
Subject to the adoption of the minutes of LNTC by Regional Council on November 20,
2020, LNTC-C 4-2020 will be distributed and engagement with the LAMs seeking
feedback on and support for the proposed governance and finance models will
commence.
The specific timing and method of engagement with each LAM will be determined in
consultation with their respective CAOs and Heads of Council, acknowledging the
request from LNTC that feedback be received no later than February 28, 2021. Where
requested, Regional staff (the Project Team) and the NTGS consultants will be available
to support local staff as the item is considered at local Councils.
LNTC-C 8-2020 provides the draft presentation planned for use, where and if requested
by the local area municipality. This presentation has been provided to committee
separate from this report, as it is not recommended that this presentation be directly
distributed to LAMs in parallel with the distribution of the supplementary information
contained in this memo (should committee opt to distribute this information). This is
recommended in order to facilitate required tailoring and updating for each municipality,
and avoid confusion between what is an indicative presentation and the final
presentation intended for each LAM.
In parallel to engagement with the LAMs, Regional staff will undertake the evaluation of
impacts to Niagara Region Transit, Niagara Specialized Transit, Niagara Region Transit
OnDemand, and the Regional tax levy from the proposed resolution in LNTC-C 4-2020.
This assessment will be returned to LNTC for consideration in advance February 28,
2021, so that input from LNTC and Niagara Region Public Works Committee (as well as
a position on the requested motion) can be received in parallel to that from the LAMs.
This collective feedback will be used to further refine the proposed governance and
financial models, in advance of the initiation of the triple-majority process in Q2 2021.
PWC-C 50-2020 - Appendix 1
Page 395 of 947
LNTC-C 6-2020
November 25, 2020
Page 10
______________________________________________________________________
Respectfully submitted and signed by,
________________________________
Scott Fraser, P. Eng.
Transportation Lead | GO Implementation Office
PWC-C 50-2020 - Appendix 1
Page 396 of 947
THE REGIONAL MUNICIPALITY OF NIAGARA
LINKING NIAGARA TRANSIT COMMITTEE
MINUTES
LNTC 4-2020
Wednesday, November 25, 2020
Council Chamber/Video Conference
Regional Headquarters, Campbell West
1815 Sir Isaac Brock Way, Thorold, ON
Committee Members
Present in the Council
Chamber:
M. Siscoe (Municipal Councillor - St. Catharines) (Committee
Chair), M. Robinson, Director, GO Implementation Office
Committee Members
Present via Video
Conference:
Campion (Mayor - Welland), Redekop (Mayor - Fort Erie),
Sendzik (Mayor - St. Catharines), Fertich (Regional Councillor),
Ip (Regional Councillor), G. Miller (Municipal Councillor - St.
Catharines), L. Van Vliet (Municipal Councillor - Welland)
(Committee Vice-Chair), S. Chemnitz, Chief Administrative
Officer (St. Catharines), K. Todd, Chief Administrative Officer
(City of Niagara Falls), S. Zorbas, Interim Chief Administrative
Officer (City of Welland)
Absent/Regrets: C. Dabrowski (Municipal Councillor - Niagara Falls), R. Tripp,
Acting Chief Administrative Officer (Niagara Region)
Staff Present in the
Council Chamber:
S. Fraser, Transportation Lead, GO Implementation Office, S.
Guglielmi, Technology Support Analyst, A.-M. Norio, Regional
Clerk, H. Talbot, Financial & Special Projects Consultant
Staff Present via
Video Conference:
M. Evely, Legislative Coordinator, R. Salewytsch, Transit
Service Planning Coordinator, L. Tracey, Project Coordinator,
GO Implementation, M. Trennum, Deputy Regional Clerk, B.
Zvaniga, Interim Commissioner, Public Works
Others Present via
Video Conference:
M. Gilbert, Amalgamated Transit Union, E. Gillespie, Left Turn
Right Turn, Y. Grinspun, Left Turn Right Turn, S. Kosh, Niagara
College, M. Lattavo, Left Turn Right Turn, V. Malvaso, Niagara
College, B. McIlhone, Optimus SBR, G. Morrison, St. Catharines
Transit, T. Price, Niagara College, R. Rehan, Brock University
Student Union, D. Stuart, Niagara Falls Transit.
_____________________________________________________________________
1. CALL TO ORDER
Committee Chair M. Siscoe called the meeting to order at 2:02 p.m.
PWC-C 50-2020 - Appendix 2
Page 397 of 947
Linking Niagara Transit Committee
Open Session Minutes LNTC 4-2020
November 25, 2020
Page 2
2. DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest.
3. PRESENTATIONS
There were no presentations.
4. DELEGATIONS
There were no delegations.
5. ITEMS FOR CONSIDERATION
5.1 LNTC-C 7-2020
2021 Inter-Municipal Transit Working Group – Linking Niagara Transit
Committee Workplan
Moved by Councillor Fertich
Seconded by Councillor Redekop
That Correspondence Item LNTC-C 7-2020, being a memorandum from
M. Robinson, Director, GO Implementation Office, dated November 25,
2020, respecting 2021 Inter-Municipal Transit Working Group – Linking
Niagara Transit Committee Workplan, BE RECEIVED and the following
recommendation BE APPROVED:
1. That the Linking Niagara Transit Committee ENDORSE the Inter-
Municipal Transit Working Group’s 2021 workplan as outlined in
Report LNTC-C 7-2020.
Carried
6. CONSENT ITEMS FOR INFORMATION
6.1 LNTC-C 6-2020
Councillor Information Request: Niagara Transit Governance Study - Local
Area Municipality Engagement
Moved by G. Miller
Seconded by L. Van Vliet
That Correspondence Item LNTC-C 6-2020, being a memorandum from
S. Fraser, Transportation Lead, GO Implementation Office, dated
November 25, 2020, respecting Councillor Information Request: Niagara
Transit Governance Study – Local Area Municipality Engagement, BE
RECEIVED and BE CIRCULATED to the Local Area Municipalities.
PWC-C 50-2020 - Appendix 2
Page 398 of 947
Linking Niagara Transit Committee
Open Session Minutes LNTC 4-2020
November 25, 2020
Page 3
The following friendly amendment was accepted by the Committee Chair,
and the mover and seconder of the motion:
That Correspondence Item LNTC-C 6-2020, being a memorandum from
S. Fraser, Transportation Lead, GO Implementation Office, dated
November 25, 2020, respecting Councillor Information Request: Niagara
Transit Governance Study – Local Area Municipality Engagement, BE
RECEIVED and BE CIRCULATED to the Local Area Municipalities; and
That staff BE DIRECTED to reach out to the local area municipalities
to arrange to present to their Council when the Niagara Transit
Governance Study is being considered.
The Committee Chair called the vote on the motion, as amended, and
declared it,
Carried
6.2 LNTC-C 8-2020
Councillor Information Request: Niagara Transit Governance Study –
Local Area Municipality Presentation
Moved by Councillor Sendzik
Seconded by Councillor Redekop
That Correspondence Item LNTC-C 8-2020, being a memorandum from
S. Fraser, Transportation Lead, GO Implementation Office, dated
November 25, 2020, respecting Councillor Information Request: Niagara
Transit Governance Study – Local Area Municipality Presentation, BE
RECEIVED for information.
Carried
6.3 LNTC 3-2020
Linking Niagara Transit Committee Minutes - October 21, 2020
Moved by Councillor G. Miller
Seconded by Councillor Campion
That Minutes LNTC 3-2020, being the minutes of the Linking Niagara
Transit Committee meeting held on October 21, 2020, BE RECEIVED for
information.
Carried
PWC-C 50-2020 - Appendix 2
Page 399 of 947
Linking Niagara Transit Committee
Open Session Minutes LNTC 4-2020
November 25, 2020
Page 4
7. OTHER BUSINESS
There were no items of other business.
8. NEXT MEETING
The next meeting will be held on Wednesday, February 3, 2021 at 2:00 p.m.
9. ADJOURNMENT
There being no further business, the meeting adjourned at 2:57 p.m.
Mat Siscoe
Committee Chair
Mark Evely
Legislative Coordinator
Ann-Marie Norio
Regional Clerk
PWC-C 50-2020 - Appendix 2
Page 400 of 947
GO Implementation Office
1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7
905-980-6000 Toll-free: 1-800-263-7215
MEMORANDUM LNTC-C 6-2020
Subject: Councillor Information Request: Niagara Transit Governance Study
– Local Area Municipality Engagement
Date: November 25, 2020
To: Linking Niagara Transit Committee
From: Scott Fraser, P. Eng., Transportation Lead - GO Implementation
Office
Introduction
On October 21, 2020, the Linking Niagara Transit Committee (LNTC) considered LNTC-
C 4-2020 - Niagara Transit Governance Study which presented the preferred
governance and financial models for the consolidation of transit in Niagara. LNTC
adopted amended recommendations providing support for a Full Commission
governance model and recommending further engagement with each of the twelve (12)
local area municipalities to seek their feedback on and support for the proposed models.
The deadline for receiving this feedback was advanced to February 28, 2021.
In the course of this consideration, Committee provided comment and feedback on the
governance and financial models, including a focus on the impacts of the proposed
single regional tax levy, the Board of Directors and appointment process, and on social
equity as a key driver for transit. The purpose of this memorandum is to outline how this
feedback has been reflected and addressed, in advance of engagement with the local
area municipalities.
The engagement process to be undertaken with each local area municipality will be
tailored to suit preferred timeframes, areas of focus, and level of Regional staff
participation. LNTC-C 8-2020 acts as a companion to this report, and provides the draft
presentation planned for the Project Team’s use at LAM Councils, where or if requested
by the local area municipality.
Page 401 of 947
LNTC-C 6-2020
November 25, 2020
Page 2
______________________________________________________________________
Financial Strategy
The financial strategy proposed to implement the Full Commission model has been
developed based on the following key principles:
• Consensus – to arrive at a consensus model which balances benefits and
obligations for each party
• Equity – enabling future transit to grow equitably in each municipality
• Phased implementation – enable budgets to accommodate increases or
decreases in a manageable way over multiple years
• Asset transfer – ensuring existing investments in capital assets are respected,
but not paid for twice by the same taxpayer (see Cummings Principle below)
• Service Enhancements – reinvesting to ensure adequate resourcing is available
long term to enable the transit system to grow
Based on these principles, the financial strategy outlined in LNTC-C 4-2020
recommends the transfer of all existing and incremental transit spending to the new
Commission, funded through a single regional tax levy. This strategy includes:
• a two (2) year transition period (2021, 2022) during which funding derived from
the levy is applied to the one-time costs associated with establishing the
Commission;
• a transfer implementation period of up to five (5) years (2023-2027), varying by
municipality, where existing municipal transit costs are transferred to the
Regional levy and offset by equivalent budgetary restrictions at the local level;
and
• the expansion of transit services, running concurrent with the transfer of existing
service, however finishing in 2032.
This recommendation was developed in consultation with local area Treasurers and
CAOs after consideration of a variety of strategies ranging between municipal transit
grants and a full regional upload to a single transit levy. There was no option to fully
consolidate transit into one system without a redistribution impact to municipalities.
Taxpayer Redistribution from Municipal Levy to Regional Levy
The adoption of a single regional tax levy would transition current transit funding from
municipalities to the Region, based on the regional property value assessment. As
noted during discussions at LNTC, the net impact of this transition is that a proportion of
Page 402 of 947
LNTC-C 6-2020
November 25, 2020
Page 3
______________________________________________________________________
total regional transit expenditures would be redistributed to residents in municipalities
with currently less robust transit systems and historically lower transit investment levels.
This realignment is consistent with the consolidation of transit in Niagara, as the move
to an integrated transit system is anticipated to bring a series of proportional benefits to
residents in these municipalities, including enhanced and expanded transit service, the
ability to leverage capital investments that have been made in and by other
municipalities, and a reduction in future financing costs.
• Service Enhancement - The proposed financial strategy provides for the
allocation of $2.7M in 2023 for the expansion of transit services, through the
reallocation of levy funding originally allocated to the one-time transition costs in
2021-2022. This investment will be focused in areas who currently have less
robust transit services, to enhance the connectivity of these areas to the other
existing transit systems as quickly as possible, enhancing the transit equity in
those municipalities.
These service enhancements will include the expansion of NRT On-Demand, the
provision of new conventional NRT connections, and increased frequency on
existing routes. These enhancements will facilitate greater connectivity to
employment, medical, social and consumer services across Niagara, and link
residents to the GTHA through GO train / bus services.
Where the larger systems are robust enough to remain status quo in service
changes for a short period of time during the transition phase, smaller
municipalities with smaller systems will see the first of the service improvements
with a deliberate aim to bring all 12 municipalities to a more equitable transit
service as quickly as possible. This approach of front-loading smaller system
service enhancements as the levy upload occurs was used very effectively in
both Waterloo Region and Durham Region where smaller municipalities received
improved service faster, through the early days of the consolidation, while the
larger municipalities saw their levy impact decrease.
Additional funding for further service enhancements will be requested by the
Commission and subject to the Regional council budget process, as discussed
further below and established once the new commission approves its inaugural
multi-year service plan.
• Leveraging of Prior Capital Investments – municipalities with less robust
transit services will benefit from consolidation through the ability to access and
Page 403 of 947
LNTC-C 6-2020
November 25, 2020
Page 4
______________________________________________________________________
leverage the capital investments that have been previously made by
municipalities with more robust services. A total of $127.5M in capital assets
($64.3M net of depreciation) are anticipated to be transferred to the Commission,
as summarized in Figure 1 below. These assets represent a combination of
buses, service trucks, land, facilities, and other equipment and technology.
Figure 1 - Transit Capital Assets across Niagara Region
Leveraging previous capital investments will allow the Commission to deliver
increased service into new areas of the region; which would have been costly for
smaller municipalities to undertake within their municipal budgets. For example,
existing garages can be utilized for vehicles purchased to provide increased or
new conventional services, avoiding the need for the municipality to invest in new
facilities independently.
• Net Operating Costs – The current net operating cost for all transit across
Niagara is $43.4M which includes $32.5M in service delivery, $8.6M in Facility
and Administration costs and $2.3M in debt financing. The move to a single
Regional levy redistributes the existing $8.6M in facility and administrative costs
to all new owners of the previous capital investments incurred by St. Catharines,
Niagara Falls, and Welland, while the existing local transit net operating cost in
St. Catharines and Niagara Falls reflect a reduction to the residents within those
Page 404 of 947
LNTC-C 6-2020
November 25, 2020
Page 5
______________________________________________________________________
municipalities through the upload to the Commission. It should be noted, that of
the existing $14M in Niagara Region inter-municipal services connecting all
municipalities to these urban centres delivered under the current Regional levy
funding scenario (i.e. 2020 budget), the municipalities of St. Catharines and
Niagara Falls currently contribute 45% of the Regional levy contributions.
• Intergovernmental Funding – The Provincial Gas Tax (PGT) is currently utilized
in some municipalities for operations (approx. $1.5M annually). Under a
consolidated Full Commission, these funds can be utilized for capital as intended
by the program and therefore reduce future financing costs. Based on the
current combined fleet size, purchase price, 10-year replacement cycle and the
full annual PGT allocation for all municipalities together, it is estimated that 65%
of total bus replacements can be funded through Niagara’s combined PGT
allocation. The $1.5M which is currently utilized for operations reduces this
funding to 50%; thereby increasing debt financing. However, a consolidated PGT
fund would maximize PGT investments, lower debt financing and increase fleet
replacement and required capital levy investments. Moving forward with
consolidation now will also present the opportunity to seek provincial Safe
Restart Program funding to offset anticipated transition costs. These costs may
otherwise require funding through the Regional levy should consolidation be
pursued at a later time.
While not directly included as part of the proposed Financial Strategy, there remains a
number of future opportunities to further mitigate the impacts of transition to the single
regional transit levy. These contributing factors include both future population and
assessment growth in the region, the introduction of transit into the Region’s
development charges, enhanced business development, and future intergovernmental
transit funding programs. Each of these opportunities will continued to be explored in
the future for the potential to further offset levy impacts and should be kept in mind in
relation to the future projections laid out in the Financial Strategy.
Page 405 of 947
LNTC-C 6-2020
November 25, 2020
Page 6
______________________________________________________________________
Figure 2 - Future Mitigation Strategies
Future Investment and Growth Opportunities
The NTGS outlines an aspirational growth target of +80% in transit ridership in Niagara
by 2031. This growth would be achieved primarily through unlocking latent demand for
inter-municipal trips, and is consistent with growth seen in the usage of transit in peer
jurisdictions in their post-consolidation period.
Relating the potential growth of transit ridership to the financial strategy, there are two
considerations:
• Future Investment Levels – to achieve the aspirational target outlined in the
NTGS, additional investment beyond that envisioned by the financial strategy will
be required. The NTGS identifies that achieving the high-growth target with an
88% increase in ridership will require an additional $27M in net operating
expenditures. The estimated costs of consolidation contained within this report
reflect inflationary growth only. Based on the 2020 Regional Levy, an
Page 406 of 947
LNTC-C 6-2020
November 25, 2020
Page 7
______________________________________________________________________
aspirational growth strategy would require an incremental separate transit levy of
7.0%.
In addition, an incremental capital investment of $70M-$155M may be required to
achieve this growth, of which approximately $40M is currently funded through
PTIF and ICIP programs. These investments are in addition to regular lifecycle
replacements of existing assets.
The financial strategy includes an additional $2.7M in service expansion funding
previous discussed, which is outside the aspirational growth strategy and is
intended for enhancements in those municipalities with less robust current
service to improve connectivity to urban centres and amenities. Longer-term
service enhancements will be determined by the Commission’s transit service
strategic plans, and subject to the allocation of funding through the Regional
budget process.
• COVID-19 – the aspirational +80% target was developed based on ridership
levels and modelling prior to the onset of the COVID-19 pandemic, which has
had a direct impact on transit ridership and revenues. While these impacts have
been significant in the short-term, the long-term impacts to transit remain unclear.
Trends towards greater work and study from home environments may result in
lower transit utilization in the long-term, or may have limited impact post-
pandemic. A Full Commission governance model will be best able to balance
core transit needs while simultaneously being flexible to respond to emerging
trends and service levels as circumstances require.
The Cummings Principle and Asset Transfer
The proposed application of the Cummings Principle to the transfer of assets to the
Commission remains a key principle of the financial strategy. The premise of the
Cummings Principle is to transfer assets (and related outstanding liabilities), from one
municipality to another with no additional compensation, since transferring assets for
additional compensation results in the taxpayer paying twice for the same public asset.
Board of Directors and Appointment Process
The NTGS presents a recommended Board of Directors comprised of five (5) members
of Regional Council, (4) skills-based members of the public, and the Commission’s
General Manager acting in an ex-Officio capacity. This structure was recommended to
Page 407 of 947
LNTC-C 6-2020
November 25, 2020
Page 8
______________________________________________________________________
achieve both stewardship over resources and accountability to the residents of Niagara
via elected officials, supplemented with additional skills or proficiencies necessary
through those with experience in industry or more broadly.
Discussion at LNTC raised the question of the appointment of elected officials other
than those already members of Regional Council (i.e. other local councillors). The
process for appointment of members to the Board of Directors will be determined as
part of the by-law that establishes the Commission as a legal entity, anticipated to be
brought forward in parallel with the future triple-majority approval report. Through that
process, Regional Council will have the opportunity to establish the criteria by which
members can be selected. It is presumed that a nominating committee of Regional
Council would then select members on the basis of the established criteria.
The forthcoming engagement with local area municipalities presents an opportunity to
solicit further feedback regarding the proposed member selection process and Board
Composition.
Social Equity
The guiding principles established for the NTGS determined fairness as a key objective
of the consolidation of transit, including providing a basic level of services that can be
accessed by as many Niagara residents as possible. There is currently a significant
disparity in the availability and frequency of transit service across the region between
smaller and larger municipalities.
Across the region, there are numerous residents who rely on transit as their primary
mode of transportation. As such, transit represents social equity access to employment
opportunities, medical services, educational institutions, or social activities.
The consolidation of transit is anticipated to foster a greater level of access to transit
services for those residents currently under- or unserved by transit. Under the proposed
financial strategy, this greater access in smaller municipalities will be achieved through
the expansion of services proportional with increased investment levels and the greater
integration with the services currently in place in the larger municipalities. Social equity
is achieved through transit equity and access. The aforementioned financial strategy
was designed to enable smaller municipalities to enhance their transit service levels and
connectivity as quickly as possible as the levy redistribution occurs over time. This
means front-loading the benefits of enhanced service and faster upload of the local levy
Page 408 of 947
LNTC-C 6-2020
November 25, 2020
Page 9
______________________________________________________________________
to regional as soon as possible, so as to increase their levels of social and transit equity
for their residents.
LAM Engagement Timeframes and Next Steps
Subject to the adoption of the minutes of LNTC by Regional Council on November 20,
2020, LNTC-C 4-2020 will be distributed and engagement with the LAMs seeking
feedback on and support for the proposed governance and finance models will
commence.
The specific timing and method of engagement with each LAM will be determined in
consultation with their respective CAOs and Heads of Council, acknowledging the
request from LNTC that feedback be received no later than February 28, 2021. Where
requested, Regional staff (the Project Team) and the NTGS consultants will be available
to support local staff as the item is considered at local Councils.
LNTC-C 8-2020 provides the draft presentation planned for use, where and if requested
by the local area municipality. This presentation has been provided to committee
separate from this report, as it is not recommended that this presentation be directly
distributed to LAMs in parallel with the distribution of the supplementary information
contained in this memo (should committee opt to distribute this information). This is
recommended in order to facilitate required tailoring and updating for each municipality,
and avoid confusion between what is an indicative presentation and the final
presentation intended for each LAM.
In parallel to engagement with the LAMs, Regional staff will undertake the evaluation of
impacts to Niagara Region Transit, Niagara Specialized Transit, Niagara Region Transit
OnDemand, and the Regional tax levy from the proposed resolution in LNTC-C 4-2020.
This assessment will be returned to LNTC for consideration in advance February 28,
2021, so that input from LNTC and Niagara Region Public Works Committee (as well as
a position on the requested motion) can be received in parallel to that from the LAMs.
This collective feedback will be used to further refine the proposed governance and
financial models, in advance of the initiation of the triple-majority process in Q2 2021.
Page 409 of 947
LNTC-C 6-2020
November 25, 2020
Page 10
______________________________________________________________________
Respectfully submitted and signed by,
________________________________
Scott Fraser, P. Eng.
Transportation Lead | GO Implementation Office
Page 410 of 947
1 Parking Services
Page 411 of 947
Index
PARKING SERVICES
Parking Budget Summary
Insurance Claim Services
Parking Maintenance Services
Parking Lot #2 (Park/Erie)
Parking Lot #3 (Park/St.Clair)
Parking Lot #4 (Ellen)
Parking Lot #5 (College/Palmer)
Parking Lot #7 (Huron/Ontario)
Parking Lot #8 (Huron/St.Clair)
Parking Lot #9 (Huron/St.Lawrence)
Parking Lot #10 (Park/Crysler)
Parking Lot #12 (Sylvia Place)
Parking Lot #13 (Main)
Parking Lot #15 (McGrail)
Parking Lot #17 (Morrison)
Parking Lot #18 (Kitchener/Victoria)
Parking Lot #19 (City Hall)
Parking Lot #20 (Bender/Palmer)
Parking Control Services
Page 412 of 947
2021 Budget to 2020 Budget Comparison
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Fines 500,000 495,000 5,000 1.01%
Permits 126,200 150,280 (24,080)(16.02%)
Other Revenue 0 0 0 #DIV/0!
User Fees 694,500 836,540 (142,040)(16.98%)
Miscellaneous Revenue 1,320,700 1,481,820 (161,120)(10.87%)
From Reserve Funds 31,965 0 31,965 #DIV/0!
Internal Transfers 31,965 0 31,965 #DIV/0!
TOTAL REVENUE 1,352,665 1,481,820 (129,155)(8.72%)
EXPENSES
Labour 405,704 389,711 15,993 4.10%
Employee Benefits Allocation 124,542 119,226 5,316 4.46%
Overtime 1,500 1,500 0 0.00%
Labour and Benefits 531,746 510,437 21,309 4.17%
Materials 69,500 65,000 4,500 6.92%
Professional
Development/Workshops 1,200 1,200 0 0.00%
Insurance Premiums 140 574 (434)(75.61%)
Conferences/Conventions 3,000 2,000 1,000 50.00%
Membership/Subscriptions 1,400 1,400 0 0.00%
Office Supplies 6,400 9,000 (2,600)(28.89%)
Electricity 1,800 1,400 400 28.57%
Materials 83,440 80,574 2,866 3.56%
Contracted Services 369,000 402,000 (33,000)(8.21%)
Snow Plowing 103,500 110,300 (6,800)(6.17%)
Contracted Services 472,500 512,300 (39,800)(7.77%)
Rents and Financial Expenses 93,000 141,000 (48,000)(34.04%)
Internal Rent 77,573 63,135 14,438 22.87%
Indirect Costs 94,406 105,790 (11,384)(10.76%)
To Reserve Funds 0 68,584 (68,584)(100.00%)
To Special Purpose Reserves 0 0 0 #DIV/0!
Internal Transfers 171,979 237,509 (65,530)(27.59%)
TOTAL EXPENSES 1,352,665 1,481,820 (129,155)(8.72%)
(Surplus)/Deficit 0 0 0 #DIV/0!
PARKING FUND
1
Page 413 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:22 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-132015-??????To :17-4-132015-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
132015-->INSURANCE CLAIM SERVICES
3-->EXPENSE
17-3-132015-030000 MATERIALS 20,000 0
Total EXPENSE 20,000 0
INSURANCE CLAIM SERVICES Surplus/Deficit 20,000 0
Total PARKING FUND 20,000 0
2
Page 414 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:28 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341000-??????To :17-4-341000-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341000-->PARKING MAINTENANCE SERVICES
3-->EXPENSE
17-3-341000-010000 LABOUR 346,099 331,162
17-3-341000-010013 EMPLOYEE BENEFITS ALLOCATION 105,118 100,343
17-3-341000-010016 OVERTIME 1,500 1,500
17-3-341000-030001 MATERIALS ITC 34,800 32,800
17-3-341000-030005 PROFESSIONAL DEVELOPMENT/WORKS 1,200 1,200
17-3-341000-030017 INSURANCE PREMIUMS 140 574
17-3-341000-030018 CONFERENCES/CONVENTIONS 3,000 2,000
17-3-341000-040001 CONTRACTED SERVICES ITC 98,000 98,000
17-3-341000-040007 SNOW PLOWING 45,000 45,000
17-3-341000-050001 RENTS AND FINANCIAL EXPENSES I 22,000 22,000
17-3-341000-080004 TO RESERVE FUNDS 0 68,584
17-3-341000-090000 INTERNAL RENT 32,847 22,735
17-3-341000-090001 INDIRECT COSTS 94,406 105,790
Total EXPENSE 784,110 831,688
4-->REVENUE
17-4-341000-680000 PERMITS -10,500 -10,500
17-4-341000-710000 USER FEES -450,000 -515,000
17-4-341000-780001 FROM RESERVE FUNDS -31,965 0
Total REVENUE -492,465 -525,500
PARKING MAINTENANCE SERVICES Surplus/Deficit 291,645 306,188
Total PARKING FUND 291,645 306,188
3
Page 415 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:29 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341102-??????To :17-4-341102-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341102-->PARKING LOT #2 - PARK / ERIE
3-->EXPENSE
17-3-341102-030001 MATERIALS ITC 1,000 2,500
17-3-341102-040007 SNOW PLOWING 7,000 6,000
Total EXPENSE 8,000 8,500
4-->REVENUE
17-4-341102-680000 PERMITS -18,000 -21,350
17-4-341102-710000 USER FEES -3,800 -3,700
Total REVENUE -21,800 -25,050
PARKING LOT #2 - PARK / ERIE Surplus/Deficit -13,800 -16,550
Total PARKING FUND -13,800 -16,550
4
Page 416 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:30 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341103-??????To :17-4-341103-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341103-->PARKING LOT #3 - PARK / ST CLAIR
3-->EXPENSE
17-3-341103-030001 MATERIALS ITC 1,000 3,000
17-3-341103-040007 SNOW PLOWING 5,000 4,500
Total EXPENSE 6,000 7,500
4-->REVENUE
17-4-341103-680000 PERMITS -13,000 -13,260
17-4-341103-710000 USER FEES -10,000 -12,000
Total REVENUE -23,000 -25,260
PARKING LOT #3 - PARK / ST CLAIR Surplus/Deficit -17,000 -17,760
Total PARKING FUND -17,000 -17,760
5
Page 417 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:31 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341104-??????To :17-4-341104-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341104-->PARKING LOT #4 - ELLEN
3-->EXPENSE
17-3-341104-030001 MATERIALS ITC 7,200 7,800
17-3-341104-030008 ELECTRICITY ITC 800 0
17-3-341104-040007 SNOW PLOWING 5,000 5,000
Total EXPENSE 13,000 12,800
4-->REVENUE
17-4-341104-710000 USER FEES -120,000 -135,000
Total REVENUE -120,000 -135,000
PARKING LOT #4 - ELLEN Surplus/Deficit -107,000 -122,200
Total PARKING FUND -107,000 -122,200
6
Page 418 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:38 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341105-??????To :17-4-341105-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341105-->PARKING LOT #5 - COLLEGE / PALMER
3-->EXPENSE
17-3-341105-030001 MATERIALS ITC 0 200
17-3-341105-040007 SNOW PLOWING 500 1,000
Total EXPENSE 500 1,200
4-->REVENUE
17-4-341105-710000 USER FEES -7,000 -8,500
Total REVENUE -7,000 -8,500
PARKING LOT #5 - COLLEGE / PALMER Surplus/Deficit -6,500 -7,300
Total PARKING FUND -6,500 -7,300
7
Page 419 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:38 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341107-??????To :17-4-341107-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341107-->PARKING LOT #7 - HURON / ONTARIO
3-->EXPENSE
17-3-341107-030001 MATERIALS ITC 0 700
17-3-341107-040007 SNOW PLOWING 4,500 4,100
Total EXPENSE 4,500 4,800
4-->REVENUE
17-4-341107-680000 PERMITS -11,000 -11,350
Total REVENUE -11,000 -11,350
PARKING LOT #7 - HURON / ONTARIO Surplus/Deficit -6,500 -6,550
Total PARKING FUND -6,500 -6,550
8
Page 420 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:40 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341108-??????To :17-4-341108-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341108-->PARKING LOT #8 - HURON / ST CLAIR
3-->EXPENSE
17-3-341108-030001 MATERIALS ITC 0 400
17-3-341108-040007 SNOW PLOWING 5,500 5,000
Total EXPENSE 5,500 5,400
4-->REVENUE
17-4-341108-680000 PERMITS -10,000 -13,350
Total REVENUE -10,000 -13,350
PARKING LOT #8 - HURON / ST CLAIR Surplus/Deficit -4,500 -7,950
Total PARKING FUND -4,500 -7,950
9
Page 421 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:41 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341109-??????To :17-4-341109-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341109-->PARKING LOT #9 - HURON / ST LAWRENCE
3-->EXPENSE
17-3-341109-030001 MATERIALS ITC 0 500
17-3-341109-040007 SNOW PLOWING 4,500 4,000
Total EXPENSE 4,500 4,500
4-->REVENUE
17-4-341109-680000 PERMITS -1,200 -5,000
17-4-341109-710000 USER FEES -500 -400
Total REVENUE -1,700 -5,400
PARKING LOT #9 - HURON / ST LAWRENCE Surplus/Defic 2,800 -900
Total PARKING FUND 2,800 -900
10
Page 422 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:42 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341110-??????To :17-4-341110-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341110-->PARKING LOT #10 - PARK / CRYSLER
3-->EXPENSE
17-3-341110-030001 MATERIALS ITC 0 1,400
17-3-341110-040007 SNOW PLOWING 2,000 8,000
Total EXPENSE 2,000 9,400
4-->REVENUE
17-4-341110-680000 PERMITS 0 -5,150
17-4-341110-710000 USER FEES 0 -3,400
Total REVENUE 0 -8,550
PARKING LOT #10 - PARK / CRYSLER Surplus/Deficit 2,000 850
Total PARKING FUND 2,000 850
11
Page 423 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:43 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341112-??????To :17-4-341112-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341112-->PARKING LOT #12 - SYLVIA PLACE
3-->EXPENSE
17-3-341112-030001 MATERIALS ITC 0 2,000
17-3-341112-040007 SNOW PLOWING 2,000 4,500
Total EXPENSE 2,000 6,500
4-->REVENUE
17-4-341112-680000 PERMITS -15,000 -24,250
17-4-341112-710000 USER FEES -1,000 -7,000
Total REVENUE -16,000 -31,250
PARKING LOT #12 - SYLVIA PLACE Surplus/Deficit -14,000 -24,750
Total PARKING FUND -14,000 -24,750
12
Page 424 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:43 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341113-??????To :17-4-341113-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341113-->PARKING LOT #13 - MAIN
3-->EXPENSE
17-3-341113-030001 MATERIALS ITC 0 500
17-3-341113-040007 SNOW PLOWING 3,000 4,000
Total EXPENSE 3,000 4,500
4-->REVENUE
17-4-341113-680000 PERMITS -500 -800
17-4-341113-710000 USER FEES -200 -1,040
Total REVENUE -700 -1,840
PARKING LOT #13 - MAIN Surplus/Deficit 2,300 2,660
Total PARKING FUND 2,300 2,660
13
Page 425 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:44 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341115-??????To :17-4-341115-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341115-->PARKING LOT #15 - McGRAIL
3-->EXPENSE
17-3-341115-030001 MATERIALS ITC 0 500
17-3-341115-040007 SNOW PLOWING 2,500 2,500
Total EXPENSE 2,500 3,000
4-->REVENUE
17-4-341115-680000 PERMITS -9,000 -9,170
Total REVENUE -9,000 -9,170
PARKING LOT #15 - McGRAIL Surplus/Deficit -6,500 -6,170
Total PARKING FUND -6,500 -6,170
14
Page 426 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:44 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341117-??????To :17-4-341117-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341117-->PARKING LOT #17 - MORRISON STREET
3-->EXPENSE
17-3-341117-030001 MATERIALS ITC 0 1,000
17-3-341117-040007 SNOW PLOWING 4,500 4,200
Total EXPENSE 4,500 5,200
4-->REVENUE
17-4-341117-680000 PERMITS -26,000 -24,000
Total REVENUE -26,000 -24,000
PARKING LOT #17 - MORRISON STREET Surplus/Deficit -21,500 -18,800
Total PARKING FUND -21,500 -18,800
15
Page 427 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:45 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341118-??????To :17-4-341118-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341118-->PARKING LOT #18 - KITCHENER / VICTORIA
3-->EXPENSE
17-3-341118-030001 MATERIALS ITC 0 1,500
17-3-341118-030008 ELECTRICITY ITC 1,000 1,400
17-3-341118-040007 SNOW PLOWING 4,500 5,000
17-3-341118-050001 RENTS AND FINANCIAL EXPENSES I 25,000 60,000
Total EXPENSE 30,500 67,900
4-->REVENUE
17-4-341118-710000 USER FEES -50,000 -85,000
Total REVENUE -50,000 -85,000
PARKING LOT #18 - KITCHENER / VICTORIA Surplus/Def -19,500 -17,100
Total PARKING FUND -19,500 -17,100
16
Page 428 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:46 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341119-??????To :17-4-341119-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341119-->PARKING LOT #19 - CITY HALL
3-->EXPENSE
17-3-341119-030001 MATERIALS ITC 0 1,800
17-3-341119-040007 SNOW PLOWING 5,500 5,000
Total EXPENSE 5,500 6,800
4-->REVENUE
17-4-341119-680000 PERMITS -12,000 -12,100
17-4-341119-710000 USER FEES -7,000 -8,000
Total REVENUE -19,000 -20,100
PARKING LOT #19 - CITY HALL Surplus/Deficit -13,500 -13,300
Total PARKING FUND -13,500 -13,300
17
Page 429 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:46 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-341120-??????To :17-4-341120-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
341120-->PARKING LOT #20 - BENDER / PALMER
3-->EXPENSE
17-3-341120-030001 MATERIALS ITC 2,000 3,000
17-3-341120-040007 SNOW PLOWING 2,500 2,500
Total EXPENSE 4,500 5,500
4-->REVENUE
17-4-341120-710000 USER FEES -45,000 -50,000
Total REVENUE -45,000 -50,000
PARKING LOT #20 - BENDER / PALMER Surplus/Deficit -40,500 -44,500
Total PARKING FUND -40,500 -44,500
18
Page 430 of 947
GL5280 Page :1CITY OF NIAGARA FALLS Date :Jan 05, 2021 Time :11:48 am
Budget Report By Function
From Category :100000 To Category :823021
Account Code :17-3-342005-??????To :17-4-342005-??????
2021 2020
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
17-->PARKING FUND
342005-->PARKING CONTROL SERVICES
3-->EXPENSE
17-3-342005-010000 LABOUR 59,605 58,549
17-3-342005-010013 EMPLOYEE BENEFITS ALLOCATION 19,424 18,883
17-3-342005-030001 MATERIALS ITC 3,500 5,400
17-3-342005-030034 MEMBERSHIP/SUBSCRIPTIONS 1,400 1,400
17-3-342005-030035 OFFICE SUPPLIES 6,400 9,000
17-3-342005-040001 CONTRACTED SERVICES ITC 271,000 304,000
17-3-342005-050001 RENTS AND FINANCIAL EXPENSES I 46,000 59,000
17-3-342005-090000 INTERNAL RENT 44,726 40,400
Total EXPENSE 452,055 496,632
4-->REVENUE
17-4-342005-710000 USER FEES 0 -7,500
17-4-342005-730001 FINES -500,000 -495,000
Total REVENUE -500,000 -502,500
PARKING CONTROL SERVICES Surplus/Deficit -47,945 -5,868
Total PARKING FUND -47,945 -5,868
19
Page 431 of 947
January 19, 2021
City of Niagara Falls
2021 Parking Budget
Page 432 of 947
A GREAT CITY…FOR GENERATIONS TO COME
2021 Parking Budget Overview
•Review of 2021 proposed
revenues and expenses by
object code
•Review of 2021 proposed
Surplus/(Deficit) by
Responsibility Centre
•Update on new and
ongoing parking initiatives
Page 433 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Parking Budget Comparison –Revenues
Revenues 2021 2020 Variance
$
Variance
%
Fines 500,000 495,000 5,000 1.01%
Permits 126,200 150,280 (24,080)(16.02)%
User Fees 694,500 836,540 (142,040)(16.98)%
From Reserve Fund 31,965 0 31,965 N/A
Total 1,352,665 1,481,820 (129,155)(8.72)%Page 434 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Parking Budget Comparison –Expenses
Expenditures 2021 2020 Variance
$
Variance
%
Salaries & Wages 405,704 389,711 15,993 4.10%
Employee Benefits 124,542 119,226 5,316 4.46%
Overtime 1,500 1,500 0 0.00%
Materials 83,440 80,574 2,866 3.56%
Contract Services 472,500 512,300 (39,800)(7.77)%
Rents & Financials 93,000 141,000 (48,000)-34.04%
Transfer to Reserves 0 68,584 (68,584)(100.00)%
Internal Transfers 171,979 168,925 3,054 1.81%
Total 1,352,665 1,481,820 (129,155)(8.72)%Page 435 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Parking Budget Comparison –By Responsibility
Responsibility Centre
Surplus/
(Deficit)
2021
Surplus/
(Deficit)
2020
Change
$
Change
%
Insurance Claim Services (20,000)0 (20,000)N/A
Parking Maintenance (291,645)(306,188)14,543 4.75%
Lot 2 (Park/Erie)13,800 16,550 (2,750)(16.62)%
Lot 3 (Park/St. Clair)17,000 17,760 (760)(4.28)%
Lot 4 (Ellen)107,000 122,200 (15,200)(12.44)%
Lot 5 (College/Palmer)6,500 7,300 (800)(10.96)%
Lot 7 (Huron/Ontario)6,500 6,550 (50)(0.76)%
Lot 8 (Huron/St. Clair)4,500 7,950 (3,450)(43.40)%
Lot 9 (Huron/St. Lawrence)(2,800)900 (3,700)(411.11)%
Lot 10 (Park/Crysler)(2,000)(850)(1,150)135.29%
*** Continued on next slide ***Page 436 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Parking Budget Comparison –By Responsibility
Responsibility Centre
Surplus/
(Deficit)
2021
Surplus/
(Deficit)
2020
Change
$
Change
%
Lot 12 (Sylvia Place)14,000 24,750 (10,750)(43.43)%
Lot 13 (Main)(2,300)(2,660)360 13.53%
Lot 15 (McGrail)6,500 6,170 330 5.35%
Lot 17 (Morrison)21,500 18,800 2,700 14.36%
Lot 18 (Kitchener/Victoria)19,500 17,100 2,400 14.04%
Lot 19 (City Hall)13,500 13,300 200 1.50%
Lot 20 (Bender/Palmer)40,500 44,500 (4,000)(8.99)%
Parking Control Services 47,945 5,868 42,077 717.06%
Total $ 0 $ 0 $0
Page 437 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Parking Initiatives Update
Parking Initiatives Update
Online Permit Payments
•Update online payment options for parking
permit holders
City-Wide Strategic Parking Plan
•Review comparable rates
•Review current parking supply and
demand
•Review future growth requirements
•Considers impacts of: new theatre, The Exchange
culture hub and Go Station developments
Page 438 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
1.That Council approve the 2021 proposed parking
budget as presented. Page 439 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Questions?Page 440 of 947
MW-2021-07
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Municipal Works
SUBJECT: MW-2021-07
Proposed Parking Fine Increase
RECOMMENDATION
1. That council approve the proposed parking fine rate increase as recommended in
the 2021 schedule of fees and
2. That the AMP By-Law 2014-65 amendment be given a first, second and third
reading and that the Mayor and Clerk be authorized to execute the By-Law
changes;
EXECUTIVE SUMMARY
Parking fine rates for the City of Niagara Falls have not changed since early 2000. The
proposed fines have been approved in the 2021 schedule of fees however requires an
amendment to the Administrative Monetary Penalties bylaw 2014 -65 schedules. The
proposed fine increase is also allocated within the 2021 Parking Budget
BACKGROUND
Parking rate fines have not changed for over twenty years with the last fine increase in
2000. As cost of parking increases so should the rate of penalty fees to ma intain that a
fine serves as a deterrent to illegal parking and address public safety concerns.
It is also noted with the increase cost and demand for parking that tourist will take their
chances to park illegally and get a lower fine ticket that they pay or dispute later than pay
higher amount for special event parking or hotel parking rates when visiting Niagara Falls.
With the standard increase in paid parking rates and parking supply and demand; it is
recommended that parking fines increase to better reflect the industry changes. The
increase in rate maintain a set that is standard fine structure for Ontario municipalities as
a deterrent for illegal parking
Changes to the parking rates will also allow for additional fine requirements such as
special event fine rates as well as fines rates implementations recommended by Ontario
Highway Traffic act for the regulation and enforcement of electric vehicle parking stalls .
Page 441 of 947
2 MW-2021-07
January 19, 2021
ANALYSIS/RATIONALE
Parking rates and fines should be reviewed regularly to dete rmine cost effectiveness,
supply and demand needs and municipal best practices. Parking penalty rates have not
increased in twenty years. Recent parking fine rate increases have been implemented by
the Niagara Parks Commission. Rate changes have been approved in the 2021 Schedule
of fees and are reflective in the 2021 Parking Budget revenues.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Increase in the fines result in generating approximately $35,000 of additional revenue in
the parking budget
CITY’S STRATEGIC COMMITMENT
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist and pedestrian safety.
Provide a convenient, cost effective and customer friendly parking system based on the
User Pay Philosophy.
LIST OF ATTACHMENTS
Proposed AMP bylaw 2014-65 amended schedules A, B,C,D,E
Recommended by:
Erik Nickel, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
P. Brown
Page 442 of 947
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2021 -
A by-law to amend By-law No. 2014-65, being a By-law
to establish a System of Administrative Penalties
respecting the stopping, standing or parking of vehicles
in the City of Niagara Falls.
--------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. Schedule “A" of By-law No. 2014-65, as amended, is deleted and replaced with the following:
1. For the purposes of section 3 of this By-law, Column 1 in the following table lists the
provisions in the Traffic By-law No. 89-2000, as amended that are hereby designated for the
purposes of 3(1)(b) of the Regulation.
2. Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1.
3. Column 3 in the following table sets out the Administrative Penalty amounts that are
payable for contraventions of the designated provisions listed in Column 1.
ITEM
COLUMN 1
Designated
Provisions
COLUMN 2 Short Form Wording COLUMN 3
Administrative
Penalty
Bylaw Section VIOLATION Fine
89-2000 201.01 (STOP/STAND/PARK) FACING WRONG WAY $30
89-2000 201.02 (STOP/STAND/PARK) TOO FAR FROM EDGE OF ROAD/CURB $30
89-2000 201.03 (STOP/STAND/PARK) TOO FAR FROM EDGE OF SHOULDER $60
SCHEDULE “A”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW
DESIGNATED BY-LAW PROVISIONS – TRAFFIC BY-LAW NO. 89-2000
Page 443 of 947
89-2000 201.04
(STOP/STAND/PARK) FACING WRONG WAY ON THE LEFT SIDE OF A
ONE-WAY HIGHWAY $60
89-2000 201.05
(STOP/STAND/PARK) TOO FAR FROM LEFT EDGE/CURB OF A ONE
WAY HIGHWAY $30
89-2000 201.06
(STOP/STAND/PARK) TOO FAR FROM LEFT SHOULDER EDGE OF A
ONE-WAY HIGHWAY $30
89-2000 201.07 (STOP/STAND/PARK) CONTRARY TO DESIGNATEDANGLE $30
89-2000 201.08 (STOP/STAND/PARK) NOT WITHIN DESIGNATED SPACE $30
89-2000 201.09
(STOPPING/STANDING/PARKING) ON ROADWAYSIDE OF OTHER
VEHICLE $60
89-2000 202.02 PARK REPEATEDLY (AT/NEAR) ONE LOCATION $30
89-2000 202.03
(STOP/STAND/PARK) A LARGE MOTOR VEHICLE IN A RESIDENTIAL
AREA $60
89-2000 203.01 STOP ON/OVER/PARTLY ON SIDEWALK $60
89-2000 203.01 STOP WITHIN AN INTERSECTION $60
89-2000 203.01 STOP ON OR BESIDE A MEDIAN $60
89-2000 203.01 STOP ADJACENT TO OBSTRUCTION SO AS TO IMPEDE TRAFFIC $60
89-2000 203.01 STOP WITHIN A CROSSWALK $60
89-2000 203.01 STOP ON/IN OR WITHIN 30M OFBRIDGE/STRUCTURE/TUNNEL $60
89-2000 203.01.06 PARK ON BOULEVARD WHERE PROHIBITED $30
89-2000 203.03 STOP WHERE PROHIBITED BY SIGN $60
89-2000 204.01 STAND NEAR DESIGNATED BUS STOP $60
89-2000 204.02 STAND WHERE PROHIBITED BY SIGN $60
89-2000 205.01
PARK SO AS TO OBSTRUCT VEHICLE IN USE OF LANEWAY OR
DRIVEWAY $30
89-2000 205.01
PARK ON A DRIVEWAY TOO CLOSE/ON SIDEWALK OR EDGE OF
ROADWAY $30
89-2000 205.01 PARK FOR SERVICING OTHER THAN EMERGENCY $30
89-2000 205.01 PARK WITHIN 10M OF AN INTERSECTION $30
89-2000 205.01 PARK WITHIN 3M OF A FIRE HYDRANT $60
89-2000 205.01 PARK FOR MORE THAN 12 HOURS $30
89-2000 205.01 PARK ON AN INNER BOULEVARD $30
89-2000 205.01
PARK IN FRONT OF OR WITHIN 1.5M OF LANEWAY, DRIVEWAY OR
CURB CUT/DEPRESSED CURB $30
89-2000 205.01 PARK BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. $30
89-2000 205.01 PARK FOR DISPLAY OF SALE OR LEASE OF VEHICLE $30
89-2000 205.01.03 PARK ON BOULEVARD $30
89-2000 205.01.12 PARK A HEAVY VEHICLE BETWEEN THE HOURS OF 2:00 & 6:00 A.M. $90
89-2000 205.01.13 PARK A HEAVY VEHICLE ON A BOULEVARD $90
89-2000 205.02.09 PARK IN A CUL-DE-SAC $30
89-2000 205.03 PARK WHERE PROHIBITED BY SIGN $30
89-2000 205.04
PARK TRAILER/COMMERCIAL VEHICLE WHEREPROHIBITED BY
SIGN $30
89-2000 207.01 PARK OVER TIME LIMIT WHERE PROHIBITEDBY SIGN $30
89-2000 209.01 PARK NOT ADJACENT TO METER $30
89-2000 209.01.03 ANGLE PARK AT METER - WRONG DIRECTION $30
89-2000 209.02 PARKED OUTSIDE METERED SPACE $30
Page 444 of 947
89-2000 209.03 PARK IN OCCUPIED METER SPACE $30
89-2000 209.03 PARK AT COVERED METER $30
89-2000 209.05 DEPOSIT UNLAWFUL COIN IN PARKING METER $30
89-2000 209.06.01 RCP USAGE $0
89-2000 209.06.01 PARK OVER TIME LIMIT - METERED ZONE $25
89-2000 209.06.02 PARK AT EXPIRED METER $25
89-2000 209.06.03 PARK AT EXPIRED METER DESIGNATED STREETS $15
89-2000 209.1 (STOP/STAND/PARK) TAXICAB IN METERED PARKING SPACE $30
89-2000 301.02 PARK WHERE PROHIBITED - PUBLIC VEHICLE PARKING ZONE $30
89-2000 301.03 STAND WHERE PROHIBITED - PUBLIC VEHICLE BUS STOP $60
89-2000 303.03 STOP A MOBILE CANTEEN WHERE PROHIBITED $60
89-2000 304.01 STAND AT A TAXI STAND $50
89-2000 305.01 STOP TO (LOAD/UNLOAD) WHERE PROHIBITED $60
89-2000 305.02 STOP IN LOADING ZONE $60
Page 445 of 947
2. Schedule “B” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
1 For the purposes of section 3 of this By-law, Column 1 in the following table lists the provisions
in the Municipal Parking By-law No. 80-77, as amended that are hereby designated for the
purposes of 3(1)(b) of the Regulation.
2 Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1.
3 Column 3 in the following table sets out the Administrative Penalty amounts that are
4 payable for contraventions of the designated provisions listed in Column 1.
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Designated Short Form Wording Administrative
Provisions Penalty
1. 2 Park- Private property where prohibited by sign $30.00
2. 3 Park- City property where prohibited by sign $30.00
SCHEDULE “B”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW
DESIGNATED BY-LAW PROVISIONS – PRIVATE PARKING BY-LAW NO. 80-77
Page 446 of 947
3. Schedule “C” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
1 For the purposes of section 3 of this By-law, Column 1 in the following table lists the provisions
in the Municipal Parking By-law No. 96-50, as amended that are hereby designated for the
purposes of 3(1)(b) of the Regulation.
2 Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1.
3 Column 3 in the following table sets out the Administrative Penalty amounts that are payable
for contraventions of the designated provisions listed in Column 1.
ITEM
COLUMN 1
Designated
Provisions
COLUMN 2 Short Form Wording COLUMN 3
Administrative
Penalty
96-50 14 PARK ON DAYS OR TIMES NOT PERMITTED $25
96-50 14 PARKED LONGER THAN PERMITTED BY METER $25
96-50 15(B) PARK AT EXPIRED METER $25
96-50 15.(c) PARK AT EXPIRED METER DESGINATED LOTS $25
96-50 23 PARK DISPLAYING EXPIRED TICKET $25
96-50 23 PARK DISPLAYING NO TICKET $25
96-50 6.(B) PARKED WITHOUT A VALID PERMIT $30
SCHEDULE “C”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW
DESIGNATED BY-LAW PROVISIONS – MUNICIPAL PARKING BY-LAW NO. 96-50
Page 447 of 947
4. Schedule “D” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
1 Provisions in the Fire Route By-law No. 80-114, as amended that are hereby designated
for the purposes of 3(1 )(b) of the Regulation.
2 Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1.
3 Column 3 in the following table sets out the Administrative Penalty amounts that are
payable for contraventions of the designated provisions listed in Column 1.
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Designated Short Form Wording Administrative
Provisions Penalty
1. 3 Park in a fire route where prohibited by $110.00
sign
SCHEDULE “D”
CITY OF NIAGARA FALLS ADMINISTRATIVE BY-LAW
DESIGNATED BY-LAW PROVISIONS – FIRE ROUTE BY-LAW NO. 80-114
Page 448 of 947
5. Schedule “E” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
Provisions in the Handicapped By-law No. 94-262, as amended that are hereby designated for
the purposes of section (8) of the Regulation.
1 Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column
2 Column 3 in the following table sets out the Administrative Penalty amounts that are
payable for contraventions of the designated provisions listed in Column 1.
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Designated Short Form Wording Administrative
Provisions Penalty
94-262 8 Use of Handicapped Space by other than
physically disabled person $300.00
SCHEDULE “E”
CITY OF NIAGARA FALLS ADMINISTRATIVE BY-LAW
DESIGNATED BY-LAW PROVISIONS – FIRE ROUTE BY-LAW NO. 80-114
Page 449 of 947
6. Schedule “F” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
Note:
The fees and charges as listed in this Schedule "F" to this By-law will be subject to
Harmonized Sales Tax (H.S.T.) where applicable.
This By-law shall come into force immediately.
Passed this nineteenth day of January, 2021.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: January 19, 2021
Second Reading: January 19, 2021
Third Reading: January 19, 2021
ITEM FEE
Hearing Non-appearance Fee $50.00
Late Payment Fee $20.00
MTO Search Fee $15.00
Screening Non-appearance Fee $25.00
SCHEDULE “F”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW
ADMINISTRATIVE FEES
Page 450 of 947
F-2021-06
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2021-06
2019 Parking Fund Budget to Actual (unaudited) Comparison
RECOMMENDATION
For the information of Council.
EXECUTIVE SUMMARY
The purpose of this report is to show Council the final draft (unaudited) 2019 budget to
actual results for the Parking Fund explaining any large variances.
Within attachment 1, if there is a note number notation to the right of the variance
column, there is a corresponding explanation to that note number located in the analysis
section of this report. Please refer to this report in conjunction with the attachments.
BACKGROUND
Over the past couple years, since I began as Treasurer, Council has expressed a desire
to view actuals in conjunction with the budget. While it would not be overly useful to see
2020 actuals to date as many re-allocation and year end entries are still required, staff
felt it appropriate to share the unaudited 2019 budget to actual results of the Parking
Fund.
ANALYSIS/RATIONALE
Attachment 1 contains the Parking Fund 2019 budget to actual comparison.
PARKING FUND (FUND 17)
Revenues
1. User fees make up the largest portion of the revenue budget at $788,100 with
actuals of $973,331 resulting in an excess of $185,231 (or 23.50%) compared to
budgeted user fees. Specifically the largest variance in budget to actuals for user
fees are as follows:
Page 451 of 947
2
F-2021-06
January 19, 2021
Resp. Centre Budget Actual Variance
Parking Maintenance Serv. $500,000 $590,000 $90,000
Lot #4 Ellen $110,000 $160,000 $50,000
Lot #18 Kitchener/ Victoria $75,000 $100,000 $25,000
Lot #20 Bender/Palmer $50,000 $62,000 $12,000
$177,000
The above noted responsibility centres make up for $177,000 of the $185,000
variance in budgeted user fees versus actuals and can simply be explained that
Parking saw a better year than anticipated, particularly in the tourist lots. Staff
have been seeing a notable increase in the use of Lot #20 Bender/Palmer over
the years and are hopeful once the new theatre is able to open this will bring
additional revenue to the parking fund.
Expenses
2. Materials overall are over budget $26,197 or 44.90% and is largely due to
insurance claim payouts that were not previously budgeted. This accounts for
$19,000 of the $26,000 variance. Moving forward in 2021 staff have
recommended a $20,000 budget in the 2021 budget for insurance claim payouts
relating to parking based on a 3 year average of actuals.
3. Contracted Services overall is over budget $47,732 or 11.47% and can be
explained as follows:
The budget for this area in 2019 was as follows:
i. Commissionaires $270,000
ii. Gtechna Annual Service Agreement $16,000
Actual expenses regarding Commissionaires totalled $326,500 resulting in
a $56,500 overage largely due to significant staffing turnover requiring
additional training of new staff members. The Annual Service Agreement
came under budget at $8,600 resulting in a positive variance of $7,400.
4. Rents and Financial Expenses overall is over budget $36,224 or 34.01% which
can be explained as follows:
The increase in user fees noted above also meant an increase in
debit/credit card processing fees for the parking fund. This accounted for
$18,000 of the $36,224 variance.
There is an agreement with the MTO on Lot #18 whereby the City must
pay 50% of the net revenues to the MTO. The City budgeted for $30,000
to be paid to the MTO however actual revenues came in higher than
Page 452 of 947
3
F-2021-06
January 19, 2021
budget thus the payment of 50% of net revenues to MTO was also higher
than budget. This resulted in a budget overage of $10,600 in this area.
5. Prior to any final reserve entries, the Parking Fund was sitting at a surplus of
$223,198. As at December 31, 2018 year end the accumulated surplus in the
Parking Fund, per the City’s draft unaudited financial statements is $16,672. Staff
would like to see a bit more of a buffer in the accumulated surplus and as such
staff reserved $200,000 of the surplus leaving a final surplus of $23,198 for 2019.
The accumulated surplus balance for the Parking Fund as at December 31, 2019
is projected to be $39,870.
While the goal of the parking fund is to be self-sustaining, in 2017 the parking
reserve fund was in a $52,000 deficit position and the final 2017 parking fund
results did not allow for any surplus to be transferred to it. As a result a decision
was made to temporarily borrow $175,000 from 2017 Traffic surpluses achieved
in the tax supported operating budget. The Parking Fund is now in a position to
pay the $175,000 back to Traffic and as such $175,000 was transferred to
Capital Special Purpose Reserve 17 – Traffic Subdivision Control to have
funds available for mid year Council approvals of traffic calming measures.
The remaining $25,000 was transferred to the Parking Reserve Fund.
For Councils interest, the balance in the Parking Reserve Fund as at December
31, 2019 including the above mentioned $25,000 transfer is $149,398.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Financial implications have been communicated above in the analysis section.
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
1. Parking Fund 2019 Budget to Actual (unaudited) Comparison
Page 453 of 947
4
F-2021-06
January 19, 2021
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
T. Clark
Page 454 of 947
Attachment 1 - Parking Fund 2019 Budget to Actual Comparison F-2021-06
January 19, 2021
2019 Budget to Actual Comparison
Budget Actuals
(Over)/Under
Budget
Variance
(Over)/Under
2019 2019 $%
REVENUES
Fines 430,000 479,243 (49,243)-11.45%
Permits 140,600 147,418 (6,818)-4.85%
Other Revenue 0 14,978 (14,978)#DIV/0!
User Fees 788,100 973,331 (185,231)-23.50%
Miscellaneous Revenue 1,358,700 1,614,969 (256,269)-18.86%
TOTAL REVENUE 1,358,700 1,614,969 (256,269)-18.86%
EXPENSES
Labour 375,541 367,637 7,904 2.10%
Employee Benefits Allocation 128,364 102,739 25,625 19.96%
Overtime 1,500 2,702 (1,202)-80.12%
Labour and Benefits 505,405 473,077 32,328 6.40%
Materials 58,350 84,547 (26,197)-44.90%
Professional
Development/Workshops 1,200 1,327 (127)-10.57%
Insurance Premiums 374 467 (93)-24.89%
Conferences/Conventions 3,000 2,546 454 15.13%
Membership/Subscriptions 1,600 529 1,071 66.93%
Office Supplies 7,000 395 6,605 94.36%
Electricity 1,200 1,377 (177)-14.73%
Materials 72,724 91,188 (18,464)-25.39%
Contracted Services 416,000 463,732 (47,732)-11.47%
Snow Plowing 57,600 65,163 (7,563)-13.13%
Contracted Services 473,600 528,895 (55,295)-11.68%
Rents and Financial Expenses 106,500 142,724 (36,224)-34.01%
Internal Rent 71,640 68,243 3,397 4.74%
Indirect Costs 87,643 87,643 0 0.00%
To Reserve Funds 41,188 25,000 16,188 39.30%
To Special Purpose Reserves 0 175,000 (175,000)#DIV/0!
Internal Transfers 200,471 355,886 (155,415)-77.53%
TOTAL EXPENSES 1,358,700 1,591,772 (233,072)-17.15%
(Surplus)/Deficit 0 (23,198)23,198 #DIV/0!
PARKING FUND
Page 455 of 947
PBD-2021-01
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2021-01
Proposed Amendments to Sign By-law No. 2008-224
RECOMMENDATION
That Council approve the proposed amendments to Sign By-law No. 2008-224 as
presented.
EXECUTIVE SUMMARY
The main purpose of this amendment is to modernize the current sign by-law in order to
reflect the recent changes in the sign industry with respect to electronic signs. Other
minor changes proposed in the amendment will assist in clarifying definitions of electronic
signs; community event and menu board signs and regulations currently contained in the
by-law.
BACKGROUND
The intent and purpose of the Sign By-law is to regulate signage within the City for the
purpose of public safety and public aesthetics. The current Sign By-law No. 2008-224
came into effect in 2008 and has undergone only minor changes since that time.
The City is organized into six sign districts and these districts reflect geographical areas
of the City, but also areas that offer distinct business opportunities for local residents and
tourists. The Clifton Hill district is one that is intended to offer a ‘carnival-like’ atmosphere,
and so offers the most liberal sign regulations in the City. Conversely, the Chippawa and
Downtown sign districts are considerably more restrictive in the types of signs that are
permitted to reflect the business/commerce nature of these areas. The Lundy’s Lane and
Fallsview districts are intended to be where tourist accommodation and restaurants occur,
so the signs permitted in those areas are more reflective of those types of businesses.
The one area of focus of the sign by-law is billboard signs. The intention in regulating
billboard signs is that they can be intrusive, if allowed to be erected haphazardly across
the City. The City regulates these signs by establishing different sign districts in which
billboards are permitted.
Since the introduction of the Sign By-law, the sign industry has changed significantly so
that electronic signs have become the most popular technology in new signs such as
menu boards and billboard signs and currently, the City’s Sign By-law is devoid of
regulations to govern these types of signs. The main purpose of this amendment is to
modernize the current sign by-law in order to reflect the recent changes in the sign
industry. By regulating the location and size of electronic signs, it is a way to manage the
intrusiveness caused by these types of signs.
Page 456 of 947
2
PBD-2021-01
January 19, 2021
Other minor changes proposed in the amendment will assist in clarifying definitions and
regulations currently contained in the by-law.
ANALYSIS
The most significant proposed changes to the by-law are the regulations pertaining to
electronic signs. The current by-law has a definition for electronic signs, and is devoid of
having any regulations. The proposed amendments present a clearer definition of an
electronic signs by defining Electronic Message Centre signs and further regulates which
sign districts permit these type of signs. Depending on the sign district, a varying portion
of the sign would be permitted to be electronic. The Fallsview sign district presently allows
50% of a sign to be electronic, but it is proposed to increase this to 100% due to the
presence of the large tourist venues in this sign district. Additional regulations include
the distance permitted between electronic message centre signs; the level of brightness
permitted; the requirement for automatic dimming technology and the requirement for
100% operation.
Minor changes are also proposed in the definitions section to assist in clarifying the
distinction between different sign types. As an example, Menu board signs, which are
becoming more elaborate, are now defined in the Sign By-law as previously the by-law
was silent. By defining Menu Boards and including a size limitation, it assists to further
clarify that no permit is required, as long as it complies with the size limitation, otherwise
they would be considered as a different type of sign. Other sign types defined include
Community Event and Legal non-conforming signs.
While considering the changes proposed to the Sign By-law, background information was
gathered from other Ontario municipalities to help determine best practices. Among the
various municipalities consulted, the City of Windsor was used as a comparable given
their location as a border city and also a city who hosts a casino. The City of Toronto was
also consulted with respect to the lighting and signs located in Dundas Square as this
location reflects Clifton Hill. Technical lighting information was obtained from CIMA , a
consulting engineering firm that performed a review for the City of Niagara Falls
Transportation Services.
CONSULTATION AND STAKEHOLDER ENGAGEMENT
Public consultation was conducted with an Open House held on October 2, 2019 where
all sign companies that operate in the Niagara Region and various other stakeholders
were invited to attend. The attendees were asked to provide their comments at that time
or provide written comments to staff at a later date. All comments received (Appendix 1)
were reviewed by staff and considered for additions to the amendment. Once this review
was completed, a Sign by-law with amendments was circulated to those who attended
the open house or submitted comments with final comments being received by July 30,
2020. As a result of the final circulation no new additional comments were received.
Page 457 of 947
3
PBD-2021-01
January 19, 2021
NEXT STEPS
As there is no appeal process for a Sign By-law amendment, should Council accept
staff’s recommendations, the By-law becomes effective at the date of the passing of the
amendment by Council.
FINANCIAL IMPLICATIONS
The proposed amendments will have no financial implications for the City.
STRATEGIC PRIORITIES
An up-to-date Sign By-law will support economic growth and development through
streamlined business practices to meet both local and city-wide priorities.
Review and update plans and policies to provide streamlined, contemporary directions
for planning and development.
LIST OF ATTACHMENTS
Appendix 1 – Chart of proposed changes and Stakeholder Comments received
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
P.Boyle:gd
Attach.
S:\PDR\2021\PBD-2021-01, Proposed Amendments to Sign By-law.docx
Page 458 of 947
4
PBD-2021-01
January 19, 2021
APPENDIX 1
By-law Section Current
Provisions
Proposed Changes STAFF RECOMMEND
Definitions None
None
None
None
Amended
Community Event sign means a
temporary sign that is erected for a
local charitable community event
and may be erected 7 days prior to
an event and removed 72 hours
after the event has concluded.
Menu Board sign means a sign
erected as part of a drive-through
facility and used to display and
order products and services
available in association with the
drive-through business.
Legal Non-conforming sign
means an existing sign, legally
erected prior to December 15, 2008
and for which a permit was
previously obtained and which does
not conform with any or all of the
provisions of this by-law, as
amended.
Electronic Message Centre sign
means a sign that is capable of
displaying words, symbols, figures
or images, as copy, which can be
electronically changed by remote or
automatic means. This could
include full motion video or fixed
copy that changes.
Readograph sign means a sign or
part thereof, composed of alpha-
numeric characters which is
changed either manually or
electronically.
Staff recommended.
No comments were received from
stakeholders.
3.5 Signs for which a
permit is not required
None 3.5.1 (p) Community Event sign
note more than 3 m2 (33 sq ft) in
sign area;
3.5.1 (q) Menu Board sign not
more than 3.5 m2 (37.67 sq ft) in
sign area and not more than 3 m. in
height.
Staff recommended.
No comments were received from
stakeholders.
3.6.2 None Add words: Niagara Civic
Convention Centre
Staff recommended.
No comments were received from
stakeholders.
3.6.2.2 None Add words: Business
Improvement Areas
Staff recommended.
No comments received from
stakeholders.
Page 459 of 947
5
PBD-2021-01
January 19, 2021
4.4 General Provisions Amended to
include
No sign shall be located within 1.5 m of an
adjacent lot except where the adjacent lot
line is a shared wall or is on a structure
located on corner.
Staff recommended.
No comments were
received from
stakeholders.
Add: 4.10. General
Provisions
Amended by
adding:
4.10 Changes to a legal non-conforming sign
including replacement of the sign content and
sign face or restoration, reinforcement and
repair to the structural elements of a sign shall
be permitted provided all dimensions and
location of sign remain exactly the same and
shall be subject to obtaining the necessary sign
permit.
4.10.1 Where changes to a legal non-
conforming sign necessitate the removal or
disassembly of structural elements, in whole or
in part, it is deemed a replacement sign which
necessitates full compliance with all provisions
of this by-law and shall require a building
permit.
4.10.2 A sign permit shall not be required for
any alterations or repairs to a sign for which a
sign permit has been issued where such
alterations or repairs involve only a change in
copy or the repainting, cleaning or other normal
activities provided the sign structure is not
modified in any other way.
Pattison Outdoor:
What would process
be if they wished to
increase the size or
move the location
when it is a legal
non-conforming
sign and they wish
to convert to 100%
digital?
Answer: New permit
would be required.
Depending on
location, some
districts permit 100%
digital. If change in
size and location,
new permit would be
required – but would
not be issued as
number of billboards
in City exceeds what
is permitted in by-law.
13 Readograph Amended Readograph or Electronic Message Centre
13.1 Readograph or Electronic Message
Centre may be incorporated into any ground,
fascia, roof or billboard signs permitted under
this by-law in the Sign Districts listed in Table 6
and is subject to the following restrictions:
Fallsview District a maximum of 100% of an
existing or proposed sign
(All other sign district percentages remain the
same but text is amended as above)
Staff recommended.
No comments were
received from
stakeholders.
13.3 Be deleted
and amended:
For the purpose of this by-law the installation of
an electronic message centre into an existing
sign shall require a building permit to ensure
compliance with the Ontario Building Code.
Staff recommended.
No comments were
received from
stakeholders
Page 460 of 947
6
PBD-2021-01
January 19, 2021
Add: 13.4 Distance
Separation
13.4.1 Electronic message centre signs shall
not be erected within 60 m of any Residential
zone, if such a sign faces directly into the
Residential zone; and,
13.4.2 Electronic message centre billboard
or roof signs shall not be erected within 150 m
of any Residential zone if such a sign faces
directly into the Residential zone.
Pattison Outdoor:
Suggests the word
‘facing’ or directly
visible be added so
that the meaning is
that if an electronic
sign faces into a
Residential zone
that it is not
permitted, but that if
the back or
supporting
structure is seen,
that is permitted.
Answer: Staff agree
with those
suggestions.
Add: 13.5 Brightness 13.5.1 Electronic message centre signs shall
have an intensity of luminance and illumination
not to exceed the lesser of :
(a) 5 lux (0.5 foot candles) above ambient light
conditions or 5000 nits (5000 cd/m2) during the
daytime hours, and
(b) 3 lux (0.3 foot candles) above the ambient
light conditions or 300 nits (300 cd/m2) during
the hours between dusk and dawn.
Pattison Outdoor:
Use only NITS as
measurement – 5000
nits during day and
300 nits between
sunset & sunrise.
Transportation
Services & Cima
Consultants:
At minimum 5000 nits
during daytime and
500 nits or less at
nighttime.
Harry Oakes:
Would like 2 to 2.5 fc
above ambient light
on Clifton Hill
City of Toronto:
Dundas Square
lighting is no different
than any other part of
City. 5000 nits during
daytime hours and
300 nits between
sunset and sunrise.
Answer: Staff agree
with best practices
occurring in City of
Toronto and believe
that proposed
brightness levels are
appropriate.
Add: 13.6 Automatic
Dimming
13.6.1 Electronic message centre signs must
have installed an ambient light monitor which
shall continuously monitor and automatically
adjust the brightness level of the display based
on ambient light conditions consistent with the
illumination regulations of this by-law.
Cima/Transportation
Services:
Require the
installation of ambient
light sensors and
automatic dimmers.
Page 461 of 947
7
PBD-2021-01
January 19, 2021
Add 13.7 Maintenance 13.7.1 Every sign owner shall ensure that each
sign be maintained so that electronic message
centre signs shall be turned off if not in 100%
working order.
Staff recommended.
No comments were
received from
stakeholders.
21.0 Amendments Amended 21.1 Where a proposed sign fails to meet any
of the provisions of clauses (a), (b), (c) or (d) of
section 20.11 of this By-law as determined by
the Director of Planning, Building and
Development or where a proposed sign is not
permitted by this By-law or where a billboard is
proposed to be 100% electronic message
centre, other than as permitted by this By-law,
the applicant shall make application for an
amendment to this by-law by:
Staff recommended.
21.8 Amended Council may impose such conditions, including
but not limited to the use of electronic message
centre signs for public service messaging upon
the granting of an amendment as it deems
appropriate in the public interest.
Staff recommended.
Page 462 of 947
City of Niagara Falls
Proposed Amendments to the Sign By-law
Electronic Message centre signs
Community Event signs
Menu Board Signs
Page 463 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Originally adopted by Council in 2008 and amended once in
2013.
•Goal of the amendment is to modernize the by-law to reflect
sign industry trends.
•Proposed amendments are
–added definitions and regulations for Community Event signs and
Menu Board signs;
–clarifications of the definition of Electronic Message centre and
Readograph signs;and
–Addition of regulations to accompany the Electronic Message centre
signs as current by-law has none.Page 464 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Stakeholder Consultation
•Public Open house held in October 2019
•Comments received were reviewed and incorporated
where possible,in the by-law.
•Modified by-law was re-circulated and no further
comments were received.
•Appendix 1 in the staff report outlines the amendments
proposed,and Appendix 2 shows tracked changes;
•Appendix 3 is the draft by-law in its entirety.Page 465 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Amendments
DEFINITIONS and REGULATIONS were added or amended:
•Community Event signs
•Menu Board signs
•Legal Non-conforming signs
•Electronic Message Centre
–Lumination regulations were added
•Readograph
Page 466 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Next Steps…..
•As there is no appeal process for a Sign By-law
amendment,
•Should Council accepts staff’s recommendation, the
amended by-law becomes effective immediately.Page 467 of 947
PBD-2021-03
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2021-03
AM -2020-010, Zoning By-law Amendment Application
5769-5781 Victoria Ave (Parcel 1), 5715 Ellen Ave (Parcel 2) & 5072
Magdalen St (Parcel 3)
Proposal: 5 storey Addition to the Existing Hotel on Parcel 1 with
Off-Site Parking on Parcel 2 and 3
Applicant: Vommero Enterprises Limited (Tony Vommero)
Agent: Raimondo & Associates Architects Inc. (Emilio Raimondo)
RECOMMENDATION
That Council approve the Zoning By-law amendment application for the subject lands to
rezone 5769-5781 Victoria Avenue a site specific Tourist Commercial (TC) zone, rezone
5715 Ellen Avenue a site specific Parking (P) zone and rezone 5072 Magdalen Street a
site specific TC zone to permit the construction of a 5 storey addition to the existing 2 storey
hotel on 5769-5781 Victoria Avenue with off-site parking, subject to the regulations outlined
in this report.
EXECUTIVE SUMMARY
Vommero Enterprises Limited has requested a Zoning By-law amendment to permit the
construction of a 5 storey addition to the existing 2 storey hotel on 5769-5781 Victoria Ave
with a portion of the parking located off-site at 5715 Ellen Ave and 5072 Magdalen St. The
amendment is recommended for the following reasons:
The proposal is consistent with the Provincial Policy Statement and complies with
the Growth Plan regarding development within the Gateway Economic Zone ;
The subject lands are located in the Clifton Hill Subdistrict of the Central Tourist
District which the City’s Official Plan intends to be developed with tourist serving
uses including hotels;
The hotel and the proposed additions meet the general intent of the design
guidelines for buildings over four storeys, and will provide an appropriately scaled
low rise hotel; and
The site specific regulations requested by the applicant are appropriate .
Page 468 of 947
2
PBD-2021-03
January 19, 2021
BACKGROUND
Proposal
Vommero Enterprises Limited has requested a Zoning By-law amendment for 0.4 hectare
(0.9 acre), a 0.07 hectare (0.2 acre), and a 1 hectare (2.5 acre) parcels of land known as
5769-5781 Victoria Ave, 5715 Ellen Ave & 5072 Magdalen St. The location of the subject
lands are shown in Schedule 1. The zoning amendment is requested to permit the
construction of a 5 storey addition to the existing hotel on 5769-5781 Victoria Ave. A total
of 66 new hotel rooms are proposed for a total of 116 hotel units. The location of the subject
lands is shown on Schedule 1 and the details of the proposal are shown on Schedules 2
and 3.
Parcel 1 (5769-5781 Victoria Ave) is zoned a site specific Tourist Commercial (TC-75)
Zone, by Zoning By-law No. 79-200 as amended by By-laws 1999-52, 2012-060 and 2012-
061. The By-laws permit a portion of the required parking to be provided off-site on Parcel
2 (5715 Ellen Ave). The applicant is requesting Parcel 1 be rezoned to a new TC zone to
recognize existing parking stall and aisle sizes, and front and rear yard depth. The applicant
is also requesting site specific regulations to permit a maximum 500sq.m. floor area for
each retail store, permit a maximum height of 19.6m, reduce the number of required loading
spaces and permit a portion of the required parking to be located on Parcel 2 and Parcel 3
(5072 Magdalen St).
Parcel 2 is zoned Parking (P-473) by By-law No. 79-200, as amended by By-laws 1999-52
and 2012-060, which permits for off-site parking for uses on Parcel 1 to be located on Parcel
2. The applicant is requesting the lands remain site specific Parking (P) to allow for off-site
parking uses on Parcel 1 to be located on Parcel 2.
Parcel 3 is zoned Tourist Commercial (TC) by By-law No. 79-200. The applicant is
requesting a site specific TC zone to allow for off-site parking for uses on Parcel 1 to be
located on Parcel 3.
Site Conditions and Surrounding Land Uses
Parcel 1 is currently developed with a 2 storey hotel (Econolodge) and 3 commercial units
fronting onto Victoria Ave. Adjacent uses include Antica’s Pizzeria and parking lots to the
west; Niagara Speedway Go-Kart Track and Clifton Hill to the south; commercial uses and
restaurants to the east; and parking lots and tourist commercial uses to the north.
Parcel 2 is currently a parking lot with 17 off-site parking spaces for the existing hotel
located on Parcel 1. Adjacent uses include the Days Inn to the east; the existing hotel
(Econolodge), commercial uses and Antica Pizzeria to the south; parking for the Days Inn
and the Greg Frewin Theatre to the west; and the Days Inn to the north.
Parcel 3 is currently occupied by a vacant building (to be demolished) and a gravel parking
lot. Adjacent uses include a parking lot to the north and west of the property; a vacant
building, restaurant and parking to the south; and the Sterling Inn & Spa to the east of the
property.
Page 469 of 947
3
PBD-2021-03
January 19, 2021
Circulation Comments
Information about the requested Zoning By-law amendment was circulated to City divisions
and the public. The following summarizes the comments received to date:
Building Services, Fire Services, Landscape and Parks Services
No objections to the rezoning. Technical comments will be addressed at the
Site Plan stage.
Engineering Services, Municipal Works
No objections. They will require a Functional Servicing Report and Storm
Water Management Report at the Site Plan stage.
Transportation Services
No objections to the rezoning application. 4 accessible parking spaces will be
required to be shown on the site plan.
Neighbourhood Open House
A remote electronic open house was held on November 24, 2020. No members of the public
attended the Open House, but Staff did receive public comments prior to the meeting. The
owner of the Days Inn at 5046 Centre Street voiced concerns about a trash receptacle
noted on the plan on Parcel 2 that was near their entrance. The applicant stated in
correspondence that he would remove the receptacle.
ANALYSIS
1. Provincial Policy Statement and A Place to Grow Plan
The Planning Act requires City planning decisions to be consistent with the
Provincial Policy Statement and comply with the A Place to Grow Plan. Under the A
Place to Grow Plan, Niagara Falls is identified as part of the Gateway Economic
Zone. Planning and economic development in this Zone is to support economic
diversity and promote increased opportunities for cross-border trade and movement
of goods and tourism. The expansion of the existing hotel is consistent with these
policies.
2. Niagara Region Official Plan
The subject lands are designated urban area within the Niagara Region’s Gateway
Economic Zone. Objectives of the Niagara Economic Gateway are to strengthen
Niagara’s economy, promote the efficient use of infrastructure, promote attractive
urban design and sustainable development, and to support appropriately located
tourism facilities. Further development of the existing hotel complies with the
Region’s objectives.
Page 470 of 947
4
PBD-2021-03
January 19, 2021
3. Niagara Falls Official Plan
The subject lands are designated Tourist Commercial on Schedule A in the City’s
Official Plan and located in the Clifton Hill Subdistrict of the Central Tourist District
on Schedule E in the City’s Official Plan. This Subdistrict is intended to be developed
with a wide range of tourist commercial/entertainment uses including hotels.
Development is to provide an appropriate transition with adjacent residential uses .
The proposed development complies with the Official Plan as follows:
The property is located within the area identified for buildings up to 30 storeys
in height.
Tourism activities are intended to concentrate on Victoria Ave. The proposed
hotel addition will create a greater street presence.
As noted in the following section of this report, the proposal meets the intent
of the built form policies.
4. Architectural Design Review
As the proposal is less than 10 storeys, an Architectural Design Brief was not
required to be submitted with the proposal. As such, Staff have reviewed the
proposal against the 7 principles contained in the City’s Tourism Policy Review
Implementation Handbook and offer the following:
Principle 1 – Positive Base Building
The hotel proposal provides a positive building base interface along approximately
100% (±80% existing) of the site’s frontage on Victoria Avenue, with less than 20%
existing along Ellen Avenue. None is proposed on Parcels 2 or 3. This meets the
minimum 60% building base interface along Victoria Avenue. The Ellen Avenue
frontage is occupied by parking and access entrances. It would be difficult to achieve
a building base interface along this street without moving all required parking off-site
and developing a larger building. There are small landscape strips that exist along
Ellen Avenue to help provide a better streetscape.
Principle 2 – Public Realm at Grade
The purpose of this principle is to achieve an upgraded pedestrian environment
through high quality streetscape, planting, furniture and signage. T he streetscaping
along this portion of Victoria Avenue has been completed, and an upgraded
pedestrian environment has already been achieved. A Section 37 agreement is not
recommended as streetscape works have already been completed.
Page 471 of 947
5
PBD-2021-03
January 19, 2021
Principle 3 – Skyview
This principle seeks to maximize sky view and light between buildings towers above
the podium level, mitigate shadowing and avoid the feeling of a wall of development
through a set of built-form regulations. The hotel and proposed addition meets built-
form regulations in that it provides for a 0 metre podium setback along Victoria Ave,
there are no other towers within 25 m of the proposal, the length ratio (1:1.1) is within
the maximum permitted 1:1.5 ratio and the floor plate size is less than the maximum
recommended 1,115 square metres (849 square metres proposed). However, there
is one element of the project that deviates from the built-form guidelines. The
addition is set back 1 m above 5.5 m and an additional 1 m above 13.5 m, but not
along the entire front façade.
This departure meets the general intent of the Tourism Policy Guidelines as the
proposed building elevation on Victoria Ave demonstrates a distinction between the
floors above and below the first storey by having the first storey done in glass and
the floors above accented with a bricked finish and having a 1 metre setback . In
addition, a portion of the building is set back above the fourth floor an additional 1
metre. The portion of the buil ding that is not set back creates an interesting façade
feature for the building. In addition, a modest increase in height is proposed for the
project. This would provide minimal impacts at the pedestrian level. As such, the use
of different materials and setbacks at varying heights reduces the impact of the
setback departure and the modest increase in height is not expected to provide any
impacts to the City’s skyline. The elevations for the front façade of the building can
be seen in Schedule 3.
Principle 4 – Skyline Height
This principle states that the taller the building, the greater the emphasis should be
on slenderness and visible sky view between towers. A diversity of building heights
can be considered in the tourist core, but heights should be stepped down along
residential neighbourhoods to minimize shadowing.
The proposal complies with this principle as follows:
At 5 storeys, the hotel addition is a low-rise building and as such some
deviation from the slender profile expected of a high-rise building is
reasonable;
The hotel contributes to the diversity of building heights provided along
Victoria Avenue, which is largely low rise, with hotels up to 7 – 10 storeys in
height;
Given the modest height and that the addition is not located near a residential
area, there will be no impacts on residential neighbourhoods.
Page 472 of 947
6
PBD-2021-03
January 19, 2021
Principle 5 – Views and Vistas
The purpose of this principle is to maintain views and exposure of the natural and
man made features such as views to and from the Falls, Queen Victoria Park and
the American Skyline. Given the modest height of the proposed addition, the
proposed addition will not block any views of the Falls, Queen Victoria Park or the
American Skyline.
Principle 6 – Microclimate
Microclimate studies are not required for buildings under 10 storeys as microclimate
impacts are not expected to be significant.
Principle 7 – Parking and Circulation
This principle seeks to reduce the visual impact of parking lots and traffic caused by
remote parking lots by containing parking on-site. The required parking for the
existing hotel and proposed addition is located on-site and off-site. The parking
located on-site is screened behind the hotel so that it is not visible from Victoria
Avenue. The off-site parking on Ellen Avenue and Magdalen Street both provide a
landscape strip between the parking and the City’s road allowance.
5. Zoning By-law
Parcel 1 (5769-5781 Victoria Ave) is zoned a site specific Tourist Commercial (TC-
75) Zone, by Zoning By-law No. 79-200 as amended by By-laws 1999-52, 2012-060
and 2012-061. The By-laws permit off-site parking on Parcel 2 (5715 Ellen Ave). The
applicant is requesting Parcel 1 be rezoned to a new TC zone to recognize existing
parking stall sizes, parking aisle sizes, and front and rear yard depth. The applicant
is also requesting a maximum 500sq.m. floor area for each retail store, permit a
maximum height of 19.6m, reduce the required loading spaces and permit a portion
of the required parking to be located on Parcel 2 a nd Parcel 3 (5072 Magdalen St).
Parcel 2 is zoned Parking (P-473) by By-law No. 79-200, as amended by By-law
1999-52 and 2012-060, which permits for off-site parking for uses on Parcel 1 to be
located on Parcel 2. The applicant is requesting the lands remain site specific
Parking (P) to allow for off-site parking uses on Parcel 1 to be located on Parcel 2.
Parcel 3 is zoned Tourist Commercial (TC) in accordance with By-law No. 79-200.
The applicant is requesting a site specific TC zone to allow for off-site parking for
uses on Parcel 1 to be located on Parcel 3. Although off-site parking lots are usually
zoned P, Staff have no objection with the requested TC zone as it will allow for
development should the lands no longer be needed for parking. However the
landscaping strips proposed by the applicant (2 metres wide along the front lot line
and 0.9 metres wide along other lot lines) should be required to provide a minimal
amount of buffering from Magdalen Street and abutting properties. The P zone also
requires a 2 metre wide landscape strip along the front lot line.
Page 473 of 947
7
PBD-2021-03
January 19, 2021
The departures from current regulations are summarized as follows:
PARCEL 1 (5769-5781 Victoria Avenue)
TC-75 ZONE CURRENT
REGULATION
PROPOSED
REGULATION
Minimum required setback
from centreline of Victoria
Avenue
13m 10.1m
Minimum required setback
from centreline of Ellen
Avenue
10m 7.7m
Minimum required parking
stall space
2.75m x 6m above
ground
2.6m x 5.5m above
ground
2.75m x 6m below
ground
2.8m x 5.5m below
ground
Minimum parking aisle
width (above ground only)
6.9m 6.7m
Maximum permitted height 12m 19.6m
Minimum required loading
spaces
3 1
Minimum number of
parking spaces required
on-site
92 (restaurants, retail
stores and meeting
rooms within a hotel
exempt from parking)
46 on-site parking
spaces
51 off-site parking
spaces
(17 at 5715 Ellen Avenue
and 34 at 5072
Magdalen Street)
Maximum floor area of a
retail store
400 square metres 500 square metres
Page 474 of 947
8
PBD-2021-03
January 19, 2021
PARCEL 2 (5715 Ellen Avenue)
P-473 Zone CURRENT SITE
SPECIFIC
REGULATION
PROPOSED
REGULATION
Minimum number of
parking spaces required
off-site for Parcel 1
17 17
PARCEL 3 (5072 Magdalen Street)
TC-75 CURRENT SITE
SPECIFIC
REGULATION
PROPOSED
REGULATION
Minimum number of
parking spaces required
off-site for Parcel 1
0 34
Minimum required
landscape strip
None 2.0m wide abutting front
lot line
0.9m abutting other lot
lines
(Staff recommendation)
The departures from the regulations can be supported for the following reasons:
The required setbacks from the centreline of Victoria Ave and Ellen Ave are
existing conditions that have shown no negative impacts. In addition,
Transportation Staff are not requesting a road allowance for Victoria Ave or
Ellen Ave (for Parcel 1) at this time.
The reduced parking stall sizes for the at-grade and underground parking on
Parcel 1 are existing conditions that have shown no negative impacts.
Reducing the size of the parking stalls on-site above and below ground is
acceptable. The City’s Transportation Services Department has no objections
to the proposed reductions. In addition, this is only for the parking spaces on
Parcel 1. Parcel 2 and 3 have full-sized parking spaces to accommodate
larger vehicles such as trucks or vans as needed.
The reduced parking aisle width for the at-grade parking on Parcel 1 is an
existing condition that has shown no negative impacts. The City’s
Transportation Services Department has no objections to the proposed
reduction.
Page 475 of 947
9
PBD-2021-03
January 19, 2021
The property is located in an area where additional height is contemplated
and the increased tower height is acceptable.
As only one loading space is currently provided and the additional rooms are
not expected to substantially increase loading requirements, reducing the
required number of loading spaces is acceptable.
The applicant is proposing to meet minimum parking requirements for the
hotel by providing 46 parking spaces on-site and 51 spaces off-site. The
applicant has submitted a transportation study which satisfactorily confirms
traffic generated from the off-site parking arrangement can be accommodated
within the road network. Furthermore, the off-site parking lot on Parcel 2 is
immediately across the road from the hotel and the off-site parking on Parcel
3 is located ±310m from the hotel. Both are within walking distance, which
may reduce traffic movements.
The Tourist Commercial zone permits a limited amount of retail space to
serve tourists. Limits on floor areas of retail stores are intended to deter large
retail outlets that primarily serve residents and thereby minimize competition
with other commercial areas of the City. However, the requested increase in
retail store floor area is minor and should not impact on other commercial
areas.
6. Site Plan
The development will be subject to site plan control. At the site plan stage detailed
servicing and grading plans, landscape plans and lighting plans will be reviewed and
approved. Paved parking and landscaping exist on the off-site parking lot on Parcel
2; the site plan process should secure paved parking and catchbasins, in
accordance with City standards, for the proposed parking lot on Parcel 3. Pursuant
to recent changes enacted by the City for properties subject to redevelopment, a
cash-in-lieu of parkland dedication in the amount of 1% of the value of the property
will be required at the site plan stage.
7. Encroachment Agreement
As part of the development, the applicant has proposed a canopy at the entrance
over Victoria Avenue. It is recommended that the applicant enter into an
encroachment agreement with the City for this item prior to site plan approval.
FINANCIAL IMPLICATIONS
The proposed development will provide development charges, cash-in-lieu of parkland
dedication in the amount of 1% of the value of the property and new tax assessment for the
City.
Page 476 of 947
10
PBD-2021-03
January 19, 2021
CITY’S STRATEGIC COMMITMENT
This proposal does not impact any of the City’s strategic commitments .
LIST OF ATTACHMENTS
Schedule 1 – Location Map
Schedule 2 – Site Plans
Schedule 3 – Elevations
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.Cooper:cv
Attach.
S:\PDR\2021\PBD-2021-03, AM-2020-010, Zoning By-law Amendment, 5769-5781 Victoria Ave, 5715 Ellen Ave & 5072 Magdalen
St.docx
Page 477 of 947
11
PBD-2021-03
January 19, 2021
SCHEDULE 1
(Location Map)
Parcel 1
Parcel 2
Parcel 3
Page 478 of 947
12
PBD-2021-03
January 19, 2021
SCHEDULE 2
(Parcel 1 Site Plan – 5769-5781 Victoria Ave)
Page 479 of 947
13
PBD-2021-03
January 19, 2021
SCHEDULE 2
(Parcel 2 Site Plan – 5715 Ellen Ave)
Page 480 of 947
14
PBD-2021-03
January 19, 2021
SCHEDULE 2
(Parcel 3 Site Plan - 5072 Magdalen St)
Page 481 of 947
15
PBD-2021-03
January 19, 2021
SCHEDULE 3
(Elevations)
East Elevation – (Fronting onto Victoria Ave)
North Elevation
Page 482 of 947
HOTEL GROI.JP
November 18, 2020
Director of Planning, Building &Development City Hall
4310 Queen Street
Niagara Falls, Ontario L2E 6XS
Via email: aherlovitch@niaxarafalls.ca
Re: 5769-5781 Victoria, 5715 Ellen Ave & 5072 Magdalen St
C Yaks
Plmmng I
Scanrd
ip
File: Z u N IN 6
I1 j0a0 _olo
We currently own and operate the following companies which are located in the vicinity of the proposed
development noted above.
Niagara Princess Hotel LTD — 5046 Centre St
1174757 Ontario Inc — 5787 Ellen Ave
1184485 Ontario Inc -5195 Magdelan St
Malmer Holdings LTD -5686 Lewis Ave
Our only concerns related to this project pertain to Parcel 2 and are as follows:
1 -in the corner of this parcel, it notes that there is a "trash receptacle that is affixed to the ground." We want this
to be removed as it is in close proximity to our Days Inn entrance. If this receptacle is a dumpster, we are even
more adamant that it be removed.
2 -On the right-hand of this parcel, we currently have an agreement with the developer to combine the parking
spots and for us to utilize 6 parking spaces and expect that to continue moving forward. The developer is not
losing any parking spaces.
Please confirm that these concerns will be addressed.
Thank you in advance for your cooperation.
Michael Marsch
Vice President of Operations
Merani Hotel Group
mmarsch@meranihotelgroup.com
716-348-2932
Page 483 of 947
Tracey Keays
From: Brennan Klys <brennan@raimondoarchitects.com>
Sent: Monday, November 23, 2020 2:40 PM
To: Alexa Cooper
Cc: Emilio Raimondo;'T.Vommero@sympatico.ca'
Subject: RE: City Of NF remote open House
Attachments: Zoning By law Application.pdf; Planning letter - 11.18.2020.docx
Hi Alexa,
See our responses below.
1 -in the corner of this parcel, it notes that there is a trash receptacle that is affixed to the ground." We want this to be removed as it
is in close proximity to our Days Inn entrance. If this receptacle is a dumpster, we are even more adamant that it be removed.
The Owner has no objections in removing the noted trash receptacle as shown on the Site Plan. Note, the drawing
submitted for the Ellen Avenue off-site parking lot was submitted 'For Reference Only' as it relates to the off-site
parking requirement for the Victoria Avenue site. The Site Plan submitted is from the previous approval submitted back
in 2011.
2 -On the right-hand of this parcel, we currently have an agreement with the developer to combine the parking spots and for us to
utilize 6 parking spaces and expect that to continue moving forward. The developer is not losing any parking spaces.
No changes are proposed to the Ellen Avenue off-site parking lot and the existing agreements can continue to operate
as currently.
Any questions, let us know.
Thanks,
At Your Service,
BRENNAN KLYS
Dip], Arch. Tech.
Structure I Utility I Beauty
T: 905-357-4441 E#. 57
F:905-357-9203
brennan mimondoarchitects.com
www raimondoarchitects com
4687 Queen S[reet, Sludia 2,
Niagara Falls, ON L2E2L9
Entrance oR of Park St.)
min
Page 484 of 947
Tracey Keays
From: Alexa Cooper
Sent: Monday, November 23, 2020 2:45 PM
To: 'mmarsch@meranihotelgroup.com'
Subject: RE: City Of NF remote open House
Hi Michael,
Thank you for your comments. I have discussed them with the applicant and their agent and they have stated they have
no issue with removing the trash receptacle and that there are no changes proposed to the Ellen Avenue off-site parking
lot and that the existing agreements can continue to operate as currently.
Thanks,
Alexa
From: Michael Marsch <MMarsch@MeraniHotelGroup.com>
Sent: Monday, November 23, 20201:27 PM
To: Alex Herlovitch <aherlovitch@niagarafalls.ca>
Subject: FW: City Of NF remote open House
Please confirm receipt of the attached letter
Thank you
Michael Marsch
From: Paula Mastrangelo <Paula.mastrangelo@MeraniHotelGroup.com>
Sent: Tuesday, November 17, 2020 8:48 AM
To: Ashak Merani <AMerani@MeraniCo.com>; Faisal Merani <Faisal@MeraniCo.com>; Michael Marsch
MMarsch @MeraniHotelGroup.com>
Subject: City Of NF remote open House
Page 485 of 947
Address: 5769-5781 Victoria Ave, 5715 Ellen Ave &
5072 Magdalen Ave
Applicant: Vommero Enterprises Limited (Tony Vommero)
Proposal: 5 Storey Addition to Existing Hotel & Off-site parking
Zoning By-law Amendment Application
AM-2020-010
Page 486 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Location Parking Lot
Parking Lot
& vacant
building
Existing 2 storey
hotel and 3
commercial
units
Off-site Parking
Lot for Parcel 1
1
2
3
Page 487 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan
Hotel
Proposed 5
storey
addition
Existing 2 storey hotel
Page 488 of 947
A GREAT CITY…FOR GENERATIONS TO COME
5715 Ellen Ave
Site Plan
17 off-site parking spaces
Page 489 of 947
A GREAT CITY…FOR GENERATIONS TO COME
5072 Magdalen St.
Site Plan 34 off-site parking spaces
Page 490 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Applicant is requesting a zoning amendment to permit the construction of a
5 storey addition to the existing 2 storey hotel with a portion of the parking
located off-site at 5715 Ellen Ave and 5072 Magdalen Street.
•Existing site specific zoning on the existing hotel site (Parcel 1) permits a
portion of the required parking to be located off-site on Parcel 2.
Parcel 1 –5769-5781 Victoria Avenue
•Applicant is requesting a new TC zone with site specific regulations
recognizing
–Existing parking stall and aisle sizes
–Front and rear yard depth,
–Maximum 500 m2 floor area for each retail store
–Maximum height of 19.6 m
–Reduction in the number of loading spaces; and,
–Permit a portion of the required parking to be located on Parcels 2 and 3 Page 491 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Background
Parcel 2 –5715 Ellen Avenue
•Zoned Parking (P)
•Applicant is requesting the lands remain site specific Parking (P) to allow
for off-site parking uses from Parcel 1
Parcel 3 –5072 Magdalen Street
•Zoned Tourist Commercial (TC)
•Applicant is requesting a site specific TC zone to allow for off-site parking
for uses on Parcel 1 to be located on Parcel 3.
NEIGHBHOURHOOD OPEN HOUSE
•Held on November 24, 2020.
•No members of the public attended but staff received comments from
owner of Days Inn on Centre Street who had concerns about a trash
receptacle noted on Parcel 2 near the entrance to their hotel.
•Applicant agreed to remove the receptacle.Page 492 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
PROVINCIAL POLICIES
•Complies with Gateway Economic Zone to support economic diversity and
promote increased opportunities for cross-border trade, movement of goods
and tourism. The expansion of the existing hotel is consistent with these
policies.
REGIONAL OFFICIAL PLAN
•Lands are designated urban area within the Niagara Region’s Gateway
Economic Zone. Objectives are to strengthen Niagara’s economy, promote
the efficient use of infrastructure, promote attractive urban design and
sustainable development and to support tourism facilities. Further
development of an existing hotel complies with the Region’s objectives. Page 493 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
OFFICIAL PLAN
•Proposed development
complies with the Official Plan
as follows:
–Property is located in an area
identified for buildings up to 30
storeys
–Tourism activities are intended
to concentrate on Victoria Ave.
The proposed hotel addition
will create a greater street
presence.
–Proposal meets intent of the
built form policies
Victoria Ave view
Page 494 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
ARCHITECTURAL DESIGN REVIEW
•As the proposal is less than 10 storeys, an Architectural Design Brief was
not required. Staff have reviewed the proposal against the 7 principles
contained in the Tourism Policy Review Implementation Handbook and offer
the following:
1.Positive Building Base –the development will engage 100% along
Victoria Ave and 20% along Ellen Ave. There are landscape strips existing
along the frontage of the Ellen Ave parking lot and proposed for the
Magdalen parking lot street frontage.
2.Public Realm at Grade –The streetscape works have been completed.Page 495 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
ARCHITECTURAL DESIGN REVIEW con’t
3. Skyview –The hotel and proposed addition meet built form regulations for
podium along Victoria Ave; the proposed building width to length ratio and floor
plate size are less than the maximums. The hotel addition is setback 1 m
above 5.5 m and an additional 1 m above 13.5m for portions of the front
façade which provides articulation.
4. Skyline Height –The 5 storey hotel addition is a low-rise building and
contributes to the diversity of building heights provided along Victoria Ave,
which is largely low-rise; no impacts on residential areas given modest height
and location.Page 496 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
ARCHITECTURAL DESIGN REVIEW con’t
5. Views and Vistas –the hotel addition does not affect the views and vistas
of the Falls, Queen Victoria Park or the American skyline.
6. Microclimate –studies are not required for buildings under 10 storeys as
impacts are not expected to be significant.
7. Parking and Circulation –required parking is to be located on-site and
screened behind the hotel so that it is not visible from Victoria Avenue. Off-site
parking on Ellen Ave and Magdalen St. provide landscape strips between the
parking and the road allowance.
View from Ellen Ave
Page 497 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning Relief
Building Setback
7.7 m from Ellen Ave
1 loading space
Max height 19.6 m
Required Parking Spaces:
46 on-site
51 off-site (17 Ellen Ave &
34 on Magdalen St)
Building Setback
from Victoria Ave –
10.1m
Parking Stall
2.6 x 5.5 m above ground
2.8 x 5.5 m below ground
Parking Aisle width 6.7 m
Floor Area for Retail
store: 500 m2
Page 498 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Conclusion
•The proposal is consistent with Provincial
Policy Statement and complies with the
Growth Plan regarding development in the
Gateway Economic Zone;
•Located in the Clifton Hill Subdistrict of the
Central Tourist District which the City’s Official
Plan intends to be developed with tourist
serving uses including hotels;
•Hotel and proposed addition meets the
general intent of the design guidelines for
buildings over 4 storeys,and will provide an
appropriately scaled low-rise hotel;and
•Site specific regulations requested by the
applicant are appropriate.Page 499 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council approve the Zoning By-law
amendment application for the subject
lands to rezone 5769-5781 Victoria
Avenue a site specific Tourist Commercial
(TC) zone, rezone 5715 Ellen Avenue a
site specific Parking (P) zone and rezone
5072 Magdalen Avenue a site specific TC
zone to permit the construction of a 5
storey addition to the existing 2 storey
hotel on 5769-5781 Victoria Avenue with
off-site parking, subject to the regulations
outlined in staff report PBD-2021-03. Page 500 of 947
PBD-2021-04
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2021-04
AM -2020-015, Zoning By-law Amendment Application
4457 Ferguson Street
Applicant: Rena Vaturi
RECOMMENDATION
1. That Council approve the Zoning By-law amendment application to rezone 4457
Ferguson Street from a Residential Two (R2) zone to a Residential Mixed (R3)
zone with site-specific provisions to recognize the existing 3 unit dwelling on the
property, subject to the regulations outlined in this report.
