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01-17-2023
AGENDA City Council Meeting Tuesday, January 17, 2023 4:00 PM - Council Chambers/Zoom App. All Council Meetings are now open to the public in person, in Council Chambers or watched virtually. All electronic meetings can be viewed on this page, the City of Niagara Falls YouTube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera (Updated) January 17, 2023 - Resolution to go In-Camera 13 2. CALL TO ORDER O Canada: Performed by: Ella Sacco (Singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 3. ADOPTION OF MINUTES 3.1. Council Minutes of December 13, 2022 Minutes - City Council - 13 Dec 2022 - Pdf 14 - 27 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a minimum of 5 minutes to make their presentation. Page 1 of 450 6.1. Civic Recognitions - Niagara Falls Girls Minor Softball Association - 2022 Ontario Select Softball Tournament Association (OSSTA) Champions Mayor Diodati to recognize the accomplishments of the following teams from the Niagara Falls Girls Minor Softball Association Thundercats Select Teams. All of the following teams won medals a the provincial championships at the end of August, 2022: 1.U13 Squirt Select Gold 2.U15 Novice Select Gold 3.U17 Bantam Select Gold 4.U19/U21 Midget Select Gold Gregg Fortushniok, League President, will be the representative and will provide a few words to summarize the highlights of the teams' acheivements. 6.2. Heart Niagara - Presentation (Presentation added) Karen Stearne, Executive Director of Heart Niagara is requesting to speak before Council, thanking the municipality for its ongoing support of Heart Niagara and providing an update on 2022 successes. Heart Niagara - Presentation 28 - 45 6.3. F-2023-02 (Presentation and Correspondence added) 2023 Boards and Commissions, Fee for Service, Grants and Honorariums Recommendations The following grant recipient groups are requesting to speak before Council: 1. Women's Place of South Niagara - Jennifer Gauthier, Executive Director 2. Project Share - Pam Sharp, Executive Director 3. YWCA Niagara Region - Elisabeth Zimmermann, Executive Director - updating Council on the programs and services offered by the YWCA in Niagara Falls. F-2023-02 - Pdf Correspondence from Pam Farrell - Grow Community Food Literacy Centre 46 - 104 Page 2 of 450 Presentation - Women's Place of South Niagara - City of Niagara Falls -2023 2022 Gratitude Report - WPSN Client Testimonial Presentation - Project Share -City Council - January 2023 Presentation - YWCA Niagara Falls City Council Presentation 01- 23 MR Correspondence from Resident - Comment for the 1 17 2023 council meeting re F-2023-02 report 17 01 2023 12 7. PLANNING MATTERS 7.1. PBD-2023-02 (Agent's presentation - added) AM-2022-022 Zoning By-law Amendment Application 7961 Booth Street Applicant: Antonio Gallo Agent: Mitchell Baker (LandPro Planning) Nick DeBenedetti, Planner 2, will provide and overview of the report PBD-2023-02. PBD-2023-02 - Pdf Presentation - Public Meeting - AM-2022-022 (7961 Booth Street) Comments from residents (Redacted) Presentation - (Agent) GALLO 7961 Booth St 2023-01-13 105 - 128 8. REPORTS 8.1. CAO-2023-01 (Correspondence added) Fallsview BIA request on forgive contribution for Convention Centre CAO-2023-01 - Pdf Correspondence from Resident - Comment for the 1 17 2023 council meeting re CAO-2023-01 report 17 01 2023 4 129 - 137 Page 3 of 450 8.2. PBD-2023-01 Official Plan Amendment No. 149, Updated Housing Policies PBD-2023-01 - Pdf Draft OPA- Niagara Falls ILS- 06.04.21-YY.DOCX 138 - 149 8.3. PBD-2023-03 (Correspondence added) Grassy Brook Secondary Plan: Project Initiation Report PBD-2023-03 - Pdf Correspondence from Resident - Comment for the 1 17 2023 council meeting re PBD-2023-03 report 17 01 2023 5 150 - 156 8.4. PBD-2023-04 (Correspondence added) 26CD-11-2019-004, Modification to a Draft Plan of Vacant Land Condominium 6400 & 6420 Kalar Road Applicant: 2670279 Ontario Inc. (Lise Pietrangelo) Agent: Craig Rohe (Upper Canada Consultants) PBD-2023-04 - Pdf Correspondence from Resident - Comment for the 1 17 2023 council meeting re PBD-2023-04 report 17 01 2023 6 157 - 170 8.5. PBD-2023-05 (Correspondence added) Honourary Street Naming Policy PBD-2023-05 - Pdf Correspondence from Resident - Comment for the 1 17 2023 council meeting re PBD-2023-05 report 17 01 2023 7 171 - 182 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. Page 4 of 450 9.1. CLK-2023-01 Post Election Accessibility Report CLK-2023-01 - Accessibility Report - Pdf 183 - 186 9.2. COMM-2023-01 2022 WonderFalls Pass COMM-2023-01 - Pdf 187 - 188 9.3. F-2023-01 Monthly Tax Receivables Report - November F-2023-01 - Pdf 189 - 192 9.4. F-2023-04 2023 Interim Tax Levy F-2023-04 - Pdf 193 - 194 9.5. MW-2023-01 Summary of 2022 Traffic & Parking By-law Amendments MW-2023-01 - Pdf 195 - 198 9.6. L-2023-01 (Report and Correspondence added) Encroachment Agreement with the City 4943 Clifton Hill and Encroachment into Clifton Hill Road Allowance (Niagara Clifton Group/Burland Investments Limited) Our File No.: 2022-152 L-2023-01 - Pdf Correspondence from Resident - Comment for the 1 17 2023 council meeting re CONSENT AGENDA report 17 01 2023 8 199 - 206 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Page 5 of 450 Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1 through to and including Item #10.4. 10.1. Proclamation and Flag-Raising Request - Crime Stoppers of Niagara The board of Crime Stoppers Niagara is requesting the City of Niagara Falls to proclaim and recognize January 2023 as Crime Stoppers Month throughout the community. Additionally, the Board is requesting a flag-raising event to promote Crime Stoppers Month. Proclamation and Flag-Raising - Crime Stoppers of Niagara 207 10.2. Flag-Raising Request - Bell Let's Talk Day 2023 A request to have the City of Niagara Falls show support by raising a Bell Let's Talk flag in our community on January 25, 2023 or during the week leading up to Bell Let's Talk Day. Flag-Raising - Bell Let's Talk Day 2023 208 - 209 10.3. Flag-Raising Request - National Day of Bulgaria The Consulate General of the Republic of Bulgaria is requesting a flag-raising ceremony in Niagara Falls to recognize the National Day of Bulgaria (Liberation Day) held on Friday, March 3rd, 2023. Flag-Raising Request - National Day of Bulgaria 210 - 211 10.4. Proclamation Request – Multiple Myeloma Awareness Day Attached is a request for the City of Niagara Falls to proclaim Friday, March 31st, 2023 as “Multiple Myeloma Awareness Day.” Multiple Myeloma is a blood cancer of the plasma cells. Myeloma Canada is looking to have all parts of Canada recognize this disease and bring awareness to it. March is recognized in the US as International MM Awareness Month. Multiple Myeloma Awareness Day.msg 212 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Page 6 of 450 RECOMMENDATION: THAT Council receive and file for information Item #11.1 through to and including Item #11.13. 11.1. Stop Bill 23: Protecting the Greenbelt and Build Real Affordable Housing - Petition from staff and residents of Willoughby Manor Retirement Home The residents and staff of Willoughby Manor Retirement Home are looking to voice their concerns about Bill 23 and are requesting it to be stopped. petition Bill 23 213 - 214 11.2. Resolution - City of Kingston - New Motion 2 - Bill 23 - More Homes Built Faster Act 2022 Attached is resolution passed by they Kingston City Council on December 6, 2022. Resolution - City of Kingston - New Motion 2 - Premier Ford 215 - 217 11.3. Resolution - Municipality of Greenstone Attached is a resolution from the Council of the Municipality of Greenstone with regards to Bill 3. LT_Res 22-396 Expansion of Bill 3 218 - 219 11.4. Resolution - Municipality of Tweed - Natural Gas Rate Increases Attached is a resolution from the Council of the Municipality of Tweed requesting the City of Niagara Falls' consideration and support regarding increasing costs of natural gas in the Province of Ontario. Natural Gas Resolution 220 11.5. Correspondence from Joedy Burdett (Updated) Correspondence from Joedy Burdett 221 - 338 11.6. Congratulatory Letter from Enbridge On behalf of the team at Enbridge Gas, attached is a letter of congratulations to the Mayor and Council on the success in the recent election. City of Niagara Falls Mayor Diodati Letter 339 11.7. NPCA Board of Directors' Reports (Updated) 340 - 364 Page 7 of 450 The attached two reports are for circulation to Council as adopted by the NPCA Board of Directors at their meeting of December 16, 2022. RE Follow-up to NPCA Board of Directors' Report No. FA-56-22 RE Status Update on CA Programs and Services Further to Royal Assent of Bill 23.msg Report No. FA-51-22 RE Enhanced Watershed Restoration and Stewardship Program 11.8. Letter from Minister Steve Clark - Minister of Municipal Affairs and Housing Attached is a letter from the Honourable Steve Clark, Minister of Municipal Affairs and Housing providing updates on recent legislative and regulatory changes regarding Ontario's housing supply crisis. 234-2022-6136 HoC Housing Regs MG Letter SIGNED 365 - 370 11.9. Letter from Minister Steve Clark - Minister of Municipal Affairs and Housing Attached is a letter from Minister Clark updating on key initiatives to help meet the government's goal of building 1.5 million new homes over the next 10 years. 234-2022-5422 EN Head of Council Letter Jan 2023 SIGNED 371 - 372 11.10. Ministry of Natural Resources and Forestry Attached is correspondence from the Ministry of Natural Resources and Forestry regarding legislative and regulation changes affecting conservation authorities. Minister of Natural Resources and Forestry Updates_December282022-FINAL 373 - 375 11.11. Letter/Poem written by Robert Osborne See attached letter and poem written by Robert Osborne about the struggles experienced by average Canadians and request for financial aid. Maple Leaf Tax Cover Letter Maple Leaf Tax Bob Osborne2 revised 376 - 379 Page 8 of 450 11.12. Memo from Recreation, Culture and Facilities – Tennis Clubs of Canada Partnership Attached is a memo from Rob McDonald, Manager of Arenas & Athletic Fields, informing Council of a partnership with the Tennis Clubs of Canada (TCC) Memo - Tennis Clubs of Canada Partnership 380 - 381 11.13. Niagara Falls Tourism - Board of Representatives Attached is correspondence informing Council of the current NFT Board of Directors. Niagara Falls Tourism - Board of Directors 382 - 384 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Niagara Chair-A-Van Resident and active user of Niagara Chair-A-Van, Sandy Bird, has addressed a letter to Council regarding the Niagara Chair-A- Van service. RECOMMENDATION: For the Information of Council and that the correspondence be forwarded to the Niagara Region Transit (NRT). Correspondence from Sandy Bird - Niagara Chair-A-Van 385 12.2. Victoria Centre BIA - Board of Directors Attached for Council's approval is the Board of Directors for the 2022-2026 term as voted in at the Annual Victoria Centre BIA Annual General Meeting that was held on Tuesday, November 29, 2022. RECOMMENDATION: That Council approve the Victoria Centre BIA Board of Directors, as listed, for the 2022-2026 term. General Board Contact Sheet 2022-2026 386 12.3. Niagara Falls Library Board Appointments Alicia Subnaik Kilgour, CEO/Chief Librarian, is informing Council of the Niagara Falls Public Library Board Appointments, asking for Council to appoint the Board for the 2023-2026 term RECOMMENDATION: That Council appoint the following residents to the Niagara Falls Library Board for the 2023-2026 term as recommended by the Interview Panel: Anne Andres-Jones 387 - 389 Page 9 of 450 John Anstruther Barbara Ness Kathy Tsiantoulas Tim Tredwell Sabrina Mongrain Jacqueline Roddy Recommendations on Niagara Falls Public Library Board Appointments 12.4. Downtown BIA - Slate of Officers (Comments added) Attached for Council's approval is the Slate of Officers for the 2023-2026 term as voted on by the Board. RECOMMENDATION: That Council approve the Downtown BIA's Slate of Officers, as listed, for the 2023-2026 term. Slate of Officers - Downtown BIA - Council Letter 2023 Comments from Phil Ritchie Correspondence from Resident- Comment for the 1 17 2023 council meeting re Downtown BIA Downtown BIA - Slate of Officers report 17 01 2023 2 By-laws-of-the-NFBIA-2020 FINAL-Constitution-of-the-NFBIA-2020 390 - 422 13. RESOLUTIONS 13.1. Resolution to Council Federation of Canadian Municipalities (FCM) - Election to the Board of Directors That Council of the City of Niagara Falls endorse (INSERT NAME OF ELECTED OFFICIAL) to stand for election on FCM’s Board of Directors for the period starting in January 2023 and ending (INDICATE END DATE - must be at minimum until June 2023); and BE IT FURTHER RESOLVED that Council assumes all costs associated with (INSERT NAME OF ELECTED OFFICIAL) attending FCM’s Board of Directors meetings. 423 - 427 Page 10 of 450 No. 1 - Resolution - Federation of Canadian Municipalities (FCM) - Election to the Board of Directors Email from Jason Burgess to Council Members, regarding Call for Nominations 13.2. Resolution to Council 26CD-11-2019-004, Modification to a Draft Plan of Vacant Land Condominium 6400 & 6420 Kalar Road Applicant: 2670279 Ontario Inc. (Lise Pietrangelo) Agent: Craig Rohe (Upper Canada Consultants) That subject to subsection 51(47) of the Planning Act, 1990 R.S.O Council deems the change in the conditions of approval of the plan of condominium minor and exempts the requirement for circulating a written notice. No. 2 - Resolution to Council - 26CD-11-2019-004 428 14. RATIFICATION OF IN-CAMERA 15. NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 16. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2023- 001. A by-law to provide an interim levy of realty taxes. By-law 2023-001 - 2023 Interim Levy Bylaw 429 2023- 002. 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. 430 - 432 Page 11 of 450 By-law 2023-002 - 2023 JAN 17 By-law Enforcement Officers 2023- 003. A by-law to establish Block 212 on Plan 59M-384 (one foot reserve) as a public highway to be known as, and form part of, Angie Drive. By-law 2023-003 -By-Law to Establish Highway (lift one foot reserve) - Blk 212 - Angie Drive 433 2023- 004. A by-law to provide for Council Member appointments to certain Boards, Commissions and Committees. By-law 2023-004 - Council Member Appointments By-law 434 - 435 2023- 005. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Yield Signs at Intersections, Stop Signs at Intersections) By-law 2023-005 - Jan 17 2023- Stopping Prohibited, Parking Prohibited, Stop Signs, Yield Signs 436 - 439 2023- 006.. A by-law to provide for the adoption of Amendment No. 149 to the City of Niagara Falls Official Plan. By-law 2023-006 OPA 149 Housing Policies 440 - 449 2023- 007. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17th day of January, 2023. 01 17 23 Confirming By-law 450 17. ADJOURNMENT Page 12 of 450 The City of Niagara Falls, Ontario Resolution January 17, 2023 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on January 17, 2023, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (c) a proposed or pending acquisition or disposition of land by the municipality or local board. (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. THEREFORE BE IT RESOLVED that on January 17, 2023 Niagara Falls City Council will go into a closed meeting to consider matters that fall under section 239 (2) (c) and (e) to discuss a proposed disposition of land within the Montrose Business Park as well as for reasons of litigation or potential litigation for matters before the Ontario Land Tribunal. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 13 of 450 MINUTES City Council Meeting 4:00 PM - Tuesday, December 13, 2022 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, December 13, 2022, at 4:00 PM, in the Council Chambers, with the following members present: PRESENT: Councillor Tony Baldinelli, Councillor Wayne Campbell, Mayor Jim Diodati, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson EXCUSED: 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth-Ann Nieuwesteeg That Council enter into an In-Camera session. Carried Unanimously (Councillor Campbell was absent from vote). 2. CALL TO ORDER The meeting was called to order at 4:34 PM. 3. ADOPTION OF MINUTES 3.1. Council Minutes of November 22, 2022 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council approve the minutes of the November 22, 2022 meeting as presented. Carried Unanimously 3.2. Council Minutes of November 18, 2022 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council approve the minutes of the November 18, 2022 meeting as presented. Carried Unanimously Page 1 of 14 Page 14 of 450 3.3. Correspondence from Joedy Burdett - Adoption of Minutes 3.4. Correspondence from Joedy Burdett - regarding Bill 23 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Victor Pietrangelo declared a conflict of interest to the following matters on agenda: • Item #9.4 - MW-2022-56 - Removal of School Crossing Guard - deals with the Niagara Catholic District School Board, which is Councillor Pietrangelo's employer. • Items #11.1, #11.3 and #11.7 as all these matters discusses Bill 23 and family owns land which can be affected. • Item #11.6 - Niagara Falls Hydro Holding Consolidated Financial Statements - as a member of Councillor Pietrangelo's family was involved with preparing the statements. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Bryan Strange - Uncle of Councillor Mike Strange b) Mayor Diodati provided the following updates regarding recent events: Push for Change – Joe Roberts [photo was shown] • Joe Roberts—“Skid Row CEO” • Shopping cart across Canada in 2016 • One of his favourite stops—Table Rock House in Niagara Falls • He and his wife Marie raise funds for social.. awareness • His book, “The Push for Change” • Thank you to Chief Jo Zambito for bringing this inspiring speaker • Also attended by o Councillor Patel and Councillor Nieuwesteeg Check your Smoke Detector Pizza Party [photo was shown] • Promoting fire prevention • Stat re functioning smoke detectors • Contest engaged the community and winners: Isherwood Family Flag Raisings [photos were shown] • AIDS Awareness—also attended by Councillors Mona Patel and Tony Baldinelli • National Day of Romania— Grand Openings/ Business Happenings [photos were shown] • Chrispy African Market—also attended by Councillor Pietrangelo, Councillor Patel, Councillor Nieuwesteeg and Councillor Baldinelli • Smokeshow Cigars—also attended by Councillor Patel, Councillor Nieuwesteeg and Councillor Baldinelli c) The next Council meeting is scheduled for Tuesday, January 17, 2023. 6. DEPUTATIONS / PRESENTATIONS Page 2 of 14 Page 15 of 450 6.1. South Niagara Hospital Development Presentation Niagara Health provided the Niagara Falls City Council with an update on the new South Niagara Site hospital project, as we get closer to the construction stage of this exciting project. Niagara Health presented its request to the City of Niagara Falls for the municipality's local share commitment toward the new hospital. The following staff from Niagara Health made the presentation: • Lynn Guerriero, President & CEO • Dr. Johan Viljoen, Chief of Staff • Angela Zangari, Executive Vice President, Finance, Redevelopment and Support Services, Chief Financial Officer • Cliff Harvey, Chief Planning Officer The South Niagara Site is located on 50 acres at the corner of Biggar Road and Montrose Road in Niagara Falls. The hospital will be 10 -12 storeys high, totaling 1.2 Million square feet, with 469 Beds, 8 Operating Suites ‘ and Centres of Excellence for Complex Care, Wellness in Aging and Stroke. The project team is working toward the South Niagara Hospital being the first WELL® certified hospital in Canada. WELL® certification will improve the work- life experience and promote well-being for staff and physicians who will travel across Niagara, and overall improve the experience for all who use the building. The site will also be the first hospital of its kind to have an Indigenous Healing Space and Garden to create a culturally safe and welcoming space for Indigenous People. At the meeting, Niagara Health requested the municipality's local share commitment toward the new hospital to be $30-32 million. The following staff presented information pertaining to the South Niagara Hospital Development: • Sam Valeo - Director, Building & Enforcement Services • Erik Nickel - General Manager, Municipal Works • Andrew Bryce - Director of Planning, Building & Development Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg That Council receive the presentation made by Niagara Health and staff for information. Carried Unanimously 7. PLANNING MATTERS 7.1. PBD-2022-74 AM-2022-019, Zoning By-law Amendment 5073 Kitchener Street Page 3 of 14 Page 16 of 450 Proposal: Convert the existing single detached house into a Vacation Rental Unit Applicant: Monique Reid Agent: NPG Planning Solutions (Aaron Butler) The public meeting commenced at 5:32 PM. Alexa Cooper, Planner 2, provided an overview of the report PBD-2022-74. 5073 Kitchener Street is designated Tourist Commercial, which permits Vacation Rental Units (VRU) but is currently zoned Deferred Tourist Commercial (DTC), which does not permit a Vacation Rental Unit. Council approved the site-specific Deferred Tourist Commercial zone that would permit the VRU in the existing building. The property is within walking distance of the tourism area of Niagara Falls (Victoria Ave is about 400 metres away) and is located within the Clifton Hill Tourism Subdistrict. Aaron Butler (Agent, Development Principal, NPG Solutions) provided a presentation to support the application. Kali Carrington (Client), of 45 Woodsend Run, Brampton, spoke to support the application. The Public meeting closed at 6:10 PM. Moved by Councillor Wayne Campbell Seconded by Councillor Lori Lococo 1. That Council approve the Zoning By-law amendment as detailed in this report to permit a Vacation Rental Unit in the existing single detached house, subject to the regulations and recommendations outlined in this report; and further, 2. That the amending Zoning By-law not be presented to Council for passage until an encroachment agreement, as outlined in this report, has been executed; and further, 3. That the Mayor and Clerk be authorized to execute an encroachment agreement to the satisfaction of the City Solicitor; and further, 4. That staff investigate possible off-site parking options and report back to Council for approval. Carried (Councillor Wayne Thomson opposed). 8. REPORTS 8.1. F-2022-42 Page 4 of 14 Page 17 of 450 2022 Third Quarter Water & Wastewater Fund Variance (unaudited) Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That the Water & Wastewater Fund year to date report for the third quarter variance analysis to September 30, 2022 BE RECEIVED. Carried Unanimously 8.2. F-2022-49 2023 Schedule of Fees Moved by Councillor Wayne Thomson Seconded by Councillor Ruth-Ann Nieuwesteeg THAT the Schedule of Fees, as presented in the attached schedule, BE APPROVED with fees effective January 1, 2023; And, THAT staff report back throughout the year with further amendments to the Schedule of Fees, as required, stemming from ongoing fee study's being performed in various departments; And, with the exception of the cemetery fees not increasing to March 1, 2023, and to have staff come back to Council with further options; and for staff to give notice of fee increases to existing cemetery plot owners. Carried Unanimously 8.3 . F-2022-65 GROW Grant Request for Property Tax Forgiveness Moved by Councillor Wayne Campbell Seconded by Councillor Wayne Thomson THAT Council approve the grant request for GROW for the purpose of subsidizing property tax payments for the property located at 4377 Fourth Avenue, owned by Pamela Farrell. Ayes: Councillor Wayne Campbell, Mayor Jim Diodati, Councillor Mike Strange, and Councillor Wayne Thomson Nays: Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth- Ann Nieuwesteeg, Councillor Mona Patel, and Councillor Victor Pietrangelo DEFEATED (Councillors Baldinelli, Lococo, Patel, Pietrangelo and Nieuwesteeg are opposed). 4-5 on a recorded vote Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg Page 5 of 14 Page 18 of 450 THAT Council deny the grant request for GROW for the purpose of subsidizing property tax payments for the property located at 4377 Fourth Avenue, owned by Pamela Farrell. Carried (Councillors Campbell, Strange and Thomson opposed). 8.4. R&C-2022-21 Recreation & Culture Municipal Fee Assistance Policy A Municipal Fee Assistance policy and pilot project to help subsidize qualifying children, youth, and older adults, to access programming and activities like open swim and public skating opportunities, has been created and approved by Council. The qualifying persons, the subsidy would include: • Children 17 and under – 50% discount on all registered programs. Maximum of four programs per person per calendar year. • Families – free activity pass for open swim and public skates. The Municipal Recreation Fee Assistance program would provide financial assistance to participate in municipally organized programs exclusively. An overarching Corporate Fee Assistance Policy is recommended in the future. Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli 1. That Council approve the proposed Recreation & Culture Municipal Fee Assistance Policy and implement the program as a one -year Pilot Project specific to Recreation and Culture Programs. 2. That staff be directed to report back on the results of the pilot project. 3. And further that Staff provide options for Council to consider for the development of an overarching Corporate Policy regarding Fee Assistance for all appropriate municipal rates and fees . Carried Unanimously 8.5. R&C-2022-22 Merger of the Anti-Racism and Diversity & Inclusion Committees of Council Council considered a staff report recommending the merger of the Anti-Racism and Diversity & Inclusion Committees and decided that the Committees would remain separate. Additional efforts to enhance collaboration and increase communication will be undertaken. Sherri Darlene, attended in person in Chambers and spoke in favour of keeping the committees separate. Saleh Waziruddin, of 158 Ontario Street, St. Catharines, spoke in favour of keeping the committees separate. Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo Page 6 of 14 Page 19 of 450 That Council oppose the merger of the Diversity & Inclusion Advisory Committee and the Anti-Racism Advisory Committee; And, that current members of both committees be automatically accepted onto the new committee should they apply. Carried Unanimously 9. CONSENT AGENDA 9.1. F-2022-60 Monthly Tax Receivables Report - October Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council receive the Monthly Tax Receivables report for information purposes. Carried Unanimously 9.2. F-2022-66 Approval of Interim 2023 Spending Limits Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That, in the absence of an adopted 2023 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. Carried Unanimously 9.3. MW-2022-56 Homewood Avenue – Speed Control Review Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That the speed control plan consisting of three (3) speed cushions on Homewood Avenue betweenValley Way and Morrison Street be approved. Carried Unanimously 9.4. MW-2022-57 Victoria Avenue at Queen Street - Removal of School Crossing Guard Services Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That the services of the school crossing guard be removed from the intersection of Victoria Avenue at Queen Street at the end of 2022. Page 7 of 14 Page 20 of 450 Carried Unanimously (Councillor Pietrangelo declared a conflict). 9.5. PBD-2022-75 Matters Arising from the Municipal Heritage Committee Removal of Properties from Municipal Register of Heritage Properties Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council approve the removal of the property known municipally as 5986 Lundy's Lane from the Municipal Register of Heritage Properties; and That Council approve the removal of the property known municipally as 8554 Lyon's Creek Road from the Municipal Register of Heritage Properties. Carried Unanimously 9.6. CAO-2022-17 Fee waiver for single-ride bus passes for use by qualified social service agencies Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That a fee waiver of $3,000.00 be approved for single-ride bus passes to be provided to Homelessness Services at the Niagara Region. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Proclamation Request - Canadian Women's Heart Health Alliance - Wear Red Canada Campaign A volunteer from the Wear Red Canada team, a student from the University of Ottawa, is requesting Council to approve the request to proclaim February 13, 2023 as "Wear Red Canada Day" in Niagara Falls. Wear Red Canada is celebrated annually across Canada on February 13th to raise awareness about women’s cardiovascular health. Organized events held across the country serve as a reminder for everyone, especially women, to be mindful, curious and proactive in the management of their heart health and wellness. 10.2. Proclamation Request - Green Shirt Day - Friday, April 7, 2022 Attached is a request to proclaim Friday, April 7, 2022 as "Green Shirt Day," to honour and remember the Humboldt hockey team and the bus crash that occurred in April of 2018. A request to light the falls green this same day has been sent to the Niagara Falls Illumination Board. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange Page 8 of 14 Page 21 of 450 That Council approve/support Item #10.2 and Item #10.2. Carried Unanimously 10.3. Downtown BIA - 2023 Budget The Downtown BIA is asking Council to approve their 2023 budget at $908,918.00, with a requested levy of $463,571.00. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg That Council defer the Downtown BIA budget until the newly appointed board approves the 2023 budget and brought back to Council for approval at the January 17, 2023 meeting or at a Special meeting of Council, if necessary. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Town of Aurora - Opposition to Bill 23, The More Homes Built Faster Act, 2022 Attached is correspondence further to the Town of Aurora Council meeting of November 22, 2022, regarding a resolution adopted by Council respecting "Opposition to Bill 23, More Homes Built Faster Act, 2022." 11.2. Resolution - Town of Aurora - Modifications to York Region Official Plan Attached is correspondence further to the Town of Aurora Council meeting of November 22, 2022, regarding a resolution adopted by Council respecting "Modifications to York Region Official Plan." 11.3. Resolution - Norfolk County - Bill 23 - More Homes Built Faster Act, 2022. The attached resolution was passed at the Council of the Corporation of Norfolk County, at its November 16, 2022 Council-in-Committee meeting. 11.4. Memo from Recreation & Culture - Spooky Awards Attached is a memo from our Recreation & Culture Department informing Council of the 2022 Spooky Awards. 11.5. Joint Niagara Compliance Audit Committee In accordance with the requirements of the Muncipal Elections Act, a joint Compliance Audit Committee has been established. The attached correpondence provides the list of appointed members and their contact information. 11.6. Niagara Falls Hydro Holding Consolidated Financial Statements Attached are the 2021 Niagara Falls Hydro Holding Consolidated Financial Statements for review. 11.7. Correspondence from Joedy Burdett 11.8. Correspondence from Joedy Burdett Page 9 of 14 Page 22 of 450 11.9. Correspondence from Joedy Burdett - safety at Downtown BIA meeting 11.10. Correspondence from Joedy Burdett - donations 11.11. Correspondence from Joedy Burdett - affordable housing Moved by Councillor Mike Strange Seconded by Councillor Mona Patel That Council receive and file for information Item #11.1 through to and including Item #11.11. Carried (Councillor Campbell opposed and Councillor Pietrangelo declaring a conflict to Item #11.1, #11.3, #11.6 and #11.7). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. St. John Ambulance Support Attached is a letter and financial comparison between the Niagara Region St. John Ambulance St. Catharines and St. John Ambulance Niagara Falls. RECOMMENDATION: That Council re-affirm the motion made in 2020 and support the presence of St. John Ambulance in the City of Niagara Falls and reject any suggestion of any other Niagara branch or other group taking over the Niagara Falls operations. And further, that based on the success of the Niagara Falls branch, Council would support that their staff, volunteer leadership and Board of Directors are in charge and run any potential amalgamated branch in the Niagara Region. Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel That Council re-affirm the motion made in 2020 and support the presence of St. John Ambulance in the City of Niagara Falls and reject any suggestion of any other Niagara branch or other group taking over the Niagara Falls operations. And further, that based on the success of the Niagara Falls branch, Council would support that their staff, volunteer leadership and Board of Directors are in charge and run any potential amalgamated branch in the Niagara Region. Carried Unanimously 12.2 . Downtown Board of Management - Election Results (Clerk's Memo and emails from Phil Ritchie and Eric Martin added; further comments from resident added) Attached is a letter on behalf of the BIA Board regarding the 2022 Downtown Board of Management BIA regarding the 2022 BIA election results. RECOMMENDATION: That Council for the City of Niagara Falls approves the appointment of the remaining 12 nominees (see below for names) at the time of the BIA election to the Downtown Board of Management for the four-year term of 2022- 2026, along with at least one City Councillor. If one or more Board member(s) were to resign during the four years, the Board would not move to fill the position unless Page 10 of 14 Page 23 of 450 the number of Board members fell below nine positions with the BIA constitution, with the number of available positions returning to nine Board spots for the 2026 election. 1. Alex Brandeau, BATL Axe, 4437 Queen Street 2. Cat Thagard, Cat and Monkey Events, 4400 Queen Street 3. Eric Martin, Taps Brewing Company Inc., 4680 Queen Street 4. Joe Mrkalj, Grand Central Bar & Grill, 4573 Queen Street 5. Kevin Fraser, Apsis Communications Inc., 4635 Queen Street 6. Lisa Vanderklippe, Third Space Cafe, 4345 Queen Street 7. Phil Ritchie, Keefer Management Inc., 4605 Crysler Avenue 8. Starr Bowes, Paris Crepes Cafe, 4613 Queen Street 9. Steve Falco, BreakOUT Escapes, 4455 Queen Street 10. Steven Sunderland, STS Building Consultants, 4635 Queen Street 11. Timm Paugh, RT Pizza, 4572 Queen Street 12. Tony Barranca, Back Alley Barbershop, 4407 Queen Street Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell That Council approves the appointment of the 12 nominees at the time of the BIA election to the Downtown Board of Management for only the four year term of 2022 to 2026 and if one or more Board members were to resign during the current term the Board would not look to fill any vacancies unless the number of Board members were to drop below nine positions. The 12 appointed members are: Alex Brandeau, Cat Thagard, Eric Martin, Joe Mrkalj, Kevin Fraser, Lisa Vanderklippe, Phil Ritchie, Starr Bowes, Steve Falco, Steven Sunderland, Timm Paugh and Tony Barranca. Ayes: Councillor Tony Baldinelli, Councillor Wayne Campbell, Mayor Jim Diodati, Councillor Victor Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson Nays: Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, and Councillor Mona Patel CARRIED. 6-3 on a recorded vote Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel That Council waive the procedural by-law to allow residents to speak to this matter (Item #12.2). Carried Unanimously a) Dr. Joanne McKinley-Nikodynia, of 4750 Valley Way, spoke opposing the suggested recommendation. Zoran, from Hatch Building, spoke opposing the suggested recommendation. Page 11 of 14 Page 24 of 450 Anna Tartaglia, from 4416 Queen Street, spoke opposing the suggested recommendation expressing her concerns that there were many proxy votes not accepted. 12.3. Council Member Appointments A list of the various Committees, Boards and Commissions was distributed to Council in preparation of Council making their appointments. In some cases, a vote may be required where there is more interested members than required to sit on each Committee etc. 13. RESOLUTIONS 13.1. Resolution - to appoint Councillors to the HOLDCO Board That the nine (9) directors to be selected by the Shareholder for the current term of Council be as follows: Mayor Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mike Strange and Councillor Wayne Thomson. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange That the nine (9) directors to be selected by the Shareholder for the current term of Council be as follows: Mayor Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mike Strange and Councillor Wayne Thomson. Carried Unanimously 14. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli That Council approve the sale of land within the Montrose Business Park, being Part 17 on Reference Plan 59R-16028, at a price of $225,000 per acre. Carried Unanimously 15. NOTICE OF MOTION/NEW BUSINESS a) Dalton's Toy Drive Councillor Mike Strange discussed the annual toy drive, where all toys donated would be donated to Ronald McDonald House. Unwrapped toys can be brought to Boston Pizza on Dorchester Road on Thursday, December 15, 2022 from 4:00-7:00 PM. 16. BY-LAWS Page 12 of 14 Page 25 of 450 2022- 129. A by-law to provide for the adoption of Amendment No. 154 to the City of Niagara Falls Official Plan. 2022- 130. A by-law to amend By-law No. 2000-68 and to repeal and replace By-law 2020-35, concerning the removal of the requirement of parkland dedication for certain development and redevelopment of land for residential purposes within identified Community Improvement Plan area boundaries of the City. 2022- 131. A by-law to repeal and replace By-law No. 2020-036 and By-law No. 98-151 respecting the conveyance of land for park purposes as a condition of development or redevelopment of land zoned for specific commercial and industrial purposes. 2022- 132. A by-law to repeal and replace By-law 2020-37 which provides for the conveyance of land for park or other recreational purposes as a condition of development, redevelopment and subdivision of land for residential purposes. 2022- 133. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Speed Limits on Highways (Part 2 – 60 km/h) 2022- 134. A by-law to amend By-law No. 96-50 being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2022- 135. A by-law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2022- 136. 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 provi ncial or municipal by-laws. 2022- 137. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13th day of December, 2022. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell That the by-laws be read a first, second and third time and passed. Carried Unanimously 17. ADJOURNMENT a) Adjournment Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli That the Council meeting adjourn at 8:17 PM. Carried Unanimously Page 13 of 14 Page 26 of 450 Mayor City Clerk Page 14 of 14 Page 27 of 450 Page 28 of 450 •1 in 12 Canadians by age 20 are diagnosed with heart disease •Every hour 14 Canadians with diagnosed heart disease age 20+ die •Prevention starts with knowing your risk. Nine in ten Canadians have at least one risk factor for heart disease and stroke. Almost 80% of premature heart disease and stroke can be prevented through healthy behaviours. That means that habits like eating healthy, being active and living smoke free, have a big impact on your health. Heart Disease HeartNiagara.com Page 29 of 450 Why Heart Niagara? We are here tonight to show our gratitude for the support we have received from Niagara residents for more than 45 years and to share the successes. The Focus •Investing in programs that reduce the risk and risk factors of heart disease for a heart healthy Niagara •Investing in our Niagara community and their ability to respond in case of emergency Page 30 of 450 Supporting 911 in Niagara with the first structured CPR, ACLS (1978) Paramedic ACLS (1979) and ATLS certification in the Region. By increasing the number of Niagara residents able to respond with bystander CPR annually Within the healthcare community providing education and training a sense of community Source of inspiration…to save a life Page 31 of 450 Responding to our community by providing medical coverage at mass community events Early recognition of the need for organized cardiac rehab programs to support Niagara families, reaching more than 600 families annually in 4 sites (1977-2006) Source of inspiration…you too can save a life Page 32 of 450 Heart Niagara Board leaders establishing AED programs and research in Niagara Dr. Doug Munkley, John Cunnane, Frank Adamson, Dr. Stafford Dobbin Our staff and community partners used the lessons from the leadership team to place more than 700 AEDs in Niagara 2002-2022 Supported NEMS’s desire to better inform callers with information on where AEDs are placed. The AED registry has more than 850 AED locations in it and Heart Niagara communicates the information to NEMS to add to the EMS dispatch information WHAT KIND OF EMERGENCIES you ask Page 33 of 450 Reaching 5,000 students annually Investing in Niagara families with support from each school board to provide education on individual heart health and positive choice to reduce their future risk Niagara data providing research opportunities to better inform program planning in Ontario and Canada More than 39 research publications to date Healthy Heart Schools’ Program Page 34 of 450 Supporting active transportation and specifically cycling as a solution to increase cardiovascular health, reduce isolation, support the environment, and be better prepared as a community to lean in, building a sense of community Cycling Rodeo video education in English, French and Spanish Making a difference in our community Page 35 of 450 Recognizing the need for strength and resistance training to increase core strength, mobility, and flexibility which will reduce cv risk factors and increase aging gracefully Making a difference in our community Page 36 of 450 Strengthen responsiveness in workplaces and our community by providing first aid training and education Diagnostic services to improve access to timely testing for Niagara residents; echo sonography, holter monitors Making a difference in our community Page 37 of 450 Cardiovascular Risk Reduction Clinic -reaching Niagara residents to support their journey to a healthy lifestyle focused on reducing their risk factors for heart disease Heart Niagara believes in paying it forward Making a difference in our community Page 38 of 450 What is the “ask” from Heart Niagara today?Page 39 of 450 Be more active -walk the talk Think about your food -eat local, eat well, manage your portions Live smoke and vape free Lead by example Page 40 of 450 Get your CPR training annually Notice where the AEDs are when you are out Volunteer in our community, it is good for your heart Invest in our Community Page 41 of 450 Share the message through our social media Check out our good for your heart auction -trips and experiences January 18-Feb 20 (Family Day) Join us February 8 at Brock University Sean O’Sullivan Theatre for He-art-istic Journeys: The Heart-DIS-ease Play, poems, and artwork Donate to support Heart Niagara’s work in Niagara Support Heart Niagara Page 42 of 450 Know your risk of heart disease and Manage your risk Support Your Health Page 43 of 450 John and Lillian Clark Fund, Sam Yagar and Family, Amedeo and Eva Condetta, John and Janie Palmer, Deb Allerton, Ann Louise Branscombe, Branscombe Family Foundation, Doug Munkley, The Gale Family, David Dec, Ian Brown, George Zimakas, Gurpreet Gill, Dan Dargavel, Fiona Halliday, Xin Chong, Sylvia Kaptein, Niagara Physicians dedicated to community development through volunteering, expertise, and financial support, David J. Fast,Niagara Peninsula Energy, Niagara Falls Hydro Foundation, Bosch Rexroth, Fort Erie Kinsmen and Kinettes, Amyn and Michelle Kassam, Aly Kassam and Morrison Pharmasave, Centre de Sante Welland -IPC Mental Health Program, Queen Street Medical Group, Portage Road Medical Group, Welland McMaster Family Health Team, Patterson Funeral Home, Ministry Health -Nurse Practitioner Funding, Niagara Region Public Health -Tobacco Program, Brock University-Faculty of Applied Health Sciences, Department of Nursing Niagara College-Fitness and Exercise Therapist program, SickKids -Cardiovascular Research, pharmaceutical companies, Delta Bingo, Dominion Niagara Holding Company, Ministry of Transportation, Infrastructure Canada, Brock Ford, Big Brother Big Sisters South Niagara AND the architect for a heart healthy Niagara…Dr. Stafford W. Dobbin (2020) Gratitude for our Community Supporters Page 44 of 450 Page 45 of 450 F-2023-02 Report Report to: Mayor and Council Date: January 17, 2023 Title: 2023 Boards and Commissions, Fee for Service, Grants and Honorariums Recommendations Recommendation(s) 1. That 2023 funding levels and classifications for Boards and Commissions, Fee for Service, totaling 1 attachment on Honorariums as and Grants presented $7,485,461 of which $6,917,369 will be funded by the tax levy, representing a decrease in tax levy funding of $126,118 from prior yearBE DEFERRED to the 2023 budget deliberations scheduled for January 24, 2023. 2. That a one-time $200,000 payment to One Foundation (Niagara Health) to be used to purchase an MRI machine and to be funded fully from OLG Reserve Funds BE APPROVED and further that this amount be considered as part of the overall contribution to the Niagara Falls South Niagara Hospital. 3. That Honorariums be paid at a rate $75 per event, rather than an annual allowance of $1,500 BE APPROVED. 4. That staff be directed to report back during 2023 on a detailed framework for establishing a skill based independent Committee for Social and Health funding grants, with an open and transparent grant application process and terms of reference BE APPROVED. 5. That the transition funding to the new system of social services and health funding grants process BE APPROVED. The transition funding will be set at two (2) years of funding to the existing social services agencies. The annual funding for the agencies' grants totaling $389,083 per year for 2023 and 2024 are as follows: o Pathstone Foundation totaling $20,000 o Project Share totaling $298,400 o Women's Place totaling $19,350 o YWCA totaling $51,333 6. That $250,000 of OLG reserve funding dedicated to Social Service and Health grant funding effective January 1, 2023 BE APPROVED. Page 1 of 9 Page 46 of 450 Executive Summary The City of Niagara Falls has a history of providing financial support to community groups. Though the provision of these soical services are not a mandated or core responsibility of the City, staff understands that the City can play a role in funding some of these activities. The challenge from staff's point of view is the funding the City taxpayers are providin g does not have the transparency or rigor that the use of public funds should have. This does not mean that the current social service agencies that are being funded are not effective or that taxpayers have not received good value for the money granted to these agencies in the past. Staff believe an improved system should have the following attributes: • Council formally sets the streatgic direction or establishes the priorities for social services grant funding pool. Additionally, that Council set the funding pool amount for social service grants. • That there be an open process where any qualifying agency can apply for funding. • That the grant requests and the performance of agencies be evaluated by independent parties. • The the process involve to some degree individuals with the appropriate skills to evaluate effectively. The current approach to these grants have none of these characteristics. There is no open and transparent process, existing agencies are effectively just funded on a continuous loop. City staff are not professionally trained in this area to provide effective evaluation of the grants. There is no formal strategic review by Council of what we are funding and to what level we are funding. Staff is recommending a new grant strategy to be fully implemented by 2025. The new grant strategy will align and be independently evaluated against the City’s strategic plan. The strategy will be flexible to assist with emerging community needs as well a s other critical factors. In 2022, Staff met with existing grant receipts to discuss challenges with the existing strategy and concepts that would form a new grant strategy. Background The City of Niagara Falls has a history of providing financial support to community groups and organizes the funding requests into the following categories: Boards and Commissions – There are two types of Boards and Commissions, those the City is contractually obligated to fund and those that are Council appointed. Page 2 of 9 Page 47 of 450 Fee for Service Agencies – agencies receiving funding that are providing municipal services that would otherwise need to be provided by municipal staff. These services are considered a “core municipal responsibility.” Fee for Services are recorded as contracted services as opposed to external transfers if there is a formal agreement that the organization will provide services to the municipality. Grant Agencies – agencies receiving funding that are not considered core municipal services but are important to the community. These transactions are recorded as external transfers as no contract exists and are discretionary in nature as they are not considered a “core lower tier municipal responsibility”. Fee for Service Agencies Process Staff meets with fee for service organizations annually as well as the Niagara Falls Public Library Board. As part of the budget preparations, in the Fall of every year, staff send out a letter to each fee for service organization that is requesting funding (or received funding in the prior year) asking to set up a meeting to review their fee for service ask for the next year. As part of this process, each organization must provide the following information: • 2023 Budget request • September 2022 year to date results comparing budget to actual • The most recent financial statements of the organization • A brief description of the services provided to the City covered by the fee • Any other documents that they believe would be useful including annual reports and key statistics Grant Agencies Process Council’s current Grant strategy is to not entertain any new grant funding. Each year non indexed funding is provided to the same agencies. The grant agency must fill out the City’s grant application which requests information about the organiz ation, details about the grant request, board members, the most recent financial statements and current budget. Analysis Below is a summary of staff recommendations outlined in attachment 1, along with a brief explanation of the services provided by Boards and Commissions and Fee for Service Organizations. Board and Commissions (contractual obligation) 1. Niagara Falls Illumination Board – To finance, maintain and operate the illumination system for Niagara Falls. Staff is recommending a 4.45% increase or $1,957 increase as no increase was made in 2022, representing a 2.23% increase over 2 fiscal periods. Page 3 of 9 Page 48 of 450 2. Niagara District Airport Commission – Contractual agreement with City of St. Catharines, Niagara on the Lake and the Region of Niagara to fund municipal airport. Niagara Falls is responsible for approximately 37.7% of municipal contributions, which is a slight change from 36% in 2022 due to population allocation adjustment. Operating funding increase of 8.01% or $14,093. Capital funding decrease of 5.95% or $8,230, the capital portion is funded by OLG reserves. Operational pressures include aging fleet maintenance, additional staff to support 7 day a week operations and revenue losses due to termination of FlyGTA leasing. Board and Commissions (Council appointed) 1. Niagara Falls Public Library Board – Responsible for providing Library services in the City of Niagara Falls. The Library Board has requested an increase of 8.55% or $422,833 for the 2023 budget. The Library received an increase of $190,223 or 4.0% in 2022. The presentation cited cost of living, OMERS enrollment, staff transitions, inflationary increases, continued COVID recovery and the Stamford reopening as the major factors driving the 2023 significant increase. Fee for Service Agencies 1. Animal Control Services – Animal control and sheltering services, offering protection & education to ensure safety needs to residents. Contract with City expired December 31, 2022. A one-year Memorandum of Understanding was entered into expiring December 31, 2023 with terms indicating no increase in funding from prior year. 2. Boys & Girls Club – Provide children and youth programming not provided by City recreational staff. Contract expired December 31, 2021. During 2022 Staff reached out to the Boys & Girls Club for contract negotiations but were unsuccessful. Staff will continue to reach out in 2023. Staff recommend no increase. Amount negotiated in new contract will not exceed budget. 3. Downtown BIA (Santa Claus Parade & Sparkle Awards) – Coordination and implementation of annual Santa Claus Parade and Sparkle Awards. No increase, funding remains consistent with prior year as Council approved flat service fee contract in 2021 which expires in 2023 with a 2 year renew option. 4. Firemen’s Park – To maintain the park and provide access to use. Increase of 6.5% or $1,950, based on annual Statistics Canada CPI as at October 31, 20 22. 99-year lease indicates annual amount adjusted by CPI. Actual will be adjusted to annual December 31, 2022, when CPI available. 5. Niagara Falls Art Gallery – Provide children and youth programming not provided by City and recreational staff. Staff renegotiated contract that expires December 31, 2023 with funding consistent with prior year. Page 4 of 9 Page 49 of 450 6. Niagara Falls Concert Band – Provides services for musical events on a requested basis at City events. Estimated increase of 0% or $0, as contract expired December 31, 2022 and to be renegotiated in 2023. Staff will adjust actuals to new contract. City has an obligation to reimburse for damaged sheet music in the amount of $5,000 and this expires in 2026, this is not a fee for service. 7. Niagara Falls Ryerson Innovation Hub – Provide Business Development services to the City. Agreement with FEDDEV terminates March 31, 2023. No annual comparative. First quarter increase amounts to 5.52% or $14,369 compared to prior year. Amount based on project budget. No tax levy impact as project funded 50% FEDDEV grant and 50% OLG reserve. 8. St. John’s Ambulance, Chair-A-Van – As at January 1, 2023, para-transit services were uploaded from the City of Niagara Falls to the Region and is no longer a fee for service contract with the City. Grant Agencies One Foundation Through consultation with staff One Foundation and staff have both recommended that One Foundation will receive a one-time payment of $200,000 in 2023, to be used to purchase an MRI machine which will be funded through the OLG reserve fund effectively eliminating the $50,000 in 2023 that has been built into the base budget from prior years. This is a $50,000 savings to tax payers. It is agreed that with this payment and the local contribution amount that is to be decided by Council, the Hospital will no longer by eligible to apply for grant funding. St. John's Ambulance - Water Patrol St. John's Ambulance Water Patrol currently operates 9 hours per day from the last day of school untl Labour Day along the Welland River and received a grant of $32,900. No increase has been requested for 2023. Social Services Grants While the municipality recognizes that all of the community groups requesting grants from the City provide excellent services in the community, it must be noted that the services provided are not within the City’s core service responsibility. Staff’s responsibility in recommending budget expenditures is to ensure that City taxpayers are funding activities that are the responsibility of the Corporation and not those of other levels of government or that should be funded by other sources. Staff recognize the achievements that these organizations make to the community, and the desire of previous Council to continue to fund these particular organizations. Staff recommend that Council approve a new grant strategy. Staff take the position that the current grant strategy of entertaining no new grants and keeping funding levels Page 5 of 9 Page 50 of 450 stagnant, is an unsustainable model for the City and it’s current social service grant recipients. The current strategy is exclusionary and does not consider inflationary effects. Grant funding allocations are based on historic decisions and lack any objective method of fund distribution. Many local organizations are excluded from the chance of ever receiving grant funding from the City. Furthermore, those privileged to receive annual funding, receive annual funding with continually reduced purchasing power. Given the City’s budgetary pressures to overcome within the next 4 years, it is unlikely that the City can provide annual sustainable support to all local charitable and not for profit organizations. The one advantage this funding did provide these agencies was a "stable core" amount of funding. Some granting agencies have short time commitments or are program based and as such funding for these agencies are tenuous. Unlike the Region and Province, City departments do not retain human resources that specialize in matters of health care, education and social services. Staff cannot provide recommendation to Council as to the optimal allocation of resources for such matters. If it is Council’s desire to continue providing annual grants to local organizations, then a sustainable grant program, with minimal budgetary impact, needs to be developed and implemented for greater accountability to the local property taxpayer. During the City's 2023 Budget Engagement Survey the following question was asked: "Niagara Region, as an upper-tier municipality, has responsibility for social services in our two-tier government structure. Although not a designated role for lower-tier municipalities, homelessness, affordable housing, mental health and poverty are issues that the City of Niagara Falls has spent tax dollars on annually. Noting that the City of Niagara Falls, as a lower-tier municipality, has no staff or departments relating to social services issues, such a health care, homelessness and housing, who do you think should make the decisions to spend tax dollars on for levels of social-service related funding?" The City received 431 responses as follows: 1. Elected Officials (73 responses) - 16.9% 2. An Expert Panel (204 responses) - 47.3% 3. A Citizen Panel (154 responses) - 35.7% During 2022 Staff engaged current grant recipients to communicate that the existing grant program is not sustainable, and that Staff would be recommending a new strategy to Council during 2023 budget deliberations. Staff's recommendation is to continue the existing program for 2023 and 2024 with the four Social Service groups (Pathstone, Project Share, Women's Place and YWCA) being paid their full allocation for 2023 and 2024. This will provide certainty to these agencies for a period of time as the transition occurs. These agencies will be eligible to apply for funding under the new program. Page 6 of 9 Page 51 of 450 During 2023, staff would report back to Council with recommendations and terms of reference for a new independent committee to be formed during 2024. The new Committee would be responsible for allocating a $400,000 pot of money to various agencies. The idea is that interested charities and not-for-profit organizations would apply to this new committee during 2024 with requests for 2025 funding. The $400,000 pot of money would consist of $150,000 of levy funding and $250,000 of OLG funding which is fairly consistent with the current amount of money being paid currently to social service groups ($389,083). Council in the future can re -evaluate the funding levels and sources of funding. Staff are recommending that the funding distribution would be based on an evaluation process of applications conducted by a panel that contains skilled, independent members. A framework for Social and Health funding can be established to align and meet the goals decided by Council. This program promotes inclusiveness as applications would be made available to all local charities and not for profit organizations. The new strategy allows for greater transparency and rigor. The panel or committee could also be used to provide input into new or emerging areas for Council to consider when establishing the goals and focus of the fund. Other than direct financial assistance, the City can continue to advocate for social and health care issues and provide support to local organizations through in-kind donations or reduced cost support (facility space, landscape activities, procurement opportunities). This new strategy will increase the scope of financial assistance to community service providers and have a minimal budgetary impact to property taxpayers. Each year, the rate of inflation could be the primary determinate for indexing the funding pool. Honorariums • Historically, Town Crier and City Historian honorariums have been an allowance of $1,500 each. Staff recommend that Town Crier and City Historian move to a reasonable fee per event. Staff recommend $75 per event, aligning with committee member stipends. This would equal $25 per hour for a 3 -hour event. The budget recommendation is for $375 for each position representing 5 activities per year. Financial Implications/Budget Impact The Staff 2023 recommendation for funding Boards, Fee for Service, Grants and Honorariums, listed in attachment 1, is a tax levy funding reduction of $126,118 from prior year. Total budgeted expenses decrease $810,854. This decrease is primarily attributed to the windup of the Niagara Falls Ryerson Information Hub agreement March 31, 2023 and Chair-A-Van services being part of transit amalgamation January 1, 2023. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. Sustainable & Transparent Financial Management Page 7 of 9 Page 52 of 450 o Ensure fiscal accountability and fact-based decision making 2. Engaging and Accountable Government o Commit to being efficient and effective in our delivery of municipal services and use of resources, and accountable to our residents and stakeholders List of Attachments F-2023-02 Attachment 1 -2023 Recommendation for Boards and Commissions, Fee for Service, Grants and Honorariums Written by: Jon Leavens, Manager of Accounting Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 10 Jan 2023 Shelley Darlington, General Manger of Corporate Services Approved - 10 Jan 2023 Jason Burgess, CAO Approved - 11 Jan 2023 Page 8 of 9 Page 53 of 450 2023 Recommendation - Boards & Commissions, Fee for Service, Grants and Honorariums Organization 2022 2023 Requests Variance $ Variance % 2023 Recommend- ation Variance $ Variance % Boards and Commissions (contractual obligation) NF Illumination Board 44,021 45,978 1,957 4.45%45,978 1,957 4.45% Niagara District Airport Commission 175,921 190,014 14,093 8.01%190,014 14,093 8.01% Niagara District Airport Commission (Capital)*138,363 130,133 (8,230)(5.95%)130,133 (8,230)(5.95%) Boards (Council appointed) NF Public Library Board 4,945,775 5,368,608 422,833 8.55%5,368,608 422,833 8.55% Total Boards and Commissions 5,304,080 5,734,733 430,653 8.12%5,734,733 430,653 8.12% Fee for Service Animal Control Services 556,670 556,670 0 0.00%556,670 0 0.00% Boy's & Girl's Club 211,149 211,149 0 0.00%211,149 0 0.00% Downtown BIA (Santa Claus Parade & Sparkle Awards)22,000 22,000 0 0.00%22,000 0 0.00% Firemen's Park 30,000 31,950 1,950 6.50%31,950 1,950 6.50% NF Art Gallery 28,000 28,000 0 0.00%28,000 0 0.00% NF Concert Band 3,600 3,600 0 0.00%3,600 0 0.00% NF Ryerson Innovation Hub 1,151,132 274,626 (876,506)(76.14%)274,626 (876,506)(76.14%) St. John Ambulance - Chair-A-Van 514,701 - (514,701)(100.00%)- (514,701)(100.00%) Total Fee for Service 2,517,252 1,127,995 (1,389,257) (55.19%)1,127,995 (1,389,257)(55.19%) Grants ONE Foundation (Niagara Health)50,000 200,000 150,000 300.00%200,000 150,000 300.00% St. John Ambulance - Water Patrol 32,900 32,900 0 0.00%32,900 0 0.00% 82,900 232,900 150,000 180.94%232,900 150,000 180.94% Social Service Related Grants Pathstone Foundation 20,000 20,000 0 0.00%20,000 0 0.00% Project Share 298,400 298,400 0 0.00%298,400 0 0.00% Women's Place 19,350 19,350 0 0.00%19,350 0 0.00% YWCA 51,333 56,466 5,133 10.00%51,333 0 0.00% Total Grants 389,083 394,216 5,133 1.32%389,083 - 0.00% Honorariums City Historian 1,500 1,500 0 0.00%375 (1,125)(75.00%) Town Crier 1,500 1,500 0 0.00%375 (1,125)(75.00%) Total Honorariums 3,000 3,000 - 0.00%750 (2,250)(75.00%) GRAND TOTAL 8,296,315 7,492,844 (803,471)7,485,461 (810,854) Less one time MRI funding by OLG reserve - (200,000)(200,000)(200,000)(200,000) Less Airport Capital funded by OLG reserve (138,363)(130,133)8,230 (130,133)8,230 Less NFRIH funded by OLG reserve and Federal grant (1,151,132)(274,626)876,506 (274,626) 876,506 Total amount to be funded by tax levy 7,006,820 6,888,085 (118,735)(1.69%)6,880,702 (126,118)(1.80%)Page 9 of 9Page 54 of 450 1 Michael Stewart To:Clerk Subject:RE: [EXTERNAL]-Funding for GROW From: Pam Farrell <info@growcflc.com> Sent: Thursday, January 12, 2023 12:02 PM To: Jim Diodati <jdiodati@niagarafalls.ca>; Wayne Campbell <wcampbell@niagarafalls.ca>; Tony Baldinelli <tbaldinelli@niagarafalls.ca>; Lori Lococo <llococo@niagarafalls.ca>; Ruth-Ann Nieuwesteeg <rnieuwesteeg@niagarafalls.ca>; Mona Patel <mpatel@niagarafalls.ca>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca>; Wayne Thomson Fallview Account <wthomson@fallsviewgroup.com> Cc: Clerk <clerk@niagarafalls.ca>; nick@cfccanada.ca Subject: [EXTERNAL]-Funding for GROW Dear Members of City Council, I hope this email finds you well and you had a great start to the new year. My name is Pam Farrell and I am the founder and executive director of GROW Community Food Literacy Centre in Niagara Falls. As a registered charity, our goals are to assist and empower those with barriers to accessing and benefiting from good healthy food. We do this by offering a weekly low-cost/subsidized fresh produce market and a community kitchen with opportunities to cook and share good food, while building community and breaking down social isolation. GROW is a community-focused model aimed at addressing some of the long-term food challenges faced by low- income residents and persons with disabilities in our community. We understand that the City of Niagara Falls supports numerous charities through city funding programs on a yearly basis including Project Share, the local food bank. Research has shown that only 25% of people experiencing food insecurity access food banks. Specifically, food banks offer food assistance but the frequency of visits is usually limited, typically to one visit per month only providing a few days supply of non-perishables. The food that is often handed out at food banks is left-over/unsold, high in sugar, salt, and fat, and past the best-before-date. Food bank users, who often present with various health conditions, feel stigmatized, embarrassed, frustrated, and ashamed when accessing food banks. It is clear that food banks do not address the issue of food insecurity or provide a dignified way for families to access food. Let's compare a food bank to a school and I invite you to picture this: if we had a community school that is only attended by 25% of students in the neighbourhood, and those students only attend for 2- 3 days per month, would you fund this school? Would you think that this school is meeting the educational needs of students in the community? My question to you is: why are we continuing to fund a food bank model that clearly does not work and is not meeting the needs of our diverse community members? Food banks provide 'emergency' assistance, based on food supplies on hand, and these food items often do not meet the recipients medical, dietary, and nutritional requirements. Page 55 of 450 2 GROW has been operating for the last 2 1/2 years in down-town Niagara Falls. Our programs have been accessed over 20,000 times, and our weekly low-cost subsidized market has made a significant contribution to food security in our community. Our model is built on dignity and choice, with a focus on healthy and fresh food that is available weekly. This program is meeting the needs of our low- income community members that are experiencing a variety of health issues (diabetes, cancer, cardio-vascular disease). Our model has received praise and support by Niagara Public Health as a prevention model aimed at reducing dietary related chronic health conditions. GROW is considered an essential service to all our members who access our market. Our programs provide healthy and affordable food for families and their children. We know that children who are food insecure and who lack nutritious food have poor academic outcomes and experience increased episodes of behaviour and emotional problems. Research also indicates that children who are food insecure and without nutritious foods are early school leavers. Our GROW Market makes healthy food accessible to those living on low-incomes, offering fresh food and vegetables; such as an apple for 10 cents, a banana for 10 cents, carrots and potatoes for 5 cents each, along with dairy items, eggs, meats, and fish at significantly reduced prices. We are seeking funding to continue to meet the growing needs of the community and believe we should have, at the very least, the same opportunity as Project Share to be funded by the City of Niagara Falls. Thank you for your time, and please do not hesitate to reach out if you have any questions! Kind regards, Pam Pam Farrell - Executive Director 4377 Fourth Ave, Niagara Falls, ON L2E 4N1 905-262-6812 www.growcflc.com Click link to watch a two minute video about GROW CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 56 of 450 WOMEN'S PLACE OF SOUTH NIAGARA INC. Operating in Southern Niagara since 1981 Page 57 of 450 SERVICES 40 Safe Shelter Beds and 24/7 Crisis LIne Public Education and Prevention Work Adult and Child and Youth Counselling Outreach Support Services (Housing, Legal, After-Care)Page 58 of 450 In the summer of 2022, we opened our newly renovated and expanded shelter in Niagara Falls. Increasing our capacity by 33% with 10 additional safe beds. Shelter Tour https://youtu.be/THwQW6bzKtE SHELTER EXPANSION Page 59 of 450 HOW YOUR SUPPORT HELPS 2911 CRISIS CALLS 102 WOMEN RECEIVED COUNSELLING 138 WOMEN AND 87 CHILDREN FOUND SAFE SHELTER Page 60 of 450 HOW YOUR SUPPORT HELPS 205 WOMEN RECEIVED LEGAL SUPPORT 46 PRESENTATIONS WITH 982 ATTENDEES 208 WOMEN GAINED ACCESS TO SAFE AND AFFORDABLE HOUSING Page 61 of 450 FEMICIDE Femicide numbers are increasing in Ontario, women and children require safety now more than ever. From November 2021 -November 2022, 58 women were murdered in Ontario.Page 62 of 450 YOUR IMPACT The City of Niagara Falls has provided operational funding for our shelter on an ongoing basis in the amount of $19,500 annually. This support is equal to 0.013% of the 2022 operational budget for the City. Fundraising and Grants = 33% of our forecasted operational budget for 2023/24. Loss of funding could equal closed safe-beds for the community.Page 63 of 450 Jennifer Gauthier, Executive Director 905-356-3933 Ext 223 execdir@wpsn.caPage 64 of 450 Adapt Grow Heal 2021 | 2022 GRATITUDE REPORT Creating a safer tomorrow togetherPage 65 of 450 Vision A community where women and their children live free from abuse and violence Mission To stop abuse and violence against women and children by providing safety through shelter, counselling, education, advocacy and community partnerships Provide a safe, secure and non- judgmental service environment where survivors and their children are free from abuse and violence. Ensure exemplary resources in support of our staff and organization’s growth and development. Collaborate with stakeholders, partners and leaders to ensure that survivors can live safely and free from abuse and violence. Raise awareness of the prevalence and impact of abuse and violence in our community and provide education to facilitate the steps needed to end it. Increase diversity and inclusion throughout the agency. Strategic Plan Page 66 of 450 We are grateful to the leaders, volunteers and staff who saw the need for a women’s shelter in Welland and provided compassionate support for over four decades. You have changed the lives of thousands of women and children. Thank you. Your legacy is carrying on at the Hope Centre, where outreach services continue to be available, and at our expanded shelter in Niagara Falls which provides safety for women and children across South Niagara. The building at 102 River Rd will continue to serve the Welland community by providing Pathstone Mental Health services to children and youth. Left: Staff of Pathstone Mental Heath and Women’s Place, and the Mayor of Welland, Frank Campion announce the sale of Serenity Place to Pathstone. Right: “Women United” volunteer their time to prepare the Hope Centre for outreach clients. On April 4, 2022, Serenity Place closed its doors for the last time. Proceeds from the sale of this building, which had been a safe space for women and children experiencing domestic violence since 1996, have helped to double the size of our Niagara Falls shelter, increasing the number of safe beds in South Niagara by ten. Continuing a Legacy of Community Support Page 67 of 450 You are building hope “Getting the help we needed was the best decision I have ever made. Thank you for all the help and guidance you have given us!” “There was no safe place in our new house for me. No matter where I tried to hide to avoid the conflict and shelter my children from the fighting, he would hunt me down and find me. I was running away from the house and visiting friends, going for walks or just sitting in my vehicle in a parking lot hoping and praying that when I got home he would be asleep and there would be no more conflict... The children and I were constantly walking on eggshells and things were becoming more dangerous. Finally, I got the nerve to call after yet another incident and Women’s Place came to our rescue. We were so afraid, but the further we drove away from our house we felt such relief as we headed to the shelter. The staff at Women’s Place made us feel safe, secure, loved, supported and very special. Women’s Place enabled us to finally escape and we are eternally grateful and indebted to the generous and wonderful donors that make the work that they do possible. Coming to Women’s Place has been the best decision that I have ever made for myself and my children.” You are changing lives... Page 68 of 450 Name’s StoryWomen’s Place shelter beds may now all be located in one place, but you can still meet with a counsellor in your own community. Contact us to meet with an outreach worker in Welland, Port Colborne, Fort Erie or Niagara Falls. You can also call or text our support line 24 hours / day, 7 days a week, 365 days of the year. Whether you need help with safety planning, want to start figuring out your options, or just need someone to listen, you are not alone.Page 69 of 450 Women’s Place of South Niagara Inc. Statement of Revenue and Expenses for the year ended March 31, 2022. REVENUE 2022 2021 Ministry of Community and Social Services - annualized funding 1,427,941 1,427,941 Ministry of Community and Social Services - One-time Funding 257,509 327,055 CEVAW *28,996 29,997 MAG Family Court Support Worker 36,250 32,500 Branscombe Family Foundation Grant 42,000 42,000 Donations and Fundraising 559,947 438,925 Federal Government 140,987 120,675 Regional and Municipal Funding 22,350 22,350 United Way Niagara 59,777 62,022 Special Projects 58,450 56,363 Miscellaneous Grants 59,418 ---- Canadian Women’s Foundation 55,332 14,638 Ontario Trillium Foundation 14,776 10,524 Investment and Misc. Income 21,380 19,632 2,785,113 2,604,622 EXPENSES 2022 2021 Emergency Shelter 2,031,521 1,858,492 Legal & Housing Support Servicess 183,424 175,286 Fundraising & Public Ed Expenses 213,241 116,410 CEVAW *28,996 29,997 Administration & Operation 240,623 228,829 2,697,805 2,409,014 Financial Statements 2021-22 Excess (Deficiency) of Revenue over Expenses from Operations 87,308 195,608 Bequest (One time Legacy Gift)4,402 --- Excess of Revenue over Expenses 91,710 195,608 Allocated to Stabilization Fund -195,608 Allocated to Building Fund -91,710 * Women’s Place is the transfer payment agency for the Coalition to End Violence Against Women (CEVAW)Page 70 of 450 How your support helped in 2021-2022 We were greeted with love and kindness when we arrived at the shelter and for the first time in ages we all got a peaceful night's sleep without having to worry about anything. We all felt completely safe and I can’t describe how absolutely amazing that felt.Page 71 of 450 On June 7, 2022 Women’s Place supporters celebrated and helped to cut the ribbon at our newly expanded shelter in Niagara Falls. The opening, which was made possible with the generosity of our community, marked a significant milestone in domestic violence services in South Niagara. The larger shelter now provides 25% more shelter spaces, ten more beds in total, to support women and children experiencing domestic violence. Thank you to everyone who believed in this vision and generously supported this project. Thank you in particular to the following capital donors and supporters, without whom this project would never have been completed: Branscombe Family Foundation Canadian Mortgage and Housing Corporation City of Niagara Falls ETFO Dr. Nurjahan Huq & Dr. Amathul Azeez Danial Endowment Fund Merrit Construction Ministry of Children, Community and Social Services The Niagara Community Foundation Niagara Region BJ Romans Rotary Club of Niagara Falls Sunrise Greg & Diane Slaight Stamford Lane United Church United Way Niagara The Wise Guys Charity Thank you also to our anonymous capital and Legacy donors A milestone in domestic violence services Page 72 of 450 When the last piece of furniture arrived and the expanded shelter on McLeod Rd was ready to receive 25% more clients, it was cause for celebration. These extra bed spaces are also, however, a reminder that domestic violence is a problem that continues to impact hundreds of people... in our families, our workplaces, our neighbourhoods, our social networks. While there may now be more beds to support women and children in our community, the need for domestic violence services is continuing to grow every year. Your help has never been more critical than it is right now. Whether you are a donor, a volunteer, community partner, a politician, a member of the media, a Women’s Place staff member or other supporter, we look forward to working with you to make sure women and children are safe. Thank you for sharing your gifts to make the future safer. A new beginning... but also a call to action Page 73 of 450 Visit WillPower.ca or contact Amanda at 905-356-3933 x 240 to learn more You don’t have to choose between your loved ones and a cause you care about in your Will.Page 74 of 450 You are building hope “Getting the help we needed was the best decision I have ever made. Thank you for all the help and guidance you have given us!” For rising to every challenge... As the pandemic continued to make life more challenging in 2021-22, thank you for continuing to find creative ways to support Women’s Place. Whether you hosted or attended a community event, found ways to fundraise, made a donation, returned to the Book Riot (raising an INCREDIBLE $95,000!), volunteered or found other ways to support women experiencing domestic violence... you have made our community safer for hundreds of women and children this year alone.Thank you!Page 75 of 450 womensplacesn.org@WomensPlaceSN 8903 McLeod Rd, Niagara Falls, ON L2H 3S6 t: 905-356-3933 f: 905-356-5522 Charitable Registration #: 131135717RR0001 24HR PHONE/TEXT SUPPORT Collect Calls Accepted 905-356-5800 WAYS YOU CAN HELP DONATE MONTHLY MAKE A DONATION BECOME A CORPORATE SPONSOR REMEMBER WOMEN’S PLACE IN YOUR WILL VOLUNTEER YOUR TIME HOST / ATTEND AN EVENT Women’s Place receives funding from: www.womensplacesn.orgPage 76 of 450 Client Story 2022 The entirety of my life, I have been begging my mother to leave my father. I lived in a house that was run by a tyrant, an evil, manipulative, and slimy man. I still cannot understand how somebody can be so “Fake”. I wonder how my father can put on such a charade in an attempt to fool the people that he works with. Why can he not act the same way behind closed doors to the people that should matter the most to him? When covid began and his occupation was changed to strictly online meetings, this fake persona that he created was like a punch in the face. I would hear him with his “fake” laugh, used only at work with the intention of deceiving his colleagues into believing that he was actually human, and I would feel sick to my stomach. Of course, when the meetings were completed, he was right back to his true vile self, screaming at us and degrading us. I remember the day that we left, I was sitting on my bed terribly upset waiting for my mom to come home so that maybe I could finally convince her to leave. Soon after our conversation, she began making phone calls to see where we could go, I made sure that my father did not go near the room that she was in while she was on the phone. When she completed her phone calls and my father left the house, I was informed that we were heading to a shelter. The feeling of relief overwhelmed me as I began to digest the news I had just been given. As we got farther and farther away from the house, my mind was set at ease. Upon arrival at the shelter, I knew that we were finally safe. The shelter staff were kind and welcomed us with a warm embrace. Finally, someone understood what we had been through and truly cared for us. Although, this environment was something that I had never been privy to before, it felt more like home than the house that we lived in before. The shelter gave me a sense of freedom because I finally didn’t have to worry constantly about protecting my family. I could communicate the struggles that I had faced without feeling judged because I knew that the workers truly cared about me. The staff at Women’s Place were all like family and they Page 77 of 450 laughed with us, cried with us, celebrated with us and supported us each and every day. I will never forget Women's Place because they were a refuge that supported me and my family and they helped to save us from the horrible situation that we were in before. If Women’s Place did not exist, we may still have been stuck in hell, an abusive and horribly unhappy home. Page 78 of 450 Background: In 1983 Coordinated Outreach Emergency Services (COES) was created as a short term response to hunger in Niagara Falls under the leadership of Wayne Thomson. The initial location was in the basement of city hall, starting a long standing partnership with the City of Niagara Falls. Page 79 of 450 Background: In 1989 COES became Project S.H.A.R.E. and services increased to meet the growing needs in our community. In 1992 it was evident this temporary response would be needed long term and we became incorporated. Page 80 of 450 Current state: More than 30 years later Project SHARE is an essential service, providing over 15 programs to help keep our neighbours fed, housed and healthy. Emergency food is the immediate need that brings people in the door, and from there they are connected to all applicable support services through a one-on-one meeting with a trained client services worker. Clients can choose their own food items with dignity and fresh produce is our most requested food item. Delivery service is offered to those who need it. Nobody is ever turned away.Page 81 of 450 Current state: In 2022, -9,313 individuals accessed Project SHARE’s services representing approximately 1 in 10 residents of Niagara Falls -35% of those helped are children & youth -Emergency services were provided 55,865 times -928,702 lbs of emergency food was distributed valued at $2,981,133Page 82 of 450 The impact: $298,400 has been contributed by the City annually for numerous years, and is the only source of core, reliable funding for our emergency food program. No other government funding is received for this program. This represents 17% of our monetary budget. Our local fundraising budget is $790,000 in monetary gifts and $2,600,000 from in kind donations (food etc). Page 83 of 450 The impact : We view our funding from the City as a partnership. We know our food bank is not the solution to solving food insecurity and are committed to working with other service providers to best meet the current community needs while advocating for long term supports. In the meantime we’ve been told by our clients they would “starve” if they couldn’t access our emergency food program or “might end up behind bars”.Page 84 of 450 We were previously funded as a fee for service agency, prior to becoming a grant. We currently receive 75% of the proposed budget for social and health funding grants as council decided years ago to focus their funding on essential services that help our residents meet their basic needs The need for our services is growing exponentially. We saw an 85% increase in December 2022 over December 2021. The cost to the city should our emergency services be reduced or not available would be significantly greater We are in a crisis. Council declared a state of emergency in June 2022 on mental health, homelessness and addiction. If essential services are not available to residents this emergency will get worsePage 85 of 450 Our request: Project SHARE has been seen as a city responsibility since our inception. It is our ask to council that you continue to identify our essential, emergency support services as a responsibility and strategic priority for annual funding, in alignment with your campaign platforms, and commit to funding beyond 2024.Page 86 of 450 Page 87 of 450 MISSION Page 88 of 450 VISION Page 89 of 450 •SEVERAL MUNICIPALITIES THROUGHOUT ONTARIO SUPPORT YWCA HOMELESS SHELTERS ⚬TORONTO ⚬HAMILTON ⚬KITCHENER •THESE MUNICIPALITIES SEE THE BENEFIT Page 90 of 450 • • WOMEN’S ADDICTION RECOVERY MEDIATION (WARM) SEX TRADE ON MY TERMS (STOMT) ADULT LIFE SKILLS • • • •Page 91 of 450 • • • YOUTH SKILLS DEVELOPMENT Page 92 of 450 Youth and children WOMEN AND GENDER DIVERSE PEOPLE SENIORS 114 22 7 Page 93 of 450 Fundraising and earned income 7% City of Niagara Falls 10% Region 64% United Way 16% Other Revenue 3% Niagara Falls Shelter (Culp Street)Page 94 of 450 2004 2023 YWCA`s History in Niagara Falls •United Way continues funding the shelter and has increased their commitment •City of Niagara Falls continues funding the shelter but has not increased their commitment since 2011 •YWCA St. Catharines approached by City of Niagara Falls, United Way Niagara Falls, and Region of Niagara to reopen •Matched grants from the City of Niagara Falls and United Way •Bed per-diem from Region of Niagara •Expanded programming in the City of Niagara Falls •We are noticing that the need is greater than years previous •YW is still very reliant on this grant from the city to keep Culp Street operating Page 95 of 450 8 ADULT PROGRAM PARTICIPANTS 3 YOUTH AND CHILDREN Page 96 of 450 ADULT PROGRAM PARTICIPANTS YOUTH AND CHILDREN Page 97 of 450 2 Page 98 of 450 •57 Men •27 Children •6 Youth •30 Women Page 99 of 450 • • • •Page 100 of 450 People are on the wait list for transitional housing in Off-Site Transitional Housing People are on the waiting list for On-Site Transitional Housing 2 Page 101 of 450 Page 102 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-12 Monday, January 16, 2023 F-2023-02 (Presentation and correspondence added) 2023 Boards and Commissions, Fee for Service, Grants and Honorariums Recommendations Report Council, I'm glad to see the city is learning. I noticed recommendation... ... contains the condition that the grant will be "considered as part of the overall contribution to the Niagara Falls South Niagara Hospital.". This validates my concerns over the Niagara Health ask for another $10 million to be added to our tax levy during these hard times. In retrospect that short little sentence could have saved all parties a lot less stress and effort had it been included with the land donation. Clearly it demonstrates the City's intentions that their donations are to be considered as part of the overall contribution to the Niagara Falls South Niagara Hospital. Page 103 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 104 of 450 PBD-2023-02 Report Report to: Mayor and Council Date: January 17, 2023 Title: AM-2022-022 Zoning By-law Amendment Application 7961 Booth Street Applicant: Antonio Gallo Agent: Mitchell Baker (LandPro Planning) Recommendation(s) That Council approve the Zoning By-law amendment to rezone the subject lands to two (2) site specific R1E Zones as detailed in the report. Executive Summary The applicant proposes to create an additional lot through a future consent application. This future consent will require a change to Zoning By-law No. 79-200 from Residential 1C Density Zone to a site specific Residential 1E Density Zone to recognize a reduced lot area and exterior side yard for Part 1 (future retained lot) and a reduced lot area and frontage for Part 2 (future new lot). The amendment is recommended for the following reasons: • The proposed development conforms to Provincial, Regional and City policies as it intensifies land within the Built-up Area, will assist the City in meeting its intensification targets and will provide additional housing choices for residents; • The requested site-specific residential zone maintain appropriate regulations for the proposed dwelling type and ensures the proposed development will be compatible with surrounding properties; and, • A future consent application will be required for the creation of Part 2. Background Proposal Antonio Gallo has requested a Zoning By-law amendment to facilitate a future consent application to create a new lot for a new detached dwelling and to recognize the siting of the existing dwelling on the retained lot with site specific zoning for each lot. Schedule 2 shows the site sketch and details of the proposed future consent application for Part 2. Page 1 of 8 Page 105 of 450 The subject land is zoned Residential 1C Density Zone (R1C), under Zoning By-law No. 79-200. The applicant is requesting that the lands be placed under a site specific Residential 1E Density Zone (R1E) for both Part 1 and Part 2. Site Conditions and Surrounding Land Uses The subject land is located on a corner lot that has as a single detached dwelling with a detached double car garage. The detached garage will be removed. The property has large mature trees on the east side and a wooden privacy fence at the rear. The subject land is bounded by Beaverdams Road on the northeast; with single detached dwellings on the north, west, south and east sides. Circulation Comments Niagara Region, GIS Services, Legal Services, and Municipal Works • No objections. CN Rail • A condition of the consent will be that a warning clause be placed in all development agreements, offers of purchase and agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the railway right-of-way. Building Services • A demolition permit will be needed for the detached garage. Building permits will need to be obtained for the new construction. Building permit fees and development charges will be assessed during building permit application review. Transportation Services • 1.44 metre road widening to be dedicated as part of the Beaverdams Road allowance and a 5 metre by 5 metre daylight triangle is required at the intersection of Beaverdams Road & Booth Street. • The driveway for Part 1 must be on Booth Street, at the most southern part of the lot, furthest away from Beaverdams Road. Neighbourhood Comments The neighbourhood open house (Zoom meeting) was held on November 9, 2022, attended by the applicant’s agent and the applicant with no residents present. Three emails were received in regards to the proposal. The issues included: • Beaverdams Road being a busy road; • Sightline visibility; • That a 3 way stop be placed at the intersection of Watson Street and Beaverdams Road; • Increased runoff due to the new development; and Page 2 of 8 Page 106 of 450 • That the proposed new lot and the design of the dwelling will remove privacy and be an intrusion that will alter the character of the neighbouring property and may devalue property Staff offer the following comments in response: • Transportation Services staff will undertake a traffic count and observations to determine whether a 3-way stop is required; • A stormwater management brief submitted with the application confirmed that there will be no adverse impacts subject to the approval of a grading and drainage plan. This plan will be required as a condition of Consent approval; • Current building setback requirements are not being amended, save and except the exterior side yard width along Beaverdams to recognize the existing dwelling. The as requirements setback the same comply will dwelling proposed to surrounding dwellings; and; • Staff have no evidence that redeveloping an underutilized property would lead to devaluation of surrounding properties. The applicant met with a concerned neighbour and offered the following: • To not install windows on the 2nd floor elevation of the proposed dwe lling facing into the interior side yard; • To construct a wood fence along the interior side yard abutting the neighbour; • Open space areas that may attract vermin during construction and construction during winter would be avoided as much as possible to mitigate nuisance; and • The applicant also offered to cooperate with the neighbour should there be any further concerns. Analysis Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: • The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act; • The proposed development is located within a settlement area. The application assists in promoting growth and development within the settlement area through efficient use of existing infrastructure, is transit supportive and assists in the creation of a complete community; and, Page 3 of 8 Page 107 of 450 • The rezoning amendment application will facilitate the future creation of a new lot to construct a new single detached dwelling. