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2008/02/20 - Provincial Council Information *for period ended February 20, 2008* *A.M.O./Provincial* 1. Community Day at Queen's park 2. OMB Appeals 3. Municipal Performance measurement Program (MPMP) 4. AMO Board Meeting Report 5. Gas Tax/ Infrastructure 6. Emergency Incident Management System 7. Sprinklers 8. Budget 9. Fairness to Military Families 10. Greenhouse Gas Reduction 11. Municipal Spending 12. Immigration 13. Homelessness 14. Ontario Municipal Partnership Fund (OMPF) 15. Municipal Solid Waste Projects 16. Hours of Service Counsel Public Affairs Inc. 95 St. Clair Avenue West, Suite 1606 Tnrnnto, Ontario M4V 1 N6 main 416-920-0716 fax 416-352-6069 Counsel PUBLIC AFFAIRS November 1 S, 2007 Mayor Ted Salci The City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X8 ' Dear Mayor Salci, Re: Community Day at Queen's Park A few weeks ago you received a package from me proposing that Counsel Public Affairs plan and organize a Community Day for your municipality at Queen's Park. A Community Day presents a unique opportunity to focus the attention of Cabinet Ministers, Party Leaders and Members of Provincial Parliament (MPPs) on your community and its key issues of concern. The goal of a Community Day is to raise awareness and build an understanding of your issues with the intention of gaining support with government, securing subsequent meetings and potentially a commitment to address your key issues. We would propose to organize your Community Day when the Legislature reconvenes in March, 2008. For further information on this proposal, or assistance on any other urgent matters, please don't hesitate to contact me. I look forward to the opportunity of working with you. Sincerely yours, W. Donald Cousens LLD. Director, Municipal Affairs Practice Counsel Public Affairs Inc. Email: d~:ousens~c?cot.tnselga.com Main Office Line: (908) 513-3646 Charles Beer W. Donaid Cousens Philip Dewan Charles Harnick, Q.C. Caroiine Pinto cheer@counselpa.com dcousens@counseipa.cam pdewan@counselpa.com charnick@counselpa.com cpinto@counseipa.com Community Day at Queen's Park Counsel Public Affairs Counsel Public Affairs Inc. (CPA) is one of Ontario's leading government relations firms. We have worked with all three levels of government and represented both public and private sector clients in every sector of the economy. Collectively, the Principals of CPA bring many decades of combined senior level experience in policymaking, government, and politics. Donald Cousens, the new Director of CPA's Municipal Affairs Practice and former Cabinet Minister, served as Mayor of Markham from 1994-2006 and as a Director of the Association of Municipalities of Ontario. Principals Charles Beer - Minister of Community and Social Services and Minister of Francophone Affairs in the Peterson government; MPP -York North (1987-95); Executive Assistant to the Minister of Health and Long Term Care (2003-04); CEO of several non-profit organizations, including the Canadian Executive Services Organization, the Canadian Educational Standards Institute and the Ontario Association of Youth Employment Centers; senior public servant in the Ontario government from 1966-77; current Board Member of the Ontario Hospital Association; Bilingual. Donald Cousens -Mayor of the Town of Markham, Ontario (1994-2006); MPP -York Centre (1981-87) and Markham (1987-94); Minister of Correctional Services in the Miller government (1985); Opposition Critic for Industry Trade and Technology (1985- 86) and Finance and Economics (1993-94); York Region Council -member of Council (1994-2006) and Chair of Finance (1997-2000). Philip Dewan -Founder of Excelsior Consulting Group Inc.; Chief of Staff to Dalton McGuinty and head of the Liberal Caucus Services Bureau (1999-2003); President and CEO, Fair Rental Policy Organization (1990-99); Director of Policy, Office of Premier David Peterson; Economic Policy Advisor, Office of the Leader of the Opposition; senior advisor in Liberal campaigns in 1985, 1987 and 2003. Charles Harnick, Q.C. -Attorney General of Ontario and Minister of Native Affairs (1995-99); MPP - Willowdale (1990-99); federal land claims negotiator; civil litigator and Bencher of the Law Society of Upper Canada; co-founder of Suasion Public Affairs Management; senior counselor in Public Affairs for five years; named by Ontario's Minister of Energy to sit on a panel to review executive compensation and strengthen the effectiveness of Ontario's energy sector (2007). Caroline Pinto - Co-founder of Suasion Public Affairs Management; Senior Vice- President in a public affairs firm; Vice-President and Director Deloitte & Touches Counsel and Senior Policy Advisor, Attorney General of Ontario and Minister of Native Affairs (1995-98); called to the bar in 1989; Bilingual. In our experience, a Community Day at Queen's Park represents an effective way to draw attention to the challenges facing Ontario's communities, through meetings, media events and presentations, with a view to building support within government to address these issues. Goal of a Community Day. at Queen's Park We understand that Ontario's municipalities face a diverse set of issues that require attention from the provincial government, including transit, infrastructure, affordable housing, human services, health care and the environment. The goal of a Community Day at Queen's Park is to raise awareness and build an understanding of the key issues affecting your community amongst key government decision-makers, including Cabinet Ministers, Party Leaders and Members of Provincial Parliament (MPPs), with the intention of building support within government, securing subsequent meetings and potentially securing a commitment to address your key issues. Organization We would recommend that an internal Planning Committee consisting of your staff and local politicians be created to guide this effort and serve as our main point of contact. The Committee and CPA would work collaboratively to identify your community's main issues of concern and determine the event's strategic approach. While Cabinet Ministers and government MPPs and their staff would be the obvious focus, we recommend that consideration also be given to MPPs and staff from Opposition Parties. We would review the legislative calendar and recommend some possible dates for your Community Day, early in the government's mandate and after the Legislature resumes sitting. " Stra egy Counsel Public Affairs would work with the Planning Committee to design a strategy that achieves your community's goals. The strategy would: • Align your community's needs with the newly-elected government's priorities, objectives and programs in the areas identified by the Planning Committee; • Build your community's case for the government to address the key local issues facing its residents; • Identify grassroots advocates or external stakeholders who support your community's perspective on its key issues of concern; 2 • Identify key targeted elected and non-elected decision-makers, including: o Cabinet Ministers and Parliamentary Assistants for critical portfolios; o Local MPPs; o Other influential MPPs from outside of the region (key issue critics, Party Whips, Caucus Chairs); o Party Leaders; o Key political staff; and o Senior civil servants. • Build a profile for your Community Day at Queen's Park with both local and provincial media, if desirable (an option based on budget and needs); and • Determine the type of capstone event, such as a cocktail reception for all MPPs, that best fits your goals. Event Management and organization Once the strategic approach has been determined, CPA would assist in developing and executing the following activities: 1. Preliminary Research o Meet with the Planning Committee to confirm goals, timelines and budget; o Identify your key issues of concern in collaboration with the Planning Committee; o Support the development and refinement of key messages; o Determine the optimal solution to achieve your community's objectives; o Identify key elected and non-elected government decision-makers, and grassroots advocates or external stakeholders to invite; o Work in collaboration with the Planning Committee to develop an innovative look or "theme" for the day which is reflective of your community's goals, based on the agreed approach and consistent with your community's key messages; and o Identify the ideal capstone event to highlight your community's goals. 2. Planning and Design o Prepare a detailed critical path with all of the steps required to conduct the event; o Assist in choosing the date of the event; o Develop a program for the event; o Manage the logistical details, including scheduling the facility, and arranging catering and audio visual requirements; o Identify and assist in securing a local MPP to sponsor your Community Day and ensure that it is recognized in the Legislature during Members' Statements; o Assist the Planning Committee in developing and refining the necessary supporting documentation, including a letter of invitation and key messages, briefing material and a presentation to be used during the day's proceedings, the Press Conference and in meetings with government decision-makers; 3 ~ ~ • o Follow up with government decision-makers who have been invited to the capstone event and Press Conference by the Planning Committee to ensure their attendance; o Facilitate meetings with the targeted government decision-makers; o Design a media outreach plan to ensure maximum exposure for the event (optional); o Assist in the development of a media advisory and news release relating to your Community Day at Queen's Park for distribution on the news wire; and o Assist in planning the Press Conference. 3. Execution o Provide event management services for the day's events; o Escort your Officials to private meetings with elected and non-elected government decision-makers; and o Facilitate interviews with media as required. Evaluation aid Measurement Following your Community Day at Queen's Park, CPA and the Planning Committee would meet to: • Debrief and discuss the results and key findings; • Follow up with Ministerial aides and other staff to ensure the issues are not lost; and • Share feedback, determine the extent. to which your Community Day achieved its objectives and discuss ongoing advocacy needs. 