2. That prior to the passage of the amending by-law, the applicant enter into an
encroachment agreement for the partially encroaching dwelling, set of covered
stairs and enclosure onto Hickson Avenue within the City’s road allowance.
EXECUTIVE SUMMARY
An application to amend the City’s Zoning By-law has been submitted to rezone 4457
Ferguson Street from a Residential Two (R2) zone to a site specific Residential Mixed
(R3) zone to recognize an existing 3 unit dwelling. The applicant is proposing to recognize
existing conditions through site specific lot area, lot frontage, front yard depth, exterior
side yard width and parking regulations. Staff instead recommend the amending by-law
permit the 3 unit dwelling within the existing building and permit the request reduction in
required parking spaces from 4 to 3. Staff also recommend an encroachment agreement
to address encroachments on the City’s road allowance be executed before the amending
by-law is passed. The amendment is recommended for the following reasons:
the proposed development conforms to Provincial and Regional policies as it
makes efficient use of land within the Built-Up Area of the City, will assist the City
in meeting its intensification targets, and will provide additional rental housing
choices for residents;
the proposed development complies with the City’s Official Plan with res pect to
intensification, density and the efficient use of infrastructure within the Built Area
Boundary; and,
the recommended zoning amendment will recognize a use that has existed for
considerable period of time and has achieved a degree of compatibility with
surrounding uses.
BACKGROUND
Proposal
Rena Vaturi has submitted a zoning amendment application for a 0.04 hectare property
known as 4457 Ferguson Street. The location of the subject lands is shown in Schedule
Page 501 of 947
2
PBD-2021-04
January 19, 2021
1. The zoning amendment is requested to recognize an existing 3 unit dwelling on the
subject land. The land is zoned Residential Two (R2) Zone, which only permits for
detached, semi-detached and duplex dwellings. The applicant is requesting the property
be rezoned to a Residential Mixed (R3) Zone with site specific lot area, lot frontage, front
yard depth, exterior side yard width and parking regulations to recognize the existing 3
unit dwelling.
Site Conditions and Surrounding Land Uses
The subject land is 474.4 square metres (5,106.4 square feet) in size and located on the
north east corner of Ferguson Street and Hickson Avenue. There is an existing three unit
dwelling on the property. The property is assessed as a duplex, however the third dwelling
unit appears to have been created in a former barber shop unit about 40 years ago. There
is a driveway on the property that provides access from Ferguson Street and Hickson
Avenue and connects around the rear of the existing building. The site plan for the
property can been seen in Schedule 2.
Single detached dwellings are located to the east and north of the subject lands. To the
west is an apartment building, commercial use and single detached dwellings. To the
south are single detached houses and industrial uses.
Circulation Comments
The requested zoning amendment was circulated to City departments, agencies, and the
public for comments. The Region was not required to be circulated on this application.
The following summarizes the comments received:
Municipal Works, Fire, Building and Transportation Department
- No objections. Applicant is to apply for any necessary Building Permits for
the third unit.
Neighbourhood Open House
As of the writing of this report, no written or verbal submissions have been made in
response to the Notice of Open House. The Open House was virtually held on
Wednesday November 18th, 2020 where no neighbouring residents participated.
ANALYSIS
1. Provincial Policy Statement (2020) and Growth Plan (2019)
The Planning Act requires City planning decisions to be consistent with the
Provincial Policy Statement (PPS) and conform to Provincial Plans. The PPS and
Growth Plan directs communities to achieve efficient and resilient development
and land use patterns by promoting developments and land use patterns that
accommodate an appropriate range and mix of housing types and promote
intensification that optimizes transit investments.
Legalizing a 3 unit dwelling on the subject land will help provide a larger range and
mix of housing options for the neighbourhood by legalizing the existing situation.
Page 502 of 947
3
PBD-2021-04
January 19, 2021
The proposal is a form of intensification that optimizes an existing bus route by
locating more passengers within a close proximity to the existing bus route.
2. Regional Policies
The subject lands are designated Built-Up Area within the Urban Area Boundary
in the Region’s Official Plan. The 3 unit dwelling is a permitted use within this
designation. The Region’s Plan promotes higher density development in Built-Up
Areas within the existing Urban Areas and supports growth that contributes
towards supplying housing that is affordable, accessible and suits a variety of
needs. The proposal conforms to the Region’s Official Plan by utilizing existing
services and providing additional higher density forms of housing in the
neighbourhood.
3. Niagara Falls Official Plan
The subject lands are designated Residential in Schedule A and are within the
Built Area Boundary in Schedule A-2 of the City’s Official Plan.
Multiple housing residential development within the Residential designation such
as the proposed 3 unit dwelling should attain a minimum net density of 50 units
per hectare on collector roads such as Ferguson Street. Planning Staff can
consider the existing building a form of multiple housing as there are three units
within one building, similar to a stacked townhouse which is considered a form of
multiple housing. Such development shall be designed with a street presence that
is in character with the surrounding neighbourhood. The existing development has
a density of about 63 units per hectare and has the appearance of a single
detached dwelling from the street, which is in character with the surrounding
neighbourhood.
4. Zoning By-law Amendment
The land is zoned Residential Two Zone (R2), which only permits for detached,
semi-detached and duplex dwellings. The applicant is requesting the property be
rezoned to a Residential Mixed (R3) Zone to permit for the existing 3 unit dwelling
with the following site specific departures:
R3 ZONE CURRENT REGULATION PROPOSED REGULATION
Minimum lot area 740sq.m.
474sq.m.
Minimum lot frontage 22.5m
13.1m
Minimum front yard depth 6m + 10m from the
centreline of Ferguson St
0m + 10m
Minimum exterior side
yard width
4.5m 0m
Minimum required
parking spaces
4 (1.4 spaces per unit) 3
Staff recommend that instead of the implementing the requested lot area, lot
frontage and yard width and depth departures from the R3 standards, the
Page 503 of 947
4
PBD-2021-04
January 19, 2021
amending by-law instead limit the use of the land to a 3 unit dwelling in the existing
building. Although the existing building does not comply with a number of R3 zone
regulations the building was originally constructed in 1921 and has been used as
a 3 unit dwelling for a considerable period of time. A degree of compatibility has
been achieved with surrounding development and recognizing this use will not
impact on the neighbourhood.
The property has 3 complying parking spaces. As the dwelling has been used with
this amount of parking with no known off-site impacts, and the property is located
on a bus route, reducing the number of require spaces from 4 to 3 is appropriate.
5. Encroachment Agreement
On the property, the existing dwelling, an enclosure and a set of covered stairs at
the rear of the property partially encroach into the City’s road allowance on Hickson
Avenue. It is recommended that the applicant enter into an encroachment
agreement with the City for these items before the amending by-law is passed.
6. Site Plan Control
Site Plan Control will not be required for the subject lands as no changes are
proposed to the footprint of the existing building, parking or the site in general.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The proposed development will provide a new tax assessment to the City.
CITY’S STRATEGIC COMMITMENT
The proposed development complies with the Diverse and Affordable Housing initiative
by increasing the amount of affordable housing available and diversifying the housing
composition in the neighbourhood.
LIST OF ATTACHMENTS
Schedule 1 – Location Map
Schedule 2 – Survey Plan
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.Cooper:
Attach.
S:\PDR\2021\PBD-2021-04, AM-2020-015, 4457 Ferguson Street.docx
Page 504 of 947
5
PBD-2021-04
January 19, 2021
APPENDIX 1
(Location Map – 4457 Ferguson Street)
Page 505 of 947
6
PBD-2021-04
January 19, 2021
APPENDIX 2
(Survey Plan – 4457 Ferguson Street)
Page 506 of 947
_._mm=.m..man.0
m..o3_.30:003.0:A.
‘
moan<<ma:mmmm<._m::mJ\3.~om._:;NEs
._.ou>_mxIm1o<:n:
m:Emnn:3mm?cmozmzmaNoasmElmsm3m:Q3m:.nm_%_§ao:
EE».E9._o<:oF
H88moo.o<<:Qom,wmowmom><o.525$Ea._.:m.amo??Emmsd?$08$3moamsmos.H20:5E8
.8mama:3%mEB.o<EwonEmNoism_&r_m<<50332:%%oaa=3£85..
wow"momma!
QQ
._><QOWUOZ
Page 507 of 947
Address: 4457 Ferguson Street
Applicant: Rena Vaturi
Proposal: Rezone to recognize existing 3 unit dwelling
Zoning By-law Amendment Application
AM-2020-015
Page 508 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Location
Single Detached
Residential uses
Single detached
Residential uses
Industrial uses
Page 509 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan
Exterior Side
yard width 0 m
Required
Parking
Spaces: 3
Front yard
depth from
Centreline of
Ferguson St
0 m + 10 m
Lot Area 474 m2
Lot Frontage 13.1m
Enclosure & set of
covered steps
encroach on City’s
road allowance
Page 510 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Zoned Residential Two (R2) Zone which only permits detached, semi-
detached and duplex dwellings.
•Request that lands be re-zoned to Residential Mixed (R3) Zone with site
specific lot area; lot frontage; front yard depth; exterior side yard width and
parking regulations to recognize the 3 unit dwelling.
NEIGHBOURHOOD OPEN HOUSE
•Held on November 18, 2020, remotely.
•No neighbouring residents attended, nor have any written submissions been
received. Page 511 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
Provincial Policy Statement and Growth Plan
•The proposed zoning is consistent with Provincial policy.
•Legalizing a 3 unit dwelling will help provide a range and mix of housing
options for the neighbourhood while taking advantage of nearby transit
routes.
Regional Policies
•Conforms to the Region’s
Official Plan
•Utilizes existing services
•Provides additional
higher density forms of
housing Page 512 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
Official Plan
•Designated Residential
•Requested zoning complies with the Official Plan.
Zoning By-law
•Staff supports the requested R3 zone to recognize the existing 3 unit dwelling
with special provisions for lot area, lot frontage, front yard setback, exterior side
yard setback and parking.
•The building was originally constructed in 1921 and has been used for a
considerable period of time resulting in a degree of compatibility with the
surrounding neighbourhood. Recognizing the use will not impact the
neighbourhood. The property has 3 complying parking spaces with no known
off-site impacts.
ENCROACHMENT AGREEMENT
•Portions of the dwelling, enclosed porch and covered stairs partially encroach into
the City’s road allowance. An encroachment agreement is recommended.Page 513 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Conclusion
The amendment can be supported based on the
following:
•Conforms to Provincial and Regional policies as it
makes efficient use of land within the Built-up Area
of the City, will assist in meeting intensification
targets and will provide additional rental housing
choices for residents;
•Complies with City’s Official Plan with respect to
intensification, density and the efficient use of
infrastructure within the Built Area Boundary; and,
•Will recognize a use that has existed for a
considerable period of time and achieved a degree
of compatibility with surrounding uses.
RECOMMEND APPLICATION BE APPROVED Page 514 of 947
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council approve the Zoning By-law
amendment application to rezone 4457
Ferguson Street from a Residential Two
(R2) zone to a Residential Mixed (R3)
zone with site-specific provisions to
recognize the existing 3 unit dwelling on
the property subject to the regulations
outlined in staff report PBD-2021-04.
•That prior to the passage of the amending
by-law, the applicant enter into an
encroachment agreement for the partially
encroaching dwelling, set of covered
stairs and enclosure onto Hickson Avenue
with the City’s road allowance.Page 515 of 947
F-2021-01
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2021-01
Procurement By-law Update
RECOMMENDATION
1. That report F-2021-01 Procurement By-law Update be received for information.
2. That Council approve the revised Procurement By-law on tonight’s agenda with an
effective date of February 1, 2021.
EXECUTIVE SUMMARY
The revised Procurement By-law is included on tonight’s agenda for Council’s approval
and subsequent publishing on the City’s website. The current policy was last approved
on December 6, 2004 and requires updating to address the following:
Increased spending authority thresholds and award requirements to create greater
efficiencies and to align with other municipal comparators;
Housekeeping amendments including changes required as a result of
organizational restructuring and other policy updates;
Removal of Appendix “A” Purchase Card Policy and Procedures to be a stand-
alone Policy and Procedure under the Finance Division;
Acknowledgment of various Trade Agreements;
Staff continue to look to improve, evolve and consider leading practices and trends. In
the interest of continuous improvement, the Procurement Division will review and make
recommendations for this policy every 5 years.
BACKGROUND
A staff working group reviewed and evaluated the Procurement By-law. The review of
the By-law was conducted by the Procurement By-law Review Group, primarily comprised
of Procurement staff with an appropriate mix of subject matter experts which included
Page 516 of 947
2
F-2021-01
January 19, 2021
members from the Legal, Finance, Administrative Office, Engineering and Construction
Divisions responsible for purchasing goods and services.
As required by the Municipal Act, 2001, Part IV, Section 270 (1), a municipality shall adopt
and maintain policies with respect to the following matters: its procurement of goods and
services.
Attachment 1 provides a summary of the recommended amendments to the Procurement
By-law including increases to the spending authority thresholds and award requirements.
Other substantive changes including trade treaty legislation, and house keeping (not
including minor changes required to reference other updated internal policies, changes
to job titles arising from organizational restructuring, and other grammatical/formatting
issues).
ANALYSIS/RATIONALE
The revisions recommended in this report focus on ways in which procurements may be
more responsive to business needs in executing action items to the City’s Strategic Plan,
while preserving the overarching principles of competition, best value, fairness,
objectivity, accountability and transparency. Staff recommended amendments in several
areas as set out below.
1. The threshold for Direct Procurements;
2. The threshold for Informal and Formal Quotation Limits;
3. The threshold for Request for Tenders and Proposals;
4. Adjustments to Signing Authority Thresholds;
5. Clarifying language for when procurements shall be brought forward for Council’s
approval;
6. Application of Rosters (Limited Tendering);
7. Additional language to Trade Treaty Legislation
8. Removal of the Purchasing Card Policy as an appendix to the Procurement By-
law to be a stand-alone policy and procedure document.
Trade Treaty Legislation
The purpose of the CFTA and CETA is to establish a transparent and efficient framework
to ensure fair and open access to government procurement opportunities for all suppliers.
These requirements are binding on municipalities, school boards, and publicly funded
academic, health and social service entities. Key areas of compliance include
procurement practices with respect to bid advertising, contract award information and
vendor debriefing.
Canadian Free Trade Agreement (CFTA)
In December 2014, federal, provincial and territorial governments began negotiations to
strengthen and modernize the Agreement on Internal Trade (AIT). They were guided by
Page 517 of 947
3
F-2021-01
January 19, 2021
direction from premiers and the federal government to secure an ambitious, balanced and
equitable agreement that would level the playing field for trade and investment in Canada.
The new Canadian Free Trade Agreement (CFTA) resulted from these negotiations and
entered into force on July 1st, 2017, which now commits governments to a
comprehensive set of rules that will help achieve a modern and competitive economic
union for all Canadians. Through this legislation all governments have made precedent -
setting commitments to promote open procurement practices which help create a level
playing field for companies operating across Canada, and boost value-for-money in
government purchasing. Canadian companies that operate across a number of sectors,
such as construction firms, are now able to compete more readily for government
contracts. Each government must ensure that it has an independent bid protest
mechanism in place, allowing suppliers to challenge procurements they think have broken
the agreement’s rules.
Comprehensive Economic and Trade Agreement (CETA)
A free-trade agreement between Canada, the European Union and its member states.
CETA has been provisionally applied, so the treaty has eliminated 98% of the tariffs
between Canada and the European Union (EU). The negotiations were concluded in
August 2014. All 28 European Union member states approved the final text of CETA for
signature. The Prime Minister of Canada executed the agreement on October 30, 2016
and the European Parliament approved the deal on February 15, 2017. The agreement
is subject to ratification by the EU and national legislatures and can only enter into force
if no adverse opinion is given by the European Court of Justice following a request for an
opinion by Belgium. Until its formal entry into force, substantial parts are provisional ly
applied from September 21, 2017.
With regards to both trade treaty legislative changes, Procurement have been reviewing
our internal processes to ensure compliance with the new legislation, while in parallel
working to update Procurement By-law to align with the new requirements. In order to
ensure that the City of Niagara Falls procurement practices are compliant with all
applicable Provincial and Federal legislation that came into effect in 2017, a review of the
City’s Procurement By-law was required.
Housekeeping
The proposed amendments to the By-law also incorporate general housekeeping
changes including but not limited to amendments to position titles which reflect the
organizational changes which have occurred since the By-law was last updated, general
formatting, consistency in language and the breakout of the Purchasing Card Policy and
Procedures.
Local Municipal Impact
The By-law will continue to support co-operative purchasing opportunities with local
municipalities and public agencies and administrative protocols will be strengthened.
Page 518 of 947
4
F-2021-01
January 19, 2021
Through the City’s Procurement Division staff regularly engage collaboratively on
cooperative tenders with local municipalities and other public sector bodies. The City is
an active member of the Niagara Public Purchasing Committee (NPPC) which common
needs for certain goods and services are then procured by a lead agency on behalf of the
interested members. Local municipalities, Region, School Boards, College and University
are all members of this group.
The By-law does not require any amendments to facilitate these arrangements and the
City will continue to act and participate as leaders on collaborative procurement
opportunities to leverage volume discounts and resources.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The updated By-law provides benefits of increasing signing authority. Increased signing
authority fosters the efficient use of resources, thereby increasing the responsiveness,
enhancing overall performance and providing prompt service to the user departments.
This also expedites the decision-making process for solicitations which are being
awarded to the lowest qualified tender submission or highest ranked proposal, providing
that the total contract price is within the previously approved budget limit .
LIST OF ATTACHMENTS
1. Summary of Amendments to Signing Authority and Procurement Limits
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
D. Butyniec
Page 519 of 947
Attachment 1 – Summary of Amendments to Signing F-2021-01
Authority and Procurement Limits January 19, 2021
Page 1 of 1
Guidelines for Signing Authority
1. These guidelines list the maximum amount of signing authority per each category
and are not to be exceeded. Directors have the authority to assign signing
authority amounts for designated staff members up to the limits below.
2. Staff with signing authority may sign purchase requisitions and invoices for
amounts within their signing limit.
3. The Manager of Accounting maintains a complete listing of all staff signing
authority limits.
4. All requests for signing authority must follow these guidelines and be approved
by the Director.
Authority Limits (Including taxes) based on approved budgets
Title Limit Existing Recommended
CAO $100,000 Unlimited
Director of Finance not to exceed $20,000 $50,000
Directors not to exceed $20,000 $25,000
Managers not to exceed $10,000 $15,000
Supervisors or Coordinators not to exceed $5,000 $7,500
Other staff with purchasing
authority
not to exceed $1,000 $2,500
Procurement Limits for Method of Purchasing
Method of Purchasing Existing Recommended
o Low Value Purchases Purchase
Card/Direct Invoice
$0 to $1,000 $0 to $2,500
o Request for Quotation Small
Value Quotes
o Purchase Order
$1,000 to $4,000 $2,500 to $25,000
o Request for Quotation or
Proposal Mid Value
o Purchase Order or Agreement
$4,000 to $100,000 $25,000 to $100,000
o Request for Tender or Proposal
Large Value
o Purchase Order or Agreement
Over $100,000 Over $100,000
Page 520 of 947
Page 1 of 36
THE CORPORATION OF THE CITY OF NIAGARA FALLS
By-Law No. 2021-
A by-law to define the procurement policies and procedures for the Corporation of the
City of Niagara Falls
WHEREAS Section 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
requires a municipality to adopt policies with respect to its Procurement of goods and
services;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls has deemed
it desirable to set out its policies with the respect to the Purchase of Goods and/or
Services, and the disposal of Surplus Assets, in this By-law;
AND WHEREAS the Council of the Corporation has directed that as much of its
Procurement as possible be done electronically.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. PURPOSES, GOALS AND OBJECTIVES OF THIS BY-LAW
The purposes, goals and objectives of this By-law and of each of the methods of
Procurement authorized herein are:
(a) to encourage competitive bidding;
(b) to ensure objectivity and integrity in the Purchasing process;
(c) to ensure fairness between bidders;
(d) to maximize efficiencies in the Procurement Process, including through
electronic Procurement means;
(e) to authorize a variety of Procurement methods, and to use the most
appropriate method depending on the particular circumstances of the
Procurement;
(f) to the extent possible, to ensure openness, accountability and transparency
in Procurements while protecting the best interests of the Corporation and
the taxpayers of the City of Niagara Falls;
(g) to obtain the Best Value for the Corporation when Purchasing Goods and/or
Services;
Page 521 of 947
Page 2 of 36
(h) to avoid real and perceived conflicts between the interests of the
Corporation and those of the Corporation’s employees and elected officials
and to ensure compliance with the Municipal Conflict of Interest Act, R.S.O.
1990, c.M.50, as amended and the Corporation’s Code of Conduct;
(i) to encourage the Purchase of Goods and/or Services with due regard to the
preservation of the natural environment;
(j) to promote, and incorporate wherever possible in Procurement activities of
the Corporation, the requirements of the Accessibility for Ontarians with
Disabilities Act, 2005, S.O. 2005, c. 11, as amended;
(k) to adhere to the code of ethics of the National Institute of Government
Procurement and the Ontario Public Buyers Association; and
(l) to maintain timely and relevant policies and procedures.
2. DEFINITIONS
In this By-law,
“Award” means authorization to proceed with Purchasing Goods and/or
Services from the chosen Supplier or to proceed with the Disposal, by way
of sale of Surplus Assets, to a chosen buyer;
“Best Value” means, in relation to a purchase, that the purchase
represents the optimal balance of high quality and financial terms;
“Bid” means an offer or submission from a Supplier in response to a Bid
Solicitation that is subject to acceptance or rejection or (if a right of
negotiation is reserved by the Corporation or is implied in the wording of a
Bid Solicitation) negotiation by the Corporation, or consideration by the
Corporation (as in the case of the pre-qualification process in a RFPQ or
RFEOI) or, in the case of a Disposal of Surplus Assets, an offer or
submission from a buyer in response to a Bid Solicitation that is subject to
acceptance or rejection by the Corporation;
“Bid Approval Report” means a report or other document that authorizes
the purchase of Goods and/or Services the Disposal of Surplus Assets by
way of sale and is executed by the Purchasing Authorities as set out in
Schedule “B”;
“Bid Security” means the form of security required by the terms and
conditions of Bid Solicitations to guarantee that the successful Supplier
enters into a Contract with the Corporation, as required by Section 26 of this
By-law;
“Bid Irregularity” means a potential or actual non-compliance with a Bid
Solicitation that may lead to the disqualification of a Bid, or that may require
corrective action to take place in order to make a Bid compliant.
Page 522 of 947
Page 3 of 36
“Bid Solicitation” means a request for Bids, which shall whenever
possible use electronic means, including an Informal Request for Quotation,
Request for Quotation, Request for Tender, Request for Proposal or
Negotiated Request for Proposal;
“Bidding System” means the Corporation’s online web-based solution for
issuing Bid Solicitations and/or receiving online Bid submissions and
posting Bid results;
“Budget” means the budget or portion of the budget approved by Council;
“CETA” means the Comprehensive Economic and Trade Agreement signed
October 30, 2016, as amended, between Canada and the European Union
and its member states;
“CFTA” means the Canadian Free Trade Agreement in force July 1, 2017,
as amended;
“Chief Administrative Officer” or “CAO” means the Chief Administrative
Officer of the Corporation, his or her Designate or any successor position
thereto;
“City” means The Corporation of the City of Niagara Falls;
“City Solicitor” means City Solicitor of the Corporation, his or her
Designate or any successor position thereto;
“Clerk” means the Clerk of the Corporation or his or her Designate or any
successor position thereto;
“Compliant Bid” means a Bid that meets the terms and conditions of the
Bid Solicitation and this By-law;
“Conflict of Interest” means:
(i) a situation or circumstance, real or perceived, that could give a
Supplier or potential Supplier an unfair advantage in a Procurement
or compromise the ability of the Supplier or potential Supplier to
perform its obligations under a Contract; and/or
(ii) a situation where a person, business or other interest of an elected
or appointed official, officer or employee of the Corporation is, or can
be reasonably be perceived to be, in conflict with the interests of the
Corporation, and includes, but is not limited to:
(1) the giving or receiving of a direct or indirect personal gain or
benefit, or a direct or indirect advantage or privilege, by any
person or business that offers Goods and/or Services (incl.
Construction) to the Corporation;
Page 523 of 947
Page 4 of 36
(2) a direct or indirect interest in any business that provides
Goods and/or Services (incl. Construction) to the Corporation;
(3) a conflict of interest as defined in the Municipal Conflict of
Interest Act (R.S.O. 1990, Chapter M.50), as amended; or
(4) a conflict of interest as defined in the Corporation’s Conflict of
Interest Policy #400.35, as amended;
“Construction” means a construction, reconstruction, demolition, repair or
renovation of a building, structure or other engineering or architectural work
and includes site preparation, excavation, drilling, soil or seismic
investigation, geotechnical survey, the supply of products and materials and
the supply of equipment and machinery incidental to the construction, and
the installation and repair of fixtures of a building, structure or other
engineering or architectural work. For the purposes of this By-law and
procedures construction falls under the title of a Goods and/or Services;
“Contract” means a binding agreement, arising in the context of a
Procurement, between the City and one or more parties that creates an
obligation to provide or sell goods or perform Services;
“Corporation” means The Corporation of the City of Niagara Falls;
“Council” means The Council of The Corporation of the City of Niagara
Falls;
“Debriefing” means to provide information related to the Bid Solicitation to
inform bidder(s) that were not selected during a particular procurement
process;
“Department” means any Department of the Corporation including any
division within a Department;
“Department Representative” means a position authorized in writing by
the CAO or Director for the Purchase and/or Disposal of Goods and/or
Services up to the value of their prescribed signing authority or their
Designate, which written authorization must be filed with the Manager of
Procurement;
“Designate” means a person authorized in writing to act on behalf of
another person during his or her absence, which written authorization has
been filed with the Manager of Procurement. Only a person holding a
position no lower than one level below in the Corporation’s reporting
structure may be authorized to act as a Designate;
“Director” means the Director of the Department making the Purchase, his
or her Designate or any successor position thereto;
Page 524 of 947
Page 5 of 36
“Disability” or “Disabilities” shall have the same meaning as set out in
the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11,
as amended or any successor legislation thereto;
“Disposal” and its derivatives and correlatives means the selling, trading,
assignment, donation and/or scrapping of Surplus Assets;
“Fair Market Value” means the price that would be agreed to in an open
and unrestricted market between knowledgeable and willing parties dealing
at arm’s length who are fully informed and not under any compulsion to
transact;
“Formal Bid Process” means the process for receipt of Bids, as outlined
in Section 21;
“Goods” means, in relation to Procurement, moveable property (including
the costs of installing, operating, maintaining or manufacturing such
moveable property), including raw materials, products, equipment and other
physical objects of every kind and description whether in solid, liquid,
gaseous or electronic form, unless they are procured as part of a general
construction contract. Exemptions of Goods as per Schedule “A”
Exceptions for Formal Purchasing Process;
“Informal Request for Quotation” means a Request for Quotation where
the Goods or Services being procured are of Small Value and the
Procurement is permitted by applicable Corporation policies and Section 13
of this By-law;
“Large Value” means over $100,000, including HST, or such other amount
as Council may determine, from time to time, to be the lower limit of a large
value amount;
“Lobbying” means the advocacy of an interest that is affected, actually or
potentially, by the Bid Solicitation process or individuals involved in the Bid
Solicitation process including seeking to influence the outcome of the Bid
Solicitation process or subsequent Award;
“Low Value” means less than $2,500, including HST, or such other
amounts as Council may determine to be the limits of a low value amount;
“Lowest Compliant Bid” means the Compliant Bid that would provide the
Corporation with the desired Goods and/or Services at the lowest cost;
“Manager” means an employee of the Corporation holding the position of
manager;
“Mid Value” means between $25,000 and $100,000, including HST, or
such other amounts as Council may determine as constituting the limits of
a mid-value amount;
Page 525 of 947
Page 6 of 36
“Negotiated Request for Proposal” or “NRFP” means a non-binding
flexible format public Request for Proposal by the Corporation made in
accordance with Section 16 of this By-Law, seeking proposals to supply Goods
and/or Services which may or may not result in an Award by the Corporation;
“Negotiation” means a Method of Purchasing in which the Corporation may
negotiate directly with one or more Suppliers with the intent to award a
Contract or extend an existing Contract;
“Procurement” means the entire process for the assessment of the
Corporation’s needs for Goods and/or Services, the means by which those
needs may be satisfied, the examination of the marketplace for Goods and/or
Services, the authorization for Purchasing Goods and/or Services, the
selection of the method for Purchasing Goods and/or Services, the issuance
of a procurement document (which may include a Purchase Order, RFEOI,
RFPQ, RFP, NRFP, RFT or other document consistent with this By-Law), the
selection of a Supplier and the completion of the Purchasing;
“Procurement Division” means that part of the Finance Department and any
person with the delegated authority under Section 4 (d) of this By-law,
responsible for the Purchase and/or Disposal of all Goods and/or Services for
the Corporation and for the administration of this By-law;
“Professional Services” means those services requiring the skills of
professionals for a defined service requirement including but not limited to,
(i) architects, engineers, designers, surveyors, geoscientists, project managers,
financial consultants, auditors, accountants, lawyers and health care
professionals;
(ii) firms or individuals having specialized competence in environmental, planning,
Construction or similar disciplines; and,
(iii) software consultants and any other persons providing similar services;
“Purchase” means to acquire Goods and/or Services by purchase, rental,
lease or trade, including Construction;
“Purchase Order” means an electronic confirmation of the Purchase of
Goods and/or Services at a specific cost and includes the standard terms and
conditions for purchase orders;
“Purchase Requisition” means a request for Goods and/or Services for
which the Budget has been approved, prepared by a Department and sent to
the Procurement Division;
“Purchasing” and its derivatives and correlatives means the process of
obtaining Goods and/or Services as part of the process of Procurement;
Page 526 of 947
Page 7 of 36
“Purchasing Card” means a card issued to approved City staff to make
purchases within their authority level following the Purchasing Card Policy
and the Purchasing and Execution Authority of this By-law;
“Purchasing Procedure” refers to policies and procedures adopted from
time to time by the Manager of Procurement for the purpose of enabling the
provisions of this By-law.
“Quotation” means a binding statement of price, terms of sale and
description of Goods and/or Services offered by a Supplier;
“Request for Expression of Interest” or “RFEOI” means a public request
made by the Corporation seeking responses from potential Suppliers for the
purposes of compiling a list of Suppliers that may be interested in providing
Goods and/or Services to the Corporation from time to time. An RFEOI is
not a Bid Solicitation, and receipt of an expression of interest by the
Corporation does not create any legal obligation between the potential
Supplier and the Corporation, but may be a precondition to qualifying for
subsequent Bid Solicitations issued by the Corporation;
“Request for Pre-Qualification” or “RFPQ” means a public request by
the Corporation seeking submissions outlining the experience, financial
strength, education, background and significant personnel of potential
Suppliers who may, from time to time, qualify to supply Goods and/or
Services to the Corporation. An RFPQ is not a Bid Solicitation, and receipt
of a response to an RFPQ by the Corporation does not create any legal
obligation between the potential Supplier and the Corporation, but may be
a precondition to qualifying for subsequent Bid Solicitations issued by the
Corporation;
“Request for Proposal / Negotiated Request for Proposal” or “RFP /
NRFP” means a public request for proposals by the Corporation made in
accordance with Section 16 of this By-law, seeking proposals to supply
Goods and/or Services, which may or may not result in an Award by the
Corporation. Accordingly, receipt of a response to an RFP by the
Corporation may not create any legal obligation between the potential
Supplier and the Corporation. An RFP is to be distinguished from an NRFP,
which never creates any legal obligation between a potential Supplier and
the Corporation;
“Request for Quotation” or “RFQ” means a request for Quotations by the
Corporation for the provision of Goods and/or Services made in accordance
with Section 14 of this By-law. An RFQ is a Bid Solicitation, but receipt of a
response to an RFQ by the Corporation does not create any legal obligation
between the potential Supplier and the Corporation unless and until the
Corporation accepts the Quotation by placing a Purchase Order with the
potential Supplier;
Page 527 of 947
Page 8 of 36
“Request for Tender” or “RFT” means a public request for Bids by the
Corporation made in accordance with Section 15 of this By-law. An RFT is
a Bid Solicitation;
“Roster” means a list of Suppliers that have participated in and
successfully met the requirements of a Request for Pre-Qualification
(RFPQ), and have been pre-qualified to perform work assignments
involving the delivery of a particular type of Goods and/or Services;
“Services” means services in which the physical component of an activity
would predominate but which may result in deliverables in the form of
reports, drawings, designs, training materials, software modifications or
similar physical components. Services do not include Professional Services
and exemptions as per Schedule “A” Exceptions for Formal Purchasing
Process;
“Single Source” means the use of a non-competitive Procurement process
to acquire Goods and/or Services from a specific Supplier even though
there may be more than one Supplier capable of delivery of the same Goods
and/or Services;
“Small Value” means between $2,500 and $25,000, including taxes, or
such other amounts as Council may determine as constituting the limits of
a minor amount.
“Sole Source” means the use of a non-competitive Procurement process
to acquire goods or services from a specific supplier because there are no
other suppliers available or able to provide the required Goods and/or
Services;
“Special Circumstance” means:
(i) an event that is exceptional or could not be foreseen and is likely to
pose a threat to the health, safety or welfare of the public;
(ii) an event that, unless immediately addressed, is likely to cause
significant loss or damage to property;
(iii) an event that has disrupted any essential service that needs to be
re-established without delay; or
(iv) an emergency as defined in the Emergency Management Act, (or the
Emergency Management and Civil Protection Act, when so
renamed) R.S.O. 1990, c. E.9, as amended, or any successor
legislation thereto;
(v) an event or circumstance where the City’s municipal emergency
control group, established under the Act, has been activated;
Page 528 of 947
Page 9 of 36
“Specialized Services” means those services requiring the skills of trades
including, but not limited to electrical, mechanical, drywall, painting, HVAC,
roofing, plumbing, electronics, telecommunications infrastructure and
insulation;
“Substantive Objection” means a written objection provided to the
Procurement Division from a Supplier with respect to a Bid Solicitation
giving specific reasons for the objection;
“Supplier” means any individual or organization offering Goods and/or
Services including but not limited to contractors, consultants, vendors and
service organizations;
“Surplus Assets” means Goods, equipment and other assets that are
obsolete, damaged or surplus to that Department’s needs; and
“Trade Agreements” means any agreements with respect to access to
government procurement opportunities as may be applicable to the
Corporation, e.g., CFTA and CETA.
3. APPLICATION
(a) The policies and procedures outlined in this By-law, including all the
purposes, goals and objectives of Section 1 hereof, and including the use
of electronic means, shall be followed for the Procurement of all Goods
and/or Services by the Corporation or its officers, servants and employees.
(b) No procurement or purchase shall be arranged or made to avoid the
application of this bylaw. Without limiting the generality of the foregoing, no
procurement of Goods and/or Services shall be divided into two or more
parts for the purpose or intent of, or with the effect of, avoiding or frustrating
the application of this bylaw.
(c) All Procurements shall be subject to the Purchasing Procedures as they
exist from time to time.
(d) The Method of Purchasing set out in Sections 10 to 21, and the reporting
procedures set out in Section 23, shall not apply to the Purchase and
Disposal of those Goods and/or Services outlined in Schedule “A”.
(e) This provision provides authority for the Purchase of Goods and/or Services
outlined in Schedule “A”, pending Budget availability.
(f) Any Contracts necessary to complete the Purchase of Goods and/or
Services outlined in Schedule “A” on a Single Source basis shall be
executed by the appropriate Document Execution Authority for Single
Source as set out in Schedule “B”, up to the prescribed limits, provided that:
Page 529 of 947
Page 10 of 36
(i) the Contract has been prepared in a form satisfactory to the City
Solicitor;
(ii) any financial securities and insurance required under the Contract
are satisfactory to the City Solicitor; and
(iii) funding is available in the Budget.
4. RESPONSIBILITIES AND AUTHORITIES
(a) The Director of Finance shall have all the necessary authority to administer
this By-law and to carry out his or her duties on behalf of the Corporation.
(b) The Procurement Division is responsible for and shall have the authority to:
(i) acquire or dispose of Goods and/or Services;
(ii) call, receive, open and review Bids and proposals;
(iii) establish administrative procedures and policies for the
implementation of this By-law;
(iv) establish, through consultation with the City Solicitor, standards for
Bid Solicitations, Purchase Orders, Contracts and other documents;
(v) establish, through consultation with the user Department and City
Solicitor, the terms and conditions of Bid Solicitations;
(vi) provide guidelines on Procurement policies and procedures and the
structure, format and general content of Bid Solicitations;
(vii) review proposed Bid Solicitations to ensure clarity, reasonableness
and quality and advise staff of suggested improvements;
(viii) establish, through consultation with the Director of Finance, policies
and procedures to support the Corporation’s Purchasing Card Policy,
as amended.
(ix) act on behalf of the Corporation, and from time to time, other boards
and agencies, for the purposes of the Purchase or Disposal of Goods
and/or Services;
(x) ensure open, fair and impartial Procurement processes for Goods
and/or Services;
(xi) ensure compliance with this By-law and advise the Director of
Finance when there has been non-compliance. The Director of
Finance shall take appropriate action to address and correct any
non-compliance;
Page 530 of 947
Page 11 of 36
(xii) develop co-operative Purchasing plans with other units of
government or their agencies or public authorities, where deemed
beneficial to the Corporation;
(xiii) promote the standardization of Goods and/or Services, where such
standardization demonstrably supports the purposes, goals and
objectives of this By-law; and
(xiv) ensure that where applicable, Procurements are compliant with
applicable Trade Agreements.
(c) The Manager of Procurement, with the written approval of the Director of
Finance, may delegate to an employee or employees all or part of the
authority in Subsection 4(b) above, which authority may be limited to a
particular type of Goods and/or Services.
(d) The CAO or Director of Finance shall appoint in writing as per the
Delegation By-law as amended, Department Representatives who shall be
responsible for the Procurement of Goods and/or Services and subject to
oversight, up to the value of their prescribed authority, in accordance with
Section 4 (e);
(e) Department Representatives will also have the following specific
responsibilities:
(i) ensure budget availability, prior to soliciting Good and/or Services, in
accordance with Council approved Budgets.
(ii) ensuring that all Contract terms and conditions comply with the Bid
Solicitation;
(iii) preparing and approving all specifications and terms of reference in
consultation with the Procurement Division;
(iv) managing Contracts to ensure Goods and/or Services are received
by the Corporation and comply with Contract terms and conditions;
(v) monitoring all Contract expenditures and ensuring that all financial
limitations have been complied with and that all accounts are paid
within the times set out in the Contract or as required by applicable
laws;
(vi) monitoring the performance of Suppliers;
(vii) standardizing the use of Goods and/or Services, where such
standardization demonstrably supports the purposes, goals and
objectives of this By-law;
Page 531 of 947
Page 12 of 36
(viii) ensuring that all Goods and/or Services purchased have been
received and recording receipt in the form prescribed by the
Procurement Division; and
(ix) ensuring that all Surplus Assets have been disposed of in
accordance with this By-law and that the consideration therefor, if
any, has been received and recorded by the Corporation.
5. REQUIREMENT FOR APPROVED FUNDS
(a) Except as provided in Section 17 hereof, the exercise of authority to award
a Contract is subject to the identification and availability of sufficient funds
in appropriate accounts within the Budget.
(b) Where Goods and/or Services are routinely purchased or leased on a multi-
year basis, the exercise of authority to award a Contract is subject to the
following:
(i) the identification and availability of sufficient funds in appropriate
accounts for the current year within the Budget;
(ii) the Goods and/or Services will continue to be required in subsequent
years and, in the opinion of the Director of Finance, the required
funding can reasonably be expected to be made available; and
(iii) the Contract includes a provision that the supply of Goods and/or
Services in subsequent years is subject to the approval by Council
of the Budget estimates to meet the proposed expenditures.
(c) The Manager of Procurement may enter into contractual arrangements on
behalf of the Corporation to permit acquisition of Goods and/or Services
based on a per-unit costing basis, without a specific Budget and without
obligation on the part of the Corporation to purchase specific Goods and/or
Services until further authorized in accordance with this By-law. This only
applies to Goods and/or Services that are widely used by the Corporation
and the funding is reasonably expected to be available within Department
Budgets.
6. TRADE AGREEMENTS
(a) Purchasing by the Corporation may be subject to the provisions of Trade
Agreements.
(b) Where an applicable Trade Agreement is in conflict with this By-law, the
Trade Agreement shall take precedence to the extent only of the conflict.
(c) The Procurement Division shall advise the appropriate Director when a
Purchase may not conform to an applicable Trade Agreement as early as
possible in the Bid Solicitation process.
Page 532 of 947
Page 13 of 36
7. ADVERTISING OF BID SOLICITATIONS
(a) Purchases covered by the various monetary thresholds of applicable Trade
Agreements for Goods and/or Services shall, as a minimum:
(i) be advertised on the Bidding System authorized by the Procurement
Division for Bid Solicitations for at least the minimum number of days
preceding the stated Procurement closing date as are required by
the applicable Trade Agreements, subject to reduction, where
permitted by applicable Trade Agreements, where an RFPQ has
been previously issued in advance in accordance with this By-law;
AND
(ii) the Bid Solicitations shall be published on any designated electronic
Canada-wide single point of access as directed by the Government
of Canada.
(b) The Manager of Procurement may publish Bid Solicitations for lesser
amounts if he or she determines that it is in the Corporation’s best interest
to do so.
(c) No additional advertising is required for Purchases where bidders have
been previously pre-qualified in accordance with this By-law.
(d) Advertising is not required for Professional Services that may be provided
only by Ontario licensed professionals.
8. PURCHASING DOCUMENTATION
(a) The use of standard electronic Procurement documents shall be approved
by the Manager of Procurement and the City Solicitor.
(b) A Bid Solicitation may specify a specific product or brand name to ensure
consistency, to minimize risk to the Corporation, or for other valid purposes.
(c) All changes to standard Procurement documents and forms of Contracts
shall be reviewed and approved by the City Solicitor.
(d) Before issuance, all Bid Solicitations shall be reviewed by the Procurement
Division.
9. METHOD OF PURCHASING
(a) Any person Purchasing or Disposing of Goods and/or Services, except
Excluded Purchases, on behalf of the Corporation shall do so using one of
the methods of Purchasing set out in Sections 10 to 21 (“Method of
Purchasing”). The Method of Purchasing may be utilized individually or in
combination with one another, as may be appropriate in the circumstances.
Page 533 of 947
Page 14 of 36
(b) A Procurement using any Method of Purchasing, except for the Exceptions
to the Formal Purchasing Process and Purchases of Low Value, shall be
conducted through or reviewed by the Procurement Division.
10. REQUEST FOR PRE-QUALIFICATION
(a) Where appropriate, the Procurement Division may conduct a Request for
Pre-Qualification (RFPQ) to develop a list of Suppliers that may be eligible
to submit a Bid on subsequent Bid Solicitations or to develop a Roster in
accordance with Section 20.
(b) Pre-qualification under a RFPQ may be considered in the following
circumstances:
(i) the work will require substantial project management by the
Corporation and could result in substantial cost to the Corporation if
the Supplier is not appropriately experienced;
(ii) the Goods and/or Services to be purchased must meet national
safety standards;
(iii) the work involves complex, multi-disciplinary activities, specialized
expertise, equipment, materials or financial requirements;
(iv) the work will consist of miscellaneous repairs and services as
required by the Corporation such as plumbers, electricians, and
drywall contractors;
(v) there could be substantial impact on the Corporation’s operations if
the Purchased work is not satisfactorily performed in a timely
manner; or
(vi) any other circumstances deemed appropriate by the Manager of
Procurement.
(c) Supplier submissions will be evaluated and ranked and a short list of
pre-qualified Suppliers will be invited to participate in the second step of the
two-step Procurement process, being a Request for Proposal or a Request
for Tender, or, if applicable, be placed on a Roster.
(d) An RFPQ is not a legal offer but only an invitation for Suppliers to make
offers, or to have an opportunity to make offers, to the Corporation.
(e) All RFPQs shall be conducted in accordance with submission instructions
in the particular Bid Solicitation and, as applicable, Section 7 of this By-law.
Page 534 of 947
Page 15 of 36
11. REQUEST FOR EXPRESSIONS OF INTEREST
Where appropriate, the Procurement Division may conduct a Request for
Expression of Interest (RFEOI) for the purpose of determining the availability of
Suppliers and for the purpose of compiling a list of potential Suppliers that may be
used as a specific pre-condition of any Method of Purchasing. The receipt by the
Corporation of a potential Supplier’s expression of interest does not create any
obligation between the potential Supplier and the Corporation.
12. LOW VALUE PURCHASES
Department Representatives are authorized to purchase Low Value Goods and/or
Services in accordance with the Purchasing Procedures. Only purchases that can
be demonstrated to be made at Fair Market Value shall be made. Department
Representatives may procure Low Value Goods and/or Services through the
following means:
(a) Purchasing Card used in accordance with the Corporation’s Purchasing
Card Policy, as amended by the Director of Finance, or, in limited situations,
direct invoicing from the Supplier approved by the Department
Representative with authority to approve the purchase; or
(b) Purchase Order if the Supplier will not accept either option in (a) above.
13. INFORMAL REQUEST FOR QUOTATION – SMALL VALUE PURCHASES
Department Representatives are authorized to purchase Small Value Goods
and/or Services through an Informal Request for Quotation in accordance with the
Purchasing Procedures.
(a) If possible, at least three (3) Quotations shall be solicited based on identical
specifications. Quotations received shall be evaluated on the basis of price
and the criteria outlined in the Informal Request for Quotation to determine
the preferred Supplier.
(b) The Purchase Requisition shall be prepared by the Department
Representative, for signature and approval in accordance with the
Purchasing Authorities set out in Schedule “B”.
(c) The Procurement Division shall issue a Purchase Order when it has
received all necessary approvals and the Department Representative, after
due consideration, is satisfied the process and resulting documents comply
with the requirements of Subsection 13(a) of this By-law and are consistent
with the spirit of this By-law as set forth in Section 1 of this By-law.
Page 535 of 947
Page 16 of 36
14. REQUEST FOR QUOTATION – MID VALUE PURCHASES
A Request for Quotation shall be used for Mid Value Purchases in accordance with
the Purchasing Procedures. Quotations received shall be evaluated on the basis
of price and the criteria set out in the RFQ to determine the preferred Supplier. The
results of the RFQ will be reported in accordance with Section 23.
15. REQUEST FOR TENDER – LARGE VALUE PURCHASES
(a) A Request for Tender shall be used for Large Value Purchases if these
conditions apply:
(i) two (2) or more sources are considered capable of supplying the
Goods and/or Services;
(ii) the Goods and/or Services are adequately defined to permit the
evaluation of Bids against clearly defined criteria; and
(iii) it is intended that the Lowest Compliant Bid will be accepted.
(b) All RFTs shall be advertised in accordance with Section 7 except where a
list of potential Suppliers has been compiled through an RFPQ. Only those
prequalified Suppliers shall be notified and only Bids from those prequalified
Suppliers shall be accepted.
(c) Where an Award is recommended, a Bid Approval Report will be prepared
by the Department Representative, for signature and approval in
accordance with the Purchasing Authorities set out in Schedule “B” and all
Contracts shall be executed in accordance with the Document Execution
Authorities set out in Schedule “B”.
(d) The Bid results will be reported in accordance with Section 23.
16. REQUEST FOR PROPOSAL or NEGOTIATED REQUEST FOR PROPOSAL
(a) For Procurements that have a value in excess of Small Value, a Request
for Proposal or Negotiated Request for Proposal shall be issued in the case
where the Method of Purchasing meets one or more of the following criteria:
(i) the Purchase is required as a result of a particular problem,
requirement or objective;
(ii) the selection of the Supplier depends more upon the effectiveness
of the proposed solution, rather than the price alone;
(iii) the precise Goods and/or Services, or the specifications therefor, are
not known or are not definable and it is expected that Suppliers will
further define them.
Page 536 of 947
Page 17 of 36
(b) All RFPs and NRFPs will be evaluated based on the evaluation criteria
outlined in the Bid Solicitation by an evaluation team. The team shall be
comprised of members of the requesting Department who will perform the
evaluations of submissions received. The Procurement Division will be the
moderator of the evaluation process.
(c) RFPs and NRFPs shall be conducted by Procurement Division in
accordance with Section 21.
(d) RFPs and NRFPs shall be advertised in accordance with Section 7, except
where a list of pre-qualified Suppliers has been compiled through an RFPQ.
Only those pre-qualified Suppliers shall be notified and only Bids from those
pre-qualified Suppliers shall be accepted.
(e) Where an Award is recommended, a Bid Approval Report will be prepared
by the Department Representative, for signature and approval in
accordance with the Purchasing Authorities set out in Schedule “B” and
Purchase Orders or Contracts shall be executed in accordance with the
Document Execution Authorities set out in Schedule “B”.
(f) The Bid results will be reported in accordance with Section 23.
17. SPECIAL CIRCUMSTANCE PURCHASES
(a) Purchases that are required to respond to a Special Circumstance shall be
authorized in accordance with Schedule “B”. All such purchases must be
reported to the Procurement Division on the following business day.
(b) Contracts required to effect Special Circumstance purchases shall be
executed in accordance with the Document Execution Authorities set out in
Schedule “B”.
(c) When a Special Circumstance occurs and compliance with subsection 5(a)
of this By-Law is not reasonably achievable prior to the acquisition of
required Goods and/or Services, a Contract may, notwithstanding
subsection 5(a), be awarded, provided that:
(i) The CAO, in addition to all other required Document Execution
Authorities otherwise required by this By-law, has consented to the
Award;
(ii) The CAO, as soon as possible in the circumstances, shall identify
and approve or seek approval of the funds required to pay for the
Purchase relating to the Special Circumstance.
Page 537 of 947
Page 18 of 36
18. SINGLE & SOLE SOURCE PURCHASES
(a) A competitive procurement process is not required for Single or Sole Source
Purchases, provided that one of the following conditions applies:
(i) the compatibility of a Purchase with existing equipment, product
standards, facilities or service is a paramount consideration;
(ii) a Good and/or Service is Purchased for testing or trial use;
(iii) there is an absence of competition for technical reasons and the
Goods and/or Services can only be supplied by a particular Supplier;
(iv) an unforeseeable situation of urgency exists and the Goods and/or
Services cannot be obtained in time by an open purchasing process;
(v) the Corporation has a rental contract with a purchase option and the
exercise of such purchase option is beneficial to the Corporation;
(vi) for matters involving security, police matters or confidential issues,
in which case a Purchase may be made in a manner that protects
the confidentiality of the Supplier or the Corporation;
(vii) for work to be performed on or about a leased building or portions
thereof that may be performed only by the lessor;
(viii) for the purchase of real property;
(ix) for work to be performed on property by a Contractor according to
provisions of a warranty or guarantee held in respect to the property
or original work;
(x) for the purchase of Goods under exceptionally advantageous
circumstances such as bankruptcy or receivership, but not for routine
purchases;
(xi) to ensure compatibility with existing products and services.
Compatibility with existing products or services may not be allowable
if the reason for compatibility is the result of one or more previous
non- competitive Procurements;
(xii) to recognize exclusive rights, such as exclusive licenses, copyright
and patent rights, or to maintain specialized products that must be
maintained by the manufacturer or its representatives;
(xiii) for the Procurement of Goods and Services the supply of which is
controlled by a supplier that has a statutory monopoly;
(xiv) there are no Compliant Bids in response to a Bid Solicitation; or
Page 538 of 947
Page 19 of 36
(xv) a Roster for Professional Services has been developed in
accordance with Section 20 of this By-law and the Services to be
purchased are from a person named in the Roster.
(b) The Bid Approval Report shall be prepared in accordance with Section
23(a).
(c) All Purchases shall be authorized in accordance with the Purchasing
Authorities set out in Schedule “B” and all Contracts shall be executed in
accordance with the Document Execution Authorities set out in Schedule
“B”.
(d) Where required by applicable Trade Agreements, Single or Sole Source
Purchases shall be published on the Bidding System.
19. NEGOTIATION
(a) Notwithstanding that some discussion and Negotiation with potential
Suppliers may be a component of any Purchasing process, Negotiation may
be used for Purchases of Goods and/or Services when any one or more of
the following criteria apply:
(i) the required Goods and/or Services are in short supply;
(ii) competition is precluded due to the existence of any patent right,
copyright, technical secret or control of raw material;
(iii) a Single or Sole Source is being recommended;
(iv) two (2) or more identical Bids are received;
(v) the Lowest Compliant Bid received meets all specifications but
exceeds the Budget amount for the Procurement;
(vi) the extension of an existing Contract would be more effective;
(vii) only one (1) Bid is received in response to a Bid Solicitation;
(viii) a Roster for Professional Services has been developed in
accordance with Section 20 of this By-law and the Services to be
purchased are from a person named in the Roster; or
(ix) there is authorization to do so by the Purchasing Authorities set out
in Schedule “B”.
(b) The Bid Approval Report shall be prepared in accordance with Section
23(a).
Page 539 of 947
Page 20 of 36
(c) All Purchases shall be authorized in accordance with the Purchasing
Authorities set out in Schedule “B” and all Contracts shall be executed in
accordance with the Document Execution Authorities set out in Schedule
“B”.
20. ROSTER FOR PROFESSIONAL OR SPECIALIZED SERVICES
(a) An RFPQ or an RFEOI may be conducted for the purpose of developing
Rosters of qualified Suppliers of Professional Services or Specialized
Services for projects requiring similar and particular expertise. While the
use of a Roster is strictly optional, the associated RFPQ or RFEOI shall be
conducted in accordance with the provisions of this By-law.
(b) All RFPQs and RFEOIs shall be advertised in accordance with Section 7.
(c) An evaluation team shall analyze and evaluate the responses received
using the criteria outlined in the RFPQ or RFEOI to select a number of
qualified Suppliers of Professional Services or Specialized Services to be
placed on Roster.
(d) On subsequent projects, Suppliers of Professional Services or Specialized
Services may be selected from the Roster to submit detailed proposals in
response to a Bid Solicitation, in accordance with Sections 12 through 16
of this By-law and the Consultant Selection Policy, as amended. The
requesting Department shall invite Suppliers on the Roster to provide
Services, using best efforts to equally distribute opportunities amongst the
Suppliers on the Roster. In the event that the Roster includes only one (1)
Supplier, the City shall reserve the right to invite other Suppliers to submit
Bids.
(e) Alternatively, a Supplier may be selected from a Roster to submit a Bid for
Professional Services or Specialized Services in accordance with Section
18 or 19 of this By-law.
(f) Rosters shall be compliant with Trade Agreements and shall only be valid
to a maximum of three (3) years from the date of formation.
21. FORMAL BID PROCESS
(a) All Bids (with the exception of submissions in response to Informal
Requests for Quotations of Small Value) shall be received by the
Procurement Division, in accordance with the instructions in the Bid
Solicitation, and opened at the time stated in the Bid Solicitation.
(b) The Suppliers’ names and the Bid amounts shall be posted on the Bidding
System website.
(c) Bid Irregularities shall be administered in accordance with section 27 Bid
Irregularities.
Page 540 of 947
Page 21 of 36
22. CO-OPERATIVE PROCUREMENT
The Manager of Procurement may enter into arrangements with any government
body, ministry, agency, board, corporation or authority on a co-operative or joint
basis for Purchases of Goods and/or Services where there are economic
advantages in so doing and such Purchases comply with this By-law or the
Purchasing Process and Procedures of the originating agency. Cooperative
Procurement for reporting purposes shall be considered a Request for Proposal or
a Request for Tender based on the process undertaken by the originating agency.
23. REPORTING PROCEDURES
(a) The Procurement Division shall report all Awards in excess of Small Value
to the public via the Bidding System website for RFQs, RFTs, RFPs and
NRFPs.
(b) Award notifications for formal Bids including RFQs and RFTs will be the
awarded bidder’s name and the Bid amount.
(c) Award notification for formal Bids including RFPs and NRFPs will be the
awarded bidder’s name.
24. PRESCRIBED COUNCIL APPROVAL
Notwithstanding any other provision of this By-Law or “The Approved Project By-
Law” No. 2018-02 as amended; the following Awards require Council approval:
(a) the recommended Award exceeds the Large Value threshold and exceeds
the amount already approved for the Award in the Budget of the
Corporation;
(b) the authority to Award has not been expressly delegated to City Staff;
(c) the recommended Award is not the Lowest Compliant Bid in the case of an
RFT or highest scoring proponent in the case of an RFP; or
(d) the recommendation is Single or Sole Source or Negotiation over $100,000.
25. DOCUMENT EXECUTION AUTHORITY
Employees or officers of the Corporation identified in Schedule “B” (Document
Execution Authority) shall have the authority to execute Contracts and all other
documents necessary to effect the Award or Purchase of Goods and/or Services,
up to the prescribed limits, provided that the documents have been prepared in a
form satisfactory to the City Solicitor and that the Procurement and the Award or
Purchase comply with this By-law.
Page 541 of 947
Page 22 of 36
26. FINANCIAL SECURITIES AND INSURANCE
The Procurement Division may require that a Bid be accompanied by Bid Security
to guarantee that the successful Supplier enters into a Contract with the
Corporation.
(a) In addition to the security referred to in Section 26, the successful Supplier
may also be required to provide:
(i) a performance bond to guarantee the performance of the Contract;
(ii) a labour and materials payment bond to guarantee the payment for
labour and materials to be supplied by subcontractors in connection
with a Contract; and/or
(iii) such further security or evidence of compliance as the Procurement
Division deems appropriate in the circumstances.
(b) Prior to the commencement of work, the Supplier shall provide to the
Corporation, proof of insurance in accordance with the Bid Solicitation,
satisfactory to the City Solicitor.
(c) Prior to the Corporation issuing payment to a Supplier, the Supplier shall
provide a Certificate of Clearance from the Workplace Safety and Insurance
Board confirming all premiums or levies have been paid to the Board to
date.
(d) Failure to comply with all terms and conditions of a Bid Solicitation, including
failure to provide proof of insurance as required, shall be just cause for
cancellation of the Award.
27. BID IRREGULARITIES
(a) The Procurement Division will maintain procedures to administer Bid
Irregularities.
(b) Each Bid Solicitation document issued by the Corporation will outline Bid
Irregularities that may lead to the disqualification of a Bid or may require
corrective action to take place in order to make the Bid compliant. The Bid
Irregularities and the response that the Corporation would have to each Bid
Irregularity may change from time to time. The listing of Bid Irregularities
and responses in a Bid Solicitation document is not intended to be a
comprehensive listing of all irregularities.
(c) The process for administering Bid Irregularities shall be in the first instance,
in accordance with the provisions of the Bid Solicitation and in the event the
Bid Solicitation does not provide a full answer to the irregularity in question,
then in accordance with the procedures maintained by the Procurement
Division.
Page 542 of 947
Page 23 of 36
(d) Notwithstanding subsection 27(c), Bid Irregularities shall not be handled in
a manner that, in the opinion of the City Solicitor, would result in the legal
liability of the Corporation arising from the contemplated course of action
that will create a materially more significant risk of legal liability than an
alternative method available to the Corporation.
(e) The Procurement Division will attempt to avoid creating Bid Irregularities by
putting in Bid Solicitations only mandatory requirements that are justifiable
having regard to the Corporation’s needs and requirements and are
commercially reasonable and avoiding mandatory requirements that are not
commercially reasonable.
28. FORM OF CONTRACT
(a) All Awards shall require the issuance of a Contract.
(b) A Purchase Order may be used when the resulting Contract is
straightforward and will refer to the Corporation’s standard terms and
conditions outlined in the Bid Solicitation.
(c) A formal written agreement satisfactory to the City Solicitor shall be used
when the resulting Contract is complex or is a result of a Negotiation.
(d) It shall be the responsibility of the Procurement Division in consultation with
the City Solicitor to determine if it is in the best interest of the Corporation
to establish a Contract with the Supplier.
29. SUPPLIER PERFORMANCE
(a) The Department Representative shall monitor and document the
performance of Suppliers providing Goods and/or Services to that
Department and shall advise the Procurement Division in writing when the
performance of a Supplier has been unsatisfactory.
(b) The Corporation may, in its sole discretion, disqualify a Supplier from
bidding on any Bid Solicitation or reject a Bid submitted by the Supplier if a
Supplier:
(i) has, at any time, threatened, commenced or engaged in a claim or
litigation against the Corporation, except an adjudication under the
Construction Act;
(ii) is a respondent in a claim or litigation initiated by the Corporation;
(iii) previously provided Goods and/or Services to the Corporation in an
unsatisfactory manner;
(iv) has failed to satisfy an outstanding debt owed by the supplier to the
Corporation;
Page 543 of 947
Page 24 of 36
(v) has a history of illegitimate, frivolous, unreasonable or invalid claims
against the Corporation;
(vi) provides incomplete, unrepresentative references, or receives
unsatisfactory external and/or internal references in a reference
check in relation to the Bid Solicitation.
30. DEBRIEFING
All requests for a formal or informal Supplier Debriefing to obtain feedback on why
a Bid was not successful must be received by the City of Niagara Falls in writing
and directed to the Procurement Division. A request for a Supplier Debriefing will
not alter an Award decision.
31. DISPUTE RESOLUTION
(a) The Corporation encourages competitive bidding and an open, accountable
and transparent process for the Purchase of Goods and/or Services.
(b) To maintain the integrity of the Bid Solicitation process, a Supplier that
believes that it has been treated unfairly in a Bid Solicitation (including
pursuant to the requirements of applicable Trade Agreements) may
challenge the process by filing with the Manager of Procurement a
Substantive Objection that details its complaints within;
(i) two (2) business days from the posting of the Bid results on the
Bidding System website for a Request for Quotations or Request for
Tenders; or
(ii) two (2) business days of the Supplier being notified of the results of
a Request for Pre-Qualification, Request for Expression of Interest,
Request for Proposal or Negotiated Request for Proposal.
(c) Upon receipt of the Substantive Objection, the Manager of Procurement
shall request a meeting with all persons named in the Substantive Objection
to discuss the particulars of the claim within seven (7) business days. If
agreed by those attending the meeting that the matter can best be handled
by a written response only, the Manager of Procurement or Designate shall
with the assistance of those named prepare a written response and send it
to the company or person that issued the Substantive Objection.
(d) If the matter cannot be best handled by a written response, a meeting will
be convened between those who have been named in the Substantive
Objection and the originator of the Substantive Objection. The Manager of
Procurement or Designate shall chair such meeting and appoint a meeting
recorder to record all pertinent conversation. If the Substantive Objection
can be resolved at this meeting a written report of such resolution shall be
sent by the Manager of Procurement or Designate to all who were in
attendance.
Page 544 of 947
Page 25 of 36
(e) In the event a resolution cannot be achieved at said meeting described in
31(d) above and the originator of the Substantive Objection requests to
further prosecute the Substantive Objection, the Manager of Procurement
or Designate shall contact the City Solicitor. The Substantive Objection shall
then be handled by the City Solicitor in accordance with established
procedures for processing such claims.
(f) To ensure that the Dispute Resolution process for the particular Bid
Solicitation process is seen to be fair and impartial, elected officials shall
not advocate on behalf of Suppliers who have submitted a Substantive
Objection.
32. LOBBYING RESTRICTIONS
(a) Lobbying restrictions shall apply to Suppliers, their staff members, or
anyone involved in preparing a Bid. No Suppliers, their staff members, or
anyone involved in preparing a Bid shall engage in any form of political or
other Lobbying whatsoever or seek to influence the outcome of the Bid
Solicitation process or subsequent Award. This restriction extends to all the
Corporation’s staff and anyone involved in preparing a Bid Solicitation or
participating in a Bid evaluation process and members of Council.
(b) The Corporation may reject any Bid by a Supplier that engages in such
Lobbying, without further consideration, and may terminate that Supplier’s
right to continue in the Procurement process.
(c) During a Procurement process, all communications shall be made through
the Procurement Division. No Supplier or person acting on behalf of a
Supplier or group of Suppliers, shall contact any elected official, consultant
or any employee of the Corporation to attempt to seek information or to
influence the Award.
(d) Elected officials shall refer any inquiries about a Bid Solicitation process to
the Manager of Procurement.
33. ACCESS TO INFORMATION
(a) The disclosure of information received relevant to Bid Solicitations or
Awards shall be made by the appropriate officers in accordance with the
provisions of all relevant privacy legislation, including primarily the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O.
1990, c. M.56, as amended.
Page 545 of 947
Page 26 of 36
All Suppliers who Contract with the Corporation shall adhere to or exceed
the standards set in the Municipal Freedom of Information and Protection
of Privacy Act and the Personal Health Information Protection Act, 2004,
S.O. 2004, c. 3, Sched. A, and other relevant Ontario or Federal Privacy
Legislation or common law as may be passed or amended from time to time,
as though they were agents of the Corporation as relates to the confidential
and secure treatment, including collection, use, disclosure or retention, of
personal information or personal health information, other confidential
information of the Corporation, and all records thereof with which they come
into contact in the course of performing Services or providing Goods to the
Corporation.
34. SURPLUS ASSETS
(a) Department Managers shall submit to the Procurement Division from time
to time and upon request, a list of Surplus Assets in accordance with the
Purchasing Procedures.
(b) All Surplus Assets shall first be offered to other Departments.
(c) The Procurement Division shall have the authority to sell or dispose of all
Surplus Assets, by sealed bid, public auction, any other public sale or
donation.
(d) The sale of Surplus Assets shall be made to the highest bidder and in
accordance with the provisions of this By-law.
(e) Surplus Assets shall not be sold directly to an employee or to a member of
Council, although this does not prohibit any employee or member of Council
from purchasing Surplus Assets being sold through a public process.
(f) Surplus Assets not required by any Department may also be offered to area
municipalities, agencies and charitable organizations within the Niagara
Region prior to any public Disposal procedure. Donations to non-profit
agencies or non-profit institutions should be for educational or teaching
purposes only. All donated Surplus Assets must be approved by the
Director of Finance.
(g) If it is determined that the Goods have no residual value, the Procurement
Division may dispose of them as waste.
(h) Co-ordination of the disposal of unsafe or hazardous surplus items shall be
with Service Center Stores staff.
35. COMPLIANCE
(a) All persons involved in the Purchase or Disposal of Goods and/or Services
provided for in this By-law, shall act in a manner consistent with the
requirements and objectives of this By-law.
Page 546 of 947
Page 27 of 36
(b) Purchases may not be divided into two (2) or more parts to avoid the
requirements of this By-law.
(c) Any Goods and/or Services that are obtained in contravention of this By-
law will be subject to investigation by the Corporation, following which the
Corporation will take the necessary corrective action.
(d) Any employee of the Corporation who knowingly contravenes this By-law is
committing a serious act of misconduct and may be held personally liable
for the full value of the Purchase or Disposal and disciplinary action up to
and including termination.
(e) Non-compliant Purchases or obligations entered into for a Good or Service
can be completed by the Corporation if deemed appropriate to avoid legal
jeopardy and/or undue disruption to program delivery. The Manager of
Procurement and the Director of Finance are required to approve all non-
compliant exceptions and upon such approval being provided, such non-
compliant exceptions shall be deemed for the purposes of this subsection
to be in compliance with this By-law.
36. ENVIRONMENTALLY SOUND ACQUISITIONS
Departments will endeavour to include specifications in Bid Solicitations that
provide for energy efficient products, reusable products and products that contain
the lowest possible level of post-consumer waste and/or the highest possible
recyclable content, without significantly affecting the intended use of the Good or
Service.
37. CONFLICT OF INTEREST
(a) Personal Purchases shall not be made for any elected or appointed officials,
members of a board or commission, or for Corporation officers, employees
or their families.
(b) An employee of the Corporation who has the responsibility for declaring
Surplus Assets shall not bid on or personally obtain any goods that he or
she has declared as surplus.
(c) Every elected official, officer and employee of the Corporation and members
of an elected official, officer or employee’s family are expressly prohibited
from accepting, directly or indirectly, from any person, company, firm or
corporation to which any Purchase Order or Contract is, or might be
awarded, any rebate, gift or money, except gifts of a nominal value as
defined in the City’s Conflict of Interest Policy, as amended.
Page 547 of 947
Page 28 of 36
(d) All elected officials, officers and employees of the Corporation shall declare
any Conflicts of Interest to the Director of Finance and shall have no
involvement in a Procurement process where a real or perceived Conflict of
Interest has been found or deemed to exist in accordance with the City’s
Conflict of Interest Policy, as amended, including, but not limited to:
(i) requesting the Goods and/or Services, setting the parameters of the
Purchase, evaluating Bids or recommending, deciding or making
Awards;
(ii) direct contact with those making those Purchasing decisions, both in
the Procurement Division and the user Department.
(e) Suppliers shall not be allowed to submit a Bid for any Bid Solicitation in
which the Supplier has participated in the preparation of the Bid Solicitation,
and any such Bid submitted shall be disqualified.
38. SEVERABILITY
If any Section or Sections of this By-law or parts thereof are found by an adjudicator
of competent jurisdiction to be invalid or beyond the power of Council to enact,
such Section or Sections or parts thereof shall be deemed to be severable and all
other sections or parts of the By-law shall be deemed to be separate and
independent there from and shall continue in full force and effect unless and until
similarly found invalid or beyond the power of the Council to enact.
39. BY-LAW REVIEW
The Director of Finance shall review the effectiveness of this By-law at least every
five (5) years and report to Council as necessary.
40. GENERAL
(a) That Supply and Services Policy 2004 of The Corporation of the City of
Niagara Falls shall be repealed effective on the date this By-law comes into
force.
(b) That, notwithstanding Subsection 40 (a) the Supply and Services Policy of
The Corporation of the City of Niagara Falls shall continue to apply to all Bid
Solicitations commenced before its repeal.
(c) The short title of this By-law is the “Procurement By-Law”.
Page 548 of 947
Page 29 of 36
41. EFFECTIVE BY-LAW DATE
This By-law shall come into force and effect on the 1st day of February 2021.
Read a first, second and third time; passed, signed and sealed in open Council this
19th day of January, 2021.
..................................................................... ....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 549 of 947
Page 30 of 36
Schedule “A”
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
EXCEPTIONS TO FORMAL PURCHASING PROCESS
The Purchase of the items in Schedule “A” shall be made in accordance with Section 3
of this By-law.
1. Petty Cash items
2. Training and Education
(a) Conferences, conventions, courses and seminars
(b) Magazines, books, periodicals
(c) Memberships
(d) Staff Development
3. Refundable Employees Expenses
(a) Advances
(b) Meal Allowances
(c) Travel and Entertainment
(d) Miscellaneous - Non-Travel
4. Employer’s General Expenses
(a) Payroll Deductions Remittances
(b) Medical
(c) Licenses (Vehicle, Firearms, etc.)
(d) Customs Brokerage Fees
(e) Debenture Payments
(f) Insurance Premiums
(g) Grants to Agencies
(h) Damage Claims
(i) Petty Cash Replenishment
(j) Tax Remittances
Page 550 of 947
Page 31 of 36
(k) City charges to and from other government bodies
(l) Sinking Fund Payments
(m) Payment for employment (i.e. Contract employees)
(n) Employee Benefits
(o) Postage
5. Professional and Special Services
(a) Committee Fees
(b) Medical and Laboratory Services
(c) Fees for professional legal or related expert services
(d) Integrity Commissioner
(e) Payments to Social Service and Health Agencies that are subject to
Purchase of Service Agreements, such as childcare providers.
(f) Medical and Dental fees
(g) Funeral and Burial expenses
(h) Appraiser Fees
(i) Witness fees
(j) Honoraria
(k) Advertising
6. Ongoing maintenance and software licencing agreements for equipment such as
computer hardware and software, telecommunications equipment, elevators, and
HVAC equipment.
7. Banking Services and Charges
8. Utilities (monthly charges)
a) Water and Sewer
b) Hydro
c) Gas
d) Communication Infrastructure Services such as Bell, Cogeco, Rogers, etc.
Page 551 of 947
Page 32 of 36
e) Utility relocations
f) Construction work completed by Railways and billed to the Corporation.
9. Real Property
a) Acquisition or Disposal of Real Property including easements and right-of-
ways through a rental, lease, purchase or sale.
10. Resale Items
Page 552 of 947
Schedule “B”
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
PURCHASING AND EXECUTION AUTHORITY
Page 33 of 36
Method of Purchasing Dollar Value Purchasing Authority* Document Execution
Authority **
Payment Release
Authority***
Low Value
Purchasing Card
Direct Invoice
Up to $2,500 Department Representative Department Representative
within Signing Authority /
Department Manager
Department
Representative within
Signing Authority /
Department Manager
Request for Quotation –
Small Value Quotes
Purchase Order
> $2,500 to $25,000 Department Representative Department
Representative/Manager
within Signing Authority /
Director or Designate /
Manager of Procurement
Department
Representative /
Manager within Signing
Authority / Director
Request for Quotations or
Proposals – Mid Value
Purchase Order or
Agreement Executed By
Legal Department
> $25,000 to $100,000 Department Representative Department Director or
Designate / Manager of
Procurement, Director of
Finance and CAO over
$50,000
Department Director or
Designate / Director of
Finance and CAO over
$50,000
Request for Tender or
Proposals – Large Value
Purchase Order or
Agreement Executed by
Legal
Agreement Executed By
Legal Department
> Greater than
$100,000
Department Representative
Council as per subsection
(24) / Director of Finance and
CAO if already approved in
the Budget
Department Director or
Designate / Director of
Finance and CAO
Mayor and City Clerk
Page 553 of 947
Schedule “B”
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
PURCHASING AND EXECUTION AUTHORITY
Page 34 of 36
Method of Purchasing Dollar Value Purchasing Authority* Document Execution
Authority **
Payment Release
Authority***
Single Source, Special
Circumstances and
Negotiation
Purchase Order or
Agreement Executed By
Legal Department
> $2,500 to $25,000
(Small Value)
> $25,000 to $100,000
(Mid Value)
> Greater than
$100,000
(Large Value)
Department Manager / With
Manager of Procurement
Approval
Department Manager / With
Manager of Procurement /
Director of Finance and CAO
Approval
Council
Director and Manager of
Procurement
Director and Manager of
Procurement, Director of
Finance and CAO over
$50,000
Mayor and City Clerk
Department
Representative within
Signing Authority /
Department Manager
Director and Director of
Finance and CAO over
$50,000
Director and Director of
Finance and CAO
* “Purchasing Authority” means those positions listed and includes any position that is higher in the Corporation’s
reporting structure based on approved Budget amount.
** “Document Execution Authority” means those positions listed that are permitted to execute documents based on the
Corporation’s By-laws.
*** “Payment Release Authority” as per Accounts Payable Invoice Authorization Signing Authority list, as amended.
Page 554 of 947
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
INDEX
Page 35 of 36
PURPOSES, GOALS AND OBJECTIVES OF THIS BY-LAW ....................................... 1
DEFINITIONS ................................................................................................................ 2
APPLICATION ............................................................................................................... 9
RESPONSIBILITIES AND AUTHORITIES ................................................................... 10
REQUIREMENT FOR APPROVED FUNDS ................................................................ 12
TRADE AGREEMENTS ............................................................................................... 12
ADVERTISING OF BID SOLICITATIONS .................................................................... 13
PURCHASING DOCUMENTATION ............................................................................. 13
METHODS OF PURCHASING .................................................................................... 13
REQUEST FOR PRE-QUALIFICATION ...................................................................... 14
REQUEST FOR EXPRESSIONS OF INTEREST ........................................................ 15
LOW VALUE PURCHASES ......................................................................................... 15
REQUEST FOR QUOTATION – SMALL VALUE PURCHASES ................................. 15
REQUEST FOR QUOTATION – MID VALUE PURCHASES ....................................... 16
REQUEST FOR TENDER – LARGE VALUE PURCHASES ........................................ 16
REQUEST FOR PROPOSAL or NEGOTIATED REQUEST FOR PROPOSAL ........... 16
SPECIAL CIRCUMSTANCE PURCHASES ................................................................. 17
SINGLE & SOLE SOURCE PURCHASES ................................................................... 18
NEGOTIATION ............................................................................................................ 19
ROSTER FOR PROFESSIONAL OR SPECIALIZED SERVICES ............................... 20
FORMAL BID PROCESS ............................................................................................. 20
CO-OPERATIVE PROCUREMENT ............................................................................. 21
REPORTING PROCEDURES ...................................................................................... 21
PRESCRIBED COUNCIL APPROVAL ......................................................................... 21
DOCUMENT EXECUTION AUTHORITY ..................................................................... 21
FINANCIAL SECURITIES AND INSURANCE ............................................................. 22
BID IRREGULARITIES ................................................................................................ 22
FORM OF CONTRACT ................................................................................................ 23
SUPPLIER PERFORMANCE ....................................................................................... 23
DEBRIEFING ............................................................................................................... 24
DISPUTE RESOLUTION ............................................................................................. 24
Page 555 of 947
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
INDEX
Page 36 of 36
LOBBYING RESTRICTIONS ....................................................................................... 25
ACCESS TO INFORMATION ...................................................................................... 25
SURPLUS ASSETS ..................................................................................................... 26
COMPLIANCE ............................................................................................................. 26
ENVIRONMENTALLY SOUND ACQUISITIONS ......................................................... 27
CONFLICT OF INTEREST ........................................................................................... 27
SEVERABILITY ............................................................................................................ 28
BY-LAW REVIEW ........................................................................................................ 28
GENERAL .................................................................................................................... 28
EFFECTIVE BY-LAW DATE ........................................................................................ 29
SCHEDULE “A” – EXCEPTIONS TO FORMAL PROCUREMENT PROCESS ................ 30
SCHEDULE “B” – PURCHASING AND EXECUTION AUTHORITY ................................. 33
Page 556 of 947
F-2021-05
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2021-05
2021 Capital Budget Follow Up
RECOMMENDATION
1. That the commitment of 2021 capital spending from a proposed transfer from the
tax supported operating budget to the 2021 capital budget of $2,147,968 be
approved to fund 26 capital projects as illustrated in Attachment 1.
2. That the amended 2021 capital budget expenses and funding as illustrated in
Attachment 3 be approved.
EXECUTIVE SUMMARY
Council is faced with a decision to fund the 26 capital projects listed in Attachment 1 by
committing $2,147,968 of the proposed $4,200,000 transfer to capital from the tax
supported operating budget or cancel all or some of these projects. There are no other
available funding sources for these projects. Council is directed to the financial section of
this report to review staff analysis of some of the 26 projects listed on Attachment 1 that
staff feels Council does not have a decision whether to fund or cancel and must approve
the funding. As for the remaining projects on the list staff are eager to gain approval for
these projects or learn if Council intends to cancel them so they can move forward
accordingly.
BACKGROUND
Historically the City’s tax supported operating budget has contributed approximately
$4,000,000 to the capital budget to help maintain the state of good repair of the City’s
capital assets. As well, the information systems budgets contained approximately
$200,000 in computer equipment purchases that staff have identified as belonging in
capital and thus have shifted the budget and purchases accordingly. The Sewer and
Water utility budgets also make similar contributions to the capital budget of $5,400,000
from each budget in 2021. Additionally the City utilizes a variety of different funding
sources in the capital budget, many with distinct purposes or restrictions.
At its meeting on November 17, 2020 Council passed a motion to approve the 2021
capital budget in its entirety, but temporarily suspend 34 projects, with a gross capital
Page 557 of 947
2
F-2021-05
January 19, 2021
budget of $9,047,166, proposed to receive funding of $4,149,353 from the tax supported
operating budget. Council asked staff to report back with a financing strategy to minimize
the commitment to capital from the tax supported operating budget. Per past practice
Staff had initially suggested committing the full $4,000,000 transfer to 2021 capital
spending, plus reallocate $200,000 in IT computer spending, previously budgeted in the
tax supported operating budget.
At its meeting on December 8, 2020 Council approved 4 of 6 recommendations based on
a revised financing strategy presented by staff, utilizing debt financing as the main viable
option to minimize the $4,200,000 commitment from the tax supported operating budget.
The approved recommendations were as follows:
1. That the 2021 Capital Project “Beck Road Bridge Replacement” be cancelled for
2021 and that the Federal Gas Tax funding of $1,360,000 approved on November
17, 2020 be returned to the Federal Gas Tax reserve fund.
(Please note, Staff will re-request this item in the 2022 capital budget.)
3. That an additional $1,419,500 in debt be approved to fund a portion of the 2021
capital budget no longer proposed to be funded by a transfer from the tax
supported operating budget.
4. That $581,885 in Federal Gas Tax funding be approved to fund a portion of the
2021 capital budget no longer proposed to be funded by a transfer from the tax
supported operating budget.
5. That a further $530,000 in debt be approved to fund prior year portions of three (3)
of the 2021 projects proposed to receive debt funding under recommendation 3
and as illustrated in Attachment 2, in order to fully debt fund these projects,
returning previously approved Ontario Lottery and Gaming (OLG) funding to the
reserve, offsetting some of the OLG over-commitment.
Council deferred the following two recommendations to the January 19, 2021 meeting.
2. That the commitment of 2021 capital spending from a proposed transfer from the
tax supported operating budget to the 2021 capital budget of $4,149,353 be
revised to $2,147,968.
6. That the amended 2021 capital budget expenses and funding as illustrated in
Attachment 3 be approved.
Attachment 1 outlines a revised listing of which projects remain unapproved until such
time that a funding source can be confirmed by Council.
Page 558 of 947
3
F-2021-05
January 19, 2021
Staff is comfortable with the approach of only committing $2,147,968 of the tax supported
operating budget transfer to capital, but leaving $4,200,000 budgeted, knowing there’s
approximately a $2,000,000 buffer of uncommitted dollars built into the 2021 budget
should other budgeted revenue projections (OLG, user fees) not come through. This
seems like a prudent plan to mitigate risk in this uncertain budget year. If at the end of
2021 there is a surplus and some or all of the uncommitted approximate $2,000,000 can
be transferred, staff recommends transfers to capital special purpose reserves to help
build those balances back up to sustainable levels.
Currently the City’s capital reserves are not sustainably funded and cannot be relied upon
to take on additional funding commitments. Staff has already maximized all available
reserve funding to make up for the OLG funding shortfall in 2020.
As the transfer to capital from the tax supported operating budget is the only funding
option available for these 26 projects (since no OLG funds for 2021 and no available
reserves), Staff is not permitted to spend any money related to these projects until such
time as Council makes a final funding decision whether they will allow some or all of the
$4,200,000 proposed transfer from operating to be committed to capital.
ANALYSIS/RATIONALE
Staff reviewed all available and eligible funding sources. Capital Special Purpose Reserve
balances are not healthy enough for staff to recommend their use, and other funding
sources such as Development Charges and Grant Funding have already been maximized
during the preparation of the 2021 capital budget.
Debt financing is the last remaining funding source for consideration and was applied to
all eligible projects. Per the Municipal Act, 2001, only some projects are candidates for
debt due to the expected life of the asset or the nature of the expenses incurred to date.
Attachment 2 contains a summary of the 34 projects in the 2021 capital budget which
were proposed to be funded by the tax supported operating budget in the amount of
$4,149,353. With Council’s decision to suspend this funding at the November 17, 2020
Council meeting, staff reviewed the projects to determine if they were eligible for other
funding and presented a revised list of 26 projects as outlined in Attachment 1. This list
was presented to Council at the December 8, 2020 Council meeting for their
consideration. These 26 projects are not eligible or appropriate to be debt financed, and
therefore staff is recommending that they be funded by the tax supported operating
budget in the amount of $2,147,968.
Page 559 of 947
4
F-2021-05
January 19, 2021
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Attachment 1 contains a summary of the remaining 26 projects in the 2021 capital budget
which are proposed to be funded by the tax supported operating budget in the amount of
$2,147,968.
Debt has not been deemed to be a prudent financing instrument by the Treasurer for
these projects. The nature of many of these projects do not make them eligible or
appropriate for debt financing, and will need to continue to be funded by the tax supported
operating budget or cancelled entirely.
The summary below outlines some projects of critical importance that arguably cannot be
cancelled and staff feel Council must approve funding for at minimum.
Pre-Approved Projects Requiring Operating Budget Funding:
1. NG 9-1-1 Consultant ($200,000)
Council already pre-approved the NG 9-1-1 project in 2021, which was spread
over 2 years and is legislated. There is not an option to defer it to 2022 or cancel
it.
2. Restoration of Veteran Monuments ($20,000)
The Restoration of the Veteran Monuments is a 5 year partnership with the
Federal Government whereby the government grants the City $20,000 and the
City contributes $20,000 annually. 2021 is year 4 of 5. Staff can investigate if
the Federal Government will give us a one year break and extend the
agreement to 2023 however if the answer is no, then we may not be compliant
with the Transfer Payment Agreement and it could jeopardize current and
future grant funding under this agreement. Staff will await further direction on
January 19 before investigating further.
2021 New Asks Requiring Operating Budget Funding:
3. Salaries ($396,098)
In 2019 based on Staff’s recommendation Council agreed to fund certain
salaries of Project Managers and other Capital staff through the capital budget.
This funding is split 1/3 from water, 1/3 from sewer and 1/3 from the transfer
from tax supported budget. If Council does not fund this item in Capital these
staff would need to be moved back to funded from operating or laid off. It would
be inappropriate to fund them entirely from water and sewer transfers.
Page 560 of 947
5
F-2021-05
January 19, 2021
4. Airport 2021 Capital Ask ($118,070)
The City owns 36% of the Niagara District Airport and is asked annually to
contribute our portion of both capital and operating funds. This is a contractual
obligation of the City.
Projects with Significant Service Level or Customer Service Impacts:
5. Fire Bunker Gear ($100,000)
6. All IS technology purchases for 2021 ($300,000)
7. Wi-Fi in City Parks and Pools ($46,000)
The above summary is not meant to negate the importance of the other projects that
remain unapproved that have not been specifically mentioned but rather point out some
specific items that staff felt required further explanation and clarification of Council’s
options.
LIST OF ATTACHMENTS
1. 2021 Capital Budget – Revised List of Tax Supported Operating Budget Funded
Projects
2. 2021 Capital Budget – Original List of Tax Supported Operating Budget Funded
Projects
3. 2021 Capital Budget – Proposed 2021 Capital Budget
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
J. Dowling/T. Clark
Page 561 of 947
Attachment 1 - 2021 Capital Budget - Revised List of Tax Supported Operating Budget Funded Projects F-2021-05
January 19, 2021
Dept Priority Project Description Total Budget Revised
Operating
Fire High NG 9-1-1 Consultant 200,000 200,000
Cemetery High Restoration of Veteran Monuments (Federal Gevernment Partnership)40,000 20,000
240,000 220,000
Dept Priority Project Description Total Budget Revised
Operating
Municipal Works High Salaries 1,188,296 396,098
Municipal Works High Dorchester Road Reconstruction Oldfield to McLeod 55,000 49,500
Municipal Works High Koabel Road Bridge S099B Rehabilitation 52,500 52,500
Municipal Works High Major Donald Dell Bridge S101B Rehabilitation 67,500 67,500
Municipal Works High Schisler Road Bridge S094B Rehabilitation 66,000 66,000
Municipal Works High Willowdell Road Bridge S100B Rehabilitation 112,500 112,500
Municipal Works High Detenbeck Road Bridge S128B Replacement 45,000 45,000
Municipal Works High Garner Road Reconstruction Hydro Corridor to McLeod 135,000 135,000
Municipal Works High Whirlpool Road Reconstruction 30,000 30,000
Parks High Warren Woods Trail Development 100,000 10,000
Parks High Warren Woods Trail Parkette Development 60,000 6,000
Fire High PPE (Bunker Gear)100,000 100,000
Fire High Communications Recording System 25,000 25,000
Fire High Water Rescue Equipment 55,000 55,000
Planning & Building High City Hall Replacement Main Hydro Disconnect 75,900 58,300
Planning & Building Medium South NF/Grassy Brook Secondary Plan 325,000 32,500
Gen. Gov. - Airport High Niagara District Airport - 2021 Agreement 118,070 118,070
Gen. Gov & IS High Furniture 10,400 10,400
Gen. Gov & IS High Small Equipment 155,100 155,100
Gen. Gov & IS (Finance)High IS - Hardware Technology Purchases 300,000 300,000
Gen. Gov & IS (Finance)High IS - Station 7 NRBN Fiber Failover Build Costs 22,500 22,500
Gen. Gov & IS (Mayor/CAO)Medium Mayor - WiFi for City Parks & Pools 46,000 46,000
Gen. Gov & IS (Fire)Medium Fire - Station 1 Camera Upgrade 20,000 20,000
Gen. Gov & IS(MW)Medium MW - Builterra 15,000 15,000
3,179,766 1,927,968
3,419,766 2,147,968
2021 Capital Budget - Revised Tax Supported Operating Budget Funded Projects
26 Projects | Revised Tax Supported Operating Budget Commitment: $2,147,968 | Gross Budget: $3,419,766
2021 Pre-Approved Projects
TOTAL 2021 Pre-Approved
2021 Proposed Projects
TOTAL 2021 PROPOSED
GRAND TOTAL 2021 PROPOSED
Page 562 of 947
Attachment 2 - 2021 Capital Budget - Original List of Tax Supported Operating Budget Funded Projects F-2021-05
January 19, 2021
Dept Priority Project Description Total Budget Operating %
Fire High NG 9-1-1 Consultant 200,000 200,000 100%
Municipal Works High Drummond Road Watermain Replacement & Road
Reconstruction 4,207,900 581,885 14%
Parks High Firemen's Park Ampitheatre 250,000 250,000 100%
Cemetery High Restoration of Veteran Monuments (Federal Gevernment
Partnership)40,000 20,000 50%
4,697,900 1,051,885 22%
Dept Priority Project Description Total Budget Operating %
Municipal Works High Salaries 1,188,296 396,098 33%
Municipal Works High Dorchester Road Reconstruction Oldfield to McLeod 55,000 49,500 90%
Municipal Works High Koabel Road Bridge S099B Rehabilitation 52,500 52,500 100%
Municipal Works High Major Donald Dell Bridge S101B Rehabilitation 67,500 67,500 100%
Municipal Works High Schisler Road Bridge S094B Rehabilitation 66,000 66,000 100%
Municipal Works High Willowdell Road Bridge S100B Rehabilitation 112,500 112,500 100%
Municipal Works High Detenbeck Road Bridge S128B Replacement 45,000 45,000 100%
Municipal Works High Garner Road Reconstruction Hydro Corridor to McLeod 135,000 135,000 100%
Municipal Works High Whirlpool Road Reconstruction 30,000 30,000 100%
Parks High Corwin Park Trail Development 31,000 31,000 100%
Parks High Warren Woods Trail Development 100,000 10,000 10%
Parks High Warren Woods Trail Parkette Development 60,000 6,000 10%
Cemetery High Supply & Installation of Two 72 Niche Granite Columbaria in
Maple Grove Columbarium Garden in Fairview Cemetery 160,000 160,000 100%
Traffic Medium Traffic Calming Projects - Various Locations 43,500 43,500 100%
Fire High PPE (Bunker Gear)100,000 100,000 100%
Fire High Boathouse 350,000 350,000 100%
Fire High Communications Recording System 25,000 25,000 100%
Fire High Water Rescue Equipment 55,000 55,000 100%
Planning & Building High City Hall Replacement Main Hydro Disconnect 75,900 58,300 77%
Planning & Building Medium South NF/Grassy Brook Secondary Plan 325,000 32,500 10%
R&C High Gale Centre Refrigeration System Replacements 535,000 535,000 100%
R&C High MacBain CC Pylon Sign and Millennium Clock Retrofit 50,000 50,000 100%
Gen. Gov. - Airport High Niagara District Airport - 2021 Agreement 118,070 118,070 100%
Gen. Gov & IS High Furniture 10,400 10,400 100%
Gen. Gov & IS High Small Equipment 155,100 155,100 100%
Gen. Gov & IS (Finance)High IS - Hardware Technology Purchases 300,000 300,000 100%
Gen. Gov & IS (Finance)High IS - Station 7 NRBN Fiber Failover Build Costs 22,500 22,500 100%
Gen. Gov & IS (Mayor/CAO)Medium Mayor - WiFi for City Parks & Pools 46,000 46,000 100%
Gen. Gov & IS (Fire)Medium Fire - Station 1 Camera Upgrade 20,000 20,000 100%
Gen. Gov & IS(MW)Medium MW - Builterra 15,000 15,000 100%
4,349,266 3,097,468 71%
9,047,166 4,149,353 46%GRAND TOTAL 2021 PROPOSED
2021 Capital Budget - Tax Supported Operating Budget Funded Projects
34 Capital Projects | Commitment From Tax Supported Operating Budget: $4,149,353 | Gross Budget: $9,047,166
2021 Pre-Approved Projects
TOTAL 2021 Pre-Approved
2021 Proposed Projects
TOTAL 2021 PROPOSED
Page 563 of 947
Attachment 3 - 2021 Capital Budget - Proposed 2021 Capital Budget F-2021-05
January 19, 2021
Total Total
EXPENDITURES 2021 2022 2023 2024 2025 2021-2025 EXPENDITURES 2021 2022 2023 2024 2025 2021-2025
Consulting 3,413,170 3,413,170 Consulting 4,611,670 4,611,670
Land/Building 8,480,970 8,480,970 Land/Building 8,556,870 8,556,870
Furniture/Equip 9,905,000 9,905,000 Furniture/Equip 10,300,500 10,300,500
Construction Construction
Roads 7,602,194 7,602,194 Roads 7,602,194 7,602,194
Water 6,032,123 2,887,688 8,919,811 Water 6,032,123 2,887,688 8,919,811
Storm Sewers 1,519,734 1,519,734 Storm Sewers 1,519,734 1,519,734
Sanitary Sewers 2,731,100 2,731,100 Sanitary Sewers 2,731,100 2,731,100
Sitework/Landscaping 1,138,000 40,000 1,178,000 Sitework/Landscaping 1,178,000 40,000 1,218,000
Contingency 1,309,284 144,384 1,453,668 Contingency 1,309,284 144,384 1,453,668
Other 1,190,600 1,190,600 Other 2,900,466 2,900,466
TOTAL EXPENDITURES 43,322,174 3,072,072 - - - 46,394,246 TOTAL EXPENDITURES 46,741,940 3,072,072 - - - 49,814,012
FUNDING SOURCES FUNDING SOURCES
Transfer from Operating (20,000) (20,000) Transfer from Operating (2,147,968) (20,000) (2,167,968)
Transfer from Operating (Library)(11,000) (11,000) Transfer from Operating (Library)(11,000) (11,000)
Transfer from Sewer (4,172,362) (1,030,549) (5,202,911) Transfer from Sewer (4,568,461) (1,030,549) (5,599,010)
Transfer from Water (4,600,849) (1,030,549) (5,631,398) Transfer from Water (4,996,948) (1,030,549) (6,027,497)
Capital SPRs (2,600,974) (970,974) (3,571,948) Capital SPRs (2,600,974) (970,974) (3,571,948)
OLG - OLG -
Reserve Funds (25,000) (25,000) Reserve Funds (25,000) (25,000)
Development Charges (3,106,655) (3,106,655) Development Charges (3,548,655) (3,548,655)
Debentures (11,257,322) (11,257,322) Debentures (11,257,322) (11,257,322)
Gas Tax (6,398,590) (6,398,590) Gas Tax (6,398,590) (6,398,590)
Provincial/Federal Grants (10,066,752) (20,000) (10,086,752) Provincial/Federal Grants (10,086,752) (20,000) (10,106,752)
External Contributions (815,000) (815,000) External Contributions (815,000) (815,000)
Other*(267,670) (267,670) Other*(285,270) (285,270)
TOTAL FUNDING SOURCES (43,322,174) (3,072,072) - - - (46,394,246) TOTAL FUNDING SOURCES (46,741,940) (3,072,072) - - - (49,814,012)
*Other represents projects or parts of projects from 2020 that staff have recommended be cancelled for 2020
Funds will be placed in a reserve to use for 2021 priorities. These projects will be listed on a future close out report to Council
2021-2025 Capital Projects Budget 2021-2025 Capital Projects Budget
CONSOLIDATED
2021 PROPOSED AND PRE-APPROVED
CONSOLIDATED
2021 PROPOSED AND PRE-APPROVED
as Approved December 8, 2020 as Proposed January 19, 2021
Page 1 of 3Page 564 of 947
Attachment 3 - 2021 Capital Budget - Proposed 2021 Capital Budget F-2021-05
January 19, 2021
Total Total
EXPENDITURES 2021 2022 2023 2024 2025 2021-2025 EXPENDITURES 2021 2022 2023 2024 2025 2021-2025
Consulting 2,791,670 4,140,170 Consulting 3,840,170 3,840,170
Land/Building 3,855,970 3,931,870 Land/Building 3,931,870 3,931,870
Furniture/Equip 1,730,000 2,075,500 Furniture/Equip 2,075,500 2,075,500
Construction Construction
Roads 4,967,294 6,027,294 Roads 4,967,294 4,967,294
Water 1,315,835 1,315,835 Water 1,315,835 1,315,835
Storm Sewers 1,396,534 1,396,534 Storm Sewers 1,396,534 1,396,534
Sanitary Sewers 2,233,000 2,233,000 Sanitary Sewers 2,233,000 2,233,000
Sitework/Landscaping 888,000 888,000 Sitework/Landscaping 888,000 888,000
Contingency 55,000 55,000 Contingency 55,000 55,000
Other 875,200 2,585,066 Other 2,585,066 2,585,066
TOTAL EXPENDITURES 20,108,502 - - - - 20,108,502 TOTAL EXPENDITURES 23,288,268 - - - - 23,288,268
FUNDING SOURCES FUNDING SOURCES
Transfer from Operating (3,097,468) Transfer from Operating (1,927,968) (1,927,968)
Transfer from Operating (Library)(11,000) (11,000) Transfer from Operating (Library)(11,000) (11,000)
Transfer from Sewer (2,801,613) (3,197,712) Transfer from Sewer (3,197,712) (3,197,712)
Transfer from Water (1,741,700) (2,137,799) Transfer from Water (2,137,799) (2,137,799)
Capital SPRs (1,330,000) (1,330,000) Capital SPRs (1,330,000) (1,330,000)
OLG - OLG -
Reserve Funds (25,000) (25,000) Reserve Funds (25,000) (25,000)
Development Charges (2,621,655) (3,063,655) Development Charges (3,063,655) (3,063,655)
Debentures (5,435,500) (4,266,000) Debentures (5,435,500) (5,435,500)
Gas Tax (4,440,800) (5,800,800) Gas Tax (4,440,800) (4,440,800)
Provincial/Federal Grants (618,564) (618,564) Provincial/Federal Grants (618,564) (618,564)
External Contributions (815,000) (815,000) External Contributions (815,000) (815,000)
Other*(267,670) (285,270) Other*(285,270) (285,270)
TOTAL FUNDING SOURCES (20,108,502) - - - - (20,108,502) TOTAL FUNDING SOURCES (23,288,268) - - - - (23,288,268)
*Other represents projects or parts of projects from 2020 that staff have recommended be cancelled for 2020
Funds will be placed in a reserve to use for 2021 priorities. These projects will be listed on a future close out report to Council
2021-2025 Capital Projects Budget 2021-2025 Capital Projects Budget
ALL SERVICES - 2021 PROPOSED ALL SERVICES - 2021 PROPOSED
as Approved December 8, 2020 as Proposed January 19, 2021
Page 2 of 3Page 565 of 947
Attachment 3 - 2021 Capital Budget - Proposed 2021 Capital Budget F-2021-05
January 19, 2021
Total Total
EXPENDITURES 2021 2022 2023 2024 2025 2021-2025 EXPENDITURES 2021 2022 2023 2024 2025 2021-2025
Consulting 621,500 771,500 Consulting 771,500 771,500
Land/Building 4,625,000 4,625,000 Land/Building 4,625,000 4,625,000
Furniture/Equip 8,175,000 8,225,000 Furniture/Equip 8,225,000 8,225,000
Construction Construction
Roads 2,634,900 2,634,900 Roads 2,634,900 2,634,900
Water 4,716,288 2,887,688 7,603,976 Water 4,716,288 2,887,688 7,603,976
Storm Sewers 123,200 123,200 Storm Sewers 123,200 123,200
Sanitary Sewers 498,100 498,100 Sanitary Sewers 498,100 498,100
Sitework/Landscaping 250,000 40,000 330,000 Sitework/Landscaping 290,000 40,000 330,000
Contingency 1,254,284 144,384 1,398,668 Contingency 1,254,284 144,384 1,398,668
Other 315,400 315,400 Other 315,400 315,400
TOTAL EXPENDITURES 23,213,672 3,072,072 - - - 26,285,744 TOTAL EXPENDITURES 23,453,672 3,072,072 - - - 26,525,744
FUNDING SOURCES FUNDING SOURCES
Transfer from Operating (20,000) (1,071,885) Transfer from Operating (220,000) (20,000) (240,000)
Transfer from Operating (Library)- Transfer from Operating (Library)-
Transfer from Sewer (1,370,749) (1,030,549) (2,401,298) Transfer from Sewer (1,370,749) (1,030,549) (2,401,298)
Transfer from Water (2,859,149) (1,030,549) (3,889,698) Transfer from Water (2,859,149) (1,030,549) (3,889,698)
Capital SPRs (1,270,974) (970,974) (2,241,948) Capital SPRs (1,270,974) (970,974) (2,241,948)
OLG - OLG -
Reserve Funds - Reserve Funds -
Development Charges (485,000) (485,000) Development Charges (485,000) (485,000)
Debentures (5,821,822) (5,571,822) Debentures (5,821,822) (5,821,822)
Gas Tax (1,957,790) (1,375,905) Gas Tax (1,957,790) (1,957,790)
Provincial/Federal Grants (9,448,188) (20,000) (9,488,188) Provincial/Federal Grants (9,468,188) (20,000) (9,488,188)
External Contributions - External Contributions -
Other - Other -
TOTAL FUNDING SOURCES (23,213,672) (3,072,072) - - - (26,285,744) TOTAL FUNDING SOURCES (23,453,672) (3,072,072) - - - (26,525,744)
2021-2025 Capital Projects Budget 2021-2025 Capital Projects Budget
PRE-APPROVED PROJECTS PRE-APPROVED PROJECTS
as Approved December 8, 2020 as Proposed January 19, 2021
Page 3 of 3Page 566 of 947
F-2021-07
January 19, 2021
REPORT TO:Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY:Finance
SUBJECT: F-2021-07
Non-Owned Automobile Liability Policy
RECOMMENDATION
That Council adopt Policy 700.31 Non-Owned Automobile Liability Policy included as
Attachment 1.
EXECUTIVE SUMMARY
The City of Niagara Falls recognizes City employees or volunteers may need to use
their own personal motor vehicle to conduct business on behalf of the City. The Non-
Owned Automobile Liability Policy outlines the responsibilities for municipal employees
and volunteers.