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. The proposed development complies with the Regional intensification density target of 40%. The proposal represents residential infill in an established urban neighbourhood that will make better use of existing municipal infrastructure, as well it will support the City in achieving intensification target as set out in Regional policy. City Official Plan The Official Plan designates the subject land as Residential. The creation of the new lot on Part 2 provides a density of 28 units per hectare which complies with density count for the Built-up area in the City’s Official Plan. The proposal conforms as follows: • The proposal encourages opportunities for housing choices including smaller lot sizes, with proper and adequate municipal services; • The character of the existing neighbourhoods within the Built-up Area shall be retained. The proposed building envelope shown on Part 2 complies with the setbacks, lot coverage, height and landscape requirements that are consistent with the adjacent residential dwellings located in the neighbourhood; • The proposal creates a residential lot near commercial developments along Lundy’s Lane. This intention is to create a more walkable neighbourhood that makes use of the existing infrastructure; • The subject property is underutilized and can be severed to create a new building lot in an established neighbourhood; and • The proposal makes efficient use of land in the residential neighbourhood to facilitate the construction of a new detached dwelling. Zoning By-law The applicant has requested two (2) site specific Residential 1E Density (R1E) zones be applied to the entire site to permit the proposal for Part 1 (rem nant) and Part 2 (future severed lot). The departures requested from the standard R1E regulations are summarized in the following tables: ZONE REGULATION - PART 1 EXISTING REGULATION REQUESTED REGULATION Minimum lot area for a corner lot 450 square metres 435 square metres Minimum exterior side yard width 4.5 metres 2.8 metres Page 4 of 8 Page 108 of 450 ZONE REGULATION - PART 2 EXISTING REGULATION REQUESTED REGULATION Minimum lot area for an interior lot 370 square metres 360 square metres Minimum lot frontage for an interior lot 12 metres 10.97 metres The requested zoning is appropriate as follows: • The R1E zones are intended to regulate single detached dwellings; • The requested reduction in lot area and frontage for Part 2 is an infill lot that will not negatively impact the surrounding lot fabric, streetscape and built form of the neighbourhood. A building envelope was provided that complies with all the other regulations of the R1E zone; • The requested reduction in lot area for Part 1 is minor and will have no noticeable impact; • A decrease in the exterior side yard requirement for Part 1 is the requested due to the road widening on Beaverdams Road; • The requested reduction of lot frontage on Part 2 does not impact the streetscape or established neighbourhood from in relation to the other residential dwellings located in the neighborhood; and, • The proposal allows for infill development and intensification within the Built-up area. New infill development will often result in smaller lot sizes with smaller frontages. This remains consistent with the new development throughout the City and aligns with the policy objectives. Operational Implications and Risk Analysis No operational implications and risk analysis. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue for the City. Strategic/Departmental Alignment The proposed development supports the Diverse Housing Strategic Priority by providing housing to meet the needs of people of all ages, incomes and abilities. List of Attachments SCHEDULE 1 - Location Map SCHEDULE 2 - Site Sketch Written by: Nick DeBenedetti, Planner 2 Page 5 of 8 Page 109 of 450 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 11 Jan 2023 Jason Burgess, CAO Approved - 11 Jan 2023 Page 6 of 8 Page 110 of 450 SCHEDULE 1 (Location Map) Page 7 of 8 Page 111 of 450 SCHEDULE 2 (Site Sketch) Page 8 of 8 Page 112 of 450 7961 Booth Street –AM-2022-022 Applicant: Antonio Gallo Agent: Mitchell Baker Proposal: To rezone, create a new lot and to recognize the siting of the existing dwelling on Public Meeting-Zoning By-law Amendment Application AM-2022-022 –7961 Booth Street Page 113 of 450 A GREAT CITY…FOR GENERATIONS TO COME Detached dwellings SUBJECT LANDS Detached dwellings Location School Page 114 of 450 A GREAT CITY…FOR GENERATIONS TO COME Background •Applicant has requested approval for a Zoning By-law amendment for 7961 Booth Street; •The land is designated Residential in the City’s Official Plan; •The land is zoned Residential 1C Density Zone (R1C); •The applicant has requested a Zoning By-law amendment to facilitate a future consent application to create a new lot for a new detached dwelling and to recognize the siting of the existing dwelling on the retained lot with a site specific R1E zoning for each lot. Page 115 of 450 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning (R1E-XX) Part 1 Min. exterior side yard width 2.8m (req’d 4.5m) Min. Lot Area for a Corner Lot 435 sq.m. (450 req’d)Page 116 of 450 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning (R1E-XX) Part 2 Min. Lot Area 360 sq.m. (370 req’d) Min. Lot Frontage 10.97m (req’d 12m)Page 117 of 450 A GREAT CITY…FOR GENERATIONS TO COME Open House –November 9 Comment/Concern Staff Response •Traffic •Transportation Staff will undertake a traffic count to determine whether a 3 way stop is required at the corner of Watson Street and Beaverdams Road. •Storm water Management •Storm water Management Brief showed no adverse impact, a Drainage and Grading Plan will be required as a condition of the Consent approval. •Built Form and Property Value •Proposed new dwelling will comply with the same setback requirements as the surrounding dwellings and staff have no evidence that the proposal would devalue the surrounding properties. •Applicant comments •Not to install windows on the 2nd floor facing the interior side yard of the concerned neighbour and to construct wood fence along the interior side yard abutting the neighbour for privacy. •Open space areas that may attract vermin and construction during the winter months would be avoided as much as possible to mitigate nuisance. •Offered to cooperate with the neighbour should there be any further concerns.Page 118 of 450 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposal conforms to Provincial, Regional, and Local policies as it intensifies land within the Built-Up Area; •The property is designated Residential and is proposed to be used for residential purposes; •The rezoning amendment application will facilitate the future creation of a new lot to construct a new single detached dwelling; •The proposal allows for infill development and intensification in the Built- Up Area; •The requested reduction in lot area for Part 1 is minor and will have no noticeable impact. The decrease in the exterior side yard is requested due the road widening on Beaverdams Road; •The requested reduction in lot area and frontage for Part 2 will not negatively impact the surrounding lot fabric, streetscape and built form in relation to the other residential dwellings located in the neighbourhood.Page 119 of 450 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed ZBA as modified and recommended in report PBD-2023-002 Page 120 of 450 Nick DeBenedetti From: Sent: To: Subject: Hello Mr.DeBenedetti, I was on the city website and was reading about this application .Just want to clarify that they will be adding a house where the garage is currently located ? If this is the case ,(even with the proposed road widening)I would like to suggest that a 3-way (or all- way)stop be added at the intersection of Watson St and Beaverdams Rd . I live in Orchard Grove estates and exit our neighbourhood via Booth to Beaverdams and many cars that come from the west on Beaverdams fly around the bend that starts before the Booth St intersection.Also,traffic coming down Watson from Montrose Rd gets backed up there often due to only 1 stop sign being there and cars trying to turn left (East)onto Beaverdams sometimes have a long wait especially when school starts ,and gets out ,at Cardinal Newman.Most cars turning right onto Beaverdams (West)from Watson don't even look or make an attempt to stop prior to making the turn.Pedestrians need to be very aware otherwise they chance getting hit from drivers not looking before turning right onto Beaverdams . Thank you for your time and consideration . Andrew Waskawich CAUTION :This email originated from outside of the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 ANDREW WASKAWICH Monday, November 7, 2022 7:23 PM Nick DeBenedetti [ EXTERNAL] - AM - 2022 - 022 - 7961 Booth Street Page 121 of 450 Nick DeBenedetti From: Marcelle Deistler < Sent: Tuesday, November 8, 2022 8:06 PM To: Nick DeBenedetti Cc: Marcelle Deistler Subject: [EXTERNAL] -City File: AM -2022-022 Dear Mr DeBenedetti: Good evening, I have a few concerns about the proposed building site on 7961 Booth Street, Niagara Falls Assessment Roll No.: 2725-090-005-04900, Amendment Application -City File: AM -2022-022. I would like to know if a legal variance was supplied or implemented. I have concerns for many reasons. I have not been sent a blueprint of the new construction next to my home on , Niagara Falls, Ontario. I have no knowledge of the future construction on 7961 Booth Street. I am concerned that it will change the whole dynamic of my property on If it is a 2 storey home, I will have limited view out onto my property as well as denied privacy. I am not pleased with the new development so close to my own home as well as, a decrease in property value of my property. If a 2 storey home is built on 7961 Booth Street, I will no longer have a side view out of my windows as well as the second storey will have a clear view of the inside of my home which will lead to no more privacy. I also have concerns of how far out the home will be designed, if extended almost to the sidewalk, I will no longer have a view from my front living room as well. I also wanted to mention the mess, dust, and debris coming into my home while they are working on this construction. I am also concerned about the noise of trucks and bulldozers if any are needed as well as hammering for the construction. I also believe it will be an intrusion that will alter the character of my property. I have not seen any building permits and I have not reviewed any architectural site plan of the proposed design and grading. How will this affect my land and property? I also have to voice my opinion on any damages to trees or fences on my property, as well as power lines. I would like more information about this new construction on 7961 Booth Street, Niagara Falls and the new proposed blueprints of the new home. Unfortunately I will not be able to attend in person since I have other commitments. I would rather continue to be well informed on the proposed new home on 7961 Booth Street. Thank you for your time, Marcelle Deistler Niagara Falls, ON CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. i Page 122 of 450 Nick DeBenedetti From: Marylou Crosswell < Sent: Wednesday, November 9, 2022 4:54 PM To: Nick DeBenedetti Subject: [EXTERNAL] -7961 Booth Street Good Afternoon, In regards to the request for the Zoning By-law amendment for 7961 Booth St., my main concern is the sight line when turning from Booth St onto Beaverdams. Right now, when you are trying to turn onto Beaverdams from Booth St, it is difficult to see traffic coming from the left hand side. I can't tell from the plans where the new driveway will be or how close to Beaverdams Road the property will be. My other concern is will they be filling in the ditch? The infrastructure on Booth St, is bad enough without having another home tying into the existing sewer system. We experience flooding every year. ( you can look that up with the engineering department ) I would ask that the planning department take these concerns into consideration. One final thought : I can't believe that lot is big enough to sever into two lots. Regards, Mary Lou Crosswell CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. i Page 123 of 450 Zoning By-Law Amendment Application 7961 Booth Street, Niagara Falls Council Meeting January 17th, 2023 1Page 124 of 450 2 Proposal Overview RETAINED SEVERED 5m DAYLIGHT TRIANGLE ROAD WIDENING 7961 Booth Street, Niagara FallsPage 125 of 450 The Application 3 Residential 1E Density with Site Specific Exceptions (R1E -XXX) Retained (PART 1) -To permit a reduced lot area and exterior side yard Severed (PART 2) -To permit a reduced lot area and lot frontage Residential 1C Density (R1C) CURRENT PROPOSED Zoning By-Law Amendment (Rezoning) 7961 Booth Street, Niagara FallsPage 126 of 450 4 ►Zoning By-Law Amendment Application ►Rezone from R1C to R1E ►Relief required from the following: The Application 7961 Booth Street, Niagara Falls Provision Required Proposed Min. lot area (PART 1)450sqm 437.1sqm Min. exterior side yard (PART 1) 4.5m 2.82m Min. lot area (PART 2)370sqm 361.8sqm Min. lot frontage (PART 2) 12m 10.97m Page 127 of 450 5 Public Comments Comments Response Traffic volumes To be determined by City Transportation Staff if a new all-way stop is required at Beaverdams Rd. The adjacent property owner is concerned about property value, construction noise, property character, and privacy if a two-storey dwelling is constructed. •Owner has spoken with this neighbour in attempt to address their concerns •Offered to not install 2nd storey windows, and construct new fencing to maintain privacy •Any disturbances during construction are to be planned for and mitigated •Willing to cooperate should there be any further concerns Stormwater management and drainage concerns A Drainage and Grading Plan has been submitted as part of this application to ensure there are no adverse effects resulting from this application Any further comments will be addressed during this meeting 7961 Booth Street, Niagara FallsPage 128 of 450 CAO-2023-01 Report Report to: Mayor and Council Date: January 17, 2023 Title: Fallsview BIA request on forgive contribution for Convention Centre Recommendation(s) That the City of Niagara Falls amend the final payment terms of the Fallsview BIA 's Convention Centre payment to allow the BIA to defer the payment of the remaining amount until an updated building assessment and financial review is completed by the BIA and the City which is anticipated to be completed before December 31, 2024. Executive Summary The Fallsview BIA has requested that the 2021 contractual obligation payment be waived. This would effectively mean that the BIA would have only made 13 of its require 15 payments. Staff entered into discussions with representatives of the BIA and the Convention Centre. The recommendation is that prior to a decision of a waiver being made, the BIA and Convention Centre staff would provide more information to support this request. Specifically an updated building condition assessment report would be obtained, a 10 year funded capital plan, current financial statements of both the BIA and the Convention Centre as well a go forward business plan. This would provide all parties better information as to the current condition and the plans to maintain the asset. Alternatively, Council may consider a denial of the request and provide an amended payment schedule to the BIA. Background In December of 2021, The Fallsview BIA board requested via a letter that the BIA be exempt from its final payment for the Convention Centre. The 2020 payment of $1 million was previously waived by this Council in October of 2020. This request was formally moved to the June 21, 2022 Council meeting at which time the following motion was passed: Page 1 of 7 Page 129 of 450 • ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo, that Council refer to staff the matter requesting the City of Niagara Falls to amend the Fallsview BIA agreement. This report provides Council with an update and recommendations from staff. Analysis The physical convention centre building is owned by the City of Niagara Falls. The Convention Centre was created via contributions from Federal, Provincial, Regional governments along with contributions from the City of Niagara Falls and the Private sector (Falls Management Corporation and the Fallsview and Victoria Centre BIA). The contributions were provided through a contribution agreement between the various levels of government and it required the BIA to contribute $15,000,000 for the operation and maintenance of the Centre for the fifteen-year period commencing in 2007. The convention centre business is owned by the BIA, as such the business or operational risks rests substantially with the BIA, the taxpayer is not liable for operational losses. The Capital Risk in theory rests with the City, however to maintain the business the BIA is incentivized to maintain the building in good condition. Though if the BIA were to no longer wish to operate the Convention Centre the City will be left with maintaining the building. From Staff's prospective we do not believe a waiver is appropriate at this time without further information being obtained due to the following reasons: • One year was already waived. • In 2022 Council approved the release of $452,000 from a special reserve that was being kept by the City for major repairs to the Convention Centre. The Convention Centre required emergency repairs to its seating for health and safety reasons. Though this was not the general intent of this reserve due to the recovery of the industry from COVID and to allow the Convention Centre to begin generating revenue it was a prudent approval by the Council. As part of the conditions of the release staff and the Convention Centre management team agreed the Convention Centre would subsequently repay their internal capital reserve by $90,000 per year, pursuant to a memorandum of u nderstanding. Thus the City has no reserve funds for this building as a result of this transfer. • Based on the first two items more than $1.45 million in support has been provided. • Staff have concerns that the Convention Centre does not have sufficient reserve funds to cover to maintain the building. The building is now aging and no different than the challenges the City will have in fully funding its asset management plan, staff believe that more capital support is required for the building. • To further support the above staff have also recently provided some technical support to the Convention Centre regarding the refurbishment of their parking lot Page 2 of 7 Page 130 of 450 and interior roadway. This refurbishment will be a significant cost to the Convention Centre (greater than $500,000). • The Convention Centre will be part of the asset management obligations of the City and we do not believe it is appropriate to have taxpayers pay for shortfalls from the Convention Centre. Operational Implications and Risk Analysis The City of Niagara Falls is the residual owner of the building. If the building falls into disrepair, the City will be forced to make the decision to either fund the repairs and maintain the positive impact of the Convention business in Niagara Falls or look to sell or reposition the building for other uses. Financial Implications/Budget Impact There is no immediate impacts. However this issue may impact our non -core asset management requirements. Contributor(s) Tiffany Clarke, Serge Felicetti List of Attachments City MOU Aug 2022 10-27-2020 - Scotiabank Convention Centre letter dated September 29, 2020 - Attachement 1 - Letter from Scotiabank Convention Ce 10-27-2020 - Scotiabank Convention Centre Letter dated September 29, 2020 Written by: Jason Burgess, CAO Submitted by: Status: Jason Burgess, CAO Approved - 11 Jan 2023 Page 3 of 7 Page 131 of 450 M m andum fUnd tand ng /WW/~HE NIA A L‘§’c NVE 6 0|’0 ers I Parties:City of Niagara Falls and the Niagara Falls Convention Centre Date:July 25,2022 Background:The City of Niagara Falls has retained a Convention Centre reserve.The reserve was established with surplus construction funds.The intent of the reserve was to have additional funds for major capital repairs,generally considered building envelope or HVAC repairs. The Convention Centre requires the City of Niagara Falls to transfer this reserve to the Convention Centre the reserve to address a seating issue.The City of Niagara Falls noted that this repair would not normally qualify as a major capital repair,however due to the current environment the City of Niagara Falls believed that an accommodation should be made to support the industry at this time.The increase in seating and capacity at the Convention Centre is anticipated to advance the economic well-being of the City of Niagara Falls and advance the interests of its citizens.Management and City Council supported transferring the reserve to the Convention Centre on the condition that in subsequent years the Convention Centre repay to their internally restricted reserve an additional $90,000 per year until the transferred amount is repaid. The Convention Centre will hold these funds in excess of their normal required life cycle reserve.The Convention Centre can seek the approval of the City to draw these funds down in the future as part of a major capital repair. Requirements: The Convention Centre will provide appropriate documentation as to the costs incurred to ?x the seating. o The City will transfer the funds to the Convention Centre. The Convention Centre will on an annual basis provide the City with its annual audited statements outlining the building life-cycle report.The Convention Centre will confirm the repayments of the amount to the reserve as prescribed ($90,000 per year). c The Convention Centre will con?rm its life cycle cost obligations to the City on an annual basis. o The Convention Centre will maintain an excess amount in their reserve. o The Convention Centre can request to reduce the excess amount of their reserve from the City in order to meet a life cycle cost obligation. Authority to Amend:The CAO of the City of Niagara Falls and the CEO of the Convention Centre may mutually agree to adjust the above terms. Agreed to by the parties as follows NTION THE CORPORATION OF THE CITY OF CENTRE NIAGARA FALLS Per:Per: I have authority to bind the Corporation I have authority to bind the Corporation Page 4 of 7 Page 132 of 450 Scotiabank Convention Centre 6815 Stanley Avenue Niagara Falls,Canada,L2G 3Y9 905.357.6222 I fa|lsconventions.com ||I|||'ll||”|'“|l||IIill‘:|'I Scotiabank” CONVENTION CENTRE NIAGARAOCANADA September 29,2020 Tiffany Clark,CPA,CA Director of Finance City of Niagara Falls 4310 QueenStreet Niagara Falls,Ontario L2E 6X5 Dear Tiffany: 1 am following up to our email exchange of late June this year. The issue of the agreement between the Board of Management of the Fallsview Business Improvement Area and the Corporation of the City of Niagara Falls concerning the contribution to the Convention Centre has been discussed by our Board of Directors at the last two meetings (July 28,2020 and September 28,2020). Our Board of Directors acknowledges the severe conditions being faced by all industry partners and stakeholders,recognizes the extremely difficult times under which they are operating,and supports the request of the Fallsview BIA for forgiveness of the $1,000,000 calendar 2020 investment/contribution to the Convention Centre.This position was confirmed at our most recent Board meeting September 28, 2020. Thank you and please contact me if you require further information. Sincerely, Noel BuckleyPresident&General ManagerScotiabankConventionCentreCc:Wayne Thomson — Chair Scotiabank Convention Centre Board of DirectorsChairFallsviewBIAplantobeimpressed.Page 5 of 7Page 133 of 450 Page 1 of 2 Memo To: Mayor James Diodati, Members of Niagara Falls City Council From: Tiffany Clark, Director of Finance Date: October 27, 2020 Re: Scotiabank Convention Centre request dated September 29, 2020 RECOMMENDATION 1. If Council wishes to amend the agreement as requested is should direct the Acting City Solicitor to make the necessary changes to the September 20, 2007 agreement between Fallsview BIA and the City regarding a 15 year funding commitment to Scotiabank Convention Centre as per Scotiabank Convention Centre and Fallsview BIAs mutually agreed upon request outlined in Scotiabank Convention Centre’s letter dated September 29, 2020. Specifically, the amendment is to modify the funding commitment from $15,000,000 over 15 years to $14,000,000 over 15 years, removing the requirement to pay $1,000,000 in the 2020 calendar year. BACKGROUND On September 20, 2007, The Board of Management of the Fallsview Business Improvement Area (“Fallsview 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 Fallsview BIA. Specifically, the agreement states: “That the Fallsview BIA will contribute a total of Fifteen Million ($15,000,000.00) 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 Million ($1,000,00.00) 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, Fallsview BIA is requesting “forgiveness of the $1,000,000 calendar 2020 investment/contribution to the Convention Centre” and the Convention Centres’ Board has approved same at their Board meeting of September 28, 2020. Page 6 of 7 Page 134 of 450 Page 2 of 2 The Board is reaching out to the City to receive Council’s approval to amend the September 20, 2007 agreement between Fallsview BIA and the City from a $15,000,000 commitment over 15 years to a $14,000,000 commitment over 15 years removing the requirement to pay $1,000,000 in 2020, resuming with the final $1,000,000 payment in 2021. LIST OF ATTACHMENTS 1. Letter from Scotiabank Convention Centre dated September 29, 2020 2. Original agreement dated September 20, 2007 between Fallsview BIA and the City. Page 7 of 7 Page 135 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-4 Sunday, January 15, 2023 CAO-2023-01 Fallsview BIA request on forgive contribution for Convention Centre Report Council, As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor of staffs recommendation as is. Page 136 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 137 of 450 PBD-2023-01 Report Report to: Mayor and Council Date: January 17, 2023 Title: Official Plan Amendment No. 149, Updated Housing Policies Recommendation(s) It is recommended that Official Plan No. 149 be adopted and approved. Executive Summary Official Plan Amendment No. 149 (OPA No. 149) proposing updates to the City's Housing Policies as included under the Niagara Falls Housing Strategy has completed its public consultation process. No changes to the draft amendment presented to Council on August 9, 2022 were necessary as no additional comments were received at the Public Meeting. OPA No. 149 is being brought forward for City Council approval as per the August 9, 2022 direction of Council. Background In March of 2022, Council endorsed the second phase of the Niagara Falls Housing Directions Study: the Housing Strategy. The Housing Strategy encourages, supports and permits the development of a more diverse mix and range of housing options to meet the City’s current and future demands. It contains 21 actions for policy directions, programs and tools to achieve the Council endorsed affordability target of 40%. Subsequent to the endorsement of the Housing Strategy, Staff initiated an amendment to the City’s Official Plan to implement 5 of those 21 actions: • to update the OP to include affordable housing targets; • to update the OP to include a framework for achieving housing targets; • to provide opportunities for the creation and ongoing monitoring of second units; • to define the City’s role and responsibility in supporting housing using affordability; and • to develop a policy to review all surplus municipal land for housing suitability A draft official plan amendment was prepared in conjunction with the City’s Consultant on the Housing Directions Study (Dillon Consulting). The draft amendment was made available for public consultation online, through a public open house and finally through a Public Meeting of Council on August 9, 2022. Page 1 of 2 Page 138 of 450 The recommendations of PBD-2202-60 for Council to receive input presented at the Public Meeting and, with consideration of the public input received, bring forward an amendment to the Official to a future Council meeting for adoption. Analysis The City did not hear from any presenters at the Statutory Public Meeting. Input received from the previously held Open House and through consultation with the Niagara Region formed part of the draft amendment pre sented to Council on August 9, 2022. Staff have further reviewed the proposed amendment pursuant to the draft changes to the Planning Act proposed under Bill 23. The draft Official Plan Amendment No. 149 (OPA No. 149) contains policies regarding the use of Demolition and Conversion Control By-law and a Rental Replacement Bylaw to ensure the protection of rental housing options. Bill 23 proposes limits to the use of demolition control by municipalities. As such, policies 4.13, 1.14 and 4.17 of OPA No. 149 have been modified with phrasing to ensure that those tools can be used only as permitted under the Planning Act (and without further amendment to the Official Plan) to address any future conflicts. The Niagara Region has exempt OPA No. 149 from Regional Council approval and therefore Council will be the approval authority for the amendment. Financial Implications/Budget Impact There are no direct financial implications arising from this report. Strategic/Departmental Alignment The amendment to the City's Official Plan to implement the City's Housing Strategy is consistent with the City's Strategic Priority of Diverse and Affordable Housing. Written by: Francesca Berardi, Planner 2 Submitted by: Status: Jason Burgess, CAO Approved - 11 Jan 2023 Page 2 of 2 Page 139 of 450 CITY OF NIAGARA FALLS By-law No. 2023-006 A by-law to provide for the adoption of Amendment No. 149 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 149 to the City of Niagara Falls Official Plan is hereby adopted. 2. This by-law will come into force and effect on the day of the approval of the amendment by the Regional Municipality of Niagara. Passed this 17th day of January 2023. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: Page 140 of 450 OFFICIAL PLAN AMENDMENT NO. 149 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Falls Official Plan respecting housing to implement Actions 1, 2, 5, 10 and 11 of the City of Niagara Falls Housing Strategy. (ii) Location of the Amendment The amendment applies to all lands within the City of Niagara Falls. (iii) Details of the Amendment Text Change The amendment introduces a new Part 1- Section 4- Housing to the Official Plan to implement Actions 1, 2, 5, 10 and 11 of the City of Niagara Falls Housing Strategy The following minor revisions were are also made: - Introduction of a new Growth Objective in Part 1- Section 2 related to increasing the supply of affordable housing; - Introduction of the provision of affordable and attainable housing as an assessment criteria for property acquisition, investment and public/private partnerships, and the sale of surplus land (Part 1- Section 3, Policy 3.14.4) - Relocation the broad city-wide affordable housing policies contained within Part 2- Section 1 to the newly created Part 1- Section 4 - Housing - Renumbering of policies, as appropriate. (iv) Basis of the Amendment Dillon Consulting Limited (Dillon), in collaboration with Tim Welch Consulting (TWC) were retained by the City in late 2020 by the City of Niagara Falls to conduct Housing Directions Study with the intent to undertake technical background research to inform the development of a Housing Strategy to help guide the City in meeting the various housing needs of current and future residents of Niagara Falls. The study assessed the City’s socioeconomic and demographic composition and reviewed the City’s residential land supply in terms of its ability to meet growth allocations the 2051 planning horizon, as well as in terms of the suitability of the housing mix distribution in providing housing types that could meet the financial needs of current and future residents. Based on the technical work completed and documented in the Housing Needs and Supply Report, a Housing Strategy was prepared, which included a vision and goals for housing in the City; and, a twenty-one (21) theme-based actions to be implemented by the City to address housing gaps in the short, medium, and long term. The Niagara Falls Housing Directions Study was subject to engagement via an online survey and targeted stakeholder interviews in the early phases of the work. A Technical Advisory Page 141 of 450 Committee (TAC) was also formed to provide input on key deliverables throughout the duration of the project. Presentations to Council occurred on June 22, 2021, to present the Housing Needs and Supply Study; and, on March 22, 2022 to present the Housing Strategy. At the Council meeting of March 22, 2022, Council endorsed the Housing Strategy and directed staff to initiate the formal Official Plan Amendment process to implement the policy-based short-term actions (Actions 1, 2, 5, 10 and 11 of the Housing Strategy), with other policy-based actions to be implemented at a later date as part of the City’s Official Plan Review. The Statutory Public meeting under the Planning Act was held on August 9, 2022. Page 142 of 450 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. 149 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. TEXT CHANGES a) PART 1, SECTION 2 STRATEGIC POLICY DIRECTION is amended by adding the following new growth objective as item 14 in the list of Growth Objectives: 14. To increase the supply of affordable housing options in the City and aim to achieve an annual target of 40% of all new housing developed meeting the definition of “affordable” b) PART 1, SECTION 3, INTENSIFICATION, Policy 3.2, Policy 3.4, Policy 3.6, and Policy 3.7 are all amended by replacing the reference to Part 2, Section 1.15.5 (iii) with Part 2, Section 1.11.4 (iii) in all instances c) PART 1, SECTION 3, INTENSIFICATION, Policy 3.14.4 is amended as shown below, with additions shown highlighted and underlined: Section 28 of the Planning Act permits municipalities to acquire land for the purpose of community improvement. The Community Improvement Plan for each node provides for a general program for the City’s involvement in property acquisition, investment and public/private partnerships. Council may also consider selling surplus City-owned land for redevelopment. In such cases, the City will also undertake a process that requires interested parties to submit a proposal for the development of the lands. These proposals shall be assessed on specific criteria established for the subject lands and the following policies: compliance with the policies of this Plan; consistency with the goals and objectives of the Community Improvement Plan; sensitivity of the proposal to the surrounding land uses and heritage character; the potential of the proposal to stimulate further regeneration and intensification; the provision of affordable and attainable housing; and the financial impacts of the proposal on the City. Page 143 of 450 d) PART 1, SECTION 4, HOUSING is added in its entirety, as shown below: “SECTION 4 HOUSING A range of housing which is affordable, accessible, adequate, and appropriate s is needed to ensure a high quality of life for residents. In order to meet the needs of current and future residents, a range of housing options is needed that includes the full spectrum of housing types, such as emergency shelters, transitional housing, subsidized and/or government assisted housing, affordable rental housing, affordable home ownership, market rental housing, market home ownership, and supportive housing. Planning for and supporting housing affordability is a shared responsibility between the City of Niagara Falls and Niagara Region. City Council also has an important role to play in housing affordability. City Council should have an understanding of the housing needs of residents across the entire housing spectrum and can advocate for housing affordability to other levels of government, develop partnerships with local providers, agencies and the private sector and educate the community more broadly about housing needs and affordability in the City. Understanding this shared responsibility is key to ensuring people living within Niagara Falls are served by effective local and regional municipal partnerships and collaboration that support housing affordability in the City. The policies in this section conform to the policy framework established in the Niagara Official Plan, and are intended to meet the following vision and goals for housing to assist in addressing housing needs as outlined in the City’s Housing Strategy. VISION AND GOALS FOR HOUSING Vision All residents have safe, stable and appropriate housing to meet both their physical and financial needs throughout the various stages of life. Goals 1. Ensure housing is available throughout the City to meet the varying financial needs of existing and future residents. 2. Diversify the City’s housing supply to include a wider range of price points; mix of housing types and densities; and, a range of options for housing tenure (rental and ownership). 3. Remove barriers to the creation of a range and mix of housing types, including alternative forms of housing throughout the City. 4. Understand the City’s housing system moving forward through continuous and ongoing comprehensive data collection, monitoring and reporting. 5. Cultivate and maintain strong relationships with regional and municipal partners, other levels of government, the private sector, and not-for-profit sectors to advance the various actions set out in the City’s Housing Strategy. Page 144 of 450 GENERAL POLICIES FOR HOUSING 4.1 The City supports a range of housing uses and built form types, including housing that is affordable. To achieve this the City shall: Provide opportunities for the development of affordable housing across the municipality Establish targets for affordable housing Promote a greater diversity of housing types Ensure a healthy supply of rental units Increase public awareness about housing and provide advocacy for partnerships Provide a variety of financial incentives to promote and facilitate the development of affordable and rental housing Monitor and report on an ongoing basis to measure the efficacy of implementation of the City’s Housing Strategy, address emerging housing needs and ensure actions are met within the stated timeframes 4.2 The City’s Housing Strategy and key actions shall be implemented in collaboration with the Region, senior levels of government, the development industry, community partners and other stakeholders to increase housing options, including affordable and purpose-built rental options. 4.3 Opportunities for a choice of housing including type, tenure, cost and location shall be provided to meet the changing needs of households throughout the Built-up Area and Greenfield Area. In order to achieve this goal, the City shall support the following: 4.3.1 Multiple unit developments, smaller lot sizes and innovative housing forms. 4.3.2 Development of vacant land, and more efficient use of under-utilized parcels and existing housing stock. 4.3.3 The full utilization and consolidation of properties to achieve larger scale and more comprehensive residential development. 4.3.4 Development of housing in conjunction with commercial developments in order to create walkable neighbourhoods. 4.3.5 Accessory dwelling units in single-detached, semi-detached and townhouse dwellings in accordance with the legislation set out in the Planning Act and as further regulated through the policies of this Plan and the Zoning By-law 4.4 Applications for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium shall include, as part of a complete application, the submission of a housing impact statement, either as a standalone report for large- scale projects, or as a section within a planning justification report for small-scale projects, demonstrating how the proposal implements the City’s Housing Strategy. The housing impact statement shall include the following: a) The proposed housing mix by dwelling type and number of bedrooms, as applicable; Page 145 of 450 b) How the proposal contributes to achieving the City’s annual housing targets as outlined in Part 1, Section 4, Policy 4.8 a) and b); c) The estimated rents and/or sales prices of the development, indicating where they are either above or below the threshold for affordable as defined by the Niagara Region and the City; d) Where construction of the units is expected to occur in phases, information regarding the number of housing units that would meet Niagara Region’s and the City’s definition of affordable to be provided per phase, where applicable; and, e) The proposed legal and/or financial mechanisms to ensure the delivery of any proposed new affordable housing commitments, and mechanisms to retain the long-term affordability of units, where applicable. 4.5 A housing impact statement as set out in Policy 4.4 is required where a development proposal would result in the loss of six or more existing rental housing units, and will also require: a) A tenant relocation plan; and, b) How the rental units will be replaced, either on site or at a new location 4.6 The City, in its review of subdivision/rezoning applications, will encourage provision of varying lot sizes, housing form and unit size in order to contribute to affordability. 4.7 The City will collaborate with Niagara Region, Niagara Regional Housing and other agencies in the provision of affordable housing and the development of targets for affordable housing. 4.8 Based on projections, it is expected that 20,220 new residential units will be built in the City between 2021 and 2051, or 674 new units on an annual basis. The City will aim to exceed the minimum targets for affordable housing established by the Niagara Region, which is set as 20% of all new rental housing built will be affordable and 10% of all ownership will be affordable. As such, the City has set an annual target of 40% of all new units meeting the definition of “affordable”. In this regard, the City will aim to achieve a minimum of 270 units to be built annually between 2021 and 2051 and beyond as affordable, with the following breakdown (the figure below provides an illustration of this for further clarity): a) 135 units per year to be built with a purchase price or rental price at or below the identified threshold for affordable in accordance with the Niagara Region’s definition of affordable b) 135 units per year to be built as rental units that would be affordable to rental households in the 30th income percentile or lower based on income deciles presented in the City’s annual housing monitoring report. Rental unit support provided by Regional Housing Services shall be in alignment with the Region’s Consolidated Housing Master Plan and dependent on available resources. Page 146 of 450 4.9 The City will consult with all levels of government and government agencies to: a) identify surplus government lands and/or buildings that may be suitable for affordable and attainable housing development; b) prioritize the sale of suitable surplus municipal property for the development of affordable and attainable housing in accordance with the City’s By-laws; and c) Identify brownfield and greyfield sites, including underutilized commercial sites or strip plazas, outside employment areas for mixed-use residential intensification and affordable housing development. 4.10 In disposing of City- owned surplus lands that are suitable for residential use, Council shall consider offering the lands to not-for-profit organizations for affordable housing. Similarly, various boards, commissions and agencies shall be encouraged to dispose of surplus lands suitable for residential use for the purpose of affordable housing development. 4.11 The City may consider the purchase of surplus institutional sites for the purposes of providing additional opportunities for affordable housing or other broader community needs. The City may also consider developing partnerships with the Region or not-for- profit housing providers in the redevelopment of surplus school sites. 4.12 The City supports the provision of accessory dwelling units. Accordingly, accessory dwelling units shall be permitted by the Zoning By-law in single detached, semi- detached or townhouse dwellings. Zoning regulations shall be based on the following: 4.12.1 An additional dwelling unit in the principal building and an additional dwelling unit in an ancillary building, for a total of three residential dwellings on one property, shall be permitted. Page 147 of 450 4.12.2 The lot size and configuration are sufficient to accommodate adequate parking, green spaces, private servicing requirements and amenity areas for both the principal dwelling and the accessory dwelling unit(s). 4.12.3 The accessory dwelling unit(s) meets all applicable law. 4.12.4 The overall appearance and character of the principal dwelling shall be maintained. 4.12.5 Accessory structures that have an accessory dwelling unit shall not be severed from the principal dwelling. 4.13 The conservation and renewal of the existing housing stock shall be encouraged as an important element in meeting future housing needs. In addition, the maintenance and rehabilitation of existing housing will be promoted by discouraging unnecessary demolition or conversion to non-residential uses through such mechanisms as demolition control and application of the Maintenance and Occupancy Standards By- law, where permitted under the Planning Act, without amendment to this Plan. 4.14 Where permitted under the Planning Act, the conversion of residential rental properties to a purpose other than a residential rental property with six or more units, the demolition of residential rental properties with six or more units, or the assembly of residential rental properties for the purposes of redevelopment with a cumulative total of six or more units, will not be permitted if it adversely impacts the supply of rental housing, as determined by housing targets, including affordable rental targets, set out in this Plan, the Niagara Official Plan; or, as determined by rental vacancy rates being below the minimum 3 per cent threshold. 4.15 Where permitted under the Planning Act, rental accommodation shall further be protected from condominium conversion by prohibiting the conversion of rental accommodation to condominium tenure when the vacancy rate is at or below 3 per cent over the preceding three year period. 4.16 The City’s housing market shall be monitored. The City shall initiate, when required, changes to municipal policy to satisfy local housing requirements. This annual monitoring program will include various housing-related information with particular emphasis on the following items. 4.16.1 Residential land supply. 4.16.2 The range of housing forms built in new residential development. 4.16.3 New housing prices relative to household income distribution. 4.16.4 Intensification performance analysis. 4.16.5 Accessory dwelling units, including the number of units registered and incentive uptakes, if applicable. Page 148 of 450 4.17 The City will implement a Demolition and Conversion Control By-law and a Rental Replacement By-law to further ensure protection of rental housing options where permitted under the Planning Act, without further amendment to this Plan. 4.18 The City will explore opportunities to implement Inclusionary Zoning in the Downtown Niagara Falls Protected Major Transit Station Area, where a Municipal Assessment Report completed in accordance with O. Reg 232/18, under the Planning Act, demonstrates financial viability of implementing such a tool. 4.19 The City will address housing affordability gaps through the provision of a suite of tailored incentives through an affordable and rental housing Community Improvement Plan. The City will work with the Region to identify opportunities for partnership and alignment for affordable and rental housing. 4.20 The City will provide ongoing monitoring and reporting on the implementation and achievement of the targets set out in the Housing Strategy and in this Plan. An annual report will be provided to Council to update on progress in implementing the Housing Strategy.” e) PART 2 SECTION 1 RESIDENTIAL is modified by deleting the following policies as they have been incorporated into the newly created PART 1, SECTION 4 HOUSING; and, renumbering the policies in PART 2 SECTION 1 RESIDENTIAL accordingly: General Policy 1.2 General Policy 1.10 General Policy 1.11 General Policy 1.13 General Policy 1.14 Page 149 of 450 PBD-2023-03 Report Report to: Mayor and Council Date: January 17, 2023 Title: PBD-2023-03 Grassy Brook Secondary Plan: Project Initiation Report Recommendation(s) It is recommended that: 1. Council receive this report regarding the initiation of the secondary plan process for the Grassy Brook area. 2. Council authorize staff to develop a Terms of Reference and advertise a Request for Expression of Interest for participation in a Community Focus Group to seek out interested persons to participate and provide regular input over the course of the development of the Secondary Plan. Executive Summary The purpose of this report is to formally advise Council of the initiation of the Grassy Brook Secondary Plan (GBSP) that would ultimately be implemented through an Official Plan Amendment. Council has budgeted for the creation of a secondary plan for the Grassy Brook area. Dillion Consulting Ltd. has been retained as the lead in its preparation. The secondary plan will create a vision for the subject lands and provide policies/directions that will ensure its successful implementation and the development of a complete community. Additionally, staff are seeking Council’s authorization to solicit the interest of community members to sit on a “Community Focus Group” (CFG) to participate and provide input throughout the secondary plan process. Background The overall objective of the secondary plan is to have a complete community that is planned, designed, and developed to be walkable, transit supportive, and respectful of the natural environment while meeting the City’s 2051 employment and housing targets. The secondary plan will also ensure growth occurs in a coordinated and efficient manner in accordance with a transparent process. The secondary plan process will identify opportunities and constraints for the development of the subject lands and the location, extent and sensitivity of the existing environmental, social, cultural, and economic features in the study area. Mitigation measures for any impacts to the environment will also be determined. Staff have Page 1 of 5 Page 150 of 450 retained the services of Dillion Consulting Ltd. to complete the secondary plan and the necessary background studies. Analysis Study Area The Grassy Brook area is located east of the QEW and is bordered by the Welland River to the north and Lyon’s Creek to the south. It is comprised of approximately 495 ha (1,223 ac) of land, all within the City’s Urban Area Boundary (see Schedule A). Current land uses within the area include residential, open space, agricultural, resort commercial, and environmental protection/conservation areas. The land is currently unserviced until the completion of the new South Niagara Falls Wastewater Treatm ent Plant which will be located within the study area. Additionally, the new South Niagara Falls Hospital is to be located west of study area, both are to be significant drivers of growth for this area. As the last unplanned and unserviced, greenfield area in the City, a secondary plan will provide an appropriate planning framework for the Grassy Brook area which will consider infrastructure investment, land use compatibility and a proactive direction for both employment and residential development. The secondary planning exercise is to be undertaken in accordance with regional and provincial policy direction as contained in the Provincial Policy Statement 2020, Provincial Growth Plan (2020), as well as the recently approved Niagara Region Official Plan. Employment Needs The GBSP area will contain a new Employment Area as identified by the City’s Employment Lands Strategy adopted by Council in December 2021 (through PBD - 2021-79) to help accommodate the City’s 2051 jobs forecast. The Province approved the Region’s Official Plan in November, 2022 identifying the lands west of Stanley Avenue through to the QEW and north of Reixinger Road to north of the Welland River as an “Employment Area”. The secondary plan area includes the identified location for the new South Niagara Falls Wastewater Treatment Plant. The location of compatible employment uses and potential residential uses, beyond the area of influence of the wastewater treatment plant, will be addressed through the secondary plan process. The identification of residential lands will help residential needs as identified in the City’s Housing Needs Study and meet the City’s 2051 housing targets. Public Engagement Technical Advisory Committee Consultation with stakeholders will be important throughout the secondary plan process. To help solicit feedback, the GBSP will be guided by a Technical Advisory Committee. This committee will be composed of City and Regional staff and other technical experts. Page 2 of 5 Page 151 of 450 Community Focus Group A Community Focus Group (CFG) is proposed to further enhance public engagement throughout the Secondary Plan process. A CFG would provide an opportunity for a selected group of individuals to express their views in detail, to hear opinions of others, and to collectively develop resolutions which is not possible using conventional public engagement methods. The CFG will meet throughout the plan’s development to establish goals, objectives, a vision statement and provide input. The Focus Group would consist of a cross section of the community with 10-12 members representing new and long term residents, youth and seniors, business owners and developers. An invitation for interested persons to submit their names for participation on the Community Focus Group via “Request for Expression of Interest” will be advertised. In order to ensure a good cross section of the community and a balanced representation on the CFG a terms of reference will be prepared by Staff which will guide the composition of the group based on the profile of an d self-described interests of each individual. Regardless of structured meetings and events for input, any member of the public may make comments at any time in the process for staff’s consideration. All comments of the CFG and all other public engagement activities will be reported back to Council throughout the secondary plan process. Next Steps Dillion Consulting Ltd. has begun the required background analysis and studies for the secondary plan which includes a Subwatershed Study, Archaeological Assessment, Servicing Study, Transportation Study, and many more and will bring forward an update to a future meeting of Council. Financial Implications/Budget Impact There are no direct financial implications arising from this report. The Grassy Brook Secondary Plan has an approved budget allotment of $725,000 and the Niagara Region has committed $200,000 towards this amount. Strategic/Departmental Alignment The development of the Grassy Brook Secondary Plan is consistent with the Vibrant and Diverse Economy, Healthy Safe and Liveable Community, and Diverse and Affordable Housing priorities. List of Attachments Schedule 1 - PBD-2023-23 Written by: Brian Dick, Manager of Policy Planning Page 3 of 5 Page 152 of 450 Submitted by: Status: Jason Burgess, CAO Approved - 11 Jan 2023 Page 4 of 5 Page 153 of 450 PBD-2023-03 January 17, 2023 SCHEDULE 1 Page 5 of 5 Page 154 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-5 Sunday, January 15, 2023 PBD-2023-03 Grassy Brook Secondary Plan: Project Initiation Report Report Council, As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor of staffs recommendation as is. Page 155 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 156 of 450 PBD-2023-04 Report Report to: Mayor and Council Date: January 17, 2023 Title: PBD-2023-04 26CD-11-2019-004, Modification to a Draft Plan of Vacant Land Condominium 6400 & 6420 Kalar Road Applicant: 2670279 Ontario Inc. (Lise Pietrangelo) Agent: Craig Rohe (Upper Canada Consultants) Recommendation(s) 1. That subject to subsection 51(47) of the Planning Act, 1990 R.S.O., Council considers passing the resolution to deem the changes requested by 2670279 Ontario Inc. to the condition of approval for the Draft Plan of Vacant Land Condominium at 6400 & 6420 Kalar Road to be minor and determine that no further notice is required; 2. That the modified Draft Plan of Vacant Land Condominium be draft approved subject to the modified condition in Appendix A; 3. That modified draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Executive Summary 2670279 Ontario Inc. is requesting a modification to an approved Draft Plan of Vacant Land Condominium for a 0.77 ha parcel of land located at 6400 & 6420 Kalar Road. The modified condominium proposes to increase the number of townhouse units from 29 to 31. The condominium will allow the individual ownership of the townhouse. The lands have received approval for a Zoning By-law Amendment and two Minor Variance applications prior to this submission that permit the proposal as modified. The condominium application is supported for the following reasons: • The development complies with Provincial policies and conforms to the Growth Plan with respect to the effectiveness of land and achieves the minimum density targets in designated Built up Areas. • The development is in conformity with the City’s Official Plan and Zoning By-law No. 79- 200, as amended and varied and, will be compatible with the surrounding development. Page 1 of 12 Page 157 of 450 • The City’s and external agencies interests will be addressed through the fulfillment of the conditions contained in Appendix A. Background Proposal The applicant has applied for a modification to an approved Draft Vacant Land of Condominium for 6400 & 6420 Kalar Road. Refer to Schedule 1 for the location of the parcel. A zoning by-law amendment and draft plan of vacant land condominium for 29 townhouse units was approved in May 2020 by Council. Two Minor Variances files have also been applied for and approved for the subject lands (A-2021-027 & A-2022-042). The modification request is to add two additional units to the site, raising the total number of units to 31. Schedule 2 illustrates the modified draft plan. Circulation Comments • Regional Municipality of Niagara, Bell Canada o No objections, subject to meeting provided conditions • Business Development, Building, Fire, GIS, Engineering, Landscape, NRBN, OPG, Transportation, Zoning o No objections • Enbridge o No objections subject to the previously identified conditions being met Analysis 1. Provincial Policy Statementand Growth Plan The subject lands are located in a Settlement Area under the Provincial Policy Statement (PPS) and within the Delineated Built-Up area the City as defined by the “A Place to Grow – Growth Plan for the Greater Golden Horseshoe” Plan (Growth Plan). The Growth Plan encourages intensification generally throughout the Delineated Built-Up Area. The development represents an intensification of land in the Delineated Built-Up Area and will assist in meeting the City’s intensification targets. In addition, the development is an efficient use of urban land and will provide additional housing choices for residents. 2. Official Plan The subject land is designated Residential in the City’s Official Plan and is located in the Built up Area. The Official Plan permits for the construction of townhouses and the proposed density of 39 units per hectare. 3. ZoningBy-law The subject lands are zoned Residential Low Density, Grouped Multiple Dwelling (R4-1121) zone, by Zoning By-law No. 79-200, as amended. Two Minor Variance applications (A-2021-027 & A- 2022-042) were granted by the Committee of Adjustment, in May 2021 and October 2022, to Page 2 of 12 Page 158 of 450 reduce the required rear and privacy yard, increase the maximum permitted lot coverage, and decrease the minimum required lot area to permit 2 additional units. The applicable zoning and variances are in effect. The development conforms to applicable zoning regulations of the R4 zone, the site-specific zoning by-law and the Minor Variances. There are 43 parking spaces provided on site. 4. Modified Condominium Design and Conditions of Draft Plan Approval The requested modified draft plan of vacant land condominium will accommodate the intended division of the subject land for 31 townhouse units, a 2 unit increase from what was previously approved. The plan includes a private common road and 12 visitor parking spaces with access from Kalar Road. In considering a proposed plan of condominium, Council shall have regard to the planning matters listed under Section 51(24) of the Planning Act. The proposed development complies as follows: • The proposed development complies with Matters of Provincial Interest, listed under Section 2 of the Planning Act, and is not premature as servicing capacity is available and it is located within the Built-up Area; • The proposal conforms to the City’s Official Plan and integrates with adjacent subdivisions. The land’s configuration is suitable for development. Each townhouse will have a private front and rear yard amenity space and is compatible with surrounding development; • Adequate access will be provided from Kalar Road; • The proposed development can be adequately serviced by municipal services and a school is located within 175m of the property for future elementary students; • No lands will be conveyed for public purposes; and, • Site plan matters such as landscaping, servicing, and lighting are addressed through draft plan conditions that will be cleared prior to the execution of the condominium agreement that will be registered on title. Works will be secured through securities that will be held until the works have been satisfactorily completed and certified. A comprehensive set of conditions addressing City, Regional and agency concerns, are listed in Schedule A and include: • Dedication of cash-in-lieu of parkland dedication • Provision for grading and servicing plans • Provisions for waste collection The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works, mitigation measures and warning clauses. The modified condition has been bolded in Appendix A. Financial Implications/Budget Impact The proposed development will provide Cash-in-lieu for Parkland Dedication, Development Charges and a new tax assessment to the City. Page 3 of 12 Page 159 of 450 Strategic/Departmental Alignment The proposed condominium is part of a well-planned City as envisioned by the City’s Official Plan and Zoning By-law as a complete community. List of Attachments Schedule 1 - Location Map Schedule 2 - Modified Draft Plan of Condominium Schedule 3 - Modified Site Plan Appendix A - Conditions for Modified Draft Plan Approval Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 11 Jan 2023 Jason Burgess, CAO Approved - 11 Jan 2023 Page 4 of 12 Page 160 of 450 5 SCHEDULE 1 (Location Map) Page 5 of 12 Page 161 of 450 6 SCHEDULE 2 (Modified Draft Plan of Condominium) Page 6 of 12 Page 162 of 450 7 SCHEDULE 3 (Modified Site Plan) Page 7 of 12 Page 163 of 450 8 APPENDIX A Conditions for Modified Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by J. D. Barnes Limited, plotted November 3, 2022, showing 31 units of vacant land for townhouses as well as a common private road, visitor parking and amenity areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide four copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer receive final approval of the Zoning By-law amendment to provide land use regulations to guide the development of the condominium. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submit a Solicitor’s Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 7. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing/buffering, inventory of existing trees and their condition, tree preservation, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations, and garbage enclosures/collection areas to the satisfaction of Parks Design. 8. The developer pay cash-in-lieu of parkland dedication to the City in the amount equal to 5% of the appraised value of the lands subject to this condominium as determined by a qualified appraisal, to the satisfaction of the City. 9. The roadway within the condominium plan shall be designed and constructed in accordance with City standards. 10. The developer ensure that existing municipal infrastructure will adequately service the development as demonstrated in the Functional Servicing Brief prepared by a Professional Engineer licensed in Ontario. All underground services shall be designed and constructed in accordance with City standards. 11. The developer shall submit a Road Occupancy Permit for Works within the Municipal Right-of-Way. Page 8 of 12 Page 164 of 450 9 12. The developer shall pay the applicable development charges in place and prior to the release of Building Permits for the proposed twenty-nine (29) townhouse units in accordance with By-law No. 2019-69. 13. The developer submit a lighting plan prepared by a Professional Engineer licensed in Ontario, designed to be independently powered and metered. Photometric plans are to be submitted demonstrating zero impact on neighbouring properties. 14. The developer provide the City all proposed site servicing and grading plans for the subject property to Municipal Works for review and approval prior to start of construction. 15. The developer’s engineering consultant shall provide written acceptance that the works completed conform to the City’s Accepted Drawings and is in accordance with the NPSCD and City construction specifications. 16. The developer pay the City the applicable required fees for administration. 17. That the developer’s Engineering Consultant provide written acceptance that the works completed conform with the City’s accepted drawings and in accordance with NPSCD and City construction specifications. 18. The developer provide the necessary servicing drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.7 of the Ontario Building Code, including the location of the fire hydrants. Fire hydrants to be identified will be considered private hydrants and as such will be subject to the testing and maintenance requirements of the Ontario Fire Code. Landscaping including plantings shall not obstruct the fire access route. 19. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property. The fire access route shall comply with the requirements of the Ontario Building Code and the necessary “No Parking” signs shall be provided and installed at the developer’s expense. NOTE: parking shall be prohibited along the fire access route. 20. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and meter installation details. 21. That a Community Mail Box (CMB) be located determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale (Note the CMB should be accessed internal to the site). 22. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially Page 9 of 12 Page 165 of 450 10 notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 23. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works and concrete pads, illustrating the CMB on engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. 24. The developer agree in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easement, the developer shall be responsible for the relocation of such facilities or easements. Note: The developer is hereby advised that prior to commencing any work, the developer must confirm that sufficient wire-line communication/telecommunication infrastructure is available. In the event that such infrastructure is unavailable, the developer shall be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for the above noted connection, then the developer will be required to demonstrate to the satisfaction of the City that sufficient alternative communication/telecommunication will be provided to enable, at the minimum, effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 25. The developer provides a written acknowledgement to Niagara Region stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that ay pre-servicing will be at the sole risk and responsibility of the developer. 26. The developer submit a written undertaking to Niagara Region stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that servicing allocation for this condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement. 27. That verification of the available wet weather sanitary capacity in the South Niagara Falls system required to accommodate development be submitted for review and approval by the Niagara Region and City of Niagara Falls. Based on the information submitted the Region/City will be requiring flow monitoring conditions be included in the agreement to verify, if required, that the estimated wet weather flows are being met in the field after construction of the sanitary sewers and before assumption by the City. If the verification is unsuccessful, mitigation measures may be required. 28. Prior to the approval of the final plan or the undertaking of any on-site grading or storm servicing, the owner shall submit a detailed stormwater management plan and all associated engineering drawings (stamped and signed) by a qualified Page 10 of 12 Page 166 of 450 11 professional engineer to the Niagara Region Planning and Development Services Department for review and approval. All documents shall be in accordance with the Ministry of the Environment, Parks and Conservation’s ‘Stormwater Management Planning and Design Manual’ (2003) and the Niagara Peninsula Conservation Authority’s ‘Stormwater Management Guidelines’ (2010)). The required stormwater management engineering submission shall include (but not be limited to): a. Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b. Detailed erosion and sediment control plans. Further that the condominium agreement between the developer and the City contain provisions whereby the owner agrees to implement the approved plans(s) required in accordance with this condition. 29. The owner ensures that all streets and development blocks can provide access in accordance with Niagara Region’s Corporate Policy for Waste Collection and by- laws relating to the curbside collection of waste. 30. That in order to accommodate Regional Waste collection service, the owner submits a revised draft plan of condominium illustrating collection pads for Units 12, 13, 17 and 18. The waste collection pads shall be designed/constructed in accordance to the details outlined in Niagara Region’s Corporate Policy for Waste Collection. 31. That the following clause be included in the condominium agreement and inserted into all offers and agreements of Purchase and Sale or Lease for each of the affected dwelling units: “Owners/Purchasers/Tenants of townhouse units 12, 13, 17 and 18 are advised that in order to accommodate Regional Waste Collection Service they will be required to bring their waste/recycling containers to the designated waste collection pads on the required collection day.” 32. That the developer shall comply with the Niagara Region’s Corporate Policy for Waste Collection and complete the Application for Commencement of Collection and Indemnity Agreement. Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of Niagara Region. 2. Prior to final approval for registration, a copy of the executed condominium agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that a copy of the draft agreement also be Page 11 of 12 Page 167 of 450 12 provided in order to allow for the incorporation of any necessary revisions prior to execution. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1 to 4 (inclusive) - Legal Services for Conditions 5 and 6 - Parks Design for Conditions 7 and 8 - Municipal Works for Conditions 9 to 17 (inclusive) - Fire Services for Conditions 18 and 19 - Enbridge Gas for Condition 20 - Canada Post for Conditions 21 to 23 (inclusive) - Bell Canada for Condition 24 - Regional Development Services for Conditions 25 to 32 (inclusive) Page 12 of 12 Page 168 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-6 Sunday, January 15, 2023 PBD-2023-04 26CD-11-2019-004, Modification to a Draft Plan of Vacant Land Condominium 6400 & 6420 Kalar Road Applicant: 2670279 Ontario Inc Report Council, As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor of staffs recommendation as is. Page 169 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 170 of 450 PBD-2023-05 Report Report to: Mayor and Council Date: January 17, 2023 Title: Honourary Street Naming Policy Recommendation(s) 1. That Council adopt the Honorary Street Naming policy for the City of Niagara Falls. 2. That Council direct staff to prepare the necessary by-law to establish an Honourary Street Naming policy. 