4 •i • OLl SLLP MUNICIPAL LAW - WINTER 2008 BARRISTERS & SOLICITORS Confl icti n court ' ' dec~s~ons on a eels pp By Barnet Kussller and Jeff Cowan, as published in Novae Res Urbis - GTA Edition, November 21, 2007 Municipalities, developers and other interested stakeholders who have been waiting for greater certainty on when Ontario Municipal Board decisions can be appealed to the Divisional Court wi I I have to wait a I ittle longer. In both cases, there was no dispute appeal based on a question of law, or is it about the test for granting a leave for really a question of policy? - appeal to the Divisional Court. S ecificall leave to a p y ~ p y, ppeal from an It is on this law/ olic distinction that • - ~ - OMB decision will be granted only if the two decisions seem to take diverging an applicant can satisfy all of the approaches. What follows is a closer look following tests: at the two decisions and the different • The proposed appeal relates to a conclusions that each court reached. - , question of law; Interpretation of Greenbelt Plan •The question of law is of sufficient In 583753 Ontario Limited v. York • ~ ~ ~ importance to merit the attention (Regional Municipality), several of the Divisional Court; and residential developers wanted to use • There is reason to doubt the lands that were protected from correctness of the OMB's settlement under the province's Two recent decisions of the Divisional decision. Greenbelt Plan for parkland that was Court on motions for leave to appeal required as part of their subdivision OMB decisions show marked While the second and third tests are approvals. The municipality refused, differences in approach and outcome. inherently subjective-and it has not asserting that any parkland provided as Individually, each decision stands on been uncommon to have different an amenity to a housing development its own merits; when examined decisions coming to different conclusions would be actively used; as such, it could together, however, they reveal a based on different fact situations-the not encroach on greenbelt areas under conflict in terms of how and when first test should be capable of a more the Greenbelt Plan, which were not leave to appeal will be granted. objective determination: is the proposed intended for active parkland uses. governmentupate The OMB agreed with the munici- statutes, policy statements and plans Brockenshire acknowledged that the pality, finding that such parkland would were aimed at promoting. Greenbelt Plan was authorized by constitute part of a settlement area and, statute-namely, the Greenbelt Act, as such, it cannot encroach on In considering the First test of whether 2005-he determined that the plan Greenbelt lands. leave to appeal should be granted, itself was a collection of policy Justice Lax determined that the inter- statements, and its interpretation was a On the motion for leave to appeal, the pretation of the Planning Act, Provincial question of policy, not law. Unlike developers argued that the OMB erred Policy Statements, and the City of Toronto Justice Lax, he was not prepared to find in its interpretation of the Greenbelt Official Plan were all questions of law that the approach taken by the OMB in Plan and that, since the Greenbelt Plan While neither the Provincial Policy considering its policy-making function emanated from astatute-Greenbelt Statements nor the city's official plan are itself raised a question of law. Act, 2005-this interpretation was one statutes, they are both created under of law, not policy. the authority of astatute-namely, the In the Queen West Triangle case, Planning Act. Relying on the approach Justice Lax went on to find that the Justice Brockenshire of the Divisional taken in a previous Divisional Court other two tests for granting leave to Court disagreed. He held that while the decision, Justice Lax concluded that this appeal-sufficient importance to merit Greenbelt Plan is authorized by statute, it was enough to find that their interpreta- the attention of the court, and reason to is a collection of policy statements. tion was a question of law In essence, doubt the correctness of the OMB's Interpretation of policy by the OMB she held that the board's failure to give decision-were also met, and cannot constitute grounds for appeal due consideration to its policy-making accordingly, leave to appeal was under the three-pronged test set out function was itself a question of law: granted. There was some hope that above. Accordingly, although Justice «~,t the core of the Board's decision- v~'hen this appeal was ultimately heard Brockenshire acknowledged that the making in planning cases is the determi- by a panel of the Divisional Court, some correctness of the OMB's decision was nation of the public interest. The Board greater certainty about the law/policy "open to serious debate," he held in his distinction would emerge so as to provides no rationale or analysis to 2007 decision that the proposed appeal support its conclusion that the projects Provide guidance on future applications did not raise a question of law, and the ~,~,ere in the public interest....The for leave to appeal. However, on motion for leave to appeal was dismissed. Planning Act requires that all planning October 30, 2007 the developer and the applications, especially by-law amend- city announced they had settled the Queen West develo meat issue, and the appeal was never heard. p ments must conform to the Official Plan In City of Toronto v. 2059946 Ontario as a means of ensuring that the practical Limited, Justice Lax appears to have mechanisms of planning approval are What remains are two decisions with taken a very different approach on the consistent with the planning objective conflicting views on what is law and law versus policy debate, leading to a of the community. The Board failed to what is policy, and consequently, on different outcome. consider whether the projects are when an application for leave to appeal contrary to broad City policies that an OMB decision will be granted. The case involved a proposed support a mix of uses as reflected in the development in an area of the city Official Plan. The Board Reasons are Deference to municipalities known as the Queen West Triangle. deficient in justifying its decision and may become common thread The city sought leave to appeal an provide no indication that the Board Despite this difference in approach, it OMB decision that permitted ahigh- considered this or had regard to whether appears that there is a also a common density residential development on one the projects were consistent with the thread running between the two part of the lands designated for mixed- Planning Act and provincial policy. decisions-namely, deference to the use residential and non-residential position advocated by the municipality purposes. The city's position was that Taking the reasons as a whole, there is in each case. the OMB decision was inconsistent reason to doubt the correctness of the with the Planning Act, Provincial Policy Board's decision." While both decisions emphasized the Statements issued under Section 3 of the need for deference to the OMB, Planning Act, and the City of Toronto It is difficult to reconcile Justice Lax's neither one referred to any principle of Official Plan. The city's concern was findings with those of Justice deference to policy making at the that the proposed development did not Brockenshire, unless one restricts the municipal level. However, the fact is contain the mix of uses-namely decision to the legal inadequacy of the that the end result in each case was housing and employment-that these OMB's reasons. While Justice that the municipalities gained the governmentuda restrictions on development that they the duty to consult with the First consultation will be broader and more were seeking. In the end, therefore, Nations applies to municipalities when intensive. the question of whether an appeal is a making land-use or other decisions question of law or policy may depend that may impact these rights. While the Crown is not under a duty to more on judicial deference toward the reach an agreement during such specific principles and policies that the ®t~ty t® C®t1SLt~t eXpl~i~~d consultations, it has a duty to consult municipality is attempting to uphold The aboriginal and treaty rights of the in good faith and maintain the "honour rathex than on a purely objective aboriginal people of Canada are of the Crown" in reconciling the assessment of the issue itself. protected under Section 35 (1) of interests of the Crown and First Canada's Constitution Act, 1982. Nations in the matter at stake. Accordingly, until the Divisional Courts have held that when there is Court does provide greater guidance any possibility that these rights may be Doty ~t the rr~unicipaf fuel on the law/policy distinction, munici- infringed, the federal or provincial Like the federal and provincial alities develo ers and other stake-. governments, municipalities also have p ~ p government involved has a duty to the power to make decisions that may holders should take their cue from this consult with the affected First Nations common thread of deference to group. This duty to consult exists with impact aboriginal or treaty rights. But municipal policy. They must also be respect to established aboriginal or municipalities are not Crown entities - sure to undertake a careful factual and treaty rights and in situations where they are created by provincial statute, legal analysis before taking action on a such rights have been claimed but are not constitutional authority. Are they motion for leave to appeal, keeping in not yet determined or established. It bound by this same duty to consult? mind the conflicting approaches that exists independent of any statutory While the Supreme Court of Canada seem to have emerged. Such an provision which may require consulta- has