2006/03/07
Council Information
'for period ended March 7, 2006'
*Municipal*
1. Great Wolf Lodge Grand Opening, Thursday, April 13th @ 2:00 p.m.
2. Neighbourhood Info meeting re: Residential Building adjacent to Michael's Inn I \t\orch q
3. Notice: Zoning By-law Amendment for April 3rd, Re: 5720 Dorchester Road,
Parking Lot for Church
4. Notice: Zoning By-law Amendment for April 3rd, Re: B & B at 4637 Ellis Street
5. Notice: Zoning By-law Amendment for April3rd, Re: 7-storey, 108 room hotel
6. Notice: Draft Plan of Subdivision for March 20th, Chippawa West Phase II
7. Invite to Provincial Assembly of ant. Secondary School Teachers Federation,
March 12-13
8. Staff comment re: Billboard signs
9. E-mail to Vincent Hockton
10. Hamilton Compliance Audit Case
11. Thank you from Adele Kon
*Provinciall A.M.O.*
1. OMERS
2. Amendment to Municipal Council Term
3. Municipal Act
4. Good Roads Announcements
5. Forestry Sector
6. Budget Standing Committee
-,r
*Regional*
1. Joint Board of Management Minutes
2. Best Start Initiative
3. Growth Plan for Golden Horseshoe
*Resolutions'
1. Renaming Highway 140
2. TVN Niagara
3. MPAC
4. Provincial Tax Relief
5. Source Water Protection
6. National Child Care Program
*Miscellaneous*
1. Small Urban Municipalities Conference
2. Fort Erie Mayor's Cup Hockey Tournament
3. St. John Ambulance
-" ,--..-
Page 1 of 1
Dean Iorfida - Fwd: RE: Tour of Great Wolf Lodge - March 27, 2006
From: Lydia Waters
To: Cathy Crabbe; Dean Iorfida
Date: 3/2/2006 10:28 AM
Subject: Fwd: RE: - Great Wolf Lodge,
--_.
Cathy & Dean
Official Grand Opening of Great Wolf Lodge, Thursday, April 13, 2006 - details to follow.
Please see attached email from Tim Parker.
Lydia
"'''' _~'_"''"'''._''_._''m'.'._'.'.'"",_."''.m. "'''''.--
Lydia:
Can you please pass along to council, Mayor, and all involved of our official opening gala party is Thursday
April 13 2006 . Times and more information to follow. Please have people mark this date on there calendar
Thanks
Tim Parker
General Manager
Ripley's
Niagara Falls, Ontario
Canada
--"._--...,-,_.".~---,~
Dean,
Serge spoke to Tim Parker, the opening ceremonies will probably start around 2 p.m.
Lydia
.
file://C:\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 0000... 3/7/2006
--. -.-----.-~--~~-~._- "--rr-
March 1, 2006
File No. 05220
Dear Neighbour
Re: Neighbourhood Information Meeting - March 9, 2006
You are invited to an informal neighbourhood information meeting to be held in Council
Chambers at City Hall starting at 7:00pm on March 9, 2006.
At the meeting will be representatives of the ORE development company, who plan to
build a residential building on property immediately adjacent to Michael's Inn. The
property fronts onto Niagara Parkway and extends from Philip St to John St.
This meeting is being held to show the proposed development to neighbours. We will
have plans of the building on display. Also members ofthe consulting team will be
available to answer questions.
I hope to see you at the meeting. If you have any questions please contact our project
planner Rick Brady at 905371-9764 ext 240.
Z:\UEMlProjects\2005 Projects\200 PLANNING & DEVELOPMENn05220 ORE Planninglletterlo neighoursfeh 27, 06.doc
________.___.w_____."."-".---
PUBLIC MEETING NOTICE
ZONING BY-LAW AMENDMENT APPLICATION
CITY FILE: AM-0l/2006
PURSUANT TO THE PROVISIONS OF THE PLANNING ACT
You are invited to attend a public meeting where City Council will consider an application to
amend Zoning By-law No. 79-200. The meeting will be held on:
Monday, April 3, 2006 at 7:00 p.m.
in the Council Chambers, City Hall, 4310 Queen Street.
The amendment is requested for two parcels of laud, as shown on Schedule 1. Parcell is
known as 5720 Dorchester Road and contains the church. Parcel 2 is known as 6859 High
Street and contains a single detached dwelling and an accessory garage. The church proposes
to demolish the dwelling on Parcel 2 and to convert the majority of the parcel into a parking
area for the church. The existing garage is proposed to be maintained and used as a storage
facility for the church. Refer to Schedule 2 for further details.
Parcell is zoned Institutional (I). Parcel 2 is zoned Residential Single Family IE Density (RIB).
A site specific I zone is requested to be placed over both parcels to allow Parcel 2 to be used in
conjunction with the church as proposed and to regulate its future use.
The meeting is being held to inform you about the application and to provide you with an
opportunity to express your views. Your comments may be given verbally or as a written
submission. Written comments should be submitted to the Director of Planning and
Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6XS prior to March
21, 2006. Please refer to City File AM-01/2006.
The comments you provide, as well as the report of City staff, will help Council make a decision
on the application. Council may ask for revisions to the proposal or attach conditions to its
decision. If you wish to be notified of the adoption of the proposed amendment you must make a
written request to the Director of Planning & Development.
If you disagree with Council's decision on the application, you can appeal it to the Ontario
Municipal Board (O.M.B.). However, under the terms of Ontario's Planning Act, if you have not
expressed your views at the public meeting or sent in your written comments before the proposed
zoning by-law is adopted, the O.M.B. may dismiss all or part of your appeal.
----r------~---.----"---. -- - ~-~----~--.-----.--.------- . ---... --------.------rru ----.
-2-
A copy of the Planning and Development Division's Recommendation Report on the application
will be available after 4:00 p.m. on March 28, 2006.
Additional information related to the application and the proposed amendments may be obtained
from Planning and Development, second floor, City Hall, between the hours of8:30 a.m. and 4:30
p.m. or by telephoning 905-356-7521, extension 4232.
This notice is dated at Niagara Falls, Ontario this 3rd day of March, 2006.
b~-
Doug Darbyson
Director of Planning & Development
AB:gr
Attach.
S:IZONINGIAMS\2006IAm.OllNotice.wpd
SCHEDULE 1
LOCATION MAP
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Amending Zoning By-law No. 79-200
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Location: 5720 Dorchester Road and 6859 High Street ~
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Applicant: Niagara Orchard Church \:NTS
AM-0l/2006
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PUBLIC MEETING NOTICE
ZONING BY-LAW AMENDMENT APPLICATION
CITY FILE: AM-04/2006
PURSUANT TO THE PROVISIONS OF THE PLANNING ACT
You are invited to attend a public meeting where City Council will consider an application to
amend Zoning By-law No. 79-200. The meeting will be held on:
Monday, April 3, 2006 at 7:00 p.m.
in the Council Chambers, City Hall, 4310 Queen Street.
The amendment is requested for the land known as 4637 Ellis Street, as shown on Schedule
1. The amendment is requested to permit the existing dwelling to be used as a tourist home
(bed & breakfast) containing up to three (3) bedrooms for tourists. Refer to Schedule 2 for
the details of the development.
The land is currently zoned Residential Single Family and Two Family Zone (R2). The R2
zoning is requested to be amended site specifically to permit a dwelling on the land to be used
as a tourist home containing up to three (3) bedrooms for tourists.
The meeting is being held to inform you about the application and to provide you with an
opportunity to express your views. Your comments may be given verbally or as a written
submission. Written comments should be submitted to the Director of Planning and
Development, City Hall, 4310 Queen Street, Niagara FaIls, Ontario, L2E 6X5 prior to March
21,2006. Please refer to City File AM-04/2006.
The comments you provide, as well as the report of City staff, will help Council make a decision
on the application. Council may ask for revisions to the proposal or attach conditions to its
decision. If you wish to be notified of the adoption of the proposed amendment you must make a
written request to the Director of Planning & Development.
If you disagree with Council's decision on the application, you can appeal it to the Ontario
Municipal Board (O.M.B.). However, under the terms of Ontario's Planning Act, if you have not
expressed your views at the public meeting or sent in your written comments before the proposed
zoning by-law is adopted, the a.M.B. may dismiss all or part of your appeal.
---,------------.----. --..-...-..-......----- --.. - - rr-- _.~-_._-_.._.__.._.-
- 2-
A copy of the Planning and Development Division's Recommendation Report on the application
will be available after 4:00 p.m. on March 28, 2006.
Additional information related to the application and the proposed amendments may be obtained
from the Planning and Development Division, second floor, City Hall, between the hours of 8:30
a.m. and 4:30 p.m. or by telephoning (905) 356-7521, extension 4246.
This notice is dated at Niagara Falls, Ontario this 3m day of March, 2006.
'b~-
Doug Darbyson
Director of Planning & Development
AD:gd
Attach.
S:IZONINGlAMS\2006IAm-04\Notice. wpd
SCHEDULE 1
LOCATION MAP
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Amending Zoning By-law No. 79-200
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Location: 4637 Ellis Street ~
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Applicant: Hsiao Ching Hsieh
I:NTS
AM-04/2006
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PUBLIC MEETING NOTICE
ZONING BY-LAW AMENDMENT APPLICATION
CITY FILE: AM-02/2006
PURSUANT TO THE PROVISIONS OF THE PLANNING ACT
You are invited to attend a public meeting where City Council will consider an application
to amend Zoning By-law No. 79-200. The meeting will be held on:
Monday, April 3, 2006 at 7:00 p.m.
in the Council Chambers, City Hall, 4310 Queen Street.
The amendment is requested for the land known as 5525 Victoria Avenue, 4858 Kitchener Street and
5486 and 5492 Union Street, as shown on Schedule 1. The amendment is requested to permit the
development of a 7 -storey, 108 room hotel while maintaining a portion of the existing motel, as
shown on Schedule 2.
The lands are zoned Tourist Commercial (TC) in part, and site specific Tourist Commercial (TS-5)
in part. The zoning of the land is requested to be changed to a new site specific TC zone to
accommodate the proposed development which is 26.5 metres (87 feet) in height and excludes a
dining room, and to recognize the portion of the existing motel that is to be retained.
The meeting is being held to inform you about the application and to provide you with an opportunity
to express your views. Your comments may be given verbally or as a written submission. Written
comments should be submitted to the Director of Planning and Development, City Hall, 4310
Queen Street, Niagara Falls, Ontario, L2E 6X5 prior to March 21, 2006. Please refer to City
File AM-02/2006.
The comments you provide, as well as the report of City staff, will help Council make a decision on
the application. Council may ask for revisions to the proposal or attach conditions to its decision. If
you wish to be notified of the adoption of the proposed amendment you must make a written request
to the Director of Planning & Development.
If you disagree with Council's decision on the application, you can appeal it to the Ontario Municipal
Board (O.M.B.). However, under the terms of Ontario's Planning Act, if you have not expressed your
views at the public meeting or sent in your written comments before the proposed zoning by-law is
adopted, the O.M.B. may dismiss all or part of your appeal.
..-.-.-.-..---..T-.----.-.-----.-..---..----~-- --- ----~.------...,.~_......._-..--_._.-------.---.-- -----~- ..- .TT----~--._-.
-2-
A copy of the Planning and Development Division's Recommendation Report on the application will
be available after 4:00 p.m. on March 28, 2006.
Additional information related to the application and the proposed amendments may be obtained from
the Planning and Development Division, second floor, City Hall, between the hours of8:30 a.m. and
4:30 p.m. or by telephoning (905) 356-7521, extension 4232.
This notice is dated at Niagara Falls, Ontario this 3rd day of March, 2006.
b~-
Doug Darbyson
Director of Planning & Development
AB:gr
Attach.
S:IZONINGlAMS\20061AnHl2\Notice.wpd
.
SCHEDULE 1
LOCATION MAP
Subject Land~
Amending Zoning By-law No. 79-200
N
Location: 4858 Kitchener St ~
5486 Union Ave
5492 Union Ave
5525 Victoria Ave
s
Applicant: 1251435 Ontario Limited and 1397878 Ontario Limited
I:NTS
AM-02/2006
k:\GlS_Requests\2006\Schedules\ZoningAM\AM-02\mapping.map February 2006
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SCHEDULE 2
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NOTICE OF PUBLIC MEETING
Zoning By-law Amendment Application
(File: AM-32/2005)
~ and
"Chippawa West Phase II"
Draft Plan of Subdivision
(Files: 26T-94009 Revised & 26T-1l-2005-01 Revised)
The City of Niagara Falls invites you to attend a Public Meeting as required by the Planning Act
where Council will consider an application to amend the Zoning By-law and also modifications to
an existing draft plan of subdivision and a proposed plan of subdivision. The meeting will be held:
Monday, March 20, 2006, 7:00 p.m.
Niagara Falls City Hall - Council Chambers
4310 Queen Street, Niagara Falls
The applicant proposes to develop a 43.336 hectare (107.082 acre) site for a residential plan of
subdivision containing a mix of dwelling types and a total of 626 units. The property is located on
the west side of Sodom Road, north side of Willick Road and southeast of Lyon's Parkway and
Lyon's Creek Road (see Schedule 1). The north section of the property was granted draft plan
approval in 1996 which is proposed to be modified. A new subdivision application has been
submitted for the south portion of the site. The applicant wishes to combine the land into one draft
plan of subdivision. Schedule 2 illustrates the revised subdivision layout. The street pattern
provides connections to Sodom Road and Willick Road with emergency access from Lyon's
Parkway. The overall subdivision proposes 239 lots for single-detached dwellings, 92 lots (184
units) for semi-detached dwellings, 24 blocks (133 units) for on-street townhouses and a block of
land for 70 townhouse condominium units. There are 26 lots designed with frontage onto Willick
Road. Additional blocks ofland in the plan are proposed for stormwater management, parkland,
valleylhazard land, walkways, emergency access and future development. The City's Official Plan
designates the majority of the property Residential which permits a variety of housing types. The
floodplain of the watercourse on the east part of the site is designated Environmental Protection Area
in the Official Plan.
The amendments to the Zoning By-law are intended to provide the necessary land use regulations
to guide the development of the subdivision and construction of dwellings. The site is currently
zoned, in part, Residential Mixed (R3), Residential Mixed - Holding (R3-H), Hazard Land (HL),
Open Space (OS) and Neighbourhood Commercial (Ne), through Zoning By-law No. 79-200 as
amended by site specific By-law No. 96-242. The applicant has requested the zoning ofthe land
be changed to a special Residential Mixed (R3) zone for the single-detached lots, semi-detached
lots and on-street townhouse blocks, the Residential Low Density, Grouped Multiple Dwellings
(R4) zone for the townhouse condominium block, the Open Space (OS) zone for the park and
stormwater management area, the Environmental Protection Area (EP A) zone for the valley
land/lloodplain and the Development Holding (DH) zone for the future development block.
----- -rr- . -----
-2-
This meeting is being held to inform you about the applications and provide an opportunity to
express your views. You may speak at the meeting or send a letter to the City. Written comments
should be submitted prior to Wednesday, March 8, 2006 to the Director of Planning &
Development, City Hall, P.O. Box 1023,4310 Queen Street, Niagara Falls, Ontario, L2E 6X5.
Council will make a decision on the applications after considering all input received from the public
and agencies, as well as the report of City staff. The decision of Council can include conditions or
revisions. If you wish to be notified of the adoption of the proposed amendment and/or the decision
on the subdivision, please make a written request to the Director of Planning & Development.
If you disagree with Council's decision, you may file an appeal to the Ontario Municipal Board. If
a person or public body that files an appeal of a decision of Council in respect of the proposed
zoning by-law or subdivision does not make oral submissions at a public meeting or make written
submissions to Council before the proposed zoning by-law is adopted or the subdivision is approved,
the Ontario Municipal Board may dismiss all or part of the appeal.
A copy of the Planning & Development Recommendation Report on the zoning amendment
and plan of subdivision will be available on Tuesday, March 14,2006 after 4:00 p.m.
Additional information regarding this application and the proposed subdivision may be
obtained from Planning & Development, City HaIl- 2nd Floor, between the hours of8:30 a.m.
and 4:30 p.m., Monday to Friday, or by telephoning 905-356-7521, extension 4296.
This notice is dated at Niagara Falls, Ontario this 2711> day of February, 2006.
~~-
Doug Darbyson
Director of Planning & Development
RW:gd
Attach.
FILE: S:\ZONlNGIAMS\2005IAM-32\Notice. wpd
SCHEDULE 1
Proposed Modifications & New Plan of Subdivision
Zoning By-law Amendment Application
Chippawa West Phase II
26T-94009 (Revised), 26T-1l-2005-01 (Revised) & AM-32/2005
Location Map
---------
Subject Land . Modification to Existing Approval & Rezoning N
26T -94009 (Revised) fE
- New Draft Plan of Subdivision & Rezoning
26T -11-2005-01 s
I:NTS
K:\GIS _ Requests\2005\Schedules\ZoningAM\AM- 32\mapping.apr February 2006
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SCHEDULE 2
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Office of the Mayor --
Inter-Department Memorandum
TO: Dean Iorfida DATE: February 22, 2006
City Clerk
FROM: Cathy Crabbe
Executive Secretary
Ext. 4202
RE: 87th Annual Meeting of the Provincial Assembly of the Ontario Secondary School
Teacher's Federation
Dean:
The organizers of the above-noted event have ask that we extend an invitation to the Members of
Council to attend this event on
(1) Sunday March 12 at 11: I 5 a.m. to hear their guest speaker, The Hon. James K. Bartleman,
Lieutenant Governor of Ontario
(2) Monday, March 13, 10:30 a.m. to see the presentation of Provincial Awards to local high
school students.
Thank you for distributing the attached material in the next Council Agenda packages.
Cathy
_.__._--~,..._--'------_._".-._._-_.,.__.~.- . -"_,_,_,,_-_,__,,,_.._-_.._,,--,'~"_',_._..."-'--'~"" ._.._,'. - - ---,. rr---'- ..-.,..-....-...-.. ...-
~
.~
osrn I FEESO
ONTARIO SECONDARY SCHOOL TEACHERS' FEDERATION
60 Mobile Drive, Toronto, Ontario, M4A 2P3
87'h ANNUAL MEETING OF THE PROVINCIAL ASSEMBLY
Sheraton on the Falls, Niagara Falls
March 10 - 13, 2006
TENTATIVE AGENDA
NOTE: Items marked with the number sign (#) will be dealt with at the
times indicated.
* * * * *
FRIDAY, MARCH 10,2006
7:30 - 10:00 p.m. Registration and Credentials Upper Fallsview Foyer
* * * * *
.oo /
--- .-"'-.---.---------.-----.--- '~~
[ 2 ]
SATURDAY, MARCH 11,2006 I DAY! I
8:00 a.m. Registration Upper Fallsview Foyer
Credentials Great Room Foyer
9:00 a.m. # I. Call to Order / National Anthem by Great Room
Aly Beswick and Alannah Garrett
- The President
2. The Federation Pledge
- The General Secretary
3. (a) In Memoriam
(b) Announcements of:
- Steering Committee
- Credentials Committee
- Speakers of the House
(c) Interim Report of the Credentials Committee
[PROC 201]
(d) Adoption of the Agenda and
Appropriate Procedural Resolutions
[PROC 202, 203]
(e) Adoption of the Minutes of the 2005
Annual Meeting of the Provincial Assembly
[PROC 204]
9:30 a.m. # 4. President's Address: Rhonda KimberJey- Young
5. Annual Action Plan 2006-2007
Report of the Provincial Executive on Federation
Annual Action Plan
(Clarification and Questions)
... /
._~_.~--_.._._._._.--_._~_.~---_._-~ ..-.......-
[ 3 ]
SATURDAY - MARCH 11,2006 - Continued
6. Resolutions as recommended by the Steering Committee
11:30a.m. # 7. Report of the General Secretary
- Rod Albert
12:15 p.m. 8. Announcements followed by Recess
LUNCH
1:30 p.m. 9. Resolutions as recommended by the Steering Committee
3:00 p.m. # 10. Committee to Review Committees -
Report and related Resolutions
11. Resolutions as recommended by the Steering Committee
5:00 p.m. # 12. Announcements followed by Recess
* * * * *
SUNDAY, MARCH 12, 2006 I DAY2 I
8:30 a.m. # 13. (a) Report of the Treasurer Great Room
- Sheila Vandenberk
(b) Presentation ofInterim Budget
(c) Budget Resolutions [BUDG]
(d) Report of the Finance Committee
14. Resolutions as recommended by the Steering Committee
... /
--~-~._-_.~--- .-------.
[ 4 ]
SUNDAY, MARCH 12,2006 - Continued
15. Final Report of the Credentials Committee
[PROC 205]
10:30 a.m. # 16. Annual Action Plan 2006 - 2007
Related Resolutions
17. Report of the Chairperson of Provincial Council
- John Dykes
18. Interim Policy Resolutions [INPO]
11:15 a.m. # 19. Guest Speaker - The Hon. James K. Bartleman,
Lieutenant Governor of Ontario
12:00 noon # 20. [DEADLINE FOR BUDG 201-06 and SUBMISSION OF
RESOLUTION WITH COST ESTIMATES]
12:l5p.m. # 21. Announcements followed by Recess
LUNCH
1:30 p.m. # 22. Recognition of Committee and Council Chairs
Committee!CouncillWork GrOUD ChairDerson
Active Retired Members' Council Betty Ann Bushell
Benevolent Council David Brohman
Certification CouncW Norm Wilkie!
Certification Appeal Board Sue Kaufman
Collective Bargaining Committee Norm Uhrig
Comite des services en langue Fran~aise Carole Dion
CommunicationsIPolitical Action Dan Fewings
Educational Services Committee Bonnie Cheung
Faculty of Education Advisory Work Group Keith Pacey
.../
"_.__...._-----~._----'---_...........".-----~ , -----
[ 5 ]
Committee/Council/Work GrouD Chairnerson
Finance Committee Kimberly Appel
Funding & Investment Advisory Work Group Sheila Vandenberk
Human Rights Committee Carlos Santander-Maturana
Judicial Council Manfred Netzel
Mediation Council Lynda Cloutier
Parliamentary/Constitution Council Craig Bowie
Provincial Council John Dykes
Sector Council of Presidents - ESS Ana Misiti
Sector Council of Presidents - PSSP Nancy McDougall
Sector Council of Presidents - Terry Murphy
Teachers/Occasional Teachers
Status of Women Committee Chantal Mancini
23. Remaining Resolutions - With Cost Estimates
And BUDG Amendments
24. Resolutions as recommended by the Steering Committee
4:00 p.m. # 25. [a] Announcements
[b] Deadline for Submission of "Resolutions from the Floor"
RECESS
6:00 p.m. 26. RECEPTION Great Room Foyer
27. ANNUAL DINNER Great Room
* * * * *
MONDAY, MARCH 13,2006 I DAY 3 I
9:00 a.m. # 28. Resolutions - Continued Great Room
As recommended by Steering Committee
.../
I. ~-
.
[ 6 ]
MONDAY, MARCH 13,2006 - Continued
10:30 a.m. # 29. Provincial A wards Presentation:
* Andre Lecuyer Award
* Kelly Ann McKenzie Award
* Arnie Zone A wards
* AmieAward
* Arnie Website Award
* Wendell Fulton Award
* Larry French Award
* Status of Women Award
* James Forster Award
* John McNeil Award
* Comite des services en langue fran~aise Award
11:00 a.m. # 30. Guest Speaker - The Honourable Gerard Kennedy
Minister of Education, Ontario
1 I :30 a.m. # 131. Presentation of Marion Drysdale Awards I
12:00 noon # 32. Announcements followed by Recess
LUNCH
1:30p.m. # 33. Greetings from the Faculty Student Representatives
1:35 p.m. 34. Resolutions - Continued
As recommended by the Steering Committee
2:30 p.m. # 35. Report of the Finance Committee
Related Resolutions
4:00 p.m. # 36. Announcements
ADJOURNMENT
February 7, 2006
law-cope 343
----'~-~._--_._-'--".------~-~-----_.._._._.-
Page I of2
Dean lorfida - Fwd: Re: Billboard Signs in Chippawa
From: Ken Beaman
To: Bob Judge; Dean Iorfida
Date: 2/24/2006 10:58 AM
Subject: Fwd: Re: Billboard Signs in Chippawa
CC: Karen Kelly
This matter has been referred to me for reply.
The law does not permit the City to exercise its legal powers simply becasue some one complains. In order for
the City to take action, there must be some grounds to believe that a a law is being broken or regulation being
contravened.
The facts alleged by Mr. Bucato do not disclose any evidence of an offence. A permit was issued authorizing
the installation of this sign prior to the by-law 2005-215 being enacted. That by-law prohibits staff from issuing
any further permits for roof signs in Chippawa after December 12, 2005. The by-law does not prohibit the
erection or installation of a roof sign in Chippawa in a case where a permit was issued for that sign prior to the
date the by-law was enacted. (December 12, 2005)
Of course the City can inspect the sign as it does in the usual course, to ensure that all applicable laws with
respect to structure and so on are complied with.
Ken
>>> Karen Kelly 2{14{2006 11:54 AM >>>
Further to my previous.
KK
. >>> Bob Judge 14-Feb-06 8:20 AM >>>
Dean;
We received this fax from Mr.Brucato last week, the sign did receive a permit. It was issued in November 2005
and they have just got around to the installation. I have faxed this information to Mr. Brucato and a couple of
Alderman, also Ron Waters has spoken with Brucato to explain the situation. Several senior staff are aware of
the Brucato fax.
Bob
>>> "Dean Iorfida" <diorfida@niagarafalls.ca> 2{13{2006 4:25 PM >>>
Please find attached a letter from John Brucato. Mr. Brucato has written before regarding the proliferation of
signs in Chippawa. This past week another roof top sign when up pn the building on the south west corner of
Cummington Square (Movieland, Royal Bank etc.).
Bob, did this sign receive a permit? Also, please see the list of Mr. Brucato's inquiries.
Assuming this did receive a permit, Karen can you comment on why the municipality can not instruct the
contractor to cease erection of the sign.
I will bring this to the next Senior Staff but we should be prepared to respond sooner.
Thanks
file:/ /C:\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 0000... 3/7/2006
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Hockton's Auto Tune Ltd Page I of2
Dean Iorfida - Re: Fw: 020605 council.doc
From: Dean lorfida
To: Vi ncent Hockton
Date: 3/7/20067:48 PM
Subject: Re: Fw: 020605 council.doc
CC: Felicetti, Serge
Vincent:
My sincere apologies for not responding sooner. With regard to your requests:
Minutes, Nov. 21st
These are attached, although it should be noted that the resolution was contained in my letter to you dated
January 15th in which I forwarded Mr. Priamo's response.
Our Letter to Greg Priamo as a Result of the November 21st Resolution of Council
I have confirmed with Mr. Felicetti, our Director of Business Development, that he did not send a letter to
Loblaws but informed them verbally of Council's request. For the record, Serge actually spoke to Mark Van
Doorewaard of Loblaws.