3. That the Manager of Policy or their designate shall be respons ible for the administration of the Honourary Street Naming Policy and develop forms related thereto. Executive Summary Staff and Council consistently receive requests to rename streets after prominent people in the community. Street names are an important part of the community fabric, as names contribute to creating a sense of place, community, and identity within the City of Niagara Falls. Potential street name changes also raise concerns, such as cost and inconvenience, for those area residents impacted. In addition, street name changes can cause 911 responder issues if they are not thoroughly vetted. Due to the multitude of issues related to renaming streets but understanding the desire to honour prominent people in the community, staff recommend that the City establish an Honourary Street Naming policy. Such policy will allow an individual, group or organization in the community who has had a positive impact on the City to be recognized for their accomplishments without causing disruption or inconvenience to the residents or businesses on a street. An Honourary Street Name policy and details of the administration of the program is attached as Appendix 1. Background Council directed staff to develop an Honourary Street Naming Policy, further to an inquiry at the June 21, 2022 Council meeting, about naming a street in honour of local Page 1 of 10 Page 171 of 450 resident, Jake Heibert. Staff suggest this type of policy is a way to commemorate local individual residents who have had an impact on the City or even teams or groups of local citizens who have accomplished something provincially or nationally significant. Street names are an important part of the community fabric, as names contribute to creating a sense of place, community and identity within the City. Given this, street naming requests need to be considered and selected with care and purpose. At the present time, the City does not have a clear set of principles and criteria to assess such requests. Hence, the necessity for establishing an Honourary Street Naming policy. The processing of any requests are being held in abeyance until a policy is established. Upon approval of an Honourary Street Naming policy, pending street renaming requests will be assessed and presented to Council in a separate report. Analysis The Honourary street name is a symbolic way to honor an individual, event, area or organization. The Honourary street name can be added as a topper sign to the existing street name sign and can either be permanent or can have a set term of presence on the sign (i.e., Winnipeg’s program has a term of 5 years, after which the Honourary street name is removed). The Honourary street name does not require any change in the legal street name, therefore, no address changes, disruption or cost to existing residents or businesses located on the street. This is a positive solution that allows for the honouring of local citizens yet avoiding disruption to the residents or businesses on the street. To develop the proposed Honourary Street Naming policy, a best practice review of the honourary street naming policies of other municipalities was conducted. Municipalities assessed in this review included Barrie, Brampton, London, Winnipeg and Chicago. CITY BY-LAW OR POLICY NAME TERM COMMITTEE COST SIGN TYPE Barrie Municipal Naming Policy No Yes – Municipal Naming Working Group City Initiated – City OR Community or Corporate Initiated – Community or Corporation Not noted Brampton Commemorative Naming Process No Reference Committee City Not noted Page 2 of 10 Page 172 of 450 Ceremonial Naming for each Ward London Commemorative Street Name No Reviewed by Municipal Addressing Advisory Group Applicant or nominator – fee $250 + cost of signs Topper Winnipeg Street Names By-law – Part 3 Honourary Street Names Yes – 5 yrs Yes Applicant or nominator + cost of sign toppers $177 + $277 Topper Chicago Honourary Street Yes – 5 yrs. + renewable for additional 5 yrs. Yes City Full sign but different from regular street signs. Of the five municipalities reviewed above, Winnipeg and Chicago have term limits of 5 years after which the honourary street name is removed. Chicago does permit a second 5 year term but after that the sign is removed. The other 3 municipalities have no term or limit for the honourary naming. Some examples of honourary street name signs are attached in Appendix 2 to this report. All of the municipalities reviewed have a committee that reviews the applications. The cost of these honourary signs in the cities of Brampton and Chicago are completely paid by the municipality, but all other municipalities have an application fee and the applicant pays for the cost of the sign. From a review of examples from other municipalities, staff recommend that the city implement an Honourary Street Name policy utilizing a topper style sign with a term limit of 5 years for each honourary street name and for the costs of such signs to be paid for by the applicant or nominator. In addition, staff recommend that all honourary street naming applications be submitted to the Manager of Policy Planning and circulated to internal staff rather than a by -law establishing a formal committee. The draft policy attached, as Appendix 1, is to establish a transparent, efficient and equitable process for the naming of streets in honour of individuals, organizations, places, events or cultures. The policy includes criteria and principles for the na ming, along with application submission requirements, fees and staff review process. Page 3 of 10 Page 173 of 450 The staff review process will be followed by a report to Council. All honourary street naming requests will require the approval of Council. Comments: Fire Services and GIS staff have commented that they would like to ensure that the signs clearly note that the name is ‘In Honour of” or “In Memory of” so that no confusion in street names would occur. GIS would also like to be part of all communications about these honourary street names to ensure there is no conflict with existing street names. Recreation and Culture recommended that the proposed honourary street names be circulated to them to be reviewed against the City "Naming and Renaming of City Property" policy. Conclusion: The Honourary Street Naming policy would recognize individuals that have had a positive impact on the city. This program would allow these individuals to be recognized for their accomplishments without causing disruption or inconvenience to the residents or businesses. Financial Implications/Budget Impact The costs of an Honourary Street Name sign topper is proposed to be funded by the applicant, but staff time to be used for review of application. Strategic/Departmental Alignment As part of an Engaging and Accountable government strategic priority, the Honourary Street Naming policy will provide residents the opportunity to be involved in the decision about honouring a significant individual or organization. List of Attachments Honourary Street Naming Policy Honourary Street Naming Sign Examples Written by: Peggy Boyle, Assistant Planner Submitted by: Status: Kira Dolch, Director of Planning, Building & Development Approved - 11 Jan 2023 Page 4 of 10 Page 174 of 450 Jason Burgess, CAO Approved - 11 Jan 2023 Page 5 of 10 Page 175 of 450 APPENDIX 1 Honourary Street Naming Policy – City of Niagara Falls Introduction Street names are an important part of the community fabric as names contribute to a sense of place, community and identity within the City of Niagara Falls. An honourary street name can reflect and acknowledge its unique location, history, geography, environment and/or neighbourhood. Honorary street names should be considered and selected with care and should be subject to an established process and set of criteria and principles. This policy establishes the criteria, principles and processes by which Council may consider the honourary street naming in a transparent, equitable and efficient manner. Purpose: The Honourary Street Naming Policy is intended: To establish a clear process for the naming of honourary streets that is transparent, equitable and efficient. To establish criteria and principles to assess the appropriateness of a name to ensure that the names are consistent with the identity and values and character of the City of Niagara Falls and the area or neighbourhood served. Definitions: “Honourary Name” means a name that commemorates an individual, individuals, family or organization; “Naming” means officially dedicating a name to an honourary street sign topper; “City” means the City of Niagara Falls; Naming Principles and Criteria: When an honourary street name is requested, the following principles shall be applied: a) Names shall be based on persons associated with the City of Niagara Falls; b) Names shall be based on local history, organizations, places, events or culture; c) Names shall be based on persons who demonstrate excellence, courage or exceptional service to the citizens of the City of Niagara Falls; d) Names shall be consistent with a neighbourhood identity and community commitment; e) Names shall be unique. Name duplication and similar sounding names shall be avoided: and, Page 6 of 10 Page 176 of 450 f) Names shall portray a strong positive image of the City, give a sense of place, continuity and belonging and celebrate the distinguishing characteristics and uniqueness of the City. Names shall not: a) Be political in nature; b) Be or perceived to be discriminatory or derogatory of race, color, ethnic origin, gender identity or expression, sexual orientation, religion or creed; c) Be corrupted or modified names or names associated with controversial or divisive persons or views. This policy applies to all proposals for Honourary Street naming in the City of Niagara Falls. Naming Criteria: (a) Proposals for Honourary street names shall be submitted to the Manager of Policy Planning or their designate for consideration; (b) Should there be multiple requests, a short list of names shall be randomly selected on an annual basis and reviewed for conflicts with existing street names; (c) Street or portion thereof that is chosen to be identified as an Honourary street shall bear an approved honourary street sign topper; (d) Approval of a proposed Honourary street name shall be the responsibility of the Manager of Policy Planning or their designate, in consultation with the Information Systems Manager; (e) This policy is not a substitute for the existing Street Naming Policy or Parks Naming Policy. (f) The Honourary Street name will remain on the chosen street for a period of 5 years after which time the honourary street sign topper is removed and returned to the applicant. (g) The City reserves the right to re-consider the Honourary street name if it is found that the individual’s personal character is or was such that the continued use of their name would not be in the best interest of the community. In cases where names are affiliated with individuals or organizations, the following criteria must be met: (h) The contributions of the individual or organization must be well-documented and broadly acknowledged within the community; (i) A direct relationship or association must exist between the individual or organization and the area for the honourary street naming; (j) The reputation of the individual or organization must be honorable and beyond approach to be considered for naming or renaming; Page 7 of 10 Page 177 of 450 (k) In the case of an individual being an elected official or civil servant, he/she must be retired from public service or deceased; (l) Written permission shall be obtained from the individual or organization for such naming; (m) If the individual is deceased, written permission shall be obtained from the next of kin or legal representative for such naming; and, (n) If permission from the individual or organization cannot be obtained, the City may approve the name if the applicant is able to demonstrate reasonable documented efforts to obtain consent to the satisfaction of the City. Application Submission: Applicants shall submit a completed City of Niagara Falls Honorary Street Name application form to Planning, Building and Development Services, providing sufficient information and evidence as to how the proposed name satisfies the Naming Principles and Criteria of this policy. An application will be considered complete if the following information is submitted: A) A rationale for the naming request which addresses the Naming Criteria and Principles of this policy; and, B) Documentation that substantiates the rationale (e.g., articles, certificates, awards, service records, pictures, maps, excerpts from books or articles, historical documents, research articles or documents etc.). If the applicant is proposing to name a street after an individual or organization the following information is also required to be provided by the applicant: a) Background information and/or biographical information demonstrating that the proposed name is of significance to the community and/or the City and is directly linked to the area where the honourary street name topper is being requested; and, b) A letter addressed to the City from the individual or organization being honoured, or if the individual is deceased, or the organization no longer exists, from their next of kin or legal representative or past members of the organization, granting permission to place an honourary street name topper. Application Review Each application for naming shall undergo a process wherein staff will review the application for conformity to this policy and will circulate the application to relevant stakeholders for review and comment on the suitability of the application. City of Niagara Falls Planning staff, Fire Services and GIS will consider appropriateness of a proposed name and to ensure that there is no conflict with existing street names. Recreation and Culture staff will consider the proposed name with respect to compliance with the Naming and Renaming of City Property Policy. Page 8 of 10 Page 178 of 450 The duration of the review process will be dictated by the nature of the naming application. NAME SELECTION Following application review, City staff shall submit a report to Council, outlining their review process and offering a recommendation for consideration. The report shall include but not be limited to: a) A complete application form; b) Background and biographical information; c) Documentation supporting the request; d) Option(s) for consideration; e) Recommendation FINAL DECISION The final decision on the honourary street naming shall be made by Council. COSTS Applicant or nominator pays an application fee of $177 and $237 for each sign topper (one for each end of the street) for a total fee of $651 + HST = $735.63 Page 9 of 10 Page 179 of 450 APPENDIX 2 Separate Honourary Sign Separate Sign Topper Single Combined Sign Page 10 of 10 Page 180 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-7 Sunday, January 15, 2023 PBD-2023-05 Honourary Street Naming Policy Report Council, As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor of staffs recommendation as is. Page 181 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 182 of 450 CLK-2023-01 Report Report to: Mayor and Council Date: January 17, 2023 Title: Post Election Accessibility Report Recommendation(s) THAT Niagara Falls City Council receive this post election accessibility report as information. Executive Summary This report highlights the steps that were taken during the preparation of the 2022 Municipal Election to identify and remove barriers for voters and candidates in an effort to increase accessibility. Background In accordance with section 12.1(3) of the Municipal Elections Act, 1996, it is the responsibility of the City Clerk to provide a report to Council within 90 days after a regular election outlining how barriers were identified and removed to ensure accessibility for candidates and voters. Analysis For the 2022 Municipal Election, 6 locations were used for Advance Voting over the course of 7 dates leading up to the election. On Election Day, October 24, 2022, 27 polling locations were used. City Hall hosted an Advance Poll from September 28 to October 21, 2022. The Advance Voting dates and City Hall were equipped with accessible voting technology to assist voters that would not be able to read and/mark a ballot. These electronic responsive technologies, including a sip and puff voting device, allowed voters to mark their ballots independently. The following aspects of the 2022 Municipal Election were reviewed to ensure accessibility: polling locations, ballots, alternative voting options, tools and equipment, and training. Polling Locations A review and assessment of all facilities was conducted prior to designating them as polling locations. An accessibility checklist was used when conducting site visits, to ensure locations were accessible. Each facility was checked for: barrier-free parking, a Page 1 of 4 Page 183 of 450 barrier-free path of travel from the parking lot/sidewalk, door operators or accessible doors, and adequate lighting. If barriers were observed, staff made adjustments to the locations to ensure accessibility. However, locations that were not accessible were either rejected or modified to ensure accessibility. Specific initiatives included: •School Boards, principles, facility managers, etc. were advised of deficiencies for voting day and asked to remedy them. •Supervisor Deputy Returning Officers (SDRO) were given lists of potential deficiencies at their locations and asked to address them prior to the opening of polls. •Additional seating was provided in the voting place for electors in order to make them comfortable as they completed paperwork and/or to allow them to rest. •Additional directional signage was placed on the boulevards and entrances to voting places to make the locations more easily identifiable. •Select City Staff visited all of the polling locations throughout the day to provide additional signs, supplies as required, and answer any questions. •Clerks Staff circulated the City throughout the day to ensure the accessibility of sites, and remedy concerns. •Election day workers were hired to work as greeters at entrances to visually monitor any accessibility concerns, assist with doors and elevators and help with parking congestion. Ballots In order to comply with AODA requirements the printed font on all ballots was in Arial font size 12. The ballots had visual depictions helping explain how to mark the ballot. Additional voting instructions, with illustrations were affixed inside each of the voting screens to assist voters in understanding how to mark their ballots. Election staff were trained to use language that encouraged voters how to best cast their ballots to ensure their selections were read by the tabulators. Additionally, all written election communications were consistent with Arial font size 12 . Voter Notification Cards (VNC) included the accessibility symbol encouraging those requiring assistance to attend one of the advance poll locations. Alternative Voting Options The October 2022 Election was the first time the City of Niagara Falls included the alternative voting option of Vote by Mail (VbM). This alternative allowed voters the ability Page 2 of 4 Page 184 of 450 to vote at home without having to attend a polling location. Ballot kits were then returned by mail or dropped off to City Hall by 8:00pm on Election Day October 24, 2022. Due to the uncertainty of the COVID-19 pandemic this alternative voting option was used in nursing and retirement homes to ensure residents had the ability to vote. The Clerks Office will explore further alterative voting options for the next election. Tools & Equipment Magnifying sheets were available for voters who needed assistance to read the ballot. Additional pens and note pads were available to assist as a communication aid. A wheelchair was available at larger polling locations and proxy forms for those that were unable to attend a location in person were used to allow an assigned voter to vote on someone's behalf. Dominion Voting Systems ImageCast ballot marking devices were set up at City Hall and at every Advance Voting location to assist voters. The ballot marking capabilities allowed a voter to vote using the accessible tactile interface, sip -n-puff, or paddle switches for feet, elbow or braille usage as well as an audible listing of candidates for the voter to listen to. This allows the voters with various accessibility issues to effectively vote, review and cast a paper ballot in a private and independent manner. Training Election workers were trained on accessibility practices, ensuring accessible service delivery, and on special services available to assist electors. Training manuals were also equipped with an accessibility section for reference. Election workers were able to take ballots to electors who were unable to leave their vehicles or to take ballots to another location within the voting place. Additional Comments Support persons and service animals were welcomed in all voting places. A support person assisting an elector was required to take an oath, stating their commitment to confidentiality, and confirming that he or she would mark the ballot as directed by the elector. Election day workers were available at the polls to assist a voter in casting their ballot. The election worker, in consultation with the person requiring assistance, determined the level of assistance required by the elector, and the best way to provide that assistance. Additional election day workers were hired this year to facilitate locations where further assistance may have been required, for example, someone to assist with heavy doors, long hallways or to simply offer assistance. Page 3 of 4 Page 185 of 450 Financial Implications/Budget Impact There are no financial implications in regards to the review of accessible election practices. Written by: Margaret Corbett, FOI, Records & Elections Officer Bill Matson, City Clerk Submitted by: Status: Bill Matson, City Clerk Approved - 06 Jan 2023 Jason Burgess, CAO Approved - 09 Jan 2023 Page 4 of 4 Page 186 of 450 COMM-2023-01 Report Report to: Mayor and Council Date: January 17, 2023 Title: 2022 WonderFalls Pass Recommendation(s) That Council receive the report for information purposes. Executive Summary WonderFalls Pass is offered at a low rate to Niagara residents to visit up to 10 local attractions during the week of Sleep Cheap event. After a two-year hiatus due to COVID restrictions, this year the WonderFalls pass came back strong raising $72,323.28. Proceeds of the WonderFalls Pass go towards improving the accessibility of parks and playgrounds in Niagara Falls. Background In 2015, Councillor Victor Pietrangelo created the WonderFalls Pass to complement Sleep Cheap and provide Niagara Region residents with access to attractions while they enjoyed their Sleep Cheap hotel stay. The event takes place during the same time as Sleep Cheap, which in 2022 was November 20th to 25th. Participants purchase a WonderFalls Pass that provides the opportunity to vi sit ten of Niagara Falls' must-see attractions for one low price. Sold at City facilities, the 2022 attraction pass included: •Niagara Parks Power Station + Tunnel •Niagara Parks Journey Behind the Falls •Skylon Tower •Nightmares Fear Factory •Niagara Falls History Museum •The Fun House •The Haunted House •Mystic Maze of Mirrors •Mini Putt Shipwreck Adventure •Free Skate at the Gale Centre This year the Pass also allowed holders to ride free on the Niagara Parks Incline Railway or park free at the Falls Parking Lot to access Niagara Parks attractions. Free Page 1 of 2 Page 187 of 450 Niagara Falls Transit/WEGO rides to visit the attractions were also included with the pass. The cost of the pass was increased in 2022 to $20 for a single pass and $50 for a family pass (up to 6 family members). Since 2015, WonderFalls Pass sales had raised a total of $ 84,460. After a two-year hiatus during COVID, the WonderFalls pass came back strong in 2022 and raised $72,323.28. The proceeds of the WonderFalls Pass go towards improving the accessibility of parks and playgrounds in Niagara Falls. The City is extremely grateful for the generosity of Niagara Falls attractions in supporting and participating in the WonderFalls Pass. Written by: Dale Morton, Director, Communications Submitted by: Status: Dale Morton, Director, Communications Approved - 06 Jan 2023 Shelley Darlington, General Manger of Corporate Services Approved - 09 Jan 2023 Jason Burgess, CAO Approved - 09 Jan 2023 Page 2 of 2 Page 188 of 450 F-2023-01 Report Report to: Mayor and Council Date: January 17, 2023 Title: Monthly Tax Receivables Report - November Recommendation(s) 1. 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 at November 30, 2022 were $23.6 million compared to $24.5 million in 2021. During November, tax receivables as a percentage of taxes billed decreased from 12.2% in 2021 to 11.2% in 2022. The City’s finance staff has begun the collection process for properties that are subject to registration for 2022 as well as continuing the collection process for properties that were subject to registration for 2021. There are currently seventeen 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 Tax collection for 2022 is ahead of the collection history for 2021 for the month of November. Table 1 shows that taxes outstanding at November 30, 2022 are $23.6 million. This represents a decrease from $24.5 million in arrears for the same period in 2021. 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 classes. Residential property taxes outstanding have increased by $0.8 million compared to November 2021, and commercial property taxes outstanding have decreased by $2.5 million compared to November 2021. Finance staff takes specific collection actions for properties that are subject to registration. At January 1, 2022, 225 properties were subject to registration for 2022. Table 3 summarizes the progress of these actions after eleven months of activity. T his table shows 94.2% of the tax accounts or 212 properties have been paid in full or the owners Page 1 of 4 Page 189 of 450 have made suitable payment arrangements. During November, two accounts were paid in full. Table 4 identifies the properties and associated tax arrears sched uled for tax sales in the future. During the month of November, five properties were registered. The outstanding taxes for registered properties represent 3.89% of the total taxes to be collected. Financial Implications/Budget Impact Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at November 30, 2022 is 11.2%, which is a decrease of 2021’s value at 12.2%. The municipality has a record of full collection and earns penalty revenues to offset the higher measure. List of Attachments F-2023-01 - Attachment Written by: Stephanie Young, Water Tax Administrator Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 09 Jan 2023 Shelley Darlington, General Manger of Corporate Services Approved - 09 Jan 2023 Jason Burgess, CAO Approved - 09 Jan 2023 Page 2 of 4 Page 190 of 450 TABLE 1 Taxes Receivable at November 30, 2022 2022 2021 Outstanding Taxes @ October 31 33,259,090$ 33,916,676$ Supplemental Due November 30 845,333$ 1,132,316$ Interest/Penalty Charged inNovember 211,594$ 169,825$ Taxes Collected during November 10,708,502$ 10,749,424$ Outstanding Taxes @ November 30 23,607,514$ 24,469,393$ Supplemental Due December 23 684,674$ 1,132,316$ Total Taxes to be Collected 24,292,188$ 25,601,709$ Outstanding Taxes by Year: 3 Years and Prior 1,211,790$ 1,318,229$ 2 Year 1,486,283$ 1,371,868$ 1 Year 3,845,167$ 3,885,308$ Current 17,748,949$ 19,026,305$ Total 24,292,188$ 25,601,709$ TABLE 2 2022 2021 Variance Taxes Owing Taxes Owing ($) Residential 14,662,074$ 13,860,939$ 801,135$ Multi-Residential 410,798$ 430,001$ (19,203)$ Commercial 8,183,866$ 10,709,496$ (2,525,630)$ Industrial 978,246$ 566,152$ 412,094$ Farmlands 57,204$ 35,121$ 22,083$ Total Receivables 24,292,188$ 25,601,709$ (1,309,521)$ Taxes Receivable by Property Class at November 30, 2022 Page 3 of 4 Page 191 of 450 TABLE 3 Number of Properties Subject to % Registration as at November 30, 2022 Initial Amount (January 1, 2022)225 Paid in Full 88 39.1% Payment Arrangements 124 55.1% Ongoing Collection Action 13 5.8% Registered 0 0.0% 225 100.0% TABLE 4 April 2023 8 438,577$ November 2023 9 505,223$ Totals 17 943,801$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 4 of 4 Page 192 of 450 F-2023-04 Report Report to: Mayor and Council Date: January 17, 2023 Title: 2023 Interim Tax Levy Recommendation(s) That the 2023 Interim Tax Levy calculation and by-law providing for the 2023 Interim Tax Levy BE APPROVED. Executive Summary The Corporation of the City of Niagara Falls requires a 2023 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 28, 2023 and April 28, 2023. 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 2023 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 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. 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. Page 1 of 2 Page 193 of 450 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 2022 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 28, 2023 and April 28, 2023. In 2022, these dates were February 28, 2022 and April 28, 2022. 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 Implications/Budget Impact 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. Written by: Stephanie Young, Water Tax Administrator Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 09 Jan 2023 Shelley Darlington, General Manger of Corporate Services Approved - 09 Jan 2023 Jason Burgess, CAO Approved - 09 Jan 2023 Page 2 of 2 Page 194 of 450 MW-2023-01 Report Report to: Mayor and Council Date: January 17, 2023 Title: Summary of 2022 Traffic & Parking By-law Amendments Recommendation(s) For the information of City Council. Executive Summary This report is a summary of the traffic and parking by -law (89-2000) amendments completed in 2022 under the authority Council delegated to the General Manager of Municipal Works. Background At its July 12, 2022, meeting, City Council delegated the authori ty to approve the implementation, modification, and/or removal of the parking and traffic regulations contained within By-Law 89-2000 to the General Manager of Municipal Works, directed Staff to prepare the necessary amendments to By-Law 89-2000 for Council’s final approval; and, that Staff be directed to prepare an annual report documenting all of the amendments to By-Law 89-2000 from the previous year. Analysis A list of changes that required an amendment to the City’s Parking and Traffic By-law 89- 2000 that took place in 2022 is provided in the Appendix. Financial Implications/Budget Impact Operational and material costs for the installation, modification and removal of traffic control and parking related signage is included within Municipal Works - Transportation Services annual operating budget. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist, and pedestrian safety. List of Attachments MW-2023-01 2022_Appendix Written by: Page 1 of 4 Page 195 of 450 Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 10 Jan 2023 Jason Burgess, CAO Approved - 11 Jan 2023 Page 2 of 4 Page 196 of 450 MW-2023-01 Appendix 2022 Traffic & Parking By-law 89-2000 Amendments 1. Location: Heximer Avenue, south of Wendy Drive Change: Establish a No Parking zone on the west side of Heximer Avenue, from Wendy Drive to a point 60 metres south of Wendy Drive Reason: Prohibit parking within the inner part of the road curve, and improve sight lines for drivers on Wendy Drive By-law: November 22, 2022 2. Location: Tulip Tree Drive Change: Establish a No Parking zone on both sides of Tulip Tree Drive between Brown Road and a point 22 metres north of Brown Road Reason: Prohibit parking close to Brown Road By-law: November 22, 2022 3. Location: Hodgson Avenue and Wayne Street Change: Replace the yield sign with a stop sign Reason: Sight lines for a yield sign are not achieved By-law: November 22, 2022 4. Location: Glamis Crescent (North) at Royal Manor Drive Glamis Crescent (south) at Royal Manor Drive Strathmore Crescent at Royal Manor Drive Change: Install a stop sign on both sections of Glamis Crescent and on Strathmore Crescent, at their intersections with Royal Manor Drive Reason: Lack of intersection control By-law: November 22, 2022 5. Location: Reixinger Road, west of Stanley Avenue Change: Reduce the speed limit, from 70 km/h to 50 km/h Reason: Speed limit reduction is within the dead-end section By-law: November 22, 2022 6. Location: Ailanthus Avenue, between Dunn Street and Sunnylea Crescent Change: Revise the No Parking, 8:00 a.m. to 4:00 p.m., Monday to Friday, excluding Holidays restriction on both sides to a No Parking zone Reason: Lane widths in each direction is below 6 metres By-law: December 13, 2022 7. Location: Centre Street, between Victoria Avenue and Ellen Avenue Change: Revise the No Parking zone on the north side of Centre Street between a point 22 metres west of Victoria Avenue to a point 62 metres west of Victoria in effect from April 1st to September 30th, to a No Parking, Tow Away Zone in effect at all times. Page 3 of 4 Page 197 of 450 Reason: Housekeeping matter as metered parking during the winter season was removed from Centre Street in 2019 By-law: December 13, 2022 8. Location: Corwin Avenue, south of Lundy’s Lane Change: Minor change to the measurements to comply with field conditions Reason: Housekeeping matter By-law: December 13, 2022 9. Location: Kalar Road, between Thorold Stone Road & Lundy’s Lane Change: Reduce the speed limit from 60 km/h to 50 km/h Reason: Increasing residential development By-law: December 13, 2022 Page 4 of 4 Page 198 of 450 L-2023-01 Report Report to: Mayor and Council Date: January 17, 2023 Title: Encroachment Agreement with the City 4943 Clifton Hill and Encroachment into Clifton Hill Road Allowance (Niagara Clifton Group/Burland Investments Limited) Our File No.: 2022-152 Recommendation(s) 1. In the event that Council determines it is in the best interest of the public to do so, that the City enter into an Encroachment Agreement with Burland Investments Limited, the owner of 4943 Clifton Hill, with respect to the proposed Pirate Ship Exterior Facade element, as outlined in this report. 2. That the Mayor and City Clerk be authorized to execute the required Encroachment Agreement. 3. That the City Solicitor is authorized to register the Encroachment Agreement on title to 4943 Clifton Hill and the applicable portion of Clifton Hill, in the Land Registry Office at the Owner's expense. Executive Summary Ack Architects Studio Inc. has made a request, on behalf of the owner of 4943 Clifton Hill, to request permission to erect a Pirate Ship Exterior Facade element on the face of the building that will encroach into the Clifton Hill road allowance and be allowed the continued use and maintenance of the new encroachment by way of entering into an Encroachment Agreement with the City. Background According to a search of title, 4943 Clifton Hill is owned by Burland Investments Limited, c.o.b. as Niagara Clifton Group (the "Owner"). Niagara Clifton Group is in the process of redeveloping the attraction tenant space at 4943 Clifton Hill that used to house the Guiness Book of World Records Museum. The new attraction concept will feature miniature golf and as part of the project, they a re proposing to erect a Pirate Ship Exterior Facade element (the "Encroachment") which will encroach into the Clifton Hill road allowance. Page 1 of 6 Page 199 of 450 As part of the request, Ack Architects Studio Inc. provided detailed illustrations of the proposed Encroachment showing the design as well as measurements. Copies of these detailed illustrations are attached as Schedule "A". As set out on the illustrations, the extent of the requested Encroachment will be as follows: Maximum encroachment requested: 6'6" Dimensions of of proposed facade element: 40'w x 30'h Distance from the underside of element to grade: 22' Distance from existing building to curb: 18'3" Circulation Comments • Fire Services No objections or concerns with the request. • Planning Department The Pirate Ship Facade was deemed not to be a sign, so planning has no comments on that aspect. With respect to the round rotator sign, it was deemed that a new face on the existing sign box would be in compliance with s.4.10.2 [of the City's Sign By-law] which states that a new sign permit is not required for a sign which previously had a permit issued and is having normal alterations made. The sign location, size and structure are not being altered, so no new permit would be required. • Municipal Works No concerns with respect to the proposed encroachment. There appears to be no conflicts or potential impacts to any existing or planned Municipal Works infrastructure within the road allowance. It is assumed that any power supply requirements will be coming from within the building and that the structural connections to the building are being dealt with through the Building Department review. The proponent will need to apply for and receive a Road Occupancy Permit when they proceed to construction of the facade works. • Transportation Services No comments or objections. Page 2 of 6 Page 200 of 450 Analysis Section 600.03 of the City's Encroachment Policies and Procedures requires that the Owner pay for the cost of preparing the Encroachment Agreement ($500) together with disbursements relating to a search of title and registration of the agreement on title to the affected properties and all costs associated with preparation and deposit of a reference plan. The requirement of a reference plan assists the City in ensuring that no additions, alterations or expansions are made to the Encroachment, and, provides subsequent purchasers/owners of the property effective notice of the Encroachment and its type, location and dimensions. Section 600.03 also allows for the payment of an annual fee to permit the encroachment as set by the City from time to time. There is currently no set schedule for annual encroachment fees, and, such annual fees are set on a case by case basis as determined by the Chief Administrative Officer and City Solicitor and in this case, an annual fee of $200.00 is recommended. The Encroachment Agreement would grant the use and maintenance of the Encroachment by the Owner under terms and conditions as required and approved by the City Solicitor, including but not limited to, the provision that the Encroachment being granted shall be until such time as the Encroachment is required to be removed by the City, at the City's sole discretion. Financial Implications/Budget Impact The Owner will be responsible for all costs relating to the preparation and registration of the reference plan and of the Encroachment Agreement. There will be a $200.00 annual fee for the Encroachment until terminated. Strategic/Departmental Alignment The proposal does not directly impact any of the City's strategic commitments. List of Attachments L-2023-01 SCHEDULE A Written by: Nidhi Punyarthi, City Solicitor Page 3 of 6 Page 201 of 450 SCHEDULE “A”Page 4 of 6Page 202 of 450 Page 5 of 6Page 203 of 450 Page 6 of 6Page 204 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-8 Sunday, January 15, 2023 CONSENT AGENDA Report Council, As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor of staffs recommendation as is for items 9.1 through 9.6. Page 205 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 206 of 450 2-198 Cushman Road St Catharines,Ontario,L2M 6T3 Phone:905-938-5463 wvvw.crimestoppersniagara.,ca Friday,December 2nd,2022 .. Mayor Diodati,' _l\..l'lIf5‘; City of Niagara Falls,Office of the Mayor,‘V’‘ \:’5 4310 Queen Street,N ‘l I :/' Niagara Falls,Ontario,L2E 6X5 ' Dear Mayor Diodati, I am writing on behalf of the board of Crime Stoppers of Niagara to request the City of Niagara Falls prepare a proclamation or letter of acknowledgement to recognize January 2023 as Crime Stoppers Month.This is in addition to our traditional flag raising event and will be used to promote Crime Stoppers Month throughout the community. January has been endorsed around the world as Crime Stoppers Month since 1986 and provides the opportunity for all Crime Stoppers programs to highlight their success. Crime Stoppers of Niagara has been extremely effective since 1985 in helping the Niagara Regional Police Service solve crimes and working with various organizations to make communities safer for residents of the Niagara Region. Apart from taking tips on unsolved crimes,Crime Stoppers of Niagara has worked to increase the awareness of concerns in the region,including illegal dumping,elder abuse,improving the safety and security of students,guarding against human trafficking and combating illegal drugs. The concept of Crime Stoppers was originated by a detective in Albuquerque,New Mexico in 1976 and today there are more than 1,000 programs operating in countries worldwide. Of significance this year,Crime Stoppers of Niagara is working toward being a key organization for reporting elder abuse and delivering awareness and capacity building by establishing strong partnerships with agencies that work with older adults in the Niagara Region.We have also implemented an elder abuse program under provincial and federal grants to move forward in creating safer communities for our older adults. We would greatly appreciate if this recognition could be presented in your office or another convenient location sometime in December or January to give local media the opportunity to promote Crime Stoppers Month.Should you have any questions or require further information,please contact Crime Stoppers of Niagara at 905-938-5463. Ernie SibbettChair,Crime Stoppers of NiagaraCrimedoesn't pay —Crime Stoppers does.Tell us what you know,not who you are.Page 207 of 450 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-Bell Let’s Talk Day 2023 Flag Program From: Mauro, Nadia < Sent: Tuesday, December 20, 2022 10:42 AM To: Jim Diodati <jdiodati@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca> Cc: Naccarato, Rosemary < Subject: [EXTERNAL]-Bell Let’s Talk Day 2023 Flag Program Dear Mayor Diodati, As a valued community partner, I am excited to share with you that the 13th annual Bell Let’s Talk Day will be on Wednesday, January 25. I look forward to sharing more details as we approach the day. We invite you to participate in our flag raising program In 2022, more than 180 municipal, provincial and territorial governments, sports teams, post-secondary schools and partners around the country and internationally raised a Bell Let’s Talk flag as a way to kick off their Bell Let’s Talk Day activities, join the conversation and demonstrate their commitment to mental health. We invite you to show your support by raising a Bell Let’s Talk flag in your community on January 25th,or during the week leading up to Bell Let’s Talk Day. Page 208 of 450 2 Your flag raising event could range from posting a simple photo of your flag on social media with a link to community supports, to a virtual or outdoor flag raising ceremony with a local mental health organization. The possibilities are endless! Raising the Bell Let’s Talk flag is a 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, please indicate your interest by registering here. I will arrange to have your flag raising kit 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, Lena Demarco Regional Director, Community Affairs Nadia Mauro (she/her) Intern, Community Affairs T: 416-353-0996 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 209 of 450 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Consulate General of the Republic of Bulgaria in Toronto From: Sent: Tuesday, January 3, 2023 11:03 AM To: Heather Phillips <hphillips@niagarafalls.ca> Subject: [EXTERNAL]-Consulate General of the Republic of Bulgaria in Toronto Good morning, Heather! I am Velislava Panova, consul general of Republic of Bulgaria! Happy New Year and hope that 2023 will bring you healthy and smiley days! Sarah told me you can help me - how can we do the flag raising ceremony again this year on our National day - March 3? I hope to hear from you soon! Have a nice week! Best, Velislava Panova consul general Генерално консулство на Република България в Торонто, Канада Consulate General of the Republic of Bulgaria in Toronto,Canada, 65 Overlea Blvd., Suite 230 Page 210 of 450 2 Toronto, ON M4H 1P1; +1 416 696 2420; Emergency line: +1 416 892 1738 https://www.bgconsultoronto.info/ https://www.facebook.com/TorontoBulgaria/ https://twitter.com/BulgariaToronto https://www.instagram.com/bulgariatoronto/ CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 211 of 450 1 Michael Stewart To:Heather Ruzylo Subject:RE: [EXTERNAL]-Multiple Myeloma Awareness Day -----Original Message----- From: Jane Greggio Sent: Friday, January 13, 2023 9:42 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Multiple Myeloma Awareness Day Hello Mayor Diodati, I am the co-leader of the Niagara Multiple Myeloma Support Group. Multiple Myeloma is a blood cancer of the plasma cells. Myeloma Canada is looking to have all parts of Canada recognize this disease and bring awareness to it. March is recognized in the US as International MM Awareness Month. March 31st has been chosen as the MM Awareness Day . Last year, Niagara Parks lit the falls read on that evening. Hamilton lit their city hall sign red as well. We are looking to do the same this year. We are asking Niagara Falls to proclaim March 31st as Multiple Myeloma Awareness Day. Please consider this worthwhile request. Thank you for your consideration, Jane Greggio/Glenda Hillier Co-leaders Niagara Multiple Myeloma Support Group Sent from my iPad CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 212 of 450 .3 NH .©._H .3 Defy»./.:.,u.. ,§.3” Q5,3,.w.$.2 3?2% .\u.o.Nm\A: .mu___m_mogm3:o>28:.m__mn_.m._.m_zJm._3m>>mmc_._mwwmm .mo:ou_mmmEmEm:=om_._o:m_>_>nEm=o___>>umt?mcammEm_o_mm:me:.25 .>o:m9mEmm:_m:o; 9:m:_:mm_o>>m__Esm$o_o_m>mc9>m:oEm:oEE>__mu>_:o___>>___m_2.: ucm.m:_w:o:m_nm_Eotm.c_E9Emm>:_Em:umm:m>>.:o_82oa_mEmEc€_>co Em:oaE_m:_E_wuc:ncmmucm__ooo>>cam.u:m_E_m.._.mu:m:w>>>o:mm_o___>>: mm ___mQOHWOH50>COm:___moEm®>>_m_m:om:_m:ocUCMm..mE__om.5m__o_o_E9::_ m:_m3OIw_o_m_9_ot< Emau__=m.23:mo_:mm:GofBmzoi“mm___m0.2m __o::oUE0m__mn_Emm?zucmwoumow:>m>>n_n=>_£5”.93._w_Ew._n_no... NNQN6own Page 213 of 450 .8am .8 .5 .©m mm em mm mm .._H.._ .8 .9» .9. Kw .©¢ .3 Q “ N.» .3 \\\\\Mrmum?aw:v__.aQ.3x32<§§:a\www,.3.u:$€$yam )3>3m3a;?/a§u«amx.5 .FJ_om Page 214 of 450 The Corporation of the City of Kingston 216 Ontario Street, Kingston, ON K7L 2Z3 Phone: (613) 546-4291 ext. 1247 Fax: (613) 546-5232 jbolognone@cityofkingston.ca Office of the City Clerk December 15, 2022 Via email: premier@ontario.ca The Honourable Doug Ford Premier of Ontario Legislative Building Toronto, ON M7A 1A1 Dear Premier: Re: Kingston City Council Meeting, December 6, 2022 – New Motion 2 – Bill 23, More Homes Built Faster Act, 2022 At the regular meeting on December 6, 2022, Council approved New Motion 2 with respect to request to the Bill 23, More Homes Built Faster Act, 2022 . At the same meeting, the following resolution was approved: Whereas this is the first opportunity for the newly elected City of Kingston’s Municipal Council to comment on the Provincial Government’s Bill 23, More Homes Built Faster Act, 2022 which received royal assent on November 28, 2022; and Whereas Bill 23 will negatively impact municipalities’ ability to manage growth, fund essential services and provide new infrastructure for the community resulting in fewer affordable housing units and putting pressure on the municipal tax rate by freezing, reducing, and exempting fees and development charges; and Whereas Bill 23 will have a negative environmental impact by removing the Conservation Authority’s ability to review and consult on development’s impacting natural heritage and conservation; and Whereas Bill 23 will result in reduced parkland for municipalities; and Whereas Bill 23 will open up the Greenbelt for development when the Greenbelt should remain an environmentally protected area so it can continue to help with flood control, provide clean air, and protect us from natural disasters; Page 215 of 450 Premier Ford - 2 - December 6, 2022 Therefore Be It Resolved That the Corporation of the City of Kingston formally opposes Bill 23, More Homes Built Faster Act, 2022, including the legislative changes that significantly reduce the of the role of the Conservation Authorities, which provide valuable consultation advice and technical support to municipalities to ensure housing is built in a safe way and does not cause any unintended environmental consequences; and That the City of Kingston formally request that the Province provides; 1. Funding be put in place for municipalities to replace the loss in development charges and revenue, also that the province should provide funding for municipalities to offer and build affordable housing which could include units at 50% market value and geared to income, and funding be available to municipalities to compensate for the reduction of parkland conveyance to allow the city to acquire the needed parkland; and 2. A process to have methods to encourage underutilized privately owned lands within the municipal boundary; and That the Corporation of the City of Kingston request the provincial government undertake consultation to allow municipalities the much needed time to review the impact of the Regulations associated with Bill 23 once issued and be provided a minimum of 90 days to review and report back to the province with comments and suggestions regarding the Regulations; and That a copy of this Motion be sent to Hon. Doug Ford (Premier of Ontario), Hon. Steve Clark (Minister of Municipal Affairs and Housing), Hon. Victor Fedeli (Chair of Cabinet), Hon. Sylvia Jones (Deputy Premier), Hon. Michael Parsa (Associate Minister of Housing), Hon. Graydon Smith (Minister of Natural Resources and Forestry), Peter Tabuns (Interim Leader of the New Democratic Party), John Fraser (Interim Leader of the Liberal Party), Mike Schreiner (Leader of the Green Party), Ted Hsu (MPP for Kingston and the Islands), ROMA, Ric Bresee (MPP for Lennox & Addington) and John Jordan (MPP for Kingston, Frontenac & Lanark); and That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities. Page 216 of 450 Premier Ford - 3 - December 6, 2022 Yours sincerely, John Bolognone City Clerk /nb C.C. Minister of Municipal Affairs & Housing Steve Clark Hon. Victor Fedeli, Chair of Cabinet Hon. Sylvia Jones, Deputy Premier Hon. Michael Parsa, Associate Minister of Housing Hon. Graydon Smith, Minister of Natural Resources & Forestry Peter Tabuns, Interim Leader of the New Democratic Party John Fraser, Interim Leader of the Liberal Party Mike Schreiner, Leader of the Green Party Ted Hsu, MPP for Kingston & the Islands John Jordan, MPP for Kingston, Frontenac Lanark Ric Bresee, MPP for Lennox & Addington AMO ROMA All Ontario Municipalities Page 217 of 450 1 December 15, 2022 VIA E-MAIL Please be advised that during the regular Council meeting of December 12, 2022 the following motion regarding the expansion of Bill 3 described as “An Act to amend various statutes with respect to special powers and duties of heads of Council” was carried: RESOLUTION: 22-396 Date: December 12, 2022 Moved by: Councillor Budge Seconded by: Councillor Donovan WHEREAS the Government of Ontario has enacted Bill 3 which is described as "An Act to amend various statutes with respect to special powers and duties of heads of Council; AND WHEREAS this Bill will initially apply to the City of Toronto and the City of Ottawa but, according to a statement made by the Premier at the 2022 AMO annual conference, will later be expanded to include other municipalities; AND WHEREAS this will give Mayors additional authority and powers, and correspondingly take away authority and powers from Councils and professional staff, and will include giving the Mayor the authority to propose and adopt the Municipal budget and to veto some decisions of Council; AND WHEREAS this Bill will give authority over professional staff to the Mayor, including that of the Chief Administrative Officer; AND WHEREAS these changes will result in a reduction of independence for professional staff including the CAO, who currently provide objective information to the Council and public and will now take direction from the Mayor alone when the Mayor so directs; AND WHEREAS these surprising and unnecessary changes to the historical balance of power between a Mayor and Council, and which historically gave the final say in all matters to the will of the majority of the elected Council; Page 218 of 450 2 NOW THEREFORE BE IT RESOLVED THAT Council of the Corporation of the Municipality of Greenstone passes this resolution to petition the Government of Ontario: 1. THAT these changes to the Municipal Act, 2001, are unnecessary and would negatively affect the Municipality of Greenstone; and 2. THAT if the Ontario Government deems these changes necessary in large single-tier municipalities such as Toronto and Ottawa, that such changes should not be implemented in smaller municipalities; and 3. THAT the Ontario Government should enact legislation clarifying the role of Mayor, Council and Chief Administrative Officer, similar to those recommended by the Ontario Municipality Administrator's Association and those recommended by Justice Marrocco in the Collingwood judicial inquiry of 2022; and 4. THAT if the stated goal of this legislation is to construct more housing in Ontario that this can be accomplished through other means including amendment of the Planning Act and funding of more affordable housing; AND BE IT FURTHER RESOLVED THAT a copy of this resolution be provided to the Premier of Ontario, the Minister of Municipal Affairs and Housing, Lise Vaugeois, MPP, Kevin Holland, MPP, and the Association of Municipalities of Ontario and all municipalities in Ontario.” CARRIED. Sincerely, Kristina Miousse Clerk c.c. Hon. Doug Ford, Premier of Ontario, premier@ontario.ca Hon. Steve Clark, Municipal Affairs and Housing, Minister.mah@ontario.ca MPP Lise Vaugeois (Thunder Bay-Superior North), lvaugeois-QP@ndp.on.ca MPP Kevin Holland (Thunder Bay – Atikokan), kevin.holland@pc.ola.org Association of Municipalities Ontario, resolutions@amo.on.ca All Ontario Municipalities Page 219 of 450 Municipalityof Tweed Council Meeting Council Meeting “lesolution No. Title:Resolution Re:Natural Gas Prices Date:Wednesday,December 14,2022 Moved by J.Flieler Seconded by J.DeMarsh WHEREAS the price of natural gas is critical to the day-to-day cost of living for many residents of Ontario; AND WHEREAS the price of natural gas plays a large role in establishing a competitive business climate;~ AND WHEREAS some residents in Ontario consistently experience higher natural gas bills that are a result of transporting fuel and forecasted pricing models; AND WHEREAS the Ontario Energy Board (OEB)has the authority to regulate natural gas prices; NOW THEREFORE BE IT RESOLVED that the Council for the Municipality of Tweed hereby petitions the Ontario Energy Board to regulate natural gas bill costs to levels that are affordable and profitable as 1 jurisdictions within Ontario that have lower costs; AND FURTHER,that Council directs the Clerk to ensure that a copy of this Resolution be provided to the Premier of Ontario,the Minister of Energy,all Ontario Municipalities (for support),the Ontario Energy Board,Enbridge Gas lnc.,and the Association of Municipalities of Ontario (AMO); AND FURTHER,that all Resolutions of support received by the Municipality of Tweed be submitted to the Ontario Energy Board (OEB)and Enbridge Gas Inc. Carried /it/nu MayorPage 220 of 450 1 Heather Ruzylo To:Clerk Subject:RE: [EXTERNAL]-comments for Jan 17 2023 council meeting From: Niagara Tinting <niagaratinting@niagaratinting.com> Sent: Saturday, December 24, 2022 2:00 PM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-comments for Jan 17 2023 council meeting Page 221 of 450 Do not alter this report Tuesday, January 17, 2023 City of Niagara Falls Affordable Housing Update Report Every day Council Members, Every day that brings us closer to October 26, 2026, Every day that no affordable housing is created by this Council is one more failure, 63 days Council Members, 63 failures ... The Official Opposition Party of The City of Niagara Falls Council Official Opposition Shadow Councilor Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 222 of 450 Do not alter this report Tuesday, January 17, 2023 City of Niagara Falls Written Correspondence addressed to City Council Policy Report Below is an email sent to Council via the clerk for the Dec 13 22 meeting that was clearly time stamped as having been sent prior to the 24 hour time limit for submissions. Furthermore the Mayor made it clear during the Dec 13 meeting (https://youtu.be/kyHIl6v05nQ?t=13208) “if they didn’t put in within the 24 hours, they missed the mark." The City of Niagara Falls clearly has a 24 hour submitting policy. Would council please confront the clerks office and have them explain this failure and how they plan to remedy it in the future. This is a very serious flaw in the clerks administration procedures that can prevent residents from voicing their concerns. Page 223 of 450 The Official Opposition Party of The City of Niagara Falls Council Official Opposition Shadow Councilor Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 224 of 450 Do not alter this report Tuesday, January 17, 2023 Councilor Campbell's roll as Chair of the Downtown BIA Governance Committee Report Council, During the Dec 13 22 meeting Councilor Campbell was unable to recall his position on the Downtown BIA (https://youtu.be/kyHIl6v05nQ?t=12651), nor was it later clarified. I would like to inform Council and the residences of the City of Niagara Falls that Councilor Campbell is the Chair of the Governance Committee. According to the Downtown BIA web site Governance Committee role is as follows ... It is disconcerting that Councilor Campbell appears to be losing his memory to such a degree that he is unable to remember that he holds the chair of the Governance Committee. Further disconcerting were his actions during the recent '22 AGM when he walked out during the middle of the meeting. The BIA members deserve, and need now more than ever, leaders who are of sound mind and body, Councilor Campbell is clearly Page 225 of 450 showing signs that he may be incapable of performing his responsibilities. The Downtown BIA is troubled, clearly indicated by the mayors comments on the subject during the Dec 13 '22 meeting (https://youtu.be/kyHIl6v05nQ?t=13357. I understand that the Councilor is undergoing a difficult time right now, and I sincerely wish him good health. I am concerned that the stress he may be subjected too in his current state in performing his duties on the BIA may be too great. I would feel more comfortable if Council would confirm that Councilor Campbell feels capable of the roll, as no other council members volunteered to be on the Downtown BIA you may have inadvertently impose such responsibilities upon him. Good leaders should know when to step up and step down, to not only help themselves but to help others as well. The Official Opposition Party of The City of Niagara Falls Council Official Opposition Shadow Councilor Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 226 of 450 Do not alter this report Tuesday, January 17, 2023 Mayor Diodati and Councilor Strange comments concerning 15,000 students Report Council, During the Dec 13 22 meeting Mayor Diodati and Councilor Strange collectively stated that 15,000 students and faculty were going to be "living and working in the downtown". It is important that this council choose their words carefully as to not provide false hope. As only time can verify if these statement s were true or false, a report will be made to council each meeting to update the progress of the claim. It has been 35 days since Mayor Diodati and Councilor Strange claimed 15,000 students and faculty were going to be living and working in the downtown. The current occupancy as researched is 0. The Official Opposition Party of The City of Niagara Falls Council Official Opposition Shadow Councilor Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 227 of 450 Do not alter this report Tuesday, January 17, 2023 Niagara South Hospital funding Report During the Dec 13 2022 council meeting it was reported by Niagara Health that the land purchased by the City of Niagara Falls and subsequently donated cannot be considered as a portion of the local commitment. This is most disconcerting. The former Council of Niagara Falls and Niagara Health appear to have made an $11 million mistake and now they are proposing to subjugate the citizens of Niagara Falls to an unfair financial burden compared to other municipalities, both current and past performances. During the negotiations to purchase the NSH future site lands the parties involved should have been well aware of the requirements set down by the province concerning local contribution procedures. It appears that it was not proper of the City of Niagara Falls to purchase the land itself and should have instead donated the money to Niagara Health to purchase the land. This procedural error has resulted in the $11 million Niagara Falls taxpayers contributed towards the NSH via the land purchase being disqualified as a portion of the local share commitment. This appears, at face value, to be on track to be the most expensive financial mistake in the history of Niagara Falls. Niagara Health presented their case as though the residents of Niagara Falls have not provided their share of per capita levy money towards this project, this is not so. Just because Niagara Health and the former Council of Niagara Falls failed to follow proper local share contribution procedures does not mean that the RESIDENTS of Niagara Falls have not done so. Niagara Health's entire case was based upon the financial per capita (RESIDENTS) commitment share to be $340, the only comparison of the source of such finance is ultimately via the levy (tax) contributed from residents and indeed the tax payers of Niagara Falls have already provided the required per capita requested of Niagara Health. Via their own presentation Niagara Health has demonstrated that the residents of Niagara Falls have indeed contributed that amount already. Page 228 of 450 You must understand, Niagara Health is stating that the City of Niagara Falls (the host city) has not contributed the local share commitment compared to St. Catharines and this may very well be true from an administrative procedural perspective, but the reality is that the per capital commitment requested and expected has been achieved by the RESIDENTS of Niagara Falls. The $11 million for the donated site land purchase has been collected, financed and committed by the residents of this city via their levy contribution towards the local share commitment, whether Niagara Health is entitle to claim it as such is irreverent, that's their mistake. Niagara Health is in essence requesting Council to further burden the cost of this mistake upon the tax payers of Niagara Falls. This is not fair. The residents have held up their part of the bargain and we have donated our proportionate share. Now if Niagara health comes forward and admits faults were made during the site land purchase procedure and implies that the former Council of Niagara Falls is liable in some way then that would be a different ask, but that is not what they asked for this time around.. Should this Council of Niagara Falls now approve the additional $10 million, it would suggest that the individual tax payer is being called upon to burden the financial cost of an administrative procedural mistake made by Niagara Health and perhaps the former Council of Niagara Falls. Niagara Health clearly made it known that they could acquire the funding elsewhere, perhaps not as convenient as manipulating the City of Niagara Falls into granting it, but if this Council does such they will be imposing a per capita commitment share far greater than that proposed by Niagara Health. If this Council imposes a special levy or takes out a loan to finance this request you will in essence be charging a levy to the tax payers of Niagara Falls to make up for a mistake that was not their fault, and it will not be to the amount of $10 million, it will be much more than that when interest is factored in over years. Niagara Falls carries debt, currently the highest financed interest rate is 6.8% if I recall, this means that every dollar spent by the City of Niagara Falls is subjected to an effective 6.8% APR increase, because any unallocated moneys could have been used to pay down or defer increased debt but where not. Furthermore the combined total contribution from the levy of Niagara Falls residents will now be equal, and may even exceed, the total contribution of the Niagara Region. This Page 229 of 450 does not appear to be the proper chain of financial burden concerning projects of this magnitude. ________________________________ When I observe the matters before Council I try to do so from the perspective that I got elected and I am sitting on the current Council. Now you have Niagara Health, an Angel organization as I like to refer to because their purpose is just, requesting a massive financial burden of the tax payers of Niagara Falls. Do I make a choice based upon there Angel status or do I decide that the tax payers of Niagara Falls have completed their contractual obligation. This would be my response. I'm sorry Niagara Health but I was elected by the tax payers of Niagara Falls and no matter how angelic your cause may be, Niagara Falls residents have done their part, a contract is a contract. Niagara Falls has residents that are on the verge of a financial quality of life tightrope and I for one will not subject them to a greater burden to compensate you from a mistake that you were a participant in. You demonstrated that you have the ability to finance this request yourselves, the balance of probabilities suggest that the residence of Niagara Falls, as well as the residence of the Niagara Region as a whole would benefit more so if the City of Niagara Falls did not finance this request. I would therefore vote against your request, respectfully. As to your gracious donation of the lands of the former hospital and the suggestion that it could be converted to Affordable Housing. The City of Niagara Falls has gone down this road before and I would trust that they have learned a valuable lesson. The 4500 Park St. location required the demolition of the on-site buildings and remediation to the cost of $2 million dollars and has laid unrealized for many years. It is most likely that the on-site buildings of the former hospital are not appropriate to an affordable housing project or any other form of non hospital use for that matter and will most likely have to be demolished as well. The appraised value of $6 million dollars does not appear to take into account the liabilities of future site development. Page 230 of 450 Current plans are to develop an affordable housing project on the 4500 Park St. site as well, so the suggestion that these lands can be used for the same purpose would certainly be queued, may not come to fruition within the term of this Council, and therefore cannot be guaranteed to be realized at all. It would appear that The City of Niagara Falls is not currently in a financial position to develop the 4500 Park St. without the assistance of private developers less alone take on another grand burdensome project at this time, it would perhaps be of greater benefit to all parties involved if the lands be sold to a private developer, the funds from the sale can be used to finance the NSH as the generation of financial income appears to be of the greatest importance at the moment and the new levy subjected to the now privately owned lands would in fact contribute to the repayment of the contributions of the residents of Niagara Falls. Newly elected council members may do well to request former in-camera documents concerning these matters so as to have a full understanding of the facts before they vote on the matter. A freedom of information request under the provisions of the public interest override made of the City of Niagara Falls and Niagara Health will eventually be requested for various non in-camera information and brought forward in a later report. One does not simply get to make an $11 million dollar tax levy mistake and get to walk away without being held accountable. The Official Opposition Party of The City of Niagara Falls Council Shadow Councilor Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 231 of 450 Do not alter this document Monday, January 02, 2023 Niagara South Hospital funding Report (Supplementary comments) Council, Supplementary comments to the Niagara South Hospital funding Report dated Tuesday, January 17, 2023 concerning the Niagara South Hospital Presentation. Niagara Health also brought up the issue of presentations being performed before other Municipalities and that the actions of this council was a consideration to such. This was not addressed prior so I will do so now. Their request for additional moneys was entirely based upon the reasoning that the tax payers of Niagara Falls have not contributed their fair share of the local commitment, it was stated in the prior report this reasoning was in error. Nonetheless, this does not change their creditability so far as requesting similar commitments from other Municipalities base upon the same reasoning of fair share local commitment, in fact it empowers it. Niagara Heath, apparently unintentionally, demonstrated that that threshold, which Niagara Health themselves set, has been achieved by the tax payers of Niagara Falls. This indeed reaffirms and strengthens their position, aside from the whole, mishandling of the $11 million dollar land donation not being counted as the local share contribution incident, when it comes to requests of similar commitments from the other Municipalities. Their concern that Councils actions may affect the decisions of other Municipalities, based upon the residents of Niagara Falls financial commitment, should not be admissible as a consideration as to whether this council chooses to fund the request or not. I also wanted to elaborate on the donation of the old hospital site. As mentioned prior, it was brought up that the buildings would in all likelihood require demotion to accommodate new development. Notwithstanding councils and city staffs expertise, if any in this field, it would be foolish for any entity to assume another property in any form whatsoever without having an expert second opinion as to the validity of its worth and liabilities, doubly so if the initial Page 232 of 450 appraisal is initiated by the giver and is to be sited in any financial comparison or compensation argument. I know at least one councilor is involved with real estate, perhaps the concept of incurable obsolescence in reference to real estate can be explained, preferably by an expert in such matters, to the council, as well as to the residents of Niagara Falls so all parties can make and understand decisions from an educated perspective. As part of this councils consideration as to whether you assume that property you may do well to direct staff to initiate the city's own independent appraisal and liability study, it would not look good on a resume to immediacy follow an $11 million dollar mistake with a $6 million dollar mistake, especially after having been advise by the OPNFC on the matter. After all, a former Council has set precedent on these matters, $5000 was spent on assessing the viability of the Dunn Street Affordable Housing project (PBD 2021-37) that, dare I say, appears to not have materialized, so it would appear that in that instance, the former Councils prudence to independently assess the proposal was well founded. As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor to direct staff to initiate a city funded appraisal and liability study, that is incontestably arms length from the Niagara Health Board, before making the decision to assume the old hospital property. I would consider the investment of a few thousands dollars a worthy insurance policy vs. a potential $6 million liability. An Editorial on the Niagara South Hospital was printed in the Niagara Falls Review recently titled "A costly Christmas gift", By Niagara Dailies Editorial Fri., Dec. 23, 2022, perhaps those who have not read it, should. The Official Opposition Party of The City of Niagara Falls Council Shadow Councilor Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca It is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. Page 233 of 450 Page 234 of 450 Do not alter this document Monday, January 02, 2023 Holiday Season Gift Challenge Report Council, During the Dec 13 22 Council meeting I challenged my fellow Ex-council candidates (that would include current councilors) and city staff to reveal, during the next council meeting, how they made someone's life more enjoyable during the Christmas season. This was my gift to you all, normally it may have be considered self serving to present your generosity towards others at a council meeting, now that concern has been abated as a resident has requested this information. I truly hope you will share your individual contributions to those in need this holiday season. It is important that those who hold positions of privilege demonstrate such things. Seasons Greetings, The Official Opposition Party of The City of Niagara Falls Council Shadow Councilor Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca It is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. Page 235 of 450 Do not alter this document Monday, January 02, 2023 Bill 23 ZBA required Report Council, Bill 23, attached in its entirety for reference, from my understanding infers that well prior to November 28, 2023, accounting for procedural time lines, the City of Niagara Falls will be required to enact a city wide ZBA. Updating zoning by-laws (20) No later than one year after the official plan policies described in paragraph 1 or 2 of subsection (21) come into effect, the council of the local municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the policies. Due to the magnitude of such an endeavor I suggest the City begin notifying and educating the residents sooner rather than later of the significance of this event. As the dominate primary resident participant in the ZBA 2021-40, I convey to you that advance notice is necessary to initiated the level of participation that should be required for such a serious event. This opportunity can also be use to possibly correct many viewed irregularity in By-Law 79-200, provided proper invitation and notice is provided by the City to the residents. In essence, the City would be initiating a form of referendum on how By-Law 79-200 can be improved. The effort would be nominal compared to the potential benefits. A city wide amendment is legislated to have to occur, the effort and costs have to be spent anyways, it would be a travesty to miss such an opportunity to improve the entire By-Law 79-200 in one fell swoop, at the very least not to receive the suggestions of the residents of what should be changed. Seasons Greetings, The Official Opposition Party of The City of Niagara Falls Council Shadow Councilor Joedy Burdett Page 236 of 450 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca It is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. Page 237 of 450 1ST SESSION, 43RD LEGISLATURE, ONTARIO 1 CHARLES III, 2022 Bill 23 (Chapter 21 of the Statutes of Ontario, 2022) An Act to amend various statutes, to revoke various regulations and to enact the Supporting Growth and Housing in York and Durham Regions Act, 2022 The Hon. S. Clark Minister of Municipal Affairs and Housing 1st Reading October 25, 2022 2nd Reading October 31, 2022 3rd Reading November 28, 2022 Royal Assent November 28, 2022 Page 238 of 450 Page 239 of 450 EXPLANATORY NOTE This Explanatory Note was written as a reader’s aid to Bill 23 and does not form part of the law. Bill 23 has been enacted as Chapter 21 of the Statutes of Ontario, 2022. SCHEDULE 1 CITY OF TORONTO ACT, 2006 The Schedule amends section 111 of the City of Toronto Act, 2006 to give the Minister the authority to make regulations imposing limits and conditions on the powers of the City to prohibit and regulate the demolition and conversion of residentia l rental properties under that section. The Schedule also makes various amendments to section 114 of the City of Toronto Act, 2006. New subsections (1.2) and (1.3) are added to qualify the definition of “development” in subsection 114 (1). Amendments to subsection (6) and new subsection (6.1) limit the extent to which exterior design may be addressed through site plan control. Related amendments are also included. SCHEDULE 2 CONSERVATION AUTHORITIES ACT The Schedule repeals and re-enacts subsections 21 (2) and (3) of the Conservation Authorities Act so that a disposition of land in respect of which the Minister has made a grant under section 39 requires authorities to provide a notice of the proposed disposition to the Minister instead of requiring the Minister’s approval. Authorities will also be required to conduct public consultations before disposing of lands that meet certain criteria. Sections 21.1.1 and 21.1.2 of the Act are also amended to provide that authorities may not provide a program or service related to reviewing and commenting on certain matters under prescribed Acts. A new section 21.3 is added to the Act authorizing the Minister to direct an authority not to change the fees it charges for a specified period of time. The Act is amended to provide that certain prohibitions on activities in the area of jurisdiction o f an authority do not apply if the activities are part of development authorized under the Planning Act and if other specified conditions are satisfied. Sections 28.0.1 and 28.1.2 of the Act, which include provisions to require a conservation authority to issue a permission or permit where an order has been made under section 47 of the Planning Act, are amended to also apply to orders made under section 34.1 of the Planning Act. Currently, several factors must be considered when making decisions relating to a permission to carry out a development project or a permit to engage in otherwise prohibited activities. The factors include the possible effects on the control of pollutio n and the conservation of land. The Act is amended to instead require c onsideration of the effects on the control of unstable soil or bedrock. Regulation making powers are amended to provide that the Minister may make regulations limiting the types of conditions that may be attached to a permission or permit. A new prohibition is added to prohibit a person from continuing to carry out a development project if they have not entered into an agreement by the timeline prescribed in the regulations. Various other related and consequential amendments and corrections are made, and several regulations made under the Act are revoked. SCHEDULE 3 DEVELOPMENT CHARGES ACT, 1997 The Schedule makes various amendments to the Development Charges Act, 1997. Here are some highlights: 1. Subsection 2 (4) is amended to remove housing services as a service in respect of which a development charge may be imposed. 2. New sections 4.1, 4.2 and 4.3 provide, respectively, for exemptions from development charges for the creation of affordable residential units and attainable residential units, for non-profit housing developments and for inclusionary zoning residential units. 3. Changes are made to the method for determining development charges in section 5, including to remove the costs of certain studies from the list of capital costs that are considered in determining a development charge that may be imposed and to require development charges to be reduced from what could otherwise be imposed during the first four years a by-law is in force. 4. Currently, subsection 9 (1) provides that, unless it expires or is repealed earlier, a development charge by-law expires five years after it comes into force. The subsection is amended to extend this period to 10 years. 5. Section 26.2 is amended to provide that development charges in the case of rental housing development are reduced by a percentage based on the number of bedrooms. Transitional matters are provided for, including that the reduction applies Page 240 of 450 ii to any part of a development charge payable under an agreement under section 27 that is in res pect of a prescribed development and that was entered into before the day the amendments came into force, other than a part of the development charge that is payable under the agreement before the day the development was prescribed. 6. A new section 26.3 is added to provide a maximum interest rate for the purposes of sections 26.1 and 26.2. Complementary amendments are made to sections 26.1 and 26.2 . 7. New subsections 35 (2) and (3) are added, which, for certain services, require a municipality to spend or allocate 60 per cent of the monies in the reserve funds required by section 33 annually. SCHEDULE 4 MUNICIPAL ACT, 2001 The Schedule amends section 99.1 of the Municipal Act, 2001 to give the Minister the authority to make regulations imposing limits and conditions on the powers of a local municipality to prohibit and regulate the demolition and conversion of residential rental properties under that section. SCHEDULE 5 NEW HOME CONSTRUCTION LICENSING ACT, 2017 The Schedule makes various amendments to the New Home Construction Licensing Act, 2017, including the following: 1. Sections 10 and 11, which relate to competency criteria and composition of the regulatory authority’s board, are amended to provide for the Minister’s powers to be exercised by order instead of by regulation. 2. Section 71 is amended to provide for higher maximum fines for subsequent convictions for offences. 3. Section 76 is replaced with a new section 76, with some changes. The purposes for which an administrative penalty may be imposed are extended to include compliance with the Acts, regulations and by-laws referred to in subsection 76 (1) and the conditions of a licence as well to prevent economic benefit from contraventions. The maximum amount of an administrative penalty is increased to $50,000. New subsections 76 (15) and (16) allow administrative penalties to be imposed for contraventions that occurred between April 14, 2022 and the day section 76 comes into force. 4. Clause 84 (1) (i), which authorizes regulations specifying the purposes for which the regulatory authority may use funds that it collects as administrative penalties, is replaced with a new clause 84 (1) (i) that extends the authority to fu nds that the regulatory authority collects as fines. 5. New clause 84 (1) (i.1) authorizes regulations requiring the regulatory authority to establish, maintain and comply with a policy governing payments to adversely affected persons from funds the autho rity collects as fines and administrative penalties. New subsection 84 (7) allows such a regulation to provide for any aspect of the policy to be subject to the approval of the Minister. SCHEDULE 6 ONTARIO HERITAGE ACT The Schedule amends the Ontario Heritage Act. Here are some highlights. Section 25.2 of the Act currently permits the Minister to prepare heritage standards and guidelines for the identification, protection, maintenance, use and disposal of property that is owned by the Crown or occupied by a ministry or prescribed public body and that has cultural heritage value or interest. New subsection 25.2 (3.1) provides that the process for identifying such properties, as set out in the heritage standards and guidelines, may permit the Minister to review determinations made by a ministry or prescribed public body. New subsection 25.2 (7) authorizes the Lieutenant Governor in Council to, by order, exempt the Crown, a ministry or a prescribed public body from having to comply with the heritage standards and guidelines in respect of a particular property, if the Lieutenant Governor in Council is of the opinion that such exemption could potentially advance one or more provincial priorities, as specified. Section 27 of the Act currently requires the clerk of each municipality to keep a register that lists all property designated under Part IV of the Act and also all property that has not been designated, but that the municipal council believes to be of cultu ral heritage value or interest. New subsection 27 (1.1) requires the clerk of the municipality to ensure that the information included in the register is accessible to the public on the municipality’s website. Subsection 27 (3) is re -enacted to require that non- designated property must meet the criteria for determining whether property is of cultural heritage value or interest, if such criteria are prescribed. Current subsection 27 (13) is re-enacted to provide that, in addition to applying to properties included in the register on and after July 1, 2021, the objection process set out in subsections 27 (7) and (8) apply to non -designated properties that were included in the register as of June 30, 2021. New subsections 27 (14), (15) and (16) specify circumstances that require the removal of non-designated property from the register. New subsection 27 (18) prevents a council from including such non-designated property in the register again for five years. Currently, subsection 29 (1.2) of the Act provides that, if a prescribed event occurs, a notice of intention to designate a property under that section may not be given after 90 days have elapsed from the prescribed event, subject to such exceptions as may b e Page 241 of 450 iii prescribed. The subsection is re-enacted to also provide that the municipality may give a notice of intention to designate the property only if the property was included in the register under subsection 27 (3) as of the date of the prescribed event. Subsection 41 (1) of the Act currently permits a council of a municipality to designate, by by-law, the municipality or any defined area of it as a heritage conversation district, if there is in effect in the municipality an official plan that conta ins provisions relating to the establishment of a heritage conservation district. The subsection is re-enacted to also require the municipality or defined area or areas to meet criteria for determining whether they are of cultural heritage value or interes t, if such criteria are prescribed. New subsections 41 (10.2) and (10.3) require a council of a municipality wishing to amend or repeal a by-law made under the section to do so in accordance with such process as may be prescribed; similar rules are added to section 41.1. Section 71 of the Act authorizes the Lieutenant Governor in Council to make regulations governing transitional matters to facilitate the implementation of the amendments made in the Schedule. Other housekeeping amendments are made to the Act. SCHEDULE 7 ONTARIO LAND TRIBUNAL ACT, 2021 The Schedule amends the Ontario Land Tribunal Act, 2021. Subsection 19 (1) is amended to expand the Tribunal’s powers to dismiss a proceeding without a hearing, on the basis that the party who brought the proceeding has contributed to undue delay. Section 19 of the Act is also amended to gi ve the Tribunal the power to dismiss a proceeding entirely, if the Tribunal is of the opinion that a party has failed to comply with a Tribun al order. Section 20 is amended to give the Tribunal the power to order an unsuccessful party to pay a successful p arty’s costs. The regulation-making authority in section 29 is also amended. The Lieutenant Governor in Council is given authority to make regulations requiring the Tribunal to prioritize the resolution of specified classes of proceedings. The Minister is given authority to make regulations prescribing timelines that would apply to specified steps taken by the Tribunal in specified classes of proceedings. The implications of a failure of the Tribunal to comply with the timelines prescribed by the Minister are addressed, and the Minister is given authority to require the Tribunal to report on its compliance with the timelines. A consequential amendment is made to subsection 13 (4). SCHEDULE 8 ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012 The Schedule amends the Ontario Underground Infrastructure Notification System Act, 2012. Here are some highlights: 1. New subsection 2 (4.4) authorizes the Minister to appoint a chair of the board of directors. 