concluded that third parties (such analysis will ensure they are in a better tion with First Nations or other public as, for example, a corporation which is position to assess any settlement bodies or individuals. not a government agency) are not opportunities that could further their responsible for discharging the Crown's objectives beyond what a court Consultation must be carried out in duty to consult and accommodate, it decision might provide. good faith, with the goal of addressing has not specifically commented on the the concerns that affected First obligations of municipalities and the Nations may have -and reconciling question is still unsettled. ®u t t® C ®n ~ u ~ t W't h interests where possible. But the scope y of this duty and the extent of consulta- One recent British Columbia Court of F f rst 1 V at f ®n S ; H tion required will depend on the Appeal decision, Gardner v. Williams . ? circumstances, including: Lake (City) 2006 B.C.C.A.307, municipal obfigat~on. suggests that the Crown's duty to • the seriousness of the potential consult may not extend to municipali- impact on rights; ties. However, the Gardner case did By M. Jill Dougherty not involve an claimed abori final or the extent to which the First Y g Nation has asserted a claim to treaty rights and cannot be treated as a _ such aboriginal and treaty rights definitive ruling on the duty to consult ~ ~ which may be affected, and the with First Nations. status of the claim; In the Gardner case, the city was • • the merit or strength of the claim; contemplating by-law amendments on and a parcel of land to accommodate the • whether the aboriginal or treaty building of a retail store. An area rights potentially affected are resident claimed that the consultation The Canadian federal government and already existing or established, or process in advance of the by-law all provincial governments have a duty to consult with the First Nations simply claimed but as yet unde- change was inadequate. before takin an ste s that ma termined. While the g Y P Y process in that case was infringe on aboriginal or treaty rights If the potential impact on rights is related to consultation required under which are claimed or have been minor, the scope of the consultation a provincial statute and did not involve established. The case law on this point can reflect this. For more substantial aboriginal or treaty rights, the Court is clear. What isn't so clear is whether impacts, the nature and scope of the referred to the scope of the duty to governmentupdate consult in cases where such aboriginal Registrar -can play key oversight roles in an independent manner and is rights were concerned. In her reasons, as municipalities begin exercising the responsible for the Lobbyist registry Justice Saunders stated that "Local new and broader powers Of autonomy and, upon request, making inquiries to governments are the creatures of that the Municipal Act now provides. ensure compliance with it. the provincial legislature, bound by their provincial enabling legislation. Here's an overview of each of the four Consider your' options This case, therefore, does not engage positions. There are a variety of ways to establish the honour of the Crown or the some or all Of these integrity functions heightened responsibility that comes Integrity Commissioner within a municipality. Whatever with that principle in cases engaging Municipalities can now establish codes integrity functions you are considering, Aboriginal questions." of conduct for council members and be sure t0 explore the different options members Of local boards. The Integrity available to you and get the professional Factor rights into decision making Commissioner is an independent advice you need to ensure you find the Since the question Of whether duty to officer responsible for seeing that the structure that's best for your munici- consult applies to local governments code of conduct is properly applied pality. has not been directly settled by a court and that the behaviour Of councillors dealing with a potential aboriginal and board members is ethical. The WeirFoulds has extensive experience Commissioner can also conduct advising and acting for municipalities. rights infringement, municipalities inquiries into any alleged breaches of We understand the accountability and would be wise to bear this in mind and the code of conduct. governance issues faced by municipal- seek legal advice on their option when ities and how to address them. If you making a decision which may affect Ombudsman are considering the creation of one or First Nations' interests. There may The Ombudsman's role is to independ- more of these positions, we can help also be situations where consultation is ently and impartially investigate you before, during and after the estab- a preferred and cost-effective step, recommendations, decisions or acts lishment of these positions, and offer even if it is not legally required. done in the course of the munici- ongoing advice to the people appointed pality's administration that have had to these positions to help them carry Putting new municipal peoplep. The investigationsoare ~arpried out their duties. accou nta b i I ity out in private, and the Ombudsman reports directly to council. measures into action Auditor General By Kim Mullin The Auditor General helps council Congratulations to George Rust- hold itself and its administrators D'Eye on receiving the Ontario Bar accountable for the oversight and Association's Award of Excellence in ~ spending of public funds, and for the Municipal Law, 2007. achievement of value for money in ~ municipal operations. The munici- • pality itself specifies the duties that are assigned to the Auditor General. - • Lobbyist Registrar Major amendments to the Municipal The Municipal Act provides municipal- Information contained in this publication is strictly of a general nature and readers should not act on the information without Act, 2001 took effect on January 1, 1t1eS Wlth S1gn1f1Cant SCOpe Ln terms Of seeking specific advice on the particular matters which are of 2007. One Of the key changes was the dealing with people who lobby public concern to them. WeirFoulds will be pleased to provide additional information on request and to discuss any specific introduction o f a c c o u n t a b i l i t y office holders. The municipality Can matters. If you are interested in receiving this or any other p r O V 1 S 1 O n S that give municipalities define Who a lobbyist is, require WeirFoulds publication by e-mail, please send a message to publications@weirfoulds.com. the power to create new positions to lobbyists to file returns to a lobbyist help ensure that good governance is registry, establish a code of conduct, The Exchange Tower, Suite 1600 maintained by local council and suspend or revoke registration and 130 King Street West, P.O. Box 480 Toronto, Ontario, Canada M5X iJ5 boards. prohibit former public office holders Tel: 416-365-1110 Fax: 416-365-1876 from lobbying for a specified time www.weirfoulds.com While these powers are permissive and period after they leave. ©WeirFoulds LLP 2008 not mandatory, the new positions - , Integrity Commissioner, Ombudsman, The Lobbyist Registrar carries out e it O~ S LLP Auditor General, and Lobbyist functions assigned by the municipality BARRISTERS & SOLICITORS Ministry of Ministers des ~ Municipal Affairs Affaires municipales ~ ~ ~ and Housing et du Logement ~ ~ Office of the Minister o E . Bureau du mirnstre F 777 Bay Street, 17~' Floor 777, rue Bay, 17e stage - Ontario Toronto ON M5G 2E5 Toronto ON M5G 2E5 ~ ~ f Tel. (416) 585-7000 Tel. (416) 585-7000 ~ k,, Fax (416) 585-6470 Telec. (416) 585-6470 ~ ~ www.mah.gov.on.ca www.mah.gov.on.ca c ~ ` ~ 07-2916 December 5, 2007 ~ ~ , To' Heads of Council I am writing to provide you with the reporting requirements for the 2007 Municipal Performance Measurement Program (MPMP). The formal requirements for MPMP under Section 299 of the Municipal ,4ct are lined in the attached Schedule which goes into effect on January 1, 200. As in previous years, during the course of 2007 Working Groups comprised of municipal volunteers and subject matter experts reviewed the MPMP measures and have made recommendations for improvement. For the 2007 reporting year the changes are relatively minor: • The general government efficiency measure has been simplified. . Anew parks and recreation efficiency measure has been introduced that measures the combined costs of recreation programs and facilities. • The effectiveness measure for the location of new development has been revised to eliminate double counting. Detailed definitions for each performance measure will be released as part of the instructions for the 2007 Financial Information Return. The Ministry will also provide municipalities with a set of multi-year templates that can be used to publicly report MPMP results. To access the templates, please visit the ministry website at www.mah.gov.on.ca. If you have not already done so, please inform your local Municipal Services Office as to the method used to publish 2006 MPMP results to the public and the date, or if you have any questions about filling out the Financial information Return. I would like to remind you that in the 2009 reporting year, municipalities will begin reporting tangible capital assets as assets and amortization as an expense in the Financial Information Return (FIR}. This provides an opportunity for MPMP to introduce efficiency measures based on total expenses. We will build on the existing formulas for efficiency measures. Effectiveness measures will not be affected by the changes in financial reporting. The MPMP Advisory Committee, which includes representatives from municipalities and their organizations, is working with the Ministry to develop MPMP efficiency measures that benefit from the move to accrual accounting. /2 _2_ To: Heads of Council Finally, I would like to take this opportunity to highiight that in August 2447 the Association of Munici alities of Ontario AMO I p ( ) aunched the Mun~c~pal Information Data and Analysis System (MIDAS). MIDAS is user friendly and designed