BACKGROUND
The Insurance Act of Ontario is the governing legislation for automobile insurance in
Ontario and mandates that the registered owner of the motor vehicle bear the primary
responsibility for liability arising from the ownership, use or operation of their motor
vehicle.
The law does not change if a City employee or volunteer is driving their own motor
vehicle on behalf of and for the City. Whenever the motor vehicle is driven, regardless
of who is driving the vehicle or for what purpose the vehicle is being used, the owner of
the vehicle bears the primary responsibility for liability.
It is the Owner’s Automobile Policy that will be the primary responding policy in the
event of an accident.
The City’s non-owned automobile liability policy is designed primarily to pay claims in
excess of the insurance carried on a motor vehicle not owned by the municipality while
being used or operated on the City’s behalf. In all cases, law stipulates that the vehicle
owner’s insurance is primary to a non-owned liability insurance policy.
Page 567 of 947
2
F-2021-07
January 19, 2021
The City’s non-owned automobile liability policy only applies if the City is named in the
lawsuit. If found negligent, the policy will indemnify the City. If the City is not named in
the lawsuit, coverage is not triggered.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
At this time there are no financial/staffing or legal implications to adopt this policy. This
policy applies to all City of Niagara Falls employees including volunteers.
LIST OF ATTACHMENTS
1. 700.31 Non-Owned Automobile Liability Policy
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
J. McQuay
Page 568 of 947
1
POLICY
Financial Services
Policy #: 700.31
Issue Date: January 19, 2021
NON-OWNED AUTOMOBILE LIABILITY
PURPOSE
The Corporation of the City of Niagara Falls recognizes City employees or volunteers may need
to use their own personal motor vehicle to conduct business on behalf of the City. The Insurance
Act of Ontario is the governing legislation for automobile insurance in Ontario and mandates that
the registered owner of the motor vehicle bear the primary responsibility for liability arising from
the ownership, use or operation of their vehicle. The object of this policy is to outline the
responsibilities for municipal employees and volunteers of The Corporation of the City of Niagara
Falls.
DEFINITIONS
City means The Corporation of the City of Niagara Falls.
City Business means anything done in the course of providing work, services or goods on behalf
of the City.
Driver means a person who drives a vehicle on a highway.
Driver’s Licence means a licence issued under section 32 of the Highway Traffic Act, R.S.O.
1990, c. H.8 to drive a motor vehicle on a highway.
City Employees includes the Mayor, City Councilors, members who sit on any City boards and
committees, full-time employees, part-time employees, casual employees, contract employees,
volunteers and co-op placement employees.
Insurance means the undertaking by one person to indemnify another person against loss or
liability for loss in respect of a certain risk or peril to which the object of the insurance may be
exposed, or to pay a sum of money or other thing of value upon the happening of a certain event.
Insurance Act, R.S.O. 1990, c. I.8 of the Province of Ontario is the governing legislation for
automobile insurance in Ontario.
Owner’s Automobile Policy means a motor vehicle liability policy insuring a person in respect
of the ownership, use or operation of an automobile owned by that person.
OWNER’S AUTOMOBILE POLICY & USING PERSONAL VEHICLES FOR CITY BUSINESS
The Insurance Act of Ontario mandates that the registered owner of the motor vehicle bear the
primary responsibility for liability arising from the ownership, use or operation of their vehicle. This
law does not change if a City Employee is driving their own vehicle on behalf of and for the City.
Page 569 of 947
2
Whenever the motor vehicle is driven, regardless of who is driving the vehicle, or for what purpose
the vehicle is being used, the owner of the vehicle bears the primary responsibility for liability.
It is the Owner’s Automobile Policy that will be the primary responding policy in the event of an
accident.
RESPONSIBILITIES FOR CITY EMPLOYEES
1. City Employees who use a personal motor vehicle to conduct business on behalf of the
City must secure their own motor vehicle insurance and the City will not reimburse City
Employees for insurance policy premiums.
2. City Employees must possess a valid Driver’s Licence issued by the Province of Ontario
of the class required to operate a motor vehicle. Proof of licence shall be supplied by the
City Employee upon request by the City where a Driver’s Licence is required by the City.
3. City Employees who lose their Driver’s Licence shall not be permitted to operate a motor
vehicle.
4. City Employees shall be required to advise the City of a loss of their Driver’s Licence or
any changes in the status of their licence including restrictions, class of licence, medical
limitations, or any other change that may restrict or limit an employee’s ability to lawfully
and safely operate motor vehicles. Failure of an employee to notify the City of such change
will result in disciplinary action up to and including termination of employment.
5. The use of personally owned motor vehicles must be specifically approved by the
supervisor/manager or Director to approve the City Employee’s travel expense to qualify
for the mileage rate.
6. The City’s insurer recommends and encourages City Employees who use their own
personal motor vehicles to conduct business on behalf of the City to report this use to their
own insurance broker/company. Any change in the use of the vehicle must be reported as
it can affect the City Employee’s exposure to loss. Failing to do so could seriously impact
claims resolution.
7. The City’s insurer recommends motor vehicle liability insurance coverage in amount of
two (2) million dollars coverage with a minimum of one (1) million dollars.
8. The City Employee will provide evidence that the employee carries motor vehicle liability
insurance (bodily injury and property damage) in the form of a letter from their insurance
broker/company confirming insurance is in effect and the policy recognizes the employee’s
work related use.
9. When on City business reimbursement for parking fees is authorized when approved by
the City Employee’s supervisor or manager and receipts are submitted. Parking lots where
receipts can be issued are recommended.
10. The reimbursement rate per kilometer is updated annually in accordance with Canada
Revenue Agency (CRA) automobile allowance rates.
Page 570 of 947
3
CITY’S RESPONSIBILITIES
1. Under no circumstances will the City provide coverage to pay for damage to the City
Employee’s personal motor vehicle. All mechanical, body damage, glass, and tire repairs
including any physical damage on a City Employee’s personal motor vehicle are always
the responsibility of the City Employee and under no circumstances will the City pay for or
reimburse the City Employee for these expenses.
2. The City can require or request proof of insurance that covers business/volunteer use on
an annual basis from the City Employee.
CITY’S NON-OWNED AUTOMOBILE INSURANCE POLICY
Whenever a motor vehicle is used, regardless of who is driving the vehicle, or for what purpose
the vehicle is being used, the owner of the vehicle bears the primary responsibility for liability. It
is the Owners’ Automobile Policy insuring the vehicle that will be the primary responding policy in
the event of an accident.
Non-owned automobile liability insurance provides protection to the City Employee against liability
imposed by law for loss or damage arising out of the use of or operation of any automobile not
owned in whole or in part or licensed in the name of the City.
The City’s non-owned automobile liability policy is designed primarily to pay claims in excess of
the insurance carried on a motor vehicle not owned by the municipality while being used or
operated on the City’s behalf. In all cases, law stipulates that the vehicle owner’s insurance is
primary to a non-owned liability insurance policy.
The City’s non-owned automobile liability policy only applies if the City is named in the lawsuit. If
found negligent, the policy will indemnify the City. If the City is not named in the lawsuit, coverage
is not triggered.
RESPONDING TO CLAIMS
In the event of a claim, the City Employee’s policy would respond first and the City’s non-owned
automobile policy would respond only if the City was named in the lawsuit and found to be
negligent.
Submitted By: Tiffany Clark, Director of Finance
Recommended By: Ken Todd, Chief Administrative Officer
Approved By Council On:
Report #: F-2021-07
Page 571 of 947
F-2021-08
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2021-08
Video Security Policy
RECOMMENDATION
That Council adopt Policy 700.30 Video Security Policy included as Attachment 1.
EXECUTIVE SUMMARY
The City of Niagara Falls has a responsibility to balance an individual’s right to privacy
and the need to ensure the safety and security of municipal employees, clients, visitors
and property. In respecting this balance, the City is committed to ensuring and enhancing
the safety and security of the public, its employees and property by integrating security
best practices with the responsible use of technology.
BACKGROUND
Video Security Systems are used to enhance the protection, safety and security of
employees, the public and corporate assets, to prevent unauthorized activities on or
involving City property, to reduce, deter and investigate incidents of vandalism or criminal
activity, and to protect property and assets.
The purpose of a Video Security System is to collect, use, disclose and dispose of
recorded information collected through personal information collected by video security
including video images captured as part of the video recording process. Any personal
information of persons captured on video surveillance is maintained as private,
confidential and secure.
The collection of Personal Information through video surveillance is authorized under
section 28(2) of the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O. 1990, Chapter M. 56 and under section 38(2) of Freedom of Information and
Protection of Privacy Act. Personal Information may be collected without consent when
it is:
Page 572 of 947
2
F-2021-08
January 19, 2021
1. Expressly authorized by statute or by-law;
2. Used for purposes of law enforcement, or
3. Necessary to the proper administration of a lawfully authorized activity.
The City’s collection and storage of, and access to, information recorded from video
security shall conform to published guidelines and specific direction as provided by the
Information and Privacy Commission of Ontario.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
At this time there are no financial/staffing or legal implications to adopt this policy. This
policy applies to all City of Niagara Falls employees including volunteers, contractors and
service providers at all City properties and facilities including motor vehicles or equipment
where video security systems are located.
LIST OF ATTACHMENTS
1. 700.30 Video Security Policy
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
J. McQuay
Page 573 of 947
POLICY
Financial Services
Policy #: 700.30
Issue Date: January 19, 2021
VIDEO SECURITY POLICY
1. POLICY STATEMENT
The Corporation of the City of Niagara Falls recognizes the need to balance an individual’s right
to privacy and the need to ensure the safety and security of municipal employees, clients, visitors
and property. In respecting this balance, the City is committed to ensuring and enhancing the
safety and security of the public, its employees and property by integrating security best practices
with the responsible use of technology. The City will ensure personal information of persons
captured on video surveillance is maintained as private, confidential and secure, except as legally
exempted or in situations outlined in this policy.
2. PURPOSE
The objectives of Video Security Systems are to enhance the protection, safety and security of
employees, the public and corporate assets, to prevent unauthorized activities on or involving City
property and reduce, deter and investigate incidents of vandalism or criminal activity, and protect
property and assets. This policy is intended to govern video surveillance at all City properties,
facilities and motor vehicles or equipment in accordance with the privacy provisions set out in the
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). This policy applies to
the collection, use, disclosure and disposal of Personal Information collected through the
recording of surveillance video by the Video Security System including video images captured as
part of the video recording process. This policy is intended to apply to access and security
considerations in the day to day administration of the City’s video recordings, rather than access
to video Records in response to requests under MFIPPA.
3. SCOPE
The City of Niagara Falls is responsible for the Video Security Systems and maintaining custody
and control of video Records at all times.
This policy applies to all City of Niagara Falls employees, including the Mayor, City Councilors, a
member who sits on any City board or committee, full-time employees, part-time employees,
casual employees, contract employees, volunteers and co-op placement employees.
Contractors and Service Providers are afforded the same rights and expectations as City
Employees in this policy, while performing authorized activities for the City.
This policy applies to all Video Security Systems located at all City properties and facilities and in
any City motor vehicles or equipment.
Page 574 of 947
2
4. DEFINITIONS
City means The Corporation of the City of Niagara Falls.
City Employees includes the Mayor, City Councilors, a member who sits on any City board or
committee, full-time employees, part-time employees, casual employees, contract employees,
volunteers and co-op placement employees.
Clerk means the person appointed by the City as the City Clerk of The Corporation of the City of
Niagara Falls in accordance with section 228(1) of the Municipal Act, 2001.
Consistent Purpose means personal information collected by the City is used for the purpose
for which it was collected or similar consistent purposes when carrying out City business. The
individual to whom the information relates might reasonably expect the use/disclosure of their
personal information for those consistent purposes.
Control (of a Record) means the power or authority to make a decision about the use or
disclosure of a record.
Custody (of a Record) means the keeping, care, watch, preservation or security of a record for
a legitimate business purpose. While physical possession of a record may not always constitute
custody, it is the best evidence of custody.
Destruction is the physical or electronic disposal of records or data by means of shredding,
recycling, deletion or overwriting. This also includes the destruction of records or data residing on
computers and electronic devices supplied or paid for by the City.
Digital Video Recording Equipment means any type of video recording and reception
equipment used as part of the video security system.
Freedom of Information Process means a formal request for access to records made under the
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
Head refers to the City Clerk.
Information and Privacy Commissioner (IPC) means the Information and Privacy
Commissioner of Ontario (commonly referred to as the IPC). The IPC hears appeals of decisions
made by Heads of institutions, issues binding orders, conducts privacy investigations, and has
certain powers relating to the protection of personal privacy as set out in the Municipal Freedom
of Information and Protection of Privacy Act (MFIPPA).
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) means legislation
that governs access to and the privacy of municipal records.
Personal Information means recorded information about an identifiable individual including:
a) Information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual
orientation, or marital or family status of the individual;
b) Information relating to the education or the medical, psychiatric, psychological, criminal or
employment history of the individual or information relating to the financial transactions in
which the individual has been involved;
Page 575 of 947
3
c) Any identifying number, symbol, or other particular assigned to the individual;
d) The address, telephone number, fingerprints or blood type of the individual;
e) The personal opinions or views of the individual except if they relate to another individual;
f) Correspondence sent to an institution by the individual that is implicitly or explicitly of a
private or confidential nature, and replies to that correspondence that would reveal the
contents of the original correspondence;
g) The views or opinions of another individual about the individual, and
h) The individual’s name if it appears with other personal information relating to the individual
or where the disclosure of the name would reveal other personal information about the
individual.
Privacy Breach means an incident involving unauthorized collection, retention, use or disclosure
of personal information, including it being stolen, lost or accessed by unauthorized persons.
Record means any unit of information however recorded, whether in printed form, on film, by
electronic means, or otherwise, and includes correspondence, memoranda, plans, maps,
drawings, graphic works, photographs, film, microfilm, sound recordings, videotapes, machine
readable records, an e-mail, and any other documentary material regardless of physical form or
characteristics, made or received in the course of the conduct of City business.
Retention Period is the period of time during which a specific records series must be kept before
records in that records series may be disposed of.
Service Provider means a video service provider, consultant or other contractor engaged by the
City in respect of the video security system.
Video Security System means a video, physical or other mechanical, electronic, digital or
wireless surveillance system or device that enables continuous or periodic video recording,
observing or monitoring of individuals in public spaces or within City operated facilities, properties,
motor vehicles and equipment.
5. AUTHORITY
The Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M. 56
sets out the rules for the collection, use and disclosure of Personal Information by institutions.
Personal Information collected through the recording of surveillance video is collected under the
authority of the Municipal Act, 2001, SO 2001, c. 25 and the Occupiers’ Liability Act, RSO 1990,
c. O2.
As detailed in section 38(2) of Freedom of Information and Protection of Privacy Act (FIPPA) and
section 28(2) of Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
Personal Information may be collected without consent when it is:
1. Expressly authorized by statute or by-law;
2. Used for purposes of law enforcement, or
3. Necessary to the proper administration of a lawfully authorized activity.
This policy has been drafted to conform with the practices outlined by the Information and Privacy
Commission of Ontario (IPC) in a document entitled “Video Surveillance: The Privacy
Implications” available at https://www.ipc.on.ca/wp-
content/uploads/Resources/2015_Guidelines_Surveillance.pdf.
Page 576 of 947
4
The IPC has indicated that after careful consideration, an institution may decide to use video
surveillance for purposes in accordance with MFIPPA. Section 2 of MFIPPA defines “videotapes”
as a “record” and the definition of “personal information” means recorded information about an
identifiable individual.
6. COMPLIANCE
The City’s collection and storage of, and access to, information recorded from video security shall
conform to published guidelines and specific direction as may be provided by the ICP from time
to time.
7. PROVIDING NOTICE
In order to provide notice to individuals that video is in use, the City shall post signs, visible to
members of the public, at all entrances and/or prominently displayed on the perimeter of the
grounds under video surveillance. See Appendix 2 for an example of a sign posted at a City facility
providing notice that video is in use.
All attempts are made to ensure proper signage is posted at all facilities using a Video Security
System. The notification requirements of this sign must inform individuals, using words and
symbols, of the legal authority for the collection of Personal Information; the principal purpose(s)
for which the Personal Information is intended to be used; and the title, business address, and
telephone number of someone who can answer questions about the collection.
This information will also be available on the City website.
8. RESPONSIBILITIES
8.1 Chief Administrative Officer
The Chief Administrative Officer (CAO) will provide oversight to ensure City Employees comply
with this policy.
8.2 City Clerk
The City Clerk is City’s Head under the Municipal Freedom of Information and Protection of
Privacy Act (“MFIPPA”). The senior staff member responsible for the video security policy is the
City Clerk or his or her assignees.
The key duties of the City Clerk, include:
Respond to requests for disclosure under the freedom of information legislation;
Ensure a public notice for video security is placed at all City facilities that have a Video
Security System;
Respond to requests from the public and City Employees about the collection, use and
disclosure of Personal Information captured by a Video Security System;
Act as primary contact for all requests by law enforcement agencies for access to video
Records made under MFIPPA;
Respond to appeals and privacy complaints received through IPC;
Educate City Employees and visitors on the collection, use, and disclosure of Personal
Information captured through the Video Security System;
Page 577 of 947
5
Work with department Manager(s) and City Employee(s) in the event of an improper
disclosure of Personal Information;
Notify the IPC in the event of a Privacy Breach, where appropriate;
Conduct internal audits of the system, as required, to ensure compliance with this policy
and MFIPPA.
8.3 Manager of IT Infrastructure
The key duties of the Manager of IT Infrastructure include:
Approving installation of Video Security Systems at specified municipally owned and
leased properties;
Advising on placement of video security monitoring signs;
Overseeing day-to-day operations of Video Security Systems;
Ensuring monitoring and recording devices are stored in a safe and secure location;
Ensuring that no copies of data/images in any format (hardcopy, electronic, etc.) is taken
from the Video Security System inappropriately;
Immediately reporting any alleged Privacy Breach to the Chief Administrative Officer and
City Clerk for immediate action;
Working with the Chief Administrative Officer and City Clerk to investigate video
surveillance security Privacy Breaches;
Ensuring that they and their assignees receive appropriate training.
8.4 Video Security Committee
The video security committee will comprise of the Manager of IT Infrastructure, a representative
from Human Resources and a representative from Risk Management.
The key duties of the video security committee will include:
Ensuring policy compliance;
Undertaking yearly evaluations of Video Security System installations to ensure
compliance with this policy;
Complying and ensuring that City Employees comply with all aspects of this video security
policy;
In consultation with Human Resources, provide training to City Employees on a regular
basis regarding obligations and compliance with MFIPPA and this video security policy;
Providing status updates to Council, annually, regarding staff adherences to the
responsibilities within the policy;
Reporting to Council when video security is being proposed in new locations.
8.5 Managers and Supervisors
Managers and Supervisors will:
Ensure the appropriate use of the Video Security System at their facility(ies) is in
compliance with this policy;
Delegate and assign responsibility regarding who will act on their behalf in following
procedures relating to this policy in their absence;
Provide job-specific training;
Page 578 of 947
6
Refer any MFIPPA requests for copies of surveillance video to the City Clerk or delegated
City Employees;
Refer any requests for surveillance video made by a law enforcement officer that is not a
MFIPPA request to the Facility Manager or their designate;
Investigate and report any Privacy Breach to the City Clerk or delegated City Employee(s);
Ensure that City Employees are monitoring compliance with the Retention Period as set
out in this video security policy.
8.6 City Employees
City Employees will:
Report to their Manager or Supervisor any suspected Privacy Breach;
Report to their Manager or Supervisor any problems with the Video Security System;
Review and comply with this policy and MFIPPA in performing their duties and functions
relating to the Video Security System.
City Employees may be subject to criminal charges, civil liability and/or discipline, including but
not limited to termination, for any intentional breach of this policy, or provisions of MFIPPA or
other relevant statutes.
All City Employees must adhere to the video security policy and must not access or use
information contained in the Video Security System, its components, files, or database for
personal reasons, nor dispose, destroy, erase or alter any Record without proper authorization
and without following the regulations contained in this video security policy.
9. GUIDELINES FOR THE INSTALLATION OF A VIDEO SECURITY SYSTEM
9.1 Before deciding to install video security, the following must be considered:
The use of video security cameras should be justified on the basis of verifiable, specific
reports of incidents of crime or significant safety concerns.
A Video Security System should only be considered after other measures of deterrence
or detection have been considered and rejected as unworkable.
An assessment must be conducted on the effects that the proposed Video Security
System may have on personal privacy, and the ways in which any adverse effects can be
mitigated.
The proposed design and operation of the Video Security Systems should minimize
privacy intrusion.
Whether or not additional sensory information, such as sound, is directly related to
potential problems or does not need to be recorded.
9.2 When deciding on a Video Security System and installing equipment, the following
must be considered:
The Video Security Systems may operate at any time in a 24 hour period.
The video equipment should be installed to only monitor those spaces that have been
identified as requiring video surveillance.
The ability to adjust cameras should be restricted, if possible, so that the cameras do not
record and City Employee(s) cannot adjust or manipulate cameras to overlook spaces that
Page 579 of 947
7
are not intended to be covered by the video security program, such as through windows
in adjacent buildings or onto adjacent properties.
Equipment should never monitor the inside of areas where the public and City Employees
have a higher expectation of privacy (e.g. change rooms and washrooms).
Where possible, video security should be restricting to periods when there is a
demonstrably higher likelihood of crime being committed and detected in the area under
surveillance.
Viewing and recording equipment must be located in a confidential controlled access area.
Only identified and trained staff shall have access to the controlled access area and the
reception/recording equipment.
Every reasonable attempt should be made to ensure video monitors are not in a position
that enables the public and/or unauthorized staff to view the monitors.
10. PERSONNEL AUTHORIZED TO OPERATE VIDEO SECURITY SYSTEM
The Manager of IT Infrastructure, and staff designated by the Manager, shall be permitted to
operate Video Security Systems as well as other City Employee(s) authorized by a Director or
Manager or their designate.
11. TYPES OF RECORDING DEVICES
The City may use Digital Video Recording Equipment in its Video Security Systems. Facilities and
vehicles using video recorders will retain those Records for a period of up to thirty (30) days,
depending on the recording device and technology. A Record of an incident will only be stored
longer than thirty (30) days where it may be required as part of a criminal, safety, or security
investigation or for evidentiary purposes.
Monitors will be kept in a secure location where they are not visible to the public.
12. CAMERA PLACEMENT
Where possible, all cameras that are adjustable or moveable are restricted to prohibit the viewing
of locations not intended to be monitored. Cameras are prevented from looking through a window
of an adjacent building or areas where a higher level of privacy is expected, such as within a
washroom or change room.
Only the Manager of IT Infrastructure in coordination with a Director or Manager responsible for
a City facility may install, change or authorize a Service Provider or City Employee to install or
change a camera’s permanent setting.
13. USE OF VIDEO RECORDINGS
The information collected through Video Security Systems is used only for the purposes of:
Enhancing the safety and security of City Employees, the public and corporate assets;
Preventing unauthorized activities upon or involving City property;
Assisting in investigating unlawful activity;
Assessing the effectiveness of safety and security measures;
Investigating an incident involving the safety or security of people, facilities or assets;
Providing evidence as required to protect the City’s legal rights;
Investigating an incident or allegation of serious City Employee misconduct;
Page 580 of 947
8
Managing corporate risk;
Investigating an incident involving a potential or active insurable claim, or
A Consistent Purpose.
Any time an incident report is completed, applicable video recordings will be pulled and retained
as needed.
When a City Employee is involved in an incident for which a video recording is being pulled, that
video recording must be reviewed and pulled by another City Employee or Manager.
14. RECORD IDENTIFICATION
All Records (storage devices) shall be clearly identified (labelled) as to the date and location of
origin. They shall be labelled with a unique, sequential number or other verifiable symbol. In
facilities and vehicles with a Digital Video Recording Equipment that stores information directly
on a hard drive, the computer time and date stamp shall be understood to be this identification.
In facilities and vehicles with a recording mechanism using a removable/portable storage device,
the City Employee shall affix a label to each storage device identifying this information.
15. ACCESS TO RECORDS
Access to video security Records, e.g. remote access using the internet, CD, USB devices, etc.
shall be restricted to authorized personnel only in order to comply with their roles and
responsibilities as outlined in this video security policy.
Any staff accessing Records mutually agree to an undertaking of confidentiality.
16. STORAGE
All storage devices that are not in use must be stored securely in a locked secure receptacle
located in a confidential controlled access area.
17. REQUESTS FOR DISCLOSURE
The City of Niagara Falls does not disclose a video Record to any individual or organization except
as permitted through MFIPPA.
1. Public requests for disclosure – Any person may make a written request for access to
video Records created through a Video Security System through the Freedom of
Information Process. A person requesting the Record must:
a. Provide sufficient detail (the approximate time and date, the location (if known) of
the incident, etc.) to enable an experienced City Employee, upon a reasonable
effort, to identify the Record, and
b. At the time of making the freedom of information request, pay the prescribed fees
as provided for under the MFIPPA.
Access may depend on whether there is an unjustified invasion of another individual’s
privacy and whether any exempt information can be reasonably severed from the Record.
Page 581 of 947
9
2. Internal requests for disclosure – City Employees or consultants may request a copy of a
video recording if it is necessary for the performance of their duties in the discharge of the
institution’s functions.
3. Law enforcement requests – If access to a video security Record is required for the
purpose of a law enforcement investigation, the requesting law enforcement officer must
complete the Request for Information Related to a Law Enforcement Investigation (See
Appendix 1) to be reviewed and approved by the Facility Manager or their designate.
While there may be other situations where the disclosure of video security footage is
permitted, video footage may be disclosed to a law enforcement agency when:
a. The law enforcement agency approaches the City with a warrant requiring the
disclosure of the footage, as per section 42(1)(e) of FIPPA and section 32(e) of
MFIPPA;
b. The law enforcement agency approaches the City, without a warrant, and requests
the disclosure of footage to aid an investigation from which a proceeding is likely
to result, as per section 42(1)(g) of FIPPA and section 32(g) of MFIPPA, or
c. Staff observe an illegal activity on City property and disclose the footage to a law
enforcement agency to aid an investigation from which a proceeding is likely to
result, as per section 42(1)(g) of FIPPA and section 32(g) of MFIPPA.
18. UNAUTHORIZED ACCESS AND/OR DISCLOSURE (PRIVACY BREACH)
A City Employee or Service Provider who becomes aware of any unauthorized disclosure of a
video Record in contravention of this policy and/or a potential Privacy Breach are to immediately
inform the appropriate department manager, as well as, the City Clerk or delegated City
Employee(s). After this unauthorized disclosure or potential Privacy Breach is reported:
a. Upon confirmation of the existence of a Privacy Breach, the City Clerk shall notify the IPC
and work constructively with the IPC staff to mitigate the extent of the Privacy Breach and
to review the adequacy of privacy protection with the existing policy.
b. The City Clerk shall inform the CAO of events that have led up to the Privacy Breach.
c. The staff member shall work with the City Clerk to take all reasonable actions to recover
the Record and limit the Record’s disclosure.
d. The City Clerk will notify affected parties whose Personal Information was inappropriately
disclosed.
e. The City Clerk shall investigate the cause of the disclosure with the goal of eliminating
potential future occurrences.
Intentional wrongful disclosure or disclosure caused by negligence by City Employees may result
in disciplinary action up to and including dismissal. Intentional wrongful disclosure or disclosure
caused by negligence by Service Providers (contractors) may result in termination of their
contract.
19. LIVE VIEWING
Live viewing is used when there is a demonstrably higher likelihood of safety and security
concerns of City Employees, the public or corporate assets, or the commission of unauthorized
activity in the area under surveillance. The Facility Manager and staff designated by the Manager
are permitted to have access to live feed monitors within their facility(ies).
Page 582 of 947
10
20. RETENTION AND DESTRUCTION
Video Recordings that have not been requested by the public, City Employees or law enforcement
agencies within the Retention Period are considered transitory and is automatically erased by
being overwritten in accordance with the Retention Period set out in this policy.
Certain City facilities and City vehicles using Digital Video Recording Equipment to store
information until the storage capacity of the hard drive/video tape has been reached at which time
the image is overwritten. All new installed or upgraded Digital Video Recording Equipment in City
facilities or in City vehicles are programmed with a Retention Period of thirty (30) calendar days,
depending on the recording device and technology, after which time it is overwritten.
If a video Record is proactively pulled in anticipation of a request, video may be stored for up thirty
(30) calendar days on either a hard drive, CD, or USB device and access to the video Record
shall be restricted to authorized personnel only. If no request is received within the thirty (30) days
then it is manually deleted.
Digital Video Recording Equipment may only be destroyed when replaced by a new piece of
equipment or when it is not repairable. It may only be destroyed by an authorized service person
and it is destroyed in a manner that ensures that it can no longer be used by any person and that
the information recorded cannot be reconstructed or retrieved by any person.
21. MONITORING AND EVALUATION
The video security committee will monitor compliance, engagement and awareness of this policy
with:
Undertaking yearly evaluations of Video Security System installations;
In consultation with Human Resources, provide training to City Employees on a regular
basis regarding obligations and compliance with MFIPPA and this video security policy,
and
Providing status updates to Council annually regarding staff adherences to the
responsibilities within this policy.
This policy is reviewed every two (2) years to ensure its effectiveness and compliance with
legislation and current business processes or as required based on legislative changes.
22. REFERENCE MATERIAL
Municipal Freedom of Information and Protection of Privacy Act
https://www.ontario.ca/laws/statute/90m56
Freedom of Information and Protection of Privacy Act
https://www.ontario.ca/laws/statute/90f31
https://www.ipc.on.ca/
Submitted By: Tiffany Clark, Director of Finance
Recommended By: Ken Todd, Chief Administrative Officer
Approved By Council On:
Report #: F-2021-08
Page 583 of 947
APPENDIX 1
REQUEST FOR INFORMATION RELATED TO A LAW
ENFORCEMENT INVESTIGATION
CONFIDENTIAL WHEN COMPLETED
--- This section to be completed by the requester or staff member receiving request ---
Name Telephone
Organization Fax Number
Title/Position E-mail Address
Badge # / Staff ID Cell Phone
Date Requested Date Required
Provide a detailed description of the requested information, and indicate the preferred format for disclosure:
Receive Copy View Original Verbal Response Email Fax
This information is required for the following:
Reason(s) for request Incident #
Law Enforcement Proceeding
Investigation
Investigation with warrant or summons
Building case for warrant or summons
Issuing of warrant or summons
Public Safety
Other (Please Describe):
By signing below, you certify that the following is true and accurate,
I am authorized to act as a representative of the above named law enforcement agency and the requested information is required to
aid an investigation with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result
Requestor
Signature
Date
--- This section to be completed by City Staff ---
Request Received
By (Name):
Date Received
Recommendation on Disclosure:
Manager/Designate
Signature
Date of Response
Page 584 of 947
Information Management Services – Access and Privacy
This form is to be completed for all personal information requests received by the City of Niagara
Falls from the Niagara Regional Police (NRP) Services and/or any group with the legislative
authority to conduct a law enforcement investigation. This does not require a formal request under
the Municipal Freedom of Information and Protection of Privacy Act (the Act).
If a formal Freedom of Information request under MFIPPA has been submitted through the
Clerk’s Office, this form does not need to be completed.
Background
The Act permits disclosure of personal or confidential information to agencies which have the
legislative powers of law enforcement. This is defined further as to mean:
a) Policing,
b) Investigations or inspections that lead or could lead to proceedings in a court or tribunal if a
penalty or sanction could be imposed in those proceedings, and
c) The conduct of proceedings referred to in clause (b)
When an individual requests personal or confidential information and/or records, always direct
them to the formal MFIPPA request process first. If they require immediate assistance for a law
enforcement matter, this form may be used.
Notes on Completing this Form
Completion of this form by the requestor is necessary for all personal information requests
that occur between the City of Niagara Falls, police and other law enforcement agencies.
A separate form must be completed for each request.
Forward the completed request form to the Director or his/her designate.
Notify the Clerk’s Office / Legal Department that a law enforcement information request
has been submitted
Nothing may be disclosed without the express direction to do so from the Director or
his/her designate.
If Information is being released:
Contact the requestor and arrange to either send photocopies of information, have them
view original records at (insert name of facility & location i.e. MacBain Community
Centre, 7150 Montrose Road, Niagara Falls), or provide information in person.
Forward a copy of the completed original form to the Legal Department.
Follow divisional procedures for retention of the original form. Do not provide the
individual whose information has been requested with subsequent access to the form,
as release may affect the investigation currently underway.
If Information is not being released:
The designated person will contact the requestor and explain reasons for non-disclosure.
Forward a copy of the completed original form to the Legal Department.
Follow divisional procedures for retention of the original form. Do not provide the
individual whose information has been requested with subsequent access to the form,
as release may affect the investigation underway.
For further information on this process, or if you have any questions regarding the Act and
City of Niagara Falls’s obligations, please contact the (insert name of facility) office at ext(s).
(insert extension number).
Page 585 of 947
APPENDIX 2
Page 586 of 947
F-2021-10
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2021-10
2021 Tax Supported Operating Budget Variance Analysis
RECOMMENDATION
Preliminary draft for discussion purposes only.
EXECUTIVE SUMMARY
As this is a very preliminary first draft of the budget with little to no COVID mitigation
factors included at the moment (i.e. use of reserves), this information is simply
presented today to facilitate discussion and for staff to receive Council feedback and
direction on next steps they wish staff to take, areas to investigate, etc. Council is not
being asked for any approvals, nor is this draft to be misinterpreted as the budget staff
will be presenting for final approval at the February 9, 2021 Council meeting.
The purpose of this report is to explain some of the larger variances contained in the
2021 draft tax supported operating budget as compared to the 2020 approved tax
supported operating budget.
The detailed 2021 draft budget document containing line by line budget information will
be will be uploaded to Council’s iPads by the end of this week. Staff have scheduled an
information session for Monday, February 1, 2021 whereby Councillors that wish to can
attend (electronically) and Staff will be available to answer any questions Councillors
may have regarding the detailed operating budget.
Contained in the 2021 draft tax supported operating budget that will be located in the
document repository on your iPad are summary sheets indicating the total revenue,
expenses and (surplus)/deficit for numerous divisions and responsibility centres
contained in the City of Niagara Falls budget. These summary sheets have also been
attached to this report. Within each summary sheet, if there is a note number notation to
the right of the increase/decrease column, there is a corresponding explanation to that
note number located in the analysis section of this report. Please refer to this report in
conjunction with the attachments.
Page 587 of 947
2
F-2020-09
February 11, 2020
ANALYSIS/RATIONALE
The following list is a culmination of all of the major changes to all departments/divisions
of the City including major expenditures requested by departments as well as
anticipated COVID impacts.
Attachment 1 – City Council, Committees, Board and Grants Summaries
City Council
1. Reallocated $12,000 of expenses from materials to office supplies and
contracted services ($6,000 each). Also removed $10,000 budget from 2020 in
contracted services for the Sargent in Arms as he is paid out of Clerks labour
budget.
Committees
2. Added a budget of $5,000 each for the two new committees Council created in
2020, Diversity & Inclusion Committee and Anti-Racism Committee.
Boards
3. The Niagara Falls Public Library Board is requesting an increase in funding from
the City of Niagara Falls of $116,672 or 2.5% from $4,783,553 to $4,666,881.
Grants
4. YWCA is requesting an increase of $5,133 or 10% from $51,333 to $56,466.
Attachment 2 – Administrative Services Summaries
Clerk’s Services
5. A reduction of $80,000 in revenue has been included as estimated COVID
impacts in licences and user fees. User fees consists mainly of marriage
ceremony fees.
Financial Services
6. Growth represents an approximate 1.31% increase in general taxation revenue
or an additional $923,000.
7. Waste management revenue has increased $337,460 on the revenue side to
offset the same increase in contracted services. This items is decided by the
Page 588 of 947
3
F-2020-09
February 11, 2020
Region of Niagara. There is no impact to the bottom line of City of Niagara Falls
budget as the Region’s amount is levied on the taxpayer.
8. OMPF funding decreased by $83,200 or 15% as it has been annually for a
number of years now. Added $466,000 of 2021 COVID funding allocated to the
City by the Province for use in 2021.
9. Reduced estimate for OLG funding by $14,375,000 or 62.5% from $23,000,000
to $8,625,000. 2020 actuals were $3.9M with the Casino only being open
January 1 to March 17, 2020 due to COVID-19. The estimate of $8,625,000 was
derived by assuming $0 for Q1, and a 50% reduction in Q2-Q4 (i.e. $23,000,000
* 75% / 50%)
10. Investment revenue decreased by $1,200,000 due to the banks severely cutting
interest rates since COVID-19 began in March 2020. The City’s interest rate was
reduced from 2.3% to 0.8%
11. Other revenue largely consisted of $4M in 2020 for Municipal Accommodation
Tax (MAT) (of which 95% is budgeted in external transfers on the expense side
to give to the Hotel Association) and $750,000 for the Walker Agreement which
represents the annual cheque the City receives for tonnage. In 2020 the MAT
other revenue line item was reduced by $1,510,000 from $4,000,000 estimate to
$2,490,000 in line with the reduction in tourism due to COVID-19. External
transfers on the expense side was also reduced to reflect 95% of the new
estimate.
12. Reduction of $300,000 in penalty and interest revenue due to Council’s decision
at the December 8, 2020 Council meeting to reduce the penalty and interest rate
on property taxes in 2021 from 1.25%/month to 0.50%/month (60% reduction) for
Q1.
13. New in 2021 utility budget staff included transfers of indirect costs totaling
$203,340 ($101,670 each water and wastewater) resulting in additional revenue
for the tax supported operating budget of $203,340.
14. The $200,000 increase in transfer to capital is a reallocation from the Information
Services budget. IS had historically budgeted for new computers, laptops,
iPhones, and other equipment in the operating budget however these are truly
capital expenses and as such the request for approval for this equipment and the
funding has been moved to the capital budget. This is one of the capital budget
items Council has yet to approve from the November 17, 2020 Council meeting
when capital was first presented to Council.
15. Similar to the Casino revenue reduction of $14,375,000 mentioned in #9 above,
the transfer to reserve funds of OLG funding has been reduced by the same
Page 589 of 947
4
F-2020-09
February 11, 2020
amount thus leaving the same $5,895,000 subsidy to the tax supported operating
budget as in prior years as follows:
o $3,000,000 Amount of OLG revenue the City historically received prior
to the change in the funding agreement in 2013 that was
historically used to subsidize the tax levy.
o $2,895,000 Added in 2014 to subsidize the tax levy to offset Casino
assessment appeal
In addition to the $5,895,000 subsidy left in the tax supported operating budget
($8,625,000 OLG funding - $2,730,000 transfer to reserve fund) the remaining
$2,730,000 transfer to reserve fund consists of the following:
o $1,575,000 To cover the Casino Unit Policing costs (appears in “220000
Policing”). This has been reduced by the same formula as
the estimated OLG funding ($0 for Q1 and 50% for Q2-Q4),
thus keeping the same principle of paying approximately
18% of the OLG funds to the Casino Policing Unit.
($4,200,000 * 75% * 50%)
o $770,773 To cover year 3 of 4 of the City’s portion of the Niagara Falls
Ryerson Innovation Hub FedDev Funding Agreement.
o $384,227 For future capital spending (previously $12,905,000).
16. Labour includes a request to turn a contract Senior Financial Analyst into a Full
Time position, previously filling the gap of the vacant Manager of Capital
Accounting Position, now hired.
Staff wish to draw to Council’s attention although there was a large number of
variances on both the expense and revenue side in the Financial Services
Summary, they are largely offset resulting in a small decrease to surplus of
$340,902 or 0.41%. This is largely due to the increased revenue from growth
($923,000) and Provincial COVID-19 funding ($466,000) offsetting the reduction
of revenue in bank interest ($1,200,000) and taxation penalty and interest
($300,000).
Human Resources
17. As Council is aware in 2021 the City is required to hire 8 probationary firefighters
to staff Station 7 with an estimated cost of $700,000 to be budgeted. To mitigate
the 2021 impact staff and Council included $350,000 in the 2020 budget to phase
in the expenditure which (unbeknownst to Council and Staff at the time) ended
Page 590 of 947
5
F-2020-09
February 11, 2020
up resulting as a buffer to offset some of the COVID-19 impacts in the 2020
actuals. This budget amount of $350,000 from 2020 has been reallocated from
HR to the Fire area hence the decrease in HR labour.
Information Systems
18. As per #14 above $200,000 of expense were moved to the capital budget from
the IS operating budget as they were capital in nature. Some other line items
such as annual software costs have increased as well.
Legal Services
19. Increased the budget in contracted services to better reflect the amount of money
anticipated to be spent on outside legal Council. The reductions in the materials
and labour section of legal offset this increase in contracted services and actually
result in an overall decrease to the legal budget of $49,000.
Attachment 3 – Fire Services Summaries
Fire Services
20. Labour and benefit budget increase represents $350,000 reallocated from HR
2020 labour budgeted earmarked for 4 probationary fire fighters (as indicated in
#17 above) as well as an additional 4 probationary fire fighters budgeted at
approximately $350,000 and general wage increases per the fire contract.
21. Utilities increased to reflect Station 7 opening in May 2021.
Police Services
22. See #15 above.
Attachment 4 – Municipal Works Services Summaries
Roadway Services
23. Patching has been increased by $100,000 to reflect increased maintenance
required due to the reduced 2021 capital budget.
Winter Control Services
24. New ask for contracted sweepers of $257,000. Previously the City rented
sweepers but will be looking to contract the service moving forward due to the
increased difficulty in renting units.
Page 591 of 947
6
F-2020-09
February 11, 2020
25. Removed 2020 line item of $75,000 for sweeper rentals however increased
loader rentals by $58,000 from $98,000 to $156,000.
Engineering Services
26. Development other revenue has increased by $360,820 from $801,100 to
$1,161,920 to reflect projected subdivisions to be registered in 2021.
Increase in contracted services also relates to the increase in projected
subdivisions to be registered in 2021.
27. Beginning in 2019, the City began transferring the salaries of those staff who
work on capital projects to the capital fund to be funded from capital and
allocated to the projects each staff are working on. This better reflects the true
cost of the capital projects.
Fleet Services
28. The City transfers the full surplus in fleet, generated from the “Internal Rent”
rental rates charged to each department, to a fleet replacement special purpose
reserve in an effort to address the aging fleet and backlog in fleet funding. It
would be inappropriate to allow the internal rent rates to subsidize the levy. The
revenue line of $4,988,268 is offset fully by all the expense lines in each
summary sheet labelled internal rent, netting to 0.
Storm Sewer Maintenance Services
29. 10 year debenture ended 2020. The room created from debentures ending in
2020 was used up by the $8,400,000 first draw of the Cultural Hub debenture the
City secured in Nov 2020 resulting in little to no change in overall debt charges
included in the tax supported operating budget.
Attachment 5 – Cemeteries and Parks Summaries
Cemeteries Services
30. Revenue projections increased to better reflect actual results.
Parks Services
31. User fees decreased 25% of $14,250 as estimated COVID impact.
Page 592 of 947
7
F-2020-09
February 11, 2020
Attachment 6 – Transportation Services Summaries
Transit Services
32. $819,110 represents the amount of Safe Restart Funding the City can use
towards Q1 2021 expenses. At this point in time the Province has offered the City
substantially more funding than it needs to March 31, 2021 however CUTA and
many municipalities are lobbying to be able to use this funding to December 31,
2021. As there has not been a response yet to that effect, the City cannot budget
for additional Transit funding at this time as the agreement stipulates any excess
funding not needed past March 31, 2021 will need to be returned.
33. The Region has decreased the service hours for inter-municipal transit in 2021
and thus revenue received from the Region has decreased accordingly.
34. Decreased both Diesel Sales and Goods for resale in “331500 Transit Outside
Services” to better reflect actual Go Transit fuel sales predicted for 2021.
35. User fees include estimated COVID revenue reduction impacts of $1,365,600.
Traffic Services
36. A CUPE position no longer required in Transit was repurposed from Transit to
Traffic.
Railway Maintenance
37. Increased to better reflect actuals. The City does not have any say over these
amounts nor much notice from the railway companies when work will be done
making budgeting for this area difficult.
Transportation Administration
38. With Transit moving to the Region in the next few years and Transportation
moving under Municipal Works, this budget area was reallocated to Transit
Administration and is included on the Transit Summary.
Attachment 7 – Recreation and Culture Summaries
Recreation Programs
39. Both revenues and expenses decreased due to estimated COVID impacts
resulting in an overall increase from 2020 deficit of $32,749.
Page 593 of 947
8
F-2020-09
February 11, 2020
Recreation Facilities
40. $568,000 reduction in revenues reflects estimated COVID impacts.
Museum
41. $35,900 reduction in revenues reflects estimated COVID impacts
Attachment 8 – Planning and Building Services Summaries
Planning Services
42. Proposing to use $20,000 from Special Purpose Reserves for Planning Studies
to offset $20,000 increase in contract service budget for planning studies.
Building Services
43. As Building is self sustaining with any surplus put into a special purpose reserve
and any deficit taken from the same special purpose reserve, the transfer from
special purpose reserves was increased to reflect the decreased revenue
estimates and increase in expenses resulting in no impact to the taxpayer.
44. Labour includes a new CUPE position, Sr. Plans Examiner budgeted. As Building
results in no increase to the taxpayer (per #43 above) the position was allowed to
be recommended.
45. In contracted services the budget for external consultants was increased by
$45,000 from $20,000 to $65,000 and an amount of $127,800 was added for
Direct IT onsite implementation and training which is a software program, fully
offset by the special purpose reserve funds per #43 above.
Municipal Enforcement
46. Labour includes a request for a 6 month contract for a Municipal Enforcement
Officer.
Facilities Services
47. Reduction in rents and utilities due to the City’s decision to donate the Core
Building to the Region effective in Q1.
48. Facilities labour includes a second Trades Helper that was not budgeted in 2020.
49. $44,000 added to Service Centre contracted services for cleaning contract.
Page 594 of 947
9
F-2020-09
February 11, 2020
Attachment 9 – Business Development Services Summaries
Business Development Summary
50. Provincial grant funding of $600,000 added to represent 75% of FedDev Tourism
grant to be received by the City. Contracted Services have also increased by
$600,000 to reflect the spending of this grant money. The remaining $200,000 is
anticipated to be budgeted and spent in 2022.
51. Labour includes 3 contract positions varying in length totaling $60,000 that is
offset by various grants received in the Small Business Centre.
52. $56,700 removed from the budget as Small Business Centre moved into the
Wayne Thomson Building in 2020 and the City no longer rents space for them.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Per attachment 10 – City of Niagara Falls Summary of Revenue and Expense, the City
is currently showing a budgeted deficit of $3,857,133. Staff remind Council this is a draft
and at the moment includes no potential additional mitigation factors, such as use of
reserves. It is being presented in order to facilitate discussion not as a recommendation
for approval.
Missing from this budget is also expenses the City will have to take on for the YMCA
vacating MacBain Centre effective February 1, 2021. The Y’s expenses for utilities and
cleaning when fully operational were around $1.1M, however as that portion of the
building will be vacant until the City can find a new tenant staff are working on a
reasonable estimate for utilities reflecting a vacant unused portion of the building. The
figure could still be in the $400,000-$500,000 range.
The transfer to capital in the budget is included at $4,200,000 however in a separate
report on this agenda staff have only recommended Council commit approximately
$2,200,000 of this figure while leaving the entire $4,200,000 budgeted as a safety net
should the Casino funding not come in as anticipated. If the City does not receive at
least $5,895,000 from the Casino in 2021 there are not enough available reserves to
cover this entire amount and any final deficit in the tax supported operating budget after
applying any available reserves would need to levied in 2022. It’s important to staff that
Council keep that $2,000,000 buffer in the budget to mitigate the uncertainties of 2021.
Some mitigation ideas staff have to reduce the current projected deficit of $3,857,133
include:
As a one time measure allocate $1,400,000 of Provincial Gas Tax funds from
the 2021 allotment to offset the increase in the Transit deficit. This would be
Page 595 of 947
10
F-2020-09
February 11, 2020
removed in 2022 and revenues would hopefully increase back to “normal” levels
in 2022. The hope would also be that the Province allows Municipalities to use
the Safe restart funds they have allocated to us past March 31, 2021 and thus
the City would not need to use the provincial gas tax funds which can be saved
for their normal purpose, future capital spending in 2022.
Other COVID impacts budgeted include $80,000 reduction in Clerks revenues,
and approximately $600,000 in Recreation and Culture revenue reductions as
well as various expense increases for additional vehicle rentals to maintain
social distancing and cleaning. Staff propose as a one time measure including a
transfer from the tax rate stabilization reserve of $1,000,000 (balance currently
$1,500,000) to offset various COVID impacts included in the 2021 budget.
Ideally in 202,2 revenues and expenses return to pre-covid figures and the
transfer is removed.
The City has a fairly healthy winter maintenance reserve of $950,000. Staff
propose as a one time measure to assist in smoothing the 2021 budget, to bring
in $500,000 from the winter maintenance reserve to cover some of the 2021
winter maintenance budget.
The City has a healthy HR stabilization reserve balance of $1,620,000 and could
consider bringing in $350,000 to offset the 4 probationary firefighters in 2021 as
a further attempt to smooth the impact of the 2021 budget to taxpayers. The
downside to both this recommendation and the winter maintenance reserve
recommendation above would be these are not expenses that will be removed in
2022 thus the City is simply delaying a levy increase impact to the 2022 budget
as we cannot continue to budget these transfers from reserves annually.
Summing up the items above if the City were to add $500,000 for the YMCA expenses,
and take all of the mitigation recommendations above, the deficit would be reduced to
around $1,100,000 which represents a 1.52% tax increase.
Again, Council is reminded some of these mitigation decisions would simply be pushing
a pressure out to the 2022 budget.
Staff is looking for any feedback relating to the budget, including, but not limited to
targets Council wishes to hit and any service areas Council wishes for staff to revisit.
Page 596 of 947
11
F-2020-09
February 11, 2020
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
1. City Council, Committees, Boards and Grants Summaries
2. Administrative Services Summaries
3. Fire Services Summaries
4. Municipal Works Summaries
5. Municipal Works – Cemeteries, Parks and Landscape Summaries
6. Transportation Services Summaries
7. Recreation and Culture Services Summaries
8. Planning and Building Services Summaries
9. Business Development Services Summaries
10. City of Niagara Falls Summary of Revenue and Expense
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
T. Clark
Page 597 of 947
CITY COUNCIL, COMMITTEES, BOARDS AND GRANTS
Summaries
City Council
Committees
Boards
Grants
The following responsibility centres are included in the above noted summaries:
City Council
111000 Mayor and Councillors
112000 Office of the Mayor and Council Support
Committees
113005 Recreation Committee
113010 Culture Committee
113015 Committee of Adjustment
113030 Park in the City
113050 Mayor's Youth Advisory Committee
113060 Senior Advisory Committee
113065 Diversity & Inclusion Committee
113070 Anti-Racism Committee
813000 Municipal Heritage Committee
Boards
361000 Niagara District Airport Services
740000 Library Services
821006 Niagara Falls Illumination Board
Grants
129001 OPG Community Impact Agreement
511000 One Foundation
521000 St. John's Ambulance Niagara
610001 Project Share
610002 Women's Place in South Niagara
610003 YWCA
Page 598 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
City Council Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Labour 579,079 582,151 (3,072)-0.53%
Employee Benefits Allocation 153,661 151,879 1,782 1.17%
Labour and Benefits 732,740 734,030 (1,290)-0.18%
Materials 61,710 76,270 (14,560)-19.09%
Advertising/News Release 15,000 15,000 0 0.00%
Insurance Premiums 753 778 (25)-3.21%
Conferences/Conventions 15,000 15,000 0 0.00%
Membership/Subscriptions 21,650 21,650 0 0.00%
Office Supplies 15,400 9,400 6,000 63.83%
Materials 129,513 138,098 (8,585)-6.22%
Contracted Services 6,000 10,000 (4,000)-40.00%
External Transfers 60,000 60,000 0 0.00%
TOTAL EXPENSES 928,253 942,128 (13,875)-1.47%
Surplus/(Deficit)(928,253)(942,128)13,875 -1.47%
Page 599 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Committees Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
User Fees 163,800 163,800 0 0.00%
Sales 0 1,000 (1,000)-100.00%
Other Revenue 9,600 8,600 1,000 11.63%
Miscellaneous Revenue 173,400 173,400 0 0.00%
TOTAL REVENUE 173,400 173,400 0 0.00%
EXPENSES
Labour 66,598 65,506 1,092 1.67%
Employee Benefits Allocation 19,847 19,302 545 2.82%
Labour and Benefits 86,445 84,808 1,637 1.93%
Materials 70,850 60,850 10,000 16.43%
Professional Development/Workshops 250 250 0 0.00%
Advertising/News Release 800 800 0 0.00%
Insurance Premiums 0 2,199 (2,199)-100.00%
Conferences/Conventions 1,400 1,400 0 0.00%
Materials 73,300 65,499 7,801 11.91%
Rents and Financial Expenses 10,000 10,000 0 0.00%
TOTAL EXPENSES 169,745 160,307 9,438 5.89%
Surplus/(Deficit)3,655 13,093 (9,438)-72.08%
Page 600 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Boards Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Fees for Service 4,998,530 4,878,287 120,243 2.46%
Long Term Interest 16,059 17,804 (1,745)-9.80%
Long Term Debt Principal 106,822 105,240 1,582 1.50%
Debt Charges 122,881 123,044 (163)-0.13%
TOTAL EXPENSES 5,121,411 5,001,331 120,080 2.40%
Surplus/(Deficit)(5,121,411)(5,001,331)(120,080)2.40%
Grants Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Sales 0 0 0 #DIV/0!
Transfer from Reserve Funds 75,000 75,000 0 0.00%
TOTAL REVENUE 75,000 75,000 0 0.00%
EXPENSES
Materials 75,000 75,000 0 0.00%
Goods for Resale 0 0 0 #DIV/0!
Fees for Service 407,116 401,983 5,133 1.28%
Materials 482,116 476,983 5,133 1.08%
External Transfers 50,000 50,000 0 0.00%
TOTAL EXPENSES 532,116 526,983 5,133 0.97%
Surplus/(Deficit)(457,116)(451,983)(5,133)1.14%
Page 601 of 947
ADMINISTRATIVE SERVICES
Summaries
Chief Administrator's Office
Clerks Services
Financial Services
Human Resource Services
Information Services
Legal Services
The following responsibility centres are included in the above noted summaries:
Chief Administrator's Office
120000 CAO and Support
129200 Doctor Recruitment
Clerks Services
115000 Election Services
131010 Clerks Services
190000 Other General Government Services
Financial Services
122015 Risk Management Services
123005 Debt and Investment Services
123010 Auditing Services
123015 Capital Asset Mgmt & Accounting Services
125005 Taxation
125020 Taxation Waste Management
125025 Taxation Other Levy Charges
125030 Taxation Payments in Lieu
125035 Taxation Services for Fees
129000 Other Corporate Mgmt and Support
129004 Municipal Accommodation Tax
133005 Revenues and Receivables
133010 Accounting and Reporting
133015 Procurement Services
Human Resource Services
142005 Labour and Employee Relations
142010 Staffing and Compensation Services
142015 WSIB Health, Safety and Sick Services
142020 Training and Development
142025 Employee Benefits
142040 Payroll
Page 602 of 947
ADMINISTRATIVE SERVICES - Continued
Information Services
143010 Information Software Services
143020 Information Hardware Services
143030 Data Voice Communication Services
Legal Services
124000 Corporate Legal Services
Page 603 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Chief Administrator's Office Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
From Special Purpose Reserves 300,000 0 300,000 #DIV/0!
From Reserve Funds 0 300,000 (300,000)-100.00%
Internal Transfers 300,000 300,000 0 0.00%
TOTAL REVENUE 300,000 300,000 0 0.00%
EXPENSES
Labour 557,386 511,349 46,037 9.00%
Employee Benefits Allocation 115,735 93,564 22,171 23.70%
Labour and Benefits 673,121 604,913 68,208 11.28%
Materials 334,000 334,000 0 0.00%
Advertising/News Release 90,000 90,000 0 0.00%
Conferences/Conventions 14,100 11,100 3,000 27.03%
Membership/Subscriptions 8,635 4,785 3,850 80.46%
Office Supplies 2,000 2,000 0 0.00%
Materials 448,735 441,885 6,850 1.55%
Contracted Services 71,000 74,850 (3,850)-5.14%
Total Expenses 1,192,856 1,121,648 71,208 6.35%
Surplus/(Deficit)(892,856)(821,648)(71,208)8.67%
Page 604 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Clerks Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Licences 195,000 260,000 (65,000)-25.00%
User Fees 12,500 27,500 (15,000)-54.55%
Micellaneous Revenue 207,500 287,500 (80,000)-27.83%
TOTAL REVENUE 207,500 287,500 (80,000)-27.83%
EXPENSES
Labour 557,936 549,501 8,435 1.54%
Employee Benefits Allocation 168,935 166,593 2,342 1.41%
Overtime 2,500 5,000 (2,500)-50.00%
Labour and Benefits 729,371 721,094 8,277 1.15%
Materials 166,000 166,000 0 0.00%
Professional Development/Workshops 3,500 3,500 0 0.00%
Conferences/Conventions 4,300 4,300 0 0.00%
Membership/Subscriptions 1,000 1,000 0 0.00%
Office Supplies 4,200 4,700 (500)-10.64%
Materials 179,000 179,500 (500)-0.28%
Rents and Financial Expenses 7,300 7,300 0 0.00%
Total Expenses 915,671 907,894 7,777 0.86%
Surplus/(Deficit)(708,171)(620,394)(87,777)14.15%
Page 605 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Taxation City General and Urban Service 71,409,310 70,486,052 923,258 1.31%
Taxation Waste Management 7,802,601 7,465,141 337,460 4.52%
Taxation Other Charges 1,150 11,000 (9,850)-89.55%
Payment in Lieu of Taxation 7,291,411 7,178,041 113,370 1.58%
Taxation 86,504,472 85,140,234 1,364,238 1.60%
Provincial Grants 937,800 555,000 382,800 68.97%
Casino 8,625,000 23,000,000 (14,375,000)-62.50%
Investments 1,570,600 2,770,600 (1,200,000)-43.31%
Licences 44,365 49,000 (4,635)-9.46%
Other Revenue 3,259,250 4,770,250 (1,511,000)-31.68%
Penalties and Interest 1,710,000 2,010,000 (300,000)-14.93%
Provincial Offences Act 150,000 150,000 0 0.00%
User Fees 245,000 245,000 0 0.00%
Miscellaneous Revenue 15,604,215 32,994,850 (17,390,635)-52.71%
Transfer from Special Purpose Reserves 600,000 600,000 0 0.00%
Transfer from City Operating (Indirect Costs)572,746 380,790 191,956 50.41%
Internal Transfers 1,172,746 980,790 191,956 19.57%
TOTAL REVENUE 104,219,233 119,670,874 (15,451,641)-12.91%
Financial Services Summary
Page 606 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Labour 2,141,316 2,060,184 81,132 3.94%
Employee Benefits Allocation 603,563 592,313 11,250 1.90%
Overtime 6,750 8,700 (1,950)-22.41%
Labour and Benefits 2,751,629 2,661,197 90,432 3.40%
Materials 547,900 547,952 (52)-0.01%
Professional Development/Workshops 3,500 3,860 (360)-9.33%
Insurance Premiums 236,079 190,078 46,001 24.20%
Conferences/Conventions 9,950 10,550 (600)-5.69%
Membership/Subscriptions 8,995 7,250 1,745 24.07%
Office Supplies 21,800 21,800 0 0.00%
Materials 828,224 781,490 46,734 5.98%
Contracted Services 8,196,961 7,832,001 364,960 4.66%
Rents and Financial Expenses 40,700 43,450 (2,750)-6.33%
External Transfers 2,365,500 3,800,000 (1,434,500)-37.75%
Internal Rent 12,938 13,553 (615)-4.54%
Transfer to Capital 4,200,000 4,000,000 200,000 5.00%
Transfer to Reserve Funds 2,730,000 17,105,000 (14,375,000)-84.04%
Internal Transfers 6,942,938 21,118,553 (14,175,615)-67.12%
Total Expenses 21,125,952 36,236,691 (15,110,739)-41.70%
Surplus/(Deficit)83,093,281 83,434,183 (340,902)-0.41%
Financial Services Summary - continued
Page 607 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Human Resource Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 150,000 150,000 0 0.00%
TOTAL REVENUE 150,000 150,000 0 0.00%
EXPENSES
Labour 1,946,950 2,417,347 (470,397)-19.46%
Employee Benefits Allocation 1,225,174 1,242,716 (17,542)-1.41%
Overtime 500 500 0 0.00%
Labour and Benefits 3,172,624 3,660,563 (487,939)-13.33%
Materials 130,500 135,000 (4,500)-3.33%
Professional Development/Workshops 70,000 76,000 (6,000)-7.89%
Conferences/Conventions 3,000 4,000 (1,000)-25.00%
Membership/Subscriptions 3,200 5,750 (2,550)-44.35%
Office Supplies 6,700 6,700 0 0.00%
Materials 213,400 227,450 (14,050)-6.18%
Contracted Services 182,000 182,000 0 0.00%
H&S Compliance 3,000 1,500 1,500 100.00%
Contracted Services 185,000 183,500 1,500 0.82%
Rents and Financial Expenses 0 0 0 #DIV/0!
Internal Rent 0 0 0 #DIV/0!
Total Expenses 3,571,024 4,071,513 (500,489)-12.29%
Surplus/(Deficit)(3,421,024)(3,921,513)500,489 -12.76%
Page 608 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Information Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 15,000 15,000 0 0.00%
TOTAL REVENUE 15,000 15,000 0 0.00%
EXPENSES
Labour 1,151,042 1,096,199 54,843 5.00%
Employee Benefits Allocation 324,103 294,873 29,230 9.91%
Labour and Benefits 1,475,145 1,391,072 84,073 6.04%
Materials 1,763,900 1,936,700 (172,800)-8.92%
Professional Development/Workshops 10,000 20,000 (10,000)-50.00%
Conferences/Conventions 3,500 7,500 (4,000)-53.33%
Membership/Subscriptions 2,000 1,500 500 33.33%
Office Supplies 2,500 2,500 0 0.00%
Materials 1,781,900 1,968,200 (186,300)-9.47%
Contracted Services 250 6,000 (5,750)-95.83%
Rents and Financial Expenses 42,620 39,200 3,420 8.72%
Total Expenses 3,299,915 3,404,472 (104,557)-3.07%
Surplus/(Deficit)(3,284,915)(3,389,472)104,557 -3.08%
Page 609 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Legal Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
User Fees 82,000 82,000 0 0.00%
TOTAL REVENUE 82,000 82,000 0 0.00%
EXPENSES
Labour 479,492 517,467 (37,975)-7.34%
Employee Benefits Allocation 66,877 108,930 (42,053)-38.61%
Labour and Benefits 546,369 626,397 (80,028)-12.78%
Materials 32,500 66,000 (33,500)-50.76%
Professional Development/Workshops 2,000 2,500 (500)-20.00%
Conferences/Conventions 2,500 5,500 (3,000)-54.55%
Membership/Subscriptions 11,500 23,500 (12,000)-51.06%
Office Supplies 2,500 6,000 (3,500)-58.33%
Materials 51,000 103,500 (52,500)-50.72%
Contracted Services 333,500 250,000 83,500 33.40%
Total Expenses 930,869 979,897 (49,028)-5.00%
Surplus/(Deficit)(848,869)(897,897)49,028 -5.46%
Page 610 of 947
FIRE SERVICES
Summaries
Fire Services
Policing
The following responsibility centres are included in the above noted summaries:
Fire Services
211000 Fire Suppression Services
212000 Fire Training Services
213000 Fire Prevention Services
214000 Fire Communication Services
215000 Fire Facilities
219000 Fire Other Services
230000 Emergency Measures
Policing Services
220000 Policing
Page 611 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Fire Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 0 13,200 (13,200)(100.00%)
Sales 10,000 10,000 0 0.00%
User Fees 24,000 24,000 0 0.00%
Miscellaneous Revenue 34,000 47,200 (13,200)(27.97%)
TOTAL REVENUE 34,000 47,200 (13,200)(27.97%)
EXPENSES
Labour 16,474,426 15,692,521 781,905 4.98%
Employee Benefits Allocation 3,630,053 3,435,013 195,040 5.68%
Overtime 431,500 431,500 0 0.00%
Labour and Benefits 20,535,979 19,559,034 976,945 4.99%
Materials 1,343,311 1,336,111 7,200 0.54%
Professional Development/Workshops 65,100 50,100 15,000 29.94%
Insurance Premiums 44,313 40,899 3,414 8.35%
Conferences/Conventions 22,500 22,500 0 0.00%
Goods for Resale 10,000 10,000 0 0.00%
Membership/Subscriptions 9,800 9,800 0 0.00%
Office Supplies 12,500 12,500 0 0.00%
Electricity 117,200 82,800 34,400 41.55%
Water 23,350 16,950 6,400 37.76%
Natural Gas 44,200 37,200 7,000 18.82%
Materials 1,692,274 1,618,860 73,414 4.53%
Contracted Services 129,800 127,000 2,800 2.20%
Snow Plowing 15,000 15,000 0 0.00%
Contracted Services 144,800 142,000 2,800 1.97%
Rents and Financial Expenses 193,500 208,500 (15,000)(7.19%)
Long Term Interest 8,524 22,401 (13,877)(61.95%)
Long Term Debt Principal 355,311 342,358 12,953 3.78%
Debt Charges 363,835 364,759 (924)(0.25%)
Internal Rent 1,005,938 832,108 173,830 20.89%
TOTAL EXPENSES 23,936,326 22,725,261 1,211,065 5.33%
Surplus/(Deficit)(23,902,326)(22,678,061)(1,224,265)5.40%
Page 612 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Policing Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
From Reserve Funds 1,575,000 0 1,575,000 #DIV/0!
From Special Purpose Reserves 0 4,200,000 (4,200,000)(100.00%)
Internal Transfers 1,575,000 4,200,000 (2,625,000)(62.50%)
TOTAL REVENUE 1,575,000 4,200,000 (2,625,000)(62.50%)
EXPENSES
Contracted Services 1,575,000 4,200,000 (2,625,000)(62.50%)
TOTAL EXPENSES 1,575,000 4,200,000 (2,625,000)(62.50%)
Surplus/(Deficit)0 0 0 #DIV/0!
Page 613 of 947
MUNICIPAL WORKS SERVICES
Summaries
Roadway Services
Winter Control Services
Street Lighting Services
Engineering Services
Fleet Services
Storm Sewer Services
Pest Control Services
The following responsibility centres are included in the above noted summaries:
Roadway Services
311000 Paved Surface Maint Roadway
312000 Unpaved Surface Maint Roadway
313000 Sidewalk Maint Roadway
314000 Drainage Ditch Culvert Maint Services
315000 Roadside Maintenance
316000 Forestry
319000 Other Roadway Services
Winter Control Services
321000 Paved Surface Maint Winter Control
323000 Sidewalk Maint Winter Control
Streetlighting Services
351000 Street Lighting Maint Services
352000 Street Lighting Power Charges
Engineering Services
371010 Engineering Administration Services
371040 Infrastructure Services
372000 Development Services
373000 Engineering, Project and Construction Sv
Fleet Services
374000 Fleet Services
Storm Sewer Maintenance Services
421000 Storm Sewer System Maintenance Services
Pest Control Services
229005 Pest Control Services
Page 614 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Roadway Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Grants 55,000 55,000 0 0.00%
Other Revenue 110,000 110,000 0 0.00%
User Fees 31,000 31,000 0 0.00%
Miscellaneous Revenue 141,000 141,000 0 0.00%
TOTAL REVENUE 196,000 196,000 0 0.00%
EXPENSES
Labour 3,730,036 3,749,047 (19,011)(0.51%)
Employee Benefits Allocation 992,883 1,000,679 (7,796)(0.78%)
Overtime 95,500 102,100 (6,600)(6.46%)
Labour and Benefits 4,818,419 4,851,826 (33,407)(0.69%)
Materials 474,358 468,919 5,439 1.16%
Professional Development/Workshops 23,100 20,790 2,310 11.11%
Insurance Premiums 579,542 524,066 55,476 10.59%
Conferences/Conventions 0 5,000 (5,000)(100.00%)
Membership/Subscriptions 2,550 1,075 1,475 137.21%
Office Supplies 6,000 6,000 0 0.00%
Water 8,700 7,000 1,700 24.29%
Materials 1,094,250 1,032,850 61,400 5.94%
Contracted Services 1,247,000 1,127,700 119,300 10.58%
Rents and Financial Expenses 37,000 9,500 27,500 289.47%
Internal Rent 1,352,229 1,142,332 209,897 18.37%
TOTAL EXPENSES 8,548,898 8,164,208 384,690 4.71%
Surplus/(Deficit)(8,352,898)(7,968,208)(384,690)4.83%
Page 615 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Winter Control Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 35,000 35,000 0 0.00%
TOTAL REVENUE 35,000 35,000 0 0.00%
EXPENSES
Labour 1,351,099 1,406,284 (55,185)(3.92%)
Employee Benefits Allocation 400,154 372,917 27,237 7.30%
Overtime 145,000 145,000 0 0.00%
Labour and Benefits 1,896,253 1,924,201 (27,948)(1.45%)
Materials 696,900 696,839 61 0.01%
Professional Development/Workshops 26,000 20,520 5,480 26.71%
Materials 722,900 717,359 5,541 0.77%
Contracted Services 428,000 167,600 260,400 155.37%
Rents and Financial Expenses 156,000 173,000 (17,000)(9.83%)
Internal Rent 1,028,761 803,351 225,410 28.06%
TOTAL EXPENSES 4,231,914 3,785,511 446,403 11.79%
Surplus/(Deficit)(4,196,914)(3,750,511)(446,403)11.90%
Page 616 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Streetlighting Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 24,000 24,000 0 0.00%
User Fees 0 10,000 (10,000)(100.00%)
Miscellaneous Revenue 24,000 34,000 (10,000)(29.41%)
TOTAL REVENUE 24,000 34,000 (10,000)(29.41%)
EXPENSES
Materials 25,000 25,000 0 0.00%
Electricity 756,200 728,600 27,600 3.79%
Materials 781,200 753,600 27,600 3.66%
Contracted Services 470,000 442,700 27,300 6.17%
Long Term Interest 17,316 19,505 (2,189)(11.22%)
Long Term Debt Principal 144,771 142,688 2,083 1.46%
Debt Charges 162,087 162,193 (106)(0.07%)
TOTAL EXPENSES 1,413,287 1,358,493 54,794 4.03%
Surplus/(Deficit)(1,389,287)(1,324,493)(64,794)4.89%
Page 617 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Engineering Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 1,161,920 801,100 360,820 45.04%
User Fees 1,000 5,500 (4,500)(81.82%)
Miscellaneous Revenue 1,162,920 806,600 356,320 44.18%
TOTAL REVENUE 1,162,920 806,600 356,320 44.18%
EXPENSES
Labour 2,086,602 2,032,202 54,400 2.68%
Employee Benefits Allocation 569,921 508,724 61,197 12.03%
Overtime 33,628 30,024 3,604 12.00%
Labour and Benefits 2,690,151 2,570,950 119,201 4.64%
Materials 39,045 42,695 (3,650)(8.55%)
Professional Development/Workshops 29,305 40,060 (10,755)(26.85%)
Conferences/Conventions 18,340 15,345 2,995 19.52%
Membership/Subscriptions 16,288 13,478 2,810 20.85%
Office Supplies 7,500 8,000 (500)(6.25%)
Materials 110,478 119,578 (9,100)(7.61%)
Contracted Services 615,920 466,300 149,620 32.09%
Internal Rent 57,660 58,184 (524)(0.90%)
Transfer to Capital (955,012)(771,561)(183,451)23.78%
Internal Transfers (897,352)(713,377)(183,975)25.79%
TOTAL EXPENSES 2,519,197 2,443,451 75,746 3.10%
Surplus/(Deficit)(1,356,277)(1,636,851)280,574 (17.14%)
Page 618 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Fleet Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Transfer from City Operating (Internal Rent)4,988,268 4,329,499 658,769 15.22%
TOTAL REVENUE 4,988,268 4,329,499 658,769 15.22%
EXPENSES
Labour 992,403 980,704 11,699 1.19%
Employee Benefits Allocation 287,396 280,647 6,749 2.40%
Overtime 35,000 38,000 (3,000)(7.89%)
Labour and Benefits 1,314,799 1,299,351 15,448 1.19%
Materials 1,482,300 1,482,300 0 0.00%
Professional Development/Workshops 8,000 8,000 0 0.00%
Insurance Premiums 140,557 129,268 11,289 8.73%
Membership/Subscriptions 2,800 2,800 0 0.00%
Office Supplies 300 300 0 0.00%
Materials 1,633,957 1,622,668 11,289 0.70%
Contracted Services 290,500 290,500 0 0.00%
Rents and Financial Expenses 28,800 28,800 0 0.00%
Internal Rent 162,107 89,011 73,096 82.12%
Transfer to Special Purpose Reserves 1,558,105 999,169 558,936 55.94%
Internal Transfers 1,720,212 1,088,180 632,032 58.08%
TOTAL EXPENSES 4,988,268 4,329,499 658,769 15.22%
Surplus/(Deficit)0 0 0 #DIV/0!
Page 619 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Storm Sewer Maintenance Services
Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Transfer from Development Charges 1,663 1,663 0 0.00%
Internal Transfers 1,663 1,663 0 0.00%
TOTAL REVENUE 1,663 1,663 0 0.00%
EXPENSES
Labour 198,364 182,761 15,603 8.54%
Employee Benefits Allocation 58,266 47,718 10,548 22.10%
Overtime 2,500 2,500 0 0.00%
Labour and Benefits 259,130 232,979 26,151 11.22%
Materials 33,000 25,000 8,000 32.00%
Contracted Services 147,500 138,000 9,500 6.88%
Rents and Financial Expenses 3,500 3,500 0 0.00%
Long Term Interest 0 4,956 (4,956)(100.00%)
Long Term Debt Principal 0 214,304 (214,304)(100.00%)
Debt Charges 0 219,260 (219,260)(100.00%)
Internal Rent 26,242 28,825 (2,583)(8.96%)
TOTAL EXPENSES 469,372 647,564 (178,192)(27.52%)
Surplus/(Deficit)(467,709)(645,901)178,192 (27.59%)
Page 620 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Pest Control Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Transfer from Reserve Funds 11,000 0 11,000 #DIV/0!
TOTAL REVENUE 11,000 0 11,000 #DIV/0!
EXPENSES
Contracted Services 6,500 6,500 0 0.00%
Rents and Financial Expenses 11,000 0 11,000 #DIV/0!
TOTAL EXPENSES 17,500 6,500 11,000 169.23%
Surplus/(Deficit)(6,500)(6,500)0 0.00%
Page 621 of 947
MUNICIPAL WORKS - CEMETERIES, PARKS AND LANDSCAPE
Summaries
Cemeteries Services
Parks
Landscape Design Services
The following responsibility centres are included in the above noted summaries:
Cemeteries Services
541000 Cemeteries Grounds Maint Services
543000 Cemetery Facilities
544000 Cemeteries Burial Services
545000 Cemetery Development
549000 Cemetery Administration
Parks Services
711000 Parks Grounds Maintenance Services
713000 Athletic Fields Maintenance Services
Landscape Design Services
763000 Landscape Design Services
Page 622 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Cemeteries Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Donations 25,000 15,000 10,000 66.67%
Investments 170,000 170,000 0 0.00%
Service Charges 3,250 6,250 (3,000)(48.00%)
Sales 251,700 201,700 50,000 24.79%
User Fees 475,000 425,000 50,000 11.76%
Miscellaneous Revenue 924,950 817,950 107,000 13.08%
TOTAL REVENUE 924,950 817,950 107,000 13.08%
EXPENSES
Labour 1,012,494 1,045,042 (32,548)(3.11%)
Employee Benefits Allocation 287,290 292,980 (5,690)(1.94%)
Overtime 29,500 29,000 500 1.72%
Labour and Benefits 1,329,284 1,367,022 (37,738)(2.76%)
Materials 172,000 156,275 15,725 10.06%
Professional Development/Workshops 5,500 7,000 (1,500)(21.43%)
Insurance Premiums 9,753 8,684 1,069 12.31%
Conferences/Conventions 5,000 5,060 (60)(1.19%)
Goods for Resale 23,700 18,700 5,000 26.74%
Membership/Subscriptions 1,000 1,000 0 0.00%
Office Supplies 3,000 2,000 1,000 50.00%
Electricity 11,400 11,400 0 0.00%
Water 9,560 9,050 510 5.64%
Natural Gas 15,100 15,100 0 0.00%
Materials 256,013 234,269 21,744 9.28%
Contracted Services 180,120 170,202 9,918 5.83%
H & S Compliance 3,500 3,500 0 0.00%
Contracted Services 183,620 173,702 9,918 5.71%
Rents and Financial Expenses 36,000 29,000 7,000 24.14%
Internal Rent 213,693 183,789 29,904 16.27%
TOTAL EXPENSES 2,018,610 1,987,782 30,828 1.55%
Surplus/(Deficit)(1,093,660)(1,169,832)76,172 (6.51%)
Page 623 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Parks Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 25,000 25,000 0 0.00%
User Fees 42,750 57,000 (14,250)(25.00%)
Miscellaneous Revenue 67,750 82,000 (14,250)(17.38%)
Transfer from Reserve Funds 0 5,000 (5,000)(100.00%)
TOTAL REVENUE 67,750 87,000 (19,250)(22.13%)
EXPENSES
Labour 1,105,101 1,103,484 1,617 0.15%
Employee Benefits Allocation 274,036 257,196 16,840 6.55%
Overtime 20,000 20,000 0 0.00%
Labour and Benefits 1,399,137 1,380,680 18,457 1.34%
Insurance Premiums 38,014 27,991 10,023 35.81%
Materials 258,142 258,142 0 0.00%
Professional Development/Workshops 6,000 5,693 307 5.39%
Membership/Subscriptions 1,800 1,200 600 50.00%
Office Supplies 250 250 0 0.00%
Electricity 66,600 65,800 800 1.22%
Water 193,630 176,890 16,740 9.46%
Natural Gas 3,400 2,800 600 21.43%
Materials 567,836 538,766 29,070 5.40%
Contracted Services 241,800 241,420 380 0.16%
Fees for Service 20,750 20,750 0 0.00%
Contracted Services 262,550 262,170 380 0.14%
Rents and Financial Expenses 12,146 12,146 0 0.00%
Long Term Interest 1,401 3,684 (2,283)(61.97%)
Long Term Debt Principal 58,432 56,301 2,131 3.79%
Debt Charges 59,833 59,985 (152)(0.25%)
Internal Rent 244,603 290,466 (45,863)(15.79%)
TOTAL EXPENSES 2,546,105 2,544,213 1,892 0.07%
Surplus/(Deficit)(2,478,355)(2,457,213)(21,142)0.86%
Page 624 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Landscape Design Services
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Labour 206,012 200,259 5,753 2.87%
Employee Benefits Allocation 53,138 49,860 3,278 6.57%
Labour and Benefits 259,150 250,119 9,031 3.61%
Materials 3,000 3,600 (600)(16.67%)
Membership/Subscriptions 4,475 4,325 150 3.47%
Materials 7,475 7,925 (450)(5.68%)
Contracted Services 25,000 25,000 0 0.00%
Transfer to Capital (233,284)(227,917)(5,367)2.35%
TOTAL EXPENSES 58,341 55,127 3,214 5.83%
Surplus/(Deficit)(58,341)(55,127)(3,214)5.83%
Page 625 of 947
TRANSPORTATION SERVICES
Summaries
Transit Services
Traffic Services
Railway Maintenance
Transportation Planning Services
Transportation Administration
The following responsibility centres are included in the above noted summaries:
Transit Services
331000 Transit Maintenance
331500 Transit Outside Services
332000 Transit Operations
333000 Chair-A-Van Services
335000 Transit Facilities
336000 Inter-Municipal Transit
336500 WEGO Transportation System
339000 Transit Administration
Traffic Services
342010 Traffic Control Services
342015 Traffic Signs
342020 Traffic Signals
Railway Maintenance
342025 Railway Maintenance
Transportation Planning Services
342030 Transportation Planning Services
Transportation Administration
349000 Transportation Administration
Page 626 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Transit Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Provincial Grants 819,110 0 819,110 #DIV/0!
Other Municipalities 2,561,800 3,305,500 (743,700)(22.50%)
Other Revenue 1,604,417 1,610,017 (5,600)(0.35%)
Rents 47,720 58,101 (10,381)(17.87%)
Sales 175,500 771,500 (596,000)(77.25%)
User Fees 1,163,800 2,452,000 (1,288,200)(52.54%)
Miscellaneous Revenue 2,991,437 4,891,618 (1,900,181)(38.85%)
Transfer from Reserve Funds 706,686 706,686 0 0.00%
Transfer from Gas Tax Reserve Fund 532,000 532,000 0 0.00%
Internal Transfers 1,238,686 1,238,686 0 0.00%
TOTAL REVENUE 7,611,033 9,435,804 (1,824,771)(19.34%)
Page 627 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Transit Services Summary - continued
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Labour 7,806,206 7,767,043 39,163 0.50%
Employee Benefits Allocation 2,480,804 2,359,413 121,391 5.14%
Overtime 170,000 195,500 (25,500)(13.04%)
Labour and Benefits 10,457,010 10,321,956 135,054 1.31%
Materials 3,186,163 3,308,900 (122,737)(3.71%)
Professional Development/Workshops 55,000 44,000 11,000 25.00%
Advertising/News Release 32,000 32,000 0 0.00%
Insurance Premiums 726,406 565,322 161,084 28.49%
Goods for Resale 164,000 735,000 (571,000)(77.69%)
Electricity 290,400 292,400 (2,000)(0.68%)
Water 39,470 40,110 (640)(1.60%)
Natural Gas 109,600 108,000 1,600 1.48%
Conferences/Conventions 1,500 0 1,500 #DIV/0!
Membership/Subscriptions 12,150 0 12,150 #DIV/0!
Office Supplies 9,000 0 9,000 #DIV/0!
Materials 4,625,689 5,125,732 (500,043)(9.76%)
Contracted Services 960,000 931,200 28,800 3.09%
H & S Compliance 3,500 3,500 0 0.00%
Snow Plowing 40,000 40,000 0 0.00%
Fees for Service 646,757 640,386 6,371 0.99%
Contracted Services 1,650,257 1,615,086 35,171 2.18%
Rents and Financial Expenses 43,900 44,100 (200)(0.45%)
Transfer to Capital 196,667 196,667 0 0.00%
Internal Transfers 196,667 196,667 0 0.00%
TOTAL EXPENSES 16,973,523 17,303,541 (330,018)(1.91%)
Surplus/(Deficit)(9,362,490)(7,867,737)(1,494,753)19.00%
Page 628 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Traffic Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 41,000 41,000 0 0.00%
Permits 2,000 2,000 0 0.00%
Miscellaneous Revenue 43,000 43,000 0 0.00%
TOTAL REVENUE 43,000 43,000 0 0.00%
EXPENSES
Labour 1,284,683 1,186,515 98,168 8.27%
Employee Benefits Allocation 233,989 229,034 4,955 2.16%
Overtime 14,000 11,000 3,000 27.27%
Labour and Benefits 1,532,672 1,426,549 106,123 7.44%
Materials 170,680 169,950 730 0.43%
Professional Development/Workshops 7,423 6,510 913 14.02%
Conferences/Conventions 8,500 4,000 4,500 112.50%
Membership/Subscriptions 3,350 1,750 1,600 91.43%
Electricity 40,400 41,500 (1,100)(2.65%)
Materials 230,353 223,710 6,643 2.97%
Contracted Services 542,300 536,300 6,000 1.12%
Contracted Services 542,300 536,300 6,000 1.12%
Internal Rent 68,845 64,297 4,548 7.07%
TOTAL EXPENSES 2,374,170 2,250,856 123,314 5.48%
Surplus/(Deficit)(2,331,170)(2,207,856)(123,314)5.59%
Page 629 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Railway Maintenance Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Contracted Services 72,000 55,000 17,000 30.91%
TOTAL EXPENSES 72,000 55,000 17,000 30.91%
Surplus/(Deficit)(72,000)(55,000)(17,000)30.91%
Transportation Planning Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Materials 1,000 1,000 0 0.00%
Contracted Services 90,000 90,000 0 0.00%
TOTAL EXPENSES 91,000 91,000 0 0.00%
Surplus/(Deficit)(91,000)(91,000)0 0.00%
Transportation Administration
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Labour 0 277,620 (277,620)(100.00%)
Employee Benefits Allocation 0 72,106 (72,106)(100.00%)
Overtime 0 0 0 #DIV/0!
Labour and Benefits 0 349,726 (349,726)(100.00%)
Materials 0 68,063 (68,063)(100.00%)
Professional Development/Workshops 0 2,000 (2,000)(100.00%)
Conferences/Conventions 0 9,000 (9,000)(100.00%)
Membership/Subscriptions 0 14,400 (14,400)(100.00%)
Office Supplies 0 9,000 (9,000)(100.00%)
Materials 0 102,463 (102,463)(100.00%)
TOTAL EXPENSES 0 452,189 (452,189)(100.00%)
Surplus/(Deficit)0 (452,189)452,189 (100.00%)
Page 630 of 947
RECREATION AND CULTURE SERVICES
Summaries
Recreation Programs
Recreation Facilities
Museum Services
Recreation and Culture Services
The following responsibility centres are included in the above noted summaries:
Recreation Programs
723000 Pools Programs
724001 Coronation Centre
724501 Coronation Centre Cafe
729000 Other Recreation Programs
729003 Canada Day
729005 Santa Claus Parade
729006 Sports Wall of Fame
729011 Farmers Market
729013 Special Events
Recreation Facilities
732003 Chippawa Arena
732004 Gale Centre
733000 Pools Maintenance Services
734001 Coronation Centre Maint Services
734002 MacBain Community Centre Maint Services
734003 Niagara Falls Exchange
739000 Other Recreation Facilities Services
752002 Niagara Falls Armoury
Museum Services
752001 Museum Services
Recreation and Culture Services
761000 Recreation and Culture Services
Page 631 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Recreation Programs Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Provincial Grants 42,700 42,700 0 0.00%
Café Sales 15,122 35,000 (19,878)(56.79%)
Donations 0 30,000 (30,000)(100.00%)
Other Revenue 5,348 11,000 (5,652)(51.38%)
Rents 8,856 10,500 (1,644)(15.66%)
Sales 3,130 5,700 (2,570)(45.09%)
User Fees 89,906 170,055 (80,149)(47.13%)
Miscellaneous Revenue 122,362 262,255 (139,893)(53.34%)
TOTAL REVENUE 165,062 304,955 (139,893)(45.87%)
EXPENSES
Labour 548,411 626,736 (78,325)(12.50%)
Employee Benefits Allocation 108,785 121,315 (12,530)(10.33%)
Overtime 12,500 10,825 1,675 15.47%
Labour and Benefits 669,696 758,876 (89,180)(11.75%)
Materials 114,710 122,462 (7,752)(6.33%)
Advertising/News Release 1,500 1,500 0 0.00%
Insurance Premiums 851 0 851 #DIV/0!
Goods for Resale 12,275 21,500 (9,225)(42.91%)
Office Supplies 4,448 6,322 (1,874)(29.64%)
Electricity 0 3,400 (3,400)(100.00%)
Water 0 1,780 (1,780)(100.00%)
Natural Gas 0 2,300 (2,300)(100.00%)
Materials 133,784 159,264 (25,480)(16.00%)
Contracted Services 6,160 2,660 3,500 131.58%
Fees for Service 211,149 207,009 4,140 2.00%
Contracted Services 217,309 209,669 7,640 3.64%
Rents and Financial Expenses 37,676 37,800 (124)(0.33%)
TOTAL EXPENSES 1,058,465 1,165,609 (107,144)(9.19%)
Surplus/(Deficit)(893,403)(860,654)(32,749)3.81%
Page 632 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Recreation Facilities Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 78,000 121,000 (43,000)(35.54%)
Rents 82,898 116,030 (33,132)(28.55%)
User Fees 1,382,500 1,874,500 (492,000)(26.25%)
Miscellaneous Revenue 1,543,398 2,111,530 (568,132)(26.91%)
TOTAL REVENUE 1,543,398 2,111,530 (568,132)(26.91%)
EXPENSES
Labour 1,462,413 1,470,307 (7,894)(0.54%)
Employee Benefits Allocation 436,505 419,559 16,946 4.04%
Overtime 74,000 74,000 0 0.00%
Labour and Benefits 1,972,918 1,963,866 9,052 0.46%
Materials 192,966 206,011 (13,045)(6.33%)
Professional Development/Workshops 8,000 8,000 0 0.00%
Advertising/News Release 7,000 7,000 0 0.00%
Insurance Premiums 223,832 196,197 27,635 14.09%
Office Supplies 2,500 2,500 0 0.00%
Electricity 892,025 935,500 (43,475)(4.65%)
Water 277,400 288,370 (10,970)(3.80%)
Natural Gas 240,700 255,200 (14,500)(5.68%)
Materials 1,844,423 1,898,778 (54,355)(2.86%)
Contracted Services 480,160 482,160 (2,000)(0.41%)
H&S Compliance 16,000 16,000 0 0.00%
Snow Plowing 75,000 78,000 (3,000)(3.85%)
Contracted Services 571,160 576,160 (5,000)(0.87%)
Rents and Financial Expenses 87,200 87,200 0 0.00%
Long Term Interest 1,672,243 1,590,472 81,771 5.14%
Long Term Debt Principal 1,886,870 1,723,640 163,230 9.47%
Debt Charges 3,559,113 3,314,112 245,001 7.39%
Internal Rent 144,925 171,688 (26,763)(15.59%)
TOTAL EXPENSES 8,179,739 8,011,804 167,935 2.10%
Surplus/(Deficit)(6,636,341)(5,900,274)(736,067)12.48%
Page 633 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Museum Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Provincial Grants 36,662 36,662 0 0.00%
Donations 1,000 1,000 0 0.00%
Rents 500 3,000 (2,500)(83.33%)
Sales 5,000 10,000 (5,000)(50.00%)
User Fees 7,600 36,000 (28,400)(78.89%)
Miscellaneous Revenue 14,100 50,000 (35,900)(71.80%)
TOTAL REVENUE 50,762 86,662 (35,900)(41.43%)
EXPENSES
Labour 677,667 657,700 19,967 3.04%
Employee Benefits Allocation 179,072 153,601 25,471 16.58%
Overtime 2,000 2,000 0 0.00%
Labour and Benefits 858,739 813,301 45,438 5.59%
Materials 147,100 169,000 (21,900)(12.96%)
Professional Development/Workshops 1,650 1,650 0 0.00%
Advertising/News Release 25,650 32,050 (6,400)(19.97%)
Insurance Premiums 6,734 6,203 531 8.56%
Conferences/Conventions 4,800 4,400 400 9.09%
Membership/Subscriptions 4,178 4,178 0 0.00%
Office Supplies 4,250 4,500 (250)(5.56%)
Electricity 64,600 65,500 (900)(1.37%)
Water 6,800 4,400 2,400 54.55%
Natural Gas 16,000 17,100 (1,100)(6.43%)
Materials 281,762 308,981 (27,219)(8.81%)
Contracted Services 79,081 79,081 0 0.00%
H&S Compliance 10,500 10,500 0 0.00%
Snow Plowing 4,000 4,000 0 0.00%
Contracted Services 93,581 93,581 0 0.00%
Rents and Financial Expenses 1,300 1,300 0 0.00%
Long Term Interest 17,671 26,265 (8,594)(32.72%)
Long Term Debt Principal 330,000 330,000 0 0.00%
Debt Charges 347,671 356,265 (8,594)(2.41%)
TOTAL EXPENSES 1,583,053 1,573,428 9,625 0.61%
Surplus/(Deficit)(1,532,291)(1,486,766)(45,525)3.06%
Page 634 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Recreation and Culture Services
Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Labour 897,667 873,270 24,397 2.79%
Employee Benefits Allocation 254,297 240,026 14,271 5.95%
Overtime 1,000 1,000 0 0.00%
Labour and Benefits 1,152,964 1,114,296 38,668 3.47%
Materials 53,499 53,499 0 0.00%
Professional Development/Workshops 1,000 1,000 0 0.00%
Advertising/News Release 2,000 2,000 0 0.00%
Insurance Premiums 2,408 0 2,408 #DIV/0!
Conferences/Conventions 8,100 11,700 (3,600)(30.77%)
Membership/Subscriptions 3,475 3,475 0 0.00%
Office Supplies 15,000 15,000 0 0.00%
Materials 85,482 86,674 (1,192)(1.38%)
Contracted Services 1,600 1,600 0 0.00%
Fees for Service 39,600 39,600 0 0.00%
Contracted Services 41,200 41,200 0 0.00%
Rents and Financial Expenses 70,000 70,000 0 0.00%
TOTAL EXPENSES 1,349,646 1,312,170 37,476 2.86%
Surplus/(Deficit)(1,349,646)(1,312,170)(37,476)2.86%
Page 635 of 947
PLANNING AND BUILDING SERVICES
Summaries
Planning Services
Building Services
Municipal Enforcement Services
Facilities Services
The following responsibility centres are included in the above noted summaries:
Planning Services
811000 Planning Services
Building Services
221000 Building Inspection Services
Municipal Enforcement Services
224000 Municipal Enforcement Services
229000 Animal Control Services
Facilities Services
375000 Facilities Services
375001 Core Building
375002 City Hall Facility
375003 Service Centre Facility
375004 Wayne Thomson Building
Page 636 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Planning Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Licences 12,000 12,000 0 0.00%
User Fees 330,000 330,000 0 0.00%
Miscellaneous Revenue 342,000 342,000 0 0.00%
From Special Purpose Reserves 20,000 0 20,000 #DIV/0!
Internal Transfers 20,000 0 20,000 #DIV/0!
TOTAL REVENUE 362,000 342,000 20,000 5.85%
EXPENSES
Labour 998,087 981,452 16,635 1.69%
Employee Benefits Allocation 229,472 229,472 0 0.00%
Overtime 2,240 2,240 0 0.00%
Labour and Benefits 1,229,799 1,213,164 16,635 1.37%
Materials 2,000 2,000 0 0.00%
Professional Development/Workshops 3,000 4,000 (1,000)(25.00%)
Conferences/Conventions 7,500 7,500 0 0.00%
Membership/Subscriptions 7,105 7,105 0 0.00%
Office Supplies 7,900 7,900 0 0.00%
Materials 27,505 28,505 (1,000)(3.51%)
Contracted Services 80,000 60,000 20,000 33.33%
Internal Rent 4,096 4,001 95 2.37%
TOTAL EXPENSES 1,341,400 1,305,670 35,730 2.74%
Surplus/(Deficit)(979,400)(963,670)(15,730)1.63%
Page 637 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Building Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 33,000 5,000 28,000 560.00%
Permits 1,572,000 1,800,000 (228,000)(12.67%)
User Fees 5,000 5,000 0 0.00%
Miscellaneous Revenue 1,610,000 1,810,000 (200,000)(11.05%)
From Special Purpose Reserves 616,083 126,210 489,873 388.14%
TOTAL REVENUE 2,226,083 1,936,210 289,873 14.97%
EXPENSES
Labour 1,298,092 1,195,033 103,059 8.62%
Employee Benefits Allocation 350,485 323,000 27,485 8.51%
Overtime 2,000 2,000 0 0.00%
Labour and Benefits 1,650,577 1,520,033 130,544 8.59%
Materials 20,132 21,954 (1,822)(8.30%)
Professional Development/Workshops 5,000 5,000 0 0.00%
Insurance Premiums 26,034 25,135 899 3.58%
Conferences/Conventions 5,000 12,800 (7,800)(60.94%)
Goods for Resale 500 500 0 0.00%
Membership/Subscriptions 9,346 10,381 (1,035)(9.97%)
Office Supplies 6,000 8,000 (2,000)(25.00%)
Materials 72,012 83,770 (11,758)(14.04%)
Contracted Services 194,350 20,050 174,300 869.33%
Rents and Financial Expenses 0 1,000 (1,000)(100.00%)
Internal Rent 34,144 36,357 (2,213)(6.09%)
Indirect Costs 275,000 275,000 0 0.00%
Internal Transfers 309,144 311,357 (2,213)(0.71%)
TOTAL EXPENSES 2,226,083 1,936,210 289,873 14.97%
Surplus/(Deficit)0 0 0 #DIV/0!
Page 638 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Municipal Enforcement Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Fines 500 500 0 0.00%
User Fees 99,500 99,500 0 0.00%
Miscellaneous Revenue 100,000 100,000 0 0.00%
TOTAL REVENUE 100,000 100,000 0 0.00%
EXPENSES
Labour 757,886 702,369 55,517 7.90%
Employee Benefits Allocation 202,194 206,271 (4,077)(1.98%)
Overtime 5,000 3,500 1,500 42.86%
Labour and Benefits 965,080 912,140 52,940 5.80%
Materials 12,400 27,000 (14,600)(54.07%)
Professional Development/Workshops 9,000 9,000 0 0.00%
Conferences/Conventions 1,730 2,000 (270)(13.50%)
Membership/Subscriptions 4,158 5,500 (1,342)(24.40%)
Office Supplies 1,000 2,000 (1,000)(50.00%)
Materials 28,288 45,500 (17,212)(37.83%)
Contracted Services 124,550 100,050 24,500 24.49%
Fees for Service 531,250 527,000 4,250 0.81%
Contracted Services 655,800 627,050 28,750 4.58%
Internal Rent 45,379 41,860 3,519 8.41%
Internal Transfers 45,379 41,860 3,519 8.41%
TOTAL EXPENSES 1,694,547 1,626,550 67,997 4.18%
Surplus/(Deficit)(1,594,547)(1,526,550)(67,997)4.45%
Page 639 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Facilities Services Summary
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Other Revenue 0 9,175 (9,175)(100.00%)
Rents 82,230 111,936 (29,706)(26.54%)
Miscellaneous Revenue 82,230 121,111 (38,881)(32.10%)
TOTAL REVENUE 82,230 121,111 (38,881)(32.10%)
EXPENSES
Labour 635,391 555,440 79,951 14.39%
Employee Benefits Allocation 182,143 136,290 45,853 33.64%
Overtime 2,000 6,000 (4,000)(66.67%)
Labour and Benefits 819,534 697,730 121,804 17.46%
Materials 129,900 133,600 (3,700)(2.77%)
Professional Development/Workshops 1,000 1,000 0 0.00%
Insurance Premiums 5,184 13,451 (8,267)(61.46%)
Membership/Subscriptions 788 400 388 97.00%
Office Supplies 1,000 1,000 0 0.00%
Electricity 215,555 218,400 (2,845)(1.30%)
Water 30,230 33,210 (2,980)(8.97%)
Natural Gas 53,325 62,900 (9,575)(15.22%)
Materials 436,982 463,961 (26,979)(5.81%)
Contracted Services 446,110 399,110 47,000 11.78%
H&S Compliance 10,500 14,000 (3,500)(25.00%)
Snow Plowing 15,000 18,000 (3,000)(16.67%)
Contracted Services 471,610 431,110 40,500 9.39%
Long Term Interest 78,097 85,432 (7,335)(8.59%)
Long Term Debt Principal 381,123 372,114 9,009 2.42%
Debt Charges 459,220 457,546 1,674 0.37%
Internal Rent 36,648 24,259 12,389 51.07%
TOTAL EXPENSES 2,223,994 2,074,606 149,388 7.20%
Surplus/(Deficit)(2,141,764)(1,953,495)(188,269)9.64%
Page 640 of 947
BUSINESS DEVELOPMENT SERVICES
Business Development Services Summary
The following responsibility centres are included in the above noted summaries:
Business Development Services
821000 Business Development Services
821010 Niagara Falls Ryerson Innovation Hub
823010 Small Business Enterprise Centre
Page 641 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Federal Grants 1,370,773 739,230 631,543 85.43%
Provincial Grants 210,844 178,844 32,000 17.89%
Other Municipalities 17,624 0 17,624 #DIV/0!
Grants 1,599,241 918,074 681,167 74.20%
Other Revenue 15,000 15,000 0 0.00%
From Reserve Funds 770,773 739,230 31,543 4.27%
TOTAL REVENUE 2,385,014 1,672,304 712,710 42.62%
EXPENSES
Labour 671,546 596,648 74,898 12.55%
Employee Benefits Allocation 170,862 164,187 6,675 4.07%
Labour and Benefits 842,408 760,835 81,573 10.72%
Materials 173,500 173,500 0 0.00%
Professional Development/Workshops 3,800 3,800 0 0.00%
Advertising/News Release 55,750 55,750 0 0.00%
Insurance Premiums 22 0 22 #DIV/0!