2. New section 2.3 authorizes the Minister to appoint an administrator of the Corporation. This section sets out details of this appointment such as the term, powers and duties of the administrator and various rules with respect to liability. New section 2.5 sets out the conditions to be satisfied in order for the Minister to exercise this authority. 3. New section 2.4 sets out that the members of the board of directors of the Corporation cease to hold office during an administrator’s tenure, unless otherwise specified. This section sets out the status of the board during an administrator’s tenure. 4. New section 2.6 sets out that the Act, the regulations and Minister’s orders prevail in the event of a conflict with the memorandum of understanding or the Corporation’s by-laws and resolutions. SCHEDULE 9 PLANNING ACT The Schedule makes various amendments to the Planning Act. Here are some highlights: 1. The concept of parcels of urban residential land is added as well as rules respecting development on such parcels. 2. New subsections 16 (20) and (21) are added to require zoning by -laws to be amended to conform with certain official plan policies within one year of the policies coming into effect. 3. Currently, under subsection 45 (12), a person has the right to appeal a decisi on of the committee of adjustment if the person has an interest in the matter. Amendments are made to the subsection to add the requirement that the person also be a specified person listed in a new definition in subsection 1 (1). New subsections 45 (12.1) to (12.4) are added to provide transitional rules associated with this change, including its retroactive application. A similar amendment is made to appeal rights under subsections 53 (19) and (27). 4. Currently, subsections 22 (2.1) to (2.1.2) prohibit requests for official plan amendments to be made within two years of a new official plan or secondary plan coming into effect. The subsections are repealed. The prohibitions on applications to amend zoning by-laws in subsections 34 (10.0.0.1) and (10.0.0.2) and in relation to applications for a minor variance in subsections 45 (1.2) to (1.4) are similarly repealed. Page 242 of 450 iv 5. Currently, section 23 of the Act enables the Minister to amend official plans by order where the plan is likely to adversely affect a matter of provincial interest. This section is re-enacted to, in particular, eliminate certain procedural steps to which the Minister’s power to make orders is subject, as well as to remove the possibility of the Minister requesting that the Tribunal hold a hearing on a proposed amendment. 6. A new subsection 34 (19.9) is added to create an exception to subsection 34 (19.5), which prevents certain appeals of zoning by-laws related to protected major transit station areas if more than a year has passed sinc e related official plan policies or amendments thereto came into effect. 7. Currently, subsection 37 (6) permits a municipality that has passed a community benefits charge by -law to allow an owner of land to provide the municipality facilities, services or matters required because of development or redevelopment in the area. A new subsection 37 (7.1) provides that a municipality may require such an owner to enter into an agreement with the municipality that addresses the provision of the facilities, servi ces or matters and new subsection (7.2) requires the agreement to be registered against the land. 8. Currently, subsection 37 (32) of the Act provides that the amount of a community benefits charge payable in any particular case shall not exceed the prescribed percentage of the value of the land as of the valuation date. The subsection is amended to require the amount to be multiplied by a ratio based on floor area. 9. Various amendments are made to section 41 of the Act with respect to site plan control areas. New subsections (1.2) and (1.3) are added to qualify the definition of “development” in section 41. Amendments to subsections (4) and (4.1) provide that exterior design is no longer a matter that is subject to site plan control. Similar changes are made to section 47. 10. Various amendments are made to section 42 of the Act with respect to parkland requirements, including the following: i. Currently subsection 42 (1) provides that a council may require the dedication of land for park or other publi c recreational purposes as a condition of development or redevelopment and sets out maximum amounts based on the type of development or redevelopment. A new subsection 42 (1.1) is added to establish a maximum amount for development or redevelopment that will include affordable residential units, attainable residential units or residential units required to be affordable pursuant to an inclusionary zoning by-law. Similar changes are made to section 51.1. ii. New subsections 42 (2.1) to (2.4) are added, which set out rules with respect to the timing of the determination of the amount of land for park or other public recreational purposes or payment in lieu t hat is required to be provided under a by-law under the section. Similar changes are made to section 51.1. iii. Amendments are made in relation to the alternative requirement for parkland conveyances and payments in lieu, including to change the maximum rates and provide a maximum amount of land or value thereof that may be required to be provided. Similar changes are made to section 51.1. iv. New subsections 42 (4.30) to (4.39) are added, which set out a framework for owners of land to identify land to be conveyed to satisfy requirements of a by-law passed under the section. The framework permits owners to appeal to the Tribunal if the municipality refuses to accept the conveyance of the identified land. v. A new subsection 42 (16.1) is added, which requires a municipality to spend or allocate 60 per cent of the monies in the special account required by subsection 42 (15) annually. 11. Amendments to the exceptions to subdivision control and part-lot control under subsections 50 (3) and (5) of the Act are made in connection with land lease community homes. The exception doesn’t apply in respect of land if any part of the land is in the Greenbelt Area. A complementary amendment is made to the definition of “parcel of land” in subsection 46 (1). 12. Section 51 is amended by repealing certain provisions respecting public meetings. 13. Section 70.12 is added to give the Minister the power to make regulations governing transitional matters. 14. The Act is amended to provide for two different classes of upper-tier municipalities, those which have planning responsibilities and those which do not. Various amendments are made to provide lower-tier municipalities with planning functions where, for municipal purposes, they form part of an upper -tier municipality without planning responsibilities. A new section 70.13 addresses various transitional matters which may arise where there is a change in the municipality that has planning responsibilities. SCHEDULE 10 SUPPORTING GROWTH AND HOUSING IN YORK AND DURHAM REGIONS ACT, 2022 The Supporting Growth and Housing in York and Durham Regions Act, 2022 is enacted. Its purpose is to expedite the planning, development and construction of the proposed York Region sewage works project to expedite the improvement, enlargement and extension of the York Durham Sewage System to convey sewage to the Duffin Creek Water Pollution Control Plant. The Act also expedites the development, construction and operation of the Lake Simcoe phosphorus reduction project for the Page 243 of 450 v capture, conveyance and treatment of drainage from the Holland Marsh to remove phosphorus before discharge into the W est Holland River. Certain orders and approvals under the Environmental Assessment Act are terminated, and the projects are exempted from the Environmental Bill of Rights, 1993. Land required for the projects may be designated as project land, in which cas e certain work cannot be performed without a permit. The Minister may require removal of obstructions to the project s. Adjustments to the expropriation process under the Expropriations Act are set out, as are rules regarding compensation. A number of the powers given to the Minister may be delegated to the Regional Municipalities of York or Durham, a lower - tier municipality or the Agency. Rules with regard to utility companies affected by the project are established. Various provisions of an administrative nature are enacted. Page 244 of 450 Page 245 of 450 Bill 23 2022 An Act to amend various statutes, to revoke various regulations and to enact the Supporting Growth and Housing in York and Durham Regions Act, 2022 CONTENTS 1. Contents of this Act 2. Commencement 3. Short title Schedule 1 City of Toronto Act, 2006 Schedule 2 Conservation Authorities Act Schedule 3 Development Charges Act, 1997 Schedule 4 Municipal Act, 2001 Schedule 5 New Home Construction Licensing Act, 2017 Schedule 6 Ontario Heritage Act Schedule 7 Ontario Land Tribunal Act, 2021 Schedule 8 Ontario Underground Infrastructure Notification System Act, 2012 Schedule 9 Planning Act Schedule 10 Supporting Growth and Housing in York and Durham Regions Act, 2022 His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follow s: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent. (2) The Schedules to this Act come into force as provided in each Schedule. (3) If a Schedule to this Act provides that any of its provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions. Short title 3 The short title of this Act is the More Homes Built Faster Act, 2022. Page 246 of 450 2 SCHEDULE 1 CITY OF TORONTO ACT, 2006 1 Section 111 of the City of Toronto Act, 2006 is amended by adding the following subsection: Regulations (7) The Minister of Municipal Affairs and Housing may make regulations imposing limits and conditions on the powers of the City to prohibit and regulate the demolition and conversion of residential rental properties under this section. 2 (1) Section 114 of the Act is amended by adding the following subsections: Same (1.2) Subject to subsection (1.3), the definition of “development” in subsection (1) does not include the construction, erection or placing of a building or structure for residential purposes on a parcel of land if that parcel of land will contain no more than 10 residential units. Land lease community home (1.3) The definition of “development” in subsection (1) includes the construction, erection or placing of a land lease community home, as defined in subsection 46 (1) of the Planning Act, on a parcel of land that will contain any number of residential units. (2) Subparagraph 2 iv of subsection 114 (5) of the Act is repealed and the following substituted: iv. matters relating to building construction required under a by-law referred to in section 108 or 108.1, (3) Subsection 114 (6) of the Act is amended by adding the following paragraph: 1.1 Exterior design, except to the extent that it is a matter relating to exterior access to a building that will contain affordable housing units or to any part of such a building or is a matter referred to in subparagraph 2 iv of subsection (5). (4) Section 114 of the Act is amended by adding the following subsections: Same (6.1) The appearance of the elements, facilities and works on the land or any adjoining highway under the City’s jurisdiction is not subject to site plan control, except to the extent that the appearance impacts matters of health, safety, accessibility, sustainable design or the protection of adjoining lands. . . . . . Same (20) In respect of plans and drawings submitted for approval under subsection (5) b efore the day subsection 2 (2) of Schedule 1 to the More Homes Built Faster Act, 2022 came into force, (a) subparagraph 2 iv of subsection (5) as it read immediately before the day subsection 2 (2) of Schedule 1 to the More Homes Built Faster Act, 2022 came into force continues to apply; (b) paragraph 1.1 of subsection (6) does not apply; and (c) subsection (6.1) does not apply. Commencement 3 This Schedule comes into force on the day the More Homes Built Faster Act, 2022 receives Royal Assent. Page 247 of 450 3 SCHEDULE 2 CONSERVATION AUTHORITIES ACT 1 The definition of “Minister” in section 1 of the Conservation Authorities Act is repealed and the following substituted: “Minister” means the Minister of Natural Resources and Forestry or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) 2 (1) Clause 21 (1) (c) of the Act is amended by striking out “subject to subsection (2)” and substituting “subject to subsections (2) and (4)”. (2) Subsections 21 (2) and (3) of the Act are repealed and the following substituted: Notice to Minister (2) Subject to subsection (6), if the Minister has made a grant to an authority under section 39 in respect of land, the authority shall not sell, lease or otherwise dispose of the land under clause (1) (c) without providing a written notice of the proposed disposition to the Minister at least 90 days before the disposition. Same (3) If an authority is required to consult the public and post a notice of proposed disposition under subsection (4), the notice to the Minister required under subsection (2) shall, at a minimum, describe how the comments received during the public consultation, if any, were considered by the authority prior to the disposition. Public consultation prior to disposition (4) Subject to subsection (6), an authority shall conduct a public consultation and post a notice of the consultation on its website if the authority proposes, under clause (1) (c), to sell, lease or otherwise dispose of land in respect of which the Minister has made a grant under section 39 and the land includes, (a) areas of natural and scientific interest, lands within the Niagara Escarpment Planning Area or wetlands as defined in section 1 of the Conservation Land Act; (b) the habitat of threatened or endangered species; (c) lands in respect of which the authority has entered into an agreement with the Minister in relation t o forestry development under section 2 of the Forestry Act; or (d) land that is impacted by a type of natural hazard listed in subsection 1 (1) of Ontario Regulation 686/21 (Mandatory Programs and Services) made under this Act. Length of public consultation and content of notice (5) The public consultation under subsection (4) shall last for a minimum of 45 days and the notice of public consultation to be posted on the authority’s website prior to the proposed disposition shall include, (a) a description of the type of land referred to in clauses (4) (a) to (d) that the authority is proposing to dispose of ; (b) the proposed date of the disposition; and (c) the proposed future use of the lands, if known. Exceptions (6) With regard to a disposition of land in respect of which the Minister has made a grant to an authority under section 39, the authority is not required to provide a notice to the Minister under subsection (2) or consult the public and post a notice under subsection (4) if, (a) the disposition is for provincial or municipal infrastructure and utility purposes; (b) the province, the provincial agency, board or commission affected by the disposition or the municipal government, agency, board or commission affected by the disposition has approved it; and (c) the authority informs the Minister of the disposition. Minister’s direction on disposition proceeds (7) If the Minister receives a notice under subsection (2), the Minister may, within 90 days after receiving the notice, direct the authority to apply a specified share of the proceeds of the disposition to support programs and services provided by the authority under section 21.1. 3 (1) Subsection 21.1.1 (1) of the Act is amended by adding “Subject to subsection (1.1)” at the beginning. (2) Section 21.1.1 of the Act is amended by adding the following subsection: (1.1) An authority shall not provide under subsection (1), within its area of jurisdiction, a municipal program or service related to reviewing and commenting on a proposal, application or other matter made under a prescribed Act . Page 248 of 450 4 4 (1) Subsection 21.1.2 (1) of the Act is amended by adding “Subject to subsection (1.1)” at the beginning. (2) Section 21.1.2 of the Act is amended by adding the following subsection: (1.1) An authority shall not provide under subsection (1), within its area of jurisdiction, a program or service related to reviewing and commenting on a proposal, application or other matter made under a prescribed Act . 5 The Act is amended by adding the following section: Minister’s direction re fee changes 21.3 (1) The Minister may give a written direction to an authority directing it not to change the amount of any fee it charges under subsection 21.2 (10) in respect of a program or service set out in the list referred to in subsection 21.2 (2), for the period specified in the direction. Compliance (2) An authority that receives a direction under subsection (1) shall comply with the direction within the time specified in the direction. 6 (1) Section 24 of the Act is amended by adding the following subsection: Terms and conditions (8) The Minister may impose terms and conditions on an approval given under subsection (1). (2) Section 24 of the Act, as re-enacted by section 23 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, is amended by adding the following subsection: Terms and conditions (2) The Minister may impose terms and conditions on an approval given under subsection (1). 7 (1) Subsection 28 (1) of the Act, as re-enacted by section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, is amended by striking out “Subject to subsections (2), (3) and (4) and section 28.1 ” at the beginning. (2) Section 28 of the Act, as re-enacted by section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, is amended by adding the following subsections: Same, Planning Act (4.1) Subject to subsection (4.2), the prohibitions in subsection (1) do not apply to an activity within a municipality prescribed by the regulations if, (a) the activity is part of development authorized under the Planning Act; and (b) such conditions and restrictions as may be prescribed for obtaining the exception and on carrying out the activity are satisfied. Same (4.2) If a regulation prescribes activities, areas of municipalities or types of authorizations under the Planning Act for the purposes of this subsection, or prescribes any other conditions or restrictions relating to an exception under subsection (4.1), the exception applies only in respect of such activities, areas and authorizations and subject to such conditions and restrictions. 8 (1) Clause 28.0.1 (1) (a) of the Act is repealed and the following substituted: (a) an order has been made by the Minister of Municipal Affairs and Housing under section 34.1 or 47 of the Planning Act authorizing the development project under that Act; (2) The definition of “development project” in subsection 28.0.1 (2) of the Act is repealed and the following substituted: “development project” means development as defined in subsection 28 (25) or any other act or activity that would be prohibited under this Act and the regulations unless permission to carry out the activity is granted by the affected authority. (3) Clause 28.0.1 (6) (a) of the Act is repealed and the following substituted: (a) any effects the development project is likely to have on the control of flooding, erosion , dynamic beaches or unstable soil or bedrock; (4) Subsection 28.0.1 (9) of the Act is repealed and the following substituted: Request for Minister’s review (9) The holder of a permission who objects to any conditions attached to the permission by an authority may, within 15 days of the reasons being given under subsection (8), submit a request to the Minister for the Minister to review the conditions, subject to the regulations. Page 249 of 450 5 (5) Subsection 28.0.1 (16) of the Act is amended by striking out “conditions that the authority proposes to attach to a permission” and substituting “conditions attached by the authority to a permission”. (6) Clause 28.0.1 (17) (a) of the Act is repealed and the following substituted: (a) effects the development project is likely to have on the control of flooding, erosion , dynamic beaches or unstable soil or bedrock; (7) Subsection 28.0.1 (19) of the Act is amended by striking out the portion before clause (a) and substituting the following: Appeal (19) The holder of a permission who objects to any conditions attached to the permission by an authority may, within 90 days of the reasons being given under subsection (8), appeal to the Ontario Land Tribunal to review the conditions if, . . . . . (8) Subsection 28.0.1 (20) of the Act is amended by striking out “proposed” and substituting “attached”. (9) Section 28.0.1 of the Act is amended by adding the following subsection: Same (26.1) If a regulation made under this section provides that a development project may begin prior to entering into an agreement under subsection (24), but an agreement is not entered into by the date identified in the regulation, no person shall carry out the development project until an agreement is entered into. (10) Clause 28.0.1 (28) (b) of the Act is repealed and the following substituted: (b) subsection (26) or (26.1). (11) Subsection 28.0.1 (34) of the Act is repealed and the following substituted: (34) If the conditions attached to a permission granted under this section conflict with the terms of an order made under section 34.1 or 47 of the Planning Act, the terms of the order shall prevail. (12) Clause 28.0.1 (35) (b) of the Act is amended by adding the following subclause: (i.1) limiting the types of conditions that an authority may attach to a permission under this section, (13) Clause 28.0.1 (35) (e) of the Act is repealed and the following substituted: (e) specifying lands or development projects to which this section does not apply; (e.1) exempting lands or development projects from subsection (5), (24) or (26), subject to such conditions or restrictions as may be specified; 9 (1) Clause 28.1 (1) (a) of the Act is repealed and the following substituted: (a) the activity is not likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock; (2) Clauses 28.1 (6) (a) and (b) of the Act are repealed and the following substituted: (a) the authority shall not refuse the permit unless it is of the opinion that it is necessary to do so to control flooding, erosion, dynamic beaches or unstable soil or bedrock; an d (b) despite subsection (4), the authority shall not attach conditions to the permit unless the conditions relate to controlling flooding, erosion, dynamic beaches or unstable soil or bedrock. (3) Subsection 28.1 (22) of the Act is amended by striking out “120” and substituting “90”. 10 (1) Clause 28.1.2 (1) (a) of the Act is revoked and the following substituted: (a) an order has been made by the Minister of Municipal Affairs and Housing under section 34.1 or 47 of the Planning Act authorizing the development project under that Act; (2) The definition of “development project” in subsection 28.1.2 (2) of the Act is repealed and the fol lowing substituted: “development project” means development activity as defined in subsection 28 (5) or any other act or activity that, without a permit issued under this section or section 28.1, would be prohibited under section 28. (3) Subsection 28.1.2 (5) of the Act is amended by striking out “permission” and substituting “permit”. (4) Clause 28.1.2 (6) (a) of the Act is repealed and the following substituted: (a) any effects the development project is likely to have on the control of flooding, erosi on, dynamic beaches or unstable soil or bedrock; (5) Subsection 28.1.2 (9) of the Act is repealed and the following substituted: Page 250 of 450 6 Request for Minister’s review (9) A permit holder who objects to any conditions attached to the permit by an authority may, within 15 days of the reasons being given under subsection (8), submit a request to the Minister for the Minister to review the conditions, subject to the regulations. (6) Subsection 28.1.2 (11) of the Act is amended by striking out “conditions that the authority proposes to attach to a permit” and substituting “conditions attached by the authority to a permit”. (7) Clause 28.1.2 (12) (a) of the Act is repealed and the following substituted: (a) effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock; (8) Subsection 28.1.2 (14) of the Act is amended by striking out the portion before clause (a) and substituting the following: Appeal (14) A permit holder who objects to any conditions attached to the permit by an authority may, within 90 days of the reasons being given under subsection (8), appeal to the Local Planning Appeal Tribunal to review the conditions if, . . . . . (9) Subsection 28.1.2 (15) of the Act is amended by striking out “proposed” and substituting “attached”. (10) Section 28.1.2 of the Act is amended by adding the following subsection: Same (19.1) If a regulation made under subsection 40 (4) provides that a development project may begin prior to entering into an agreement under subsection (17), but an agreement is not entered into by the date identified in the regulation, no person shall carry out the development project until such time the agreement is entered into. (11) Subsection 28.1.2 (20) of the Act is revoked and the following substituted: Conflict (20) If the conditions attached to a permit issued under this section conflict with the terms of an order made under section 34.1 or 47 of the Planning Act, the terms of the order shall prevail. 11 (1) Clause 30.2 (1.1) (a) of the Act is repealed and the following substituted: (a) the entry is for the purpose of ensuring compliance with subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1), with a regulation made under section 28.5 or with the conditions of a permit issued under section 28.1 , 28.1.1 or 28.1.2 or issued under a regulation made under clause 28.5 (1) (c); (2) Subclause 30.2 (1.1) (b) (i) of the Act is repealed and the following substituted: (i) the damage affects or is likely to affect the control of flooding, erosion , dynamic beaches or unstable soil or bedrock, or 12 (1) Subclause 30.4 (1) (a) (i) of the Act is repealed and the following substituted: (i) subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1) or a regulation made under section 28.5, or (2) Subclause 30.4 (1) (b) (i) of the Act is repealed and the following substituted: (i) the damage affects or is likely to affect the control of flooding, erosion , dynamic beaches or unstable soil or bedrock, or 13 (1) Clause 30.5 (1) (a) of the Act, as re-enacted by section 21 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020, is repealed and the following substituted: (a) subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1); (2) Clause 30.5 (1) (b) of the Act, as re-enacted by section 21 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020, is amended by striking out “subsection 28 (3) or (4)” substitut ing “subsection 28 (3), (4) or (4.1)”. 14 (1) Subsection 40 (1) of the Act is amended by adding the following clause: (g) governing exceptions under subsection 28 (4.1) from the prohibitions set out in subsection 28 (1), including, (i) prescribing municipalities to which the exception applies, (ii) respecting any conditions or restrictions that must be satisfied to obtain the exception, or in carrying out the activity, including conditions or restrictions applying to the municipality in which the exception applies, Page 251 of 450 7 (iii) prescribing activities, areas of municipalities, types of authorizations under the Planning Act and other conditions or restrictions for the purposes of subsection 28 (4.2), (iv) governing transitional matters resulting from an exception under subsection 28 (4.1); (2) Clause 40 (3) (c) of the Act is amended by striking out “clause 21.1.1 (4) (b) and subsection 21.1.2 (2)” at the end and substituting “clauses 21.1.1 (4) (b) and 21.1.2 (3) (b)”. (3) Subsection 40 (3) of the Act is amended by adding the following clause: (c.1) prescribing Acts for the purposes of subsections 21.1.1 (1.1) and 21.1.2 (1.1); (4) Clause 40 (4) (b) of the Act is amended by striking out “may be attached” and substituting “may or may not be attached”. (5) Clause 40 (4) (c) of the Act is repealed. (6) Clause 40 (4) (e) of the Act is amended by adding the following subclause: (i.1) limiting the types of conditions that an authority may attach to a permit under section 28.1.2; (7) Clause 40 (4) (h) of the Act is repealed and the following substituted: (h) specifying lands or development projects to which section 28.1.2 does not apply; (h.1) exempting lands or development projects from subsections 28.1.2 (5), (17) and (19), subject to such conditions or restrictions as may be specified; Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 15 Subsection 16 (1) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 is repealed. Revocation of Regulations 16 Ontario Regulations 97/04, 42/06, 146/06, 147/06, 148/06, 150/06, 151/06, 152/06, 153/06, 155/06, 156/06, 157/06, 158/06, 159/06, 160/06, 161/06, 162/06, 163/06, 164/06, 165/06, 166/06, 167/06, 168/06, 169/06, 170/06, 171/06, 172/06, 174/06, 175/06, 176/06, 177/06, 178/06, 179/06, 180/06, 181/06, 182/06 and 319/09 are revoked. Commencement 17 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the More Homes Built Faster Act, 2022 receives Royal Assent. (2) Sections 2 to 5 and subsections 6 (1) and 14 (3) come into force on the later of January 1, 2023 and the day the More Homes Built Faster Act, 2022 receives Royal Assent. (3) Subsection 6 (2) comes into force on the later of the day section 23 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent. (4) Sections 9 and 16 come into force on the later of the day section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent. (5) Section 10 comes into force on the later of the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent. (6) Section 11 comes into force on the later of the day subsection 19 (1) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent. (7) Section 12 comes into force on the later of the day subsection 20 (1) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent. (8) Section 13 comes into force on the later of the day section 21 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent. (9) Subsections 14 (4) to (7) come into force on the later of the day subsection 25 (2) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent. (10) Section 7 and subsection 14 (1) come into force on a day to be named by proclamation of the Lieutenant Governor. Page 252 of 450 8 SCHEDULE 3 DEVELOPMENT CHARGES ACT, 1997 1 Section 1 of the Development Charges Act, 1997 is amended by adding the following definition: “rental housing development” means development of a building or structure with four or more residential units all of which are intended for use as rented residential premises; (“aménagement de logements locatifs”) 2 (1) Subsections 2 (3) and (3.1) of the Act are repealed and the following substituted: Same (3) An action mentioned in clauses (2) (a) to (g) does not satisfy the requirements of subsection (2) if the only effect of the action is to permit the enlargement of an existing residential unit. Exemption for residential units in existing rental residential buildings (3.1) The creation of the greater of the following in an existing rental residential building, which contains four or more residential units, is exempt from development charges: 1. One residential unit. 2. 1% of the existing residential units. Exemption for residential units in existing houses (3.2) The creation of any of the following is exempt from development charges: 1. A second residential unit in an existing detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the existin g detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit. 2. A third residential unit in an existing detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units. 3. One residential unit in a building or structure ancillary to an existing detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the existing detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units. Exemption for additional residential units in new residential buildings (3.3) The creation of any of the following is exempt from development charges: 1. A second residential unit in a new detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the new detached house, semi-detached house or rowhouse cumulatively will contain no more than one residential unit. 2. A third residential unit in a new detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or stru cture ancillary to the new detached house, semi-detached house or rowhouse contains any residential units. 3. One residential unit in a building or structure ancillary to a new detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the new detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the new detached house, semi-detached house or rowhouse contains any residential units. (2) Paragraph 17 of subsection 2 (4) of the Act is repealed. (3) Section 2 of the Act is amended by adding the following subsection: Deemed amendment of by-law (4.0.1) If a by-law under this section imposes development charges to pay for increased capital co sts required because of increased needs for housing services, the by-law is deemed to be amended to be consistent with subsection (4) as it reads on the day subsection 2 (2) of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 3 The Act is amended by adding the following section: Exemption for affordable and attainable residential units Definitions 4.1 (1) In this section, Page 253 of 450 9 “affordable residential unit” means a residential unit that meets the criteria set out in subsection (2) or (3); (“unité d’habitation abordable”) “attainable residential unit” means a residential unit that meets the criteria set out in subsection (4). (“unité d’habitation à la portée du revenu”) Affordable residential unit, rented (2) A residential unit intended for use as a rented residential premises shall be considered to be an affordable residential unit if it meets the following criteria: 1. The rent is no greater than 80 per cent of the average market rent, as determined in accordance with subsection (5). 2. The tenant is dealing at arm’s length with the landlord. Affordable residential unit, ownership (3) A residential unit not intended for use as a rented residential premises shall be considered to be an affordable residential unit if it meets the following criteria: 1. The price of the residential unit is no greater than 80 per cent of the average purchase price, as determined in accordance with subsection (6). 2. The residential unit is sold to a person who is dealing at arm’s length with the seller. Attainable residential unit (4) A residential unit shall be considered to be an attainable residential unit if it meets the following criteria: 1. The residential unit is not an affordable residential unit. 2. The residential unit is not intended for use as a rented residential premises. 3. The residential unit was developed as part of a prescribed development or class of developments. 4. The residential unit is sold to a person who is dealing at arm’s length with the seller. 5. Such other criteria as may be prescribed. Average market rent (5) For the purposes of paragraph 1 of subsection (2), the average market rent applicable to a residential unit is the average market rent for the year in which the residential unit is occupied by a tenant, as identified in the bulletin entitled the “Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin”, as it is amended from time to time, that is published by the Minister of Municipal Affairs and Housing on a website of th e Government of Ontario. Average purchase price (6) For the purposes of paragraph 1 of subsection (3), the average purchase price applicable to a residential unit is the average purchase price for the year in which the residential unit is sold, as identified in the bulletin entitled the “Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin”, as it is amended from time to time, that is published by the Minister of Municipal Affairs and Housing on a website of the Gover nment of Ontario. Arm’s length (7) For the purposes of this section, in the determination of whether two or more persons are dealing at arm’s length, section 251 of the Income Tax Act (Canada) applies with necessary modifications. Affordable residential unit, exemption from development charges (8) The creation of a residential unit that is intended to be an affordable residential unit for a period of 25 years or more fro m the time that the unit is first rented or sold is exempt from development charges. Same, agreement (9) A person who, but for subsection (8), would be required to pay a development charge and the local municipality shall enter into an agreement that requires the residential unit to which subsection (8) applies to be an affordable resident ial unit for a period of 25 years. Attainable residential unit, exemption from development charges (10) The creation of a residential unit that is intended to be an attainable residential unit when the unit is first sold is exemp t from development charges. Same, agreement (11) A person who, but for subsection (10), would be required to pay a development charge and the local municipality shall enter into an agreement that requires the residential unit to which subsection (10) applies to be an attainable re sidential unit at the time it is sold. Page 254 of 450 10 Standard form agreement (12) The Minister of Municipal Affairs and Housing may establish standard forms of agreement that shall be used for the purposes of subsection (9) or (11). Registration of agreement (13) An agreement entered into under subsection (9) or (11) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. Transition (14) Subsection (8) does not apply with respect to a development charge that is payable before the day section 3 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. Non-application of Legislation Act, 2006 (15) Part III (Regulations) of the Legislation Act, 2006 does not apply to, (a) a bulletin referred to in this section; or (b) a standard form of agreement established under subsection (12). 4 The Act is amended by adding the following sections: Exemption for non-profit housing development Definition 4.2 (1) In this section, “non-profit housing development” means the development of a building or structure intended for use as a residential premises and developed by, (a) a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing, (b) a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, or (c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act. Exemption (2) A non-profit housing development is exempt from development charges. Transition (3) Subsection (2) does not apply with respect to a development charge that is payable before the day section 4 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. Same (4) For greater certainty, subsection (2) applies to future instalments that would have been payable in accordance with section 26.1 after the day section 4 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. Exemption for inclusionary zoning residential units Exemption 4.3 (1) The creation of a residential unit described in subsection (2) is exempt from development charges unless a development charge is payable with respect to the residential unit before the day section 4 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. Application (2) Subsection (1) applies in respect of residential units that are affordable housing units required to be included in a development or redevelopment pursuant to a by-law passed under section 34 of the Planning Act to give effect to the policies described in subsection 16 (4) of that Act. 5 (1) Paragraph 4 of subsection 5 (1) of the Act is amended by striking out “10-year period” and substituting “15-year period”. (2) Section 5 of the Act is amended by adding the following subsection: Page 255 of 450 11 Transition, par. 4 of subs. (1) (1.1) For greater certainty, paragraph 4 of subsection (1), as it read immediately before the day subsection 5 (1) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force, continues to apply in respect of a development charge by -law in force on that day. (3) Paragraph 1 of subsection 5 (3) of the Act is amended by adding “except in relation to such services as are prescribed for the purposes of this paragraph” at the end. (4) Paragraphs 5 and 6 of subsection 5 (3) of the Act are repealed. (5) Section 5 of the Act is amended by adding the following subsection: Transition (3.1) For greater certainty, subsection (3), as it read immediately before the day subsection 5 (4) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force, continues to apply in respect of a development charge by -law in force on that day. (6) Subsection 5 (6) of the Act is amended by adding the following paragraph: 4. In the case of a development charge by-law passed on or after the day subsection 5 (6) of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force, the rules must provide that, i. any development charge imposed during the first year that the by-law is in force is no more than 80 per cent of the maximum development charge that could otherwise be charged in accordance with this section, ii. any development charge imposed during the second year that the by-law is in force is no more than 85 per cent of the maximum development charge that could otherwise be charged in accordance with this section, iii. any development charge imposed during the third year that the by-law is in force is no more than 90 per cent of the maximum development charge that could otherwise be charged in accordance with this section, and iv. any development charge imposed during the fourth year that the by -law is in force is no more than 95 per cent of the maximum development charge that could otherwise be charged in accordance with this section. (7) Section 5 of the Act is amended by adding the following subsections: Special rule (7) Subsection (8) applies to a development charge imposed by a development charge by -law passed on or after January 1, 2022 and before the day subsection 5 (7) of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force, unless the development charge was payable before the day subsection 5 (7) of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. Same (8) The amount of a development charge described in subsection (7) shall be reduced in accordance with the following rules: 1. A development charge imposed during the first year that the by -law is in force shall be reduced to 80 per cent of the development charge that would otherwise be imposed by the by-law. 2. A development charge imposed during the second year that the by-law is in force shall be reduced to 85 per cent of the development charge that would otherwise be imposed by the by-law. 3. A development charge imposed during the third year that the by -law is in force shall be reduced to 90 per cent of the development charge that would otherwise be imposed by the by-law. 4. A development charge imposed during the fourth year that the by-law is in force shall be reduced to 95 per cent of the development charge that would otherwise be imposed by the by-law. Same, interpretation (9) For the purposes of subsections (7) and (8), a development charge is deemed to be imposed on the day refer red to in subsection 26.2 (1) that applies to the development charge. 6 (1) Subsection 9 (1) of the Act is amended by striking out “five years” and substituting “10 years”. (2) Section 9 of the Act is amended by adding the following subsection: Transition (1.1) For greater certainty, subsection (1), as it reads on and after the day subsection 6 (1) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force, does not apply with respect to a development charge by -law that, before that day, had expired pursuant to subsection (1) as it read before that day. 7 (1) Paragraphs 1 to 3 of subsection 26.1 (2) of the Act are repealed and the following substituted: Page 256 of 450 12 1. Rental housing development. 2. Institutional development. (2) Subsection 26.1 (3) of the Act is repealed and the following substituted: Annual instalments (3) A development charge referred to in subsection (1) shall be paid in equal annual instalments beginning on the earlier of the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building and the date the building is first occupied, and continuing on the following five anniversaries of that date. (3) Subsection 26.1 (7) of the Act is amended by striking out “not exceeding the prescribed maximum interest rate” at the end and substituting “not exceeding the maximum interest rate determined in accordance with section 26.3”. 8 (1) Subsection 26.2 (1) of the Act is amended by striking out “The total amount” at the beginning and substituting “Subject to subsection (1.1), the total amount”. (2) Section 26.2 of the Act is amended by adding the following subsections: Discount, rental housing development (1.1) In the case of rental housing development, the amount determined under subsection (1) shall be reduced in accordance with the following rules: 1. A development charge for a residential unit intended for use as a rented residential premises with three or more bedrooms shall be reduced by 25 per cent. 2. A development charge for a residential unit intended for use as a rented residential premises with two bedrooms sha ll be reduced by 20 per cent. 3. A development charge for a residential unit intended for use as a rented residential premises not referred to in paragraph 1 or 2 shall be reduced by 15 per cent. Same, transition (1.2) Subject to subsection (1.3), subsection (1.1) does not apply in respect of a development charge for a development in respect of which a building permit was issued before the day subsection 8 (2) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force. Same, exception (1.3) Despite subsection (7), paragraphs 1 to 3 of subsection (1.1) apply to any part of a development charge payable under an agreement under section 27 that is in respect of a prescribed development and that was entered into before the day that subsection 8 (2) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force, other than a part of the development charge that is payable under the agreement before the day the development was prescribed for the purposes of this subsection. (3) Subsection 26.2 (3) of the Act is amended by striking out “at a rate not exceeding the prescribed maximum interest rate” and substituting “at a rate not exceeding the maximum interest rate determined in accordance with section 26.3”. 9 The Act is amended by adding the following section: Maximum interest rate 26.3 (1) In this section, “adjustment date” means January 1, April 1, July 1 or October 1; (“date de rajustement”) “average prime rate”, on a particular date, means the mean, rounded to the neare st hundredth of a percentage point, of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada. (“taux préférentiel moyen”) Same (2) For the purposes of subsections 26.1 (7) and 26.2 (3), the maximum interest rate th at a municipality may charge shall be determined in accordance with the following rules: 1. A base rate of interest shall be determined for April 1, 2022 and for each adjustment date after April 1, 2022 and shall be equal to the average prime rate on, i. October 15 of the previous year, if the adjustment date is January 1, ii. January 15 of the same year, if the adjustment date is April 1, iii. April 15 of the same year, if the adjustment date is July 1, and Page 257 of 450 13 iv. July 15 of the same year, if the adjustment date is October 1. 2. The base rate of interest in effect on a particular date shall be, i. the base rate for the particular date, if the particular date is an adjustment date, and ii. the base rate for the last adjustment date before the particular date, otherwise. 3. The maximum rate of interest that may be charged, in respect of a particular day after June 1, 2022, shall be an annual interest rate that is one percentage point higher than the base rate of interest in effect for t hat day. Transition (3) Subsection (2) does not apply in respect of a development charge that was payable before the day section 9 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 10 Section 35 of the Act is amended by adding the following subsections: Requirement to spend or allocate monies in reserve fund (2) Beginning in 2023 and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in a reserve fund for the following services at the beginning of the year: 1. Water supply services, including distribution and treatment services. 2. Waste water services, including sewers and treatment services. 3. Services related to a highway as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be. Same (3) If a service is prescribed for the purposes of this subsection, beginning in the first calendar year that commences after the service is prescribed and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in a reserve fund for the prescribed service at the beginning of the year. 11 (1) Subsection 44 (4) of the Act is amended by striking out “Subsection 2 (3.1) and section 4” at the beginning and substituting “Subsections 2 (3.3), 4.2 (2) and 4.3 (1) and section 4”. (2) Subsection 44 (4) of the Act, as amended by subsection (1), is amended by adding “4.1 (8) and (10)” after “Subsections 2 (3.3)” at the beginning. 12 (1) Clauses 60 (1) (b) and (b.1) of the Act are repealed. (2) Subsection 60 (1) of the Act is amended by adding the following clauses: (d.2) prescribing developments and classes of developments for the purposes of paragraph 3 of subsection 4.1 (4); (d.3) prescribing criteria for the purposes of paragraph 5 of subsection 4.1 (4); (3) Subsection 60 (1) of the Act is amended by adding the following clause: (l) prescribing services for the purposes of paragraph 1 of subsection 5 (3); (4) Clause 60 (1) (s.2) of the Act is repealed. (5) Subsection 60 (1) of the Act is amended by adding the following clause: (s.2.1) prescribing developments for the purposes of subsection 26.2 (1.3); (6) Subsection 60 (1) of the Act is amended by adding the following clause: (s.4) prescribing one or more services for the purposes of subsection 35 (3); (7) Section 60 of the Act is amended by adding the following subsections: Adoption by reference (1.1) A regulation under clause (1) (d.3) may adopt by reference, in whole or in part and with such changes as are considered necessary, any document and may require compliance with the document. Rolling incorporation by reference (1.2) The power to adopt by reference and require compliance with a document in subsection (1.1) includes the power to adopt a document as it may be amended from time to time. Revocation 13 Subsections 11.1 (1) and (3) of Ontario Regulation 82/98 are revoked. Page 258 of 450 14 Commencement 14 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the More Homes Built Faster Act, 2022 receives Royal Assent. (2) Section 3, subsection 11 (2) and subsections 12 (2) and (7) come into force on a day to be named by proclamation of the Lieutenant Governor. Page 259 of 450 15 SCHEDULE 4 MUNICIPAL ACT, 2001 1 Section 99.1 of the Municipal Act, 2001 is amended by adding the following subsection: Regulations (7) The Minister may make regulations imposing limits and conditions on the powers of a local municipality to prohibit and regulate the demolition and conversion of residential rental properties under this section. Commencement 2 This Schedule comes into force on the day the More Homes Built Faster Act, 2022 receives Royal Assent. Page 260 of 450 16 SCHEDULE 5 NEW HOME CONSTRUCTION LICENSING ACT, 2017 1 (1) Subsection 10 (1) of the New Home Construction Licensing Act, 2017 is amended by striking out “regulation” and substituting “order”. (2) Subsection 10 (3) of the Act is amended by striking out “a regulation” and substituting “an order”. 2 (1) Subsection 11 (1) of the Act is amended by striking out “regulation” wherever it appears and substituting in each case “order”. (2) Subsection 11 (2) of the Act is amended by striking out “a regulation” and substituting “an order”. 3 Subsection 14 (3) of the Act is amended by striking out “after this section comes into force” wherever it appears and substituting in each case “after February 1, 2021”. 4 Paragraph 6 of section 56.1 of the Act is repealed and the following substituted: 6. Take further action as is appropriate in accordance with this Act, including, for greater certainty, make an order under section 76 imposing an administrative penalty or refer the matter, in whole or in part, to another assessor to consider whether such an order should be made. 5 Subsection 71 (4) of the Act is repealed and the following substituted: Penalties (4) A person or entity that is convicted of an offence under this Act is liable to, (a) in the case of an individual, (i) on the first conviction, a fine of not more than $50,000 or imprisonment for a term of not more than two years less a day, or both, and (ii) on each subsequent conviction, a fine of not more than $100,000 or imprisonment for a term of not more than two years less a day, or both; or (b) in the case of a person or entity that is not an individual, (i) on the first conviction, a fine of not more than $250,000, and (ii) on each subsequent conviction, a fine of not more than $500,000. Same, determining subsequent conviction (4.0.1) For the purpose of subsection (4), a conviction of a person or entity for an offence mentioned in subsection (1), (2) or (3) is a subsequent conviction if the person or entity has a previous conviction for an offence mentioned in any of those subsections. 6 Section 76 of the Act is repealed. 7 The Act is amended by adding the following section: Order 76 (1) An assessor may, by order, impose an administrative penalty against a person in accordance with this section and the regulations made by the Minister if the assessor is satisfied that the person has contravened or is contravening, (a) a prescribed provision of this Act or the regulations; (b) a condition of a licence, if the person is the licensee; (c) a prescribed provision of the Ontario New Home Warranties Plan Act or the regulations or the by-laws of the warranty authority made under it; or (d) a prescribed provision of the Protection for Owners and Purchasers of New Homes Act, 2017 or the regulations made under it. Clarification re code of ethics (2) For greater certainty, provisions of the code of ethics established under clause 84 (1) (f) may be prescribed for the purpose of subsection (1). To whom payable (3) An administrative penalty is payable to the regulatory authority. Purpose (4) An administrative penalty may be imposed under this section for one or more of the following purposes: Page 261 of 450 17 1. To ensure compliance with the Acts, regulations and by-laws referred to in subsection (1) and the conditions of a licence. 2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening the Acts, regulations or by-laws referred to in subsection (1) or the conditions of a licence. Amount (5) Subject to subsection (6), the amount of an administrative penalty shall reflect the purpose of the penalty and shall be determined in accordance with the regulations made by the Minister, but the amount of the penalty shall not exceed $5 0,000. Same, monetary benefit (6) The total amount of the administrative penalty referred to in subsection (5) may be increased by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the contravention. Form of order (7) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the registrar determines. Service of order (8) The order shall be served on the person against whom the administrative penalty is imposed in the manner that the registrar determines. Absolute liability (9) An order made under subsection (1) imposing an administrative penalty against a person applies even if, (a) the person took all reasonable steps to prevent the contravention on which the order is based; or (b) at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent. No effect on offences (10) For greater certainty, nothing in subsection (9) affects the prosecution of an offence. Other measures (11) Subject to section 78, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by the Acts, regulations or by-laws referred to in subsection (1), including the application of conditions to a licence by the registrar, the suspension, immediate suspension or revocation of a licence or the refusal to r enew a licence. Limitation (12) An order may not be made under subsection (1) more than two years after the day any assessor became aware of the contravention on which the order is based. No hearing required (13) Subject to the regulations made by the Minister, an assessor is not required to hold a hearing or to afford a person an opportunity for a hearing before making an order under subsection (1) against the person. Non-application of other Act (14) The Statutory Powers Procedure Act does not apply to an order of an assessor made under subsection (1). Transition — pre-commencement transition period (15) A regulation made under subclause 84 (1) (h) (0.i) and filed with the Registrar of Regulations in accordance with Part III (Regulations) of the Legislation Act, 2006 on or before the last day of the pre-commencement transition period may prescribe a provision for the purpose of subsection (1) for all or part of the pre -commencement transition period and, for greater certainty, an assessor may impose an administrative penalty under subsection (1) for a contravention that occurred during that per iod. Same (16) In subsection (15), “pre-commencement transition period” means the period starting on April 14, 2022 and ending on the day before section 7 of Schedule 5 to the More Homes Built Faster Act, 2022 comes into force. 8 Section 78 of the Act is amended by striking out “this Act” and substituting “an Act referred to in subsection 76 (1)”. 9 (1) Clause 84 (1) (f) of the Act is repealed and the following substituted: (f) establishing a code of ethics for licensees; (2) Clause 84 (1) (i) of the Act is repealed and the following substituted: Page 262 of 450 18 (i) specifying the purposes for which the regulatory authority may use the funds that it collects as fines and administrative penalties; (i.1) requiring the regulatory authority to establish, maintain and comply with a policy, in accordance with any requirements in the regulations, to govern payments the regulatory authority makes, if any, from the funds the regulatory authority collects as fines and administrative penalties, to persons who have been adversely affected by contraventions in respect of which fines or administrative penalties can be imposed; (3) Section 84 of the Act is amended by adding the following subsection: Regulations may require Minister’s approval (7) A regulation made under clause (1) (i.1) may provide for any aspect of the polic y required under that regulation to be subject to the approval of the Minister. Related repeal 10 Section 5 of Schedule 3 to the More Homes for Everyone Act, 2022 is repealed. Commencement 11 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the More Homes Built Faster Act, 2022 receives Royal Assent. (2) Sections 4, 5, 7 and 8 come into force on the later of the day section 75 of Schedule 1 (New Home Construction Licensing Act, 2017) to the Strengthening Protection for Ontario Consumers Act, 2017 comes into force and the day the More Homes Built Faster Act, 2022 receives Royal Assent. Page 263 of 450 19 SCHEDULE 6 ONTARIO HERITAGE ACT 1 Subsection 1 (2) of the Ontario Heritage Act is repealed. 2 (1) Section 25.2 of the Act is amended by adding the following subsection: Minister’s review of determination (3.1) If the process for the identification of properties referred to in clause (3) (a) permits a ministry or prescribed public body to determine whether a property has cultural heritage value or interest, the process may permit the Minister to review the determination, or any part of the determination, whether made before, on or after th e day subsection 2 (1) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, and may permit the Minister to confirm or revise the determination or part of it. (2) Subsection 25.2 (6) of the Act is amended by adding “Subject to an order made under subsection (7)” at the beginning. (3) Subsection 25.2 (7) of the Act is repealed and the following substituted: Exemption re compliance (7) The Lieutenant Governor in Council may, by order, provide that the Crown in right of Ontario or a ministry or prescribed public body is not required to comply with some or all of the heritage standards and guidelines approved under this section i n respect of a particular property, if the Lieutenant Governor in Council is of the opinion that such exemption could potentially advance one or more of the following provincial priorities: 1. Transit. 2. Housing. 3. Health and Long-Term Care. 4. Other infrastructure. 5. Such other priorities as may be prescribed. Not a regulation (8) The heritage standards and guidelines approved under this section and orders made under subsection (7) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 3 (1) Section 27 of the Act is amended by adding the following subsection: (1.1) The clerk of the municipality shall ensure that the information included in the register is accessible to the public on the municipality’s website. (2) Subsection 27 (3) of the Act is repealed and the following substituted: Non-designated property (3) Subject to subsection (18), in addition to the property listed in the register under subsection (2), the register may include property that has not been designated under this Part if, (a) the council of the municipality believes the property to be of cultural heritage value or interest; and (b) where criteria for determining whether property is of cultural heritage value or interest have been prescribed for the purposes of this subsection, the property meets the prescribed criteria. Same (3.1) If property is included in the register under subsection (3), the register shall contain , with respect to such property, a description of the property that is sufficient to readily ascertain the property. (3) Subsection 27 (7) of the Act is amended by adding “or a predecessor of that subsection” after “subsection (3)”. (4) Subsection 27 (13) of the Act is repealed and the following substituted: Application of subss. (7) and (8) (13) In addition to applying to properties included in the register under subsection (3) on and after July 1, 2021, subsections (7) and (8) apply in respect of properties that were included in the register as of June 30, 2021 under the predecessor of subsection (3). Removal of non-designated property (14) In the case of a property included in the register under subsection (3), or a predecessor of that subsection, before, on or after the day subsection 3 (4) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of the Page 264 of 450 20 municipality shall remove the property from the register if the council of the municipality has given a notice of intention to designate the property under subsection 29 (1) and any of the following circumstances exist: 1. The council of the municipality withdraws the notice of intention under subsection 29 (7). 2. The council of the municipality does not withdraw the notice of intention, but does not pass a by -law designating the property under subsection 29 (1) within the time set out in paragraph 1 of subsection 29 (8). 3. The council of the municipality passes a by-law designating the property under subsection 29 (1) within the time set out in paragraph 1 of subsection 29 (8), but the by-law is repealed in accordance with subclause 29 (15) (b) (i) or (iii). Same (15) In the case of a property included in the register under subsection (3) on or after the day subsection 3 (4) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of a municipality shall remove the property from the register if the council of the municipality does not give a notice of intention to designate the property under subsection 29 (1) on or before the second anniversary of the day the property was included in the register. Same (16) In the case of a property included in the register under a predecessor of subsection (3), as of the day before subsection 3 (4) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of a municipality shall remove the property from the register if the council of the municipality does not give a notice of intention to designate the property under subsection 29 (1) on or before the second anniversary of the day subsection 3 (4) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force. Consultation not required (17) Despite subsection (4), the council of the municipality is not required to consult with its municipal heritage committee, if one has been established, before removing a property from the register under subsection (14), (15) or (16). Prohibition re including property in register, subss. (14) to (16) (18) If subsection (14), (15) or (16) requires the removal of a property from the register, the council of the municipality may not include the property again in the register under subsection (3) for a period of five years after the following date: 1. In the case of subsection (14), the day any of the circumstances described in paragraphs 1, 2 and 3 of that subsection exist. 2. In the case of subsection (15), the second anniversary of the day the property was included in the register. 3. In the case of subsection (16), the second anniversary of the day subsection 3 (4) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force. 4 (1) The French version of clause 29 (1) (a) of the Act is repealed and the following substituted: (a) dans le cas où des critères permettant d’établir si un bien a une valeur ou un caractère sur le plan du patrimoine culturel ont été prescrits, le bien répond aux critères prescrits; (2) Subsection 29 (1.2) of the Act is repealed and the following substituted: Limitation (1.2) The following rules apply if a prescribed event has occurred in respect of a property in a municipality: 1. If the prescribed event occurs on or after the day subsection 4 (2) of Schedule 6 to the More Homes Built Faster Act, 2022 comes into force, the council of the municipality may give a notice of intention to designate the property under subsection (1) only if the property is listed in the register under subsection 27 (3), or a predecessor of that subsection, as of the date of the prescribed event. 2. The council may not give a notice of intention to designate such property under subsection (1) after 90 days have elapsed from the event, subject to such exceptions as may be prescribed. 5 (1) Subsection 41 (1) of the Act is repealed and the following substituted: Designation of heritage conservation district (1) The council of the municipality may, by by-law, designate the municipality or any defined area or areas of it as a heritage conservation district if, (a) there is in effect in the municipality an official plan that contains provisions relating to the establishment of heritage conservation districts; and (b) where criteria for determining whether a municipality or an area of a municipality is of cultural heritage value or interest have been prescribed, the municipality or an y defined area or areas of the municipality meets the prescribed criteria. (2) Section 41 of the Act is amended by adding the following subsections: Page 265 of 450 21 Amendment of by-law (10.2) If the council of a municipality wishes to amend a by-law made under this section, the council of a municipality shall do so in accordance with such process as may be prescribed, which may require t he municipality to adopt a heritage conservation district plan for the relevant district. Repeal of by-law (10.3) If the council of a municipality wishes to repeal a by-law made under this section, the council of a municipality shall do so in accordance with such process as may be prescribed. 6 (1) Section 41.1 of the Act is amended by adding the following subsection: Same (5.1) Where criteria have been prescribed for the purposes of clause 41 (1) (b), the statement referred to in clause (5) (b) of this section must explain how the heritage conservation district meets the prescribed criteria. (2) Section 41.1 of the Act is amended by adding the following subsections: Amendment of by-law (13) If the council of a municipality wishes to amend a by-law passed under subsection (2), the council of a municipality shall do so in accordance with such process as may be prescribed. Repeal of by-law (14) If the council of a municipality repeals a by-law passed under subsection (2), the council of a municipality shall do so in accordance with such process as may be prescribed. 7 (1) Paragraph 4 of subsection 42 (1) of the Act is amended by striking out “whether or not the demolition or removal would affect a heritage attribute described in the heritage conservation district plan that was adopted for the heritage conservation district in a by-law registered under subsection 41 (10.1)” at the end. (2) Subsection 42 (3) of the Act is amended by striking out “under subsection (2)” and substituting “under subsection (2.2)”. 8 Subsection 70 (1) of the Act is amended by adding the following clause s: (i.1) prescribing criteria for the purposes of clause 27 (3) (b); . . . . . (k.1) prescribing criteria for the purposes of clause 41 (1) (b); 9 Section 71 of the Act is amended by striking out “and” at the end of clause (a) and by adding the following clauses: (c) facilitate the implementation of amendments to this Act made by Schedule 6 to the More Homes Built Faster Act, 2022; (d) deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of this Act by Schedule 6 to the More Homes Built Faster Act, 2022. Commencement 10 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the More Homes Built Faster Act, 2022 receives Royal Assent. (2) Subsection 7 (1) comes into force on the day subsection 19 (1) of Schedule 11 to the More Homes, More Choice Act, 2019 comes into force. (3) Sections 2 and 3, subsection 4 (2) and sections 5, 6, 8 and 9 come into force on a day to be named by proclamation of the Lieutenant Governor. Page 266 of 450 22 SCHEDULE 7 ONTARIO LAND TRIBUNAL ACT, 2021 1 Subsection 13 (4) of the Ontario Land Tribunal Act, 2021 is amended by striking out “a ground for setting aside a decision of the Tribunal on an application for judicial review or an appeal” at the end and substituting “a ground for an order or decision of the Tribunal to be set aside on an application for judicial review or rescinded on an appeal”. 2 (1) Subsection 19 (1) of the Act is amended by adding the following clause: (b.1) if the Tribunal is of the opinion that the party who brought the proceeding has contributed to undue delay of the proceeding; (2) Section 19 of the Act is amended by adding the following subsection: Same (1.1) Subject to subsection (4), the Tribunal may, on the motion of any party or on its own initiative, dismiss a proceeding if the Tribunal is of the opinion that a party has failed to comply with an order of the Tribunal in the proceeding. (3) Subsection 19 (4) of the Act is amended by adding “or (1.1)” after “subsection (1)”. 3 Section 20 of the Act is amended by adding the following subsection: Same (2) Subsection (1) includes the power to order an unsuccessful party to pay a successful party’s costs. 4 (1) Subsection 29 (1) of the Act is amended by adding the following clause: (c) requiring the Tribunal to prioritize the resolution of specified classes of proceedings. (2) Clause 29 (2) (a) of the Act is repealed and the following substituted: (a) governing the practices and procedures of the Tribunal, subject to the regulations made under clause (1) (c) and other than in relation to a consolidated hearing under section 21, which may include prescribing timelines that shall apply with respect to specified steps taken by the Tribunal in specified classes of proceedings, and governing any related transitional matters; (3) Section 29 of the Act is amended by adding the following subsections: Timelines applicable to Tribunal (2.1) The failure of the Tribunal to comply with any timeline prescribed under clause (2) (a) with respect to a specified step in a proceeding does not invalidate the proceeding, and is not a ground for an order or decision of the Tribunal to be set aside on an application for judicial review or rescinded on an appeal. Same, reporting (2.2) The Tribunal shall, on the Minister’s request and in the time and manner specified by the Minister, report to the Minister on such matters as may be specified by the Minister respecting the Tribunal’s compliance with any timelines prescribed under clause (2) (a). (4) Subsection 29 (3) of the Act is amended by striking out “or clause (2) (a)” and substituting “or clause (1) (c) or (2) (a)”. Commencement 5 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor. Page 267 of 450 23 SCHEDULE 8 ONTARIO UNDERGROUND INFRASTRUCTURE NOTIFICATION SYSTEM ACT, 2012 1 Section 2 of the Ontario Underground Infrastructure Notification System Act, 2012 is amended by adding the following subsection: Chair (4.4) The Minister may appoint a chair of the board of directors from among the members of the board. 2 The Act is amended by adding the following sections: Minister’s authority to appoint administrator 2.3 (1) Subject to section 2.5, the Minister may, by order, appoint an individual as an administrator of the Corporation for the purposes of assuming control of it and responsibility for its activities. Notice of appointment (2) The Minister shall give the Corporation’s board of directors the notice that the Minister considers reasonable in the circumstances before appointing the administrator. Immediate appointment (3) Subsection (2) does not apply if there are not enough members on the b oard of directors to form a quorum. Term of appointment (4) The appointment of the administrator is valid until the Minister makes an order terminating it. Powers and duties of administrator (5) Unless the order appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the Corporation. Same (6) In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them. Right of access (7) The administrator has the same rights as the board of directors in respect of the Corporation’s documents, records and information. Report to Minister (8) The administrator shall report to the Minister as the Minister requires. Minister’s directions (9) The Minister may issue directions to the administrator with regard to any matter within the administrator’s jurisdiction, and the administrator shall carry them out. No personal liability (10) No action or other proceeding shall be instituted against the administrator or a former administrator for, (a) any act done in good faith in the exercise or performance or intended exercise or performance of a duty or power und er this Act, the regulations made under this Act, a Minister’s order or the appointment under subsection (1); or (b) any neglect or default in the exercise or performance in good faith of a duty or power described in clause (a). Crown liability (11) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (10) of this section does not relieve the Crown of liability to which it would otherwise be subject. Liability of Corporation (12) Subsection (10) does not relieve the Corporation of liability to which it would otherwise be subject. Status of board during administrator’s tenure 2.4 (1) On the appointment of an administrator under section 2.3, the members of the board of directors of the Corporation cease to hold office, unless the order provides otherwise. Same (2) During the term of the administrator’s appointment, the powers of any member of the board of directors who continues to hold office are suspended, unless the order provides otherwise. Page 268 of 450 24 No personal liability (3) No action or other proceeding shall be instituted against a member or former member of the board of directors of the Corporation for any act, neglect or default done by the administrator or the Corporation after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019 , subsection (3) of this section does not relieve the Crown of liability to which it would otherwise be subject. Liability of Corporation (5) Subsection (3) does not relieve the Corporation of liability to which it would otherwise be subject. Conditions precedent 2.5 The Minister may exercise the power under subsection 2.3 (1) or any other p rescribed provision only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following condition s is satisfied: 1. The exercise of the power is necessary to prevent serious harm to underground infrastructure, public safety or to the interests of the public. 2. An event of force majeure has occurred. 3. The Corporation is facing a risk of insolvency. 4. The number of members of the board of directors of the Corporation is i nsufficient for a quorum. Conflict 2.6 The following rules apply respecting conflicts that may arise in applying this Act: 1. This Act and its regulations prevail over the memorandum of understanding and the Corporation’s by -laws and resolutions. 2. A Minister’s order made under this Act prevails over the memorandum of understanding and the Corporation’s by -laws and resolutions. 3 Section 20 of the Act is amended by adding the following clauses: (0.a) defining words and expressions used in this Act that are not otherwise defined in this Act; (0.b) prescribing provisions for the purpose of section 2.5; Commencement 4 This Schedule comes into force on the day the More Homes Built Faster Act, 2022 receives Royal Assent. Page 269 of 450 25 SCHEDULE 9 PLANNING ACT 1 (1) Subsection 1 (1) of the Planning Act is amended by adding the following definitions: “parcel of urban residential land” means a parcel of land that is within an area of settlement on which residential use, other than ancillary residential use, is permitted by by-law and that is served by, (a) sewage works within the meaning of the Ontario Water Resources Act that are owned by, (i) a municipality, (ii) a municipal service board established under the Municipal Act, 2001, (iii) a city board established under the City of Toronto Act, 2006, (iv) a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act, or (v) a corporation established under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act, and (b) a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002; (“parcelle de terrain urbain d’habitation”) “specified person” means, (a) a corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply, (b) Ontario Power Generation Inc., (c) Hydro One Inc., (d) a company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply, (e) a company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply, (f) a person required to prepare a risk and safety management plan in respect of an operation under Ontario Reg ulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000, if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the relevant planning matter would apply, (g) a company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply, or (h) a company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply; (“personne précisée”) (2) Subsection 1 (1) of the Act is amended by adding the following definitions: “upper-tier municipality without planning responsibilities” means any of the following upper-tier municipalities: 1. The County of Simcoe. 2. The Regional Municipality of Durham. 3. The Regional Municipality of Halton. 4. The Regional Municipality of Niagara. 5. The Regional Municipality of Peel. 6. The Regional Municipality of Waterloo. 7. The Regional Municipality of York. 8. Any other upper-tier municipality that is prescribed under subsection (6); (“municipalité de palier supérieur sans responsabilités en matière d’aménagement”) “upper-tier municipality with planning responsibilities” means an upper-tier municipality that is not an upper-tier municipality without planning responsibilities; (“municipalité de palier supérieur avec responsabilités en matière d’aménagement ”) (3) Subsection 1 (2) of the Act is amended by striking out “17 (24), (36), (40) and (44.1), 22 (7.4), 34 (19) and (24.1), 38 (4)” and substituting “17 (24), (36) and (44.1), 22 (7.4), 34 (19) and (24.1), 38 (4.1)”. Page 270 of 450 26 (4) Section 1 of the Act is amended by adding the following subsections: Limitation (4.1) A reference to a person or public body in the following provisions does not include a conservation authority under the Conservation Authorities Act except where an appeal made under or referred to in one of those provisions relates to natural hazard policies in any policy statements issued under section 3 of the Act, except for those policies that relate to hazardou s forest types for wildland fire: 1. Paragraph 1.1 of subsection 17 (24). 2. Paragraph 1.1 of subsection 17 (36). 3. Paragraph 1 of subsection 17 (44.1). 4. Subsection 22 (7.4). 5. Paragraph 2.1 of subsection 34 (19). 6. Paragraph 1 of subsection 34 (24.1). 7. Subsection 38 (4.1). 8. Subsection 45 (12). 9. Paragraphs 2 and 5 of subsection 51 (39). 10. Paragraphs 2 and 5 of subsection 51 (43). 11. Paragraphs 2 and 5 of subsection 51 (48). 12. Paragraphs 1 and 5 of subsection 51 (52.1). 13. Subsections 53 (19) and (27). Transition (4.2) Despite subsection (4.1), a conservation authority that was a party to an appeal under a provision listed in subsection (4.1) on the day before the day subsection 1 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 came into force may continue as a party to the appeal after that date until the final disposition of the appeal. (5) Section 1 of the Act is amended by adding the following subsections: Limitation (4.3) A reference to a person or public body in the following provisions does not include an upper-tier municipality without planning responsibilities: 1. Paragraphs 1.1 and 4 of subsection 17 (24). 2. Paragraphs 1.1 and 3 of subsection 17 (36). 3. Paragraph 1 of subsection 17 (44.1). 4. Subsection 22 (7.4). 5. Paragraph 2.1 of subsection 34 (19). 6. Paragraph 1 of subsection 34 (24.1). 7. Subsection 38 (4.1). 8. Subsection 45 (12). 9. Paragraphs 2 and 5 of subsection 51 (39). 10. Paragraphs 2 and 5 of subsection 51 (43). 11. Paragraphs 2 and 5 of subsection 51 (48). 12. Paragraphs 1 and 5 of subsection 51 (52.1). 