for use by municipal staff. Built through a partnership between AMO and the ministry, MIDAS makes it possible to access MPMP results and FIR data. It enables municipalities to compare results to other municipalities and makes it easier to analyze MPMP results. MIDAS was made possible by a grant #rom Ontario's Strengthening our Partnership's program, and is available free of charge to all municipalities. Please contact AMO directly to receive your MIDAS password. S' erely yours ~m Watson, MPP Minister Attachment c: Chief Administrative Officers Municipal Clerks MPMO Advisory Committee Members SCHEDULE MUNICIPAL PERFORMANCE MEASUREMENT Designated by the Minister under Section 299 of the Municipal Act, 2001 (the ..A~„~ PROVISION AND PUBLICATION OF DESIGNATED MUNICIPAL INFORMATION Performance measurement information 1. (1} A municipality shall in respect oi<' each municipal fiscal year provide to the Minister and publish for the taxpayers of the municipality, the performance measurement information designated in the attached chart (the "chart"). The chart forms part of this Schedule. (2) The information provided by a municipality under subsection (1) shall include performance measurement information for any local board of the municipality that provides a public utility, and any planning board, transit commission or police services board of the municipality. (3} This section does not include any requirement for an entity described in clause (a), (b), (c) or (d) of subsection 299 (1) of the Act to provide performance measurement information directly to the Minister or to taxpayers. Timing for provision and publication of information 2. (1) A municipality shall provide the information required by section 1 to the Minister not later than five months after the last day of the fiscal year to which the information relates. (2} A municipality shall publish the information required by section 1 not later than nine months after the last day of the fiscal year to which the information relates. Included information, publication and notice to ministry 3. (1) A municipality at a minimum shall include with the information published under section 1, (a) the name of each performance measure in the chart and the fiscal year to which it relates; and (b} the result generated for the measure by the electronic financial information return software of the Ministry, after the municipality submits the relevant performance measure information to the Minister. (2) A municipality shall publish the information referred to in subsection (1) through one or more of the following methods, y (a) a direct mailing to taxpayers or households; (b) an insert with the property tax bill; (c) in local newspapers or advertising periodicals; or (d) posting the information on the Internet. (3) A municipality shall, as soon as reasonably possible after publishing the information under subsection (2), provide the following to the Regional Director of the Municipal Services Office of the Ministry for the district that includes the municipality: 1. The date of publication. 2. The, method or methods of publication that the municipality used. Financial information return 4. A municipality shall provide to the Minister the information required by section 1 by reporting that information in those schedules or lines in the municipality's financial information return for the relevant municipal fiscal year that correspond to the service or function performance measurement categories designated in the chart. Board or commission 5. (1) A board or commission of a municipality shall make available for review by a municipality any performance measurement information designated in the chart related to services or functions supplied in respect of the municipality by the board or commission in a fiscal year. (2) In this subsection, "board or commission" means a local board that provides a public utility, and a planning board, transit commission or police services board. Service or function not supplied 6. If a municipality does not supply a service or function at any time in a fiscal year, section 1 does not include any requirement for the municipality to provide or publish information related to that service or function designated in the chart for the fiscal year. Definitions 7. In this Schedule, "Minister" means the Minister of Municipal Affairs and Housing; "Ministry" means the Ministry of Municipal Affairs and Housing; "supply" means supply pursuant to a statute, bylaw or resolution or an arrangement or agreement with any person or municipality, and "supplied" has a corresponding meaning. In force 8. This Schedule comes into force January 1, 2008 for the 2007 fiscal year. CHART 2007 Measures Municipal Performance Measurement Program (MPMP) GENERAL GOVERNMENT i.1 Operating costs for governance and corporate management as a percentage of total municipal operating costs PROTECTION Fire a ~~.~:~~~~,~,$~t4~, 2.1 Operating costs for fire services per $1,000 of assessment Police 3.1 Operating costs for police services per person 3.2 Violent crime rate per 1,000 persons 3.3 Property crime rate per 1,000 persons 3.4 Total crime rate per 1,000 persons (Criminal Code offences, excluding traffic) 3.5 Youth crime rate per 1,000 youths Note: Definitions of crime based on Statistics Canada definitions in Canadian Crime Statistics, 85-205-XIE. TRANSPORTATION Roadways 4.1 Operating costs for paved (hard top) roads per lane kilometre 4.2 Operating costs for unpaved (loose top) roads per lane kilometre 4.3 Operating costs for winter maintenance of roadways per lane kilometre maintained in winter 4.4 Percentage of paved lane kilometres where the condition is rated as good to very good 4.5 Percentage of winter events where the response met or exceeded locally determined municipal service levels for road maintenance Transit 5.1 Operating costs for conventional transit per regular service passenger trip 5.2 Number of conventional transit passenger trips per person in the service area in a year 1 ENVIRONMENT Wastewater 6.1 Operating costs for the collection of wastewater per kilometre of wastewater main 6.2 Operating costs for the treatment and disposal of wastewater per megalitre 6.3 Operating costs for the collection, treatment, and disposal of wastewater per megalitre (Integrated System) 6.4 Number of wastewater main backups per 100 kilometres of wastewater main in a year 6.5 Percentage of wastewater estimated to have by-passed treatment Storrt~ water 7.1 Operating costs for urban storm water management (collection, treatment, disposal} per kilometre of drainage system 7.2 Operating costs for rural storm water management (collection, treatment, disposal) per kilometre of drainage system Drinking water 8.1 Operating costs for the treatment of drinking water per megalitre 8.2 Operating costs for the distribution of drinking water per kilometre of water distribution pipe 8.3 Operatin costs for the tre 9 atment and distribution of drinking water per megalitre (Integrated System) 8.4 Weighted number of days when a boil water advisory issued by the Medical Officer of Health, applicable to a municipal water supply, was in effect 8.5 Number of water main breaks per 100 kilometres of water distribution pipe in a year Solid Waste 9.1 Operating costs for garbage collection per tonne or per household 9.2 Operating costs for garbage disposal per tonne or per household 9.3 Operating costs for solid waste diversion per tonne or per household 9.4 Average operating costs for solid waste management (collection, disposal and diversion) per tonne or per household 9.5 Number of complaints received in a year concerning the collection of garbage and recycled materials per 1,000 households 9.6 Total number of solid waste management facilities owned by the municipality with a Ministry of Environment Certificate of Approval 2 9.7 Number of days per year when a Ministry of Environment compliance order for remediation concerning an air or groundwater standard was in effect for a municipally owned solid waste management facility, by facility 9.8 Percentage of residential solid waste diverted for recycling 9.9 Percentage of residential solid waste diverted for recycling (based on combined residential and ICI tonnage) PARKS AND RECREATION 10.1 Operating costs for parks per person 10.2 Operating costs for recreation programs per person 10.3 Operating costs for recreation facilities per person 10.4 Operating costs for recreation programs and recreation facilities per person (Subtotal) 10.5 Total kilometres of trails and total kilometres of trails per 1,000 persons 10.6 Hectares of open space and hectares of open space per 1,000 persons (municipally owned) 10.7 Total participant hours for recreation programs per 1,000 persons 3 J 10.8 Square metres of indoor recreation facilities and square metres of indoor recreation facilities per 1,000 persons (municipally owned) 10.9 Square metres of outdoor recreation facility space and square metres of outdoor recreation facility space per 1,000 persons {municipally owned) LIBRARY SERVICES 11.1 Operating costs for library services per person 11.2 Operating costs for library services per use 11.3 Library uses per person 11.4 Electronic library uses as a percentage of total library uses 11.5 Non-electronic library uses as a percentage of Iota! library uses LAND USE PLANNING 12.1 Percentage of new residential units located within settlement areas 12.2 Percentage of land designated for agricultural purposes which was not re- designated for other uses during the reporting year 12.3 Percentage of land designated for agricultural purposes which was not re- designated for other uses relative to the base year of 2000 12.4 Number of hectares of land originally designated for agricultural purposes which was re-designated for other uses during the reporting year 12.5 Number of hectares of land originally designated for agricultural purposes which was re-designated for other uses since January 1, 2000 4 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-mail: amo@amo.on.ca A~*~cr~~i,~t~r,~ ~rf ±~'~t~aairi~i~~~tt~n ter`' ~ )~xfari~ 1111 E NI B~ R~ O M U N CAT' 1 O~ ALERT N~: o8ioo4 To the