Conferences/Conventions 5,100 5,100 0 0.00%
Membership/Subscriptions 3,800 3,800 0 0.00%
Office Supplies 7,000 8,000 (1,000)(12.50%)
Materials 248,972 249,950 (978)(0.39%)
Contracted Services 1,084,940 476,500 608,440 127.69%
Rents and Financial Expenses 70,225 126,925 (56,700)(44.67%)
External Transfers 1,131,606 1,076,960 54,646 5.07%
Internal Rent 11,999 11,986 13 0.11%
TOTAL EXPENSES 3,390,150 2,703,156 686,994 25.41%
(Surplus)/Deficit 1,005,136 1,030,852 (25,716)(2.49%)
Business Development Summary
Page 642 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
REVENUES
Taxation City General and Urban 71,409,311 70,486,052 923,259 1.31%
Taxation Waste Management 7,802,521 7,465,141 337,380 4.52%
Taxation Other Charges 1,150 11,000 (9,850)(89.55%)
Payment in Lieu of Taxation 7,291,411 7,178,041 113,370 1.58%
Taxation 86,504,393 85,140,234 1,364,159 1.60%
Federal Grants 1,370,773 739,230 631,543 85.43%
Provincial Grants 2,047,116 813,206 1,233,910 151.73%
Grants 55,000 55,000 0 0.00%
Other Municipalities 2,579,424 3,305,500 (726,076)(21.97%)
Grants 6,052,313 4,912,936 1,139,377 23.19%
Café Sales 15,122 35,000 (19,878)(56.79%)
Casino 8,625,000 23,000,000 (14,375,000)(62.50%)
Donations 56,000 46,000 10,000 21.74%
Fines 500 500 0 0.00%
Investments 1,740,600 2,940,600 (1,200,000)(40.81%)
Licences 251,365 321,000 (69,635)(21.69%)
Other Revenue 6,566,535 7,764,342 (1,197,807)(15.43%)
Penalties and Interest 1,710,000 2,010,000 (300,000)(14.93%)
Permits 1,574,000 1,802,000 (228,000)(12.65%)
Provincial Offences Act 150,000 150,000 0 0.00%
Rents 222,204 299,567 (77,363)(25.82%)
Sales 445,330 999,900 (554,570)(55.46%)
Service Charges 3,250 6,250 (3,000)(48.00%)
User Fees 4,125,356 6,037,855 (1,912,499)(31.68%)
Miscellaneous Revenue 25,485,262 45,413,014 (19,927,752)(43.88%)
From Special Purpose Reserves 1,536,083 4,926,210 (3,390,127)(68.82%)
From Reserve Funds 3,138,459 1,825,916 1,312,543 71.88%
From Gas Tax Reserve Fund 532,000 532,000 0 0.00%
From Development Charges 1,663 1,663 0 0.00%
From City Operating (Indirect Costs)572,746 380,790 191,956 50.41%
From City Operating (Internal Rent)4,988,268 4,329,499 658,769 15.22%
Internal Transfers 10,769,219 11,996,078 (1,226,859)(10.23%)
TOTAL REVENUE 128,811,187 147,462,262 (18,651,075)(12.65%)
Page 643 of 947
TAX SUPPORTED OPERATING FUND
2021 Budget to 2020 Budget Comparison
Budget Budget
Increase/
(Decrease)
Increase/
(Decrease)
2021 2020 $%
EXPENSES
Labour 51,674,385 51,082,141 592,244 1.16%
Employee Benefits Allocation 14,059,640 13,570,178 489,462 3.61%
Overtime 1,087,118 1,120,389 (33,271)(2.97%)
Labour and Benefits 66,821,143 65,772,708 1,048,435 1.59%
Materials 11,913,466 12,349,592 (436,126)(3.53%)
Professional Development 347,128 344,233 2,895 0.84%
Advertising/News Release 229,700 236,100 (6,400)(2.71%)
Insurance Premiums 2,040,482 1,730,271 310,211 17.93%
Conferences/Conventions 141,820 163,755 (21,935)(13.40%)
Goods for Resale 210,475 785,700 (575,225)(73.21%)
Membership/Subscriptions 144,043 150,102 (6,059)(4.04%)
Office Supplies 142,748 146,372 (3,624)(2.48%)
Materials 15,169,862 15,906,125 (736,263)(4.63%)
Electricity 2,454,380 2,445,300 9,080 0.37%
Water 589,140 577,760 11,380 1.97%
Natural Gas 482,325 500,600 (18,275)(3.65%)
Utilities 3,525,845 3,523,660 2,185 0.06%
Contracted Services 18,308,022 18,991,484 (683,462)(3.60%)
H&S Compliance 47,000 49,000 (2,000)(4.08%)
Snow Plowing 149,000 155,000 (6,000)(3.87%)
Fees for Service 6,855,152 6,715,015 140,137 2.09%
Contracted Services 25,359,174 25,910,499 (551,325)(2.13%)
Rents and Financial Expenses 888,867 932,721 (43,854)(4.70%)
Long Term Interest 1,811,311 1,770,519 40,792 2.30%
Long Term Debt Principal 3,263,329 3,286,645 (23,316)(0.71%)
Debt Charges 5,074,640 5,057,164 17,476 0.35%
External Transfers 3,607,106 4,986,960 (1,379,854)(27.67%)
Internal Rent 4,450,207 3,796,067 654,140 17.23%
Indirect Costs 275,000 275,000 0 0.00%
To Capital 3,208,371 3,197,189 11,182 0.35%
To Reserve Funds 2,730,000 17,105,000 (14,375,000)(84.04%)
To Special Purpose Reserves 1,558,105 999,169 558,936 55.94%
Internal Transfers 12,221,683 25,372,425 (13,150,742)(51.83%)
TOTAL EXPENSES 132,668,320 147,462,262 (14,793,942)(10.03%)
Surplus/(Deficit)(3,857,133)0 (3,857,133)#DIV/0!
Page 644 of 947
HR-2021-01
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Human Resources
SUBJECT: HR-2021-01
Executive Search Firm and Proposed Terms of Reference for
the Chief Administrative Officer (CAO) recruitment committee
RECOMMENDATION
1. That Council authorize and approve staff to proceed with the hiring and approval of
an executive search firm in accordance with the City’s procurement process.
2. That City Council appoint a CAO recruitment committee consisting of the Mayor and
three other members of Council.
3. That City Council approve the attached terms of reference for the CAO recruitment
committee
EXECUTIVE SUMMARY
With the impending retirement of Ken Todd in June, 2021, City Council authorized staff
in November, 2020 to formally engage an executive search firm for the recruitment of the
City’s next Chief Administrative Officer.
In accordance with the City’s procurement practices, a Request for Proposal (RFP) was
offered to any qualified firms on December 1, 2020 with a closing date of
December 22, 2020. As of the closing date, there were six (6) registered bidders who
responded and submitted proposals.
Under the guidance of the City’s Procurement Department, a panel of three City staff have
been established to review the bid proposals using a staged process. The first stage is to
evaluate and rank the proposals based on weighted/rated criteria and the ability of the
firm to meet the minimal technical requirements of the RFP. Stage two of the process is
to open the price bids of the firms who meet the minimum technical scoring and provide
a ranking based on price. The technical score is then combined with the ranked score on
price to determine the firms overall ranking. Staff are prepared to formally award the RFP
as soon as possible to enable the recruitment process to begin.
Page 645 of 947
2
HR-2021-01
January 19, 2021
Working closely with the search firm and Human Resources, it is highly recommended
that a recruitment committee be established consisting of the Mayor and three members
of Council. Staff is requesting that these members be identified as soon as possible.
The recruitment committee will advise the search firm on the development of desired
requirements, qualifications and competencies of the Chief Administrative Officer
position. In consultation with the search firm and the Director, Human Resources, the
committee shall undertake a number of recruitment activities including but not limited to
reviewing position advertisements and postings, reviewing all applicant resumes, and
developing a candidate short-list to be recommended to Council. The full proposed terms
of reference for this committee is attached to this report.
ANALYSIS/RATIONALE
As noted above, best practice research suggests that an executive search firm will
maximize the City’s ability to attract top talent and qualified candidates for the position of
Chief Administrative Officer. In selecting this firm, staff must follow the City’s procurement
process in awarding the RFP.
With the appointment of the members of the CAO recruitment committee who will oversee
the search process, it is anticipated that this work will begin as soon as possible.
FINANCIAL IMPLICATIONS/BUDGET IMPACT
The draft 2021 operational budget contains a line item for HR recruitment which staff
believe is sufficient (i.e., up to $35,000) to fund the executive search and recruitment of
the Chief Administrative Officer.
Recommended by:
Trent Dark, Director, Human Resources
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Page 646 of 947
Terms of Reference Page 1 of 2
Proposed Draft Terms of Reference
for the
Chief Administrative Officer Recruitment Committee
Purpose: This recruitment committee is an ad hoc committee of Council who
will be engaged to oversee the recruitment process undertaken by
an external search firm and the selection of the City’s Chief
Administrative Officer.
This committee will be responsible for confirming the position profile
and required job competencies, assessing, screening and
recommending an appropriate short-list of final candidates to City
Council.
The final decision on the preferred CAO selection and appointment
will rest with Niagara Falls City Council.
Composition: This committee will consist of the Mayor as Chair and three members
of City Council who will be supported by an Executive Search
Consulting firm (chosen in accordance with the City’s procurement
process) and the Director of Human Resources.
Term of Office: This committee will be in place until the City successfully appoints its
next Chief Administrative Officer.
Meetings: The recruitment committee shall meet as needed in accordance with
the necessary recruitment timelines and may meet in person or
through a virtual meeting platform. Given the nature of the meetings
and confidentiality of the recruitment process, these meetings may
be held in closed session in accordance with the provisions of the
Municipal Act.
Human Resources and the City Clerk’s office will provide the
necessary assistance and support to the Committee as required.
Council Updates: The Chair, and Director of Human Resources, will provide regular
updates to City Council on the progress of the committee and the
CAO recruitment process.
Page 647 of 947
Terms of Reference Page 2 of 2
Responsibilities: 1. Confirm the position profile, job description and timelines as the
basis for the recruitment process.
2. Actively engage and participate in all stages of the recruitment
while ensuring that a fair, transparent and comprehensive
process is conducted.
3. Work with the search firm to advertise, screen and assess
candidate resumes and review the “long list” of candidates which
will include summaries of preliminary in-person/telephone
interviews.
4. Review interview questions and any psychometric testing of
candidate that may be prepared by the search consultant.
5. Determine and recommend to Council a “short-list” of top
candidates for final interviews.
6. Receive City Council’s endorsement of a preferred candidate for
the appointment of Chief Administrative Officer.
7. Along with City Council, direct the search firm through Human
Resources, to negotiate the agreed upon terms and conditions of
the CAO’s employment contract.
8. Rules of procedure for the Committee will be followed in
accordance with Bylaw 2019-04.
9. The Committee will ensure that information obtained in the
recruitment process is protected under the Municipal Freedom
and Protection of Personal Privacy Act (MFIPPA)
Confidentiality: City Council, committee members and staff shall be obligated to hold
in strict confidence all confidential information concerning matters
and information received as part of the recruitment process.
Page 648 of 947
MW-2021-01
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Municipal Works – Engineering Services
SUBJECT: MW-2021-01
8800 McLeod Rd Water and Wastewater Consumption Grant
Request
RECOMMENDATION
That Council not approve the water and wastewater consumption grant request from the
Boys and Girls Club of Niagara for their property located at 8800 McLeod Road.
BACKGROUND
On December 11, 2020 Staff were notified that the swimming pool at the Boys and Girls
Club of Niagara building located at 8800 McLeod Road was leaking and was required to
be emptied in order to conduct the repair. The Club has requested financial assistance
for the water and wastewater consumption charges affiliated with the water required to
re-fill the pool.
ANALYSIS/RATIONALE
Article 12.3 of Waterworks Bylaw 2016-108 states that “No person shall use water
supplied by the City unless the consumption of that water is measured by a Meter and
the fee set out in the Schedule for that water is paid.”
Accordingly, per the bylaw, financial assistance cannot be directly applied to the water
and wastewater account. Financial assistance can however be approved by Council by
way of a one-time grant.
Staff advise Council that providing relief from water and wastewater charges for situations
that are beyond the City’s control sets a dangerous precedent, regardless of the cost.
Furthermore, the City is not privy to any potential insurable losses and claims eligibility at
privately owned properties, which if approved by Council may result in properties being
“double-compensated” for their losses.
Water and wastewater consumption charges are fully a user-pay system. Consequently
any financial relief provided is done so at the expense of all other users.
Page 649 of 947
2
MW-2021-01
January 19, 2021
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Although exact volumes are unknown, a total of one-thousand (1000) cubic metres is
estimated to be required to drain and refill the pool. Based on current rates, this volume
equates to a $2,333 grant.
CITY’S STRATEGIC COMMITMENT
The content and recommendation included in this report aligns with Council’s adoption of
the 2019-2022 Strategic Priorities to deliver Responsible and Transparent Financial
Management.
LIST OF ATTACHMENTS
N/A
Recommended by:
Erik Nickel, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Erik N.
Page 650 of 947
MW-2021-02
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Municipal Works
SUBJECT: MW-2021-02
Proposed Cemetery By-Laws 2021 - #
RECOMMENDATION
1. That By-Law #2016-24 be repealed; and further,
2. That the newly prepared Cemetery By-Law appended to Report MW-2021-02 be
given a first, second and third reading and that the Mayor and Clerk be authorized
to execute the By-Law; and further,
3. That subject to Council’s approval, notice and documentation be sent to the
Bereavement Authority of Ontario for implementation no later than February 1,
2021.
EXECUTIVE SUMMARY
Provincial Legislation, including the Funeral, Burial and Cremation Services Act and
associated Regulations (i.e. O.Reg 30/11) are regularly reviewed and updated based on
change within the “industry”. As such, it is equally important for Cemetery Service
providers to review and update their By-Laws accordingly. The current Cemetery By-
Laws were approved by City Council in 2016, and later amended to include Natural/Green
Burials in July 2018.
In light of recent provincial legislative updates, it was once again time to review and
update Niagara Falls Cemetery Service By-Laws in order to align them with provincial
legislation. At the same time, the review and updates to the proposed cemetery by-laws,
have made the document more accessible when posting or providing electronically.
BACKGROUND
Cemetery By-Laws determine and present the policies that govern the administration,
operation and maintenance of municipal cemeteries. The by-law is a useful public
document outlining the rules and regulations concerning lot sales, interments, cemetery
Page 651 of 947
2 MW-2021-02
January 19, 2021
services, monument restrictions, flower bed regulations, as well as the general
administration and operation of the municipal cemeteries.
A copy of Cemetery By-Laws is issued to the Interment Rights Holder upon purchase of
a cemetery plot, columbarium niche and/or an order of an interment service.
ANALYSIS/RATIONALE
The attached Cemetery By-Law is a complete revision of the current By-Law 2016-24.
The revisions are ultimately based on updates to Provincial Legislation (i.e. Funeral,
Burial and Cremation Services Act and O.Reg 30/11) and with the goal of making our By-
Laws fully accessible digitally. Comments and suggestions were also sought and
received from the general public as well as local Bereavement Professionals (i.e. Funeral
Directors, Monument Dealers, etc.). Additional recommendations were also identified
internally following a review of other municipal cemetery by-laws. These
recommendations were further vetted through Hilton and Associates, the City’s current
consultant working on the Cemetery Master Plan Project.
It should also be noted that the Ministry of Government Services and Consumer Affairs
has already reviewed and commented on the DRAFT Cemetery By-Laws, prior to City
Council’s review and ultimate approval.
Prior to submitting this Report and Proposed Cemetery By-Laws to Council, Cemetery
Services provided the draft By-Laws individually to local funeral service providers and
monument dealers for comment; posted notice/signage at each of our active cemetery
entrances (as per the Bereavement Authorities direction), posted two notices (i.e.
November 27th and December 4th 2020) in the Niagara Falls Review inviting public
comment; and provided the draft by-laws to the Bereavement Authority of Ontario to
ensure the proposed By-Laws were well aligned with Provincial Legislation. Where
necessary and/or reasonable, recommendations received through the review period were
incorporated into the attached Draft 2021 Cemetery Services By-Laws.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Legal Services will be required to assist with the execution of the by-law. Once
established, Staff from Municipal Works, Cemetery Services are charged with dutiful
enforcement of the terms and provisions of the by-law.
CITY’S STRATEGIC COMMITMENT
The recommendations contained within this report are consistent with Council’s 2019-
2022 Strategic Priorities to serve the public through Engaging and Accountable
Government and to provide a Healthy, Safe and Liveable Community.
Page 652 of 947
3 MW-2021-02
January 19, 2021
LIST OF ATTACHMENTS
Copy of the Advertised Notice (also posted at cemetery entrances)
Proposed Cemetery Services By-Laws – 2021 - #
Summary of Comments and Proposed Changes to Cemetery By-Laws
Cemetery By-Law Comments and Changes
Recommended by:
Erik Nickel, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
M. Richardson
Page 653 of 947
FRIDAY, NOVEMBER 27, 2020 STANDARD l REVIEW l TRIBUNE ⎮A5
>>OPINION
WEEKLY NEWS
City of Niagara Falls, 4310 Queen St., Niagara Falls, L2E 6X5
905-356-7521 | niagarafalls.ca
City Closures & Services
During COVID-19
Select services are
available to the public at
City Hall and the MacBain
Community Centre.Visit
niagarafalls.ca for a list
of services that require a
scheduled appointment.
The Gale Centre remains
open for pre-bookings
only.
The Niagara Falls History
Museum is open.
City of Niagara Falls staff
remain available to assist
and serve citizens online
and over the phone during
regular business hours.
For details, please visit
niagarafalls.ca/covid19
Bid Opportunities
For City of Niagara Falls
Bid Opportunities, visit
niagarafalls.ca/bids
For information, or to
apply, visit niagarafalls.ca
We’re Hiring
Procurement Assistant
Closing date:
November 27, 2020
The next meeting will be
held electronically on
December 8, 2020
at 4pm.
niagarafalls.ca/council
City Council Meetings
The City of Niagara Falls is seeking applications from
residents for two new advisory committees:
1. Diversity and Inclusion Committee
2. Anti-Racism Committee
As a member, you will be able to provide advice to City
Council and contribute to the development of initiatives that
will help enhance Niagara Falls’ quality of life.
Learn more and apply at niagarafalls.ca/committees
Apply Now:Two New Committee Opportunities
Senior Plan Examiner
Closing date:
December 11, 2020
The Niagara Falls Farmers’ Market closes for the season
Saturday, November 28th. We want to thank the
community for an amazing Market season! So many of
you showed up and made it a priority to support our local
market vendors.
It was a weekly highlight to come together with our local
growers, bakers and makers. The interim space at MacBain
Community Centre parking lot allowed us to create a
COVID-19 friendly environment for many to enjoy. Thank
you to all the community volunteers and staff that keep
things running smoothly throughout the season.
Farmers’ Market:Closing for the Season!
PUBLIC NOTICE
MUNICIPAL CEMETERIES
THE CITY OF NIAGARA FALLS
The City of Niagara Falls, Cemetery Services has submitted
Amendments to By-law #2016-24 to the Registrar of the
Funeral, Burial and Cremation Services Act, 2002 for the 21
cemeteries owned, operated and/or managed by The City
of Niagara Falls.
Any interested parties may contact Mark Richardson,
Manager of Cemetery Services at 905-354-4721 or
mrichardson@niagarafalls.ca, for more information, or to
view a digital copy of the proposed amended by-law.
These by-laws are subject to the approval of the Registrar
of the Funeral, Burial and Cremation Services Act, 2002.
Tel. Bereavement Authority of Ontario 1-844-493-6356
For more information,
visit niagarafalls.ca
Are You 60+ and Interested in
Research? Growing with Brock
is Looking for Older Adults to
Participate in Online Studies.
Faculty and students in the Psychology
Department at Brock University are
working with older adults to discover
how we grow and change across the
lifespan. Would you like to participate?
You are invited to join Growing with
Brock, a community outreach initiative
that links interested community
members with 5 faculty members
who study aging. As a member you
will be invited to participate in studies
(you can decide to accept or decline
each invitation). You can also receive
newsletters and attend community
talks/webinars. Most studies offer a
small honorarium. If you are interested
in learning more or participating,
please email growing@brocku.ca or
sign-up directly
at www.growingwithbrock.ca/join.
Growing with Brock
Brock University | Centre for Lifespan Development Research
Niagara Region | 1812 Sir Isaac Brock Way
St. Catharines, Ontario L2S 3A1
brocku.ca | T 905 688 5550 x5533
PUBLIC NOTICE
PUBLIC NOTICE
IN THE MATTER OF the City of Niagara
Falls By-law No. 2003-16, as amended by
2005-123, governing the sale of land by the
City of Niagara Falls.
DECLARATION OF SURPLUS
IN THE CITY OF NIAGARA FALLS
AND FURTHER TAKE NOTICE that any person interested in making comments or viewing
and/or participating in this meeting are encouraged to use remote methods to
make representation. To participate in the remote electronic public meeting, please
pre-register with the City Clerk by sending an email to billmatson@niagarafalls.ca
before 12 noon on Monday, December 7th, 2020. All registrants will be provided with
instructions on how to use your computer/ipad to participate in the remote electronic
public meeting. The remote electronic Public Meeting can be live-streamed on the
City’s website at www.niagarafalls.ca/councilvideos.ItwillalsobearchivedontheCity’s
website and available for viewing after the meeting.
Any questions or comments about the proposed declaration of surplus may be directed or
sent to Jordan Hadler, Law Clerk – Real Estate, City Hall, 4310 Queen Street, Niagara Falls,
Ontario, whose telephone number is 905-356-7521 ext. 5209 or jhadler@niagarafalls.ca.
DATED at the City of Niagara Falls, Ontario this 27th day of November, 2020.
LEGAL SERVICES
TAKENOTICETHAT atitsRemoteElectronic
Council Meeting to be held on Tuesday,
December 8th, 2020, at the Council
Chambers,CityHall,4310QueenStreet,inthe
CityofNiagaraFalls,at4:00p.m.,theCouncil
of The Corporation of the City of Niagara
Falls will consider the proposed declaration
of surplus of the following lands:
5017 Victoria Avenue legally described as
Part Block 6 on Plan 1002 as in RO226015,
and, as outlined in yellow on the map to the
right.
THE CORPORATION OF THE CITY OF NIAGARA FALLS
Wrong target over cannabis shop
Re:Plan for street-front cannabis store in
St. Catharines a shock for neighbour, Nov. 22
Calvin Poon’s community interest is
great. But he’s wasting his time petition-
ing the Alcohol and Gaming Commis-
sion of Ontario to stop a cannabis shop
opening.
Ontario regulations forbid cannabis
stores near schools. But absent extraor-
dinary circumstances, AGCO has no
other grounds to block a location. And
there’s nothing extraordinary about be-
ing near residences.
If the neighbours want to petition
someone, target the provincial Conser-
vatives. They designed the cannabis law
to exempt only school areas. Or lobby St
Catharines city hall about the commer-
cial zoning. All kinds of businesses can
open there, including convenience
stores selling tobacco, grocers selling al-
cohol — and now shops selling cannabis.
Michael Armstrong
Associate professor,
Goodman School of Business,
Brock University
If we don’t have our health, what
matter the economy?
Re:Dr. Hirji stands firm on COVID-19
orders, Nov. 17
I have been reading, with growing frus-
tration, numerous articles regarding the
virus, lockdowns and the economy.
The countries that have had success in
keeping some control have used lock-
downs. It has been the only thing that
works.
Here in Canada, lockdowns were im-
posed so our health-care system was not
overwhelmed, because as everyone
knows, on a good day, our hospitals are
taxed to their limits. We all saw the pic-
tures from Italy and Spain and heard the
stories of doctors having to decide which
patient should receive mechanical ven-
tilation. Our governments did not want
to put that burden on our doctors.
Now that case numbers are rising, our
leaders, again, do not want doctors in
that position. As well, they do not want
nurses, PSWs, LPNs and doctors over-
worked and overwhelmed. An over-
worked health-care person will make
mistakes.
To achieve that level of protection, our
leaders have been forced to put more
restrictions in place. It is quite the deli-
cate balancing act to try to keep the
economy functioning while keeping our
workforce healthy and our hospitals
from being overrun. People should stop
complaining and think about the deeper
picture.
Wearing a mask has become a conten-
tious issue. Yes, it is uncomfortable. But
masks work. Would you want the oper-
ating room team to not be wearing a
mask if you had surgery?
Here in Niagara, some restaurant own-
ers have gone as far as to publish the
cellphone number of our public health
doctor. He has been harassed and vague
threats have been made. How shameful.
It is time to grow up and band together.
It is time for economists to be quiet. It is
time to listen to the science. It is time to
be strong. Taking care of each other is
the most important thing right now, if
we do not have good health, the rest does
not matter.
Terry Morocco
Welland
Keep border closed until U.S.
gets handle on virus
It is clear from the continued ravages of
COVID-19 that at home and in the U.S.
we all need to observe stricter contain-
ment measures.
That said, Canada is still doing much
better than America, and hence the bor-
der needs to be kept closed until the U.S.
gets some sort of a handle on the pan-
demic. We might consider, however, hu-
manitarian admission to Canada for ex-
ample of people from Hong Kong, now
subject to arbitrary totalitarian govern-
ment rule from China.
Kaspar Pold
Niagara-on-the-Lake
LETTERS
LETTERS WELCOME
We welcome letters from our readers.
Send them to
letters@niagaradailies.comor mail to
PO BOX 5031 Stn Main, St. Catharines,
Ont., L2R 7T4. Letters may be edited for
length and clarity. Please include your
name, address and phone number for
verification purposes.
Page 654 of 947
Municipal Works
Cemetery Services
By-Law # 2021 - xx
Effective: February 1, 2021
Page 655 of 947
2
CITY OF NIAGARA FALLS
By-Law No. 2021 – xx
A by-law to establish rules and regulations for the City of Niagara Falls municipal
cemeteries.
WHEREAS The Corporation of the City of Niagara Falls owns cemeteries for the benefit
of its residents;
AND WHEREAS the Funeral, Burial and Cremation Services Act, 2002, (FBCSA)
and its regulations imparts responsibility to the owners of cemeteries for their
management, operation and care;
AND WHEREAS section 150(1) of Ontario Regulation 30/11 (O. Reg. 30/11) under the
Funeral, Burial and Cremation Services Act, 2002, provides that the owners of
cemeteries may make by-laws affecting the operation of the cemeteries;
AND WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001, authorize The
Corporation of the City of Niagara Falls to pass by-laws necessary and desirable for
municipal purposes, and in particular paragraphs 5 through 7 of subsection 10(2)
authorize by-laws respecting the economic, social and environmental well-being of the
municipality; the health, safety and well-being of persons; and the provision of any
service or thing that it considers necessary or desirable for the public;
AND WHEREAS section 425 of the Municipal Act, 2001, authorizes The Corporation
of the City of Niagara Falls to pass by-laws providing that a person who contravenes a
by- law of The Corporation of the City of Niagara Falls passed under that Act, is guilty
of an offence;
AND WHEREAS the Municipal Act, 2001, further authorizes The Corporation of the
City of Niagara Falls, amongst other things, to delegate its authority;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. DEFINITIONS
1.1 “Act” shall mean the Funeral, Burial and Cremation Services Act, 2002,
(originally the Cemeteries Act (Revised), R.S.O. 1990, c. C.4), as
amended, and the regulations thereto.
1.2 “By-law” shall mean the rules and regulations under which the Cemetery
and all of its components, facilities and functions operate.
1.3 “Care and Maintenance Fund” is a requirement under the Funeral, Burial
and Cremation Services Act, 2002 (FBCSA) and Ontario Regulation
Page 656 of 947
3
30/11 and 184/12 (O. Reg. 30/11 & 184/12) that a prescribed amount or
a percentage of the purchase price (excluding tax) of all interment and
scattering rights sold, transferred, assigned or permitted; and prescribed
amounts for monuments and markers, is contributed into the care and
maintenance fund. If no scattering rights are sold but scattering is
permitted a prescribed amount must be contributed to the fund when the
scattering is conducted. Interest earned from this fund is used to provide
care and maintenance of lots, plots, markers and monuments at the
cemetery.
1.4 “Cemetery” shall mean land(s) set aside and approved for the interment
of human remains as set out in Schedule “A” to this By-law.
1.5 “Cemetery Services” means services provided by a cemetery operator in
respect of the interment of human remains or the scattering of cremated
human remains at a cemetery and includes such services as may be
prescribed.
1.6 “City” shall mean The Corporation of the City of Niagara Falls.
1.7 “Columbarium” means a structure designed for the purpose of interring
cremated human remains in Niches or compartments.
1.8 “Contract” means the written form of agreement that is required to
purchase Interment Rights and which details the obligations of both
parties and acceptance of this Cemetery By-law. For purposes of these
by-laws, all purchasers of interment or scattering rights, or other cemetery
supplies and services must receive a copy of the contract they and the
cemetery operator have signed detailing the obligations of both parties,
and acknowledging receipt and acceptance of the cemetery by-laws, a
copy of the Consumer Information Guide and the Price List/Fee Schedule.
1.9 “Council” shall mean the Municipal Council of The Corporation of the City
of Niagara Falls.
1.10 “Crypt” shall mean an individual compartment in a mausoleum for the
interment of human remains.
1.11 “Designated Space” shall mean the area of a Lot designated in writing,
from time to time, for the geographic location of Monuments and Markers
by the Manager of Cemetery Services.
1.12 “Fee Schedule” shall mean a list of prices of supplies and services
maintained in accordance with the Act and this By-law.
1.13 “Human Remains” means a dead human body or the remains of a
cremated human body.
Page 657 of 947
4
1.14 “Inter” means the burial of human remains and includes the placing of
human remains in a lot.
1.15 “Interment Rights” includes the right to require or direct the interment of
human remains or cremated human remains in a grave, lot, niche or crypt
and to authorize the installation of a monument or marker.
1.16 “Interment Rights Certificate” shall mean the document issued by the City
to the purchaser, once the Interment Rights have been paid in full,
identifying ownership of the Interment Rights in a Lot.
1.17 “Interment Rights Holder” means the person who holds the interment
rights with respect to a lot whether the person be the purchaser of the
rights, the person named in the certificate of interment or such other person to
whom the interment rights have been assigned.
1.18 “Lot” means an area of land in a cemetery containing, or set aside to
contain, interred human remains and includes a tomb, crypt or
compartment in a mausoleum and a niche or compartment in a
columbarium and any other similar facility or receptacle.
1.19 “Marker” means any monument, tombstone, plaque, headstone,
cornerstone or other structure or ornament affixed to or intended to be
affixed to a burial lot, mausoleum crypt, columbarium niche or other
structure or place intended for the deposit of human remains. .
1.20 “Mausoleum” means a building or structure, other than a Columbarium,
used as a place for the interment of human remains in sealed crypts or
compartments within the Cemetery.
1.21 “Monument” shall mean any permanent memorial structure projecting
above the ground installed to mark the location of an Interment or Lot.
1.22 “Niche” shall mean an individual compartment in a Columbarium for the
inurnment of cremated human remains.
1.23 “Plan” means the geographic plan of the Cemetery, as approved by the
Bereavement Authority of Ontario.
1.24 “Plot” means two or more lots in respect of which the rights to inter have
been sold as a unit. .
1.25 “Register” means electronic or written records maintained by the City in
accordance with the Act.
1.26 “Registrar” means the Registrar approved under the Act.
Page 658 of 947
5
1.27 “Scattering” shall mean the act of spreading cremated remains over a
designated area within a Cemetery with the knowledge and permission of
the Manager of Cemetery Services, and in keeping with this Cemetery
By- law.
1.28 “Third Party Purchaser” means any person who purchases Interment
Rights or Scattering rights upon resale by an Interment Rights Holder, in
accordance with the provisions of this By-law and the Act.
1.29 “Transfer” means to make a gift, bequest or other transfer of Interment
Rights without consideration, as may be permitted under the Act.
2. CEMETERY RULES, REGULATIONS AND GENERAL
INFORMATION Hours of Operation
2.1 The Cemetery shall be open to conduct business as follows:
2.1.1 Office Hours: Monday - Friday, 8:00 a.m. to 4:00 p.m.;
2.1.2 Interment Hours: Monday - Saturday, 9:00 a.m. to 3:00 p.m.; and
2.1.3 Sundays and Holidays (Office and Interments): 10:00 a.m. to 2:00
p.m., strictly by appointment.
Payments and Fees
2.2 Cemetery fees are as set periodically by the City.
2.3 The fees required for Cemetery services are illustrated in the Cemetery
Services Fee Schedule which is available at the Cemetery Office.
2.4 All payments shall be made at the Cemetery Office at Fairview Cemetery.
2.5 A fee will be charged for the exchange or Transfer of Interment Rights
pursuant to this By-law.
2.6 No interment services or supplies shall be furnished until all required
payments have been received in full by the City.
2.7 No Certificate of Interment Rights shall be issued until thirty (30) days
after payment has been received in full.
2.8 A fee will be charged for a disinterment pursuant to this By-law.
2.9 An additional charge will apply for interments held outside of Interment
hours as set out in Item 2.1.2, or on any legal holiday, or on a Sunday.
Page 659 of 947
6
2.10 All fees, including the Marker Care and Maintenance Trust Fee, must be
paid in full prior to the installation of a Monument or Marker.
2.11 Funeral Directors, acting as agents on behalf of Niagara Falls Cemetery
Services, shall be responsible for advising their clients of potential
funeral late charges and all applicable surcharges.
2.12 No tips or gratuities are to be given to City Staff by visitors or Interment
Rights Holders, nor shall any City Staff accept any.
Appointments and Cemetery Staff
2.13 The Chief Administrative Officer of the City shall appoint a Manager of
Cemetery Services who shall, with the assistance of such other
employees and contractors of the City as required, perform the following
duties:
2.13.1 observe and undertake all of the provisions and requirements of
this By-law and the Act;
2.13.2 attend to the regular and proper administration, maintenance and
operation of the Cemeteries; and
2.13.3 perform such other duties as may, from time to time, be required.
General Conduct
2.14 The City shall operate, manage and maintain the Cemeteries.
2.15 City Staff shall preserve order and decorum in each Cemetery.
2.16 Any person disturbing a service, or the quiet and good order of the
Cemetery by noise or other improper conduct, gaming, inappropriate
use/behavior (at the discretion of the Manager of Cemetery Services or
their designee), or who violates this By-law may be expelled from the
grounds. Those found to be in repeat violation of this by-law, may be
expelled from the grounds and charged with Trespassing.
2.17 The City may, at its sole cost and expense, correct any error caused by
the City in administering interments including, without limiting the
generality of the foregoing, errors in describing lots or the Transfer or
conveyance of any Interment Rights. When performing such a correction,
the City may take whatever actions, in the sole discretion of the Manager
of Cemetery Services, it deems appropriate including, without limiting the
generality of the foregoing, canceling a grant or substituting other
Interment Rights for those granted in error, by substitution of a Lot of
reasonably equal value, or refunding all money paid on account for the
transaction involving the error.
Page 660 of 947
7
2.18 In any circumstance in which the Manager of Cemetery Services intends
to exercise the authority to correct errors described above in section 2.18
of this By-law, he or she shall provide such notice to any affected
Interment Rights Holder or other affected persons, as is reasonable in the
circumstances.
2.19 The City, at the discretion of the Manager of Cemetery Services or their
designee, may remove any article that is detrimental to efficient
maintenance or constitutes a hazard to machinery, employees or visitors,
or is unsightly, or does not conform to the natural beauty or design of the
Cemetery.
2.20 Any article so removed pursuant to section 2.20 above, will be held at the
Cemetery for collection. If not collected, it will be disposed of after thirty
(30) days.
2.21 Where there is any doubt as to the interpretation and application of this
By- law or the Plan, the interpretation of City Staff shall govern.
2.22 In the application and administration of this By-law, all procedures and
undertakings will be conducted in accordance with applicable provincial
and federal regulatory instruments and requirements.
2.23 No person shall enter the Cemeteries except through an established
entrance.
2.24 No person shall enter or be within any Cemetery before dawn or after
sundown.
2.25 Sections 2.24 and 2.25 do not apply to members of any police service,
fire service or other emergency service and do not apply to City Staff.
2.26 No person may damage, destroy, remove or deface any property within
the Cemetery including, but not limited to, Markers, Monuments, artifacts,
fences, railings, gates, trees, shrubs, plants or flowers.
2.27 No person shall deposit rubbish (household, yard waste, etc.) on the
grounds of Cemeteries except in the receptacles provided.
2.28 No person shall organize, participate in, or permit a parade other than a
funeral procession or other procession to honour the dead, within the
Cemetery, without the express written permission of the Manager of
Cemetery Services.
2.29 No person shall discharge any firearms on Cemetery property, except at
military funerals.
2.30 No person shall bring any alcoholic beverages upon Cemetery property.
Page 661 of 947
8
2.31 No person shall solicit work of any kind upon Cemetery property.
2.32 All visitors shall be fully clothed at all times.
2.33 All visitors should conduct themselves in a quiet manner that shall not
disturb any service being held.
By-Law Amendments
2.34 The Cemetery shall be governed by this By-law, and all procedures will
comply with the Act and Ontario Regulation 30/11, and any amendment
or replacement thereof.
2.35 This By-law and any amendments thereto are subject to the approval of
the Registrar, Bereavement Authority of Ontario (BAO).
2.36 The cemetery shall be governed by these by-laws, and all procedures will
comply with the FBCSA and O. Reg. 30/11 and 184/12, which may be
amended periodically.
2.37 All by-law amendments must be:
2.37.1 Published once in a newspaper with general circulation in the
locality in which the cemetery is located;
2.37.2 Conspicuously posted on a sign at the entrance of the cemetery;
2.37.3 Delivered to each supplier of markers who has delivered a marker
to the cemetery during the previous year, if the by-law or by-law
amendment pertains to markers or their installation; and
2.37.4 All by-laws and by-law amendments are subject to the approval of
the Registrar, FBCSA and BAO.
Liability
2.38 The Manager of Cemetery Services and City Staff will not be held liable
for any loss or damage, without limitation (including damage by the
elements, acts of God, or vandals), to any Lot, Plot, Columbarium Niche,
Mausoleum Crypt, Monument, Marker, or other article that has been
placed in relation to Interment Rights, save and except for direct loss or
damage caused by gross negligence of the City.
Page 662 of 947
9
Public Register
2.39 The City shall maintain an electronic and/or written public Register
pursuant to the provisions of Section 110 of Ontario Regulation 30/11 and
any amendment or replacement thereof.
2.40 Section 110 of O. Reg. 30/11 requires all cemeteries and crematoriums
to maintain an electronic and/or written public register that is available to
the public during regular office hours.
Pets or Other Animals
2.41 No person shall permit an animal/pet to enter or remain in a cemetery
except an animal/pet that is leashed and under the control of a person in
accordance with the City’s Animal Care and Control By-Law No. 2019-35.
2.42 No person shall bury the remains of an animal in a Cemetery.
Vehicular and Pedestrian Traffic
2.43 When operated within a Cemetery, motor vehicles shall travel exclusively
over or upon the paved roadways of a Cemetery.
2.44 Motor vehicles shall not be operated within a Cemetery at a speed greater
than twenty (20) kilometers per hour.
2.45 Any form of wheeled or mechanized transportation including, without
limiting the generality of the foregoing, bicycles, roller blades and
skateboards, when ridden or operated within a Cemetery, shall be ridden,
used or operated exclusively upon or over the paved roadways of the
Cemetery.
2.46 When walking, jogging or running within a Cemetery, pedestrians shall
walk, jog or run exclusively upon or over the paved roadways of the
Cemetery.
2.47 All-terrain vehicles or snowmobiles may not be operated within a
Cemetery for the purpose of amusement.
2.48 Any person travelling through a Cemetery must obey the instructions of
City Staff and any traffic signs posted or erected by the City.
Page 663 of 947
10
Right to Re-Survey and Re-Configure
2.49 The City may, at any time, re‐survey, enlarge, diminish, re‐plot, change
or remove plantings, grade, close pathways or roads, alter in shape or
size, or otherwise change all or any part of the Cemetery, subject to
approval of the appropriate authorities.
Gifts to the Cemetery
2.50 All trees and structural gifts such as benches, birdbaths and sundials, as
donations or elements in a donated area, must be approved by the
Manager of Cemetery Services and become the property of the City.
Once installed, donated structures cannot be removed, painted or
adjusted, in any way or form, by individuals. They are located at the
approval of the Manager of Cemetery Services, although every effort will
be made to accommodate the request(s) of the donor. The donation is
recognized for the lifetime of the plant or item. The City accepts no
responsibility for damage, loss or replacement of any donated items.
3. INTERMENT RIGHTS
3.1 Subject to availability of Lots, Interment Rights may be purchased from
the City. The rates for Interment Rights include the portion specified by
the Act for deposit to the Cemetery’s Care and Maintenance Fund.
3.2 Purchasers of Interment Rights acquire only the right to direct the
Interment of human remains and the installation of Monuments, Markers
and inscriptions, subject to the conditions set out in this Cemetery By-law.
In particular, without limiting the generality of the foregoing, an Interment
Right is not any form of real property right.
3.3 Upon payment in full, the City shall provide each purchaser of Interment
Rights with:
3.3.1 a copy of the BAO’s Consumer Information Guide;
3.3.2 a copy of the Cemetery By-law; and
3.3.3 a Certificate of Interment Rights or Scattering rights.
3.4 In accordance with this Cemetery By-law, no Interment, or installation of
any Monument, Marker, inscription, or memorialization is permitted until
the Interment Rights have been paid in full.
3.5 An Interment Rights Certificate will be issued to the Interment Rights
Holder thirty (30) days after payment has been made in full.
Page 664 of 947
11
3.6 Minors will not be permitted to purchase Interment Rights unless legally
identified as the head of the family.
3.7 No person shall purchase Interment Rights or Scattering rights for the
sole or primary purpose of reselling the rights with a view to making a
financial gain. The Interment Rights or Scattering rights may not be sold
to Third Party Purchasers for more than the price set out in the then
current Fee Schedule.
3.8 An Interment Rights Holder wishing to resell their Interment Rights must
first advise the Manager of Cemetery Services of their intention, prior to
seeking a third party buyer for their Interment Rights. The City (i.e.
Manager of Cemetery Services) reserves the first right of refusal to
repurchase the Interment Rights.
3.9 Only the Interment Rights Holder will be permitted to resell and/or transfer
Interment Rights. In the cases of Transfer by Will or bequest, the Manager
of Cemetery Services shall have the right, in his or her sole discretion, to
require the production of a notarized copy of the Will or other evidence
sufficient to prove ownership.
3.10 Any Interment Rights which are sold by the City and not used for interment
purposes after a twenty (20) year period may be considered abandoned.
The City may apply to the Registrar appointed under the Act for a
declaration that the Interment Rights are abandoned, after making
inquiries and giving reasonable notices to find the Interment Rights Holder
or beneficiaries. Upon being satisfied the rights are abandoned, the
Registrar shall issue a declaration to the effect. If there is no appeal by the
end of the time period allowed for appeal, the City may resell the Interment
Rights.
3.11 Cemetery Staff will make reasonable efforts to accommodate
testamentary directions of rights holders provided such testamentary
directions do not conflict with any statutes, rules and regulations including,
without limiting the generality of the foregoing, the rules and regulations
set out in this By- law.
3.12 Persons requesting interments in Lots shall be held responsible for
charges incurred, as agreed to in the Contract.
Cancellation of Interment Rights within thirty (30) Day Cooling‐Off Period
3.13 If an Interment or Scattering has not taken place, the purchaser has the
right to cancel an Interment Rights Contract within thirty (30) days of
signing the Interment Rights Contract, by providing written notice of the
cancellation to the Manager of Cemetery Services.
Page 665 of 947
12
3.14 The Manager of Cemetery Services will, in turn, refund all monies paid by
the purchaser within thirty (30) days from the date of the request for
cancellation.
Cancellation of Interment Rights after the thirty (30) Day Cooling‐Off
Period
3.15 Upon receiving written notice of cancellation from the purchaser of the
Interment Rights, the Manager of Cemetery Services will cancel the
Contract and issue a refund to the purchaser for the amount paid for the
Interment (or Scattering) Right, less the appropriate amount that is
required to be deposited into the Care and Maintenance Fund.
3.16 This refund will be made within thirty (30) days of receiving said notice of
cancellation. If the Interment Rights Certificate has been issued to the
Interment Rights Holder, the Certificate must be returned to the Manager
of Cemetery Services, along with the written notice of cancellation.
3.17 If any portion of the Interment Rights has been exercised, the purchaser,
or the Interment Rights Holder, is not entitled to cancel the Contract or
resell the Interment Rights.
Resale of Interment Rights after thirty (30) Day Cooling‐Off Period
3.18 Unless the Interment Rights have been exercised, the purchaser retains
the right to cancel the Contract or resell the Interment Rights.
3.19 Once payment for the Interment Rights has been made in full, and an
Interment Rights Certificate has been issued, the Interment Rights
Holder, as recorded on the Cemetery records, has the right to resell the
Interment Rights.
3.20 Any resale of the Interment Rights shall be in accordance with the
requirements of this Cemetery By-law and in keeping with the Act.
3.21 If any portion of the Interment Rights has been exercised, the purchaser,
or the Interment Rights Holder is not entitled to resell the Interment Rights
unless otherwise approved by the Manager of Cemetery Services.
3.22 The City reserves the first right of refusal to repurchase the Interment
Rights.
Resale of Interment Rights to a Third Party
3.23 An Interment Rights Holder must first offer the Interment Rights to the
City. If the City does not wish to repurchase the Interment Rights, the
Interment Rights may be sold privately to a third party for no more than
Page 666 of 947
13
the current price listed on the Cemetery price list, as long as the sale or
Transfer is conducted through the City (i.e. Cemetery Services) and the
purchaser meets the qualifications and requirements as outlined in the
City’s Cemetery By-law.
3.24 The Interment Rights Holder intending to sell his or her right shall provide
the following documents to the City, so that the Manager of Cemetery
Services can confirm the ownership of the right and provide the Third
Party Purchaser with the required Certificate, etc.:
3.24.1 an Interment Rights Certificate endorsed by the current rights
holder;
3.24.2 a written statement of the number of Lots that have been used in
the Plot and the number of Lots that remain available; and
3.24.3 any other documentation in the Interment Rights Holder’s
possession relating to the rights.
3.25 The Third Party Purchaser will be provided with the following documents
by the Manager of Cemetery Services:
3.25.1 an Interment Rights Certificate endorsed by the current Interment
Rights Holder;
3.25.2 a copy of the Cemetery’s current By-law;
3.25.3 a copy of the Cemetery’s current Fee Schedule;
3.25.4 a copy of the BAO’s Consumer Information Guide;
3.25.5 a written statement of the number of Lots that have been used in
the Plot and the number of Lots that remain available; and
3.25.6 any other documentation in the Interment Rights Holder’s
possession relating to the rights.
3.26 The Manager of Cemetery Services will:
3.26.1 require a statement signed by the Interment Rights Holder selling
the Interment Rights, acknowledging the sale of the Interment
Rights to the Third Party Purchaser;
3.26.2 require confirmation that the person selling the Interment Rights is
the person registered on the Cemetery records and that he or she
has the right to resell the Interment Rights;
Page 667 of 947
14
3.26.3 record the date of Transfer of the Interment Rights to the third
party;
3.26.4 require the name and address of the Third Party Purchaser; and
3.26.5 issue a statement of any money owing to the City in respect to the
Interment Rights.
3.27 Once the endorsed Certificate and all required information has been
received from the Interment Rights Holder, and full payment has been
received by the City, the Manager of Cemetery Services will issue a new
Interment Rights Certificate to the Third Party Purchaser.
3.28 Upon completion of the above listed procedures, and upon the issuance
of the new Interment Rights Certificate, the Third Party Purchaser or
transferee(s) shall be considered the current Interment Rights Holder of
the Interment Rights, and the resale or Transfer of the Interment Rights
shall be considered final in accordance with this Cemetery By-law and the
Act.
3.29 The Third Party Purchaser will be required to pay an administration fee
for the issuance of a duplicate Certificate in accordance with the current
Cemetery Fee Schedule.
Care and Maintenance Fund Contributions
3.30 As required by sections 166 and 168 of O. Reg. 30/11, a percentage of
the purchase price of all Interment Rights, and a prescribed amount of
Twenty-Five Dollars ($25.00) where there was no Scattering rights sold,
and a prescribed amount for Monuments and Markers, is contributed into
the Care and Maintenance Fund. Income from this fund is used to provide
only general care and maintenance of the Cemetery. Contributions to the
Care and Maintenance Fund are not refundable except when Interment
Rights are cancelled within the thirty (30) day cooling off period.
3.31 In the cases of Lots/Plots, purchased before 1955, a contribution (as
outlined in the Cemetery Fee Schedule) to the Care and Maintenance
Fund will be collected at the time of each interment.
Page 668 of 947
15
4. INTERMENTS, INURNMENTS, SCATTERING AND DISINTERMENTS
Interments, Inurnments and Scattering
4.1 The Interment Rights Holder must provide written authorization prior to an
Interment or Scattering taking place. Should the Interment Rights Holder
be deceased, authorization must be provided in writing by the person
authorized to act on behalf of the Interment Rights Holder (i.e. Estate Trustee or
Executor).
4.2 In the absence of an Estate Trustee and/or Executor, the City will
recognize the following people, in the order of preference, as being the
“personal representative” of the Interment Rights Holder:
4.2.1 spouse of the deceased;
4.2.2 children of the deceased (if more than one child, all must agree);
4.2.3 grandchildren of the deceased if no child is living (if more than
one grandchild, all must agree); and
4.2.4 great-grandchildren of the deceased if no child or grandchild is
living (and so on if there is a lineal descendant).
4.3 If the deceased has no children, the order of preference is:
4.3.1 the father of the deceased;
4.3.2 the mother of the deceased;
4.3.3 the brothers and/or sisters of the deceased;
4.3.4 the grandparent or grandparents of the deceased; and
4.3.5 the uncles, aunts, nephews, nieces and great grandparents of the
deceased.
4.4 A Burial Permit issued by the Registrar General or equivalent document
showing that the death has been registered with the province must be
provided to the Cemetery Office prior to an Interment taking place. A
Certificate of Cremation must be submitted to the Cemetery Office prior
to the Interment of cremated remains or Scattering of cremated remains
taking place.
4.5 Where the party requesting the interment activity is unable to provide
evidence of ownership, the Manager of Cemetery Services may require
the party requesting the interment to sign a waiver saving the City
harmless from all subsequent claims from such interment activity.
Page 669 of 947
16
4.6 In accordance with the Act, the purchaser of Interment Rights must enter
into a Cemetery Contract, providing such information as may be required
by the Manager of Cemetery Services for the completion of the Contract
and the public Register, prior to each Interment of human remains, or each
Scattering of cremated human remains.
4.7 Interments shall take place only if weather and ground conditions permit,
in the sole discretion of the City.
4.8 All interment scheduling is conducted by the City, based upon location,
weather, City Staff availability and the number of services requested by
the Interment Rights Holder.
4.9 Unless otherwise approved by the Manager of Cemetery Services, the
City shall be given at least three (3) days’ (72 hours) notice for ordering
the opening of an Interment (in-ground or Niche) of human remains or
Scattering of cremated human remains.
4.10 The opening and closing of Lots or the Scattering of cremated remains
may only be conducted by Cemetery Staff or those designated to do work
on behalf of the Cemetery.
4.11 A Scattering rights Contract must be completed and the payment of the
Scattering fee must be received before the Scattering of cremated human
remains can take place.
4.12 Once scattered, cremated remains cannot be retrieved.
4.13 All funerals within the Cemeteries shall be under the jurisdiction of the
Manager of Cemetery Services. No funeral service shall be held and no
interment, inurnment or scattering shall be made in Cemeteries on
Nationally designated holidays unless ordered by the Medical Officer of
Health or otherwise approved by the Manager of Cemetery Services.
4.14 Neither the City nor the Manager of Cemetery Services or City Staff shall
assume any responsibility for errors in the location of an interment site
that is a result of improper instructions by the Interment Rights Holder, or
his or her designate.
4.15 No Interment Rights Holder shall change the grading of any Lot, and in
the case of any such change, the City may restore the Lot to its original
grade at the expense of the Interment Rights Holder.
4.16 No unauthorized person shall sod or move Corner Posts or Lot Markers.
4.17 Implements or materials used in doing any work within the Cemetery shall
not be left unattended and may be removed by the City, if so found.
Page 670 of 947
17
4.18 No interment equipment, except that provided by the City, shall be used,
except that where burial vaults and liners are used, same shall be
installed by a supplier who shall use his own equipment. An outer
case/vault/liner must be installed at least five (5) hours before the
interment service takes place. The supplier shall be responsible for any
damage to the grounds or casket caused due to the supplier’s equipment
or operator error.
Multiple Interments/Inurnments
4.19 Only one (1) full casket Interment per casket Lot is allowed.
4.20 Extra depth or double depth Interments are not permitted in any Cemetery
unless otherwise permitted by the Manager of Cemetery Services. In the
event of a double depth Interment, the use of a vault/liner/container is
strongly recommended on the first interment.
4.21 Up to four (4) cremated human remains may be interred in a Cremation
Plot.
4.22 Up to five (5) cremated human remains may be interred in an adult single
Lot if no full body Interment takes place.
4.23 Up to four (4) cremated human remains may be interred on top of an
already existing full body Interment.
4.24 Only one (1) cremated human remains interment is permitted on top of an
already existing full body Interment in a Veteran Lot.
Scattering
4.25 Scattering shall take place within the confines of the “Remembrance
Garden” and “Memorial Woods” Scattering areas at Fairview Cemetery
unless otherwise approved by the Manager of Cemetery Services.
Cremated human remains shall be scattered or placed in the ground
without the use of urns or containers of any kind.
4.26 No person shall place, install or otherwise locate a Monument, urn,
Marker or other object, other than cremated human remains, within the
“Remembrance Garden” or “Memorial Woods”.
Disinterment
4.27 Human remains may be disinterred from a Lot provided that the written
consent (authorization) of the Interment Rights Holder has been received
by the Manager of Cemetery Services.
Page 671 of 947
18
4.28 All disinterments shall be in accordance with the Act and its regulations.
A Burial Certificate under the Vital Statistics Act is not required to reinter
human remains that have been disinterred in accordance with the Act and
its regulations.
4.29 Disinterments shall be arranged through a funeral director. The local
Medical Officer of Health must be notified before the removal of casketed
human remains may take place.
4.30 Funeral Directors are responsible for the scheduling of all disinterments
and all costs relating thereto including, casket/urn/vault removal and
urn/vault sealing and resealing, together with any and all costs charged
by the Niagara Regional Health Unit for its approval of the disinterment
and its attendance upon same.
4.31 A certificate from, and/or notification to, the local Medical Officer of Health
is not required for the removal of cremated remains.
4.32 Any flush or upright Markers or Monuments designating the location of an
interment shall be removed from the Interment site at the time a
disinterment is made. The expense shall be borne by the Interment Rights
Holder.
4.33 In special circumstances, the removal of human remains may also be
ordered by certain public officials without the consent of the Interment
Rights Holder and/or next of kin as per FBCSA, Section 102.1. Unless
otherwise ordered by the Coroner’s Office, the disinterment of human
remains shall only be performed between May 1st and November 1st of each
year and when conditions, in the opinion of the Manager of Cemetery
Services, are suitable to guarantee that a safe removal can take place.
5. MONUMENTS, MARKERS, STATUES AND FOUNDATIONS
Monuments and Markers
5.1 The Interment Rights Holder shall be permitted to erect a Monument and
maintain a flower bed in accordance with the provisions of this By-law at
any time after having received an Interment Rights Certificate from the
City.
5.2 No memorial or other structure shall be erected or permitted on a Lot until
all charges have been paid in full.
5.3 No Monument, footstone, Marker or memorial of any description shall be
placed, moved, altered, or removed, without permission from the
Manager of Cemetery Services.
Page 672 of 947
19
5.4 The Manager of Cemetery Services will take reasonable precautions to
protect the property of Interment Rights Holder, but it assumes no liability
for the loss of, or damage to, any Monument, Marker, or other structure,
or part thereof.
5.5 The regulations governing Monuments and Markers shall be as set out in
Schedule “B” to this By-law.
5.6 No person shall install, erect or permit the installation or erection of a
Monument or Marker that does not comply with any provision of this By-
law or the regulations governing Monuments or Markers, as set out in Schedule
“B” to this By-law.
5.7 Should any Monument or Marker present a risk to public safety because
it has become unstable, the Manager of Cemetery Services shall do
whatever he or she deems necessary by way of repairing, resetting, or
laying down the Monument or Marker or any other remedy so as to
remove the risk.
5.8 The Manager of Cemetery Services reserves the right to remove, at its
sole discretion, any Marker, Monument, or inscription which does not
comply with the regulations governing Markers and Monuments or which
is not in keeping with the dignity and decorum of the Cemetery.
5.9 A Monument, private mausoleum, or other structure shall be erected only
after the specific design plans have been approved by the Manager of
Cemetery Services including, dimensions, material of structure,
construction details, and proposed location.
5.10 No Monument shall be delivered to the Cemetery for installation until the
Monument foundation has been completed, and the Interment Rights
Holder and/or Monument/Marker retailer have been notified by the
Manager of Cemetery Services.
5.11 Minor damage of the base portion of a Marker due to Cemetery operations
is considered to be normal wear and tear and is not compensable.
5.12 Markers for installations will be accepted at the Cemetery during normal
hours of operation. If weather and ground conditions permit, installations
will be made within twenty (20) working days of acceptance.
5.13 Markers will not be accepted from any Monument dealer for storage
during the winter months.
5.14 Marker installation will be completed between April 30th and November
1st, unless the installation of an individual Marker is expressly approved
in writing by the Manager of Cemetery Services.
Page 673 of 947
20
5.15 All photographs attached to any memorials or placed within the Cemetery
grounds shall be the sole responsibility of the owner. Photographs which
are loose or are of a nature, or placed in a manner, unfitting for the
Cemetery, may be removed by the City.
6. FLOWER BEDS AND DECORATIONS
Lot Decorations and Flower Bed Borders
6.1 No person shall plant trees, flower beds or shrubs in the Cemetery without
the express and written approval of the Manager of Cemetery Services.
6.2 Flowers placed on a Lot for a funeral shall be removed by the Cemetery
Staff after a reasonable time to protect the sod and maintain the tidy
appearance of the Cemetery.
6.3 The City reserves the right to regulate the articles placed on Lots or Plots
that pose a threat to the safety of all Interment Rights Holders, visitors to
the Cemetery, and Cemetery employees; prevents the City from
performing general Cemetery operations; or are not in keeping with the
respect and dignity of the Cemetery. Prohibited articles will be removed
and disposed of without notification.
6.4 Prohibited articles include, but are not limited to, articles made of
hazardous materials including, but not limited to, non‐heat resistant glass
(excludes glass attached to Monuments), ceramics, or corrosive metals;
loose stones or sharp objects; trellises or arches; chairs or benches; and
flammable materials.
6.5 The City reserves the right to inscribe all Niche fronts or install all lettering,
vases, adornments, or any other approved attachment.
6.6 Those who place potted plants or urns are responsible for their upkeep
and must remove them by September 30th of each year, failing which the
City will have them removed.
6.7 Borders are installed at the Interment Rights Holder’s own risk and shall
remain at the Interment Rights Holder’s own risk throughout the
operational life of the border. Due to maintenance and the general
operation of the Cemetery, Staff will not be responsible for breakage or
damage of any kind.
Page 674 of 947
21
Plant Materials
6.8 Neither the City nor City Staff shall be responsible for any damage or
removal of plant materials.
6.9 Planting and maintenance of flower beds is the responsibility of the
Interment Rights Holder, and flowers, trees, bushes, etc. are planted at
the risk of the Interment Rights Holder.
6.10 Bushes, shrubs, trees, unsightly plant material, or Lot decorations that are
obstructing a Monument; are encroaching on an adjoining Lot; or are a
hindrance to the maintenance and operation of the Cemetery will be
removed at the discretion and direction of the Manager of Cemetery
Services.
6.11 Lot decorations and plant material are placed in a Plot or single Lot at the
risk of the Interment Rights Holder. Cemetery Staff and/or the City are not
responsible for any damage or removal.
6.12 The Flower Bed Standards and Regulations shall be as set out in
Schedule “C” to this By-law.
6.13 No person shall install flower beds or permit the installation of flower beds
that do not comply with any provision of this By-law or the regulations
governing flower beds as set out in Schedule “C” to this By-law.
7. CONTRACTOR/MONUMENT DEALER BY-LAWS
7.1 Any contract work to be performed within the Cemetery requires the
written preapproval of the Interment Rights Holder and the Manager of
Cemetery Services, before the work may begin.
7.2 Preapproval is required for work including, but not limited to, landscaping,
delivery of Monuments and Markers, and undertaking inscriptions,
designs and drawings on Monuments and Markers.
7.3 Plans and detailed specifications relating to the work, proof of all
applicable government approvals and permits, and the location of the
work to be performed must be provided by the contractor prior to
performing said work.
7.4 It is the responsibility of all contractors to report to the Cemetery Office
and provide the necessary approvals before commencing work at any
location on the Cemetery property.
7.5 Prior to the start of any said work, contractors must provide proof of (any
or all may apply depending on your specific operation):
Page 675 of 947
22
7.5.1 WSIB coverage;
7.5.2 Occupational Health and Safety compliance standards;
7.5.3 Environmental Protection;
7.5.4 WHMIS; and
7.5.5 Evidence of liability insurance of not less than Five Million Dollars
($5,000,000).
7.6 This Cemetery By-law applies to all contractors and all work carried out
by contractors within the Cemetery grounds.
7.7 Contractors, Monument dealers and suppliers shall not enter the
Cemetery in the evening, weekends or statutory holidays, unless approval
has been granted by the Manager of Cemetery Services.
7.8 No work will be performed at the Cemetery except during the regular
business hours of the Cemetery.
7.9 Contractors shall temporarily cease all operations if they are working
within one hundred (100) metres of a funeral until the conclusion of the
service. The City reserves the right to temporarily cease contractor
operations, at its sole discretion, if the noise of the work being performed
by the contractor is deemed to be a disturbance to any funeral or public
gathering within the Cemetery.
7.10 Contractors, Monument dealers and suppliers shall lay wooden planks on
the Lots and paths over which heavy materials are to be moved, in order
to protect the surface from damage. Costs for repair of damages will be at
the expense of the contractor, worker or supplier.
7.11 All implements and materials used in the performance of any work shall
be placed as directed by the City, and all rubbish and surplus earth or
materials shall be removed when, and to where, and in such manner as
the City may direct.
7.12 In the event the City’s directives are not followed, the obstructions may
be removed at the contractor’s, worker’s or supplier’s expense.
7.13 If any person or company desires to set a flat Marker, they must make
written arrangements as to time of installation with Cemetery Staff. A
representative of the City must supervise all work, and the installer shall
pay to the City, the prescribed installation fee as established in the Fee
Schedule.
Page 676 of 947
23
7.14 All workers in any capacity within the Cemeteries, whether as Monument
dealers, vault suppliers, funeral directors, etc., are subject to the direction
and control of the Manager of Cemetery Services.
7.15 Any person working without the permission or authorization of the
Manager of Cemetery Services, or in contravention of this By-Law, will be
removed from the Cemetery property.
8. ENFORCEMENT AND PENALTIES
8.1 In the event any provisions of this By-law are deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions shall remain in full force and effect.
8.2 Where a specific penalty is not provided for an offence under the Act, any
person who contravenes any of the provisions of this By-law shall, upon
conviction, be liable for a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P.33, as amended.
9. GREEN/NATURAL BURIAL SECTION(S)
9.1 Green/Natural Burial Site: the green/natural burial section of the cemetery
has been designed and implemented in a way that demonstrates regard
for the natural state of the earth, landscape and accompanying elements.
Each green/natural Interment Lot allows for one interment right for human
remains.
9.2 The Body: the deceased must be free from embalming solutions.
9.3 Grave Opening Preparation: graves are identified only by a numbered
marker. Cemetery Services will take all reasonable precautions to open
the grave in the least disturbing manner to the surrounding environment.
Graves will not be dressed with decorative cemetery greens unless a
request is made for this service. Cemetery Services will provide a rough
cut (i.e. wildflowers and grasses cut no lower than ten inches from the
ground) pathway to the grave.
9.4 Casket or Container for Full Body Interment: the casket, shroud or
representative container specified for Interment of human remains shall
be; 1. Composed of sustainable and fully biodegradable fibers or
materials. 2. Free of non-biodegradable resins, glues or bonding agents.
3. Composed of interior finishing fabricated from biodegradable fibers or
materials. 4. Free from high gloss finish lacquers, paints or prepared
surfaces that are non-biodegradable. 5. Free of any interior liner, bag or
wrapping that is fabricated from a non-biodegradable material. 6. Free of
Page 677 of 947
24
any memento, article or personal belonging that is composed of non-
biodegradable materials. 7. Fashioned to include a supportive bottom that
is stable and strong enough to be transported and placed on a grave set-
up lowering device. The supportive bottom must be similarly made from
sustainable and biodegradable materials.
9.5 Container for Cremated Remains Interment: the representative container
specified for burial of cremated human remains shall be; 1. Composed of
sustainable and fully biodegradable fibers or materials. 2. Free of non-
biodegradable resins, glues or bonding agents. 3. Composed of interior
finishing fabricated from biodegradable fibers or materials. 4. Free from
high gloss finish lacquers, paints or prepared surfaces that are non-
biodegradable. 5. Free of any interior liner, bag or wrapping that is
fabricated from a non-biodegradable material. 6. Free of any memento,
article or personal belonging that is composed of non-biodegradable
material.
9.6 Containers: in addition, interment containers said to be of primary
composition of plywood, particleboard or any other non-sustainable/non-
biodegradable materials are prohibited from use in the green/natural
burial section. The Manager of Cemetery Services, or authorized
representative, will have ultimate decision on approval of a casket, shroud
or representative container for an interment in a green/natural burial
section.
9.7 Interment Process: the interment will take place as a direct Interment.
Cemetery Services will lower the interment container into the earth by
means of a standard lowering device. Earth will be either available on site
or brought grave side to complete the interment. Efforts will be made to
return the same earth back into the grave as was excavated.
9.8 Witnessing the Interment: the Manager of Cemetery Services may limit
the number of witnesses to an interment service in the green/natural
burial section due to any reason of preserving the environmental sanctity
or health and safety of those persons attending the interment. All
attendees will be under the supervision of Cemetery Services during the
interment proceedings.
9.9 Unrecoverable Status: interred human remains or cremated human
remains shall be considered non-recoverable from the interment date, and
Cemetery Services shall have no obligation to recover the remains unless
ordered by the provisions of legislation, regulation or court document. In
the case of the Cemetery Services being ordered to recover human
remains or cremated human remains, the Manager of Cemetery Services
will hold the authorizing party accountable for all fees associated with the
work performed.
Page 678 of 947
25
9.10 Re-establishing the Burial Site: the burial site will be allowed to naturally
settle over time. The earth will be over-seeded with a recognized
wildflower seed mix after the interment process is completed and
thereafter with re- establishment of soil grade levels through the natural
settlement process. Where possible, native trees and shrubs will also be
planted. At the discretion of the Manager of Cemetery Services, families
may request for a native “Memorial Tree” to be planted on, or near to the
lot.
9.11 Memorialization: for green/natural burial, the practice of individual
memorialization will not be permitted. A communal memorial stone that is
sourced naturally will be used to establish simple inscriptions. All
inscriptions must be approved by the Manager of Cemetery Services, or
authorized representative, before being inscribed on the communal
memorial stone. Each inscription will follow sequentially with one line
provided for the name of the deceased and one line for the year of
birth/death of the deceased. No emblems or design elements will be
inscribed beyond the name and dates named above. Every inscription will
be uniformly directed by the Manager of Cemetery Services in regard to
lettering size, font and occupied space. All inscriptions will be processed
by Cemetery Services in terms of timing of work, establishing the
contractor used to perform the work and fees for service.
9.12 Keeping a Clear Site: no other memorials, flowers, articles or personal
effects may be left behind at the green/natural burial section. Any said
flowers, articles or personal effects found in the green/natural burial
section will be removed and stored by Cemetery Services for collection.
If not collected, it will be disposed of after thirty (30) days. Cemetery
Services retains the right to limit access to pedestrians or vehicles into
the green/natural burial section in keeping of the environmental
sensitivities within the site.
9.13 Maintenance of the site: no regular maintenance will be performed on the
green/natural burial site. The wild flower mix may be mowed, or a
prescribed burn may be implemented, to control the invasion of non-
native species and promote the health of native species. The site will be
left to naturally evolve and develop with minimum disturbances. Native
trees and shrubs may be planted at the discretion of the Manager of
Cemetery Services. No watering or fertilizing will take place of the seeded
areas. The Manager of Cemetery Services will have ultimate authority to
manage, maintain and alter the interment areas, communal memorial
stone and pathways at his/her sole discretion.
Page 679 of 947
26
10. REPEAL AND EFFECTIVE DATE
10.1 By-law Nos. 2016-24 and 2016-76 of The Corporation of the City of
Niagara Falls are hereby repealed.
10.2 This By-law, upon approval by City Council and the Registrar of Funeral,
Burial and Cremation Services Act, 2002, shall take effect on February 1,
2021.
11. GENERAL
11.1 The Schedules “A” through to and including “C” to this By-law are to be
read as and shall form part of this By-law.
Read a first, second, third time and passed. Signed and sealed in open Council
this 19th day of January, 2021
………………………………………. ……………………………………….
William G. Matson, City Clerk James M. Diodati, Mayor
Page 680 of 947
Schedule A
Municipal Cemeteries Inventory
Page 681 of 947
Municipal Cemeteries Inventory
The City of Niagara Falls administers, operates and maintains a number of Active and
Non-active Cemeteries within the City limits.
Active Cemetery: Interment Rights are sold and interments continue to take place.
Semi-Active Cemetery: Interment Rights are not sold, however interments in
previously sold lots may take place.
Non-Active Cemetery: Interment Rights are no longer sold and burials no longer take
place, however the cemetery continues to be maintained by the City.
The following inventory lists the City’s Active, Semi-Active and Non-active cemeteries:
ACTIVE CEMETERIES
CEMETERY NAME LOCATION
All Saints Church Cemetery Robinson St. & Grey Ave.
Fairview Cemetery Stanley St. & Morrison St.
Lundy’s Lane Cemetery Lundy’s Lane & Montrose Rd.
(lot 132)
Stamford Green Heritage
Columbarium (Old St. John’s
Anglican Church)
Portage Rd. & Brooks St.
Stamford Presbyterian Burial
Grounds
St. Paul St. & Brock St.
Willoughby United Congregational
Church Cemetery
Sauer Rd. & Ort Rd.
SEMI-ACTIVE CEMETERIES
CEMETERY NAME LOCATION
Drummond Hill Cemetery Buchner Place at Drummond Rd.
Willoughby United Congregational
Church Cemetery
Sauer Rd. & Ort Rd.
Page 682 of 947
NON-ACTIVE CEMETERIES
CEMETERY NAME LOCATION
Byer Burial Ground Bossert Rd. at Niagara Pkwy.
(lot 8, conc. 1)
Dell Cemetery Rexinger Rd. at Willodell Rd.
(lot 7, conc. BF)
Gonder Burial Ground Willoughby Dr. at Sherk Rd. - across
Miller Creek
(lot 6, conc. 1)
Lampman Burial Plot Garner Rd. at Shriners Creek
Lapp Cemetery Detenbeck Rd. at Niagara Pkwy
(lot 11, conc. 1)
Lundy’s Lane United Church
Cemetery
Lundy’s Lane & Lowell Ave.
Lutz Burial Ground Miller Rd. at Niagara Pkwy
(lot 15, conc. 1)
Lyon’s Creek Cemetery Old Lyon’s Creek Rd. & Schisler Rd.
(lot 2, conc. 4)
McCredie (Misoner) Burial Plot McCredie Rd. at Willodell Rd.
(lot 13, conc. 7)
Miller (1) Cemetery 9841 Niagara Pkwy
(lot 17, NPC Sew. Rd. 26)
Miller (2) Burial Ground Montrose Rd. at Ridge Rd.
(lot 1, conc. 7)
Willick Burial Ground Detenbeck Rd. & Sodom Rd. - near
Willoughby Town Hall (lot 11, conc.
3)
Redmond Burial Ground Lundy’s Lane & Hanan Ave.
Young Cemetery Grassy Brook Rd. at McKenny Rd.
(lot 10, conc. BF)
Page 683 of 947
Schedule B
Monument and Marker Procedures
and Regulations
Page 684 of 947
Monument and Marker Procedures and Regulations
A maximum of one Monument per Lot shall be erected within the designated
space on any Lot, unless otherwise approved by the Manager of Cemetery
Services.
Flat Markers must be installed so that the top is level with the ground.
A proper foundation is required prior to the installation of any Monument.
All foundations for Monuments and Markers shall be built by, or contracted to be
built for, the Manager of Cemetery Services at the expense of the Interment
Rights Holder.
Foundations shall be made of concrete and extend to approximately four feet (4
ft.) below the ground. Foundations shall be as long as the Monument base, or
longer if required by the Manager of Cemetery Services.
Foundations shall only be constructed between April 1st and November 1st of
each year, unless otherwise ordered by the Manager of Cemetery Services.
Foundations are not required for Markers and pillow/bevel Monuments where a
base is less than thirty inches (30 in.) by fourteen inches (14 in.) and base and
die is no higher than twenty-eight inches (24 in.) inclusive.
Where a foundation is not required, stone dust must be placed under the Marker
or Monument to a minimum depth four inches (4 in.).
All Monuments, bases and Markers must be made of granite or bronze unless
otherwise approved by the Manager of Cemetery Services or designate.
Wooden crosses are only allowed on a temporary basis of up to one (1) year
and must not exceed the height and width of the allowed Monument for the
applicable Plot.
Candleholders and vases may constitute part of a headstone Marker if they are
made principally of bronze or stainless steel. If a translucent section is
necessary, it must be made of unbreakable, heat resistant glass or of a plastic
material that is fire resistant. In addition:
a. candleholders are included in determining the overall size of the Marker;
b. a maximum of two candles or vases may be placed on the base of a
Monument and must be centered on the ends of the base;
c. a candleholder must be adequately drained to prevent any collection of
water; and
d. candle holders must be fully enclosed on all sides by a door or lid.
Page 685 of 947
Statues may only be placed at the sides of a Monument and must be secured to
the base.
Statue dimensions shall not extend more than six inches (6 in.) above the
Monument and shall not extend past the width of the base dimensions.
Statues shall be constructed of bronze, Kozmolux or a similar non-deteriorating
material.
The City is not responsible for any theft or vandalism to Monuments, Markers or
Lot decorations of any kind.
A “Marker Care and Maintenance” trust fee, as defined in Section 166 of Ontario
Regulation 30/11, will be charged for Monuments/Markers. This one-time fee is
placed in a Trust Fund for the care and maintenance of the cemetery.
Inscriptions on the backs of monuments will be restricted to the family names,
unless written permission for additional text is granted by the Manager of
Cemetery Services or their authorized representative.
The following provide the maximum dimensions for Monuments and Markers
that are allowed in Niagara Falls Municipal Cemeteries:
Lot / Plot Size Accepted Monuments
(Confirm Location)
Maximum
Base Size
Maximum
Monument Size
Single Cremation Lot
(One Urn) Flat Marker No Base 14x12x04
Double Cremation Lot
(Two Urns) Flat Marker No Base 24x14x04
Cremation Plot
(Four Urns)
Flat, Pillow, Bevel, Upright
(Confirm For Location) 34x14x08 30x08x30
Infant Lot Flat, Pillow, Bevel, Upright
(Confirm For Location) 34x14x08 30x08x30
Adult Single Lot Flat, Pillow, Bevel, Upright
(Confirm For Location) 34x14x08 30x08x30
Adult Double Plot Flat, Pillow, Bevel, Upright
(Confirm For Location) 60x16x10 54x10x50
Adult Triple Plot Flat, Pillow, Bevel, Upright
(Confirm For Location) 90x16x16 84x10x50
Page 686 of 947
Schedule C
Flower Bed Standards and
Regulations
Page 687 of 947
2
Flower Bed Standards and Regulations
1. Flower bed dimensions are as follows:
a. Single - dimensions will not exceed eighteen inches (18 in.) in front of a
Monument and no longer than the base of the Monument. Plant material,
including bushes, are not permitted at the sides of a Monument.
b. Double Plot or more - dimensions will not exceed eighteen inches (18 in.)
in front of the Monument and the width must allow for 6 inches of turf to
the Lot edge/boundary.
c. Cremains Lot or infant/baby Lot - dimensions will not exceed twelve
inches (12 in.) in front of the Monument, nor the length of the Monument.
Plant material, including bushes, are not permitted at the sides of a
Monument.
d. Flat Marker Sections and Flat Markers Over Top of Graves - plant
material, potted plants and ornamental structures of any kind are not
permitted around flat markers.
2. Only borders made of natural stone or concrete, measuring no higher than three
inches (3 in.) above the ground, will be allowed to enclose a flower bed.
3. Bushes, shrubs or trees are not permitted on lots. All plant material must not
exceed three feet (3 ft.) high nor extend past the flower bed dimensions, at
maturity. Rose bushes, or thorny plants, of any kind are not permitted.
4. Borders, plant material and decorations are not permitted behind a Monument.
5. The border shall not extend past the designated dimensions of the flower bed
and shall be no higher than three inches (3 in.) above the ground.
6. Hanging baskets may be placed flush to a Monument, but shall not extend past
the flower bed dimensions.
7. Flowerbeds must be cleared of tender plants prior to September 30th of each
year.
8. All baskets, clay pots or other receptacles must be removed from the Cemetery
no later than November 30th of each year.
9. Memorial wreaths and/or seasonal decorations may be placed in the Cemetery
on or after November 30th of each year.
10. Wreaths and/or seasonal decorations must then be removed annually no later
than April 1st. Those not removed by April 1st will be removed and disposed of
by the City without notification.
Page 688 of 947
3
11. Artificial flowers are permitted provided they are placed in spiked containers
placed immediately adjacent to the Marker and properly maintained and not
detrimental to the general maintenance of the Cemetery.
12. No decorations are permitted outside of the allotted garden space. Any placed
outside of the allotted garden space will be removed by the City without
notification.
13. Vases, urns and flower stands not properly cared for and not filled with plants by
June 30th of each year may be removed by the City from the Lot and any stand,
holder, vase or other receptacle for flowers deemed unsightly or unsuitable may
be prohibited and/or removed by the City without notification.
14. Potted plants and planters are permitted within the allotted garden area.
15. Only artificial flowers may be placed in Columbarium Niche vases, and they must
not extend past the height and width of the Niche. All other ornaments and/or
decorations, as well as deteriorating artificial flowers, will be removed by City
staff without notification.
16. Lot decorations that are considered to be a safety hazard to the public, including
but not limited to wire and/or plastic fencing, oversized and falling shepherd
hooks, thorny shrubs, ornamental stones and rocks, etc., will be removed without
notice to the interment rights holder.
Page 689 of 947
Summary of Comments and Proposed Changes to Cemetery By-Laws
A. Revisions Provided by Bereavement Authority of Ontario (in red):
1.3 “Care and Maintenance Fund” means the trust fund in which a percentage of the
purchase price of all Interment Rights and set amounts for Marker and Monument
installations is contributed; and wherein the interest earned from such fund is used to
provide care and maintenance of Lots, Plots, Markers, Monuments and structures at the
Cemetery.
It is a requirement under the Funeral, Burial and Cremation Services Act, 2002 (FBCSA)
and Ontario Regulation 30/11 and 184/12 (O. Reg. 30/11 & 184/12) that a prescribed
amount or a percentage of the purchase price (excluding tax) of all interment and
scattering rights sold, transferred, assigned or permitted; and prescribed amounts for
monuments and markers, is contributed into the care and maintenance fund. If no
scattering rights are sold but scattering is permitted a prescribed amount must be
contributed to the fund when the scattering is conducted. Interest earned from this fund
is used to provide care and maintenance of lots, plots, markers and monuments at the
cemetery.
1.8 Contract” means the written form of agreement that is required to purchase Interment
Rights and which details the obligations of both parties and acceptance of this Cemetery
By-law.
For purposes of these by-laws, all purchasers of interment or scattering rights, or other
cemetery supplies and services must receive a copy of the contract they and the
cemetery operator have signed detailing the obligations of both parties, and
acknowledging receipt and acceptance of the cemetery by-laws, a copy of the Consumer
Information Guide and the Price List.
1.15 “Interment Rights” includes the right to require or direct the interment of human remains
in a lot.
The right to require or direct the interment of human remains or cremated human remains
in a grave, lot, niche or crypt and to authorize the installation of a monument or marker.
2.33 All visitors shall be fully clothed at all times.
BAO Comment: Seriously? You need a by-law for this?
2.37 The cemetery shall be governed by these by-laws, and all procedures will comply with
the FBCSA and O. Reg. 30/11 and 184/12, which may be amended periodically.
2.38 All by-law amendments must be:
2.38.1 Published once in a newspaper with general circulation in the locality in which
the cemetery is located;
2.38.2 Conspicuously posted on a sign at the entrance of the cemetery; and
2.38.3 Delivered to each supplier of markers who has delivered a marker to the
cemetery during the previous year, if the by-law or by-law amendment pertains
to markers or their installation.
Page 690 of 947
2.38.4 All by-laws and by-law amendments are subject to the approval of the Registrar,
FBCSA, BAO.
2.41 Section 110 of O. Reg. 30/11 requires all cemeteries and crematoriums to maintain an
electronic and/or written public register that is available to the public during regular
office hours.
4.20 Extra depth or double depth Interments are not permitted in any Cemetery unless
otherwise permitted by the Manager of Cemetery Services. In the event of a double
depth Interment, the use of a vault/liner/container is mandatory strongly recommended
on the first interment.
BAO Note: Section 38.1 of the FBCSA prohibits making the use of vaults mandatory.
4.33 In special circumstances, the removal of human remains may also be ordered by
certain public officials without the consent of the Interment Rights Holder and/or next of
kin as per FBCSA, Section 102.1.
B. Revisions Provided by Hilton and Associates – Master Planning Consultants
See attached separate document
C. Comments from the Bereavement Industry (Funeral Directors & Monument Dealers)
Funeral Director: Suggested wording change: Section 2.12 - Funeral Directors, acting as
agents on behalf of Niagara Falls Cemetery Services, shall be responsible for advising their
clients of potential funeral late charges and all applicable surcharges.
Funeral Director: Supported the removal of the Non Resident Rate and provided a succinct
explanation and history as to why it was originally imposed.
Funeral Director: Suggested, in keeping with the direction of reducing our environmental impact,
that Cemetery Services ban the use of balloon releases as part of a ceremony.
Monument Dealer: Requested a verbal summary of the changes impacting monuments. Was
content in hearing that the Monument Regulations had ultimately been streamlined and made
more accessible.
Monument Dealer: 7.13 “If any person or company…” If anyone wants to install their own
marker they have to pay the fee the city charges? I think you answered this already and that if
we decided to install our own markers, the clients would still pay a care & maintenance fee to the
City but there is no fee to us to install. Correct? – Cemetery Services confirmed that, if the
monument dealer installed the marker, the Care and Maintenance Fee was required; the
installation fee was not.
Monument Dealer: In Schedule B under number 9. Says all monuments bases and markers
must be made of granite or bronze now as opposed to current regs that say must be made of
natural stone? What would constitute a reason to get approval for anything other than granite or
Page 691 of 947
bronze then? - Cemetery Services acknowledged the proposed change and indicated that
some stone materials will not stand the test of time. By seeking approval to other materials (i.e.
soap stone), it provides a longer term safeguard in the event of damage or deterioration (i.e.
delamination, etc.) of the monument.
Monument Dealer: In 11. B) Candle holder must be on the ends of a die. I think this is written
in the current by-laws, but recently you had a customer where the cemetery said it was alright to
place in the front, centred on the base. – Cemetery Services confirmed that exceptions are
possible depending on the monument, the base and the layout and/or existence of a garden.
Monument Dealer: This is great the way you have simplified the sizing, but my only concern is
that I think it may mean more calls to your office initially. I think this will work better like you
say... You're laying it out for customers and they need to work within that. – Cemetery Services
reviewed and incorporated notes/system from a local monument dealer when cleaning up the
Monument Regulations Section. The hope is to be less restrictive with respect to particular
monuments, hence the idea of only providing only the Maximum size. Truth be told, with the
exception of say a Field of Honour or Section 5A (flat marker only), most of our sections include
a variety of monument styles, sizes, etc.; even those which were originally identified as sections
for a specific marker type. Focus is on safety for staff and visitors while providing families
greatest and clear understanding of options.
D. Questions and Comments Received from the General Public
Email Hi Mark, Just wondering what the amendments to Bylaw 2016-24 are. Thanks.
Response Thank you for your email. I would be happy to go over the recent changes to our
Cemetery By Laws. Perhaps we could organize a time this week to discuss them
over the phone? I can be reached directly on my cell phone at 905 658 8541.
Email Can I get a copy of the above (Draft By Laws for Review)
Response Thank you contacting me about the proposed Niagara Falls Cemetery Services
By Law Amendments. As requested, I have attached to this email, a PDF copy
of the DRAFT document for your review and comment. Please feel free to
connect with my directly on my cell phone at 905 658 8541.
Email In the Review dated November 27, 2020 there was a public notice concerning
“proposed Amendments to By-law#2016-24 for the 21 cemeteries owned,
operated and/or managed by the City of Niagara Falls.” I tried to find 21
cemeteries and was not able to think of that many....could you please send me a
list..or is the Review mistaken again?...thank you
Response Thank you very much for contacting me about the proposed Niagara Falls
Cemetery Services By Law Amendments and the number of Cemeteries we own,
manage and/or maintain. Included in the Cemetery By Laws (which I have
attached) is a list of Active, Semi Active and Non Active Cemeteries which totals
twenty (20) cemeteries and one (1) Indoor Columbarium (Stamford Green
Heritage Columbarium. I would also encourage you to visit the City's website,
Page 692 of 947
particularly our Cemetery Services pages, as they provide information and
locations for each of our cemeteries, as well as a gateway to our Genealogical
Search system. Once again, thank you for reaching out. Please feel free to
connect with my directly on my cell phone at 905 658 8541.
E. In House Revisions (i.e. Recommendations from City Staff)
Added 2.2 Cemetery Fees are as set periodically by the City
2.3 The fees required for Cemetery Services are illustrated in the Cemetery
Services Fee Schedule which is available at the Cemetery Office.
Explanation The Cemetery Fee Schedule was historically included as an Appendix in the
Cemetery By Laws. However, the Cemetery Fee Schedule is updated annually
(or thereabouts). As such, each time the Fees were updated, the By Laws
should have also been amended as they were inclusive of the Fees. By
removing the Fee Schedule from the By Law, we avoid the need to amend the
by law annually.
Removed 2.5 Interment Right fees will be increased by twenty-five (25) percent for all
non-residents of the City of Niagara Falls.
Explanation The non-resident rate has long been debated and modified over the years.
Historically, the non-resident rate was in place as the fees for service were
incredibly low in comparison to similar sized operations. However, since
conducting the Cemetery Services Delivery Review in 2012/2013, Niagara Falls
Cemetery Services has increased rates to be less of a burden to the tax payer,
to remain consistent with nearby cemeteries, all the while encouraging
increased interest and sales from other communities.
Modified 2.16 Any person disturbing a service, or the quiet and good order of the
Cemetery by noise or other improper conduct, gaming, inappropriate
use/behavior (at the discretion of the Manager of Cemetery Services), or who
violates this By-law may be expelled from the grounds. Those found to be in
repeat violation of this by-law, may be expelled from the grounds and charged
with Trespassing.
Explanation Language was modified to be more inclusive of “gaming” and “inappropriate
use/behavior” within Cemeteries; as well as strengthening the Cemetery’s ability
to manage those in violation. On multiple occasions over the last three years,
visitors and funeral services have been negatively impacted by the gatherings of
cars and people for the purpose of playing games online (i.e. Pokemon Go).
Modified 2.39 No person shall permit an animal/pet to enter or remain in a cemetery
except an animal/pet that is leashed and under control of a person in
accordance with the City’s Animal Care and Control By-Law No. 2019-35.
Explanation Cemetery Services encourages the active use of the City’s cemeteries in a
respectful manner. In modifying the previous by law which did not allow
pets/animals to enter onto the property, Cemetery Services is in line with the
Page 693 of 947
expectation of encouraging the appropriate and respectful use of City property
by pet/animal owners.
Added 3.9 Only the Interment Rights Holder will be permitted to resell and/or transfer
Interment Rights. In the cases of Transfer by Will or bequest, the Manager of
Cemetery Services shall have the right, in his or her sole discretion, to require
the production of a notarized copy of the Will or other evidence sufficient to
prove ownership.
Explanation To make more clear who may legally sell and/or transfer an Interment Right.
Modified 3.31 In the cases of Lots/Plots, purchased before 1955, a contribution (as
outlined in the Cemetery Fee Schedule) to the Care and Maintenance Fund will
be collected at the time of each interment/inurnment.
Explanation Reduced text to be more concise and to avoid repetitive amendments when the
Fee Schedule is updated.
Modified 4.25 Scattering shall take place within the confines of the “Remembrance
Garden” and “Memorial Woods” Scattering areas at Fairview Cemetery unless
otherwise approved by the Manager of Cemetery Services. Cremains shall be
scattered or placed in the ground without the use of urns or containers of any
kind.
Explanation Scattering may now legally occur anywhere with the permission of the property
owner. As such, the text allows the opportunity to scatter cremated human
remains at a park, or trail if permission is provided and records created.
Modified 10.1 By-law Nos. 2000-254, 2001-251, 2003-104 and 2016-24 of The
Corporation of the City of Niagara Falls are hereby repealed.
10.2 This By-law shall take effect upon approval of same by City Council and
the Minister of Consumer and Business Relations, Province of Ontario.
Explanation Direction provided by the City Clerk
F. Appendices
Appendix A – Municipal Cemeteries Inventory
Added Semi-Active Cemetery: Interment Rights are not sold, however interments in
previously sold lots may take place.
Appendix B – Municipal Cemeteries Inventory
Removed All Illustrations and/or graphics
Modified Condensed the appendix from ten pages to two, streamlining the acceptable
monument styles and maximum sizes as opposed to identifying acceptable
variations for every cemetery, section, lot/plot.
Page 694 of 947
Appendix C – Flower Bed Standards
Removed All Illustrations and/or graphics
Modified Allowable plant materials. Bushes, shrubs and trees are no longer permitted
on lots given the ongoing need for repair and restoration to the land,
monuments, etc.
Page 695 of 947
CITY OF NIAGARA FALLS
By-Law No. 2020 – xx
A by-law to establish rules and regulations for the City of Niagara Falls municipal
cemeteries.
WHEREAS The Corporation of the City of Niagara Falls owns cemeteries for the benefit
of its residents;
AND WHEREAS the Funeral, Burial and Cremation Services Act, 2002, and its
regulations imparts responsibility to the owners of cemeteries for their management,
operation and care;
AND WHEREAS section 150(1) of Ontario Regulation 30/11 under the Funeral, Burial
and Cremation Services Act, 2002, provides that the owners of cemeteries may make by-
laws affecting the operation of the cemeteries;
AND WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001, authorize The
Corporation of the City of Niagara Falls to pass by-laws necessary and desirable for
municipal purposes, and in particular paragraphs 5 through 7 of subsection 10(2)
authorize by-laws respecting the economic, social and environmental well-being of the
municipality; the health, safety and well-being of persons; and the provision of any service
or thing that it considers necessary or desirable for the public;
AND WHEREAS section 425 of the Municipal Act, 2001, authorizes The Corporation of
the City of Niagara Falls to pass by-laws providing that a person who contravenes a by-
law of The Corporation of the City of Niagara Falls passed under that Act, is guilty of an
offence;
AND WHEREAS the Municipal Act, 2001, further authorizes The Corporation of the City
of Niagara Falls, amongst other things, to delegate its authority;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. DEFINITIONS
1.1 “Act” shall mean the Funeral, Burial and Cremation Services Act, 2002,
(originally the Cemeteries Act (Revised), R.S.O. 1990, c. C.4), as amended,
and the regulations thereto.
1.2 “By-law” shall mean the rules and regulations under which the Cemetery
and all of its components, facilities and functions operate.
1.3 “Care and Maintenance Fund” means the trust fund in which a percentage
of the purchase price of all Interment Rights and set amounts for Marker
and Monument installations is contributed; and wherein the interest earned
Page 696 of 947
2
from such fund is used to provide care and maintenance of Lots, Plots,
Markers, Monuments and structures at the Cemetery.
1.4 “Cemetery” shall mean land(s) set aside and approved for the interment of
human remains as set out in Schedule “A” to this By-law.
1.5 “Cemetery Services” means services provided by a cemetery operator in
respect of the interment of human remains or the scattering of cremated
human remains at a cemetery and includes such services as may be
prescribed.
1.6 “City” shall mean The Corporation of the City of Niagara Falls.
1.7 “Columbarium” means a structure designed for the purpose of interring
cremated human remains in Niches or compartments.
1.8 “Contract” means the written form of agreement that is required to purchase
Interment Rights and which details the obligations of both parties and
acceptance of this Cemetery By-law.
1.9 “Council” shall mean the Municipal Council of The Corporation of the City
of Niagara Falls.
1.10 “Crypt” shall mean an individual compartment in a mausoleum for the
interment of human remains.
1.11 “Designated Space” shall mean the area of a Lot designated in writing, from
time to time, for the geographic location of Monuments and Markers by the
Manager of Cemetery Services.
1.12
1.131.12 “Fee Schedule” shall mean a list of prices of supplies and services
maintained in accordance with the Act and this By-law.
1.14 “Grave” (also known as “Lot”) shall mean any in-ground Burial space
intended for the interment of a child, adult or cremated human remains.
1.13 “Human Remains” means a dead human body or the remains of a cremated
human body.
1.151.14 “Inter” means the burial of human remains and includes the placing
of human remains in a lot.
1.161.15 “Interment Rights” includes the right to require or direct the interment
of human remains in a lot.
Page 697 of 947
3
1.171.16 “Interment Rights Certificate” shall mean the document issued by the
City to the purchaser, once the Interment Rights have been paid in full,
identifying ownership of the Interment Rights in a Lot or Plot.
1.181.17 “Interment Rights Holder” means the person who holds the interment
rights with respect to a lot whether the person be the purchaser of the rights,
the person named in the certificate of interment or such other person to
whom the interment rights have been assignedshall mean any person
designated to hold the right to inter human remains in a specified Lot.
1.191.18 “Lot” means an area of land in a cemetery containing, or set aside to
contain, interred human remains and includes a tomb, crypt or compartment
in a mausoleum and a niche or compartment in a columbarium and any
other similar facility or receptacleshall mean a single Grave space.
1.201.19 “Marker” means any monument, tombstone, plaque, headstone,
cornerstone or other structure or ornament affixed to or intended to be
affixed to a burial lot, mausoleum crypt, columbarium niche or other
structure or place intended for the deposit of human remains. .
1.211.20 “Mausoleum” means a building or structure, other than a
Columbarium, used as a place for the interment of human remains in sealed
crypts or compartments within the Cemetery.
1.221.21 “Monument” shall mean any permanent memorial structure
projecting above the ground installed to mark the location of a Burialn
Interment or Lot.
1.231.22 “Niche” shall mean an individual compartment in a Columbarium for
the inurnment of cremated human remains.
1.241.23 “Plan” means the geographic plan of the Cemetery, as approved by
the Bereavement Authority of Ontario.
1.251.24 “Plot” means two or more lots in respect of which the rights to inter
have been sold as a unit. shall mean a parcel of land, sold as a single unit,
containing multiple Lots.
1.261.25 “Register” means electronic or written records maintained by the City
in accordance with the Act.
1.271.26 “Registrar” means the Registrar approved under the Act.
1.281.27 “Scattering” shall mean the act of spreading cremated remains over
a designated area within a Cemetery with the knowledge and permission of
the Manager of Cemetery Services, and in keeping with this Cemetery By-
law.
Commented [FD1]: Interment rather than burial
Page 698 of 947
4
1.291.28 “Third Party Purchaser” means any person who purchases Interment
Rights or Scattering rights upon resale by an Interment Rights Holder, in
accordance with the provisions of this By-law and the Act.
1.301.29 “Transfer” means to make a gift, bequest or other transfer of
Interment Rights without consideration, as may be permitted under the Act.
2. CEMETERY RULES, REGULATIONS AND GENERAL INFORMATION
Hours of Operation
2.1 The Cemetery shall be open to conduct business as follows:
2.1.1 Office Hours: Monday - Friday, 8:00 a.m. to 4:00 p.m.;
2.1.2 Burial Interment Hours: Monday - Saturday, 9:00 a.m. to 3:00 p.m.;
and
2.1.3 Sundays and Holidays (Office and BurialsInterments): 10:00 a.m. to
2:00 p.m., strictly by appointment.
Payments and Fees
2.2 Cemetery fees are as set periodically by the City.
2.22.3 The fees required for Cemetery services are illustrated in the Cemetery
Services Fee Schedule which are is available at the Cemetery Office.
2.32.4 All payments shall be made at the Cemetery Office at Fairview Cemetery.
2.42.5 Interment Rights fees will be increased by twenty-five (25) percent for all
non-residents of the City of Niagara Falls.
2.52.6 A fee will be charged for the exchange or Transfer of Interment Rights
pursuant to this By-law.
2.62.7 No interment services or supplies shall be furnished until all required
payments have been received in full by the City.
2.72.8 No Certificate of Interment Rights shall be issued until thirty (30) days after
payment has been received in full.
2.82.9 A fee will be charged for a disinterment pursuant to this By-law.
Commented [FD2]: See definition “Inter”.
Commented [FD3]: See definition “Inter”.
Commented [FD4]: Recommend a description of the criteria
for determining “Residency”. Will require further discussion
and is a Council decision.
Page 699 of 947
5
2.92.10 An additional charge will apply for interments held outside of
Interment hours as set out in Item 2.1.2, or on any legal holiday, or on a
Sunday.
2.102.11 All fees, including the Marker Care and Maintenance Trust Fee, must
be paid in full prior to the installation of a Monument or Marker.
2.112.12 Funeral Directors shall be responsible for advising their clients of
potential funeral late charges and all applicable surcharges.
2.122.13 No tips or gratuities are to be given to City Staff by visitors or
Interment Rights Holders, nor shall any City Staff accept any.
Appointments and Cemetery Staff
2.132.14 The Chief Administrative Officer of the City shall appoint a Manager
of Cemetery Services who shall, with the assistance of such other
employees and contractors of the City as required, perform the following
duties:
2.13.12.14.1 observe and undertake all of the provisions and requirements
of this By-law and the Act ;
2.13.22.14.2 attend to the regular and proper administration, maintenance
and operation of the Cemeteries; and
2.13.32.14.3 perform such other duties as may, from time to time, be
required.
General Conduct
2.142.15 The City shall operate, manage and maintain the Cemeteries.
2.152.16 City Staff shall preserve order and decorum in each Cemetery.
2.162.17 Any person disturbing a service, or the quiet and good order of the
Cemetery by noise or other improper conduct, gaming, inappropriate
use/behavior (at the discretion of the Manager of Cemetery Services or their
designee), or who violates this By-law may be expelled from the grounds.
Those found to be in repeat violation of this by-law, may be expelled from
the grounds and charged with Trespassing.
2.172.18 The City may, at its sole cost and expense, correct any error caused
by the City in administering interments or burials including, without limiting
the generality of the foregoing, errors in describing lots or the Transfer or
conveyance of any Interment Rights. When performing such a correction,
the City may take whatever actions, in the sole discretion of the Manager of
Cemetery Services, it deems appropriate including, without limiting the
Commented [FD5]: Surcharge for after hours or late fee
Commented [FD6]: Extend to staff
Commented [FD7]: Interments is inclusive term.
Page 700 of 947
6
generality of the foregoing, canceling a grant or substituting other Interment
Rights for those granted in error, by substitution of a Lot of reasonably equal
value, or refunding all money paid on account for the transaction involving
the error.
2.182.19 In any circumstance in which the Manager of Cemetery Services
intends to exercise the authority to correct errors described above in section
2.172.18 of this By-law, he or she shall provide such notice to any affected
Interment Rights Holder or other affected persons, as is reasonable in the
circumstances.
2.192.20 The City, at the discretion of the Manager of Cemetery Services or
their designee, may remove any article that is detrimental to efficient
maintenance or constitutes a hazard to machinery, employees or visitors,
or is unsightly, or does not conform to the natural beauty or design of the
Cemetery.
2.202.21 Any article so removed pursuant to section 2.192.20 above, will be
held at the Cemetery for collection. If not collected, it will be disposed of
after thirty (30) days.
2.212.22 Where there is any doubt as to the interpretation and application of
this By-law or the Plan, the interpretation of City Staff shall govern.
2.222.23 In the application and administration of this By-law, all procedures
and undertakings will be conducted in accordance with applicable provincial
and federal regulatory instruments and requirements.
2.232.24 No person shall enter the Cemeteries except through an established
entrance.
2.242.25 No person shall enter or be within any Cemetery before dawn or after
sundown.
2.252.26 Sections 2.232.24 and 2.242.25 do not apply to members of any
police service, a fire service or other emergency service and do not apply
to City Staff.
2.262.27 No person may damage, destroy, remove or deface any property
within the Cemetery including, but not limited to, Markers, Monuments,
artifacts, fences, railings, gates, trees, shrubs, plants or flowers.
2.272.28 No person shall deposit rubbish (household, yard waste, etc.) on the
grounds of Cemeteries except in the receptacles provided.
2.282.29 No person shall organize, participate in, or permit a parade other
than a funeral procession or other procession to honour the dead, within the
Commented [FD8]: Renumbering of clauses
Commented [FD9]: Renumbering of clauses
Commented [FD10]: Renumbering of clauses
Page 701 of 947
7
Cemetery, without the express written permission of the Manager of
Cemetery Services.
2.292.30 No person shall discharge any firearms on Cemetery property,
except at military funerals.
2.302.31 No person shall bring any alcoholic beverages upon Cemetery
property.
2.312.32 No person shall solicit work of any kind upon Cemetery property.
2.322.33 All visitors shall be fully clothed at all times.
2.332.34 All visitors should conduct themselves in a quiet manner that shall
not disturb any service being held.
By-Law Amendments
2.342.35 The Cemetery shall be governed by this By-law, and all procedures
will comply with the FBCSAAct and Ontario Regulation 30/11, and any
amendment or replacement thereof.
2.352.36 This By-law and any amendments thereto are subject to the approval
of the Registrar, Bereavement Authority of Ontario (BAO).
Liability
2.362.37 The Manager of Cemetery Services and City Staff will not be held
liable for any loss or damage, without limitation (including damage by the
elements, acts of God, or vandals), to any Lot, Plot, Columbarium Niche,
Mausoleum Crypt, Monument, Marker, or other article that has been placed
in relation to Interment Rights, save and except for direct loss or damage
caused by gross negligence of the City.
Public Register
2.372.38 The City shall maintain an electronic and/or written public Register
pursuant to the provisions of Section 110 of Ontario Regulation 30/11 and
any amendment or replacement thereof.
Pets or Other Animals
2.382.39 No person shall permit an animal/pet to enter or remain in a cemetery
except an animal/pet that is leashed and under the control of a person in
accordance with the City’s Animal Care and Control By-Law No. 2019-35.
2.392.40 No person shall bury the remains of an animal in a Cemetery.
Commented [FD11]: See definitions
Commented [FD12]: Great!
Page 702 of 947
8
Vehicular and Pedestrian Traffic
2.402.41 When operated within a Cemetery, motor vehicles shall travel
exclusively over or upon the paved roadways of a Cemetery.
2.412.42 Motor vehicles shall not be operated within a Cemetery at a speed
greater than twenty (20) kilometers per hour.
2.422.43 Any form of wheeled or mechanized transportation including, without
limiting the generality of the foregoing, bicycles, roller blades and
skateboards, when ridden or operated within a Cemetery, shall be ridden,
used or operated exclusively upon or over the paved roadways of the
Cemetery.
2.432.44 When walking, jogging or running within a Cemetery, pedestrians
shall walk, jog or run exclusively upon or over the paved roadways of the
Cemetery.
2.442.45 All-terrain vehicles or snowmobiles may not be operated within a
Cemetery for the purpose of amusement.
2.452.46 Any person travelling through a Cemetery must obey the instructions
of City Staff and any traffic signs posted or erected by the City.
Right to Re-Survey and Re-Configure
2.462.47 The City may, at any time, re‐survey, enlarge, diminish, re‐plot,
change or remove plantings, grade, close pathways or roads, alter in shape
or size, or otherwise change all or any part of the Cemetery, subject to
approval of the appropriate authorities.