Etc.
I checked again today and can confirm with our Building DEaprtment that no building permits have been applied
for by Loblaws for Dorchester Road.
Finally, I would just like to reiterate that I provide all of your correspondences, including this one, for Council's
information.
Sincerely,
Dean lorfida, City Clerk
Niagara Falls
905-356-7521, Ext. 4271
905-356-9083 (Fax)
>>> "Vincent Hockton" <vhockton@cogeco.ca> 3/6/2006 8:55 PM >>>
Have not yet received a response to the email originally sent Feb. 7? Have not received a copy of the city's letter
to Mr. Priamo or the minutes of the Nov. 21 meeting.
Thanks.
Vince Hockton
---- Original Message -----
From: Vincent Hockton
To: sfeliceltllalniaoarafalls.ca
Sent: Monday, February 20, 20062:00 PM
Subject: 020605 council.doc
Hockton's Auto Tune Ltd.
6815 CROPP STREET, NIAGARA FALLS, ONTARIO L2E 7E4 (905) 374-7822
file:/ /C:\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 0000 ... 3/7/2006
--_.._..._--_._-------~.__._------_..~.- -"-----.
Hockton's Auto Tune Ltd Page 2 of2
February 7, 2005
Mr. Dean Iorfida
City Clerk
4310 Queen Street
P.O. Box 1023
Niagara Falls ON L2E 6X5
Dear Dean;
1 hope you and your family had a nice Christmas and New Year. Although you may find the greeting rather late,
as a matter of fact, my Christmas gift was to leave you alone for the month of January.
re: City's Letter to Mr. Priamo requesting clarification that no works begin until after road improvements take
place on Dorchester Road.
- Hockton's Auto Tune and Favero Car Wash are not concerned with Loblaw's opening date.
- As for impacts on Dorchester Road that currently exist, Vincor's expansion, coupled with road construction,
plus the expansion of the former Acres site to facilitate a Loblaws big box store will cause undue inconvenience
and financial pressure on our business.
- As for Loblaws quote: "The proposed food store and site plan to be substantially complete for proper
operation", it appears that Loblaws has every intention on starting construction prior to road construction being
complete. This would constitute a "substantially" blatant lie, not only to Dan and myself, but to all the members
of council that voted in favour of this amendment, based on Mr. Priamo's promise.
If construction begins prior to road construction being complete, I would like to appear before council, in
camera, along with Mr. Priamo.
Please forward this letter to Mr. Priamo (Loblaws), the Mayor, all Councillors and city staff concerned.
Please forward my attached comments from November 21 st Community Services Committee meeting to all
members of council and Mr. Priamo.
Please send me a copy of the letter the city sentto Mr. Priamo and a copy of the minutes of the Nov. 21 st
meeting. Inform me of Building Permits.
Sincerely,
Vincent Hockton
P.S. I will not roll over on this one.
file:/ /C :\Documents%20and%20Settings\Administrator\Local%20Settings\ T emp\GW} 0000... 3/7/2006
._--_.._------~.~----~-
Hamilton Spectator - News Page I of6
THE HAMILTON SPEcTAToR~-"~ ... .. -I,.', th
.'. ". rr:: .., .'d/. eSf
_'~_m__________.__..__.______."_____'__'___________________________~___~______. ___"________.__._____.__.______,_______________,__,._.__w _'
Home I News I GO I Sports I Classified I Contact Us I My Subscription I Search
q iJ .. " IT tl " " :1 <1 ~i l;
. Local News Di Ianni Called to Account
. Canada I World
. Business Chapman pleased with
. Opinions
. Discover 'what must have been
. Special Reports an incredibly hard
. Editorial Cartoon decision'
. Today's PDF Pages By Nicole Macintyre
The Hamilton Spectator
14-day Search (Mar 7, 2006)
L Larry Oi Ianni wiii answer to a
~ judge for breaking election
financing rules in his quest to
be Hamilton's leader.
City council made legai
history yesterday, voting 12-
1 to charge Oi Ianni for -
violating the Municipal
Elections Act.
The decision came as
vindication for citizen activist
Joanna Chapman, who has
fought for neariy two years to ",'''''i1
see the election of 2003
scrutinized.
"I'm very happy to see they Barry Gray, the Hamilton Spectator
were prepared to make what j
"
must have been an incredibiy ~~f
hard decision," she said. "The
evidence is compelling ... I'm
sure that they will make the
right decision in court." 1-
In a speech to his solemn
j",.>')i"
colleagues after the vote, Oi
Ianni said he was pleased
that the issue is out of the
political arena and before the
courts to be judged solely on
the facts.
http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout... 3/7/2006
_._~.-----_.__.._--_....._-~--~_.__.
Hamilton Spectator - News Page 2 of6
"I will take my lumps if I
have to take my lumps."
Council also voted to charge
failed candidates Marvin
Caplan and John Best. Di
Ianni said he felt bad for
both, arguing a "political
agenda is afoot."
"I've been the target here
from the beginning and I
painted the bull's-eye on
myself through the
campaign. "
Photos by Barry Gray, the Hamilton Spectator
The mayor returned nearly
$26,000 in illegal donations A vindicated Joanna Chapman, even sold family
from his $330,000 mayoral heirlooms to finance a court battle that will see Mayor
campaign after his own Larry Oi Ianni answer to a judge for breaking election
finance rules to be Hamilton's leader. Oi Ianni told
investigation and a court- councillors last night he was pleased that the issue is out
ordered audit. He says any of the political arena and before the courts to be judged
violations were honest
mistakes by a volunteer-
driven campaign.
An outside legal opinion,
debated by councillors behind
closed doors for nearly two
hou rs yesterday, advised
there were reasonable
grounds to charge Di Ianni. It
countered a report by the
city's own legal team, which
recommended taking no
action.
The alleged offences Include
failing to return illegal
donations as soon as possible
and poor bookkeeping of
donor information.
Under election rules, a
corporation or individual can
not donate more than $750.
If found guilty of violating the
act, a candidate can be fined
up to $5,000 or kicked out of
office.
The legal opinion noted in
this case that fines would
likely range from $500 to
$1,500 for more serious
offences and $150 for
technicalities.
The legal opinion forced the
http:/ /viIww.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout... 3/7/2006
'--,.y- -,,-,-'~""-
Hamilton Spectator - News Page 3 of6
hand of councillors, many
who feared taking no action
would only lead to judicial
review of their decision.
Councillor Bill Kelly was the
only councillor to vote against
charges. Councillors Bernie
Morelli and Murray Ferguson,
who've been ill, were absent.
Flamborough Councillor
Margaret McCarthy said it'd
be "irresponsible" for council
to ignore the legal advice.
"It wasn't entered into
lightly," said McCarthy. "It's
been a difficult day." John Best already plans to plead guilty, after maintaining
Dundas Councillor Art
Samson said council would
have likely been pilloried by
some citizens if it had done
nothing. He did not believe
the move will create a rift
between the mayor and his
council.
"This will hopefully clear the
air," said Samson.
McCarthy said, however, it
remains to be seen whether
the move will impact the
relationship.
"We made a decision to go
against a colleague, a high-
ranking colleague. Obviously,
there's a lot of strain and
stress attached to a decision
like this," she said.
Councillor Terry Whitehead
said he had a difficult time supporting the charges, because he felt Chapman's
quest was politically motivated. Every candidate should have faced the same
scrutiny, he said.
A city official will have to formally lay the charges against Di Ianni, Best and
Caplan. Council voted to hire an outside lawyer to prosecute the cases for the city.
Taxpayers have already shelled out more than $60,000 for the court-ordered
audits. Chapman admits she's sad the bill will grow, but said the case can't be
weighed on a cost-benefit analysis.
"I think you proceed on a case because its the right thing to do," she said, noting
the process didn't need to be this long and costly.
http:/ /www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamiltonlLayout... 3/7/2006
_____..___________________._____w.___. ,.."l'T"-~~.--...~-.---.-..-
Hamilton Spectator - News Page 4 of6
Chapman first came to councii in July 2004 asking for an audit of Di lanni's books
and numerous other candidates. She turned to the courts after her request was
denied. Her lawyer, Eric Gillespie, noted the case is precedent-setting and will
have an impact across the province.
"I think it is a bill that is quite appropriate borne by taxpayers because it really
does benefit the democratic process."
Di Ianni said he wanted to speak to his lawyer before deciding if he will plead
gUilty to the charges.
But Best already plans to plead guilty. He has always maintained his errors, which
the outside lawyer cited as reporting violations and not refunding an i1legai
donation in a timely manner were honest mistakes.
"I'm ready for the next round," he said, adding he does plan to seek legal advice
about how the city handled his case.
He believes they were negligent in not going ahead with an audit months ago
when he asked.
But Caplan, who was cited for not keeping proper eiection records, said he plans
to fight the charges.
"I am not guilty," he said, questioning if it's even fair that Chapman, who does not
live in his ward, can pursue him.
Di Ianni has already thrown his hat back in the ring for the fall election.
Voters will be the judge, he said.
The timing of Di lanni's re-election campaign announcements is "interesting to say
the least," said Chapman.
"It just seemed to me like extremely strange timing. I don't think it would have
been my choice in his shoes."
nmacintvret6J.thesoec.com
905-526-3299
THE HISTORY
* July 2004: Joanna Chapman asks council to audit Mayor Larry Di lanni's mayorai
campaign expenses after she found possible violations. She also fingers councillors
Tom Jackson, Bill Kelly, Terry Whitehead and five unsuccessful candidates. Council
rejects her request. Chapman announces she is going to court. Di Ianni hires an
auditor to examine his books, which are already under review by his team.
* December 2004: Complaints against most of the candidates are dropped after
they agree to take steps to comply with the Municipal Elections Act. Chapman
continues to pursue Di lanni, John Best and Marvin Caplan, who insist they've
done nothing wrong.
* May 2005: After months of arguments, Justice Timothy Culver makes history by
ordering an audit of Di lanni's books. Culver says Chapman had reasonable
http:/ /www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout... 3/7/2006
_.,,----.,---
Hamilton Spectator - News Page 5 of6
grounds to believe Di Ianni contravened the Municipal Elections Act. The judge
chastises council for failing or refusing to exercise its jurisdiction and not
considering the merits of Chapman's case. Di Ianni has returned $19,500 in illegal
donations after his own audit and investigation. The violations included companies
making multiple donations which put them over the limit. He says any errors were
unintentional.
* May 2005: Chapman lays charges against 18 companies for overcontributing to
Di lanni's campaign and violating the elections act. Spokespersons for three of the
companies -- J. Voortman and Associates, the Effort Trust Company and St.
Lawrence Cement Inc. -- express surprise at the charges but acknowledge
overcontributions. All suggest it resulted from simple errors.
* August 2005: Council hires Ken Froese, a chartered accountant with LECG
Canada, to audit the books of Di lanni, Best and Caplan.
* October 2005: Froese's investigation finds five new violations worth $3,300
beyond those uncovered by Di Ianni. Among the violations are donations from
ineligible contributors including a charity, a Quebec-based company, an estate
without the supporting will and two unincorporated companies. The auditor noted
all contraventions "were appropriateiy addressed by the candidate." He asks to
continue his audit to dig deeper. Froese finds three apparent contraventions and
one reporting error in Best's books. Caplan can't find his records.
* February 2006: Froese reports he's found another $3,100 in illegal donations to
Di Ianni. He found three groups of connected companies that exceeded the $750
limit and donations from ineligible companies. In each violation, Froese notes his
conclusions "relied on information not otherwise provided to Di Ianni."
Caplan's audit finds a violation for not keeping his campaign finance records and
two reporting errors. The auditor adds two reporting errors to Best's possible
violations. Council hires a Kingston lawyer to advise on whether to charge Di
lanni, Best and Caplan.
* Yesterday: Council votes to charge Di Ianni after receiving a legal report that
says there are grounds to do so. The vote is 12-1. It also votes to charge Best and
Caplan.
BY THE NUMBERS
* $26,000
* $26,000 -- how much Mayor Larry Di Ianni had to repay.
* 20 months -- how long this affair has gone on since Dundas bookseller Joanna
Chapman appealed to city council for an audit.
* 9-1 -- council's vote in July 2004, against Chapman's request to have an audit of
the campaign finances of the mayor, three councillors and five unsuccessful
candidates.
* $329,000 - $330,000 -- how much Di Ianni spent on his 2003 mayoral
campaign.
* $120,000 -- how much the mayor says he spent on TV, radio and print
advertisements.
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----.. '--""TT"""--'---O--'~-'-
Hamilton Spectator - News Page 6 of6
* $30,000 -- a line of credit Di Ianni took out from his own bank to finance his run
for mayor.
* $80,000 - $100,000 -- Di Ianni's campaign debt, erased by an October 2005
fundraiser at liuna Station.
* $165,000 -- how much his main challenger, now Hamilton Centre MP David
Christopherson, spent on his 2003 mayoral campaign.
* $750 -- maximum contribution that can be made by an individual or a group of
related companies.
* $5,000 -- maximum fine an offender or individual donor faces. Offender can also
be removed from office by the courts.
* $25,000 -- maximum fine a corporate donor can be fined.
* $25,000 -- estimated amount of money Chapman has spent on pursuing this
issue.
* $20,000 -- raised from an April 2005 fundraiser to help Chapman in her legal
fight. She auctioned off some family heirlooms.
* $60,000 -- cost by the city to hire auditor Ken Froese last fall to probe
contributions to the mayor's campaign. Bill from outside legal firm still to come.
* 18 -- number of companies accused of making illegal donations to the mayor's
campaign.
* 12-1 -- vote by council to charge the mayor with violating provinciallegisiation
and have it sent to court to be dealt with by a judge.
With files from Dan Nolan
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1-866-309-3811
- please Deliver To: Clerk
Minister 01 MuniciPll AIIIll,. Mlnltdre du AIIalres mUlllclpales ~
and Housing el du Logement
771 Bay Street, 17" 1=1001" n7. rue Boy, lr6lage
Tcronlo ON M5G 2E5 TorontD ON MS<> ~ES
Tel. (418) 585-7000 nl. (418) 58&-7000 Ontatlo
FIIX (416) 585-6470 T"'" (416) 685-6470
WWW.rnah.aoV.M OIl www.R1ah.aov.on.ca.
06.1553
February 23,2006
Dear Head of Council:
RE: An Act to Revise the Ontario Municipal Emplovees Retirement Svsrem 2006
I am wxiting to update you on the rapid developments around our legislation that have occurred
over the past 24 hours.
Bill 206 has received third reading and Royal Assent without any further amendments. We
strongly believe we have struck the right balance in our legislation. and we are confident that it
will prove to be solid public policy.
We are also proposing new legislation that would mandate a futwe review focusing on the actual
experience of tIle ucw governaDl,;C mudel in practice. The proposed legislation, if passed, would
take effect on or before June 30, 2006 and would provide for the following:
"1.1 A commitment for the Minister of Municipal Affairs and Housing to undertake,
beginning no later than :lO12, a review of the governance model for the OMERS Pension
Plan put in place through the devolution process (Bill 206).
1.2 The review would focus on the actual experience of the OMERS governance model in
practice, and would include (but not be limited to) the following areas:
a) The effectiveness and fairness of the overall governance framework in representing
the interests of employees and employers and ensuring efficient governance and
accountability of the OMERS pension plan;
b) The efficiency and effectiveness of Sponsors Corporation decision-making, including
any use of alternative dispute resolution; and
c) The effectiveness of the govemance framework in ensuring the overall fairness of the
plan and its overall financial stability, including ensuring that cross-subsidization is
not occurring between the primaxy pension plan and supplemental plans.
/2
-,..-- -...-..--...
-2.
1.3 The review would explicitly not include the following:
a) Reconsideration of the general principle of transfer of governance responsibility to
OMERS SpOnsoIll; and
b) Consideration of continuation of any supplemental plans put in place
1.4 The review will be conducted by an independent person mutually acceptable to the
Minister and to the employer and employee representative gronps, with collective
bargaining and pension expertise. Failing mutual acceptability, to be appointed by the
Chief Justice.
15 A report and any associated recommendations will be provided to the Minister and made
public within 30 days of the Minister receiving the report. The Minister will give serious
consideration to the recommendations contained in the report.
1.6 There would also be provision that after the first full valuation and in any event no later
than 2009, the Minister or his or her designate will consult with the employee and
employer representative groups to assess prowess in effectively implementinlt the
legislation, including governance matters." .
We look forward to this future review of the actual practices of the new OMERS governance
model. We believe it will confim1 the fairness, accountability and efficiency of our model.
Sincerely,
J)-SJ: ~-
J olm Gerretsen
Minister
- II
In Case of Transmission Difficulties, please call 416-863-2101 or
1-866-309-3811
please Deliver To: Clerk
News Release ~ Ontario
Communique
Ministry of Ministers des
Municipal Affairs Affalres munlclpales
and Housing et du Logement
For Immediate Release
February 23, 2006
PROVINCE GIVES CONTROL OF PENSION PLAN TO MEMBERS
Model Based On Broad Input
TORONTO - The Ontario Municipal Employees Retirement System (OMERS) is now
controlled by its members, Municipal Affairs and Housing Minister John Gerretsen said today.
"We have honoured our commitment to come up with a model for OMERS that achieves the right
balance," said Gerretsen. "This act puts first the interests ofthose who pay into the pension plan
and rely on it for their livelihood upon retirement."
The Ontario Municipal Employees Retirement System Act, 2006 is now law and gives the more
than 355,000 working and retired Ontarians who pay into and benefit from the plan, and their
employers, control over their pensions. Previously, the province controlled the pension plan even
though it does not pay directly into it or benefit from it.
The competing demands of everyone involved were considered as a new model for OMERS was
developed. The government took the unusual step of requesting legislative committee hearings at
both first and second readings to ensure all groups representing plan participants had input into
the final legislation.
The new model requires the creation of supplemental benefits plans for police, firefighters and
paramedics, and enables it for other employee groups. The act also explicitly protects the main
OMERS pension plan that thousands of Ontarians rely on for their livelihood from any costs
resulting from supplemental benefits plans.
The government is proposing legislation mandating a review ofthe new OMERS governance
model by 2012. The review would focus on the faimess, accountability and efficiency of the
Sponsors Corporation.
To keep the costs associated with the supplemental benefits plan reasonable for employees and
employers, the legislation states that only one supplemental benefit can be negotiated every three
years. As well, the act does not change the pensions currently being received by retirees.
"We are confident the new OMERS model will prove to be solid public policy," added Gerretsen.
-30 -
Contact:
Patti Munce Lisa Alfieri
Minister's Office Ministry of Municipal Affairs and Housing
(416) 585-6333 (416) 585-6187
Disponible enfran9ais
www.mah.gov.on.ca
,.
',:i,,';;
OMERS One University Ave. Tel: 416-369-2400 E-mail: c1ient@omers.com
Suite 700 Fax: 416-360-0217 Internet: www.omers.com
Toronto ON M512P1 Toll-free: 1 -800-387.081 3
tnAG. FflLLS CLERKS '06 03(6 10:54
March 1, 2006
Dean Iorfida
Clerk
City of Niagara Falls
P.O. Box 1023
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Iorfida,
On February 23, 2006, Bill 206 (An Act to revise the Ontario Municipal Employees
Retirement System Act) received Royal Assent. The new OMERS Act is expected to come
into force in 2006.
The new OMERS Act replaces the government as sponsor by establishing a new OMERS
Sponsors Corporation responsible for plan design and contribution rates and continues the
OMERS Board as the Administration Corporation, responsible for pension administration
and investments. The OMERS plan remains subject to the legal and regulatory framework
applicable to registered pension plans.
As the current OMERS Board assumes its new role as the Administration Corporation, our
focus on managing the Fund's investments and administering the plan will not change. We
will also continue with our investment strategy, which earned a return of 16 per cent in 2005.
This is important because, over the long term, investment earnings account for approximately
70 per cent of the funding for OMERS pensions. In short, we remain committed to achieving
superior returns to fulfill our pension promise and providing industry leading pension
services to employers, members and retirees. Nothing in this legislation changes our
mandate or obligation to administer the plan in the best interests of the members.
OMERS is ready to work with the Sponsors Corporation to implement the new governance
model and we are confident that we will all work together in the best interests of OMERS
members. We are preparing for the transition and while we do not yet know when
Proclamation will occur, we expect that there will be no disruption to our pension service
levels and investment business. Pensions are, and will continue to remain, secure.
...over
, a II
-2-
I have enclosed a copy of a special notice that was recently distributed to all OMERS
employers, outlining the key provisions of the legislation and what they mean in practical
terms. We are also sending similar information to active, retired and deferred plan members
so they may be informed on the malter. As always, more information may also be found at
our website www.omers.com.
We would appreciate you sharing this letter with members of your Council. If you have any
questions conceming the new OMERS Act and how it will affect you, please contact Debbie
Oakley, Senior Vice President of Corporate Affairs at (416) 350-6737.
Sincerely,
~
David Kingston
OMERS Board Chair
_.,~-'
OMERS
Employer U date
The new OMERS Act -
What you should know
t\lt'\\' structu!'C Bill 206 (An Act to Revise the Ontario Municipal OMERS focus will not change
t!lE' Oh'1[ RS, Employees Retirement System Act) was passed We continue to focus on managing the fund's
by the Ontario legislature on February 23, 2006. investments and administering the plan. Our
See page 4. The Act will take effect upon proclamation, investment strategy, which earned a return of 16%
which is expected later this year. This legislation in 200S, will not change as a result of the new
establishes a new and independent governance Act. This is important because, over the long term,
model for OMERS, gives employers and investment earnings account for approximately
employees more control over the OMERS 7(')t)O of the funding for OMERS pensions.
pension plan and introduces supplemental
plans. The government also announced that Safeguards in place
the new governance model will be reviewed Like all registered pension plans, OMERS is subject
in 2012 to assess its fairness, accountability to laws that protect the rights of members and set
and efficiency. investment limits to minimize risk to the pension
"The new OMERS Act adds independent fund. The new OMERS Act does not affect these
governance to the solid foundation we have built provisions.
over more than 40 years," said David Kingston,
OMERS Board Chair. "We're ready to work with Our pension services will not change
the Sponsors Corporation in the best interests of In 2005, OMERS met or exceeded every one of
OMERS members." our pension industry service standards, and we
Here are the key provisions of the new Act, work constantly to improve our performance in
highlighting what doesn't change, what does meeting the needs and expectations of members,
and when. employers and retirees.
OMERS pensions are strong and secure Those who pay for the plan make
The current OMERS pension plan continues as a the key plan design decisions
defined benefit pension plan, equally funded by Essentially, the new OMERS Act changes the
employers and contributing plan members. With plan's sponsor. The Province of Ontario makes
the new OMERS Act, current pension benefits no direct contributions to the plan but, until
and contribution rates do not change. The plan now, made all final decisions on such things as
continues to provide guaranteed retirement plan design, benefit changes and appointments
income for life, including inflation protection to the OMERS Board. The new OMERS Act
and excellent survivor and disability benefits. replaces the government as sponsor with the
after receiving the report) to either accept or reject the
Independent governance builds recommendation, again by a two-thirds majority. Otherwise, a
on the solid foundation we have 50%-plus-one majority can refer the issue to arbitration and the
developed over more than 40 years. arbitrator's decision is binding. The new Act also sets out rules
that will apply to the Sponsors Corporation's use of mediation
We're ready to work with the and arbitration after the transition period.
Sponsors Corporation in the best Equal representation for members and employers
interests of OMERS members. Initially, both Boards will have equal numbers of member
David Kingston and employer representatives. In the future, the Sponsors
Chair, OMERS Board Corporation will determine the composition of both Boards.
For details, see page 4.
new OMERS Sponsors Corporation, whose Board of Directors
will represent the current and former employees who are New OMERS Act removes caps on pension formula
members of OMERS, and the municipalities and other The new OMERS Act removes the limits on the OMERS pension
organizations that employ them. formula which used to be in the Municipal Act, 2001. Like other
In addition to the Sponsors Corporation, the new OMERS registered pension plans, any improvements in the formula
Act continues the OMERS Board as the OMERS Administration continue to be subject to maximums under the Income Tax Act.
Corporation, responsible for pension administration and Future changes to the pension formula will require Sponsors
investments. (See below.) Corporation approval
Decision-making protocols Funding reserve required to stabilize rates
The Sponsors Corporation will have the final say on important The new OMERS Act includes a new requirement that
issues, including plan design and contribution rate changes. contribution rates cannot be reduced, nor plan changes made,
These types of decisions will require a two-thirds majority of unless the plan is in a 105% funded position (assets are at least
the Sponsors Corporation. If the Sponsors Corporation cannot 5% more than liabilities). This requirement does not apply to
agree on a proposed change, the new Act establishes supplemental plans. Also, it does not apply to plan changes
transitional rules for the use of mediation and arbitration. that do not increase liabilities by more than 1%, or those
During the transition period (that is, until the Sponsors required for legal compliance.
Corporation passes a by-law or December 31, 2009, whichever
is earlier) the Act specifies additional decision-making rules for Supplemental plans for police, firefighters
changes related to plan design, contribution rates, and funding and paramedics
reserves. The Sponsors Corporation has 30 days to either accept Under the new OMERS Act, a supplemental plan must be
or reject, by a two-thirds majority, changes proposed in writing established within two years for police offices, firefighters
by a Sponsors Corporation member. Otherwise, the Sponsors and paramedics. Supplemental pension plans are separately
Corporation can, by a 50%-plus-one majority vote, send the funded, stand-alone pension plans that will offer benefits not
issue to mediation. available in the current plan. (See page 3.)
The mediator then has up to 44 days after being appointed
to report on the results of the mediation and make a Who gets supplemental plans?
recommendation on the proposed change. The Sponsors An initial supplemental plan must be established within two
Corporation then has a further 30 days (from its first meeting years for police officers, firefighters and paramedics.
Governance structure: Current Governance structure: New OMERS Act
Provincial Sponsors
Cabinet Corporation
. Plan design' . Plan design'
benefit changes benefit changes
. Contribution rates . Contribution rates
2
Supplemental plan benefits must be negotiated Additional costs as a result of the new OMERS Act
Eligible employers and members would locally bargain their There will be start-up costs related to implementing the new
participation and the benefits offered. Only one benefit may governance model (for example, costs associated with
be bargained initially. Subsequently, additional benefits can establishing the Sponsors Corporation). At this point, it is
be bargained one at a time, at three.year intervals. not certain how these costs will be funded. We are assessing
possible funding sources.
Do paramedics get the same benefits? There will be ongoing operating costs for the new Sponsors
The new OMERS Act treats paramedics the same as police Corporation. The new Act requires the Administration
and firefighters. Because it does not change the terms of the Corporation to reimburse the Sponsors Corporation for lawful
current plan, however, the new Act does not automatically expenses. The Sponsors Corporation may charge fees to active
make paramedics eligible for a normal retirement age of 60. members and employers to cover its remaining expenses.