attention of the Clerk and Council FoR ~noRi ~N1=oRMAT[oN coNTACT: Laurel McCosham Policy Advisor February 5, 2008 (416) 971-9856 ext 315 AMO Report to Members on January 2008 Board Meeting To keep members informed, AMO continues to provide updates on important issues considered at regular AMO Board of Directors' meetings. Highlights of the January 2008 Board meeting follow: ¦ IESO Municipal Readiness Survey The Board received a report entitled, Ontario Municipalities: An Electricity Profile. Developed by the Power Application Group Inc. (PAGI), which was contracted by AMO/LAS and the Independent Electricity System Operator (IESI), the report surveys electricity use in the municipal sector. The aims of the survey were to educate municipalities about the April 1St, 2008 change from the Regulated Price Plan to the hourly price, to increase understanding and awareness of the electricity market and commodity purchase options, and to discuss and exchange best energy management practices and develop a segment profile on electricity costs, consumption and conservation potential. Results of the survey indicated that Ontario's municipalities spend $680 million annually on electricity. Consuming 6.6 billion kilowatt hours of electricity each year, municipalities account for 4.3 percent of total electricity consumption across the province. Given the significance of the municipal sector, the report highlighted the potential for clean development mechanisms (CDM) and efficiency gains. The data presented will be used in AMO/LAS program design, such as conservation and demand management programming, and as part of its energy conservation advocacy strategy. Confact: Scott Vokey, Energy Services Coordinator, email: svokey@amo.on.ca; ext: 357 ¦ Update on the Standard Development Process under the AODA The Board received an update from the AMO Resource Team Chairs and Standard Development Committee (SDC) representatives on issues related to the implementation of the Accessibility for. Ontarians with Disabilities Act (AODA). The presentation highlighted Government changes to the manner in which standards are being developed Associatir~n of 1-3 Municipalities of ®ntario and their impacts on the process. AMO will be sending a letter to the Province regarding the changes to the standard development process. Contact: Petra Wolfbeiss, Senior Policy Advisor, email: pwolfbeiss@amo.on.ca; ext: 329 ¦ AMO Response to CCME Draft Canada-wide Strategy on Municipal Wastewater Effluent The Canadian Council of Ministers of the Environment (CCME) has been consulting with stakeholders to draft a national municipal wastewater effluent strategy. AMO has been invited to submit its input on the draft strategy and staff has invited comments from across-section of municipal experts to review the key elements of AMO's response. These elements stress the municipal commitment to environmental protection and sewage treatment upgrades while underlining the need for infrastructure funding and provincial strategies and programs that will support this commitment. Adopting this position, the Board directed staff to communicate AMO's response to the CCME. The response has been posted on the AMO website. Contact: Craig Reid, Senior Policy Advisor, email: creid@amo.on.ca; ext: 334 ¦ Proposed AMO Climate Change Task Force The Board approved Terms of Reference for the creation of an AMO Climate Change Task Force. Charged with a broad mandate to examine the full range of issues associated with climate change, the task force will assist the Board in developing AMO positions. To ensure technical knowledge and broad policy proficiency are captured, membership will draw upon both political and municipal staff-level expertise. AMO will issue an Alert in the coming weeks informing members how they may express interest in positions on the Climate Change Task Force. Contact: Craig Reid, Senior Policy Advisor, email: creid@amo.on.ca; ext: 334 ¦ Waste Electronics and Electrical Equipment Plan AMO staff was directed to submit comments on the draft Waste Electronics and Electrical Equipment (WEEE) Plan based on the core principles previously approved by the Board. AMO staff and the AMO Waste Task Force Sub-group are currently in the process of reviewing the draft plan. A response will soon be posted on the AMO website. Contact: Milena Avramovic, Senior Policy Advisor, email: milena@amo.on.ca; ext: 342 Association ofi 2-3 Municipalities of ontario ¦ Federal Gas Tax Communications The Board received an update on communications initiatives associated with federal gas tax funding. These initiatives include the development of a graphic representation of the phrase, "Federal Gas Tax Funds at Work in Your Community", awards for exemplary projects, as well as an AMO resource toolkit to assist municipalities with local promotion and signage, which will be particularly useful to municipalities with limited staff. These initiatives are designed to support reporting requirements under the Ontario Federal Gas Tax Agreement. Local communications efforts are to be evaluated as part of the Federal Government's overall assessment of the Agreement. These materials will be available before the end of February. Contact: Judy Dezell, Project Manager, Gas Tax Implementation, email: jdezell@amo.on.ca; ext: 306 This information is available in the Policy Issues section of the AMO website at www. ama on. ce. Association cat 3-3 Municipalities of C?ntaria 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 I Fax: (416) 971-6191 ~ E-mail: amo@amo.on.ca ~+±,ck.c~aaEt1rr~ cif ~R~~fr~~r, ilazl~Et~~ G~f (~iai.lfica G~ B G R C~ M M V~~ CAT ~ ALERT N°: 071059 FQR Mt}RE INFORMATION C(3NTACT: TO t~'Ie ~tt~'~?t!®C? O,~ ti~@ C~GY~( c'~l'1t~ COUt7G%~ Judy Dezell, Manager Federal Gas Tax December 17, 2007 (416) 971-9856 ext 306 E House of Commons Motion calls for Permanent Federal Gas Tax Funding for Municipalities Issue: Clarification of recent news reports indicating the Federal Government has made the Federal Gas Tax funding permanent. Background: The following motion was passed in the House of Commons last week with all party support: That, consistent with the spirit of the Liberal New Deal for Cities and Communities, this House believes it is in the best interests of Canadians that the government should take steps to make permanent the sharing of the Federal Excise Tax on gasoline with all Canadian municipalities for the purposes of enhancing local community infrastructure. The expression of support by the House of Commons for permanent Federal Gas Tax funding for municipalities is an important step forward. The next step will be for recognition of Parliament's support for permanent Federal Gas Tax funding for municipalities in the Federal Budget. The 2007 Federal Budget extended the Federal Gas Tax funding for an additional four years to 2014. AMO and municipalities across the country will be seeking confirmation in the 2008 Federal Budget that the Government of Canada is committed to allocating the Gas Tax funding as a permanent source of infrastructure investment revenue for municipalities. Historically, the Government of Canada has indicated that the question of permanency would be contingent on an evaluation of the current, 5-year gas tax agreement signed in 2005. The program evaluation is due to the Federal Treasury Board by mid-2009. Action: Individual municipalities have an important role to play in helping to secure permanent Federal Gas Tax funding. Municipal governments are responsible for demonstrating how their investments are furthering environmental sustainability as required by the current agreement. Municipalities are reminded that the reporting requirements and the evaluation process that begins in 2008 will be critical to continuing efforts to make the Gas Tax Funds permanent. This information is available in the Policy Issues section of the AMO website at www. amo. Qn. ca. Association of Municipalities of Untaria 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-mail: amo@amo.on.ca ~s~c~~ i.tfecr~t ~t ~`*~~rticip~il.f~ r~fi ~l~~t ~~ite ~vl E Ivl B E R G O l.,l N t~T O ALERT Na; o7/oss To the attention of the Clerf~ and Council F®R Moai llVI=CJRM,4TtoN CONTACT: December 13, 2007 Brian Rosborough, AMO Director of Policy (416) 971-9856 ext 318 Ontario's Fall Economic Statement Provides Much Needed Funding for Municipal Infrastructure and Transit Toronto, Ontario, December 73, 2007 -Finance Minister Dwight Duncan tabled the government's forecast today in the legislature, promising additional funding for municipal infrastructure including transit and local roads and bridges. "Additional provincial investment in municipal infrastructure is an investment in Ontario's future prosperity." said Doug Reycraft, President of the Association of Municipalities of Ontario. "Municipal infrastructure is a foundation of the provincial economy; securing that foundation must be a priority for all governments. -municipal, provincial and federal." The Minister's statement included new commitments that directly benefit municipalities including an additional investment of $300 million in municipal infrastructure funding to support priorities such as local roads, bridges, water systems and community infrastructure, $500 million for transit projects and to assist municipal transit systems across Ontario, and an additional investment of $100 million for transit in the Greater Toronto Area. "Today's announcement builds on the government's decision to upload the costs of disability and drug benefits that will save municipalities $935 million a year by 2011," said Reycraft. The Statement also included a number of tax measures to assist manufacturing and resource industries. "The Government's actions to assist manufacturing and resource industries will help protect jobs in communities across Ontario," added Reycraft. "Northern and resource economies dependent on exports have been hard it by recent economic developments." This information is available in the Policy Issues section of the AMO website at www. rr~c~. on. ca. Association of 1-1 Municipalities of Ontario 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 ~ Fax: (416} 971-6191 t E-mail: amo@amo.on.ca d~'3;Kftd"4.