Gifts to the Cemetery
2.472.48 All trees and structural gifts such as benches, birdbaths and sundials,
as donations or elements in a donated area, must be approved by the
Manager of Cemetery Services and become the property of the City. Once
installed, donated structures cannot be removed, painted or adjusted, in any
way or form, by individuals. They are located at the approval of the Manager
of Cemetery Services, although every effort will be made to accommodate
the request(s) of the donor. The donation is recognized for the lifetime of
the plant or item. The City accepts no responsibility for damage, loss or
replacement of any donated items.
3. INTERMENT RIGHTS
3.1 Subject to availability of Lots, Interment Rights may be purchased from the
City. The rates for Interment Rights include the portion specified by the Act
for deposit to the Cemetery’s Care and Maintenance Fund.
Page 703 of 947
9
3.2 Purchasers of Interment Rights acquire only the right to direct the Burial
Interment of human remains and the installation of Monuments, Markers
and inscriptions, subject to the conditions set out in this Cemetery By-law.
In particular, without limiting the generality of the foregoing, an Interment
Right is not any form of real property right.
3.3 Upon payment in full, the City shall provide each purchaser of Interment
Rights with:
3.3.1 a copy of the BAO’s Consumer Information Guide;
3.3.2 a copy of the Cemetery By-law; and
3.3.3 a Certificate of Interment Rights or Scattering rights.
3.4 In accordance with this Cemetery By-law, no Burial, inurnmentInterment, or
installation of any Monument, Marker, inscription, or memorialization is
permitted until the Interment Rights have been paid in full.
3.5 An Interment Rights Certificate will be issued to the Interment Rights Holder
thirty (30) days after payment has been made in full.
3.6 Minors will not be permitted to purchase Interment Rights unless legally
identified as the head of the family.
3.7 No person shall purchase Interment Rights or Scattering rights for the sole
or primary purpose of reselling the rights with a view to making a financial
gain. The Interment Rights or Scattering rights may not be sold to Third
Party Purchasers for more than the price set out in the then current tariff or
Fee Schedule, as the case may be.
3.8 An Interment Rights Holder wishing to resell their Interment Rights must first
advise the Manager of Cemetery Services of their intention, prior to seeking
a third party buyer for their Interment Rights. The City (i.e. Manager of
Cemetery Services) reserves the first right of refusal to repurchase the
Interment Rights.
3.9 Only the Interment Rights Holder will be permitted to resell and/or transfer
Interment Rights. In the cases of Transfer by Will or bequest, the Manager
of Cemetery Services shall have the right, in his or her sole discretion, to
require the production of a notarized copy of the Will or other evidence
sufficient to prove ownership.
3.10 Any Interment Rights which are sold by the City and not used for interment
purposes after a twenty (20) year period may be considered abandoned.
The City may apply to the Registrar appointed under the Act for a
declaration that the Interment Rights are abandoned, after making inquiries
and giving reasonable notices to find the Interment Rights Holder or
Commented [FD13]: Inclusive term
Commented [FD14]: As defined in Item 1.16
Commented [FD15]: Defined in Item 1.15
Commented [FD16]: Good
Page 704 of 947
10
beneficiaries. Upon being satisfied the rights are abandoned, the Registrar
shall issue a declaration to the effect. If there is no appeal by the end of the
time period allowed for appeal, the City may resell the Interment Rights.
3.11 Cemetery Staff will make reasonable efforts to accommodate testamentary
directions of rights holders provided such testamentary directions do not
conflict with any statutes, rules and regulations including, without limiting
the generality of the foregoing, the rules and regulations set out in this By-
law.
3.12 Persons requesting interments in Lots shall be held responsible for charges
incurred, as agreed to in the Contract.
Cancellation of Interment Rights within thirty (30) Day Cooling‐Off Period
3.13 If an Interment or Scattering has not taken place, the purchaser has the
right to cancel an Interment Rights Contract within thirty (30) days of signing
the Interment Rights Contract, by providing written notice of the cancellation
to the Manager of Cemetery Services.
3.14 The Manager of Cemetery Services will, in turn, refund all monies paid by
the purchaser within thirty (30) days from the date of the request for
cancellation.
Cancellation of Interment Rights after the thirty (30) Day Cooling‐Off Period
3.15 Upon receiving written notice of cancellation from the purchaser of the
Interment Rights, the Manager of Cemetery Services will cancel the
Contract and issue a refund to the purchaser for the amount paid for the
Interment (or Scattering) Right, less the appropriate amount that is required
to be deposited into the Care and Maintenance Fund.
3.16 This refund will be made within thirty (30) days of receiving said notice of
cancellation. If the Interment Rights Certificate has been issued to the
Interment Rights Holder, the Certificate must be returned to the Manager of
Cemetery Services, along with the written notice of cancellation.
3.17 If any portion of the Interment Rights has been exercised, the purchaser, or
the Interment Rights Holder, is not entitled to cancel the Contract or resell
the Interment Rights.
Resale of Interment Rights after thirty (30) Day Cooling‐Off Period
3.18 Unless the Interment Rights have been exercised, the purchaser retains the
right to cancel the Contract or resell the Interment Rights.
3.19 Once payment for the Interment Rights has been made in full, and an
Interment Rights Certificate has been issued, the Interment Rights Holder,
Page 705 of 947
11
as recorded on the Cemetery records, has the right to resell the Interment
Rights.
3.20 Any resale of the Interment Rights shall be in accordance with the
requirements of this Cemetery By-law and in keeping with the FBCSAAct.
3.21 If any portion of the Interment Rights has been exercised, the purchaser, or
the Interment Rights Holder is not entitled to resell the Interment Rights.
3.22 The City reserves the first right of refusal to repurchase the Interment
Rights.
Resale of Interment Rights to a Third Party
3.23 An Interment Rights Holder must first offer the Interment Rights to the City.
If the City does not wish to repurchase the Interment Rights, the Interment
Rights may be sold privately to a third party for no more than the current
price listed on the Cemetery price list, as long as the sale or Transfer is
conducted through the City (i.e. Cemetery Services) and the purchaser
meets the qualifications and requirements as outlined in the City’s Cemetery
By-law.
3.24 The Interment Rights Holder intending to sell his or her right shall provide
the following documents to the City, so that the Manager of Cemetery
Services can confirm the ownership of the right and provide the Third Party
Purchaser with the required Certificate, etc.:
3.24.1 an Interment Rights Certificate endorsed by the current rights holder;
3.24.2 a written statement of the number of Lots that have been used in the
Plot and the number of Lots that remain available; and
3.24.3 any other documentation in the Interment Rights Holder’s
possession relating to the rights.
3.25 The Third Party Purchaser will be provided with the following documents by
the Manager of Cemetery Services:
3.25.1 an Interment Rights Certificate endorsed by the current Interment
Rights Holder;
3.25.2 a copy of the Cemetery’s current By-law;
3.25.3 a copy of the Cemetery’s current Fee Schedule;
3.25.4 a copy of the BAO’s Consumer Information Guide;
Commented [FD17]: See definitions
Commented [FD18]: Item 3.21 prohibits sale of partially
executed rights.
Page 706 of 947
12
3.25.5 a written statement of the number of Lots that have been used in the
Plot and the number of Lots that remain available; and
3.25.6 any other documentation in the Interment Rights Holder’s
possession relating to the rights.
3.26 The Manager of Cemetery Services will:
3.26.1 require a statement signed by the Interment Rights Holder selling the
Interment Rights, acknowledging the sale of the Interment Rights to
the Third Party Purchaser;
3.26.2 require confirmation that the person selling the Interment Rights is
the person registered on the Cemetery records and that he or she
has the right to resell the Interment Rights;
3.26.3 record the date of Transfer of the Interment Rights to the third party;
3.26.4 require the name and address of the Third Party Purchaser; and
3.26.5 issue a statement of any money owing to the City in respect to the
Interment Rights.
3.27 Once the endorsed Certificate and all required information has been
received from the Interment Rights Holder, and full payment has been
received by the City, the Manager of Cemetery Services will issue a new
Interment Rights Certificate to the Third Party Purchaser.
3.28 Upon completion of the above listed procedures, and upon the issuance of
the new Interment Rights Certificate, the Third Party Purchaser or
transferee(s) shall be considered the current Interment Rights Holder of the
Interment Rights, and the resale or Transfer of the Interment Rights shall
be considered final in accordance with this Cemetery By-law and the
FBCSAAct.
3.29 The Third Party Purchaser will be required to pay an administration fee for
the issuance of a duplicate Certificate in accordance with the current
Cemetery Fee Schedule.
Care and Maintenance Fund Contributions
3.30 As required by sections 166 and 168 of Regulation 30/11, a percentage of
the purchase price of all Interment Rights, and a prescribed amount of
Twenty-Five Dollars ($25.00) where there was no Scattering rights sold, and
a prescribed amount for Monuments and Markers, is contributed into the
Care and Maintenance Fund. Income from this fund is used to provide only
general care and maintenance of the Cemetery. Contributions to the Care
Commented [FD19]: Item 3.21 prohibits sale of partially
executed rights.
Commented [FD20]: Full payment before interment rights
certificate
Commented [FD21]: See definitions
Page 707 of 947
13
and Maintenance Fund are not refundable except when Interment Rights
are cancelled within the thirty (30) day cooling off period.
3.31 In the cases of Lots/Plots, purchased before 1955, a contribution (as
outlined in the Cemetery Fee Schedule) to the Care and Maintenance Fund
will be collected at the time of each interment/inurnment.
4. INTERMENTS, INURNMENTS, SCATTERING AND DISINTERMENTS
Interments, Inurnments and Scattering
4.1 The Interment Rights Holder must provide written authorization prior to an
Interment Burial,or Scattering, or an inurnment taking place. Should the
Interment Rights Holder be deceased, authorization must be provided in
writing by the person authorized to act on behalf of the Interment Rights
Holder, (i.e. Estate Trustee or Executor).
4.2 In the absence of an Estate Trustee and/or Executor, the City will recognize
the following people, in the order of preference, as being the “personal
representative” of the Interment Rights Holder:
4.2.1 spouse of the deceased;
4.2.2 children of the deceased (if more than one child, all must agree);
4.2.3 grandchildren of the deceased if no child is living (if more than one
grandchild, all must agree); and
4.2.4 great-grandchildren of the deceased if no child or grandchild is living
(and so on if there is a lineal descendant).
4.3 If the deceased has no children, the order of preference is:
4.3.1 the father of the deceased;
4.3.2 the mother of the deceased;
4.3.3 the brothers and/or sisters of the deceased;
4.3.4 the grandparent or grandparents of the deceased; and
4.3.5 the uncles, aunts, nephews, nieces and great grandparents of the
deceased.
4.4 A Burial Permit issued by the Registrar General or equivalent document
showing that the death has been registered with the province must be
provided to the Cemetery Office prior to a Burialn Interment taking place. A
Certificate of Cremation must be submitted to the Cemetery Office prior to
Commented [FD22]: Great!
Commented [FD23]: Interment includes any disposition into
a Lot but scatterings may take place without Interment Rights
purchase.
Commented [FD24]: Inclusive term
Page 708 of 947
14
the Burial Interment of cremated remains or Scattering of cremated remains
taking place.
4.5 In those circumstances wW here the party requesting the interment activity
is unable to provide evidence of ownership, the Manager of Cemetery
Services may require the party requesting the interment to sign a waiver
saving the City harmless from all subsequent claims from such interment
activity.
4.6 In accordance with the FBCSAAct, the purchaser of Interment Rights must
enter into a Cemetery Contract, providing such information as may be
required by the Manager of Cemetery Services for the completion of the
Contract and the public Register, prior to each Burial or inurnmentInterment
of human remains, or each Scattering of cremated human remains.
4.7 Interments shall take place only if weather and ground conditions permit, in
the sole discretion of the City.
4.8 All interment scheduling is conducted by the City, based upon location,
weather, City Staff availability and the number of services requested by the
Interment Rights Holder.
4.9 Unless otherwise approved by the Manager of Cemetery Services, Tthe City
shall be given at least three (3) days’ (72 hours) notice for ordering the
opening of an interment Interment (in-ground or Niche) of human remains
or Scattering of cremated human remains.
4.10 The opening and closing of Graves, Crypts and NichesLots or the Scattering
of cremated remains may only be conducted by Cemetery Staff or those
designated to do work on behalf of the Cemetery.
4.11 A Scattering rights Contract must be completed and the payment of the
Scattering fee must be received before the Scattering of cremated human
remains can take place.
4.12 Once scattered, cremated remains cannot be retrieved.
4.13 All funerals within the Cemeteries shall be under the jurisdiction of the
Manager of Cemetery Services. No funeral service shall be held and no
interment, inurnment or scattering shall be made in Cemeteries on
Nationally designated holidays unless ordered by the Medical Officer of
Health or otherwise approved by the Manager of Cemetery Services.
4.14 Neither the City nor the Manager of Cemetery Services or City Staff shall
assume any responsibility for errors in the location of an interment site that
is a result of improper instructions by the Interment Rights Holder, or his or
her designate.
Commented [FD25]: See Inter
Commented [FD26]: Delete redundant clause
Commented [FD27]: See definitions
Commented [FD28]: Inclusive term
Commented [FD29]: How long? 72 hours, 3 business days,
etc.?
Commented [FD30]: Lots include graves, niches and crypts
Commented [FD31]: Good!
Page 709 of 947
15
4.15 No Interment Rights Holder shall change the grading of any Lot, and in the
case of any such change, the City may restore the Lot to its original grade
at the expense of the Interment Rights Holder.
4.16 No unauthorized person shall sod or move Corner Posts or Grave Lot
Markers.
4.17 Implements or materials used in doing any work within the Cemetery shall
not be left unattended and may be removed by the City, if so found.
4.18 No interment equipment, except that provided by the City, shall be used,
except that where Burial burial vaults and liners are used, same shall be
installed by a supplier who shall use his own equipment. An outer
case/vault/liner must be installed at least five (5) hours before the interment
service takes place. The supplier shall be responsible for any damage to
the grounds or casket caused due to the supplier’s equipment or operator
error.
Multiple Interments/Inurnments
4.19 Only one (1) full Burial casket Interment per casket Lot is allowed.
4.20 Extra depth or double depth Burials Interments are not permitted in any
Cemetery unless otherwise permitted by the Manager of Cemetery
Services. In the event of a double depth burialInterment, the use of a
vault/liner/container is mandatory on the first interment.
4.21 Up to four (4) Cremains cremated human remains may be interred in a
Cremation Plot.
4.22 Up to five (5) Cremains cremated human remains may be interred in an
adult single Lot if no full body BurialInterment takes place.
4.23 Up to four (4) Cremains cremated human remains may be interred on top
of an already existing full body BurialInterment.
4.24 Only one (1) Cremains cremated human remains interment is permitted on
top of an already existing full body BurialInterment in a Veteran Lot.
Scattering
4.25 Scattering shall take place within the confines of the “Remembrance
Garden” and “Memorial Woods” Scattering areas at Fairview Cemetery
unless otherwise approved by the Manager of Cemetery Services.
Cremains Cremated human remains shall be scattered or placed in the
ground without the use of urns or containers of any kind.
Commented [FD32]: Lot rather than grave.
Commented [FD33]: Burial not defined
Commented [FD34]: Specify casket
Commented [FD35]: Interments
Commented [FD36]: Do you allow any double depths?
Page 710 of 947
16
4.26 No person shall place, install or otherwise locate a Monument, urn, Marker
or other object, other than Cremainscremated human remains, within the
“Remembrance Garden” or “Memorial Woods”.
Disinterment
4.27 Human remains may be disinterred from a Lot provided that the written
consent (authorization) of the Interment Rights Holder has been received
by the Manager of Cemetery Services.
4.28 All disinterments shall be in accordance with the Act and its regulations. A
Burial Certificate under the Vital Statistics Act is not required to reinter
human remains that have been disinterred in accordance with the Act and
its regulations.
4.29 Disinterments shall be arranged through a funeral director. The local
Medical Officer of Health must be notified before the removal of casketed
human remains may take place.
4.30 Funeral Directors are responsible for the scheduling of all disinterments and
all costs relating thereto including, casket/urn/vault removal and urn/vault
sealing and resealing, together with any and all costs charged by the
Niagara Regional Health Unit for its approval of the disinterment and its
attendance upon same.
4.31 A certificate from, and/or notification to, the local Medical Officer of Health
is not required for the removal of cremated remains.
4.32 Any flush or upright Markers or Monuments designating the location of an
interment shall be removed from the BurialInterment site at the time a
disinterment is made. The expense shall be borne by the Interment Rights
Holder.
4.33 In special circumstances, the removal of human remains may also be
ordered by certain public officials without the consent of the Interment
Rights Holder and/or next of kin. Unless otherwise ordered by the Coroner’s
Office, the disinterment of human remains shall only be performed between
May 1st and November 1st of each year and when conditions, in the opinion
of the Manager of Cemetery Services, are suitable to guarantee that a safe
removal can take place.
5. MONUMENTS, MARKERS, STATUES AND FOUNDATIONS
Monuments and Markers
5.1 The Interment Rights Holder shall be permitted to erect a Monument and
maintain a flower bed in accordance with the provisions of this By-law at
any time after having received an Interment Rights Certificate from the City.
Page 711 of 947
17
5.2 No memorial or other structure shall be erected or permitted on a Lot until
all charges have been paid in full.
5.3 No Monument, footstone, Marker or memorial of any description shall be
placed, moved, altered, or removed, without permission from the Manager
of Cemetery Services.
5.4 The Manager of Cemetery Services will take reasonable precautions to
protect the property of Interment Rights Holder, but it assumes no liability
for the loss of, or damage to, any Monument, Marker, or other structure, or
part thereof.
5.5 The regulations governing Monuments and Markers shall be as set out in
Schedule “B” to this By-law.
5.6 No person shall install, erect or permit the installation or erection of a
Monument or Marker that does not comply with any provision of this By-law
or the regulations governing Monuments or Markers, as set out in Schedule
“B” to this By-law.
5.7 Should any Monument or Marker present a risk to public safety because it
has become unstable, the Manager of Cemetery Services shall do whatever
he or she deems necessary by way of repairing, resetting, or laying down
the Monument or Marker or any other remedy so as to remove the risk.
5.8 The Manager of Cemetery Services reserves the right to remove, at its sole
discretion, any Marker, Monument, or inscription which does not comply
with the regulations governing Markers and Monuments or which is not in
keeping with the dignity and decorum of the Cemetery.
5.9 A Monument, private mausoleum, or other structure shall be erected only
after the specific design plans have been approved by the Manager of
Cemetery Services including, dimensions, material of structure,
construction details, and proposed location.
5.10 No Monument shall be delivered to the Cemetery for installation until the
Monument foundation has been completed, and the Interment Rights
Holder and/or Monument/Marker retailer have been notified by the Manager
of Cemetery Services.
5.11 Minor damage of the base portion of a Marker due to Cemetery operations
is considered to be normal wear and tear and is not compensable.
5.12 Markers for installations will be accepted at the Cemetery during normal
hours of operation. If weather and ground conditions permit, installations
will be made within twenty (20) working days of acceptance.
Page 712 of 947
18
5.13 Markers will not be accepted from any Monument dealer for storage during
the winter months.
5.14 Marker installation will be completed between April 30th and November 1st,
unless the installation of an individual Marker is expressly approved in
writing by the Manager of Cemetery Services.
5.15 All photographs attached to any memorials or placed within the Cemetery
grounds shall be the sole responsibility of the owner. Photographs which
are loose or are of a nature, or placed in a manner, unfitting for the
Cemetery, may be removed by the City.
6. FLOWER BEDS AND DECORATIONS
Lot Decorations and Flower Bed Borders
6.1 No person shall plant trees, flower beds or shrubs in the Cemetery without
the express and written approval of the Manager of Cemetery Services.
6.2 Flowers placed on a Grave Lot for a funeral shall be removed by the
Cemetery Staff after a reasonable time to protect the sod and maintain the
tidy appearance of the Cemetery.
6.3 The City reserves the right to regulate the articles placed on Lots or Plots
that pose a threat to the safety of all Interment Rights Holders, visitors to
the Cemetery, and Cemetery employees; prevents the City from performing
general Cemetery operations; or are not in keeping with the respect and
dignity of the Cemetery. Prohibited articles will be removed and disposed
of without notification.
6.4 Prohibited articles include, but are not limited to, articles made of hazardous
materials including, but not limited to, non‐heat resistant glass (excludes
glass attached to Monuments), ceramics, or corrosive metals; loose stones
or sharp objects; trellises or arches; chairs or benches; and flammable
materials.
6.5 The City reserves the right to inscribe all Niche fronts or install all lettering,
vases, adornments, or any other approved attachment.
6.6 Those who place potted plants or urns are responsible for their upkeep and
must remove them by September 30th of each year, failing which the City
will have them removed.
6.7 Borders are installed at the Interment Rights Holder’s own risk and shall
remain at the Interment Rights Holder’s own risk throughout the operational
life of the border. Due to maintenance and the general operation of the
Cemetery, Staff will not be responsible for breakage or damage of any kind.
Commented [FD37]: Lot rather than grave
Page 713 of 947
19
Plant Materials
6.8 Neither the City nor City Staff shall be responsible for any damage or
removal of plant materials.
6.9 Planting and maintenance of flower beds is the responsibility of the
Interment Rights Holder, and flowers, trees, bushes, etc. are planted at the
risk of the Interment Rights Holder.
6.10 Bushes, shrubs, trees, unsightly plant material, or Lot decorations that are
obstructing a Monument; are encroaching on an adjoining Lot; or are a
hindrance to the maintenance and operation of the Cemetery will be
removed at the discretion and direction of the Manager of Cemetery
Services.
6.11 Lot decorations and plant material are placed in a Plot or single Lot at the
risk of the Interment Rights Holder. Cemetery Staff and/or the City are not
responsible for any damage or removal.
6.12 The Flower Bed Standards and Regulations shall be as set out in Schedule
“C” to this By-law.
6.13 No person shall install flower beds or permit the installation of flower beds
that do not comply with any provision of this By-law or the regulations
governing flower beds as set out in Schedule “C” to this By-law.
7. CONTRACTOR/MONUMENT DEALER BY-LAWS
7.1 Any contract work to be performed within the Cemetery requires the written
preapproval of the Interment Rights Holder and the Manager of Cemetery
Services, before the work may begin.
7.2 Preapproval is required for work including, but not limited to, landscaping,
delivery of Monuments and Markers, and undertaking inscriptions, designs
and drawings on Monuments and Markers.
7.3 Plans and detailed specifications relating to the work, proof of all applicable
government approvals and permits, and the location of the work to be
performed must be provided by the contractor prior to performing said work.
7.4 It is the responsibility of all contractors to report to the Cemetery Office and
provide the necessary approvals before commencing work at any location
on the Cemetery property.
7.5 Prior to the start of any said work, contractors must provide proof of (any or
all may apply depending on your specific operation):
7.5.1 WSIB coverage;
Page 714 of 947
20
7.5.2 Occupational Health and Safety compliance standards;
7.5.3 Environmental Protection;
7.5.4 WHMIS; and
7.5.5 evidence of liability insurance of not less than Five Million Dollars
($5,000,000).
7.6 This Cemetery By-law applies to all contractors and all work carried out by
contractors within the Cemetery grounds.
7.7 Contractors, Monument dealers and suppliers shall not enter the Cemetery
in the evening, weekends or statutory holidays, unless approval has been
granted by the Manager of Cemetery Services.
7.8 No work will be performed at the Cemetery except during the regular
business hours of the Cemetery.
7.9 Contractors shall temporarily cease all operations if they are working within
one hundred (100) metres of a funeral until the conclusion of the service.
The City reserves the right to temporarily cease contractor operations, at its
sole discretion, if the noise of the work being performed by the contractor is
deemed to be a disturbance to any funeral or public gathering within the
Cemetery.
7.10 Contractors, Monument dealers and suppliers shall lay wooden planks on
the Burial Lots and paths over which heavy materials are to be moved, in
order to protect the surface from damage. Costs for repair of damages will
be at the expense of the contractor, worker or supplier.
7.11 All implements and materials used in the performance of any work shall be
placed as directed by the City, and all rubbish and surplus earth or materials
shall be removed when, and to where, and in such manner as the City may
direct.
7.12 In the event the City’s directives are not followed, the obstructions may be
removed at the contractor’s, worker’s or supplier’s expense.
7.13 If any person or company desires to set a flat Marker, they must make
written arrangements as to time of installation with Cemetery Staff. A
representative of the City must supervise all work, and the installer shall pay
to the City, the prescribed installation fee as established in the Fee
Schedule.
7.14 All workers in any capacity within the Cemeteries, whether as Monument
dealers, vault suppliers, funeral directors, etc., are subject to the direction
and control of the Manager of Cemetery Services.
Page 715 of 947
21
7.15 Any person working without the permission or authorization of the Manager
of Cemetery Services, or in contravention of this By-Law, will be removed
from the Cemetery property.
8. ENFORCEMENT AND PENALTIES
8.1 In the event any provisions of this By-law are deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining terms
and provisions shall remain in full force and effect.
8.2 Where a specific penalty is not provided for an offence under the Act, any
person who contravenes any of the provisions of this By-law shall, upon
conviction, be liable for a fine as provided for in the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended.
9. GREEN/NATURAL BURIAL SECTION(S)
9.1 Green/Natural Burial Site: the green/natural burial section of the cemetery
has been designed and implemented in a way that demonstrates regard for
the natural state of the earth, landscape and accompanying elements. Each
green/natural burialInterment lot Lot allows for one interment right for
human remains.
9.2 The Body: the deceased must be free from embalming solutions.
9.3 Grave Opening Preparation: graves are identified only by a numbered
marker. Cemetery Services will take all reasonable precautions to open
the grave in the least disturbing manner to the surrounding environment.
Graves will not be dressed with decorative cemetery greens unless a
request is made for this service. Cemetery Services will provide a rough
cut (i.e. wildflowers and grasses cut no lower than ten inches from the
ground) pathway to the grave.
9.4 Casket or Container for Full Body Interment: the casket, shroud or
representative container specified for burialInterment of human remains
shall be; 1. Composed of sustainable and fully biodegradable fibers or
materials. 2. Free of non-biodegradable resins, glues or bonding agents. 3.
Composed of interior finishing fabricated from biodegradable fibers or
materials. 4. Free from high gloss finish lacquers, paints or prepared
surfaces that are non-biodegradable. 5. Free of any interior liner, bag or
wrapping that is fabricated from a non-biodegradable material. 6. Free of
any memento, article or personal belonging that is composed of non-
biodegradable materials. 7. Fashioned to include a supportive bottom that
is stable and strong enough to be transported and placed on a grave set-up
Page 716 of 947
22
lowering device. The supportive bottom must be similarly made from
sustainable and biodegradable materials.
9.5 Container for Cremated Remains Interment: the representative container
specified for burial of cremated human remains shall be; 1. Composed of
sustainable and fully biodegradable fibers or materials. 2. Free of non-
biodegradable resins, glues or bonding agents. 3. Composed of interior
finishing fabricated from biodegradable fibers or materials. 4. Free from
high gloss finish lacquers, paints or prepared surfaces that are non-
biodegradable. 5. Free of any interior liner, bag or wrapping that is
fabricated from a non-biodegradable material. 6. Free of any memento,
article or personal belonging that is composed of non-biodegradable
material.
9.6 Containers: in addition, interment containers said to be of primary
composition of plywood, particleboard or any other non-sustainable/non-
biodegradable materials are prohibited from use in the green/natural burial
section. The Manager of Cemetery Services, or authorized representative,
will have ultimate decision on approval of a casket, shroud or representative
container for an interment in a green/natural burial section.
9.7 Interment Process: the interment will take place as a direct burialInterment.
Cemetery Services will lower the interment container into the earth by
means of a standard lowering device. Earth will be either available on site
or brought grave side to complete the interment. Efforts will be made to
return the same earth back into the grave as was excavated.
9.8 Witnessing the Interment: the Manager of Cemetery Services may limit the
number of witnesses to an interment service in the green/natural burial
section due to any reason of preserving the environmental sanctity or health
and safety of those persons attending the interment. All attendees will be
under the supervision of Cemetery Services during the interment
proceedings.
9.9 Unrecoverable Status: interred human remains or cremated human remains
shall be considered non-recoverable from the interment date, and Cemetery
Services shall have no obligation to recover the remains unless ordered by
the provisions of legislation, regulation or court document. In the case of
the Cemetery Services being ordered to recover human remains or
cremated human remains, the Manager of Cemetery Services will hold the
authorizing party accountable for all fees associated with the work
performed.
9.10 Re-establishing the Burial Site: the burial site will be allowed to naturally
settle over time. The earth will be over-seeded with a recognized wildflower
seed mix after the interment process is completed and thereafter with re-
establishment of soil grade levels through the natural settlement process.
Page 717 of 947
23
Where possible, native trees and shrubs will also be planted. At the
discretion of the Manager of Cemetery Services, families may request for a
native “Memorial Tree” to be planted on, or near to the lot.
9.11 Memorialization: for green/natural burial, the practice of individual
memorialization will not be permitted. A communal memorial stone that is
sourced naturally will be used to establish simple inscriptions. All
inscriptions must be approved by the Manager of Cemetery Services, or
authorized representative, before being inscribed on the communal
memorial stone. Each inscription will follow sequentially with one line
provided for the name of the deceased and one line for the year of
birth/death of the deceased. No emblems or design elements will be
inscribed beyond the name and dates named above. Every inscription will
be uniformly directed by the Manager of Cemetery Services in regard to
lettering size, font and occupied space. All inscriptions will be processed
by Cemetery Services in terms of timing of work, establishing the contractor
used to perform the work and fees for service.
9.12 Keeping a Clear Site: no other memorials, flowers, articles or personal
effects may be left behind at the green/natural burial section. Any said
flowers, articles or personal effects found in the green/natural burial section
will be removed and stored by Cemetery Services for collection. If not
collected, it will be disposed of after thirty (30) days. Cemetery Services
retains the right to limit access to pedestrians or vehicles into the
green/natural burial section in keeping of the environmental sensitivities
within the site.
9.13 Maintenance of the site: no regular maintenance will be performed on the
green/natural burial site. The wild flower mix may be mowed, or a
prescribed burn may be implemented, to control the invasion of non-native
species and promote the health of native species. The site will be left to
naturally evolve and develop with minimum disturbances. Native trees and
shrubs may be planted at the discretion of the Manager of Cemetery
Services. No watering or fertilizing will take place of the seeded areas. The
Manager of Cemetery Services will have ultimate authority to manage,
maintain and alter the interment areas, communal memorial stone and
pathways at his/her sole discretion.
10. REPEAL AND EFFECTIVE DATE
10.1 By-law Nos. 2000-254, 2001-251, 2003-104 and 2016-24 of The
Corporation of the City of Niagara Falls are hereby repealed.
10.2 This By-law shall take effect upon approval of same by City Council and the
Minister of Consumer and Business Relations, Province of Ontario.
11. GENERAL
Page 718 of 947
24
11.1 The Schedules “A” through to and including “C” to this By-law are to be read
as and shall form part of this By-law.
Original By-Law passed on March 22, 2016 and amended on July 13, 2018.
Page 719 of 947
MW-2021-03
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Municipal Works – Engineering Services
SUBJECT: MW-2021-03
City of Niagara Falls City-Wide Sanitary Sewer Rehabilitation 3
Year Program
RECOMMENDATION
1. That Council receive for information Report MW-2021-03 regarding the award
of a tender for sanitary sewer rehabilitation and a summary of wastewater
system studies, investigations and the state of good repair program; and
further,
2. That a contract be awarded to PipeFlo Contracting Corp., for the provision of a
City-Wide Cured In Place Pipe (CIPP) Sewer Rehabilitation (lining and spot
repair) Program as-per tender 2020-515-20; to be delivered as a 3 year city-
wide program for the tendered amount of $3,531,695 plus applicable taxes,
partially funded from the Sanitary Network State of Good Repair Program Year
1 and 2 budgets totaling $3,000,000 to date; and further,
3. That staff be directed to identify and prioritize additional trenchless needs within
the wastewater system to match a projected $6,000,000, 3 year or more
program, pending future Council budget approval, with subsequent funding
subject to Council approval as part of future Capital Budget allocations; and
further,
4. That the Mayor and Clerk be authorized to execute the necessary contract
documents.
EXECUTIVE SUMMARY
Staff received 3 bids from a total of 5 prequalified and eligible firms to complete trenchless
full-length rehabilitation, grouting and spot repairs to pipes and manholes within the city’s
wastewater collection system. PipeFlo Contracting Corp. submitted the lowest compliant
bid, securing the award of the contract.
Page 720 of 947
2
MW-2021-03
January 19, 2021
The following is a summary of the totaled tender prices (excluding HST) from the pre-
qualified contractor submissions (no corrections to bid prices were required).
The purpose of this report is to seek Council’s authorization to award the contract and
complete the required work to rehabilitate portions of the city’s sanitary sewer system
most in need, to provide Council with an update of the Sanitary Sewer State of Good
Repair Program, and projects related to the identification and management of wet
weather flows. Staff are also seeking Council approval to identify additional trenchless
rehabilitation needs within the wastewater system to meet a planned $6M multi-year
program budget and take advantage of favourable contract pricing from PipeFlo.
These rehabilitation works are essential to improving levels of service with respect to the
sanitary sewer system. The CIPP program is scheduled to start in late Q1 2021, with year
one works focusing on rehabilitating wastewater infrastructure in the priority areas of
Chippawa and South Niagara Falls (Figure 1), and continue annually, addressing other
priority areas of the system through to 2023. To ensure that the program meets it’s
intended goals city staff post rehabilitation flow monitoring and analysis will be undertaken
to assess the success of the CIPP program in reducing wet weather flows and
improvements in hydraulic performance.
BACKGROUND
The 2017 Pollution Prevention Control Plan (PPCP) Update Study recommended that the
City implement an ongoing city-wide Sanitary Sewer Network Condition Assessment
Program to best manage our wet weather infrastructure assets over their full lifecycle.
The primary goals of the program are to reduce overflows, basement flooding, ensure
planned capacity for growth is available, and to enhance resiliency against climate
change.
The foundation of this program is the 3 year city-wide CCTV wastewater collection system
inspection program. The city-wide CCTV program began in late 2018 and to date has
televised 357 km (about two-thirds) of the wastewater system, with the remaining portions
of the system to be televised by Q4 2021.
This program complements other long standing/long term programs, best practices and
strategies that the City has in place to identify defects and remove sources of extraneous
flows to the wastewater collection system. The information provided from video
inspections is analyzed with data from in-house flow and rainfall monitoring, sanitary
Contractor City Tender Price
PipeFlo Contracting Corp Hamilton $3,531,695.00
Liqui-Force Services LLC Kingsville $6,650,416.48
Capital Sewer Services Inc. Vaughan $5,313,535.00
Page 721 of 947
3
MW-2021-03
January 19, 2021
sewer investigations (zoom camera, smoke and dye testing), hydraulic modelling,
institutional knowledge and related works and programs.
This multi-pronged framework presents a data driven approach to identifying and
prioritizing sewer assets in order to program cost effective infrastructure lifecycle
intervention strategies. By synthesizing large amounts of data using database and
spreadsheet decision support tools along with GIS, staff can best identify and cost
effectively prioritize areas requiring rehabilitation or replacement, and foster an
environment of continuous improvement in the understanding and management of our
wastewater assets. This data is also being leveraged to plan and develop proactive
maintenance programs, which can reduce the amount of reactive system maintenance
we currently undertake, optimize the management of our assets, and best focus outreach
and education efforts, including continued extraneous flow removal on the private side
through the WRAP program.
Using this information, staff, and the engineering consultant GMBluePlan, have prioritized
areas of the city to deliver the 3 year city-wide trenchless CIPP sewer rehabilitation
program. Chippawa and South Niagara Falls have long been the focus of sewer studies
related to flooding and wet weather performance, and a number of capital works are
underway or have been completed to improve level of service in these areas. Nearly all
of the year 1 CIPP works will address defects in pipes and manholes in Chippawa and
areas south of Lundy’s Lane – areas with historic system performance deficiencies,
growth pressures and requirements to reduce wet weather extraneous flows prior to the
construction of the new Region of Niagara South Niagara Falls Wastewater Treatment
Plant.
This annual CIPP capital works program will repair and rehabilitate several types of
structural and infiltration/inflow defects found in sanitary sewer pipes, manholes and
service connections, as identified and prioritized for repairs through the CCTV and other
programs. Trenchless lining provides a long-lasting repair that can extend the lifespan of
our sewer assets by 50+ years. By leveraging trenchless construction methods, we
reduce neighbourhood disturbance and heavy truck traffic associated with typical open-
cut construction, minimize service interruptions and negative impacts on the environment.
Trenchless technologies are proven to also reduce greenhouse gas emissions by 75% or
more compared to traditional open-cut construction. A high-level assessment of the year
one works using a publicly available trenchless technology carbon calculator, indicates
that the planned CIPP works provides approximately 90% greenhouse gas savings
versus traditional open-cut construction methods.
ANALYSIS/RATIONALE
Tender 2020-515-20 was released on November 19, 2020, with a closing date of
December 15, 2020 1:45PM. Due to the specialized and technical nature of this work,
Page 722 of 947
4
MW-2021-03
January 19, 2021
bidders were pre-qualified via a competitive process RFPQ28-2020 that closed
September of 2020. A total of 5 Contractors were prequalified via this process and staff
received bids from 3 of these eligible firms to complete trenchless full-length rehabilitation,
grouting and spot repairs to pipes and manholes within the city’s wastewater collection
system. The bids (not including applicable taxes) are summarized below:
PipeFlo Contracting Corp - $3,531,695.00
Liqui-Force Services LLC - $6,650,416.48
Capital Sewer Services Inc. - $5,313,535.00
PipeFlo Contracting Corp. submitted the lowest compliant bid at $3,531,695.00 which is
$1,781,840.00 lower than the next lowest bid. The tender bid price is significantly lower
than the estimated cost to complete the currently scoped multi-year CIPP program. The
PipeFlo bid represents very aggressive pricing for this work. This contractor has a long
track record of successfully delivering trenchless rehabilitation construction services for
clients, and Staff are confident that PipeFlo can successfully deliver this project. Staff
recommend that this tender is awarded to PipeFlo Contracting Corp for a value of
$3,531,695.00 plus applicable taxes.
Given the favourable pricing to complete the full 3 year scope of work, staff feel that it
would be advantageous for the city to leverage this pricing and expand the scope of work
for the multi-year program to meet a total recommended and planned $6M budget. To do
this, staff, working with our engineering Consultant GMBluePlan, would continue to
analyze existing and pending CCTV and other system data, and expand the scope of
trenchless repairs to meet a planned multi-year budget of approximately $6M, pending
future Council budget approval.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
Funding for year 1 of the Sanitary Network State of Good Repair Program was approved
in the 2020 Capital Budget for approximately $2M, and year 2 funding for an additional
$1M was also approved for 2021, for a total funding commitment to-date of $3M. The
current recommended tender award is significantly less than the planned budget to
complete the planned multi-year CIPP program, and staff are recommending that
additional sewer system rehabilitation needs are identified/prioritized to take advantage
of this pricing, and address additional areas of the wastewater system requiring
rehabilitation and repair so that a $6M program is delivered over the next 3 years. Keeping
with the planned annual budget requests for this program, additional funding of $3M will
be required for future years, and will be presented, along with the expanded scope, in
future capital budget deliberations.
Page 723 of 947
5
MW-2021-03
January 19, 2021
CITY’S STRATEGIC COMMITMENT
The City-Wide Sanitary Sewer Rehabilitation multi-year program illustrates well planned
and actionable infrastructure works that are in alignment with the intent of Council’s
Strategic Priorities. These include the continuous monitoring of infrastructure condition
and maintenance of that infrastructure, delivered in an environmentally sustainable and
cost-efficient manner to foster healthy and livable communities.
LIST OF ATTACHMENTS
Figure 1: Year 1 CIPP Works Location Map
Recommended by:
Erik Nickel, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
C. Gainham
Page 724 of 947
MW -2021-03
Figure 1. Year 1 CIPP Works
Page 725 of 947
PBD-2021-02
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Planning, Building & Development
SUBJECT: PBD-2021-02
PLC-2020-005, Request for Removal of Part Lot Control
Block 2, Registered Plan 59M-474
6731-6751 Cropp Street
Applicant: Winzen Niagara Homes Limited
RECOMMENDATION
That Council approve the request and pass the by-law included in today’s agenda to
exempt Block 2, Registered Plan 59M-474 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 Part
Lot Control from Block 2, on Registered Plan 59M-474 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 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 2 on Registered Plan 59M-474, located at 6731-6751 Cropp Street, as
illustrated on Schedule 1.
The lifting of Part Lot Control is a planning tool that permits the creation of parcels in blocks
within registered plans of subdivision. In this case, the lifting of Part Lot Control is
requested to allow the creation of 8 parts for 6 on-street townhouse dwelling units (Block
2) as seen on Schedule 2. Additional parts are for existing easements for stormwater
management purposes.
Page 726 of 947
2
PBD-2021-02
January 19, 2021
ANALYSIS/RATIONALE
The subject lands are located on Cropp Street within the Winzen Plan of Subdivision (59M-
474) which was registered on November 15, 2019. The subdivision contains blocks of land
for on-street townhouse dwellings and apartment buildings. Block 2 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 and
prevent the individual townhouse units from being created. Municipalities have the ability
to lift or exempt Part Lot Control from blocks within a Plan of Subdivision to allow lot lines
to be reconfigured or parts of a block to be conveyed without the need for a consent
application.
Approval of a Part Lot Control by-law is requested so that the block can be divided into 8
parts to create 6 parcels for on-street townhouse dwelling units and 2 parts for 2
easements for existing stormwater management purposes. The exemption is to apply for
two years to allow for flexibility in scheduling real estate closing dates and should be
sufficient time 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-unit development to diversify the
range of housing available in existing neighbourhoods. The application is consistent with
this priority.
LIST OF ATTACHMENTS
Schedule 1 – Location Map
Schedule 2 – Reference Plan 59R-16827 (Block 2)
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A.Cooper
Attach.
S:\PDR\2021\PBD-2021-02, PLC-2020-005, Request for Removal of Part Lot Control, Winzen Niagara Homes.docx
Page 727 of 947
3
PBD-2021-02
January 19, 2021
SCHEDULE 1
(Location Map)
Page 728 of 947
4
PBD-2021-02
January 19, 2021
SCHEDULE 2
(Block 2)
Page 729 of 947
F-2021-02
January 19, 2021
REPORT TO:Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY:Finance
SUBJECT: F-2021-02
Monthly Tax Receivables Report – November
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 November 30, 2020 were $30.7 million
compared to $21.0 million in 2019. During November, tax receivables as a percentage
of taxes billed increased from 10.8% in 2019 to 15.4% in 2020. The City’s finance staff
has begun the collection process for properties that are subject to registration for 2020.
There are currently ten 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
November. Table 1 shows that taxes outstanding at November 30, 2020 are $30.7
million. This represents an increase from $21.0 million in arrears for the same period in
2019. 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 eleven months of activity. This table
shows 79% of the tax accounts or 263 properties have been paid in full or the owners
have made suitable payment arrangements. During November, five accounts were paid
in full.
Page 730 of 947
2
F-2021-02
January 19, 2021
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 November, no properties were registered. The
outstanding taxes for registered properties represents 0.11% 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
November 30, 2020 is 15.4%, which is an increase of 2019’s value at 10.8%. The
municipality has a record of full collection and earns penalty revenues to offset the
higher measure.
LIST OF ATTACHMENTS
Table 1 Taxes Receivable at November 30, 2020
Table 2 Taxes Receivable by Property Class at November 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.Ferguson
Page 731 of 947
TABLE 1
Taxes Receivable
at November 30, 2020 2020 2019
Outstanding Taxes @ October 31, 2020 38,742,125$ 30,926,974$
Supplemental Due November 30, 2020 738,815$ 1,517,343$
Interest/Penalty Charged in November 160,690$ 180,492$
Taxes Collected during November 8,968,819$ 11,641,710$
Outstanding Taxes @ November 30, 2020 30,672,811$ 20,983,099$
Supplemental due December 28, 2020 1,261,732$ 659,134$
Total Taxes to be Collected 31,934,543$ 21,642,233$
Outstanding Taxes by Year:
3 Years and Prior 1,322,674$ 825,223$
2 Year 1,999,186$ 1,370,880$
1 Year 4,107,711$ 3,836,228$
Current 24,504,972$ 15,609,902$
Total 31,934,543$ 21,642,233$
TABLE 2
Taxes Receivable by Property Class
at November 30, 2020
2020 % by Class 2019 % by Class
Taxes Owing Taxes Owing
Residential 15,394,533$ 48.21%13,650,239$ 63.07%
Multi-Residential 392,614$ 1.23%238,476$ 1.10%
Commercial 15,397,654$ 48.22%7,008,729$ 32.38%
Industrial 702,626$ 2.20%713,997$ 3.30%
Farmlands 47,116$ 0.15%30,792$ 0.14%
Total Receivables 31,934,543$ 100.00%21,642,233$ 100.00%
Page 732 of 947
TABLE 3
Number of Properties
Subject to %
Registration
as at November 30, 2020
Initial Amount (January 1, 2020)333
Paid in Full 85 25.5%
Payment Arrangements 178 53.5%
Ongoing Collection 70 21.0%
Action
Registered 0 0.0%
333 100.0%
TABLE 4
May 2021 2 66,076$
November 2021 4 102,006$
May 2022 4 68,707$
Totals 10 236,788$
Scheduled Tax Sales Dates for
Registered Properties Number of Properties Taxes Outstanding
Amount
Page 733 of 947
F-2021-03
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2021-03
2021 Interim Tax Levy
RECOMMENDATION
That Council approve the 2021 Interim Tax Levy calculation and by-law providing for the
2021 Interim Tax Levy.
EXECUTIVE SUMMARY
The Corporation of the City of Niagara Falls requires a 2021 interim tax levy so as to
provide the City with operating cash flow and to meet its statutory obligations for collecting
taxes on behalf of the Region of Niagara and the local school boards. The statutory
requirement of the City is to provide quarterly payments to both the Region of Niagara
and the local school boards. The interim levy is calculated so that property owners will
be billed amounts not exceeding one half of the previous year’s annual taxes. The
installment dates for the Interim Levy are February 26th and April 30th.
BACKGROUND
The Municipal Act, 2001 provides the City of Niagara Falls with the authority to issue an
interim tax levy. Traditionally the interim levy has been made in February with two
installment dates. The City of Niagara Falls requires a 2021 interim tax levy so as to
provide the City with operating cash flow and to meet its statutory obligations for collecting
taxes on behalf of the Region of Niagara and the local school boards. The statutory
requirement of the City is to provide quarterly payments to both the Region of Niagara
and the local school boards.
ANALYSIS/RATIONALE
The authority to collect this interim tax levy is prescribed in section 317 of The Municipal
Act, 2001. The interim levy is subject to the following rules:
1. The amount levied on a property shall not exceed the prescribed percentage, or
50 percent if no percentage is prescribed, of the total amount of taxes for municipal
and school purposes levied on the property for the previous year.
Page 734 of 947
2
F-2021-03
January 19, 2021
2. The percentage used in the levy may be different for different classes but must be
the same for all properties in a property class.
3. Allows the municipality to use an entire years taxes for a property in the calculation
of the interim tax levy in the situation that a full year was not charged in the previous
year.
Staff has developed the interim tax levy based on these rules and has determined that
the amount due for the interim levy for each property will not exceed 50% of the
annualized assessment used in determining the 2020 tax levy.
The due dates for this interim tax levy are in accordance with The Municipal Act, 2001.
The interim bill will be due on two dates. As per the regulations outlined in The Municipal
Act, 2001, property owners must be provided 21 days notice before payment. The due
dates are consistent with the regulation and will be February 26, 2021 and April 30, 2021.
In 2020, these dates were February 28, 2020 and April 30, 2020.
An interim levying by-law is required to establish the amount of the interim levy. This has
been prepared and appears on this evening’s Council Agenda for passage.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The internal need for cash flow and the external statutory obligation necessitate the
interim tax levy. Failure to provide an interim tax levy could lead to increased short term
borrowing by the Corporation and could result in unplanned interest expenses. An interim
tax levy is required to ensure the provision of the required funds to minimize borrowing
costs.
Recommended by:
Tiffany Clark, Director of Finance
Respectfully submitted:
Ken Todd, Chief Administrative Officer
A. Ferguson
Page 735 of 947
F-2021-04
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Finance
SUBJECT: F-2021-04
Municipal Accounts
RECOMMENDATION
That Council approve the municipal accounts totaling $22,926,532.49 for the period
November 24, 2020 to December 15, 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 736 of 947
Page 1 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
1006092 ONTARIO LTD 442809 08-Dec-2020 REFUND 165,000.00
1238956 ONTARIO INC EDWARD P LUSTIG LLB 442811 09-Dec-2020 CONTRACT SERVICES 25,933.50
1346704 ONTARIO INC.442465 25-Nov-2020 REFUND 500.00
1692690 ONTARIO INC 442812 09-Dec-2020 REMITTANCE 1,966.55
1776415 ONTARIO LTD O/A PURE WATER NIAGARA 442466 25-Nov-2020 MATERIALS 1,025.00
180 MARKETING 442467 25-Nov-2020 ADVERTISING 384.20
1891066 ONTARIO LTD 442468 25-Nov-2020 REFUND 1,000.00
1950440 ONTARIO INC 442469 25-Nov-2020 REFUND 750.00
1962863 ONTARIO INC.442813 09-Dec-2020 REFUND 99,000.00
1984370 ONTARIO INC. O/A ALFIDOME CONSTRUCTION NIAGARA 442470 25-Nov-2020 CONTRACT SERVICES 85,266.94
1992281 ONTARIO LIMITED O/A REGIONAL PAVING 442675 02-Dec-2020 CONTRACT SERVICES 6,995.00
2243806 ONTARIO INC.442814 09-Dec-2020 REMITTANCE 13,115.10
2345406 ONTARIO INC.442676 02-Dec-2020 REFUND 6,704.22
2348441 ONTARIO INC O/A MR QUICK SOFT CLOTH 442677 02-Dec-2020 MATERIALS 40.68
2529294 ONTARIO LIMITED 442471 25-Nov-2020 REFUND 909.46
2578139 ONTARIO INC O/A HALCO PORTABLES 00321-0001 14-Dec-2020 LEASES AND RENTS 2,502.95
2578139 ONTARIO INC O/A HALCO PORTABLES 00320-0001 07-Dec-2020 MATERIALS 3,680.41
2616097 ONTARIO INC.442472 25-Nov-2020 REFUND 2,500.00
2680944 ONTARIO INC.442678 02-Dec-2020 REFUND 158,000.00
2M ARCHITECTS INC 442679 02-Dec-2020 REFUND 1,250.00
407 ETR EXPRESS TOLL ROUTE 442473 25-Nov-2020 MATERIALS 10.29
4790 VICTORIA AVENUE LTD 442815 09-Dec-2020 REFUND 28,501.22
5009828 ONTARIO LIMITED O/A TGIF AT FOUR POINTS SHERATON 442474 25-Nov-2020 REFUND 1,250.00
5017106 ONTARIO INC 442475 25-Nov-2020 REFUND 1,250.00
723716 ONTARIO LTD O/A AIR CARE SERVICES 00321-0002 14-Dec-2020 CONTRACT SERVICES 5,559.60
AAA BIGGAR'S LOCKSMITH & SECURITY 442816 09-Dec-2020 CONTRACT SERVICES 113.00
AAA BIGGAR'S LOCKSMITH & SECURITY 442476 25-Nov-2020 MATERIALS 31.03
ACCU LOCK AND SECURITY 00320-0002 07-Dec-2020 CONTRACT SERVICES 180.80
ACCU LOCK AND SECURITY 00317-0001 30-Nov-2020 MATERIALS 1,762.66
ACEVEDO,RAMON 442477 25-Nov-2020 REFUND 211.30
ACUITY HOLDINGS INC.442478 25-Nov-2020 MATERIALS 1,024.80
ADEWUMI,AYO 442479 25-Nov-2020 REMITTANCE 210.00
ADR CHAMBERS 442480 25-Nov-2020 CONTRACT SERVICES 6,248.90
ADVANCE TOWING & RECOVERY 442680 02-Dec-2020 CONTRACT SERVICES 372.90
ADVANCE TOWING & RECOVERY 442817 09-Dec-2020 CONTRACT SERVICES 197.75
AFTERMARKET PARTS COMPANY LLC 442481 25-Nov-2020 STORES/INVENTORY 224.58
AFTERMARKET PARTS COMPANY LLC 442681 02-Dec-2020 STORES/INVENTORY 1,000.01
AFTERMARKET PARTS COMPANY LLC 442818 09-Dec-2020 STORES/INVENTORY 438.94
AIELLO,BARBARA 442482 25-Nov-2020 REFUND 880.78
AIRD & BERLIS LLP 00317-0002 30-Nov-2020 CONTRACT SERVICES 2,618.78
AJ STONE COMPANY LTD 00317-0003 30-Nov-2020 MATERIALS 675.45
AJ STONE COMPANY LTD 00320-0003 07-Dec-2020 MATERIALS 14,894.53
ALBANESE,LORI 442682 02-Dec-2020 TRAVEL/MILEAGE 172.26
ALI,MUHAMMAD ASRAR 442819 09-Dec-2020 REMITTANCE 99.56
ALISON'S SPORTS AWARDS & PROMOTIONS 00317-0004 30-Nov-2020 MATERIALS 48.53
ALISON'S SPORTS AWARDS & PROMOTIONS 00320-0004 07-Dec-2020 MATERIALS 178.37
ALLEN'S LANDSCAPE SUPPLY DEPOT INC 442483 25-Nov-2020 MATERIALS 106.79
ALLEN'S LANDSCAPE SUPPLY DEPOT INC 442683 02-Dec-2020 MATERIALS 133.47
ALLEN'S LANDSCAPE SUPPLY DEPOT INC 442820 09-Dec-2020 MATERIALS 105.26
ALLIED MEDICAL INSTRUMENTS INC 00320-0005 07-Dec-2020 MATERIALS 78.66
ALLIED MEDICAL INSTRUMENTS INC 00321-0003 14-Dec-2020 MATERIALS 246.51
ALTIERI BUILDING SUPPLIES LTD 00317-0005 30-Nov-2020 MATERIALS 39.49
ALTIERI BUILDING SUPPLIES LTD 00320-0006 07-Dec-2020 MATERIALS 245.99
ALTIERI BUILDING SUPPLIES LTD 00321-0004 14-Dec-2020 MATERIALS 289.72
AMALGAMATED TRANSIT UNION #1582 00317-0006 30-Nov-2020 REMITTANCE 4,436.00
AMALGAMATED TRANSIT UNION #1582 00321-0005 14-Dec-2020 REMITTANCE 4,389.61
AMCTO 442484 25-Nov-2020 MEMBERSHIP 457.65
AMG ENVIRONMENTAL INC 00317-0007 30-Nov-2020 CONTRACT SERVICES 2,203.50
ANDERSONS CEMETERY CONTRACTING LTD 442684 02-Dec-2020 MATERIALS 18,814.50
ANDREI,FLORINA 442821 09-Dec-2020 REFUND 98.28
ANDREWS,EMILY 442485 25-Nov-2020 MATERIALS 98.23
ANTOLICH,MARK 442822 09-Dec-2020 MATERIALS 175.00
APPLIED GEOLOGICS INC 442685 02-Dec-2020 MATERIALS 64,207.92
ARC ENGINEERING INC 00317-0008 30-Nov-2020 MATERIALS 26,398.16
ARIVA 442486 25-Nov-2020 SUPPLIES 101.14
AROMOLARAN MEDIC,DR. ADEWALE ADETOKUNBO 442686 02-Dec-2020 REFUND 750.00
ARTISTA DESIGN & PRINT INC 00317-0009 30-Nov-2020 MATERIALS 4,783.12
ARTISTA DESIGN & PRINT INC 00320-0008 07-Dec-2020 MATERIALS 189.84
Page 737 of 947
Page 2 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
ARTISTA DESIGN & PRINT INC 00321-0006 14-Dec-2020 SUPPLIES 777.44
ART'S TOOL SALES OF NIA LTD.00320-0007 07-Dec-2020 MATERIALS 2,710.87
ASSOCIATED ENGINEERING (ONT) LTD 442823 09-Dec-2020 MATERIALS 21,079.59
AUDIBERT,JOHN MICHAEL 442687 02-Dec-2020 REFUND 200.00
AUTOTRIM & SIGNS OF NIAGARA 00321-0007 14-Dec-2020 MATERIALS 920.96
BAIN PRINTING LIMITED 00317-0010 30-Nov-2020 MATERIALS 101.70
BAIN PRINTING LIMITED 00320-0009 07-Dec-2020 MATERIALS 56.50
BAIN PRINTING LIMITED 00321-0008 14-Dec-2020 SUPPLIES 452.00
BAKER TRANSIT PARTS INC.00317-0011 30-Nov-2020 STORES/INVENTORY 619.36
BAKER TRANSIT PARTS INC.00320-0010 07-Dec-2020 STORES/INVENTORY 112.58
BAKER TRANSIT PARTS INC.00321-0009 14-Dec-2020 STORES/INVENTORY 306.64
BALDINELLI,LOUIE 442824 09-Dec-2020 MATERIALS 175.14
BALTAZAR,NEIL 442825 09-Dec-2020 MATERIALS 99.90
BANNERMAN,MAJA 442487 25-Nov-2020 REMITTANCE 315.00
BATTLEFIELD EQUIPMENT RENTALS 442488 25-Nov-2020 CONTRACT SERVICES 432.96
BATTLEFIELD EQUIPMENT RENTALS 442688 02-Dec-2020 MATERIALS 542.94
BELL CANADA 442689 02-Dec-2020 UTILITIES 99.05
BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00317-0012 30-Nov-2020 MATERIALS 492.72
BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 00320-0012 07-Dec-2020 MATERIALS 123.84
BERGEN,STEVE 442691 02-Dec-2020 REFUND 2,000.00
BERNAT,CLARK 442826 09-Dec-2020 MATERIALS 1,039.37
BETTS,MELANIE 442489 25-Nov-2020 TRAINING 901.74
BIBLE BAPTIST CHURCH 442692 02-Dec-2020 REFUND 1,250.00
BICKLE MAIN INDUSTRIAL SUPPLY INC 00317-0013 30-Nov-2020 MATERIALS 113.00
BICKLE MAIN INDUSTRIAL SUPPLY INC 00320-0013 07-Dec-2020 MATERIALS 12.49
BICKLE MAIN INDUSTRIAL SUPPLY INC 00321-0010 14-Dec-2020 MATERIALS 20.79
BIRD DESIGN-BUILD CONSTRUCTION 442491 25-Nov-2020 REFUND 675.00
BLUEJAY IRRIGATION 442492 25-Nov-2020 CONTRACT SERVICES 619.90
BOB ROBINSON & SON CONSTRUCTION 00317-0014 30-Nov-2020 CONTRACT SERVICES 29,891.33
BOBCAT OF HAMILTON LTD 442828 09-Dec-2020 CONTRACT SERVICES 3,447.58
BOLAND,BRAD 442829 09-Dec-2020 MATERIALS 130.00
BOOT SHOP 442493 25-Nov-2020 MATERIALS 1,830.60
BOUCHARD,STEPHANIE 442810 08-Dec-2020 REFUND 200.00
BOYS & GIRLS CLUB OF NIAGARA 442494 25-Nov-2020 REMITTANCE 17,250.75
BRANDT TRACTOR LTD 442495 25-Nov-2020 MATERIALS 121.67
BRENNAN PAVING LTD.442497 25-Nov-2020 CONTRACT SERVICES 274,558.85
BRENNAN PAVING LTD.442498 25-Nov-2020 CONTRACT SERVICES 11,733.92
BRENNAN,JIM 442496 25-Nov-2020 MATERIALS 110.00
BRINKS CANADA LTD 442499 25-Nov-2020 CONTRACT SERVICES 2,473.33
BROCK FORD 442830 09-Dec-2020 CONTRACT SERVICES 373.70
BROCK FORD 442694 02-Dec-2020 MATERIALS 1,259.83
BURGOYNE,JIM 442695 02-Dec-2020 MATERIALS 175.00
BUTT,WASEEM 442500 25-Nov-2020 REFUND 1,605.84
C.H. SAWYER LTD 442701 02-Dec-2020 CONTRACT SERVICES 519.98
CAMPBELL,WAYNE 442831 09-Dec-2020 SERVICES 315.27
CANADA CLEAN FUELS 00317-0015 30-Nov-2020 MATERIALS 19,679.84
CANADA CLEAN FUELS 00320-0014 07-Dec-2020 MATERIALS 29,358.02
CANADA CLEAN FUELS 00321-0011 14-Dec-2020 MATERIALS 52,090.25
CANADA POST CORPORATION 00320-0015 07-Dec-2020 MATERIALS 5,169.57
CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)00317-0016 30-Nov-2020 CONTRACT SERVICES 7,214.15
CANADIAN CORPS OF COMMISSIONAIRES (HAMILTON)00320-0016 07-Dec-2020 CONTRACT SERVICES 11,880.78
CANADIAN DOOR DOCTOR 00317-0017 30-Nov-2020 CONTRACT SERVICES 485.90
CANADIAN DOOR DOCTOR 00321-0012 14-Dec-2020 CONTRACT SERVICES 3,084.91
CANADIAN LINEN & UNIFORM 00317-0018 30-Nov-2020 CONTRACT SERVICES 527.37
CANADIAN LINEN & UNIFORM 00320-0017 07-Dec-2020 CONTRACT SERVICES 524.87
CANADIAN LINEN & UNIFORM 00321-0013 14-Dec-2020 CONTRACT SERVICES 545.11
CANADIAN LOCATORS INC.00317-0019 30-Nov-2020 CONTRACT SERVICES 62,630.02
CANADIAN NATIONAL 00317-0020 30-Nov-2020 CONTRACT SERVICES 3,826.50
CANADIAN TIRE PROPERTIES INC.442501 25-Nov-2020 LEASES AND RENTS 3,419.16
CANADIAN URBAN TRANSIT ASSOCIATION 442503 25-Nov-2020 CONTRACT SERVICES 423.75
CANADIAN WARPLANE HERITAGE MUSEUM 442502 25-Nov-2020 MATERIALS 2,500.00
CANESTRARO,JUSTIN 442696 02-Dec-2020 MATERIALS 175.00
CANON CANADA INC 442832 09-Dec-2020 LEASES AND RENTS 660.46
CANTEC SECURITY SERVICES INC 00317-0021 30-Nov-2020 CONTRACT SERVICES 3,714.08
CAN-WEST CLEAN TEAM INC.442833 09-Dec-2020 MATERIALS 1,935.13
CAO,BAIWEI 442504 25-Nov-2020 REFUND 1,107.23
CARQUEST CANADA LTD.442505 25-Nov-2020 MATERIALS 31.44
CASSELS BROCK & BLACKWELL LLP 442697 02-Dec-2020 CONTRACT SERVICES 33,860.25
Page 738 of 947
Page 3 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
CASTLE MECHANICAL 442507 25-Nov-2020 MATERIALS 1,658.10
CASUCCI,KURTIS 442506 25-Nov-2020 MATERIALS 261.36
CATALINA EXCAVATING INC 442834 09-Dec-2020 CONTRACT SERVICES 7,810.97
CATERPILLAR FINANCIAL SERVICES LIMITED 00320-0018 07-Dec-2020 LEASES AND RENTS 29,375.35
CBM N.A. INC 00317-0022 30-Nov-2020 STORES/INVENTORY 904.50
CBM N.A. INC 00320-0019 07-Dec-2020 STORES/INVENTORY 329.90
CBM N.A. INC 00321-0014 14-Dec-2020 STORES/INVENTORY 1,582.32
CEBRYNSKI,JACKSON 442699 02-Dec-2020 MATERIALS 30.00
CENTENNIAL INFRASTRUCTURE (NIAGARA) INC 442836 09-Dec-2020 CONTRACT SERVICES 302,370.26
CENTRAL COMMUNICATIONS 442508 25-Nov-2020 CONTRACT SERVICES 824.90
CENTRAL COMMUNICATIONS 442835 09-Dec-2020 CONTRACT SERVICES 824.90
CENTRALSQUARE CANADA SOFTWARE INC.442837 09-Dec-2020 CONTRACT SERVICES 73,865.64
CERVUS EQUIPMENT #2602 00320-0020 07-Dec-2020 STORES/INVENTORY 443.33
CERVUS EQUIPMENT #2602 00321-0015 14-Dec-2020 STORES/INVENTORY 361.03
CHAMBERS WATER HAULAGE 1174723 ONTARIO LIMITED 00317-0023 30-Nov-2020 MATERIALS 80.00
CHAMPANERI,ABHIRAJ 442838 09-Dec-2020 MATERIALS 189.54
CHARLES JONES INDUSTRIAL LTD 00317-0024 30-Nov-2020 STORES/INVENTORY 96.55
CHARLES JONES INDUSTRIAL LTD 00320-0021 07-Dec-2020 STORES/INVENTORY 2,076.66
CHARLES JONES INDUSTRIAL LTD 00321-0016 14-Dec-2020 STORES/INVENTORY 1,051.96
CHEN,ELLEN 442839 09-Dec-2020 REFUND 5,775.76
CHIARELLA,BRUNO 442700 02-Dec-2020 REFUND 124.30
CIBC ELECTRONIC BANKING OPERATIONS 442510 25-Nov-2020 REFUND 435.38
CIEL PROPERTIES INC 442702 02-Dec-2020 REFUND 232.84
CIMCO REFRIGERATION 442703 02-Dec-2020 CONTRACT SERVICES 2,814.23
CIRCLE P. PAVING INC.442511 25-Nov-2020 CONTRACT SERVICES 322,964.75
CLAYDON,JEFF 442840 09-Dec-2020 MATERIALS 128.52
CLIFTON HILL BIA 442841 09-Dec-2020 REMITTANCE 17,500.00
CLUB ITALIA ORDER OF SONS OF ITALY 442512 25-Nov-2020 MATERIALS 300.58
CLUB ITALIA ORDER OF SONS OF ITALY 442842 09-Dec-2020 MATERIALS 1,050.00
COGECO CONNEXION INC 442513 25-Nov-2020 MATERIALS 73.39
COKER,JANET 442843 09-Dec-2020 MATERIALS 300.00
COLEMAN,LUCILLE 442515 25-Nov-2020 REFUND 79.10
COMPUGEN INC 442704 02-Dec-2020 MATERIALS 70,924.47
CONSEIL SCOLAIRE CATHOLIQUE MONAVENIR 00321-0018 14-Dec-2020 REMITTANCE 258,817.67
CONSEIL SCOLAIRE VIAMONDE 00321-0017 14-Dec-2020 REMITTANCE 77,422.73
COX,JOAN 442517 25-Nov-2020 REFUND 33.00
CRAWFORD & COMPANY (CANADA) INC 442518 25-Nov-2020 CONTRACT SERVICES 494.50
CRAWFORD & COMPANY (CANADA) INC 442705 02-Dec-2020 CONTRACT SERVICES 632.50
CRAWFORD & COMPANY (CANADA) INC 442844 09-Dec-2020 CONTRACT SERVICES 1,863.00
CRD CREIGHTON 442845 09-Dec-2020 MATERIALS 2,663.46
CRYDERMAN,GEORGE 442846 09-Dec-2020 MATERIALS 200.00
CSN GLEN-MERRITT COLLISION LTD 442519 25-Nov-2020 CONTRACT SERVICES 3,034.05
CUCUZ,ZORAN 442520 25-Nov-2020 MATERIALS 125.00
CUMMINS CANADA ULC 442706 02-Dec-2020 CONTRACT SERVICES 146.90
CUMMINS CANADA ULC 442521 25-Nov-2020 MATERIALS 26,735.33
CUPE LOCAL 133 00317-0025 30-Nov-2020 REMITTANCE 10,347.44
CUPE LOCAL 133 00321-0019 14-Dec-2020 REMITTANCE 9,628.60
D & D DIAMOND CUTTING & CORING INC 442527 25-Nov-2020 CONTRACT SERVICES 452.00
DA-LEE PAVEMENT PRODUCTS LP 442524 25-Nov-2020 MATERIALS 4,904.20
DAMARIO,TONY 442525 25-Nov-2020 MATERIALS 200.00
DANIELE,CHRIS 442848 09-Dec-2020 TRAINING 129.38
DANYLUCK,JON 442526 25-Nov-2020 MATERIALS 200.00
DARCH FIRE 00321-0020 14-Dec-2020 MATERIALS 470.81
DARK,TRENT 442849 09-Dec-2020 MATERIALS 985.59
DAVID,ALISON 442708 02-Dec-2020 MATERIALS 5,851.72
D'AVIRRO,MATT 442850 09-Dec-2020 MATERIALS 500.00
DAWN ART WORKS NIAGARA 442709 02-Dec-2020 REFUND 98.43
DE LAGE LANDEN FINANCIAL SERVICES CAN INC 442851 09-Dec-2020 LEASES AND RENTS 2,708.61
DECAST 442528 25-Nov-2020 MATERIALS 2,410.89
DELL CANADA INC 442852 09-Dec-2020 MATERIALS 11,002.10
DEMOL'S TIRE SALES & SERVICE 442853 09-Dec-2020 CONTRACT SERVICES 30.00
DEMOL'S TIRE SALES & SERVICE 442529 25-Nov-2020 MATERIALS 81.37
DEMOL'S TIRE SALES & SERVICE 442710 02-Dec-2020 MATERIALS 199.50
DEPENDABLE EMERGENCY VEHICLES 442530 25-Nov-2020 MATERIALS 1,880.87
DEPENDABLE EMERGENCY VEHICLES 442711 02-Dec-2020 MATERIALS 55.57
DESIGN ELECTRONICS 442531 25-Nov-2020 MATERIALS 5,101.80
DEVRON SALES LTD 442712 02-Dec-2020 MATERIALS 650.08
DIODATI,JIM 442532 25-Nov-2020 REMITTANCE 1,155.00
Page 739 of 947
Page 4 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
DIRTY DEEDS CONTRACTING 442713 02-Dec-2020 REFUND 750.00
DISTRICT SCHOOL BOARD OF NIAGARA 00321-0021 14-Dec-2020 REMITTANCE 7,463,709.48
DJURIC,GORAN 442714 02-Dec-2020 SERVICES 904.00
DOWD,MICHAEL 442715 02-Dec-2020 MATERIALS 175.00
DOWNTOWN BOARD OF MANAGEMENT 442716 02-Dec-2020 REMITTANCE 700.00
DOWNTOWN BOARD OF MANAGEMENT 442854 09-Dec-2020 REMITTANCE 34,337.78
DR. CHRISTOPHER GRANT RUSSELL 442632 25-Nov-2020 MATERIALS 3,941.37
DUFF,YVETTE 442717 02-Dec-2020 MATERIALS 100.00
DUFFERIN CONCRETE 00317-0026 30-Nov-2020 MATERIALS 806.59
DUFFERIN CONCRETE 00320-0023 07-Dec-2020 MATERIALS 1,334.23
DUFFERIN CONSTRUCTION COMPANY 442533 25-Nov-2020 CONTRACT SERVICES 79,677.73
DURWARD,BARBARA 442855 09-Dec-2020 REFUND 1,395.43
E & R LAWN EQUIPMENT 442858 09-Dec-2020 STORES/INVENTORY 71.96
EARLE,MONICA 442534 25-Nov-2020 REFUND 40.01
EASY FINANCIAL 442535 25-Nov-2020 PAYROLL REMITTANCE 267.01
EASY FINANCIAL 442856 09-Dec-2020 PAYROLL REMITTANCE 267.01
ELIA,KRISTINE 442536 25-Nov-2020 MATERIALS 29.16
ELLIS ENGINEERING INC.00321-0022 14-Dec-2020 MATERIALS 5,623.34
ENBRIDGE GAS INC 442537 25-Nov-2020 MATERIALS 119,760.06
ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00317-0027 30-Nov-2020 UTILITIES 828.69
ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00320-0024 07-Dec-2020 UTILITIES 28,070.06
ENBRIDGE GAS INC. O/A ENBRIDGE GAS DISTRIBUTION 00321-0023 14-Dec-2020 UTILITIES 7,961.36
E-QUIP RENTALS & REPAIRS INC 442539 25-Nov-2020 MATERIALS 1,406.86
E-QUIP RENTALS & REPAIRS INC 442718 02-Dec-2020 MATERIALS 200.72
E-QUIP RENTALS & REPAIRS INC 442857 09-Dec-2020 MATERIALS 69.89
EQUIPMENT SPECIALIST INC 442538 25-Nov-2020 MATERIALS 199.90
EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 00321-0024 14-Dec-2020 MATERIALS 20,542.84
EVANS,AUSTIN 442859 09-Dec-2020 MATERIALS 72.80
EVANS,DOUG 442540 25-Nov-2020 MATERIALS 112.99
EVANS,PAUL 442541 25-Nov-2020 MATERIALS 200.00
EXP SERVICES INC 442719 02-Dec-2020 MATERIALS 21,272.25
EXP SERVICES INC 442860 09-Dec-2020 MATERIALS 16,892.94
FALLS AUTO BODY INC 442861 09-Dec-2020 CONTRACT SERVICES 226.00
FALLS CHEVROLET CADILLAC 00317-0028 30-Nov-2020 CONTRACT SERVICES 102.75
FALLS CHEVROLET CADILLAC 00321-0025 14-Dec-2020 CONTRACT SERVICES 342.86
FALLS CHEVROLET CADILLAC 00320-0025 07-Dec-2020 MATERIALS 3,442.46
FALLS ELECTRIC INC 442862 09-Dec-2020 CONTRACT SERVICES 2,710.21
FALLSVIEW BIA 442863 09-Dec-2020 REMITTANCE 61,181.66
FALLSWAY SUPPLY 00317-0029 30-Nov-2020 MATERIALS 8.99
FALLSWAY SUPPLY 00321-0026 14-Dec-2020 MATERIALS 225.94
FARCO ENTERTAINMENT 442542 25-Nov-2020 MATERIALS 565.00
FARNAN,GARY 442720 02-Dec-2020 REFUND 175.00
FASTENAL CANADA LTD 442543 25-Nov-2020 STORES/INVENTORY 776.90
FASTENAL CANADA LTD 442721 02-Dec-2020 STORES/INVENTORY 1,977.50
FASTENAL CANADA LTD 442864 09-Dec-2020 STORES/INVENTORY 415.58
FEDERAL EXPRESS CANADA CORPORATION 442722 02-Dec-2020 MATERIALS 17.95
FEHR,MARK 442544 25-Nov-2020 MATERIALS 189.84
FEHR,MARK 442865 09-Dec-2020 MATERIALS 1,267.86
FILION WAKELY THORUP ANGELETTI LLP 00321-0027 14-Dec-2020 CONTRACT SERVICES 423.75
FIRE MONITORING OF CANADA INC 00317-0030 30-Nov-2020 CONTRACT SERVICES 2,132.36
FIRE MONITORING OF CANADA INC 00321-0028 14-Dec-2020 CONTRACT SERVICES 331.88
FIREHALL BOOKSTORE 442723 02-Dec-2020 MATERIALS 3.82
FIRST GENERAL NIAGARA 442866 09-Dec-2020 MATERIALS 2,828.84
FLEXO PRODUCTS LTD 00317-0031 30-Nov-2020 STORES/INVENTORY 162.72
FLEXO PRODUCTS LTD 00320-0026 07-Dec-2020 STORES/INVENTORY 731.43
FLEXO PRODUCTS LTD 00321-0029 14-Dec-2020 STORES/INVENTORY 1,560.95
FLORIDO,MERCHAN JAIRO& SUAREZ LOPEZ, SONNYA 442545 25-Nov-2020 REFUND 130.08
FOX EXCAVATING 442867 09-Dec-2020 CONTRACT SERVICES 12,543.00
FOX GROUP TECHNOLOGY 00317-0032 30-Nov-2020 SERVICES 527.34
FRANK COWAN COMPANY LIMITED 442724 02-Dec-2020 MATERIALS 17,618.98
FREDERICK,RICK 442868 09-Dec-2020 MATERIALS 200.00
G. O'CONNOR CONSULTANTS INC 00317-0034 30-Nov-2020 MATERIALS 3,729.00
GALES GAS BARS LIMITED 00321-0030 14-Dec-2020 FUEL 282.34
GEORGE,JOANNE 442546 25-Nov-2020 REFUND 109.29
GERRIE ELECTRIC WHOLESALE LTD 442547 25-Nov-2020 STORES/INVENTORY 54.92
GILLETT,LUKE 442869 09-Dec-2020 MATERIALS 2,400.00
GIRARDI,CHRISTINE 442548 25-Nov-2020 MATERIALS 185.65
GLICA,SHELLEY 442549 25-Nov-2020 REMITTANCE 941.25
Page 740 of 947
Page 5 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
GM BLUEPLAN ENGINEERING LIMITED 00317-0035 30-Nov-2020 MATERIALS 6,904.02
GM BLUEPLAN ENGINEERING LIMITED 00320-0027 07-Dec-2020 MATERIALS 32,209.54
GM BLUEPLAN ENGINEERING LIMITED 00321-0031 14-Dec-2020 MATERIALS 3,282.65
GOODMAN,MARK 442550 25-Nov-2020 MATERIALS 175.00
GP EMPIRE COMMUNITES (NIAGARA) LTD 442725 02-Dec-2020 REFUND 1,435.24
GRAYBAR CANADA 00321-0032 14-Dec-2020 MATERIALS 1,133.16
GREENWOOD,BARBARA 442551 25-Nov-2020 MATERIALS 200.00
GRIFFIN LANDSCAPE 442726 02-Dec-2020 CONTRACT SERVICES 22,696.06
GROWTH SOCIAL HOUSE INC,442870 09-Dec-2020 REFUND 2,502.90
GT FRENCH 442552 25-Nov-2020 MATERIALS 250.70
HARMAN,SCOTT 442553 25-Nov-2020 MATERIALS 200.00
HARTZEL MARINE,442554 25-Nov-2020 CONTRACT SERVICES 1,631.48
HDS CANADA INC 442872 09-Dec-2020 MATERIALS 406.57
HEART NIAGARA INC 442555 25-Nov-2020 MATERIALS 169.50
HEART NIAGARA INC 442727 02-Dec-2020 REMITTANCE 484.00
HENDERSON,JASON 442728 02-Dec-2020 MATERIALS 226.00
HENRY SCHEIN CANADA INC.442873 09-Dec-2020 MATERIALS 355.14
HERLOVITCH,ALEX 442874 09-Dec-2020 SERVICES 1,323.39
HIGH PEAKS SERVICES INC 442875 09-Dec-2020 MATERIALS 339.00
HINGSTON METAL FABRICATORS (1983) LTD.442556 25-Nov-2020 MATERIALS 8,401.55
HORTON AUTOMATICS OF ONTARIO 442557 25-Nov-2020 CONTRACT SERVICES 293.80
HUNTER,BRUCE 442729 02-Dec-2020 MATERIALS 120.00
IBI GROUP PROFESSIONAL SERVICES (CANADA) INC 00321-0033 14-Dec-2020 MATERIALS 24,247.99
IMETS,IMOLA 442558 25-Nov-2020 REFUND 73.60
INTERNATIONAL SAFETY 442560 25-Nov-2020 MATERIALS 1,237.35
IOANNONI,CAROLYNN 442876 09-Dec-2020 SERVICES 260.00
IRONWORKS NIAGARA 442561 25-Nov-2020 MATERIALS 3,388.73
IULIANO,MICHAEL 442877 09-Dec-2020 MATERIALS 100.00
J J MACKAY CANADA LTD 00317-0036 30-Nov-2020 MATERIALS 24.25
J.D. BARNES LIMITED 442730 02-Dec-2020 MATERIALS 3,955.00
J.D. BARNES LIMITED 442878 09-Dec-2020 MATERIALS 282.50
J.D. LOUIS INC 442879 09-Dec-2020 MATERIALS 336.74
JACK DOW AUTO SUPPLIES LIMITED 00317-0037 30-Nov-2020 MATERIALS 2,085.31
JACK DOW AUTO SUPPLIES LIMITED 00320-0028 07-Dec-2020 MATERIALS 37.37
JETWAYZ MOBILE SANDBLASTING AND PAINTING 442880 09-Dec-2020 MATERIALS 2,858.90
JOJACKS CONCRETE RAISING (NIAGARA)00320-0029 07-Dec-2020 CONTRACT SERVICES 38,702.50
KANDU POOLS & SPAS LIMITED 442562 25-Nov-2020 CONTRACT SERVICES 904.00
KANDU POOLS & SPAS LIMITED 442731 02-Dec-2020 REFUND 65.00
KEEFER MANAGEMENT INC 442563 25-Nov-2020 LEASES AND RENTS 5,340.04
KEHOE LAW ENFORCEMENT (LE) DISTRIBUTORS INC.442732 02-Dec-2020 MATERIALS 5,744.84
KEIGHAN,DANIEL 442564 25-Nov-2020 REFUND 101.70
KELLY DIGS LANDSCAPING 442565 25-Nov-2020 CONTRACT SERVICES 24,239.99
KENWORTH TRUCK CENTRES 00317-0038 30-Nov-2020 STORES/INVENTORY 963.97
KERRY T HOWE ENGINEERING LTD 442566 25-Nov-2020 MATERIALS 10,577.16
KIMBERLEY,WILFRED DAVID 442567 25-Nov-2020 REFUND 110.17
KODIAK TREE SERVICES 442881 09-Dec-2020 MATERIALS 12,607.98
KOFELL,KARLENE 442882 09-Dec-2020 REFUND 29.65
KROWN - 1907611 ONTARIO INC 442883 09-Dec-2020 CONTRACT SERVICES 3,943.19
KRUTASKY,MARIANNE 442568 25-Nov-2020 REFUND 149.73
LABRECHE,BETTY 442884 09-Dec-2020 REMITTANCE 40.00
LACROIX,MIGUEL& LACROIX, MIRANDA 442569 25-Nov-2020 REFUND 750.00
LANE,ROBERT 442570 25-Nov-2020 REFUND 348.22
LAROCQUE GROUP 00317-0039 30-Nov-2020 MATERIALS 395.50
LAW CRUSHED STONE 442571 25-Nov-2020 MATERIALS 3,989.45
LAW CRUSHED STONE 442885 09-Dec-2020 MATERIALS 3,493.02
LAWSON PRODUCTS 00317-0040 30-Nov-2020 MATERIALS 874.95
LAWSON PRODUCTS 00321-0034 14-Dec-2020 MATERIALS 913.62
LEACH,DAVID EVAN& LEACH, J'NAN 442886 09-Dec-2020 REFUND 750.00
LEVITT SAFETY 442734 02-Dec-2020 MATERIALS 6,706.24
LEVY,RAYMOND 442572 25-Nov-2020 REFUND 40.79
LEYENHORST,JON 442573 25-Nov-2020 MATERIALS 175.00
LH (NIAGARA) LTD 442735 02-Dec-2020 REFUND 6,000.00
LIGHTNING EQUIPMENT SALES INC 442574 25-Nov-2020 MATERIALS 5,342.64
LJ BARTON MECHANICAL INC 442575 25-Nov-2020 CONTRACT SERVICES 2,054.41
LOCOCO,LORI 442576 25-Nov-2020 SERVICES 122.12
LOMBARDI,MICHAEL 442887 09-Dec-2020 REFUND 84.75
LUCIOW,CARRIE 442888 09-Dec-2020 TRAINING 282.10
M&L SUPPLY FIRE AND SAFETY 00321-0036 14-Dec-2020 MATERIALS 2,195.56
Page 741 of 947
Page 6 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
MAIN & FERRY BIA 442889 09-Dec-2020 REMITTANCE 6,259.37
MALE,ROY 442736 02-Dec-2020 CONTRACT SERVICES 7,508.64
MANCUSO CHEMICALS LIMITED 00317-0041 30-Nov-2020 MATERIALS 324.15
MANCUSO CHEMICALS LIMITED 00320-0030 07-Dec-2020 MATERIALS 338.86
MANCUSO CHEMICALS LIMITED 00321-0037 14-Dec-2020 MATERIALS 327.00
MANOJLOVIC,STEVAN 442577 25-Nov-2020 MATERIALS 200.00
MARK'S COMMERCIAL 442578 25-Nov-2020 MATERIALS 263.69
MARK'S L'EQUIPEUR 442579 25-Nov-2020 MATERIALS 216.81
MARKS SUPPLY INC 442580 25-Nov-2020 MATERIALS 1,019.43
MARKS SUPPLY INC 442737 02-Dec-2020 MATERIALS 76.73
MARKS SUPPLY INC 442890 09-Dec-2020 MATERIALS 1,691.57
MARTIN,LEIDYS& MESA, LUIS 442581 25-Nov-2020 REFUND 341.25
MATSON,BILL 442738 02-Dec-2020 SERVICES 1,171.50
MAZI,JEFF 442739 02-Dec-2020 MATERIALS 144.06
MCAP SERVICE CORPORATION 442582 25-Nov-2020 REFUND 1,110.00
MCAULEY,DAVID 442583 25-Nov-2020 MATERIALS 175.00
MCCANICAL INC 442891 09-Dec-2020 CONTRACT SERVICES 11,154.55
MCGEE MARKING DEVICES 442584 25-Nov-2020 MATERIALS 178.54
MCGEE,KRYSTAL 442585 25-Nov-2020 REFUND 102.65
MCGOLDRICK,ANDREW 442892 09-Dec-2020 MATERIALS 175.00
MCKEAG,JASON 442893 09-Dec-2020 MATERIALS 175.00
MCLEOD & SAVOIE AUTO AND TRUCK REPAIRS LTD 442586 25-Nov-2020 CONTRACT SERVICES 610.20
MCLEOD & SAVOIE AUTO AND TRUCK REPAIRS LTD 442740 02-Dec-2020 CONTRACT SERVICES 124.30
METAL SUPERMARKETS 442741 02-Dec-2020 MATERIALS 846.64
METAL SUPERMARKETS 442894 09-Dec-2020 MATERIALS 26.31
METHNER,PETER 442587 25-Nov-2020 MATERIALS 175.00
METRO FREIGHTLINER HAMILTON 442742 02-Dec-2020 MATERIALS 2,150.34
METRO PLUMBING & HEATING 00320-0031 07-Dec-2020 CONTRACT SERVICES 12,249.20
METRO PLUMBING & HEATING 00321-0038 14-Dec-2020 CONTRACT SERVICES 13,576.95
METRO TRUCK NIAGARA 442589 25-Nov-2020 STORES/INVENTORY 289.11
METROLAND MEDIA GROUP 442588 25-Nov-2020 ADVERTISING 2,391.29
METROLAND MEDIA GROUP 442743 02-Dec-2020 ADVERTISING 922.08
METROLAND MEDIA GROUP 442895 09-Dec-2020 ADVERTISING 1,257.13
MIJATOVICH,NED 442744 02-Dec-2020 MATERIALS 35.00
MINISTER OF FINANCE 442747 02-Dec-2020 LEASES AND RENTS 128.05
MINISTER OF FINANCE 442896 09-Dec-2020 MATERIALS 65.00
MINISTER OF FINANCE 442745 02-Dec-2020 PAYROLL REMITTANCE 4,110.98
MINISTER OF FINANCE 442746 02-Dec-2020 PAYROLL REMITTANCE 89,130.84
MINISTRY OF ATTORNEY GENERAL 00317-0042 30-Nov-2020 PAYROLL REMITTANCE 3,297.26
MINISTRY OF ATTORNEY GENERAL 00321-0039 14-Dec-2020 PAYROLL REMITTANCE 3,297.26
MITCHELL,LOUIE 442590 25-Nov-2020 MATERIALS 200.00
MODERN LANDFILL INC 442591 25-Nov-2020 CONTRACT SERVICES 1,017.70
MODERN LANDFILL INC 442748 02-Dec-2020 CONTRACT SERVICES 4,446.80
MODERN LANDFILL INC 442897 09-Dec-2020 CONTRACT SERVICES 378.79
MOHAWK MFG & SUPPLY CO 442592 25-Nov-2020 STORES/INVENTORY 1,494.72
MOHAWK MFG & SUPPLY CO 442749 02-Dec-2020 STORES/INVENTORY 950.47
MOHAWK MFG & SUPPLY CO 442898 09-Dec-2020 STORES/INVENTORY 801.46
MOKRY,KEN 442593 25-Nov-2020 GRANT 4,915.50
MONTEITH BROWN PLANNING CONSULTANTS 00317-0043 30-Nov-2020 MATERIALS 20,464.93
MONTROSE LANDINGS INC 442899 09-Dec-2020 REFUND 14.00
MORGAN COMMEMORATIVE SERVICES LIMITED 442900 09-Dec-2020 REMITTANCE 4,586.87
MORNEAU SHEPELL LTD 442901 09-Dec-2020 CONTRACT SERVICES 2,726.46
MOTOROLA SOLUTIONS CANADA INC.442594 25-Nov-2020 LEASES AND RENTS 27,612.68
MRP STUDIOS 442902 09-Dec-2020 CONTRACT SERVICES 6,220.65
MSANF INC.442903 09-Dec-2020 MATERIALS 2,945.81
MTE PARALEGAL PROFESSIONAL CORPORATION 00317-0044 30-Nov-2020 CONTRACT SERVICES 2,531.17
MULLER'S WORKWEAR 442595 25-Nov-2020 MATERIALS 237.82
MULLER'S WORKWEAR 442750 02-Dec-2020 MATERIALS 199.27
NATIONAL TRAFFIC SAFETY MANAGEMENT INC 00317-0045 30-Nov-2020 MATERIALS 791.00
NATIONAL TRAFFIC SAFETY MANAGEMENT INC 00321-0040 14-Dec-2020 MATERIALS 452.00
NELLA CUTLERY (HAMILTON) INC.00317-0046 30-Nov-2020 CONTRACT SERVICES 135.60
NELLA CUTLERY (HAMILTON) INC.00321-0041 14-Dec-2020 CONTRACT SERVICES 203.40
NIAGARA ANALYTICAL LABORATORIES INC 00321-0042 14-Dec-2020 CONTRACT SERVICES 1,410.24
NIAGARA BATTERY & TIRE 442751 02-Dec-2020 MATERIALS 10,431.62
NIAGARA BATTERY & TIRE 442904 09-Dec-2020 MATERIALS 1,306.28
NIAGARA BATTERY & TIRE 442596 25-Nov-2020 STORES/INVENTORY 6,988.62
NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 00321-0043 14-Dec-2020 REMITTANCE 3,445,592.53
NIAGARA CHRYSLER DODGE JEEP 442597 25-Nov-2020 MATERIALS 789.64
Page 742 of 947
Page 7 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
NIAGARA CHRYSLER DODGE JEEP 442752 02-Dec-2020 MATERIALS 114.58
NIAGARA CHRYSLER DODGE JEEP 442905 09-Dec-2020 MATERIALS 731.46
NIAGARA CUSTOM POWDER COATING INC 442598 25-Nov-2020 MATERIALS 2,531.20
NIAGARA DISTRICT FIREFIGHTERS ASSOCIATION 442906 09-Dec-2020 MEMBERSHIP 225.00
NIAGARA FALLS ART GALLERY 00317-0047 30-Nov-2020 FEE FOR SERVICE 4,833.34
NIAGARA FALLS CANADA HOTEL ASSOCIATION INC 00321-0044 14-Dec-2020 REMITTANCE 385,382.01
NIAGARA FALLS HUMANE SOCIETY 00317-0048 30-Nov-2020 FEE FOR SERVICE 43,916.66
NIAGARA FALLS HUMANE SOCIETY 00321-0045 14-Dec-2020 MATERIALS 60.00
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00317-0049 30-Nov-2020 REMITTANCE 18,925.44
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00321-0046 14-Dec-2020 REMITTANCE 10,457.73
NIAGARA GLASS LTD 442599 25-Nov-2020 MATERIALS 37,453.85
NIAGARA METER SERVICES INC.442753 02-Dec-2020 CONTRACT SERVICES 5,602.60
NIAGARA ON THE LAKE HYDRO INC 442600 25-Nov-2020 UTILITIES 126.27
NIAGARA PENINSULA ENERGY INC 442601 25-Nov-2020 UTILITIES 13,355.21
NIAGARA PENINSULA ENERGY INC 442754 02-Dec-2020 UTILITIES 220,043.86
NIAGARA REGIONAL BROADBAND NETWORK 00317-0050 30-Nov-2020 MATERIALS 32,612.55
NIAGARA TRUCK N' STUFF INC 442602 25-Nov-2020 MATERIALS 303.86
NICKEL,ERIK 442907 09-Dec-2020 TRAVEL/MILEAGE 17.28
NIELSEN,BRIAN 442603 25-Nov-2020 REFUND 113.28
NIGHT WATCH SECURITY 442604 25-Nov-2020 CONTRACT SERVICES 2,331.19
NOREGON SYSTEMS INC.USDRAFT 08-Dec-2020 MATERIALS 400.00
NORRIS,STEVE 442605 25-Nov-2020 SERVICES 774.50
NORTH AMERICAN LOGISTICS 442755 02-Dec-2020 REFUND 323.78
NORTH AMERICAN TRANSIT SUPPLY CORPORATION 00317-0051 30-Nov-2020 STORES/INVENTORY 970.55
NORTH AMERICAN TRANSIT SUPPLY CORPORATION 00320-0032 07-Dec-2020 STORES/INVENTORY 386.57
NORTH AMERICAN TRANSIT SUPPLY CORPORATION 00321-0048 14-Dec-2020 STORES/INVENTORY 68.70
NRFCA 442908 09-Dec-2020 MEMBERSHIP 400.00
O.A.P.S.O.442607 25-Nov-2020 TRAINING 855.00
OAKWOOD GOSPEL HALL 442606 25-Nov-2020 REFUND 1,250.00
OMERS 00317-0052 30-Nov-2020 PAYROLL REMITTANCE 1,132,143.72
OMERS 00317-0053 30-Nov-2020 PAYROLL REMITTANCE 53,917.14
ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 00321-0049 14-Dec-2020 CONTRACT SERVICES 3,446.50
ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 00317-0054 30-Nov-2020 MATERIALS 13,610.85
ONTARIO ONE CALL 00317-0055 30-Nov-2020 CONTRACT SERVICES 1,157.85
ONTARIO POWER GENERATION 442756 02-Dec-2020 LEASES AND RENTS 3,277.00
ONTARIO PROFESSIONAL PLANNERS INSTITUTE 442608 25-Nov-2020 MATERIALS 904.00
PALENCIK,JAN 442609 25-Nov-2020 MATERIALS 200.00
PALENCIK,JAN 442757 02-Dec-2020 MATERIALS 56.00
PARENT,PAT 442610 25-Nov-2020 REFUND 110.54
PATTERSON FUNERAL HOME 442909 09-Dec-2020 REMITTANCE 5,013.82
PC AUTO ELECTRIC 442910 09-Dec-2020 MATERIALS 151.70
PEACEFULL,IAN 442758 02-Dec-2020 MATERIALS 100.00
PEARSON,REG 442911 09-Dec-2020 MATERIALS 300.00
PEC ROOF MAINTENANCE 00317-0056 30-Nov-2020 CONTRACT SERVICES 325.27
PEC ROOF MAINTENANCE 00321-0050 14-Dec-2020 CONTRACT SERVICES 891.81
PEMBERTON,HOLLY 442759 02-Dec-2020 MATERIALS 225.00
PENDYKOSKI,MICHAEL EDWARD 442760 02-Dec-2020 REFUND 750.00
PENINSULA HOSE & HYDRAULICS LTD.00317-0057 30-Nov-2020 MATERIALS 162.42
PENINSULA HOSE & HYDRAULICS LTD.00321-0051 14-Dec-2020 MATERIALS 42.74
PENNER BUILDING CENTRE 442611 25-Nov-2020 MATERIALS 203.16
PENNER BUILDING CENTRE 442761 02-Dec-2020 MATERIALS 15.80
PENNER BUILDING CENTRE 442913 09-Dec-2020 MATERIALS 520.70
PERRELLA HOMES INC 442612 25-Nov-2020 REFUND 2,000.00
PETERS EXCAVATING INC 00317-0058 30-Nov-2020 CONTRACT SERVICES 11,781.41
PETERS,RITA 442762 02-Dec-2020 REFUND 78.00
PGG MEDIA GROUP 442915 09-Dec-2020 MATERIALS 2,175.25
PICHE,ROGER 442914 09-Dec-2020 REFUND 40.00
PINERIDGE TREE SERVICE LTD 00321-0052 14-Dec-2020 CONTRACT SERVICES 12,420.96
PINERIDGE TREE SERVICE LTD 00317-0059 30-Nov-2020 MATERIALS 10,142.88
PINGUE,TINO 442763 02-Dec-2020 REFUND 1,000.00
PIPETEK INFRASTRUCTURE SERVICES INC 00317-0060 30-Nov-2020 CONTRACT SERVICES 23,157.11
PIPETEK INFRASTRUCTURE SERVICES INC 00320-0033 07-Dec-2020 CONTRACT SERVICES 6,678.50
PIPETEK INFRASTRUCTURE SERVICES INC 00321-0053 14-Dec-2020 CONTRACT SERVICES 21,020.87
PLANT'S CHOICE 442613 25-Nov-2020 MATERIALS 585.34
PRAXAIR 442614 25-Nov-2020 MATERIALS 79.18
PRAXAIR 442764 02-Dec-2020 MATERIALS 348.65
PRECISION CURB CUTTING LTD 442615 25-Nov-2020 CONTRACT SERVICES 3,885.35
PREMIER TRUCK GROUP 442765 02-Dec-2020 MATERIALS 787.36
Page 743 of 947
Page 8 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
PREMIER TRUCK GROUP 442916 09-Dec-2020 MATERIALS 421.02
PREMIER TRUCK GROUP 442616 25-Nov-2020 STORES/INVENTORY 2,432.99
PREVOST 00317-0061 30-Nov-2020 STORES/INVENTORY 1,497.04
PREVOST 00320-0034 07-Dec-2020 STORES/INVENTORY 4,021.59
PREVOST 00321-0054 14-Dec-2020 STORES/INVENTORY 1,975.18
PRINTING HOUSE LTD 00317-0062 30-Nov-2020 MATERIALS 63.98
PRINTING HOUSE LTD 00320-0035 07-Dec-2020 MATERIALS 323.75
PRO BATTERY SHOPS 00317-0063 30-Nov-2020 MATERIALS 1,838.27
PRO BATTERY SHOPS 00320-0036 07-Dec-2020 MATERIALS 1,871.85
PRO BATTERY SHOPS 00321-0055 14-Dec-2020 MATERIALS 1,041.30
PROFORMA 442617 25-Nov-2020 MATERIALS 884.90
PROJECT SHARE 442618 25-Nov-2020 FEE FOR SERVICE 24,866.66
PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 00321-0056 14-Dec-2020 CONTRACT SERVICES 131,498.43
PROVINCIAL DESIGN & FABRICATING INC 442619 25-Nov-2020 REFUND 750.00
PSECO INC 442767 02-Dec-2020 CONTRACT SERVICES 2,505.21
PUBLIC SERVICES HEALTH & SAFETY ASSOCIATION 442917 09-Dec-2020 MATERIALS 270.07
PUROLATOR INC 442620 25-Nov-2020 COURIER 437.85
PUROLATOR INC 442768 02-Dec-2020 COURIER 157.54
PUROLATOR INC 442918 09-Dec-2020 COURIER 208.70
PVS CONTRACTORS 442769 02-Dec-2020 CONTRACT SERVICES 211.88
PYRAMID TRAFFIC INC 00317-0064 30-Nov-2020 CONTRACT SERVICES 3,293.95
PYRAMID TRAFFIC INC 00320-0037 07-Dec-2020 CONTRACT SERVICES 9,718.00
QRX TECHNOLOGY GROUP/KERR NORTON 00320-0038 07-Dec-2020 SERVICES 89.27
QUARANTA,ROCCO 442621 25-Nov-2020 MATERIALS 214.49
QUARTEK GROUP INC 442622 25-Nov-2020 MATERIALS 2,187.68
R J SMITH EQUIPMENT INC 442629 25-Nov-2020 MATERIALS 3,497.35
R J SMITH EQUIPMENT INC 442923 09-Dec-2020 MATERIALS 1,175.09
R V ANDERSON ASSOCIATES LIMITED 442633 25-Nov-2020 MATERIALS 10,708.67
R W HAMILTON LTD.00320-0039 07-Dec-2020 MATERIALS 302.00
R. STASIAK ENGINEERING INC 00317-0065 30-Nov-2020 MATERIALS 6,949.50
R.O. BEAM & SON 442630 25-Nov-2020 REFUND 2,999.00
RACO AUTO SUPPLY LTD 442623 25-Nov-2020 STORES/INVENTORY 474.80
RACO AUTO SUPPLY LTD 442770 02-Dec-2020 STORES/INVENTORY 556.79
RACO AUTO SUPPLY LTD 442919 09-Dec-2020 STORES/INVENTORY 1,430.66
RAHMAN,NAIM 442624 25-Nov-2020 REFUND 1,000.00
RANKIN CONSTRUCTION INC 442626 25-Nov-2020 CONTRACT SERVICES 132,926.06
RANKIN CONSTRUCTION INC 442920 09-Dec-2020 CONTRACT SERVICES 240,328.57
RANKIN CONSTRUCTION INC 442625 25-Nov-2020 MATERIALS 16,797.19
RBC 442627 25-Nov-2020 REFUND 250.00
RBC INSURANCE 00320-0040 07-Dec-2020 REMITTANCE 2,298.97
RECEIVER GENERAL OF CANADA 442628 25-Nov-2020 REMITTANCE 477,733.47
RECEIVER GENERAL OF CANADA 442921 09-Dec-2020 REMITTANCE 648,943.28
RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.00320-0041 07-Dec-2020 MATERIALS 2,757.62
REFRIGERATION ENERGY SOLUTIONS LTD 00317-0066 30-Nov-2020 CONTRACT SERVICES 20,887.83
REFRIGERATION ENERGY SOLUTIONS LTD 00320-0042 07-Dec-2020 CONTRACT SERVICES 3,968.66
REFRIGERATION ENERGY SOLUTIONS LTD 00321-0057 14-Dec-2020 CONTRACT SERVICES 16,718.28
REGIONAL MUNICIPALITY OF NIAGARA 00317-0067 30-Nov-2020 REMITTANCE 16,711.74
REGIONAL MUNICIPALITY OF NIAGARA 00320-0043 07-Dec-2020 REMITTANCE 2,107,538.38
REGIONAL NIAGARA OCCUPATIONAL HEALTH CLINIC 442922 09-Dec-2020 MATERIALS 3,051.00
RICOH CANADA INC 00321-0058 14-Dec-2020 LEASES AND RENTS 6,964.83
RICOH CANADA INC 00317-0068 30-Nov-2020 SERVICES 3,663.95
RILEY,MEGHANN 442771 02-Dec-2020 MATERIALS 1,360.00
RK & ASSOCIATES 00317-0069 30-Nov-2020 MATERIALS 1,695.00
ROCHESTER MIDLAND CANADA CORPORATION 00317-0070 30-Nov-2020 CONTRACT SERVICES 797.09
ROGERS 442631 25-Nov-2020 CONTRACT SERVICES 2,772.97
RONALD C. ELLENS APPRAISALS INC 442924 09-Dec-2020 CONTRACT SERVICES 2,486.00
ROXBURGH LANDSCAPING 00320-0044 07-Dec-2020 CONTRACT SERVICES 31,244.50
RUDY STEHLE 442934 09-Dec-2020 MATERIALS 1,073.50
RUSH TRUCK CENTRES OF CANADA LTD 442925 09-Dec-2020 MATERIALS 6,293.88
SACCO CONSTRUCTION LTD 442772 02-Dec-2020 CONTRACT SERVICES 58,994.43
SACCO,DOLORES 442773 02-Dec-2020 TRAVEL/MILEAGE 199.26
SACCO,FRED 442926 09-Dec-2020 MATERIALS 200.00
SAFE STOR RECORDS MANAGEMENT 442634 25-Nov-2020 MATERIALS 294.93
SAFETY-KLEEN CANADA INC 442927 09-Dec-2020 CONTRACT SERVICES 339.15
SAFETY-KLEEN CANADA INC 442774 02-Dec-2020 MATERIALS 240.01
SAMRA,BALWANT& SAMRA, SANDEEP KAMAL 442775 02-Dec-2020 REFUND 182.08
SAMRA,BALWANT& SAMRA, SANDEEP KAMAL 442775 02-Dec-2020 REFUND 141.02
SANI GEAR 00317-0071 30-Nov-2020 MATERIALS 1,231.92
Page 744 of 947
Page 9 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
SCHLACHTA,TRACY 442928 09-Dec-2020 MATERIALS 175.00
SCOTIABANK BILL PAYMENT SERVICES 442637 25-Nov-2020 REFUND 127.90
SCOTT BEST SEWER SERVICES 442635 25-Nov-2020 CONTRACT SERVICES 875.75
SCOTT BEST SEWER SERVICES 00320-0045 07-Dec-2020 CONTRACT SERVICES 339.00
SCOTT,JONATHAN 442636 25-Nov-2020 REFUND 750.00
SEAWAY FLUID POWER GROUP LTD 00320-0046 07-Dec-2020 MATERIALS 280.07
SEEBACH,CHRIS 442929 09-Dec-2020 MATERIALS 175.00
SEELEY EQUIPMENT INC.442638 25-Nov-2020 MATERIALS 396.54
SERVICEMASTER CLEAN OF NIAGARA 00317-0072 30-Nov-2020 CONTRACT SERVICES 29,659.72
SHAW,FALYNN 442639 25-Nov-2020 REMITTANCE 210.00
SHEEHAN,TERRY 442930 09-Dec-2020 MATERIALS 169.49
SHERIDAN,BRENDA& SHERIDAN, PAUL 442640 25-Nov-2020 REFUND 407.97
SHERWIN-WILLIAMS 442931 09-Dec-2020 MATERIALS 187.40
SHRED IT C/O STERICYCLE ULC 442776 02-Dec-2020 CONTRACT SERVICES 2,689.17
SID GRABELL CONTRACTING LTD 442641 25-Nov-2020 CONTRACT SERVICES 417.35
SIMON,DEANNA DARLENE 442777 02-Dec-2020 REFUND 500.00
SMITH,RAYMOND 442642 25-Nov-2020 REFUND 315.62
SMITH,TEAGAN 442643 25-Nov-2020 MATERIALS 200.00
SOMERVILLE,GREG 442932 09-Dec-2020 MATERIALS 175.00
SPACESAVER SOLUTIONS INC.442778 02-Dec-2020 MATERIALS 734.50
SPARK INNOVATION EDUCATIONAL CENTER INC 00317-0073 30-Nov-2020 REMITTANCE 86,457.52
ST JOHN AMBULANCE 00321-0059 14-Dec-2020 FEE FOR SERVICE 27,876.45
ST JOHN AMBULANCE 00317-0074 30-Nov-2020 MATERIALS 2,951.84
ST. GEORGE & ST. ARCHANGEL MICHAEL 442781 02-Dec-2020 REFUND 181,573.85
STANTEC CONSULTING LTD 442779 02-Dec-2020 CONTRACT SERVICES 28,844.84
STAPLES BUSINESS ADVANTAGE 442645 25-Nov-2020 STORES/INVENTORY 1,579.65
STAPLES BUSINESS ADVANTAGE 442780 02-Dec-2020 STORES/INVENTORY 511.58
STAPLES BUSINESS ADVANTAGE 442933 09-Dec-2020 STORES/INVENTORY 1,566.98
STAPLES BUSINESS ADVANTAGE 00321-0060 14-Dec-2020 STORES/INVENTORY 4,869.65
STEPHENSON'S RENTAL SERVICES 442646 25-Nov-2020 MATERIALS 134.24
STEVENSVILLE LAWN SERVICE INC 00318-0001 30-Nov-2020 CONTRACT SERVICES 30,170.69
STEVENSVILLE LAWN SERVICE INC 00321-0061 14-Dec-2020 CONTRACT SERVICES 21,876.80
STOKES INTERNATIONAL 442783 02-Dec-2020 MATERIALS 580.82
STOUT,CARLA 442782 02-Dec-2020 MATERIALS 138.69
STOUTH,JOHN 442935 09-Dec-2020 MATERIALS 175.00
SUBWAY 442784 02-Dec-2020 MATERIALS 100.00
SULLIVAN MAHONEY 442647 25-Nov-2020 REMITTANCE 1,928.35
SUN LIFE ASSURANCE COMPANY OF CANADA 00320-0047 07-Dec-2020 REMITTANCE 461,490.85
SUN LIFE ASSURANCE COMPANY OF CANADA 00321-0062 14-Dec-2020 REMITTANCE 1,251.71
SUNBELT RENTALS INC 442648 25-Nov-2020 MATERIALS 692.51
SUPERIOR FOOD SERVICE 442785 02-Dec-2020 MATERIALS 236.98
SUPERIOR LAUNDRY SERVICE LTD.00317-0075 30-Nov-2020 CONTRACT SERVICES 160.47
SUPERIOR LAUNDRY SERVICE LTD.00320-0048 07-Dec-2020 CONTRACT SERVICES 259.35
SUPERIOR LAUNDRY SERVICE LTD.00321-0063 14-Dec-2020 CONTRACT SERVICES 205.67
SUPERIOR PROPANE 442786 02-Dec-2020 MATERIALS 906.64
TALK WIRELESS INC 00320-0049 07-Dec-2020 CONTRACT SERVICES 2,202.78
TALK WIRELESS INC 00319-0001 30-Nov-2020 MATERIALS 7,827.00
TARTEN EQUIPMENT LIMITED 442937 09-Dec-2020 MATERIALS 1,632.84
TAXITAB 442649 25-Nov-2020 CONTRACT SERVICES 854.28
TD CANADA TRUST 442650 25-Nov-2020 REFUND 300.00
TECHNICAL STANDARDS & SAFETY AUTHORITY 442651 25-Nov-2020 CONTRACT SERVICES 415.56
TENAQUIP LIMITED 442787 02-Dec-2020 STORES/INVENTORY 816.21
TENAQUIP LIMITED 442938 09-Dec-2020 STORES/INVENTORY 822.98
TERAVICH,MIKE 442939 09-Dec-2020 MATERIALS 175.00
THE BURKE GROUP 00320-0050 07-Dec-2020 CONTRACT SERVICES 113.00
THISTLEWAITE YARDWORKS 442652 25-Nov-2020 CONTRACT SERVICES 1,218.26
THOMSON REUTERS CANADA 442653 25-Nov-2020 MATERIALS 378.00
THYSSENKRUPP ELEVATOR (CANADA) LIMITED 00317-0077 30-Nov-2020 CONTRACT SERVICES 666.32
TIERRA GEOMATIC SERVICES INC 442788 02-Dec-2020 CONTRACT SERVICES 231.65
TIM HORTON'S STORE 1922 442789 02-Dec-2020 MATERIALS 81.95
TOMKINS,ARLENE 442940 09-Dec-2020 REFUND 40.00
TOPLIFFE,JEANETTE 442790 02-Dec-2020 MATERIALS 125.00
TOROMONT CAT 442791 02-Dec-2020 MATERIALS 1,715.26
TORONTO STAMP INC 00321-0064 14-Dec-2020 MATERIALS 103.28
TOUCHSTONE SITE CONTRACTORS 442654 25-Nov-2020 CONTRACT SERVICES 213,704.02
TRANSAXLE PARTS (HAMILTON) INC.442655 25-Nov-2020 STORES/INVENTORY 1,044.64
TRANSAXLE PARTS (HAMILTON) INC.442941 09-Dec-2020 STORES/INVENTORY 641.05
TRAPEZE SOFTWARE ULC 00317-0078 30-Nov-2020 CONTRACT SERVICES 6,607.54
Page 745 of 947
Page 10 of 10
CITY OF NIAGARA FALLS F-2021-04
MUNICIPAL ACCOUNTS
VENDOR NAME Cheque No.Cheque Date Purpose Amount
TRILLIUM INDUSTRIAL SAFETY INC 442656 25-Nov-2020 MATERIALS 1,309.01
TWARDAWSKY,NICK 442942 09-Dec-2020 TRAVEL/MILEAGE 83.70
ULINE CANADA CORPORATION 442943 09-Dec-2020 MATERIALS 1,265.02
ULINE CANADA CORPORATION 442657 25-Nov-2020 STORES/INVENTORY 674.64
UNIFIRST CANADA LTD 442944 09-Dec-2020 MATERIALS 294.72
UNISYNC GROUP LTD 00317-0079 30-Nov-2020 MATERIALS 113.00
UNISYNC GROUP LTD 00320-0051 07-Dec-2020 MATERIALS 4,016.43
UNISYNC GROUP LTD 00321-0065 14-Dec-2020 MATERIALS 917.00
UNITED WAY NIAGARA 442658 25-Nov-2020 PAYROLL REMITTANCE 904.46
UPPER CANADA CONSULTANTS 00321-0066 14-Dec-2020 MATERIALS 15,913.57
UPS CANADA 442945 09-Dec-2020 MATERIALS 33.37
URBAN & ENVIRONMENTAL MANAGEMENT INC 00317-0080 30-Nov-2020 MATERIALS 1,110.23
URBAN & ENVIRONMENTAL MANAGEMENT INC 00321-0067 14-Dec-2020 MATERIALS 20,243.52
URQUHART,TAYLOR 442793 02-Dec-2020 MATERIALS 100.00
V GIBBONS CONTRACTING LTD 00317-0081 30-Nov-2020 CONTRACT SERVICES 696,106.49
VACHON,ROBERT 442794 02-Dec-2020 TRAVEL/MILEAGE 25.92
VALUE MUFFLER & BRAKE CENTRE 442795 02-Dec-2020 CONTRACT SERVICES 167.50
VAN BERKEL,RYAN 442659 25-Nov-2020 MATERIALS 175.00
VECTOR TOOLING 442796 02-Dec-2020 CONTRACT SERVICES 1,898.40
VERNON,PATRICK 442660 25-Nov-2020 MATERIALS 150.00
VICTORIA CENTRE BIA 442946 09-Dec-2020 REMITTANCE 109,539.14
VIDAKOVIC,MILICA 442947 09-Dec-2020 REFUND 104.12
VIKING CIVES LTD 00317-0082 30-Nov-2020 MATERIALS 15,345.40
VIKING CIVES LTD 00320-0052 07-Dec-2020 MATERIALS 2,331.62
VILLARBOIT (NIAGARA FALLS) HOLDINGS LP 442661 25-Nov-2020 REFUND 1,250.00
VISION TRUCK GROUP 442798 02-Dec-2020 STORES/INVENTORY 258.28
VOCERA COMMUNICATIONS INC 442662 25-Nov-2020 SERVICES 8,738.29
VOLPE,MINA 442663 25-Nov-2020 REFUND 137.40
WALKER AGGREGATES INC 442799 02-Dec-2020 MATERIALS 606.61
WALKER AGGREGATES INC 442948 09-Dec-2020 MATERIALS 2,343.49
WAN,KELVIN 442949 09-Dec-2020 MATERIALS 175.00
WATERS,ANDREA 442664 25-Nov-2020 REFUND 500.00
WATERTRAX INC 442950 09-Dec-2020 CONTRACT SERVICES 8,915.30
WATSON & ASSOCIATES ECONOMISTS LTD 00321-0068 14-Dec-2020 CONTRACT SERVICES 15,815.48
WATSON,BERTRAM JAMES 442951 09-Dec-2020 REFUND 500.00
WEINMANN LIMITED 00321-0069 14-Dec-2020 CONTRACT SERVICES 18,715.12
WEIXIAN,HE 442800 02-Dec-2020 REFUND 750.00
WESTPIER MARINE & INDUSTRIAL SUPPLY INC.00320-0053 07-Dec-2020 MATERIALS 1,056.50
WESTPIER MARINE & INDUSTRIAL SUPPLY INC.00317-0083 30-Nov-2020 STORES/INVENTORY 1,195.94
WHITELINE ARCHITECTS INC 00317-0085 30-Nov-2020 MATERIALS 4,353.10
WOLSELEY CANADA INC.442665 25-Nov-2020 MATERIALS 12,143.85
WOLSELEY CANADA INC.442952 09-Dec-2020 MATERIALS 5,664.17
WOLSELEY CANADA INC.442801 02-Dec-2020 STORES/INVENTORY 43.51
WOMEN'S PLACE OF SOUTH NIAGARA INC 442666 25-Nov-2020 FEE FOR SERVICE 1,612.50
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS 442953 09-Dec-2020 MATERIALS 6,829.04
WOOD,RON 442802 02-Dec-2020 MATERIALS 150.00
WORK AUTHORITY 442667 25-Nov-2020 MATERIALS 1,000.00
WORK AUTHORITY 442803 02-Dec-2020 MATERIALS 200.00
WORK EQUIPMENT LTD 442668 25-Nov-2020 MATERIALS 3,049.43
WORK EQUIPMENT LTD 442804 02-Dec-2020 MATERIALS 7,362.40
WORKMAN PHOTOGRAPHY 442669 25-Nov-2020 MATERIALS 678.00
WSIB 442670 25-Nov-2020 REMITTANCE 37,407.64
WSIB 442805 02-Dec-2020 REMITTANCE 5,858.46
WSIB 442954 09-Dec-2020 REMITTANCE 21,603.78
WSIB 442955 09-Dec-2020 REMITTANCE 559.78
WTH CAR RENTAL ULC 442671 25-Nov-2020 REMITTANCE 40.00
WYNDHAM GARDEN NIAGARA FALLS FALLSVIEW 442956 09-Dec-2020 MATERIALS 117.52
XCG CONSULTING LIMITED 00317-0086 30-Nov-2020 MATERIALS 2,168.47
XCG CONSULTING LIMITED 00320-0055 07-Dec-2020 MATERIALS 4,588.94
XPLORNET COMMUNICATIONS INC 442672 25-Nov-2020 SERVICES 107.34
XPLORNET COMMUNICATIONS INC 442957 09-Dec-2020 SERVICES 107.34
YUHUI,YE 442807 02-Dec-2020 REFUND 500.00
YWCA 442673 25-Nov-2020 FEE FOR SERVICE 4,277.75
ZAMBONI COMPANY LTD 442674 25-Nov-2020 MATERIALS 12,838.35
ZAMBONI COMPANY LTD 442808 02-Dec-2020 MATERIALS 1,645.28
Total 22,926,532.49
Page 746 of 947
L-2021-01
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Legal Services
SUBJECT: L-2021-01
Declare Surplus of Lands
Lands between 3846 Portage Road and 3843 Orlando Drive
Our File No. 2019-193
RECOMMENDATION
1. That in the event Council determines that it is in the public interest to do so, that
Vacant Land between 3846 Portage Road and 38 43 Orlando Drive, being Part
Block M on Plan 33 being Part 2 on 59R-11823, and, Part Block L on Plan M33
being Part 1 on 59R-11823, hereinafter referred to as the “Subject Lands”, as
shown outlined in yellow on the attached location map, be declared surplus to the
City’s needs.