13. Subsections 53 (19) and (27). Transition (4.4) Despite subsection (4.3), an upper-tier municipality without planning responsibilities listed in paragraphs 1 to 7 of the definition of “upper-tier municipality without planning responsibilities” in subsection (1) that was a party to an appeal under a provision listed in subsection (4.3) on the day before the day subsection 1 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 came into force or an upper-tier municipality without planning responsibilities prescribed under subsection (6) that Page 271 of 450 27 was a party to an appeal under a provision listed in subsection (4.3) on the day bef ore the day the regulation prescribing the upper-tier municipality without planning responsibilities as such comes into force may continue as a party to the appeal after that date until the final disposition of the appeal, unless the appeal is deemed to be dismissed by application of subsection 45 (12.2) or 53 (19.2) or (27.0.2). (6) Section 1 of the Act is amended by adding the following subsection: Regulations, upper-tier municipality without planning responsibilities (6) The Lieutenant Governor in Council may, by regulation, prescribe additional upper -tier municipalities for the purposes of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1). 2 (1) Subsection 8 (1) of the Act is amended by striking out “upper -tier municipality” and substituting “upper-tier municipality with planning responsibilities”. (2) Subsection 8 (2) of the Act is amended by striking out “The council of a lower -tier municipality” at the beginning and substituting “The council of a lower-tier municipality, the council of an upper-tier municipality without planning responsibilities”. 3 Section 15 of the Act is repealed and the following substituted: Upper-tier municipalities, planning functions 15 (1) The council of an upper-tier municipality with planning responsibilities, on such conditions as may be agreed upon with the council of a lower-tier municipality, may assume any authority, responsibility, duty or function of a planning nature that the lower-tier municipality has under this or any other Act. Same (2) The council of an upper-tier municipality, on such conditions as may be agreed upon with the council o f a lower-tier municipality, may provide advice and assistance to the lower-tier municipality in respect of planning matters generally. 4 (1) Subsection 16 (3) of the Act is repealed and the following substituted: Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, (a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi -detached house or rowhouse contains any residential units. Same, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2). (2) Subsection 16 (15) of the Act is amended by adding “or a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities” after “single-tier municipality” in the portion before clause (a). (3) Subsection 16 (16) of the Act is amended by striking out “upper-tier municipality” in the portion before clause (a) and substituting “upper-tier municipality with planning responsibilities”. (4) Section 16 of the Act is amended by adding the following subsections: Page 272 of 450 28 Updating zoning by-laws (20) No later than one year after the official plan policies described in paragraph 1 or 2 of subsection (21) come into effect, the council of the local municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the policies. Same (21) The official plan policies referred to in subsection (20) are as follows: 1. Policies listed in subsection 17 (36.1.4). 2. Policies set out in the official plan of a local municipality that, i. delineate an area surrounding and including an existing or planned higher order transit station or stop, and identify the minimum number of residents and jobs, collectively, per hectare that are planne d to be accommodated within the area, and ii. are required to be included in an official plan to conform with a provincial plan or be consistent with a policy statement issued under subsection 3 (1). 5 (1) Subsection 17 (2) of the Act is amended by strik ing out “An upper-tier municipality” at the beginning and substituting “An upper-tier municipality with planning responsibilities”. (2) Subsection 17 (4) of the Act is amended by striking out “an upper-tier municipality” and substituting “an upper- tier municipality with planning responsibilities”. (3) Subsections 17 (6) and (12) of the Act are amended by striking out “accompanied by a written explanation for it” wherever it appears. (4) Subsection 17 (13) of the Act is repealed and the following substitu ted: Mandatory adoption (13) A plan shall be prepared and adopted and, unless exempt from approval, submitted for approval by the council of, (a) an upper-tier municipality with planning responsibilities; (b) a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities; and (c) any other local municipality that is prescribed for the purposes of this section. (5) Subsection 17 (14) of the Act is amended by striking out “municipality not prescribed under subsection (13)” and substituting “local municipality not described in clause 13 (b) or otherwise prescribed for the purposes of subsection (13)”. (6) Subsection 17 (24.1) of the Act is repealed and the following substit uted: No appeal re additional residential unit policies (24.1) Despite subsection (24), there is no appeal in respect of policies adopted to authorize the use of , (a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, sem i- detached house or rowhouse cumulatively contain no more than one residential unit; (b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi - detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi -detached house or rowhouse contains any residential units. (7) Subsection 17 (36.1) of the Act is repealed and the following substituted: No appeal re additional residential unit policies (36.1) Despite subsection (36), there is no appeal in respect of policies adopted to authorize the use of , (a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, sem i- detached house or rowhouse cumulatively contain no more than one residential unit; Page 273 of 450 29 (b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi - detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi -detached house or rowhouse contains any residential units. 6 (1) Subsections 22 (2.1) to (2.1.2) of the Act are repealed. (2) Subsection 22 (2.2) of the Act is amended by striking out “subsection (2.1), (2.1.1) or (2.1.3)” and substituting “subsection (2.1.3)”. (3) Clause 22 (7.2) (c) of the Act is repealed and the following substituted: (c) amend or revoke policies adopted to authorize the use of, (i) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit, (ii) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units, or (iii) one residential unit in a building or structure ancillary to a detached house, semi -detached house or rowhouse on a parcel of urban residential land, if the detached house, semi -detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi -detached house or rowhouse contains any residential units; or 7 Section 23 of the Act is repealed and the following substituted: Matter of provincial interest affected by official plan 23 (1) The Minister may, by order, amend an official plan if the Minister is of the opinion that the plan is likely to a dversely affect a matter of provincial interest. Effect or order (2) The Minister’s order has the same effect as an amendment to the plan adopted by the council and approved by the appropriate approval authority. Non-application of Legislation Act, 2006, Part III (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 8 (1) Subsections 34 (10.0.0.1) and (10.0.0.2) of the Act are repealed. (2) Subsection 34 (19.1) of the Act is repealed and the following substituted: No appeal re additional residential unit by-laws (19.1) Despite subsection (19), there is no appeal in respect of the parts of a by -law that are passed to permit the use of, (a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, sem i- detached house or rowhouse cumulatively contain no more than o ne residential unit; (b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi- detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi -detached house or rowhouse contains any residential units. (3) Subsection 34 (19.5) of the Act is amended by striking out “subsections (19.6) to (19.8)” in the portion before clause (a) and substituting “subsections (19.6) to (19.9)”. (4) Subsection 34 (19.6) of the Act is amended by striking out “lower-tier municipality only if the municipality’s official plan” and substituting “lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities only if the lower -tier municipality’s official plan”. (5) Section 34 of the Act is amended by adding the following subsection: Page 274 of 450 30 Exception re non-compliance with s. 16 (20) (19.9) Subsection (19.5) does not apply to a zoning by -law that is passed more than one year after the later of the following comes into effect: 1. Official plan policies described in subsection 16 (15) or subclauses 16 (16) (b) (i) and (ii) for the protected major transit station area. 2. An amendment to the policies referred to in paragraph 1 of this subsection. 9 Subsections 35.1 (1) and (2) of the Act is repealed and the following substituted: Restrictions for residential units (1) The authority to pass a by-law under section 34 does not include the authority to pass a by -law that prohibits the use of, (a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi -detached house or rowhouse contains any residential units. Same, parking (1.1) The authority to pass a by-law under section 34 does not include the authority to pass a by -law requiring more than one parking space to be provided and maintained in connectio n with a residential unit referred to in subsection (1) of this section. Same, minimum area (1.2) The authority to pass a by-law under section 34 does not include the authority to pass a by-law that regulates the minimum floor area of a residential unit referred to in subsection (1) of this section. Provisions of no effect (1.3) A provision of a by-law passed under section 34 or an order made under subsection 34.1 (9) or clause 47 (1) (a) is of no effect to the extent that it contravenes a restriction described in subsection (1), (1.1) or (1.2) of this section. Regulations (2) The Minister may make regulations establishing requirements and standards with respect to, (a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, sem i- detached house or rowhouse cumulatively contain no more than one residential u nit; (b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi - detached house or rowhouse contains any residential units; or (c) a residential unit in a building or structure ancillary to a detached house, semi -detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 10 (1) Section 37 of the Act is amended by adding the following subsections: Agreement re facilities, services or matters (7.1) If the municipality intends to allow an owner of land to provide facilities, services or matters in accordance with subsection (6), the municipality may require the owner to enter into an agreement with the municipality that addresses the provision of the facilities, services or matters. Registration of agreement (7.2) An agreement entered into under subsection (7.1) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. (2) Subsection 37 (32) of the Act is amended by adding “Subject to subsection (32.1),” at the beginning. Page 275 of 450 31 (3) Subsection 37 (32) of the Act is repealed and the following substituted: Maximum amount of community benefits charge (32) The amount of a community benefits charge payable in any particular case shall not exceed an amount equal to the prescribed percentage of the value of the land, as of the valuation date, multiplied by the ratio of “A” to “B” where, “A” is the floor area of any part of a building or structure, which part is pr oposed to be erected or located as part of the development or redevelopment, and “B” is the floor area of all buildings and structures that will be on the land after the development or redevelopment. (4) Section 37 of the Act is amended by adding the following subsection: Discount (32.1) With respect to a development or redevelopment that includes affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3 (2) of that Act, the community benefits charge applicable to such a development or redevelopment shall not exceed the amount determined under subsection (32) multiplied by the ratio of A to B where, “A” is the floor area of all buildings that are part of the development or redevelopment minus the floor area of all affordable residential units, attainable residential units and residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the floor area of all buildings that are part of the development or redevelopment. 11 (1) Section 41 of the Act is amended by adding the following subsections: Same (1.2) Subject to subsection (1.3), the definition of “development” in subsection (1) does not incl ude the construction, erection or placing of a building or structure for residential purposes on a parcel of land if that parcel of land will contain no more than 10 residential units. Land lease community home (1.3) The definition of “development” in subsection (1) includes the construction, erection or placing of a land lease community home, as defined in subsection 46 (1), on a parcel of land that will contain any number of residential units. (2) Subparagraph 2 (d) of subsection 41 (4) of the Act is repealed and the following substituted: (d) matters relating to building construction required under a by-law referred to in section 97.1 of the Municipal Act, 2001, (3) Subsection 41 (4.1) of the Act is amended by adding the following paragraph: 1.1 Exterior design, except to the extent that it is a matter relating to exterior access to a building that will contain affordable housing units or to any part of such a building or is a matter referred to in subparagraph 2 (d) of subsection (4). (4) Section 41 of the Act is amended by adding the following subsection: Same (4.1.1) The appearance of the elements, facilities and works on the land or any adjoining highway under a municipality’s jurisdiction is not subject to site plan control, except to the extent that the appearance impacts matters of hea lth, safety, accessibility, sustainable design or the protection of adjoining lands. (5) Subsection 41 (9) of the Act is repealed and the following substituted: Limitations on requirement to widen highway (9) An owner may not be required by a municipality, under paragraph 1 of clause (7) (a), or by an upper-tier municipality with planning responsibilities, under subclause (8) (a) (i), to provide a highway widening unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described. (6) Subsection 41 (9.1) of the Act is repealed and the following substituted: Limitations on requirement to convey land (9.1) An owner of land may not be required by a municipality, under clause (7) (d), or by an upper -tier municipality with planning responsibilities, under clause (8) (c), to convey land unless the public transit right of way to be provided is show n on or described in an official plan. (7) Section 41 of the Act is amended by adding the following subsection: Page 276 of 450 32 Same (15.3) In respect of plans and drawings submitted for approval under subsection (4) before the day subsection 11 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, (a) subparagraph 2 (d) of subsection (4), as it read immediately before the day subsection 11 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 came into force, continues to apply; (b) paragraph 1.1 of subsection (4.1) does not apply; and (c) subsection (4.1.1) does not apply. 12 (1) Subsection 42 (0.1) of the Act is amended by repealing the definition of “dwelling unit”. (2) Subsection 42 (1) of the Act is amended by adding “Subject to subsection (1.1)” at the beginning. (3) Section 42 of the Act is amended by adding the following subsection: Same, affordable residential units (1.1) With respect to land proposed for development or redevelopment that will include affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3 (2) of that Act, the amount of land that may be required to be conveyed under subsection (1) shall not exceed 5 per cent of the land multiplied by the ratio of A to B where, “A” is the number of residential units that are part of the development or redevelopment but are not affordable residential units, attainable residential units or residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the number of residential units that are part of the development or redevelopment. (4) Section 42 of the Act is amended by adding the following subsection: Exception, non-profit housing development (1.2) A by-law passed under this section does not apply to non-profit housing development defined in subsection 4.2 (1) of the Development Charges Act, 1997. (5) Section 42 of the Act is amended by adding the following subsection: Non-application, residential units (1.3) A by-law passed under this section does not apply to the erection or location of, (a) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, sem i- detached house or rowhouse cumulatively contain no more than one residential unit; (b) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi- detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi -detached house or rowhouse contains any residential units. (6) Section 42 of the Act is amended by adding the following subsections: When requirement determined (2.1) The amount of land or payment in lieu required to be provided under this section is the amount of land or payment in lieu that would be determined under the by-law on, (a) the day an application for an approval of development in a site plan control area under subsection 41 (4) of this Act or subsection 114 (5) of the City of Toronto Act, 2006 was made in respect of the development or redevelopment; (b) if clause (a) does not apply, the day an application for an amendment to a by -law passed under section 34 of this Act was made in respect of the development or redevelopment; or (c) if neither clause (a) nor clause (b) applies, the day a building permit was issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, the day the first permit was issued. Page 277 of 450 33 Same, if by-law not in effect (2.2) Subsection (2.1) applies regardless of whether the by-law under which the amount of land or payment in lieu would be determined is no longer in effect on the date the land is conveyed, the payment in lieu is made or arrangements for the payme nt in lieu that are satisfactory to the council are made, as the case may be. Same, more than one application (2.3) If a development was the subject of more than one application referred to in clause (2.1) (a) or (b), the later one is deemed to be the applicable application for the purposes of subsection (2.1). Exception, time elapsed (2.4) Clauses (2.1) (a) and (b) do not apply if, on the date the first building permit is issued for the development, more than two years have elapsed since the application referred to in clause (2.1) (a) or (b) w as approved. Transition (2.5) Subsection (2.1) does not apply in the case of an application made before the day subsection 12 (6) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force. (7) Subsection 42 (3) of the Act is amended by striking out “for each 300 dwelling units” and substituting “for each 600 net residential units”. (8) Section 42 of the Act is amended by adding the following subsections: Transition (3.0.1) Subsection (3), as it read immediately before the day subsection 12 (8) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, continues to apply to a development or redevelopment if, on that day, a building permit has been issued in respect of the development or redevelopment. Net residential units (3.0.2) For the purposes of subsections (3) and (6.0.1), the net residential units proposed shall be determined by subtracting the number of residential units on the land immediately before the proposed development or redevelopment from the number of residential units that will be on the land after the proposed development or redevelopment. (9) Section 42 of the Act is amended by adding the following subsection: Same, affordable residential units (3.0.3) Affordable residential units and attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, and residential units described in subsection 4.3 (2) of that Act shall be excluded from the number of net residential units otherwise determined in accordance with subsection (3.0.2). (10) Subsection 42 (3.2) of the Act is repealed. (11) Section 42 of the Act is amended by adding the following subsection: Transition (3.5) Subsections (3.3) and (3.4) do not apply to land proposed for development or redevelopment if, before the day subsection 12 (11) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, a building permit has been issued in respect of the development or redevelopment unless the land proposed for development or redevelopment is designated as transit - oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020. (12) Subsection 42 (4.1) of the Act is amended by striking out “adopting the of ficial plan policies described in subsection (4)” and substituting “passing a by-law under this section”. (13) Subsection 42 (4.3) of the Act is repealed. (14) Subclause 42 (4.27) (b) (i) of the Act is amended by striking out “only” at the end. (15) Section 42 of the Act is amended by adding the following subsections: Identification of land re conveyance to municipality (4.30) An owner of land proposed for development or redevelopment may, at any time before a building permit is issued in respect of the development or redevelopment, identify, in accordance with such requirements as may be prescribed, a part of the land that the owner proposes be conveyed to the municipality to satisfy, in whole or in part, a requirement of a by -law passed under this section. Same (4.31) Land identified in accordance with subsection (4.30) may include, (a) land that is, Page 278 of 450 34 (i) part of a parcel of land that abuts one or more other parcels of land on a horizontal plane, (ii) subject to an easement or other restriction, or (iii) encumbered by below grade infrastructure; or (b) an interest in land other than the fee, which interest is sufficient to allow the land to be used for park or other public recreational purposes. Agreement re interest in land (4.32) If the municipality intends to accept the conveyance of an interest in land described in clause (4.31) (b), the municipality may require the owner of the land to enter into an agreement with the municipality that provides for the land to be used for park or other public recreational purposes. Registration of agreement (4.33) An agreement entered into under subsection (4.32) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. Municipality refuses to accept identified land (4.34) If the municipality has decided to refuse to accept the conveyance of land identified in accordanc e with subsection (4.30) to satisfy a requirement of a by-law passed under this section, the municipality shall provide notice to the owner in accordance with such requirements as may be prescribed. Appeal (4.35) An owner of land who has received a notice under subsection (4.34) may, within 20 days of the notice being given, appeal the municipality’s refusal to accept the conveyance to the Tribunal by filing with the clerk of the municipality a not ice of appeal accompanied by the fee charged by the Tribunal. Record (4.36) If the clerk of the municipality receives a notice of appeal referred to in subsection (4.35) within the time set out in that subsection, the clerk of the municipality shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the notice is filed; and (c) such other information or material as the Tribunal may require in respect of the appeal is for warded to the Tribunal. Hearing (4.37) On an appeal, the Tribunal shall hold a hearing, notice of which shall be given to such persons or public bodies and in such manner as the Tribunal may determine. Order by Tribunal (4.38) The Tribunal shall consider whether the land identified in accordance with subsection (4.30) meets the prescribed criteria and, if it does, the Tribunal shall order that the land, (a) be conveyed to the local municipality for park or other public recreational purposes; and (b) despite any provision in a by-law passed under this section, shall be deemed to count towards any requirement set out in the by-law that is applicable to the development or redevelopment. Same, interest in land (4.39) If the Tribunal orders an interest in land referred to in clause (4.31) (b) to be conveyed to the local municipality under subsection (4.38), the Tribunal may require the owner of the land to enter in an agreement with the municipality that provide s for the land to be used for park or other public recreational purposes and subsection (4.33) applies to the agreement with necessary modifications. (16) Subsection 42 (6.0.1) of the Act is amended by striking out “for each 500 dwelling units” and substituting “for each 1,000 net residential units”. (17) Section 42 of the Act is amended by adding the following subsection: Same (6.0.4) Subsection (6.0.1), as it read immediately before the day subsection 12 (17) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, continues to apply to a development or redevelopment if, on that day, in circumstances where the alternative requirement set out in subsection (3) applies, a building permit has been issued in respect of the development or redevelopment. Page 279 of 450 35 (18) Section 42 of the Act is amended by adding the following subsection: Requirement to spend or allocate monies in special account (16.1) Beginning in 2023 and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per ce nt of the monies that are in the special account at the beginning of the year. 13 (1) Subsections 45 (1.2) to (1.4) of the Act are repealed. (2) Subsection 45 (12) of the Act is amended by striking out “the Minister or any other person or public body who has an interest in the matter” and substituting “the Minister or a specified person or public body that has an interest in the matter”. (3) Section 45 of the Act is amended by adding the following subsections: Transition (12.1) For greater certainty, subsection (12), as it reads on the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies to an appeal on and after that day even if the decision is made before that day. Same, retroactive effect (12.2) An appeal under subsection (12) made before the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force by a person or public body not referred to in subsection (12) of this section as it reads on the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force shall be deemed to have been dismissed on the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless, (a) a hearing on the merits of the appeal had been scheduled before October 25, 2022; or (b) a notice of appeal was filed by a person or public body refe rred to in subsection (12) of this section in respect of the same decision to which the appeal relates. Same, hearing on the merits (12.3) For the purposes of clause (12.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the dat e on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hea ring. Same (12.4) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing. 14 The definition of “parcel of land” in subsection 46 (1) of the Act is amended by striking out “i n clause 50 (3) (b) or clause 50 (5) (a)” at the end and substituting “in clause 50 (3) (b) or (d.1) or clause 50 (5) (a) or (c.1)”. 15 (1) Sub-subparagraph 1 ii D of subsection 47 (4.4) of the Act is repealed and the following substituted: D. matters relating to building construction required under a by-law referred to in section 97.1 of the Municipal Act, 2001 or section 108 or 108.1 of the City of Toronto Act, 2006 as the case may be, (2) Subsection 47 (4.11) of the Act is amended by adding the following paragraph: 1.1 Exterior design, except to the extent that it is a matter relating to exterior access to a building that will contain affordable housing units or to any part of such a building or is a matter referred to in sub-subparagraph 1 ii D of subsection (4.4). 16 (1) Section 50 of the Act is amended by striking out “under a project approved by the Minister of Natural Resources under section 24 of the Conservation Authorities Act and in respect of which” wherever it appears and substituting in each case “and”. (2) Clause (a) of the definition of “consent” in subsection 50 (1) of the Act is repealed and the following substituted: (a) where land is situate in a lower-tier municipality that, for municipal purposes, forms part of an upper -tier municipality with planning responsibilities, a consent given by the council of the upper-tier municipality, (a.1) where land is situate in a lower-tier municipality that, for municipal purposes, forms part of an upper -tier municipality without planning responsibilities, a consent given by the council of the lower-tier municipality, (3) Subsection 50 (1.1) of the Act is amended by striking out “accompanied by a written explanation for it” in the portion before paragraph 1. (4) Subsection 50 (3) of the Act is amended by adding the following clause: (d.1) the land, (i) is located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006, and for which plans or drawings have been approved under subsection 41 (4) of this Act or subsection 114 (5) of the City of Toronto Act, 2006, as the case may be, and Page 280 of 450 36 (ii) is being leased for the purpose of a land lease community home , as defined in subsection 46 (1) of this Act, for a period of not less than 21 years and not more than 49 years ; (5) Subsection 50 (5) of the Act is amended by adding the following clause: (c.1) the land, (i) is located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006, and for which plans or drawings have been approved under subsection 41 (4) of this Act or subsection 114 (5) of the City of Toronto Act, 2006, as the case may be, and (ii) is being leased for the purpose of a land lease community home , as defined in subsection 46 (1) of this Act, for a period of not less than 21 years and not more than 49 years ; (6) Section 50 of the Act is amended by adding the following subsection: Exception re Greenbelt Area, subss. (3) (d.1) and (5) (c.1) (6.1) Clauses (3) (d.1) and (5) (c.1) do not apply in respect of land if any part of the land is in the Greenbelt Area within the meaning of the Greenbelt Act, 2005. 17 (1) Section 51 of the Act is amended by striking out “A person listed in subsection (48.3)” wherever it appears and substituting in each case “A specified person”. (2) Subsections 51 (5) and (5.1) of the Act are repealed and the following substituted: Upper-tier municipality with planning responsibilities (5) Subject to subsection (6), if land is in an upper-tier municipality with planning responsibilities, the upper-tier municipality is the approval authority for the purposes of this section and section 51.1. Upper-tier municipality without planning responsibilities (5.1) If land is in a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities, the lower-tier municipality is the approval authority for the purposes of this section and section 51.1. (3) Subsection 51 (11) of the Act is amended by, (a) striking out “accompanied by a written explanation for it”; and (b) striking out “subsection (3.1), (4), (5), (6) or (7)” and substituting “subsection (3.1), (4), (5), (5.1), (6) or (7)”. (4) Subsections 51 (20) to (21.1) and (48.3) of the Act are repealed. 18 (1) Subsection 51.1 (0.1) of the Act is amended by repealing the definition of “dwelling unit”. (2) Subsection 51.1 (1) of the Act is amended by adding “Subject to subsection (1.1),” at the beginning. (3) Section 51.1 of the Act is amended by adding the following subsection: Same, affordable residential units (1.1) With respect to land proposed for a plan of subdivision that will include affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3 (2) of that Act, the amount of land that may be required to be conveyed under subsection (1) shall not exceed 5 per cent of the land multiplied by the ratio of A to B where, “A” is the number of residential units that are part of the development or redevelopment but are not affordable residential units, attainable residential units or residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the number of residential units that are part of the development or redevelopment. (4) Section 51.1 of the Act is amended by adding the following subsection: Exception, non-profit housing development (1.2) A condition under subsection (1) may not be imposed in relation to a subdivision proposed for non-profit housing development defined in subsection 4.2 (1) of the Development Charges Act, 1997. (5) Subsections 51.1 (2) to (2.3) of the Act are repealed and the following substituted: Other criteria (2) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and if the municipality in which the land is located has a by -law in effect under section 42 that provides for the alternative requirement authorized by subsection 42 (3), the municipality, in the case of a subdivision proposed for residential purposes, may, in lieu of such conveyance, require that land included in the plan be conveyed to the municipality for park or other pub lic Page 281 of 450 37 recreational purposes at a rate of one hectare for each 600 net residential units proposed or at such lesser rate as may be determined by the municipality. (6) Section 51.1 of the Act is amended by adding the following subsection: Same, net residential units (3.0.1) For the purposes of subsection (2) and (3.1), the net residential units proposed shall be determined by subtracting the number of residential units on the land immediately before the draft plan of subdivision is approved from the number of residential units that are proposed to be on the land proposed to be subdivided. (7) Section 51.1 of the Act is amended by adding the following subsection: Same, affordable residential units (3.0.2) Affordable residential units and attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, and residential units described in subsection 4.3 (2) of that Act, shall be excluded from the number of net residential units otherwise determined in accordance with subsection (3.0.1). (8) Subsection 51.1 (3.1) of the Act is amended by striking out “for each 500 dwelling units” and substituting “for each 1,000 net residential units”. (9) Section 51.1 of the Act is amended by adding the following subsection: Transition (3.2.1) Subsections (2) and (3.1), as they read immediately before the day subsection 18 (9) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, continue to apply to a draft plan of subdivision approved on or before that date, if, (a) the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality; and (b) subsection (2), as it read immediately before the day subsection 18 (9) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies. (10) Subsection 51.1 (3.3) of the Act is repealed. (11) Section 51.1 of the Act is amended by adding the following subsection: Transition (3.5) Subsection (3.4) does not apply to a draft plan of subdivision approved before the day subsection 18 (11) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless the land included in the plan of subdivision is designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020. 19 (1) Subsection 53 (12.1) of the Act is repealed and the following substituted: Same (12.1) For greater certainty, the powers of a council or the Minister under subsection (12) apply to both the part of the parcel of land that is the subject of the application for consent and the remaining part of the parcel of land. However, the council or the Minister may impose as a condition to the granting of a provisional consent that land be conveyed to the local municipality or dedicated for park or other public recreational purposes only in respect of the part of a parcel of land that is the subject of the application for consent unless the application for consent includes a request in accordance with subsection (42.1). (2) Subsection 53 (19) of the Act is amended by striking out “Any person or public body” at the beginning and substituting “The applicant, the Minister, a specified person or any public body”. (3) Section 53 of the Act is amended by adding the following subsections: Transition (19.1) For greater certainty, subsection (19), as it reads on the day subsection 19 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies to an appeal on and after that day even if the giving of notice under subse ction (17) of this section is completed before that day. Same, retroactive effect (19.2) An appeal under subsection (19) made before the day subsection 19 (2)of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force by a person or public body not referred to in subsection (19) of this section as it reads on the day subsection 19 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force shall be deemed to have been dismissed on the day subsection 19 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless, (a) a hearing on the merits of the appeal had been scheduled before October 25, 2022; or (b) a notice of appeal was filed by a person or public body referred to in subsection (19) of this section in respect of the same decision to which the appeal relates. Page 282 of 450 38 Same, hearing on the merits (19.3) For the purposes of clause (19.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing. Same (19.4) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing. (4) Subsection 53 (27) of the Act is amended by striking out “Any person or public body” at the beginning and substituting “The applicant, the Minister, a specified person or any public body”. (5) Section 53 of the Act is amended by adding the following subsections: Transition (27.0.1) For greater certainty, subsection (27), as it reads on the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies to an appeal on and after that day even if the giving of notice under subsection (24) of this section is completed before that day. Same, retroactive effect (27.0.2) An appeal under subsection (27) made before the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force by a person or public body not referred to in subsection (27) of this section as it reads on the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force shall be deemed to have been dismissed on the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless, (a) a hearing on the merits of the appeal had been scheduled before October 25, 2022; or (b) a notice of appeal was filed by a person or public body referred to in subsection (27) of this section in respect of the changed condition to which the appeal relates. Same, hearing on the merits (27.0.3) For the purposes of clause (27.0.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing. Same (27.0.4) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing. 20 Subsection 54 (2) of the Act is repealed and the following substituted: Delegation by lower-tier municipality (2) The council of a lower-tier municipality may, by by-law, delegate the authority for giving consents, or any part of such authority, to a committee of council, to an appointed officer identified in the by-law by name or position occupied or to a committee of adjustment if, (a) the lower-tier municipality, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities; or (b) the council of the lower-tier municipality has been delegated the authority under subsection (1). 21 Paragraph 17 of subsection 70.1 (1) of the Act is repealed and the following substituted: 17. prescribing local municipalities for the purposes of subsection 17 (13) and municipalities for the purposes of section 69.2; 22 The Act is amended by adding the following section: Regulations re transitional matters, 2022 amendments 70.12 (1) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before, on or after the effective date. Same (2) Without limiting the generality of subsection (1), a regulation made under that subsection may, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it reads on and after the effective date; Page 283 of 450 39 (b) for the purpose of subsection (1), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation. Conflict (3) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. Definition (4) In this section, “effective date” means the day section 22 of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force. 23 The Act is amended by adding the following section: Transition, upper-tier municipalities without planning responsibilities 70.13 (1) In this section, “effective date” means, (a) in respect of an upper-tier municipality referred to in paragraphs 1 to 7 of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1), the day on which subsection 1 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, and (b) in respect of an upper-tier municipality prescribed under subsection 1 (6) of this Act as an upper-tier municipality without planning responsibilities, the day on which the regulation prescribing the upper -tier municipality as such comes into force. Upper-tier official plans (2) The portions of an official plan of an upper-tier municipality without planning responsibilities that are in effect immediately before the effective date and that apply in respect of any area in a lower -tier municipality are deemed to constitute an official plan of the lower-tier municipality, and this official plan remains in effect until the lower -tier municipality revokes it or amends it to provide otherwise. Official plans or amendments not yet in force (3) If an upper-tier municipality without planning responsibilities has adopted an official plan or an amendment to its official plan and that official plan or amendment is not yet in force on the effective date, the following rules apply: 1. The plan or amendment shall be dealt with under this Act as it reads on and after the effective date. 2. If any portion of the plan or amendment applies in respect of an area in a lower -tier municipality, the lower-tier municipality is deemed to have adopted that portion of the plan or amendment. 3. Despite paragraphs 1 and 2, the upper-tier municipality remains responsible for doing any of the following, if it hasn’t been done before the effective date: i. Giving notice under subsection 17 (23). ii. Compiling and forwarding the record under subsection 17 (31), if th e plan or amendment is not exempt from approval. 4. Despite paragraphs 1 and 2, the clerk of the upper-tier municipality remains responsible for compiling and forwarding the record under subsection 17 (29), if the plan or amendment is exempt from approval and a notice of appeal under subsection 17 (24) is filed before the effective date. Official plans and amendments in process (4) If an upper-tier municipality without planning responsibilities has commenced procedures to adopt an official plan or an amendment to its official plan and that official plan or amendment has not been adopted on the effective date, any lower -tier municipality to which the plan or amendment would apply may continue with the procedures necessary to adopt the official plan or amendment to the extent that it applies to the lower-tier municipality. Requests for amendments to official plan (5) If a request to amend the official plan of an upper-tier municipality without planning responsibilities has been made before the effective date and the request has not been finally disposed of by that date, every lower -tier municipality to which the amendment would apply may continue with the procedures necessary to dispose of the request for amendment to the extent that the amendment applies to the lower-tier municipality. Forwarding of papers and other documents (6) The upper-tier municipality without planning responsibilities shall forward to the applicable lower -tier municipality all papers, plans, documents and other material that relate to any official plan, amendment or request under subsection (4) or (5). Page 284 of 450 40 Conflict (7) In the event of a conflict, the portions of an official plan of an upper-tier municipality without planning responsibilities that are deemed under subsection (2) to constitute an official plan of the lower-tier municipality and an official plan or an amendment to an official plan that the lower-tier municipality is deemed to have adopted under subsection (3) prevail over an official plan of a lower-tier municipality that existed before the effective date. Plans of subdivision (8) If an application for approval of a plan of subdivision has been made to an upper -tier municipality without planning responsibilities before the effective date and has not been finally disposed of by that date, the upper-tier municipality without planning responsibilities shall forward the application to the applicable lower-tier municipality along with all papers, plans, documents and other material that relate to the proposed plan of subdivision. Consents (9) If an application for a consent has been made to an upper -tier municipality without planning responsibilities before the effective date and has not been finally disposed of by that date, the upper -tier municipality without planning responsibilities shall forward the application to the applicable lower-tier municipality along with all papers, plans, documents and other material that relate to the proposed consent. Regulations (10) The Minister may make regulations providing for transitional matters in respect of matters and proceedings that were commenced before, on or after the effective date. Same (11) Without limiting the generality of subsection (10), a regulation made under that subsection may, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it reads on and after the effective date; (b) for the purpose of subsection (10), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation. Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 24 Section 26 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 is repealed. Commencement 25 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the More Homes Built Faster Act, 2022 receives Royal Assent. (2) Subsections 1 (2), (5) and (6), sections 2 and 3, subsection 4 (2) and (3) and 5 (1) to (5), section 7, subsections 8 (4), 10 (2) and (4), 11 (5) and (6), 12 (2) and (3), (9) and (15), 16 (2) and (3), 17 (2) and (3) and 18 (2), (3) and (7) and sections 20 to 23 come into force on a day to be named by proclamation of the Lieutenant Governor. (3) Subsections 1 (4) and 16 (1) come into force on January 1, 2023. Page 285 of 450 41 SCHEDULE 10 SUPPORTING GROWTH AND HOUSING IN YORK AND DURHAM REGIONS ACT, 2022 CONTENTS PART I INTERPRETATION 1. Definitions PART II REVOCATIONS 2. Revocations PART III REQUIREMENTS TO PROVIDE SEWAGE WORKS 3. Regions to construct sewage works project 4. Report 5. Consultation 6. Notification by Minister 7. Municipalities to construct Lake Simcoe phosphorus reduction project 8. Report 9. Consultation 10. Notification by Minister 11. Agency 12. Additional requirements PART IV EXEMPTIONS 13. Exemption, York Region sewage works project 14. Exemption, Lake Simcoe phosphorus reduction project PART V PROJECT LAND CONTROL PROJECT LAND DEVELOPMENT PERMIT 15. Permit required 16. Application for permits 17. Issuance of permits 18. Revocation, amendment and suspension DEVELOPMENT IN PROCESS 19. Exception to permit requirement OBSTRUCTION REMOVAL 20. Notice of obstruction removal 21. Minister may remove obstruction 22. Person liable unknown 23. Advance notice 24. Compensation 25. Restoration 26. Loss of compensation entitlement CONSTRUCTION DANGER INSPECTION AND ELIMINATION 27. Construction danger inspection 28. Construction danger elimination 29. Informing owner afterwards 30. Loss of compensation entitlement 31. Compensation 32. Restoration 33. Reduced compensation PREVIEW INSPECTION 34. Preview inspection 35. Compensation 36. Reduced compensation 37. Advance notice STOP-WORK ORDERS 38. Stop-work order 39. Enforcement through court COMPENSATION 40. Compensation 41. Municipality or local board 42. No expropriation, etc. PART VI EXPROPRIATION PROCESS Page 286 of 450 42 43. Application 44. No hearings of necessity 45. Alternative process PART VII UTILITY COMPANY CO-OPERATION 46. Notice to utility company 47. Minister may take up, remove or change the location 48. Compensation by Minister 49. Compensation by company 50. No expropriation, etc. PART VIII ADMINISTRATION DELEGATION 51. Delegation DESIGNATIONS 52. Designating project land 53. Notice 54. No expropriation, etc. PART IX COMPLIANCE AND ENFORCEMENT 55. Inspection 56. Powers of entry 57. Order for entry, work or inspection 58. Identification 59. Restoration 60. Detention of copies, samples 61. Calling for assistance of member of police force 62. Confidentiality of information 63. Successors and assigns PART X OFFENCES 64. Obstruction, etc. 65. Offences 66. Penalties PART XI MISCELLANEOUS 67. Capital Investment Plan Act, 1993 68. Providing a document 69. Non-application of the Statutory Powers Procedure Act 70. Regulations, contracts and agreements 71. No cause of action, Crown, etc. 72. No cause of action, certain delegates 73. Delegate not a Crown agent 74. Crown not liable for delegate’s acts 75. Protection from personal liability 76. Aboriginal or treaty rights 77. No compensation or damages 78. Environmental Bill of Rights, 1993 79. Ontario Water Resources Act, s. 57 80. Conflict with other legislation 81. Regulation making powers re projects 82. Regulations, general 83. Retroactivity 84. Adoption by reference PART XII AMENDMENTS TO THIS ACT 85. Amendments to this Act PART XIII REPEAL 86. Repeal PART XIV COMMENCEMENT AND SHORT TITLE 87. Commencement 88. Short title Page 287 of 450 43 PART I INTERPRETATION Definitions 1 In this Act, “2022 York Region Water and Wastewater Master Plan” means the master plan for York Region’s water and wastewater services titled “2022 York Region Water and Wastewater Master Plan” dated August 2022; (“2022 York Region Water and Wastewater Master Plan”) “aboriginal or treaty rights” means the existing aboriginal or treaty rights recognized and affirmed in section 35 of the Constitution Act, 1982; (“droits ancestraux ou issus de traités”) “Agency” means the Ontario Clean Water Agency; (“Agence”) “building” has the same meaning as in the Building Code Act, 1992; (“bâtiment”) “business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006; (“jour ouvrable”) “construct” has the same meaning as in the Building Code Act, 1992; (“construire”) “delegate” means an entity to which a power or duty has been delegated under section 51; (“délégataire”) “environment” has the same meaning as in the Environmental Assessment Act; (“environnement”) “Durham Region” means the Regional Municipality of Durham; (“région de Durham”) “highway” has the same meaning as in the Municipal Act, 2001; (“voie publique”) “immediate danger” means a danger or hazard that, (a) poses an immediate risk of danger to the health and safety of persons constructing the York Region sewage works project, or (b) if construction is not underway but the start of construction is imminent, would pose an immediate risk of danger to the health and safety of persons constructing the York Region sewage works project; (“danger immédiat”) “Lake Simcoe phosphorus reduction project” means a sewage works for the capture, conveyance and treatment of drainage from the Holland Marsh to remove phosphorus before discharge into the West Holland River, including or excluding any associated or ancillary equipment, systems and technologies or things that may be prescribed; (“projet de réduction du phosphore dans le lac Simcoe”) “Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister; (“ministère”) “permit” means a permit issued under section 17; (“permis”) “person” includes a municipality; (“personne”) “prescribed” means prescribed by the regulations; (“prescrit”) “preview inspection” means an inspection under section 34; (“inspection préalable”) “project land” means land designated as project land under section 52; (“terre ou bien-fonds affecté à un projet”) “regulations” means the regulations made under this Act; (“règlements”) “sewage” has the same meaning as in the Ontario Water Resources Act; (“eaux d’égout”) “sewage works” has the same meaning as in the Ontario Water Resources Act; (“station d’épuration des eaux d’égout”) “stop-work order” means an order under section 38; (“arrêté de cessation des travaux”) “Upper York Sewage Solutions Undertaking” means the undertaking described in York Region’s Upper York Sewage Solutions Environmental Assessment Report dated July 2014; (“entreprise de solutions pour la gestion des eaux d’égout dans Upper York”) “utility company” means a municipality, municipal service board or other company or individual operating or using communications services, water services or sewage services, or transmitting, distributing or supplying any substance or form of energy for light, heat, cooling or power; (“entreprise de services publics”) Page 288 of 450 44 “utility infrastructure” means poles, wires, cables, including fibre-optic cables, conduits, towers, transformers, pipes, pipe lines or any other works, buildings, structures or appliances placed over, on or under land or water by a utility company; (“infrastructure de services publics”) “YDSS Central system” means the sewage works described as “YDSS Central” in the 2022 York Region Water and Wastewater Master Plan; (“portion centrale du réseau d’égout de York-Durham”) “YDSS North system” means the sewage works described as “YDSS North” in the 2022 York Region Water and Wastewater Master Plan; (“portion nord du réseau d’égout de York-Durham”) “York Durham Sewage System” means the sewage works described collectively as the “YDSS North, YDSS Central, YDSS South, and YDSS Primary system” in the 2022 York Region Water and Wastewater Master Plan; (“réseau d’égout de York- Durham”) “York Region” means the Regional Municipality of York; (“région de York”) “York Region sewage works project” means the improvement, enlargement, extension and any other modifications of the York Durham Sewage System in York and Durham Regions to convey sewage, including sewage from the towns of Aurora, East Gwillimbury and Newmarket, for treatment at the Duffin Creek Water Pollution Control Plant in Durham Region and discharge into Lake Ontario, including or excluding any associated or ancillary equipment, systems and technologies or thing that may be prescribed. (“projet de station d’épuration des eaux d’égout dans la région de York ”) PART II REVOCATIONS Revocations 2 (1) The following are revoked: 1. The order, dated October 1, 2004, with the file number ENV1283MC-2004-5305, in respect of the York-Durham Sewage System project that was issued by the Minister to the Region under section 16 of the Environmental Assessment Act, requiring the Region to comply with Part II of that Act before proceeding with the projects specified in the order. 2. The approval, dated March 11, 2010, with the file number 02 -04-03, of the terms of reference that forms part of the application for the Upper York Sewage Solutions Undertaking approved under section 6 of the Environmental Assessment Act. 3. Any other prescribed document or instrument issued under the Environmental Assessment Act that is related to the York sewage works project or the Lake Simcoe phosphorus reduction project. Application withdrawn (2) The application submitted for approval by York Region d ated July 25, 2014 under section 6.2 of the Environmental Assessment Act shall be deemed to have been withdrawn and, for greater certainty, the Minister is not required to make a decision about that application. Exception (3) For greater certainty, subsections (1) and (2) do not apply to any portion of the undertaking described in Order in Council 399/2018 made under the Environmental Assessment Act. PART III REQUIREMENTS TO PROVIDE SEWAGE WORKS Regions to construct sewage works project 3 (1) York Region and Durham Region shall, in accordance with subsections (2) and (3), work together to do everything in their respective powers to develop, construct and operate the York Region sewage works project. Specific requirements (2) The York Region sewage works project must, (a) have sufficient capacity to meet the total combined average daily wastewater flows forecasted to flow to the Duffin Creek Water Pollution Control Plant and the Water Reclamation Centre in 2051 in figures 2.1 and 2.2 of Appendix A t o the 2022 York Region Water and Wastewater Master Plan; (b) include improvements and upgrades to the YDSS North system to accommodate the flows described in clause (a); (c) include improvements and upgrades to the YDSS Central system, which , at a minimum, consist of upgrades and improvements to the Yonge Street trunk sewer between Bloomington Road and 19th Avenue to accommodate the flows described in clause (a); (d) meet all prescribed timelines for the development, construction and operation of all or part of the project; Page 289 of 450 45 (e) improve, enlarge and extend the York Durham Sewage System in an efficient and cost -effective manner; and (f) be developed, constructed and operated in accordance with the regulations , if any. Consultation required, etc. (3) York Region and Durham Region shall not submit an application for an environmental compliance approval under Part II.1 or register under Part II.2 of the Environmental Protection Act in respect of the York Region sewage works project until, (a) the report required under section 4 has been completed to the Minister’s satisfaction; (b) the consultation required under section 5 has been completed to the Minister’s satisfaction; and (c) any other prescribed requirements have been completed. Report 4 (1) Immediately following the coming into force of this subsection, York Region and Durham Region shall commence the preparation of a report, in accordance with subsection (2) and the regulations. Details in report (2) The report required under subsection (1) must contain details of, (a) the work required to meet the requirements of section 3; (b) any associated cost of the work that is required to be detailed under clause (a); (c) the approvals required to meet the requirements of section 3; (d) the impacts to the environment of the project and the mitigation of those impacts; and (e) anything else required by the Minister. Report to be completed (3) The report required under this section must be completed before the date specified by the Minister. Report to be made public (4) Promptly after completing the report required under this section, York Region and Durham Region shall, (a) provide the report to the Minister; (b) make the report publicly available on their respective websites; and (c) provide the report to each Indigenous community identified on the list provided by the Minister under subsection 5 (4) for the purposes of the consultation required under section 5. Revised report (5) The Minister may require York Region and Durham Region to make revisions to the report provided to the Minister under subsection (4) by a date specified by the Minister. Revised report to be made public (6) Subsection (4) applies to a revised report required under subsection (5). Additional reports (7) The Minister may require York Region and Durham region to submit additional reports under this section for any part of the project, by the date specified by the Minister. Requirements for additional reports (8) Subsection 3 (3) and section 6 apply, with necessary modifications, to any part of the project that is the subject of a report required under subsection (7) of this section. Same (9) Subsections (2), (3), (4) and (5) apply to a report required under subsection (7). Additional consultation (10) Section 5 applies, with necessary modifications, to any part of the project that is the subject of a report required under subsection (7) of this section. Consultation 5 (1) York Region and Durham Region shall, in accordance with this section and any regulation s, consult with every Indigenous community that is identified on a list provided by the Minister under subsection (4) and with persons who, in the opinion of York Region and Durham Region, may be interested in the York Region sewage works project. Page 290 of 450 46 Commencement of consultation (2) The consultation required by subsection (1) shall begin no later than 30 days after the list described in subsection (4) is provided by the Minister. Indigenous communities (3) As part of the consultation, York Region and Durham Region shall discuss with each Indigenous community identified on the list provided by the Minister under subsection (4), (a) the contents of the report required by section 4; (b) any aboriginal or treaty rights that may be adversely impacted by the project; (c) any potential adverse impacts of the project on aboriginal or treaty rights; and (d) measures that may avoid or mitigate potential adverse impacts on aboriginal or treaty rights, including any measures identified by the community. List of Indigenous communities (4) Before commencing consultation under this section, York Region and Durham Region shall obtain from the Minister a list of Indigenous communities that, in the opinion of the Minister, have or may have aboriginal or treaty rights that may be adversely impacted by the York Region sewage works project. Consultation to be completed (5) Any consultation required under this section shall be completed by the date specified by the Minister. Consultation report (6) Following the completion of consultation under this section, York Region and Durham Region shall provide the Minister with separate consultation reports, one respecting consultation with Indigenous communities and one with respect t o consultation with other interested persons, each of which must include, as applicable, (a) a description of the consultations carried out; (b) a list of the Indigenous communities or interested persons who participated in the consultations; (c) summaries of any comments submitted; (d) copies of all written comments submitted by Indigenous communities or other interested persons; (e) a summary of discussions that York Region and Durham Region had with Indigenous communities or other interested persons; (f) a description of what York Region and Durham Region did to respond to concerns expressed by Indigenous communities or other interested persons; and (g) any commitments made by York Region and Durham Region to Indigenous communities or other interes ted persons in respect of the York Region sewage works project. Further consultation (7) Following the receipt of the report required under subsection (6), the Minister may require York Region and Durham Region to engage in further consultation with an Indigenous community identified on the list provided by the Minister under subsection (4). Modification (8) The report required under subsection (6) shall be modified by York Region and Durham Region to reflect any further consultation required by the Minister under subsection (7) and, following the completion of the consultation, submitted to the Minister. Consultation by Minister (9) For greater certainty, nothing in this section prevents the Minister from consulting with any Indigenous communities that, in the Minister’s opinion, have or may have aboriginal or treaty rights that may be adversely impacted by the York Region sewage works project. Notification by Minister 6 The Minister shall promptly notify York Region and Durham Region and each Indigenous community identified on the list provided by the Minister under subsection 5 (4) when the following have been completed to the Minister’s satisfaction: 1. The report required under section 4. 2. The consultation required under section 5. Page 291 of 450 47 3. Any other requirements prescribed for the purpose of clause 3 (3) (c). Municipalities to construct Lake Simcoe phosphorus reduction project 7 (1) Every municipality prescribed for the purposes of this subsection shall, in accordance with subsections (3) and (4), work together to do everything in their respective powers to develop, construct and operate the Lake Simcoe phosphorus reduction project. Municipalities that may be prescribed (2) The following municipalities may be prescribed for the purposes of subsection (1): 1. York Region. 2. A lower-tier municipality within York Region. 3. A lower-tier municipality within the County of Simcoe. Specific requirements (3) The Lake Simcoe phosphorus reduction project must be developed, constructed and operated in accordance with the regulations, if any, including meeting any prescribed timelines for all or part of the project. Consultation required etc. (4) A municipality prescribed for the purposes of subsection (1) shall not submit an application for an envi ronmental compliance approval under Part II.1 or register under Part II.2 of the Environmental Protection Act in respect of the Lake Simcoe phosphorus reduction project until, (a) the report required under section 8 has been completed to the Minister’s satisfaction; (b) the consultation required under section 9 has been completed to the Minister’s satisfaction; and (c) any other prescribed requirements have been completed. Report 8 (1) Immediately following the coming into force of this subsection, every municipality prescribed for the purposes of subsection 7 (1) shall commence the preparation of a report, in accordance with subsection (2) of this section and the regulations. Details in report (2) The report required under subsection (1) must contain details of, (a) necessary work required to meet the requirements of section 7; (b) any associated cost of the work that is required to be detailed under clause (a); (c) the approvals required to meet the requirements of section 7; (d) the impacts to the environment of the project and the mitigation of those impacts; and (e) anything else required by the Minister. Report to be completed (3) The report required under this section must be completed before the date specified by the Minister. Report to be made public (4) Promptly after completing the report required under this section, each municipality prescribed for the purposes of subsection 7 (1) shall, (a) provide the report to the Minister; (b) make the report publicly available on its website; and (c) provide the report to each Indigenous community identified on the list provided by the Minister under subsection 9 (4) for the purposes of the consultation required under section 9. Revised report (5) The Minister may require a municipality prescribed for the purposes of subsection 7 (1) to make revisions to the report provided to the Minister under subsection (4) by a date specified by the Minister. Revised report to be made public (6) Subsection (4) applies to a revised report required under subsection (5). Page 292 of 450 48 Additional reports (7) The Minister may require a municipality prescribed for the purposes of subsection 7 (1) to submit additional reports under this section for any part of the project, by the date specified by the Mini ster. Requirements for additional reports (8) Subsection 7 (4) and section 10 apply, with necessary modifications, to any part of the project that is the subject of a report required under subsection (7) of this section. Same (9) Subsections (2), (3), (4) and (5) apply to a report required under subsection (7). Additional consultation (10) Section 9 applies, with necessary modifications, to any part of the project that is the subject of a report required under subsection (7) of this section. Consultation 9 (1) Every municipality prescribed for the purposes of subsection 7 (1) shall, in accordance with this section and any regulations, consult with every Indigenous community identified on the list provided by the Minister under subsection (4) of this section and with persons who, in the opinion of the municipality, may be interested in the Lake Simcoe phosphorus reduction project. Commencement of consultation (2) The consultation required by subsection (1) shall begin no later than 30 days after the list described in subsection (4) is provided by the Minister. Indigenous communities (3) As part of the consultation, the municipality shall discuss with each Indigenous community identified on the list provided by the Minister under subsection (4), (a) the contents of the report required by section 8; (b) any aboriginal or treaty rights that may be adversely impacted by the project; (c) any potential adverse impacts of the project on aboriginal or treaty rights; and (d) measures that may avoid or mitigate potential adverse impacts on aboriginal or treaty rights, including any measures identified by the community. List of Indigenous communities (4) Before commencing consultation under this section, a municipality prescribed for the purposes of subsection 7 (1) shall obtain from the Minister a list of Indigenous communities that, in the opinion of the Minister, have or may have aboriginal or treaty rights that may be adversely impacted by the phosphorus works project. Consultation to be completed (5) Any consultation required under this section shall be completed by the date specified by the Minister. Consultation report (6) Following the completion of consultation under this section, a municipality prescribed for the purposes of subsection 7 (1) shall provide the Minister with separate consultation reports, one respecting consultation with Indigenous communities and one with respect to consultation with other interested persons, each of which must include, as applicab le, (a) a description of the consultations carried out; (b) a list of the Indigenous communities or interested persons who participated in the consultations; (c) summaries of any comments submitted; (d) copies of all written comments submitted by Indigenous communities or other interested persons; (e) a summary of discussions that the municipality had with Indigenous communities or other interested persons; (f) a description of what the municipality did to respond to concerns expressed by Indigenous c ommunities or other interested persons; and (g) any commitments made by the municipality to Indigenous communities or other interested persons in respect of the Lake Simcoe phosphorus reduction project. Page 293 of 450 49 Further consultation (7) Following the receipt of the report required under subsection (6), the Minister may require the municipality to engage in further consultation with an Indigenous community identified on the list provided by the Minister under subsection (4). Modifications (8) The report required under subsection (4) shall be modified by the municipality prescribed for the purposes of subsection 7 (1) to reflect any further consultation required by the Minister under subsection (7) and, following the completion of the consultation, submitted to the Minister. Consultation by Minister (9) For greater certainty, nothing in this section prevents the Minister from consulting with any Indigenous communities that, in the Minister’s opinion, have or may have existing aboriginal or treaty rights that may be adversely impacted by the Lake Simcoe phosphorus reduction project. Notification by Minister 10 The Minister shall promptly notify a municipality prescribed for the purposes of subsection 7 (1) and each Indigenous community identified on the list provided by the Minister under subsection 9 (4) when the following have been completed to the Minister’s satisfaction: 1. The report required under section 8. 2. The consultation required under section 9. 3 Any other requirements prescribed for the purpose of clause 7 (4) (c). Agency 11 (1) The Lieutenant Governor in Council may make an order requiring the Agency to undertake some or all of the work required under section 3 or 7, and the Agency shall comply with every such order. Requirements (2) An order under subsection (1) may be subject to any requirements that the Lieutenant Governor in Council considers necessary or advisable. Requirements under regulations (3) Any work the Agency is required to undertake under this section shall be done in accordance with the regulations. Same (4) Sections 3, 4, 5 and 6 apply to work the Agency undertakes with respect to the York Region sewage works project, subject to any necessary modification. Same (5) Sections 7, 8, 9, and 10 apply to work the Agency undertakes with respect to the Lake Simcoe phosphorus reduction project, subject to any necessary modification. Agency’s powers (6) For greater certainty, if an order is issued under this section, section 12 of the Ontario Water Resources Act applies. Agency to act for municipality for approval of Tribunal (7) Where undertaking some or all of a project that a municipality is required to complete under this Part requires a municipalit y to obtain approval from the Ontario Land Tribunal, the Agency may apply on behalf of the municipality in respect of a ny part of the project that is subject to an order under subsection (1). Delegation of authority (8) Section 50 of the Capital Investment Plan Act, 1993 applies with necessary modifications to anything the Agency is required to do under this Act. Prohibition (9) If an order is issued to the Agency under this section, no person, other than the Agency, shall undertake the work required by the order. Payment of Agency costs (10) A municipality shall pay the costs incurred by the Agency in the implementation of an order in accordance with any regulations. Page 294 of 450 50 Municipalities may raise money for costs (11) For the purpose of making payments to the Agency under subsection (10), a municipality may raise money by any method or methods authorized by law or by any combination thereof as if the municipality itself were proposing to develop, construct or operate, were developing, constructing or operating or had developed, constructed or operated all or part of a project. Settlement of disputes re costs (12) In the event of any dispute arising in respect of an amount required to be paid under subsection (10) to the Agency by a municipality for the development, construction or operation of a project, the dispute shall be referred to a sole arbitrator appointed by the Lieutenant Governor in Council, and the award of the arbitrator is final and binding on the Agency and the municipality. Costs of arbitrator (13) The services of the arbitrator appointed under subsection (12) shall be paid in the amount directed by the Lieutenant Governor in Council and the whole costs of the arbitration shall be paid as directed by the arbitrator in the award. Arbitration procedure (14) Except as otherwise provided in this section, the Municipal Arbitrations Act applies to any arbitration under subsection (12). Additional requirements Powers of Minister 12 (1) The Minister may, for the purposes of this Act and the regulations, require a municipality required to complete a project under this Part to provide plans, specifications, reports or other information related to the project to the Minister by a sp ecified date. Powers of Agency (2) Where undertaking some or all of a project that a municipality is required to complete under this Part, the Agency may require the municipality to provide plans, specifications, reports or other information related to the project to the Agency by a specified date. PART IV EXEMPTIONS Exemption, York Region sewage works project 13 The following are exempt from the Environmental Assessment Act: 1. The York Region sewage works project. 2. Any enterprises or activities for or related to the project. 3. Any proposal, plan or program in respect of any enterprise or activities for or related to the project. 4. Anything prescribed to be a part of or related to the project. Exemption, Lake Simcoe phosphorus reduction project 14 The following are exempt from the Environmental Assessment Act: 1. The Lake Simcoe phosphorus reduction project. 2. Any enterprises or activities for or related to the project. 3. Any proposal, plan or program in respect of any enterprise or activities for or related to the project. 4. Anything prescribed to be a part of or related to the project. PART V PROJECT LAND CONTROL PROJECT LAND DEVELOPMENT PERMIT Permit required 15 (1) No person shall carry out the following work without a permit: 1. Building, altering or placing a building or other structure that is wholly or partial ly on, under or within 30 metres of project land. 2. Grading, dewatering or excavating conducted wholly or partially on, under or within 30 metres of project land. 3. Building, altering or constructing a highway that is wholly or partially on, under or within 30 metres of project land. Page 295 of 450 51 4. Building, altering or placing utility infrastructure that would require grading, dewatering or excavation wholly or partially on, under or within 10 metres of project land. 5. Prescribed work. 6. Work that is subject to a notice under subsection 19 (2). Exception (2) Paragraph 1 of subsection (1) does not apply to utility infrastructure that does not require grading, dewatering or excavatio n. Crown (3) This section does not apply to the Crown. Exception, emergencies (4) A municipality, municipal service board or utility company may perform work that would otherwise be prohibited under this section to address an emergency that may impact the health and safety of any person or that would disrupt the provision of a service provided by the municipality, municipal service board or utility company. Notification (5) A municipality, municipal service board or utility company that performs work described in subsection (4) shall provide the Minister with a notice in writing providing details about the nature, location and duration of the work being conducted. Application for permits 16 (1) An application for a permit or an amendment to a permit shall be in writing, prepared in accordance with the regulations, if any, and submitted to the Minister. Additional requirements (2) The Minister may require an applicant for a permit or an amendment to a permit to submit any plans, specifications, reports or other information related to the application. Issuance of permits 17 (1) After considering an application for the issuance of a permit, the Minister may, (a) issue a permit with or without conditions; or (b) refuse to issue a permit. Submissions (2) A person to whom a permit is issued under subsection (1) may make submissions in writing to the Minister about the permit within 15 days of receiving the permit. Confirmation, etc. (3) After considering any submissions provided under subsection (2), and the needs and timelines of the project to be constructed within project lands, the Minister may, in writing, (a) confirm the permit issued or the refusal to issue the permit; (b) re-issue the permit with amended conditions; or (c) revoke the permit. Amendment application (4) A person to whom a permit is issued may apply, in writing and in accordance with the regulations, if any, to the Minister to have the permit amended. Amendment decision (5) After considering a request under subsection (4), and the needs and timelines of the project to be constructed within project lands, the Minister may, (a) amend the permit; or (b) refuse to amend the permit. Terms and conditions (6) A permit is subject to any terms and conditions that may be prescribed. Page 296 of 450 52 Revocation, amendment and suspension 18 (1) The Minister may revoke a permit in whole or in part, with or without issuing a new permit, amend a permit or suspend a permit in whole or in part, if, (a) a stop-work order has been issued in respect of any work subject to the permit; or (b) the Minister is of the opinion that the revocation, amendment or suspension is necessary. Notice (2) Before revoking, amending or suspending a permit pursuant to subsection (1), the Minister shall provide notice in writing to the permit holder. Submissions (3) The permit holder to whom a notice under subsection (2) is provided may make submissions to the Minister about the notice within 15 days of receiving the notice. Confirmation, etc. (4) After considering any submissions made by the permit holder, the Minister may revoke, amend or suspend th e permit in accordance with subsection (1). DEVELOPMENT IN PROCESS Exception to permit requirement 19 (1) Subject to subsections (2) to (4), a person does not require a permit to carry out work described in subsection 15 (1) if the person has obtained all authorizations required at law to perform the work before the requirement to have a permit under section 15 applies to the person. Imposition of requirement (2) Despite subsection (1), the Minister may require, by notice, a person described in that subse ction to obtain a permit for any work described in that subsection that is not completed within six months of the issuance of the notice. Requirement in notice (3) The notice issued under subsection (2) shall be in writing and shall include the following information: 1. A description of the work to be completed. 2. The date by which the work must be completed. 3. An indication that written submissions may be made to the Minister within 15 days of receiving the notice and how to make such submissions. 4. Contact information for further information about the notice. Submissions (4) A person to whom a notice is issued under subsection (2) may make submissions in writing to the Minister within 15 days of receiving the notice. Extension (5) After considering any submissions provided under subsection (4), and the needs and timelines of the project to be constructed within project lands, the Minister may extend the six-month time period set out in the notice issued under subsection (2). OBSTRUCTION REMOVAL Notice of obstruction removal 20 (1) Subject to subsection (3), the Minister may issue a notice requiring the owner of any of the following things that are wholly or partially on, under or within 30 metres of project land to remove or alter t he thing within the time specified in the notice: 1. A building or other structure. 2. A tree, shrub, hedge or other vegetation. 3. A prescribed thing. Application (2) Subsection (1) applies regardless of whether a permit was required in respect of the thing. Page 297 of 450 53 Exception (3) A notice under subsection (1) shall not be issued in respect of, (a) utility infrastructure; or (b) a highway that belongs to the Crown or other Crown property. Requirements for notice (4) A notice issued under subsection (1) shall be in writing and include the following information: 1. A description of the thing to be altered or removed. 2. The date by which the removal or alteration must be completed. 3. An indication that the Minister may carry out the removal or alteration work if the removal or alteration is not completed within the time specified in the notice. 4. An indication that written submissions may be made to the Minister within 15 days of receiving the notice and how to make such submissions. 5. A reference to the applicable compensation provisions under this Act, including the possibility that no compensation is payable if the person to whom the notice is issued interferes with the removal or alteration of the thing. 6. Contact information for further information about the notice. Submissions (5) A person to whom a notice is issued under subsection (1) may make submissions in writing to the Minister within 15 days of receiving the notice. Minister’s decision (6) After considering any submissions provided under subsection (5), the Minister may, in writing, (a) confirm the issuance of the notice; (b) issue an amended notice; or (c) revoke the notice issued under subsection (1). Date of amended notice (7) If an amended notice is issued under subsection (6), the date by which the work must be completed shall not be earlier than the date in the notice issued under subsection (1). Minister may remove obstruction 21 (1) Where a notice is issued under section 20 (1) or amended under subsection 20 (6), the Minister may cause any work required by the notice to be done if, (a) the person required by the notice to do the work, (i) has not completed the work, or in the Minister’s opinion is not likely to complete the work, within the time specified in the notice, (ii) in the Minister’s opinion, is not conducting or has not completed the work in a competent manner, or (iii) requests the assistance of the Minister in complying with the notice; or (b) a receiver or trustee in bankruptcy is not required to do the work because of subsection 63 (5). Notice of intent to cause things to be done (2) The Minister shall give notice of an intention to cause work to be done under subsection (1), (a) to each person required by a notice issued under section 20 to remove an obstruction; and (b) if a receiver or trustee in bankruptcy is not required to do the work because of subsection 63 (5), to the receiver or truste e in bankruptcy. Permission required (3) A person who receives a notice under subsection (2) shall not do the work referred to in the notice without the permission of the Minister. Person liable unknown 22 Where the Minister is authorized by section 20 to issue a notice requiring a person to remove or alter an obstruction, and the identity of the person cannot be ascertained, the Minister may cause the obstruction to be removed or altered without notice. Page 298 of 450 54 Advance notice 23 (1) The Minister shall provide notice in advance of any work to be done pursuant to section 21 to the person to whom the notice was issued and anyone occupying the property. Contents (2) The notice shall be in writing and include the date and approximate time of the work. Additional requirement (3) Subsection (1) applies in addition to any requirements of entry that apply under section 56. Compensation 24 (1) Except as provided under subsection (2), no compensation is payable by the Minister or the Crown to any person for anything done under section 20, 21 or 22. Where compensation payable (2) The Minister shall provide such compensation as is determined in accordance with this Act, the regulations, if any, and the procedure set out in section 37 to the owner of any thing that was altered or removed under section 20, 21 or 2 2 for the following: 1. The work required to be done under the notice, if that work was not undertaken by the Minister. 