#~tf:~S1 its ~c'~fJt~t+~l~.Di1~9~Ff~~ fit ~.1itt,~~I€~ MEMBER ~ CJ M M U N CA'T' C~ [11 ALERT r~~: o8loos ~©R nnoRE wive®~~nATtoN coNTACT: To the attention of the Clerk and Council February 19, 2008 Craig Reid, AMO Policy Advisor (416) 971-9856 ext 334 Federal Liberal Party Pledges Infrastructure Money { ! Issue: Liberal leader Stephane Dion pledges new funding for municipalities to eliminate Canada's infrastructure deficit. Background: Liberal leader Stephane Dion announced that a Liberal government would move to dedicate any surplus greater than $3 billion to municipal infrastructure in an effort to erase the municipal infrastructure deficit and improve Canada's ability to remain competitive. The funding would be in addition to existing federal government infrastructure funding programs such as the Gas Tax Transfer and the Municipal-Rural Infrastructure Fund (MRIF). In addition, Mr. Dion reiterated his pledge that a Liberal government would make the Gas Tax Transfer permanent. Mr. Dion said that a Liberal government would set aside a $3 billion Contingency Fund every year that, if not needed for deficit purposes or unpredictable events, would be applied to the debt. Any additional surplus would be used to invest in such infrastructure needs as: public transit; water systems; roads and bridges; and cultural and recreational facilities. This investment would be made through existing federal gas tax transfer agreements, i.e., the funding would be entitlement based. According to the federal Department of Finance figures released on January 10, 2008, the federal government had a surplus of $13.28 in 2005-06, an estimated surplus of $13.78 in 2006-07 and forecast to have a surplus of $11.56 in 2007-08, $106 of which the federal government has said it will use to reduce the federal debt. Action: For your information. More details can be found in the Liberal Party news release or Mr. Dion's statement. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca. Association of 1-1 Municipalities of ©ntario 200 University Ave, Suite 801 Toronto, ON M5H 3C6 ~ Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-mail: amo amo.on.ca M E M R C ®1~I~ M~ N~ Ct~T O N ALERT hl°: 07/057 To the attend®n of the Clerk Ind Council F®R MoR~ IWFC?RMATION cC3NTACT: Craig Reid, AMO Senior Policy Advisor December 10, 2007 (416) 971-9856 ext 334 Province Consulting on A New Incident Management System for Ontario Issue: Emergency Management Ontario is consulting on the development of a common approach to a new Incident Management System for Ontario that will better allow emergency management organizations to work together. Background: Emergency Management Ontario (EMO) has been working with amulti-stakeholder group to develop an Incident Management System (IMS) for Ontario that will better allow emergency management organizations to work together to manage emergencies. The IMS consists of a doctrine that would be adhered to by emergency services organizations that would facilitate better interoperability and resource sharing. Documents that are now provided for your information and feedback are: • EMO consultation covering Letter • Overview resentation • Doctrine • Trainin overview • FAQs • Feedback form Action: Councils are requested to work with their municipal emergency management coordinators and emergency services staff and respond directly to EMO. Documents are available are attached and comments can be e-mailed to emo.ims.consultation ontario.ca by January 25, 2008. This information is available in the Policy Issues section of the AMO website at www. arr~a. on. ca. Associatis~n of 1-1 Municipalities of Untario This facsimile is provided by CNw Group. To unsubscribe, please call 416-863-2101 or 1-866-309-3811 / Cette telecopie provient de Groups CNW. Pour vous desabonner, veuillez nous joindre au 416-863-2101 ou 1-866-309-3811 Please Deliver To / SVP REMETTRE A Clerk 1 News Release ~ ~ C~ntar~o Communique Ministry of Municipal Ministers des Affaires Affairs and Housing municipales et du Logement For Immediate Release February 13, 2008 PROVINCE TO CONSULT ON FIRE SPRINKLERS McGuinty Government Believes Additional Measures Could Protect Families TORONTO -The McGuinty government will hold a public consultation and information sessions on proposed changes to the Building Code that would require fire sprinkler systems in newly constructed multiple-unit residential buildings higher than three storeys. "Ontario has one of the lowest rates of residential fire deaths in Canada," said Jim Watson, Minister of Municipal Affairs and Housing. "Nonetheless, we believe we can make our buildings even safer, and we will consider the comments, ideas and concerns received through the consultations when finalizing any amendments to the Building Code." "Over aten-year period between 1997 and 2006, 103 people have died in these types of multi-unit residential building fires," said Rick Bartolucci, Minister of Community Safety and Correctional Services. "My ministry looks forward to partnering with the Ministry of Municipal Affairs and Housing to develop ways to reduce these tragedies and increase the safety of families and individuals across the province." A public consultation paper will be available Friday, February 15 on the Building Code website of the Ministry of Municipal Affairs and Housing at http://www.ontario.ca/buildingcode. Interested parties will have until May 1, 2008 to submit comments. Public information sessions will be held in late March and early April 2008. The locations and dates of the information sessions will soon be posted on the Building Code website and on the Ministry of Community Safety and Correctional Services, Office of the Fire Marshal website at www.ofm.gov.on.ca. "These consultations are a chance to build consensus and increase awareness about fire safety across the province," said Ontario Fire Marshal Patrick Burke. "Everyone must understand that fire safety begins with prevention, and that smoke alarms and sprinklers can save lives and limit property loss." The Office of the Fire Marshal will use the information sessions to highlight fire safety challenges and home fire safety practices, and to discuss common misconceptions regarding residential sprinkler systems. "Sprinklers can make a difference," said Linda Jeffrey, MPP for Brampton-Springdale. "The proposed regulations would help protect what we value most, including those most at risk -seniors, the young and the disabled." Jeffrey previously introduced private members bills calling for sprinklers in new residential buildings. -30- Contacts: David Brezer Brian Teefy Ministry of Municipal Affairs and Housing Minister's Office (416} 585-6656 (416) 585-6333 Chris Slosser Office of the Fire Marshal Ministry of Community Safety and Correctional Services (416) 325-3120 Disponible en fran~ais www.mah.gov.on.ca (2/20/2008) Dean iorfida - 080 30a1t Pre-Budget Consultation pdf T~ Pa e 1 9 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-mail: amo@amo.on.ca ,.~srrt itf;4dt1 ir~4R4~F5;.1~D.t~itiM rf t}#1 t;t FI£# r MEMBER Ct~MMUN~ATIC?~ ALERTN°: osroo3 To the attention of the Clerk and Council FOR MnRE INFORMATitaN CC}NTACT: January 30, 2008 Matthew Wilson, AMO Senior Pdicy Advisor (416) 971-9856 ext 323 AM4's Pre-Budget Submission Seeks Continued Transformation of Fiscal Arrangements Today AMO President, Doug Reycraft, presented AMO's 2008 Pre-Budget Submission to the Standing Committee on Finance and Economic Affairs in Guelph. A copy ofAMO's 2008 Pre-Budget Submission is linked to this Alert. The Submission builds on AMO's campaign for a new provincial-municipal fiscal relationship. It recognises the significant changes the Province has made in the last year to address long-standing inequities and seeks continued transformation to strengthen the competitiveness ofOntario's communities. A key milestone was reached last year when Premier McGuinty announced a timed, full upload of two entire, key social programs -the Ontario Disability Support Program and the Ontario Drug Benefits Program. This change will reduce the province's reliance on property tax revenues by $935 million a year by 2011. Despite these and other improvements in cost sharing arrangements, Ontarians continue to pay the highest property taxes in Canada. Highlights of the 2008 AMO submission include: • The need for further uploading of health and social service program costs; and • The need for additional investment in the municipal infrastructure that provides a foundation for the prov incial economy. These costs/needs are shared by all municipalities and their respective property taxpayers. In addition, other matters that relate to different groups of munici palities were also raise, among them: • The need for additional provincial investment in Broadband to support communities, small business and industry; • The cost to municipalitie s of providing service to crown lands; • The need for the Province to address the "heads and beds" levy paid in lieu of property taxes for provincial institutions such as universities and hospitals -which has been frozen since 1987; and • The need for the Province to take back the costs of providing security services in provincial courts. AMO calls on the government to continue the transformation that will ensure a sustainable fiscal future for Ontario's communities into the 21 St century. This information is available in the Poiic y Issues section of the AMO websife at vvvvw, arno. on. ca . As~aciation of 1.1 Municipa3ities cif Ontario 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-mail: amo@amo.on.ca ~k~~ctr~ ~~~~~eY~ ~~t <".i~xaair, p4ali~~c~ ~tf ~C~~,t~~ri- IUIEMBI~.F~ ~CJIIIIUNICA~'ICJN F~r~Np.o7.o2s TQ the attention of the Clerk and CQUnCiI ~oR MC3RE IIVI=ORMATI®N CONTACT: December 5, 2007 Laurel McCosham Policy Advisor (416) 971-9856 ext 315 Imccosham ama.an.ca Fairness for Military Families Act Passes BiII 2, Fairness for Military Families Act (Employment Standards and Heafth Insurance, 2007 was introduced on Monday (Dec. 1) and received Third Reading the same day. The Bill represents an