Under the current plan, a normal retirement age of 60 is These fees would be collected by the Administration
available only to police officers and firefighters. A Sponsors Corporation.
Corporation decision would be required to amend the plan There will also be costs associated with the benefits of
to extend this benefit to paramedics. supplemental plans. In 2005, OMERS developed generic
Paramedics are still eligible for the other benefits estimated costs for supplemental plan benefits and distributed
provided in the police and fire sector supplemental plan, them to stakeholders. Benefit costs for a specific employer
with the exception of the ability to retire early without a are difficult to predict since the supplemental plans do not
penalty when age plus credited service equals 80. The new yet exist. The Ontario government intends to seek legislative
Act clearly states that this benefit is contingent upon a approval to exempt supplemental plans from the solvency
member having a normal retirement age of 60. funding requirement in the Pension Benefits Act. This would
have the effect of reducing the costs of these plans.
Will supplemental plans be offered to other members?
The legislation also permits the Sponsors Corporation to What happens next?
establish supplemental plans for other OMERS members. The new governance model will be implemented when the
legislation comes into effect and the government appoints
Only those in supplemental plans pay fo, them the members of both boards.
Each supplemental plan will be funded by the contributions
of the employers and employees who participate in that More information
particular plan, as well as the investment earnings on those Visit www.omers.com and click on Bill 206/0MERS Act (in the
contributions. No assets of the current plan may be used to Quick Links section). You'll find an overview of the legislation,
fund any benefits or other liabilities of a supplemental plan. FAQs, a link to the complete text of the new OMERS Act, and
other information.
Supplemental plan benefits for pollee, firefighters and paramedics
Supplemental benefit What it provides Current benefit under primary plan
2.33% pension fonnula Ufetime pension plus bridge benefit to Lifetime pension plus bridge benefit to age 6S =
age 65 = up to 2.33% x service x eamings 2.00% x service x earnings (Integrated with CPp)
85 Factor Retire with unreduced pension if: 90 Factor for normal retirement age 65 members
(available to normal retirement age 65 members) age + service = 85 or more
80 Factor Retire with unreduced pension if: 85 Factor for normal retirement age 60 members
(available to normal retirement age 60 members) age + service = 80 or more
3~year average annual earnings Pension calculated on average of 3 years Pension cakulated on annual average of highest
of earnings consecutive 60 months of earnings
4-year average annual earnings Pension calculated on average of 4 years Pension calculated on annual average of highest
of earnings consecutive 60 months of earnings
Notes:
. To be eDglble for early retirement factors, members must be within 1 0 years of normal retirement age.
. All supplemental benefits apply to service accruals after the supptemental benefit Is Implemented (I.e., all prior service remains under current rules) unleu the
past service associated with the particular benefit is paid for by the emptoyer and/or member.
. The member has the option to pay for supplemental coverage on all or part of past service. Although not required, employers may pay past service costs for
suppiemental plans (with the exception of the higher annual accrual rate).
3
New structure under the OMERS Act*
Sponsors Corporation
. Responsible tor plan design, benefits and contribution rates (two-thirds majority required)
. 14 voting members, initially appointed by the Ontario government for up to 1 year
. From the first anniversary until the Sponsors Corporation passes a by-law dealing with its composition, CUPE (Ontario)
representative has 3 votes; AMO's 2 representatives have 2 votes each; all other members have 1 vote each
. Two Advisory Committees appointed by the Sponsors Corporation: an S-member committee for police/fire/paramedics
and a 12-member committee for other members and employers.
. Association of Municipalities of Ontario 2 . Canadian Union of Public Employees (Ontario) 1
. City of Toronto 1 . CUPE Local 79 and 416 (rotates between locals) 1
. School Boards (rotates between public and . Police Association of Ontario 1
Catholic Boards) 1 Ontario Professional Fire Fighters Association 1
.
. Ontario Association of Police Service Boards 1
. Ontario Secondary School Teachers' Federation 1
. Other employers (rotates among
. Other contributing members
representatives of other employers) 2 (rotates among other unions and associations) 1
. Members receiving or entitled to a
pension (rotates among organizations
representing these members) 1
Administration Corporation
. Responsible for investment of funds, plan administration and services to plan participants
. 14 voting members, initially appointed by the Ontario government, for up to 3 years.
Employer Representatives Plan Member Representatives
. Association of Municipalities of Ontario 2 . Canadian Union of Public Employees (Ontario) 2
. City of Toronto 1 . Police Association of Ontario 1
. School Boards (rotates between public and . Association of Municipal Managers. Clert<s and
Catholic Boards) 1 Treasunon; of Ontario 1
. Ontario Association of Police Service Boards 1 . Ol1tarlo ProfessIonal Fire fightets Association 1
. Other employers (rotates among . Other conlrlbuting members
representatives of other employers) 2 (rotates among olhet unions and associations) 1
. Members receiVing or entitled to a
pension (fOtates among organizations
representing these members) 1
*Transitional composition, subject to Sponso~ Corporation by-laws. (Changes to Board composition can be made by Sponsors Corporation by-law and require a
simple majority for changes to the Sponso~ Corporation and a two-thirds majority for changes to the Administration Corporation.)
\ Phone IJ Fax Mall E-mail Web
416-369-2444 416-369-9704 ~ One University Ave. ~ employer@omers.com ~ www.omers.com
1-800-387-0813 1-877-369-9704 Suite 700 (en fran~is au anglais) e.access.omers.com
Toronto ON M5J 2Pl
t>isponil:*l!Ilkan..... PmttsSNl499-lOO7 (OrIineISSNl499-301S) PublicaIiorI$Ma~AgJeementNo.:~10368
4
I'De~.r1IClrtlda:66636~~it<5MERS supple.lller1t~Ii)lans.pdf Page 1 I
,
Member Communication I ~ (' Association 0 f
,^.. . Municipal~ies
'iI . of Ontario
A I t 393 University Averue, SLile 1701
e r Taooto, ON M5G 1E6
Tel: (416) 971-9656 . fax: (416) 971-6191
email: amo@aoo.on,ca
To the immediate attention of the Clerk and Council March 3, 2006 - Alert 06/013
OMERS Bill 206
- STATUS OF SUPPLEMENTAL PLANS -
By now, you lMluld have received a letter, dated February 27,2006 from CUPE President Patrick
(Sid) Ryan to advise that CUPE Ontario is recommending that OMERS supplemental plans be
put on the bargaining table in every municipality, SChool board, and children's aid society -
backed up by a right to strike.
CUPE members will benefit from any improvements made to the OMERS base plan, along with
all members ofOMERS. However, CUPE members will only have access to supplemental
benefits through local negotiation if the Sponsors body, once establ iShed, decides to create a
supplemental benefits plan for employees othe rthan the police, fire and paramedics.
To avoid any confusion regarding the status of supplemental plans as of the date of passage
February 23, 2006, AMO lMluld like to remind our members ofa few important facls:
- Supplemental plans are separately funded, stand-alone plans that will offer enhanced
benefits not available in the current OMERS basic plan.
- Under the new OMERS legislation, a supplemental plan must be established within t\Ml years
of proclamation only for the selecled grouping of oolice officers, firefiahters and oaramedics.
Eligible employers and these selected members lMluld locally ba rgain their participation and
the benefits ultimately offered.
- Only one benefit for this selected grouping may be bargained initially. Subsequenijy,
additional benefits can be bargained one ata time, ata local level, within three-year intervals
(i.e., there must be at least 36 months between the date that one prescribed supplemental
benefit is made available and the date that any subsequent supplemental benefit (by that
same employer).
- Access to the enhanced benefits for this seiected grouping may D..Qi be accelerated by
shortening the terms of collective agreements (e.g., to one year).
Although the costs of sup pi em ental benefits lMluld be borne equally byemployer and employee
members, anticipated local costs are potentially very high. Municipalities are strongly urged
to track the specifiC impacls of this legislation, including suppl ementary plans, on both taxpayers
and employees given their own local profiles to ensure the public understands the true legacy of
Bill 206.
This infamation is available in the Policy Issues section of the AMO website at WWW.amo.on.ca
For more Information, contact 416~971-9856: Pat Vaniri, Executive Director, at ext. 316 or
Brian Rosborough, DirectOf of Pdicy at exl. 318
.~
IDeanToifida:060:3b3alfUil~ate()riF>roposed :Muni~iilaIAct.Ariiendriient.p~r Page 1 I
Member Communlcallon I ~ r-. Association of
. ......:1 · Municipalities
't? . . ..' of Ontario
A I t 393 UrivElI"sity Aven.Je, Suite 1701
e r Tormo, ON M5G 1E6
Tel: (416) 971-9856 . fax: (416) 971-6191
email:alTlC:i@aroo.on.ca
To the immediate attention of the Clerk and Council March 3,2006 - Alert 06/014
Update on ProposedAmendmentto Municipal Council Term
Issue: The Province intends to propose four-year terms for local council members and school
trustees in time for the 2006 municipal election. AMO has pressed for this change since March
2005.
Premier McGuinty announced on February 21 that his government intends to amend the
Municipal Elections Act to change the current three-year term of council to a four-year term.
This change will represent an amendment to the Act, which the government hopes to inlrodu ce
and pass during the spring session of the legislature.
Background:
AMO firstbroached this issue in September 2004 asa result of resolutions from Toronto and
Brampton asking for a fixed election date and a term extension. The AMO Board established an
AMO Advisory Committee with the mandate to cons ult with other muniCipal associations and
school board associations, develop and distribute a survey to all AMO member municipal
councils, undertake analysis, and to prepare a report.
The survey generated a strong response from the members and fairly consistent positions on
most issues. The results of the survey included:
1. Lengthening the term o/municipal council from three to four years was supportad by
61 % of respondents. The vast majority (91 %) of proponents beiieved this change should
be implemented across the province.
2. Almost all members (96%) preferred that school board elections continue to take place
at the same time as municipal elections.
3. 59% of respondents favoured maintaining the current date for elections on the second
Monda y in November.
4. The members (66%) also wanted municipal elections to occu rata different year than
provincial elections.
In add ition to the aggregate d response, members v.I'lre also categorized by tier and whether
they v.I'lre urban or rural communities. There was no noticeable spiitbetween urban and rural,
or 10v.l'lr and upper tier municipaiities on any of the questions.
Based on the results o/the comprehensive survey of councils and the advice of the Advisory
Committee, the AMO Board recommended a 4-year term amendmen t to the Government of
Ontario.
...f2
- -------.----~.-~._.~-_..,.~- ~_rr_-.-.-----r--.-----
l[bean.I.o.1i~a.:b663Q~~lt Oi)date~on.Proi>os~d:r';\.uniCiilal'ACi.Aniendrneni.p~f'.' Page2!
~ 2-
Impact on Candidates:
We are advised that the proposed change in length of term will not have any effect on those
that have filed or plan to file to run as candi dates in the 2006 election. Candidates who have
already filed their nomination papers will not need to re-fiIe nor will there be any obstacles for
those that have filed but now wish to remove their nomination.
Action:
AMO has congratulated the Premier and Minister Gerretsen for taking action on this issue. The
AMO Board believes this action recognizes municipal councillors as equal members in a
respected order of government byenabling them to implement their agenda in a similar fashion
as both the provincial and federal governments. In addition, a four-year term provides
municipalities with an enhanc ad ability to undertake long -term strategi c planning and
implementation.
AMO will keep its members updated on this and any other proposed amendment to the
Municipal Elections Act.
This information is available in the Policy Issues section of the AMO vvebsite at WWW.amo.on.ca
For more information, contact: Scott Vok~1 Senior Policy hlvisor at 416-971-9856 extension 334.
II ~_.__.~-"
In case of Transmission Difficulties, please call 416-863-2101 or
1-866-309-3811
Please Deliver To: clerk HIRG. HlLLS CLERKS '06 022310:1 2
Minister 01 MuniCipal Allai'" Ministre des AffBires munlclpales ~
and Housing el du Logemant
777 !!lay Street, 11" Floor 777. rue !Say, 17-'rage
Toronto ON M5G 2ES Toronto ON MSG 2E5
Tel. (416) 585-7000 Tel. (416) 565-7000 0lJ1arlo
Fax (416) 585-6470 HIe.: (416) 565-6470
WNN.mah.Qov.on.ca \N\fIIIW.mah.oo\f.on.ca
06.1$'7
February 22, 2006
Dear Head of Council:
I would like to inform you of some of our govenunent's intentions related to extending the
length of the term of office for municipal councillors and school trustees.
Yesterday, at the Ontario Good Roads Association-Rural Ontario Municipal Association's
annual meeting, Premier Darton McGuinty announced our government's plan to propose
legislative changes to the Municipal Elections Act, 1996. If passed, these changes would extend
the term of office for municipal councils and school boards to four years from three with a view
to strengthening local government.
Over the last few years, we have listened to many municipal decision-makers who have
advocated for a longer term of office for local government representatives in Ontario. If the
proposed legislation passes, municipal leaders and school trustees will be elected for four-year
terms.
A four-year term would provide municipal councils and school boards with more time to plan
and implement their agendas, in a similar fashion to the federal and provincial governments.
If the legislation passes, Ontario would be in step with half of the provinces in Canada, including
Quebec, Manitoba, Newfoundland and Labrador, Nova Scotia and New Brunswick, which
currently bave four-year tenns.
As you know, the election cycle began January 1,2006. If passed, the legislation would make
the change effi 've for the 2006 municipal elections, and successful candidates in November's
coming elec . ns ould begin their four-year terms on December 1, 2006.
IT
I'..""....'.'..'....'.."."...."...".......""."".......".."...........".."."".. ..'..;....................,...........,....
i Deanlorfida - 060303fyiMuni~ipal.A.ct Discussions.pdf Page 1
Member Communication ~td. Assodaiion of
Municipalities
For Your . of Ontario
393UniVllrWtyAVlInLle,sLlltel101
6nformation Toronto,ON M5G 1 E6
Tel:(416)911-985& fax: (416)911-S191
emailllmo@amo.on.C8
To the attention of the Clerk and Council. March 3, 2006 - FYI 06/002
Municipal Act Reform
- Update -
ISSUE: AMO is continuing its dialogue with the Ministry of Municipal Affairs and Housing
(MMAH) around the review of the Municipal Act, 2001. MMAH intends to bring
forward a Bill to amend the Municipal Acteffective for January 1,2007.
BACKGROUND :
The current Municipal Act has been in effect since January 1,2003.
In 2004 the Premier and Minister Gerretsen both committed to reviewing the Municipal Act with
speciai attention to ensuring that the Province was not micro-managing municipalities. In June
2004, MMAH officially launched the review. Over the fall, MMAH compiled all comments
received.
AMO provided a full submission in October 2004 (Achieving a Mature Relationship ), which was
guided by 9 principles for a mature relationship. These principles continue to guide our current
IMl rk:
1. Municipalities are responsib Ie and accountable governments.
2. New legislation shall enhance existing municipal po,^",rs.
3. The province shall stop micro-managing municipai governments.
4. Where there is a compelling provincial interest the province shall when regulating
municipal government define at the outset that interest.
5. Provincial legislation shall be drafted with the expectat ion of responsible municipal
government behaviour and not as a remedial tool.
6. Accountability means mutual respect between municipal government, the province and
other public agencies.
7. Resources for municipal governments shall be sustain able and commensurate with the
level of responsibilit y.
8. The Municipal Act shall include principles that will protect the Municipal Act and
municipal po,^",rs from all provincial legislation.
9. The province shall commit to increasl ng the understanding and awareness of municipal
government within all ministries.
.../2
.__._~----~--~-_._~
IDe~nlortid~:665363h'LMu6iciilaI6cfDfsc~5sions.il~( .... . . ',,~" Page 21
- 2 -
2005 /2006 Consultotions:
AMO continued its1Mlrk with the Association of Municipal Clerks and Treasurers (AMCTO), the
Ontario Municipal Administrators Association (OMAA) , the Municipal Law Directors Association
of Ontario (MLDAO), and the Municipal Finance Officers Asso ciation of Onta rio (MFOA) to
provide input on the Act that truly reflects municipal governments in a respectful and mature
manner. In essence, AMO has asked that municipalities be given flexib ility and choice as a
responsible and accountable order of government.
These are some of the areas that are being discussed:
. Maintain the current Municipal Act's structure by modifying itto include new provisions.
. Incorporate broad new taxing authority into the Municipal Act consistent with the proposed
Toronto Act.
. Incorporate Broad Authorities into the Municipal Actbut reduce limitations and exclude any
sunset clause for provincial overwrite.
. Permit municipalities on discretionary basis to appoint an independent Integrity
Commissioner, establish a lobbyist registry, and enact codes of conduct.
. Maintain the current division of powers between council and its head.
. Incorporate new authorities for Business licensing, Small business programs, Boards,
Corporations, and Enforcement present in the proposed Toronto Act into the new Municipal
Act.
. Repeal prescribed and onerous information and reporting requirements as well as details
on providing notice.
. Eliminate some of the requirements related to fees and charges.
ACTION:
AMO will continue to participate and coordinate the municipal sector to ensure that our
principles and concerns are incorporated into the new Municipal Act. A more complete
synopsis on our recommendations will soon be availabie on the website.
This information is avaifable in the Policy Issues section of/he AMO website at www.amo.on.ca
Formare Infonnation, contact Pat Vanin;, AMO Executive Director, ext. 316
"-,r-
Member Communication ~It:t_ Association of
i, Municipalities
For Your . of Ontario
393 University Avenue, &lite 1701
6nformation Toronto, ON M5G 1E6
Tel: (416) 971-9656. fax: (416) 971-6191
email: amo@amo.on.ca
To the attention of the Clerk and Council. February 22, 2006 - FYI 06/001
2006 OGRAlROMA Combined Conference
- Announcements-
ISSUE: The Ontario Government made a series of announcements during the OGRA/
ROMA combined conference.
ANNOUNCEMENTS:
1. Land Ambulance 50:50 Share of Costs
The Government of Ontario has announced a funding commitment to ensure that the
Province fully pays its true 50:50 cost sharing of land ambulance services by 2008.
Beginning this year, the Province will incrementally spend an estimated $300 million over
the next three years toward achieving a true 50:50 sharing of costs with municipalities for
land ambulance services. This will equate to revised annual funding allocations as follows:
. $280 million in 2005-06; or, $50 million more than the current base allocation
. $333 million in 2006-07; or, $100 million more than the current base allocation and,
. $385 million in 2007-08; or, $150 million more than the current base allocation
AMO Position:
Ontario's municipalities have fought hard to convince the Province to pay its fair share of
ambulance costs for almost a decade. AMO welcomes Premier McGuinty's long awaited
announcement to increase provincial funding to municipalities over the next three years for
land ambulance services.
We look forward to working with the Province to finalize further details on the process to
determine the specific impact of this provincial announcement for local communities across
the province.
2. Trilateral Discussions on the Federal/Provincial/Municipal Fiscal Imbalance
The Premier announced his intent to pursue a tri-Ievel commission on Federal/ Provincial/
Municipal fiscal issues and to work with AMO to address the current Provincial/Municipal
fiscal imbalance. This commitment includes a desire to work toward relieving municipalities
of downloaded costs that constitute the current Provincial/Municipal fiscal gap.
AMO Position:
AMO is very encouraged by the Premier's commitment to work with Ontario's municipalities
to address the current unsustainable provincial-municipal fiscal relationship.
.../2
---- -~"----~- I. ..-....--
-2-
3. Municipal Elections Act Amendment
Premier McGuinty announced that the Province intends to propose four-year terms for local
council members and school trustees, putting local officials on par with their provincial
counterparts. If this change were adopted, four-year municipal terms could start this fall.
AMO Position:
The Province's announcement responds to a request made by AMO based on a 2005
survey of municipal councilors.
4. Line Fences Act Amendment
Minister Gerretsen announced that the Ministry of Municipal Affairs and Housing (MMAH)
plans to introduce amendments to section 20 of the Line Fences Act, in the spirit of the
Caldwell Report's recommendations. The proposed changes would limit fences, for which
the abandoned rail rights-of-way (ARROW) owner is 100% responsible for the costs of
construction and maintenance, to adjacent farmland (lands that qualify under the Farm
Registration and Farm Organizations Funding Act).
All other properties adjacent to ARROWs will be subject to the provisions of sections 3 and
4 of the Line Fences Act. In addition, a new guide to the Line Fences Act that aims to clarify
the roles of municipal staff, fence viewers and property owners in resolving line fence
disputes will be accessible online this week.
AMO/ROMA Position:
While limiting fence claims to farm properties is a welcome start to a long overdue overhaul
of Section 20, it falls far short of what is needed. Any municipality that owns an ARROW
must still absorb all costs related to these fences. While there may be some necessary
protection from damage to agricultural properties from trail uses on former railway lands, it
is unclear why the municipality should pay 100% of the costs for a fence that was not
necessary while an active railway line existed.
Municipalities are prepared to pay a fair share for fencing of lands that abut ARROWs
where the landowner has a genuine need for fencing due to an existing pastoral livestock
operation. AMO believes the costs of fencing (construction and maintenance) should be
borne jointly by both abutting landowners. Municipalities are also keenly interested in
improving the Trespass Act and developing limits on joint and several liability to ensure that
both private landowners and municipalities are protected from property damage and
frivolous lawsuits.
ACTION:
AMO will continue to advocate municipal interests and will keep members informed on all
developments.
This information is available in the Policy Issues section of the AMO website at www.amO.on.ca
For more information, contact: B. Rosborough, Director of Policy, AMO, at 416-971-9856 ext. 318
-------_.__....~ --...
Member CommunIcation ! ~ (' Association of
','.' . Municip~lities
............... "lrt ..... of Ontario
A I t 393 University Avenue, Suite 1701
e r Toronto. ON M5G 1 E6
Tel: (416) 971-9856' fax: (416) 971-6191
email: amo@amo.on.ca
To the immediate attention of the Clerk and Council February 23, 2006 - Alert 06/012
Province Announces Funding for Forestry Sector
Issue: Premier McGuinty announced yesterday three initiatives aimed to buttress Ontario's
ailing forestry industry.
Background:
The government plans to invest $220 million over the next three years to help with the cost of
forest access roads and reduce stumpage fees. This funding shall be allocated as follows:
. $47 million a year to support the construction and maintenance costs of primary and
secondary access roads;
. $3 million a year for the next three years by reducing stumpage fees for poplar veneer
and white birch; and
. $70 million in refunds to the industry as a result of reducing stumpage fees retroactively
for 2005-06.
These actions are a welcome attempt to address the competitiveness challenges faced by the
industry by reducing the cost of delivering wood to processing facilities (the cost of forest
industry activities related to supplying wood fibre to processing facilities). The Ministry of
Natural Resources estimates that the roads initiative and three-year reduction in timber prices,
coupled with the measures already announced, will reduce the cost of wood delivery by $4 per
cubic metre on average over the next three years.
AMO Position:
AMO has consistently argued that a vibrant forestry sector is crucial to the health of many
communities in Northern Ontario and the economy of the province on the whole. Ontario's
forestry sector supports 200,000 direct and indirect jobs and has annual sales and exports of
approximately $27 billion.
Working in support of our Northern members, AMO has argued that supportive infrastructure
and energy policies need to be in place to ensure Ontario firms can remain competitive with
those from other jurisdictions.
Action: AMO will continue to monitor the impact of the policy changes on the sector and its
host communities and will continue to advocate for necessary support to ensure the industry
remains competitive.
This information is available in the Policy Issues section of the AMO website at www.amo.on.ca
For more information, contact: Scott Vokey, AMO Senior Policy Advisor, at 416-971-9856 extension 334
--'~-~-'~ --
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ontario
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~~,' RECEIVED;'"
February 23, 2006 FEB:' " 2006
Niagara Falls.cityCouncil !.ltiVOR'S OFFICE
P.O. Bo>{t023, 4310 Queen St.
Niagara Falls, ON L2E 6X5
Dear Mayor Salci and Council, ,"'c
~~r~~~:,:ri:,:
As you k~ow, th~ Standing Committee 02 'iiI~~ai'l9 Econpmic Affairs recently
held provlnce-wld~cpre-Budget cons~ltatl ~?~ijnfal;i:t,'manyiijOcal municipal
";, .<> ," ~F< k :;". >,'._..,..~.-._./.hrb- ',<.,',.. >:. .. i<f'
leaders took th~iF~tp present atim~ ~.: C c. ..". /l2@Qlitl~rl!I~ln Niagara Falls.
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'Mv'. 'El' w~~i.ne-a ,from the pres.e . .. . >~~lo tlWe~~h .....oed jh'IlI'! ..:. "'..
Commj~'~RlePo~., I am eager to co~n,e4ighting.tff ei~sues and 1o'ok'
forwar~tP~~~ri<:ldv~on how to move aheao from fietfi!: .
Please accept my sincere thanks for your participation in this process.
Tim Hudak ~JI /{\OP.j jflIJl/b br ~
MPP Erie-Lincoln . ,..I(,^J~CJf'ioUZ I f\ JJ Fa (Is -
. . ' '1l1
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Action Cm"": County Fair Mall. 200 Garrison Rd. . Unit 2/ . Fort Eri<, Ontario. L2A 556. uL (905) 994-/-TIM (846) , Fax (905) 994-/140
Qu<ms Park Offiu: Room 347. Ugis/ativ< Bldg. . Quun, Park. Toronto. Ontario M7A /A8. uL (4/6) 325-8454. Fax (4/6) 325-0998
Websitt: www.timhudakmpp.com . E-mail. timhudak@niagara.ntt *
------------ --- --- .~ -
Niagara'9Ilf Region PROVINCIAL OFFENCES COURT
ADMINISTRATION
4635 Queen Street, P.O. Box 840 Niagara Falls ON L2E 6V6
Telephone: 905-371-8988 Toll Free: 1-866-278-8303
Fax: 905-371-9855
www.regional.niagara.on.ea
February 27,2006
Mr. Dean lorfida
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario L2E 6X5
Re: Joint Board of Manaqement Minutes
Enclosed you will find the February 21, 2006 meeting minutes of the Joint Board of Management,
Niagara Region Courts which will be included in the Region's Corporate Service Committee agenda
for March 15, 2006.
The Joint Board of Management, Niagara Region Courts is an oversight body whose mandate is to
provide guidance and direction to the Provincial Offences Court operation. Meeting on a quarterly
basis, the seven member Joint Board is composed of four permanent members (Niagara Falls,
Weiland, St. Catharines and the Region). The remaining three seats on the Board are reserved for
area municipalities who serve on a one year rotational basis, thus ensuring that all municipalities are
represented over a three year term.
~
Recently we have received indications that the minutes of the Joint Board of Manageme! Niagara
Region Courts may not be receiving broad enough circulation within its member municipa . ies. With
the Board facing many challenges and opportunities in the near future it is important to b aden the
level of understanding of those challenges and opportunities amongst area municipal stakelflders.
(J)
It would greatly assist and enhance the Board's mandate if you would circulate the min~s of the
Joint Board to your municipal council, your Chief Administrative Officer and your Treasu:m for their
information. In receiving these minutes, area municipal decision makers will hav a better
understanding of the issues and challenges facing the POA operation in the near future. ,......