2. The value of any thing that was required to be removed under the notice. 3. The value of the part of the thing that was altered or removed pursuant to the notice. 4. Any damage to the person’s property necessary to carry out the work required under the notice. Exception (3) Subsection (2) does not apply to anything restored pursuant to section 25. Restoration 25 (1) If the Minister carried out the work under section 21 or 22, the Minister shall make reasonable efforts to restore any part of the property that was not altered or removed to its condition prior to the work having been completed. Exception (2) Subsection (1) does not apply if the thing that was altered or removed was not constructed in accordance with, or was otherwise not in compliance with, all applicable laws. Loss of compensation entitlement 26 (1) The Minister may reduce the amount of compensation otherwise payable under section 24, or pay no compensation, to a person who hinders, obstructs or otherwise interferes with any work done under section 20, 2 1 or 22. Where laws not complied with (2) The Minister may reduce the amount of compensation otherwise payable under section 24, or pay no compensation, if the thing that was altered or removed was not constructed in accordance with, or was otherwise not in compliance with, all applicable laws. CONSTRUCTION DANGER INSPECTION AND ELIMINATION Construction danger inspection 27 (1) The Minister may, without notice, cause an inspection of any of the following things that are wholly or partially on, under or within 30 metres of project land if the Minister is of the opinion that the thing may pose an immediate danger: 1. A building or other structure. 2. A tree, shrub, hedge or other vegetation. 3. A prescribed thing. Exception (2) Subsection (1) does not apply in respect of, (a) utility infrastructure; or (b) a highway that belongs to the Crown or other Crown property. Additional requirement (3) Subsection (1) applies in addition to any requirements of entry that apply under section 56. Page 299 of 450 55 Construction danger elimination 28 (1) If, upon inspection, the Minister confirms that a thing described in subs ection 27 (1) poses an immediate danger, the Minister may cause work to be undertaken to remove or eliminate the immediate danger posed by the thing. Advance notice (2) The Minister shall make reasonable efforts to notify the property owner or occupant before the inspection under section 27 or removal or elimination under subsection (1) of this section takes place. Additional requirement (3) Subsection (2) applies in addition to any requirements that apply to entry to the property under section 56. Informing owner afterwards 29 As soon as practicable after an inspection has taken place under section 27 or the carrying out of work under section 28, the Minister shall make reasonable efforts to notify the owner of, (a) the inspection; (b) any work undertaken to eliminate an immediate danger; (c) the applicable compensation provisions under this Act, including the possibility that no compensation is payable if the person to whom the notice is issued interferes with the inspection or work; and (d) the procedure for determining compensation. Loss of compensation entitlement 30 Section 31 does not apply to a person who hinders, obstructs or interferes with an inspection under section 27 or any work carried out under section 28 or 32. Compensation 31 (1) Except as provided under subsection (2), no compensation is payable by the Minister to any person for anything done under section 28. Where compensation payable (2) The Minister shall provide such compensation as is determined in accordance with this Act, the regulations, if any, and the procedure set out in section 40 to the owner of a property upon which work was carried out by the Minister under section 28 for the following: 1. The value of any thing that was eliminated. 2. The value of any part of the thing that was eliminated. 3. Any other damage to the person’s property resulting from the work carried out. Exception (3) Subsection (2) does not apply to anything restored pursuant to section 32. Restoration 32 (1) The Minister shall make reasonable efforts to restore any part of a property damaged in the course of any work carried out under section 28 to its condition prior to the work having been started. Exception (2) Subsection (1) does not apply if the thing that was altered or removed was not c onstructed in accordance with, or was otherwise not in compliance with, all applicable laws. Reduced compensation 33 The Minister may reduce the amount of compensation otherwise payable under section 31, or pay no compensation, if the thing eliminated or the person’s property that was damaged was not constructed in accordance with, or was otherwise not in compliance with, all applicable laws. PREVIEW INSPECTION Preview inspection 34 (1) The Minister may carry out an inspection on property that is on or within 30 metres of project land for the purposes of carrying out due diligence in planning, developing and constructing the York Region sewage works project and the Lake Simcoe phosphorus reduction project, including, (a) making records of the property and surrounding area; and Page 300 of 450 56 (b) taking samples and conducting tests. Exception (2) Clause (1) (b) does not apply in respect of utility infrastructure. Same (3) Subsection (1) does not apply in respect of a highway that belongs to the Crown or o ther Crown property. Compensation 35 (1) Except as provided under subsection (2) no compensation is payable by the Minister to any person for anything done under section 34. Where compensation payable (2) The Minister shall provide such compensation as is determined in accordance with this Act, the regulations, if any, and the procedure set out in section 40 to the owner of the property for any damage resulting from any test conducted or sample taken under section 34 that is not restored under section 59. Reduced compensation 36 The Minister may reduce the amount of compensation otherwise payable under section 35, or pay no compensation, if the thing that was damaged in an inspection pursuant to section 34 was not constructed in accordance with, or was otherwise not in compliance with, all applicable laws. Advance notice 37 (1) The Minister shall provide notice of a preview inspection to the property owner or occupant at least 30 days in advance of the preview inspection. Additional requirement (2) Subsection (1) applies in addition to any requirements that apply to entry to the property under section 56. Contents (3) The notice shall be in writing and include the following information: 1. The intended date and approximate time of the inspection. 2. The approximate duration of the inspection. 3. The purpose of the inspection. 4. A reference to the applicable compensation provisions under this Act, including the possibility that no compensation is payable if the person to whom the notice is issued interferes with the inspection. 5. Contact information for further information. STOP-WORK ORDERS Stop-work order 38 (1) The Minister may make an order requiring a person to stop engaging in or to not engage in work described in section 15 if, (a) the Minister has reasonable grounds to believe that the person is engaging in the work, or is about to engage in the work, for which a permit is required but has not been obtained; or (b) the Minister is of the opinion that the work is being conducted pursuant to a permit but continuing the work would obstruct or delay the construction of the York Region sewage works project or the Lake Simcoe phosphorus reduction project. Information to be included in order (2) The stop-work order shall include, (a) a reference to the requirement under this Act to have a permit to undertake the work, if the order is issued under clause (1) (a); (b) a brief description of the work that is required to be stopped and its location; and (c) the consequences of failing to comply with the order, including the associated offence and potential fine. Exception (3) Subsection (1) does not apply in respect of a highway that belongs to the Crown or other Crown property. Page 301 of 450 57 Enforcement through court 39 A stop-work order may be filed in the Superior Court of Justice and enforced as if it were an order of that court. COMPENSATION Compensation 40 (1) This section sets out the procedure for determining any compensation payable under this Part. Particulars (2) A person applying to the Minister for compensation shall provide proof of the person’s interest in the property and the rationale for the claim, including details supporting the amount claimed, to the satisfaction of the Minister. Determination (3) After considering the information provided under subsection (2), the Minister shall determine whether compensation shall be paid, and if compensation is to be paid, the amount of the compensation. Notice (4) The Minister shall notify the person who applied to the Minister of the Minister’s dete rmination under subsection (3). Compensation dispute (5) A person who receives a notification under subsection (4) may, within 6 months of the receipt of the notification, apply to the Ontario Land Tribunal for determination by the Tribunal of whether com pensation shall be paid, and if compensation is to be paid, the amount of the compensation. Order by the Tribunal (6) The Tribunal may order the amount of compensation to be paid to the person, including interest on any compensation payable from when the work began at the prescribed rate, if there is a prescribed rate. Exception to interest (7) Despite subsection (6), (a) if the Minister determined under subsection (3) compensation greater than the amount determined by the Tribunal, no interest may be ordered after the date that the person received the notice described under subsection (4); and (b) if the Tribunal is of the opinion that any delay in determining the compensation is attributable in whole or in part to the person, the Tribunal may refuse to order interest for the whole or any part of the time for which the person might otherwise be entitled to interest, or may order interest at such rate less than the prescribed rate as appears just. Municipality or local board 41 No compensation is payable under this Part to a municipality or a local board within the meaning of the Municipal Act, 2001 or the City of Toronto Act, 2006. No expropriation, etc. 42 Nothing in this Part constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. PART VI EXPROPRIATION PROCESS Application 43 This Part applies to an expropriation by a municipality or the Agency for the purposes of developing, constructing or operating the York Region sewage works project and the phosphorus recovery project, but, for greater certainty, does not apply in respect of anything to which section 42, 50 or 54 applies. No hearings of necessity 44 (1) Subsections 6 (2) to (5) and sections 7 and 8 of the Expropriations Act do not apply to any expropriation of land within the meaning of that Act if, (a) all or part of the land is project land; and (b) the expropriation is related to the York Region sewage works project or the Lake Simcoe phosphorus reduction project. Approving authority (2) An approving authority to whom an application for expropriation has been made under subsection 4 (1) of the Expropriations Act in relation to the York Region sewage works project or the Lake Simcoe phosphorus reduction project shall approve or not approve the proposed expropriation as submitted, or approve the proposed expropriation with such modifications Page 302 of 450 58 as the approving authority considers proper, but an approval with modifications does not affect lands that are not part of the application. Consideration of comments (3) Before an approving authority approves a proposed expropriation under subsection (2), the autho rity shall consider any comments received under the process, if any, established under section 45. This section prevails (4) This section applies despite subsection 2 (4) of the Expropriations Act. Alternative process 45 (1) The Minister may establish a process in writing for the receipt and consideration of comments from property owners about an application for an expropriation made under subsection 4 (1) of the Expropriations Act that is related to the York Region sewage works project or the Lake Simcoe phosphorus reduction project. Publication (2) The Minister shall publish the details of the process established under subsection (1) on a website maintained by the Ministry and in any other format the Minister considers advisable. PART VII UTILITY COMPANY CO-OPERATION Notice to utility company 46 (1) The Minister may by notice require a utility company to take up, remove or change the location of utility infrastructure if, in the opinion of the Minister, the taking up, removing or changing in location is necessary for the York Region sewage works project or the Lake Simcoe phosphorus reduction project. Requirements for notice (2) The notice issued under subsection (1) shall be in writing and include the following information: 1. A description of the work to be carried out. 2. The date by which the work must be completed. 3. An indication that written submissions may be made to the Minister within 15 days of receiving the notice. 4. Contact information for further information about the notice. Submissions (3) The utility company to which the notice is issued under subsection (1) may make submissions in writing to the Minister within 15 days of receiving the notice, including submissions in respect of any technical or other difficulties with meeting the date for completion of the work in the notice. Minister’s decision (4) After considering any submissions provided under subsection (3), the Minister may, in writing, (a) confirm the notice; (b) issue an amended notice; or (c) revoke the notice. Date in amended notice (5) If an amended notice is issued under subsection (4), the date by which the work must be completed shall not be earlier than the date in the notice issued under subsection (1). Minister may take up, remove or change the location 47 (1) Where a notice is issued under section 46 (1) or amended under subsection 46 (4), the Minister may cause any work required by the notice to be done if the utility company required by the notice fails to do the work. Notice of intent to cause work to be done (2) The Minister shall provide notice, in advance of any work to be done pursuant to subsection (1), to the utility company to whom the notice was issued and anyone occupying the property. Contents (3) A notice under subsection (2) shall be in writing and include the date and approximate time of the work. Page 303 of 450 59 Compensation by Minister 48 If the utility company completes the work required by the notice issued under subsection 46 (1), the Minister shall compensate the utility company for the work, unless otherwise agreed. Compensation by company 49 (1) If the Minister completes work pursuant to subsection 47 (1), the utility company shall compensate the Minister for the value of any loss or expense incurred by the Minister resulting from the failure of the utility company to comply with the notice. Includes cost of work (2) For greater certainty, subsection (1) includes the cost of doing the work required by the notice. No expropriation, etc. 50 Nothing in this Part constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. PART VIII ADMINISTRATION DELEGATION Delegation 51 (1) The Lieutenant Governor in Council may, by order, delegate any of the powers and duties conferred or imposed on the Minister under Parts V and VII of this Act, in whole or in part, to any of the following entities, subject to any limitations , conditions and restrictions set out in the order: 1. York Region. 2. Durham Region. 3. A municipality prescribed for the purposes of subsection 7 (1). 4. The Agency. Compensation (2) If an obligation to pay compensation under this Act is delegated to an entity described in subsection (1), the delegate is responsible for the payment of all of the compensation, unless th e Minister and the delegate agree otherwise. DESIGNATIONS Designating project land 52 The Lieutenant Governor in Council may, by order, (a) designate any area of land or water as project land for the development, construction, and operation of the York Re gion sewage works project or the Lake Simcoe phosphorus reduction project; and (b) amend or revoke a designation made under clause (a) at any time. Notice 53 (1) When land has been designated as project land, or the designation of land has been amended or revoked, the Minister shall make reasonable efforts to provide notice to, (a) all owners or occupiers of land, any part of which is on or within 30 metres of project land; (b) every utility company having utility infrastructure any part of which is located on, under or within 10 metres of project land; and (c) each municipality, local board, municipal planning authority and planning board having jurisdiction in the area which is the subject of the project land. Registration (2) The Minister shall either, (a) register or cause to be amended or removed from the registry, as appropriate, a notice of designation in the proper land registry office on the title of each property any part of which is project land or any part of which is located withi n 30 metres of project land; or (b) carry out a prescribed public notice process with respect to the property described in clause (a). Page 304 of 450 60 No expropriation, etc. 54 The designation of land or water under section 52 does not constitute an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. PART IX COMPLIANCE AND ENFORCEMENT Inspection 55 (1) An enforcement officer may conduct an inspection of a place for the purpose of determining any person’s compliance with this Act or the regulations if the enforcement officer reasonably believes that, (a) the place contains documents or data relating to the person’s compliance; or (b) an activity relating to the person’s compliance is occurring or has occurred at the place. Designation of enforcement officers (2) The Minister may designate one or more of the following as enforcement officers to exercise the powers under subsection (1): 1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants. 2. Any other persons or the members of any other classes of persons. Restriction (3) When making the designation, the Minister may limit the authority of an enforcement officer in the manner that the Minister considers necessary or advisable. Powers of entry 56 (1) The powers of entry provided under this section apply to a person undertaking the fo llowing: 1. Work undertaken under section 21 or 22. 2. An inspection undertaken under section 27. 3. Work undertaken under section 28 or 47. 4. A preview inspection under section 34. 5. An inspection undertaken pursuant to section 55. Entry without warrant (2) A person who has the authority to engage in an activity referred to in subsection (1) may enter a place without a warrant if the entry is made in respect of that activity. Restriction (3) Subsection (2) authorizes a person to enter a place only if it is owned or occupied by a person who owns or occupies land any part of which is located within project land or any part of which is located within 30 metres of project land. Dwellings (4) A person shall not exercise a power conferred by this section to enter, without the occupier’s consent, a room that is actually used as a dwelling, except under the authority of an order issued under section 57. Time of day (5) Subject to subsection (6), entry to a place and any related work or inspection refe rred to in subsection (1) may be carried out at any reasonable time. Dwellings (6) Entry to a place and any related work or inspection on property that contains a dwelling shall take place, (a) at any time during daylight hours after having given the occupier at least two days notice; or (b) at any other time with the occupier’s consent. Powers (7) A person may do any one or more of the following in the course of entering a place and conducting work or an inspection related to the purpose of the entry, (a) undertake work; Page 305 of 450 61 (b) make reasonable inquiries of any person, orally or in writing; (c) take samples for analysis; (d) conduct tests or take measurements; (e) make a record of anything by any method; (f) examine, record or copy any document or data, in any form, by any method; (g) require the production of any document or data, in any form, required to be kept under this Act and any form of other document or data related to the purpose of the entry; and (h) remove from the place, for the purpose of making copies, documents or data produced under clause (g). Limitation (8) A record made under clause (7) (e) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy. Records in electronic form (9) If a record is retained in electronic form, a person exercising a power of inspection may require that a copy of it be provid ed to them on paper or electronically, or both. Limitation re removal of documents (10) A person shall not remove documents or data under clause (7) (h) without giving a receipt for them and shall promptly return them to the person who produced them. Power to exclude persons (11) A person exercising a power of inspection who exercises the power set out in clause (7) (b) may exclude any person from the questioning, except counsel for the individual being questioned. Order for entry, work or inspection 57 (1) A justice of the peace may issue an order authorizing a person to do anything referred to in subs ection 56 (1) or (7) if the justice is satisfied, on evidence under oath by the person that will be engaging in the activity, that there are reasonab le grounds to believe that, (a) it is appropriate for the person to do anything set out in subsection 56 (1) or (7) for the purpose of determining a person’s compliance with this Act or the regulations; and (b) the person may not be able to carry out his or her duties effectively without an order under this section because, (i) no occupier is present to grant access to a place that is locked or otherwise inaccessible, (ii) another person has prevented or may prevent the person from doing anything referred to in subsection 5 6 (1) or (7), (iii) it is impractical, because of the remoteness of the property to be entered or because of any other reason, for a person to obtain an order under this subsection without delay if access is denied, (iv) an attempt by a person to do anything referred to in subsection 56 (1) or (7) without the order might not achieve its purpose without the order, or (v) it is more reasonable to carry out anything referred to in subsection 56 (1) or (7) at times other than those referred to in subsection 56 (6). Same (2) Subsections 56 (7) to (11) apply to an activity engaged in pursuant to an order issued under this section. Expiry (3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made. Renewal (4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods, each of which is not more than 30 days. When to be executed (5) Unless the order provides otherwise, everything that an order under this section authorizes must be done between 6 a.m. and 9 p.m. Page 306 of 450 62 Application without notice (6) An order under this section may be issued or renewed on application without notice. Application for dwelling (7) An application for an order under this section authorizing entry to a dwelling shall specifically indicate that the applicati on relates to a dwelling. Other terms and conditions (8) An order may contain terms and conditions that the justice considers advi sable in the circumstances. Identification 58 On request, a person who exercises a power of entry under this Act shall identify themselves as a person so authorized, either by the production of a copy of the authorizing document or in some other manner, and shall explain the purpose of the exercise of the power. Restoration 59 (1) If a place is entered under section 34 or 55 for the purposes of an inspection, the person entering the place, in so far as is practicable, shall restore the property to the cond ition it was in before the entry. Exception (2) Subsection (1) does not apply if the thing requiring restoration was not constructed in accordance with, or was otherwise not in compliance with, all applicable laws. Detention of copies, samples 60 A person who exercises a power under section 56 or 57 may detain copies or samples obtained under those sections for any period and for any purpose relating to enforcing this Act and the regulations. Calling for assistance of member of police force 61 A person who enters a place to exercise a power of inspection and who is authorized by an order under section 57 to do anything set out in subsection 56 (1) or (7) or section 60 may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required, and it is the duty of every member of a police force to render the assistance. Confidentiality of information 62 (1) In this section, “law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being impos ed; (“procédure d’exécution de la loi”) “peace officer” means a person or a member of a class of persons set out in the definition of “peace officer” in section 2 of the Criminal Code (Canada). (“agent de la paix”) Secrecy and permissible disclosure (2) A person entering a place pursuant to section 56 or 57 shall preserve secrecy with respect to any information obtained in respect of all matters that come to their knowledge in the course of any survey, examination, test or inquiry under this Act or the regulations and shall not communicate any such matters to any person except, (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act and the regulations; (b) to the Minister, the Ministry or an employee or agent of the Ministry; (c) to a delegate or an employee or agent of the delegate; (d) to a peace officer, as required under a warrant, to aid an inspection, investigation or similar proceeding undertaken with a view to a law enforcement proceeding or from which a law enforcemen t proceeding is likely to result; (e) with the consent of the person to whom the information relates; (f) to the counsel of the person to whom the information relates; (g) to the extent that the information is required or permitted to be made available to the public under this Act or any other Act; or (h) under further circumstances that are prescribed. Page 307 of 450 63 Testimony in civil suit (3) Except in a proceeding under this Act or the regulations, no person entering a place pursuant to section 5 6 or 57 shall be required to give testimony with regard to information obtained by them in the course of any survey, examination, test or inqu iry under this Act or the regulations. Successors and assigns 63 (1) A notice under section 20 or 46 and an order under section 38 is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed. Limitation (2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets. Receivers and trustees (3) A notice under section 20 or 46 and an order under section 38 that relates to property is binding on a receiver or trustee that holds or administers the property. Limitation (4) If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligatio n to incur costs to comply with the order is limited to the value o f the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets. Exception (5) Subsection (3) does not apply to an order that relates to property held or administered by a receiver or trustee in bankruptcy if, (a) within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies the Minister that they have abandoned, disp osed of or otherwise released their interest in the property; or (b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the person who made the order, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property. Extension of period (6) The Minister may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as the Minister considers appropriate. Notice under subs. (5) (7) Notice under clause (5) (a) or (b) must be given in the prescribed manner. PART X OFFENCES Obstruction, etc. 64 (1) No person shall hinder or obstruct any one or more of the following persons or entities in the performance of their duties under this Act or the regulations, (a) the Minister, the Ministry, the Agency or an employee or agent of the Ministry or the Agency; or (b) a delegate or an officer, employee or agent of a del egate. False information (2) No person shall give or submit false or misleading information, orally, in writing or electronically, in any statement, document or data in respect of any matter related to this Act or the regulations to, (a) the Minister, the Ministry, the Agency or an employee or agent of the Ministry or the Agency; or (b) a delegate or an officer, employee or agent of a delegate. Same (3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act. Page 308 of 450 64 Refusal to provide information (4) No person shall refuse to provide information required for the purpose of this Act or the regulations to, (a) the Minister, the Ministry, the Agency or an employee or agent of the Ministry or the Agency; or (b) a delegate or an officer, employee or agent of a delegate. Offences 65 (1) Every person who contravenes or fails to comply with section 6 4 is guilty of an offence. Offence re orders (2) Every person who contravenes or fails to comply with a stop-work order is guilty of an offence. Limitation (3) No proceeding under this section shall be commenced more than two years after the day on which evidence of the offence first came to the attention of a provincial offences officer within the meaning of the Provincial Offences Act. Penalties 66 A person who is guilty of an offence under section 65 is liable on conviction, (a) in the case of an individual, (i) for a first offence, to a fine of not more than $50,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences, or (ii) for a second or subsequent conviction for that offence, to a fine of not more than $100,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences; or (b) in the case of a corporation, (i) for a first offence, to a fine of not more than $500,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences, or (ii) for a second or subsequent conviction for that offence, to a fine of not more than $1,000,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences. PART XI MISCELLANEOUS Capital Investment Plan Act, 1993 67 Section 51 of the Capital Investment Plan Act, 1993 does not apply to work undertaken under this Act by or on behalf of the Minister. Providing a document 68 (1) Any notice, order or other document that is required to be provided to a person under this Act is sufficiently provided if it is, (a) delivered directly to the person; (b) left at the person’s last known address, in a place that appears to be for incoming mail or with an individual who appears to be 16 years old or older; (c) sent by regular mail to the person’s last known address; (d) sent by commercial courier to the person’s last known address; (e) sent by email to the person’s last known email address; or (f) given by other means specified by the regulations. Deemed receipt (2) Subject to subsection (3), (a) a document left under clause (1) (b) is deemed to have been received on the first business day after the day it was left; (b) a document sent under clause (1) (c) is deemed to have been received on the fifth business day after the day it was mailed; (c) a document sent under clause (1) (d) is deemed to have been received on the second business day after the day the commercial courier received it; Page 309 of 450 65 (d) a document sent under clause (1) (e) is deemed to have been received on the first business day after the day it was sent; and (e) a document given under clause (1) (f) is deemed to have been received on the day specified by the regulations. Failure to receive document (3) Subsection (2) does not apply if the person establishes that he or she, acting in good faith, did not receive the document or received it on a later date because of a reason beyond the person’s control, including absence, accident, disability or illne ss. Non-application of the Statutory Powers Procedure Act 69 The Statutory Powers Procedure Act does not apply to, (a) any decision made, (i) in respect of permits, notices or stop-work orders under Part V, (ii) under a process for receiving and considering comments about a proposed expropriation under section 45, (iii) in respect of a notice under Part VII, or (iv) in respect of compensation under this Act; or (b) establishing a process for receiving and considering comments about a proposed expropriation under section 45. Regulations, contracts and agreements 70 (1) The Lieutenant Governor in Council may, in order to facilitate the development, construction and operation of a sewage works under this Act, make regulations that prescribe any contract or agreement that re lates to the York Region sewage works project or the Lake Simcoe phosphorus reduction project. What regulation may contain (2) A regulation made under subsection (1) may, (a) terminate the prescribed contract on a date provided for in the regulation; (b) suspend all or part of the prescribed contract on the dates provid ed for in the regulation; and (c) amend all or part of the prescribed contract as specified in the regulation. Deemed termination, suspension, amendment (3) A contract or agreement or part of a contract or agreement prescribed under subsection (1) is deemed to have been terminated on a date or dates provided for in the regulations, or, if the regulations so provide, is deemed to have been amended or suspended, as the case may be, as provided for in the regulations. No compensation (4) Unless provided for in the regulations, no compensation shall be paid to any person in connection with a termination, amendment or suspension under this section. No cause of action, Crown, etc. 71 (1) No cause of action arises against the Crown, the Agency, any current or former member of the Executive Council or any current or former employee, officer or agent of or advisor to the Crown or the Agency as a direct or indirect result of, (a) the enactment, amendment or repeal of this Act; (b) anything done under Part III; (c) the making, amendment or revocation of a regulation under this Act; (d) the issuance, amendment or revocation of a permit or notice under Part V; (e) the issuance, amendment or revocation of a stop-work order under section 38; (f) the making, amendment or revocation of an order designating project land under section 52; (g) the enactment or repeal of the York Region Wastewater Act, 2021; (h) anything done or not done under the authority of or in reliance on the York Region Wastewater Act, 2021, whether before or after section 4 of that Act came into force; or (i) any representation or other conduct that is related, directly or indirectly, to the application for th e Upper York Sewage Solutions Undertaking, whether made or occurring before or after section 4 of the York Region Wastewater Act, 2021 came into force. Page 310 of 450 66 Proceedings barred (2) No proceeding, including but not limited to any proceeding for a remedy in contr act, restitution, unjust enrichment, tort, misfeasance, bad faith, trust or fiduciary obligation and any remedy under any statute, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained aga inst any person referred to in that subsection. Application (3) Subsection (2) applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages or any other remedy or relief, and includes any arbitral, administrative or court proceedings, but does not apply to an application for judicial review. Retrospective effect (4) Subsections (2) and (3) apply regardless of whether the claim on which the proce eding is purportedly based arose before, on or after the day this subsection came into force. Proceedings set aside (5) Any proceeding referred to in subsection (2) or (3) commenced before the day this subsection came into force shall be deemed to have been dismissed, without costs, on the day this subsection came into force. No cause of action, certain delegates 72 (1) No cause of action arises against an entity to whom the Lieutenant Governor in Council delegates a duty or power, in whole or in part, pursuant to paragraphs 1, 2, and 3 of subsection 51 (1), or any current or former employee, director, officer, member of council or agent as a direct or indirect result of anything referred to in clause 71 (1) (d) or (e). Proceedings barred (2) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust or fiduciary obligation and any remedy under any statute, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection. Application (3) Subsection (2) applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages or any other remedy or relief, and includes any arbitral, administrative or court proceedings, but does not apply to an application for judicial review. Delegate not a Crown agent 73 A delegate described in paragraph 1, 2 or 3 of subsection 51 (1) is not a Crown agent for any purpose. Crown not liable for delegate’s acts 74 No action or other proceeding shall be instituted against the Crown or any current or former Member of the Executive Council or employee, officer, agent or advisor of the Crown for any act of a delegate or an employee, director, officer, member of council, agent or advisor of a delegate in the execution or intended execution of a power or duty delegated under this Act or for an alleged neglect or default in the execution or intended execution of a power or duty delegated under this Act. Protection from personal liability 75 (1) No action or other proceeding may be instituted against the following persons for any act done in good faith in the execution or intended execution of any duty or power under this Act or for any alleged neglect or default in the execution in good faith of such a duty or power: 1. Any current or former Member of the Executive Council or employee, offic er, agent of or advisor to the Crown. 2. Any current or former employee, director, officer, member of council, agent or advisor of a delegate. Crown not relieved of liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in paragraph 1 of subsection (1) to which it would otherwis e be subject. Delegates (3) Subsection (1) does not relieve a delegate of any liability to which it would otherwise be subject to in respect of an act or omission of a person mentioned in paragraph 2 of subsection (1). Aboriginal or treaty rights 76 Section 71 does not apply to a cause of action that arises from any aboriginal or treaty right. Page 311 of 450 67 No compensation or damages 77 Except as otherwise provided under sections 24, 31, 35 and 48, no person is entitled to any compensation or damages for any loss related, directly or indirectly, to the enactment of this Act or for anything done or any actions taken under this Act. Environmental Bill of Rights, 1993 78 Part II of the Environmental Bill of Rights, 1993 does not apply to the issuance, amendment or revocation of an instrument related to or necessary for the construction of the York Region sewage works project and the Lake Simcoe phosphorus reduction project, despite it having been classified under a regulation made under that Act. Ontario Water Resources Act, s. 57 79 Section 57 of the Ontario Water Resources Act does not apply in respect of the York Region sewage works project and the Lake Simcoe phosphorus reduction project. Conflict with other legislation 80 In the event of a conflict between any provision of this Act or the regulations and any other Act or regulation in respect of the development, construction or operation of the projects required by Part III of this Act, the provision of this Act or the regulations shall prevail, despite anything in the other Act or regulation. Regulation making powers re projects 81 (1) The Lieutenant Governor in Council may make regulations governing the development, construction and operation of, (a) the York Region sewage works project; and (b) the Lake Simcoe phosphorus reduction project. Matters that may be included (2) Without limiting the generality of subsection (1), a regulation made under that subsection may include, (a) requirements that a municipality and the Agency meet prescribed dates for completing all or part of the development, construction and operation of a project; (b) requirements that a municipality and the Agency report to the Ministry on anything related to a project; (c) requirements that a municipality and the Agency do anything the municipality has the power to do under this or any other Act for the purposes of developing, constructing and operating a project; (d) requirements that the project incorporate any prescribed thing or meet any prescribed criteria; (e) requirements that all or part of the project be within a specified area; (f) prohibitions preventing a municipality and the Agency from doing anything in respect of the project; (g) designations of which parts of the development, construction and operation of a project each municipality is responsible for; (h) designations of the share of the costs of developing, constructing and operating a project each municipality is responsible for; (i) requirements respecting the payment of costs to the Agency or to any other person or body specified by the regulations, including prescribing the amounts or the method of calculating the amounts to be paid, and governing the procedure for the payment; (j) the prescribing of any matter that the Lieutenant Governor in Council considers nec essary or advisable to ensure that the Agency can effectively carry out its powers and duties under section 11; (k) the governance of the winding up of the Agency’s role in a project and the transfer of any assets, liabilities, rights and obligations to a municipality. Regulations, general 82 The Lieutenant Governor in Council may make regulations, (a) respecting anything that under this Act may or must be prescribed, done or provided for by regulation or in accordance with the regulations and for which a specific power is not otherwise provided; (b) defining or clarifying the meaning of any words or expressions used in this Act that are not defined in this Act; (c) clarifying or modifying the definition of any defined term whose definition is expressed as being subject to the regulations; (d) exempting any person or entity from a provision of this Act or the regulations and setting conditions for the exemption; (e) respecting and clarifying the application of this Act with respect to a delegate; Page 312 of 450 68 (f) respecting the process of applying for and issuing permits, notices and orders; (g) respecting the inclusion of terms and conditions in permits and notices; (h) respecting the process for and payment of compensation under this Act, including, (i) rules to be applied in determining the amount of compensation payable, (ii) criteria that must be met or circumstances that must apply in order for compensation to be paid, and (iii) the circumstances in which the Minister is required to make adjustments to the amount of compensation that would otherwise be required to be paid, which may include requiring the Minister to decrease the amount or prohibiting the Minister from paying any amount; (i) prescribing documents or data required to be created, stored and submitted by any person and the methods of creating, storing and submitting the documents and data; (j) prescribing the location at which documents or data must be created or stored; (k) providing for the inspection and examination of documents and data; (l) providing for the preparation and signing of documents by electronic means, the filing of documents by direct electronic transmission and the printing of documents filed by direct electronic transmission; (m) providing for forms and their use; (n) providing for the method of providing any document required to be provided given or served under this Act; (o) respecting transitional matters arising from the enactment of this Act; (p) providing for any other matters to carry out this Act. Retroactivity 83 A regulation made under this Act is, if it so provides, effective with reference to a period before it is filed. Adoption by reference 84 (1) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Go vernor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted. Rolling incorporation by reference (2) The power to adopt by reference and require co mpliance with a document includes the power to adopt a document as it may be amended from time to time. When adopted (3) The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993. PART XII AMENDMENTS TO THIS ACT Amendments to this Act 85 (1) Subsection 44 (1) of this Act is amended by striking out “7 and 8” in the portion before clause (a) and substituting “7, 8 and 8.1”. (2) Section 61 of this Act is repealed and the following substituted: Calling for assistance of member of police service 61 A person who enters a place to exercise a power of inspection and who is authorized by an order under 57 to do anything set out in subsection 56 (1) or (7) or section 60 may take such steps and employ such assistance as is necessary to accomplis h what is required, and may, when obstructed in so doing, call for the assistance of any me mber of the police service in the area where the assistance is required, and it is the duty of every member of a police service to render such assistance. PART XIII REPEAL Repeal 86 The York Region Wastewater Act, 2021 is repealed. Page 313 of 450 69 PART XIV COMMENCEMENT AND SHORT TITLE Commencement 87 (1) Except as otherwise provided in this section, the Act set out in this Schedule comes into force on the day the More Homes Built Faster Act, 2022 receives Royal Assent. (2) Sections 7 to 10, subsection 11 (5) and section 14 come into force on a day to be named by proclamation of the Lieutenant Governor. (3) Subsection 85 (1) comes into force on the later of the day subsection 44 (1) of this Act comes into force and the day section 2 of Schedule 5 to the Accelerating Access to Justice Act, 2021 comes into force. (4) Subsection 85 (2) comes into force on the later of the day section 61 of this Act comes into force and the day section 42 of Schedule 4 to the Comprehensive Ontario Police Services Act, 2019 comes into force. Short title 88 The short title of the Act set out in this Schedule is the Supporting Growth and Housing in York and Durham Regions Act, 2022. Page 314 of 450 2 The Official Opposition Party of The City of Niagara Falls Council Official Opposition Shadow Councilor Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 315 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-11 Sunday, January 15, 2023 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Report Council, As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor of staffs recommendation as is for items 12.1 and 12.3. I would pull 12.2 to address the concern that it appears the City of Niagara Falls is allowing former Councilor Kerrio to use city services, namely the email "vkerrio@niagarafalls.ca". Also as stated in a prior report I would not allow 12.4 to be accepted. Page 316 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 317 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-9 Sunday, January 15, 2023 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Report Council, As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor of staffs recommendation as is for items 10.1 through 10.4 Page 318 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 319 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-10 Sunday, January 15, 2023 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Report Council, As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor of staffs recommendation as is for items 11.1 through 11.12. Of special note, as a qualified Ontario Building Code Designer, 11.9 is of particular interest to myself and I will explore this opportunity to assist the City of Niagara Falls. "Effective July 1, 2022, municipal building departments can establish program entry criteria for interns that meet their own local recruitment and enforcement needs." Page 320 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 321 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 24-01-2023-1 Sunday, January 15, 2023 Niagara South Hospital funding Report ( Consolidated ) During the Dec 13 2022 council meeting it was reported by Niagara Health that the land purchased by the City of Niagara Falls and subsequently donated cannot be considered as a portion of the local commitment. This is most disconcerting. The former Council of Niagara Falls and Niagara Health appear to have made an $11 million mistake and now they are proposing to subjugate the citizens of Niagara Falls to an unfair financial burden compared to other municipalities, both current and past performances. During the negotiations to purchase the NSH future site lands the parties involved should have been well aware of the requirements set down by the province concerning local contribution procedures. It appears that it was not proper of the City of Niagara Falls to purchase the land itself and should have instead donated the money to Niagara Health to purchase the land. This procedural error has resulted in the $11 million Niagara Falls taxpayers contributed towards the NSH via the land purchase being disqualified as a portion of the local share commitment. This appears, at face value, to be on track to be the most expensive financial mistake in the history of Niagara Falls. Niagara Health presented their case as though the residents of Niagara Falls have not provided their share of per capita levy money towards this project, this is not so. Just because Niagara Health and the former Council of Niagara Falls failed to follow proper local share contribution procedures does not mean that the RESIDENTS of Niagara Falls have not done so. Page 322 of 450 Niagara Health's entire case was based upon the financial per capita (RESIDENTS) commitment share to be $340, the only comparison of the source of such finance is ultimately via the levy (tax) contributed from residents and indeed the tax payers of Niagara Falls have already provided the required per capita requested of Niagara Health. Via their own presentation Niagara Health has demonstrated that the residents of Niagara Falls have indeed contributed that amount already. You must understand, Niagara Health is stating that the City of Niagara Falls (the host city) has not contributed the local share commitment compared to St. Catharines and this may very well be true from an administrative procedural perspective, but the reality is that the per capital commitment requested and expected has been achieved by the RESIDENTS of Niagara Falls. The $11 million for the donated site land purchase has been collected, financed and committed by the residents of this city via their levy contribution towards the local share commitment, whether Niagara Health is entitle to claim it as such is irreverent, that's their mistake. Niagara Health is in essence requesting Council to further burden the cost of this mistake upon the tax payers of Niagara Falls. This is not fair. The residents have held up their part of the bargain and we have donated our proportionate share. Now if Niagara health comes forward and admits faults were made during the site land purchase procedure and implies that the former Council of Niagara Falls is liable in some way then that would be a different ask, but that is not what they asked for this time around.. Should this Council of Niagara Falls now approve the additional $10 million, it would suggest that the individual tax payer is being called upon to burden the financial cost of an administrative procedural mistake made by Niagara Health and perhaps the former Council of Niagara Falls. Niagara Health clearly made it known that they could acquire the funding elsewhere, perhaps not as convenient as manipulating the City of Niagara Falls into granting it, but if this Council does such they will be imposing a per capita commitment share far greater than that proposed by Niagara Health. If this Council imposes a special levy or takes out a loan to finance this request you will in essence be charging a levy to the tax payers of Niagara Falls to make up for a mistake that was not their fault, and it will not be to the amount of $10 million, it will be much more than that when interest is factored in over years. Page 323 of 450 Niagara Falls carries debt, currently the highest financed interest rate is 6.8% if I recall, this means that every dollar spent by the City of Niagara Falls is subjected to an effective 6.8% APR increase, because any unallocated moneys could have been used to pay down or defer increased debt but where not. Furthermore the combined total contribution from the levy of Niagara Falls residents will now be equal, and may even exceed, the total contribution of the Niagara Region. This does not appear to be the proper chain of financial burden concerning projects of this magnitude. ________________________________ When I observe the matters before Council I try to do so from the perspective that I got elected and I am sitting on the current Council. Now you have Niagara Health, an Angel organization as I like to refer to because their purpose is just, requesting a massive financial burden of the tax payers of Niagara Falls. Do I make a choice based upon there Angel status or do I decide that the tax payers of Niagara Falls have completed their contractual obligation. This would be my response. I'm sorry Niagara Health but I was elected by the tax payers of Niagara Falls and no matter how angelic your cause may be, Niagara Falls residents have done their part, a contract is a contract. Niagara Falls has residents that are on the verge of a financial quality of life tightrope and I for one will not subject them to a greater burden to compensate you from a mistake that you were a participant in. You demonstrated that you have the ability to finance this request yourselves, the balance of probabilities suggest that the residence of Niagara Falls, as well as the residence of the Niagara Region as a whole would benefit more so if the City of Niagara Falls did not finance this request. I would therefore vote against your request, respectfully. As to your gracious donation of the lands of the former hospital and the suggestion that it could be converted to Affordable Housing. The City of Niagara Falls has gone down this road before and I would trust that they have learned a valuable lesson. The 4500 Park St. location required the demolition of the on-site buildings and remediation to the cost of $2 million dollars and has laid unrealized for many years. Page 324 of 450 It is most likely that the on-site buildings of the former hospital are not appropriate to an affordable housing project or any other form of non hospital use for that matter and will most likely have to be demolished as well. The appraised value of $6 million dollars does not appear to take into account the liabilities of future site development. Current plans are to develop an affordable housing project on the 4500 Park St. site as well, so the suggestion that these lands can be used for the same purpose would certainly be queued, may not come to fruition within the term of this Council, and therefore cannot be guaranteed to be realized at all. It would appear that The City of Niagara Falls is not currently in a financial position to develop the 4500 Park St. without the assistance of private developers less alone take on another grand burdensome project at this time, it would perhaps be of greater benefit to all parties involved if the lands be sold to a private developer, the funds from the sale can be used to finance the NSH as the generation of financial income appears to be of the greatest importance at the moment and the new levy subjected to the now privately owned lands would in fact contribute to the repayment of the contributions of the residents of Niagara Falls. Newly elected council members may do well to request former in-camera documents concerning these matters so as to have a full understanding of the facts before they vote on the matter. A freedom of information request under the provisions of the public interest override made of the City of Niagara Falls and Niagara Health will eventually be requested for various non in-camera information and brought forward in a later report. One does not simply get to make an $11 million dollar tax levy mistake and get to walk away without being held accountable. Added Notes: Niagara Health also brought up the issue of presentations being performed before other Municipalities and that the actions of this council was a consideration to such. This was not addressed prior so I will do so now. Their request for additional moneys was entirely based upon the reasoning that the tax payers of Niagara Falls have not contributed their fair share of the local commitment, it was stated in the prior report this reasoning was in error. Nonetheless, this does not change their creditability so far as requesting similar commitments from other Municipalities base upon the same reasoning of fair share local commitment, in fact it empowers it. Page 325 of 450 Niagara Heath, apparently unintentionally, demonstrated that that threshold, which Niagara Health themselves set, has been achieved by the tax payers of Niagara Falls. This indeed reaffirms and strengthens their position, aside from the whole, mishandling of the $11 million dollar land donation not being counted as the local share contribution incident, when it comes to requests of similar commitments from the other Municipalities. Their concern that Councils actions may affect the decisions of other Municipalities, based upon the residents of Niagara Falls financial commitment, should not be admissible as a consideration as to whether this council chooses to fund the request or not. I also wanted to elaborate on the donation of the old hospital site. As mentioned prior, it was brought up that the buildings would in all likelihood require demotion to accommodate new development. Notwithstanding councils and city staffs expertise, if any in this field, it would be foolish for any entity to assume another property in any form whatsoever without having an expert second opinion as to the validity of its worth and liabilities, doubly so if the initial appraisal is initiated by the giver and is to be sited in any financial comparison or compensation argument. I know at least one councilor is involved with real estate, perhaps the concept of incurable obsolescence in reference to real estate can be explained, preferably by an expert in such matters, to the council, as well as to the residents of Niagara Falls so all parties can make and understand decisions from an educated perspective. As part of this councils consideration as to whether you assume that property you may do well to direct staff to initiate the city's own independent appraisal and liability study, it would not look good on a resume to immediacy follow an $11 million dollar mistake with a $6 million dollar mistake, especially after having been advise by the OPNFC on the matter. After all, a former Council has set precedent on these matters, $5000 was spent on assessing the viability of the Dunn Street Affordable Housing project (PBD 2021-37) that, dare I say, appears to not have materialized, so it would appear that in that instance, the former Councils prudence to independently assess the proposal was well founded. As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor to direct staff to initiate a city funded appraisal and liability study, that is incontestably arms length from the Niagara Health Board, before making the decision to assume the old hospital property. I would consider the investment of a few thousands dollars a worthy insurance policy vs. a potential $6 million liability. Page 326 of 450 An Editorial on the Niagara South Hospital was printed in the Niagara Falls Review recently titled "A costly Christmas gift", By Niagara Dailies Editorial Fri., Dec. 23, 2022, perhaps those who have not read it, should. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 327 of 450 Page 328 of 450 Page 329 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 24-01-2023-4 Monday, January 16, 2023 Mayors Opinion Report Council, I would like to know the Mayors opinion on whether the city should give Niagara Health their multi-million dollar ask. Make it a recorded vote or he can just volunteer it because it has been asked for. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 330 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 24-01-2023-7 Monday, January 16, 2023 Mayor Diodati and Councilor Strange comments concerning 15,000 students Report Council, During the December 13, 2022 meeting Mayor Diodati and Councilor Strange collectively stated that 15,000 students and faculty were going to be "living and working in the downtown". It is important that this council choose their words carefully as to not provide false hope. As only time can verify if these statements were true or false, a report will be made to council each meeting to update the progress of the claim. It has been 42 days since Mayor Diodati and Councilor Strange claimed 15,000 students and faculty were going to be living and working in the downtown. The current occupancy as researched is 0. Page 331 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 332 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 24-01-2023-6 Monday, January 16, 2023 City of Niagara Falls Affordable Housing Update Report Every day Council Members, Every day that brings us closer to October 26, 2026 (the end of your term in office), Every day that no affordable housing is created by this Council is one more failure, 70 days Council Members, 70 failures ... Page 333 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 334 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 24-01-2023-8 Monday, January 16, 2023 Mayor Diodati comments concerning Development Downtown Report Council, On December 31, 2021 a Niagara Falls Review news article was published with Mayor Jim Diodati stating ... “You’re going to start to see high-rise, residential apartments and condos being built in our downtown. You’re going to start to see cranes in the downtown. That’s what’s missing downtown. You need people living there, then you’ll need a grocery store for people living there to buy their food" It is important that the Mayor chooses his words carefully as to not provide false hope. As only time can verify if these statements were true or false, a report will be made to council each meeting to update the progress of the claim. It has been 381 days since Mayor Diodati made that claim, it remains false. Their are currently no high-rise, residential apartments and condos, cranes or grocery stores being built in our downtown. News article link (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement -for-falls- downtown-university-could-come-this-spring-diodati.html) Page 335 of 450 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 336 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-12 Sunday, January 15, 2023 Time requirements for submitting comments Report Council, It is important that the Clerks office submits documents to the council agenda that have been submitted within the 24 hours time frame. If they are not the residents of Niagara Falls are being prejudiced. If you receive this letter for the January 17, 2023 meeting then the procedures for submitting comments to council 24 prior to the meeting are working (this session). Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Page 337 of 450 Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 338 of 450 Enbridge 500 Consumers Road North York, Ontario M2J 1P8 Canada Tuesday, December 20, 2022 City of Niagara Falls Mayor Jim Diodati 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Your Worship and Members of Council, Congratulations on your recent election to Council. Your victory speaks volumes about your commitment, community dedication and passion, which has no doubt enabled you to achieve such a milestone. Enbridge Gas is a long-standing partner in more than 340 municipalities across Ontario, and we have deep roots in the places where we work and live. With more than 170 years of experience, we understand and value public service and would like to thank you for the commitment you’ve made to your community and residents over the coming term. We’ll continue to work hard to make a difference in the communities we serve in several ways, including delivering the energy customers need and want, energy efficiency and low-income programs, and a wide range of community support and charitable efforts. These initiatives are made possible through the support from our many community partners, including elected representatives from all levels of government and we look forward to working with you. We are laser-focused on providing a safe, dependable, competitive, and sustainable energy choice for customers, and working with communities to help reduce their emissions and reach climate goals. Our efforts are focused on helping homes and businesses use less energy through conservation programs, advancing the transition to low-carbon gases including renewable natural gas (RNG) and hydrogen, and advancing the adoption of innovative clean technologies for Ontario’s highest emitting sectors: transportation, building heat and industrial processes. Together, we can drive solutions that will support your community’s economic and environmental goals. My team and I look forward to working with you to develop closer relations and to concentrate our efforts to continue building and maintaining a healthy and vibrant community. Again, congratulations and best wishes for a successful term. Should you or your staff have any questions, or require information at any time, please do not hesitate to reach out to me. Sincerely, Murray Costello, P.Eng. Director, Southeast Region Operations | Enbridge Gas Inc. Murray.Costello@Enbridge.com 519-885-7425 CC: Julie Alexander, Sr. Municipal Advisor, Julie.Alexander@enbridge.com Page 339 of 450 1 Michael Stewart To:Bill Matson Subject:RE: Follow-up to NPCA Board of Directors' Report No. FA-56-22 RE: Status Update on CA Programs and Services Further to Royal Assent of Bill 23 From: Grant Bivol <gbivol@npca.ca> Sent: Monday, January 16, 2023 1:40 PM To: Norio, Ann-Marie <Ann-Marie.Norio@niagararegion.ca>; clerks@stcatharines.ca; clerk@westlincoln.ca; clerks@lincoln.ca; clerks@pelham.ca; NOTL <clerks@notl.com>; Clerk, Thorold (clerk@thorold.com) <clerk@thorold.com>; Tara Stephens <clerk@welland.ca>; clerks@grimsby.ca; Schofield, Carol <cschofield@forterie.ca>; Amber LaPointe <cityclerk@portcolborne.ca>; William Kolasa <WKolasa@wainfleet.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Tripp, Ron <Ron.Tripp@niagararegion.ca>; dcribbs@pelham.ca; steve.zorbas@welland.ca; mkirkopoulos@lincoln.ca; Jason Burgess <jburgess@niagarafalls.ca>; tkuchyt@forterie.ca; hschlange@grimsby.ca; doakes@stcatharines.ca; Scott.Luey@portcolborne.ca; Manoj.Dilwaria@thorold.ca; marnie.cluckie@notl.com; bhendry@westlincoln.ca; William Kolasa <WKolasa@wainfleet.ca>; Chandra Sharma <csharma@npca.ca> Subject: Follow-up to NPCA Board of Directors' Report No. FA-56-22 RE: Status Update on CA Programs and Services Further to Royal Assent of Bill 23 Importance: High Good afternoon, On December 21, 2022, the NPCA circulated for your Mayor and Council, our Report No. FA-56-22 RE: Status Update on CA Programs and Services Further to Royal Assent of Bill 23, as adopted by the NPCA Board of Directors at its meeting of December 16, 2022. Subsequent to that, on December 28, 2022 , as per the attached correspondence, the NPCA received notice of Ontario Regulation 596/22: Prescribed Acts – Subsections 21.1.1 (1.1) and 21.1.2 (1.1) of the Act) which provided that conservation authorities are no longer able to provide a municipal (Category 2) or other (Category 3) program or service related to reviewing and commenting on a proposal, application or other matter made under a number of Acts. (This attached correspondence was provided to your CAO’s by our CAO Chandra Sharma at that time.) As the new Regulation supersedes and overrides NPCA Report No. FA-56-22, we are kindly asking that you remove this report from your respective Council agendas at this time and apologize in advance for any inconvenience this may have caused. If you have any questions or concerns, feel free to contact me. Sincerely, Grant Bivol Grant Bivol NPCA Clerk / Board Secretariat Niagara Peninsula Conservation Authority (NPCA) 250 Thorold Road West, 3rd Floor, Welland, ON L3C 3W2 Page 340 of 450 2 Tel: (905) 788-3135 ext. 250 gbivol@npca.ca www.npca.ca The information contained in this communication, including any attachment(s), may be confidential, is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure of this communication, or any of its contents, is prohibited. If you have received this communication in error, please notify the sender and permanently delete the original and any copy from your computer system. Thank-you. Niagara Peninsula Conservation Authority. Page 341 of 450 Report No. FA-51-22 Enhanced Watershed Restoration and Stewardship Program Proposal Page 1 of 5 Report To: Board of Directors Subject: Enhanced Watershed Restoration and Stewardship Program Report No: FA-51-22 Date: December 16, 2022 ______________________________________________________________________________ Recommendations: 1. THAT Report No. FA-51-22 RE: Enhanced Watershed Restoration and Stewardship Program BE RECEIVED. 2. THAT staff DEVELOP program details, including guidelines, cost estimates, and staffing requirements in accordance with the recommendations within the “Enhanced Watershed Restoration and Stewardship Program” attached as Appendix 1. 3. AND THAT staff Report No. FA-51-2022 BE CIRCULATED to NPCA watershed municipalities in support of continued memorandum of understanding/ service level agreement discussions. Purpose: The purpose of the report is to provide a vision of future restoration and stewardship programming to achieve the goals set out in the NPCA 10-year Strategic Plan while conforming to changing legislation and meeting emerging opportunities, and obtain Board of Directors’ endorsement for further program development. Background: Since 1999, the NPCA has played a leading role in watershed restoration and stewardship initiatives within our jurisdiction. Several past and current programs (e.g., Water Quality and Habitat Improvement, Canopies for Kids, Water Well Decommissioning, Mickey DiFruscio & Family Legacy Pollinator Gardens, and Niagara River Remedial Action Plan) have been implemented to improve water quality and ecosystem health while engaging community members, private landowners, municipal partners, volunteers, and environmental non-governmental organizations. In 2019, the Water Quality and Habitat Improvement program was re-launched as a Restoration Grant Program to leverage funds and opportunities to implement habitat restoration projects (e.g., wetland creation, tree planting, agricultural best management practices) that contribute to increasing forest cover, improving habitat quality and connectivity, and enhancing biodiversity. Through these initiatives, the NPCA has completed hundreds of projects and planted over 1.2 million native trees and shrubs across the watershed. Page 342 of 450 Report No. FA-51-22 Enhanced Watershed Restoration and Stewardship Program Proposal Page 2 of 5 Currently, restoration initiatives are focused on the restoration grant program’s projects and providing technical support to internal clients while stewardship activities are focused on planting events engaging the community and other organizations (e.g., ENGOs, nature clubs, community groups, municipalities) and educational opportunities such as public talks and guided nature hikes organized by external groups. The NPCA’s 10-year Strategic Plan calls for the expansion of restoration program services and the development of urban and rural stewardship programs aimed enhancing natural habitat and forest cover, increasing biodiversity, leading environmental stewardship and volunteerism, and engaging partners in achieving collective environmental impacts in the watershed. Discussion: To better understand the restoration and stewardship programming opportunities/gaps and potential funding mechanisms, a consultant was retained to perform a jurisdictional review with input from NPCA staff. The review examined municipal natural heritage priorities, climate adaptation plans, and restoration goals. Results revealed a mix of defined/undefined goals and objectives inconsistent across municipalities. In parallel, ongoing discussions with NPCA staff and municipal partners have identified several emerging opportunities related to increasing tree canopy cover, greening initiatives, and supporting local climate change adaptation. This information was incorporated into the attached program presenting recommendations to achieve the goals set out in the strategic plan, conform to changing legislation and meet emerging opportunities for the NPCA’s watershed restoration and stewardship programs. The Enhanced Watershed Restoration and Stewardship Program (Appendix 1) builds and expands upon the historical/current work of NPCA restoration and stewardship programs and initiatives, formalizes programming for emerging partnerships and opportunities, and meets the internal needs of integrating knowledge and building organizational capacity. As described below, the enhanced programming includes key goals, targets based on watershed science, a framework detailing distinct program and service areas, a timeline for development and implementation, and summary of funding mechanisms. Key goals 1. Restore and enhance natural habitat, biodiversity, water resources, and forest cover towards a healthy and climate resilient watershed. 2. Engage and enable communities in improving the health and resilience of the watershed Targets Through combined restoration and stewardship efforts, the NPCA aims to add 600 hectares of natural cover and plant 1 million native trees across the watershed by 2031. The targets and measures will be adapted and refined during program development and through watershed strategies and management plans. Framework for Program and Service Areas The Watershed Restoration and Stewardship Program proposal identifies six program and service areas, based on distinct audiences, funding mechanisms, and outcomes to work in complement with each other to achieve program goals. Page 343 of 450 Report No. FA-51-22 Enhanced Watershed Restoration and Stewardship Program Proposal Page 3 of 5 Internal Restoration Services: leading restoration initiatives on NPCA lands to improve habitat and ecological function. This service area will provide support across the organization on all matters related to ecological restoration, including supporting the development of Conservation Area Management Plans and Watershed Strategies, creating and inventory of restoration and stewardship opportunities, planning and compliance review, and supporting organizational climate adaptation and mitigation initiatives. Watershed Restoration Services: Leading and supporting external large-scale ecological restoration projects with municipal and private partners, including habitat compensation projects, Class Environmental Assessment (EA) flood and erosion control projects, invasive species management, and other fee-for-service opportunities. Private Land Restoration Grant Program: An updated version of the Restoration Grant Program, continues the NPCA’s long history of restoration work with private landowners; however, the grant categories will be focused on improving habitat, biodiversity, water resources and forest cover. The updated program will be positioned to significantly increase natural land cover in the watershed and provide co-benefits of improved water quality. The agricultural components of the existing grant program will be separated into their own program to build additional capacity and expertise. Agricultural Stewardship Program: A focused approach to working with agricultural communities with an emphasis on best management practices, water quality improvement projects, outreach & education, promoting habitat restoration opportunities, and providing technical expertise to the agricultural community. Urban Stewardship Program: Updated and expanded program based on existing community engagement activities (e.g., pollinator gardens, community tree plantings, and Yellow Fish Road program) aimed at encouraging residents to improve the health of the environment. The program will formalize existing initiatives and develop new approaches to encourage resilience to climate change while increasing volunteerism and inspiring larger action. Program elements may include small-scale habitat projects, community park naturalization, rain gardens and other demonstration projects, community/schoolyard greening, and stream/park cleanup as well as working with municipalities to increase the urban tree canopy cover especially in vulnerable, low nature areas. Corporate Stewardship Program: Focused on creating opportunities for private corporations and businesses to engage their staff in meaningful environmental initiatives to fulfill their corporate social responsibility goals, including reducing their environmental footprint. Activities may include invasive species removal, stream/park cleanups, tree plantings, pollinator garden planting/weeding, habitat structure building. The program should be based on a fee-for-service model to recoup costs and may be implemented in collaboration with the Niagara Peninsula Conservation Foundation. Next steps for 2023 • Determine cost estimates for achieving watershed restoration and stewardship targets to inform program costing for financial discussion with municipal partners. • Develop and formalize program offerings including staff and financial resource allocations, program details and targets, work plan, and performance measures. • Update current Restoration Grant Program guidelines in anticipation of 2024 launch of Private Landowner Grant Program. Page 344 of 450 Report No. FA-51-22 Enhanced Watershed Restoration and Stewardship Program Proposal Page 4 of 5 • Collaborate with NPCA staff to formalize Internal Restoration Services, including an inventory of restoration opportunities on NPCA lands. • Use the established fee schedule to develop a framework for watershed restoration services and corporate stewardship in collaboration with finance, conservation area services, and Niagara Peninsula Conservation Foundation. • Seek Board approval for new and updated program offerings for 2024 launch. Financial Implications: There are no current financial implications. Further program development and scoping to be done by NPCA staff is accounted for in the 2023 budget. Apart from restoration activities on NPCA-own lands, the Watershed Restoration and Stewardship Program is considered a non-mandatory program or service under the Conservation Authorities Act (i.e. Category 2 or 3) and will need to be partially funded through service-level agreements with municipal partners or with external funding. Discussions with municipal partners on NPCA’s inventory of programs and services is on-going. Staff will also actively pursue external funding opportunities, including service level agreements, grants, partnership funding, self-generated funds and other innovative funding strategies, as opportunities arise. Links to Policy/Strategic Plan: The NPCA strategic plan calls for the expansion of restoration program services and develop programs aimed at urban and rural landowners to achieve Goal 1.3: Restore and enhance natural habitat, water resources, and forest cover. Enhancing NPCA restoration and stewardship program offerings will also directly support achieving several other NPCA strategic goals and performance measures related to managing NPCA lands to increase biodiversity (Goal 1.4), implementing green infrastructure and sustainability best practices (Goal 2.3), leading environmental stewardship and volunteerism (Goal 3.2), establishing the NPCA as an environmental service provider (Goal 4.1), building relationships with other organizations for collective outcomes (Goal 4.2), and optimize self- generating revenue using innovative approaches (Goal 6.2). Related Reports and Appendices: Appendix 1: Enhanced Watershed Restoration and Stewardship Program Authored by: Original Signed by: Stuart McPherson & Steve Gillis Restoration Specialists Page 345 of 450 Report No. FA-51-22 Enhanced Watershed Restoration and Stewardship Program Proposal Page 5 of 5 Reviewed by: Original Signed by: Natalie Green M.Sc., PMP Manager, Climate Change and Special Programs Reviewed by: Original Signed by: Geoff Verkade Senior Manager, Integrated Watershed Planning/ Information Management Reviewed by: Original Signed by: Leilani Lee-Yates, BES, MSPL.RPD, MCIP, RPP Interim Director, Watershed Strategies & Climate Change Submitted by: Original Signed by: Chandra Sharma, MCIP RPP Chief Administrative Officer/Secretary-Treasurer Page 346 of 450 APPENDIX 1 to Report No. FA-51-22 2022 ENHANCED WATERSHED RESTORATION & STEWARDSHIP PROGRAM www.npca.ca Page 347 of 450 CONTENTS Introduction ................................................................................................................................... 1 State of the Landscape .................................................................................................................... 2 Jurisdictional Scan........................................................................................................................... 2 Current Program Offerings .............................................................................................................. 3 Restoration Grant Program ................................................................................................................... 3 Community Engagement & Environmental Stewardship Initiatives .................................................... 5 Watershed Restoration & Stewardship Program Details .................................................................. 7 Key Program Goals ................................................................................................................................ 7 Target Setting ........................................................................................................................................ 8 Overview of Program Areas .................................................................................................................. 8 Internal Restoration Services ............................................................................................................ 9 Watershed Restoration Services ....................................................................................................... 9 Private Land Restoration Grant Program ........................................................................................ 10 Agricultural Stewardship Program .................................................................................................. 10 Urban Stewardship Program ........................................................................................................... 