2. That the Mayor and City Clerk and Solicitor, be authorized to take whatever steps
and sign whatever documents are required to carry out Recommendation 1.
EXECUTIVE SUMMARY
Description: Part Block M on Plan 33 being Part 2 on 59R-11823 (PIN
64278-0201), and, Part Block L on Plan M33 being Part 1 on
59R-11823 (PIN 64278-0199)
Total Area: Part 2 on 59R-11823 – 40.0’ x 26.86’
Part 1 on 59R-11823 – 40.0’ x 132.76’
Total Land Area for both Parts is 6,394 sq. ft.
Zoning: Residential and Two Zone (R2)
Type of Property: Vacant Land – Paved Asphalt – Part of Parking Lot
Location: Subject Lands located between 3846 Portage Road and 3843
Orlando Drive
Page 747 of 947
2
L-2021-01
January 19, 2021
BACKGROUND
The City acquired Part of Block M on Plan 33 in exchange for lands with Fennel
Developments Limited and McNally Bros. (1965) Limited, on June 9, 1977, and, the City
further acquired Block L on Plan 33 to fulfill a condition of a Subdivision Agreement. The
Subject Lands are located west of 3843 Orlando Drive and are abutting and adjacent to
the rear of the former Stamford Lions Club Hall located at 3846 Portage Road.
The Stamford Lions Club inadvertently paved a portion of the Subject Lands, and, had
been using the Subject Lands for parking for many years. In May, 2000, the City agreed
to the Stamford Lions Club’s continued use of the Subject Lands by way of entering into
a Licence Agreement, which commenced May 15, 2000, to licence the Subject Lands for
a term of twenty (20) years.
Subsequent to the Licence Agreement, Stamford Lions Club requested to purchase the
Subject Lands. By-law 2003-86 authorized the execution of an Offer to Purchase for
nominal consideration ($2.00) from the Stamford Lions Club for Parts 1 and 2 on 59R-
11823. The Subject Lands were transferred to the Stamford Lions Club on May 6, 2003,
together with the City registering a Notice of Option to Purchase, should Stamford Lions
Club desire to offer for sale either or both of Parts 1 and 2 in the future.
Notice was provided by the Stamford Lions Club, and, the City exercised its right to
repurchase the Subject Lands by registered transfer on December 17, 2020, for nominal
consideration ($2.00).
The City has received a request from the new owners of 3846 Portage Road, being a
numbered company, to purchase the Subject Lands, as the numbered company has now
purchased the former Stamford Lions Club lands, and, wishes to add the Subject Lands
to its lands for development purposes. Prior to any conveyance, the Subject Lands must
be declared surplus to the City’s needs.
Public notice of the declaration of surplus of the Subject Lands was given in the January
8, 2021, issue of the Niagara Falls Review in accordance with the City’s By-law No. 2003-
02.
FINANCIAL IMPLICATIONS
In the event that the Subject Lands are sold at its appraised value, the City will recognize
a return in the amount of the sale price. Further, the Subject Lands will immediately start
generating tax revenue, and, the City will be no longer be responsible for the costs relating
to maintenance of the Subject Lands, including the removal of the asphalt, as it will
continue to be used as part of parking for 3846 Portage Road.
The Purchaser will be responsible for all costs relating to the sale of the Subject Lands,
including, but not limited to, the appraisal and public notice.
Page 748 of 947
3
L-2021-01
January 19, 2021
CITY’S STRATEGIC COMMITMENT
The proposed transaction is consistent with the “Responsible & Transparent Financial
Management” City initiative in that the declaring the lands as surplus lands will generate
funds, which can be allocated to other City initiatives.
ATTACHMENTS
Attachment “A” – Location Map & Aerial Views
Attachment “B” – Part of Reference Plan 59R-11823
Recommended by:
Ed Lustig, City Solicitor
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Attachments
Page 749 of 947
4
L-2021-01
January 19, 2021
ATTACHMENT “A”
LOCATION MAP AND AERIAL VIEWS
Page 750 of 947
5
L-2021-01
January 19, 2021
ATTACHMENT “B”
PART OF REFERENCE PLAN 59R-11823
Page 751 of 947
MW-2021-04
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Municipal Works & Business Development
SUBJECT: MW-2021-04
FedDev Tourist Area Connection and Transportation Study
RECOMMENDATION
1. That Council receives for information Report MW -2021-04 regarding the successful
grant application for a Tourist Area Connection and Transportation Study in 2021 from
the Federal Economic Development Agency for Southern Ontario (FedDev); and
further,
2. That the Mayor and City Clerk be authorized to execute a Contribution Agreement
and/or Transfer Payment Agreement with FedDev for the Study; and further,
3. That the Director of Municipal Works/City Engineer, or designate, be authorized to
execute sole-source procurements as well as request for proposal (RFP)
procurements for the purposes of this study, where the procurements follow the
relevant terms and conditions of the City’s Procurement Bylaw, Approved Project
Bylaw and Consultant Selection Policy, and where award of RFP’s is recommended
to the highest overall-scoring compliant proponent; and further,
4. That Staff report back to Council on the progress of this Study near its completion date
in Spring 2022.
EXECUTIVE SUMMARY
City Staff were notified in late December of the successful application for 100%
federal/provincial funding from the Federal Economic Development Agency Tourism
Initiative Funding for Southern Ontario (FedDev) in the amount of $800,000 for the
purposes of completing a Tourist Area Connection and Transportation Study.
This project will engage industry stakeholders under a City-led team for the purposes of
developing a transportation strategy that promotes contiguous connections between key
destinations within the Tourist Area through both transit and pedestrian modes.
Final invoicing to FedDev on this study must be submitted before March 2022, which is
an extremely aggressive timeframe given the large scope of work. Consequently, Staff
Page 752 of 947
2
MW-2021-04
January 19, 2021
are recommending in this report that Council delegate its authority for the authorization
of agreements and procurements to Staff in order to expedite the project.
BACKGROUND
Late last year, FedDev Ontario released a program requesting expressions of interest for
tourism related projects or initiatives. Staff consulted with our Tourism Task Force
Committee comprised of representatives from Fallsview Casino, Niagara Parks
Commission, Niagara Falls Hotel Association, Niagara Falls Tourism and Hornblower
Niagara Cruises, it was determined that the submission to be for the development of a
tourism transportation/connectivity masterplan to improve the visitor experience and
tourism related economic benefits to Niagara Falls through enhanced connectivity
between key tourism points of interest and attractions. The Task Force will play an active
role in the development of the masterplan.
One of the prime objectives of this study is to develop a master transportation connectivity
plan and phasing strategy that can be adopted by the City and thus integrated into future
private sector initiatives, plans and capital projects.
ANALYSIS/RATIONALE
FedDev has specified that final invoicing for this project must be submitted by March
2022, thus limiting the project duration to 14 months, or less, depending on the timing of
approvals between the City and FedDev for this project.
It is very clear to Staff that these timelines are extremely aggressive and accordingly will
require careful planning and execution in order to complete this study within the specified
timeframe. As a result, Staff are requesting Council’s consideration to delegate its
authority for the authorization of procurements to Staff. This practice is has been
generally accepted by Council previously by way of the Approved Project Bylaw and
Consultant Selection Policy specifically for projects have been previously identified and
approved in a Capital Budget. Since this project was not previously identified in the
Capital Budget, Council’s permission is herewith being sought.
Once formal authorization has been provided by FedDev, Staff are recommending to
approach this project through the immediate engagement of an external project
management firm who will lead this study firstly by scoping the project, meeting with
stakeholders, and drafting the terms of reference for a request for proposal (RFP).
Request for proposal will subsequently be released that will aim to engage professional
firms with experience and expertise in world-class transportation systems for the delivery
of the main efforts involved in this study under the guidance of the project steering team
consisting of City Staff and the project management firm.
Project management will be broken-up into two phases; phase 1 being a scoping of the
assignment and release of a RFP, and phase 2 being the management of the project,
stakeholder engagement, and management of the consultant. Thus upon authorization
Page 753 of 947
3
MW-2021-04
January 19, 2021
Staff recommend retaining a project management firm based on a defined scope and
upset limit fees for phase 1, and then negotiating a scope and upset limit fee with the
same firm for phase 2 efforts at a later date once the scope of the work is known in greater
detail.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
FedDev has approved a grant totalling $800,000 for this study. The City Treasurer will
be required to establish an account for this study and to manage transactions and
payables.
City Staff from Business Development and Municipal Works will act at project directors
and will manage the efforts of the project manager and the study consultant. This will
include liaison with stakeholders and agencies such as the BIA’s, Niagara Parks
Commission, and Casino’s.
Legal Department will be required to assist in the execution of documents related to this
study.
CITY’S STRATEGIC COMMITMENT
This study aligns with the objectives of the 2019-2022 Strategic Priorities to provide
Convenient and Accessible Transportation, and to achieve a Vibrant and Diverse
Economy by using transportation to assist in the movement of people for employment,
and global investment, and by working with stakeholders to establish a traffic & pedestrian
master plan in the tourist core.
LIST OF ATTACHMENTS
N/A
Recommended by:
Erik Nickel, Director of Municipal Works/City Engineer
Recommended by:
Serge Felicetti, Director of Business Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Page 754 of 947
MW-2021-05
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Municipal Works - Transportation Services
SUBJECT: MW-2021-05
Alpine Drive at Pamela Drive
Intersection Control Review
RECOMMENDATION
That a stop sign is installed on Alpine Drive at Pamela Drive facing southbound traffic.
EXECUTIVE SUMMARY
A stop sign is warranted at the study intersection as it is determined that yield control is
inadequate.
BACKGROUND
City Staff has received a request to review the intersection control at Alpine Drive at
Pamela Drive. Currently, a YIELD sign facing southbound traffic controls the intersection.
ANALYSIS/RATIONALE
Study results indicate that a stop control is warranted at the aforementioned intersection.
The approach sight triangle requirement for yield control is not met, thus warranting
additional traffic control. This is common in developed residential areas where vegetation,
fences and dwellings are present within the visibility clear zone. A collision review
revealed that a collision problem does not exist at the study intersection in the previous
three years. The installation of the stop sign will ensure motorists on the minor approach
stop and yield the right-of-way to motorists on the major road.
Page 755 of 947
2
MW-2021-05
January 19, 2021
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The installation of the stop sign is to be carried out by Municipal Works - Transportation
Services staff. The labour and material costs will be accounted for in the 2021 General
Purposes Budget. It is estimated that the cost to install the sign is approximately $150.
CITY’S STRATEGIC COMMITMENT
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist and pedestrian safety.
LIST OF ATTACHMENTS
Attachment 1 – Study Area Map
Recommended by:
Erik Nickel, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
M. Bilodeau
Page 756 of 947
MW-2021-05
Alpine Drive & Pamela Drive
Intersection Control Review
Alpine Drive
Proposed Stop Sign
Page 757 of 947
MW-2020-06
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Municipal Works - Transportation Services
SUBJECT: MW-2021-06
Green Avenue and Hodgson Avenue
Intersection Control Review
RECOMMENDATION
That a stop sign is installed on Green Avenue and Hodgson Avenue facing eastbound
traffic.
EXECUTIVE SUMMARY
A stop sign is warranted at the study intersection to properly assign the right-of-way
amongst motorists.
BACKGROUND
City Staff has received a request to review the intersection control at Green Avenue and
Hodgson Avenue. Currently, it is an uncontrolled tee intersection.
ANALYSIS/RATIONALE
Study results indicate that a stop control is warranted at the aforementioned intersection.
The approach sight triangle requirement for an uncontrolled condition is not met, thus
warranting additional traffic control. This is common in developed residential areas where
vegetation, fences and dwellings are present within the visibility clear zone. A collision
review revealed that a collision problem does not exist at the study intersection in the
previous three years. The installation of the stop sign will ensure motorists on the minor
approach stop and yield the right-of-way to motorists on the major road.
Page 758 of 947
2
MW-2020-06
January 19, 2021
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The installation of the stop sign is to be carried out by Municipal Works - Transportation
Services staff. The labour and material costs will be accounted for in the 2021 General
Purposes Budget. It is estimated that the cost to install the sign is approximately $150.
CITY’S STRATEGIC COMMITMENT
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist and pedestrian safety.
Recommended by:
Erik Nickel, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
M. Bilodeau
Page 759 of 947
MW-2021-06
Green Avenue & Hodgson Avenue
Intersection Control Review .Proposed Stop Sign
Page 760 of 947
MW-2020-08
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Municipal Works - Transportation Services
SUBJECT: MW-2021-08 Traffic Signal Signing Authority
RECOMMENDATION
That the Director of Municipal Works and Manager of Transportation Engineering be
designated as the signing authority(s) to approve the design and erection of traffic signals
within the Municipality of Niagara Falls.
EXECUTIVE SUMMARY
In accordance with Highway Traffic Act Section 144 (31), all traffic signal controls shall
be erected or installed in accordance with an approval obtained from persons designated
to give such approvals by the Municipality. Thus it is recommended that the Director of
Municipal Works and Manager of Transportation Engineering be authorized this
designation.
BACKGROUND
All Road Authorities in Ontario are responsible for designating a person(s) to approve the
traffic signal designs and installations on their own roadways as per the Highway Traffic
Act. Previously the signing authority was granted to the Director of Transportation
Services. However, given the recent corporate restructuring it is necessary to transfer
the authority to the Director of Municipal Works and Manager of Transportation
Engineering, both positions are qualified to review the design to ensure it complies with
applicable standards and guidelines.
ANALYSIS/RATIONALE
Transportation Services staff in the Municipal Works Department oversees the design
and installation of traffic signals at intersections under the jurisdiction of Niagara Falls.
Therefore, it is prudent that the Director of Municipal Works and Manager of
Page 761 of 947
2
MW-2020-08
January 19, 2021
Transportation Engineering are granted the authority to authorize the legal drawings as
required under the Highway Traffic Act.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
It is a recommended practice that all road authorities ensure that competent, qualified
persons review the design for the traffic control signal system to ensure the design
complies with applicable standards and guidelines, thereby optimizing the safety and
operation of the signal and assisting in the protection of the road authority should a traffic
collision or other mishap occur. In many cases, Municipalities have formally designated
the positions responsible for the approval through Council resolutions (although this is not
specifically required by law). It is recommended practice that the responsibility for
approval should be granted to two people designated to authorize the signal design.
CITY’S STRATEGIC COMMITMENT
Encourage multi-modal travel and active transportation initiatives, and enhance motorist,
cyclist and pedestrian safety.
Recommended by:
Erik Nickel, Director of Municipal Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
M. Bilodeau
Page 762 of 947
R&C-2021-01
January 19, 2021
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Recreation & Culture
SUBJECT: R&C-2021-01
2020 Annual Update from the Public Art Advisory Task Force
RECOMMENDATION
For the information of Council.
EXECUTIVE SUMMARY
City Council is the steward of the City’s public art and as such, holds it in trust for the
citizens of the City of Niagara Falls. Council will maintain and develop the public art
collection in keeping with the vision statement and goals of the Public Art Policy. Council
designates the custody of public art to the Recreation & Culture Department.
The management of public art will be the responsibility of City of Niagara Falls staff with
the assistance of the Public Art Advisory Task Force (PAATF) who will:
1. Ensure the development of a collection management system, with documentation
standards and procedures modelled on museum practices and with an ongoing
system of maintenance and inspection.
2. Develop, maintain and promote the art collection and oversee the provision of
fiscal resources for this purpose.
3. Preserve the physical integrity and security of the art collection and the provision
of adequate facilities and resources for its long term care.
4. Arrange for the installation and placement of public art in public spaces.
5. Facilitate programming and public education op portunities related to the art
collection’s use and promotion.
This report provides Council with an update on submissions to the PAATF in 2020.
Page 763 of 947
2
R&C-2021-01
January 19, 2021
BACKGROUND
Public Art is defined as physical works of art and cultural property installed in the public
realm. These works of art can be temporary or permanent, and may be installed within
buildings, or outdoors on public lands. This document provides a vision, purpose and
goals for the City’s relationship with all public art, while specifically addressing
management guidelines and policy for the public art that currently exists.
Visually beautiful cities stimulate a sense of pride and commitment. Through its Public Art
Policy, the City of Niagara Falls strives to create vibrant public spaces that reflect th e
diversity of our community and engage its residents and visitors with quality works of
public art.
The City of Niagara Falls seeks to encourage all those who care about the community to
participate in making art, collecting it and commissioning it.
The goals of Public Art will be to;
1. Provide access to art in public places for all of Niagara Falls citizens.
2. Enhance Niagara Falls’ desirability as a community by creating appealing
environments in which to live, work and play.
3. Honour, preserve and encourage our cultural heritage and artistic diversity.
4. Promote civic identity through awareness and preservation of the community’s
history, cultures and living arts.
5. Support effective urban planning, economic development and cultural tourism
opportunities.
All public art projects and acquisitions will be assessed and developed according to the
above goals.
The following works were submitted for consideration by the PAATF:
One application was received and reviewed in 2020.
Applications recommended for acquisition
Title: Commemorative Plaque honouring the “Canadian Power Generations Pioneers”
Artist/Applicant: Mr. Zak Erinclioglu
Category: Commemorative Element
Page 764 of 947
3
R&C-2021-01
January 19, 2021
Date Submitted: January 30, 2020
Date Reviewed: March 2, 2020
Note: The TF recommended moving forward with this project at quarterly meeting on
March 2, but Mr. Erinclioglu withdrew the application on March 9, 2020.
Internal Gift to City NOT recommended
Title: Limited Edition Doug Bloodworth Print – no title
Artist: Doug Bloodworth
Category: Visual Art
Date Submitted: March 2, 2020
Date Reviewed: December 14, 2020
Note: The framed print was a gift that came to the City Planning Department in January
2020. Because the print does not meet enough of the Selection Criteria, the Task For ce
did not recommend bringing it into the Collection. Instead, the Task Force
recommended it be given to the Niagara Falls Children’s Museum.
ANALYSIS/RATIONALE
The works were considered by the PAATF based on the criteria established in the Public
Art Policy.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
The works accepted into the collection do have spatial storage needs. Currently, all items
in the public art collection reside on City property, including offices and public outdoor
spaces. Staff is required to ensure proper paperwork and documentation is followed to
ensure transfer of ownership and long-term understanding of the collection. W orks in the
collection do require ongoing monitoring and maintenance when necessary.
CITY’S STRATEGIC COMMITMENT
The City of Niagara Falls is committed to building and promoting a vibrant, sustainable
City that supports an active, connected, and creative community. Through public art, the
City can stimulate a sense of pride and commitment from residents and visitors to the City
of Niagara Falls.
Page 765 of 947
4
R&C-2021-01
January 19, 2021
Recommended by:
Kathy Moldenhauer, Director of Recreation and Culture
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Page 766 of 947
CCHHII EEFF OOFF SSTTAAFFFF OOFFFFII CCEE
Niagara Health System
1200 Fourth Ave., (2C26.169)
St. Catharines, ON L2S 0A9
Tel: (905) 378 -4647 Ext 44224
Fax: (905) 704-4195
CHIEF OF S TAFF,
EVP MEDICAL
Dr. Johan Viljoen
DDEEPPAARRTTMMEENNTT CCHH IIEEFFSS
Dr. D. Duvall
Anaesthesiology
Dr. J. Dobranowski
Diagnostic Imaging
Dr. R. Setrak
Emergency Medicine
Dr. L. Jensen
Medicine
Dr. M. Lewis
Mental Health & Addictions
(Interim)
Dr, K MacMillan
Dr. O. Olufowobi
Obstetrics/Gynaecology
Dr. M. Levesque
Oncology
Dr. M. Roy
Paediatrics
Dr. S. Chawla
Laboratory Medicine
Dr. I. Brown
Surgery
January 13th, 2021
We are writing to request your urgent help.
Niagara has received its first shipment of Pfizer COVID -19 vaccines. It is a
day we have been waiting for since the first vaccines were administered in
Ontario on December 14, 2020. Over the past month, COVID spread in
Niagara has become increasingly serious and we need your help to
advocate for Niagara’s fair share of vaccines.
As physicians and healthcare workers on the frontlines of this near year -
long battle with the pandemic, we want to recognize all the hard work
done by our colleagues to protect the health and safety of our community
and the numerous lives they have saved under the most difficult of
circumstances. Today, we are caring for 62 COVID -positive patients in
hospital, with 12 patients in Intensive Care. During the first week of the
New Year, we cared for as many as 93 patients in a single day at the
hospital. Sadly, 90 patients being treated for COVID have died, with 50 of
those deaths taking place since the onset of the sec ond wave in the fall of
2020.
Additionally, Niagara Health has been called upon to manage and protect
the residents of two long-term care homes. Our teams risked their own
health and well-being to enter these homes and provide the life-saving
support to residents. In particular, one of the homes we are supporting is
experiencing one of the most significant outbreaks anywhere in Ontario,
with 96 per cent of the home’s 122 residents testing positive for the virus.
Thirty residents have died and 121 staff were infected.
In short, the virus is heavily impacting our region. Our teams are burned
out; people are worried for their loved ones and they need hope. Hope
that the vaccine offers. While we are pleased to receive the initial
shipments of the Pfizer vacc ine, the reality is that it’s not enough. It’s not
enough to vaccinate our vulnerable population and not enough to
guarantee continuous operation of your hospital system. This is
compounded by the inexplicable diversion of the Moderna vaccine, which
would have gone to the most vulnerable population that we care for in
Niagara.
It has been particularly disheartening for us in Niagara to see that we are
not being treated equitably with other areas in the province. There are 32
long-term care homes in Niagara and not one healthcare worker, not one
resident received the vaccine prior to today. In contrast, Windsor has 19
long-term care homes and has already vaccinated all of them. The same
is true for York Region’s 28 homes. This frustration is multiplied by r egular
Page 767 of 947
CCHHII EEFF OOFF SSTTAAFFFF OOFFFFII CCEE
Niagara Health System
1200 Fourth Ave., (2C26.169)
St. Catharines, ON L2S 0A9
Tel: (905) 378 -4647 Ext 44224
Fax: (905) 704-4195
CHIEF OF S TAFF,
EVP MEDICAL
Dr. Johan Viljoen
DDEEPPAARRTTMMEENNTT CCHH IIEEFFSS
Dr. D. Duvall
Anaesthesiology
Dr. J. Dobranowski
Diagnostic Imaging
Dr. R. Setrak
Emergency Medicine
Dr. L. Jensen
Medicine
Dr. M. Lewis
Mental Health & Addictions
(Interim)
Dr, K MacMillan
Dr. O. Olufowobi
Obstetrics/Gynaecology
Dr. M. Levesque
Oncology
Dr. M. Roy
Paediatrics
Dr. S. Chawla
Laboratory Medicine
Dr. I. Brown
Surgery
reports of individuals, who are not eligible under the government’s own
criteria, being vaccinated against COVID prior to those who desperately
need it in Niagara. Shockingly, some people in other jurisdictions have
received their second dose of the Pfizer vaccine before a single dose
made its way into our community. Our older adults and healthcare workers
deserve better.
The virus is taking its toll on staff and physicians at the hospital. More than
220 of our teammates have tested positive for COVID and nearly 200
others are having to isolate for potential exposure. While we appreciate
that the public sometimes refers to healthcare workers as heroes, we are
not superhuman. With the spread of infection, it has become increasingly
difficult to maintain services in the hospital and continue to save lives. We
are not far from our system being overwhelmed. The hospital system is
currently dealing with 8 units on outbreak, including one of our COVID
units, one of our ICU’s and two of our emergency departments.
Along with our colleagues, we have provided care for patients at their
worst moments of suffering and vulnerability. We are committed and
dedicated to doing everything we can to care for our community. The
government can help us by directing additional vaccines to Niagara. By
vaccinating healthcare workers, you are protecting services in the hospital
and ensuring that we are able to continue providing care to those who
most need it.
In closing, we ask our community and leaders to support this urgent call
for action. Join us in requiring the Ontario Government allocate more
Pfizer vaccines to Niagara and restore the allocation of the Moderna
vaccine that was unfairly taken away. We can administer vaccines as
quickly as they are provided. Volunteers are lining up to support this
initiative. All we need are vaccines.
We ask that you share our message on social media, encourage your
friends to write to our Members of Provincial Parliament and request that
they take our message to the highest levels of government.
Niagara deserves to be treated equitably and we need additional vaccines
as soon as possible.
Sincere thanks,
The Medical Advisory Committee (MAC) which is comprised of the Chief
of Staff and the Chiefs of Services in Niagara and the Medical Staff
Association Executives that represents the views and interests of all
credentialed physicians at Niagara Health;
Page 768 of 947
CCHHII EEFF OOFF SSTTAAFFFF OOFFFFII CCEE
Niagara Health System
1200 Fourth Ave., (2C26.169)
St. Catharines, ON L2S 0A9
Tel: (905) 378 -4647 Ext 44224
Fax: (905) 704-4195
CHIEF OF S TAFF,
EVP MEDICAL
Dr. Johan Viljoen
DDEEPPAARRTTMMEENNTT CCHH IIEEFFSS
Dr. D. Duvall
Anaesthesiology
Dr. J. Dobranowski
Diagnostic Imaging
Dr. R. Setrak
Emergency Medicine
Dr. L. Jensen
Medicine
Dr. M. Lewis
Mental Health & Addictions
(Interim)
Dr, K MacMillan
Dr. O. Olufowobi
Obstetrics/Gynaecology
Dr. M. Levesque
Oncology
Dr. M. Roy
Paediatrics
Dr. S. Chawla
Laboratory Medicine
Dr. I. Brown
Surgery
Dr. Johan Viljoen, Chief of Staff and EVP Medical
Dr. Don DuVall, Chief of Anesthesia
Dr. Julian Dobranowski, Chief of Diagnostic Imaging
Dr. Rafi Setrak, Chief of Emergency Medicine
Dr. Lorraine Jensen, Chief of Medicine
Dr. Maxine Lewis, Chief of Mental Health and Addictions
Dr. Karen MacMillan, Interim Head of Service, Obstetrics
Dr. Olufemi Olufowobi, Interim Head of Service, Gynaecology
Dr. Michael Levesque, Chief of Oncology
Dr. Madan Roy, Chief of Paediatrics
Dr. Satish Chawla, Chief of Laboratory Medicine
Dr. Ian Brown, Chief of Surgery
Dr. Maynard Luterman, President, Medical Staff Association
Dr. Alison MacTavish, Vice Pres ident, Medical Staff Association
Dr. Adnan Hameed, Treasurer, Medical Staff Association
Page 769 of 947
1
Heather Ruzylo
Subject: Niagara Physicians' Letter re: Moderna Vaccine
From: Hirji, Mustafa <Mustafa.Hirji@niagararegion.ca>
Sent: Wednesday, January 13, 2021 5:20 PM
To: Group-Councillors 2018 <Group-Councillors2018@niagararegion.ca>
Cc: Tripp, Ron <Ron.Tripp@niagararegion.ca>; Barnhart, Daryl <Daryl.Barnhart@niagararegion.ca>; Maxwell, Meredith
<Meredith.Maxwell@niagararegion.ca>; OBrady, Sean <Sean.OBrady@niagararegion.ca>
Subject: Niagara Physicians' Letter re: Moderna Vaccine
Good afternoon Councillors,
I’ve noted previously how the provincial government is frustratingly secretive with details, including
around the COVID-19 vaccine. As a case in point, the provincial government only today announced
that Niagara would become a location that is receiving COVID-19 vaccinations (see third bullet under
Key Facts). Fortunately, they did give us permission to share this ourselves on Monday, and I shared
that news with you by e-mail then.
More generally, we in Public Health are rarely provided information in advance, and when we are, it’s
usually on condition of confidentiality, even from sharing with you, our Board of Health.
I wish to share a detail that we have been forced to keep confidential, but that has now been shared
in a letter by local physicians , thereby breaking the confidentiality of it: Niagara was slated to receive
Moderna vaccine this week, but last week, the province cancelled that shipment to reallocate to other
regions of the province. While we do not know where it was reallocated, that cancellation coincided
with the province announcing that it would accelerate vaccination in four regions of the province to
vaccinate all long-term care home residents by January 21. It is possible that the vaccine was
reallocated to those regions. Regardless, losing that vaccine, has slowed and complicated our own
plans to swiftly vaccinate all long-term care home residents as swiftly as we would have liked.
While I was not permitted to share this information with you previously, since I was informed of it, I
have worked intensely with Niagara Health to advocate for those dose s to be restored to Niagara. We
have used all our connections within the provincial government, we have lobbied political leaders, and
we have worked with allies around the province. Unfortunately, the province did not restore our
Moderna vaccine allotment. However, they did permit us to begin using Pfizer vaccine to vaccinate
our long-term care home residents which is allowing us to protect those most vulnerable in our
community. However, this vaccine which was originally slated to go to our health care workers, is
needing to be diverted so that we can protect our long-term care home residents. If we had received
Moderna vaccine, both groups could have been vaccinated.
I hope this information and context gives you a better understanding of what has been playing out
with respect to COVID-19 vaccinations which we have not been permitted to share previously.
The letter from local physicians calls on our community and leaders to advocate for Niagara to
receive more COVID-19 vaccine, proportionate to the high number of cases we are currently
experiencing in Niagara. I know all of you are already doing what advocacy you can, and hope that all
Page 770 of 947
2
our collective advocacy to the provincial government will have success in bringing more vaccine to
Niagara.
Thank you.
____________________________________
M. Mustafa Hirji, MD MPH FRCPC
Medical Officer of Health & Commissioner (Acting)
Niagara Region Public Health & Emergency Services
1815 Sir Isaac Brock Way
P.O. Box 1052, Station Main
Thorold, Ontario L2V 0A2
Phone: 905-688-8248 ext. 7338 Toll-free: 1-888-505-6074
Fax: 905-682-3901
The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including
any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally
privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have
received this communication in error, please re-send this communication to the sender and permanently delete the
original and any copy of it from your computer system. Thank you.
Page 771 of 947
December 9, 2020
Honourable Christine Elliott
Minister of Health
5th Floor - 777 Bay St.
Toronto, ON M7A 2J3
Sent via email: christine.elliott@pc.ola.org
Re: Hospice Workers
Our File 10.57.99
Honourable Minister,
At its meeting held on November 30, 2020, St. Catharines City Council approved the following motion:
“WHEREAS Hospice Niagara, and hospices across this province, provide a number of critical
services needed by Ontario and Niagara residents including: end of life Hospice Residence
care; in-Home Palliative Care; Day Hospice; Bereavement Support; and Education and
Consultation; and
WHEREAS these services provide a central role in decreasing hospital emergency department
volume, incidents of hallway medicine and costly hospital admissions for palliative and end-of-
life care; and
WHEREAS Hospice care is the only health service whose health care workers are not fully
funded by the Province and hospices and provincial organizations have requested that this
funding be provided as delegations before the Standing Committee regarding Bill 3, the
Compassionate Care Act;
THEREFORE BE IT RESOLVED that the City of St. Catharines recommends that Ontario's
Health Ministry accept Hospice Niagara's request and start fully funding all hospice health care
workers fully, and right away; and
BE IT FURTHER RESOLVED that this motion be forwarded directly to the Minister of Health
Christine Elliot, all Niagara MPPs, the Region of Niagara and all Niagara municipalities.”
If you have any questions, please contact the Office of the City Clerk at extension 1524.
Bonnie Nistico-Dunk, City Clerk
Legal and Clerks Services, Office of the City Clerk
:em
Page 772 of 947
Cc
Chris Bittle, MP - St. Catharines, Chris.Bittle@parl.qc.ca
Vance Badawey, MP - Niagara Centre, Vance.Badawev@parl.gc.ca
Dean Allison, MP - Niagara West, dean.allison@parl.qc.ca
Tony Baldinelli, MP - Niagara Falls, Tony.Baldinelli@parl.gc.ca
Niagara Region
Niagara Area Municipalities
Page 773 of 947
December 9, 2020
The Honourable Doug Ford, M.P.P.
Premier of Ontario
Legislative Building
Queen's Park
Toronto, ON M7A 1A1
Sent via email: premier@ontario.ca
Re: Ontario Gas Fired Power Plants
Our File 35.31.99
Dear Premier Ford:
At its meeting held on November 30, 2020, St. Catharines City Council approved the following motion:
“WHEREAS the City of St. Catharines strategic plan focuses on livability and increased
environmentally friendly initiatives; and
WHEREAS the Government of Ontario is planning to increase reliance on gas-fired electricity
generation from Ontario's gas-fired power plants, which is anticipated to increase greenhouse
gas pollution by more than 300% by 2025 and by more than 400% by 2040; and
WHEREAS Canada's temperature is rising more than double the rate of the rest of the world
(which is in alignment with climate models and projections impacting northern climates most
significantly); and
WHEREAS the Province of Ontario will adversely impact more than a third of the greenhouse
gas reductions it achieved by phasing-out its dirty coal-fired power plants due to a power plan
built around ramping up gas-fired generation to replace the output of the Pickering Nuclear
Station (scheduled to close in 2024); and
WHEREAS alternative options are available to reversing short sighted cuts to energy efficiency
programs and stop under-investing in this quick to deploy and low-cost resource, which include
maximizing our energy efficiency efforts by paying up to the same price per kilowatt-hour (kWh)
for energy efficiency measures as we are currently paying for power from nuclear plants (e.g.,
up to 9.5 cents per kWh); and
WHEREAS the Province of Ontario should continue to support renewable energy projects that
have costs that are below what we are paying for nuclear power and work with communities to
make the most of these economic opportunities; and
WHEREAS the Province of Ontario has alternative options to increasing gas-fired electricity
generation, such as the Province of Quebec's offer to receive low-cost 24/7 power from its
water powered reservoir system as a possible alternative; and
Page 774 of 947
WHEREAS, other municipalities such as Hamilton, Kitchener, and Halton Hills have called on
the Province of Ontario to phase out gas fired power plants by 2030 for cleaner, renewable
energy; and
THEREFORE BE IT RESOLVED that the City of St. Catharines requests the Government of
Ontario to place an interim cap of 2.5 mega tonnes per year on our gas plants' greenhouse gas
pollution and develop and implement a plan to phase-out all gas-fired electricity generation by
2030 to ensure that Ontario meets its climate targets; and
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Premier of Ontario,
to the local MPPs, the Association of Municipalities of Ontario (AMO), the Niagara Region,
local area municipalities and the municipalities of Hamilton, Halton Hills and Kitchener.”
If you have any questions, please contact the Office of the City Clerk at extension 1524.
Bonnie Nistico-Dunk, City Clerk
Legal and Clerks Services, Office of the City Clerk
:em
Cc
Jennifer Stevens, MPP - St. Catharines, JStevens-CO@ndp.on.ca
Jeff Burch, MPP - Niagara Centre, JBurch-QP@ndp.on.ca
Wayne Gates, MPP - Niagara Falls, wgates-co@ndp.on.ca
Sam Oosterhoff, MPP - Niagara West-Glanbrook, sam.oosterhoff@pc.ola.org
Association of Municipalities of Ontario, amo@amo.on.ca
Niagara Region
Niagara Area Municipalities
City of Hamilton
City of Halton Hills
City of Kitchener
Page 775 of 947
Vann Niagara Ltd.
94 Dunkirk Rd. St. Catharines, ON L2P 3H4
Mayor & Councilors
City of Niagara Falls
4310 Queen St.
Niagara Falls, ON
L2E 6X5
Re – Sign Relocation
December 10, 2020
Mayor and Councilors,
Vann Niagara Ltd. would like to remove our existing 10’H x 20’W billboard sign located at the
northwest corner of Victoria Ave. and Bridge St.to make room for the new roundabout. This is
the extension of the Thorold Stone Rd. corridor to the Go Station in the downtown core. The
Niagara Region will support me to relocate the sign about 50 feet north on Victoria Ave., but I
would rather move the sign to the Agricultural zoned field located on the north side of Thorold
Stone Rd. and west of Garner Rd. The property is owned by Walker Industries Holdings Ltd. The
new sign would be a two sided digital 10’ Hx 20’W which is an industry standard size in Canada.
The advertisers will consist of various local companies as this is the main market that my
company focuses on.
Sincerely,
Larry Vann
Vann Niagara Ltd.
Page 776 of 947
Office of the Clerk
Nancy J. Bozzato, Dipl.M.M
njbozzato@pelham.ca
905-892-2607 x315
20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca
December 17, 2020
Dean Allison, MP
4994 King Street, PO Box 880
Beamsville, ON L0R 1B0
Dean.allison@parl.gc.ca
AND
Sam Oosterhoff, MPP
4961 King Street
Beamsville ON L0R 1B0
Sam.oosterhoff@pc.ola.org
Attention: Dean Allison, MP and Sam Oosterhoff, MPP
Re: Support for 988 Crisis Line
At their regular meeting of December 14, 2020, Council of the Town of Pelham received a
Motion put forth by Councillor Haun and seconded by Councillor Stewart calling for support for
the 988 Crisis Line and endorsed the following:
WHEREAS there is a call for the Federal government to adopt 988, a National three-digit suicide
and crisis hotline;
AND WHEREAS the ongoing COVID-19 pandemic has increased the demand for suicide prevention
services by 200 per cent;
AND WHEREAS existing suicide prevention hotlines require the user to remember a 10-digit
number and go through directories or be placed on hold;
AND WHEREAS in 2022 the United States will have in place a national 988 crisis hotline;
AND WHEREAS Pelham Town Council recognizes that it is a significant and important initiative to
ensure critical barriers are removed to those in a crisis and seeking help;
NOW THEREFORE BE IT RESOLVED THAT Pelham Town Council endorses this 988 crisis line
initiative;
Page 777 of 947
Office of the Clerk
Nancy J. Bozzato, Dipl.M.M
njbozzato@pelham.ca
905-892-2607 x315
20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca
and that Staff be directed to send a letter indicating such support to the local MP, MPP and local
area municipalities to indicate our support.
On behalf of Council, we thank you for receiving our correspondence of support for this
important initiative.
Yours very truly,
(Mrs.) Nancy J. Bozzato, Dipl.M.M., AMCT
Town Clerk
/sl
cc. Councillor Lisa Haun
Local Area Municipalities
Page 778 of 947
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
December 21, 2020
CL 23-2020, December 17, 2020
PEDC 10-2020, December 9, 2020
PDS 33-2020, December 9, 2020
Local Area Municipalities
Niagara Peninsula Conservation Authority
Greenbelt Foundation
SENT ELECTRONICALLY
RE: Ecological Land Classification Mapping Project
Regional Council, at its meeting of December 17, 2020, approved the following
recommendation of its Planning & Economic Development Committee:
That Report PDS 33-2020, dated December 9, 2020, respecting Ecological Land
Classification Mapping Project, BE RECEIVED and BE CIRCULATED to the Area
Municipalities, the Niagara Peninsula Conservation Authority (NPCA) and the
Greenbelt Foundation.
A copy of Report PDS 33-2020 is enclosed for your information.
Yours truly,
Ann-Marie Norio
Regional Clerk
:me
CLK-C 2020-223
Distribution List: K. Constantini, Planning Analyst
D. Giles, Acting Commissioner, Planning & Development Services
N. Oakes, Executive Assistant to the Commissioner, Planning & Development Services
Page 779 of 947
PDS 33-2020
December 9, 2020
Page 1
Subject: Ecological Land Classification Mapping Project
Report to: Planning and Economic Development Committee
Report date: Wednesday, December 9, 2020
Recommendations
1. That Report PDS 33-2020 BE RECEIVED for information; and
2. That Report PDS 33-2020 BE CIRCULATED to the Area Municipalities, the Niagara
Peninsula Conservation Authority (NPCA) and the Greenbelt Foundation.
Key Facts
• This purpose of this report is to inform Council of the process, and completion of, the
Region-wide Ecological Land Classification (ELC) mapping project.
• This project was undertaken in collaboration with the Niagara Peninsula
Conservation Authority (NPCA) and with funding from the Greenbelt Foundation
through the Resilient Greenbelt funding stream.
• ELC is a provincially-accepted approach for mapping natural features. In addition,
this project included a field verification exercise which involved participation from
Local and Regional planning staff and staff from the NPCA.
• The ELC mapping exercise was undertaken primarily to support the environment
work program for the new Niagara Official Plan. However, the data will also have
supplementary uses by the Region’s environmental planning team and the NPCA.
• The ELC mapping is not the natural heritage system for the Region. ELC is a data
source that will form the basis for several of the features included in the natural
heritage system.
Financial Considerations
The costs associated with the ecological land classification mapping project were
accommodated within the Council approved project budget for the Niagara Official Plan,
with additional funding from the Greenbelt Foundation under the Resilient Greenbelt
funding stream.
Page 780 of 947
PDS 33-2020
December 9, 2020
Page 2
______________________________________________________________________
Analysis
As part of the new Niagara Official Plan, maps and schedules are being updated for all
sections of the Plan. These mapping updates require inputs from numerous data
sources.
In Niagara, there are several sources of natural heritage mapping, including Provincial,
NPCA as well as Regional datasets. Each serving a different purpose and each with a
different level of accuracy. Updates to several of these individual datasets are required
to move forward with the mapping of the natural heritage and water resource systems.
Accurate inventory and assessment of natural areas and features is critical to
environmental planning and processes. PDS 32-2019 (November 6, 2019)
recommended that an ELC mapping dataset was the preferred option for identifying
natural areas and information across the Niagara Region, as this method has a range of
benefits associated with natural environment planning.
Beginning in 2006, the NPCA initiated the “Natural Areas Inventory” (NAI) project, in
coordination with the Region, local naturalist clubs, and area municipalities. A major
element of the project was the completion of comprehensive ELC ‘community series’
level mapping of natural areas. Updates to this data set continued through 2012,
however, the bulk of the mapped data was derived from 2006 aerial imagery analysis.
Natural environments are dynamic and constantly changing; as a result, significant
changes to the landscape including development and succession since 2006 are not
reflected in the dataset.
An update to the NAI data using high-resolution aerial imagery formed the approach for
this project. A consultant was retained in spring of 2020, and the project has recently
been completed. The NPCA has collaborated and provided technical feedback on this
project, and Regional staff intend to provide a copy of the final data to the NPCA for
their use.
Ecological Land Classification Approach
The ELC system is an industry-accepted methodology, which provides a
comprehensive and consistent approach to describing, inventorying, and analyzing
vegetation communities. ELC mapping is required to be completed by a certified
ecologist or other practitioner.
Page 781 of 947
PDS 33-2020
December 9, 2020
Page 3
______________________________________________________________________
ELC mapping can be undertaken at several different scales. For this exercise, the
community series level was determined to be appropriate for the mapping update. This
level of ELC is the most detailed level of characterization that can be produced from
aerial imagery interpretation without the requirement of site visits at each location.
Simplified, the community series interpretative process involves creating a polygon-
based spatial dataset, then analyzing and imbedding the polygons with classification
codes representative of the feature. Coding for the community series is assigned
through analysis of substrates, topographic features, history, cover values, and plant
form and classified as one of 62 distinct community series types.
Field Verification Program
Community series level ELC does not require in-field site analysis. However, this project
endeavoured to go beyond the minimum requirement and include a field verification
component to foster an education of the ELC methodology and ensure a higher degree
of confidence in the data amongst our local and agency partners.
A field verification exercise was completed between August 24 and September 21,
2020, within each municipality, and included verification of features inside and outside
of urban boundaries. Each community was observed for characteristics including
species present, wetland tolerance of species present, canopy cover, presence of
standing water, presence of coniferous trees and evidence of disturbance or
succession. The verification program was carried out under 2 frameworks:
1. Multi-Agency Collaborative Field Exercise
12 field sessions were held in a collaborative group setting which engaged Regional,
NPCA and local staff from the 12 municipalities. These sessions generated participation
from local planning staff in 11 of the 12 sessions, NPCA staff at 11 of the 12 sessions,
and multiple Regional staff and ELC certified consultant team members. Overall, 25
different individuals participated in 1 or more of these sessions.
Local planning staff were invited ahead of time to identify any naturalized areas in their
municipality for field review. Additional sites were selected with consideration for ease of
access, parking safely, and allowing space for socially distant discussion with a group of
5 to 8. Municipal site visits included a variety of community types to provide a varying
overview of the possible natural features present across the landscapes.
Page 782 of 947
PDS 33-2020
December 9, 2020
Page 4
______________________________________________________________________
2. Consultant Field Exercise
The project consultant completed several additional field exercises. Field verification
sites were selected from a randomized subset of the data with consideration of site
accessibility and from polygons within 25m of a road with a low interpretation rating,
meaning, those polygons in the spatial dataset that had been tagged as having lesser
confidence in the community series code assignment from aerial photo interpretation.
Results
More than 27,000 polygons were derived or updated, across the Niagara Region
through the mapping exercise. Fifty-four different community series classifications were
identified covering a total of 51,618ha of land. The majority composition of the
naturalized areas were; Swamp (49.46%), Forest (21.27%), Meadow (8.09%), Thicket
(6.7%), Marsh (5.79%) and Woodlands (2.72%). Composition of natural areas, and the
percentage of overall municipal area covered by the dataset, varied by municipality. The
following table identifies the total area of land (ha), and the corresponding percentage of
total land area within each municipality that was classified through the data.
Municipality Area Classified (ha) % of Municipality
Niagara Falls 7862.64 36.69%
Port Colborne 4044.73 32.58%
St. Catharines 1400.98 14.00%
Thorold 2889.29 32.59%
Welland 2457.37 28.99%
Fort Erie 6065.36 36.34%
Grimsby 1888.98 27.41%
Lincoln 3357.84 20.28%
Niagara-on-the-Lake 1775.71 13.17%
Pelham 3906.79 30.74%
Wainfleet 6618.89 30.18%
West Lincoln 9007.85 23.14%
Region-wide, the data identified 18.8% (35,515 ha) of the Region is ‘wooded’
communities with canopy cover (woodland, forest, swamp, plantation, treed).
Additionally, 15.6% of the Region is wetland cover. It should be noted that this includes
treed wetlands, which are included under woodland cover, and as a result, the two
coverage types should not be expected to equal the total natural cover for the Region. It
is also of note, that some direct comparisons of changes from the original dataset to the
Page 783 of 947
PDS 33-2020
December 9, 2020
Page 5
______________________________________________________________________
updated data product are not possible due to several differences in the community
coding methodology and classifications used, as well as the spatial difference between
the Region’s land area and the NPCA regulation area.
During the field exercise, 1,233 polygons representing 47 distinct community series
interpretations were verified across the Region. The final accuracy rate for the verified
polygons was 86.5%. The completion of the field review reaffirms that aerial
interpretation is accurate at this level, and provides context for planning and policy
decisions. The accuracy rating for the field exercise was expected to be lowered by the
significant amount of polygons selected for review based on a low interpretive rating
from the mapping exercise. Other factors influencing the accuracy rating included under
estimation of absolute cover type as a result of analyzing spring imagery, and change in
series code based on the cover type (e.g. mixed woodland to coniferous woodland).
Intended Use
The ELC dataset will provide a wealth of natural areas identification information. As
previously noted, the ELC mapping itself is not the natural heritage system for the
Region; it is a data source that will form the basis for several of the features that need to
be mapped in the new Niagara Official Plan. No policies are developed based on the
ELC dataset alone. For example, this dataset will provide the spatial information
required to identify woodlands in the Region, but criteria still need to be determined and
applied to derive significant woodlands. The data also has the capability to be used to
identify additional features such as non-significant woodlands, non-evaluated wetlands,
grasslands, etc.
Regional environmental planning review functions, including stormwater management
review, will benefit and make use of the updated dataset for review of development files
and when making land-use planning related decisions. In addition, staff will use the
mapping when developing supporting guidelines and strategies targeted at enhancing
the Region’s natural heritage system. The mapping will also be frequently used by the
Regional Forester to support decision-making, and can be considered as a candidate
for the Region’s open data initiative.
The NPCA intends use the data and derived statistic information to support their
restoration program to aid prioritization and project targeting to areas that support
clearly defined ecological objectives for the landscape. Additionally, the data will provide
input and decision support value to the NPCA’s land acquisition strategy, and will be
used to update the Watershed Report card, which will be published again in early 2022.
Page 784 of 947
PDS 33-2020
December 9, 2020
Page 6
______________________________________________________________________
Alternatives Reviewed
N/A
Relationship to Council Strategic Priorities
This report is being brought forward in alignment with Objective 3.2 Environmental
Sustainability and Stewardship:
“A holistic and flexible approach to environmental stewardship and consideration of the
natural environment, such as in infrastructure, planning and development, aligned with a
renewed Official Plan.”
Other Pertinent Reports
• PDS 32-2019 - Natural Environment Work Program – Phases 2 & 3: Mapping and
Watershed Planning Discussion Papers and Comprehensive Background Study
• PDS 3-2020 – Ecological Land Classification Mapping Update
• PDS 26-2020 - Natural Environment Work Program – Phase 4: Identification and
Evaluation of Option
________________________________
Prepared by:
Karen Costantini M.A.
Planning Analyst
Planning and Development Services
_______________________________
Recommended by:
Doug Giles, BES, MUP
Acting Commissioner
Planning and Development Services
________________________________
Submitted by:
Ron Tripp, P.Eng.
Acting Chief Administrative Officer
This report was prepared in consultation with Sean Norman, MCIP, RPP, Senior
Planner, and reviewed by Erik Acs, MCIP, RPP, Manager, Community Planning, and
Isaiah Banach, Acting Director, Community and Long Range Planning.
Page 785 of 947
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
December 21, 2020
CL 23-2020, December 17, 2020
PEDC 10-2020, December 9, 2020
PDS 35-2020, December 9, 2020
Local Area Municipalities
Niagara Peninsula Conservation Authority
SENT ELECTRONICALLY
RE: Niagara Official Plan – Consultation Update
Regional Council, at its meeting of December 17, 2020, approved the following
recommendation of its Planning & Economic Development Committee:
That Report PDS 35-2020, dated December 9, 2020, respecting Niagara Official
Plan – Consultation Update, BE RECEIVED and BE CIRCULATED to the Local
Area Municipalities, and the Niagara Peninsula Conservation Authority (NPCA).
A copy of Report PDS 35-2020 is enclosed for your information.
Yours truly,
Ann-Marie Norio
Regional Clerk
:me
CLK-C 2020-224
Distribution List: D. Heyworth, Official Plan Policy Consultant
D. Giles, Acting Commissioner, Planning & Development Services
N. Oakes, Executive Assistant to the Commissioner, Planning & Development Services
Page 786 of 947
PDS 35-2020
December 9, 2020
Page 1
Subject: Niagara Official Plan - Consultation Update
Report to: Planning and Economic Development Committee
Report date: Wednesday, December 9, 2020
Recommendations
1. That Report PDS 35-2019 providing an update on consultation for the Niagara
Official Plan since March 2020 BE RECEIVED for information; and
2. That Report PDS 35-2020 BE CIRCULATED to the Local Area Municipalities and
the Niagara Peninsula Conservation Authority (NPCA).
Key Facts
• The purpose of this report is to provide Council with an update on consultation which
has taken place on the Niagara Official Plan since the last update provided in March
2020.
• The consultation strategy for the Niagara Official Plan is multi-layered, and includes
consultation with the public, stakeholders, local planning departments and decision-
makers.
• Overall, most participants have shown an interest in several topic areas of the
Official Plan and recognized the interrelationships between topic areas.
• Our engagement showed that managing growth is the key challenge and
opportunity. This includes recognizing the heterogeneous communities in Niagara
while accommodating the growth that is coming; create thriving complete resilient
communities; assist in addressing affordable housing and aging-in-place; address
our changing climate and protect our significant natural heritage and water systems.
Financial Considerations
Council approved the resources to complete the New Official Plan over a 5 year period
as part of the 2017 Budget Process.
The completion of the necessary background studies and preparation of the Niagara
Official Plan along with appropriate consultation will require significant staff resources.
Page 787 of 947
PDS 35-2020
December 9, 2020
Page 2
______________________________________________________________________
Analysis
Public Consultation
The Planning Department had to reconsider the delivery of consultation given the
COVID pandemic. However, the use of virtual consultation methods along with the
ability for citizens to call staff for discussion has been successful.
Since the last consultation update, public consultation has occurred through virtual
Public Information Centres (PICs) and on-line surveys.
On-line surveys are demonstrating that they reach a broader audience and gather input
from a wider demographic and participation across all municipalities. Virtual PICs allow
attendees to bringing forward questions and discussion on specific topics of interest
resulting in more detailed discussion. Together, both of these formats are attracting
more participation and complementing each other.
Virtual PICs
During the months of September/October 2020, six virtual PICs were held on key topic
areas of the Official Plan. The following metrics are associated with these PICs:
PICs Attendance Questions
Natural Heritage System Options 68 64
Water Resource System Options and Watershed
Planning
55 40
Growth Management (Regional structure, land needs,
growth allocations, settlement area boundary review,
housing)
79 41
Employment lands, Urban Design, District &
Secondary Plans
35 7
Agriculture, Aggregates and Archeological Master Plan 57 15
Transportation, Servicing, and Storm Water 38 44
Page 788 of 947
PDS 35-2020
December 9, 2020
Page 3
______________________________________________________________________
PICs Attendance Questions
TOTAL 332 211
Sessions lasted from approximately 90 minutes to two hours. Each session started with
a staff and/or consultant presentation of 30-60 minutes followed by questions and
answers. Participants could ask questions by typing and submitting questions or by
calling-in. A recording of each virtual PIC, a copy of the presentation, and a table with
input received in comment form and answers to questions that could not be provided
during the sessions due to time constraints or need for further analysis are also posted
on the Niagara Official Plan webpage.
A summary of the input received at the virtual public webinars is provided in two
formats. The first is an outline of key themes raised through questions/comments for
each session attached as Appendix “1”. The second is the detailed questions and
comments (as submitted) received for each of the six sessions attached as Appendix
“2”.
We highlight the following overall themes:
• Many participants are interested in several topic areas of the Niagara Official Plan
recognizing the interrelationships between topic areas.
• There is some understanding that growth management, infrastructure and the
natural environment cannot be considered in isolation of each other. This is essential
to understanding the Niagara Official Plan, and we will need to strengthen this
message moving forward.
• The role of regional versus local planning for various policy sections will need to be
clarified moving forward.
• Managing growth properly is the key to good planning for all the interrelated topics of
the Niagara Official Plan.
• A comprehensive consultation report will be provided in the next several months for
the Natural Environment Work Program that analyses the input received through the
virtual PICs along with all the other input received through the 2nd Point of
Engagement in greater detail.
Page 789 of 947
PDS 35-2020
December 9, 2020
Page 4
______________________________________________________________________
Online Surveys
Two online surveys, an Employment Policy Survey and Growth Management Survey
have been conducted. Surveys were available online for approximately 1 month and
were promoted through social media and stakeholder e-mailing to gather input.
Employment Policy Survey
There were 97 respondents to the Employment Policy Survey with participation largely
reflective of the stakeholders consulted through the Region’s Employment Strategy
work. All municipalities were represented in terms of responses relative to location of
residence and work.
Key themes extracted from the survey are provided in Appendix “3”. Many of these
themes extend beyond the scope of the land use policy parameters of the Niagara
Official Plan. However survey results will be shared with the Region’s Economic
Development and Transportation Divisions. The land use related themes are as follows
and will be addressed by the employment program for the Official Plan:
• Niagara should prioritize municipal servicing and infrastructure for employment uses,
including proactively providing servicing to vacant employment sites to make them
more marketable.
• Employment development and redevelopment should be integrated within existing
communities wherever possible and should blend with community character.
• Employment uses should be located with similar employment uses.
• Niagara’s commuters have limited transportation options to get to work and would
consider using an alternative means of travel, other than private vehicle, to get to
work if it were reasonable and accessible.
• Niagara should encourage employers to promote transportation demand
management practices and reduce surface parking spaces where possible.
• Employer needs, such as physical assets and building space, may shift as a result of
the COVID-19 pandemic.
• Jobs that have transitioned to work-from-home jobs as a result of the COVID-19
pandemic may remain as such after the pandemic.
Page 790 of 947
PDS 35-2020
December 9, 2020
Page 5
______________________________________________________________________
Growth Management Survey
The recent Amendment 1 to the Growth Plan resulted in the need for further feedback
on key areas of the Growth Management Program from members of the public, local
area municipalities, public agencies, and key stakeholders. One component of this was
gathering input through the Growth Management Survey. A total of 217 participants
responded to the survey and a total of 102 comments were received. Respondents
were asked to rank key growth management and select preferred options between
various growth management scenarios.
This item is covered in greater detail in a separate Report PDS 33-2020 (and the
accompanying presentation) planned for December 9, 2020 Planning and Economic
Development Committee.
Future Surveys
There will be other surveys conducted on major topic areas of the Official Plan.
Regional Planning Staff have recently released a survey seeking feedback on the goals
and objectives of the Niagara Watershed Plan project which is also being prepared in
support of the Niagara Official Plan.
Report PDS 9-2020 was provided to Planning Committee in March 2020. This report
summarized public consultation to date but also provided preliminary statements and
key policy directives to acquire future public input on. Public input via a survey will be
gathered on these statements in November/December 2020 so that Council can
consider them as guidance in the finalization of key policy directives for the Niagara
Official Plan.
Planning Advisory Committee
Planning staff gather input from an 8 member Planning Advisory Committee comprised
of citizens with professional expertise in business, agriculture, environment, engineering
and planning. The Committee last met virtually in September 2020 for updates and
discussion on growth management, natural environment heritage and water system
options as well as the then-planned PICs.
Stakeholder Engagement
Page 791 of 947
PDS 35-2020
December 9, 2020
Page 6
______________________________________________________________________
Area Planners
Throughout September and early October, Regional Planning Staff met, individually,
with all 12 local Planning Directors and Planning Staff to discuss growth management
matters relating to land needs assessment and methodology, growth allocations,
employment areas, settlement area boundary review and regional structure. These 12
one-on-one meetings also included an update and discussion on the Natural
Environment Work Program including the identification and evaluation of natural
heritage and water system options.
Stakeholder Groups
During the time that the virtual PICs were being undertaken, Regional staff were also
undertaking the 2nd Point of Engagement for the Natural Environment Work Program
which included: the PICs; virtual stakeholder workshops with the development,
agricultural and environmental stakeholders; meetings with local planning staff;
presentations to Provincial Planning Staff; presentation to the Planning Advisory
Committee (PAC); presentation to the Agricultural Planning and Action Committee;
presentation to the NPCA Board , PAC, and Staff; and Presentations to Niagara
Escarpment Commission and Niagara Parks Commission staff. This results of this 2nd
Point of Engagement will be presented to Council in January under a separate cover.
Regional planning staff have also discussed the growth management and natural
environment work programs with the Niagara Homebuilders’ group.
There was a presentation on the Niagara Official Plan and the natural heritage and
water system options to Team Niagara representing the Economic Development
Officers in the Region in November 2020.
Indigenous Consultation
Planning staff have twice met with Indigenous groups on the Niagara Official Plan. A
sharing portal has been established to share background information on the Niagara
Official Plan. Consultation with Indigenous Groups will continue on the expressed topic
areas of interest.
Decision Making Bodies
Page 792 of 947
PDS 35-2020
December 9, 2020
Page 7
______________________________________________________________________
In the first quarter of 2021, Regional Planning staff plan to organise online workshops
with Regional Councillors and Planning Directors for each municipality to discuss
growth management, natural environment and other areas of interest. This will provide
an opportunity for decision-makers to have detailed discussion with staff on these
matters.
To date, Planning staff have twice made presentations to local Councils on the Niagara
Official Plan. In the second half of 2021, there will be a third round of presentations to
local Councils on the Niagara Official Plan on Official Plan policy directions. Local
municipalities are encouraged to inform their citizens to listen in on the presentations.
Official Plan Moving Forward
An Official Plan progress report is scheduled for January 2021. This report will outline
how different sections of the Official Plan will be reported on going forward given the
interrelationships of the sections of the Plan.
A key theme is the interrelated nature of the sections of the Regional Official Plan and
managing growth. Managing growth is the challenge and opportunity to: recognize the
heterogeneous communities in Niagara while accommodating the growth that is coming;
create thriving complete resilient communities; assist in addressing affordable housing
and aging in place; and protect our significant natural heritage and water systems.
Alternatives Reviewed
There are many approaches to consultation. The consultation strategy for the Niagara
Official Plan is being done virtually because of the pandemic and is incorporating: topic
specific, public sessions and public surveys; virtual workshops with stakeholders
groups; Indigenous consultation; and virtual workshops with local and regional council
members. Consultation has been and will continue to be a fluid process moving into the
next stage of policy formulation stage.
Relationship to Council Strategic Priorities
Consultation on the Niagara Official Plan is an important process in supporting Council’s
priority as a Sustainable Engaging Government. The Plan will address Council’s other
priorities, being: Supporting Businesses and Economic Growth; Healthy and Vibrant
Community; and Responsible Growth and Infrastructure Planning.
Page 793 of 947
PDS 35-2020
December 9, 2020
Page 8
______________________________________________________________________
Other Pertinent Reports
PDS 1-2020 New Niagara Official Plan-Public Consultation Summary
PDS 33-2019 Growth Management Program Update for New Official Plan
PDS 9-2019 New Official Plan Consultation Timeline Framework
CWCD 421-2019 New Niagara Official Plan Updates
________________________________
Prepared by:
Dave Heyworth
Official Plan Policy Consultant
Planning and Development Services
_______________________________
Recommended by:
Doug Giles, BES, MUP
Acting Commissioner
Planning and Development Services
________________________________
Submitted by:
Ron Tripp, P.Eng.
Acting Chief Administrative Officer
This report was reviewed by Erik Acs, MCIP, RPP, Manager, Community Planning, and
Isaiah Banach, Acting Director, Community and Long Range Planning.
Appendices
Appendix 1 Key Themes from Virtual PICs
Appendix 2 Submitted PIC Questions and Comments
Appendix 3 Employment Policy Survey Themes
Page 794 of 947
Natural Heritage Systems Options-Key Themes
•Advocacy for the most protective options and that environmental
protection be prioritized above other land-use planning objective of the
Region and the new Official Plan.
•Request for clarification on the steps of the work program including why
mapping at this stage of the work program only being conceptual and
misconceptions regarding the identification of a preferred option. ;
•Concerns related to the prioritization of environmental protection versus
developable urban land.
•The importance of addressing climate change and biodiversity loss
•Questions and comments on the goals and objectives of the Official Plan
and Natural Environment Work Program as well as discussion on
canopy, tree, and vegetative cover in the Region
•Questions related to who pays for environment impact studies and
determines significance of features associated with development
applications.
•Reinforcement for the protection of appropriate buffers and linkages
•Recommendation that tree planting and other private landowner
stewardship polices be included in the new Official Plan
Water Resource System Options and Watershed Planning-Key Themes
•Concern over the implementation of policies for unmapped features and
timing of when system mapping would be available.
•Requests to prevent ground water contamination by policies that regulate
the types of development on highly vulnerable aquifers.
•The importance of integrating watershed planning and growth
management was stressed from the perspectives of protecting water
quality and natural features in the urban area and reducing sprawl.
Growth Management (Regional Structure, Land Needs, Growth Allocations,
Settlement Area Boundary Review and Housing)-Key Themes
•Questions on the methodology for growth allocation
•How the environmental policy review and watershed planning will inform
the growth management work.
PDS 35-2020
Appendix 1 - Key Themes
Page 795 of 947
•The relationship between targets and growth and whether growth can be
halted if targets are exceeded.
•Concerns over protecting established neighbourhoods from intensification.
•Concern over urban expansions and how they are assessed through the
preparation of the Niagara Official Plan
•Clarification on the definition of “affordable” housing and that planning for
“age in place” includes providing housing for the older and younger age
demographics.
Employment Lands, Urban Design, District and Secondary Plans-Key Themes
•Clarification on the role different employment areas serve.
•The suitability of brownfields relative to future employment or conversion
to other uses.
•The role of heritage building in urban design.
Agricultural/Rural Lands, Mineral Aggregate Resources, Archaeology-Key
Themes
•Questions on site specific issues on expected or submitted aggregate
applications in Niagara Falls, Fonthill and Port Colborne.
•Questions around the administration of the Archaeological Management
Plan.
•Clarification as to how development can take place on some agricultural
lands and not on others.
•Clarification on the region’s approach to identifying prime agricultural
areas.
Infrastructure-Water and Wastewater, Storm Water, Transportation-Key Themes
•The relationship between development charges and provision of
infrastructure.
•Question regarding the use of low impact development standards for
storm water management.
•Questions on transit route planning and the provision of housing along
transit routes.
•Site specific questions pertaining to existing or planned treatment plants.
•Incorporating cycling in planning for streets and at a broader community
level.
Page 796 of 947
Wednesday, September 23, 2020
Natural Environment - Natural Heritage System
Submitted Questions
When you consider your recommendation, I would ask you to consider: Do you in your work and life, simply
do what is the minimum so that you do as little as possible OR do you do what is right to do (3C) and work to
have the best possible scenario, problem solving, and outcome, now and for the future?
why are we talking about cenceptual? is there a reason that the proposed mapping is not completed and not
conceptual????
only conceptual?
Enhancement areas "MAYBE" used but these are not saved or mandated in 3B and can be ignored. Is that
correct?
Without the linkages in place, you will have heat sinks and heat islands which will quickly make the natural
areas dehydrate or swamp. Are you aware of what destruction has occurred in Oakville and other
towns/cities when linkages within the natural water courses and natural vegetation areas was not considered
or maintained?
How can you not map the required federal and provincial requirements with what you have now? Without
that mapping of the current situation, there can be complete destruction and then is it "oh sorry' we made a
mistake. You need to map what is there currently for any habitat including fish.
In the introduction of your technical report you note that this work is essential for the preservation of the
Region’s natural heritage and water resources. What I was not able to find is a stated goal/objective for the
natural environment component of the new OP. What is the stated goal?
I was also not able to find any performance criteria for the various options. So how will you evaluate if the
policies are resulting in the desired outcomes for recommended options and shouldn’t these performance
criteria be included at this stage of evaluating options?
How does this planning relate to the current devlopment in many communities throughout the region?
Covid 19 has shown us how important natural areas are to our health and well-being. These natural areas
need to be where people live. Which option, 3b or 3c, do you feel would best ensure that these natural areas
are protected.
In the North South background paper there was some discussion about moving from the 30 per cent forest
cover goal to 23 per cent. What was suggested was York Region. Since the goal is to accomplish more forest
cover this seems to be defensible. However, I am going to suggest some additional safeguards. One is that
plantations, should be considered part of forest cover. Another is that there be periodic reviews perhaps
annually to determine if success is actually being made in Niagara in increasing forest cover.
Why not map fish habitat?
Why isn't fish habitat being mapped?
Enviornment Canada says that a minimum of 30% forest cover is required for human and environmental
health, currently Niagara has only 17.5% coverage. How do we end up with each of the options?
Please choose 3C, the other options are inadequate.
The background paper is opposed to specific policies for Short Hills Provincial Park. However, this could
provide a means to link and expand the various natural areas outside the park. Could such policies be put into
the plan to enhance other significant natural areas such as the Wainfleet Bog and Humberstone Marsh?
Appendix 2 - Submitted Webinar Questions and Comments
PDS 35-2020
Page 797 of 947
How would buffer sizes be determined? They often seem to be arbitrarily set
What priority will Linkages have within the Settlement Areas where there is an underlying designation (ie.
residential) and proposed development, to ensure that there is no detrimental effect to the integrity of the
complete NHS? Will the Region set the minimum buffer width that local municipalities must include or
consider in their OP's for site specific applications?
Last night Mr. Norman mentioned that 3C was restrictive. Could you explain why and to whom was it
restrictive.
How will you address the scope and scale of a proposal and studies. It seems that the “studies” could be
differentiated. For example, a garage for 1 car is very different than a greenhouse.
Who determines what features in a woodlot are considered SIGNIFICANT and what else can be done to
ensure that wooded land and wetlands don't change their designaiton based on a developers desires.
Further to Sean's first response, in consideration of balance across the Region from various perspective
(Environmental, Social, Economic, etc.) have you considered how the options for 3A/B/C, will freeze lands
more lands than are currently available for development and speed up the need for urban boundary
expansions into the rural areas in several of the Region's municipalities?
Could polices be reviewed to require peer reviews of development applications that impact the Natural
Heritage System? Right now having such reviews is at the discretion of the regional planning commissioner.
Where fish spawning areas are eliminated/disturbed by development, what possible measures may the
developer be required to do.
how would these options impact the streams running through Niagara on the Lake e.g. One,Two and Three
Mile Creek and also the historic Paradise grove Grove
When you say that climate change is being considered throughout the overall plan (mentioned with one of
the very first slides that includes a pie chart) are you saying that the region’s current research and
understanding on climate change (climate change discussion paper 2019) is a primary guiding principal? If so,
why hasnt this been made clear on this slide in regards to all aspects of the plan?
Concerning enhancement areas in the map you showed as an example, enhancement areas largely occurred
around the edges of woodlands. Wlould this not suggest that the buffers were not large enough to protect
these natural areas. Therefore, why go for the minimum requirments for buffer? Make buffers manditory as
suggested in 3C. Go for option 3C which are most protective of the natural areas.
If a developer is altering the tree canopy, is that same developer responsible for tree planting and restoration
in the said subdivision?
Your consultant stated that this is the development of concepts. If that is true, why have you included
preliminary preferred options in the Technical report that was presented to the PEDC/Council? It appears
that you are narrowing the choices before you receive feedback/input from the consultation process.
The minimum buffer approach in agricultural areas could take agricultural land out of production. How will
these competing interests be addressed?
Considering NHS and WRS as continuous systems, linkages are essential to analysis, protection and
enhancement of features and must include settlement areas. I support 3C.
Have other municipalities chosen an equivalent to 3C? Should Niagara not select the best option?
Have you confirmed that the Provincial Natural Heritage System mapping is correct? Will these be done?
Does this planning also take into consideration current pollution whether industrial, residential, agricultural -
how to exacerbate / improve?
If climate change is the over arching concern shouldn’t a 30% canopy cover be a primary consideration?
Page 798 of 947
Regarding the forest cover issues. Since agriculture plants also provide some of the environmental benefits
of forest cover, how is Niagara's agriculture considered in assessing the required forest cover? Clearly there
is substantial benefit to both air quality and wildlife species of having so much agriculture in the region,
whether it is fruit trees or even vinyards.
Have the municipalities in the Region shown support toward any one of the Options and do they have any
concern about losing money from development charges as this roles out and how that will impact tax payers?
Will the site specific studies be paid for by the developer? If so that introduces an extreme bias as reported in
the Auditor Generals report on the NPCA. Do any of these options provide 100% protection for significant
woodlands/wetlands/wildlife habitat/flooding mitigation?
How will cumulative effects be considered as proposals are assessed over time?
Is the goal of the NHS and WRS to provide the best protection for natural and water resources or to provide
flexibility for developers?
In response to your comment tha Niagara should be exempt from striving for a 30% canopy because the
cause is farming; Given that agriculture is important and it would take a fair bit of time that we really don't
have to adjust how that is done to be more environmentally responsible, then doesn't it then make sense to
limit all that housing deveolpment that is currently encroaching not only on green spaces but also on farm
lands? The fact that farming is responsible for our low level canopy should not be used as the excuse, but
should be seen as a challenge to be over come.
In the Technical report, under the evaluation criteria Ensure protection of the natural environment system,
you state that Option 3C best ensures the protection of a region-wide N.H.S, including within settlement
areas. If there is an option that ensures the best protection and provides a resilient and I would add healthy
and sustainable natural environment why shouldn’t we pursue that option (i.e Option 3c)?
In section 5.0 (page 53) of the technical report you identify preliminary preferred options based on the
criteria noted on the prior pages. I assume the coloured circles are your recommendation for each specific
evaluation criteria. Option 3C has 3 green circles and option 3B only has 2 and ¾, so can you help us
understand the rationale for recommending Option 3B as a preliminary preferred option?
There is constant reference to promoting development in Urban Areas. However, we know that Urban areas
are continuous areas, which include sensitive areas. Why is there an implication that the sensitive areas are
open for development simply because they are zoned Urban?
Where can we find the provincial NHS mapping?
Reagarding Discussion Question #2: Why are we provided with two non-option options (1 and 2), two bare
minimum options (3a and 3b) and only one substiantal option (3C)? Why are there not more options that do
more than the bare minimum?
In the cover letter supporting the Technical Report, it states, “The preliminary preferred options are the
recommendations of the Consultant team and are supported by the professional opinion of Regional
Planning Staff. The preliminary preferred options still require the input of the public, stakeholders, and
Indigenous groups.” My question is – you have already recommended preliminary options, so what type of
information/input might cause you to reevaluate your recommended preliminary options?
Page 799 of 947
This is so that you have my verbal question in writing - thanks.
Going beyond minimum standards
Major question - How much tree planting will be involved?
Sub question to that - Will there be Carolinian Forest included in that?
Tree planting is an excellent way of helping climate change such as,
-a carbon sink - whether a small area or a large area,
-the mental health that greenery provides residents (regardless of who or where the resident is) - and
particularly within settlement areas (trees reduce heat sinks, trees help drainage, etc),
-improves wildlife as well as bird, wildlife, & fish habitats,
-improves shorelines (whether rivers, lakes, etc) as well as wetlands
-improves maintenance within agricultural lands,
to name a couple.
Essentially, is there a tree planting program?
Submitted Comments
Your maps are not clear. growth areas are a line across the map, but not an enclosed area identified. It is
not clear what the growth plan area is.
You say your goal is to set DIRECTION. Your technical report says "Option 3C best represents a FORWARD
thinking SYSTEMS APPROACH ..." Why would you choose anything BUT the BEST, forward-directed Option
(C)?
Sometimes an area used for recreation and/or active transport may not include keynatural heritage
featuresand so not acquire planning protection. I would suggest that such areas should be added to the list
Given that the provincial standards are inadequate and constantly are being loosened in a time when the
concerns and need for environmental action are increasing, how could any option other than 3c be a serious
concideration? I see with my own eyes in Thorold the massive development taking place. For example, there
is a proposal to develope 77.9 hectare parcel of land on the northside of Chippawa Parkway. I see
development taking place on beverdams road which is in the middle of wetlands. When do we get to hear
the take of the indigenous community. Our canopy is only 17.5%. We need to do better and that must take
priority over development especially in green field spaces.
I believe there is an oversight in not recognizing the Province's Growth plan is significantly flawed. It's a one-
size-fits-all approach that fails to recognize regional geography, and limitations. Niagara Region is a perfect
example that crystallizes the Province's Growth plan's deficiencies. Geographically, we are an island,
surrounded on three sides by Water, which constricts, and conflicts with our ability to grow responsibly, as it
pertains to rapid real estate growth, and population growth. This puts enormous pressure on local
Environment features, and is currently being realized in Niagara.
How do you mitigate Municipalities with independent agendas? Who have no climate plan, and who are
willing to work to overrule PPS and best practices?
(apprently this format restricts the length of questions/comments, so I will continue after the cut-off)
Page 800 of 947
I appreciate the amount of time and effort that has gone into this. But why are these the only options
presented? From the perspective of Environmental Conservation during a Climate Crisis, and with all due
respect, none of these options are optimal or acceptable. I humbly request that staff go back to the drawing
board and present a plan that more effectively addresses the urgency, and imminent impact of climate
change. I cannot stress enough, that first and foremost, this needs to be visualized through the lens of
climate change with applicable sense of urgency. This must be the top priority to preserve what we all love
about Niagara. We cannot blunder our way through this, as recent Developer Violations at Thundering
Waters clearly demonstrate. The options currently being presented and recommended by staff are not the
best options for the Environment. And the most protective options offered, are at best a weak compromise,
if our Natural Heritage is to be properly protected for future generations.
Not just regarding fish habitat there is a lot of problem with lands which could be corrected through
Significant Wildlife Habitat designations. Mapping of these lands right now is largely limted to deer wintering
areas. It seems that a lot of work has to be done.
regarding forest cover the NPCA did a study which should a large area in agriculturally zoned lands which is
actually reverting to forests naturally. I don't know what the actual percentage of the landscape this is. From
looking at these maps it seems quite substantial. If this area was known the goal of 30 per cent might seem
more realistic. These lands will likely become mature forests eventually if the agricultural designations are
maitained and the land is not urbanized.
the city of Toronto has a very good approach and it posted on the website. Hamilton is working on a
Biodiversity plan. can this approach be utilized!!
Bill 68 requires municipalities to demonstrate how they will maintain, protect and enhance the tree canopy
and natural vegetation in the municipality. The option that best meets this (3C) should be strongly
considered by the Region.
Please ensure that all questions and answers, and those that cannot be answered within the time allotted,
are answered and posted on the Region's website with the PIC background documents for full transparency.
Thank you!
Regarding Peer review the current system on relying on provincial agencies has recently been weakened by
the reduction in the commenting role of the Ministry of Natural Resources and Forestry. (MNRF) Also two
letters by MNRF which were critical of environmental work by developer proponents in the case of
Thundering Waters were never released to council or the public. I also received them with the help of the
now disbanded Local Planning Review Support Center. This pattern would seem to show that a stronger
provision in the regional plan needs to be added regarding peer review.
Regarding claims that protection of natural areas would create pressures to expand urban boundaries most
of these lands are already protected to some degree and excluded from development potential. The
exclusion of lands as enhancement areas would likely be limited in scale. The urban boundaries are quite
large, especially because of the expansion in Fort Erie just south of Niagara Falls (Douglas Town) which came
out of a judicial battle and has yet it seems to be recognized in urban boundary capacity.
Paradise Grove is a good example of a savannah habitat. These need to be recognized and protected in the
official plan review. Right now protected ECA lands are all forests.
Page 801 of 947
How do I get on this committee (committees)? You seem to not have a member-of-the-public (or members).
Despite the importance of experts, the public probably needs to be involved here - not just at public
meetings like today.
My email is janetashleypollock@gmail.com
Great discussion. Thank you.
Thank you - a good & informative meeting.
Page 802 of 947
Thursday, September 24, 2020
Natural Environment - Water Resource System
Submitted Questions
is modeling growth upwards in a livable style like Singapore has done being considered?
I'm a newcomer to Niagara. I'd like to know why we have development on top of highly sensitive aquifers
and what impact that haves.
when are you be able to provide the full mapping on not only the watershed mapping and the natural
heritage system ?How can one comment on this without the true facts?
also have you looked at what the coralation is between the growth numbers that have be put forth by the
province and the impacts of those numbers to these proposals?
I am not sure why you are seeking input from the general public at this evidently very preliminary stage of
the proceedings. After sitting through almost three of these presentations, I conclude that either I am not
intelligent or that these sessions are not useful to the average lay person. I would need several introductory
tutorial in order to begin to understand what you all have been saying. I feel you are talking mostly to
yourselves though there may be other listeners who do understand you. I think that the presentations are
extremely conceptual (as you acknowledge), highly abstract, consisting mostly of "motherhood"
statements, while admitting that nothing definitive is being proposed. I get no idea of what is being
proposed on the ground, area by area so that I can tell you what I feel about it. Basically, will you tell me
you will stop the further destruction of Niagara's natural resources? Simplistic question???
Question: I guess I am not allowed to ask verbally on Zoom? Why is there no recognition of the need to
PROTECT OUR AQUIFER in the South Coast of Niagara??? The need to protect human drinking water is
paramount. Sorry Ron Schenckenberger, there is NO concern of developers to protect our AQUIFERS.
how to deal with past construction for example culverts etc. that have negatively affected the flow rate.
This is definitely been the case at the 12 mile creek located in reach 8 the east tributary from Tremont Dr to
Highway 406. This has casued accelerated errosion on the embankments near existing large apartment
buildings putting over 300 or more tenants at risk. What will be done about this?
Why would we exclude settlement areas? - Arent those artificial boundaries for watershed planning as
some of the features and indeed the impacts to the watershed extends into settlement areas.
Did I hear you correctly that WRS Option 2A will map floodplains outside of the settelement areas, but not
with them?
As development continues, is it not important to require all subsequent development proposals to undergo
cumulative impact assessments?
In terms of identifying and informing healthy aquatic and terrestrial ecosystems would various Marsh
Amphibian/Bird Monitoring surveys; Breeding Bird Surveys which have been conducted for decades be of
use?
What solutions are being put forward at the 12 mile creek that have been negatively affected of the water
shed in the area and errosion of the embankments. Specifically Reah 8 of the east tributary from Tremont
Dr and Highway 406 have been negatively affected by accelerated flow rates. This has been caused by
culvert construction for example that have caused accelerated erosion that has put some apartment
buildings at risk (over 300-400 tenants). The City and the Region is aware of these problems for last twenty
(20)years.
How polluted are we?
Page 803 of 947
My sense is that this is being done to increase the population in the Niagara Region. This is due ti people
not being able to afford to live in the GTA. This means increase polution and traffic on our highways. This
polution etc. impacts our water. This completion of this planning is a long way off - and developers are
moving as fast as they can to develop areas that may be sensitive to our water. Will the province's desire to
increase population in the Niagara region over take the common sense that should result from this work?
The NPCA Watershed report card shows surface water quality with a "D" rating. Furthermore, this has been
rated "D" since at least 2012 - which WRS option 2A or 2B will provide the greatest improvement in water
quality?
What is going to be done to deal with new commercial and residential developments that are being
proposed that will have negative long term effect on the water tributaries? There are many examples of
garbage and polution created by these devlopments but there has been no controls put in place to ensure
our Niagara watercourse are maintained. What operational risk controls will be put in place to ensure
there is no overdevelopment near the Niagara watercourses and flood plains. Also, will there be
substantial penalties and enforcement put in place?
There was a substantial inventorying of natural areas, validated by field studies, called Nature for Niagara's
Future - has this information been incorporated into your work?
There are streams that go through car wreckage yards in Niagara Falls and Fort Eire. Should not these
streams be diverted from these areas to avoid future contamination?
It is excellent that the Region is taking a progressive stance with respect to meeting the policies outlined in
the PPS 2017 for the Growth Plan and Greenbelt Plan. Thank you for acknowledging the NPCA and the RAP
program as a valuable partner. Karst formations were mentioned an area of potential future study, as a
hazard area will the NPCA be involved with this study? Will a copy of the slide presentations be available
after the meeting?
Last evening you mentioned that Fish Habitat would not be mapped, but there would be some sort of
policy protection. How can policies be implemented to protect something that isnt mapped?
There are a lot of Karst areas in Smithville within the area being proposed for expansion. Are these areas
being excluded from potential development, since Karst can be pathways for contamination.
Considering the Niagara Region's past performance and failing grade. Why wouldn't the best choice be to
protect our Natural Heritage and Water Resources be paramount?
What do you see as the major long-term differences - impact-wise - between Options 2A and 2B?
Submitted Comments
Can't hear - please get closer to mike!
Comment - not question:
Ontario government has a watershed flow assessment tool - https://www.ontario.ca/page/watershed-flow-
assessment-tool
as does Brock University
as does Ministry Northern Development and Mines, Ontario Geological Survey
Apologies, Karen, should have said, Brock University Earth Sciences
Page 804 of 947
Sidestepping drinking water, wastewater management, etc & their infrastructure ...
How good are our water resources in Niagara region?
Will the following be considered?
- as in recreation - fishing, swimming, shorelines/beaches, etc
- as in flood control, water table
- as in utilization by agriculture, industry, the Welland Canal, and urban developers
- as in utilization by the indigenous population (hunting, fishing rights)
- as in “how many exceptions?” - particularly ones that aren’t efficient or safe or climate-friendly
and so on.
It seems we haven’t had a good report card score for a long time - we’re pretty polluted.
Really like the Goals & Objectives.
Reference material suggests that 2B is the better choice for water resources system for region-wide
features because it includes settlement areas.
It is essential to choose the best Option 2B which includes linkages in the settlement areas, appropriate for
a continuous hydraulic/hydrologic WRS
2B provides better protection for small linkages and features in and out of settlement areas as well as
buffers.
I am concerned about the orange coloured areas marked for watershed studies based on future urban
expansions. This is the first time I have learned of any urban expansions being considered through this plan
review. On a need basis there is no reason for any urban expansions since this is supposed to be calcuated
on a regional basis. An attempt a few years ago to have an urban expansion in the Smithville area was
rejected by the province since the rationale of a separate western need area was rejected by the province
as a violation of both the Growth Plan and the PPS.
We NEED Niagarra Region to protect our drinking water. Without CLEAN drinking water there is no reason
for jobs...
The one area that I see an urban expansion concern is the Douglastown area of Fort Erie. This is because
this area was essentially imposed by the province through the courts. A watershed plan re urban growth
would be a helpful form of damage control.
Please suggest possible responsible uses for exhausted aggregate quarries where quarrying has been done
into an aquifer.
Not sure how to speak in this call?
I was also shocked to see urban expansion areas proposed for north west Niagara Falls. Urban needs could
be served within the urban boundaries in the Chippawa area. This is one of the reasons that the region is
going ahead with the new sewage treatment plant here, so that infrastructure capacity problems in south
Niagara Falls do not stop growth on lands which are appropriately zoned.
There was no discusion of strategies to clean up ground water contamination. This is a serious problems.
Such situations on lands such as the former General Motors site are a big barrier to needed intensification.
Seeing clean up costs as part of a strategy to curb ground water pollution is an important way to get action
on this problem
appreciated you bringing forth my questions , however i never recieved an answer or commitment of when
the mapping would be availble.
and to blame the provincial government is certainly a kop out!!!
I witnessed illegal dumping in Niagara Falls. This is known to the city council but nothing seems to be done
about it. Could stopping such actions be part of a strategy to protect ground water.
I think that because contamination / pollution seems to be quite a concern, this portion of planning should
address this issue. Please don't ignore your public.
Page 805 of 947
Wednesday, October 7, 2020
Growth Management
Submitted Questions
How does the Region decide how much growth is allocated to any given municpality?
The planning is focusing on establshed communities. regions such as Wainfleet has no "established
communities and based on your definitions will be excluded from the planning. West Lincoln also
has minimal growth planned. Are these communities going to have support to maintain their
infracstructure needs to allow the projected growth in the designated areas?
Are these current webinars available for future viewing?
will the reports to council in winter 2020/ 2021 confirm the amount of land needed for growth AND
identify the locations where urban expansion is recommended?
thank you for an informative presentation, truly appreciate the detailed. Given how the focus is on
creating complete communities, what is the region’s plan on creating community benefit
agreements with developers to ensure the communities where development happens receive the
localized benefits they need specfically to their neighbourhood. Does the region have an official
community benefit agreement policy as a strategy to include inclusive growth?
With regards to the housing growth needs versus employment land growth requirements, has it
been taken into consideration that many residents coming to Niagara are retirees?
How is Specialty agriculture defined?
with 3 different mapping proopsals , what would be the change in settlement areas and numbers
between all three mapping proposals and whe will we see full and concise mapping instead of what
has been proposed.
I am curious about how the environmental policy review will inform the urban land needs study
specifically? Can you provide more information on how the impacts of the proposed policy
framework and policies will be quantified?