,......
,:>.
....;]
Yours very truly
06~
~ Bill Bernard ""
-
. Manager, Court Services f.:
?
and r--
Secretary, '"
i
Joint Board of Management
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----------~--_._-_._----~---_._-'--_._..._-~---.
THE REGIONAL MUNICIPALITY OF NIAGARA
JOINT BOARD OF MANAGEMENT
NIAGARA AREA COURTS
REPORT 1-2006
Minutes of a meeting of the Joint Board of Management Niagara Area
Courts held in Committee Room 2, Regional Municipal Building, Thorold,
Ontario, on Tuesday, February 21,2006, commencing at 2:00 p.m.
ATTENDANCE
Joint Board
Members: Ms. Poulin, City of St. Catha rines, Chair; Messrs. Banks,
City of Weiland; Boncori, Township of West Lincoln; Luey,
Township of Wainfleet; Ms. Gilroy, Regional Clerk; Ms.
Labatte, City of Thorold
Staff: Mr. Bernard, Secretary, Joint Board of Management; Mr.
Kyne, Director, Legal Services; Ms. Staines, Legislative
Assistant.
NEW BOARD MEMBERS
1. Acknowledae and Welcome New Board Members
The Chair, Ms. Poulin, welcomed everyone to the meeting and introduced
the new members.
ADOPTION OF AGENDA
2. Moved by Mr. Banks
Seconded by Ms. Labatte
That the agenda be approved and adopted as presented.
Carried.
-
JBM 1
-,,--- -_.~.-
Joint Board of Management
February 21, 2006
APPROVAL OF MINUTES
3. Report 4-2005
Moved by Mr. Banks
Seconded by Mr. Boncori
That in the minutes of the Joint Board of Management Niagara Area
Courts November 22 meeting, the Motion be amended to read "That
Messrs. Kyne and Bernard prepare a report for circulation to the Joint
Board of Management representatives, for further consideration and
discussion at the next meeting, before submission to Area Municipal
and Regiona/ Councils to seek direction and recommendations for the
delivery of POA Services in the longer term. (Item 39, Page 21)
Carried
Moved by Mr. Banks
Seconded by Mr. Boncori
That Report No. 4-2005, minutes of the Joint Board of Management
Niagara Area Courts (November 22, 2005) meeting be approved as
amended.
Carried.
4. 2005 Variance Report
Mr. Bernard provided background information respecting the source of
variances in the report.
Moved by Mr. Luey
Seconded by Ms. Labatte
That the 2005 Variance Report for the month ended December 2005 be
received.
Carried.
Mr. Bernard distributed further background documents including:
. Operating Statement, Year to Date As Of December 31, 2005 for
Cost Centre 1611, POA Court
. 2005 Budgeted and Actual POA Distribution to Municipalities
Mr. Bernard noted that the Region will recover overpayments to the
municipalities through deductions from the first scheduled payment in
2006 and that area municipal treasurers have been so advised. To avoid
future overpayments, the payments to area municipalities will reflect actual
receipts for the quarter and will not exceed the budgeted amount for the
period.
JBM 2
Joint Board of Management
February 21, 2006
-
5. 2005 Year End Report for Provincial Offences Court Operations
CSD 33-2006
Mr. Bernard provided highlights of the report and outlined his ongoing
concern over the declining trend in the number of tickets filed with the
court, the lack of judicial resources, the cancellations of scheduled court
time and the cumulative negative effect of these issues on POA revenue.
On the collections front, Mr. Bernard acknowledged the continuing efforts
of Ms. Jaram, Collections Co-ordinator, and collections staff in pursuing
and collecting delinquent fines revenue.
The Board was advised of the increase in the number of prosecutions
being undertaken on behalf of area municipalities and decided to re-visit
this matter at its next scheduled meeting.
Mr. Bernard distributed a further background document:
. New Offences NRP vs. OPP
Moved by Mr. Banks
-- Seconded by Ms. Labatte
That Report CSD 33-2006, February 21,2006, respecting the 2005 Year
End Report for Provincial Offences Court Operations, be approved.
Carried.
6. 2006 Budoet Update & Revenue Distribution
Mr. Bernard distributed the 2006 POA Budget which has been approved
by the Budget Review Committee and will be going to Committee of the
Whole and Council for approval on March 2nd. Area Treasurers have been
advised of the $500,000 gross revenue reduction to the 2006 budget. Mr.
Bernard distributed a document outlining the 2006 net revenue budget
distribution of $750,000..
Moved by Ms. Gilroy
Seconded by Mr. Luey
That the report respecting the 2006 Budget Update and Revenue
Distribution, dated January 3, 2006, be received.
Carried.
.-
JBM 3
''''-- .-
Joint Board of Management
February 21, 2006
7. Criminal Records Check Policv
Ms. Poulin cautioned that permission for a Criminal Records Check should
be received from candidates before a conditional offer is presented as this
could become a human rights issue if a position is denied based on the
Criminal Records Check.
Moved by Mr. Banks
Seconded by Mr. Luey
That the Niagara Region Corporate Policy No. C3.C18 respecting Criminal
Record Check Policy be received for information; and
That POA Bulletin # POA-1 B-044, February 8, 2005, respecting
Guidelines to Criminal Background Checks for Prospective POA Municipal
Employees, be received for information.
Carried.
8. POA Reportino Re-alianment
Moved by Mr. Banks
Seconded by Mr. Boncori
That the oral report by Mr. Bernard, Manager, Provincial Offences Court,
respecting the POA Reporting Re-alignment, be received.
Carried.
9. Election of Chair and Vice-Chair
Ms. Poulin, Board Chair, outlined the process for the election of Chair and
Vice-Chair of the Joint Board of Management Niagara Area Courts and
called for nominations for the position of Chair.
Ms. Poulin nominated George Banks.
Mr. Banks declined the nomination.
Ms. Poulin nominated Karen Kelly.
Ms. Poulin asked for further nominations and, there being none, closed
nominations.
Ms. Poulin will advise Ms. Kelly that she was acclaimed as Chair of the
Joint Board of Management Niagara Area Courts, for a one-year period.
Ms. Poulin then called for nominations for the position of Vice-Chair.
JBM 4
Joint Board of Management
February 21, 2006
Mr. Banks nominated Ms. Poulin.
Ms. Poulin asked for further nominations and, there being none, closed
nominations.
Ms. Poulin was asked if she would consent to stand.
Ms. Poulin consented to stand.
Ms. Poulin was acclaimed as Vice-Chair of the Joint Board of
Management Niagara Area Courts, for a one-year period.
10. Other Business
Mr. Kyne requested that the use of Prosecutors be added to the next
agenda.
Mr. Bernard provided information on the Contingency Plan in place to be
used in case of a strike by CUPE 1287 respecting Bill 206. He advised
that court services will be maintained with limited counter service
provided.
11. Next Meetino Date
At the call of the Chair.
ADJOURNMENT
The Joint Board of Management adjourned at 3:10 p.m. to meet again at
the call of the Chair.
~
Annette Poulin Betty Staines
Chair Legislative Assistant
Bill Bernard
Secretary,
Joint Board of Management
JBM 5
..'''--
THE REGIONAL MUNICIPALITY OF NIAGARA
JOINT BOARD OF MANAGEMENT
NIAGARA AREA COURTS
REPORT 4-2005
Minutes of a meeting of the Joint Board of Management Niagara Area
Courts held in Committee Room 3, Regional Municipal Building, Thorold,
Ontario, on Tuesday, November 22, 2005, commencing at 1 :35 p.m.
ATTENDANCE
Joint Board
Members: Ms. Poulin, City of St. Catharines, Chair; Messrs. Banks,
City of Weiland; Berg, Town of Niagara-on-the-Lake; Ms.
Gilroy, Regional Clerk; Ms. Kelly, City of Niagara Falls;
Messrs. Kolasa, Town of Lincoln; Schonewille, Town of
Grimsby.
Staff: Mr. Bernard, Secretary, Joint Board of Management; Ms.
Jaram, Collections Co-ordinator; Mr. Kyne, Director, Legal
Services; Ms. Middleton, Administrative Assistant.
ADOPTION OF AGENDA
27. Moved by Ms. Kelly
Seconded by Mr. Schonewille
That the agenda be approved and adopted.
Carried.
APPROVAL OF MINUTES
28. Reoort 3-2005
Moved by Mr. Schonewille
Seconded by Mr. Banks
That Report 3-2005, being the minutes of the July 19, 2005 meeting of the
Joint Board of Management Niagara Area Courts, be approved.
Carried.
JBM 17
.
JBM 4-2005
November 22, 2005
29. 2005 Third Quarter Collections Report
Moved by Mr. Banks
Seconded by Ms. Kelly
That this report be received for information and;
That amendments to the collection model outlined in this report be
implemented effective January 2006 and;
That staff be directed to cease collection activity for the 574 cases valued
at $78,093 as noted in this report
Carried.
30. 2005 Third Quarter Variance Report
Mr. Bernard provided an overview of the Statement of Expenditures and
Revenues for the month ended September 2005 commenting that the
report indicates that gross expenditures are 1.6% over budget and that it's
,_... unlikely that budgeted net revenue estimates for 2005 will be achieved.
Moved by Mr. Berg
Seconded by Mr. Schonewille
That the 2005 Third Quarter Variance Report, be received.
Carried.
31. Access to Justice (Report JBM 2-2005)
Moved by Ms. Gilroy
Seconded by Mr. Schonewille
That this report be received and;
That this report be circulated to all area municipal councils for their
information.
Carried.
.-
JBM 18
I.
JBM 4-2005
November 22, 2005
32. Prosecution Reauest - Ministrv of Aariculture, Food & Rural Affairs
Moved by Ms. Kelly
Seconded by Mr. Berg
That this letter be received for consideration
Carried
Ms. Poulin asked that the following motion be moved:
That a prosecution fee, that is reflective of our costs, at $125 an hour
would be implemented for prosecution services in cases where someone
pleads not guilty. This motion is subject to a yearly review as well as
termination at our discretion.
Carried
CLOSED SESSION
33. Moved by Mr. Schonewille
Seconded by Mr. Berg
That this Committee do now meet in Closed Session for purposes of
receiving information of a confidential nature relating to confidential
matters.
34. Audit Results
Mr. Bernard provided an overview of the Audit results and responded to
questions from Committee members.
Moved by Ms. Kelly
Seconded by Mr. Kolassa
That the letter from KPMG, Chartered Accountants, providing an Audit
Report, be received.
Carried.
35. Report PWA 146-2005
License Agreement with Ministry
Partial Use of Facilitv - P.OA Court
Moved by Ms. Kelly
Seconded by Mr. Kolassa
That Report PWA 146-2005 License Agreement with Ministry Partial use
of Facility - P.OA Court August 23, 2005, be received for information.
JBM 19
JBM 4-2005
November 22, 2005
.-
Carried.
36. PWA 158-2005
Lease Extension
Niagara Falls P.OA Court
4635 Queen Street
Moved by Mr. Banks
Seconded by Ms. Kelly
That the report PWA 158-2005 Lease Extension Niagara Falls P.OA
Court 4635 Queen Street, be received for information.
Carried
37. PWA 194-2005
Per Diem License Agreement with
Her Majesty the Queen
P.OA Court - 4635 Queen Street
City of Niaaara Falls
Moved by Mr. Banks
Seconded by Ms. Kelly
That the report PWA 194-2005 Per Diem License Agreement with Her
Majesty the Queen P.O.A Court - 4635 Queen Street, Niagara Falls, be
received for information.
Carried
38. Moved by Mr. Schonewille
Seconded by Mr. Berg
That this Committee do now rise with report.
Carried
39. Court Accommodation
Committee discussed the special meeting of the Board held on July 19,
2005 to review the current status of POA court accommodations and to
receive input from all stakeholders as to the level of service that is
important to the area municipalities.
Committee members discussed the feasibility of reducing the number of
POA offices, and the challenges associated with recommending a
potential centralized location. It was suggested that a financial analysis be
undertaken and provided to Area Municipal Councils with a request for
_. direction and expectations in the longer term. Current challenges were
highlighted and included the decreasing revenues, increasing costs of
operation, and the impact of pending court closures in 2006 caused by a
shortage of Justices of the Peace. It was felt that the Area Municipal
JBM 20
-,r- ~,._-
JBM 4-2005
November 22, 2005
Councils needed this information to understand the challenges of
achieving optimal efficiencies in the delivery of service and the
administration of justice.
Following discussion, it was:
Moved by Mr. Schonewille
Seconded by Mr. Kolassa
That Messrs. Kyne and Bernard prepare a report for submission to the
Area Municipal Councils to seek direction and recommendations for the
delivery of POA Services in the longer term.
Carried.
40. POA Reportina Re-alianment
Mr. Kyne, Director, Legal Services, distributed copies of organization
charts showing the proposed re-alignment of POA reporting in the
Regional Corporation, as well as the Schedule A from the Inter-Municipal
Agreement. He explained that the changes were being suggested as part
of an organizational re-design, and would result in the POA Manager and
staff reporting to the Director, Legal Services, rather than the Regional
Clerk.
Concerns were expressed that this recommendation had been suggested
and declined at a previous Board meeting, in particular because it did not
represent the reporting relationship identified in the original agreement.
The original agreement had required the continued separation of POA
administration and prosecution. It was suggested that Regional Council
should not have approved this recommendation prior to any discussion
with the Area Municipal partners.
Mr. Kyne assured Committee that the day-to-day operation would not
change and pointed out that the prosecutors currently had a reporting
relationship to Legal Services, and that the POA Manager would continue
to exercise autonomy over the administration of the POA services
Following considerable discussion, it was:
Moved by Ms. Kelly
Seconded by Mr. Banks
That the members of the POA Board request approval of their respective
Councils for the change in the reporting re-alignment from the original
Memorandum of Understanding to the current recommendation.
Carried.
JBM 21
JBM 4-2005
November 22, 2005
....
Moved by Mr. Banks
Seconded by Ms. Kelly
That the proposed amendment in reporting re-alignment of the POA
Manager and staff from the Regional Clerk to the Director of Legal
Services, be approved, and
That the Manager, Court Services, be directed to provide a letter to the
Area Municipal partners requesting approval of the said amendment.
Carried.
ADJOURNMENT
The Joint Board of Management adjourned at 4:10 p.m. to meet again at
the call of the Chair.
.-- Annette Poulin Wendy Middleton
Chair Administrative Assistant
Bill Bernard
Secretary,
Joint Board of Management
-
JBM 22
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II
CSD-33-2006
February 21 , 2006
Niagara IIfT/If Region
REPORT TO: Joint Board of Management, Niagara Region Courts
SUBJECT: 2005 Year End Report for Provincial Offences Court Operations
RECOMMENDATION
That this Board recommend to Corporate Services Committee that:
This report be received for information; and
This report be circulated to local area municipal councils for their information.
EXECUTIVE SUMMARY
. 2005 was the third consecutive year that the number of tickets filed with the POA Court
declined. The number of new offence tickets filed has declined 18% since 2002.
. Although the reductions in tickets filed and available court time resulted in a 4.7%
decrease in charges set for trial, scheduled trials have increased 39% since 2002.
. The chronic lack of judicial resources resulted in a loss of 53 scheduled court days or
14% of available court time. This trend is expected to worsen in 2006 as 84 scheduled
court days (22% of available time) have already been cancelled. This will have a
significant adverse effect on POA revenues.
. While post-transfer delinquent fine revenue increased by 9% in 2005, pre-transfer
delinquent fine collections decreased by approximately 38% reflecting the increasing
difficulty in collecting these aged accounts.
. In 2005, gross revenue decreased by approximately $1 million (or 17%) and net
revenue declined by $765,000 (or 37%). This resulted in an over distribution of
$88,000 to the area municipalities which will be recovered from 2006 distributions.
Also, the 2006 budget revenues have been reduced by $500,000 to reflect declines in
tickets filed and court time.
-1-
CSD-33-2006
February 21, 2006
FINANCIAL IMPLICATIONS
As outlined in this report, reductions in judicial resources, available court time and the
number of tickets filed resulted in a significant decrease in revenues and distributions in
2005. These trends are expected to continue in 2006 such that budget revenues have
been reduced by $500,000 and anticipated distributions will be adjusted accordingly.
PURPOSE
The purpose of this report is to update the Joint Board of Management, Niagara Region
Courts, Regional Council and local area municipal councils on the administration of the
POA courts for the year 2005.
BACKGROUND
Pursuant to the Memorandum of Understanding (MOU), the Local Side Agreement (LSA)
and the Inter-Municipal Agreement, the Regional Municipality of Niagara acts as agent on
behalf of the twelve local area municipalities and operates POA courts in Fort Erie,
Weiland, Niagara Falls and St. Catharines.
- POA courts address a high volume of minor traffic violations related to the Highway Traffic
Act, minor federal offences, municipal by-laws and more serious matters such as charges
relating to the Compulsory Automobile Insurance Act, the Environmental Protection Act,
the Fire Prevention and Protection Act and the Alcohol and Gaming Control Act, to name a
few.
REPORT
POA Court Administration
On a daily basis, POA staff in three pennanent court sites (Niagara Falls, Weiland and St.
Catharines) and one satellite location (Fort Erie) work diligently to address a high volume
workload. The table below provides a statistical summary of selected services provided to
the public for the period of 2002 (the first full year of operation) to 2005.
.-
-2-
II
CSD-33-2006
February 21,2006
POA - Quick Facts
Number of: 2002 2003 2004 2005 Net
Change
Customers 38,946 45,345 44,348 44,089 - .6%
served
Payments 33,639 35,265 34,383 32,821 - 4.5%
received
Suspensions N/A 5,165 4,946 3,915 - 20.8 %
Applications N/A 1,573 1,874 1,867 -.4 %
for Extensions
Appeal 196 353 370 457 + 23.5 %
applications
Re-openings 23 194 222 164 - 26.6 %
( May - Dee)
Transcript 210 172 214 186 -13 %
requests (4,331 pages) (3,733 pages) (4,724 pages) (3,285 pages) When comparing 2005 with 2004, the number of customers served at our counters and
the number of applications for extensions remained relatively static. It is worth noting that
staff continue to monitor approximately three hundred (300) extensions which have been
granted by the judiciary.
Double digit decreases are noted in transcript requests (likely due to court closures and
the inability to schedule long trials due to the judicial shortages), suspensions and re-
openings. Appeal applications increased significantly likely due to the insurance
implications of a conviction.
For the third consecutive year the number of Provincial Offence tickets filed with the POA
court declined. Tickets filed with the court can be considered a measure of local
enforcement levels and directly impacts the revenue stream.
In 2005, there were 33,485 tickets filed with the court, a reduction of 1,273 tickets (3.7%)
when compared with 2004 statistics. When compared with the year 2002 (our first full
year of operation) there is a reduction of 7,350 tickets (18%). The chart below illustrates
the number of Provincial Offence tickets filed with the court for the period from 2001 (a
partial year of operation) to 2005.
- 3-
CSD-33-2006
February 21, 2006
Provincial Offence Tickets Filed* (2001-2005)
45000 40835 ~nno~
o 34758
4000U<< ......<> 33485
35000((><
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20000 ......(<<
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2001 2002 2003 2004 2005
'Source: ICON
Customer Service Enhancements
Effective October 1, 2005 POA staff assumed responsibility for all data entry of new
offence information into the Integrated Court Offence Network (ICON) system. The ability
to fully assume these responsibilities is a direct result of having a full complement of staff.
This customer service enhancement increases our level of service by providing for timelier
encoding of new offence information, reduces the cost of contracted third party services
and also reduces the cost of private courier services. Cost savings will exceed $ 9,000
annually.
Staff undertook an examination of digital court recording technology to replace aging and
obsolete court recording equipment. In order to evaluate the features of this equipment
staff attended a demonstration of digital recording devices and had the opportunity to test
this technology to determine its suitability for Niagara's courts. A site visit to Durham
Region allowed staff to observe use of the equipment in a court setting and discuss
system benefits, the quality of the recordings and the ease of transcript production.
Given the age, condition and obsolete nature of our current courtroom recording devices
staff will be including funding for this new digital recording technology in the 2007 budget
requests. Introduction of digital technology will result in a more reliable recording devices,
higher quality recordings and reduced transcription time for staff.
POA staff collaborated on documenting processes and flow charts to support the
development of new computer software to assist with the collection of defaulted fines and
also to manage POA court applications such as extensions, appeals, re-openings,
disclosure and motions.
-4-
~-'---rr--
CSD-33-2006
February 21,2006
This new software will provide a mechanism to enhance more efficient processes, tracking
and reporting functions within the POA unit. The new software system is already in
operation in the collections unit. Testing is underway on the court applications side and
the program should be in use in all of our administration offices by mid February, 2006.
The benefits of this new program include improved customer service through more
enhanced search capability for offender information and a single data base linking
administration and collections which results in greater staff efficiencies. A further benefit
will be the easy capture and retrieval of previously unobtainable information.
Working Within the Community to Build Relationships
In support of the Paytickets e-commerce initiative which was introduced in 2004, POA
continued to engage the services of a local community living organization which serves
Niagara residents with intellectual disabilities to apply stickers to the Provincial Offence
Notices (tickets). This activity will continue on as needed basis to allow us to stay ahead
of the supply of tickets on hand to meet the needs of the enforcement agencies.
The community living organization involved in the project was Niagara Support Services,
Niagara Falls. This partnership is most welcome by the organization, provides a cost
effective and timely method to complete the project and allows the community organization
to continue its contact with the public sector.
Staff continued to support partnerships with Niagara College through the placement of co-
op students from their various co-op programs. These placements provided valuable
experience for students and allowed opportunities to provide cross training for staff while
maintaining the volume of work. Several students were temporarily employed and this
allowed permanent staff to assist in an in-depth review and analysis of certain processes.
POA staff supported the Christmas "Adopt a Family Program" efforts of Community
Access in 2005 by adopting a family of four and providing them with a memorable
Christmas. In addition, POA staff sponsored seven community based seniors and
provided Christmas gift baskets containing food, toiletries and personal gifts.
Intergovernmental Collaboration & Partnerships
Staff enhanced and promoted POA interests through their continued participation in
provincial associations including the Municipal Court Managers Association of Ontario
(MCMA), the Prosecutors Association of Ontario (PAO) and the Municipal Finance Officers
Association (MFOA).
The Manager, Court Services continued in his second (2 year) term as the Central West
Region representative to the Board of Directors where he serves as Treasurer and sits as
a member of the Executive Committee of the MCMA.
The Supervisor, Court Services continued her role as Co-chair of the MCMA Forms Sub-
Committee and will be a key player in the upcoming tendering and evaluation process on
-5-
CSD-33-2006
February 21, 2006
-- behalf of the MCMA. Past efforts in this regard have resulted in cost savings to
participating municipalities.
The Collections Co-ordinator continued her active involvement with the MFOA/POA
Collection Committee and served as a member of the legislative amendments working
group. The working group submitted a number of recommendations and suggestions for
legislative change which, if adopted by the province, will enhance and strengthen
collection efforts.
POA Prosecution Activities
In 2005 there was a 4.7% decrease in the number of charges set for trial in Niagara's POA
courts. The decrease reflects reductions in the number of tickets filed and the increased
number of court closures. Notwithstanding the decrease in 2005, the total number of
charges set for trial in 2005 represents a 39% increase when compared against 2002, the
first full year of POA operations.
Charaes Set for Trial
Jurisdiction 2002 2003 2004 2005 Net Change
51. Catharines 2717 3550 3848 3979 +3.4%
NF Well FE 2540 3091 3837 3344 -12.8 %
- Totals 5257 6641 7685 7323 -4.7%
In 2005, the number of charges completed though trial process decreased by 17%. A
charge screening process implemented in 2003 has resulted in a decrease in the
number of matters going to trial. This process operates within guidelines and allows the
POA Prosecutor and the defendant to negotiate a mutually agreeable resolution to
certain matters. This process upholds the integrity of the judicial system, makes more
efficient use of valuable court time and reduces costs related to enforcement officer and
witness attendance.
Charaes Completed Throuah Trial Process.
Jurisdiction 2002 2003 2004 2005 Net Change
51. Catharines 245 364 305 268 -12%
NF Well FE 198 197 214 165 -22.8%
Totals 443 561 519 433 -17%
*Matters not resolved by plea negotiation and resulting in evidence heard and a verdict rendered.
In Niagara South, there was a 70% increase in the number of municipal trials involving
our POA Prosecutor. Such trials are more complex than a "simple" traffic trial with each
one hour municipal trial requiring a minimum of two to three hours preparation time.
,-,
The increase in the number of municipal prosecutions has resulted in the need to set
specific court dates for those prosecutions, a task that is rendered more difficult due to
-6 -
II
CSD-33-2006
February 21, 2006
the current shortage of Justices of the Peace. As of the writing of this report thirty six
(36) fire code charges were ongoing in Niagara Falls.
Municipal Prosecutions Completed
Jurisdiction 2003 2004 2005 Net chanae I
NF Well FE 29 41 70 +70% I
Appeals heard at the appellant court decreased by 12%. This is due to a reduction in time
allotted for POA matters at the Ontario Court of Justice. Appeals are heard in duty court
which tends to be very busy with criminal matters which take priority over POA matters. In
an attempt to increase efficiency and elevate the profile of POA matters, prosecutors
continue to seek a designated day for the hearing of POA appeals
Appeals Heard at the Appellant Court
2002 2003 2004 2005 Net Change
130 176 204 180 -12%
Pursuant to the Charter of Rights and Freedoms, and common law, the prosecutor is
obligated to provide the defendant the details of all of evidence in the prosecutor's
possession that is relevant to the case. There has been a 65% increase in the number of
completed disclosures.
It is likely that this increase is due to a more aggressive approach on the part of
defendants who challenge even minor charges in the hopes of avoiding the insurance
implications of a conviction.
Prosecutors, administrative staff, and enforcement agencies spend a great deal of time
in responding to disclosure requests. The large increase in requests resulted in a
review of our disclosure processes and procedures. As a result of the review,
procedures were amended and additional administrative support to assist the
prosecutors was identified and provided.
The allocation of additional administrative support has resulted in reduced turnaround
time for compliance with disclosure obligations, thereby decreasing the opportunity for a
defendant to bring an application to stay their charges for lack of timely disclosure.
Completed Disclosure
Jurisdiction 2004 2005 Net Change
St. Catharines 642 960 50%
NF Well FE 421 783 86%
Totals 1063 1743 65%
-7 -
I
CSD-33-2006
February 21, 2006
- Judicial Resources
For the past several years, the Joint Board of Management, Niagara Area Courts,
Regional Council and local area municipal councils have been updated on the chronic
shortage of judicial resources and its impact on Niagara's POA Courts.
This shortage has resulted in trial scheduling challenges for POA staff including difficulty in
finding available court time to schedule lengthy trials. Staff closely monitored and
identified opportunities for improvements in scheduling, suggested court closure locations
to address trial backlogs and accessibility issues, moved work from site to site to achieve
optimum court coverage and responded to customer concems regarding judicial
unavailability.