amendment to the Employment Standards Act (ESA), 2000, which currently offers no statutory job protection for Canadian Forces Reservists who volunteer for operational military missions. Bill 2 will provide such job protection to reservists who have six months of continuous employment with an employer covered by the ESA. The legislation entitles reservists to a leave period to engage in the operation for which they have been deployed. For international operations, this includes any pre-deployment or post- deployment activities required by the Canadian Forces. Upon the reservist's return, the employer is required to reinstate the reservist to the same position if it still exists, or to a comparable position if it does not. The financial impacts associated with this legislative change are negligible since there is no requirement for the employer to continue benefits during the unpaid leave of absence. Employers' financial responsibilities are limited to the cost of hiring and training an employee to fill the position temporarily vacated by the reservist. The average reservist's mission, including training and re-introduction time, is 18 months, although they are entitled to a leave period that is necessary to fulfil the service requirement. Reservists must provide as much notice, in writing, as is reasonable in the circumstances, for both start and end dates. Currently, there are about 11,675 reservists in Ontario, about 45 percent of whom are employed. Of these, about 50 percent are employed in the public sector. Across the province, there are about 100 public sector employees deployed annually. To date, 25 municipalities have signed formal statements of support for the protection of reservists' jobs. Manitoba, Saskatchewan, PEI and Nova Scotia have also recently introduced job protection legislation for reservists. This information is available in the Policy Issues section of the AMO website at www.arr~o.on.ca. 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 ~ Fax: (416} 971-6191 E-mail: amo amo.on.ca .°4~~ccrr=i~~Fec~rk tit 14ii,;u°s~~xrl~is+=-~ (,:~at~~~i9a I~l"I E ICI B E R C Q Illll M l.1 N I CAT` I ®111 FYI r~~: 07-027 To the attention of the Clerk and C©uncil 1=t7R MORE 11VFC1RMAT14N cC3NTacT: December 6, 2007 Craig Reid, AMO Senior Policy Advisor (416) 971-9856 ext 334 Province Announces Community Go Green Fund for Greenhouse Gas Reduction Projects Issue: The Ontario Ministry of the Environment has announced the Community Go Green Fund, a $6.6M/four year fund for local projects that reduce greenhouse gas emissions. Municipalities with under 20,000 residents are welcome to apply. Background: The Ministry of the Environment has launched the call for applications for the Community Go Green Fund (CGGF). The CGGF is a new, four year, $6.6 million dollar program that provides funding for local projects that reduce greenhouse gas (GHG) emissions. The ministry welcomes applications from local not-for-profit groups across the province. Proposed projects must: • seek to reduce GHG emissions; • provide outreach and education; and • promote long-term behaviour change. Municipalities with populations of 20,000 or less are also able to apply for funding. Funding is limited to a maximum of $100,000 per project. For more information, please access the following links: www. o reenontario.ca/c f. h . Direct links to the program documents can be found at: www.gogreenontario.ca/dots/cggf/CGGF ApplicationGuide.pdf www. o reenontario.ca/docs/c flCGGF A IicationForm.dac Action: Access the links provided for more information. This information is available in the Policy Issues section of the AMO website at wvlrw. arr~o. can. ca. Association of 1-1 Municipalities ofiOntario - `(2/20/2008) Dean lorfida - 080130fyi municipal-spending-l.pdf Page 1 200 University Ave, Suite 801 Toronto, ON M5H 3C6 ' * Tel.: (416) 971-9856 I Fax: (416) 971-6191 _ E-mail: amo@amo.on.ca 1,~~A~.~,tt r,,F ;~.!ttratt ~~raJt4~a~1 r,F{ i~vtt;~rita MEMBER f:0 M M U N RATIO N l~Y~ 1~~. os-oo~ L' To the attention of the Clerk and Council FqR MORE INFORMATIgN CONTACT: January 30, 2008 Pat Vanini, AMO Executive Director (416) 971-9856 ext 316 ' AMO's Response to a Commentally in Recent Edition of the Financial Post Editor Financial Post Re: Municipal spending is out of control, Commentary, Tuesday January 29, 2008 Kevin Gaudet, Ontario Director of the Canadian Taxpayers Federati on, fails to compare apples to apples when he laments about the high cost of property taxes in Ontario. Ontario properly taxpayers fund Provincial Government programs and services to an extent that would shock other Canadians. In fact almost half of every property tax dollar collected in Ontario flows through municipalities to pay for Provincial Government programs and services, such as education, social assistance, long-term care for seniors, public health, ambulance services, child care and social housing. According to Statistics Canada data, Ontarians pay approximately $237 more per person in property taxes than property tax payers in the rest of Canada. At the same time, the Ontario Government spends $258 less per person on health and social services programs than other provinces. There is a direct correlation between Ontario's high property taxes and the Ontario Government's unique reliance on property tax revenue. Ontario municipalities perform admirably in a direct dollar-for-dollar comparison of municipal costs for municipal services. Municipalities are currently working with the Ontario Govern ment to develop anew fiscal relationship that considers affordability, sustainability and the delivery of quality services. Success is vital to the quality of Ontario's environment, infrastructure, public services and prosperity. Signed by: Doug Reycratt Mayorofthe Municipality ofSouthwesf Middlesex and President ofthe Association of Municipalitie s of Ontario This information is available in the Poli cy Issues section of the AMO website at www, emn. on. ca . A~s+acietion 4f 1-1 Municipalities af~ntarin 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-mail: amo@amo.on.ca r`.tirit%.14viir~ t?f.~9tr~a~+;,+;7w3#~~lt'~ t1{ k+Rl'A IVY E 11~ B ~ R C C~ VI M U I CA1f ' O IN FYI gyp: os-oo5 To the attention of the Clerk and Council ~oR MoRr~ rive=oRmaTwQN caNTacT: February 8, 2008 Petra wof[beiss AMO Senior Policy Advisor (416) 971-9856 ext 329 Canada and Ontario Announce Call for Proposals on Local Immigration Partnerships Through work of the Association's Municipal Immigration Committee (MIC), an initiative to support sustainable local solutions that enhance the successful integration of immigrants in Ontario has been announced. Citizenship and Immigration Canada (CIC) and the Ministry of Culture and Immigration (MCI) have issued a Call for Proposals to establish local and regional partnership councils comprised of a wide range of community stakeholders including the municipal and/or regional government, community organizations, settlement agencies, language training providers, local associations and employers. Other relevant partners could include sector councils, regional newcomer employment networks and economic development corporations that will coordinate and enhance the current local service delivery network providing services to immigrants. Strategic partnerships between service providers and organizations will be created through Local Immigration Partnerships. The objectives to be achieved through Local Immigration Partnerships include: 1. Improved access to, and coordination of, effective services that facilitate immigrant settlement and integration. 2. Improved access to the labour market for immigrants. 3. Strengthen local and regional awareness and capacity to integrate immigrants. 4. Establish or enhance partnerships and participation of multiple stakeholders in planning, and coordinating the delivery of integration services. Since the signing of the Canada Ontario Immigration Agreement, AMO has been working with Canada and Ontario to inform immigration policy and planning in Ontario. For more information and to access the Call for Proposals visit: htt :ilatwork.settlement.or /s s/atwork librar detail.as ?doc id=1004478 This information is available in the Policy Issues section of the AMO website at wvvw. amc~. on. ca. 1-1 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-mail: amo@amo.on.ca ,+~,~~{~~r.~~~cr~ ~ts~;~ii~ a,>a l ~ a~ t,1 Ca~~fari~ I'~I E B E R C t~ IV l~l 111 ~ CAT I C:~ ~ ALERT NQ: osloo2 To the attention of the Clerk anCC Council FC3R MARE INF©RMATfON CC7NTACT: January 23, 2008 Petra Wolfbeiss, AMO Senior Policy Advisor (416) 971-9856 ext 329 AM4 Supports FCM's Call for Intergovernmental Action on Housing and Homelessness Toronto, Ontario, January 23, 2008 -The Association of Municipalities of Ontario (AMO) supports the position of the Federation of Canadian Municipalities (FCM) that a national policy and funding framework is required to address chronic homelessness and the need for affordable housing in our communities. The FCM released its National Action Plan for Housing and Homelessness in Vancouver today which calls for greater federal funding to address Canada's affordable housing shortage and eliminate chronic homelessness. "The Federal Government must put an end to the chronic uncertainty around affordable housing in this country and play a strong leadership role by committing to a long-term strategy working with provinces and municipalities as well as the community sector," said FCM President, Gord Steeves. "Ontario municipalities are struggling to manage housing services that were downloaded to municipalities in the 1990s, and declining federal investments in housing and homelessness programs is one of the most significant financial risks that Ontario's municipalities face today," said Doug Reycraft, President of the Association of Municipalities of Ontario. "Engaging the federal government in a national housing strategy is a priority for municipal governments in every part of Ontario." More than 100,000 people who need housing in Ontario sit on waiting lists -some for as long as twelve years. Addressing affordable housing and homelessness