As Planners determine the vacant land inventoryj/parcels within their own municipalities, and that
information is provided to the Region to assist in developing allocation targets and density (# of
persons per household/etc) of those parcels, what role does the Council of the municipal have in
this process and can a Council request reconsideration of the allocation given to it? As the
allocations to municipalities are "minimum targets", does a municipality have any ability to slow or
stop development if targets are achieved earlier than 2051? As required in Amendment 1 of the
Growth Plan, how are market forces now a requirement in determining land needs methodology
and allocations within municipalities?
At the Natural Heritage session there were a number of identified areas where urban boundary
expansion are taking place. One was Smithville, which I noted could result in negative
environmental impacts because of the presence of Karst formations. There were at least two other
urban boundary expansions which were identified. Two of these were in western Niagara Falls.
Could all the areas where these expansions are being considered be mapped be clearly identified
tonight. Could it be clearly indicated how people can be involved in what I believe from the
previous meeting the watershed planning excercies which are guiding these exercies.
secondary question is: what is the region’s community engagement strategy in hearing resident
voices from equity seeking communities: BIPOC, persons without homes, etc.
when is the urban boundary line will be finalized?
Page 806 of 947
Following up on the question by John Bacher, does the Region not have the authority to defer ALL
urban expansion considerations to a date after the finalization on the Official Plan? I believe it
should have this authority and as such NOT permit any expansions before that date.
How will the Niagara Region expect to reach the goals outlined by the province - and how well will
the Niagara Region meet the goals
that is population goals supported by bi-partisan
Even though the provoince is predicting our growth related to an aging popultion…….is there any
thought, activity, strategy to adjust this prediction to have a more “complete community” that
include the younger demographic.
Talk about using the currrent infrastructure efficientely: the main water supply pipe is on Vansickle
road, and the Niagara Health St.Catharines Centre had built for many years. Is any growth plan
around the West end of St.Catharines around the Hospital?
Niagara-on-the-Lake is a very special place and as such has in the past been given a target of 15%
intensification over about 26 years . However over the last five+ years we have been told that this
is a minimum number of units and therefore we have seen staff recommendations and Council
approvals of lots close to sensitive natural areas and in the Old Town Established residential areas
quite regularly. My question is how do we protect our built and natural areas from these types of
development as required uner the heritage act and through provincial and regional and local
environmental policies?.Gracia Janes
contaimination of brownfields is a major barrier to good planning. Could strategies be developed to
address these problems including financial assistance from senior levels of government? In the past
there was no serious effort to estimate brownfield capacity. While the 30 year planning effort
normally encourages sprawl, if it is assumed that some time in this period brownfields will be
cleaned up it would encourage better planning.
How will you / do you define 'affordable' with regards to housing. It is a relative term. , so how do
you plan to define and
re-define as you move through the years, and across the various municipalities.
With respect to my question.... Well I presented these concerns to the regions over a DECADE
ago!!!!! A lot of property owners have. What is the hold up with respect to getting some traction on
this?
What are we DOING to keep these younger people here.
Housing?? what about jobs strategy ??
Sorry i cant voice talk in. But, I would like to know how the Region of Niagara will allow building that
is necessary to meet the provincial goals. We have to build
Can Mr.Giles explain the differance between HOUSING AFFORDABILILTY and AFORDABLE HOUSING
one is subsidized and one isnt?
how will the region work with developers and builders to achieve housing affordibilty and remove
roadblocks and delays that add to the cost of housiing. More affordibililty =less affordable
housing!!!
Submitted Comments
Page 807 of 947
When the Niagara Region in the past was determining if any urban boundary expansion in the past,
it determined this on a region wide basis. It seems that now already it has been determined that
certain municipalities based on their own needs will need expansion. This seems to be a negation of
region based planning. It seems to preclude encouraging filling in urban boundaries in municipalities
like Fort Erie and Port Colborne before any urban boundary expansion takes place in Niagara.
There is an area known as Douglas Town in Fort Erie, which I believe has a lot of land for potential
urban expansion. This is because a court over ruled municipal efforts to restrict growth here. Since
land owners appear to have a right already to develop here, it would appear that watershed studies
are urgently needed to restrain it in an orderly way. This area could also be a good alternative to
urban expansions which would permit new site alterations on farmland and natural habitats.
We feel the lower level tiers of municipal govt are being resisting development that is needed to
meet affordable housing needs
Jobs is what matters!!
there are agressive needs, the province has dictated this
we have to meet the needs as dictated
only by box
this is a great need to meet the needs of the community
The Ontario Human Rights Commission has targeted NIMBY communities that refuse to allow
'undesirable' residents. This needs to change and we need to be inclusive
Thank you everyone. Excellent webinar.
Page 808 of 947
Thursday, October 8, 2020
Employment Lands, Urban Design, District and Secondary Plans
Submitted Questions
It appears that heritage planning at regional level is moribund. Could concern with design,
be a way to revitalize it?
The employment land map that showed three areas (Core plus two others). Could you
explain how this was analyzed; are these are all employment areas? Or will some that were
described as Innovation/Knowledge have more flexibility in uses (especially mixed use)?
With regards to employment land requirements, are the previously utilized (but now vacant
and abandoned) buildings/lands being considered for future use rather than remain in their
current state and develop new areas?
is it preferred different types of employment (e.g. technology based companies vs tradition)
be kept separate and grouped together or have a mix of employment types in an area?
Submitted Comments
One way that urban design could be used is to protect histoic estate lots in Niagara on the
Lake. Apart from heritage benefits these protect tree cover and the One Mile Creek.
Regional guidelins could protect these areas in Niagara on the Lake, and perhaps similar
areas in other pats of region where they exist.
I am from St. Catharines which still is governed by an obsolete 1965 transporation study. It
would appear that design approach would be a way to make transporation less automotive
centered by reducing street widths for example.
Thank you - short session tonight.
Page 809 of 947
Tuesday, October 20, 2020
Rural and Agriculture, Mineral Aggregate Resources, Archaeology
Submitted Questions
How does the upcoming brown road proposal by walker in south end Niagara Falls fit
with regional official plan. And will rehabilitation of winding down Taylor quarry be a
likely requirement of approval of new quarry?
Regarding the Fonthill Kame, can you please outline how the new Official Plan will
recognize and embed the Area of Natural and Scientific Interest (ANSI) for the Fonthill
Kame?
What long term protection will the vulnerable aquifer thst stretches under Wainfleet,
Port Colborne and Fort Erie from minineral aggregate operations
How will the Agricultural Policies impact lot creation?
Question in regards to AMP program. Which indigenous parties have being consulted in
development of this plan as well are developers part of your consultation to gain their
insight and recommendations.
In the presentation was it mentioned that the NR was using an agricultural consultant to
help develop the official plan? If so, what firm or person is the consultant?
The new MNRF amendments have taken away the authority of local municipalities to
restrict the depth of quarrying/pit excavation. However, the Municipalities still have the
responsibility to protect the environment, including the groundwater/aquifers. Will the
NOP recognize the difference between operations above, and below the groundwater
table, i.e. recognizing that there are "dry pits" and "wet pits" and that they require
different policies.
with respect to the archaeological mapping will there be a list of what types and age of
artifact that will require designation
What role would the Region play in the process if archaeological features are discovered
during construction? And will the archeological map be open to fine-tuning as time goes
on?
How will the proposed AMP impact normal farm practices
I am so confused. Please explain the process of equitable application of the protection
of prime agricultural area. We have prime tender fruit land at the bottom of the
escarpment in Grimsby demolished for condensed housing, while useless clay land is
being protected on top of the escarpment. We then see hamlets being allowed in some
of the useless clay land area while other landowners, within the same area and with the
same soil quality, being prohibited from land use change. This results in some
taxpayer/landowners being disadvantaged financially without any clear equitable
rationale.
Would you please give the E mail address for the panelists.
Has the Region considered completing a LEAR study, like other municipalities in the GGH
have, instead of relying on the Provinces LEAR?
Does the Region consider Cannabis production to be an agricultural use? Will it allow
zoning by-laws that conflict with the Farm and Food Production Protection Act?
Page 810 of 947
Submitted Comments
Comment - really like that agriculture has been doing and will be doing diversity.
Page 811 of 947
Wednesday, October 21, 2020
Infrastructure, Water and Wastewater, Stormwater, Transportation
Submitted Questions
If I understand the NOP goal (enviornmental protections) why doesn’t the Region map aquafers in our rural
areas - well systems are risk for groundwater contamination or removing protective covers in quarries in
our rural communities
Will the aquifer used by rural residents in Wainfleet, Port Colborne and Fort Erie be identified as a drinking
water source in the ammended ROP?
Mr.Lambert, the new waste water treatment plant proposal costing comes in at 345 million dollars can you
let me know how the costs would be recovered for this ? I.E benifit to excisting and new growth I.E DC
charges knowing that we are eliminating many pumping stations
Will the new Official Plan address the large increase in demand on water, effluent management and solid
waste management created by the growth of the cannabis industry in the Region?
As far as quality of water being supplied to our homes, is that something that is handled by the individual
municipalities, or is that something that falls under the Region?
Is there any water /wastewater servicing proposed for Wainfleet and is the capacity there for the build out
of Rolling Meadows development in South Thorold?
thank you. Transit - does the plan support expansion of Regional transit routes? If so, what is the timing for
expansion?
when the new waterwater treatment plant will start to function?
Why are there so many barriers to getting vegetative swales instead of conventional curbs and gutters?
There is also a problem such in the old Town of Niagara on the Lake of these swales being converted to
concrete curbs despite community opposition.
How could more progress be achieved in getting more roof gardens to reduce storm water runoff in
Niagara. Some municipalities, notably Toronto has by-laws to encourage this. Could this be started in
Niagara?
Can you share what the current impact our waste "sewage" water has on our lakes?
Can you explain how the development of the new OP will take into account the need to reduce carbon
emissions in order to mitigate climate change?
How does the Regional plan promote housing options that allow for better public transit / active
transportation?
Will Wainfleet be required to contribute to the cost of urban wastewater plans? There is no benefit to us!
Transit - does the plan support expansion of Regional transit routes? If so, what is the timing for expansion?
Does your mapping include the businesses that are licenced to take water, the amount allowed and if
discharged, to where is it discharged and in what condition?
Parking lots are big generatiors of storm water. Could an effort be made to have some of this volume go
into swales and other vegetative areas. Right now vegetative areas around parking lots do not receive water
flow from them.
Are there plans to amalgamate the existing local transit operations with the current regional system and to
establish a single transit service, similar to what has occurred in Durham and Waterloo for example?
Provincial policy restricts expansion of the water / sanitary network to certain situations - How often are
these situations invoked to justify expansion? (e.g. Adjacent to settlement areas)
Page 812 of 947
a biodiversity planning such as the City of Toronto can create needed habitats for storm water management
in a natural way. riverine and buffers and stream edge and marshes, wetlands would help meet needed
native habitats, will this be fully built in to the strategy????
Are there any current requirements for residential developers to include cycle and walking paths in their
plans to make communities more sustainable?
How is the odor from waste water treatment plants monitored. Is there new technology to reduce the oder
in the future?
Once the Official Plan has been finalized, is the language for directing each municipality 'shall', 'should', or a
mix of both? (similar to what the region saw from the province)
Could the new sewage treatment plant in Niagara Falls have a forested buffer to reduce potential odour
problems?
In Portland swales have been found to be complimentary to bicycle lanes. Could such an approach be
developed in Niagara?
Has there been any talk from a regional level about removing/reducing parking minimums, or enforcing
parking maximums, region wide? Is the region encouraging this?
how does the TMP corralate with the other parts of the OP considering we have no clear and concise
mapping with regards to natural heritage areas and watershed mapping
Are local transit systems reassessing their schedules so a more reliable system is established to coincide
with the increased schedules and investment of Regional Transit?
What is the process when a property in St Catharines has a change in the zoning and the property owner
was not advised of this prior to the change? The property zoning had a negative effect on the value of the
property and assessed value did not decrease. What should the property owner do to have this addressed
and who should be contacted?
Is the Port Dalhousie water treatment plant going to be updated to handle the future increase in population
due to the condomium growth in Port Dalhousie?
Is the cycling plan same as walking / hiking? Particularly (hopefully) if the routes are interconnected
throughout the region.
What is the position of the group in regards to affordable rental development versus condominium
development?
Is there a mechanism for community or organizations to make specific recommendations to the future OP?
Is the region considering any depaving innitiatives as a means of improving biodiversity, permeability, and
even food security (through urban farming)?
Will the group allocate funds for site specific damages to properties caused by the water shed and man
made solutions that had a negative effect on a property? Or at least perform research
Do you actually have a committe made up of public members that you consult with - talk out with?
How often do you hold these forums?
Is there a defined list of wast water projects for the region based on priority
Is this the first time I heard of a specific Growth Management session?
Submitted Comments
We are pleased that there are no plans to expand water/waste water system in Wainfleet . Have spent
considerable money to keep our septic systems up to date and do not support having to pay for additional
waster water infrastructure that is not needed
All of the documents that are being sent out to individuals should be posted for others to review
Page 813 of 947
Hurray more forums!!! I appreciate all your work on this plan and allowing the community to have a voice.
Page 814 of 947
Key Themes from Employment Policy Survey
•“Jobs”, “Economic Diversity”, and “Skilled Labour Workforce” are the most
commonly prioritized employment themes, with “Jobs” being consistently
ranked as the highest priority amongst all themes.
•Niagara is a good place for skilled labour jobs, but its employers do not
offer competitive wages compared to employers in the GTHA.
•Niagara must do more to attract employers that require skilled labour jobs
and offer competitive working wages.
•Niagara is a good area to locate a new business and has amenities and
infrastructure that is attractive to employers.
•Niagara should harness its existing economic strengths, while diversifying
its economy by attracting new employers and economic sectors that it is
typically not known for.
•Niagara must proactively plan for short- and long-term employment needs,
including strategically protecting lands outside of urban areas for future
employment opportunities.
•If given the choice, people would rather work in Niagara than in the GTHA.
•People who live in Niagara did not move here for its unique employment
or economy, as job opportunities in Niagara can be found elsewhere in the
GTHA.
•Niagara should prioritize municipal servicing and infrastructure for
employment uses, including proactively providing servicing to vacant
employment sites to make them more marketable.
•Employment development and redevelopment should be integrated within
existing communities wherever possible and should blend with community
character.
•Employment uses should be located with similar employment uses.
•Niagara’s commuters have limited transportation options to get to work
and would consider using an alternative means of travel, other than
private vehicle, to get to work, if it were reasonable and accessible.
•Niagara should encourage employers to promote transportation demand
management practices and reduce surface parking spaces where
possible.
•Employer needs, such as physical assets and building space, may shift as
a result of the COVID-19 pandemic.
•Jobs that have transitioned to work-from-home jobs as a result of the
COVID-19 pandemic may remain as such after the pandemic.
Appendix 3 - Key Themes from Employment Policy Survey
PDS 35-2020
Page 815 of 947
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
December 22, 2020
CL 23-2020, December 17, 2020
BRCOTW 3-2020, November 26, 2020
CSD 65-2020, November 26, 2020
LOCAL AREA MUNICIPALITIES
SENT ELECTRONICALLY
2021 Budget-Water and Wastewater Operating Budget, Rate Setting and Requisition
CSD 65-2020
Regional Council, at its meeting held on December 17, 2020, approved the following
recommendations of Budget Review Committee of the Whole:
That Report CSD 65-2020 – REVISED, dated November 26, 2020, respecting
2021 Budget-Water and Wastewater Operating Budget, Rate Setting and
Requisition, BE RECEIVED and the following recommendations BE
APPROVED:
1. That the 2021 Water & Wastewater net operating base budget increase of
$1,229,624 or 1% for Operating and $1,229,417 or 1% for Capital Financing
over the 2020 operating budget BE APPROVED in accordance with the 2021
budget planning strategy;
2. That the 2021 Water Operations gross operating budget of $47,038,985 and
net budget in the amount of $46,656,372 as outlined in Appendix 7 of Report
CSD 65-2020 for the Water Budget, Rates and Requisition BE APPROVED;
3. That the proposed fixed water requisition shown in Table 4 of Report CSD 65-
2020, based on 25% of the Region’s water net operating budget for the year
and divided by 12 to determine the monthly charge, to be billed to each of the
serviced Local Area Municipalities starting January 1, 2021, apportioned
based on their previous three year’s average water supply volumes, BE
APPROVED;
4. That the Region’s proposed 2021 variable water rate of $0.611, shown in
Table 5 of Report CSD 65-2020, to be effective January 1, 2021 and
calculated by taking 75% of the Region’s water net operating budget and
dividing by the estimated supply volume, to be billed on a monthly basis to
each serviced Local Area Municipality based on the previous month’s
metered flows, BE APPROVED;
Page 816 of 947
2021 Budget-Water and Wastewater Operating Budget, Rate Setting and Requisition
December 22, 2020
Page 2
5. That the 2021 Wastewater Operations gross operating budget of $82,409,557
and net budget in the amount of $78,774,320 as outlined in Appendix 7 of
Report CSD 65-2020 for the Wastewater Budget, Rates and Requisition BE
APPROVED;
6. That the proposed 2021 fixed wastewater requisition as shown in Table 6 of
Report CSD 65-2020, based on 100% of the Region’s net operating budget
for the year and divided by 12 to determine the monthly charge, to be billed to
each of the serviced Local Area Municipalities starting January 1, 2021,
apportioned based on their previous three year’s average wastewater supply
volumes, BE APPROVED;
7. That the 2021 wastewater monthly bills INCLUDE the reconciliation for the
2019 net requisition allocation based on actual wastewater flows versus the
estimated flows, as shown in Table 7 of Report CSD 65-2020;
8. That the necessary by-laws BE PREPARED and PRESENTED to Council for
consideration; and
9. That a copy of Report CSD 65-2020 BE CIRCULATED to the Local Area
Municipalities.
A copy of Report CSD 65-2020 and By-law Nos. 2020-92 and 2020-93 are enclosed for
your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
CLK-C 2020-244
cc: H. Chamberlain, Director, Financial Management & Planning, Deputy Treasurer
T. Harrison, Commissioner, Corporate Services, Treasurer
K. Beach, Executive Assistant, Corporate Services
Page 817 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 1
Subject: 2021 Budget-Water and Wastewater Operating Budget, Rate Setting
and Requisition
Report to: Budget Review Committee of the Whole
Report date: Thursday, November 26, 2020
Recommendations
1. That the 2021 Water & Wastewater net operating base budget increase of
$1,229,624 or 1% for Operating and $1,229,417 or 1% for Capital Financing over the
2020 operating budget BE APPROVED in accordance with the 2021 budget
planning strategy;
2. That the 2021 Water Operations gross operating budget of $47,038,985 and net
budget in the amount of $46,656,372 as outlined in Appendix 7 for the Water
Budget, Rates and Requisition BE APPROVED;
3. That the proposed fixed water requisition shown in Table 4 of Report CSD 65-2020,
based on 25% of the Region’s water net operating budget for the year and divided
by 12 to determine the monthly charge, to be billed to each of the serviced Local
Area Municipalities starting January 1, 2021, apportioned based on their previous
three year’s average water supply volumes, BE APPROVED;
4. That the Region’s proposed 2021 variable water rate of $0.611, shown in Table 5 of
Report CSD 65-2020, to be effective January 1, 2021 and calculated by taking 75%
of the Region’s water net operating budget and dividing by the estimated supply
volume, to be billed on a monthly basis to each serviced Local Area Municipality
based on the previous month’s metered flows, BE APPROVED;
5. That the 2021 Wastewater Operations gross operating budget of $81,409,557 and
net budget in the amount of $78,774,320 as outlined in Appendix 7 of Report CSD
65-2020 for the Wastewater Budget, Rates and Requisition BE APPROVED;
6. That the proposed 2021 fixed wastewater requisition as shown in Table 6 of Report
CSD 65-2020, based on 100% of the Region’s net operating budget for the year and
divided by 12 to determine the monthly charge, to be billed to each of the Local Area
Municipalities starting January 1, 2021, apportioned based on their previous three
year’s average wastewater supply volumes, BE APPROVED;
Page 818 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 2
______________________________________________________________________
7. That the 2021 wastewater monthly bills INCLUDE the reconciliation for the 2019 net
requisition allocation based on actual wastewater flows versus the estimated flows,
as shown in Table 7 of Report CSD 65-2020;
8. That the necessary by-laws BE PREPARED and PRESENTED to Council for
consideration; and
9. That a copy of Report CSD 65-2020 BE CIRCULATED to the Local Area
Municipalities.
Key Facts
• The proposed Water net budget represents a $0.7 million increase, or 1.60% over
2020; the proposed Wastewater net budget represents a $1.7 million increase, or
2.24% over 2020, for a combined Water & Wastewater Budget increase of 2% as
shown in Table 1.
• The budget is representative of the 2021 budget planning strategy of 2.00% for base
budget expenditure (1% for operating and 1% for enhanced capital financing) before
COVID-19 expenditures.
• Staff have deferred the 2021 request for a 5.15% increase that supports the Council
approved Safe Drinking Water Act (SDWA) Financial Plan in order to comply with
2021 budget planning strategy.
• Incorporated in the 2% increase for the 2021 operating budget is the requirement for
the operating and debt servicing cost associated with the proposed South Niagara
Falls Wastewater treatment facility. This has been accommodated with a reduction
in the transfer to the capital reserve which will be re-established through future
commitments to the 5.15% increase in accordance with the SDWA Financial Plan.
• The requisition methodology conforms to Councils approved cost recovery
methodology from 2011, which was reaffirmed through report CSD 61-2015, on July
2, 2015. The methodology apportions to the LAMs water at 75% variable rate and
25% as a fixed component and wastewater 100% fixed.
• The proposed variable water rate is increased to $0.611 (2020 = $0.602) attributed
to the budget increase with no projected change in water flows for 2021.
• The municipal requisitions have been corrected for an error in one quarter of a
year’s actual water and wastewater flows incorporated within the three year
average.
Page 819 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 3
______________________________________________________________________
Financial Considerations
The Water and Wastewater Division’s proposed 2021 net budget amount of $125.40
million represents a $2.5 million net increase or 2% (1% for base operating and 1% for
enhanced capital financing) from the 2020 budget, as shown in Table 1. The total net
cost related to the Wastewater program is $78.7 million, representing a net increase of
$1.7 million, or 2.24% from 2020. The remaining $46.7 million relates to the Water
program, which has increased by $0.7 million, or 1.60% from 2020. The proposed gross
budget and comparison to the 2020 net budget are outlined in Table 1.
Table 1 – Summary of Proposed Water and Wastewater Budget (‘$000)
Water & Wastewater 2021 Budget
Summary Water Wastewater Total
2020 Net Requisition 45,921 77,021 122,942
2021 Budget:
Total Operating Expenses 22,225 47,913 70,138
Business Support 1,828 3,296 5,124
Reserve Transfer & Debt Charges 22,527 29,430 51,957
2021 Gross Budget Total - Before
Enhanced Capital Financing 46,580 80,639 127,219
Enhanced Capital Financing (1%) 459 770 1,229
2021 Gross Budget Total 47,039 81,410 128,449
Less: Revenues* (352) (2,572) (2,924)
Less: Safe Restart Funding* (31) (93) (124)
2021 Net Requisition 46,656 78,744 125,401
Percentage Change 1.60% 2.24% 2.00%
*Revenue amounts presented in this table do not include revenue amounts in water and
wastewater shared services (included as an offset in total operating expenses).
Analysis
The 2021 Water and Wastewater budgets were developed giving consideration to
historical results (2019 actuals, 2020 forecast), operational concerns, legislative
compliance, standard operating procedures, impacts as a result of COVID-19 and
cross-divisional and corporate business support costs. In Table 2, the
increases/pressures identified for 2021 are $3.0 million before recommended mitigation
measures totaling $1.6 million.
Page 820 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 4
______________________________________________________________________
Table 2 – Summary of Proposed Water and Wastewater Budget with Pressures
and Mitigations (‘000)
Water & Wastewater
2021 Budget Summary
Water
$
Wastewater
$
Total
$
Total
%
2020 Net Requisition 45,921 77,021 122,942
Gross Increase/Pressures 599 2,376 2,975
Base Subtotal 46,520 79,396 125,916 2.42%
Mitigations (292) (1,328) (1,620)
Safe Restart Funding (31) (93) (124)
Net Operating Increase 276 954 1,230
Base Total 46,197 77,974 124,172 1.00%
Enhanced Capital
Financing 459 770 1,229 1.00%
2021 Net Requisition 46,656 78,744 125,401 2.00%
Council previously adopted a 5.15% increase as per the SDWA financial plan. This
would have allowed for a budget increase of $6.3 million, however, the budget planning
strategy only allowed for a 2% increase or $2.5 million: 1% for base operating ($1.2
million) and 1% for enhanced capital financing ($1.2 million). Given the largely fixed cost
nature of the operations (i.e., chemicals, utilities, property tax, previously approved debt
charges) staff needed to identify mitigations options within the very small budget of
discretionary spending so not to impact the daily operations of the services. Of the total
requisition amount of $125M for 2021 approximately 94% of the total amount is fixed as
it relates to treatment of water and wastewater and capital financing. The remaining 6%
can be classified as discretionary expenditures that does not specifically relate to
wate r/wastewater treatment (i.e., CSO grants, certain building maintenance such as
snow removal and grass cutting). The proposed mitigations will decrease the net
requisition increase from 2.42% or $3 million to the budget planning strategy amount of
2% or $2.5 million.
The increases/pressures to the budget of $3.0 million are largely due to the following:
• Utilities (Gross: $0.8 million; Net: $0.4 million) – The gross increase aligns with
overall corporate utility assumptions for 2021. Utility rebates of $0.4 million have
also been budgeted. This is an increase of 3.6% in the overall utility budget.
• Chemical Costs ($0.5 million) – The pressure is representative of various
chemical contracts being renewed in 2021 plus additional anticipated chemical
usage at the existing Niagara Falls WWTP to meet compliance objectives. This is
an increase of 12.1% in the overall chemicals budget.
Page 821 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 5
______________________________________________________________________
• Base Capital financing ($0.5 million) – 1% or $0.5 million increase in base
funding for capital to address infrastructure backlog.
• External Legal ($0.3 million) – External legal fees are anticipated to increase as a
result of on-going legal issues associated with previously completed capital
works which cannot be accommodated within the existing base budget of
$34,000.
• Property Taxes ($0.3 million) – Annual inflationary increases on property taxes
plus the on-boarding of the previously unbudgeted new NOTL treatment facility.
This is an increase of 12.5% in the overall property tax budget
• Bio-Solids ($0.2 million) – Expected increases in volumes and contract per unit
rates as initiated in 2020. This is an increase of 3.23% in the combined bio-solids
budget for cake disposal, land application and sludge haulage.
• Compensation ($0.1 million) – annual increases as per current labour contracts
and policies.
• Business Support/Department Allocations ($0.2 million) – increase in allocations
from other departments (i.e. integrated services, facilities, finance, insurance,
etc.)
• Repair & Maintenance (-$0.2 million) – decrease in repair and maintenance as a
result of reduced spend in 2020 (excluding the impacts of increase R&M
Grounds as a result of student deferral – see below).
The mitigations of $1.6 million are comprised of the following discretionary expenses:
• CSO Program Deferral (-$1.0 million) - The 2020 annual budget for this program
is $4.0 million with $2.0 million funded from the rate requisition and $2.0 million
funded from Development Charges. Deferring half of the 2021 CSO would
provide $1.0 million relief on the proposed 2021 wastewater requisition. The $1.0
million program cost represents 1.27% on the 2021 wastewater requisition and
0.80% on the combined 2021 water/wastewater requisition. The Region currently
has $16 million in commitments (as at y/e 2019) to 10 LAMs for approved
but unspent CSO projects which will be maintained. Deferring half of the 2021
CSO funding may allow municipalities to complete historical projects that remain
outstanding anticipating they too may experience some budget pressures due to
the current economic environment but will allow some projects to proceed in
2021.
• Student Position Deferral (Gross: -$0.4 million; Net: -$0.2 million) – Student
positions supplement staff resources to enable staff to focus on special projects.
Page 822 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 6
______________________________________________________________________
As well they are responsible for grass cutting which will now be completed by the
contractor.
• Water Wagon/Water Festival Deferral (-$0.2 million) – Deferral of both the water
wagon and in person water festival activities (continued virtually in 2020/21) for
2021 as a result of COVID-19 restrictions.
• Salary Gapping (-$0.2 million) – Staff have implemented a salary gapping
strategy which estimates the savings due to staff turnover at 1% of the proposed
personnel budget.
The proposed one-time mitigations provided above (deferrals of half the 2021 CSO
program, student positons, Water wagon/festival, and conferences) will create additional
pressures in 2022 to re-instate the programs, however these are anticipated to be
accommodated within the 5.15% SDWA Financial Plan previously approved by Council.
Reserve Management - Capital/Infrastructure
The proposed 2021 budget planning strategy of 2% recommended 1% for base services
and 1% for capital financing enhancement. As a result, staff are deferring the Council
approved SDWA Financial Plan combined water/wastewater increase of 5.15% for
2021. Staff will be recommending that the financial plan be reinstated for 2022 in order
to address both the asset renewal backlog as well as the Region’s annual funding gap
of $77 million (10 year Average Annual Renewal Investment – AARI) that had been
identified in the 2017 Council approved comprehensive Asset Management Plan (AMP).
As per the capital financial strategy, staff proposed as a guiding principle that a
minimum reserve balance of 2% of the current asset value be maintained. The dotted
lines on the chart below illustrate the 2% target compared to the forecasted reserve
balance for each year. The Reserve balance has been decreasing to support the
necessary backlog of infrastructure renewal. The strategy is to replenish the reserve
with the 5.15% increase each year in accordance with the financial plan. The transfer to
reserve is being temporarily reduced to accommodate the new South Niagara Falls
WWTP debt charges and operating costs budget within a 2% overall budget increase.
However, until the plant is operational, this budget will continue to fund pay-as-you-go
capital projects (in accordance with the Budget Planning By-law) to invest in critical
infrastructure similar to the transfer to capital reserve.
Page 823 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 7
______________________________________________________________________
Chart 1 – Forecasted Water and Wastewater Capital Reserve Balances
South Niagara Falls Wastewater Treatment Facility
As identified in report PW 39-2020 – South Niagara Falls Update, the SNF WWTP
capital projects and required debt financing can be accommodated within a 2% rate
increase in 2021 with the following key strategies:
• Temporary reduction in the transfer to the WW capital reserve to accommodate
increased debt charge budget ($3.8 million). To be used for pay-as-you-go
infrastructure until SNF WWTP debt is required;
• Use of plant operations and maintenance budget to fund pay-as-you-go
infrastructure until the plant is operational ($5.3 million operating costs net of
savings); and
• 5.15% combined requisition increase from 2022 – 2028 is required to re-establish
the transfers to capital reserves to $40 million from $21 million in 2020 to support
the asset management plan.
For 2021, the capital projects funded from the total SNF WWTP operating and debt
charge budget amounts of $9.1 million can be found in Appendix 1.
$-
$20
$40
$60
$80
$100
$120
2012201320142015201620172018201920202021202220232024202520262027202820292030Water Wastewater Water Target Wastewater Target$ MillionPage 824 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 8
______________________________________________________________________
Table 3 below provides a reconciliation of the wastewater operations (net), capital
reserve contributions and the debt charge amounts. The impacts of the SNF WWTP
have been accommodated in the base budget by decreasing the transfer to the capital
reserve.
Table 3 – Reconciliation of the Wastewater Operating Budget with Consideration
to the SNF WWTP
Wastewater Operating Budget Operating
(Net)
Reserve
Contributions
Debt
Charge Total
2020 Approved Net Budget $47,908 $20,963 $8,150 $77,021
Changes SNF WWTP:
Reduction in transfer to
Reserve to increase Debt
Charge Budget
0 (3,814) 3,814 0
Reduction in transfer to
Reserve to increase for net
Plant Operating Expenses
5,265 (5,265) 0 0
Temporary Budget allocation
to Capital Until SNF WWTP
Operational
(5,265) $9,079 ($3,814) 0
2021 Net Budget Impact After
SNF WWTP 47,908 20,963 8,150 77,021
% Increase due to SNF WWTP 0.00% 0.00% 0.00% 0.00%
Changes 2021 Net Budget:
Base Budget Change 636 (379) 697 953
Capital Financing
Enhancement – 1% 0 770 0 770
2021 Net Budget 48,544 21,354 8,847 78,744
% Increase total Wastewater 1.33% 1.87% 8.55% 2.24%
COVID-19 Impacts
Staff have identified $0.1 million in COVID-19 related expenditures that will be funded
from Safe Restart funding for 2021 water and wastewater operations. These amounts
primarily relate to enhanced cleaning and social distancing measures for Regional staff.
W ater and wastewater flow volumes from municipalities have also declined due to
business related shutdowns due to COVID-19. However relative to the three-year
average, water flows are only down 1.3% as of September 2020. As the 2020 water and
Page 825 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 9
______________________________________________________________________
wastewater flows are part of the 3-year average used for the 2021 water and
wastewater fixed requisitions this reduction will impact the distribution of costs across
the municipalities. This has caused municipalities that have had relatively consistent
flows over the 3-year average to be allocated a greater share of the fixed requisition.
For the wastewater fixed charge, any variations in the 3-year average for 2021 relative
to actual flows will be incorporated in the year-end reconciliation in the 2023 wastewater
billing (as is the 2019 reconciliation in the 2021 requisition). For the water fixed amount,
there is no year-end reconciliation. Area municipalities may be eligible to claim these
fluctuations as COVID-19 related impacts for Provincial funding.
Water Requisition
Fixed Water Requisition
As per Council’s approved methodology, $11,664,093 (25%) of the net Water budget
will be recovered from fixed monthly requisitions to the local municipalities based on
historical flows. The historical water flows and percentages utilized are included in
Appendix 2 and 3. This annual amount based on the historical flows is then divided by
12 to determine the monthly charge to be billed to each of the services LAMs starting
January 1, 2021. Also included as part of Appendix 2, is the annual impact on the fixed
wate r requisition between 2020 and 2021 for each LAM. Table 4 summarizes the fixed
amounts to be billed to each LAM based on the above methodology.
Table 4 – Fixed Water Requisition for 2021 Net Budget
Municipality 3-Year
Avg. (%)
Allocation
($)
Monthly
($)
Fort Erie 7.63% $889,681 $74,140
Grimsby 5.42% $632,039 $52,670
Lincoln 4.13% $482,303 $40,192
Niagara Falls 25.35% $2,956,366 $246,364
Niagara-on-the-Lake 5.67% $660,791 $55,066
Pelham 2.25% $262,062 $21,839
Port Colborne 5.05% $589,592 $49,133
St. Catharines 26.65% $3,107,935 $258,995
Thorold 3.74% $436,001 $36,333
Welland 12.42% $1,448,698 $120,725
West Lincoln 1.70% $198,626 $16,552
Total 100.00% $11,664,093 $972,008
Page 826 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 10
______________________________________________________________________
Table 4 – Fixed Water Requisition for 2021 Net Budget-REVISED
Municipality 3-Year
Avg. (%)
Allocation
($)
Monthly
($)
Fort Erie 7.58% $883,772 $73,648
Grimsby 5.46% $637,160 $53,097
Lincoln 4.16% $485,166 $40,431
Niagara Falls 25.27% $2,947,840 $245,653
Niagara-on-the-Lake 5.73% $668,598 $55,716
Pelham 2.25% $262,088 $21,841
Port Colborne 5.05% $589,416 $49,118
St. Catharines 26.55% $3,097,272 $258,106
Thorold 3.78% $441,389 $36,782
Welland 12.42% $1,448,636 $120,720
West Lincoln 1.74% $202,756 $16,896
Total 100.00% $11,664,093 $972,008
Variable Water Rate
The remaining $34,992,279 (75%) will be charged through the variable rate. The
recommended variable rate of $0.611 per cubic metre as outlined in Table 5 is based on
a water forecast using the past three year average flows plus an anticipated growth
factor. Despite above average growth for the Region in recent years the flow estimates
are still volatile and are dependent on weather conditions. The resulting estimate for
2021 is an overall volume consistent with the amount used for the 2020 budget. An
overview of the water trends and related risk is outlined in more detail in Appendix 3.
The proposed variable water rate increase is $0.009 (1.53%) (2020 = $0.602) which is
attributed only to the budget increase. Any variation in water flows that result from
COVID-19 will be mitigated at 2021 year-end with Safe Restart funding held in the
taxpayer relief reserve.
Table 5 – Variable Water Rate for 2021 Net Budget
2021 Variable Water Rate
Variable Allocation
(75% x $46,656,372) $34,992,279
2021 Water Flow Forecast (m3) 57,250,000
Variable Rate ($/m3) $0.611
Page 827 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 11
______________________________________________________________________
Wastewater Requisition
The wastewater net requisition is recovered 100% from fixed monthly requisitions to the
local municipalities, apportioned based on the historical three year average flows. The
annual amount is divided by twelve to determine the monthly charge to each of the
serviced LAMs starting January 1, 2021. The historical wastewater flows and
apportionments are included in Appendix 4 as well as the comparison of the fixed
wastewater requisition amount between 2020 and 2021 for each LAM. Table 6 provides
the fixed amounts to be billed to each LAM based on the above methodology.
Table 6 – Fixed wastewater Requisition for 2021 Net Budget
Municipality 3-Year
Avg. (%)
Allocation
($)
Monthly
($)
Fort Erie 10.39% $8,184,943 $682,079
Grimsby 4.63% $3,643,091 $303,591
Lincoln 3.82% $3,010,169 $250,847
Niagara Falls 18.76% $14,775,188 $1,231,266
Niagara-on-the-Lake 4.05% $3,188,847 $265,737
Pelham 1.84% $1,449,600 $120,800
Port Colborne 6.06% $4,771,502 $397,625
St. Catharines 29.06% $22,884,473 $1,907,039
Thorold 5.24% $4,126,205 $343,850
Welland 14.45% $11,376,462 $948,038
West Lincoln 1.69% $1,333,840 $111,153
Total 100.00% $78,744,320 $6,562,027
Table 6 – Fixed wastewater Requisition for 2021 Net Budget -REVISED
Municipality 3-Year
Avg. (%)
Allocation
($)
Monthly
($)
Fort Erie 10.25% $8,073,792 $672,816
Grimsby 4.40% $3,463,418 $288,618
Lincoln 3.84% $3,027,278 $252,273
Niagara Falls 18.70% $14,728,945 $1,227,412
Niagara-on-the-Lake 4.06% $3,193,230 $266,103
Pelham 1.83% $1,442,578 $120,215
Port Colborne 6.10% $4,805,270 $400,439
St. Catharines 29.20% $22,996,058 $1,916,338
Thorold 5.30% $4,173,480 $347,790
Page 828 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 12
______________________________________________________________________
Municipality 3-Year
Avg. (%)
Allocation
($)
Monthly
($)
Welland 14.57% $11,476,001 $956,333
West Lincoln 1.73% $1,364,268 $113,689
Total 100.00% $78,744,319 $6,562,027
As per Council’s approved cost recovery methodology, the 2021 monthly Wastewater
charges will include reconciliation of the 2019 Wastewater requisition payments.
Municipal 2019 rebates or charges will be based on their respective share of actual
flows versus the estimated share used to initially allocate the 2019 charges. This
reconciliation results in a total of $1,944,713 in payments to, and $1,944,713 in rebates
from, the local municipalities. Tables outlining the calculation of the reconciliation have
been included as Appendix 5, and the total charge including the 2021 requisition and
2019 reconciliation by local municipality has been included as Appendix 6.
Table 7 – Wastewater Reconciliation for 2019 included in 2021 Requisition
Municipality Reconciliation
($)
Monthly
Rebate ($)
Monthly
Payment
($)
Fort Erie (298,910) (24,909)
Grimsby (246,320) (20,527)
Lincoln (65,291) (5,441)
Niagara Falls (1,272,205) (106,017)
Niagara-on-the-Lake 62,552 5,213
Pelham (61,986) (5,165)
Port Colborne 381,960 31,830
St. Catharines 661,502 55,125
Thorold 450,909 37,576
Welland 311,092 25,924
West Lincoln 76,697 6,391
Total (0) (162,059) 162,059
Risks & Opportunities
• Water/wastewater flows are weather dependant and therefore subject to
fluctuations that are outside the Region’s control.
• COVID-19 has also caused reductions in water flows. Any variation in water
flows as a result of COVID-19 will be offset at year-end 2021 with Safe Restart
funding (taxpayer relief reserve).
Page 829 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 13
______________________________________________________________________
• Unanticipated equipment and underground infrastructure failure may impact
operating expenditures.
• Although additional capital financing has been included in the 2021 water and
wastewater operational budget it is short of the SDWA financial plan
recommended combined increase of 5.15%. This planned reduction in capital
financing limits financial flexibility until the budget fully addresses the asset
management plan/SDWA.
Alternatives Reviewed
Council may approve an additional increase of 3.15% over 2020 to maintain the
previously adopted SDWA Financial Plan for a combined aggregate increase of 5.15%.
This alternative is NOT RECOMMENDED but would be supported by Staff if Council
direction is provided. This increase would generate an additional $3.9 million in funds
for 2021 that could be used to maintain the program mitigations (including the CSO
program) and further enhance infrastructure funding.
Relationship to Council Strategic Priorities
The 2021 Water and Wastewater proposed budgets support Council’s strategic
priorities of organizational excellence, by meeting or exceeding legislative requirements
and having 42% of the total program costs related to infrastructure renewal and
replacement.
Other Pertinent Reports
CSD 21-2017 Asset Management Plan
PDS 37-2016 Niagara 2041 Growth Strategy – Local Municipal Growth Allocations
PW 22 -2017 2016 Water & Wastewater Master Servicing Plan Update
PW 5-2019 Safe Drinking Water Act Financial
PW 39 -2020 South Niagara Falls WWTP Update
________________________________
Prepared by:
Helen Chamberlain, CPA, CA
Director, Financial Planning &
Planning/Deputy Treasurer
_______________________________
Recommended by:
Todd Harrison, CPA, CMA
Commissioner/Treasurer
Corporate Services
Page 830 of 947
CSD 65-2020 - REVISED
November 26, 2020
Page 14
______________________________________________________________________
________________________________
Submitted by:
Ron Tripp, P.Eng.
Acting Chief Administrative Officer
This report was prepared by Rob Fleming, Senior Tax & Revenue Analyst, in
consultation with Pamela Hamilton, Program Financial Specialist and Reviewed by
Carrie Sportel, Supervisor, Corporate Budgets, Margaret Murphy, Associate Director,
Budget Planning & Strategy, and Bruce Zvaniga, Interim Commissioner, Public Works.
Appendices
Appendix 1 2021 Wastewater Capital Projects Funded with SNF WWTP Operating
and Debt Charge Budget Amounts
Appendix 2 Water Flows and Fixed Water Requisition by Local Area
Municipality - REVISED
Appendix 3 Water Volume Analysis
Appendix 4 Wastewater Flows and Fixed Wastewater Requisition by Local
Area Municipality - REVISED
Appendix 5 2019 By-law Wastewater Reconciliation
Appendix 6 Fixed Wastewater Requisition including Reconciliation by Local
Area Municipality - REVISED
Appendix 7 2021 Water and Wastewater Schedule of Revenues and Expenditures
by Object of Expenditure
Page 831 of 947
CSD 65-2020 - REVISED
Appendix 1
November 26, 2020
2021 Wastewater Capital Projects Funded with SNF WWTP Operating and Debt
Charge Budget Amounts
Mill St. Area Sanitary Improvements - $825,000
East Side Pump Station Forcemain Replacement - $1,500,000
Laboratory and Sampling Equipment Upgrade Program - $100,000
Campden Pump Station Upgrades - $1,200,000
Rolling Acres Pump Station Upgrades and Forcemain replacement - $300,000
George Street SPS Upgrade - $2,600,000
Spring Gardens Pumping Station Upgrades and Forcemain Replacement -
$350,000
Royal Manor Pump Station Upgrades and Forcemain Replacement - $300,000
Nickel St Pumping Station Upgrades - $300,000
Fares St Pumping Station Upgrades - $300,000
Arena Pumping Station Upgrades - $300,000
Region Wide Sludge Septic Haulage Program - $1,000,000
Nigh Rd Pumping Station Upgrade - $300,000
Page 832 of 947
CSD 65-2020 - REVISED
Appendix 2
November 26, 2020
Table 1 - Water Flows by Municipality
Megalitres %Megalitres %
Fort Erie 4,686 8.06%4,355 7.63%
Grimsby 3,258 5.60%3,094 5.42%
Lincoln 2,315 3.98%2,361 4.13%
Niagara Falls 15,424 26.53%14,471 25.35%
Niagara-on-the-Lake 3,147 5.41%3,235 5.67%
Pelham 1,266 2.18%1,283 2.25%
Port Colborne 3,093 5.32%2,886 5.05%
St. Catharines 15,350 26.41%15,213 26.65%
Thorold 2,076 3.57%2,134 3.74%
Welland 6,653 11.45%7,091 12.42%
West Lincoln 862 1.48%972 1.70%
Total 58,130 100%57,096 100%
Table 1 - Water Flows by Municipality - REVISED
Megalitres % Megalitres %
Fort Erie 4,478 7.84%4,308 7.58%
Grimsby 3,027 5.30%3,106 5.46%
Lincoln 2,254 3.94%2,365 4.16%
Niagara Falls 14,989 26.23%14,370 25.27%
Niagara-on-the-Lake 3,105 5.43%3,259 5.73%
Pelham 1,178 2.06%1,278 2.25%
Port Colborne 3,037 5.31%2,873 5.05%
St. Catharines 15,148 26.51%15,099 26.55%
Thorold 2,127 3.72%2,152 3.78%
Welland 6,932 12.13%7,062 12.42%
West Lincoln 874 1.53%988 1.74%
Total 57,149 100%56,860 100%
Water Flows and Fixed Water Requsition by Local Area Municipality
Municipality
3-Year Avg. per 2020
By-law
3-Year Avg. per 2021
By-law
Municipality
3-Year Avg. per 2020
By-law
3-Year Avg. per 2021
By-law
Page 833 of 947
CSD 65-2020 - REVISED
Appendix 2
November 26, 2020
Table 2 - Fixed Water Requsition by Municipality
$000s %
Fort Erie 900 890 (10)-1.11%
Grimsby 608 632 24 3.94%
Lincoln 453 482 30 6.52%
Niagara Falls 3,011 2,956 (55)-1.82%
Niagara-on-the-Lake 624 661 37 5.95%
Pelham 237 262 26 10.78%
Port Colborne 610 590 (20)-3.35%
St. Catharines 3,043 3,108 65 2.14%
Thorold 427 436 9 2.06%
Welland 1,393 1,449 56 4.03%
West Lincoln 176 199 23 13.11%
Total 11,480 11,665 184 1.60%
Table 2 - Fixed Water Requsition by Municipality - REVISED
$000s %
Fort Erie 900 884 (16) -1.76%
Grimsby 608 637 29 4.78%
Lincoln 453 485 32 7.15%
Niagara Falls 3,011 2,948 (63) -2.10%
Niagara-on-the-Lake 624 669 45 7.20%
Pelham 237 262 26 10.79%
Port Colborne 610 589 (21) -3.38%
St. Catharines 3,043 3,097 54 1.79%
Thorold 427 441 14 3.32%
Welland 1,393 1,449 56 4.03%
West Lincoln 176 203 27 15.46%
Total 11,480 11,664 184 1.60%
Municipality
Fixed Requisition
2020
($000)
2021
($000)
Municipality
Fixed Requisition
2020
($000)
2021
($000)
Difference
Difference
Page 834 of 947
CSD 65-2020 - REVISED
Appendix 3
November 26, 2020
Water Volume Analysis
The 2020 actual flows are estimate to finish the year approximately 1.3% lower than project
flows. The forecasted water usage in 2020 is estimated to total to 56,506 ML.
The water volume forecast for 2021 has been prepared giving consideration to historical trends
and current considerations.
The volume forecast for 2021 is above the 3-year calendar average of 57,069 ML and below the
5-year average of 57,399 ML. This includes 2018 which were more typical summer weather
years. 2016 experienced drought conditions during the summer. 2017 and 2019 experienced
very wet summers. The 2020 flows are impacts by a dry summer and COVID-19 shutdowns. The
2021 estimate reflects no change over previous year's projection.
COVID-19 volitility may continue into 2021. Any variation in flow as a result of COVID-19 that has
a negative impact on variable water revenuew will be mitigated with Provicial Safe Restart
funding.
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Projected Flows for Rate Setting 59,028 59,067 59,067 58,613 57,000 57,000 57,000 57,250 57,250 57,250
Actual Flows 60,486 56,896 56,474 57,622 58,800 56,986 58,491 56,210 56,506
54,000
55,000
56,000
57,000
58,000
59,000
60,000
61,000
Cubic Metres (000's)Page 835 of 947
CSD 65-2020 - REVISED
Appendix 4
November 26, 2020
Table 1 - Wastewater Flows by Municipality
Megalitres %Megalitres %
Fort Erie 7,931 10.44%7,679 10.39%
Grimsby 3,688 4.86%3,418 4.63%
Lincoln 2,907 3.83%2,824 3.82%
Niagara Falls 14,901 19.62%13,861 18.76%
Niagara-on-the-Lake 3,141 4.14%2,992 4.05%
Pelham 1,360 1.79%1,360 1.84%
Port Colborne 4,480 5.90%4,476 6.06%
St. Catharines 21,608 28.45%21,469 29.06%
Thorold 3,845 5.06%3,871 5.24%
Welland 10,858 14.30%10,673 14.45%
West Lincoln 1,220 1.61%1,251 1.69%
Total 75,938 100%73,874 100%
Table 1 - Wastewater Flows by Municipality - REVISED
Megalitres % Megalitres %
Fort Erie 7,931 10.44% 7,712 10.25%
Grimsby 3,688 4.86% 3,308 4.40%
Lincoln 2,907 3.83% 2,892 3.84%
Niagara Falls 14,901 19.62% 14,069 18.70%
Niagara-on-the-Lake 3,141 4.14% 3,050 4.06%
Pelham 1,360 1.79% 1,378 1.83%
Port Colborne 4,480 5.90% 4,590 6.10%
St. Catharines 21,608 28.45% 21,966 29.20%
Thorold 3,845 5.06% 3,987 5.30%
Welland 10,858 14.30% 10,962 14.57%
West Lincoln 1,220 1.61% 1,303 1.73%
Total 75,938 100% 75,218 100%
Wastewater Flows and Fixed Requisitoin By Local Area Municipality
Municipality
3-Year Avg. per 2020 By-
law
3-Year Avg. per 2021
By-law
Municipality
3-Year Avg. per 2020 By-
law
3-Year Avg. per 2021
By-law
Page 836 of 947
CSD 65-2020 - REVISED
Appendix 4
November 26, 2020
Tables 2 - Fixed Wastewater Requsition by Municipality
$000s %
Fort Erie 8,044 8,185 141 1.75%
Grimsby 3,740 3,643 (97)-2.60%
Lincoln 2,949 3,010 61 2.09%
Niagara Falls 15,114 14,775 (338)-2.24%
Niagara-on-the-Lake 3,185 3,189 3 0.11%
Pelham 1,379 1,450 71 5.12%
Port Colborne 4,544 4,772 227 5.00%
St. Catharines 21,916 22,884 968 4.42%
Thorold 3,900 4,126 226 5.81%
Welland 11,012 11,376 364 3.31%
West Lincoln 1,238 1,334 96 7.78%
Total 77,021 78,744 1,724 2.24%
Tables 2 - Fixed Wastewater Requsition by Municipality - REVISED
$000s %
Fort Erie 8,044 8,074 30 0.37%
Grimsby 3,740 3,463 (277) -7.40%
Lincoln 2,949 3,027 79 2.67%
Niagara Falls 15,114 14,729 (385) -2.54%
Niagara-on-the-Lake 3,185 3,193 8 0.25%
Pelham 1,379 1,443 64 4.61%
Port Colborne 4,544 4,805 261 5.75%
St. Catharines 21,916 22,996 1,080 4.93%
Thorold 3,900 4,173 274 7.02%
Welland 11,012 11,476 464 4.21%
West Lincoln 1,238 1,364 127 10.24%
Total 77,021 78,744 1,724 2.24%
Municipality
Fixed Requisition
2020
($000)
2021
($000)
Difference
Municipality
Fixed Requisition
2020
($000)
2021
($000)
Difference
Page 837 of 947
CSD 65-2020 - REVISED
Appendix 5
November 26, 2020
Municipality Prior 3-Yr Avg 2019 By-Law Period
Actual Flows1
Fort Erie 7,348 7,931
Grimsby 3,216 3,345
Lincoln 2,745 3,013
Niagara Falls 14,247 14,624
Niagara-on-the-Lake 2,864 3,286
Pelham 1,309 1,404
Port Colborne 3,944 4,846
St. Catharines 20,064 23,261
Thorold 3,420 4,333
Welland 10,025 11,602
West Lincoln 1,125 1,348
Total 70,306 78,992
Municipality Prior 3-Yr Avg 2019 By-Law Period
Actual Flows1 Difference
Fort Erie 10.5% 10.0% -0.4%
Grimsby 4.6% 4.2% -0.3%
Lincoln 3.9% 3.8% -0.1%
Niagara Falls 20.3% 18.5% -1.8%
Niagara-on-the-Lake 4.1% 4.2% 0.1%
Pelham 1.9% 1.8% -0.1%
Port Colborne 5.6% 6.1% 0.5%
St. Catharines 28.5% 29.4% 0.9%
Thorold 4.9% 5.5% 0.6%
Welland 14.3% 14.7% 0.4%
West Lincoln 1.6% 1.7% 0.1%
Total 100.0%100.0%0.0%
Municipality 2019 By-Law
Charges1,2
Charges Based on
Actual Flows1
Underpayment/
(Overpayment)3
Fort Erie 7,596$ 7,297$ (299)$
Grimsby 3,324 3,078 (246)
Lincoln 2,837 2,772 (65)
Niagara Falls 14,728 13,455 (1,272)
Niagara-on-the-Lake 2,961 3,023 63
Pelham 1,354 1,292 (62)
Port Colborne 4,077 4,459 382
St. Catharines 20,741 21,402 662
Thorold 3,536 3,986 451
W elland 10,363 10,675 311
W est Lincoln 1,163 1,240 77
Total 72,680$72,680$(0)$
Sum of Overpayment:(1,944,714)
Percentage of Requisition 2.68%
Notes:
2019 By-law Wastewater Reconciliation
2. Charges paid excluded payments made/rebates received for 2017 reconciliation.
3. Underpayments/(Overpayments) based on comparing 2 difference allocation methodologies
(3-yr average vs. actual flows during By-law period).
Wastewater Flows (Mega Litres)
Wastewater Fixed Allocation Percentages
Wastewater Fixed Allocation charge ($000)
1. 2019 By-Law period consists of the 12 month period from January 2019 to December 2019
Page 838 of 947
CSD 65-2020 - REVISED
Appendix 6
November 26, 2020
2020
By-Law
2021
By-Law
2020
(2018 Rec.)
2021
(2019 Rec.)
2020
By-Law
2021
By-Law
($000)($000)($000)($000)($000)($000)($000)%
Fort Erie 8,044 8,185 (190)(299)7,854 7,886 32 0.40%
Grimsby 3,740 3,643 73 (246)3,813 3,397 (416)-10.92%
Lincoln 2,949 3,010 23 (65)2,972 2,945 (27)-0.91%
Niagara Falls 15,114 14,775 (711)(1,272)14,402 13,503 (899)-6.24%
Niagara-on-the-Lake 3,185 3,189 115 63 3,300 3,251 (49)-1.48%
Pelham 1,379 1,450 (84)(62)1,295 1,388 92 7.11%
Port Colborne 4,544 4,772 160 382 4,704 5,153 449 9.55%
St. Catharines 21,916 22,884 448 662 22,364 23,546 1,182 5.28%
Thorold 3,900 4,126 301 451 4,200 4,577 377 8.97%
Welland 11,012 11,376 (192)311 10,820 11,688 868 8.02%
West Lincoln 1,238 1,334 57 77 1,294 1,411 116 8.99%
Total 77,021 78,744 --77,021 78,744 1,724 2.24%
2020
By-Law
2021
By-Law
2020
(2018 Rec.)
2021
(2019 Rec.)
2020
By-Law
2021
By-Law
($000)($000)($000)($000)($000)($000)($000)%
Fort Erie 8,044 8,074 (190) (299) 7,854 7,775 (79) -1.01%
Grimsby 3,740 3,463 73 (246) 3,813 3,217 (596) -15.63%
Lincoln 2,949 3,027 23 (65) 2,972 2,962 (10) -0.33%
Niagara Falls 15,114 14,729 (711) (1,272) 14,402 13,457 (946) -6.57%
Niagara-on-the-Lake 3,185 3,193 115 63 3,300 3,256 (44) -1.35%
Pelham 1,379 1,443 (84) (62) 1,295 1,381 85 6.57%
Port Colborne 4,544 4,805 160 382 4,704 5,187 483 10.27%
St. Catharines 21,916 22,996 448 662 22,364 23,658 1,293 5.78%
Thorold 3,900 4,173 301 451 4,200 4,624 424 10.09%
Welland 11,012 11,476 (192) 311 10,820 11,787 967 8.94%
West Lincoln 1,238 1,364 57 77 1,294 1,441 147 11.34%
Total 77,021 78,744 - - 77,021 78,744 1,724 2.24%
Municipality
Fixed Wastewater Requisition Including Reconciliation by Municipality Comparison
Requisition Reconciliation Payment
/ (Refund)
Total Charge
(Requisition + Reconciliation)
Difference
Fixed Wastewater Requisition Including Reconciliation by Municipality Comparison - REVISED
Municipality
Requisition Reconciliation Payment
/ (Refund)
Total Charge
(Requisition + Reconciliation)
Difference
Page 839 of 947
CSD 65-2020 - REVISEDAppendix 7November 26, 2020Object of Expenditure2020 Water Budget Total ($)2020 Wastewater Budget Total ($)2020 Combined Total ($)2021 Water Budget Total ($)2021 Wastewater Budget Total ($)2021 Combined Total ($)Combined Total Variance ($)Total Combined Variance (%)NoteA_40000AB Compensation7,954,489 10,773,458 18,727,947 7,672,587 10,588,464 18,261,051 (466,896)(2.5%) (1)A_41000AB Administrative594,726742,9551,337,681492,1961,086,6651,578,861241,18018.0% (2)A_44000AB Operational & Supply1,759,425 10,854,079 12,613,5042,078,986 11,499,124 13,578,110964,6067.6% (3)A_50000AB Occupancy & Infrastructure5,639,309 11,340,226 16,979,5355,999,040 12,032,768 18,031,8081,052,2736.2% (4), (5)A_52000AB Equipment, Vehicles, Technology1,175,5153,301,0334,476,5481,157,1433,129,0634,286,206(190,342)(4.3%) (5)A_56000AB Partnership, Rebate, Exemption10,0004,000,0004,010,00010,0002,000,0002,010,000 (2,000,000)(49.9%) (6)A_75100AC Transfers To Funds19,786,216 20,962,502 40,748,718 20,698,763 17,539,843 38,238,606 (2,510,112)(6.2%) (7)A_60000AC Allocation Between Departments629,912862,8011,492,713610,620913,0761,523,69630,9832.1% (8)A_60260AC Allocation Within Departments4,164,9146,503,657 10,668,5714,204,3796,664,250 10,868,629200,0581.9% (8)Gross Expenditure Subtotal41,714,50669,340,712111,055,21742,923,71465,453,253108,376,967(2,678,250)(2.4%)A_30000AB Taxation(45,920,957) (77,020,694) (122,941,651) (46,656,372) (78,744,319) (125,400,691) (2,459,040)2.0%A_32400AB By-Law Charges & Sales(12,000) (1,409,278) (1,421,278) (12,000) (1,505,443) (1,517,443) (96,165)6.8%A_34950AB Other Revenue(367,663) (2,074,294) (2,441,957)(339,663) (1,066,894) (1,406,557)1,035,400(42.4%) (6)A_75000AC Transfers From Funds---(30,950)(92,900)(123,850) (123,850)- (9)Gross Revenue Subtotal(46,300,620) (80,504,266) (126,804,886)(47,038,985) (81,409,556) (128,448,541)(1,643,655)1.3%Net Expenditure (revenue) before indirect allocations(4,586,114) (11,163,555) (15,749,669) (4,115,271) (15,956,303) (20,071,574) (4,321,905)27.4%A_70000AC Indirect Allocation1,942,5662,879,9534,822,5191,766,5983,205,9144,972,512149,9933.1%A_70200AC Capital Financing Allocation2,643,5488,283,602 10,927,1502,348,673 12,750,389 15,099,0624,171,91238.2% (7)Allocation Subtotal4,586,11411,163,55515,749,6694,115,271 15,956,30320,071,5744,321,90527.4%Net Expenditure (revenue) after indirect allocations00000000Notes:(3) Includes pressures related to chemicals of $0.5M and Bio-solid of $0.2M.(4) Includes pressures related to utilities of $0.8M and property taxes of $0.3M less utilities rebate of $(0.4M).(6) Includes 1/2 deferral of the 2021 CSO funding of $(2M). Corresponding decrease in Development Charge revenue of $1M.(7) Includes base capital financing increase of $0.5M, enhanced capital financing of $1.2M and impacts of SNF WWTP with net impact of $0. (8) Includes pressure related to business support/department allocation (i.e., self supported operations) of $0.2M.(9) Safe Restart Funding of $0.1M to offset COVID-19 related expenditures.(5) Includes decrease in R&M of $(0.2M).(1) Includes compensation pressure for existing water/wastewater staff complement of $0.1M less mitigation impacts of student positon deferrals, waterfestival/wagon deferral and salary gapping totaling $(0.5M).(2) Includes external legal pressure of $0.3M less impacts by waterfestival/wagon deferral $(0.1M) .Page 840 of 947
Page 841 of 947
Page 842 of 947
Page 843 of 947
Page 844 of 947
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
December 18, 2020
CL 23-2020, December 17, 2020
CSC 11-2020, December 9, 2020
CSD 49-2020, December 9, 2020
Local Area Municipalities
SENT ELECTRONICALLY
RE: Policy for Timing of Development Charge Calculation, Installment and
Interest for the Purpose of section 26.1 and 26.2 of the Development
Charges Act
Regional Council, at its meeting of December 17, 2020, approved the following
recommendation of its Corporate Services Committee:
That Report CSD 49-2020, dated December 9, 2020, respecting Policy for Timing of
Development Charge Calculation, Installment and Interest for the Purpose of section
26.1 and 26.2 of the Development Charges Act, BE RECEIVED and the following
recommendations BE APPROVED:
1. That the Timing of Development Charge Calculation, Installment and Interest Policy
for the Purposes of Sections 26.1 & 26.2 of the Development Charge Act as
included as Appendix 1 of Report CSD 49-2020, BE APPROVED;
2. That a $550 administration fee for payment defaults under section 26.1 of the
Development Charges Act BE APPROVED for inclusion in the 2021 Fees and
Charges By-law; and
3. That Report CSD 49-2020 BE CIRCULATED to the Local Area Municipalities
including Area Treasurers, Planners, Chief Building Officials and Economic
Development (Team Niagara) for information and action as required.
A copy of Report CSD 49-2020 is attached for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
:kl
CLK-C 2020-227
cc: H. Chamberlain, Director, Financial Management & Planning/Deputy Treasurer
T. Harrison, Commissioner/Treasurer, Corporate Services
Page 845 of 947
CSD 49-2020
December 9, 2020
Page 1
Subject: Policy for Timing of Development Charge Calculation, Installment and
Interest for the Purpose of section 26.1 and 26.2 of the Development Charges
Act
Report to: Corporate Services Committee
Report date: Wednesday, December 9, 2020
Recommendations
1. That the Timing of Development Charge Calculation, Instal1ment and Interest Policy
for the Purposes of Sections 26.1 & 26.2 of the Development Charge Act as
included as Appendix 1 of Report CSD 49-2020, BE APPROVED;
2. That a $550 administration fee for payment defaults under section 26.1 of the
Development Charges Act BE APPROVED for inclusion in the 2021 Fees and
Charges By-law; and
3. That Report CSD 49-2020 BE CIRCULATED to the Local Area Municipalities
including Area Treasurers, Planners, Chief Building Officials and Economic
Development (Team Niagara) for information and action as required.
Key Facts
• The purpose of the report is to seek Council approval on the proposed policy for
timing of development charge calculation, development charge installments and
interest for the purpose of section 26.1 and 26.2 of the Development Charges Act
(DCA).
• Section 26.1 and 26.2 of the DCA came into effect on January 1, 2020 when Bill 138
received royal assent on December 10, 2019.
• Section 26.1 of the DCA established that development charges for certain types of
developments are payable in installments over certain periods of time with the first
installment due on building occupancy:
o Institutional developments and rental housing (that is not non profit) – 6
annual installments
o Non-profit housing development – 21 annual installments
• Section 26.2 of the DCA established guidelines for determining the calculation date
for development charges payable. Under this section the calculation date is the
earlier of:
Page 846 of 947
CSD 49-2020
December 9, 2020
Page 2
______________________________________________________________________
o The date of an application for a site plan control area, or
o If there is no such application, the date of an application for zoning by-laws, or
o If neither of these applications have been made, the charge will continue to
be determined at the time of building permit issuance.
• Under section 26.2 of the DCA, upon approval of one of the aforementioned
planning applications, developers have a maximum of two years in which a building
permit must be issued and the development charges paid at these frozen rates or
the rates will continue to be calculated at the time of permit issuance.
• Section 26.2 of the DCA only applies to applications that were submitted on or after
January 1, 2020.
• Both Section 26.1 and 26.2 allows an annual interest rate to be applied to both the
installments and frozen rates. Included as part of the accompanying Procedure, staff
are proposing the rate be set at 5% (with exemptions aligned with Regional Incentive
Pillars).
• Extensive engagement occurred with the Local Area Municipalities in September
2020 including the Area Treasurers, Planners, Chief Building Officials and Economic
Development (Team Niagara) for input and comments on the proposed Policy. The
Area Treasurers were supportive of the proposed Policy and associated interest
rate.
Financial Considerations
Changes to the Development Charge Act (DCA) under Bill 108 are effective January 1,
2020 and this policy is meant to formalize the process for Regional development charge
(RDC) calculation and installments for eligible development types.
The interest rate that is proposed for certain development types is intended to offset the
Region’s opportunity cost of providing the development charge rate freeze and
installments as proposed under the section 26.1 and 26.2 of the DCA. The interest that
will be generated from this policy will be fully allocated to the RDC reserves on a
prorated basis.
Staff are also proposing a $550 administration fee in the event of default of payment
under the section 26.1 installment plans. This $550 fee is intend to offset the staff time
required to remedy the default which may include adding any outstanding installment
amounts to the tax roll of the property. This fee is consistent with the existing fee for
development charge agreements and will not be allocated to the RDC reserves but
allocated to the appropriate operating revenue account to offset any expenditures
incurred.
Page 847 of 947
CSD 49-2020
December 9, 2020
Page 3
______________________________________________________________________
Analysis
On December 10, 2019, Provincial Bill 138 “Plan to Build Ontario Together, 2019”
received Royal Assent. This Bill amended and repealed various statues including some
of the previously introduced articles of Bill 108 from earlier in 2019. As a result, effective
January 1, 2020 certain changes to the DCA under sections 26.1 and 26.2 came into
force. These changes effect all municipalities in Ontario that have a development
charge by-law. Those sections amended the DCA and changed the timing of the
determination and payment of DCs in certain circumstances. Both section 26.1 and 26.2
are discussed below in detail under separate headings. As a result of the changes to
the DCA under section 26.1 and 26.2 staff are recommending that the Region
implement a Policy to provide greater clarification on the changes for the development
community as well as establish an interest rate as permitted under the DCA for the rate
freeze and installment payment plans. The Policy can be found in Appendix 1 of this
Report.
DC Installment Payments under Section 26.1 of the DCA
Section 26.1 was added to the DCA to allow DCs for rental housing (that is not non-
profit) and institutional developments to be payable in six (6) equal annual installments
and DCs for non-profit housing developments payable in 21 equal annual installments.
The first installment payment would occur on the date of issuance of the occupancy
permit or occupancy of the building, whichever is earlier, with the subsequent
installments occurring annually on the anniversary date of when the first installment was
payable. Under the provisions of this section, the Province has provided that an interest
rate can be charged on the amount of RDCs eligible for the installments.
Rate Freeze under Section 26.2 of the DCA (Calculation Date)
Section 26.2 was added to the DCA to set out rules for when the amount of a DC is
determined. The calculation of DCs will now be based on:
(a) The date of an application for a site plan control area, or
(b) If there is no such application, the date of an application for zoning by-laws, or
(c) If neither of these applications have been made, the charge will continue to be
determined at the time of building permit issuance.
The DCs are effectively frozen at the DC rate in effect at the time of submission of a
complete Site Plan or Zoning By-Law Amendment application. Upon approval of the
Page 848 of 947
CSD 49-2020
December 9, 2020
Page 4
______________________________________________________________________
application, developers have a maximum of two years in which a building permit must
be issued and the development charges paid at these frozen rates. If the two year time
period has elapsed, then the rate continues to be determined at the rate in effect at the
time of building permit issuance. It is noted that these provisions are only applicable to
developments for which Site Plan and Zoning By-law Amendment planning applications
were submitted on or after January 1, 2020.
Interest on Development Charges
Where RDCs are payable in installments or the charges are determined at the time of
Site Plan or Zoning By-Law Amendment planning application, the municipality may
charge interest on the RDC payment. The interest period for installment payments is
from the date of building permit issuance to the date of RDC payment, and for Site Plan
and Zoning By-Law Amendment applications, from the date of the planning application
to the date of RDC payment. Unpaid RDCs, including interest payable, can be added to
the tax roll under the revisions to the DCA if not paid.
For the purpose of applying interest, staff are recommending an annual rate of 5% non-
compounding that is included in the procedure. This rate will be utilized for both section
26.1 and 26.2 interest provisions of the DCA. Should the Province prescribe a maximum
interest rate in the future, the interest rate that has been adopted may need to be
revised in the procedure document. Authority to amend the interest rate is proposed to
be delegated to the Treasurer in the draft Policy. Staff also undertook a review of other
interest policies that have been approved by other municipalities. Summaries of the
rates can be found below in Appendix 2 of this report. Many municipalities adopted a
similar rate to that being recommended for Niagara. This review also emphasized the
importance of utilizing an interest rate that is simplistic to interpret and has some
consistency from year-to-year. Other municipalities reviewed adopted more complex
interest rate determination methodologies, which would cause additional administrative
complexities.
Staff have also reviewed various interest exemptions and are proposing to implement a
0% interest rate for both section 26.1 and 26.2 of the DCA for certain development
types in alignment with Region’s Incentive program priority pillars. This 0% interest
charge would be applicable for Non-profit housing development types only as this
development type supports the incentive pillar of Affordable Housing. The other
development types which are institutional (i.e., LTC/Retirement Homes, Post-Secondary
Institutions, Royal Canadian Legion, and Hospices) and not non-profit housing would
remain subject to the interest rate of 5%.
Page 849 of 947
CSD 49-2020
December 9, 2020
Page 5
______________________________________________________________________
Local Feedback
An overview of the new legislation and a draft policy was presented to the Chief Building
Officials, Economic Development (Team Niagara) and Area Treasurers groups with a
copy distributed to the Area Planners for feedback. From these groups the Region
received some suggestions for improvement to the draft Policy which were
incorporated. The Area Treasurers were supportive of the proposed policy including the
interest rate and exemptions.
Alternatives Reviewed
Council may elect not to approve the proposed policy, which is NOT RECOMMENDED.
This policy with assist in creating a clear guideline for the Regional administration of
section 26.1 and 26.2 of the DCA.
Relationship to Council Strategic Priorities
This policy will address the following Council objectives:
• Fiscally sustainability
• Addressing affordable housing needs
Other Pertinent Reports
• PDS 26-2019 Implications of Bill 108: More Homes, More Choice Act, 2019
• PDS 28-2019 Bill 108 – proposed transition regulation materials relating to the
Planning Act, 1990 and Development Charges Act, 1997
• CSC-C 13-2020 Bill 197 – Changes to the Development Charges and Planning Act
(Community Benefit Charge)
________________________________
Prepared by:
Helen Chamberlain, CPA, CA
Director, Financial Management &
Planning/Deputy Treasurer
Corporate Services
_______________________________
Recommended by:
Todd Harrison, CPA, CMA
Commissioner/Treasurer
Corporate Services
Page 850 of 947
CSD 49-2020
December 9, 2020
Page 6
______________________________________________________________________
________________________________
Submitted by:
Ron Tripp, P.Eng.
Acting Chief Administrative Officer
This report was prepared in consultation with Rob Fleming, Senior Tax & Revenue
Analyst, and reviewed by Margaret Murphy, Associate Director, Budget Planning &
Strategy.
Appendices
Appendix 1 Timing of Development Charge Calculation, Instalment and Interest
Policy for the Purposes of Sections 26.1 and 26.2 of the
Development Charge Act Policy
Appendix 2 Summary of Interest Rates Adopted by Other Municipalities
Page 851 of 947
Corporate Policy C-XXX-000
Policy Category Name of Policy
Financial Timing for Development Charge Calculation,
Instalment and Interest Policy for the Purposes of
Sections 26.1 & 26.2 of the Development Charge
Act
Page 1 of 8
Policy Owner Corporate Services, Financial Management & Planning, Associate Director,
Budget Planning & Strategy
Approval Body Council
Approval Date
Effective Date January 1, 2021
Review by Date Every five years or upon expiry of a Regional Development Charge By-law.
1.Legislative Framework – Calculation of Development Charges
1.1. Timing for Development Charge calculation amount under section 26.2 of the Act:
Under subsection 26.2 (1) of the Act, the total amount of a development charge (i.e.
rate) is determined under Niagara Region’s Development Charge Bylaw in effect on:
1.1.1. the day an application for an approval of development under subsection 41
(4) of the Planning Act was made, or
1.1.2. If clause 1.1.1 does not apply, the day an application for an amendment to a
bylaw passed under section 34 of the Planning Act was made, or
1.1.3. If neither clause 1.1.1 nor 1.1.2 applies, the date the development charges
would have been payable under section 26 of the Act which is no rmally
building permit issuance as per By-law 2017-98 unless permitted otherwise
through section 26.1 of the Development Charges Act .
1.2. By-law not in effect
Under subsection 26.2 (2) of the Act, subsection 26.1 (1) applies even if the by-law
under which the development charge would be determined is no longer in effect.
1.3. Interest under section 26.2 of the Act:
CSD 49-2020
DECEMBER 9, 2020, APPENDIX 1
Page 852 of 947
Corporate Policy C-XXX-000
Policy Category Name of Policy
Financial Timing for Development Charge Calculation,
Instalment and Interest Policy for the Purposes of
Sections 26.1 & 26.2 of the Development Charge
Act
Page 2 of 8
Under subsection 26.2 (3) of the Act, Niagara Region may charge interest on the
development charge, at a rate not exceeding the prescribed maximum interest rate,
from the date of the application referred to in clause 1.1.1 or 1.1.2 to the date the
development charge is payable.
1.4. Exception, prescribed amount of time elapsed
The dates as determined under sections 1.1.1 and 1.1.2 do not apply if:
1.4.1. any part of a development to which section 26.1 applies if, on the date the
first building permit is issued for the development, more than 2 years has
elapsed since the application referred to in clause 1.1.1 or 1.1.2 was
approved as defined in section 11.2 O. Reg. 82/98; or
2. Legislative Framework – Development Charge Installments
2.1. Installment Payments under section 26.1 of the Act and as defined in O.Reg 82/98.
Under subsections 26.1 (1), (2) and (3) of the Act, development charges shall be paid
in equal annual instalments, beginning at the earlier of first occupancy or occupancy
permit issuance date under the Building Code, Act, 1992 for:
2.1.1. Rental housing development that is not non-profit housing as defined under
section 11.1 (1) of O. Reg 82/98 as per section 3 (a) of the Act;
2.1.2. Institutional development as defined under section 11.1 (2) if O. Reg. 82/98
as per section 3 (a) of the Act; and
2.1.3. Non-profit housing development as defined under section 11.1 (3) of O. Reg.
82/98 as per section 3 (b) of the Act.
2.2. A non-profit housing development under 2.1.3 shall pay their first payment at
occupancy and the following 20 anniversaries after that date (21 equal payments).
2.3. Both a Rental housing development and institutional development as described under
2.1.1 and 2.1.2 shall pay their first payment at occupancy and the following five
anniversaries after that date (six equal payments).
2.4. All other development shall pay their development charges upon the issuance of a
building permit unless an early or late payment agreement has been entered into
under subsection 27 (1) of the Act.
2.5. Interest under section 26.1 of the Act:
Page 853 of 947
Corporate Policy C-XXX-000
Policy Category Name of Policy
Financial Timing for Development Charge Calculation,
Instalment and Interest Policy for the Purposes of
Sections 26.1 & 26.2 of the Development Charge
Act
Page 3 of 8
Subsection 26.1 (7) of the Act allows a municipality to charge interest on the
installments from the date the development charges would have been payable under
section 26 of the Act.
3. Policy
3.1. The application made date for the purposes of 1.1 of this Policy and 26.2 of the Act
shall be determined by the Local Area Municipality and provided to the Regio n as
information.
3.2. The applicant shall be notified of the Application Approval date for the purposes of
Section 26.2 of the DCA by the Local Area Municipality.
3.3. Application Appeal
Should any Local Area Municipality decision on the application(s) as noted under
section 1.1.1 and 1.1.2 be appealed, the Local Area Municipal decision will stand until
final resolution of the appeal.
3.3.1. Should a decision on an unapproved application be successfully appealed,
the application made date will apply to section 1.1.1 or 1.1.2 of this policy and
the application approval date shall be the date the appeal is approved.
3.3.2. Should a decision on an approved application be upheld, the application
made date will apply to section 1.1.1 or 1.1.2 of this policy and the application
approval date shall be the date the decision is upheld.
3.3.3. Should a decision on an approved application be successfully appealed or a
decision on an unapproved application be upheld, the application made date
will not apply to sections 1.1.1 and 1.1.2 of this policy.
3.4. Interest on Development Charges for Subsection 26.2 (3) of the Act
Interest will be charged at the rate established in the Procedure on the development
charge, from the date of the application referred to in clause 1.1.1 or 1.1.2 of this
policy, to the date the development charge is payable.
3.5. Final Determination of Total Payable Development Charges
On the day the development charge(s) is first payable, the final determination of the
total payable development charge(s) shall be made.
3.6. Transition
Page 854 of 947
Corporate Policy C-XXX-000
Policy Category Name of Policy
Financial Timing for Development Charge Calculation,
Instalment and Interest Policy for the Purposes of
Sections 26.1 & 26.2 of the Development Charge
Act
Page 4 of 8
Clauses 1.1.1 and 1.1.2 do not apply in the case of an application made before
January 1, 2020 as per subsection 26.2 (6) of the Act.
3.7. Acknowledgment Letter
For all eligible development under section 26.1 of the Act an Acknowledgement Letter
will be provided to the applicant / property owner at the time of building permit
issuance outlining the terms of the development charge annual installments as per the
Act and Region policy.
3.8. Notice of Occupancy
3.8.1. The person responsible to pay development charges shall notify bo th the
Local Area Municipality and Niagara Region in writing within five business
days of the building first being occupied unless an occupancy permit has
been issued by the Local Area Municipality for the purposes of section 26.1 of
the Act.
3.8.2. Under subjection 26.1 (6) of the Act, failure to comply with the occupancy
notice requirement under 3.8.1 will result in the development charge including
any interest payable becoming payable immediately.
3.8.3. If the person responsible to pay development charges receives an occupancy
permit issued by the Local Area Municipality, the Local Area Municipality must
notify the Niagara Region within five business days for the purposes of
section 26.1 of the Act.
3.9. Interest on Installments for Subsection 26.1 (7) of the Act
3.9.1. Interest will be charged on installments at the rate found in section 3.14 from
the date the development charge would have been payable in accordance
with section 26 of the Act and the Region’s Development Charge by-law.
3.10. Schedule of Installment Payments
3.10.1. Niagara Region will provide an Installment Payment Schedule to the person
required to pay development charges once notified of occupancy.
3.10.2. Acknowledgement of the Instalment Payment Schedule and the first
installment payment shall be due within 15 days of the Installment Payment
Schedule being provided. It will be the responsibility of the person responsible
to pay development charges to provide payment in a prompt and timely
Page 855 of 947
Corporate Policy C-XXX-000
Policy Category Name of Policy
Financial Timing for Development Charge Calculation,
Instalment and Interest Policy for the Purposes of
Sections 26.1 & 26.2 of the Development Charge
Act
Page 5 of 8
manner as per the schedule, no further notification of upcoming payments will
be given.
3.11. Development Charge Grants
For developments that are in receipt of a Regional development charge grant or
credit, the amount that shall be used for the purpose of determining installment
payments shall be the net amount of Regional development charges payable.
3.12. Termination of the Installment Schedule
The remaining balance of all development charges shall be payable within 15 days
immediately following the notification / determination of any of these trigger events:
a. Change of use to a development type that is not eligible for development
charge installments under the Act, as of the day the change is made.
b. Sale or transfer of ownership.
c. If the balance of Regional development charges owing plus any accrued
interest as per the installment schedule is paid to Niagara Region.
3.13. Unpaid Development Charges
3.13.1. If any development charges (including interest) are unpaid, those
development charges (including interest) may (at the discretion of the Region)
be added to the tax roll and collected in the same manner as taxe s, in
accordance with section 32 of the Act.
3.13.2. Interest on late payments added to the tax roll shall incur the applicable
taxation interest rate (as provided under section 345 of the Municipal Act,
2001).
3.14. Interest Rate Used
3.14.1. An interest rate shall be used for the purposes of section 26.1 and 26.2 and
shall be made available on Niagara Region’s website under the development
charges page.
3.14.2. Notwithstanding clause 3.14.1, an interest rate of 0% shall be used for the
purpose of section 26.1 and 26.2 for the following types of development:
Page 856 of 947
Corporate Policy C-XXX-000
Policy Category Name of Policy
Financial Timing for Development Charge Calculation,
Instalment and Interest Policy for the Purposes of
Sections 26.1 & 26.2 of the Development Charge
Act
Page 6 of 8
a. Non-profit housing development as defined under section 11.1 (3) of O.
Reg. 82/98.
3.15. Late Payment Penalty and Interest on unpaid Development Charge
3.15.1. All development charge installment (including interest) that are unpaid as per
the criteria established under section 26.1 of the Act, will be subject to a
Regional administration fee as per the Region’s user fee by-law and may also
be added to the tax roll and collected in the same manner as taxes, in
accordance with section 32 of the Act.
3.15.2. Interest on late payments added to the tax roll shall incur the applicable
taxation interest rate as established by the Local Area Municipality in which
the property is located.
3.16. Policy Common Name
This Policy can also be referred to as: Timing for Calculation of Development Charge,
Installment and Interest Policy
4. Purpose
The purpose of this policy is to establish the timing and rules for development charge
calculations, as required under section 26.2 of the Development Charges Act, 1997. This
policy establishes the conditions, duration, terms and other requirements on when and how
Niagara Region determines the total amount of a development charge, the installment
methodology for eligible development types and the applicable interest rates as outlined in
the Act.
5. Scope
This policy applies to all development eligible under section 26.2 and 26.1 of the
Development Charges Act, 1997.
6. Roles and Responsibilities
6.1.1. Regional Council
Approves, by resolution, the Timing for Calculation of Development Charge,
Installment and Interest Policy and any updates as necessary every five years or
upon expiry of the Niagara Region Development charge By-law.
6.1.2. Commissioner, Corporate Services
Page 857 of 947
Corporate Policy C-XXX-000
Policy Category Name of Policy
Financial Timing for Development Charge Calculation,
Instalment and Interest Policy for the Purposes of
Sections 26.1 & 26.2 of the Development Charge
Act
Page 7 of 8
Reviews and updates Timing for Calculation of Development Charge, Installment
and Interest Policy as necessary every five years or upon the expiry of a
Regional Development Charge By-law and submits any necessary changes for
Council Approval.
Creates necessary guiding strategies, supporting frameworks and procedures as
required to administer this policy which may be amended from time -to-time.
Monitor compliance and adherence to this policy.
Ensure interest rate is updated on website.
7. References and Related Documents.
7.1. Legislation, By-Laws and/or Directives
7.1.1. Development Charge Act, 1997, S.O. 1997, as amended from time to time.
7.1.2. By-law 2017-98 – A By-law to Establish Development Charges for the Regional
Municipality of Niagara Region, as amended from time to time.
8. Related Policies
None.
9. Document Control
The electronic version of this document is recognized as the only valid version.
Page 858 of 947
Corporate Policy C-XXX-000
Policy Category Name of Policy
Financial Timing for Development Charge Calculation,
Instalment and Interest Policy for the Purposes of
Sections 26.1 & 26.2 of the Development Charge
Act
Page 8 of 8
Approval History
Approver(s) Approved
Date
Effective
Date
Revision History
Revision
No. Date Summary of Change(s) Changed by
Page 859 of 947
CSD 49-2020
Appendix 2
December 9, 2020
Appendix 2 – Summary of Interest Rates Adopted by Other Municipalities
Section 26.1 Interest Rate
(for installments)
Section 26.2 Interest Rate
(for rate freeze)
City of Barrie Weighted average cost of
capital as determined by
Director of Finance (2019:
4.78%)
Weighted average cost of
capital as determined by
Director of Finance (2019:
4.78%)
City of Ottawa The greater of (a) the
Infrastructure Construction
Price Index1 plus 0.5%, OR
(b) the average annual rate at
which the City issues
debentures to fund
development charge projects
plus 0.5%.
The greater of (a) the
Infrastructure Construction
Price Index plus 0.5%, OR (b)
the average annual rate at
which the City issues
debentures to fund
development charge projects
plus 0.5%.
City of Guelph Non-residential construction
price index year over year
change as of September 30th
of the prior year plus 2% if
security is not provided.
Non-residential construction
price index year over year
change as of September 30th
of the prior year plus 2% if
security is not provided.
Town of Milton Town’s financial institution
prime lending rate.
Town’s financial institution
prime lending rate.
Town of Whitby Fixed 5% compounded
annually.
Fixed 5% compounded
annually.
York Region Fixed 5% compounded
annually.
Fixed 5% compounded
annually.
Peel Region 0.0% 5.5% per annum after August
1, 2020. Interest will
compound on unpaid
amounts.
Halton Region Region’s financial institutions
prime lending rate.
Region’s financial institutions
prime lending rate.
Page 860 of 947
Toronto Financial Security
Provided: Cost of capital
rate.
No Financial Security
Provided: Greater of:
Canadian Bank Prime Rate
plus 5% or market rate of
construction financing as
determined by the City.
1.5% per month.
1 – The Infrastructure construction price index is produced on a cost-recovery basis for the City of Ottawa
by Statistics Canada. 2019 annual rate was 2.34%.
Page 861 of 947
-mgmmagi><m:=m ,
2.3%_nm__m.oaea.ISmms___§_=__
_._m=._2._.”8$E_%.o.m2:»:?55...:02::E.»§.oa___o=_._=_.83
m____<_m.8o:_umnm3um«Mm‘Nome _
Q2em;.,
Q23z_mmm_$_nm__m
2_mmmBmm__m.oz.
Ummqw..
>m<o:_3o<<\Q2nocznz«mnm::<_ommmmo_Em<nm_>85Emma.,>:E_:Em
wannasawm8.8oo:.:__oS_o:__:m:m33Emmnozmcmswno:<m::o:92:2
3*52:1<mm«9.Emzo<m3UmwHN.B3mm«mm3m:n<<_EEmQ29"zammsm
_um__mmagEm<nm_>.
Eaum?<9328<m2o__3n::+9m__3m3_om32Em<wn_><<.EEm_om:mm3_n.
UczsmEmHanaqm_:om8:o:m.Em<nw_>3.3..Emmnozmvmzwno:<m3:o:
om3m1o_.mmoxmzmsmmm9.Em..m3.2nos?cczos3..NONH3mmam?m__3m3_omR
8xmmvEm...moo?cums.
Emmmm:8.m?mnsmgm_m£mqommauve:$03Emmnozmcmsxno:<m::o:922
_
Em:mcuuozm2%qmacmm?.
.53;23m.EmmammmazmEmQ29.z_mmmS_”m__m.83qm_<mEmm:m_um<3m39.
Emmmqmm3m:..gm?maZo<m3cm«HM.88_um.2<mm:Emmoma0+_<_m:mmm3m:n0..
Em<.n.81m932wc?smmm_3_u3<m3m3>«mmmagEmno€oS:o:O.1_.:mQ2
0+z_mmm33:9
<<_E25%<0:3mQ<m:nmEa<05nosmamazosmam<<mm:EonmNomp_mm3:2.
_om£m_.<mm«+0:EmQ2mmm<<:o_m._Page 862 of 947
-mm:mmag:>$=cm
..zaomamm__m.oaaa.an.Smea
_=..S__=__._._8m.m_o.$mmmmximwa
_._w=._2
<53»9...:m5
§aa__=_2.=___.8a
<_n.8:m933..m_>.
noNman_<_m3o:Page 863 of 947
mnozmcmsr0o:<m::o_._Omsrd
mewm$:_m<><m:cm
Z_mmm_.m_um=m.93%.So33
mommmxmmmm
_
?___mno:<m::o:m.no3
Uacaic?.E.88
3....EBHuE._8_.
Ommoa>%EEms.£o_.
<wo8_..EDannawt»
m8§.8_._aOo:<n::o=Om::.w
$3m§._&><m=:m
23$...»ma;So33
US....55:
HE:mo=o§:manno<05..55:$.03Zo<a_.:_..m_.5.~89
__.______________
____
________
mno:n_un:_...
ooz?ziaz22::
z_>m>a>5n>z>u>
.28._.£:aon:8wm_.mo_:Q:5.28..:5mesaomgusmmosaicm2.5<§9.a00:26E»,ea25
Oo€o::_o=om35O5323%..»mayeo:oo_._...Em:5oo=:.:E:o=8:5Oo=<m_:._o=Oo=:.aSum
Emnsmmma39:.wgaowUmnaononma9:.Em"Bowman:aEonUnnmac?.o.88.
O5.wsaSqU:.ao.o..muow=o<<_mn_momEamo<m_.aoo=n_:._o:m$598..E‘m:39%:uE.:_n_.mea
§E5_%a.__ooow=._NomEaax=.mBa€&_.m&::58Ea:S5338.Baowanmasm.manmcwmonmEn
monzmm.omEa<§2.aDonnawH>mommo_.%<o:ammomEn..:8.8onm_o=n_m_.M05E<om::n=<oo=3cE._o=
8:5Oo=<w=mo=Oassd.
.EE:wvs:eaEmmma8:39Baxwe:_.mmE.:..m=..:.m~..=ao_.Ba3=.
m§oa_.nJ..
Zeamao?ow
m._.amEn=~moQn:E.m_gwsmm?.
moo%S=wOo=<o=mo=09:8
09€85»A.:o_.:mo=I03:.moo.aS=_AOo=<m2._o=09:8moemomU:.mnE_.m
_o_m=3cm..3U_.mm.n.mn..Page 864 of 947
aim>oEE§m2.n9:2.:5E2»“.5sq\<\§>..%S.w...>b.83.
wmaémmzu
Emwokeow_<_>2>nE,E2eomEm
Snaow?Qwz?mwEizmmm
=<:.wo<§<Eze>35
ra_.wEmmw_.~_awo:.mn_8mm.26:<§oEm095.9wH>..
omEmEmma55..
459.
HEMnoE.ow>.:o2omHEM
OE.<ow2H>O>W>3:15
reigns.8».a:.an_3mm:05...
omHEWmmnozow>5.
€:E~m>m:5O3WmEasnmsm89955.BEo2:m003250:E5Oran09:8mmmzéaea
02%..mmo:E\uE.m:mE8$8>§_:n€:~A2.me?9Q.oEmmQ._.%2._.&8mm:5..Oo:<a::o:
095.0w__8.na.J..
>2U<<EH~»_w>m:5Oo¢<os:o:09569.0.39,3:we35%7%oo=:.:E:o:mW05.25
Qo<9.E:oBawOmswa?.35Oo<Q.E§aE3..O:§:o.:8w£§a_z=aaE§_3..ZEm..:.m
9Q.S.:mmQ.8».o:.om8mm:5:WoEo::v.:6O5.»12;Kmsmmn?ai002.55%99.oEmmm_._..&.n:.am_
3mm:1§OJ.En1m:m<,w<<m3eaSn<§o_.EOascdw~>..
>26$£aE.,_>mEaQc<Q.:Em.:ow?msmmmsum135$2::W/S:cc:¢,EEa519E3?175
32:05ca.w8ovooo.o8Uo=E.m8:5003.950:095.0Enwaon
Page 865 of 947
>25§.EEw>m:5Qo<E.EdaEom0:839ram%o_a&Em:W«<5oosig?cs8.23?E<o
25:9:@3.oo9ooo.o3Uo:E.m828Oc:<n_Eos00:26Pinon
>25<<E.a~?w>mEmWammos:3mania».E83EEoossé?zo35%bmommmmimom:8cm:.E:m3.
E32.<nEc_am_,2.:500:33.5:005:6Fémoncm35%cmmEmma3.:oEE£nosmi??mobE5
2;Enzomno?mm95:.93255%EmzmWammosa§E:o€&ExamBimo<m§.:§:oE:_mmm..
>25<<EHEw>m260.5:3$232.53.225oo::._E:8u%dE.5_.:;.:.nw9.<.EmmE:8
Oos<m:mo:09:8T?aonE52230033.31069.?xamBE%,i%§..aoruummmw
>75¢<~.EwWH>mE5Kmswm?dniOo:.o_.m:o=E593532:::25oo:E§:.a=E:.ox::m5€
Emma:H<E:o:a:m.ooo.o8.o3Uozma.825Os:/5:30:Oascdwmowaon
>26€EwEm>mown:3&5mooiozmS:5Qo<m:::oEc.8239:5Qo<m=::mE3.05830.
:8Wompoz.:505.E5ESQ3..Esnzsm:800.2230:Gonna9.0.32.mm:$.aEvomo_.oawning.
23Ewanon:8Guamomaorpw93.58:5”:5_um:mim(<wt»msm:6<8.8_._mOmszdwryE5
amorcmmmmzH.mmo_:mo:mooB::m.Em..om_vocm<o€3:3:2:59:Q:908.8908955msmOza
?E:o:mam3,53559.2;§.o:mE§2:uo9ooo.o8D0525.8Eno_.§..n§o:Bi:;§9§§ch.
EaOo:<o=mo:095.0?.£.mo..9.9.93.8m:C3«am:323ooEEw=o.Em,E83.
20<<em??mowaaim>QWEwZDw2H<<_.H2HwmHA.EE23oo:m5Q.3._o:omEa
coiacsaosm%me.:§mdo?w.:5<m_sa03:9Wm79.03mo_EoE_Q_mnP:5<Wo8_.§0956E>
_§.aSsowsoioamawE5mmzuamu
Page 866 of 947
CVera:552012095.0m:>(S:oosaciam3::3.,0.5V<:Ec:W20V.E:%.mgi5:mm_E
Q:.moo.8o.ooVUozma8:5£a§._c:mamEa.::m:m:.omcm:5ZVmmm_.mOo:<asno:25
Q?n095.992$.2venomomEwmanGMVmommaE:5Edosicm0.5mséa#1_5§_:_
a:oo.ooo.ooVUo:E.m3987E59.05.V52.b.oEEa83ExmzosV82.3.2%.89:9
.EoEn::m25Now»§§a_.v_.GE..
:4€32amémmzmoa:5cmasnm:m_.n8_S<a339.33.5.>m__maEa:_.
U>‘EwUEZamm?dmzm.O:::..5:3?,..,23cmax.ax,
.83.
VEmwokauom§>z>mm§mzaon%E.,;..
V/:O7wOwH>omzddwwcmuzmmm
V:<=.WO<m§mZ%>wm>
V
V
V,«
V
V
Vr.
V/\
.x$.\
V2359gin§,§2§.\..<2mmWAR
V,E:aV
_.W
U>1EmUaZ.EmE.mE5.OimzomumJawcm3§...r\~..mx,.E3.
EmOOE.OVw>,EOZO1Em
03.4cmZH>Q>W>3/Sm
2259.Ha,3,2:was
:293.2.
Zadammm:Hal‘m_\1
12.90.5‘Q32
VVVVVVVVVVV
Page 867 of 947
Page 1 of 2
Memo
To: Mayor James Diodati,
Members of Niagara Falls City Council
From: Tiffany Clark, Director of Finance
Date: January 19, 2021
Re: Victoria Centre BIA Scotiabank Convention Centre request dated
December 28, 2020
RECOMMENDATION
1. If Council wishes to amend the agreement as requested it should direct the
Acting City Solicitor to make the necessary changes to the November 12, 2007
agreement between the Board of Management of the Victoria Centre Business
Improvement Area (BIA) and the Corporation of the City of Niagara Falls
regarding a 15 year funding commitment to Scotiabank Convention Centre as per
Scotiabank Convention Centre and Victoria Centre BIAs mutually agreed upon
request outlined in Scotiabank Convention Centre’s letter dated December 14,
2020. Specifically, the amendment is to modify the funding commitment from
$1,500,000 over 15 years to $1,400,000 over 14 years, removing the
requirement to pay the final $100,000 installment in the 2021 calendar year.
BACKGROUND
On November 12, 2007, The Board of Management of the Victoria Centre Business
Improvement Area (“Victoria Centre BIA”) entered into an agreement with The
Corporation of the City of Niagara Falls (“City”) regarding funding for the Scotiabank
Convention Centre.
Within the agreement it set out the funding commitments by various parties including
Victoria Centre BIA. Specifically, the agreement states:
“That the Victoria Centre BIA will contribute a total of One Million Five Hundred
Thousand ($1,500,000.00) Dollars to the operation and maintenance of the
Niagara Convention and Civic Centre over a period of Fifteen (15) years in the
amount of One Hundred Thousand ($100,000.00) Dollars in each and every year
from the 2007 taxation year through to and including the 2021 taxation year.”
CURRENT REQUEST
Per attached letter from Scotiabank Convention Centre, Victoria Centre BIA is
requesting forgiveness of the $100,000 calendar 2021 investment/contribution to the
Page 868 of 947
Page 2 of 2
Scotiabank Convention Centre and the Scotiabank Convention Centres’ Board has
approved same at their Board meeting of December 9, 2020.
The Board is reaching out to the City to receive Council’s approval to amend the
November 12, 2007 agreement between Victoria Centre BIA and the City from a
$1,500,000 commitment over 15 years to a $1,400,000 commitment over 14 years
removing the requirement to pay the final installment of $100,000 in 2021.
LIST OF ATTACHMENTS
1. Letter from Victoria Centre BIA dated December 28, 2020 inclusive of letter from
Scotiabank Convention Centre dated December 14, 2020 and Original
agreement dated November 12, 2007 between Victoria Centre BIA and the City.
Page 869 of 947
MEMORANDUM
TO: Mayor and Members of Council
FROM : Alex Herlovitch
Director of Planning, Building and Development
DATE: January 12, 2021
SUBJECT: Housing Directions Strategy Study
The Planning Department has embarked on the preparation of a Housing Directions
Strategy Study to be undertaken by Dillon Consulting. The Study is to provide a measured
assessment of present and future unmet housing demand which will serve as a guiding
document and result in a strategy with the aim of ensuring that a sufficient broad array of
housing options in the City of Niagara Falls to meet the full spectrum of needs found in
the community. The results of this Study will help Council, stakeholders and c ommunity
members (including the development community) develop a comprehensive
understanding of the housing market and key housing issues. It is also intended that the
document will produce Official Plan policies. The Study is to be guided by a Technical
Advisory Committee (TAC) composed of City staff, Regional representatives, agency
participants and City Council members.
Councilors Dabrowski, Campbell and Lococo have expressed their interest in serving on
the TAC. Ratification of the appointment is needed.
Page 870 of 947
1
Heather Ruzylo
To:Carey Campbell
Subject:RE: Bell Let’s Talk Day 2021 Flag Program
From: Naccarato, Rosemary <
Sent: Tuesday, December 29, 2020 10:44 AM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: Bell Let’s Talk Day 2021 Flag Program
Dear Mayor Diodati,
As a valued community partner, I am excited to bring you the first update about the
upcoming 11th annual Bell Let’s Talk Day on Thursday, January 28. With COVID-
19 affecting every aspect of our lives, Bell Let’s Talk Day 2021 marks an important
milestone in the world’s largest conversation around mental health. Once again, we
invite you, your staff and community members to join the conversation and take
action to show support for mental health in your community.
With your help, we can make this the most impactful Bell Let’s Talk Day yet and
help create positive change for Canadians during this difficult time.
We invite you to participate in our flag raising program, again!
When it comes to mental health, every action counts. Last year, you joined more
than 100 partners around the country and internationally who raised a Bell Let’s
Talk Flag in their community to support mental health and start the Bell Let’s Talk
Day conversation. Thank you for your support!
We invite you to join us again by raising a Bell Let’s Talk flag in your community on
January 28, or during the week leading up to Bell Let’s Talk Day. Raising the Bell
Page 871 of 947
2
Let’s Talk flag is a safe and visible reminder to the members of your community that
mental health matters and that help is available.
If you would like to participate in the flag program again this coming year, please
indicate your interest by registering here. I will arrange to have your flag, Bell Let’s
Talk swag and digital communication templates sent to you in January.
Thank you for considering participation in our program. With your support, we can
make a difference in mental health. Visit bell.ca/letstalk for more information on how
we’re helping to create positive change for Canadians living with mental illness.
Sincerely,
Rosemary
Rosemary Naccarato, CMM
Manager, Community Investments/Affairs
100 Borough Drive, Toronto, ON M1P 4W2
T : 416-353-9986 M : 416-523-3927
Please send me a return email with the message STOP if you no longer wish to receive communications about Bell Let's Talk Day.
Bell Canada, 1 Carrefour Alexander-Graham-Bell Building A, 4th Floor Verdun, Québec H3E 3B3
bell.ca
Page 872 of 947
Dear Mayor,
I am pleased to inform you that the next census will take place in May 2021. I am writing today
to seek your support to increase awareness of the census among residents of your community.
For over a century, Canadians have relied on census data to tell them about how their country is
changing and what matters to them. We all depend on key socioeconomic trends and census
analysis to make important decisions that have a direct impact on our families, neighbourhoods
and businesses. In response to the COVID-19 pandemic, Statistics Canada has adapted to ensure
that the 2021 Census is conducted throughout the country in the best possible way, using a safe
and secure approach.