In order to ensure that matters were not dismissed due to undue delay in going to trial,
administration staff increased the number of matters on each court tier to a new maximum
allowed by the Regional Senior Justice of the Peace. The net result of judicial shortages
was an increased focus on caseload management and greater emphasis and reliance on
plea negotiations as a means of resolving matters before the court.
Time to trial for most POA matters in Niagara is typically 6 months. This time frame is
acceptable to the local judiciary and does not jeopardize the matter (for delay of process)
before the court. Prior to their dissolution in mid 2005, time to trial for OPP Ranger matters
was 8 months due largely to officer scheduling and availability.
In 2005, staff received judicial permission to hold several "blitz" courts in order to ensure
that matters were not lost due to delay of process. These 'blitz" courts allowed prosecutors
to proceed on a large volume of charges thus making maximum use of available court
time. On average, close to 100 charges were disposed of during each session. This
proactive and innovative approach resulted in Regional prosecutors seeing very few
applications under section 11 (b) of the Charter for delay of process.
Lack of judicial resources resulted in the cancellation of fifty three (53) scheduled court
sitting days. This represented a loss of fourteen (14) percent of available court time and
made it almost impossible to set longer trials requiring more than one day of court time.
As a direct result of the shortage of judicial resources, a prosecution under the Region's
tree by-law was stayed by the court for delay of process.
As of the writing of this report, we have been advised by the Regional Senior Justice of the
Peace that eighty four (84) regularly scheduled court days have been cancelled for 2006
due to the lack of judicial resources. This represents a loss of 22% of available court time.
This loss of available court time will have a marked negative impact on the revenue
generating capacity of the POA operation and places pressure on Regional Prosecutors to
negotiate deals or risk the matter being stayed by the court for delay of process.
-,
-8-
"-'-_._----~-~----~-
CSD-33-2006
February 21, 2006
Prosecution Leadership and Expertise
Niagara's prosecutors continue to be recognized by their peers throughout the province as
leaders. Both prosecutors continued to expand their areas of expertise, especially in
regard to prosecutions under the Fire Code and the Region's by-law concerning smoking.
In July 2005, the Senior Prosecutor assigned to our St. Catharines court was appointed to
the bench and now sits as a Justice of the Peace. Following a period several months
training His Worship will be assigned to the Weiland court. In a minor restructuring move,
the position of Senior Prosecutor was eliminated in favor of a Prosecutor position for the
St. Catharines court.
The POA Prosecutor continues to serve on the Board of Directors of the Prosecutor's
Association of Ontario and also serves as a member of the association's education
committee. She prepared and presented papers for the Prosecutor's Association of
Ontario, the Ontario Fire Marshals annual conference and the Municipal Law Enforcement
Officers conference.
Through the efforts of the POA Prosecutor, the Regional Municipality of Niagara and the
City of Niagara Falls hosted 2005 spring workshop for the Prosecutors' Association of
Ontario. The workshop was a great success and was well received by the attendees.
POA Collection Issues
Since assuming responsibility for administration of the POA courts, the Region has
received 96,137 delinquent cases with a total dollar value exceeding $35 million. POA
collection staff have successfully completed and/or deemed inactive 71% of the caseload
(67,816 cases). On average, 736 new delinquent cases are added to the delinquent fines
portfolio each month.
Total Delinauent Fines Portfolio
Number % $ Value %
of Cases
Total Delinquent Cases 96,137 100% $35,033,160 100%
Received
Completed and/or 67,816 71% $16,996,241 48.5%
Deemed Inactive Cases
-9 -
CSD-33-2006
February 21, 2006
.... Current Delinauent Fines Portfolio
Year endina Number of cases. $ Value (Millions)
2002 50,278 $20.2
2003 49,586 $22.3
2004 49,102 $ 22.4
2005 28,321 $18.0
"Excludes municipal by-law cases which are a local municipal responsibility,
Enforcement
Staff collection efforts include the use of demand notices, suspension of driver's licenses,
negotiated payment plans, use of third party collection agencies and civil enforcement.
When arrangements for payment can not be negotiated, the use of civil enforcement in
Small Claims/Superior Court is initiated by POA staff to enforce payment. Civil
enforcement includes the use of judgment debtor examinations which are arranged and
conducted in court to obtain disclosure of the offender's assets and to determine the
offender's ability to pay. In many cases, payment plans are negotiated in court and a
consent order for payment is endorsed by the court.
When an agreement to pay cannot be reached in court, enforcement by way of
garnishment of wages, gamishment of bank accounts or Writs of Execution are
undertaken by POA staff. At the end of 2005 staff were pursuing 5811 cases through civil
enforcement methods. This represents an increase of 1021 cases (21%) over 2004.
Negotiated payment plans and civil enforcement are, by their very nature, long term
arrangements and thus contribute to the increasing dollar value of the receivables. The
two biggest challenges staff face are locating the offenders to initiate enforcement and the
large number of offenders currently on social assistance, which precludes gamishment.
Civil enforcement will continue to be the primary focus for staff in 2006 and beyond.
The table below provides an overview of Niagara's delinquent fines revenue for the years
2002-2005:
-,
-10-
I -,r- _.--
CSD-33-2006
February 21,2006
Delinauent Fines Revenue Collected
YEAR PRE TRANSFER POST TRANSFER
ENDING (Sentence date before transfer (Sentence date after transfer TOTAL
January 29, 2001) January 29, 2001)
2002 $525,872 $851,285 $1,377,157
2003 $723,183 $1,271,821 $1,995,004
2004 $609,377 $1,369,019 $1,978,396
2005 $379,843 $1,492,150 $1,871,993
TOTAL $2,238,275 $4,984,275 $7,222,550
Pre-transfer delinquent fines revenue collected in 2005 declined dramatically. A major
contributing factor to this reduction in revenue is the decreased ability to collect money as
cases age. Given the age of these accounts we expect that revenue from this source will
continue to decrease in 2006 and beyond.
Notwithstanding the 2005 figures, it must be noted that POA collections staff have had
good success in collecting these aged accounts. Based on the age of our portfolio
industry experts estimated a 1-5% recovery rate for pre-transfer delinquent fines. POA
collection staff have been successful in collecting approximately 14% of the inherited pre
transfer portfolio.
Post transfer delinquent fine revenue in 2005 totaled $ 1,492,150, the highest amount ever
collected. This represented an increase of $ 123,131 (9%) over the prior year results.
Based on recoveries over the past three years, staff anticipates that post-transfer
delinquent fine revenue should remain constant.
The total delinquent fine revenue collected in 2005 was $ 1,871,993. This total was
approximately $ 88,000 below budget projections and can be attributed to the steep
decline in pre-transfer delinquent account revenue.
The increase in the number of court ordered extensions of time to pay is being flagged as
a concem. The extension process is legislated and POA collection staff have neither
control nor input into the judicial decision making process.
When a motion for an extension of time to pay is granted by a Justice of the Peace, staff
must cease all collection activity and the fine is no longer considered to be in default.
These cases are considered inactive for the purposes of further collection activity.
In 2005 there were 770 cases (762 cases in 2004) with a value exceeding $1.59 million
($ 1.3 million in 2004) currently on collection "hold" as a result of court ordered extensions
of time to pay. Should the number of extensions continue to increase this will have a
negative impact on post-transfer revenue.
-11-
CSD-33-2006
February 21, 2006
A second contributing factor impacting anticipated revenue is the number of repeat
offenders, that is. those individuals with multiple, large dollar fines who have no means to
pay and no seizable assets.
Niagara's POA collection model and operating procedures have been cited by Ministry of
the Attorney General's audit staff as a leader in the field of POA collections. Comments
received from the private sector and other POA collection sites are equally positive and
also note Niagara as a leader in the field of POA collections.
Niagara's staff continue to share collections expertise with their peers. In 2005, staff from
Elgin County, Lambton County, Haldimand County, Guelph, Halton Region, Caledon,
Muskoka and Kawartha Lakes attended our office to observe our operations and gain
further insight into Niagara's collection processes, procedures and software system.
Revenue
As per the Inter-Municipal Agreement, any net revenue resulting from the operation of
POA courts is shared between the twelve local area municipalities and the Region on a
50/50 basis. The share for each local area municipality is based on prior year total
assessment values.
POA Revenue & Expenditure Summarv (2000 - 2005)
.m
2000 2001" 2002 2003 2004 2005
Total Gross $2,923.212 $7,308,947 $5,721,625 $5,982,658
Revenue $6,488,591 $ 5,442,594
Total Gross $1,923,212 $5,734,942 $4,554,625 $4,835,376
Expenditure $5,402,411 $ 4,780,521
Net $1,000,000 $1,574,005 $1,167,000 $1,147,282 $1,086,180 $ 662,073
Revenue"
. 2001 figures include one-time additional dollars from Provincial distribution of 1998/199912000 surpluses.
"Amount shown was paid to local area municipalities with an equal share to the Region
The 2005 gross revenue of $ 5,442,594 was 12% under budget and was the lowest
recorded gross revenue total since the Region assumed responsibility for the POA courts.
Gross revenue expectations were negatively impacted by an unbudgeted one time
payment to the Province, a 3.7% reduction in the number of tickets filed with the court, a
shortfall in pre-transfer delinquent fine collections, quashing of Provincial Offence tickets
due to technical error, a 4.5% reduction in payments received, a 23.5% increase in the
number of appeal applications and a 14% reduction in available court time due to judicial
shortages.
These factors contributed to a net revenue shortfall of $ 765,000, making the net revenue
distribution in 2005 the lowest distribution ever. By the end of the third quarter of 2005,
-12 -
--rr-- __n
CSD-33-2006
February 21, 2006
$ 750,000 had been distributed to area municipalities with an equal share to the Region.
Actual 2005 net revenue figures indicate a distribution share for area municipalities and
the Region of $ 662,073. This represents a 36.8% reduction in net revenue figures when
compared to the 2005 budget estimate of $ 1,047,997.
An overpayment in the 2005 net revenue distribution of approximately $ 88,000 has
occurred. This overpayment will be recovered from the 2006 payment distribution.
Given the declining trend in tickets filed and the loss of available court time, The Joint
Board and the Region's Budget Review Committee agreed that a $ 500,000 reduction in
the gross revenue budget was appropriate. Net revenue payments to area municipalities
and the Region for the first three quarterly payments will be reduced from $ 250,000 to
$ 175,000. As usual, the final payment for 2006 (if any) will depend on the year end net
revenue results.
Gross expenditures in 2005 totaled $ 4,118,448 or .12% over budget.
Submitted by: Approved by:
ord Lockyer ~:.ff::~
Acting Commissione of Corporate Services Chief Administrative Officer
This report was prepared by Bill Bemard, Manager, Court Services, with input from Anne Rose,
Supervisor, Court Administration, Jackie Jarram, Collections Co-ordinator and Nancy MacDonald,
POA Prosecutor, and has been reviewed by Michael Kyne, Director Legal Services.
-13 -
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NIAGARA
- .1
CORPORATE ADMINISTRATIVE POLICY MANUAL l~j!~!'g'~,;~j.~m;W!
:.1!j1i'l\Oli~i't~il~lj~lf~1JI~~tii,I~~J~~JI~il~!~imt~lF~~~I~ ~illrllll~ll~i~illl!m!fl~l!j!;~!!~~rl~
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:~ll~~ii~~~~!ij~~lHil;i~li~ ,~~~~:f;j~j~lJr~mMl;'1- \~..jI'~m.;i~!~~~~ I~~~~~'~!f.~~ -~~!~; .ml
" ';;Q -' -~- - 1;' -D. de..' '~~f"'4;1~:;,!~li,l;;tiiil;~';ilZil~.,~i.'~..
~!~,'i:,:m~:.."-,!"!gM,.,,,,,,,I~;'~lii ';'f,;!~~;:~:'lh::~~~~~:~,'-~~:;i~i~~;;~I~~hb"!I!i;!'~',,~,,
DEVELOPED BY, HUMAN RESOURCES
APPROVED BY: CORPORATE MANAGEMENT TEAM DATE: October B. 2005
EFFECTIVE DATE: January 1. 2006 REVISED DATE:
POUCY STATEMENT:
The purpose of the Criminal Records Check Policy is to minimize the risk in ""feguarding the Regional
Municipality of Niagara's employeas. clienta, residents and assets. The CorporaUon may require. as the
result of Legislative/Regulatory or Ministerial policy compliance. safety and security measures, or bona
fide occupational Job requirements, criminal records checks of Individuals acting in their capacity with the
Regional Municipality of Niagara a,s employees.
It is therefore the policy of the Regional Municipality of Niagara to require individuals to undergo a
Criminal Records Check and submft a Canadian Police Clearance Certificate 10 the Regional Municlpality
of Niagara as a condition of any offer of employment In a designated position, where ft has been
establiahed that the criminal records check is a bona fide occupational requirement. Employees
occupytng a designated position with the Regional Municipality of Niagara, where the requirement to
undergo a Criminal Records Check- and submft a Canadian Police Clearance Certificate was an onglnai
condiUon of employment or transfer, may be required on a random basis to renew their check and In
- addition thase employees shall be subject to annual declarations of being conviction free In the preceding
tweive month penod as established by the hiring Department or as reqUired by LegislalivelRegulalory or
Ministerial policy compliance,
The practice of conducting a Criminal Records Check Involves accessing the Information made available '
through the Canadian Police Information Computer (ePIC) system regarding a person's 'conviction of a
aiminal offence for which a pardon has not been granted.
1. POUCY OBJECTIVES
To establish a process and procedures for Criminal Records Checks where ft has been
establlshedlhat the cnminal records check is a bona fide occ:upational requirement of the
Regional Municipality of Niagara.
To ensure the criminal records check of an employee is conducted in a discreet and confidential
Page 1 of. 7
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NIAGARA
.,1/
CORPORATE AOMINISTRATIVE POLICY MANUAL lii~miwi~1;#if!mJ
11.'li~~II~II'II~~~~~!!I~~I!~l~IIiI~1!~~!~~ !1111~1~~!~{~II~~II~~,jllll!il'I~lil,~!rl!II~~
manner. in the interest of the Corporation. and the public safety and security of the community
served by the Corporation,
2. APPLICATION
This policy applies to employees and job applicants applying to designated positions at the
Regional Municipality of Niagara. inclUding:
. Employees (full time, part time. casual. temporary, contract and students);
. Spacial employment program participants (i.e. Ontario Works Program);
. Persons hired through temporary employment services.
This policy is intended to apply to employees as defined above. If a Criminal Records Check and
Canadian Police Clearance CertifICate is required for volunteers then ~ shall be the responsibility
of the Department employing the volunteers to develop an established protocol.
Effectlve'Oate of ADalleatlon
A- NewHlres
Effective January 1, 2006. extemal candidates who are offered a position that requires
them to undergo a Criminat Records Check and submission of a Canadian Police
Clearance Certificate shall be subject to !/lis policy.
B. Internal Realonal Emalovees - Transfers from a Poslllon not Reaulrina a Canadian
Police Clearance Certificate to a Poslllon Reaulnna a Canadian Police Clearance
Certificate
Effective January 1. 2006, an Intemal regional employee who transfers (from a pos~lon net
requiring a Canadian Police Clearance Certificate) Into a pos~lon that requires them to
undergo a Criminal Records Check and subm~ a Canadian Poice Clearance Certificate
shall be subject to this policy,
C. Internal Realonal EmDlovees - Currentlv In a Position ReQulrina a Canadian Police
Clearance Certificate
Page 2 of. 7
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NIAGARA
.- 91
CORPORATE ADMINISTRATIVE POLICY MANUAL I;Wl,:::;~~~q,~~!i1i!;('1
!1,f~il~I'III'~i~[I~!rliil~~111ill; ifll~I~llj;'~~I~t~~'i~li~!~m~~~!}~~~jj~l!l:
Effective January 1, 2006. if an internal regional employee Is currently in a position that
requires a Criminal Records Check and submISsion of a Canadian Police Clearance
Certificate shall not be subject to this policy since such employees are considered
grandfalhered,
D. Internal Realonal EmDlovee - Currentlv Grandfathered In a Position Reauirina a
Canadian Pollee Clearance Certificate and Transfers to Another Position /Within th.
Same Division) Reaulrina a Canadian Police Clearance Certiflcete
Effective January 1. 2006. if an internal regional employee who is currently grandfathered
in a position requinng a Canadian Police Clearance Certificate and transfers to another
position within the same divisIon that raquires a Canadian Police Clearance Certificate
shall not be subject to this policy since such employees are considered grandfathered.
For example, a Skilled Labourer In Plant A who was grandfathered (not required to submll
a Canadian Police Clearance Certificats) transfers to a Senior Operator posltlon in Plant B
is considered grandfathered under this policy (since the transfer is within the same
division) and therefore not required to undergo a Criminal Records Check.
,-
The ",!me would apply to a Health Care Aide in Home A who was grandfathered and
transfers to a Dietary Aide posllion in Home B.
However. if the Skilled Labourer In Piant A who was grandfathered transfers to a BuDding
Maintenance Position tl1en the individual must undergo a Cominal Records Check since
the tranafer is not wfthln the same division.
3. GENERAL PROVISIONS
The responsibillly for prOViding the Criminal Records Check falls to the selected candidate, The
candidate upon being requested to do so shall lake the necessary ,steps to obtain the document
and to provide it to the Human Resources depariment.
Page 3 of, 7
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NIAGARA
.,. CORPORATE ADMINISTRATIVE POLICY MANUAL l:iii,!W~;,~:1"gj;:j!i1
!1~i~:~~~it~.~~~~:~.~!~I.;!it~~~mf~r!i:i!~~~i!~~~:$1~~~~~i~Fi~~~lk~~i:~jt\jfllji~l~~ 1~1~~'~~l~'I~li~ll~,\1[ll,\11fijlj~!!~I!ij!!~:1
,~j;i1@'!~I~~I'~!"'i':i!h;lill!jill,"".,M~m~~l'''!lii'~' '!!~i!"ill!"liW"i
;~f:~~~~d~[i9M~~~:.:~~:::itl.m. :,f,i~~I~fl~~t~!~l.ij!!~li~ii~J~1~~~jWr A Review Tribunal shall be established when a candidate se~ declares or the Canadian Police
Clearance Certificate Is returned showing any of the following:
. criminal conviction
. pending criminal code charges
. outstanding conditional or absolute discharge.
Such criminal records cheel< will be reviewed and dea~ with on a case-by-case basiS. The
Review Tribunal shall be comprised of three of the following corporate representatives:
1. Hiring Manager,
2. Hiring Department Director or designate
3. Director. Corporate Health Services & Employee Relations or designate
Departments, In conjunction with the Human Resources Department are responsible for
determining which positions require a Criminal Records Check, In some departments, where
there is a bona fide occupational requirement or compliance with legislative/regulatory
requirements or Ministerial policy requiring a Criminal Records Check, the responsibility shall
rest with the department to establish the frequency with which employee's criminal status will be
reassessed (i.e, whether the department will require a yearly declaratlon). Each department
shall ensure that Canadian Police Clearance Certificates are updated in five year increments as
a minimum corporate standard. Therefore. individuals In such positions are to undergo a
Criminal Records Check and submit a Canadian Police Clearance Certijicate In fIVe year
increments.
The cost of a Criminals Record Check and renewals Is the responsibility of the applicant or
employee. It Is the intent of the Corporation to utilize the Type 1 Criminal Records Check as a
corporate standard unless circumstances warrant. In which case, a Type 2 Criminal Records
Check will be requested, The Type 1 check can be completed in most cases within forty-elght
(48) hours whereas the Type 2 check requires six (6) weeks to be completed.
Effective March 1, 2001 Bill C-7 amended the Criminal Records Act to permll the disclosure of
pardoned sex offences in certain circumstances. Organizations employing persons for full-time,
part-time or volunteer posllions, working with children or vulnerable persons may therefore
receive infonnation regarding criminal code convictions regarding sexual offences if the Type 2
check is requested.
Page 4 of. 7
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NIAGARA
91
CORPORATE ADMINISTRATIVE POUCY MANUAL I!j(::j,"~;81:tHI~';:1
....",.~".",',_.",."'_.,<.,,,."', ,:
~:~~~~~~1~),~~t~j~~*1~Ji~Ht~t~~J~!!l~~i~~m!i~~{~~~~~~XiIj~?~~!!]~~iti~~J.iii:~n~l~~i@i; !1~f{(,~I:~~~rlwIJ['~~WI~I~t!tlilll~lil{~'~l!i~~II~:
~!%~m'~"(~~~~~~2l~~li~~"!~::~;i'1';;~[~hm~~~lli:~mlilW'"""I~ij~~~!~~r,1'''~~1 mt:~}~t~~~i;~:
;~1~;q~~~~~:~tli.~~~m~!,i~IJ~l4~iU!if!~~~I~f~1~~~~~~~t~~:li~~~~l
In the event that a department wishes to request a Type 2 check, approval must be obtained
by the Director. Corporate Health Services & Employee Relations or designate,
Since Type 1 Criminal Records Check only take lorty...ight (48) hou", to oblain, no indMdual
shall be placed. transferred or commence worK in the position until the cnmlnal Records Check
Is submitted by the Individual.
Failure by a Job applicant to undergo a Criminal Records Check and provide a Canadian Pollee
Clearance Certificate for a designated poslllon shall result in their disqualification from the
competition or placement process Including removal or dismissal from the position,
4. RESPONSIBilITIES
Hiring ManagerslDepartmenlli shall be responsible for:
. Identifying positions which require a Criminal Records Check as a bona fide occupational
requirement, in consultation wit~ the Human Resources Department.
. Ensuring that a Criminal Records Check is conducted lor designated posftions. regarding a
competition andlor placement opportunity;
. Notifying snd consulting wnh the Human Resources Department as to any new position
requiring a Criminal Records Check;
. Confirming during the interview the declaration made by the applicant on their Regional
Application for Employment fonn whether they have criminal convictlona for which a pardon
has not been granted:
. Confirming during the interview invoMng an existing employee whether they have Climlnal
convictions for which a pardon has not been granted:
. Advising the candidate during \he interview that they ara required to undergo a Criminal
Records Check and that a Canadian Police Clearance Certificate must be submitted to
Human Resources confinnlng their criminal ,record status condftional at the time an offer of
empioyment or offer 01 position has been made:
Page 5 of. 7
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NIAGARA
.,1
CORPORATE ADMINISTRATIVE POUCY MANUAL lilH'!ilgf~~~~~lmm
i;~~~~:~~1~~m~~i~~11~~!f~~~l~~~j!~~~~i~~~~~!~lf~[~~I~j1i~~~j~~~~tii~ lilll'I~II~~i~~I~jl~ml~m~lljll!II!~II!I~llllli
:,~t~~i~~~!~i!~I~~~if,~~!~~r!~~f;~~~~1~~~~~~~~~:I!~~~~~m~w.~~'~J~h~!J.Jt~~~f.i!!P~i~it
'~;~J;9~L~~,~t~)?~1',~;[i~I1g" :!i~~~~~!j1~f._ ffi~~~ff.H~~~~M~r(!~~~~~t!
. Conducting random Criminal Records Checks by the manager. legislative/regulatory or
ministerial policy compliance, if deemed necessary.
. Obtaining on a yeariy basis an Annual Offence Declaration Form that the employee has not
received a criminal convielion in the preceding twelve month period, n deemed necessary.
Employees or Job applicants applying for a designated position at the Regional
Municipality of Niagara shall be responsible for:
. Obtaining a Climinal Records Check by visiting one of the Niagara Regional Police Service
locations:
. Incurring all associated costs in obtaining a Climinal Records Check and the Canadian
Poice Clearance Certificate:
. Submitling the original Canadian Police Clearance Certificate to the Human Resources
Department for consideration:
. Renewing their Canadian Police Clearance Certificata if requested by their manager,
legislative/regulatory or mlnistarial policy compliance.
. Providing on a yeariy basis. n required, an Annual Offense Declaration Form that the
employee has not received a criminal convielion in the preceding twelve month period and
submitling such certificate their managar,
Human Resources Oeparbnant shan be responsIble for:
. Assisting departments in Idantifying positions which requlra a Climinal Records Check as a
bona fida occupational requirement
. Advising the hiling managar of the results of the Canadian Police Clearance Certificate;
. Photocopying and filing tha Canadian Police Clearance Certificate and forwarding the
oliglnal certificate back to the individual.
. Coordinating the Review TlibunaL
Page 6 of, 7
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NIAGARA
4F1J CORPORATE ADMINISTRATIVE POLICY MANUAL li'j];~,:~~;~~~:ilii'i:1
'll~~II~I~~~,ltl~~I~rl~IIJ!II,lijifl~i~~~I!!illlllf,~lrt1~~~i~~~$,!III!I~!~~I~~I~llil~\lilll
Review Tribunal shall be responsible for:
0 Conducting a confidential investigation regarding the self-declaration or when the Canadian
Police Clearance Certificate is -not clear" for a candidate;
0 Ensuring that due diligence is exercised to gather all of the facts on a case-by-case basis;
0 Recommending a course of action to the managerlhiring manager, on a case.by-case
basis.
0 Confirming the criminal conviction Is Job related. and Is therefore a bona fide occ:upational
requirement. when the Police Clearance Certificate is -not clear",
-.
Pago 7 of. 7
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APPENDIX "A" - Definitions
The following definitions are provided for clarification In the context of this policy 2!Jti:
Bona fide occuD.tional reauirement IBFORl:
A BFOR Is a requIrement or qualification of a position. necessitated by the safe. efficient and reliable
performance of the essential duties of the Job or the functioning of the organiZation,
Bona fide iustificatlon IBFJI:
A BFJ is a Justification for denying employment to an applicant based on a bona fide occupational
requirement. A service may be refused to a person when it cannot be offered without undue costs.
Canadian Police Clearance Certificate:
A Canadian Police Certificate is e document issued to the applicant when a criminal records check has
been completed and the results show that the applicant either does or does not have a criminal record
and/or outstanding criminal charges recorded in their name In Canada.
(a) Clear - Canadian Police Clearance CertJflcate:
A Canadian Police Clearance Certificate that Indicates no criminal convictions. no pending criminal
code charges or no conditional or absolute discharges. In other words. -no known criminal records
on file.'