11 Corporate Stewardship Program ..................................................................................................... 11 Program Integration ............................................................................................................................ 11 Financing Considerations .................................................................................................................... 12 Conclusion & Recommendations ................................................................................................... 13 References .................................................................................................................................... 14 Appendix 1 - Program and Services Summary ................................................................................ 15 Page 348 of 450 1 INTRODUCTION As early as the 1930s, there was broad public concern about soil erosion, flooding, and drought due to decades of poor land, water, and forestry practices throughout Southern Ontario. One of the earliest conservation efforts to help mitigate these watershed-scale problems was tree planting to restore forests. Today, the watershed continues to face immense pressures from land uses and the effects of climate change which threaten ecological integrity and require immediate action. Science and policy have advanced to recognize that forests, wetlands, riparian areas, and natural shorelines are all necessary parts of a healthy and functional ecosystems that provide for economic, social, and environmental well-being. Restoration efforts have followed suit and have grown to understand that involving people leads to better outcomes, not only for projects, but in helping to shape perspectives on caring for the environment. For many years, the NPCA has been a local leader in watershed restoration and stewardship initiatives. Several past and current programs (e.g., Water Quality and Habitat Improvement, Canopies for Kids, Water Well Decommissioning, Mickey DiFruscio & Family Legacy Pollinator Gardens, and Niagara River Remedial Action Plan) have been implemented to improve water quality and ecosystem health while engaging community members, private landowners, municipal partners, volunteers, and environmental non-governmental organizations. Through these initiatives, the NPCA has completed hundreds of projects and planted over 1 million native trees and thousands of plants across the watershed. Currently, restoration initiatives are focused on projects completed through the Restoration Grant Program and providing technical support to internal clients, while stewardship activities are focused on planting events which engage the community and other organizations (e.g., ENGOs, nature clubs, community groups, municipalities) and educational opportunities such as library talks, and guided hikes organized by external groups. While restoration and stewardship initiatives continue to be successful, existing program structure and staff resourcing limit the NPCA’s impact on the watershed and ability to fully meet emerging opportunities. The NPCA’s recent strategic plan is aimed at achieving a healthy and vibrant environment with shared greenspace and clean water that sustains life for future generations. To create healthy and climate- resilient watersheds, the strategic plan calls for the expansion of restoration program service offerings and the development of programs aimed at urban and rural landowners. These enhanced program offerings are intended to increase natural habitat and forest cover, improve biodiversity, lead environmental stewardship and volunteerism, and engage partners in achieving collective environmental impacts in the watershed. Page 349 of 450 The purpose of this document is to provide a vision of future restoration and stewardship programming to achieve the goals set out in the strategic plan while conforming to changing legislation and meeting emerging opportunities. STATE OF THE L ANDSCAPE The Niagara Peninsula watershed is part of the Carolinian life zone, an incredibly biodiverse area that includes rare plants and animals. The watershed also supports a wide variety of land uses that provide people with recreational, social, and economic benefits. However, research indicates that the NPCA watershed is deficient of adequate habitat (NPCA 2011). Scientific literature suggests that watersheds require a minimum of 30% forest cover to maintain biodiversity toward a resilient and healthy landscape (Environment Canada 2013). This target represents a high-risk approach to maintaining existing biodiversity that may support less than one half of the potential species richness, and marginally healthy aquatic systems, while a 50% forest cover threshold would equate to a low-risk approach likely to support most of the potential species' richness, and healthy aquatic systems (Environment Canada 2013). The NPCA’s Natural Areas Inventory indicates that the watershed has 18% wooded cover (meaning variety of treed ecological community types, including forests) (NPCA 2010). To reach the 30% forest threshold suggested by science, more than 12% of the landscape, or over 29,000 ha of land would need to be converted to forest cover. To achieve this target, an estimated 58 million trees would need to be planted— a worthy but immense goal that would require a watershed- wide, long-term commitment to protecting biodiversity and ecosystem function. Healthy and resilient watersheds include numerous habitat types (wetland, riparian, forest, etc.); therefore, targets should reflect a multi-functional and diverse landscape. Increased pressure on the landscape from changing land use and their impacts threaten the watershed’s ecological integrity. It has been known for some time that the NPCA watershed is functionally degraded to a high degree as it consistently exhibits poor surface water quality (NPCA 2022) and is highly fragmented in terms of natural areas and wildlife habitat. The Nature for Niagara’s Future study (NPCA 2011) has shown that the existing natural areas in the watershed cumulatively achieve only 56% of what conservation literature recommends is required for a healthy and sustainable watershed. There is a critical need to increase natural cover and help watershed communities adapt to a changing climate. JURISDICTIONAL SCAN To better understand the restoration and stewardship programming opportunities/gaps, a consultant, Intelligent Futures, was retained to perform a jurisdictional review with input from NPCA staff. The Page 350 of 450 review examined municipalities’ natural heritage priorities, climate adaptation plans, and restoration goals. Results revealed a mix of defined and undefined goals and objectives, inconsistent across municipalities. The review summarized specific goals and priorities that indicate a set of emerging opportunities to work with municipalities to achieve a shared vision for the watershed. Some of the relevant targeted areas of emphasis include: • Improving natural heritage systems and taking advantage of underutilized lands. • Becoming leaders in sustainability, including enhancing natural features, promoting, and implementing programs which maintain and improve the quality of surface water and groundwater, and promoting the conservation of water resources. • Reducing Greenhouse Gas (GHG) emissions through increasing the amount of stewardship and restoration efforts, including tree planting and habitat enhancements. • Managing agricultural lands using best management practices to help improve ecological functions of the natural heritage system and water quality. In parallel, ongoing discussions between NPCA staff and municipal partners have identified multiple opportunities related to increasing tree canopy cover, greening initiatives, and supporting local climate change adaptation. CURRENT PROGRAM OFFERINGS Restoration Grant Program From 1999-2017, the Water Quality and Habitat Improvement (WQHIP) program was instrumental in restoring natural ecosystem function and improving water quality across the watershed. The WHQIP focused on completing restoration actions identified in sub-watershed plans, including stream restoration, tree planting, wetland creation, and agricultural Best Management Practices (BMPs). After an 18-month service interruption, the WQHIP was re-launched in 2019 as the Restoration Grant Program to meet the Auditor General of Ontario’s recommendations (Lysyk 2018) and to formalize goals of improving water quality, wildlife habitat, and forest cover to the benefit of local ecosystems and the overall health of the watershed. The current Restoration Grant Program uses an objective, prioritized approach to select projects adjacent to or connecting critical natural features (e.g., floodplains, valleys, provincially significant wetlands, near existing large tracks of established forests, and in headwater areas). The program is based on a cost-share model to leverage the NPCA’s initial investment funded by municipal levy and Page 351 of 450 ensures that partners have a financial stake in their project’s success. The application process is open to all, and the program has worked with a wide variety of rural and urban landowners (i.e., farms, businesses, and municipalities). Grants are provided for staff to design and implement habitat restoration projects (e.g., wetland restoration, tree planting, stream restoration) and agricultural best management practices (e.g., grassed waterways, nutrient management projects, hedgerows, and windbreaks) that contribute to increasing forest cover, enhancing habitat quality and connectivity, enriching biodiversity, and improving surface water quality. Recent Successes Since the Restoration Grant Program launch in 2019, more than 130 restoration and 30 agricultural Best Management Practice (BMP) projects have been completed, resulting in 127 hectares (ha) of habitat added to the watershed broken down as follows: • 102 ha of afforestation • 17 ha of wetland habitat restored • 8 ha of stream and riparian restoration. Collectively, these projects have added more than 230,000 trees, 15,000 shrubs, and nearly 10,000 herbaceous plants. Partnerships are critical for leveraging restoration funding and achieving greater outcomes. Thanks to the Restoration Grant Program, the NPCA has signed memorandums of agreement with Ducks Unlimited Canada, Land Care Niagara, Trout Unlimited Canada (Niagara Chapter), and the Niagara Coastal Community Collaborative to support tree planting, shoreline restoration, and wetland creation in Niagara. In addition, the NPCA became a Planting Delivery Agent (PDA) for Forests Ontario in 2021 to plant trees as part of their various large-scale tree planting initiatives. More recently, the NPCA collaborated with the Niagara Parks Commission to restore a 1.6 ha coastal wetland along the Niagara River in an area known as Gonder’s Flats. For this project alone, the NPCA has brought together the support of four funding partners and several community organizations, bringing in $97,000 (to date) to offset direct project costs. In total, NPCA restoration projects completed in 2019-2022 are valued at more than $1.7 million (not including staff time) with the NPCA contributing just over 1/3 of the total cost though grant dollars. Opportunities The current Restoration Grant Program structure works well at addressing ecological restoration opportunities with proactive landowners whose goals align with the NPCA. In 2021 and 2022, the Page 352 of 450 Restoration Grant Program had a waiting list of projects that met the programs eligibility requirements but for which there was not enough funding to support. In some areas, such as agricultural stewardship, a different approach, such as focusing on outreach to farming communities is likely to lead to greater success by developing stronger relationships and breaking down perceived barriers. In other cases, changes to program structure are required to support both internal needs and external requests. In recent years the NPCA has led and supported several initiatives and projects, or been approached with opportunities, that do not quite fit with the current guidelines. Such opportunities include, but is not limited to, shoreline restoration, habitat compensation projects, restoration planning for municipal properties, invasive species management, and planning review. Presently, restoration efforts on NPCA lands have been accomplished through a mix of formal and informal efforts. As the Conservation Area management plans are updated and completed as legislated by 2031, new restoration needs will be identified and will require a structure to implement. The NPCA’s new draft Land Securement Strategy (2022) provides guidance on acquiring lands that provide aquatic and terrestrial habitat restoration opportunities, including lands identified as priority for ecosystem restoration. With land securement targets ranging from 200-400 hectares by 2032, these new lands are likely to increase restoration needs. Community Engagement & Environmental Stewardship Initiatives Environmental stewardship refers to the care and protection of the natural environment achieved through increased awareness, shared responsibility, and active participation. While stewardship is similar to restoration in that it aims to improve the environment, the key difference is its focus on engagement and education. A comprehensive landowner stewardship guide produced by the NPCA in 2015 outlines many actions for homeowners and community members to improve the environment; however, there is no formal program to support its implementation and programming has been mainly opportunistic or reactive. Nonetheless, the NPCA has been an environmental stewardship leader engaging hundreds of volunteers, community members, corporations, and student volunteers in various opportunities to connect with nature and take action to improve the environment. The existing community engagement/stewardship initiative structure delivers a variety of unique and compelling programming that engages watershed communities and provides opportunities to improve the health of the watershed while increasing their understanding of their local environment. Current initiatives include leading community tree and pollinator garden plantings, coordinating community science/monitoring, conservation area stewardship, and supporting the environmental Page 353 of 450 work of community groups and partners. For example, the NPCA delivers the Yellow Fish Road™ program (created by Trout Unlimited Canada) to engage school children and inform neighbourhoods about the importance of clean water, protecting aquatic species from pollution, and how to properly dispose of hazardous waste. To increase local biodiversity and awareness about native plants, the NPCA is leading the ‘Mickey DiFruscio and Family Legacy Pollinator Project’. The project includes the establishment of community-based pollinator gardens in public (usually urban) spaces. Each garden is cared for by a community group or local environmental organization to ensure the garden’s continued success. The Niagara Envirothon, based on a North America-wide program coordinated locally by Forests Ontario in partnership with NPCA, engages high school students in hands-on, team-based activities to learn about ecosystems while developing critical thinking, problem solving, teamwork, leadership, and communication skills. Recent Successes Fostering partnerships and building positive relationships with people is the key to effective community engagement and exemplary action. In 2021, more than 75 community groups and 409 volunteers engaged in conservation work across the watershed. For example: • Planting native trees and wildflower gardens • Building, installing, and monitoring wildlife boxes • Conducting community cleanups • Monitoring hiking trails • Removing invasive plant species • Creating educational opportunities for high school and post-secondary students More recently, the NPCA supported the Invasive Species Centre’s project to remove European Water Chestnut from a portion of the Welland River through volunteer recruitment, access to a conservation area to assist with storage of materials, and communication assistance. The project received extensive (positive) media coverage, created 5 local jobs, engaged 63 people, and successfully removed 7,000 invasive European Water Chestnut plants from 35 km of the Welland River. The partnership is an excellent example of how the NPCA brings people and organizations together toward a common goal of improving the environment. Page 354 of 450 Opportunities With the recent changes to the Conservation Authorities Act through Bill 229 that specify mandatory and non-mandatory programs and services, and the development of the NPCA Climate Change Action Plan, there is an opportunity to formalize these community engagement and stewardship initiatives into a comprehensive program that is attractive to funders, provides objectives and guidance on program delivery, and develops a structure to engage with requests for paid corporate stewardship opportunities. In addition, the NPCA 10-year Strategic Plan offers guidance to deliver complementary approaches to traditional restoration programming to achieve habitat, water quality, and climate adaptation goals (e.g., urban and agricultural stewardship). Working with the people of the watershed primarily in urban and suburban areas, provides the NPCA with opportunities to increase biodiversity in underutilized spaces (yards, parks, stream valleys) and engage communities in important issues such as reducing low-nature areas and adapting cities to a changing climate. A robust stewardship approach works to better enable individuals and communities to lead local stewardship efforts. By providing information, resources, inspiration through selective demonstration projects, the NPCA can support both burgeoning and developed groups who are ready to take a larger role in caring for their environment. WATERSHED RESTORATION & STEWARDSHIP PROGRAM DETAILS The Watershed Restoration and Stewardship Program builds and expands upon the historical and current work of the NPCA restoration and stewardship programs. It formalizes emerging initiatives, partnerships, and programming, and helps build organizational capacity. As described below, the enhanced programming includes key program goals, targets based on watershed science, a framework detailing distinct program and service areas, a timeline for development and implementation, and summary of potential funding mechanisms. Appendix 1 of this document provides more detailed information on programs and services. Key Program Goals The Watershed Restoration and Stewardship Program proposes two overarching goals to help align with the vision and goals of the NPCA 10-year Strategic Plan and guide its initiatives, as follows: • restore and enhance natural habitat, biodiversity, water resources, and forest cover towards a healthy and climate resilient watershed; and Page 355 of 450 • engage and enable communities in improving the health and resilience of the watershed. Target Setting Setting targets is important for achieving realistic and measurable goals that are relevant to the local landscape. While 30% forest cover is an important target established by the scientific literature, its pursuit would exclude other key habitat features critical to ecosystem health and be unrealistic in the timeline of this program. The NPCA 10-year Strategic Plan’s habitat target is based on an increase in natural cover, including multiple habitat types and metrics to represent a healthy, multifunctional landscape. Through combined restoration and stewardship efforts, the NPCA aims to add 600 hectares of natural cover and plant 1 million native trees across the watershed by 2031 (Table 1). This initial target is based on previous restoration efforts and scaled up assuming a successful land securement program and partner interest. The targets will be adapted and refined based on watershed strategies as well as Conservation Area management plans. Although the habitat types may vary depending on land availability and funding, the following metrics in Table 1 are proposed as guidance. Table 1. Proposed watershed restoration and stewardship program targets by metric. Measure Proposed Target (2024-2031) Forest restored (ha) 500 ha # of native trees 1,000,000 # of native shrubs 100,000 # of herbaceous plants 40,000 Wetlands restored (ha) 50 ha Riparian (ha) 50 ha Total natural cover added (ha) 600 Overview of Program Areas To achieve these goals and targets, NPCA staff have identified six restoration and stewardship program and service areas, based on distinct audiences, funding mechanisms, and outcomes to work in complement with each other as an integrated program to achieve program goals. Many of these initiatives are currently ongoing, both in formal and informal capacities. Developing these recommended program areas will provide the NPCA with a comprehensive path to achieving many of the goals of the strategic plan, provide guidance for how this work will continue, and allow flexibility to meet future opportunities. Refer to Appendix 1 for a more detailed program/service summary table. Page 356 of 450 Internal Restoration Services This program area is specific to leading restoration initiatives on NPCA-owned or managed lands to improve habitat and ecological function. This service area will provide support across the organization on all matters related to ecological restoration, including creating restoration plans to support the development of Conservation Area management plans and watershed strategies, supporting the development of the Conservation Area Inventory and Strategy, supporting the implementation of the Land Securement Strategy to identify priority areas for terrestrial and aquatic habitat restoration as well as prospective restoration opportunities on new lands under consideration, creating an inventory of restoration and stewardship opportunities, planning and compliance review, invasive species management, and supporting organizational climate adaptation and mitigation initiatives. Restoration initiatives may include: • Forest restoration: stand conversion, reforestation, establishing new forest through afforestation, creating habitat features, and other projects that sequester carbon and reduce greenhouse gas emissions. • Wetland restoration: creation and enhancement of open water marshes, swamp forests, and vernal pools, and buffers around existing wetlands. • Stream restoration: projects that increase stream cover, improve aquatic habitat and biodiversity, natural channel design, riparian buffers, removal of fish migration barriers, and using bioengineering approaches to reduce/prevent erosion. • Shoreline restoration: creating resilient natural shorelines using nature-based shoreline solutions that use bioengineering to help protect and restore shoreline function. Supporting engineered solutions that incorporate restoration components. • Upland restoration: large-scale habitat improvement projects that support biodiversity through mixed habitat types (e.g., thickets and hedgerows adjacent to grasslands, where appropriate), or where other land uses limit restoration opportunities (e.g., beneath hydro corridors). Watershed Restoration Services This formalized service area will provide municipal partners and other stakeholders with ecosystem restoration expertise and knowledge that their organizations may otherwise lack. Through service level agreements and/or fee-for-services, the NPCA will lead and support external ecological restoration projects, plans, and strategies with municipal and private partners, including habitat creation and enhancement projects, Class Environmental Assessment (EA) flood and erosion control projects, and invasive species management. Page 357 of 450 Private Land Restoration Grant Program An updated version of the existing program will continue the NPCA’s long history of restoration work with private landowners. The grant categories will be focused on improving habitat, biodiversity, water resources and forest cover. The NPCA will continue to work with traditional partners to leverage funds to complete these projects and reduce the overall cost to the NPCA. The updated program will be positioned to significantly increase natural land cover in the watershed and provide co-benefits of improved water quality. The agricultural components of the existing grant program will be separated into their own program to build additional capacity and expertise. Proposed grant categories include: • Tree Planting: mid- to large-scale projects aimed at establishing new forest cover and expanding and connecting our existing forests through corridors. • Wetland restoration: the creation and enhancement of open water marshes, vernal pools, habitat improvements, and habitat buffers around existing wetlands. • Stream restoration: projects that increase stream cover, improve aquatic habitat, enhance buffers, remove fish migration barriers, and use bioengineering approaches to reduce erosion. • Shoreline restoration: nature-based shoreline solutions that use bioengineering to help protect and restore shoreline function. • Upland restoration: large-scale habitat improvement projects that support biodiversity through mixed habitat types (e.g., thickets and hedgerows adjacent to grasslands, where appropriate), or where other land uses limit restoration opportunities (e.g., beneath hydro corridors). Agricultural Stewardship Program The unique microclimate created by the Niagara Escarpment and rich soils supports one of Ontario's most productive agriculture systems including vineyards, tender fruit orchards, livestock, and various specialty crops. Not surprisingly, agricultural lands account for nearly 65% of the watershed. This program provides a focused approach to working with producers and agricultural communities with an emphasis on outreach and education to promote best management practices and completing water quality improvement projects. Staff will help identify habitat restoration opportunities on marginal farmland and provide technical expertise. Program elements may include: • Outreach and education, including demonstration projects and on-farm workshops; Page 358 of 450 • Incentives for implementing agricultural best management practices such as nutrient management projects, livestock exclusion fencing, and erosion control projects; and • Supporting agricultural stewardship initiatives in the watershed. Urban Stewardship Program This updated, expanded program builds upon previous successful community engagement activities (e.g., pollinator gardens, community tree plantings, and Yellow Fish Road program) to facilitate and encourage environmental action. Existing initiatives and partnerships will be strengthened through new approaches to build resilience to climate change in urban areas while increasing volunteerism and inspiring greater action. The program will seek to engage youth, residents, community organizations, Indigenous groups, corporations/businesses, and municipal partners in improving nature, increasing biodiversity, and growing the urban tree canopy. Program elements may include: • Small-scale habitat projects (e.g., pollinator gardens); • Naturalization of community parks; • Rain gardens and other engaging green infrastructure demonstration projects; • Community/schoolyard/backyard tree plantings; • Stream/park cleanups; • Incentive for residents/homeowners to plant native species; and • Outreach and education to build awareness and inspire action. Corporate Stewardship Program The corporate stewardship program will focus on creating opportunities for private corporations and businesses to engage their staff in meaningful environmental initiatives to fulfill their corporate social responsibility goals, including reducing their environmental footprint. Activities may include invasive species removal, stream/park cleanups, tree plantings, pollinator garden planting/weeding, habitat structure building. The program will be based on a fee-for-service model to recoup costs and may be implemented in collaboration with the Niagara Peninsula Conservation Foundation. Program Integration The Watershed Restoration and Stewardship Program will collaborate with staff across several NPCA divisions. The program will aim to integrate with established and emerging business areas to work Page 359 of 450 effectively and efficiently. Specific focus will be placed on collaborating with internal teams that have functional dependencies including conservation area lands, conservation area programs and services, land care, land planning, watershed monitoring and reporting, climate change and special programs, and watershed strategies. Examples include: • Providing landowner leads to securement outreach areas; • Integrating updated monitoring data into restoration project prioritization; • Implementing a monitoring project in a key location to showcase the benefits and impact of agriculture stewardship and restoration activities; • Maintaining a database of restoration and stewardship opportunities on NPCA lands; and • Creating outreach materials specific to planning/permitting applications to build awareness and encourage the use of native plants in restoration areas and low impact development projects or street tree plantings. Financing Considerations Apart from restoration activities on NPCA-own lands, the Watershed Restoration and Stewardship Program is considered a non-mandatory program or service under the Conservation Authorities Act (i.e., Category 2 or 3) and will need to be partially funded through service-level agreements with municipal partners or with external funding (Table 2). A Watershed-based Resource Management Strategy, to be developed in 2023 as part of recent changes to the Conservation Authorities Act through Bill 229 and associated regulations, will assist NPCA with evolving and enhancing its programs and services to address or manage local watershed triggers, issues or risks. The Watershed-based Resource Management Strategy will include identifying category 2 and 3 programs and services, with cost estimates, that are recommended to support the delivery of mandatory programs and services. Funding approaches to implement the Watershed Restoration and Stewardship Program will be combined with external grants and innovative approaches to leverage various sources of funding for restoration and stewardship programs. For example, the NPCA will continue to work with Ducks Unlimited Canada to complete wetland restoration projects throughout the watershed. Future costs will be determined by the scope of the program, staffing requirements and uptake and interest by partners and funders. Additional potential funding sources include: • Partners: working with a mix of existing and new partners to fund and complete projects that meet our shared goals. Page 360 of 450 • Grants and external funding: leveraging the NPCA’s newly established Grant Centre, external funding sources will be targeted to help support projects in all programming and service areas. • Program sponsorship: A previously unexplored opportunity, the NPCA will investigate the viability of program and initiative sponsorship from corporations and other organizations. • Niagara Peninsula Conservation Foundation (NPCF): collaborating with the NPCF to increase funding for restoration and stewardship initiatives through donations and giving programs. • Fee-for-service: leveraging the NPCA’s skills and expertise to increase self-generated revenue through the Watershed Restoration Services and Corporate Stewardship programs. • Conservation Impact Bond (CIB): an innovative financial tool to address the conservation funding gap and create healthy landscapes in the spirit and practice of reconciliation with Indigenous communities. The NPCA is currently exploring opportunities to create a Niagara Peninsula CIB that could fund habitat restoration projects. Table 2. Description of the mandatory and non-mandatory programs and services as required by the Conservation Authorities Act (2020). CA Act Description Category 1 Mandatory programs and services as identified in Ontario Regulation 686/21 that can be funded through a municipal levy. Category 2 Municipal programs and services provided at the municipality's request. These programs can be funded through government and other agency grants and/or municipal funding under a memorandum of understanding (MOU) or agreement with the municipality. Category 3 Other programs and services that an Authority (Board) determines are advisable. These programs can be funded through self-generated revenue, user fees, government and other agency grants, donations, etc. Any use of municipal funding will require an agreement and would be subject to cost apportioning. CONCLUSION & RECOMMENDATIONS This integrated program provides the framework for the NPCA to respond to existing and emerging opportunities, engage the watershed community in restoring and stewarding the local environment, and provide conservation leadership in the watershed. It provides a set of land cover targets to guide the NPCA to achieve its goals set out in the 2021-2031 strategic plan of restoring and enhancing natural habitat, water resources and forest cover by increasing the total amount of land restored. Page 361 of 450 Through this increased capacity program, the NPCA will strengthen its ability to effect positive change in the watershed. This framework creates structure and flexibility to embrace existing and forthcoming challenges and prepares the NPCA to take on even greater targets in the future. The following is a list of recommended next steps: • Develop and formalize program offerings including staff and financial resource allocations, program details and targets, work plan, and performance measures. • Seek Board approval for new and updated program offerings for a 2024 launch. • Determine cost estimates for achieving watershed restoration and stewardship targets to inform program costing for financial discussion with municipal partners in 2023. • Update current Restoration Grant Program guidelines in anticipation of 2024 launch of Private Landowner Grant Program. • Collaborate with NPCA staff to formalize Internal Restoration Services, including an inventory of restoration opportunities on NPCA lands. • Use the established fee for services within the NPCA fee schedule to develop a framework for watershed restoration services and corporate stewardship in collaboration with finance, conservation area services, and Niagara Peninsula Conservation Foundation. REFERENCES Environment Canada. 2013. How Much Habitat Is Enough? Third Edition. Environment Canada, Toronto, Ontario. Lysyk, B. 2018. Special Audit of the Niagara Peninsula Conservation Authority. Queen’s Printer for Ontario. Toronto, Ontario. Niagara Peninsula Conservation Authority. 2010. Natural Areas Inventory 2006-2009, Volume 1. Available online. Niagara Peninsula Conservation Authority. 2011. Nature for Niagara’s Future. Available online. Niagara Peninsula Conservation Authority. 2022. Water Quality Monitoring Program Summary Report for the Year of 2021. Available online. Page 362 of 450 15 APPENDIX 1 - PROGRAM AND SERVICES SUMMARY Program/Service Links to NPCA strategic plan Key Performance Indicators Sample Metrics Description Delivery Method Category Potential Funding Sources Internal Restoration Services 1.3, 2.3, 3.2, 4.2, 5.4, 6.2 Ha of restored area # of trees planted #ha forest restored #ha of stream area restored #ha of wetland restored # of volunteers engaged Implementation of restoration projects as per Conservation Area Land Management Plans Including tree planting, habitat Improvement projects, shoreline management, invasive species management, and water quality improvement and compensation projects. NPCA Staff/ NPCA Coordinated Volunteers/ Corporate Volunteers 1 Levy, Grants, Partners, NPCF, Fee-for-service, Grants 1.3, 1.4, 2.2, 2.3, 5.4 Restoration support for internal initiatives including Conservation Area Management Plans, Land Securement, inventory restoration opportunities, planning/ compliance review, climate focused initiatives (e.g., seed collection) NPCA Staff 1, 3 Levy, Fee-for- service, Grants, NPCF Watershed Restoration Services 1.3, 2.2, 4.1, 4.2, 6.2 Ha of restored area # of trees planted #ha forest restored #ha of stream area restored #ha of wetland restored Lead and support external ecological restoration projects, plans and strategies with municipal and private partners, including habitat creation and enhancement projects, Class Environmental Assessment (EA) flood and erosion control projects, invasive species management, and other fee-for-service opportunities. NPCA Staff /NPCA Coordinated Volunteers 2, 3 MOU/SLA, Partner, Grants, NPCF Private Land Restoration Grant Program 1.3, 2.3, 4.1, 4.2 Ha of restored area # of trees planted #ha forest restored #ha of stream area restored #ha of wetland restored Updated version of the Restoration Grant Program, continues history of restoration work with private landowners; however, the grant categories will be focused on improving habitat, biodiversity, water resources and forest cover. The updated program will be positioned to significantly increase natural land cover in the watershed and provide co-benefits of improved water quality. The agricultural components of the existing grant program will be separated into their own program to build additional capacity and expertise. NPCA Staff, Environmental Non- Governmental Organizations 3 MOU/SLA, Grants, Partners, Sponsor, NPCF Agriculture Stewardship Program 1.3, 2.3,3.2, 4.1, 4.2 Surface water quality including total suspended solids and total phosphorus # ag. BMP projects completed # program participants A focused approach to working with agricultural communities with an emphasis on best management practices, water quality improvement projects, outreach & education, promoting habitat restoration opportunities, and providing technical expertise to the agricultural community. NPCA Staff/ Landowners 3 MOU/SLA, Grants, Partner, Sponsor, NPCF Urban Stewardship Program 1.3, 2.3, 3.2, 4.1, 4.2 # of habitat projects completed # of native trees # herbaceous plants # volunteers engaged # events Formalize existing initiatives and develop new approaches to encourage resilience to climate change while increasing volunteerism and inspiring larger action. Program elements may include small-scale habitat projects, community park naturalization, rain gardens and other demonstration projects, schoolyard greening, and stream/park cleanup as well as increasing the urban tree canopy cover especially in vulnerable, low nature areas. NPCA Staff/ NPCA Coordinated Volunteers 3 MOU/SLA, Grants, Partners, Sponsor, NPCF Corporate Stewardship Program 1.3, 2.3, 3.2, 4.2, 6.2 Ha of restored area # of volunteers engaged Focus on creating opportunities for private corporations and businesses to engage their staff in fulfilling their corporate social responsibility goals, including reducing their environmental footprint. Activities may include invasive species removal, stream/park cleanups, tree plantings, pollinator gardens, habitat structure building. Corporate volunteers 3 Fee-for-service Page 363 of 450 Page 364 of 450 234-2022-6136 December 22, 2022 Dear Head of Council: Ontario’s housing supply crisis is a problem which has been decades in the making. It will take both short-term strategies and long-term commitment from all levels of government, the private sector, and not-for-profits to drive change. Each entity will have to do their part to be part of the solution. To help support this important priority, I am pleased to provide you with an update on recent legislative and regulatory changes our government has made to help get 1.5 million homes built over the next 10 years. Bill 109, the More Homes for Everyone Act, 2022 Bill 109, the More Homes for Everyone Act, 2022, was introduced on March 30, 2022 and received Royal Assent on April 14, 2022. As part of the government’s More Homes for Everyone Plan, Schedule 5 of Bill 109 made changes to the Planning Act. Consequential changes were also made to the City of Toronto Act, 2006. Most of the Planning Act changes are now in effect except for the zoning and site plan control fee refund provisions, which are due to come into force on January 1, 2023. However, I am committed to bringing forward legislation to delay the effective date of the fee refund changes from January 1, 2023 to July 1, 2023. These legislative changes would be introduced in the new year. In the event that any fee refunds become due to applicants before these legislative changes are made, municipalities might consider not issuing refunds in the interim given my express commitment to introduce legislation that, if passed, would retroactively cancel the requirement. You can find more information about Bill 109 on the Environmental Registry of Ontario (019-5284), and the Ontario Legislative Assembly website. …/2 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000 Page 365 of 450 -2- Bill 23, More Homes Built Faster, 2022 Bill 23, the More Homes Built Faster Act, 2022, was introduced on October 25, 2022, and received Royal Assent on November 28, 2022. To support More Homes Built Faster: Ontario’s Housing Supply Action Plan: 2022– 2023, Schedule 9 of Bill 23 made changes to the Planning Act. Schedule 1 of Bill 23 also made similar changes to the City of Toronto Act, 2006 related to site plan provisions. Schedule 3 of Bill 23 made changes to the Development Charges Act. The planning-related and municipal development-related charges changes came into force on November 28, 2022, except for provisions related to removal of planning responsibilities from certain upper-tier municipalities, certain provisions related to parkland dedication, and exemptions from municipal development-related charges for affordable and attainable housing, which will come into force on a day in the future to be named by proclamation. Provisions related to Conservation Authorities will take effect January 1, 2023. Bill 23 also made changes to legislation led by other ministries. Please see Appendix A for an overview of the effective dates of the Bill 23 changes by schedule. You can find more information about Bill 23 on the Environmental Registry of Ontario (019-6163), and the Ontario Legislative Assembly website. Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better Municipal Governance Act, 2022 Bill 3, the Strong Mayors, Building Homes Act, 2022, was introduced on August 10, 2022, and received Royal Assent on September 8, 2022. Bill 3 and associated regulations (O. Reg. 529/22 and O. Reg. 530/22) came into force on November 23, 2022. Bill 39, the Better Municipal Governance Act, 2022, was introduced on November 16, 2022, and received Royal Assent on December 8, 2022. Bill 39, amendments to associated regulations (O. Reg. 581/22 and O. Reg. 583/22), and additional regulations to prescribe provincial priorities (O. Reg. 580/22 and O. Reg. 582/22) came into force on December 20, 2022. Additional details can be found in Appendix B and on the Ontario Legislative Assembly’s website (Bill 3 and Bill 39). Sincerely, Steve Clark Minister c: Chief Administrative Officer Page 366 of 450 Appendix A Effective Dates for Bill 23, the More Homes Built Faster Act, 2022 Schedule Effective Date Schedule 1: City of Toronto Act, 2006 All of the changes in Schedule 1 (City of Toronto Act) came into force on the day the bill received Royal Assent. Note: The legislative changes to the City of Toronto Act include amendments that give the Minister of Municipal Affairs and Housing authority to make regulations imposing limits and conditions on how municipalities can regulate the demolition and conversion of residential rental properties of six units or more. No regulations have been made at this time. Schedule 2: Conservation Authorities Act Changes in Schedule 2 (Conservation Authorities Act) came into force the day the bill received Royal Assent, except for: • On January 1, sections related to streamlining disposition of lands for CAs comes into force which would allow CAs to sell or lease land without Minister’s approval provided they follow rules around public consultation and notifications. • Also on January 1, sections that enable the Minister’s ability to issue direction to freeze fees and ability to scope CA commenting on development applications and land use planning policies through regulation, would come into force but only have effect when the Minister issues direction on fees or if a regulation prescribing Act under which CA commenting roles is restricted is made. • Changes related to CA permitting (including removal of “conservation of land” and “pollution”, adding “unstable soil and bedrock”, regulation making powers to exempt development from a CA permit where it has been authorized under the Planning Act, etc.) take effect on a later date (upon proclamation) once a new regulation under Section 28 of the CA Act is in effect. MNRF continues to consult on that regulation through the Environmental Registry (#019-2927). Schedule 3: Development Charges Act, 1997 All of the changes in Schedule 3 (Development Charges Act) came into force on the day the bill received Royal Assent, with the exception of provisions relating to development charge exemptions for affordable and attainable housing units, which would take effect upon proclamation. Schedule 4: Municipal Act, 2001 All of the changes in Schedule 4 (Municipal Act) came into force on the day the bill received Royal Assent. Note: The legislative changes to the Municipal Act give the Minister of Municipal Affairs and Housing authority to make regulations imposing limits and conditions on how municipalities can regulate the demolition and conversion of residential rental properties of six units or more. No regulations have been made at this time. Schedule 5: New Home Construction Licensing Act, 2017 Many of the amendments in Schedule 5 (New Home Construction Licensing Act) came into force on the day the bill received Royal Assent. The amendments regarding the maximum fine that a court may impose for a subsequent conviction, as well as most of the amendments related Page 367 of 450 Schedule Effective Date to administrative penalties, will come into force on February 1, 2023. Schedule 6: Ontario Heritage Act Most of the amendments to the Ontario Heritage Act (OHA) made through the bill will be proclaimed into force on January 1, 2023. These include: • The new authorities under Part III.1 of the Act that relate to the Standards and Guidelines for Conservation of Provincial Heritage Properties. • Most of the changes to procedures related to municipal registers, including the process and requirements around inclusion of non- designated properties on the municipal registers. However, the requirement for municipalities to make their municipal registers available on a publicly accessible website will not come into force until July 1, 2023 to provide municipalities with time to ensure compliance. • Limiting the ability to issue a Notice of Intention to Designate a property subject to a prescribed event to only those properties included on a municipal register. • The authority to prescribe criteria for determining cultural heritage value or interest for the purposes of including non-designated properties on the municipal register and designating a Heritage Conservation District (HCD). • The authority to set out processes to amend and repeal HCD bylaw in regulation. Note, the Ministry of Citizenship and Multiculturalism will consult on the development of these processes to be set out in regulation in 2023. Regulatory amendments to O.Reg. 9/06: Criteria for Determining Cultural Heritage Value or Interest will also come into force on January 1, 2023. These changes establish that non-designated properties included on a register must meet one or more of the criteria outlined in the regulation, and that individual properties and HCDs must meet two or more of the criteria included in the regulation in order to be designated. The regulation also includes transitionary provisions to address matters underway at the time of the changes coming into force. The outstanding amendments to the OHA made through Bill 108, the More Homes, More Choice Act, 2019, will also be proclaimed into force on January 1, 2023. The amendments speak specifically to the demolition or removal of an attribute that is not a building or structure within an HCD. Regulatory amendments to O.Reg. 358/21: General will come into force on January 1, 2023. These amendments include consequential housekeeping amendments and transition provisions related to the above legislative amendments coming into force. Bill 23 included some minor housekeeping amendments to the OHA that came into force upon Royal Assent. These included repealing the alternative definition of “alter”. Schedule 7: Ontario Land Tribunal Act, 2001 The changes in Schedule 7 (More Homes Built Faster Act, 2022) will come into force on proclamation. Page 368 of 450 Schedule Effective Date Schedule 8: Ontario Underground Infrastructure Notification System Act, 2012 The changes in Schedule 8 (Ontario Underground Infrastructure Notification System Act, 2012) came into force on the day the bill received Royal Assent. Schedule 9: Planning Act The changes in Schedule 9 (Planning Act) all came into force on the day the bill received Royal Assent, with the following exceptions: • provisions related to removal of planning responsibilities from certain upper-tier municipalities, which would come into force on a day to be named by proclamation. • provisions related to the exemption of community benefits charge and parkland dedication requirements for affordable and attainable housing units • provisions related encumbered land to be conveyed to municipalities by developers for park or other recreational purposes • provisions related to Conservation Authorities (linked to the changes in Schedule 2) will take effect January 1, 2023 Schedule 10: Supporting Growth and Housing in York and Durham Regions Act, 2022 Except as otherwise provided, the Act set out in Schedule 10 came into force on the day bill received Royal Assent. • Sections 7 to 10, subsection 11 (5) and section 14 come into force on a day to be named by proclamation of the Lieutenant Governor. Once in force, these sections will require a prescribed municipality to develop, construct, and operate the Lake Simcoe phosphorus reduction project and allow the Ontario Clean Water Agency to undertake some or all of that project if ordered to do so by the Lieutenant Governor in Council. The project will also be exempt from the Environmental Assessment Act. • Subsection 85 (1) comes into force on the later of the day subsection 44 (1) of this Act comes into force and the day section 2 of Schedule 5 to the Accelerating Access to Justice Act, 2021 comes into force. Subsection 85 (1) makes consequential changes to the Act arising out of changes to the Expropriations Act in respect of alternative hearings processes. • Subsection 85 (2) comes into force on the later of the day section 61 of this Act comes into force and the day section 42 of Schedule 4 to the Comprehensive Ontario Police Services Act, 2019 comes into force. Subsection 85 (2) makes consequential changes to the Act arising out of the Comprehensive Ontario Police Services Act, 2019 consistent with other Ministry of the Environment, Conservation and Parks legislation. The change would allow a person undertaking an inspection to obtain the assistance of the local police force rather than the Ontario Provincial Police Force. Page 369 of 450 Appendix B Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better Municipal Governance Act, 2022 As a result of Bills 3 and 39, changes were made to the Municipal Act, 2001, City of Toronto Act, 2006 and the Municipal Conflict of Interest Act, and regulations were established to give the mayors in Toronto and Ottawa strong mayor powers to help advance shared provincial-municipal priorities, including building new homes. These powers include: • Choosing to appoint the municipality’s chief administrative officer, • Hiring certain municipal department heads, and establish and re-organize departments, • Creating committees of council, assigning their functions and appointing the Chairs and Vice-Chairs of committees of council, and • Proposing the municipal budget, subject to council amendments and a head of council veto and council override process. The mayors of Toronto and Ottawa can also use strong mayor powers related to provincial priorities. These include: • Vetoing certain by-laws if the mayor is of the opinion that all or part of the by-law could potentially interfere with a provincial priority, • Bringing forward matters for council consideration if the mayor is of the opinion that considering the matter could potentially advance a provincial priority, and • Proposing certain municipal by-laws if the mayor is of the opinion that the proposed by- law could potentially advance a provincial priority. Council can pass these by-laws if more than one-third of council members vote in favour. The provincial priorities for the purposes of strong mayor powers are prescribed in O. Reg. 580/22 and O. Reg. 582/22 and they are: 1. Building 1.5 million new residential units by December 31, 2031. 2. Constructing and maintaining infrastructure to support housing, including, transit, roads, utilities, and servicing. Page 370 of 450 234-2022-5422 January 4, 2023 Dear Heads of Council, I’m pleased to share an update on key initiatives underway at my ministry to help meet our government’s goal of building 1.5 million new homes over the next 10 years. The legislature recently passed our government’s More Homes Built Faster Act, 2022 which takes bold action to ensure that all communities can grow with a mix of ownership and rental housing types to meet the needs of all Ontarians. Our government knows that building inspectors play a critical role in ensuring that new homes meet the public safety requirements set out in Ontario’s Building Code. However, the capacity of municipal building departments has been impacted by recruitment challenges and the increasing number of building inspectors retiring from the profession. That’s why, earlier this year, we took action to help municipalities address labour supply shortages in the building sector by amending the Building Code to provide a new model for municipal building departments to design and administer internship programs for building inspectors. Effective July 1, 2022, municipal building departments can establish program entry criteria for interns that meet their own local recruitment and enforcement needs. This new internship model supports public safety by continuing to require that a qualified building inspector or Chief Building Official supervises the work of interns. The interns must also pass ministry technical and legal exams before being able to practice independently as building inspectors. In the coming months, the ministry will develop guidance materials to support municipalities that are interesting in launching local programs to recruit new intern building inspectors. We look forward to working with municipalities to implement local internships. Additionally, the ministry has engaged a consultant to identify opportunities for enhancements to the qualification program for building practitioners. We are seeking input from the public, including municipalities, building inspectors, designers, septic installers and building professionals not regulated by the ministry. This feedback will help guide future decisions on new approaches to qualification. For more information and to review the discussion paper, please visit the Environmental Registry of Ontario (ERO) website at https://ero.ontario.ca/notice/019-6433. …/2 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000 Page 371 of 450 -2- In addition to this ongoing work, the ministry is modernizing the provincial Qualification and Registration Tracking System (QuARTS). QuARTS is used by over 7,000 building practitioners to update their qualification and registration information online and to help the government regulate safety and compliance in the Ontario building industry. Modernizing QuARTS will create a more efficient and user-friendly system, allowing building officials to spend more time on the important task of reviewing and issuing building permits to support the government’s key priority of increasing housing stock. Finally, the ministry made the 2012 Building Code Compendium freely available in Adobe PDF format through the website (https://www.ontario.ca/page/request-digital-copy-2012- building-code-compendium). Since its launch in March 2022, the ministry has provided free copies to over 5,000 building professionals to reduce barriers and help accelerate the construction of new homes across the province. This initiative has enabled inspectors to access Building Code requirements while performing their work onsite in a more convenient format. Additionally, candidates studying for the ministry’s exams are able to access and learn Building Code content in an easy to navigate, user-friendly manner. As part of the plan to build 1.5 million homes over the next 10 years, the government looks forward to continuing consultations with municipalities, the building industry and the public)to investigate further changes to Ontario’s Building Code in order to create more housing and support public safety. If you are interested in learning more about any of the ministry’s initiatives related to the transformation of Building Code services in Ontario, please contact us at BuildingTransformation@ontario.ca. Thank you for your continued partnership as we work together to get more homes built faster for all Ontarians. Sincerely, Steve Clark Minister c: Municipal Clerks Page 372 of 450 1 To: Conservation authorities and participating municipalities, Conservation Ontario and the Association of Municipalities of Ontario From: Jennifer Keyes, Director Date: December 28, 2022 Subject: Legislative and regulation changes affecting conservation authorities Good afternoon, I am writing to provide you with information on amendments to the Conservation Authorities Act made as part of the More Homes Built Faster Act, 2022, as well as two regulations that have been approved by the province in support of Ontario’s Housing Supply Action Plan, both of which will come into effect on January 1, 2023. In addition, the Minister of Natural Resources and Forestry has issued a direction regarding fees that will be distributed separately from this letter. A notice will be posted to the Environmental Registry of Ontario (ERO) in the coming weeks regarding these decisions. Legislative Amendments As you are likely aware, the More Homes Built Faster Act, 2022 was passed this Fall, receiving Royal Assent on November 28, 2022. Several changes were made to the Conservation Authorities Act that are intended to further focus conservation authorities on their core mandate, support faster and less costly approvals, streamline conservation authority processes, and help make land suitable for housing available for development . Notably, one part of the More Home Built Faster Act, 2022 which came into effect upon Royal Assent were changes to Section 28.0.1 of the Conservation Authorities Act, which include provisions to require a conservation authority to issue a permission or permit where a Minister’s Zoning Order has been made under section 47 of the Planning Act. This section was amended to also apply to orders made under section 34.1 of the Planning Act, otherwise known as the “community infrastructure and housing accelerator” tool, in addition to some other minor changes. Other changes, which will come into effect on January 1, 2023, include: Ministry of Natural Resources and Forestry Resources Planning and Development Policy Branch Policy Division 300 Water Street Peterborough, ON K9J 3C7 Ministère des Richesses naturelles et des Forêts Direction des politiques de planification et d'exploitation des ressources Division de l’élaboration des politiques 300, rue Water Peterborough (Ontario) K9J 3C7 Page 373 of 450 2 • Updates to Section 21 of the Act so that a disposition of land in respect of which the Minister has made a grant under section 39 requires authorities to provide a notice of the proposed disposition to the Minister instead of requiring the Minister’s approval. Authorities will also be required to conduct public consultations before disposing of lands that meet certain criteria. • Sections 21.1.1 and 21.1.2 of the Act which provide that authorities may not provide a program or service related to reviewing and commenting on proposals, applications, or other matters under prescribed Acts. • A new section 21.3 that enables the Minister to issue temporary direction to a conservation authority preventing the authority from changing the amount of a fee it charges under subsection 21.2 (10) of the Act. Remaining legislative changes regarding conservation authority development regulations will not come into effect until proclaimed, following the creation of a new Minister’s regulation with supporting regulatory details. This regulation is currently being consulted on until December 30th on the ERO, #019-2927: Proposed updates to the regulation of development for the protection of people and property from natural hazards in Ontario . New Regulatory Requirements Following the passing of these legislative amendments, the government has proceeded with making two regulations, both of which will come into effect on January 1, 2023. Amendments were made to Ontario Regulation 686/21: Mandatory Programs and Services to require conservation authorities to identify conservation authority lands suitable for housing. This requirement is part of the preparation of the land inventory required to be completed by conservation authorities by December 31, 2024, and certain considerations for identifying whether or not lands are suitable for housing are listed. A new Minister’s regulation (Ontario Regulation 596/22: Prescribed Acts – Subsections 21.1.1 (1.1) and 21.1.2 (1.1) of the Act) was also made to focus conservation authorities’ role when reviewing and commenting on proposals, applications, or other matters related to development and land use planning. Under this regulation, conservation authorities are no longer able to provide a municipal (Category 2) or other (Category 3) program or service related to reviewing and commenting on a proposal, application, or other matter made under the following Acts: • The Aggregate Resources Act • The Condominium Act, 1998 • The Drainage Act • The Endangered Species Act, 2007 • The Environmental Assessment Act • The Environmental Protection Act • The Niagara Escarpment Planning and Development Act • The Ontario Heritage Act • The Ontario Water Resources Act • The Planning Act Page 374 of 450 3 This regulation does not affect conservation authorities’ provision of mandatory programs or services (Category 1) related to reviewing and commenting on a proposal, application, or other matter made under those Acts. An administrative update to the “Determination of Amounts Owing Under Subsection 27.2 (2) of the Act” regulation (O. Reg. 401/22) was also made to update the methods of determining amounts owed by specified municipalities for operating expenses and capital costs related to mandatory the Clean Water Act, 2006 and Lake Simcoe Protection Act, 2008 programs and services to enable use of a benefit-based apportionment method. I appreciate that with these most recent amendments, along with changes made over the last number of years, this is a time of significant transition for conservation authorities and their member municipalities. Throughout this time, conservation authorities have continued to deliver on their important roles in protecting people and property from natural hazards, conserving and managing lands, and drinking water source protection. The ongoing efforts of conservation authorities to implement these changes is acknowledged, including initiatives led by conservation authorities and Conservation Ontario that have contributed to the Government’s objectives of improving accountability and transparency and supporting timely development approvals to help address Ontario’s housing supply crisis. If you have any questions, please reach out to the Ministry of Natural Resources and Forestry at ca.office@ontario.ca. I look forward to working with you in the coming year. Sincerely, Jennifer Keyes Director, Resources Planning and Development Policy Branch Ministry of Natural Resources and Forestry Page 375 of 450 Dear Mayor, My name is Robert Osborne, I live in my house with my wife Elaine. We are senior citizens in our 70s. We live on our pensions on a fixed income, which we get along fairly well. I have been disabled the last 2 years. This keeps me house and wheelchair bound. I just want to state this proposal does not benefit us in anyway, I just want to help all these people’s needs. You can see I can’t do this on my own. I need your help to implement this proposal across Ontario. With this money put into a separate fund to help all the missions, food banks and shelters out. Please help! Thank you The “Old Amateur Poet” Bob Page 376 of 450 Maple Leaf Tax I’d like to propose a new tax Of twelve dollars once a year For you to see That would be added to our property taxes In twenty twenty-three. If this could be passed through council For sure, without a doubt, The needy and our foodbanks Would certainly be helped out. Now, if this was proven To be a success someway, Every mayor in Ontario Could adopt these caring ways. Imagine all the needy and homeless Living on the big city streets, Their missions and foodbanks Would have plenty for them to eat. You take a city with a population With a million-plus-some, There could be more shelters Built from out of these funds. We know when we’re in our homes On a cold winter’s night, The needy and homeless- They will be alright. Robert Osborne 36 Morton St. PO Box 207 Cobden ON K0J 1K0 613-646-2494 P.S. Please phone me with your decision. Thank you Page 377 of 450 Please do not disrespect them, And don’t dare you condemn, just be thankful it’s not us instead of one of them. This idea could go across Canada From coast to coast. With kindness, love and care And all the recognition to our Canadian councilors and Mayors. With our care and love to all mankind This is the greatest legacy we all can leave behind When you do the math, you will see the sense It equals out weekly to less than 25 cents. There is one last thing I’d like to say, and I’ll be brief, Bless all Canadians Under our flag the Maple Leaf. Yours truly, Maple Leaf Tax, The Old Amateur Poet Page 378 of 450 LEGAL NOTICES COPYRIGHT © 2022 by Robert Osborne. NO RIGHT TO COPY OR DISTRIBUTE MATERIALS. You agree that you will not copy, distribute, edit, change in any way, commercially use, market, or exploit any materials found in this document without Robert Osborne’s express written permission. Permission may be withheld at Robert Osborne’s sole discretion. COPYRIGHT. This document is protected by copyright law and may not be copied or imitated in whole or in part, nor may it be retransmitted without the express written permission of Robert Osborne. Page 379 of 450 A Great City … For Generations to Come RECREATION, CULTURE & FACILITIES Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Rob McDonald, Manager of Arenas & Athletic Fields Date: January 17, 2023 Re: Tennis Dome Partnership with the Tennis Clubs of Canada The City of Niagara Falls has been approached by the Tennis Clubs of Canada (TCC) to partner on an air inflated tennis dome. The John N. Allan Park tennis courts have been identified as an ideal location for this seasonal partnership opportunity. The Niagara Region population is 484,000 and growing. Tennis Canada suggests 1 indoor tennis court per 10,000 people. The Niagara Region currently only has 10 indoor tennis courts, none of which are in Niagara Falls. The TCC has over 40 years of experience in partnering with municipalities to provide indoor tennis for its residents. The opportunity to partner with the TCC has been reviewed by staff and there are many positives to such an endeavor: No cost to the City for the infrastructure required for the dome installation, operation & maintenance. Provides year-round opportunities for tennis and other sports. Extends the life of the existing courts by covering them from the winter elements. A rent is charged by the City of Niagara Falls for each year, amount to be negotiated but expected to be in the $10,000 - $15,000 range per year of new revenue. City staff have met with the TCC a number of times and has visited one of their sites in Milton, Ontario. The annual schedule would be to install the dome on October 1st so that the courts can be used all winter and the dome would be taken down on April 30th to allow residents free access during the spring and summer months. There are a few upgrades that would be required of the City; asphalt the existing stone parking lot and add parking lot lighting. Costs for these upgrades are presently unbudgeted, and have yet to be estimated. The TCC is excited about the opportunity to not only provide tennis and pickleball at the indoor facility, but to also work with the cricket users in Niagara. John N. Allan Park is home to the City’s only cricket pitch and the demand for field and training time is increasing every year. The cost to the users will be determined once an agreement is prepared between the City of Niagara Falls and TCC. There are various fees for booking courts including seasonal memberships, resident rates and the opportunity for those that are not members to also book Page 380 of 450 A Great City … For Generations to Come the facility. The TCC offers a wide range of programs, camps, tournaments for players of all ages. The City would enter into a license agreement for the TCC to utilize the courts during the indoor season, over a contracted period of 20 years. Staff are prepared to begin community engagement to inform residents of this opportunity. We are aware that the courts are occasionally used between October and May so we would promote another location that can continue to be used during these months outdoors at no charge. Staff will prepare a full report to Council with more detail in the coming months. cc: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities cc: Erik Nickel, General Manager of Municipal Works Page 381 of 450 9%NIAGARAFALLSTOURISM January 16,2023 Mr BillMatson,City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Dear Mr Matson APPOINTMENTOF A COUNCILLORTO NIAGARAFALLSTOURISM BOARD It has come to my attention that there may have been out—of—dateinformation used for the recent City Committee appointment process and I would like to confirm the NFT Board make—upwith documentation from Niagara Falls Tourism. On March 6,2020,the bylaws of Niagara Falls Tourism were amended by unanimous motion of the Board,subsequently ratified at the organization's AGM,to reflect a revised Board make-up resulting from resignations/withdrawals.A copy of the amendments is attached,along with the Board list of Directors most recently approved Sept 23,2021. As per the revised Bylaw,the City of Niagara Falls has one Board seat for a Counci||or—currently filled by Councillor Wayne Thomson. Should you have any questions or direction from Council on this matter,please let me know. Sincerely J ice Thomson President &CEO ($315 Stanley AveNiagaraFallsOntarioCanadaL2G3Y9l\/I:905 6S1—6438P:905 3596061F:905 3565567jthomson@niagarafa||stourism.comPage 382 of 450 GAR.A’& FALL5 W March 6,2020 PROPOSEDAMENDMENTSTO GENERALBY—LAW -To reflect resignation of City representative from appointed Board seat: Amend clause 7.2.1,"to be represented by one (1)OfficialRepresentative;and” Amend clause 10.5.1 by removing words,”the Mayor and one (1)additional Councillor". Replace with ”A Councillor" 0 To reflect withdrawal of NFCHArepresentatives from appointed Board seats: Remove clause 7.2.5 "Niagara Falls Canada Hotel Association Inc.which is automatically entitled to membership in the Association and to be represented by two (2)Official Representatives" Remove reference in Clause 10.5.1:"two (2)Official Representatives,appointed by the Niagara Falls Canada Hotel Association lnc." 0 To reflect resignation of TPN representative from non»voting Board seat: Remove clause 10.5.3 (b) ”b)The President of The Tourism Partnership of Niagara" Passed unanimously at a Board meeting held March 6,2020.Page 383 of 450 a?NIAGARAFALLSTOURISM NFT BOARDOF DIRECTORS—No changes required for AGM CURRENTLISTREVIEWEDBYNOMINATINGCOMMITTEEMARCH 6,2020 (*Updated July 20/20)and September 2,2021.Approved at Sept 23,2021 AGM for two year appointments —fiscal 2022 and 2023 BOARDREVIEW:Class G,Person/Organization/Business May 21,2020 Class B,Lundy's Lane BIA July 27,2020 Full list for presentation at AGM Sept 17,2021 Full list,confirming no changes April 26,2022 VOTING DIRECTORS:15 in total Board Sector It of Individual Name Representation seats Class A Fallsview BIA 2 Jim Graham Leigh Roszell Class B Lundy's Lane BIA 2 Tish DiBellonia Paul Cade Class C Victoria Centre BIA 2 Anthony LaPenna Eric Marcon Class D Clifton HillBIA 2 Anna DiCienzo Joel Noden Class E Food &Beverage 1 Ann Marie Nitsopoulos Class F Attraction 1 Mory DiMaurizio,Niagara City Cruises Class G Person/Organization/Business 1 Frank Dicosimo,Maple Leaf Place City of Niagara Falls 1 Councillor Wayne Thomson Niagara Parks Commission 1 Lisa Serada Niagara Convention &Civic Centre 1 Noel Buckley Niagara Gaming Bundle 1 Jennifer Ferguson NON-VOTING DIRECTORS:Sin total Non—Voting Board Representative Individual Name President &CEO,Niagara Falls Tourism Assoc.Janice Thomson Executive Director,Niagara Falls Chamber of Commerce Dolores Fabiano G815 Stanley Avel\ll‘dglll’ElFallsOr1i,ai'io(‘,zmatIaI,2(-I BYE)I’:905 3566061I3:905 3565567niagarafaIlst0uI'Ism.com Senior Administrator,Fallsview BIA Sue Mingle Senior Administrator,Lundy's Lane BIA David Jovanovic Senior Administrator,Victoria Centre BIA Tim ParkerPage 384 of 450 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Niagara Chair-A-Van From: Sandy Bird < Sent: Thursday, December 29, 2022 1:23 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Niagara Chair-A-Van Sent from Mail for Windows I am sending the Mayor and Counsellor’s a brief overview of Niagara Chair-A-Van as it being discussed at the Next Council Meeting. 1976 a group of concerned citizens which consisted of Disabled and Senior’s formed a committee to look into the possibility to establish a accessible transportation. Forward to 1977 and the service was realized only running in Niagara Falls St. John Ambulance were employed to book appointments and the hiring of drivers The City was responsible for the purchasing and upkeep of the vans. It started with 2 vans that ran from 8a.m. to 4p.m. People had to be registered with the service and physical need had to be suppled by a medical professional. It was primarily used for School; Work and Medical appointments. 2019 the city was approached by the Government to supply Vans for Kidney Dialysis. The vans run from 6 in the morning through to the evenings. Chair-A-Van has a fleet of seven vans. Yours truly, Sandra Bird Rider of Chair-a-Van Member of the Mayor’s Accessibility Committee CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 385 of 450 S:\COUNCIL\2023\2023 Presentations and Correspondence\01 17 23\General Board Contact Sheet 2022-2026.docx GENERAL BOARD MEMBERS Date: 12/21/2022 12:00 AM | Term 4 Years - 2026 DESIGNATED SEATS Property Representative 1. Courtyard Marriott Patrick Steier psteier@n21inc.com 2. Howard Johnsons’ Eric Marcon eric@hojobythefalls.com 3. Kerrio Property Vince Kerrio vkerrio@niagarafalls.ca 4. Merani Properties Michael Marsch MMarsch@meraniHotelGroup.com 5. Clifton Victoria Inn Anthony DiCienzo anthonyd@niagarafallshotels.com 6. Country Inn & Suites Mike Bufalino mike.bufalino@countryinns.com 7. Victoria Hotel & Suites Fred Lam fred@romancheese.com 8. City of Niagara Falls Ruth-Ann Nieuwesteeg rnieuwesteeg@niagarafalls.ca AT LARGE Property Representative Executive Board 1. Cadillac Motel Letitia DiBellonia tishd@americananiagara.com 2. Nightmares Fear Factory Anthony LaPenna anthonylapenna95@gmail.com 3. Louis Tussaud’s Wax Works Mary Roberts roberts@ripleys.com 4. Roberto Holdings Jim Roberto No Email only phone:905-374-6244 5. Beefeater( Niagara) Lisa Burland lburland@falls.com Chairman – Eric Marcon Vice Chair- Anthony LaPenna Treasurer- Patrick Steier Secretary – Mike Bufalino Page 386 of 450 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Recommendations on Niagara Falls Public Library Board Appointments From: Alicia Subnaik Kilgour <askilgour@nflibrary.ca> Sent: Tuesday, January 10, 2023 6:22 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Recommendations on Niagara Falls Public Library Board Appointments Hello, Thank you for taking the time to review all the applicants for the Niagara Falls Public Library Board. We had a total of 7 applications for the Niagara Falls Public Library Board. It is heartwarming to see community members step up to serve their community in a volunteer capacity. This term a new process was put into place to review applicants. New applicants were interviewed by a panel of City Staff, Library CEO and an outgoing Library Board Member. The interview panel consisted of: Bill Matson - Niagara Falls City Clerk Alicia Subnaik Kilgour - Niagara Falls Library CEO/Chief Librarian Dinesh Parakh - Outgoing Library Board Member According to the Ontario Library Association's Board Bootcamp session on Building a Library Board that reflects your Community: "A library board should be a high-performing team. To best accomplish this means that we need individual leaders who draw on diverse sets of life experiences and cultural backgrounds, which strengthens board deliberations and decision-making. Effective boards should work to build a culture of trust, candor, and respect; the hallmarks of inclusive culture. Awareness of how systemic inequities have, and continue to, affect our society, and those our libraries serve helps us avoid creating gaps in our strategies and creates powerful opportunities to deepen our impact, relevance, and advancement of the public good." It may be useful for Council to understand the Legislative Requirements as well as what the needs of the Library Board might look like. The Library Board has the following legislative requirements, including Council Representation: Legislative Requirements as per the Public Libraries Act RSO 1990, c. P.44 : Page 387 of 450 2 Canadian Citizen or permanent resident of Canada within the meaning of the Immigration and Refugee Protection Act At least 18 years old Is not employed by the Board or the Municipality A resident of Niagara Falls The Niagara Falls Public Library Board consists of 8 Members from the Niagara Falls Community and 1 Council Representative. The Niagara Falls Council has already appointed Counselor Lori Lococo as the Council Representative to sit on the Library Board for the 2023 - 2026 Board term. The Review Panel supports the appointment of all the 7 following candidates. Currently, we have 5 incumbents community members who have reapplied: Anne Andres-Jones - Chair of Library Board John Anstruther - Vice- Chair of the Library Board Barbara Ness - Past Chair Library Board Kathy Tsiantoulas Tim Tredwell The following new applicants: Sabrina Mongrain Jacqueline (Jacky) Roddy As in previous years, the Niagara Falls Public Library Board may recruit for the remaining vacant position or any vacancies that may come forward during the Board term. In this case, candidate(s) will be selected and submitted to Council for approval and appointment. Thank you for your time and consideration. Alicia Subnaik Kilgour CEO/Chief Librarian - Niagara Falls Public Library Page 388 of 450 3 Alicia Alicia Subnaik Kilgour BBA, MLIS Pronouns: she/her/hers CEO/Chief Librarian Niagara Falls Public Library 4848 Victoria Avenue Niagara Falls, ON L2E 4C5 Phone: 905-356-8080 x230 Fax: 905-356-7004 my.nflibrary.ca Please visit our website at: https://my.nflibrary.ca/About/Status for the latest updates to service delivery. CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and may be privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. If you have received this communication in error, please immediately contact or inform the sender by return e- mail or by telephone at 905-356-8080 x230 and delete this e-mail message and all copies. Due to the inherent risks associated with the Internet, we assume no responsibilit y for unauthorized interception of any Internet communication with you or the transmission of computer viruses. The Niagara Falls Public Library promotes work-life balance and the right for its employees to disconnect outside of work hours. Please do not feel obligated to reply to this email outside of your normal working hours. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 389 of 450 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM January 6th, 2023 Bill Matson, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON Canada L2E 6X5 Hello Bill, On December 19th, 2022, the outgoing Board of the Downtown Niagara Falls BIA passed a motion, as per their governance documents and as previously committed when setting election timelines, to ratify the slate of officers noted below and begin the process of transition at the inaugural meeting January 30th, 2023. The Board understands that Council voted to increase the Board composition to twelve membership positions to provide an outcome for the three-way tie result from the AGM election on November 24th, 2022. However, given the unique circumstances of the situation, to continue with formality and the original sequence of events which should have occurred had there not been a three-way tie, the Board has proceeded with protocol and would like formal ratification of the slate of officers at the January 17th, 2023, council meeting. The slate of officers includes the elected nominees, the Council representative from December’s Council meeting, the Past-Chair as per the BIA’s governance documents, and a non-voting City staff liaison. The full slate should now be as follows: 1. Ron Charbonneau, Past-Chair, Property Owner (Ex-officio Board Member, per constitution) 2. Wayne Campbell, City Council Representative, Voting Member 3. Dean Spironello, City of Niagara Falls, Staff Liaison (Ex-officio non-voting) 4. Alex Bandeau, Business/Employee Owner Representative, Board Member 5. Christine Thagard, Business Owner, Board Member 6. Eric Martin, Business Owner, Board Member 7. Kevin Fraser, Business and Property Owner, Board Member 8. Joe Mrkalj, Business and Property Owner, Board Member 9. Lisa Vanderklippe, Business Owner, Third Space Café, Board Member 10. Phil Ritchie, Property Owner, Board Member Page 390 of 450 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM 11. Starr Bowes, Business Owner, Board Member 12. Steve Falco, Business Owner, Board Member 13. Steven Sunderland, Business Owner, Board Member 14. Tim, Business Owner, Board Member 15. Tony Barranca, Business Owner, Board Member If you have any questions or concerns, please do not hesitate to contact our Executive Director at amanda@downtownniagarafalls.com Sincerely, Ron Charbonneau Page 391 of 450 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Item 12.4 - Downtown BIA Interference. From: Phil Ritchie - Keefer Developments <pwritchie@keeferdevelopments.com> Sent: Monday, January 16, 2023 11:10 AM To: Bill Matson <billmatson@niagarafalls.ca>; Jason Burgess <jburgess@niagarafalls.ca>; 'Kim Craitor' <kcraitor2@cogeco.ca>; 'Ruth-Ann Nieuwesteeg' <ruthann@pattersonfuneralhome.com>; 'Joyce Morocco' <jmorocco@bell.net>; Jim Diodati <jdiodati@niagarafalls.ca>; Wayne Thomson <wthomson@niagarafalls.ca>; Wayne Campbell <wcampbell@niagarafalls.ca>; Lori Lococo <lori.lococo@bell.net>; Mona Patel <mpatel@niagarafalls.ca>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca> Subject: [EXTERNAL]-Item 12.4 - Downtown BIA Interference. Jason ,Bill, Mayor & City Councilors Please accept this email as correspondence relating to item 12.4 now appearing (as of this morning) on the Council Agenda of tomorrow Jan 17 2023. This item should not be before council. It is interference with a legal Board…plain and simple. The current and only BIA Board, has not reviewed or considered this request in any manner. A Past Chairman or staff member have no authority at all to request anything from Council. To be honest…as a sitting Board Member I don’t even know what this rationale means… “However, given the unique circumstances of the situation, to continue with formality and the original sequence of events which should have occurred had there not been a three-way tie, the Board has proceeded with protocol and would like formal ratification of the slate of officers at the January 17th, 2023, council meeting.” There is no “protocol” to be followed in any manner. Our Board is legal, it was enacted the day after council approved the final 12 person slate December 13 2022, and it is the only membership authority that should be making requests like this from Council. Any involvement by Council here, is not required would be overhanded, and simply interfere with the clear process to select our own officers that is clearly identified in our Bylaws. Page 392 of 450 2 Our Board members have agreed and intend to select our own officers on January 30 th at our first Board Meeting. Our membership has the right to transparency and to determine our path…antics like this only further erode trust and transparency of our membership Our legal Board have an agreement to select our officers on January 30 th. Nothing is needed from Council tomorrow. Thank you. Regards, PW Phil Ritchie, President Keefer Developments Ltd. 4605 Crysler Ave. Unit 4 Niagara Falls Ontario L2E3V6 905 353 9555 Keefer Management Inc. 14 St.David Street West Thorold Ontario L2V2K9 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 393 of 450 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 17-01-2023-2 Sunday, January 15, 2023 Downtown BIA - Slate of Officers Report Council, I wish to share with Council, the general public and the members of the BIA, details concerning the Downtown BIA which involve the decision of this Council at the December 13, 2023 meeting, the Municipal Act, 2001, the BIA Constitution, the BIA By- Laws, and their request submitted for the January 17, 2023 meeting. Please read this very, very carefully. The relevant documents are attached. First and foremost according to the ... Municipal Act, 2001 Term (10) The term of the directors of a board of management is the same as the term of the council that appointed them but continues until their successors are appointed. 