Statistics Canada will be hiring approximately 32,000 people across the country to assist with
census collection. We would like to work with you and your municipality to ensure that your
residents are aware and informed of these job opportunities.
Furthermore, your support in encouraging your residents to complete the census will have a
direct impact on gathering the data needed to plan, develop and evaluate programs and services
such as schools, daycare, family services, housing, emergency services, roads, public
transportation and skills training for employment.
If you would like to express your municipality's support for the census, please share the
municipal council resolution text below with your residents:
Be it resolved that:
The Council of the Corporation of (NAME OF CITY/TOWN/MUNICIPALITY) supports the 2021 Census, and
encourages all residents to complete their census questionnaire online at www.census.gc.ca. Accurate
and complete census data support programs and services that benefit our community.
In the coming weeks, a member of our communications team may contact you to discuss ways in
which we can work together. Should you have any questions, please contact us at
statcan.censusoutreach.ontario-rayonnementdurec.ontario.statcan@canada.ca.
Thank you in advance for supporting the 2021 Census.
Yours sincerely,
Geoff Bowlby
Director General, Census Management Office
Statistics Canada / Government of Canada
Page 873 of 947
1
Heather Ruzylo
Subject:RE: Feb. 15, 2021 Int. Child Cancer Day Falls @ Niagara illumination request
From: Mike Strange <mstrange@niagarafalls.ca>
Date: January 17, 2021 at 8:32:32 PM EST
To: Bill Matson <billmatson@niagarafalls.ca>
Subject: Fwd: Feb. 15, 2021 Int. Child Cancer Day Falls @ Niagara illumination request
Hey Bill , could you get this on this Tuesdays Agenda for proclamation of making Feb 15th
world international childhood/adolescent cancer day and request to light up the Falls on Feb 15th
as well. Thanks buddy. Mike
Sent from my iPad
Begin forwarded message:
From: neal rourke >
Date: January 17, 2021 at 8:16:09 PM EST
To: "mstrange@niagarafalls.ca" <mstrange@niagarafalls.ca>
Subject: Feb. 15, 2021 Int. Child Cancer Day Falls @ Niagara illumination
request
Good evening Mike
Please forward this email to the NFIBoard team requesting that the Falls at
Niagara illumination system be programmed to a golden RGB 204-153-051 or
1245 on the Pantone colour scale as allowed on the evening of February 15, 2021.
This representing the colour codes of the international childhood/adolescent
cancer awareness ribbon encompassing the 12 primary forms of childhood cancer.
This annual Feb. 15th event is recognized by the World Health Organization
(WHO), the International Union of Cancer Control (UICC) and the Health Canada
calendar of events as International Childhood Cancer Day #ICCD2021.
Many thanks Mike for your ongoing efforts supporting the families in the Niagara
region affected by childhood cancer and for raising global awareness through
your continued orchestration of ICCD and September childhood cancer awareness
month illuminations of The Falls at Niagara.
Most sincerely,
Neal Rourke
Advocacy for Canadian Childhood Oncology Research Network
www.curesforourkids.ca
Coordinator, Brendan Rourke Memorial Inside Ride
Page 874 of 947
2
Frmer, Director of Awareness, Coalition Against Childhood Cancer
www.cac2.org
Virus-free. www.avast.com
Page 875 of 947
For Immediate Release January 8, 2021
Niagara’s municipal leaders reveal
common principles to combat the
second wave of COVID-19
Yesterday evening, Niagara’s 12 mayors and the Regional Chair met
virtually to discuss the pressing challenges facing the community due to the
second wave of COVID-19.
With the significant increase of COVID-19 cases, an alarming rise in the
number of pandemic-related deaths, and the continued impact of outbreaks
in more than 50 per cent of Niagara’s long-term care homes, the consensus
of the heads of council was that Niagara is at a critical point and a concerted
effort will be required by all partners to help gain control of an exceptionally
serious situation.
Niagara’s Mayors and Regional Chair agreed on the following principles. A
formal letter was also sent to Premier of Ontario, Minister of Health and
Solicitor General outlining Niagara’s concerns.
1. Niagara’s municipal partners are exploring opportunities to share staff
resources in all appropriate areas to further bolster Niagara’s
pandemic response, including possible redeployment to long-term care
homes and to support public health initiatives
2. Niagara’s municipal leaders call on the province to ensure our front-
line health care workers and residents have equal and timely access to
vaccines as compared to other areas of Ontario.
3. Niagara urges the province to consider increasing the role
municipalities and local Public Health units in the vaccine distribution
strategy. Niagara also calls upon the province to more openly share its
plans regarding vaccine distribution to ensure local residents have the
information they require.
4. Paramedics across the province should be added to the list of priority
healthcare staff to receive the vaccination.
5. Niagara’s municipalities will reaffirm their commitment to share
information in a timely and accurate way to ensure all parties can make
effective decisions.
6. Niagara’s municipal leaders request the community’s patience and
understanding as vaccines begin to arrive across the Region. The
federal and provincial government have committed to ensuring there
will be a vaccine for everyone who wants one, but this process will take
time.
Residents are reminded that the most effective way to slow the spread of the
virus is by practicing physical distancing, staying home whenever possible,
washing their hands frequently and wearing a mask when required.
On behalf of the people of Niagara, the Mayors and Regional Chair thank
our local front-line health care who continue to perform admirably after more
than 10 months confronting this deadly virus. Niagara’s leaders also
recognize the significant challenges faced by local businesses due to the
Page 876 of 947
Page 2 January 8, 2021
2
lockdowns and are committed to providing any assistance possible. The
heads of council also empathize with the impacts on students, teachers and
families who are managing new and challenging learning environments.
These are unprecedented times, and Niagara’s municipal leaders recognize
that most residents are making the sacrifices necessary to combat COVID-
19. As the Province of Ontario experiences its highest single day increase in
COVID-19 cases since the beginning of the pandemic, all Niagara residents
are reminded of the importance of following all public health directives to
keep everyone safe.
Jim Bradley, Regional Chair
Niagara Region
-30-
Media Contact:
Daryl Barnhart
Executive Officer to the Regional Chair
Daryl.barnhart@niagararegion.ca
289-969-3441
Mayor David Bylsma
West Lincoln
Mayor Frank Campion
Welland
Mayor Jim Diodati
Niagara Falls
Lord Mayor Betty Disero
Niagara-on-the-Lake
Mayor Sandra Easton
Lincoln
Mayor Kevin Gibson
Wainfleet
Mayor Jeff Jordan
Grimsby
Mayor Marvin Junkin
Pelham
Mayor Wayne Redekop
Fort Erie
Mayor Walter Sendzik
St. Catharines
Mayor Bill Steele
Port Colborne
Mayor Terry Ugulini
Thorold
Page 877 of 947
CITY OF NIAGARA FALLS
By-law No. 2021 -
A by-law to authorize the payment of $22,926,532.49 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 November 24, 2020 to December 15, 2020.
Passed this nineteenth day of January 2021
..................................................... ..........................................................
WILLIAM G. MATSON, JAMES M. DIODATI,
CITY CLERK MAYOR
First Reading: January 19, 2020
Second Reading: January 19, 2020
Third Reading: January 19, 2020
Page 878 of 947
CITY OF NIAGARA FALLS
By-law No. 2021 -
A by-law to provide an interim levy of realty taxes.
WHEREAS subsection 317(1) of the Municipal Act, 2001 (the “Act”) provides that the council of a
local municipality, before the adoption of the estimates for the year, pass a by-law levying amounts
on the assessment in each property class in the local municipality, rateable for local municipal
purposes.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS
FOLLOWS:
1. (1) An interim tax levy at the following rates is hereby imposed and
levied on the whole of the assessment for property in the following classes:
Property Class Rate
Residential 0.6092%
Farmlands 0.1523%
Managed Forests 0.1523%
Pipeline 1.3967%
Multi-Residential 1.1259%
New Multi-Residential 0.6092%
Commercial 1.4142%
Vacant Commercial 1.1369%
Industrial 2.0260%
Vacant Industrial 1.6057%
Industrial (New Construction) 1.8910%
Vacant Industrial (New Construction)
Landfill
1.4707%
2.4236%
(2) The interim tax levy shall not exceed 50% of the total amount of taxes for
municipal and school purposes levied on the property for the previous year.
2. All monies levied and collected under the authority of this by-law shall be paid to the
Treasurer of the City of Niagara Falls and applied by her as directed or required by the
Act.
Passed this 19th day of January, 2021
........................................................ .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: January 19, 2021
Second Reading: January 19, 2021
Third Reading: January 19, 2021
Page 879 of 947
CITY OF NIAGARA FALLS
By-law No. 2021-
A by-law to appointment an Acting City Treasurer
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. Jonathan Leavens is hereby appointed to the position of Acting City Treasurer in
Tiffany Clark’s absence.
2. In the event of Mr. Leavens absence, the Acting City Treasurer will be the
Manager of Revenue or the Manager of Capital Accounting.
3. The by-law will be effective on the day of its passing.
Read a first, second and third time; passed, signed and sealed in open Council this 19th
day of January, 2021.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 880 of 947
Page 1 of 36
THE CORPORATION OF THE CITY OF NIAGARA FALLS
By-Law No. 2021-
A by-law to define the procurement policies and procedures for the Corporation of the
City of Niagara Falls
WHEREAS Section 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
requires a municipality to adopt policies with respect to its Procurement of goods and
services;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls has deemed
it desirable to set out its policies with the respect to the Purchase of Goods and/or
Services, and the disposal of Surplus Assets, in this By-law;
AND WHEREAS the Council of the Corporation has directed that as much of its
Procurement as possible be done electronically.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. PURPOSES, GOALS AND OBJECTIVES OF THIS BY-LAW
The purposes, goals and objectives of this By-law and of each of the methods of
Procurement authorized herein are:
(a) to encourage competitive bidding;
(b) to ensure objectivity and integrity in the Purchasing process;
(c) to ensure fairness between bidders;
(d) to maximize efficiencies in the Procurement Process, including through
electronic Procurement means;
(e) to authorize a variety of Procurement methods, and to use the most
appropriate method depending on the particular circumstances of the
Procurement;
(f) to the extent possible, to ensure openness, accountability and transparency
in Procurements while protecting the best interests of the Corporation and
the taxpayers of the City of Niagara Falls;
(g) to obtain the Best Value for the Corporation when Purchasing Goods and/or
Services;
Page 881 of 947
Page 2 of 36
(h) to avoid real and perceived conflicts between the interests of the
Corporation and those of the Corporation’s employees and elected officials
and to ensure compliance with the Municipal Conflict of Interest Act, R.S.O.
1990, c.M.50, as amended and the Corporation’s Code of Conduct;
(i) to encourage the Purchase of Goods and/or Services with due regard to the
preservation of the natural environment;
(j) to promote, and incorporate wherever possible in Procurement activities of
the Corporation, the requirements of the Accessibility for Ontarians with
Disabilities Act, 2005, S.O. 2005, c. 11, as amended;
(k) to adhere to the code of ethics of the National Institute of Government
Procurement and the Ontario Public Buyers Association; and
(l) to maintain timely and relevant policies and procedures.
2. DEFINITIONS
In this By-law,
“Award” means authorization to proceed with Purchasing Goods and/or
Services from the chosen Supplier or to proceed with the Disposal, by way
of sale of Surplus Assets, to a chosen buyer;
“Best Value” means, in relation to a purchase, that the purchase
represents the optimal balance of high quality and financial terms;
“Bid” means an offer or submission from a Supplier in response to a Bid
Solicitation that is subject to acceptance or rejection or (if a right of
negotiation is reserved by the Corporation or is implied in the wording of a
Bid Solicitation) negotiation by the Corporation, or consideration by the
Corporation (as in the case of the pre-qualification process in a RFPQ or
RFEOI) or, in the case of a Disposal of Surplus Assets, an offer or
submission from a buyer in response to a Bid Solicitation that is subject to
acceptance or rejection by the Corporation;
“Bid Approval Report” means a report or other document that authorizes
the purchase of Goods and/or Services the Disposal of Surplus Assets by
way of sale and is executed by the Purchasing Authorities as set out in
Schedule “B”;
“Bid Security” means the form of security required by the terms and
conditions of Bid Solicitations to guarantee that the successful Supplier
enters into a Contract with the Corporation, as required by Section 26 of this
By-law;
“Bid Irregularity” means a potential or actual non-compliance with a Bid
Solicitation that may lead to the disqualification of a Bid, or that may require
corrective action to take place in order to make a Bid compliant.
Page 882 of 947
Page 3 of 36
“Bid Solicitation” means a request for Bids, which shall whenever
possible use electronic means, including an Informal Request for Quotation,
Request for Quotation, Request for Tender, Request for Proposal or
Negotiated Request for Proposal;
“Bidding System” means the Corporation’s online web-based solution for
issuing Bid Solicitations and/or receiving online Bid submissions and
posting Bid results;
“Budget” means the budget or portion of the budget approved by Council;
“CETA” means the Comprehensive Economic and Trade Agreement signed
October 30, 2016, as amended, between Canada and the European Union
and its member states;
“CFTA” means the Canadian Free Trade Agreement in force July 1, 2017,
as amended;
“Chief Administrative Officer” or “CAO” means the Chief Administrative
Officer of the Corporation, his or her Designate or any successor position
thereto;
“City” means The Corporation of the City of Niagara Falls;
“City Solicitor” means City Solicitor of the Corporation, his or her
Designate or any successor position thereto;
“Clerk” means the Clerk of the Corporation or his or her Designate or any
successor position thereto;
“Compliant Bid” means a Bid that meets the terms and conditions of the
Bid Solicitation and this By-law;
“Conflict of Interest” means:
(i) a situation or circumstance, real or perceived, that could give a
Supplier or potential Supplier an unfair advantage in a Procurement
or compromise the ability of the Supplier or potential Supplier to
perform its obligations under a Contract; and/or
(ii) a situation where a person, business or other interest of an elected
or appointed official, officer or employee of the Corporation is, or can
be reasonably be perceived to be, in conflict with the interests of the
Corporation, and includes, but is not limited to:
(1) the giving or receiving of a direct or indirect personal gain or
benefit, or a direct or indirect advantage or privilege, by any
person or business that offers Goods and/or Services (incl.
Construction) to the Corporation;
Page 883 of 947
Page 4 of 36
(2) a direct or indirect interest in any business that provides
Goods and/or Services (incl. Construction) to the Corporation;
(3) a conflict of interest as defined in the Municipal Conflict of
Interest Act (R.S.O. 1990, Chapter M.50), as amended; or
(4) a conflict of interest as defined in the Corporation’s Conflict of
Interest Policy #400.35, as amended;
“Construction” means a construction, reconstruction, demolition, repair or
renovation of a building, structure or other engineering or architectural work
and includes site preparation, excavation, drilling, soil or seismic
investigation, geotechnical survey, the supply of products and materials and
the supply of equipment and machinery incidental to the construction, and
the installation and repair of fixtures of a building, structure or other
engineering or architectural work. For the purposes of this By-law and
procedures construction falls under the title of a Goods and/or Services;
“Contract” means a binding agreement, arising in the context of a
Procurement, between the City and one or more parties that creates an
obligation to provide or sell goods or perform Services;
“Corporation” means The Corporation of the City of Niagara Falls;
“Council” means The Council of The Corporation of the City of Niagara
Falls;
“Debriefing” means to provide information related to the Bid Solicitation to
inform bidder(s) that were not selected during a particular procurement
process;
“Department” means any Department of the Corporation including any
division within a Department;
“Department Representative” means a position authorized in writing by
the CAO or Director for the Purchase and/or Disposal of Goods and/or
Services up to the value of their prescribed signing authority or their
Designate, which written authorization must be filed with the Manager of
Procurement;
“Designate” means a person authorized in writing to act on behalf of
another person during his or her absence, which written authorization has
been filed with the Manager of Procurement. Only a person holding a
position no lower than one level below in the Corporation’s reporting
structure may be authorized to act as a Designate;
“Director” means the Director of the Department making the Purchase, his
or her Designate or any successor position thereto;
Page 884 of 947
Page 5 of 36
“Disability” or “Disabilities” shall have the same meaning as set out in
the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11,
as amended or any successor legislation thereto;
“Disposal” and its derivatives and correlatives means the selling, trading,
assignment, donation and/or scrapping of Surplus Assets;
“Fair Market Value” means the price that would be agreed to in an open
and unrestricted market between knowledgeable and willing parties dealing
at arm’s length who are fully informed and not under any compulsion to
transact;
“Formal Bid Process” means the process for receipt of Bids, as outlined
in Section 21;
“Goods” means, in relation to Procurement, moveable property (including
the costs of installing, operating, maintaining or manufacturing such
moveable property), including raw materials, products, equipment and other
physical objects of every kind and description whether in solid, liquid,
gaseous or electronic form, unless they are procured as part of a general
construction contract. Exemptions of Goods as per Schedule “A”
Exceptions for Formal Purchasing Process;
“Informal Request for Quotation” means a Request for Quotation where
the Goods or Services being procured are of Small Value and the
Procurement is permitted by applicable Corporation policies and Section 13
of this By-law;
“Large Value” means over $100,000, including HST, or such other amount
as Council may determine, from time to time, to be the lower limit of a large
value amount;
“Lobbying” means the advocacy of an interest that is affected, actually or
potentially, by the Bid Solicitation process or individuals involved in the Bid
Solicitation process including seeking to influence the outcome of the Bid
Solicitation process or subsequent Award;
“Low Value” means less than $2,500, including HST, or such other
amounts as Council may determine to be the limits of a low value amount;
“Lowest Compliant Bid” means the Compliant Bid that would provide the
Corporation with the desired Goods and/or Services at the lowest cost;
“Manager” means an employee of the Corporation holding the position of
manager;
“Mid Value” means between $25,000 and $100,000, including HST, or
such other amounts as Council may determine as constituting the limits of
a mid-value amount;
Page 885 of 947
Page 6 of 36
“Negotiated Request for Proposal” or “NRFP” means a non-binding
flexible format public Request for Proposal by the Corporation made in
accordance with Section 16 of this By-Law, seeking proposals to supply Goods
and/or Services which may or may not result in an Award by the Corporation;
“Negotiation” means a Method of Purchasing in which the Corporation may
negotiate directly with one or more Suppliers with the intent to award a
Contract or extend an existing Contract;
“Procurement” means the entire process for the assessment of the
Corporation’s needs for Goods and/or Services, the means by which those
needs may be satisfied, the examination of the marketplace for Goods and/or
Services, the authorization for Purchasing Goods and/or Services, the
selection of the method for Purchasing Goods and/or Services, the issuance
of a procurement document (which may include a Purchase Order, RFEOI,
RFPQ, RFP, NRFP, RFT or other document consistent with this By-Law), the
selection of a Supplier and the completion of the Purchasing;
“Procurement Division” means that part of the Finance Department and any
person with the delegated authority under Section 4 (d) of this By-law,
responsible for the Purchase and/or Disposal of all Goods and/or Services for
the Corporation and for the administration of this By-law;
“Professional Services” means those services requiring the skills of
professionals for a defined service requirement including but not limited to,
(i) architects, engineers, designers, surveyors, geoscientists, project managers,
financial consultants, auditors, accountants, lawyers and health care
professionals;
(ii) firms or individuals having specialized competence in environmental, planning,
Construction or similar disciplines; and,
(iii) software consultants and any other persons providing similar services;
“Purchase” means to acquire Goods and/or Services by purchase, rental,
lease or trade, including Construction;
“Purchase Order” means an electronic confirmation of the Purchase of
Goods and/or Services at a specific cost and includes the standard terms and
conditions for purchase orders;
“Purchase Requisition” means a request for Goods and/or Services for
which the Budget has been approved, prepared by a Department and sent to
the Procurement Division;
“Purchasing” and its derivatives and correlatives means the process of
obtaining Goods and/or Services as part of the process of Procurement;
Page 886 of 947
Page 7 of 36
“Purchasing Card” means a card issued to approved City staff to make
purchases within their authority level following the Purchasing Card Policy
and the Purchasing and Execution Authority of this By-law;
“Purchasing Procedure” refers to policies and procedures adopted from
time to time by the Manager of Procurement for the purpose of enabling the
provisions of this By-law.
“Quotation” means a binding statement of price, terms of sale and
description of Goods and/or Services offered by a Supplier;
“Request for Expression of Interest” or “RFEOI” means a public request
made by the Corporation seeking responses from potential Suppliers for the
purposes of compiling a list of Suppliers that may be interested in providing
Goods and/or Services to the Corporation from time to time. An RFEOI is
not a Bid Solicitation, and receipt of an expression of interest by the
Corporation does not create any legal obligation between the potential
Supplier and the Corporation, but may be a precondition to qualifying for
subsequent Bid Solicitations issued by the Corporation;
“Request for Pre-Qualification” or “RFPQ” means a public request by
the Corporation seeking submissions outlining the experience, financial
strength, education, background and significant personnel of potential
Suppliers who may, from time to time, qualify to supply Goods and/or
Services to the Corporation. An RFPQ is not a Bid Solicitation, and receipt
of a response to an RFPQ by the Corporation does not create any legal
obligation between the potential Supplier and the Corporation, but may be
a precondition to qualifying for subsequent Bid Solicitations issued by the
Corporation;
“Request for Proposal / Negotiated Request for Proposal” or “RFP /
NRFP” means a public request for proposals by the Corporation made in
accordance with Section 16 of this By-law, seeking proposals to supply
Goods and/or Services, which may or may not result in an Award by the
Corporation. Accordingly, receipt of a response to an RFP by the
Corporation may not create any legal obligation between the potential
Supplier and the Corporation. An RFP is to be distinguished from an NRFP,
which never creates any legal obligation between a potential Supplier and
the Corporation;
“Request for Quotation” or “RFQ” means a request for Quotations by the
Corporation for the provision of Goods and/or Services made in accordance
with Section 14 of this By-law. An RFQ is a Bid Solicitation, but receipt of a
response to an RFQ by the Corporation does not create any legal obligation
between the potential Supplier and the Corporation unless and until the
Corporation accepts the Quotation by placing a Purchase Order with the
potential Supplier;
Page 887 of 947
Page 8 of 36
“Request for Tender” or “RFT” means a public request for Bids by the
Corporation made in accordance with Section 15 of this By-law. An RFT is
a Bid Solicitation;
“Roster” means a list of Suppliers that have participated in and
successfully met the requirements of a Request for Pre-Qualification
(RFPQ), and have been pre-qualified to perform work assignments
involving the delivery of a particular type of Goods and/or Services;
“Services” means services in which the physical component of an activity
would predominate but which may result in deliverables in the form of
reports, drawings, designs, training materials, software modifications or
similar physical components. Services do not include Professional Services
and exemptions as per Schedule “A” Exceptions for Formal Purchasing
Process;
“Single Source” means the use of a non-competitive Procurement process
to acquire Goods and/or Services from a specific Supplier even though
there may be more than one Supplier capable of delivery of the same Goods
and/or Services;
“Small Value” means between $2,500 and $25,000, including taxes, or
such other amounts as Council may determine as constituting the limits of
a minor amount.
“Sole Source” means the use of a non-competitive Procurement process
to acquire goods or services from a specific supplier because there are no
other suppliers available or able to provide the required Goods and/or
Services;
“Special Circumstance” means:
(i) an event that is exceptional or could not be foreseen and is likely to
pose a threat to the health, safety or welfare of the public;
(ii) an event that, unless immediately addressed, is likely to cause
significant loss or damage to property;
(iii) an event that has disrupted any essential service that needs to be
re-established without delay; or
(iv) an emergency as defined in the Emergency Management Act, (or the
Emergency Management and Civil Protection Act, when so
renamed) R.S.O. 1990, c. E.9, as amended, or any successor
legislation thereto;
(v) an event or circumstance where the City’s municipal emergency
control group, established under the Act, has been activated;
Page 888 of 947
Page 9 of 36
“Specialized Services” means those services requiring the skills of trades
including, but not limited to electrical, mechanical, drywall, painting, HVAC,
roofing, plumbing, electronics, telecommunications infrastructure and
insulation;
“Substantive Objection” means a written objection provided to the
Procurement Division from a Supplier with respect to a Bid Solicitation
giving specific reasons for the objection;
“Supplier” means any individual or organization offering Goods and/or
Services including but not limited to contractors, consultants, vendors and
service organizations;
“Surplus Assets” means Goods, equipment and other assets that are
obsolete, damaged or surplus to that Department’s needs; and
“Trade Agreements” means any agreements with respect to access to
government procurement opportunities as may be applicable to the
Corporation, e.g., CFTA and CETA.
3. APPLICATION
(a) The policies and procedures outlined in this By-law, including all the
purposes, goals and objectives of Section 1 hereof, and including the use
of electronic means, shall be followed for the Procurement of all Goods
and/or Services by the Corporation or its officers, servants and employees.
(b) No procurement or purchase shall be arranged or made to avoid the
application of this bylaw. Without limiting the generality of the foregoing, no
procurement of Goods and/or Services shall be divided into two or more
parts for the purpose or intent of, or with the effect of, avoiding or frustrating
the application of this bylaw.
(c) All Procurements shall be subject to the Purchasing Procedures as they
exist from time to time.
(d) The Method of Purchasing set out in Sections 10 to 21, and the reporting
procedures set out in Section 23, shall not apply to the Purchase and
Disposal of those Goods and/or Services outlined in Schedule “A”.
(e) This provision provides authority for the Purchase of Goods and/or Services
outlined in Schedule “A”, pending Budget availability.
(f) Any Contracts necessary to complete the Purchase of Goods and/or
Services outlined in Schedule “A” on a Single Source basis shall be
executed by the appropriate Document Execution Authority for Single
Source as set out in Schedule “B”, up to the prescribed limits, provided that:
Page 889 of 947
Page 10 of 36
(i) the Contract has been prepared in a form satisfactory to the City
Solicitor;
(ii) any financial securities and insurance required under the Contract
are satisfactory to the City Solicitor; and
(iii) funding is available in the Budget.
4. RESPONSIBILITIES AND AUTHORITIES
(a) The Director of Finance shall have all the necessary authority to administer
this By-law and to carry out his or her duties on behalf of the Corporation.
(b) The Procurement Division is responsible for and shall have the authority to:
(i) acquire or dispose of Goods and/or Services;
(ii) call, receive, open and review Bids and proposals;
(iii) establish administrative procedures and policies for the
implementation of this By-law;
(iv) establish, through consultation with the City Solicitor, standards for
Bid Solicitations, Purchase Orders, Contracts and other documents;
(v) establish, through consultation with the user Department and City
Solicitor, the terms and conditions of Bid Solicitations;
(vi) provide guidelines on Procurement policies and procedures and the
structure, format and general content of Bid Solicitations;
(vii) review proposed Bid Solicitations to ensure clarity, reasonableness
and quality and advise staff of suggested improvements;
(viii) establish, through consultation with the Director of Finance, policies
and procedures to support the Corporation’s Purchasing Card Policy,
as amended.
(ix) act on behalf of the Corporation, and from time to time, other boards
and agencies, for the purposes of the Purchase or Disposal of Goods
and/or Services;
(x) ensure open, fair and impartial Procurement processes for Goods
and/or Services;
(xi) ensure compliance with this By-law and advise the Director of
Finance when there has been non-compliance. The Director of
Finance shall take appropriate action to address and correct any
non-compliance;
Page 890 of 947
Page 11 of 36
(xii) develop co-operative Purchasing plans with other units of
government or their agencies or public authorities, where deemed
beneficial to the Corporation;
(xiii) promote the standardization of Goods and/or Services, where such
standardization demonstrably supports the purposes, goals and
objectives of this By-law; and
(xiv) ensure that where applicable, Procurements are compliant with
applicable Trade Agreements.
(c) The Manager of Procurement, with the written approval of the Director of
Finance, may delegate to an employee or employees all or part of the
authority in Subsection 4(b) above, which authority may be limited to a
particular type of Goods and/or Services.
(d) The CAO or Director of Finance shall appoint in writing as per the
Delegation By-law as amended, Department Representatives who shall be
responsible for the Procurement of Goods and/or Services and subject to
oversight, up to the value of their prescribed authority, in accordance with
Section 4 (e);
(e) Department Representatives will also have the following specific
responsibilities:
(i) ensure budget availability, prior to soliciting Good and/or Services, in
accordance with Council approved Budgets.
(ii) ensuring that all Contract terms and conditions comply with the Bid
Solicitation;
(iii) preparing and approving all specifications and terms of reference in
consultation with the Procurement Division;
(iv) managing Contracts to ensure Goods and/or Services are received
by the Corporation and comply with Contract terms and conditions;
(v) monitoring all Contract expenditures and ensuring that all financial
limitations have been complied with and that all accounts are paid
within the times set out in the Contract or as required by applicable
laws;
(vi) monitoring the performance of Suppliers;
(vii) standardizing the use of Goods and/or Services, where such
standardization demonstrably supports the purposes, goals and
objectives of this By-law;
Page 891 of 947
Page 12 of 36
(viii) ensuring that all Goods and/or Services purchased have been
received and recording receipt in the form prescribed by the
Procurement Division; and
(ix) ensuring that all Surplus Assets have been disposed of in
accordance with this By-law and that the consideration therefor, if
any, has been received and recorded by the Corporation.
5. REQUIREMENT FOR APPROVED FUNDS
(a) Except as provided in Section 17 hereof, the exercise of authority to award
a Contract is subject to the identification and availability of sufficient funds
in appropriate accounts within the Budget.
(b) Where Goods and/or Services are routinely purchased or leased on a multi-
year basis, the exercise of authority to award a Contract is subject to the
following:
(i) the identification and availability of sufficient funds in appropriate
accounts for the current year within the Budget;
(ii) the Goods and/or Services will continue to be required in subsequent
years and, in the opinion of the Director of Finance, the required
funding can reasonably be expected to be made available; and
(iii) the Contract includes a provision that the supply of Goods and/or
Services in subsequent years is subject to the approval by Council
of the Budget estimates to meet the proposed expenditures.
(c) The Manager of Procurement may enter into contractual arrangements on
behalf of the Corporation to permit acquisition of Goods and/or Services
based on a per-unit costing basis, without a specific Budget and without
obligation on the part of the Corporation to purchase specific Goods and/or
Services until further authorized in accordance with this By-law. This only
applies to Goods and/or Services that are widely used by the Corporation
and the funding is reasonably expected to be available within Department
Budgets.
6. TRADE AGREEMENTS
(a) Purchasing by the Corporation may be subject to the provisions of Trade
Agreements.
(b) Where an applicable Trade Agreement is in conflict with this By-law, the
Trade Agreement shall take precedence to the extent only of the conflict.
(c) The Procurement Division shall advise the appropriate Director when a
Purchase may not conform to an applicable Trade Agreement as early as
possible in the Bid Solicitation process.
Page 892 of 947
Page 13 of 36
7. ADVERTISING OF BID SOLICITATIONS
(a) Purchases covered by the various monetary thresholds of applicable Trade
Agreements for Goods and/or Services shall, as a minimum:
(i) be advertised on the Bidding System authorized by the Procurement
Division for Bid Solicitations for at least the minimum number of days
preceding the stated Procurement closing date as are required by
the applicable Trade Agreements, subject to reduction, where
permitted by applicable Trade Agreements, where an RFPQ has
been previously issued in advance in accordance with this By-law;
AND
(ii) the Bid Solicitations shall be published on any designated electronic
Canada-wide single point of access as directed by the Government
of Canada.
(b) The Manager of Procurement may publish Bid Solicitations for lesser
amounts if he or she determines that it is in the Corporation’s best interest
to do so.
(c) No additional advertising is required for Purchases where bidders have
been previously pre-qualified in accordance with this By-law.
(d) Advertising is not required for Professional Services that may be provided
only by Ontario licensed professionals.
8. PURCHASING DOCUMENTATION
(a) The use of standard electronic Procurement documents shall be approved
by the Manager of Procurement and the City Solicitor.
(b) A Bid Solicitation may specify a specific product or brand name to ensure
consistency, to minimize risk to the Corporation, or for other valid purposes.
(c) All changes to standard Procurement documents and forms of Contracts
shall be reviewed and approved by the City Solicitor.
(d) Before issuance, all Bid Solicitations shall be reviewed by the Procurement
Division.
9. METHOD OF PURCHASING
(a) Any person Purchasing or Disposing of Goods and/or Services, except
Excluded Purchases, on behalf of the Corporation shall do so using one of
the methods of Purchasing set out in Sections 10 to 21 (“Method of
Purchasing”). The Method of Purchasing may be utilized individually or in
combination with one another, as may be appropriate in the circumstances.
Page 893 of 947
Page 14 of 36
(b) A Procurement using any Method of Purchasing, except for the Exceptions
to the Formal Purchasing Process and Purchases of Low Value, shall be
conducted through or reviewed by the Procurement Division.
10. REQUEST FOR PRE-QUALIFICATION
(a) Where appropriate, the Procurement Division may conduct a Request for
Pre-Qualification (RFPQ) to develop a list of Suppliers that may be eligible
to submit a Bid on subsequent Bid Solicitations or to develop a Roster in
accordance with Section 20.
(b) Pre-qualification under a RFPQ may be considered in the following
circumstances:
(i) the work will require substantial project management by the
Corporation and could result in substantial cost to the Corporation if
the Supplier is not appropriately experienced;
(ii) the Goods and/or Services to be purchased must meet national
safety standards;
(iii) the work involves complex, multi-disciplinary activities, specialized
expertise, equipment, materials or financial requirements;
(iv) the work will consist of miscellaneous repairs and services as
required by the Corporation such as plumbers, electricians, and
drywall contractors;
(v) there could be substantial impact on the Corporation’s operations if
the Purchased work is not satisfactorily performed in a timely
manner; or
(vi) any other circumstances deemed appropriate by the Manager of
Procurement.
(c) Supplier submissions will be evaluated and ranked and a short list of
pre-qualified Suppliers will be invited to participate in the second step of the
two-step Procurement process, being a Request for Proposal or a Request
for Tender, or, if applicable, be placed on a Roster.
(d) An RFPQ is not a legal offer but only an invitation for Suppliers to make
offers, or to have an opportunity to make offers, to the Corporation.
(e) All RFPQs shall be conducted in accordance with submission instructions
in the particular Bid Solicitation and, as applicable, Section 7 of this By-law.
Page 894 of 947
Page 15 of 36
11. REQUEST FOR EXPRESSIONS OF INTEREST
Where appropriate, the Procurement Division may conduct a Request for
Expression of Interest (RFEOI) for the purpose of determining the availability of
Suppliers and for the purpose of compiling a list of potential Suppliers that may be
used as a specific pre-condition of any Method of Purchasing. The receipt by the
Corporation of a potential Supplier’s expression of interest does not create any
obligation between the potential Supplier and the Corporation.
12. LOW VALUE PURCHASES
Department Representatives are authorized to purchase Low Value Goods and/or
Services in accordance with the Purchasing Procedures. Only purchases that can
be demonstrated to be made at Fair Market Value shall be made. Department
Representatives may procure Low Value Goods and/or Services through the
following means:
(a) Purchasing Card used in accordance with the Corporation’s Purchasing
Card Policy, as amended by the Director of Finance, or, in limited situations,
direct invoicing from the Supplier approved by the Department
Representative with authority to approve the purchase; or
(b) Purchase Order if the Supplier will not accept either option in (a) above.
13. INFORMAL REQUEST FOR QUOTATION – SMALL VALUE PURCHASES
Department Representatives are authorized to purchase Small Value Goods
and/or Services through an Informal Request for Quotation in accordance with the
Purchasing Procedures.
(a) If possible, at least three (3) Quotations shall be solicited based on identical
specifications. Quotations received shall be evaluated on the basis of price
and the criteria outlined in the Informal Request for Quotation to determine
the preferred Supplier.
(b) The Purchase Requisition shall be prepared by the Department
Representative, for signature and approval in accordance with the
Purchasing Authorities set out in Schedule “B”.
(c) The Procurement Division shall issue a Purchase Order when it has
received all necessary approvals and the Department Representative, after
due consideration, is satisfied the process and resulting documents comply
with the requirements of Subsection 13(a) of this By-law and are consistent
with the spirit of this By-law as set forth in Section 1 of this By-law.
Page 895 of 947
Page 16 of 36
14. REQUEST FOR QUOTATION – MID VALUE PURCHASES
A Request for Quotation shall be used for Mid Value Purchases in accordance with
the Purchasing Procedures. Quotations received shall be evaluated on the basis
of price and the criteria set out in the RFQ to determine the preferred Supplier. The
results of the RFQ will be reported in accordance with Section 23.
15. REQUEST FOR TENDER – LARGE VALUE PURCHASES
(a) A Request for Tender shall be used for Large Value Purchases if these
conditions apply:
(i) two (2) or more sources are considered capable of supplying the
Goods and/or Services;
(ii) the Goods and/or Services are adequately defined to permit the
evaluation of Bids against clearly defined criteria; and
(iii) it is intended that the Lowest Compliant Bid will be accepted.
(b) All RFTs shall be advertised in accordance with Section 7 except where a
list of potential Suppliers has been compiled through an RFPQ. Only those
prequalified Suppliers shall be notified and only Bids from those prequalified
Suppliers shall be accepted.
(c) Where an Award is recommended, a Bid Approval Report will be prepared
by the Department Representative, for signature and approval in
accordance with the Purchasing Authorities set out in Schedule “B” and all
Contracts shall be executed in accordance with the Document Execution
Authorities set out in Schedule “B”.
(d) The Bid results will be reported in accordance with Section 23.
16. REQUEST FOR PROPOSAL or NEGOTIATED REQUEST FOR PROPOSAL
(a) For Procurements that have a value in excess of Small Value, a Request
for Proposal or Negotiated Request for Proposal shall be issued in the case
where the Method of Purchasing meets one or more of the following criteria:
(i) the Purchase is required as a result of a particular problem,
requirement or objective;
(ii) the selection of the Supplier depends more upon the effectiveness
of the proposed solution, rather than the price alone;
(iii) the precise Goods and/or Services, or the specifications therefor, are
not known or are not definable and it is expected that Suppliers will
further define them.
Page 896 of 947
Page 17 of 36
(b) All RFPs and NRFPs will be evaluated based on the evaluation criteria
outlined in the Bid Solicitation by an evaluation team. The team shall be
comprised of members of the requesting Department who will perform the
evaluations of submissions received. The Procurement Division will be the
moderator of the evaluation process.
(c) RFPs and NRFPs shall be conducted by Procurement Division in
accordance with Section 21.
(d) RFPs and NRFPs shall be advertised in accordance with Section 7, except
where a list of pre-qualified Suppliers has been compiled through an RFPQ.
Only those pre-qualified Suppliers shall be notified and only Bids from those
pre-qualified Suppliers shall be accepted.
(e) Where an Award is recommended, a Bid Approval Report will be prepared
by the Department Representative, for signature and approval in
accordance with the Purchasing Authorities set out in Schedule “B” and
Purchase Orders or Contracts shall be executed in accordance with the
Document Execution Authorities set out in Schedule “B”.
(f) The Bid results will be reported in accordance with Section 23.
17. SPECIAL CIRCUMSTANCE PURCHASES
(a) Purchases that are required to respond to a Special Circumstance shall be
authorized in accordance with Schedule “B”. All such purchases must be
reported to the Procurement Division on the following business day.
(b) Contracts required to effect Special Circumstance purchases shall be
executed in accordance with the Document Execution Authorities set out in
Schedule “B”.
(c) When a Special Circumstance occurs and compliance with subsection 5(a)
of this By-Law is not reasonably achievable prior to the acquisition of
required Goods and/or Services, a Contract may, notwithstanding
subsection 5(a), be awarded, provided that:
(i) The CAO, in addition to all other required Document Execution
Authorities otherwise required by this By-law, has consented to the
Award;
(ii) The CAO, as soon as possible in the circumstances, shall identify
and approve or seek approval of the funds required to pay for the
Purchase relating to the Special Circumstance.
Page 897 of 947
Page 18 of 36
18. SINGLE & SOLE SOURCE PURCHASES
(a) A competitive procurement process is not required for Single or Sole Source
Purchases, provided that one of the following conditions applies:
(i) the compatibility of a Purchase with existing equipment, product
standards, facilities or service is a paramount consideration;
(ii) a Good and/or Service is Purchased for testing or trial use;
(iii) there is an absence of competition for technical reasons and the
Goods and/or Services can only be supplied by a particular Supplier;
(iv) an unforeseeable situation of urgency exists and the Goods and/or
Services cannot be obtained in time by an open purchasing process;
(v) the Corporation has a rental contract with a purchase option and the
exercise of such purchase option is beneficial to the Corporation;
(vi) for matters involving security, police matters or confidential issues,
in which case a Purchase may be made in a manner that protects
the confidentiality of the Supplier or the Corporation;
(vii) for work to be performed on or about a leased building or portions
thereof that may be performed only by the lessor;
(viii) for the purchase of real property;
(ix) for work to be performed on property by a Contractor according to
provisions of a warranty or guarantee held in respect to the property
or original work;
(x) for the purchase of Goods under exceptionally advantageous
circumstances such as bankruptcy or receivership, but not for routine
purchases;
(xi) to ensure compatibility with existing products and services.
Compatibility with existing products or services may not be allowable
if the reason for compatibility is the result of one or more previous
non- competitive Procurements;
(xii) to recognize exclusive rights, such as exclusive licenses, copyright
and patent rights, or to maintain specialized products that must be
maintained by the manufacturer or its representatives;
(xiii) for the Procurement of Goods and Services the supply of which is
controlled by a supplier that has a statutory monopoly;
(xiv) there are no Compliant Bids in response to a Bid Solicitation; or
Page 898 of 947
Page 19 of 36
(xv) a Roster for Professional Services has been developed in
accordance with Section 20 of this By-law and the Services to be
purchased are from a person named in the Roster.
(b) The Bid Approval Report shall be prepared in accordance with Section
23(a).
(c) All Purchases shall be authorized in accordance with the Purchasing
Authorities set out in Schedule “B” and all Contracts shall be executed in
accordance with the Document Execution Authorities set out in Schedule
“B”.
(d) Where required by applicable Trade Agreements, Single or Sole Source
Purchases shall be published on the Bidding System.
19. NEGOTIATION
(a) Notwithstanding that some discussion and Negotiation with potential
Suppliers may be a component of any Purchasing process, Negotiation may
be used for Purchases of Goods and/or Services when any one or more of
the following criteria apply:
(i) the required Goods and/or Services are in short supply;
(ii) competition is precluded due to the existence of any patent right,
copyright, technical secret or control of raw material;
(iii) a Single or Sole Source is being recommended;
(iv) two (2) or more identical Bids are received;
(v) the Lowest Compliant Bid received meets all specifications but
exceeds the Budget amount for the Procurement;
(vi) the extension of an existing Contract would be more effective;
(vii) only one (1) Bid is received in response to a Bid Solicitation;
(viii) a Roster for Professional Services has been developed in
accordance with Section 20 of this By-law and the Services to be
purchased are from a person named in the Roster; or
(ix) there is authorization to do so by the Purchasing Authorities set out
in Schedule “B”.
(b) The Bid Approval Report shall be prepared in accordance with Section
23(a).
Page 899 of 947
Page 20 of 36
(c) All Purchases shall be authorized in accordance with the Purchasing
Authorities set out in Schedule “B” and all Contracts shall be executed in
accordance with the Document Execution Authorities set out in Schedule
“B”.
20. ROSTER FOR PROFESSIONAL OR SPECIALIZED SERVICES
(a) An RFPQ or an RFEOI may be conducted for the purpose of developing
Rosters of qualified Suppliers of Professional Services or Specialized
Services for projects requiring similar and particular expertise. While the
use of a Roster is strictly optional, the associated RFPQ or RFEOI shall be
conducted in accordance with the provisions of this By-law.
(b) All RFPQs and RFEOIs shall be advertised in accordance with Section 7.
(c) An evaluation team shall analyze and evaluate the responses received
using the criteria outlined in the RFPQ or RFEOI to select a number of
qualified Suppliers of Professional Services or Specialized Services to be
placed on Roster.
(d) On subsequent projects, Suppliers of Professional Services or Specialized
Services may be selected from the Roster to submit detailed proposals in
response to a Bid Solicitation, in accordance with Sections 12 through 16
of this By-law and the Consultant Selection Policy, as amended. The
requesting Department shall invite Suppliers on the Roster to provide
Services, using best efforts to equally distribute opportunities amongst the
Suppliers on the Roster. In the event that the Roster includes only one (1)
Supplier, the City shall reserve the right to invite other Suppliers to submit
Bids.
(e) Alternatively, a Supplier may be selected from a Roster to submit a Bid for
Professional Services or Specialized Services in accordance with Section
18 or 19 of this By-law.
(f) Rosters shall be compliant with Trade Agreements and shall only be valid
to a maximum of three (3) years from the date of formation.
21. FORMAL BID PROCESS
(a) All Bids (with the exception of submissions in response to Informal
Requests for Quotations of Small Value) shall be received by the
Procurement Division, in accordance with the instructions in the Bid
Solicitation, and opened at the time stated in the Bid Solicitation.
(b) The Suppliers’ names and the Bid amounts shall be posted on the Bidding
System website.
(c) Bid Irregularities shall be administered in accordance with section 27 Bid
Irregularities.
Page 900 of 947
Page 21 of 36
22. CO-OPERATIVE PROCUREMENT
The Manager of Procurement may enter into arrangements with any government
body, ministry, agency, board, corporation or authority on a co-operative or joint
basis for Purchases of Goods and/or Services where there are economic
advantages in so doing and such Purchases comply with this By-law or the
Purchasing Process and Procedures of the originating agency. Cooperative
Procurement for reporting purposes shall be considered a Request for Proposal or
a Request for Tender based on the process undertaken by the originating agency.
23. REPORTING PROCEDURES
(a) The Procurement Division shall report all Awards in excess of Small Value
to the public via the Bidding System website for RFQs, RFTs, RFPs and
NRFPs.
(b) Award notifications for formal Bids including RFQs and RFTs will be the
awarded bidder’s name and the Bid amount.
(c) Award notification for formal Bids including RFPs and NRFPs will be the
awarded bidder’s name.
24. PRESCRIBED COUNCIL APPROVAL
Notwithstanding any other provision of this By-Law or “The Approved Project By-
Law” No. 2018-02 as amended; the following Awards require Council approval:
(a) the recommended Award exceeds the Large Value threshold and exceeds
the amount already approved for the Award in the Budget of the
Corporation;
(b) the authority to Award has not been expressly delegated to City Staff;
(c) the recommended Award is not the Lowest Compliant Bid in the case of an
RFT or highest scoring proponent in the case of an RFP; or
(d) the recommendation is Single or Sole Source or Negotiation over $100,000.
25. DOCUMENT EXECUTION AUTHORITY
Employees or officers of the Corporation identified in Schedule “B” (Document
Execution Authority) shall have the authority to execute Contracts and all other
documents necessary to effect the Award or Purchase of Goods and/or Services,
up to the prescribed limits, provided that the documents have been prepared in a
form satisfactory to the City Solicitor and that the Procurement and the Award or
Purchase comply with this By-law.
Page 901 of 947
Page 22 of 36
26. FINANCIAL SECURITIES AND INSURANCE
The Procurement Division may require that a Bid be accompanied by Bid Security
to guarantee that the successful Supplier enters into a Contract with the
Corporation.
(a) In addition to the security referred to in Section 26, the successful Supplier
may also be required to provide:
(i) a performance bond to guarantee the performance of the Contract;
(ii) a labour and materials payment bond to guarantee the payment for
labour and materials to be supplied by subcontractors in connection
with a Contract; and/or
(iii) such further security or evidence of compliance as the Procurement
Division deems appropriate in the circumstances.
(b) Prior to the commencement of work, the Supplier shall provide to the
Corporation, proof of insurance in accordance with the Bid Solicitation,
satisfactory to the City Solicitor.
(c) Prior to the Corporation issuing payment to a Supplier, the Supplier shall
provide a Certificate of Clearance from the Workplace Safety and Insurance
Board confirming all premiums or levies have been paid to the Board to
date.
(d) Failure to comply with all terms and conditions of a Bid Solicitation, including
failure to provide proof of insurance as required, shall be just cause for
cancellation of the Award.
27. BID IRREGULARITIES
(a) The Procurement Division will maintain procedures to administer Bid
Irregularities.
(b) Each Bid Solicitation document issued by the Corporation will outline Bid
Irregularities that may lead to the disqualification of a Bid or may require
corrective action to take place in order to make the Bid compliant. The Bid
Irregularities and the response that the Corporation would have to each Bid
Irregularity may change from time to time. The listing of Bid Irregularities
and responses in a Bid Solicitation document is not intended to be a
comprehensive listing of all irregularities.
(c) The process for administering Bid Irregularities shall be in the first instance,
in accordance with the provisions of the Bid Solicitation and in the event the
Bid Solicitation does not provide a full answer to the irregularity in question,
then in accordance with the procedures maintained by the Procurement
Division.
Page 902 of 947
Page 23 of 36
(d) Notwithstanding subsection 27(c), Bid Irregularities shall not be handled in
a manner that, in the opinion of the City Solicitor, would result in the legal
liability of the Corporation arising from the contemplated course of action
that will create a materially more significant risk of legal liability than an
alternative method available to the Corporation.
(e) The Procurement Division will attempt to avoid creating Bid Irregularities by
putting in Bid Solicitations only mandatory requirements that are justifiable
having regard to the Corporation’s needs and requirements and are
commercially reasonable and avoiding mandatory requirements that are not
commercially reasonable.
28. FORM OF CONTRACT
(a) All Awards shall require the issuance of a Contract.
(b) A Purchase Order may be used when the resulting Contract is
straightforward and will refer to the Corporation’s standard terms and
conditions outlined in the Bid Solicitation.
(c) A formal written agreement satisfactory to the City Solicitor shall be used
when the resulting Contract is complex or is a result of a Negotiation.
(d) It shall be the responsibility of the Procurement Division in consultation with
the City Solicitor to determine if it is in the best interest of the Corporation
to establish a Contract with the Supplier.
29. SUPPLIER PERFORMANCE
(a) The Department Representative shall monitor and document the
performance of Suppliers providing Goods and/or Services to that
Department and shall advise the Procurement Division in writing when the
performance of a Supplier has been unsatisfactory.
(b) The Corporation may, in its sole discretion, disqualify a Supplier from
bidding on any Bid Solicitation or reject a Bid submitted by the Supplier if a
Supplier:
(i) has, at any time, threatened, commenced or engaged in a claim or
litigation against the Corporation, except an adjudication under the
Construction Act;
(ii) is a respondent in a claim or litigation initiated by the Corporation;
(iii) previously provided Goods and/or Services to the Corporation in an
unsatisfactory manner;
(iv) has failed to satisfy an outstanding debt owed by the supplier to the
Corporation;
Page 903 of 947
Page 24 of 36
(v) has a history of illegitimate, frivolous, unreasonable or invalid claims
against the Corporation;
(vi) provides incomplete, unrepresentative references, or receives
unsatisfactory external and/or internal references in a reference
check in relation to the Bid Solicitation.
30. DEBRIEFING
All requests for a formal or informal Supplier Debriefing to obtain feedback on why
a Bid was not successful must be received by the City of Niagara Falls in writing
and directed to the Procurement Division. A request for a Supplier Debriefing will
not alter an Award decision.
31. DISPUTE RESOLUTION
(a) The Corporation encourages competitive bidding and an open, accountable
and transparent process for the Purchase of Goods and/or Services.
(b) To maintain the integrity of the Bid Solicitation process, a Supplier that
believes that it has been treated unfairly in a Bid Solicitation (including
pursuant to the requirements of applicable Trade Agreements) may
challenge the process by filing with the Manager of Procurement a
Substantive Objection that details its complaints within;
(i) two (2) business days from the posting of the Bid results on the
Bidding System website for a Request for Quotations or Request for
Tenders; or
(ii) two (2) business days of the Supplier being notified of the results of
a Request for Pre-Qualification, Request for Expression of Interest,
Request for Proposal or Negotiated Request for Proposal.
(c) Upon receipt of the Substantive Objection, the Manager of Procurement
shall request a meeting with all persons named in the Substantive Objection
to discuss the particulars of the claim within seven (7) business days. If
agreed by those attending the meeting that the matter can best be handled
by a written response only, the Manager of Procurement or Designate shall
with the assistance of those named prepare a written response and send it
to the company or person that issued the Substantive Objection.
(d) If the matter cannot be best handled by a written response, a meeting will
be convened between those who have been named in the Substantive
Objection and the originator of the Substantive Objection. The Manager of
Procurement or Designate shall chair such meeting and appoint a meeting
recorder to record all pertinent conversation. If the Substantive Objection
can be resolved at this meeting a written report of such resolution shall be
sent by the Manager of Procurement or Designate to all who were in
attendance.
Page 904 of 947
Page 25 of 36
(e) In the event a resolution cannot be achieved at said meeting described in
31(d) above and the originator of the Substantive Objection requests to
further prosecute the Substantive Objection, the Manager of Procurement
or Designate shall contact the City Solicitor. The Substantive Objection shall
then be handled by the City Solicitor in accordance with established
procedures for processing such claims.
(f) To ensure that the Dispute Resolution process for the particular Bid
Solicitation process is seen to be fair and impartial, elected officials shall
not advocate on behalf of Suppliers who have submitted a Substantive
Objection.
32. LOBBYING RESTRICTIONS
(a) Lobbying restrictions shall apply to Suppliers, their staff members, or
anyone involved in preparing a Bid. No Suppliers, their staff members, or
anyone involved in preparing a Bid shall engage in any form of political or
other Lobbying whatsoever or seek to influence the outcome of the Bid
Solicitation process or subsequent Award. This restriction extends to all the
Corporation’s staff and anyone involved in preparing a Bid Solicitation or
participating in a Bid evaluation process and members of Council.
(b) The Corporation may reject any Bid by a Supplier that engages in such
Lobbying, without further consideration, and may terminate that Supplier’s
right to continue in the Procurement process.
(c) During a Procurement process, all communications shall be made through
the Procurement Division. No Supplier or person acting on behalf of a
Supplier or group of Suppliers, shall contact any elected official, consultant
or any employee of the Corporation to attempt to seek information or to
influence the Award.
(d) Elected officials shall refer any inquiries about a Bid Solicitation process to
the Manager of Procurement.
33. ACCESS TO INFORMATION
(a) The disclosure of information received relevant to Bid Solicitations or
Awards shall be made by the appropriate officers in accordance with the
provisions of all relevant privacy legislation, including primarily the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O.
1990, c. M.56, as amended.
Page 905 of 947
Page 26 of 36
All Suppliers who Contract with the Corporation shall adhere to or exceed
the standards set in the Municipal Freedom of Information and Protection
of Privacy Act and the Personal Health Information Protection Act, 2004,
S.O. 2004, c. 3, Sched. A, and other relevant Ontario or Federal Privacy
Legislation or common law as may be passed or amended from time to time,
as though they were agents of the Corporation as relates to the confidential
and secure treatment, including collection, use, disclosure or retention, of
personal information or personal health information, other confidential
information of the Corporation, and all records thereof with which they come
into contact in the course of performing Services or providing Goods to the
Corporation.
34. SURPLUS ASSETS
(a) Department Managers shall submit to the Procurement Division from time
to time and upon request, a list of Surplus Assets in accordance with the
Purchasing Procedures.
(b) All Surplus Assets shall first be offered to other Departments.
(c) The Procurement Division shall have the authority to sell or dispose of all
Surplus Assets, by sealed bid, public auction, any other public sale or
donation.
(d) The sale of Surplus Assets shall be made to the highest bidder and in
accordance with the provisions of this By-law.
(e) Surplus Assets shall not be sold directly to an employee or to a member of
Council, although this does not prohibit any employee or member of Council
from purchasing Surplus Assets being sold through a public process.
(f) Surplus Assets not required by any Department may also be offered to area
municipalities, agencies and charitable organizations within the Niagara
Region prior to any public Disposal procedure. Donations to non-profit
agencies or non-profit institutions should be for educational or teaching
purposes only. All donated Surplus Assets must be approved by the
Director of Finance.
(g) If it is determined that the Goods have no residual value, the Procurement
Division may dispose of them as waste.
(h) Co-ordination of the disposal of unsafe or hazardous surplus items shall be
with Service Center Stores staff.
35. COMPLIANCE
(a) All persons involved in the Purchase or Disposal of Goods and/or Services
provided for in this By-law, shall act in a manner consistent with the
requirements and objectives of this By-law.
Page 906 of 947
Page 27 of 36
(b) Purchases may not be divided into two (2) or more parts to avoid the
requirements of this By-law.
(c) Any Goods and/or Services that are obtained in contravention of this By-
law will be subject to investigation by the Corporation, following which the
Corporation will take the necessary corrective action.
(d) Any employee of the Corporation who knowingly contravenes this By-law is
committing a serious act of misconduct and may be held personally liable
for the full value of the Purchase or Disposal and disciplinary action up to
and including termination.
(e) Non-compliant Purchases or obligations entered into for a Good or Service
can be completed by the Corporation if deemed appropriate to avoid legal
jeopardy and/or undue disruption to program delivery. The Manager of
Procurement and the Director of Finance are required to approve all non-
compliant exceptions and upon such approval being provided, such non-
compliant exceptions shall be deemed for the purposes of this subsection
to be in compliance with this By-law.
36. ENVIRONMENTALLY SOUND ACQUISITIONS
Departments will endeavour to include specifications in Bid Solicitations that
provide for energy efficient products, reusable products and products that contain
the lowest possible level of post-consumer waste and/or the highest possible
recyclable content, without significantly affecting the intended use of the Good or
Service.
37. CONFLICT OF INTEREST
(a) Personal Purchases shall not be made for any elected or appointed officials,
members of a board or commission, or for Corporation officers, employees
or their families.
(b) An employee of the Corporation who has the responsibility for declaring
Surplus Assets shall not bid on or personally obtain any goods that he or
she has declared as surplus.
(c) Every elected official, officer and employee of the Corporation and members
of an elected official, officer or employee’s family are expressly prohibited
from accepting, directly or indirectly, from any person, company, firm or
corporation to which any Purchase Order or Contract is, or might be
awarded, any rebate, gift or money, except gifts of a nominal value as
defined in the City’s Conflict of Interest Policy, as amended.
Page 907 of 947
Page 28 of 36
(d) All elected officials, officers and employees of the Corporation shall declare
any Conflicts of Interest to the Director of Finance and shall have no
involvement in a Procurement process where a real or perceived Conflict of
Interest has been found or deemed to exist in accordance with the City’s
Conflict of Interest Policy, as amended, including, but not limited to:
(i) requesting the Goods and/or Services, setting the parameters of the
Purchase, evaluating Bids or recommending, deciding or making
Awards;
(ii) direct contact with those making those Purchasing decisions, both in
the Procurement Division and the user Department.
(e) Suppliers shall not be allowed to submit a Bid for any Bid Solicitation in
which the Supplier has participated in the preparation of the Bid Solicitation,
and any such Bid submitted shall be disqualified.
38. SEVERABILITY
If any Section or Sections of this By-law or parts thereof are found by an adjudicator
of competent jurisdiction to be invalid or beyond the power of Council to enact,
such Section or Sections or parts thereof shall be deemed to be severable and all
other sections or parts of the By-law shall be deemed to be separate and
independent there from and shall continue in full force and effect unless and until
similarly found invalid or beyond the power of the Council to enact.
39. BY-LAW REVIEW
The Director of Finance shall review the effectiveness of this By-law at least every
five (5) years and report to Council as necessary.
40. GENERAL
(a) That Supply and Services Policy 2004 of The Corporation of the City of
Niagara Falls shall be repealed effective on the date this By-law comes into
force.
(b) That, notwithstanding Subsection 40 (a) the Supply and Services Policy of
The Corporation of the City of Niagara Falls shall continue to apply to all Bid
Solicitations commenced before its repeal.
(c) The short title of this By-law is the “Procurement By-Law”.
Page 908 of 947
Page 29 of 36
41. EFFECTIVE BY-LAW DATE
This By-law shall come into force and effect on the 1st day of February 2021.
Read a first, second and third time; passed, signed and sealed in open Council this
19th day of January, 2021.
..................................................................... ....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 909 of 947
Page 30 of 36
Schedule “A”
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
EXCEPTIONS TO FORMAL PURCHASING PROCESS
The Purchase of the items in Schedule “A” shall be made in accordance with Section 3
of this By-law.
1. Petty Cash items
2. Training and Education
(a) Conferences, conventions, courses and seminars
(b) Magazines, books, periodicals
(c) Memberships
(d) Staff Development
3. Refundable Employees Expenses
(a) Advances
(b) Meal Allowances
(c) Travel and Entertainment
(d) Miscellaneous - Non-Travel
4. Employer’s General Expenses
(a) Payroll Deductions Remittances
(b) Medical
(c) Licenses (Vehicle, Firearms, etc.)
(d) Customs Brokerage Fees
(e) Debenture Payments
(f) Insurance Premiums
(g) Grants to Agencies
(h) Damage Claims
(i) Petty Cash Replenishment
(j) Tax Remittances
Page 910 of 947
Page 31 of 36
(k) City charges to and from other government bodies
(l) Sinking Fund Payments
(m) Payment for employment (i.e. Contract employees)
(n) Employee Benefits
(o) Postage
5. Professional and Special Services
(a) Committee Fees
(b) Medical and Laboratory Services
(c) Fees for professional legal or related expert services
(d) Integrity Commissioner
(e) Payments to Social Service and Health Agencies that are subject to
Purchase of Service Agreements, such as childcare providers.
(f) Medical and Dental fees
(g) Funeral and Burial expenses
(h) Appraiser Fees
(i) Witness fees
(j) Honoraria
(k) Advertising
6. Ongoing maintenance and software licencing agreements for equipment such as
computer hardware and software, telecommunications equipment, elevators, and
HVAC equipment.
7. Banking Services and Charges
8. Utilities (monthly charges)
a) Water and Sewer
b) Hydro
c) Gas
d) Communication Infrastructure Services such as Bell, Cogeco, Rogers, etc.
Page 911 of 947
Page 32 of 36
e) Utility relocations
f) Construction work completed by Railways and billed to the Corporation.
9. Real Property
a) Acquisition or Disposal of Real Property including easements and right-of-
ways through a rental, lease, purchase or sale.
10. Resale Items
Page 912 of 947
Schedule “B”
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
PURCHASING AND EXECUTION AUTHORITY
Page 33 of 36
Method of Purchasing Dollar Value Purchasing Authority* Document Execution
Authority **
Payment Release
Authority***
Low Value
Purchasing Card
Direct Invoice
Up to $2,500 Department Representative Department Representative
within Signing Authority /
Department Manager
Department
Representative within
Signing Authority /
Department Manager
Request for Quotation –
Small Value Quotes
Purchase Order
> $2,500 to $25,000 Department Representative Department
Representative/Manager
within Signing Authority /
Director or Designate /
Manager of Procurement
Department
Representative /
Manager within Signing
Authority / Director
Request for Quotations or
Proposals – Mid Value
Purchase Order or
Agreement Executed By
Legal Department
> $25,000 to $100,000 Department Representative Department Director or
Designate / Manager of
Procurement, Director of
Finance and CAO over
$50,000
Department Director or
Designate / Director of
Finance and CAO over
$50,000
Request for Tender or
Proposals – Large Value
Purchase Order or
Agreement Executed by
Legal
Agreement Executed By
Legal Department
> Greater than
$100,000
Department Representative
Council as per subsection
(24) / Director of Finance and
CAO if already approved in
the Budget
Department Director or
Designate / Director of
Finance and CAO
Mayor and City Clerk
Page 913 of 947
Schedule “B”
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
PURCHASING AND EXECUTION AUTHORITY
Page 34 of 36
Method of Purchasing Dollar Value Purchasing Authority* Document Execution
Authority **
Payment Release
Authority***
Single Source, Special
Circumstances and
Negotiation
Purchase Order or
Agreement Executed By
Legal Department
> $2,500 to $25,000
(Small Value)
> $25,000 to $100,000
(Mid Value)
> Greater than
$100,000
(Large Value)
Department Manager / With
Manager of Procurement
Approval
Department Manager / With
Manager of Procurement /
Director of Finance and CAO
Approval
Council
Director and Manager of
Procurement
Director and Manager of
Procurement, Director of
Finance and CAO over
$50,000
Mayor and City Clerk
Department
Representative within
Signing Authority /
Department Manager
Director and Director of
Finance and CAO over
$50,000
Director and Director of
Finance and CAO
* “Purchasing Authority” means those positions listed and includes any position that is higher in the Corporation’s
reporting structure based on approved Budget amount.
** “Document Execution Authority” means those positions listed that are permitted to execute documents based on the
Corporation’s By-laws.
*** “Payment Release Authority” as per Accounts Payable Invoice Authorization Signing Authority list, as amended.
Page 914 of 947
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
INDEX
Page 35 of 36
PURPOSES, GOALS AND OBJECTIVES OF THIS BY-LAW ....................................... 1
DEFINITIONS ................................................................................................................ 2
APPLICATION ............................................................................................................... 9
RESPONSIBILITIES AND AUTHORITIES ................................................................... 10
REQUIREMENT FOR APPROVED FUNDS ................................................................ 12
TRADE AGREEMENTS ............................................................................................... 12
ADVERTISING OF BID SOLICITATIONS .................................................................... 13
PURCHASING DOCUMENTATION ............................................................................. 13
METHODS OF PURCHASING .................................................................................... 13
REQUEST FOR PRE-QUALIFICATION ...................................................................... 14
REQUEST FOR EXPRESSIONS OF INTEREST ........................................................ 15
LOW VALUE PURCHASES ......................................................................................... 15
REQUEST FOR QUOTATION – SMALL VALUE PURCHASES ................................. 15
REQUEST FOR QUOTATION – MID VALUE PURCHASES ....................................... 16
REQUEST FOR TENDER – LARGE VALUE PURCHASES ........................................ 16
REQUEST FOR PROPOSAL or NEGOTIATED REQUEST FOR PROPOSAL ........... 16
SPECIAL CIRCUMSTANCE PURCHASES ................................................................. 17
SINGLE & SOLE SOURCE PURCHASES ................................................................... 18
NEGOTIATION ............................................................................................................ 19
ROSTER FOR PROFESSIONAL OR SPECIALIZED SERVICES ............................... 20
FORMAL BID PROCESS ............................................................................................. 20
CO-OPERATIVE PROCUREMENT ............................................................................. 21
REPORTING PROCEDURES ...................................................................................... 21
PRESCRIBED COUNCIL APPROVAL ......................................................................... 21
DOCUMENT EXECUTION AUTHORITY ..................................................................... 21
FINANCIAL SECURITIES AND INSURANCE ............................................................. 22
BID IRREGULARITIES ................................................................................................ 22
FORM OF CONTRACT ................................................................................................ 23
SUPPLIER PERFORMANCE ....................................................................................... 23
DEBRIEFING ............................................................................................................... 24
DISPUTE RESOLUTION ............................................................................................. 24
Page 915 of 947
PROCUREMENT BY-LAW
THE CORPORATION OF THE CITY OF NIAGARA FALLS
INDEX
Page 36 of 36
LOBBYING RESTRICTIONS ....................................................................................... 25
ACCESS TO INFORMATION ...................................................................................... 25
SURPLUS ASSETS ..................................................................................................... 26
COMPLIANCE ............................................................................................................. 26
ENVIRONMENTALLY SOUND ACQUISITIONS ......................................................... 27
CONFLICT OF INTEREST ........................................................................................... 27
SEVERABILITY ............................................................................................................ 28
BY-LAW REVIEW ........................................................................................................ 28
GENERAL .................................................................................................................... 28
EFFECTIVE BY-LAW DATE ........................................................................................ 29
SCHEDULE “A” – EXCEPTIONS TO FORMAL PROCUREMENT PROCESS ................ 30
SCHEDULE “B” – PURCHASING AND EXECUTION AUTHORITY ................................. 33
Page 916 of 947
CITY OF NIAGARA FALLS
By-law No. 2021 -
A by-law to designate Block 2, Registered Plan 59M-474, not to be subject to part-lot
control (PLC-2020-005).
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 by By-law No. 79-200, as amended by By-law
No. 2013-126 to permit on-street townhouse dwellings;
AND WHEREAS the owner of the said lands proposes to divide Block 2 into 6 parcels, 2
with easements, 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 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 2,
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 19th day of January, 2021.
........................................................... .............................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\PART LOT CONTROL\2020\PLC-005\By-law.docx
Page 917 of 947
CITY OF NIAGARA FALLS
By-law No. 2021 -
A by-law to designate Lots 479, 480, 481, 482, 483 and 484 on Plan 9, and, Park Street,
also known as Union Avenue on Plan 9 (Closed by By-law SN159532), to be deemed not
to be within a registered plan of subdivision (DB-2020-011).
WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council
of a local municipality may by by-law, designate any plan of subdivision, or part thereof,
that has been registered for eight years or more, to be deemed not to be a registered plan
of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990;
AND WHEREAS the said land is within plans of subdivision registered in 1885;
AND WHEREAS to facilitate the legal merger of the said lands with Lot 486 on Plan 297
except Part 1 on 59R-13223; Lots 487 & 488 on Plan 297 except Part 11 on 59R-13223;
Lot 485 on Plan 9 except Part 3 on 59R-13223, and, Part Lots 492 & 493 on Plan 297 as
in RO618081 except Parts 2 & 4 on 59R-13223, the passing of a by-law as provided in
subsection 50(4) is necessary;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the
Regional Municipality of Niagara deems it expedient to designate the said land to be
deemed not to be within a registered plan of subdivision as provided in said subsection
50(4).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT S
AS FOLLOWS:
1. Lots 479, 480, 481, 482, 483 and 484 on Plan 9, and, Park Street, also known as
Union Avenue on Plan 9 (Closed by By-law SN159532), in the City of Niagara
Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a
registered plan of subdivision for the purpose of subsection 50(3) of the Planning
Act, R.S.O.1990.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 19th day of January, 2021.
................................................................. ........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\DEEMING BY-LAW\DB-2020-011, 5525 Victoria Avenue\Deeming By-law.docx
Page 918 of 947
CITY OF NIAGARA FALLS
By-law No. 2021-
A by-law to amend By-law No. 79-200, to permit a 4 storey hotel and a 7 storey hotel on
the lands and to repeal By-law No. 2006-93 (AM-2020-013).
WHEREAS the City’s Official Plan contains policies to ensure the creation of a high -quality built
form and urban environment in the City’s tourist districts and to provide the opportunity to approve
zoning by-law amendments which permit increases in building heig hts in return for improvements
to the public realm as authorized by Section 37 of the Planning Act;
AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality
may, in a by-law passed under Section 34 of the Planning Act, authorize increases in the height
or density of development in return for the provision of such facilities, services or matters as are
set out in the amending by-law;
AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land
elects to provide facilities, services or matters in return for an increase in the height or density of
development, the municipality may require the owner to enter into one or more agreements with
the municipality dealing with the facilities, services or ma tters;
AND WHEREAS the owners of the lands that are the subject of this by-law has elected to provide
the facilities, services and matters set out in this by-law;
AND WHEREAS the increase in the height of development permitted hereunder, beyond that
otherwise permitted on the lands by By-law No. 79-200, is to be permitted in return for the
provision of facilities, services and matters set out in this by-law and secured by one or more
agreements between the owners of the lands and the City;
AND WHEREAS the City requires the owners of the lands to enter into one or more agreements
dealing with certain facilities, services and matters in return for the increase in height in connec tion
with the lands as permitted;
AND WHEREAS City Council has held a Public Meeting to consider these matters, including an
increase in height;
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 the provisions of this by-law are
described in Appendix 1 and Schedules 1 and 2 of this by-law and shall be referred
to in this by-law as the “Lands”. Appendix 1 and Schedules 1 and 2 are 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.
Page 919 of 947
2
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) a hotel with or without a public dining room, and;
(b) the uses permitted in the TC zone.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot area The whole of the Parcel as shown on
Schedule 1
(b) Location of buildings or
structures, their
maximum height and
maximum number of
storeys and minimum
yards
Refer to Schedule 2 and clause (c) of this
section
(c) Maximum height of a
building or structure
27 metres as measured from the average
finished grade level at the front elevation
of the building or 7 storeys, whichever is
lesser, including the roof feature, as
required by clause (d) of this section and
subject to section 8 of this by-law
(d) Roof feature The hotel shall have a roof feature which
has a height of not less than 6 metres
above the top storey. The roof feature
shall be a distinct architectural element of
the building and shall not contain a place
of occupancy
(e) Minimum landscaped
open space
12% of the lot area
(f) Minimum number of
loading spaces
1, in accordance with the dimensions
contained in Section 4.20.1 of By-law No.
79-200
(g) The balance of the regulations specified for a TC use.
Page 920 of 947
3
6. The owner of the land described in Section 1 of this by-law is required, pursuant
to subsection 37(3) of the Planning Act, to enter into one or more agreements with
the City in order to secure the facilities, services and matters referred to in section
7 of this by-law and such agreements are to be registered on title.
7. The height of the building or structure permitted by section 5 of this by-law shall
only be permitted subject to compliance with the conditions set out therein and in
return the owner of the land described in section 1 of this by-law, providing the
following facilities, services or matters to the City, namely;
(a) Streetscape improvements to the street frontage along Victoria Avenue
adjoining the subject land described in section 1 of this by-law, inclusive but
not necessarily limited to sidewalks, street trees, street furniture, street
lighting and landscaping, not covered by Development Charges and 1
percent parkland dedication, as detailed in the City’s Tourist Area
Streetscape Master Plan; and,
(b) A building design approved by Council, as contained in the bonusing clause
of the agreement, referred to in section 6 of this by-law, which assists in
adding a distinct and interesting element of the City of Niagara Falls skyline.
The design shall include distinctive massing, surface articulation and a roof
feature.
8. For the purpose of this by-law, “roof feature” means a distinct architectural element
erected above the top storey of the hotel tower component and shall not contain a
place of occupancy or be use for commercial purposes, but shall be constructed
to enhance the design of the hotel building and may enclose any roof mounted
mechanical equipment, mechanical penthouse, or other similar elements.
Notwithstanding section 4.7 of By-law 79-200, and except for any flagpoles or other
similar decorative roof features and radio, telephone, television or
telecommunications towers or antennae, no water tank, elevator or other
mechanical penthouse or other similar elements shall have a greater height th an
the roof feature.
9. 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 .
10. No person shall use the Lands for a use that is not a permitted use.
11. No person shall use the Lands in a manner that is contrary to the regulations.
12. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By-
law No. 79-200 by rezoning the Lands from TC numbered 75 and 746 to TC and
numbered 75 and 1142.
13. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1142 Refer to By-law No. 2021-___.
Page 921 of 947
4
14. By-law No. 2006-93 is repealed and section 19.1.5 and 19.1.746 of By-law No. 79-
200 is deleted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 19th day of January, 2021.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2020\By-laws\AM-2020-013 By-law.docx
Page 922 of 947
8 .8 m
1 6 .7 m 29.5m33.9mR=63m45.7m4 5 .9 m58.0m46 .9 m
87.5m
18 .2 m
0.9m
B e n d e r S t PalmerAvVictoria AvHunter St
SCHEDULE 1 TO BY-LAW NO. 2021-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2020\Schedule\Zoning\13\Zoning_bylaw_AM_2020_013_Schedule1.mxd
1923222 Ontario Limited (Mike Bufalino)
272503000308100, 272503000311400 AM-2020-013
¹
1/4/2021
Description:SEE APPENDIX 1
TC
NTS
1142
Page 923 of 947
0.3m0.4m
1m
0.3m
PP3m
3.6m3.4 m
3m
3.9 m
8 .8 m10.7m12.2m12 .5 m
16 .7 m
1 6 .7 m
17.2m23.6m25.9m
27.5m29.5m33.9mR=36m45.7m45 .9 m58.0m46 .9 m
87.5m51.1m24m12m48m0.9 m
18 .2 m
33 .5 m
B e n d e r S t PalmerAvVictoria AvHunter St
SCHEDULE 2 TO BY-LAW NO. 2021-
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2020\Schedule\Zoning\13\Zoning_bylaw_AM_2020_013_Schedule2_Height.mxd
1923222 Ontario Limited(Mike Bufalino)
272503000308100272503000311400
AM-2020-0131/5/2021
Description:SEE APPENDIX 1
Building Heights
Maximum No.of Storeys MaximumHeight
12m4
7 27m
¹NTS
Tower andRoof Feature
Podium
Page 924 of 947
CITY OF NIAGARA FALLS
By-law No. 2021-
A by-law to provide for the adoption of Amendment No. 137 to the City of Niagara Falls
Official Plan, in accordance with an Order issued by the Local Planning Appeal Tribunal
dated December 16, 2020 (AM-2018-028).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, HEREBY ENACT AS FOLLOWS:
1. The attached text and maps constituting Amendment No. 137 to the City of Niagara
Falls Official Plan is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 19th day of January, 2021.
........................................................ ...................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 925 of 947
OFFICIAL PLAN AMENDMENT NO. 137
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to designate the lands on the east side of
Portage Road south of Virginia Street, known as 4174 -4204 Portage Road, as a
special policy area to provide additional residential density on the lands in the form
of a mixed use commercial/residential building.
(ii) Location of the Amendment
The amendment applies to lands shown on Map 1.
(iii) Details of the Amendment
Map Changes
MAP 1 - Schedule “A” to the Official Plan – Land Use has been amended to show
the Special Policy Area designation; and
MAP 2 - Schedule “A.2 (c)” to the Official Plan – Stamford Node Height Strategy
has been amended to show the site specific height and density.
Text Change
PART 2, SECTION 13 – SPECIAL POLICY AREAS is amended by the addition of
Subsection 13.77.
(iv) Basis of the Amendment
The applicants (2451513 Ontario Inc.) propose to develop the land with a mixed
use commercial/residential building at a density above that identified in the Official
Plan.
The lands are designated Major Commercial in the Official Plan and subject to the
Stamford Node Intensification policies under Part 1 of the Official Plan. The policies
of the Stamford Node promote the development of mixed use buildings, street level
commercial uses which engage pedestrians, integrated parking structures and
share parking arrangements within multiple use buildings. Amenity space for
residential uses is to be provided in the form of on-site green space, balconies and
roof-top terraces. Height and densities of development is illustrated on Schedule
A-2 (c) and prescribed as 4 to 6 stories in height and maximum density of 100 units
per hectare.
Page 926 of 947
The owner submitted an application for an official plan amendment and zoning by-
law amendment to allow a 6 storey building having 175 square metres of
commercial space on the ground floor, together with amenity space for the building
and 52 dwelling units on floors 2 to 6. The proposed residential density was 134
units per hectare. The site was designed to provide 52 surface parking spaces and
20 parking spaces in an underground parking garage. Shared parking was
proposed for the development consisting of 7 spaces dedicated to the commercial
unit(s) with the balance of the parking spaces provided for the residential
component at a parking ratio of 1.25 spaces per dwelling unit. In addition, the
owner agreed to enter into a Section 37 Agreement for a financial contribution
toward public benefits in return for the increase in density.
A Statutory Public Meeting was held by City Council on August 13, 2019. The
Council considered the application having regard to Planning staff report PBD -
2019-48, agency comments and the written and oral submissions of th e public.
The Council adopted a motion to deny the application due to its height density for
the site and increased traffic volume. An excerpt of the Council Minutes is attached
as Appendix 1.The owner appealed the decision of Council to the Local Planning
Area Tribunal (LPAT).
The owner subsequently entered into mediation to settle the appeal. The owner
proposed to step back the sixth floor of the building to provide a greater separation
distance from the detached dwellings on the adjacent properties to the east. Thus
providing the appearance of a lower building. In addition, the owner proposed to
provide 12 dwelling units to be made available as affordable housing. The
provision of affordable dwelling units aligns with Council’s Strategic Priorities and
the reduction of height was seen as reducing the impact of the development on
adjacent residences to the east. These changes constitute the settlement between
the parties to be presented to LPAT.
Page 927 of 947
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the
Map Changes and Text Change, constitute Amendment No. 137 to the Official Plan of the City of
Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGES
MAP 1 - Schedule “A” to the Official Plan - Future Land Use, is hereby amended by
redesignating the lands identified on Map 1 attached hereto, as Special Policy Area “77”;
and
MAP 2 - Schedule “A-2 (c)” to the Official Plan – Stamford Node - Height Strategy, is
hereby amended to label the subject lands as “4 - 6 stories; Maximum Density 164 uph as
identified on Map 2, attached hereto.
2. TEXT CHANGE
PART 2, SECTION 13 - SPECIAL POLICY AREAS is hereby amended by adding the
following subsection:
13.77 SPECIAL POLICY AREA “77”
Special Policy Area "77" applies to 3,942 square metres of land on the east side
of Portage Road south of Virginia Street. Lands may be developed for mixed use
commercial/residential purposes in accordance with Part 1, Section 3, Policies
3.15; 3.16.1; 3.16. 2; 3.16.5; 3.16.6; 3.16.7; 3.16.9; and
13.77.1 The building height shall step back above the fifth floor along the east
side of the building, save and except for stairwells, elevator shafts and
mechanical penthouse. Ground floor commercial uses shall occupy 50
percent of the building frontage to engage the street and pedestrian
environment.
13.77.2 The maximum density shall be 164 dwelling units per hectare. The
owner shall enter into a Section 37 Agreement with the City, to be
registered on title, to provide a financial contribution toward public
benefits and to secure affordable housing units.
13.77.3 Twelve (12) ground floor dwelling units are to be designed as affordable
housing units and made available for purchase by persons on the
Niagara Regional Housing wait list, whose annual income is in the third
percentile of the annual average income within the Region.
Page 928 of 947
Drummond RdPor
t
age RdCarroll AvC r a w f o r d S t
She l d o n St
GallingerSt
Vir gi n i a S t
MAP 1 TO AMENDMENT NO. ___SCHEDULE TO A TO THE OFFICIAL PLAN
Proposed Change To Add: SPECIAL POLICY AREA
City of Niagara Falls Official PlanExcerpt from SCHEDULE - A - FUTURE LAND USE PLAN
K:\GIS_Requests\2018\Schedule\Zoning\28\Zoning_bylaw_AM_2018_028_OfficialPlan.mxd AM-2018-028
¹
8/6/2020
1:nts
Area Affected by this Amendment
Industrial
Major Commercial
Residential
NOTE: This schedule forms part of Amendment No. ___ to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text.
Ā
Ā
Page 929 of 947
Drummond RdPor
t
age RdCarroll AvC r a w f o r d S t
She l d o n St
GallingerSt
Vir gi n i a S t
MAP 2 TO AMENDMENT NO. ___SCHEDULE TO A.2(c) TO THE OFFICIAL PLAN
City of Niagara Falls Official PlanExcerpt from SCHEDULE - A.2(c) - Stamford Node Height Strategy
K:\GIS_Requests\2018\Schedule\Zoning\28\Zoning_bylaw_AM_2018_028_OfficialPlanMap2.mxd AM-2018-028
¹
9/23/2020
1:nts
Area Affected by this Amendment
Proposed Change to Remove and Replace Schedule A-2(c) in its entirety
NOTE: This schedule forms part of Amendment No. ___ to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text.
Max No, Storey MaxDensity MinDensity
2-3 50 uph 20 uph
4-6 100 uph 20 uph
4-10 150 uph 20 uph
4-6 StoreysMax. Density164 uph
Page 930 of 947
CITY OF NIAGARA FALLS
By-law No. 2021 -
A by-law to amend By-law No. 79-200, in accordance with an Order issued by the Local Planning
Appeal Tribunal dated December 16, 2020, to allow a six storey building on the lands with limited
commercial uses on the ground floor, 12 affordable dwelling units on the ground floor, 52 dwelling
units above the ground floor and site specific parking requirements (AM-2018-028).
WHEREAS the lands are located within the Stamford Intensification Node in the City’s Official
Plan where residential intensification can occur either in the form of apartment buildings or mixed
commercial and residential buildings;
AND WHEREAS developments within the Stamford Intensification Node may develop up to six
storeys in height and a density of 100 units per hectare;
AND WHEREAS within mixed use buildings, commercial uses shall fully occupy the whole of the
ground floor, preferably with retail or service commercial uses located such that they provide a
pedestrian presence along the street;
AND WHEREAS the proposed mixed use building is six storeys in height, but includes dwelling
units on the ground floor and provides a density of 164 units per hectare which exceeds the upper
limit allowed to be considered on the lands;
AND WHEREAS a Special Policy Area designation is proposed to be applied to the lands in the
City’s Official Plan through an amendment to allow the development’s departure from the policies
for the Stamford Intensification Node in return for a financial contribution and the provision of
affordable dwelling units. Policies are to identify that these public benefits are to be authorized by
an agreement pursuant to Section 37 of the Planning Act;
AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality
may, in a by-law passed under Section 34 of the Planning Act, authorize increases in the height
or density of development otherwise not permitted by the existing by-law that will be permitted in
return for the provision of such facilities, services or matters as are set out in the amending by-
law;
AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land
elects to provide facilities, services or matters in return for an increase in height or density of
development, the municipality may require the owner to enter into one or more agreements with
the municipality dealing with the facilities, services or matters;
AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities,
services and matters as are hereinafter set forth;
AND WHEREAS the increase in the density and form of the development permitted hereunder,
beyond that otherwise permitted on the aforesaid lands by the Official Plan, is to be permitted in
return for the provision of facilities, services and matters set out in this by-law and to be secured
by one or more agreements between the owner of such lands and the Corporation of the City of
Niagara Falls (hereinafter referred to as the “City”);
AND WHEREAS the facilities, services and matters secured under the aforesaid agreements is
a financial contribution and affordable dwelling units;
AND WHEREAS it is the express intent of Council that a portion of the building, authorized by
this by-law, be and continue to be a source of affordable dwelling units as defined.
Page 931 of 947
2
AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more
agreements dealing with certain facilities, services and matters in return for the increase in density
in connection with the aforesaid lands as permitted;
AND WHEREAS City Council has held a Public Meeting and considered these matters, including
an increase in density;
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 the provisions of this by-law are described
in Schedule 1 of this by-law and shall be referred to 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 constitute the permitted uses, required uses and regulations
governing the permitted and required uses on and of the Lands.
4. The permitted uses shall be the uses permitted in a GC zone, Section 8.2.1, save and
except for (k) Drive-in Restaurant; (o) Health Centre; (z) Place of Entertainment; (gg)
Restaurant; or (jj) Tavern. Section 8.2.1 (nn) shall read: Dwelling units in a building in
combination with one or more of the permitted uses listed provided not more than 97.2 %
of the total floor area is used for dwelling units, including affordable dwelling units and
such dwelling units may be located on the ground floor.
5. The required uses shall include 12 affordable dwelling units
6. The regulations governing the permitted and required uses shall be:
(a) Minimum lot area 0.39 hectares
(b) Minimum lot frontage 62 metres
(c) Minimum front yard depth 2 metres
(d) Minimum rear yard depth 22 metres
(e) Maximum number of all dwelling units 64
(f) Minimum number of affordable dwelling units as
defined in section 8 of this by-law
12
(g) Maximum lot coverage 30%
(h) Minimum landscaped open space 22 % of the lot area
(i) Maximum height of a building or structure 22 metres subject to section 4.7 of
By-law No. 79-200
(j) Maximum storeys 6
Page 932 of 947
3
7. An accessory structure is permitted in accordance with the provisions of Section 4.13.
8. The owner of the Lands is required, pursuant to subsection 37(3) of the Planning Act, to
enter into an agreement with the City in order to secure the facilities, services and matters
referred to in section 8 of this by-law and such agreement is to be registered on title.
9. The Lands shall only be developed subject to the owners of the Lands agreeing to provide
a financial contribution and to provide affordable dwelling units which are defined as
dwelling units made available in accordance with the rules of Niagara Regional Housing
prior to the issuance of an occupancy permit.
10. The Lands shall not be developed until such time that an agreement pursuant to section
7 of this by-law is provided.
11. 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.
12. No person shall use the Lands for a use that is not a permitted or required use.
13. No person shall use the Lands in a manner that is contrary to the regulations.
14. The provisions of this by-law shall be shown on Sheet C3 of Schedule “A” of By-law No.
79-200 by numbering the Lands 1132.
15. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1132 Refer to By-law No. 2021 - ____ .
Read a First, Second and Third time; passed, signed and sealed in open Council
this 19th day of January, 2021.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2018\By-laws\Byam028-LPAT Ordered.docx
(k) Maximum total floor area for commercial uses 175 square metres
(l) Minimum number of parking spaces for a dwelling
unit
1.25 spaces per unit
(m) Minimum number of parking spaces for an
affordable dwelling unit
none
(n) Maximum projection of balconies into the required
side yard
1.1 metres
(o) Minimum number of loading spaces 1
(p) The balance of regulations specified for a GC use
Page 933 of 947
9.3 m
12.2m1 3.6 m
24.3m6 2.1 m
62.4m63 .0m
9.3 m12.1m12.2mPORTAGE RDCARROLL AVV I R G I N I A S T
Schedule 1 to By-law No. 2020-
Subject Land:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2018\Schedule\Zoning\28\bylaw_AM2018_028.mxd
2451513 Ontario Inc
272504000409100; 272504000409200;272504000409300; 272504000409400;272504000409500
AM-2018-028
¹
9/21/2020
Description:PART BLOCK A, PLAN 56 (STAMFORD) DESIGNATED AS PART 1, PLAN 59R16535; CITYOF NIAGARA FALLS
NTS
GC
1132
Page 934 of 947
CITY OF NIAGARA FALLS
By-law No. 2021 -
A by-law to declare Vacant Land between 3846 Portage Road and 3843 Orlando Drive,
being Part Block M on Plan 33 being Part 2 on 59R-11823, and, Part Block L on Plan
M33 being Part 1 on 59R-11823, as surplus.
WHEREAS City of Niagara Falls By-law No. 2003-16, as amended by 2005-123,
governing the sale of land by the City of Niagara Falls provides that prior to selling any
land, the Council of The Corporation of the City of Niagara Falls shall by by-law or
resolution declare the land to be surplus;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its
meeting of January 19, 2021, adopted the Recommendations of Council Report L-2021-
01, to declare Part Block M on Plan 33 being Part 2 on 59R-11823 (PIN 64278-0201),
and, Part Block L on Plan M33 being Part 1 on 59R-11823 (PIN 64278-0199), as
surplus.
AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems
it expedient to pass this by-law;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. That Part Block M on Plan 33 being Part 2 on 59R-11823, and, Part Block L on
Plan M33 being Part 1 on 59R-11823, in the City of Niagara Falls, in the
Regional Municipality of Niagara, is hereby declared surplus.
2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all
documents that may be required for the purpose of carrying out the intent of this
by-law and the Clerk is hereby authorized to affix the corporate seal thereto and
to deliver such documents.
Read a First, Second and Third time; passed, signed and sealed in open Council
this nineteenth day of January, 2021.
................................................................ ................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 935 of 947
CITY OF NIAGARA FALLS
By-law No. 2020 -
A by-law to establish Part 8 on 59R-7160 (one foot reserve) as a public highway to be
known as, and, form part of Post Road.
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 it was a requirement of the City, with the registration of the Ascot Woods
Extension 1 Subdivision (Plan M-78), that certain one foot reserves along various sections
of the roads were transferred to the city to limit access to the road by adjacent property
owners;
AND WHEREAS subsequent to the registration of the Ascot Woods Extension 1
Subdivision, the Committee of Adjustment granted severances for lands adjacent to part of
the one foot reserve (B-2017-017 and B-2017-019);
AND WHEREAS in order for the owners of 8252 Post Road and 8250 Post Road to have
legal access to their properties, Part 8 on 59R-7160 must be declared as a public highway
so that the properties will have frontage on a public highway;
AND WHEREAS it is deemed desirable to declare Part 8 on 59R-7160, as a public
highway, forming part of Post Road.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. That PCL B-1 Sec M78; Part Block D (Reserve) Plan M78 designated as Part 8 on
59R-7160 being PIN 64304-0062 (LT) (the “Subject Lands”) is hereby established,
laid out and declared as a public highway forming part of Post Road, for public use.
2. That upon passage of this by-law, 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.
3. 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
19th day of January, 2021
................................................................................ .....................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 936 of 947
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2021 -
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Prohibited)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000, as amended, is hereby further amended
(a) by removing from the specified columns of Schedule C thereto the following item:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Prince Edward East A point 32 metres north of Lundy’s Lane At All Times
Avenue and High Street Except by Permit
(b) by adding to the specified columns of Schedule C thereto the following item:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Prince Edward East A point 50 metres north of Lundy’s Lane At All Times
Avenue and High Street Except by Permit
Page 937 of 947
This By-law shall come into force when the appropriate signs are installed.
Passed this nineteenth day of January, 2021.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: January 19, 2021
Second Reading: January 19, 2021
Third Reading: January 19, 2021
Page 938 of 947
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2021 -
A by-law to amend By-law No. 2014-65, being a By-law
to establish a System of Administrative Penalties
respecting the stopping, standing or parking of vehicles
in the City of Niagara Falls.
--------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. Schedule “A" of By-law No. 2014-65, as amended, is deleted and replaced with the following:
1. For the purposes of section 3 of this By-law, Column 1 in the following table lists the
provisions in the Traffic By-law No. 89-2000, as amended that are hereby designated for the
purposes of 3(1)(b) of the Regulation.
2. Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1.
3. Column 3 in the following table sets out the Administrative Penalty amounts that are
payable for contraventions of the designated provisions listed in Column 1.
ITEM
COLUMN 1
Designated
Provisions
COLUMN 2 Short Form Wording COLUMN 3
Administrative
Penalty
Bylaw Section VIOLATION Fine
89-2000 201.01 (STOP/STAND/PARK) FACING WRONG WAY $30
89-2000 201.02 (STOP/STAND/PARK) TOO FAR FROM EDGE OF ROAD/CURB $30
89-2000 201.03 (STOP/STAND/PARK) TOO FAR FROM EDGE OF SHOULDER $60
SCHEDULE “A”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW
DESIGNATED BY-LAW PROVISIONS – TRAFFIC BY-LAW NO. 89-2000
Page 939 of 947
89-2000 201.04
(STOP/STAND/PARK) FACING WRONG WAY ON THE LEFT SIDE OF A
ONE-WAY HIGHWAY $60
89-2000 201.05
(STOP/STAND/PARK) TOO FAR FROM LEFT EDGE/CURB OF A ONE
WAY HIGHWAY $30
89-2000 201.06
(STOP/STAND/PARK) TOO FAR FROM LEFT SHOULDER EDGE OF A
ONE-WAY HIGHWAY $30
89-2000 201.07 (STOP/STAND/PARK) CONTRARY TO DESIGNATEDANGLE $30
89-2000 201.08 (STOP/STAND/PARK) NOT WITHIN DESIGNATED SPACE $30
89-2000 201.09
(STOPPING/STANDING/PARKING) ON ROADWAYSIDE OF OTHER
VEHICLE $60
89-2000 202.02 PARK REPEATEDLY (AT/NEAR) ONE LOCATION $30
89-2000 202.03
(STOP/STAND/PARK) A LARGE MOTOR VEHICLE IN A RESIDENTIAL
AREA $60
89-2000 203.01 STOP ON/OVER/PARTLY ON SIDEWALK $60
89-2000 203.01 STOP WITHIN AN INTERSECTION $60
89-2000 203.01 STOP ON OR BESIDE A MEDIAN $60
89-2000 203.01 STOP ADJACENT TO OBSTRUCTION SO AS TO IMPEDE TRAFFIC $60
89-2000 203.01 STOP WITHIN A CROSSWALK $60
89-2000 203.01 STOP ON/IN OR WITHIN 30M OFBRIDGE/STRUCTURE/TUNNEL $60
89-2000 203.01.06 PARK ON BOULEVARD WHERE PROHIBITED $30
89-2000 203.03 STOP WHERE PROHIBITED BY SIGN $60
89-2000 204.01 STAND NEAR DESIGNATED BUS STOP $60
89-2000 204.02 STAND WHERE PROHIBITED BY SIGN $60
89-2000 205.01
PARK SO AS TO OBSTRUCT VEHICLE IN USE OF LANEWAY OR
DRIVEWAY $30
89-2000 205.01
PARK ON A DRIVEWAY TOO CLOSE/ON SIDEWALK OR EDGE OF
ROADWAY $30
89-2000 205.01 PARK FOR SERVICING OTHER THAN EMERGENCY $30
89-2000 205.01 PARK WITHIN 10M OF AN INTERSECTION $30
89-2000 205.01 PARK WITHIN 3M OF A FIRE HYDRANT $60
89-2000 205.01 PARK FOR MORE THAN 12 HOURS $30
89-2000 205.01 PARK ON AN INNER BOULEVARD $30
89-2000 205.01
PARK IN FRONT OF OR WITHIN 1.5M OF LANEWAY, DRIVEWAY OR
CURB CUT/DEPRESSED CURB $30
89-2000 205.01 PARK BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. $30
89-2000 205.01 PARK FOR DISPLAY OF SALE OR LEASE OF VEHICLE $30
89-2000 205.01.03 PARK ON BOULEVARD $30
89-2000 205.01.12 PARK A HEAVY VEHICLE BETWEEN THE HOURS OF 2:00 & 6:00 A.M. $90
89-2000 205.01.13 PARK A HEAVY VEHICLE ON A BOULEVARD $90
89-2000 205.02.09 PARK IN A CUL-DE-SAC $30
89-2000 205.03 PARK WHERE PROHIBITED BY SIGN $30
89-2000 205.04
PARK TRAILER/COMMERCIAL VEHICLE WHEREPROHIBITED BY
SIGN $30
89-2000 207.01 PARK OVER TIME LIMIT WHERE PROHIBITEDBY SIGN $30
89-2000 209.01 PARK NOT ADJACENT TO METER $30
89-2000 209.01.03 ANGLE PARK AT METER - WRONG DIRECTION $30
89-2000 209.02 PARKED OUTSIDE METERED SPACE $30
Page 940 of 947
89-2000 209.03 PARK IN OCCUPIED METER SPACE $30
89-2000 209.03 PARK AT COVERED METER $30
89-2000 209.05 DEPOSIT UNLAWFUL COIN IN PARKING METER $30
89-2000 209.06.01 RCP USAGE $0
89-2000 209.06.01 PARK OVER TIME LIMIT - METERED ZONE $25
89-2000 209.06.02 PARK AT EXPIRED METER $25
89-2000 209.06.03 PARK AT EXPIRED METER DESIGNATED STREETS $15
89-2000 209.1 (STOP/STAND/PARK) TAXICAB IN METERED PARKING SPACE $30
89-2000 301.02 PARK WHERE PROHIBITED - PUBLIC VEHICLE PARKING ZONE $30
89-2000 301.03 STAND WHERE PROHIBITED - PUBLIC VEHICLE BUS STOP $60
89-2000 303.03 STOP A MOBILE CANTEEN WHERE PROHIBITED $60
89-2000 304.01 STAND AT A TAXI STAND $50
89-2000 305.01 STOP TO (LOAD/UNLOAD) WHERE PROHIBITED $60
89-2000 305.02 STOP IN LOADING ZONE $60
Page 941 of 947
2. Schedule “B” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
1 For the purposes of section 3 of this By-law, Column 1 in the following table lists the provisions
in the Municipal Parking By-law No. 80-77, as amended that are hereby designated for the
purposes of 3(1)(b) of the Regulation.
2 Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1.
3 Column 3 in the following table sets out the Administrative Penalty amounts that are
4 payable for contraventions of the designated provisions listed in Column 1.
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Designated Short Form Wording Administrative
Provisions Penalty
1. 2 Park- Private property where prohibited by sign $30.00
2. 3 Park- City property where prohibited by sign $30.00
SCHEDULE “B”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW
DESIGNATED BY-LAW PROVISIONS – PRIVATE PARKING BY-LAW NO. 80-77
Page 942 of 947
3. Schedule “C” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
1 For the purposes of section 3 of this By-law, Column 1 in the following table lists the provisions
in the Municipal Parking By-law No. 96-50, as amended that are hereby designated for the
purposes of 3(1)(b) of the Regulation.
2 Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1.
3 Column 3 in the following table sets out the Administrative Penalty amounts that are payable
for contraventions of the designated provisions listed in Column 1.
ITEM
COLUMN 1
Designated
Provisions
COLUMN 2 Short Form Wording COLUMN 3
Administrative
Penalty
96-50 14 PARK ON DAYS OR TIMES NOT PERMITTED $25
96-50 14 PARKED LONGER THAN PERMITTED BY METER $25
96-50 15(B) PARK AT EXPIRED METER $25
96-50 15.(c) PARK AT EXPIRED METER DESGINATED LOTS $25
96-50 23 PARK DISPLAYING EXPIRED TICKET $25
96-50 23 PARK DISPLAYING NO TICKET $25
96-50 6.(B) PARKED WITHOUT A VALID PERMIT $30
SCHEDULE “C”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW
DESIGNATED BY-LAW PROVISIONS – MUNICIPAL PARKING BY-LAW NO. 96-50
Page 943 of 947
4. Schedule “D” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
1 Provisions in the Fire Route By-law No. 80-114, as amended that are hereby designated
for the purposes of 3(1 )(b) of the Regulation.
2 Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1.
3 Column 3 in the following table sets out the Administrative Penalty amounts that are
payable for contraventions of the designated provisions listed in Column 1.
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Designated Short Form Wording Administrative
Provisions Penalty
1. 3 Park in a fire route where prohibited by $110.00
sign
SCHEDULE “D”
CITY OF NIAGARA FALLS ADMINISTRATIVE BY-LAW
DESIGNATED BY-LAW PROVISIONS – FIRE ROUTE BY-LAW NO. 80-114
Page 944 of 947
5. Schedule “E” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
Provisions in the Handicapped By-law No. 94-262, as amended that are hereby designated for
the purposes of section (8) of the Regulation.
1 Column 2 in the following table sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column
2 Column 3 in the following table sets out the Administrative Penalty amounts that are
payable for contraventions of the designated provisions listed in Column 1.
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Designated Short Form Wording Administrative
Provisions Penalty
94-262 8 Use of Handicapped Space by other than
physically disabled person $300.00
SCHEDULE “E”
CITY OF NIAGARA FALLS ADMINISTRATIVE BY-LAW
DESIGNATED BY-LAW PROVISIONS – FIRE ROUTE BY-LAW NO. 80-114
Page 945 of 947
6. Schedule “F” of By-law No. 2014-65, as amended, is deleted and replaced with the following:
Note:
The fees and charges as listed in this Schedule "F" to this By-law will be subject to
Harmonized Sales Tax (H.S.T.) where applicable.
This By-law shall come into force immediately.
Passed this nineteenth day of January, 2021.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: January 19, 2021
Second Reading: January 19, 2021
Third Reading: January 19, 2021
ITEM FEE
Hearing Non-appearance Fee $50.00
Late Payment Fee $20.00
MTO Search Fee $15.00
Screening Non-appearance Fee $25.00
SCHEDULE “F”
CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW
ADMINISTRATIVE FEES
Page 946 of 947
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
19th day of January, 2021.
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 19th day of January 2021
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 19th day of January, 2021.
.............................................................. .............................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 947 of 947