(b) Not Clear - Canadian Police Clearance Certificate:
A Canadian Police Clearance Certificate that indicates a criminal convlction(s) or a pending criminal
code charge(s) or a conditional or absolute discharge(s),
Criminal Records Check:
Is a process conducted by the Niagara Regional Police Service or any other police authorities,
which confirms that an applicant does or does not have a criminal record and/or outstanding
criminal charges recorded in their name In Canada. There are two.types of Criminal Records Check
as described as follows:
(a) TVDG 1 Criminal Records Check
This criminal referenc.8 check is available at a nominal cost and Is usually completed within forty-
eight (46) hours tima. There are fova areas disclosed on this check as noted below:
1. Criminal Convictions - on file with Nlegara Regional Police Service
2. Criminal Records - known to exist In ,other jurisdictions
_n..___......,.. '," "" .".._.._._...._...........,.... ____., ,...,... ".., ..,_.._..________...__...._. ,...,.._,_..,._,_
.-
APPENDIX "A" - Definitions (continued)
3, Pending Criminal Code Charges - presently before the courts
4, No known Criminal records on file with any agency
5, Other - conditional or absolute discharge. This means a finding of guilt with a conditional or
absolute discharge by the Judge. Since 1992. conditional discharges will continue to be on an
indlvldual's record for 3 years from the date of the Judge's decision and then removed from the
individual's record. Absolute discharge since 1992, will continue to be on an individual's
record for 1 year from the date of the judge's decision and then removed from the individual's
record. Conditional or absolute discharges prior to 1992 will continue to show on the
indiVidual's record unless the individual seeks a pardon.
(b) Tvoe 2 Criminal Record Check
Thts criminal reference check Is avaUable at a nominal cost and takes approximately six (6) weeks
to complete. PoOce Services recommend that a Type 21s used when emplOYing and/or VOlunteering
individuals who Will be WOrking/volunteering with wlnerable person(s) and children, The check not
only Includes the above noted five pieces of information found under Type 1 checks but also
includes detailed Information regarding incident reports on file with Niagara Regional Police
Services. These include. any reports on file for which the Individuai was a victim. witness, accused,
suspect or missing person, The checks further Includes any criminal record for a sexual offence for
which a pardon has been granted or denied,
Offence Declaration
"Offence declaration- means a written declaration signed by an individual. listing all of the individual's
conVictions for offences under the Criminal Code (Canada) up 10 the dete of the declaration,
- OJ that are not Included in a criminal records check collected by the Regional Municipality of Niagara
when first hired by the Corporation. or In the last criminal records check collected by the Regional
MunlcJpalllyof Niagara as the res~1I of legislative and/or Regulatory change. transfer to a position
deemed to require public safety and security concems. or positions with bona fida occupationel
requirements respecting Ihe collection of such personal Information, and
~Q for which a pardon under Section 4.1 of the Criminal Records Act (Canada) has not been ISsued or
granted, and
~Ii) a conViction under the crlmlnel code of Canada relating to a sexual offance for which a pardon has
been granted un Section 4.1 of the Cl1mlnal Recoi'ds Act (Canada) but where the person is
employed in a position where they provide any services to chndren or vulnerable persons.
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_
I.
APPENDIX "A" - Definitions (continued)
(a) Clear - Offence Declaration Form:
An Annual OffencaDeclaration Fonn (Regional Form) whereby the individual sail declares that they
have no convictions under the Criminal Code of Canada since the la.t time Criminal Record. Check
conducted or since tha last time tha Annual Offence Declaration Fonn was given by the individual.
(b) Not Clear - Offence Declaration Form
An Annuel Offence Declaration Form (Regional Fonn) whareby the individual self declares that they
have a conviction(.) under the Criminal Coda of Canada since tho last time Criminal Record. Chack
conductad or since the last time tha Annual Offence Declaration Fonn was given by the individuaL
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Niagara.1I Region APPENDIX "C"
ANNUAL OFFENCE DECLARATION FORM
Please Print:
Surname First Name
Postlionllocation Employee No,
I declare that sInce the last Criminal Records Check submitted by me to the Regton of Niagara or since the last
Annual Offence Declaration Fonn given by me to the Region. that
D I have NOT been found guilty of any criminal offence up to and
Including the date of this declaration for which a pardon has not been Issued or
granted under the Criminal Records i>d. (Canada).
OR
D I have the following convictions for offences which a pardon under the Crtmlnsl
Records i>d. (Canada) has not been Issued or granted
List of Offences
1. Conviction:
Court Location:
Date of Conviction:
2. Conviction:
,..- Court location: ,
Date of Conviction:
3. ConVIction:
Court location:
Date of ConVICtion:
I hereby certify that all the above information provided Is complete and correct and that any misrepresentation of
facts made by me on this declaration form shall result in further Investigation and where warranted result in
dlsclplnary action up to and including termination.
Dated at thIS day 01 .20_
Signature
November 2005
..-....__..._-_._~-_..._-,,:-...,..,-_. .. ....-.-.--..-.--.-...... ...._..._~._~_._~_..~ .'!"._._~--.-_.._._-_..__...__.__:.....--_..,_.._.~_.--_.._--.----.--...:......--
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POA -IB -044
POA Info Bulletin "i:!~r:l~i% ~killl"' POA - IB - 044
Yj'(f~*'
To: POA Municipal Partners
Date: February 8, 2005
Re: Guidelines to Criminal Background Checks for Prospective POA Municipal Employees
Municipal Partners:
This Information Bulletin is intended to provide Municipal POA Partners with recommended
guidelines for the use of criminal background checks when hiring new employees.
While human resource policies and procedures are under the sole direction of the municipal partner,
because of the nature of court operations, the Ministry of the Attorney General recommends that
Municipal Partners conduct a criminal record security check as a condition of employment for
prospective employees. It is also recommended that this check only be conducted on the
successful candidate and only after a conditional offer of employment has been made. All
information collected as part of the criminal record security check should be maintained in strictest
confidence and according to the law.
A criminal record security check usually consists of a name check that may be conducted with the
agreement of a local police agency. The check should be conducted through the Canadian Polic~
Information Centre (CPIC) in order to obtain information on criminal convictions for which a pardon
has not been granted. Municipal Partner HR policy should set out what steps are to be taken once
the CPIC information has been provided.
A copy of the Ministry of the Attorney General Disclosure/Security Check Form is attached to this
Information Bulletin (POAIB - 044 - Attach 1) as an example. Municipal Partners may want to use
this form as a guide in the creation of a local form.
Thank you for your continued support.
Sandra Wain
Director
Corporate Planning Branch
Court Services Division
, .. 2
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POA-/B - 044
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BULLETIN CONTACT INFORMATION
For more information concerning this bulletin, please contact;
George Bazios
Business Analyst
POA Unit
700 Bay Street, gth Floor
Toronto, Ontario
M6G 1Z6
e-mail: george,bazios@jus.gov,on,ca
voice: (416) 326-3818
fax: (416) 326-2592
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. ~II~ . COMMUNITY SERVICES
Nla ara ......1.1 Re Ion Children's Services
g g 3340 Schmon Parkway, P.O. Box 344, Thorold, ON L2V 3Z3
Tel: 905-984-6900 Fax: 905-984-4463
www.reglonal.niagara.on.ca
February 27, 2006
TO: Community Partners
Children's Services & Early Years Services
SUBJECT: Best Start Initiative - Niagara Update - Communique #7
Work in progress, particularly related to communication efforts are as follows:
Child Care Sites Significant milestones have been achieved since the last communique, most
notably the identification of expanded licensed child care sites. Much time
and effort went into the process of determining suitable locations for growth.
The Ministry of Children & Youth Services announced that all programs
newly licensed since April, 2005 untii March 31, 2006 would be inciuded in
the required number of expanded spaces. For Niagara, this represents 179
spaces. To ensure stabilization for those spaces, Children's Services has
determined that those programs will receive wage subsidy, as well as all
new school based Best Start licensed child care spaces, contingent on the
federal government honouring its commitment to the multi-lateral agreement
with Ontario.
Child Care Niagara's process inciuded a five (5) member panel that reviewed
Site/Service established criteria, Members included Jacquie Taylor, Vaino Raun, Phil
Selection Process Thomas, Joan Fallis, and Jocelyne Blais-Breton. (See Communique 6 for
more detail on criteria used).
Following two meetings with a good deal of thought and review, the panel
recommended communities for expansion, along with turning the next
stages over to Children's Services and the School Boards for fine tuning.
Additional meetings were held where criteria was reviewed and site visits to
proposed locations resulted in decisions on iocation being made on January
24,2006 for Year 1 (end of March, 2006) and part of Year 2.
The next phase of the process entailed:
. Follow up site visits to determine required changes to the premises
. Service provider training for submission of Business Process for
potential operator selection
To fulfill Best Start Chiid Care expansion requirements additional work in
progress includes Francophone planning, site reviews for potential
expansion in the Francophone communities and work with the Aboriginal
groups to address needs for services of the population.
Eligibility of Service It should be noted for Service Providers to be eligible for Best Start wage
Providers enhancement; expansion must be part of the Best Start Plan. Resources
are limited and must be aligned with specific targets as set out in the Child
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Care Plan, which has now been released in both English and French, It has
been determined that an executive summary will not be completed for this
plan as 500 copies of the full plan were printed.
Niagara's Best Start If you have not received a copy of the Plan, additional copies are available
Plan: The Early through Children's Services or the Early Childhood Community
Learning & Child Development Centre (ECCDC). It can also be found on the Region's
Care Plan 2005-2008 website by going to:
hUD :/Iwww.reaional.niaaara.on.ca/livina/child ren/CCD 2005-2008/default.aSDX
Federal Changes Children's Services sent out a memo on February 131h outlinin~ our
response to recent political changes. We were notified on February 24 h that
the Multi-Lateral Agreement between the Federal government and Province
of Ontario will be terminated March 31, 2007. While this is disheartening
news, we are hopeful that the upcoming year will allow for time to re-
negotiate terms and conditions for future early childhood and care services,
particularly in light of fact that the agreement Children's Services is obliged
to uphold is between the CMSM and the Province. We encourage you to
stay informed and keep parents central to the discussions of this important
turn of events,
Final Thoughts Niagara's Best Start Team comprised of Douglas Bartholomew-Saunders,
Suzanne McPetrie and Sandra Noel has "officially" completed their task of
delivering the necessary requirements of Best Start. Thank you to each one
of them for their commitment Thank you also to Susan Speck and Kathryn
O'Hagan-Todd, consultants hired to help guide us through the requirements.
You will continue to see Kathryn involved with service provider training and
support for Best Start sites.
This will be the last communique from Children's Services regarding Best
Start, as we move back to our more comprehensive updates on the entire
child care system. Future communication about Best Start in the broadest
sense for all services for children under six years of age will be provided by
the newly formed Niagara Children's Planning Council, of which we are a
member and wish great success to.
There is much work ahead - Children's Services will be working closely with
the newly formed Children's Planning Council, as the capital expansion is
part of the Councils' newly created plan for children under six (6) years of
age. We look forward to continuing to work with you to grow Niagara's Child
Care system, with an emphasis on high quality affordable services.
"How wonderlul it is that nobody need
to wait a single moment before starting
to Improve the world." Anne Frank
Sincerely,
--Ia;C)(~
Pat Heidebrecht
Director, Children's Services
c Karen Calligan, Patti Moore, Program Supervisor, MCYS
Brian Hutchings, Commissioner, Community Services
Child Care Sector - Eleanor Dolan
Niagara Children's Planning Council Co-Chairs - Margaret Andrewes, Dr. R. Williams
Page 2 of 2
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flliI_ um s. W.tkln
. City Clerk
City Clerk'. Office S....tarlol Tel: 416-392.7032
MsrilvnToft Fax: 416.392.2980
Council Secretariat Support a-mail: mtoftfiltoronto.ca
City Hall, 12" Floor, Wast
100 Queen Street We.t web: www.toronto.ca
T oranto, Ontlrio M5H 2N2
In reply please quote:
Ref.: 06-Pf#1(4)
February 6, 2006
REGIONAL CHAIRS, MAYORS AND HEADS OF COUNCll.,S
IN THE GREATER GOLDEN HORSESHOE:
Subjed: Planning and Transportation Committee Report 1, Clause 4
The Proposed Growth Plan for the GreatEr Golden Horseshoe
City Council on January 31, February 1 and 2, 2006, considered this Clause, and directed that a
copy of Mayor David Miller's letter to the Minister of Public Infrastructure Renewal, Proviilce
of Ontario, together with a copy of this report be shared with other Mayors and Chairs in the
Greater Golden Horseshoe.
~~
for City Clerk
M Toft/gc
Attachment
Sent to: Mayor David R. Miller
Chief Planner and Executive Director, City PlAnning
Regional Chairs, Mayors and Heads of Councils in the Greater Golden Horseshoe %
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DAVID MILLER
February 7,2006
The Honourable David Caplan, M.P.P.
Minister of Public Infrastructure Renewal
GovenunentofOnUuio
6th Floor, Frost Building South
7 Queen's Park Crescent
Toronto, ON M7 A 1 Y7 ,
D=~\1-J
, The Proposed Growth Plan for the Greater Golden Horseshoe
On behalf of Toronto City Council, I'm writing to commend you for continuing to
develop the Growth Plan. This plan will curb urban sprawl and form a basis for integrating land
use planning, infrastructure and protection of valuable natural and cultural heritage in the Greater
Golden Horseshoe. The future of this whole region growth is incredibly important to, the future
of the City of Toronto.
We support the proposed Plan, but would request some modifications needed to address
issues of particular conCern for the City of Toronto. The successful implementation of this Plan
will require that the Province take the lead on the provision of infrastructure needed to support
the proposed growth.
Providing infrastructure is crucially inJ.pqrtant. We urge the Provincial Government to
develop a complementary and comprehensive infrastructure strategy as soon as possible to
support the effective implementation of the Plan. In particular, this strategy should focus on the
phasing and funding of transit improvements.
City Council has requested the following modifications to the proposed Plan:
(i) provide for the regular review and refinement of the employment forecasts in
Schedule 3 as part of the proposed sub-area regional economic assessment;
(ii) support downtown Toronto's role as a prime office centre for Canada, supported and
strengthened through infrastructure investments, and that the Toronto Financial
District be identified as a provincially significant designated employment area;
(iii) revise the definition of 'major office' to 'freestanding office buildings of 25,000
square feet of greater,' consistent with regulations under the Assessment Act;
iii TORONlO
City Hall 0100 Queen Street West .2nd Floor . Toronto , Ontario MSH 2N2
Telephone: 416.397.CITY "Fax: 416.696.3687 "E-mail: mayocmiller@toronto.ca
-...-- ~._~-- "'...--...-
"-
(iv) revise the definition of 'municipal comprehensive review' to specifically include
consideration of population and growth projections, alternative directions for growth,
and how best to accommodate this growth, consistent with the definition in the
Provincial Policy Statement;
(v) provide more explicitly that provincial investment will be linked to municipal
policies and strategies for intensification and contingent on progress in achieving
intensification;
(vi) revise Policy 2.2.5.1 to provide greater flexibility for intensification around major
transit stations, so as to distinguish between regional intensification corridors and
local intensification corridors such as the Avenues in the City of Toronto's new
Official Plan, or if they are located in Employment Districts where residential
development may not be desired;
(vii) provide for the assessment of development potential in urban growth centres and
along inter-regional transit corridors and an increase in their density target if
warranted;
(viii) revise Policy 2.2.8.2 to provide that the review of the need for and amount of
additional designated Greenfield area should be done at the sub-area level;
(ix) modify Policy 3.2.2.5 to include Provincial support for the implementation of
Transportation Demand Managemft (TDM) policies by the upper- and single tier
municipalities; ,
(x) revise Policy 4.2.1.4 to require p4uming authorities to identify locally significant
natural areas that link and au~Athe natural system and develop policies for its
protection; ~ ,
(xi) expand the policies in Section 4.2. (Culture of Conservation) to acknowledge a role
for the Province and to include an design standards that encourage and support
.. ,
water conservation and integrated : te management;
(xii) ssments to:
a) of growth and the provision of
b)
-
d) provide for a comprehensive strategy, including setting investment priorities,
for the funding and phasing of transit and other infrastructure;
(xiii) indicate that the Province will monitor and evaluate the impacts of growth and urban
development in the Greater Golden Horseshoe on the environment, the economy and
quality of life, as input to the IO-year review of the Plan required by the Places to
,Grow Act.
We would also like the Province to assist municipalities by developing guidelines for
implementing the Plan, some of which may involve more specific targets; for example,
guidelines and/or targets for, waste diversion, air quality, modal share splits based on the Plan's
intensification and density targets, and community design.
There are also a range of complementary actions, some of which are already underway, that
would assist in the City's ability to effectively implement the Plan, and accommodate this
important growth as follows:
(i) Revising the Development Charge:; Act to enable municipalities to recover the full
cost of growth related infrastructure, to base charges for transit on an approved transit
plan rather than average service cOsts over the past ten years, and to charge for all
municipal services required to support complete communities;
(ii) Revising the Planning Act, and o~r appropriate tools to give municipalities greater
authority to protect and enhance thefatural heritage system;
(iii) , Providing fiscal policies and too~direct market demand to achieve the objectives
of the Growth Plan; . , ,
(iv) EliIninating the differential in the f ucation portion of the property tax between the
City and the rest of the region; r
(v) Revising the Environmental Asses ent Act to significantly strearnline approval for
transit projects and other infrastrn e projects that have been identified in Official
Plans or in the Growth Plan and hich implement the growth objectives of the
proposed Growth Plan;
(vi) Providing inclusionary zoning po s to ensure that affordable housing may be
included in residl rial or rni d-use velopments; ~ 5
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Please let me know if there is anything we can do to assist you and your staff to refine and
further develop the Plan.
Again, please accept my congratulations on the work so far and in particular on the way
you have involved the City and other stakeholders in the Plan's development. I await with
interest the final version of the Plan.
Yours truly, vQlZ/
Bwa
Mayor David Miller
City of Toronto
cc. Hon, John Gerretsen, Minister of Municipal Affairs and Housing
Hon. Laurel Broten, Minister of the Environment
Regional Chairs, Mayors and Heads of Councils in the Greater Golden Horseshoe
Carol Layton, Deputy Minister, MinistrY of Public Infrastructure Renewal
i
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. /ii\t/<II_ CITY CLERK
Consolidated Clause in Planning and Transportation Committee Report 1, which was
considered by City Council on January 31, February 1 and 2, 2006.
4
The Proposed Growth Plan for the
Greater Golden Horseshoe
City Council on January 31, February 1 and 2, 2006, adopted this Clause without amendment.
Council also considered additional material, which is noted at the end of this Clause.
The Planning and Transportation Committee recommends that City Council adopt the
staff recommendations in the Recommendations Section of the report (December 16, 2005)
from the Chief Planner and Executive Director, City Planning, subject to amending
Recommendation (1)(d){vii) to read:
"(I){d){vh') provide for the assessment of development potential in urban growth centres
and along inter-regional transit corridors, and an increase in their density
target if warranted;".
The Planning and Transportation submits the report (December 16, 2005) from the Chief
Planner and Executive Director, City Planning:
Puroose:
To summarize the proposed Growth Plan and advise Council of its implications for the City and
the region. A copy of the proposed Plan is attached.
Financial Imolications and Imoact Statement:
There are no immediate financial implications for the City, though in the long run, the
implementation of the growth plan could result in the City recovering significant funding support
for infrastructure in the City and increases in the City's assessment base. Staffwill report further
when these financial implications become clearer.
The Chief Financial Officer and Treasurer has reviewed this report and concurs with the
financial impact statement.
-'",--
Toronto City Council 2 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
Recommendations:
It is recommended that:
(1) The Mayor write to the Minister of Public Infrastructure Renewal to:
(a) commend the Minister for continuing to develop the Growth Plan as a starting
point for curbing urban sprawl and as a basis for integrating land use planning,
provision of infrastructure and protection of valuable natural and cultural heritage
in the GGH;
(b) indicate Council's support for the proposed Growth Plan, contingent on the Plan
being modified as recommended in this report, and on the Province developing a
satisfactory phasing and funding strategy for the transit and other infrastructure
improvements necessary to support the Plan's implementation;
(c) urge the Minister to develop a comprehensive infrastructure strategy as soon as
possible to support the effective implementation of the Growth Plan;
(d) request that the Minister modify the proposed Growth Plan to:
(i) provide for the review and refinement of the employment forecasts in
Schedule 3 as part of the proposed sub-area regional economic
assessment;
(ii) revise Policy 2.2.6.2 to indicate that downtown Toronto's role as the prime
office centre for Canada will be supported and strengthened through
investments in transit and other services, and that the Financial District
will be identified as a provincially significant designated employment
area;
(iii) revise the definition of 'major office' to 'freestanding office buildings of
25,000 square feet or greater,' consistent with regulations under the
Assessment Act;
(iv) revise the definition of 'municipal comprehensive review' to specifically
include consideration of population and growth projections, alternative
directions for growth, and how best to accommodate this growth,
consistent with the definition in the Provincial Policy Statement;
(v) provide more explicitly that provincial investment will be linked to
municipal policies and strategies for intensification and contingent on
progress in achieving intensification;
Toronto City Council 3 Planning and Transportation Committee
January 31, February 1 and 2. 2006 Report 1. Clause 4
(vi) revise Policy 2.2.5.1 to provide greater flexibility for intensification
around major transit stations, particularly if they are located in
intensification corridors such as the Avenues in the City of Toronto's new
Official Plan, or if they are located in Employment Districts where
residential development may not be desired;
(vii) provide for the assessment of development potential in urban growth
centres and an increase in their density target if warranted;
(viii) revise Policy 2.2.8.2 to provide that the review of the need for and amount
of additional designated Greenfield area should be done at the sub-area
level;
(ix) modify Policy 3.2.2.5 to include Provincial support for the implementation
of Transportation Demand Management (TDM) policies by the upper- and
single tier municipalities;
(x) revise Policy 4.2,1.4 to require planning authorities to identify locally
significant natural areas that link and augment the natural system and
develop policies for its protection;
(xi) expand the policies in Section 4.2.4. (Culture of Conservation) to
acknowledge a role for the Province and to include urban design standards
that encourage and support water conservation and integrated waste
management;
(xii) expand the scope of the sub-area assessments to:
(a) consider together the distribution of growth and the provision of
infrastructure;
(b) facilitate a collaborative approach among municipal governments,
the Province and the private sector to manage waste in the GGH,
focusing on reduction, diversion and disposal;
(c) provide for the modification of the distribution of growth shown in
the forecasts in Schedule 3 to reflect 'best solutiops' for
infrastructure provision; and .
(d) provide for a comprehensive strategy, including setting investment
priorities, for the funding and phasing of transit and other
infrastructure; and
(xiii) indicate that the Province will monitor and evaluate the impacts of growth
and urban development in the GGH on the environment, the economy and
quality of life, as input to the lO-year review of the Plan required by the
Places to Grow Act;
I II
Toronto City Council 4 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1 , Clause 4
(2) request the Province to assist municipalities by developing guidelines for
implementing the Plan, some of which may involve more specific targets; for
example, guidelines and/or targets for waste diversion, air quality, modal share
splits based on the Plan's intensification and density targets, and community
design;
(3) re-iterate previous requests that the Minister co-ordinate with other ministries to
facilitate the Plan's effective implementation, including:
(a) revisious to the Development Charges Act to enable municipalities to
recover the full cost of growth related infrastructure, to base charges for
transit on an approved transit plan rather than average service costs over
the past ten years, and to charge for all municipal services required to
support complete communities;
(b) revisions to the Planning Act, and other appropriate tools to give
municipalities greater authority to protect and enhance the natural heritage
system;
(c) fiscal policies and tools to direct market demand to achieve the objectives
of the GGH Growth Plan;
(d) eliminating the differential in the education portion of the property tax
between the City and the rest of the region;
(e) revisions to the Environmental Assessment Act to significantly streamline
approval for transit projects and other infrastructure projects that have
been identified in Official Plans or in the Growth Plan and which
implement the growth objectives of the proposed Growth Plan;
(f) inclusionary zoning powers to ensure that affordable housing may be
included in residential or mixed-use developments;
(4) this report be sent to the Province to support the Mayor's letter;
(5) the Mayor's letter and this report be shared with other Mayors and Chairs in the GGH;
and
(6) the appropriate City officials be authorized and directed to take the necessary action to
give effect thereto.
Toronto City Council 5 Planning and Transportation committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
Background:
The Provincial Government has released a proposed growth plan for the Greater Golden
Horseshoe (GGH). The extent of the GGH is shown on the map below. The proposed plan is
available on the government's website at http://www.pir.gov.on.ca.
The Province is seeking public feedback on the proposed plan by January 27th 2006. I have
informed provincial officials that Council will be unable to meet that deadline.
The Proposed Plan is a further step in the Province's development of its 'Places to Grow'
initiative for managing growth in the GGH. Earlier steps included:
1. June 2004 - release of a Discussion Paper, upon which the City commented in
September 2004;
2. February 2005 - release of a Draft Growth Plan for the GGH, upon which the City
commented in April 2005; and
3. June 2005 - Passage of the Places to Grow Act, which provides the legislative authority
to for the proposed Growth Plan.
The Places to Grow initiative is part of a bigger package of provincial initiatives addressing
planning and growth management in the Province and in the GGH, Other components include
the long-awaited Greater Toronto Transportation Authority, a GGH Transportation Strategy, the
Greenbelt Plan, source water protection initiatives, and Planning Act and OMB reforms.
This report has been prepared in consultation with the CAO's Office and Works Technical
Services, Toronto Water, Solid Waste Management Services, Parks, Recreation and Forestry,
Economic Development, the Affordable Housing Office, Social Development Division, Public
Health and Finance.
'''''-
Toronto City Council 6 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
Comments:
What is in the Proposed Plan?
The Plan is a framework for managing growth in the GGH to 2031. It has three major elements:
1. Where and how to grow - provides direction for municipal land use planning for
intensification areas, employment lands, greenfields and rural areas.
2. Infrastructure to support growth - directions for planning and provision of transportation
and water infrastructure, as well as 'community' infrastructure, including priority for
provincial infrastructure investments that support the Plan's policies.
Toronto City Council 7 Planning and Transportation Commitlae
January 31, February 1 and 2, 2006 Report 1, Clause 4
3. Protecting what is valuable - uatural heritage, agriculture, non-renewable resources, a
culture of conservation.
Key to the Plan's implementation is the integration of all three elements, particularly aligning
new development with infrastructure. The implication is that provincial and municipal
infrastructure planning and spending would align with the location and nature of new
development, which will generally be provided for in municipal official plans.
Other key elements of the Plan include:
- requiring that 40 percent of all residential development after 2015 be in the existing
built-up area;
- identifying 25 urban growth centres, including 5 in Toronto, and setting density targets
for their development;
- requiring that all future Greenfield development be at a density of at least 50 residents
and jobs per hectare;
- requiring provincial approval for an increase in the amount of designated Greenfield area
in an upper- or single- tier municipality; and
- identifying the general location of future transit lines and improvements, and future
goods movement corridors in the GGH.
How has the Plan Changed Since the Previous Draft?
The overall direction and broad objectives found in the draft plan released in February 2005 have
changed very little. There are, however, some significant changes in the specific details of many
policies, along with some minor reorganization of the plan to provide greater clarity. The most
important changes include:
1. A section called "Managing Growth" (2.2,2) has been added to give more explicit policy
direction to the basic principles and goals of the plan.
2. The density targets for Urban Growth Centres have been changed from a single target of
200 people and jobs per hectare for all 25 centres to 3 sets of targets:
- 400 people and jobs per hectare for the centres in Toronto;
- 200 people and jobs per hectare for the centres in the inner ring and Waterloo Region; and
- 150 people and jobs per hectare for the other centres (in the outer ring).