2001, c. 25, s. 204 (10).(Attached as Exhibit "1") The former Board of Management of the BIA ceased to exist the moment council ratified the appointment (attached as Exhibit "2") of the 12 nominees during the December 13, 2022 meeting. As of December 13, 2023 the Board of Management of the BIA was ... Page 394 of 450 Ron Charbonneau ceased to be Chair of the BIA but was acclaimed to Immediate Past Chair as per ... BIA Constitution II. Immediate Past Chair The immediate Past Chair is: ● Immediately serve upwards of one (1) year directly following completion of Chair tenure. As the Immediate Past Chair Ron Charbonneau has no voting rights as per ... BIA Constitution II. Immediate Past Chair The immediate Past Chair is: ● A non-voting ex-officio; ● A Member of the Executive Committee. This is contrary to the letter submitted to this council. The letter clearly states ... "Dean Spironello, City of Niagara Falls, Staff Liaison (Ex-officio non-voting)." But does not state Ron Charbonneau as being (non-voting). "Ron Charbonneau, Past-Chair, Property Owner (Ex-officio Board Member, per constitution)." If this council approves this portion of this request it will be violating the BIA Constitution. This condition is further made irrelevant as follows but is pointed out to demonstration possible incompetence or intent to mislead Council. As the Immediate Past Chair, Ron Charbonneau has no responsibility other than to immediately (the AGM has been held) "hold a Board meeting of the Board of Directors to elect the Officers." as per ... Page 395 of 450 BIA Constitution II. Immediate Past Chair Responsibilities of the Past Chair: ● Ensures continuity in the Association; ● Provides “corporate memory” for the Board; ● Chairs meetings in the absence of the Chair and Vice-Chair, as well as assuming the duties of Vice Chair in his or her absence; ● Acts as advisor and mentor to the Executive Committee of which they are a member;● After the Annual General Meeting, holds a Board meeting of the Board of Directors to elect the Officers." ● In cooperation with the Chair, represents BIA to the public, and; ● After the Annual General Meeting, holds a Board meeting of the Board of Directors to elect the Officers. Ron Charbonneau has exceeded his authority as Immediate Past Chair by submitting this letter to the Council prior to his immediate responsibility to "hold a Board meeting of the Board of Directors to elect the Officers." None of the Responsibilities of the Past Chair authorize the submission of the letter now before Council. There is no evidence that a meeting of the current Board of Management (with quorum) has been held to direct Ron Charbonneau's actions. This letter cannot be accepted by the Council less alone acted upon. ____________________________________________ Although that should be the end of the conversation I will elaborate more on the contents of the letter. It states "On December 19th, 2022, the outgoing Board of the Downtown Niagara Falls BIA passed a motion". This is a direct violation of the ... Municipal Act, 2001 Term (10) The term of the directors of a board of management is the same as the term of the council that appointed them but continues until their successors are appointed. 2001, c. 25, s. 204 (10). Page 396 of 450 The members who participated in that meeting are accomplices to an illegal Board meeting. Again, as of December 13, 2023 the former Board of Directors ceased to exist. Further the letter states "The Board understands that Council voted to increase the Board composition to twelve membership positions to provide an outcome for the three-way tie result from the AGM election on November 24th, 2022. However, given the unique circumstances of the situation, to continue with formality and the original sequence of events which should have occurred had there not been a three-way tie, the Board has proceeded with protocol and would like formal ratification of the slate of officers at the January 17th, 2023, council meeting." Clearly the former Board of Management does not understand that "formal ratification" was approved by Council at the December 13, 2023 meeting. Not only are they acting as a Board of Management (which they are not, as explained prior), they are requesting that Council change there decision. This Council had extensive debate on the matter and voted. Even the Mayor voiced his condemnation of the actions of BIA in a forceful voice which is rare for him to do so (other then perhaps towards some of the actions of former Councilor Ioannoni). This is simply disgraceful of the former Board of Management. ____________________________________________ You may or may not have noticed that ... is not on the list of "new" Board Members. This invokes ... So now the BIA Board of Management is one less. Further there are BIA procedures to resign from the Board of Management, one can only hope that they too have been followed. Page 397 of 450 ____________________________________________ As I have mentioned prior, I will state my opinion on matters that go, or may go, before Council as though I had been successful in my 2022 Council election bid. I would motion and vote in favor to refuse to accept the document and reaffirm that Council supports its decision of December 13, 2023 meeting and expects the new Board of Management to responsibly abide by the rules that govern the BIA. Further, I would request staff explain why they recommended acceptance of the contents of the letter to Council and detail their vetting process for doing so. This report will also been forwarded to the Ombudsman Office as a request they investigate the events described within. I will be attending the January BIA meeting and have given notice of my need to record the meeting to accommodate my hearing disability. I also trust that should the BIA go into an in camera session that residents will not be escorted out into the cold until such time as they are allowed to return for the closing procedures for the meeting. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next Page 398 of 450 election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 399 of 450 Attachment "1" Page 400 of 450 Exhibit "2" Page 401 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 1 By-Laws (Niagara Falls Downtown Business Improvement Area - NFBIA ) Date: October 7, 2020 Page 402 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 2 Appointment to the Board The membership of the organization elects "the Board of Management for Niagara Falls Business District Improvement Area (or NFBIA Board)" which is in turn appointed by the Council of the City of Niagara Falls through Bylaw # 98-247. Eligibility Criteria Eligibility is determined by City Bylaw no. 98-247 and shall be individuals assessed with respect to ratable property in the area that is in a prescribed business property class or a tenant of such property who, under the tenant's lease, is required to pay all or a part of the taxes on the property, or who are nominated by such parties and is a member in good standing (good standing defined as a member whom has paid and has no outstanding restrictions from the Board of Management due to litigation, staff relationships, or other). Quorum Quorum for Board Meetings is fifty (50) percent plus one (1), including the Chair. Committee meetings requires the presence of one (1) Board Member and one (1) NFBIA Staff person. Resignation Board members may resign by providing their resignation in writing that shall be effective upon the date requested. Vacancy Officers must provide thirty (30) days’ written notice for resignation of Board responsibilities. The seat of a member of the Board of Management may become vacant if the member is absent for three (3) annual meetings unless there has been a prior approved absence which requires a Board vote to excuse, unless sufficient absence for compelling reasons exists (i.e. death of a family member). As laid out in the constitution, the Board may pass a motion authorizing the removal of such member and only then will the member cease to be a member of the Board of Management. In the event of a Board member indicating the need to be away from the Board for three (3) consecutive meetings, the Board reserves the right to request that the Board member step down or hold the seat for this period. Where a vacancy on the Board occurs for any reason, a person qualified to be a member may hold office for the remainder of the term for which his or her predecessor was appointed. The City Clerk, with the assistance of the NFBIA Board, must verify that the candidate’s property, tenancy, and member in good standing status. Such interim members must be confirmed by a Page 403 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 3 resolution of the Board of Management and appointed by Council for The City of Niagara Falls. Board of Management Elections As per the City By-law, the maximum members for the Niagara Falls Downtown Business Improvement Area Board of Management shall be elected by the general membership at an election called for that purpose. A notice of same shall be served upon the general membership, not less than two weeks (14) days prior to the election called for this purpose. Any NFBIA member (see membership defined in the policy and procedures) or their nominee, is eligible for election to the Board of Management. The election will be by secret ballot and shall be conducted by the nomination committee in conjunction with the office of the City Clerk every four (4) years, to coincide with the Municipal Election. Exception: No election will be held if the maximum candidates wish to serve as directors. They would receive an acclamation to the Board of Management. If less than the required members of the NFBIA stand for election to the Board of Management, then an acclamation would also be awarded to those seeking to be elected, with the remaining positions to be filled later by the Board of Management with the understanding that the necessary minimum to establish quorum is acclaimed. 1. In the event of an election, it is the duty of the Chair, prior to the election, to appoint a Nominations Committee of no less than three (3). The Nominations Committee shall have the responsibility of compiling a list of prospective members who wish to stand for the Board of Management after a nomination notice has been sent to all members. The Nominations Committee will send to the General Membership the list of prospective members accepted by the Nominations Committee prior the next election, called for the purpose of electing the new Board of Management. The list of prospective members shall be closed fifteen (15) days prior to the calling of the election for a new Board of Management. The Nominations Committee for the NFBIA will consist of the Board’s Executive, namely Chair, Vice Chair, Secretary and Treasurer. 2. Following ratification and election by City Council, a special meeting of the newly elected NFBIA Directors shall be called for the purpose of nominating and electing a Chair, Vice-Chair, Secretary and Treasurer. Following the election of the Executive nominations and elections for Directors of various NFBIA standing and special committees. All the standing or special committees must be chaired by one of the Board of Management Directors. The Finance and Audit Committee will be chaired by the Treasurer of the Board. The Chair of the Board is ex-officio of all committees. 3. All of the newly elected Board of Management members of the Board of Management shall assume office of the first day following the election. 4. All members of the Board of Management may serve to a maximum of two concurrent terms (8 years). Although it may not account for a full eight (8) years, a Member that Page 404 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 4 fills a vacancy is still only allowed to serve a maximum of two terms of City Council (i.e. if a member fills a vacancy in year three (3) then they have only one (1) year plus another full four (4) year term). The member can be elected once again should they wish following an absence at minimum of a full term of 4 years. 5. All elections shall be held by secret ballot. Proxies will not be allowed for the election of the four officers (Chair, Vice-Chair, Secretary and Treasurer); herein after known as the Executive Committee members and Special Committees Chair (i.e. Finance and Audit Committee must be chaired by the Board Treasurer). All votes will be tallied for each election. A member must be a "member in good standing" as set out in the policy and procedures, to vote and participate in any NFBIA meeting. 6. One vote will be allowed per business, professional service or corporate member, when electing NFBIA members to the Board of Management (Where the assessment or any one (1) business is split on the tax roll, it shall be considered as one (1) business). A nominee can be appointed by a business firm, professional service, or corporation to cast one vote on behalf of the aforementioned NFBIA members provided that a letter is duly signed by the owner in good standing, and such owner's name appears on the business tax assessment roll. In the case of a corporation, the Executive Director will be the signee, providing that the said corporation is in good standing as well. In all cases, the nominee must be an employee at his/her location in the defined NFBIA area or be a business owner carrying on business in the defined NFBIA area. 7. Where a vacancy on the Board occurs for any reason, a person qualified to be a member may hold office for the remainder of the term for which his or her predecessor was appointed. Such interim members must be confirmed by a resolution of the Board of Management and appointed by City Council. Conflict of Interest At the beginning of each meeting, as an agenda item, it shall be the duty of every Board member who is in any way, whether directly or indirectly, interested in a contract or arrangement that may be an item to be discussed by the Board and has some financial benefit to the Board member, either directly or indirectly, to declare this interest and not participate in the discussion and voting. This applies to a personal self-interest and the interests of any spouse, and/or children, parents, parents-in-law or siblings. Officers There shall be four (4) officers on the Board of Management's, Executive Committee as follows: Chair shall have the general management and direction, subject to the authority of the Board, of the business and affairs of Niagara Falls Downtown Business Improvement Area and be responsible for setting Board of Management Meeting Agendas. The Chair shall be the Chief Executive Officer of the NFBIA and preside over all general meetings Page 405 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 5 from time to time and special meetings as the need arises. Vice-chair will assume the duties of the Chair if absence or disability occurs. If both the Chair and Vice-Chair are unable to attend a Board of Management meeting, those board members present at the executive meeting shall nominate a presiding officer, so long as there is a quorum. Secretary will be responsible for Minutes of all Board of Management and Executive Meetings while in-camera. The recording open Board meeting minutes may be delegated to staff with overall responsibility retained by the Secretary. The Secretary is responsible for the attendance records at the Annual General Meeting and other meetings convened by the Board. Treasurer will be responsible for Financial Statements and related materials with an account of all transactions being presented to the Board on a monthly basis. Treasurer is responsible for the audit and presentation of the audited financial statements as well as the approved annual budget at the Annual General Meeting. The Board of Management will elect the Chair, Vice-Chair, Secretary and Treasurer from within the Board of Management on an annual basis. Executive members may serve up to eight-year terms, please reference section on Board of Management terms for more details. The election of the Chair is restricted to those directors who have served at minimum 1 year prior to the date of Chair Election on the Board of the NFBIA. These officers shall form the Executive Committee. The Executive Committee shall have the authority to act for the Board of Management in the intervals between Board meetings on such matters as may be necessary to conduct the business of Niagara Falls Downtown Business Improvement Area. Niagara Falls Downtown Business Improvement Area Sub-Committees Niagara Falls Downtown Business Improvement Area Sub-Committees help the Board to plan and administer approved initiatives, projects or to examine specific areas of concern. Sub-Committees propose initiatives and suggest expenditures for approval by the Board. Sub-Committees have no independent financial standing and must submit estimated project budgets and basic income and expense reports to the Board. Similarly, if Sub-Committees contract out work related to their activities the Finance and Audit and then the Board must approve the expense and those employed. Ultimate responsibility for their activity’s rests with Niagara Falls Downtown Business Improvement Area Board of Management which must therefore receive written reports on Sub- Committee activities at monthly Board meetings. Page 406 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 6 Sub-Committee members must be a member in good standing (please refer to the NFBIA policy and procedures for criteria), have submitted a committee application form, and be confirmed by a two-thirds (2/3rd) vote of Niagara Falls Downtown Business Improvement Area Board of Management. They are expected to work closely with Niagara Falls Downtown Business Improvement Area Executive Director. The Chairperson of the Board shall be a member of all Sub-Committees. Sub-Committees of the Board require a Terms of Reference document, which is drafted by the Executive Director and presented to the Board. The NFBIA Board of Management will elect a Board Member to the Chair position of all Sub-Committees, and to conduct those committee meetings, the presence of one (1) Board Member and one (1) NFBIA Staff person. Non-BIA members of the committee cannot exceed one-third (1/3rd), while the remaining two-thirds (2/3rd) must be BIA members in good standing. Only BIA members, which are Board confirmed, can vote on Sub-Committees of the Niagara Falls Downtown Business Improvement Area. Sub-Committee members agree that at any time they can be asked for a background check and must be willing to provide on request. The following Sub-Committees are the standing committees of the NFBIA Board of Management: Finance and Audit Marketing and Promotion Events Governance Beautification and Economic Development Niagara Falls Downtown Business Improvement Area Ad-Hoc Committees The Board may establish Ad Hoc Committees of the Board. An Ad Hoc Committee shall be an advisory committee established for a temporary purpose to deal with a specific issue. The Ad Hoc Committee shall report to the appropriate Standing Committee of the Board, within the time prescribed and within its terms of reference, with recommendation for action, which may include a recommendation for policy change. Ad Hoc Committees of the Board require a Terms of Reference document, which will be drafted by the Executive Director and presented to the Board. Members of any Ad Hoc Committee shall be as selected by the Board and require the same standards as Sub-Committees. The membership of the Committee shall select a Chair at the first meeting of the Committee. The Chairperson of the Board and Executive Director shall be a member of all Ad Hoc Committees. The Ad Hoc Committee shall be dissolved by motion of the Board. Expenditures by the Board of Management As per section 220 of the Municipal Act – as amended from time-to-time –, BIA funds can only be used for improvements to publicly owned property, not individual businesses or private properties. The common funds must be used for the common good. Please refer to "Purpose" for an outline of mandated activities. Page 407 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 7 Each standing committee chair is authorized to expense within their approved annual budget without Board approval IF the purchase is one that was included in the approved budget for that specific standing committee. Any expenditure over the annual budgeted amount must be approved by a quorum at a Board meeting. If the expenditure is required to conduct immediate business, then the Executive Committee may be called upon to approve. Approval of Financial Transactions Signing authority: In order to ensure that Niagara Falls Downtown Business Improvement Area office can function effectively, and that there is adequate financial control by the Board, there are two levels of approval established for financial transactions. Level 1: Approval by two of the Executive Officers of the Board of Management or Executive Director of the Board Level 2: Approval by the Board of Management Level 1 Approval The Executive Director of the Niagara Falls Downtown Business Improvement Area can make a financial transaction within the annual budget without prior consultation with, or approval by, the Board of Management provided that: the purchase is one that was included in the approved budget; and the purchase does not result in an overage in the budget item; Level 2 Approval The Executive Director of Niagara Falls Downtown Business Improvement Area can make a financial transaction over the annual budget only at the direction of the Board and provided that: the purchase has been approved by motion at a meeting of the Board of Management after recommendation from Finance and Audit and the approval is documented in the Minutes of the Meeting or the purchase is confirmed to the Board of Management at its next meeting following the completion of the transaction or Page 408 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 8 the expense is fixed and pre-approved as in the instance of monthly rent. All cheques must be signed by two (2) Officers of the Board of Management or one (1) Officer and the Executive Director, as approved by the Board at a meeting held for that purpose. Up to four (4) members may be authorized to sign cheques and including a fifth, the Executive Director. The officers of the Board are the (4) members designated as the signors for the Board of Management. Note: If any purchase at Level 1 or Level 2 has not been previously approved in the annual budget, or if it will result in budget overrun, the Board must give its approval prior to such a purchase. Meetings Board Meetings Meetings will be at the call of the Chair, a minimum of 10 per fiscal year. Quorum for Board Meetings is fifty (50) percent plus one (1), the Chair of Board of Management is included in that calculation and must be present to constitute a quorum. The Board may retire to an in-camera session to consider matters of legal nature, finance and personnel matters provided that prior to moving in camera a resolution is passed stating: “that the Board is convening into closed session and the general nature of the matter to be discussed” According to the Municipal Act subsection 22(2) clauses (a) through (h) – to be amended from time-to-time –, the only matters to be considered in camera are as follows: • security of the property of Niagara Falls Downtown Business Improvement Area; • personal matters about an identifiable individual proposed or pending acquisition or disposition of land by Niagara Falls Downtown Business Improvement Area; • labour relations or employee negotiations; • litigation or potential litigation affecting Niagara Falls Downtown Business Improvement Area; • advice that is subject to solicitor-client privilege. Page 409 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 9 Meetings will be open to any member of Niagara Falls Downtown Business Improvement Area or the public who may attend but may not take part in the proceedings unless invited to do so by the Chair. At minimum seventy-two (72) hours’ notice of request to make any delegations or presentations at a meeting of Niagara Falls Downtown Business Improvement Area should be given to ensure a place on the agenda and to allow time for staff to prepare any supporting or answering information that may be helpful. At all meetings of the Board every question shall be decided by a majority of the votes cast on the questions, done by a show of hands. In case of a tie-vote, the Chair of the meeting shall be entitled to a second or casting vote. As a committee of the Council, the Board should base their decision-making process and rules of order for meetings on the procedures used by the Council of the City of Niagara Falls. The Council uses Bourinot’s Rules of Order as a basis for their proceedings. In order to represent the entire interests of Niagara Falls Downtown Business Improvement Area membership, decisions regarding the business and operation of the NFBIA are not made in isolation or by individuals (except where explicitly stated elsewhere in this Constitution) but as a result of shared information, discussion and majority agreement by the Board as a whole and when appropriate, in consultation with its members. Executive Committee meetings, when held, should adhere to a similar intent. Executive Meetings All decisions are subject to approval and ratification at the next Board of Management meeting. A minimum of fifty (50) percent plus one (1) executive members, as of the roles that are filled, must be present to constitute quorum. All meetings of the Executive Committee shall be at the call of the chair to conduct business as necessary. Minutes must be taken and presented at the next Board of Management meeting. Annual General Meetings and/or Special General Meetings Each calendar year the Board of Management will call and hold one Annual General Meeting and the Board of Management may also call and hold at any time one or more Special General meeting(s) to deal with special issues or to update the organization membership. The meetings shall be held in a facility located within Niagara Falls Downtown Business Improvement Area boundaries. At each Annual General Meeting, the financial statements for the previous audited year, and the current year approved budget for the year will be presented. The membership will receive an Page 410 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 10 update through the annual report. Membership should receive written notice of the Annual General Meeting not less than 10 business days prior to the meeting date and public notice must appear in one (1) mail-out and through the NFBIA newsletter, social media as well as posted on the NFBIA website under Board Meetings prior to the meeting date. The accidental omission to give notice to any member, Board member officer or auditor shall not invalidate any action taken at any meeting held pursuant to such notice. A petition signed by 50 or more members of Niagara Falls Downtown Business Improvement Area is sufficient to order a Special Meeting within 15 days of receipt of that petition by the Executive. In case of an equality of votes at an Annual General Meeting or Special General Meeting, either upon a show of hands or upon a poll, the Chair shall be entitled to a casting vote. An agenda for the Annual General Meeting with copies of the most recent audited financial statement should be distributed to the general membership not less than 10 business days prior to the meeting. Elections It is the responsibility of Niagara Falls Downtown Business Improvement Area member to register their voting delegate three (3) business days before the election process begins. The names of those Board members continuing their term must appear on the ballot. A voting delegate must make nominations from the floor with a seconder. If desired, the Chair for the purpose of counting ballots may appoint one or more scrutineers (who need not be members,). Only one delegate per business member can be nominated for election at any one time. A member can sit on the Board of Management for 2 consecutive terms for a total of 8 years. The member must step down for at least 1 term before presenting themselves for a position of Director of the Board of Management. The current chair of the Board of Management if having completed 2 consecutive terms may be asked to extend their tenure by the incoming Board in the role of Past Chair for a minimum of 1 year and maximum of 2 years. This will be completed by resolution by the Board of Management. Page 411 of 450 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 11 New members All new member businesses are to be presented with a "New Members Kit", beginning January 2021, personally by the Executive Director or a member of the Nominations Committee of the Board of Management. An orientation meeting of the Board will be an agenda item of the first meeting of the newly elected Board of Management. Any new or returning member who fills in a vacancy of the Board of Management will be met personally by the Executive Director or a member of the Nominating Committee (Executive Committee) prior to their first board meeting. The initial meeting may also take place via phone call. Fiscal Year The fiscal year of Niagara Falls Downtown Business Improvement Area is from January 1st to December 31st. The proposed budget approved by the Board of Management must be set out for the new calendar year in the last quarter of the operating year and be followed without major modifications. The Board of Management for the Niagara Falls Downtown Business Improvement Area cannot accrue debt or exceed debt levels without approval of two-thirds (2/3rd) present at an Annual General Meeting or a Special General Meeting of the membership. Notification of such meetings should follow the same standards as previously noted for Annual General Meetings and Special Meetings. Any Contract in excess of two-years must stipulate termination rights with thirty (30) days’ notice and will state “this contract is externally funded and continuation is contingent upon funding”. Page 412 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 1 Constitution (Niagara Falls Downtown Improvement Area - NFBIA) Date: December 8th, 2020 Page 413 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 2 NAME The name of the organization is "Niagara Falls Downtown Improvement Area (commonly referred to as NFBIA)". The membership of the organization elects "the Board of Management for Niagara Falls Downtown Improvement Area (or NFBIA Board)" which is in turn appointed by the Council of the City of Niagara Falls through the passing of a bylaw. LEGISLATIVE DIRECTION The direction provided by Council pursuant to Bylaw # 98-247 which entrusted the Board, subject to the limitations hereinafter set out, the improvement, beautification and maintenance of the municipally owned lands, buildings and structures in the area beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large, events, business recruitment, communication, and the marketing and promotion of the area as a business shopping area. Provincial Legislation - Municipal Act, 2001, S.O. 2001, c. 25 Designation of improvement area 204. (1) A local municipality may designate an area as an improvement area and may establish a board of management, (a) to oversee the improvement, beautification and maintenance of municipally- owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and (b) to promote the area as a business or shopping area. 2001, c. 25, s. 204 (1). Page 414 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 3 PURPOSE The Council of the City of Niagara Falls appoints the Board of Management of NFBIA to: Plan and administer activities for the promotion and economic development of the NFBIA as an attractive business and shopping area as well as for the maintenance of the appearance of the downtown core (to develop, promote and protect commercial viability of the area); Complete the Municipal Mandates within the BIA Handbook – Beautification, Special Events, Revitalization and Maintenance, Business Recruitment and Economic Development, Communications, Marketing and Promotion; Engage in strategic planning necessary to address NFBIA issues for its members; Advocate on behalf of the interests of NFBIA catchment and its members; Manage the money that is collected by the City of Niagara Falls from the required special BIA levy for these activities; To strive to ensure that each member of the NFBIA receives fair representation from the Board of Management. BOUNDARIES – NFBIA AREA The boundaries of NFBIA as established by City Council. All businesses within the designated area are assessed for a special levy that is collected by the City of Niagara Falls to support the activities of NFBIA. Page 415 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 4 MEMBERSHIP Membership of the organization shall consist of all property owners currently paying the levy and including tenant businesses with a gross lease located and/or operating within the designated NFBIA boundaries. Only members in good standing have a right to vote. Each property owner and business owner will have no more than one (1) vote on the BIA. If a business or property owner has multiple holdings, even if those holdings are under different name(s) or corporation number(s), they are still entitled to only one vote. If a property owner owns or operates a business within their commercial holdings, they only have one (1) vote. However, if the property owner is not the tenant of the owned space, both the property owner and the gross lease tenant each have one (1) vote on the BIA.” Only members of NFBIA have the right to vote for representatives to the Board of Management of NFBIA and to vote on issues brought to a General Meeting of NFBIA. Each member has the right to nominate an owner or employee of a business or property (or their designate) to stand for election to the Board of Management of NFBIA according to requirements set out in the Municipal Act 2002 s. 204 ss. 4. All members are entitled to voting privileges at the Annual General Meeting, one vote per member. Written proxies only are permitted. Each member has one vote regardless of the number of properties or businesses owned by any member. Any member of NFBIA may ask that issues or items of interest be placed on the agenda of NFBIA for discussion and/or resolution. They may contact any NFBIA Board member or the BIA office for inclusion of an item on an upcoming agenda. Additionally, with reasonable notice, any member may make a request in writing to make a deputation or presentation to NFBIA. Said request is to be directed to the Chair of the Board of Management. Additional membership classifications may be added and/or deleted via the NFBIA "Policies and Procedures". The removal of a member in good-standing status, with definitions and descriptions for removal in the NFBIA "internal bylaws", requires a 2/3 vote from the sitting Board of Management, with membership status to be reviewed annually. The NFBIA will continue to collect the levy after removal of the member in good standing status. Page 416 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 5 BOARD OF MANAGEMENT The Board of Management of NFBIA is a standing committee of the Council of the City of Niagara Falls, in accordance Municipal Act pertaining to BIA’s under Section 204. Remuneration Board of Management and sub-committee work is done on a volunteer basis. No Officer, member of the Board, sub-committee member, or their relatives shall directly or indirectly receive any profits or remuneration as the result of their position with NFBIA. Board Members may be paid reasonable and necessary expenses incurred in the performance of their duties that have been budgeted and receipted. Term of Office The Board's Term of Office runs concurrently with that of the Municipal Council appointing it – a full-term is considered four (4) years, with members able to sit for upwards two (2) full-terms. Afterwards a full-term of four (4) years must pass before a member is eligible to serve two (2) more consecutive terms. Officers 1. The organization shall have the following officers: Chair, Vice Chair, Immediate Past Chair, Secretary, and Treasurer 2. The duties of these officers shall be: I. Chair The Chair or designate of the BIA acts as the spokesperson of the Board as a whole and represents the will of the BIA Board of Directors. The Chair is: ● An Officer of BIA; ● A Member of the Executive Committee. ● Must have served on the Executive Committee for one (1) full year prior to nomination. If no Executive Committee member meets this qualification, a Director At-Large with one (1) full year of service may be nominated. If Page 417 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 6 no Director At-Large meets this qualification, the Board of Management may choose an elected Board Member for nomination. ● May serve upwards of a full-term of four (4) years. A non-full-term tenure would include, but is not limited to, a nomination after a previous chair resignation, after which the Chair is not permitted to be nominated for another term without having completed a four (4) year full-term rotation off of the Board of Management and an additional year of service as a Director At-Large. Responsibilities of the Chair ● Will have signing authority for the organization; ● Oversee Board and Executive Committee meetings; ● Serve as an ex-officio member of all committees; ● Work in partnership with staff to: ● Ensure Board resolutions are carried out ● Prepare the Agenda for Board Meetings ● Conduct new member orientation; ● Ensure an annual performance evaluation of the Executive Director takes place; ● Support Board Members to carry out their responsibilities; ● Call Special Meetings if necessary; ● Work with the entire Board to recruit new members, ● Serve as liaison with Senior Management Team of the City of Niagara Falls; and, ● Review and approve all Media Releases. II. Immediate Past Chair The immediate Past Chair is: ● A non-voting ex-officio; ● A Member of the Executive Committee. ● Immediately serve upwards of one (1) year directly following completion of Chair tenure. Exemptions include member in good standing status. Responsibilities of the Past Chair: ● Ensures continuity in the Association; ● Provides “corporate memory” for the Board; ● Chairs meetings in the absence of the Chair and Vice-Chair, as well as assuming the duties of Vice Chair in his or her absence; ● Acts as advisor and mentor to the Executive Committee of which they are a member; Page 418 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 7 ● In cooperation with the Chair, represents BIA to the public, and; ● After the Annual General Meeting, holds a Board meeting of the Board of Directors to elect the Officers. III. Vice Chair The Vice Chair is: ● An Officer of the NFBIA; ● A member of the Executive Committee. Responsibilities of the Vice Chair: ● May be one of the four Board Members who have signing authority; ● Acting Chair in the absence of the Chair; ● Assists the Chair in his or her duties; ● Chair is a Standing Committee. IV. Treasurer The Treasurer is: ● An Officer of the NFBIA; ● A Member of the Executive Committee. Responsibilities of the Treasurer: ● Will have signing authority for BIA; ● Ensures responsible tracking of BIA finances; ● Together with staff, ensures a record of all financial activity is presented at each Board Meeting; ● Ensures documents are prepared for the annual audit; ● Oversees the preparation of the draft budget; ● Monitors and assesses BIA’s financial activities to ensure compliance with the direction and aims of the Board; ● Ensures that all financial reporting and government records are processed in a timely manner complying with all deadlines e.g. Ensure audit by March 31st; ● Prepare a draft budget by September, gain Board and AGM approval in October, City Council approval by November 30th, to ensure an April release of funds, and; ● Chairs the Finance and Audit Committee V. Secretary The Secretary of the Board is: ● An Officer of the NFBIA; Page 419 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 8 ● A Member of the Executive Committee. Responsibilities of the Secretary of the Board: ● Will have signing authority for BIA; ● Ensures responsible tracking attendance of general meetings; ● Ensures responsible tracking of obtaining signatures of attendees of the Annual General Meeting of BIA; ● Records minutes of In Camera meetings of the Board of Directors, and; ● May chair a standing committee. ● May chair a standing committee. 3. Removal of officers: Officers serve at the pleasure of the Board and may be removed from office by a majority vote of the Board. An officer must be given notice in writing at least five (5) business days in advance of a Board meeting that a motion to remove him/her/them from office will be made. If the officer is not a Board Member, the officer shall have the right to attend and speak at the Board meeting with respect to the question of his/her/their removal. 4. Officers must provide thirty (30) days’ written notice for resignation of Board responsibilities. 5. The Board will be comprised of individuals appointed by way of a City of Niagara Falls municipal by-law Non-Voting Ex-Officio Appointees to The Board Where appropriate, the Board of Directors may appoint non-voting ex-officio representatives from the municipality, other agencies & associations (non-governmental and governmental) as non-voting ex-officio members of the Board, Board of Director and Executive Committee meetings, where appropriate. Non-voting ex-officio appointees are above and beyond the Board Directors. The non-voting ex-officio appointees may be invited to attend membership, Board of Director and Executive Committee meetings, where appropriate. Non-voting ex-officio appointees are not permitted to be in-camera unless Board of Management waves such rules. Responsibilities of the Board The Board is responsible for: 1. Drafting and approving of Policies and Procedures to ensure the effective operation of NFBIA and for amending these Policies and Procedures as necessary. Page 420 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 9 2. Ensuring that Board Policies and Procedures are implemented effectively. 3. Acting as a legal entity to enter into contracts required by the activities of the Board, such as the maintenance, beautification, promotion, economic development as well as the marketing and advertising of the downtown designated area. 4. Electing an Executive who will also act as Signing Officers for the Board. 5. Drafting an annual budget for approval by quorum of the Board of Management; submitting the approved budget to the City of Niagara Falls; requesting release of the levy and implementing the annual budget as approved by the Municipal Council and presentation of the approved budget to NFBIA membership. a. The annual budget approved by the Board of Management and ratified by City Council shall be presented to the NFBIA membership in attendance at the Annual General Meeting. Notification of this meeting shall be given to the membership not less than two weeks (fourteen days) prior to the meeting date. b. The meeting will be held every fall unless otherwise posted with a 60-day notification to the membership. c. At each Annual General Meeting audited financial statements for the previous year shall be presented to the membership. 6. The NFBIA Board shall have the authority to raise funds through events held, to supplement the budget for NFBIA programs. 7. Ensuring that financial transactions are appropriately carried out, that records of all financial transactions are maintained and that these records are audited annually by the auditing firm specified by the City of Niagara Falls. 8. Ensuring that minutes of all Board meetings are recorded and distributed to The City of Niagara Falls and its members through both the City of Niagara Falls and NFBIA websites. 9. Establishing sub-committees and appointing representatives to those sub-committees as required to deal with issues identified by the Board or as requested by The City of Niagara Falls as well as ensuring committee minutes are recorded and kept on file at the Page 421 of 450 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 10 office of the Board. 10. Hiring the Executive Director to carry out the Board's directives. 11. Maintain communication with the members regarding its activities, including but not limited to, arranging General Meetings of the membership. 12. All other activities necessary to the effective operation of the Board and NFBIA. 13. To establish bylaws for good governance of the NFBIA, provided that should there be a conflict between the said internal bylaws and the constitution, the constitution will prevail. Amendment to Constitution 1. Any amendment to this constitution may be adopted by a two-thirds (2/3) vote of the Board Members present at any Board meeting provided written notice of the proposed amendment and date of such meeting shall have been given to Board Members at least ten (10) business days prior thereto. 2. Any amendment approved by the Board is effective until the conclusion of the AGM following its adoption by the Board but must be ratified by two-thirds (2/3) of votes cast by the membership on the amendment in order to continue in effect after the AGM. Coming Into Force This Constitution shall come into force when approved by a majority of the membership of Niagara Falls Downtown Improvement Area. Passed by the Board of Management on this day September 29th, 2020 Confirmed by the Members on this day November 5th, 2020 Adopted by City Council on this day December 8th, 2020 Page 422 of 450 The City of Niagara Falls, Ontario Resolution No.1 January 17, 2023 Moved by: Seconded by: FEDERATION OF CANADIAN MUNICIPALITIES – ELECTION TO THE BOARD OF DIRECTORS WHEREAS the Federation of Canadian Municipalities (FCM) represents the interests of member municipalities on policy and program matters that fall within federal jurisdiction; and WHEREAS FCM’s Board of Directors is comprised of elected municipal officials from a ll regions and sizes of communities to form a broad base of support and provide FCM with the united voice required to carry the municipal message to the federal government; BE IT RESOLVED that Council of the (INSERT NAME OF MUNICIPAL GOVERNMENT OR PROVINCIAL OR TERRITORIAL MUNICIPAL ASSOCIATION) endorse (INSERT NAME OF ELECTED OFFICIAL) to stand for election on FCM’s Board of Directors for the period starting in January 2023 and ending (INDICATE END DATE - must be at minimum until June 2023); and BE IT FURTHER RESOLVED that Council assumes all costs associated with (INSERT NAME OF ELECTED OFFICIAL) attending FCM’s Board of Directors meetings. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 423 of 450 1 Heather Ruzylo To:Jason Burgess Subject:RE: [EXTERNAL]-Call for Nominations: Vacancies for Ontario representatives on the FCM Board of Directors | Appel de candidatures : postes de représentants de l’Ontario à pourvoir au conseil d’administration de la FCM From: Jason Burgess Sent: Tuesday, December 13, 2022 4:43 PM To: CouncilMembers <councilmembers@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca> Subject: FW: [EXTERNAL]-Call for Nominations: Vacancies for Ontario representatives on the FCM Board of Directors | Appel de candidatures : postes de représentants de l’Ontario à pourvoir au conseil d’administration de la FCM Mayor and Council; Please see the email below FCM – they are looking for a Councillor to sit on the Board. All the best, From: FCM Communiqué <communique@fcm.ca> Sent: Tuesday, December 13, 2022 12:39 PM To: Jason Burgess <jburgess@niagarafalls.ca> Subject: [EXTERNAL]-Call for Nominations: Vacancies for Ontario representatives on the FCM Board of Directors | Appel de candidatures : postes de représentants de l’Ontario à pourvoir au conseil d’administration de la FCM FCM Board vacancies / Postes vacants au CA de la FCM View email in browser December 13, 2022 Le français suit l’anglais Call for Nominations: Vacancies for Ontario representatives on the FCM Board of Directors Dear Chief Administrative Officer, Page 424 of 450 2 Le français suit l’anglais Call for Nominations: Vacancies for Ontario representatives on the FCM Board of Directors Dear Chief Administrative Officer, As an FCM member municipality, we would appreciate your cooperation in sharing the following information with your elected council members regarding vacancies on the FCM Board of Directors. Vacancies on the FCM Ontario Caucus There are two vacancies on the FCM Board of Directors for Ontario representatives for the remainder of the 2022-2023 term, until the Annual General Meeting in May 2023: two (2) vacant seats at large. Eligibility Criteria In accordance with FCM's bylaws Ontario elected municipal officials eligible to serve as Directors on FCM's Board of Directors must meet the following criteria: 1. Be an elected official of an FCM member municipality from Ontario; 2. Complete the consent form and submit it to FCM as indicated on the form; and 3. Submit an official resolution (see this example) endorsed by their member municipality authorizing them to seek a position on FCM’s Board of Directors, and agreeing to cover the costs of their attendance at meetings of FCM’s Board of Directors. The deadline for submitting the consent form and resolution to FCM is Monday, January 30th at 5:00pm EST. About FCM’s Board of Directors FCM’s Board of Directors is comprised of 74 elected municipal officials and affiliate members representing each province and territory in Canada. Ontario is allotted sixteen (16) Directors. Full details can be seen in the FCM bylaws. Page 425 of 450 3 The full term of office of Board Directors is from one AGM until the next AGM (the current term will end on May 28, 2023). During their term of office, Directors are expected to attend all meetings of the Board of Directors and the Annual Conference. During the remainder of this term, one Board meeting will be held in March (in Durham, ON), and one meeting will be held virtually in May. FCM’s Annual Conference (in Toronto, ON) will take place in May 2023. If you have any questions, please contact the FCM Elections Team, or the Ontario Regional Caucus Chair, Tim Tierney, Councillor, City of Ottawa. Best regards, FCM Elections Team Appel de candidatures : postes de représentants de l’Ontario à pourvoir au conseil d’administration de la FCM Chers directeurs généraux, chères directrices générales, En tant que municipalité membre de la FCM, nous aimerions votre collaboration afin de partager l’information suivante concernant les postes vacants au sein du Conseil d'administration de la FCM avec les élu(e)s de votre conseil municipal. Postes vacants au sein du caucus de l’Ontario de la FCM Deux (2) poste sont à pourvoir au conseil d’administration de la FCM par des représentants de l’Ontario pour le reste du mandat 2022-2023, soit jusqu’à l’assemblée générale annuelle de mai 2023 : Deux (2) postes de la catégorie « hors cadre ». Les critères d'éligibilité Conformément au règlement de la FCM, les élus municipaux de l’Ontario éligibles à un poste d’administrateur du conseil d’administration de la FCM doivent remplir les critères suivants : 1. Être un élu ou une élue d'une municipalité ontarienne membre de la FCM ; 2. Remplir le formulaire de consentement et le faire parvenir à la FCM comme indiqué sur le document ; et 3. Soumettre une résolution officielle (voir l’exemple) approuvée par sa municipalité membre, l’autorisant à poser sa candidature au conseil d’administration de la FCM et acceptant de couvrir les coûts de sa participation aux réunions du conseil. Vous devez soumettre le formulaire de consentement et la résolution à la FCM d’ici le lundi 30 janvier 2023 à 17 h (HE). À propos du conseil d’administration de la FCM Le conseil d’administration de la FCM compte 74 membres et comprend à la fois des élus municipaux et des membres affiliés qui représentent chaque province et territoire du Canada. Seize (16) administrateurs proviennent de l’Ontario. Les détails complets peuvent être consultés dans les règlements de la FCM. Page 426 of 450 4 La durée du mandat des membres du conseil d’administration s’échelonne d’une assemblée générale annuelle à la suivante (le mandat en cours se terminera le 28 mai 2023). Pendant leur mandat, les administrateurs sont tenus de participer à toutes les réunions du conseil prévues ainsi qu’au congrès annuel de la FCM. Pour le reste du mandat actuel, une réunion du CA aura lieu en mars (Durham, Ont.) et une réunion se tiendra virtuellement en mai. La conférence annuelle de la FCM (à Toronto, Ont.) aura lieu en mai 2023. Pour toute question, veuillez communiquer avec l’équipe des élections de la FCM ou avec le président, Caucus régional de l’Ontario, Tim Tierney, conseiller, Ville d’Ottawa. Cordialement, L’équipe des élections de la FCM 24 Clarence Street Ottawa, Ontario K1N 5P3 T. 613-241-5221 | F. 613-241-7440 fcm.ca Privacy Policy © 2022 Federation of Canadian Municipalities Opt Out using TrueRemove™ View this email online. 24 rue Clarence Street | Ottawa, ON K1N 5P3 CA This email was sent to talktothecao@niagarafalls.ca. To continue receiving our emails, add us to your address book. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 427 of 450 The City of Niagara Falls, Ontario Resolution January 17, 2023 No: 2 Moved by: Seconded by: WHEREAS subsection 51(45) of the Planning Act, 1990 R.S.O requires a written notice of a change made to the conditions of approval of a plan of condominium by an approval authority; and WHEREAS notwithstanding the requirement for the written notice for a change to the conditions of approval of a plan of condominium, subsection 51(47) of the Planning Act , 1990 R.S.O allows a municipality to deem such requested changes minor by passing a resolution; and WHEREAS 2670279 Ontario Inc. has requested Council to consider passing a resolution that would deem the change to the conditions of approval of the Plan of Vacant Land Condominium located on 6400-6420 Kalar Road (26CD-11-2019-004), hereinafter known as “plan of condominium”, minor and not require circulation of a written notice; and WHEREAS Council determined that the proposed change would amend Condition 1 in the conditions of draft plan approval for the plan of condominium. THEREFORE BE IT RESOLVED that subject to subsection 51(47) of the Planning Act, 1990 R.S.O Council deems the change in the conditions of approval of the plan of condominium minor and exempts the requirement for circulating a written notice. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI ACTING CITY CLERK MAYOR S:\SUBDIVIS\PCONDO\Kalar 6400-6420, 26CD-11-2019-004\Mod Request\Resolution to Council - 26CD-11-2019-004.docx Page 428 of 450 CITY OF NIAGARA FALLS By-law No. 2023 - 001 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 0.6365% Farmlands 0.1591% Managed Forests 0.1591% Pipeline 1.3933% Multi-Residential 1.1798% New Multi-Residential 0.6365% Commercial 1.4116% Vacant Commercial 1.2659% Industrial 1.9129% Vacant Industrial 1.6920% Industrial (New Construction) 1.9129% Vacant Industrial (New Construction) Landfill 1.6920% 2.0867% (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 17th day of January, 2023 ........................................................ ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 17, 2023 Second Reading: January 17, 2023 Third Reading: January 17, 2023 Page 429 of 450 CITY OF NIAGARA FALLS By-law No. 2023 - 002 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedules “B, “C” and “D1” and that Schedules “B”, “C” and “D1” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 17th day of January, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 430 of 450 SCHEDULE “B” 1. Municipal By-law Enforcement Officers: Paul Brown Jonathan Cook Sandro Elia Doug Evans Mike Formica John Grubich Jana Mills Philip Rudachuk Bart Skiba Brian Sparks Gerald Spencer Heather Stones Salvatore Valeo Patrick Vernon SCHEDULE “C” 1. Parking By-law Enforcement Officers: Paul Brown Marianne Catherwood Stew Frerotte John Garvie Douglas Goodings Rebecca Gratto Cathy Hanson Jay Modi Ashley Piercey Liam Raymond Philip Rudachuk Morgan Sereeira Thomas Tavender Page 431 of 450 SCHEDULE “D1” CANADA ONE OUTLET MALL 1. Parking By-law Enforcement Officers on private property: Chris Burian Steven Cober Arjunjit Kaloya Jesse Mallabar William McMillan Gagan Singh Sandeep Singh Jeonghwa Son Alexandria Trelford Page 432 of 450 CITY OF NIAGARA FALLS By-law No. 2023 - 003 A by-law to establish Block 212 on Plan 59M-384 (one foot reserve) as a public highway to be known as, and form part of, Angie Drive. WHEREAS Section 31(2) of the Municipal Act, 2001, provides, that after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money; AND WHEREAS it was a requirement of the City, that following the registration of the Garner Road Subdivision, the one foot reserve block located between the Garner Road Subdivision and the Deerfield Estates Phase 9 Subdivision, namely Block 212, Plan 59M-384, be established, laid out and declared as a public highway forming part of Angie Drive in order to permit legal access between the developments; AND WHEREAS the Garner Road Subdivision has now been registered; AND WHEREAS it is deemed desirable to declare Block 212 on Plan 59M-384, as a public highway, forming part of Angie Drive. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Reserve Block 212, Plan 59M-384, being all of PIN 64264-2393 (LT) (the “Subject Lands”) is hereby established, laid out and declared as a public highway forming part of Angie Drive, 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 17th day of January, 2023. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 433 of 450 CITY OF NIAGARA FALLS By-law No. 2023 – 004 A by-law to provide for Council Member appointments to certain Boards, Commissions and Committees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Those members of Municipal Council, as set out in Schedule “A” attached hereto, shall be appointed members to the various Boards, Commissions and Committees. 2. That all appointments are for the 2023-2026 term of Council. 3. That by-laws 2019-17, 2019-29 and 2020-39 are hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council this 17th day of January, 2023. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 434 of 450 2 Schedule “A” Appointments to Boards, Commissions & Committees, 2023 – 2026 Term Culture Committee Councillors Lococo and Campbell Recreation Committee Councillors Baldinelli and Strange Accessibility Advisory Committee Councillor Lococo Mayor’s Youth Advisory Committee Councillors Strange and Nieuwesteeg Property Standards / Dangerous Councillors Patel and Nieuwesteeg Dogs Committee Municipal Heritage Committee Councillor Lococo Park in the City Committee Councillors Pietrangelo and Strange Committee of Adjustment Councillor Pietrangelo and Baldinelli Seniors Advisory Committee Councillors Nieuwesteeg and Campbell Diversity & Inclusion Committee Councillors Campbell and Patel Anti-Racism Committee Councillor Lococo Niagara District Airport Commission Councillor Patel Niagara Falls Library Board Councillor Lococo Niagara Falls Tourism Councillor Thomson Niagara Falls Illumination Board Mayor Diodati & Councillor Nieuwesteeg Niagara Parks Commission Mayor Diodati Project Share Councillor Nieuwesteeg NF Convention Centre Board Councillor Thomson Downtown BIA Councillor Campbell Clifton Hill BIA Councillor Strange Lundy’s Lane BIA Councillors Pietrangelo & Baldinelli Victoria Centre BIA Councillors Nieuwesteeg & Lococo Fallsview BIA Councillor Thomson Main & Ferry BIA Councillors Strange & Patel Niagara Transit Committee City Councillor Wayne Campbell and Regional Councillor Joyce Morocco Page 435 of 450 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 - 005 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Yield Signs at Intersections, Stop Signs at Intersections) --------------------------------------------------------------- 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 A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Centre Street North Victoria Avenue and a point 22 m west of At All Times Victoria Avenue Tow Away Zone Centre Street North A point 22 m west of Victoria Avenue and Apr 1st to Sept 30th A point 62 m west of Victoria Avenue Centre Street North A point 62 m west of Victoria Avenue and At All Times Ellen Avenue Tow Away Zone Murray St. North Main St. and a point 16 m west of Main St. At All Times Tow Away Zone Murray St. South Main St. and Finlay Ave. At All Times Tow Away Zone Page 436 of 450 (b) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Centre Street North Victoria Avenue and Ellen Avenue At All Times Tow Away Zone Murray St. North A point 105 metres east of Finlay Avenue and At All Times The eastern terminus of Murray Street Tow Away Zone Murray St. South Finlay Avenue and At All Times The eastern terminus of Murray Street Tow Away Zone (c) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Centre Street North Victoria Avenue and Ellen Avenue At All Times Tow Away Zone Murray St. North A point 16 m west of Main St. and a point 15 m east of Finlay Ave. At All Times Except by Permit Tow Away Zone (d) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Jubilee Drive East Jill Drive and A point 22 metres north of Jill Drive At All Times Murray Street North A point 16 metres east of Finlay Avenue and a point 105 metres east of Finlay Avenue At All Times Except by Permit Tow Away Zone Pettit Avenue Both A point 155 metres south of Doreen Drive and the southern terminus of Pettit Avenue At All Times Woodbine Street North Montrose Road and Lee Avenue At All Times Woodbine Street South Montrose Road and a point 20 metres west of Montrose Road At All Times Page 437 of 450 (e) by removing from the specified columns of Schedule Q thereto the following items: YIELD SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Sandy Court and Trillium Crescent Southbound on Sandy Court Crimson Drive and Wildrose Crescent Eastbound on Wildrose Crescent Crimson Drive and Trillium Crescent Eastbound on Trillium Crescent Aspen Crescent and Lakewood Crescent Westbound on Aspen Crescent Crimson Drive and Lakewood Crescent (east intersection) Southbound on Lakewood Crescent Crimson Drive and Lakewood Crescent (west intersection) Westbound on Lakewood Crescent Alex Avenue and Aspen Crescent Eastbound on Aspen Crescent Alex Avenue and Hemlock Street Westbound on Hemlock Street Alex Avenue and Deerbrook Street Westbound on Deerbrook Street (f) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Sandy Court and Trillium Crescent Southbound on Sandy Court Crimson Drive and Wildrose Crescent Eastbound on Wildrose Crescent Crimson Drive and Trillium Crescent Eastbound on Trillium Crescent Aspen Crescent and Lakewood Crescent Westbound on Aspen Crescent Crimson Drive and Lakewood Crescent (east intersection) Southbound on Lakewood Crescent Crimson Drive and Lakewood Crescent (west intersection) Westbound on Lakewood Crescent Alex Avenue and Aspen Crescent Eastbound on Aspen Crescent Alex Avenue and Hemlock Street Westbound on Hemlock Street Alex Avenue and Deerbrook Street Westbound on Deerbrook Street Page 438 of 450 This By-law shall come into force when the appropriate signs are installed. Passed this seventeenth day of January, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 17, 2023 Second Reading: January 17, 2023 Third Reading: January 17, 2023 Page 439 of 450 CITY OF NIAGARA FALLS By-law No. 2023-006 A by-law to provide for the adoption of Amendment No. 149 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 149 to the City of Niagara Falls Official Plan is hereby adopted. 2. This by-law will come into force and effect on the day of the approval of the amendment by the Regional Municipality of Niagara. Passed this 17th day of January 2023. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: Page 440 of 450 OFFICIAL PLAN AMENDMENT NO. 149 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to update existing policies and introduce new policies within the City of Niagara Falls Official Plan respecting housing to implement Actions 1, 2, 5, 10 and 11 of the City of Niagara Falls Housing Strategy. (ii) Location of the Amendment The amendment applies to all lands within the City of Niagara Falls. (iii) Details of the Amendment Text Change The amendment introduces a new Part 1- Section 4- Housing to the Official Plan to implement Actions 1, 2, 5, 10 and 11 of the City of Niagara Falls Housing Strategy The following minor revisions were are also made: - Introduction of a new Growth Objective in Part 1- Section 2 related to increasing the supply of affordable housing; - Introduction of the provision of affordable and attainable housing as an assessment criteria for property acquisition, investment and public/private partnerships, and the sale of surplus land (Part 1- Section 3, Policy 3.14.4) - Relocation the broad city-wide affordable housing policies contained within Part 2- Section 1 to the newly created Part 1- Section 4 - Housing - Renumbering of policies, as appropriate. (iv) Basis of the Amendment Dillon Consulting Limited (Dillon), in collaboration with Tim Welch Consulting (TWC) were retained by the City in late 2020 by the City of Niagara Falls to conduct Housing Directions Study with the intent to undertake technical background research to inform the development of a Housing Strategy to help guide the City in meeting the various housing needs of current and future residents of Niagara Falls. The study assessed the City’s socioeconomic and demographic composition and reviewed the City’s residential land supply in terms of its ability to meet growth allocations the 2051 planning horizon, as well as in terms of the suitability of the housing mix distribution in providing housing types that could meet the financial needs of current and future residents. Based on the technical work completed and documented in the Housing Needs and Supply Report, a Housing Strategy was prepared, which included a vision and goals for housing in the City; and, a twenty-one (21) theme-based actions to be implemented by the City to address housing gaps in the short, medium, and long term. The Niagara Falls Housing Directions Study was subject to engagement via an online survey and targeted stakeholder interviews in the early phases of the work. A Technical Advisory Page 441 of 450 Committee (TAC) was also formed to provide input on key deliverables throughout the duration of the project. Presentations to Council occurred on June 22, 2021, to present the Housing Needs and Supply Study; and, on March 22, 2022 to present the Housing Strategy. At the Council meeting of March 22, 2022, Council endorsed the Housing Strategy and directed staff to initiate the formal Official Plan Amendment process to implement the policy-based short-term actions (Actions 1, 2, 5, 10 and 11 of the Housing Strategy), with other policy-based actions to be implemented at a later date as part of the City’s Official Plan Review. The Statutory Public meeting under the Planning Act was held on August 9, 2022. Page 442 of 450 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. 149 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. TEXT CHANGES a) PART 1, SECTION 2 STRATEGIC POLICY DIRECTION is amended by adding the following new growth objective as item 14 in the list of Growth Objectives: 14. To increase the supply of affordable housing options in the City and aim to achieve an annual target of 40% of all new housing developed meeting the definition of “affordable” b) PART 1, SECTION 3, INTENSIFICATION, Policy 3.2, Policy 3.4, Policy 3.6, and Policy 3.7 are all amended by replacing the reference to Part 2, Section 1.15.5 (iii) with Part 2, Section 1.11.4 (iii) in all instances c) PART 1, SECTION 3, INTENSIFICATION, Policy 3.14.4 is amended as shown below, with additions shown highlighted and underlined: Section 28 of the Planning Act permits municipalities to acquire land for the purpose of community improvement. The Community Improvement Plan for each node provides for a general program for the City’s involvement in property acquisition, investment and public/private partnerships. Council may also consider selling surplus City-owned land for redevelopment. In such cases, the City will also undertake a process that requires interested parties to submit a proposal for the development of the lands. These proposals shall be assessed on specific criteria established for the subject lands and the following policies: compliance with the policies of this Plan; consistency with the goals and objectives of the Community Improvement Plan; sensitivity of the proposal to the surrounding land uses and heritage character; the potential of the proposal to stimulate further regeneration and intensification; the provision of affordable and attainable housing; and the financial impacts of the proposal on the City. Page 443 of 450 d) PART 1, SECTION 4, HOUSING is added in its entirety, as shown below: “SECTION 4 HOUSING A range of housing which is affordable, accessible, adequate, and appropriate s is needed to ensure a high quality of life for residents. In order to meet the needs of current and future residents, a range of housing options is needed that includes the full spectrum of housing types, such as emergency shelters, transitional housing, subsidized and/or government assisted housing, affordable rental housing, affordable home ownership, market rental housing, market home ownership, and supportive housing. Planning for and supporting housing affordability is a shared responsibility between the City of Niagara Falls and Niagara Region. City Council also has an important role to play in housing affordability. City Council should have an understanding of the housing needs of residents across the entire housing spectrum and can advocate for housing affordability to other levels of government, develop partnerships with local providers, agencies and the private sector and educate the community more broadly about housing needs and affordability in the City. Understanding this shared responsibility is key to ensuring people living within Niagara Falls are served by effective local and regional municipal partnerships and collaboration that support housing affordability in the City. The policies in this section conform to the policy framework established in the Niagara Official Plan, and are intended to meet the following vision and goals for housing to assist in addressing housing needs as outlined in the City’s Housing Strategy. VISION AND GOALS FOR HOUSING Vision All residents have safe, stable and appropriate housing to meet both their physical and financial needs throughout the various stages of life. Goals 1. Ensure housing is available throughout the City to meet the varying financial needs of existing and future residents. 2. Diversify the City’s housing supply to include a wider range of price points; mix of housing types and densities; and, a range of options for housing tenure (rental and ownership). 3. Remove barriers to the creation of a range and mix of housing types, including alternative forms of housing throughout the City. 4. Understand the City’s housing system moving forward through continuous and ongoing comprehensive data collection, monitoring and reporting. 5. Cultivate and maintain strong relationships with regional and municipal partners, other levels of government, the private sector, and not-for-profit sectors to advance the various actions set out in the City’s Housing Strategy. Page 444 of 450 GENERAL POLICIES FOR HOUSING 4.1 The City supports a range of housing uses and built form types, including housing that is affordable. To achieve this the City shall: Provide opportunities for the development of affordable housing across the municipality Establish targets for affordable housing Promote a greater diversity of housing types Ensure a healthy supply of rental units Increase public awareness about housing and provide advocacy for partnerships Provide a variety of financial incentives to promote and facilitate the development of affordable and rental housing Monitor and report on an ongoing basis to measure the efficacy of implementation of the City’s Housing Strategy, address emerging housing needs and ensure actions are met within the stated timeframes 4.2 The City’s Housing Strategy and key actions shall be implemented in collaboration with the Region, senior levels of government, the development industry, community partners and other stakeholders to increase housing options, including affordable and purpose-built rental options. 4.3 Opportunities for a choice of housing including type, tenure, cost and location shall be provided to meet the changing needs of households throughout the Built-up Area and Greenfield Area. In order to achieve this goal, the City shall support the following: 4.3.1 Multiple unit developments, smaller lot sizes and innovative housing forms. 4.3.2 Development of vacant land, and more efficient use of under-utilized parcels and existing housing stock. 4.3.3 The full utilization and consolidation of properties to achieve larger scale and more comprehensive residential development. 4.3.4 Development of housing in conjunction with commercial developments in order to create walkable neighbourhoods. 4.3.5 Accessory dwelling units in single-detached, semi-detached and townhouse dwellings in accordance with the legislation set out in the Planning Act and as further regulated through the policies of this Plan and the Zoning By-law 4.4 Applications for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium shall include, as part of a complete application, the submission of a housing impact statement, either as a standalone report for large- scale projects, or as a section within a planning justification report for small-scale projects, demonstrating how the proposal implements the City’s Housing Strategy. The housing impact statement shall include the following: a) The proposed housing mix by dwelling type and number of bedrooms, as applicable; Page 445 of 450 b) How the proposal contributes to achieving the City’s annual housing targets as outlined in Part 1, Section 4, Policy 4.8 a) and b); c) The estimated rents and/or sales prices of the development, indicating where they are either above or below the threshold for affordable as defined by the Niagara Region and the City; d) Where construction of the units is expected to occur in phases, information regarding the number of housing units that would meet Niagara Region’s and the City’s definition of affordable to be provided per phase, where applicable; and, e) The proposed legal and/or financial mechanisms to ensure the delivery of any proposed new affordable housing commitments, and mechanisms to retain the long-term affordability of units, where applicable. 4.5 A housing impact statement as set out in Policy 4.4 is required where a development proposal would result in the loss of six or more existing rental housing units, and will also require: a) A tenant relocation plan; and, b) How the rental units will be replaced, either on site or at a new location 4.6 The City, in its review of subdivision/rezoning applications, will encourage provision of varying lot sizes, housing form and unit size in order to contribute to affordability. 4.7 The City will collaborate with Niagara Region, Niagara Regional Housing and other agencies in the provision of affordable housing and the development of targets for affordable housing. 4.8 Based on projections, it is expected that 20,220 new residential units will be built in the City between 2021 and 2051, or 674 new units on an annual basis. The City will aim to exceed the minimum targets for affordable housing established by the Niagara Region, which is set as 20% of all new rental housing built will be affordable and 10% of all ownership will be affordable. As such, the City has set an annual target of 40% of all new units meeting the definition of “affordable”. In this regard, the City will aim to achieve a minimum of 270 units to be built annually between 2021 and 2051 and beyond as affordable, with the following breakdown (the figure below provides an illustration of this for further clarity): a) 135 units per year to be built with a purchase price or rental price at or below the identified threshold for affordable in accordance with the Niagara Region’s definition of affordable b) 135 units per year to be built as rental units that would be affordable to rental households in the 30th income percentile or lower based on income deciles presented in the City’s annual housing monitoring report. Rental unit support provided by Regional Housing Services shall be in alignment with the Region’s Consolidated Housing Master Plan and dependent on available resources. Page 446 of 450 4.9 The City will consult with all levels of government and government agencies to: a) identify surplus government lands and/or buildings that may be suitable for affordable and attainable housing development; b) prioritize the sale of suitable surplus municipal property for the development of affordable and attainable housing in accordance with the City’s By-laws; and c) Identify brownfield and greyfield sites, including underutilized commercial sites or strip plazas, outside employment areas for mixed-use residential intensification and affordable housing development. 4.10 In disposing of City- owned surplus lands that are suitable for residential use, Council shall consider offering the lands to not-for-profit organizations for affordable housing. Similarly, various boards, commissions and agencies shall be encouraged to dispose of surplus lands suitable for residential use for the purpose of affordable housing development. 4.11 The City may consider the purchase of surplus institutional sites for the purposes of providing additional opportunities for affordable housing or other broader community needs. The City may also consider developing partnerships with the Region or not-for- profit housing providers in the redevelopment of surplus school sites. 4.12 The City supports the provision of accessory dwelling units. Accordingly, accessory dwelling units shall be permitted by the Zoning By-law in single detached, semi- detached or townhouse dwellings. Zoning regulations shall be based on the following: 4.12.1 An additional dwelling unit in the principal building and an additional dwelling unit in an ancillary building, for a total of three residential dwellings on one property, shall be permitted. Page 447 of 450 4.12.2 The lot size and configuration are sufficient to accommodate adequate parking, green spaces, private servicing requirements and amenity areas for both the principal dwelling and the accessory dwelling unit(s). 4.12.3 The accessory dwelling unit(s) meets all applicable law. 4.12.4 The overall appearance and character of the principal dwelling shall be maintained. 4.12.5 Accessory structures that have an accessory dwelling unit shall not be severed from the principal dwelling. 4.13 The conservation and renewal of the existing housing stock shall be encouraged as an important element in meeting future housing needs. In addition, the maintenance and rehabilitation of existing housing will be promoted by discouraging unnecessary demolition or conversion to non-residential uses through such mechanisms as demolition control and application of the Maintenance and Occupancy Standards By- law, where permitted under the Planning Act, without amendment to this Plan. 4.14 Where permitted under the Planning Act, the conversion of residential rental properties to a purpose other than a residential rental property with six or more units, the demolition of residential rental properties with six or more units, or the assembly of residential rental properties for the purposes of redevelopment with a cumulative total of six or more units, will not be permitted if it adversely impacts the supply of rental housing, as determined by housing targets, including affordable rental targets, set out in this Plan, the Niagara Official Plan; or, as determined by rental vacancy rates being below the minimum 3 per cent threshold. 4.15 Where permitted under the Planning Act, rental accommodation shall further be protected from condominium conversion by prohibiting the conversion of rental accommodation to condominium tenure when the vacancy rate is at or below 3 per cent over the preceding three year period. 4.16 The City’s housing market shall be monitored. The City shall initiate, when required, changes to municipal policy to satisfy local housing requirements. This annual monitoring program will include various housing-related information with particular emphasis on the following items. 4.16.1 Residential land supply. 4.16.2 The range of housing forms built in new residential development. 4.16.3 New housing prices relative to household income distribution. 4.16.4 Intensification performance analysis. 4.16.5 Accessory dwelling units, including the number of units registered and incentive uptakes, if applicable. Page 448 of 450 4.17 The City will implement a Demolition and Conversion Control By-law and a Rental Replacement By-law to further ensure protection of rental housing options where permitted under the Planning Act, without further amendment to this Plan. 4.18 The City will explore opportunities to implement Inclusionary Zoning in the Downtown Niagara Falls Protected Major Transit Station Area, where a Municipal Assessment Report completed in accordance with O. Reg 232/18, under the Planning Act, demonstrates financial viability of implementing such a tool. 4.19 The City will address housing affordability gaps through the provision of a suite of tailored incentives through an affordable and rental housing Community Improvement Plan. The City will work with the Region to identify opportunities for partnership and alignment for affordable and rental housing. 4.20 The City will provide ongoing monitoring and reporting on the implementation and achievement of the targets set out in the Housing Strategy and in this Plan. An annual report will be provided to Council to update on progress in implementing the Housing Strategy.” e) PART 2 SECTION 1 RESIDENTIAL is modified by deleting the following policies as they have been incorporated into the newly created PART 1, SECTION 4 HOUSING; and, renumbering the policies in PART 2 SECTION 1 RESIDENTIAL accordingly: General Policy 1.2 General Policy 1.10 General Policy 1.11 General Policy 1.13 General Policy 1.14 Page 449 of 450 CITY OF NIAGARA FALLS By-law No. 2023 – 007 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17th day of January, 2023. 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 17th day of January, 2023 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 17th day of January, 2023. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 450 of 450