is a core component of poverty reduction and is directly related to positive health and education outcomes as well as vibrant and economically strong communities. In addition to the social costs of homelessness, the lack of affordable housing will continue to result in high costs in emergency and institutional response systems, including paramedic and police services, hospital and shelter expenses, criminal justice costs, and rehabilitation services. "The lack of a comprehensive, sustained strategy to address the pressures of affordable housing and chronic homelessness is an economic issue with consequences for every order of government," said Reycraft. "The commitment and cooperation of federal, provincial and municipal orders of government, is needed immediately to find solutions and help Canadians in need." This information is available in the Policy Issues section of the AMO website at www.arrra.on.ca. Association ofi 1-1 Municipalities of Qntario 200 University Ave, Suite 801 Toronto, ON M5H 3C6 ' Tel.: (416) 971-9856 ~ Fax: (416) 971-6191 E-mail: amo@amo.on.ca A~krr~ s<tt`srr~ oaf ,~~~ic ~~ta(~ti~ * cki` ~.1lari~~ ~tl E MI B~ R C M U CATI t~ N ALERT N°: o7/oso To the attention of the Clerk and Goc~ncil FUR MARE INFORMATION ct?NTACT: December 21, 2007 Matthew Wilson, AMO Senior Policy Advisor (416) 971-9856 ext 323 Ontario Municipal Partnership Fund (OMPF} - Stable Funding Guarantee for 2008 Issue: The Ministry of Finance and the Ministry of Municipal Affairs and Housing have confirmed individual municipal OMPF allocations will remain stable for 2008 Background: At the August 2007 AMO Conference, Premier McGuinty announced that the province would upload the cost of the Ontario Drug Benefit (ODB) in 2008 and begin uploading the costs of the Ontario Disability Support Program (ODSP) in 2009 -resulting is savings for municipalities of $935 million a year by 2011. The Premier further committed that the overall OMPF allocation in 2008 would not be reduced as a result of the upload. Today, the Ministries of Finance and Municipal Affairs and Housing wrote to Heads of Council and treasurers confirming individual municipal allocations for 2008 would not be less than 2007 allocations. Additional details regarding 2008 OMPF allocations is available at: htt :l/www.fin, av.on.ca/en lishibud et/om f/20081 Action: For your information This information is available in the Policy Issues section of the AMO website at www.amo.on.ca. Association of 1-1 Municipalities of Ontario FCM 613.241.7440 1/3/2008 4:43:54 PM PAGE 001/001 Fax Server January 3, 2008 PLEASE DISTRIBUTE TO MEMBERS OF COUNCIL AND SENIOR STAFF rcQtr3tk'1ti ofC:UY:iL~l3I3 :ti1k>iifGl}ld~if its NEW FUNDING OPPORTUNITY FOR MUNICIPAL SOLID WASTE PROJECTS On February 13, 2008 FCM will issue a Green Municipal Fund (GMF} Request for Proposals {RFP} for financing to support implementation of sustainable municipal solid waste diversion projects. The primary objective of the 2008 Waste RFP is to fund exceptional waste diversion projects that can serve as examples of excellence for other municipal governments to follow. Funding approvals will be based on total waste diversion rate, increase to the waste diversion rate as well as the potential to deliver high environmental, social and economic benefits. GMF funding opportunities for capital projects are available through annual RFPs in five sectors of municipal operation: Brownfields, Energy, Transportation, Waste and Water. A competitive RFP process is used to determine which projects best meet program objectives. Limited funding is available for each RFP and as a result only the best applications will receive funding. GMF will award, in total, up to $10 million in low interest loans and up to $1.5 million in grants through the 2008 Waste RFP. Eligible applicants can request up to $3 million in loans and $300,000 in grants for each project. Municipal governments and their partners are eligible to apply. The application guidelines, along with details of RFP requirements and processes, will be available on-line from the FCM Centre for Sustainable Community Development website at <www.sustainablecommunities.fcm.ca> or by contacting the Application Co-ordinator named below after February 13, 2008. The deadline to submit a full response to this RFP is March 27, 2008. Final decisions on funding will be available in October 2008. In addition to capital project funding, GMF provides grants for sustainable community plans and for feasibility studies and field tests. Details on these grant funding opportunities are available on-line at <www.sustainablecommunities.fcm.ca>. Sincerely, Gord Steeves President For questions on the GMF 2008 Waste RFP: Andree Thomas, Application Co-ordinator, Green Municipal Fund 24 Clarence Street, Qttawa, ON K1 N 5P3 Phone: 613-907-6246; Fax: 613-244-1515 E-mail: waste.rfp~a fcm.ca Fm:OGRA Ta: Ted ~alci; (19053589083) 20:30 11?20?07GMT-05 Pg 01-02 e ~ ~ ~ i? ~ • r~$a?• ~ i ~+~ptn~ rnem~ers in~arrn~d. N~vemb~r 19, ~~07 ~~~'i~r~~~ /~a~rrcr~a~~ie~ Hours of ervi~e: F~~+~ommen~~d Mur~i~ip~l f~roto~ol The fallowing recommended pro#acol provides municipalities with information an the Hours of ~erviae Exem~#iQns to deal with signifcan# or impending situations. l# has been reviewed by Frank Gowan Company and is consistent with a similar protocol that IVIT~ has drafted far Use by area maintenance contractors. Background Municipalities are aware that a new regulation an Haurs of Service was passed by the ~ntaria Ministry of Transpor#a#ian effective January 1 ~~07. Regula#ion 555tQ5 was amended to adap# new federal hours of service rules into the provincial regulations. one of the key campanen#s of the new rules is to ensure #ha# all commercial vehicle drivers, bath long and short-haul, have a mandatary off-duty period far res#. The new regulation has four basic requirements: 1 daily requiremen# 2 Mandatary time off ~ Cycle requirement ~ycte reset/swrichrng ~ Recant keeping requirement Gaily tag contents Dart y tort exerrrptian in .1uly ~DO~, Regulation 555I0~ was further amerttled to provide two exemptions from Haurs of Service provisions to deal wide significant ar impending situations. These amendments warn sought by ~CRA and AMC to address municipal concerns that situations will occur that require working longer hours than specified in the Haurs of Service regulation. Events such as winter storms, windstorms, flooding, power outages and watermain breaks are potential situations whore the regulation could be used. The exemp#ians are as follows: F~egulation 555laG Paragraph 4 0# subsection 3 ("iy 4. A vehicle engaged in providing relief in an emergency, being a situa#ian ar impending situation that constitutes a danger of major prQpartians to life, property or the environment, whether caused by farces of nature, an accident, an international act ar otherwise. 4.1 A vehicle opera#ed by ar an behalf of a municipality, road authority or public utility while responding to a si#uatian or impending situa#ian tha# cans#itutes an imminen# danger, though not one of major proportions, to life, property ar the environment, whether caused by farces of nature, an accident an intentional act ar otherwise. C~NTAF~l+~ ~C~C~a l~UA~ A~~~AT~~N RREMIER SRC~NSQR: fi355 KENNE~7Y ROAD, UMIT #2, MISSIS~AUGA, ON L5T 2L5 TEL: {905} 795-2555 FAX: {905} 795-2660 EMAIL: info a~7agra.ar0 ~~r~.~n~Q~, ~raA~,.~~.~,M,f~a~~X,~~,~~.~; Fm:DGRA Ta: Ted ~alci; X19053569083) 20:00 11120107GMT-05 Pg 02-02 C7nteria Goad Roads Association .Heads UP Alert. November i9, '2007 Protocol: Frank Cowan Company has provided input into the fallowing prataca! that municipalities may wish to consider when operating under the examptians. Frank Cowan Company recommends that municipalities develop an Qperational plan to cover various aspects of using the exemptions. Definition a# ~ignific~nt/ Impending Situ~tians Municipalities can determine when to decida that a situation ar impending situation exists and when the situation has ended and normal operation procedures can resume. The operational plan should mention examples of situations that might require the exemption to apply. Examples of imminent danger might include winter storms, flooding, wind storms, power outages and watermain breaks. The operational plan should make clear that these are examples only and circumstances "could include such examples but not be limited to". Qesignated Authority Municipalities Gan determine who shall determine that a situation or impending situation exists that is Causing or Gould Cause an imminent danger to life, property or the environment. The operational plan should specify who Gan determine that a situation exists requiring an exemption. An alternate should also be identified in the opera#ional plan. aacurnentation Municipalities Can determine when to decide that a situation or impending situation exists and when the situation has ended and normal opera#ion procedures Gan resume. The aperatianal plan should mention examples of situations that might require the exemption to apply. Examples of imminent danger might include winter storms, flooding, wind storms, power outages and water main breaks. The operational plan should make Clear that these are examples only should include a statement that Circumstances "could include such examples but not be limited to". The apr~ratianal plan should also document what conditions will Nava to exist in order far the exemption tc be ended. it is recommended that documentation be made and retained outlining the circumstances that were occurring or about to occur that led to the decision that the exemption would apply including start and stop times and a running log of events during the exemption. Return to Compliance The aperatianal plan should Hate that as sawn as the situation has been resolved and as sawn as passible, the municipalities will Comply with the Hours of Service Regulation. All drivers will be expected to comply with the regulation by obtaining the required rest time, before resuming driving. Municipalities are encouraged to keep Complete documentation on circumstances surrounding the situation and its completion.