3. The Plan now specifically identifies 'major transit station areas' as targets for
intensification.
4. A policy has been added recognizing the downtown Toronto office core as the primary
centre for international finance and commerce of the GGH.
II --...
Toronto City Council 8 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
5. "Prime industrial lands" is a new tenn, though not defined. The Plan specifies that they
may not be converted to non-employment or major retail uses, whereas it allows some
municipal leeway to decide if other lands in designated employment areas may be
converted 'through a municipal comprehensive review.' A subsequent ' sub-area
assessment' will identify these prime industrial lands and other provincially significant
employment areas.
6. An 'infrastructure planning' section has been added. It commits the province to 'multi-year
infrastructure planning' and to giving priority to provincial investment that supports the
Plan.
7. The water infrastructure section has been expanded, to provide clearer direction for the
expansion of water systems.
8. The Plan now encourages watershed plans to guide water and wastewater servicing
decisions.
9. A community infrastructure section has been added.
10. The Plan now requires a housing strategy for each upper / single tier municipality.
II. The Plan no longer provides for the development of sub-area strategies (SAGS). Instead,
'sub-area assessments' will be used 'to refine the policies in the plan at a regional scale.'
12. The requirement to ensure alignment between projected growth and size and location of
intensification areas, employment areas and designated growth areas has been deleted.
13. The plan now requires municipalities to develop and implement policies and strategies to
support the couservation of water, energy and cultural heritage, to protect air quality and to
integrate waste management
14. The discussion of transportation has dropped all reference to the proposed Greater Golden
Horseshoe Transportation Strategy.
How did the Province Respond to the City's Comments on the Draft Plan?
Mayor Miller sent Council's response in a letter to the Hon. David Caplan, Minister of Public
Infrastructure Renewal. The major recommendations and the Provincial response are set out
below. Further comments and follow-up recommendations are developed later in the report in the
discussion of major issues and areas of comment.
Council's comments and recommendations were:
1. Council's support for the Plan was contingent upon transit improvements and adequate
sources of funding for infrastructure priorities being identified in the promised 10-year
Infrastructure Strategy for the Greater Golden Horseshoe.
Provincial Response: The IO-year Infrastructure Strategy has not yet been released and is
not mentioned in the proposed plan.
Toronto City Council 9 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
2. Include policies disallowing the possibility of expansion of settlement areas into lands
south of the Greenbelt Plan area prior to 2026.
Provincial Response: not done.
3. Include policies directing population and employment growth and commensurate
infrastructure investments to major cities in general, in addition to designated Centres and
corridors and away from areas beyond the built boundary of all municipalities in the
GGH.
Provincial Response: The plan has not singled out major cities as targets for growth; the
forecasted distribution of population and employment growth has not been changed; the
intensification target of 40% of residential growth within the built-up area after 2015 has
not been changed; the Greenfield density target of 50 residents and jobs per hectare has
not been changed (except that it now applies to Outer Ring areas, which had a
40 residents and jobs per hectare target in the draft plan).
4. Include policies requiring that concentrations of office employment be distinguished from
other forms of employment as means of prioritizing transit infrastructure investments.
Provincial Response: The Policy directing major office development to areas with higher
order transit services hlis been modified to specify 'urban growth centres, major transit
station areas, or other areas with existing frequent transit service (not defined) or existing
or planned higher order transit service.' The definition of major office has been changed,
however, to raise the threshold from 1,850 m2 (20,000 sq. ft.) to include only office
buildings of over 10,000 m2 (about 107,000 sq. ft.) or over 500 jobs.
5. Include policies addressing the social infrastructure needs and funding that will come
with substantial population growth generally, and the specific needs that will be more
pronounced within the City of Toronto in particular.
Provincial Response: The proposed plan includes a new section (3.2.6) dealing with
'Community Infrastructure' which essentially sets out requirements normally part of
good planning - that community infrastructure and land use planning should be
coordinated, and appropriate infrastructure provided to meet needs of a changing
population, etc. Funding is not discussed, nor are the special needs of Toronto.
6. Revise the proposed employment forecast for the City of Toronto to 1,835,000 jobs for
the year 2031.
Provincial Response: The forecast has not been changed.
7. Clarify within the final Growth Plan the intent, force and effect of the population,
household and employment forecasts for the Greater Golden Horseshoe. And, further,
that the forecasts be regarded as targets providing guidance for infrastructure and other
planning purposes.
Provincial Response: The policy now states that the forecasts 'will be used as the basis
for planning and managing growth in the GGH.' Provincial staff advise that they are not
targets.
--rT"""""
Toronto City Council 10 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1. Clause 4
8. Strengthen the natural system and conservation policies and in particular revise them to:
(a) explicitly recognize the invaluable role that natural heritage plays in contributing
to human health and well being, strong communities and a competitive economy;
Provincial Response: not included in the policies, but there is a statement in the
context ('The GGH is blessed with a broad array of unique natural and cultural
heritage features and sites, and valuable natural and non-renewable resources that
are essential for the long-term economic prosperity, quality of life, and
environmental health of the region. ').
(b) require planning authorities to adopt policies to protect and enhance the natural
system within their jurisdiction;
Provincial Response: No specific policy. The Provincial Policy Statement
requires that natural features and areas shall be protected for the long term, and
where possible, improved. This PPS policy will continue to apply in the GGH.
(c) state that the criteria for identifying natural heritage features and areas,
groundwater features and surface water features include the contribution that
these features make to the local and regional landscape and require policies for
protecting the natural system to be incorporated into municipal Official Plans;
Provincial Response: no explicit policy regarding the features' contribution to the
landscape, though the definition of natural heritage features, which is the same as
that used in the PPS, includes features and areas 'which are important for their
environmental and social values as a legacy of the natural landscapes of an area.'
There is no requirement for policies in municipal Official Plans, although as noted
above, the PPS will continue to apply in the GGH.
(d) state that the natural system will recognize and include where possible the
linkages between and among natural heritage features and areas; and
Provincial Response: The Plan defines the natural system to 'include natural
heritage features and areas and linkages between and among these features and
with natural systems outside the GGH and inside the Greenbelt Area'
(policy 4.2.1.2).
(e) encourage municipalities to consider the design of new urban developments for
energy conservation and waste diversion as well as for water conservation.
Provincial Response: Policy 4.2.4.1 b) iv) includes 'urban design standards' as an
item in a required strategy that addresses conservation including energy
conservation, but there are no specific policies relating waste diversion or water
conservation to urban design standards.
Major Issues and Areas of Comment: The Plan's Content
Economic Policy and Employment Forecasts - Although the Plan provides strong protection for
Toronto's employment lands, (especially in tandem with the recent announcement that council
decisions to refuse conversion applications cannot be appealed to the OMB), other policies need
strengthening, particularly those that address office employment. The plan contains four key
policies for Toronto's office sector:
Toronto City Council 11 Planning and Transportation Committee
January 31, February 1 and 2. 2006 Report 1 , Clause 4
2.2.6.2: The Downtown Toronto office core will continue to be the primary centre for
international finance and commerce of the GGH.
2.2.6.3: Major office and appropriate major institutional development will be located in
urban growth centres, major transit station areas, or other areas with existing frequent
transit service, or existing or planned higher order transit service.
3.2.3.1: Public transit will be the first priority for transportation infrastructure planning
and major transportation investments.
3.2.3.2: All decisions on transit planning and investment will be made according to the
following criteria:
(a) Using transit infrastructure to shape growth;
(b) Placing priority on increasing capacity on existing transit systems to support
intensification areas; and
(c) - (f) (various other criteria).
In addition, Schedule 3 shows Toronto's employment growing from 1,440,000 to 1,640,000
between 2001 and 2031. The forecast employment growth is about half that shown in the new
Official Plan. In approving the new OP, the Minister modified the OP to include a specific target
of 1,835,000 jobs in Toronto by 2031. The Growth Plan forecast is based on 'The Growth
Outlook for the Greater Golden Horseshoe' prepared by Hemson Consulting following the 2001
Census. The new Official Plan's target is based on forecasts prepared after the 1996 Census. The
Hemson forecasts show little change in jobs on Toronto's Employment Lands between 2001 and
2031, and population-related employment growth commensurate with the expected population
growth in the City. The reduced overall forecast can, therefore, be ascribed largely to a more
pessimistic view of Toronto's office prospects, and a lower overall jobs to population level in the
City.
This would appear to be at odds with the three key policies listed above, which would lead to the
expectation of transit investment supporting extensive office development in Toronto, especially
since a key criterion for transit investment is to place 'priority on increasing capacity on existing
transit systems to support intensification areas.' Investment in Toronto's transit system offers the
most cost effective (dollars per new job) means of supporting office development in
intensification areas.
The proposed sub-area regional economic assessment (see Sections 2.2.6. and 5.1.2 of the
Proposed Plan) could, if amended, offer an opportunity to revisit and refine the employment
forecast for Toronto and the rest of the GTA-Hamilton. The Plan should be changed to
specifically provide for refinement of the employment forecast through the proposed sub-area
assessments. Furthermore, the employment forecast should be reviewed at the same time as the
sub-area assessment to refine and phase the proposed transportation network, so that transit
provision and office development go hand-in-hand.
II --".-
Toronto City Council 12 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
To support this, the other policies noted above also need strengthening.
Downtown - The policy dealing with Downtown Toronto should be revised to recognize the
downtown as the prime office centre of Canada and to state that it will be supported and
strengthened through investments in transit and other services. In addition, through sub-area
assessment, provincially significant designated employment areas will be identified. It would be
appropriate for Downtown Toronto to be identified as such an area.
Definition of Major Office - The policy addressing office location is key to the plan because
transit only works if large numbers of trip destinations are reasonably clustered together, and
offices are the most effective vehicle for providing a high density of destinations. The definition
of 'major office' needs to be changed from 'freestanding office buildings of 10,000 m2 or
greater, or with 500 jobs or more' to 'freestanding office buildings of 25,000 square feet or
more.' The present definition would allow too many office jobs to be located in areas that do not
support transit (e.g., Meadowvale and the 401, or Highway 404 and Highway 7). About
25 percent of the office s~ace and 60 percent of the office buildings built in the GT A are in
buildings between 2,00Om and 10,00Om2. The 25,000 sq. ft. criterion is based on the definition
of office buildings used for Assessment Purposes to identify office buildings not eligible for the
deferral on assessment increases that strip retail received (O.Reg. 282/98). Tax policy should be
consistent with growth policy, as City Council has done with its recent tax policy decisions to
encourage employment growth in the City.
Employment land conversions - The policy dealing with conversion of employment lands to
non-employment or major retail uses has been modified. Conversions are only permitted through
a municipal comprehensive review where it has been demonstrated that the lands are not required
over the long term for the employment purposes for which they have been designated. This is
similar to the PPS policy, except that the Growth Plan addresses conversion to major retail uses.
The Growth Plan also goes further than the PPS by specifying that conversions are only
permitted where the review has demonstrated that the 'lands do not comprise 'prime industrial
lands,' which will be identified through the sub-area economic assessment.
The Growth Plan's definition of 'municipal comprehensive review' could be problematical. It is,
"an official plan review, or an official plan amendment, initiated by a municipality that
comprehensively applies the policies and schedules of this Plan." 'Comprehensively applying the
plan' is somewhat vague. The definition would be improved by specifically including
consideration of population and growth projections, alternative directions for growth, and how
best to accommodate this growth, which are listed in the PPS definition of a comprehensive
review. This would also then be consistent with the proposed amendments to the Planning Act
(Bill 51).
Major Transit Station Areas - The plan identifies major transit station areas as 'the area including
and around any existing or planned higher order transit station ....' (i.e. a subway or RT station).
They will be 'planned to serve as locations for large office and commercial development and
achieve residential and employment densities that support existing and planned transit service
levels.' Toronto's experience suggests that not all transit station areas should be required to
perform all these functions. For example, 'large office and commercial development' may be out
of place around some of the subway stations on the Bloor-Danforth line, although the new
Official Plan's identification of the area along Bloor and Danforth as an Avenue generally
Toronto City Council 13 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
achieves the same objective. Similarly, some stations may be located in Employment Districts
(e.g. Ellesmere and Midland) where residential development may not be desired. So some fine
tuning of this policy is in order.
Revised Density Targets for Urban Growth Centres - Generally, the higher target of
400 residents and jobs per hectare is supported for Toronto's centres. Parts of Downtown and
Yonge-Eglinton already exceed that target, while Scarborough, North York and Etobicoke have
the potential to achieve it, but only if they can attract significant office development (one job
requires about half the amount offloorspace as one resident). Strong enforcement of the policy
restricting the location of major office development throughout the GGH, coupled with
appropriate transit investment, will greatly assist achieving this objective.
A higher density target may also be appropriate for some centres outside Toronto. Hamilton and
Mississauga spring to mind. The plan should be revised to provide that when the scope and scale
of the centres are refined, their development potential will also be assessed, and their density
target increased if warranted.
Settlement Area Boundary Expansion - The City's comment on the draft plan requested a freeze
on the settlement area boundary south of the Oak Ridges Moraine until 2026. The plan does not
do this. It does, however, effectively require provincial approval to increase the amount of
designated greenfield area required to accommodate the growth forecasts, although determining
the location of any new designated settlement area remains a municipal responsibility.
Housing Strategy - The plan now requires that upper and single tier municipalities (including
Toronto) develop a housing strategy that will address the need for affordable housing and
support the intensification and density targets. Toronto's new Official Plan, in conjunction with
the proposed Municipal Housing Statement / housing strategy being developed under the
leadership of the Affordable Housing Office, will meet the City's obligations under this policy.
Natural Heritage - Given the stress that intense urbanization in the GGH is placing on the natural
systems, Policy 4.2.4 should be revised as follows: "Planning authorities are required to identify
locally significant natural areas that link and augment the natural system and develop policies for
its protection." The proposed plan 'encourages' municipalities to identify such areas and is silent
on the need for policy to protect or enhance them. In addition, authority under the Planning Act
and other tools to implement such policies remain inadequate. Tools should address natural
heritage as a system, and enable municipalities to mitigate impacts rather than simply prohibiting
any development. The City's earlier request for such tools should be repeated.
Culture of Conservation - This section requires municipalities to adopt Official Plan policies and
other strategies in support of conservation objectives. It is addressed only to municipalities. The
Province also has a role to play here, and the Plan should explicitly acknowledge it.
These policies should be expanded to include urban design standards that encourage and support
water conservation and integrated waste management, in addition to energy conservation.
II
Toronto City Council 14 Planning and Transportation Commtttee
January 31, February 1 and 2, 2006 Report 1 , Clause 4
Major Issues and Areas of Comment: Implementing the Plan
The plan is a good starting point (with the caveats discussed above). As the Plan itself says,
however, 'key to the success of the Plan is its effective implementation.' Its eventual success
remains to be proven. The Plan itself contains clear direction for some elements of its
implementation, particularly those that are municipal responsibilities. On the other hand, the Plan
commits the Provincial government to very little, particularly when it comes to infrastructure
investment (we are still waiting for the Transportation Strategy for the GGH).
Additional mapping - The Plan commits the Province to work with upper- and single- tier
municipalities to clearly define the boundary of the built-up urban area, the scope and scale of
urban growth centres and the amount of designated Greenfield area required for future growth.
These are important 'technical' components needed to implement some of the Plan's key
policies: that 40 percent of new development after 2015 should be in the built-up urban area; that
growth should be focused on urban growth centres; and that further greenfield development
should be tightly controlled.
Toronto will only playa minor role in this activity. Toronto is wholly within the built-up area,
which means that all of its development is 'intensification,' and that it has no greenfields. The
City's Centres are well-defined in the new Official Plan, although some work may be needed to
define the parts of the Downtown to which the Growth Plan's policies will apply (especially the
density target).
Toronto also has an interest in the amount of designated greenfield in the rest of the
GTA-Hamilton sub-area. With the elimination of the Sub-Area Growth Strategies (see below),
however, it will not now be part of the process for determining the amount or location of
designated settlement area. The review of the need for and amount of additional designated
Greenfield area (policy 2.2.8.2) should be done at the sub-area level.
Achieving intensification - The Plan provides for the implementation of its intensification target
by requiring upper- and single-tier municipalities to adopt official plan policies and 'outline a
strategy' to achieve the target, and also to use the phasing of greenfield development to achieve
the intensification target. This approach relies on planning controls. The Plan also directs the
Province and municipalities to use infrastructure investment and other implementation tools and
mechanisms to facilitate intensification. Many of these tools require further development (see
the discussion below of 'related tools'). This policy could be modified to more explicitly provide
that provincial investment will be linked to municipal policies and strategies and contingent on
progress in achieving intensification.
Sub-area Assessment - The draft plan relied heavily on Sub-Area Growth Strategies (SAGS) as
an important element of the Plan's implementation. The notion of a comprehensive strategy to
implement the Plan in the GTA-Hamilton sub-area has been eliminated, and replaced with
separate sub-area assessments of major implementation components: economic competitiveness,
transportation and water infrastructure, and protection of natural heritage and agricultural land.
These sub-area assessments may inform 'implementation strategies.' Implementation analysis
and policy development that had previously been a component of the SAGS is now a more direct
responsibility of upper- and single- tier municipalities or of the Province, in consultation with the
municipalities.
Toronto City Council 15 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
Although the SAGS may have been too comprehensive, the revised approach is also
problematical.
The policies for the sub-area assessments of economic competitiveness and water infrastructure
should be modified to more specifically indicate that the research will lead to new or refined
policies, strategies, priority-setting and phasing, and other actions. In addition the policy for the
transportation sub-area assessments should clearly indicate that they will identify priorities for
investment.
The draft Plan directed that the SAGS would be used to address waste management in the GGH.
The proposed Plan, through its Culture of Conservation policies, requires municipalities to
address waste management. Waste management is a pressing issue, one that should be addressed
at the sub-area level, and with provincial and private sector participation. The Plan should be
amended to reflect this.
Sub-area assessment should consider together the distribution of growth with the provision of
infrastructure. It should not simply be a matter of providing infrastructure to support the
distribution of growth shown in the forecasts, which are based partly on recent patterns of
employment sprawl across the greenfields in the GTA. The planned distribution of growth
should also be modified, if necessary, to reflect the best 'infrastructure solutions' as they are
developed through sub-area assessments. Such modifications may also result in changes to local
intensification targets and density targets.
Infrastructure Provision - Toronto City Council's previous support for the Growth Plan was
contingent on 'transit improvements and adequate sources of funding for infrastructure priorities
being identified in the promised 10-year infrastructure strategy for the GGH.' The lO-year
strategy has not been released, and there is no sign of it on the horizon. The Plan now refers to
'multi-year infrastructure planning' (policy 3.2.1.3). The detailed phasing and funding of
infrastructure remains crucial to the Plan's success. The sub-area assessments provide for
'refinement and phasing of the proposed transportation network' and 'analysis of
water/wastewater capacity and requirements to serve projected growth.' These would be key
inputs to the lO-year strategy, so they should be completed as soon as possible to support the
strategy, and to begin the effective implementation of the Plan. AB noted above, however, they
should, where necessary, be complimented by a broader sub-area assessment and refinement of
the Plan's policies; and they should more explicitly identify priorities for investment.
Transportation - Developing a strategy for funding transit expansion throughout the region is
probably the single most important part of the Growth Plan's implementation. In addition, the
role of the proposed GTTA needs to be agreed upon and defined. AB the City's earlier comments
on the Places to Grow initiative have noted, the Province should give greater support to
transportation demand management (TDM) strategies by, for example, partnering with the GTA
municipalities in support of the Smart Commute Association initiative.
r.
Toronto City Council 16 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
Community infrastructure - The new section on Community Infrastructure partly addresses the
City's earlier concerns over the Plan's silence in this area. It does not, however, deal with
funding issues for the infrastructure or for services such as immigrant settlement services. These
should also be considered as part of the lO-year infrastructure strategy, which should also
address major services partly funded by the Province such as universities, hospitals and schools.
Air Quality - hnproving air quality and slowing climate change is one of the key rationales for
the intensification - transit nexus of the Growth Plan's policies. Yet this receives only passing
mention in the contextual information in the Plan. The Plan needs to be much more explicit
about the links between improving air quality and the Plan's emphasis on intensification and
transit.
The proposed Plan adopts a suggestion from the City's staff report on the draft Plan to address a
wider range of air quality issues than those associated with energy conservation and
transportation demand management. It now requires municipalities to develop and implement
official plan policies and strategies that support reduction in emissions from municipal and
residential sources. This is an area where municipalities may not have adequate resources or
expertise, and where similar solutions will apply to most places in the GGH. It would be
appropriate for the Province to assist municipalities with research and policy development,
guidelines, and possibly a statement in the PPS.
Monitoring - The Plan commits the Province and requires municipalities to monitor the
implementation of the Plan. But it needs to go further, by committing to monitor the impacts of
growth and urban development in the GGH on the environment, the economy and quality oflife.
This monitoring should result in evaluations of the Plan and its policies that will be important
inputs to the lO-year review of the Plan required by the Places to Grow Act.
hnplementation Assistance for Municipalities - The Plan is a 'high level' plan, with few specific
details or targets. It leaves it up to municipalities and the Province itself to develop greater
precision as the plan is implemented. Many of the policies, strategies and other implementation
solutions will apply to most places in the GGH. This is another area where the Province could
provide valuable assistance to municipalities - particularly through the development of
guidelines, some of which may involve more specific targets. Examples include guidelines
and/or targets for waste diversion, air quality (see comment above), modal share splits based on
the Plan's intensification and density targets, and community design.
Related tools - Previous comments on the Places to Grow initiative have identified the need for
other tools to support the growth plan's implementation. These are still important, especially:
Development Charges Act Reform - municipalities should be able to recover the full cost of
growth-related infrastructure, to base charges for transit on an approved tnuisit development
strategy rather than average service costs over the past ten years, and to charge for all municipal
services to support complete communities. The Province should move forward with a review of
the Development Charges Act as soon as possible to support the implementation of the Plan.
Toronto City Council 17 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report 1, Clause 4
Fiscal Tools - there is a wide range of fiscal tools such as Tax Increment Financing, or tax
policies that can be used to encourage more compact development and transit use, and to
discourage auto use and low density sprawl by ensuring they pay their full costs. The Province
should pursue these tools and policies to support the Growth Plan. For example, Council's action
on tax policy supports the City's new Official Plan and this Growth Plan, but for these policies to
be fully effective the Province must change its policy so that Toronto businesses have the same
tax rate for the education portion of the property tax as businesses in the rest of the GT A.
Environmental Assessment Act Reform - the environmental assessment process can be very
costly and cause major delays in the implementation of the transit and other infrastructure needed
to support the growth plan's implementation. The Environmental Assessment Act should be
revised to streamline the approval of transit projects, and other projects, that have been identified
in Official Plans or in the Growth Plan itself.
Inclusionary Zoning - The Growth Plan requires that municipalities develop strategies for the
provision of affordable housing. An important tool for achieving this objective is engaging the
private sector in constructing affordable housing. Inclusionary zoning, which requires that
affordable housing be a component of residential or mixed use development, is a necessary tool
for achieving this important provincial objective.
Conclusions:
The Proposed Growth Plan is the starting point for a new era of managing growth in the Greater
Golden Horseshoe. Council should support its overall direction. It is consistent with the City's
approach in its new Official Plan, with its emphasis on intensification, transit, centres,
competitiveness, integrating land use planning with infrastructure planning, and protecting
valuable cultural and natural heritage.
It is only a starting point, however. Its implementation will be key to its success, particularly a
clear strategy for funding and phasing transit and other infrastructure. Municipalities and other
stakeholders have been closely and influentially involved in the Plan's development. It will only
be implemented successfully if the Province continues to work with them as partners.
1bis report's recommendations are generally aimed at improving the likelihood of successful
implementation, particularly in building on the economic strengths of the City.
Contact:
Barbara Leonhardt
Director, Policy and Research
City Planning Division
Tel: 392-8148
Fax: 392-3821
Email: bleonha@toronto.ca
II
Toronto City Council 18 Planning and Transportation Committee
January 31, February 1 and 2, 2006 Report I, Clause 4
(Copies of the Attachment - Proposed Growth Plan for the Greater Golden Horseshoe
(November 2005), referred to in the foregoing report, were forwarded to all Members of Council
with the January 9, 2006 agenda of the Planning and Transportation Committee, and copies
thereof are also on file in the Office of the City Clerk.)
City Council- January 31, February 1 and 2, 2006
Council also considered the following:
Communication:
- (January 23, 2006) from Martha A. Pettit, Manager, Legislative Services/Deputy Clerk,
Town of Ajax [Communication 16(a)j.
03/01/2006 WED 11:07 FAX 9059573219 Twp West Lincoln ~ 0021003
TOWNSHIP OF WEST LINCOLN 31 a Canborough Street
P.O. Box 400
Smlthville, Ontario
Corporate Services Department LOR 2AO
Phone: (905) 957-3346
Fax: (905) 957-3219
February 28, 2006
The Honourable Harinder Takhar
Minister of Transportation
3rd Floor, Ferguson Block
77 Wellesley Street West
Toronto, ON
M7A lZ8
Dear Honourable TakhaT:
Re: RenAminl! of Hil!hwav 140 as Hil!hwav 406
This is to eonfinn that on Monday, February 27, 2006, We8t Lincoln Township CoWleil adopted the
following resolution, from the February 20, 2006 Public W orkslRecreationl Arena Committee Meeting:
ITEM PW33-06
That, the correspondence received from the City of Port Colborne, dated January 31, 2006,
requesting support of the following resolution regarding the renaming of Highway 140 as
Highway 406:
(1) "WHEREAS the Ministry of Transportation made an annoWlcement on JWle 9, 2005 on
the widening of Highway 406 from south ofBcaverdams Road to Port Robinson Road
and tbat planning, property acquisition and environmental assessments are Wlderway for
the remaining portion to East Main Street in We1land;
(2) AND WHEREAS the Ministry proposes that the future extension of Highway 406 into
Port Colborne would be on a westerly route through Weiland to connect up with Highway
58;
(3) AND WHEREAS Mayor's and senior staff of the cities of Port Colborne and Weiland
met with the Ministry of Transportation on January 4th, 2006 to discuss the routing of
Highway 406 into Port Colbornc by using Highway 140;
.(4) , NOW THEREFORE the Council of the Corporation of the City of Port Colborne resolves
.~.,,--- to ask that the Ministry ofTransporation rename Highway 140 to Highway 406 and
include the Highway 140 route for the Highway 406 extension in the Environmental
Assessment that is to be done for the Niagara to OTA Conidor,
(5) That a eopy of this resolution be fOlWarded to the City of Weiland and other Area
Municipalities, the Regional Mwlicipality of Niagara and T. Hudak, M.P.P. for support."
be received and supported.
iurs:I::;~
ae~ie Thrower '
Confidential Secretary
. I. -.-
.
,''Ie ,.
OFFICE OF THE:
MAYOR ~~;
CHIEF ADMINISTRATIVE OFFICER
CLERK .";,,,'~!r
DIRECTOR OF FINANCIAL SERVICES THE CORPORATION OF THE
DIRECTOR OF OPERATIONS TOWN OF PELHAM TEL (90S) 892-2607
DIRECTOR OF PLANNING SERVICES
DIRECTOR OF BUILDING & ENFORCEMENT SERVICES FAX (90S) 892.5055
POST OFFICE BOX 400
PELHAM MUNICIPAL BUilDING, 20 PELHAM TOWN SQUARE
FONTHILL, ONTARIO LOS lED
February 21, 2006
THE HONOURABLE HARINDER TAKHAR
MINISTER OF TRANSPORTATION
3RD FLOOR, FERGUSON BLOCK
77 WELLESLEY STREET WEST
TORONTO ON M7A lZ8
Dear Honourable Takhar:
This is to advise that Council of the Town of Pelham, at its regular meeting held on Monday,
February 20,2006, resolved to enact the following resolution:
"THAT Council of the Town of Pelham endorse and support the resolution
enacted by the City of Port Colbome at their meeting held January 24, 2006 whereby they
request that the Ministry of Transportation rename Highway 140 to Highway 406 and to include
the Highway 140 route for the Highway 406 extension in the Environmental Assessment that is
to be done for the Niagara to GT A Corridor;
AND THAT a copy of the resolution be forwarded to the Ministry of Transportation,
local MPP's, Regional Municipality of Niagara; City of Port Colbome and area municipalities."
Yours very truly,
%
TOWN OF PELHAM -
f;
~V'.N.J-~- ""
~
Cheryl Mic ette, AMCT i
Town Clerk
.
s<:
Cc: Local MPP's ~
Regional Municipality of Niagara @
,::.
......
City of Port Colbome
Area Municipalities
,-- II
02124/06 10:03 FAX 9058714022 TOWN FORT ER1E
Illi 0021002
-
Office of the Clerk
FebruaIy 15, 2006
File #120204
Janet Beckett, City Clerk
City of Port Colborne
66 Charlotte Street
Port Colbome, ON L3K 3C8
Dear Ms. Beckett:
Re: Request Region to Co-Challenge 'l'VN Niagara's application to the CRTC
In response to your communication regarding the above matter, the following resolution
was passed by the Municipal Council of the Town of Fort Erie at its meeting of Februaxy 13,
2006:
THAT: The Municipal Council of the Town of Fort Erie hereby supports the resolution of the City of Port
Colbome to request the Regional Municipality of Niagara to investigate a eo-<:hallenge in the
courts, under the Canadian Charter of Rights and Freedoms and in the interests of all citizens in
the Region, of the Canadian Radio Television and Telecommunication's decision on November
18, 2005 10 deny the applica~on of TVN Niagara Inc. for license to operate a television
programming IJndertaking to serve the Niagara Region.
Trusting this meets with your requirements.
Carolyn J. Kett, A.M.C.T..
To'\VI1 Clerk
ckgf1(QJforteri.e.on.ca
CJK/dlk
e_c. Pam Gilroy, Clerk, Regional Municipality or Niagara - VIA FAX 905-685-6243
J. MBloncy, M.P. Weiland.. VIA FAX 1..90~188..0071
T. H.udak, M.P.P. Erie-Uncoln - VIA FAX 905-994-1140
W. Wilkes, lVN Niagara Inc. - VIA EMAlL
D_ Martin, Regional Councillor
Area Munidpalities - VIA. FAX
Malling Address; The CoIponlion of Ihe Town of Fort Brie
Municipal Centre. 1 Municipal Cen"" Drive
Fort Erie. Oowio. Canada UA 186
Office Hours 8:30 a.m. to 5;00 p.",- Phone (90S) 811-1600 F.. CIOS)871-4022 Wcb--.si[e: www.foncricTon.C8.
I. ---_.-
I Deal1lCl,rfida- ,Res.ClllJtiClI1~Ka'NadhaLakes,.3J@Feb27.lldf . Pagell
City of The Corporation of the
~WART City of Kawartha Lakes
P,O, Box 9000, 26 Frands St,
Lindsay, Ontario K9V 5R8
Tel: (705) 324-9411 exl 320, 1 888-822-2225
Fax: (705) 324-8110
Catch the Kawartha sPirit bkeJ/v(fj)c itv.kawarthalake S.on.ca
Barbara A. Kelly, Mayor
February 27, 2006
Premier Dalton McGuinty
Premier of Ontario
99 VIIOlesley Street
\M1itney Block, 6th Floor
Toronto ON M7A 1WJ
Dear Premier McGLinty:
Re: Municipal Property Assessment Corporation
PI the Council meeting of February 7. 2006 the COl<1CiI of the City of Kawartha Lakes passed the
following resolution:
Moved by Councillor R. McGee, seconded by Councillor Marsh,
WI-IE REAS the Provincial Government originally was financially res~ible for the provision of
~ Assessment in Ontario:
AND WHEREAS this cost to Ontario municipalities creates hardship for municipal taxpayers;
THEREFORE BE IT RESOLVED THAT the Goverrvnent of Ontario immediately assume
responsi!>lity for fLlI cost of MPAC (MLJ1idpal Property Assessment CoIporation) and fheir
services;
AND THAT tlls resolution be c;rculated fhrough AMO to all Octano muric;palnies and MPPs,
CARRIED CHR2006-30
This resolution was passed along personally to yoor Ministry of Finance staff at the recent OGRAlROMA
Conference held in Toronto. It was again also suggested that, if municipalitie s are to contil'lJe to be
responsi!>e fLl~ for the costs, then we shOOd also be allowed to 'opt out of MPAC' to consider our awn
solutions to providing this service.
VI/e look faward to hearing back from yCY.S Government en His matter.
Yours truly,
~ <? ~-4
Mayor Barbara Kelly
City of Kawartha Lakes
BKph
c.c. PMO
MPP's
I. ----.----
I. bearl,.lorfia,a.~.Resolu!i~n:~a\yaritiCl.~~kesL2666Fe~1,.4.'fldf Page 11
City of The Corporation of the
City of Kawartha Lakes
~WART P,O, Box 9000, 26 Franas St,
Lindsay, Ontario K9V 5R8
Tel: (705)324-9411 exl 320,1888-822-2225
Fax: (705) 324-8110
C..ateh the Kawartha spirit bkelMii>citv.kawarlhalake s,on.ca
Barbara A. Kelly, Mayor
February 14,2006
Premier Dalton r/d3uinty
Premier ofOnlario
99 \'\tlllesley Street, \^.ot1itney Blod<, 6th Floor
ToronlO ONM7A 1VV3
Dear Premier McGuinty:
Re: Provincial Relief
At the City ofKawartha Lakes Council meeting of February 7 ,2006, the following resolution 'NaS approved:
Moved by Mayor Kelly, seconded by CounclHor VHlemalre,
RECOMMEND THAT VllHEREAS municipal governmen1s j n Ontario are required to subsidize p revinda1 health and social services
programs, like \Nelfare and employment services, disability benefits, drug benefits, sodal housing, d'lild care, homes for the aged,
public health and ambulance serviceS;
AND V\lHEREAS rrany young families and seniors in Ontario are finding the municipal property tax tl be a financial hardship;
AND V\lHEREAS other housing oosls sum as hydro rates, natural gas rates and cosls for water and sewer treatment and virtually
all oosts of running a home are increasing sharply;
AND VVHEREAS the inoomes ofworking families and seniors have not kept pace Vvflt1 these escalating oosts;
AND VVHEREAS due to increases i n municipal property tax and other housing oosts many working families and seniors may be
forced out of their homes and the oonmunities t hat they love;
NOW THEREFORE BElT RESOLVED THAT the resolution from the City of Port Colborne be supported, specifically the following:
THAT t he Province of Ontario be requemd tl provide relief and remedy for working families and seniors who are hardest hit by
unacx:eptable spikes in the oost ofliving and by1tle likely property tax increases to oome; a nd
THAT t he Province of Ontario be requested tl end ils dO'Mlloading of provincal programs and the use ofmunicipaf property tax
dollars for the subsidization 0 fprovincial heal1h and social services programs; and
THATt he Province of Ontario be urged to workw ith the Association 0 fMunicipalitie sof Ontario to develop a plan to begin the
irrmediate uploading ofprovindal program oosts b ad< to w here they belong to be funded through Provincial revenues.
lHATt his resolution of support be forwarded to the Prenier of Ontario, T he Minister of Municipal Affairs and Housing, The Minister ot
Finance, and The Association ofMunidpalitie sot Ontario, along with Laurie Scott, MPP for support CARRIED CHR2006-19
'We are enoouraged by your recent announcement that you are looking seriously at the fiscal irrtlalances between our levels of
Government through a tri-Ievel commission. However, t here is a need to address 1hese matters as quickly as possible i n order to
respond to the pressures on \o\Orking famlies and seniors. We look forward to your serious and immediate review of this m aller.
Yours truly,
~ t1~4
Mayor Barbara Kelly
City ofKawartha Lakes
BK:ph
John Gerretsen, Minister of Municipal Mairs & Housing
DMght Duncan, Minister of Finance
M10
Ulurie Scott, MPP
-~ -----.-
ILbeanlClrfida:ReSClllJliClrl" Ka~arthalakes?job6i=eb27.pdf" Page 11
City of The Corporation of the
City of Kawartha Lakes
IQ\WART P,O, Box 9000, 26 Franas St.,
Lindsay. Ontario KSV 5R8
Tel: (705)324-9411 ext 320. 1 888-822-2225
Fax: (705) 324-8110
Catch the Kawartha s/Jirit bkel/y@.cfly.kawarthalake s,on. ca
Barbara A. Kelly, Mayor
February Z7, 2000
Premier Dalton McGLinty
Premier of Ontario
99 Wellesley Street
\M1itney Block, 6th Floor
Toronto ON M7A 1W3
Re: Source Water Protection
Dear Premier McGLinty:
N. the Febru!V}' 7, 2000 City of Kawartha Lakes Coun eil Meeting. the following resolution was approved:
Kf-IEREAS the Government of Ontario recognizes and concludes that "Water Knows No
Jurisdiction" ;
AND WHEREAS water is one of Ontario's primary natural resources;
AND WHEREAS the Government is vested with responsibility for the management of
Ontario's natural resources through the Ministry of Natural Resources (MNR);
THEREFORE BE IT RESOLVED THATtJ/fJ Government of Ontario be requeSfI!d to take the
necessary action to place Source Wlter Protection with the MNR; and
THAT this be sent to the Association of Munlclpalitie 5 of Ontario for circulation to all Ontario
municipalities and all M.P.P. 's. CARRIED CR20Q6.109
As discussed with various Ministries over the last 'Nee!<: at the Rural Ontario MlJ1icipalities Association
Conference, the affordability cn:t sustainability of water legislation, including Source Water Protection is
certairiy in question. As part of cons idering responsibility for this natlJ"al
resOll"Ce, it is respectfuly requested that the financial responsibility of all water-related matters also be
assL.med by the Province,
Yours truly,
z5'~ t?~~
Maya Barbara Kelly
City of Kawartha Lakes
BKph
Minster of the Environment
Minster of MlJ1idpal Affairs & Housing
Lauie Scoll. MPP
fWlO
~----_..- ,. -----
WORD. UIIi S, Watkiss
CitvC~
City Clerk', Offlce Tel: (416) 392-8016
City Hall, 12th Floor West Fax: (416) 392-2980
100 Queen Street West clerk@toronto.ca
Toronto, Ontario MSH 2N2 ht1pi/www,toronto,ca
Ref: 2006-03-J(2)
February 17, 2006
ALL MUNICIPALITIES IN ONTARIO:
City Council on February 14, 2006, adopted, without amendment, the following Motion:
J(2) Request to Federal and Provincial Governments to Preserve the National Child
Care Program - Protect IDgh Quality Accessible Child Care in Toronto
Moved by Councillor Davis. seconded by Mayor Miller
"WHEREAS Toronto City Council endorsed the following six-point action plan for
building a national Early Learning and Child Care program at its meeting on
November 30, December 1 and 2, 2004:
(i) moving from the current user pay and subsidy system to publicly funded
programs, as in Quebec and other OECD countries;
(ii) introducing standards that guarantee quality, universally accessible,
developmental, inclusive programming like the Canada Health Act, the
principles of child care needs to be enshrined in legislation;
(iii) maintaining existing federal commitments (Canada Social Transfer, Early
Childhood Development Initiative and Multilateral Framework Agreement
funding);
(iv) dedicating a separate adequate designated funding stream for a new,
long-tenn federal transfer to provinces and territories;
(v) agreeing that all expansion takes place through public and/or not for profit
delivery; existing for-profit programs may be grand-parented; and
(vi) including provincial and territorial accountability, tied to five-year plans that
include goals and objectives, timelines and targets, review and evaluation as
they build new Early Learning and Child Care (ELCC) systems; and
WHEREAS the City of Toronto received $46 million for child care in 2005 and will
receive $80 million in 2006 from the federal Early Learning and Child Care funding,
which will add 2,275 new child care spaces in Toronto; and
...2/
II
-2-
WHEREAS under the existing federal program, the City of Toronto would have
received an additional $236 million over the life of the five-year program and added
a total of5,855 licensed and subsidized child care spaces in the City of Toronto; and
WHEREAS the cancellation of the federal Early Leaming and Child Care program
by the new Conservative Government puts the City of Toronto's child care system
and those new spaces in jeopardy; and
WHEREAS the lost funding will leave many children in the City of Toronto without
quality accessible child care; and
WHEREAS the Conservative Government's proposed child care income support for
families is a valid policy goal but is not a substitute for public investment in high
quality early learning and child care programs; and
WHEREAS less than $100.00 a month, after taxes, comes nowhere close to
covering the cost of high quality child care, and tax credits for employers will not
create sustainable, equitable child care programs; and
WHEREAS without a national child care program, there will be no choice in child
care for parents;
NOW THEREFORE BE IT RESOLVED THAT Mayor Miller, on behalf of
Council and the residents of the City of Toronto, work with the federal and
provincial governments to preserve the national child care program and the Ontario
federal-provincial child care agreement;
AND BE IT FURTHER RESOLVED THAT the City of Toronto work with
families, child care programs, and child care advocacy groups to ensure that the
federal government fulfils its five-year funding commitment to build a national early
learning and child care system in Toronto and Canada;
AND BE IT FURTHER RESOLVED THAT this motion be circulated to the other
municipalities in Ontario."
~;?/-' .'
for City Cler
M. Toft/cd
Sent to: Mayor David Miller
All Municipalities in Ontario
c. General Manager, Children's Services
02123/06 17:18 FAX 9058714022 TOWN OF FORT ERIE IiiJ 0021004
-' --
Office of the Clerk
FebrulllY 23,2006
File #230404
The Honourable Dwight Duncan The Honourable John Gerretsen
Minister of Finance Minister of Municipal Affairs and Housing
Frost Building South 777 Bay Street
7 Queen's Park Cr. Toronto, ON M5G 2W5
Toronto, ON M7A 1Y7
Honourable and Dear Sirs:
Re: Ontario PartneJ:smp Fund Alloc:ations for 2006
In response to your commwrication regarding the above matter, the following resolution
was passed by the Municipal Council of the Town of Fort Erie at its meeting of February 13,
2006:
WHEREAS the provincial government has announced an extension of funding for the Ontario Municipal Partnership
Fund ("OMPF")to 2006 and an extension of the phaslHlul.lCalegyto 2010, and
WHEREAS the provincial government is increasing 2006 allocations under the program by ~51 million (7.7%) to $707
million, and
WHEREAS the OMPF was designed to address a number of problems inherent in the former Community
Reinstatement Fund, which the current provincial govemment slates was inequitable, onerously complex and left
muni"ipalities with similar cilCUmslances receiving different I........ of funding, and
WHEREAS the OMPF I. supposed to be a transparent system of grants that ensures equitable funding among
municipalities In similar circumstances. and
WHEREAS the provincial govemment states that K is committed to working in partnership with municipalKies, and
WHEREAS OMPF allocations will be used by munlcipalKies lo supplement their general tax levy, and
WHEREAS there is no apparent justification for the vast disparity In allocations from the OMPF to tha various
communities, and
WHEREAS the residents of the Town of Fort Ere are entitled to fair traatment and equity from the provincial
government, and
WHEREAS the Town of Fort Erie has been allocated $88,000 under the 2006 OMPF, as in 2005, whereas all but one
other municipality in NiagaJ8, (Pelham) will continue to receive signifICantly grealer funding. and
WHEREAS circumstances in Fort Erie are similar to those of other municipalities In Niagara;
NOW THEREFOI'lE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it elCpress
disappointment and dissatisfaction with the continued inequity in the implementation of the 2006 OMPF allocations,
and
../2
Mailing Address: The Corponuion of dJt Town of Port Erie
Municipal CcdiEre, I Municipal CeDlIC Dri'le
Fen Erie. Ontario, Canida L2A 2S6
Office Ho"", 8:30 a.m. to 5:00 p.m, Phone (90S) 87 I-J 600 Fa. (9051 871-40:12 Web-site: W\VW.forteric_on_CR
I"
02123/06 17:18 FAX 9058714022 TOWN OF FORT ERIE ~ 003/004
The Honourable Dwight Duncan, Minister of Finance
The Honourable John Gerretsen, Minister of Municipal Affairs & Housing
February 23, 2006 Page Two
THAT: The Minister of Finance review its calculations end methodology for arriving at the OMPF allocations to ensure that
the Town of Fort Erie receives a fair and equitable allocation of funding for 2006. and further
THAT: The Minister of Finance be respectfully requested to meet with the Mayor and Town staff to review the Fort Erie 2006
OMPF allocation and disparities in Niagara, and further
THAT: The appropriate persons be so notified ofthis action.
By way of background, His Worship Mayor Wayne Redekop introduced the above resolution
and explained the purpose of the creation of the OMPF was "designed to address a number of
problems inherent in the former CRF" as stated in your letter of January 27, 2006. In
addition, you indicate in the letter "by contrast, the OMPF consists of a transparent system of
grants and ensures municipalities in similar circumstances are provided with similar
amounts of funding." The Town of Fort Erie is of the view the OMPF continues to be
inequitable and is not based on fair funding criteria. At one time, the Town of Pelham was
the only municipality in the Niagara Region that didn't receive any funding. Now Fort Erie
receives $88,000 and Pelham receives $26,000.
Mayor Redekop emphasized the objective of his resolution is not to take money away from
other municipalities in Niagara but to highlight to the Province the disparate funding
amongst the Niagara municipalities from a high of $3.3 million to a low of $26,000. It is hard
to imagine equity in that sense. Despite the calculation method, there must be some better
explanation than the calculation you have used. In addition, it appears the Provincial
Government has not considered the implications of the designation of provincially significant
wetlands by the Ministry of Natural Resources. For example, there are approximately 2100
hectares of provincially significant wetland and 96 hectares of locally significant wetland in
Fort Erie, rendering these lands undevelopable.
Our Director of Finance, Mrs. Margaret Neubauer, indicated at the meeting that what is
driving these grants is adherence to the 1997-1998 formula. She advised she visited the
Province at that time and it was explained that municipalities that were primarily residential
did not receive much in the way of funding. Those municipalities with higher commercial
development received higher levels of funding.
We respectfully await notice from your office respecting a suitable date to meet with Mayor
Redekop and Town staff. Your office can contact Ms. Diana Kelley, Executive Assistant
Mayor/Clerk at ext. 204 to schedule the meeting.
.../3
02123/06 17:19 FAX 9058714022 TOWN OF FORT E~IE I4i 0041004
_.~-- The Honourable Dwight Duncan, Minister of Finance
The Honourable John Gerretsen, Minister of Municipal Affairs &. Housing
February 23, 2006 Page Three
Thanking you for your attention to this matter.
Carolyn J. Kett, A.M.C.T.,
Town Clerk
ck.et1f@forte.rie.on.ca
CJK(dIk
cc: T, Hudak, M.P.P. Erie-Lincoln - V1A FAX 905-994-1140
K. Craitor, M.P.P. Niagara Fall. - V1A FAX 905-357-9456
D. Martin, Regional Councillor
P. Gilroy, Clerk, Reg;.onal Municipality of Niagara - V1A FAX 905-685-6243
Area Municipalities - VIA FAX
H. Schlange, Chief J\.dministrative Officer
M. Neubauer, Director of Corporate Services
I.
~ I
ONTARIO SMALL URBAN MUNICIPALITIES .
ASSOCIATION OF MUNICIPALITIES OF ONTARIO
Office of the 57 West Street
Administrative Officer: Goderich, Ontario N7 A 2K5
Tel: (519) 524-8344
Fax: (519) 524-7209
Email:lmccabe@goderich.ca
February 21,2006
Dear Head of Council and Members of Council:
RE: 2006 OSUM Conference & Trade Show
Please join us in the Municipality of Leamington for the OSUM 53n1 Annual Conference and
Trade Show from May 3n1_5lh, 2006. Further Conference and Trade Show information can be
found on The Municipality of Leamington website at www.1eamimrton.ca.
Registration, accommodation and program information has already been distributed by the
Municipality of Leamington and general inquiries may be directed to Rochelle Emery-
Luckett at 519-326-5761 ext. 206 or rluckett@leamington.ca. Cheques fQr registration fees
should be made payable to the Corporation of the Municipality of Leamington.
For those interested with the OSUM Executive Committee, a nomination form is enclosed
and will be received by the undersigned until April 14. 2006.
The Conference Program has a wide variety of topics and allows for opportunity for delegate
participation. Please plan on attending the Conference to obtain current information on
municipal issues.
.~..,<~'\-';:.._~:., .~-; .~~,
A/', '.. \ '\. ~..,l._"_""""" ;' 1 ,.,~
;~ <>' .... '" <(
.. !rlECEIVED ~
FEB 2 ;;; 2006
Encl. MAVOR'SOFACE
._-_._~
From: Information Niagara 905-682-6611; FAX. 905-682-4314 Date: 3/6/06 TIme: 10:31:44 PM Page lof1
THE HEAD INJURY ASSOCIATION
OF FORT ERIE (HIAFE)
is HOSTING a FUNDRAISER
THE 4TH ANNUAL MAYOR'S CUP
FRIDAY MARCH 31, 2006
CHALLENGE HOCKEY GAME - between Canada Customs and the Mayor's team 4pm to 5:30 pm
SILENT AUCTION - 5 pm to 8 pm
DINNER - 6:30 pm
DANCE To-MORE BAD NEWS AND THE HORNS FROM HELL
9pmtolam
at
FORT ERIE LEISUREPLEX ARENA AND BANQUET HALL
Tickets available from HIAFE 905-871-7789 or Town of Fort Erie 905-871-1600 Ex!. 204
$30.00 each
Proceeds: Head Injury Association of Fort Erie
and the Children of the Gulf Coastal Relief
.
~_.- .. --..-
,
Page I of2
Dean Iorfida - Peter F. Drucker Awards 2006
From: "Kai T Bucht" <stjanfbr@cogeco.net>
To: "Sue@Niagarafallschamber.Com" <sue@niagarafallschamber.com>, "Sergio Bollito"
<sergio.bollito@redcross.ca>, "Rich Gark" <rgark@cogeco.ca>, "Rev Dean Willich"
<yorick@cogeco.ca>, "Paul Herbert" <prherbert@cogeco.ca>, "Patricia Marcella"
<epjmar@niagara.com>, "Pat Gray" <pat.gray@thewirelessage.com>, "Niagara News"
<niagaranews@cogeco.net>, "Mike Hill" <mhill526@hotmail.com>, "Marilyn Chase"
<monroe35@hotmail.com>, "Ken Burden" <kburden@city.niagarafalls.on.ca>, "Heather
(Business Banking) Matthews" <heather.matthews@rbc.com>, "Harvey Freel"
<harveyfreel@hotmail.com>, "Bill Delaney" <william.delaney@sympatico.ca>, "Calan
Boyle" <cboyle@niagaracommunitynewspapers.com>, "Carol Stewart-Kirkby"
<carolsk@caninet.com>, "Craitor _ Kim- MPP-CO" <kcraitor.mpp.co@liberal.ola.org>,
"Darryl Freel" <darryIJreel@hotmail.com>, "Dean Iorfida"
<diorfida@city.niagarafalls.on.ca>, "Garry & Mary-Ann Cartwright"
<gcartwright@cogeco.ca>, "Gill Tucker" <gilsyt@hotmail.com>, "Gord Chase"
<guschase@hotmail.com>, "Jim Davey" <jimd@nfalls.crawfordss.com>, "Jim Shields at
Business Link Niagara" <info@businesslinkniagara.com>, "Nancy D Haywood"
<nancy.haywood@sympatico.ca>, "Terry Librock" <tlibrock@niagaratransit.com>, "Jackie
work Zufelt" <ncav@cogeco.net>, "Jenn Dyck" <jdyckl_@excite.com>, "Lydia at home
Tarasiuk" <Iydialily@sympatico.ca>, "Rhean Ongcangco" <rheanongcangco@hotmail.com>,
"Pete Corfield" <pcorfield@cogeco.ca>, "Jeff Cairns" <jeffcairns@cogeco.net>, "Joyce
Monteith" <jlmonteith@sympatico.ca>, "Carol Newman" <c1jones@bellnet.ca>, "Mark
Newman" <mnewman5@cogeco.ca>, "Ray Anderson" <bertl@cogeco.ca>, "Carl Thomas"
<ThomasEnterprises@cogeco.ca>, "Anita Mackenzie" <amackenzie26@cogeco.ca>
Date: 3/3/2006 I :03 PM
Subject: Peter F. Drucker Awards 2006
CC: "Alaric Woodrow" <awoodrow@on.sja.ca>, "Colleen Greer" <cgreer@on.sja.ca>
I am pleased to announce that St John Ambulance Niagara Falls Branch won the Peter F, Drucker Award for
Operational Efficiency for 2006, The criteria for the award was:
Ql!erational Efficiency
It could be the result of a new approach to administrative practices, an innovative way to use technology or a
holistic approach that encompasses these tactics and more. Uitimately Operational Efficiency saves time, energy
and money, allowing an organization to focus on its real business: delivering services and achieving its mission,
Key indicators were:
. Tools and tactics in place designed to improve organizational performance: improve service delivery,
expand service options, increase efficiencies, refine operational practices,
. May be advances in technology, operations or administration resulting in streamlined procedures or service
delivery,
While they said great things about staff, they also said great things about our Board, members and community
partners, Your commitment to the organization, the community services we provide, and the community we
serve, Congratulations to each and every person who has made a difference in the way we operate, the progress
we have made, the challenges and diversities we have faced together. I hope this community recognition will
revitalize us as we prepare to launch new initiatives and meet the ever growing and changing needs of those in
our community, Thank you to each one, Your efforts are appreciated and recognized,
Sincerely,
Kai T Bucht
file:/ /C:\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 0000... 3/7/2006
~ I.